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Agenda 09/21/2004 RDUE TO HURRICANE IVAN IN SOUTHWEST FLORIDA AND THE POTENTIAL FOR PROBLEMS CAUSED BY THIS STORM, THE BOARD OF COUNTY COMMISSIONERS MEETING THAT WAS SCHEDULED FOR SEPTEMBER 14, 2004 WAS HELD ON THE FOLLOWING TUESDAY, SEPTEMBER 21, 2004. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA September 14, 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 AT WRITING BE SUBMITTED IN WITH EXPLANATION DAYS PRIOR O THE DATE OF THE MEETIING AND WILL BE HEARD UNDERE PUBLIC LEAST 13 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. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 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. July 26, 2004 -Value Adjustment Board Minutes C. July 27, 2004 - BCC Regular Meeting Minutes D. August 11, 2004 - BCC/Emergency Meeting- Hurricane Charley Briefing E. August 12, 2004 - BCC/Emergency A.M. Meeting- Hurricane Charley Briefing F. August 12, 2004- BCC /Emergency P.M. Meeting- Hurricane Charley Briefing G. August 14,2004- BCC/Emergency Meeting-Hurricane Charley Briefing 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1. Judi Bodine, County Manager Administration B. 25 Year Attendees 1. Robert Lester, Parks and Recreation C. 30 Year Attendees 1. Curtis Anderson Sr., Transportation Road Maintenance D. 35 Year Attendees E. 40 Year Attendees 4. PROCLAMATIONS A. Proclamation to designate the week of September 20 -24, 2004 as Industry Appreciation Week. To be accepted by Tammy Nemecek, Executive Director of the Economic Development Council. B. Proclamation to designate the month of September 2004 as Childhood Cancer& Blood Disorder Awareness Month. To be accepted by Klair Snellbaker, Executive Director of Candlelighters of Southwest Florida. C. Proclamation to recognize Tim Rudzitis for his kind and generous deed of donating bone marrow. To be accepted by Tim Rudzitis. D. Proclamation to recognize Ms. Laurie Andrea, A Citizen Volunteer, Mr. John Martin, Costco Store Manager, and Major Terry Woods on behalf of the Hendry County Sheriffs Office for their humanitarian efforts for the disaster victims of Hurricane Charley. 5. PRESENTATIONS A. Recommendation to recognize Al Madsen, Coastal Inspector as "Employee of the Month" for August 2004. 6. PUBLIC PETITIONS A. Public Petition Request by James Ciolino to discuss beach access. B. Public Petition Request by Connie Stegall- Fullmer, President, Goodland Preservation Coalition, Inc., to discuss interlocal agreement between Marco City and Collier County. 7. BOARD OF ZONING APPEALS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU- 2003 -AR -3648: Stuart Kaye, of Kaye Homes, Inc., requesting Conditional Use #9 in the "E" Estates zoning district, per LDC Sections 2.2.3.3.9., and 2.6.33.4. to continue the existing land use as a model home and sales center for five years on 2.57± acres located at 910 Oakes Boulevard, further described as the south 165 feet of Tract 28, Golden Gate Estates, Unit 96, in Section 32, Township 48 South, Range 26 East, Collier County Florida. B. This item being continued indefinitely. CU- 2003 -AR -4978, Pamela Stewart, Esquire, representing Julio Del Risco, requesting Conditional Use 6 of the RMF -12 zoning district for a Congregate Care Facility. The property is located at 4470 Golden Gate Parkway, further described as Lot 16 and the west half of Lot 17, Golden Gate Unit 3, Block 81. The property is in Section 27, Township 49 South, Range 26 East, Collier County, Florida, consisting of .34+ acres. 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. This item continued from the June 22, 2004 BCC Meeting. PUDZ -03 -AR -3561, Hiwasse, Inc., represented by Robert Duane of Hole Montes, Inc., requesting a rezone from Rural Agricultural (A) to Planned Unit Development (PUD) to be known as the Hiwasse PUD to allow for a professional office, or indoor self storage, or a combination thereof for property located on the west side of Livingston Road, and approximately one - quarter mile south of Pine Ridge Road (CR -896) in Section 13, Township 49S, Range 25E. B. Adopt a Property Maintenance Code for the both residential and non - residential properties within the unincorporated area of Collier County, Florida; providing for minimum housing and building maintenance standards; providing for rental unit registration and inspection; providing for the minimal maintenance of vacant and boarded up properties, including limitations on the amount of time a vacant property can be boarded; providing a method for designating hazardous buildings and standards for the repair or demolition of hazardous buildings; and repealing ordinances 76-70, 89-06, 96-76 and 99 -58. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: DRI -03 -AR -4777, C. Laurence Keesey, representing Waterside Shops at Pelican Bay Trust and WCI Communities, Inc, requesting an amendment to the Pelican Bay Development of Regional Impact (DRI), to relocate 121,000 square feet of approved, but not yet constructed and uncommitted commercial use from the North Commercial Area to the South Commercial Area, reduce the approved maximum number residential dwellings by 800 units to a new maximum of 7,800 residential dwelling units for property located at the northwest quadrant of the intersection of Tamiami Trail (US -41) and Seagate Drive in Sections 32 and 33, Township 48 South, Range 25 East, and Sections 4, 5, 8, and 9, Township 49 South, Range 25 East Collier County, Florida. Companion Item: PUDA -03 -AR -4008. D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA -03 -AR -4008, C. Laurence Keesey, representing Waterside Shops at Pelican Bay Trust and WCI Communities, Inc, requesting a rezone from Planned Unit Development (PUD) to Planned Unit Development (PUD) for the purpose of revising the PUD document to relocate 121,000 square feet of approved, but not yet constructed and uncommitted commercial use from the North Commercial Area to the South Commercial Area, reduce the approved maximum number residential dwellings by 800 units to a new maximum of 7,800 residential dwelling units within the Pelican Bay PUD located at the northwest quadrant of the intersection of Tamiami Trail (US -41) and Seagate Drive in Sections 32 and 33, Township 48 South, Range 25 East, and Sections 4, 5, 8, and 9, Township 49 South, Range 25 East Collier County, Florida. Companion Item: DOA -03 -AR -4777 E. Recommendation to adopt a resolution designating Stewardship Sending Area 5 (SSA 5) within the Rural Lands Stewardship Overlay District (RLSA) including an SSA Credit Agreement and Perpetual Stewardship Easement in response to an application by Barron Collier Investments, Ltd. F. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. This item continued from the June 22, 2004 BCC Meeting. PUDZ- 2002 -AR -3411 Carl M. Nagel, managing partner of CDN Properties - LLC, and Thomas Craig, Craig Construction and Restoration, Inc., represented by Robert J. Mulhere, AICP, of RWA, Inc, and R. Bruce Anderson of Roetzel and Andress requesting a rezone from Agricultural (A) to Planned Unit Development (PUD) for a project to be known as the Nagel -Craig Business Park PUD to allow a maximum of 417,000 square feet of business park land uses in buildings not to exceed 42 feet in height on 37.5# acres of property located on the west side of Collier Boulevard approximately' /. mile north of Vanderbilt Beach Road, in Section 34, Township 48 South, Range 26 East, Collier County, Florida. G. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ -A- 2004 -AR -5211, Naples Golf Development, LLC, Naples South, LLC; and Naples Golf Club South LLC, represented by Robert Duane, AICP, of Hole Montes, Inc, requesting a rezone from "PUD" Planned Unit Development known as Boyne South PUD to "PUD" Planned Unit Development to be known as Boyne South PUD by revising the PUD document and Master Plan to change the permitted use of Tract B from Commercial /Motel to allow for 34 multi - family units and eliminate the 64 motel units; increase the number of dwelling units from 154 to 171 dwelling units; change the permitted use of the existing Tract "D" from multi - family to single family; provide for a new access point east of the existing access road; reduce the size of the golf course tract from 152 acres to 148 acres; and increase the size of the residential area from 54 acres to 58 acres. The property is located at on the south side of US 41, five miles east of Collier Boulevard (C.R. 951), in Section 20, Township 51 South, Range 27 East, Collier County, Florida, consisting of 242.35± acres. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the BayshorelGateway Triangle Local Redevelopment Advisory Board. B. Appointment of members to the Collier County Coastal Advisory Committee. C. Appointment of members to the Immokalee Enterprise Zone Development Agency. D. Appointment of member to the Contractors' Licensing Board. E. Appointment of members to the Emergency Medical Services Advisory Council. F. Discussion regarding Florida Association of Counties (FAC) Select Medicaid Reform Workgroup (Commissioner Coletta). G. Discussion regarding the possibility of sending a Commissioner to accompany the Economical Development Council (EDC) to Poland as a County ambassador in support of their effort to entice business to the Immokalee Trade Port as part of the Economic Stimulus Program. H. Board consideration and direction relating to post disaster replacement and repair of dune walkovers during sea turtle nesting season. (Commissioner Halas) 10. COUNTY MANAGER'S REPORT A. A request for direction from the Board of County Commissioners regarding procedures for a forthcoming amendment to the Cocohatchee Bay PUD. The amendment is for the purpose of making changes to the Bald Eagle Management Plan. (Joe Schmitt, Administrator, Community Development and Environmental Services) B. "Approval of this Agreement by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this Agreement shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board" Recommendation to ratify Emergency Purchase Orders issued by the Public Utilities Division for the collection, transportation and processing of Hurricane Charley related biomass, for the rental of emergency equipment used by the Wastewater Department for hurricane activities and for the approval of related budget amendments in the estimated amount of $1,307,500. C. Staff update to the Board of County Commissioners on the status of requests for exemptions and variances to the Land Development Code for Center Point Community Church, Carson Lakes Phase II and Naser Medical Office continued from the July 27, 2004 Board of County Commissioners meeting. (Joe Schmitt, Administrator, Community Development) D. This item continued from the July 27, 2004 BCC Meeting. Recommendation to review a proposal from Southwest Heritage, Inc., to lease the Naples Depot as a branch facility of the Collier County Museum. E. Recommendation to Approve Three (3) Tourist Development Category "C -2" Grant Applications and Three (3) Tourism Agreements for Naples Botanical Garden $217,650; The Conservancy of SW Florida $100,000; City of Naples $50,000; Totaling $367,650 for FY 05, and Direct Staff to Prepare Amendment to Ordinance 92 -60 as Amended to Include Municipally -Owned Museums for C -2 Grants. F. Recommedation to approve Guaranteed Maximum Price (GMP) of $53,802,645 for Contract No. 013189, Article #1, Exhibit J to Kraft Construction Company, Inc. for the construction of North Naples Regional Park, Project 80602. 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Discussion in regards to the City of Naples invoking the Governmental Conflict Resolution regarding the Golden Gate Parkway /Airport Road overpass. 13. OTHER CONSTITUTIONAL OFFICERS A. Request approval of a budget amendment transferring funds from general fund reserves to the Sheriffs Office budget. (Total $2,500,000.00) 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 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. Recommendation to approve for recording the final plat of "Veronawalk Phase 2A ", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 2. Recommendation to approve final acceptance of water utility facilities for Hibiscus Pointe at Carlton Lakes. 3. Recommendation to approve final acceptance of water and sewer utility facilities for Carlton Lakes Boulevard. 4. Recommendation to approve a $120,000 change order to amend the existing contract with Tomasello Consulting Engineers, Inc. for expansion of the limits of the County's FEMA - related Base Flood Elevation study. 5. Recommendation to approve final acceptance of water and sewer utility facilities for Cocohatchee Nature Center. 6. Recommendation to approve final acceptance of water and sewer utility facilities for Olympia Park. 7. Recommendation to approve final acceptance of water and sewer utility facilities for The Club Estates. 8. Recommendation to approve final acceptance of water utility facilities for Regency Reserve at The Vineyards. 9. Recommendation to approve final acceptance of water and sewer utility facilities for Ibis Cove Phase 2A. 10. Recommendation to approve for recording the final plat of "Pine Air Lakes Unit Five ", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 11. Recommendation to approve final acceptance of sewer utility facilities for Banyan Woods Multi - Family. 12. Recommendation to approve final acceptance of sewer utility facilities for Banyan Woods Single Family (Subdivision). 13. Recommendation to approve for recording the final plat of "Pebblebrooke Lakes Phase IV % and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 14. Recommendation to approve final acceptance of water and sewer utility facilities for Ibis Cove Phase 2B. 15. Recommendation to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Club Estates ". The roadway and drainage improvements will be privately maintained; the water and sewer improvements will be maintained by Collier County. 16. Recommendation to approve for recording the final plat of "Mandalay ", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 17. Recommendation to approve Modification #1 to the Residential Construction Mitigation Program State Funded Grant Agreement. 18. Recommendation to approve a resolution certifying that projects completed by Immokalee Non - Profit Housing Inc. are consistent with local plans and regulations. 19. Recommendation to approve Collier County's Community Development Block Grant (CDBG) program and HOME Investment Partnerships (HOME) program year 2003 -2004 Consolidated Annual Performance and Evaluation Report (CAPER) as required by the U.S. Department of Housing and Urban Development (HUD), and authorize the Board of County Commissioners Chairman to certify the CAPER for submission to HUD. 20. Recommendation to authorize 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 # FL141330 -6001, execute all Grant Sub - recipient agreement (s), provide an effective date and approve all necessary budget amendments. 21. Recommendation to approve for recording the final plat of "Grand Lely Drive and Lely Cultural Parkway ", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 22. Recommendation to approve seven Satisfactions of Liens for Code Enforcement Board Case Nos.: 2001 -0079, 2002 -001, 2004 -003, 2003 -005, 2003 -006, 2001 -001 and 2004 -020. 23. Recommendation to approve Lien Resolutions for the following Code Enforcement Case Numbers: 2003120886/Reece Est., Annie Earl, 20040300811 Jules, Josue & Tercilia, 20040305331 Anderson, Bobbie, 20040104831 Montes, Lillian, 2004011198/ Reece Est., Annie Earl, 2004030804/ Dominguez, Et Al. John R, 2004030990/ Miranda, Guido, 2004041022/ Munoz, Margarita, 2004030055/ Trevino, Francisco, 20040508291 Faccone, Joseph, 20040508261 Cavataio, Salvatore & Antoinette, 2004050746/ Fenton, Bonnie, 20040514061 Pretschold, E.H. & Catherine L, 2004050506/ Galloway, Barbara, 20040507961 Tausch, Valarie S., 20040109061 Lewis Tr. Evelyn G., 2004050825/ Tremblay, Claudette and 20040510631 Jules, Josue & Tercilia. 24. Recommendation to approve an agreement between Collier County and the Economic Development Council of Collier County (EDC) for continuation of the Economic Diversification Program and provide a contribution to the EDC of up to $400,000 for fiscal year 2004 -2005. 25. Recommendation to authorize the Chairman to sign a Florida Department of Agriculture and Consumer Services' grant proposal for $12,855 (of which $6,355 will be reimbursable) to fund a native tree planting demonstration project on the Conservation Collier Visnich property, and to sign a resolution authorizing the Community Development and Environmental Services Division Administrator to enter into an Urban and Community Forestry (U &CF) Grant Memorandum of Agreement and an U &CF Grant Maintenance Memorandum of Agreement between Collier County and the Florida Department of Agriculture and Consumer Services upon receipt of the grant award. 26. Recommendation to approve an Interim Management Plan for the Visnich property under the Conservation Collier Land Acquisition Program. 27. Recommendation to execute the annual Certification for Implementation of Regulatory Reform Activities. 28. Recommendation that the Board of County Commissioners accept the Quarterly Report on the activities related to the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program. B. TRANSPORTATION SERVICES 1. Recommendation to approve County Wide Sidewalk Project Change Orders for #1 East Naples Area in the amount of $20,883.16 and Change Order for the #4 Immokalee Area in the amount of $16,979.00 to Cougar Contracting Specialities, Inc. 2. Recommendation to approve a budget amendment to recognize grant revenue received from the Florida Communities Trust, Florida Forever Grant in the amount of $1,007,700 and appropriate within the Lely Mitigation and Livingston Greenways Projects. 3. Recommendation to approve a Work Order # PBS — 02 - 38 for the installation of School Bus Shelters in Golden Gate Estates to Professional Building Systems, in the amount of $111,160 with Contingency. 4. Recommendation to approve a Developer Contribution Agreement related to the acquisition of right -of -way required for the construction of improvements to Rattlesnake Hammock Road between Polly Avenue and Collier Boulevard consistent with the Development Commitments of the Mandalay PUD - Project No. 60169 - (Fiscal Impact: $680.00) 5. Recommend to approve a landscape installation and maintenance agreement between Calusa Bay Master Homeowners Association and Collier County for landscaping within the right -of -way on Goodlette -Frank Road. 6. Recommend to award bid #04- 3654R, Livingston Road (Pine Ridge Road to Vanderbilt Beach Road) median landscape improvement construction project to Vila and Son Landscaping, Inc. in the amount of $679,395.20. 7. Recommend Board's approval of Adopt -A -Road Agreements (5) for the following: Royal Palm Adademy, Metlife Financial Services, Men's Brotherhood of Mayflower United Church of Christ, Paradise Coast Pilot Club and T.G.I. Friday's. C. PUBLIC UTILITIES 1. Recommendation to approve the transfer of funds from the previous South County Regional Water Treatment Plant construction contract to the new construction contract in the amount of $3,192,049.66 within the same Water Impact Fee Fund. 2. Recommendation to award a Sole Source Purchase Order for Return Activated Sludge Pumps and Waste Activated Sludge Pumps for the North County Water Reclamation Facility to the Ellis K. Phelps Company in the estimated amount of $75,637.00. 3. Recommendation to approve Satisfactions of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. Fiscal impact is $130.00 to record the Satisfactions of Lien. 4. Recommendation to approve work Order HS -FT -04-04 under 00 -3119 — Fixed Term Professional Utilities Engineering Services to Hazen and Sawyer in the amount of $285,310 for Engineering Service for the design of Lime Softening Fourth Reactor, Project 71001. 5. Recommendation to approve partial transfer of funding source for the Lime Softening Fourth Reactor in the amount of $136,000 for the design and permitting from Water User Fees Project 710011 to Water Impact Fees Project 710012. 6. Recommendation to award Bid #04 -3695 — "Annual Contract for Sodium Hypochlorite Solution" to Allied Universal Corp. in the estimated annual amount of $500,000.00. 7. Recommendation to adopt a Resolution and approve a Declaration of Easement for additional well site easements within property acquired for a future park at an estimated cost not to exceed $28,454, Project 710111. 8. Recommendation to approve a Purchase Agreement and accept additional well site easements from Olde Florida Golf Club, Inc., at a cost not to exceed $6,150, Project 710111. 9. Recommendation to Grant a Conservation Easement to the Florida Department of Environmental Protection for the Livingston Road Aquifer Storage & Recovery site at a cost not to exceed $50.00, Project 74030. 10. Recommendation to approve purchase orders for the Loan Procurement Services from the Florida Department of Environmental Protection (FDEP) to Angie Brewer and Associates (ABA) in excess of $25,000 under Sarasota County Contract 2003- 040 for Goodlette Frank Road Force Main Project 72002, Pump Station 103 Project 73945 and for Goodlette Frank Road Reclaimed Water Main Project 74077. (Total $60,671) D. PUBLIC SERVICES 1. Request for the Board of County Commissioners to Approve the Acceptance of Donated Funds to offset the "Independence Day" Expenses Approved by the Board on March 9, 2004. 2. Recommendation to approve the Library's State Aid Application and accept the Long Range Plan, including the Current Year Action Plan and Technology Plan. (FY05 Grant Revenue of $320,000.) 3. Recommendation to Continue Grant Agreement in the Amount of $10,000 Between the University Extension Department, Collier County Board of Commissioners, and the Empowerment Alliance of Southwest Florida for the Purpose of Providing Homeowner Educational Programming in Immokalee. 4. Recommendation to recognize additional revenue in the amount of $2,569 and sign the budget amendment to increase the Retired Senior Volunteer Program(RSVP) budget. 5. Recommendation to approve the Black Affairs Advisory Board to hold a voter registration rally in Anthony Park on September 25, 2004. 6. Recommendation to approve an Agreement for Landscape Services with TECH of Collier County (Estimated Budget of $33,800). E. ADMINISTRATIVE SERVICES 1. Recommendation to approve the Advisory Committees Outstanding Members Service Award Program. 2. Approve a Budget Amendment to appropriate Building Maintenance Special Service revenues totaling $90,000 and Security Special Service revenues totaling $13,500 for reimbursement of personal and operating expenses in Fiscal Year 2004. 3. Recommendation to approve additions to and deletions from the 2004 Fiscal Year Pay and Classification Plan made from August 2, 2004 through September 3, 2004. 4. Recommendation to approve the award of Bid #04.3709 in the amount of $942,430.00 for a Construction Contract with Brooks & Freund, LLC for the construction of Emergency Medical Services (EMS) facility No. 19. 5. Recommendation to approve the award of Bid #04 -3694 in the amount of $233,839.00 for a Construction Contract with Surety Construction Company, Inc. for the remodeling of the Collier County Clerk's MIS office located on the 5th floor of Building F. 6. Recommendation to approve a budget amendment to increase appropriations for personnel and operating costs in Fleet Management Fund 521 in the amount of $155,800 ($25,000 for personnel costs and $130,800 for fuel costs). 7. Recommendation to award a contract for Architectural Services in the amount of $670,000.00 to Victor J. Latavish Architect, PA for the design of the new Sheriff s Special Operations Facility, Contract # 03 -3550. 8. Recommendation to Approve Contracts for RFP 04 -3614 "Fixed Term Landscape Architectural Services." (Dollar amount of contract estimated at $600,000 annually) 9. Report and ratify Property, Casualty, Workers' Compensation and Subrogation Claims settled by the Risk Management Director during the period April 1, 2004 through June 30, 2004 pursuant to Resolution # 2004 -15. 10. Recommendation to approve the award of Bid #04 -3658 in the amount of $376,000.00 for a Construction Contract with EHC, Inc. for the remodeling of the Collier County Medical Examiner's Facility. F. COUNTY MANAGER 1. Summary of Consent and Emergency Agenda Items approved by the County Manager during the Board's scheduled recess. Per Resolution Number 2000 -149, "Approval of this Agreement by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this Agreement shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification of that Board:" 2. Approve a Budget Amendment for the Ochopee Fire Control District Transferring Funds from Reserves for Contingencies to Regular Salaries in the amount of $65,000. 3. Recommendation to Affirm the Letter of No Objection Relative to the Annexation of Horr's Island (Key Marco) into the City of Marco Island. 4. Recommendation to Approve an Interlocal Agreement for the Provision of Beach Renourishment, Maintenance and Stabilization Services in the Hideaway Beach Section of Marco Island. 5. Approve an Agreement between Collier County and Dr. Marta U. Coburn, M.D. Florida District Twenty Medical Examiner dba District Twenty Medical Examiner, Inc. to provide Medical Examiner Services for Fiscal Year 2005 at a cost of $804,400. 6. Request the Board of County Commissioners approve a budget amendment recognizing and appropriating a $11,765.00 donation from the American Heart Assocation in the Emergency Medical Services Find (490). 7. Approve an Agreement between Collier County and Naples Community Hospital for use of the Medical Examiner Facility to Conduct Autopsies. 8. Recommendation to Approve Tourism Agreements Between Collier County and Equinox Documentaries Inc for Television Program Production. G. AIRPORT AUTHORITY AND /OR BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AGENCY 1. Approve a budget amendment for $18,800 to increase budgeted revenues and budgeted expenses for the sale and purchase of aviation fuel at Marco Island Executive Airport. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Jim Coletta's request to represent the County at the NAACP Annual Freedom Fund Banquet and Silent Auction on October 16, 2004 as a valid public purpose. 2. For the Board of County Commissioners to declare a valid public purpose for Commissioner Henning to attend the RSVP 2004 Summer Recognition Luncheon on August 26, 2004. $25.00 to be paid from Commissioner Henning's travel budget. 3. Commissioner Halas' request for Board approval for reimbursement for attending a function serving a valid public purpose. Attended RSVP of Collier County's 2004 Summer Recognition Luncheon on August 26, 2004 at the Naples Bath & Tennis Club; $25.00 to be paid from Commissioner Halas' travel budget. 4. Commissioner Coletta requests reimbursement of $15.00 as a valid public purpose for attending the "Leadership Collier Kick Off' in honor of the class of 2005 on September 8, 2004. 5. Commissioner Fiala's request for Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Leadership Collier Kick Off on September 8, 2004 at the Naples Beach Hotel & Golf Club; $15.00 to be paid from Commissioner Fiala's travel budget. 6. Commissioner Fiala's request for Board approval for reimbursement to attend a function serving as a valid public purpose. Attend NAACP's 22nd Annual Freedom Fund Banquet & Silent Auction on Saturday, October 16, 2004, at the Elks Club on Radio Road; $55.00 to be paid from Commissioner Fiala's travel budget. 7. Commissioner Coleta requests Board approval for reimbursement to attend a function serving a valid public purpose. Attending the United Way of Collier County 2004 Campaign Kickoff Breakfast on September 29, 2004. $20.00 to be paid from Commissioner Coletta's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. Request approval of a budget amendment transferring funds to the Sheriffs Office for payment of county impact fees for the sprung structures (tents) to be erected at the Immokalee Jail Center. (Total $35,590.44) 2. 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. K. COUNTY ATTORNEY 1. Recommend that the Board of County Commissioners Authorize the Making of an Offer of Judgment to Respondents, Richard McPhillips and Denise McPhillips, for Parcels 129 and 729 in the Amount of $10,000.00 in the Lawsuit Styled Collier County v. Terry L. Lichliter, et al., Case No. 03- 2273 -CA (Golden Gate Parkway Project #60027). 2. Recommend that the Board of County Commissioners Approve an Agreed Order and Authorize Payment of Business Damage Expert Fees for Parcel 112 in the Lawsuit Styled Collier County v. Norma E. Banas, et. al., Case No. 02- 5137 -CA (Immokalee Road Project #60018). 3. Recommendation that the Board of County Commissioners Approve the Stipulated Final Judgment Relative to the Acquisition of Parcel 118 in the Lawsuit Styled Collier County v. Jack E. Green, et al., Golden Gate Parkway, Project #60027. 4. Recommend that the Board of County Commissioners Approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement Relative to the Acquisition of Parcel 180 in the Lawsuit Styled Collier County v. Big Corkscrew Island Fire District, et al., Case No. 02- 2218 -CA (Immokalee Road Project #60018). 5. Recommend that the Board of County Commissioners Authorize the Making of an Offer of Judgment to Respondents, John J Yaklich and Carol A. Yaklich, for Parcels 122, 822 and 922 in the Amount of $36,595.20 in the Lawsuit Styled Collier County v. John J. Yaklich, et al., Case No. 03- 2259 -CA (Golden Gate Parkway Project #60027). 6. Recommend that the Board of County Commissioners Authorize the Making of an Offer of Judgment to Respondents, Terry L. Lichliter and Deborah Lichliter, for Parcels 128 and 728 in the Amount of $23,000.00 in the Lawsuit Styled Collier County v. Terry L. Lichliter, et al., Case No. 03- 2273 -CA (Golden Gate Parkway Project #60027). 7. Recommend that the Board of County Commissioners Authorize the Making of an Offer of Judgment to Respondents, William E. Bell and Linda M. Bell, for Parcels 117 and 717 in the Amount of $30,000.00 in the Lawsuit Styled Collier County v. Jack E. Green, et al., Case No. 03- 2227 -CA (Golden Gate Parkway Project #60027). 8. Recommend that the Board of County Commissioners Authorize the Making of an Offer of Judgment to Respondent, Rose Somogyi, for Parcels 123 and 823 in the Amount of $23,000.00 in the Lawsuit Styled Collier County v. John J. Yaklich, et al., Case No. 03- 2259 -CA (Golden Gate Parkway Project #60027). 9. Recommend that the Board of County Commissioners Authorize the Making of an Offer of Judgment to Respondents, Elhanon Combs and Sandra S. Combs, for Parcels 720, 820A, 820B and 920 in the Amount of $80,000.00 in the Lawsuit Styled Collier County v. Elhanon Combs, et al., Case No. 03- 2352 -CA (Golden Gate Parkway Project #60027). 10. Recommendation to authorize the making of an Offer of Judgment to Respondent, Francisco Lemus, for Parcel No. 1 in the amount of $169,950.00 in Collier County v. Francisco Lemus, et al., Case No. 03- 2788 -CA, 13th Street SW Project No. 69068 11. Recommendation to authorize the making of an Offer of Judgment to Respondents, Charles R., Helen J. and Betty J. Wilson, for Parcel No. 142 in the amount of $25,185.00 in the lawsuit styled Collier County v. Charles R. Wilson, et al., Case No. 02- 5164 -CA, Immokalee Rd. Project 60018. 12. Recommendation to authorize the making of an Offer of Judgment to Respondents, Lewis R. and Margaret Jean King, for Parcel No. 164 in the amount of $18,120.00 in the lawsuit styled Collier County v. Juan Ramirez, et al., Case No. 02- 5166 -CA (Immokalee Road Project No. 60018). 13. Recommendation to authorize the making of an Offer of Judgment to Respondents, Roger A. and Coleen Sharpe, for Parcel No. 141 in the amount of $13,200.00 in the lawsuit styled Collier County v. Edward Stanley Sanditen, et al., Case No. 02-5165 - CA (Immokalee Road Project No. 60018). 14. Recommednation to authorize the making of an Offer of Judgment to Respondent, Roy David Hilberg, for Parcel No. 140A in the amount of $6,900.00 in the lawsuit styled Collier County v. Edward Stanley Sanditen, et al., Case No. 02- 5165 -CA (Immokalee Road Project No. 60018). 15. Recommendation to authorize the making of an Offer of Judgment to Respondent, Roy David Hilberg, for Parcel No. 140B in the amount of $53,130.00 in the lawsuit styled Collier County v. Edward Stanley Sanditen, et al. 16. Recommendation to authorize the making of an Offer of Judgment to Respondent, Mary E. lannetta, for Parcel No. 167B in the amount of $28,520.00 in the lawsuit styled Collier County v. Andy R. Morgan, et al. 17. Recommendation to authorize the making of an Offer of Judgment to Respondents, James L. and Esther E. Swigert, for Parcel No. 143 in the amount of $15,240.00 in the lawsuit styled Collier County v. Charles R. Wilson, et al., Case No. 02- 5164 -CA (Immokalee Road Project No. 60018). 18. Recommendation to authorize the making of an Offer of Judgment to Respondent, Louise V. Taylor, as Trustee of the Louise V. Taylor Living Trust ulald 9116!87, for Parcel No. 156 in the amount of $91,500.00 in the lawsuit styled Collier County v. Andy R. Morgan, et al., Case No. 02- 5169 -CA (Immokalee Road Project No. 60018). 19. Recommendation to approve Special Magistrate Agreements for Value Adjustment Board Hearings for Tax Year 2004. 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 QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. SE -04-AR -5494, a resolution amending Resolution Number 96 -377, the Taylor Properties Conditional Use to correct a scrivener's error resulting from the unintentional inclusion of an incorrect legal description in the adopted Resolution for the property located on the south side of Davis Boulevard (S.R. 84) in Section 11, Township 50 South, Range 25 East, Collier County, Florida. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. This item continued from the July 27, 2004 BCC Meeting. PUDZ- 2003 -AR -5087, Stephen G. Sposato, AICP of Agnoli, Barber & Brundage, Inc., representing Collier County Board of County Commissioners, requesting a rezone from Public (P) to Planned Unit Development (PUD) to be known as the Collier County Government Complex PUD. The project will consist of a maximum of 996,799 square feet of building area for permitted and accessory government center uses. The project is located at 3301 Tamiami Trail East. The project is in Section 12, Township 50 South, Range 25 East, Collier County, Florida, consisting of 55± acres. C. Recommendation to adopt resolutions approving the preliminary assessment as the final assessment rolls and adopting same as the non -ad valorem assessment rolls for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste Districts No. 1 and No. 2, Municipal Service Benefit Units Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance 90 -30, as amended. Revenues are anticipated to be $12,372,800. D. PUDEX - 2004 -AR -5897 Teryl Brzeski, Trustee of the Garret F.X. Revocable Trust, property owner, represented by J. Gary Butler, of Butler Engineering, INC., requesting a two -year extension of the Magnolia Pond Planned Unit Development (PUD), pursuant to LDC Section 2.7.3.4.6, for a 42.05+ acre tract located on Magnolia Drive 1/2 mile west of Collier Boulevard between 1 -75 and the Golden Gate Canal, in Section 34, Township 49 South, Range 26 East Collier County, Florida. E. Recommendation to Approve Amending Ordinance Number 92 -18, as Amended, Relating to the Tourist Development Council, to Delete the Non - Voting Member with Professional Experience in the Promotion and Marketing of Special Events. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING September 21, 2004 (This meeting was continued from the September 14, 2004 BCC meeting a/c Hurricane Ivan) Item 8A continued to October 12, 2004 BCC meeting. PUDZ -03 -AR -3561, Hiwasse, Inc., represented by Robert Duane of Hole Montes, Inc., requesting a rezone from Rural Agricultural (A) to Planned Unit Development (PUD) to be known as the Hiwasse PUD to allow for a professional office, or indoor self storage, or a combination thereof for property located on the west side of Livingston Road, and approximately one - quarter mile south of Pine Ridge Road (CR -896) in Section 13, Township 49S, Range 25E. (Petitioner request.) Item 8F continued indefinitely: PUDZ- 2002 -AR -3411 Carl M. Nagel, managing partner of CDN Properties LLC, and Thomas Craig, Craig Construction and Restoration, Inc., represented by Robert J. Mulhere, AICP, of RWA, Inc., and R. Bruce Anderson of Roetzel and Andress requesting a rezone from Agricultural (A) to Planned Unit Development (PUD) for a project to be known as the Nagel -Craig Business Park PUD to allow a maximum of 417,000 square feet of business park land uses in buildings not to exceed 42 feet in height on 37.5 + /- acres of property located on the west side of Collier Boulevard approximately 1/4 mile north of Vanderbilt Beach Road, in Section 34, Township 48 South, Range 26 East, Collier County, Florida. (Petitioner request.) Add Item 8H: An emergency Ordinance of the Board of County Commissioners of Collier County, Florida, extending the effective date of Ordinance 2004 -41, which recodified the Collier County Land Development Code to October 18, 2004, due to unforeseen circumstances; and providing for an effective date. (Staff request.) Item 9F Withdrawn: Discussion regarding Florida Association of Counties (FAC) Select Medicaid Reform Workgroup. (Commissioner Coletta request.) Add On Item 91: Commissioner request for Board approval for payment to attend function serving a valid public purpose. (Commissioner Henning.) Withdraw Item 12A: Discussion in regards to the City of Naples invoking the Governmental Conflict Resolution regarding the Golden Gate Parkway /Airport Road overpass. (Staff request.) Add On Item 1213: Recommendation that the Board of County Commissioners approve a budget amendment request for purposes of funding the previously approved settlement of the Aquaport cases. (Staff request.) Item 16F1: This item should have noted the following: Summary of Consent and Emergency Agenda Items approved by the County Manager during the Board's scheduled recess. Per Resolution Number 2000 -149, "Approval of this Agreement by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this Agreement shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification of that Board." (Staff request.) Agenda Item No. 4A September 14, 2004 PROCLAMATION Page 1 of 2 WHEREAS, industry in Collier County is vital to the community's economic healt h; and, WHEREAS, Collier County's existing industries are the key to a prosperous f ut ur e; and, WHEREAS, Collier County's industries help sustain our quality of life, exemplify high standards of excellence and a positive, responsible approach to economic diversification and community enhancement; and, WHEREAS, public knowledge of the contributions made by industry is essent i al t o mai nt enance of good communit y- i ndust r y relationships. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that the week of September 20 -24, 2004 be designated as I N DUST RY APPRECI AT ON WEEK and urge all residents to salute our industries and their employees for their contribution to our community. DONE AND ORDERED THI S 14th of September 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLI ER COUNTY, FLORI DA DONNA FI ALA, CHAIRMAN COLLIER COUNTY nw N,.— 117 pr'P.r By .1c %pp—d By gpp— By PROCLAMATION Agenda Item Rio. 4B September 14, 2004 Page 1 of 2 WHEREAS, Florida's greatest resource and most cherished treasures are indeed our youth, who truly have so much to offer.Jocluded in this population are those children with special needs who suffer from childhood cancer and blood - related disease; and, WHEREAS, while the research and treatment of today has extended the lives and made a positive impact upon the life experiences of many of these children, and while the number of long- term survivors is steadily increasing, it is essential we work together as a people and as a State to ensure that this trend continues on the upscale; and, WHEREAS, dedicated organizations like Candlelighters remain deeply committed to expanding the resources and education available to families whose children have cancer or blood-related disease; and, WHEREAS, Florida, proud home to some of the finest medical institutions in the world whose professional staff is presently at the forefront in cancer research and other advances, is pleased to join in recognizing and applauding the valuable role which families of childhood cancer and blood disorder patients play in helping our medical community to reach great heights in the name of caring. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that September, 2004 be designated as CHI LDHOOD CANCER & BLOOD DISORDER AWARENESS MONTH throughout Collier County and do commend this observance to all of our citizens. DONE AND ORDERED THIS 14`' Day of September, 2004 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA --------------- - DONNA FI ALA, CHAIRMAN A TTES T. ------------------ - - - - -- DWI GAIT E. BROCK, CLERK COLLIER COUNTY M-9 D.t. f-3 BY App,.-d By Appl-ld BI P R O C L A M A T I O N Agenda Item No_ 4C September 14, 2004 Page 1 of 2 r WHEREAS, there are currently 4.5 million adult volunteer bone marrow donors registered with the National Marrow Donor Program; and, WHEREAS, hundreds of thousands of Leukemia patients are waiting on a bone marrow transplant as their last hope of survival; and, WHEREAS, a sibling of a patient in need of bone marrow only has a 25 percent chance of matching the patient's tissue type making it difficult for many physicians to successfully provide a bone marrow option for dying Leukemia patients; and, WHEREAS, Emergency Medical Services warehouse specialist Tim Rudzitis registered as a bone marrow donor 10 years ago while serving in the United States Navy; and, ,,,.._ WHEREAS, Georgetown University Medical Center in Washington, D.C. contacted Tim in May of 2004 asking him to donate bone marrow to a 70- year -old man as a potential last chance for the patient; and, WHEREAS, Tim accepted the great responsibility and stress of undergoing the surgical operation to extract bone marrow from his body; and, WHEREAS, since surgery, the bone marrow donor coordinator has informed Tim that the receiving patient's body has accepted the marrow and is believed it could extend the patient's life by 10 to 15 years; and, WHEREAS, Tim has stated that he believes donating his bone marrow is his greatest accomplishment outside of his family. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that Tim Rudzitis be recognized as an Outstanding Member of the Community DONE AND ORDERED TH IS 14th Day of September 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA F I ALA, CHAIRMAN COLLIER COUNTN ttem N.— M—g Dale 9:1 AV Prepared By "p'—d By �pprnerd By Agenda Item No, 4D September 14, 2044 Page 1 of 2 P R O C L A M A T I O N r^ WHEREAS, on August 13, 2004, Hurricane Charley made landfall as a category four storm, affecting much of Southwest Florida; and, WHEREAS, Hurricane Charley has been noted as one of the most destructive natural disasters in the history of the United States of America; and, WHEREAS, two of the areas hardest hit with the least resources were Desoto and Hardee counties, leaving thousands without homes and life's most basic necessities; and, WHEREAS, Ms. Laurie Andrea, Collier County resident, quickly recognized the great need in Hardee and Desoto counties and worked with the help of Major Terry Woods on behalf of the Hendry County Sheriffs Office and Mr. John Martin, Costco Store Manager, to organize volunteers and trucks to move donated supplies to Arcadia and Wauchula to provide disaster relief supplies to the victims of Hurricane Charley; and, WHEREAS, in the first twelve days after the storm they worked together with many companies and many citizen volunteers to pack and deliver ten semi - trucks filled with approximately $500,000 in donated relief supplies; and, WHEREAS, Ms. Andrea, Major Woods, and Mr. Martin have accomplished a Herculean task in a very efficient and focused manner and have donated their time, effort, and money to help our neighbors in need 11 - NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that MS. LAURIE ANDREA, C!tlzen Volunteer MAJOR TERRY WOODS, Hendry County Sheriff's Office MR. JOHN MARTIN, Costco Store Manager be recognized for their selfless, thoughtful, and humanitarian efforts to help those in desperate need in the aftermath of Hurricane Charley. DONE AND ORDERED THIS 141' Day of September 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLL I ER COUNTY, FLOR I DA DONNA F I ALA, CHAIRMAN :.2S'2 2 COLLIER COUNTY BOARD Oz CO'JNTY 'O—SSIONEPS Tl-�ry 111. jl- of bye a Npp—d By App rued By Agenda Item No. 5A September 14, 2004 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to recognize Al Madsen, Coastal Inspector, Public Utilities Division, as "Employee of the Month" for August 2004. OBJECTIVE: To recognize Al Madsen, as "Employee of the Month. CONSIDERATIONS: Al is a long term Collier County employee. He has been employed since 1980 in positions of increasing responsibility. Al has, and maintains a "Nothing is Impossible" attitude. He always has a smile on his face and finds ways to accomplish any responsibility given to him. As the County's Coastal Inspector, Al coordinates exceptionally well with the myriad of County and City agencies he deals with. Most importantly, Al has daily contact with the public and is an outstanding County representative. The County has received many letters from customers commending him on his attitude and the professional way he deals with the public. Al has worked diligently to coordinate with appropriate County officials, and with the Cities of Naples and Marco Island to ensure situations dealing with the beach are handled in an appropriate and satisfactory manner. During the past year, there were higher than usual incidences of Red Tide, and consequently there were more dead fish washing ashore throughout the County. To make it easier for municipal and contractors to respond to clean -up requirements, Al developed a rapport with the Collier County Sheriffs Office and consequently trustees and community service workers were made available to help clean the beaches. Al is always there when extra help is needed. His drive, dedication, good humor and commitment are well known and commendable. FISCAL IMPACT: The "Employee of the Month" selected, receives a $150.00 cash award. Funds for this award are available in the department's budget cost center. RECOMMENDATION: To recognize Al Madsen, Coastal Inspector, as "Employee of the Month" for August 2004. 11- ~��^^ COLLIER COUNTY Oc CC'JS"COM-l"l-E° ^,,~° By ^pp,~~By ^pp~,.~ ^pp~d", AM ^,p-w ^" .=....,'" ^=~d* ~~.^~ Agenda Item No. 6A September 14, 2004 Page 1 of 43 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail • Naples, FL 34112 • 239- 774 -8383 • Fax 239 - 774 -4010 July 27, 2004 Mr. James F. Ciolino P.O. Box 1963 Marco Island, FL 34146 Re: Public Petition Request to Discuss Beach Access Dear Mr. Ciolino: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 14, 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 aeon by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building °F} of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. S' rely, James V. Mudd County Manager JVMfIb cc: David Weigel, County Attorney Marla Ramsey, Interim Public Services Administrator Age7da ltefNo�C6f September 14, 2004 Page 2 of 43 qL Ok2 lAeo V/ -I- RECEIVED COLWN MANAGER OFFICE . v / P/ - G ' C? LeAa JUL - AcnONY .-bkic_ ?�-�NA- JAMES F. CIOLINO Date: August 23, 2004 To: Collier County Board of Commissioners From: Jim Ciolino Re: Marco Island Beach Parking and Beach Access Agenda Item No. 6A September 14, 2004 P. bAW *3 Marco Island, FL 34146 239 - 642 -3295 Enclosed are the results of my three -year investigation pertaining to the Marco Island Beach Parking and Beach Access situation. J. Ciolino Enclosures enda Item No. 6A MARCO ISLAND BEACH PARKING AND BEACH ACCE ptember 14, 2004 Page 4 of 43 James Ciolino -- tel: 239 642 -3295 P. O. Box 1963 - Marco Island, FL 34146 In 1963 Deltona Development Corporation purchased Marco Island from the Collier family for $7,000,000 ($7- Million). Deltona started immediately building two -story low risers on the east side of Collier Boulevard and Seaview Court. The people that purchased those low risers were granted permission to cross over Deltona's property to have access to the public beach. Twenty beach pathways were created by people over a twenty -year period, until Mr. Frank Blanchard illegally fenced them off. In 1989 or 1990, no one knows exactly when, Mr. Frank Blanchard went to the Collier County Commissioners to ask for public beach funding to pay the Army Corps of Engineers to pump up the sand to replenish the beach. Frank Blanchard was turned down. The Collier County Tax Appraisal Office assessed all the people that owned property along the beach a mill tax of 81- cents per thousand. It cost around $5- Million to pay the Army Corps. Mr. Blanchard wanted all the property owners to pay for the cost of replenishing the beach, the property owners that did not live on the beach said "no." So, Mr. Blanchard said if you do not want to help pay for the beach, then you won't use the beach and Mr. Blanchard, who was the President of the Marco Island Resident's Beach Association, joined forces with the Condo Association and the Civic Association and fenced off all the beach pathways that people had used for over twenty years and which were granted by Deltona Development Corp. In 1991 Margery Walker filed a public petition to try and reopen the twenty beach pathways. Her request was turned down after a two -year battle. Fonner Collier County Commissioner Mr. Richard Shanahan said to Mrs. Walker that if she could get three County Commissioners to vote in favor of reopening those twenty pathways that Mr. Shaughnessy would also do so. Mr. Shaughnessy never thought Mrs. Walker would do this, and when she did, Mr. Shaughnessy voted against reopening the beach pathways. Frank Blanchard and the Condo Association and the Civic Association convinced Mr. Shaughnessy to change his vote. Needless to say, Mrs. Walker and two hundred and fifty other people were shocked. And the pathways were kept closed for over fourteen years. In my research I have found out that the only way one can fence off an easement of necessity or an easement by prescription is to file a quit claim deed with the County Government and then go to a County Court ad ask permission from a Judge. And the only way a Judge will grant you permission is if one can prove that the pathways were abandoned. That was not the case. It was been brought to my attention that these twenty beach pathways were fenced off illegally. So there is no reason why these twenty pathways should not be reopened. It was also brought to my attention that the easiest, fastest and least expensive way to reopen these beach pathways would , be to ask the Collier County Board of Commissioners to ask Assistant County Attorney Mr. Thomas P. Palmer to file a Writ of Mandamios and a declaratory judgment with the Collier �Ag enda Item No. 5A MARCO ISLAND BEACH PARKING AND BEACH ACCE9p'tember 14, 2004 Page 5 of 43 James Ciolino — tel: 239 642 -3295 P. O. Box 1963 - Marco Island, FL 34146 County Civil Courts. The Judge would then send a court order to the Marco Island City Government to reopen the beach pathways, and if the City of Marco Island does not comply with this court order, the City of Marco Island government will be held in Contempt of Court. It was also brought to my attention that there is an alternative, which is I can hire a private attorney preferably one from Miami so there will be no conflict of interest and the case will be taken to the Florida Supreme Court again to avoid any conflict of interest and all the people that were involved would be subpoenaed into court, going all the way back to 1972. The trial would last for months and the cost the taxpayers of Collier County millions of dollars rather than a couple of hundred. And by doing that, we will convert this fourteen -year problem from a political issue to a legal issue and hopefully this will resolve this problem. In 1972 a well -known architect on Marco Island by the name of Mr. Herbert Savage, who at that time worked for Deltona Corporation had a vision to put additional beach parking lots along Collier Boulevard and Seaview Court while we still had the property to do so. Deltona Corporation agreed. He took his idea to the Collier County Board of Commissioners and they also agreed. Four years later, County Ordinance No. 76 -20 was born for the purpose of installing ten one - hundred -foot wide beach parking lots with showers, bathrooms, and shelter, on the west side of Collier Boulevard and Seaview Court, and other locations on Marco Island. (Refer to Map) In 1973 Deltona appointed the Marco Island Civic Association as custodian of the Marco Island Resident's Beach Parking Lot. In 1975 Deltona deeded this parking lot to MICA with the agreement that the lot will be used by all local property owners on Marco Island and Marco Shores, and that MICA would only charge the amount they needed to maintain this parking lot. When MICA found out that Collier county was going to put in four additional parking Iots on the west side of Collier Boulevard and one more on the west side of Seaview Court, MICA used their political clout to stop the County from doing this, for the sole purpose of eliminating competition and to create a monopoly on beach parking. MICA had enough trouble gathering enough revenue to maintain this parking lot without competition from Collier County. If MICA failed to maintain this parking lot properly it would revert back to Deltona Corporation. The Collier County Commissioners should have said too bad about MICA and thought about the residents of Marco Island. But the County did not care about the residents, they only cared about their own political careers. In 1980 the County made up a fictitious story that T igertail Beach was donated to take the place of County Ordinance No. 76 -20. And the reason that I say it was fictitious is that Tigertail Beach was donated to Collier County by Deltona Corporation in 1968. Twelve years before this ordinance was brought up for discussion by the County and also there is a county law that Agenda Item No. 6A MARCO ISLAND BEACH PARKING AND BEACH ACCESSptember 14, 2004 Page 6 of 43 James Ciolino -- tel: 239 642 -3295 P. O. Box 1963 - Marco Island. FL 34146 prohibits anyone from donating a piece of property twice, and that country ordinance No. 76 -20 is still active. According to Mr. Thomas P. Palmer, Assistant County Attorney, this is what is called illusory and County Ordinance No. 76 -20 was never vacated by a Judge. By helping MICA, the County Government denied the people of Marco Island convenient beach parking forever. There is no way to reverse this wrong doing, and the Collier County Goverment could have also violated their original agreement with Deltona Corporation and this property known as Tigertail Beach might have to be returned to Deltona ad that also holds true to the Resident's Beach Parking Lot, also was not donated to take the place of County Ordinance No.76 -20. It was all an illusion. In 1992 a developer by the name of Jack Antaramian deeded a piece of property to Marco Island to be used as a monument and park for Mr. Gene Sarazen. Mr. Hang Cowin, former President of MICA, took a piece of this property and donated it to MICA to be used as a parking lot. It is very possible that this transaction was illegal. In 2001 the City Council of Marco Island voted unanimously, 7 -0, to accept a fifteen - foot -wide pathway from Mass Mutual so that the people that live in that area can have an easy way to get on the beach without trespassing on Mass Mutual's property. In 2003 Mr. Glenn Tucker made a motion at the City Council's meeting to turn this pathway over to MICA. City Council Member Terri DiScuillo asked our City Attorney to look into this to see if it was legal, the city Attorney said it was not, so Mr. Tucker went into a fit of temper and started ranting and raving and convinced four other members of the City Council to vote to put this pathway on the back shelf for the next ten years. This is the same thing that the County Government did with County Ordinance No. 76 -20 and both cases are illegal. In my investigation I have discovered that there were four separate incidents pertaining to beach parking and beach pathways involving MICA, and all of them illegal. That is an indication to me that MICA is involved in illegal behavior and that can be translated into being a corrupt organization If I had my way, I would remove MICA from this beach parking lot property and turn the property over to the City of Marco Island and remove MICA from Marco Island altogether. This organization MICA has had a strangle hold on this Island for the past thirty years, and it is time for them to go. In closing, I would like to say that it was brought to my attention by someone that knows more about the law than I ever will that if the Collier County officials would have stopped Mr. Frank Blanchard, the Condo Association and the Civic Association from doing what they did and if the Collier County officials had done what they were elected to do, all this could have been eliminated and the residents of Marco Island could have been enjoying the additional beach parking lots and all the pathways that were fenced off illegally. A enda item No. 6A MARCO ISLAND BEACH PARKING AND BEACH ACCEQptember 14, 2004 Page 7 of 43 James Ciolino -- tel: 239 642 -3295 P. O. Box 1963 - Marco Island, FL 34146 Enclosed are copies of letters from State Departments and a list of all the people and county and city officials that played a part in this charade, plus a copy of County Ordinance no. 76 -20. It was also brought to my attention by the Department of Executive Investigation that if a public official knows of any crimes or any illegal or unethical behavior going on and that public official does nothing to stop it or reports it to the proper authorities, that public official could be found to have committed a felony. The County Officials of 1980 (Jim ? ? ? ?) and 1990 created this problem for the people of Marco Island, and it would be appropriate for the present County officials to undo this wrong. Enclosures 1980-1981 1990 -1991 Donald A. Pickworth, Collier County Attorney Commissioner Wenzel Commissioner Wimer Commissioner Brown Commissioner Pistor Commissioner Kruse Burt L. Saunders, Assistant Collier County Attorney Frank Blanchard, M.I.R.B.A. David C. Weigel, Esq., Assistant County Attorney Richard S. Shanahan, County Commissioner Kenneth B. Cuyler, Esq., County Attorney Burt L. Saunders, County Commissioner M. Hasse, County Commissioner A. Goodnight, County Commissioner Dudley Goodlette, County Commissioner Dennis Cronin, Assistant County Attorney Ag' nda Item No. 6A September 14, 2004 Page 8 of 43 COLLIER COUNTY DAVID G WEIGEL ' OR1D COLLIER COUNTY ATTORNEY 3301 Torniorni Trail East Heidi F. Ashton Naples, Florida 34112 -4902 en T. (hadwell Rlami o Monolich Telephone: (941) 774.8400 William E. Mouniford FAX: (941) 774 -0225 Thomas C. Palmer Michael W. Pettit Jacqueline Hubbard Robinson Moriorie M. Student Potrick G. While June 24, 2002 Robert N. iochory Mr. Jim Ciolino Post Office Box 1963 Marco Island, Florida 34146 Re: Ordinance No. 76 -20; Public Access to Public Beaches Dear Mr. Ciolino: I enclose a copy of Collier County Ordinance No. 76 -20, including two exhibits noted at the top of "Page Five of Seven." If you have any questions, feel free to contact me at 774 -8400. Sincerely, o Thomas P. Palmer Assistant County Attorney TCP /kn enclosure cc: David C. Weigel, County Attorney Agenda Item Nq O•yl! '7492 4 RDI wia No. 76-20 � C 649 uA476 AN ORDIIANCE RELATING TO PUBLIC ACCESS TO PUBLIC BEACHES; DECLARINr All INTENT AND PROVIDING DEFINITIONS; PROVIDING PHYSICAL REQUIREMENTS FOR PUBLIC ACCESS PROVIDING A PROCEDURE FOR, AND METHODS 01 PROVIDING LAIM FOR PUBLIC BEACH ACCESS AIM SUPPORT FACILITIES; PROVIDING THAT NO FINAL PLAT, P.U.D., OR DEVELOPMENT PLANS SHALL BE APPROVED NOR BUILDING PERMIT ISSUED UNTIL _ ARRANGEMENTS FOR PROVISIONS OF BEACH ACCESS HAVE BEEN MADE, OR UNTIL ALL CON - ° ~ �s� DEMNATION PROCEEDIUGS OR PURCHASE IiEGO- �,� . a! TIATIONS HAVE BEE'_l CONCLUDED; PROVIDING W o r "".2 FACILITIES;NADOPTING IA PUBLIC ACCESS PORT COMPREHENSIVE MAP, PROVIDING FOR WAIVER r,,, •+oW OF REQUIREI4ENTS, PROVIDING A MEANS BY WHICH �� DEVELOPERS OF REACHFRONT PROPERTY MAY TRANS - i FER THE DEVELOPMENT RIGHTS OF LANDS CONVEYED o .30 TO THE COUNTY TO CONTIGUOUS LANDS; PROVIDING PENALTIES FOR VIOLATION, EFFECTIVE DATE AND SEVERABILITY. WHEREAS, the public beaches are lands vested in the public domain, and. MIEREAS, the citizens of Collier County have the right- ful use of such public beaches. and WHEREAS, the citizens of Collier County maintain and support the public beeches through their ad valorem taxes,: and WHEREAS, the denial of public access to such public beaches would constitute a denial of the use and benefit of such public beaches, and, 14HEREAS, the Board of County Commissioners doom it essential to the public health, safety, and welfare that any citizen of Collier County has the right of access to the use of such public beaches, HOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COU19'12 COnJISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONEi SNORT TITLE. r: THIS ORDINANCE SHALL BE KNOWN AS AND MAY BE CIT sJS ..rte THE PUBLIC BEACH ACCESS ORDINANCE. � T N SECTION TWOt INTENT. �~ I 1. In order to maintain peace and order, prov.& emergency ingress and egress, and provide the public Not 4 349 w DAP /d 4/30/76 Page One of Sevaa ,.,: -, ;.,• ?.,.w ti Agenda item No. 6A S age' :6.0 .#, access to the use, enjoyment and appreciation of the natural resource amanities of the beaches of Collier County, and to develop and use the beach resources to the greatest benefit ^ of the health and welfare of the citizens of Collier County, it is hereby declared to be the legislative intent of this Ordinance to provide a means and procedure for insuring that 1pb adequate public access is provided and maintained, that access is maintained in such a manner as to preserve or enhance existing natural features. It is further the intent of the Board of County Commissioners to provide and implement funds and funding programs to insure the development, maintenance and upkeep of areas acquired pursuant to this Ordinance. The preface and provisions of this Ordinance, being remedial of nature, are to be liberally construed to effectuate its purpose in the interest of the public health, safety and welfare of the citizens of Collier County and the State of Florida. SECTION THREE: DEFINITIONS. For the purpose of this Ordinance, the following defini- tions shall applyi 1. Blocked public access shall mean the development of land with structures and /or improvements or any other barrier which denies public access to public beaches at intervals of 2640 feet as prescribed in this Ordinance. 2. Blocked support facilities shall mean the development of land with structures and /or improvements or any other barrier which denies the public of the required support facilities which are necessary for the use and enjoyment of the public beaches. 3. Contiguous land shall mean any land abutting land conveyed to the County as required in this Ordinance.or any land which is located within one half mile (2640 feet) of the land conveyed to the County as permitted in Section Four, Para. 7 of this Ordinance. 4. Intervening land shall mean any land which is located between a public beach and a landward point of public ace-ass- ecoK . 4 ract0 DAP /d 4/30/76.;. ,': {�r�;r� :.: Page Wo of 8 awn Agenda Item Rio. 6A rPa94 -r(0'43 through which land an existing or potential pubpplFFinaccess // rypp passes. Hi 649 tn' 447p 5. Public Accas■ shall mean existing access to a public / beach from any road, street, easement, or any other way which the public has*a right to use. 6. Public Access, Potential, shall mean any access to a public beach which is not existent at the time of passage of this Ordinance but which is required under Section Four of this Ordinance and designated on Exhibit 1. 7. Public beach shall mean any water area along the Gulf of Mexico along with its upland lands which have been dedicated to the public or in which the public has a right to their use by easement, prescriptive right. customary use,' State or Federal ownership, or as a result of any other act, law or instrument through which the public has a prescribed i or implied right to their use. S. Support Facilities shall mean but not be limited to shelters, toilets, offstreat parking or any other required facility which is complementary to the public access and which is necessary for the use and enjoyment of the public beach it serves. SECTION FOURi APPROVAL OF DEVELOP11ENT PL1NSt ISSUANCE OF BUILDING PEPIaTS. L 1. Prior to the granting of the final approval for a J� subdivision, Planned Unit Development (PUD), or the issuance of a building permit for any lands which are adjacent to or contiguous with public beaches and which lands have the poten- tial of blocking public access and /or potential public access and support. facilities as defined heroin, the subdivider or applicant, as owner or agent of subject property shall arrange with the County to provide land- for public access and support facilities as determined and required in this Ordinance. 2. Physical Requirements of Public Access. A. Maximum Separation. :.. The maximum separation from one :'point of public access to the next point of publie access shall not be greater than.one halt . (2640 feet); mile.. S BOOK -' 4 �� 351 DAP /d 4/30/76 �'t�1jjtib c., ,•;, :: Page Three of. Saysn rl'' +�� Iy.:).;5: ` �•'..: •y; �n :.,, :[ j _vJY;°!'�4.f��1 .'fR.�'r'!� .. .. - _` •1.►,. A.ki.� fW Agenda Item No. 6A B. Minimum width'. REL 619 JrAcE1479 Tho minimum width of any public access shall be one hundred (100) feet. C. Minimum Yard Requirements: j< The minimum depth of yards which abut an existing or potential public access shall be the same distance as required in the A. zoning district resulations depending on whether such yard is a front, side, rear ." or corner lot. 3i 3. Method of Providing Land for Public Access and Support Facilities. i" Land for Public Access and Support Facilities may be provided by dead, public easement, dedication or. any other method which guarantees such public access in perpetuity and approved by the County. 4. In the event the owner of lands required for public access and support facilities as required by this Ordinance refuses to convey theta to the County. and it becomes necessary to condemn said lands, no County i permit shall be issued for the improvement or development of the subject land until the later of the conclusion, including expiration of all appeal and /or re- hearing periods, of said condemnation proceedings. or the conveyance or transfer of said lands to the County pursuant to negotia- tions for lease, purchaea,,or dedication. ,j- S. Location of each Public Access and Support Facility. The location of each Public Access and Support Facility will be predicated on the growth needs as wall as the location and utilization of all existing points of public access and support facilities in a manner which will not duplicate or con- flict with an existing public access and support facility a;. while permitting a comprehensive coverage of Collier'Couinty. `2 i' with adequately located public access to tha public beaches. ;,�.. 6. Adoption of Public Access Comprehensive Map.- In order to establish a comprehensive plan for the J. • .•.' eventual acquisition or development of adequate public access >1r and support facilities, thm Board of County Comassionars!', °: -' c._•�� DAP /d :,4/30176 ;�;;, +• t • "j��' ;Pa =si*Four o!' Bavena 7V' t. ► ft.. :.` s+' T' ri:3r�7r;9�l,Kj��'�it��t�,4r'- � ' ... :}•.'..... .�:t... :1.� . Agenda Item N hereby adopts Exhibit 1, sheets i.thru 22 and Exhibit.2, Pages 1 and 2 as part of this Ordinance. I('t 649 w4480 The location, acquisition and development of all public access and support facilities shall be guided by Exhibit 1 and Exhibit 2 and the only deviation from said exhibits shall be as provided in SECTIOV FOUR, Paragraph 7 of this Ordinance. 7. Waiver from Requirements of this Ordinance. A. Even though the Board of County Comanissioners have determined that public access and support facilities shall be provided at maximum intervals of one -half mile (2640 feet) as indicated in Exhibit I and Exhibit 29 such distance may be !hartimed or lengthened by the Board of County Commissioners in order to take into account the availability of suitable land for such need, the physical geography of the land, the location of Waters, roads, railroads, or other barrier features which may require the extension or contraction of the distance between points of public access the representation relative to beach access on Exhibit 1, Pages 1 through 22, notwithstanding. B. In the event that more than one public access and su000rt facility is required of any one dewy r or owner, the Board of County Commissioners is hereby empowered to waive the one half mile (2640 feet) maximum distance requirement of said public access(*&) and facility(iss) and require in lieu thereof that such public access(es) and support facilities be provided in the aggro a a in a specified location(s) rather than in separate locations as required in this Ordinance. Y C. In order to carry out the intent and objectives o: of this Ordinance, the Board of County Commissioners are :. �. hereby empowered to waivs.ths requirements of this s' Ordinance to the extent that the literal enforcement of this Ordinance will create an unduly iewre hardship on the applicant for a final approval of a subdivision . plat, M, or building permit to the extent that the. intont and objectives of'thie Ordiinccance.will be fulfilled..; DAP(d 4/30/76 "' :t:, ;: ': `• ,,.. r Page five of 8 awn' r •` r• Agenda item Nc S. Transfer of Development Rights. 1C 649 rACE148V tilhsrs the developer has voluntarily conveyed beach access lands to the County, the Board of County Commissioner* may authoriza the transfer of development rights for lands which are conveyed to the County for public access and support facilities to lands contiguous to lands so conveyed. Said transfer may be made on that basis of whichever of tha follow- ing three options, as expressed by the following formulae, permits the greater number of dwelling units a) Number of dwelling units which - Number of dwelling units may be transferred per acre on contiguous land under existing zoning classification ar o acres convaya b) Number of dwelling units which Number of dwalliag units may be transferred par acre as established y the Official Land Use Guide ' IMMer of acres conveys Note: Where number of dwelling units which may be transferred equals a fractional number, if the fraction equals more than .5. number of dwelling units to be transferred will be increased to the next higher whole number. If number I, of dwelling units which may be transferred equals .5 or less, number of dwelling units which may be transferred will be decreased to the next lower whole number.' c) A transfer of one dwelling unit per acre or portion of an acre conveyed. Notwithstanding the above, the Board of County Commissioners . shall have the authority to authorize the transfer of a lesser number of development rights where it finds that the transfer of -c a greater number would be contrary to the public interest. SECTION FIVEr PENALTIES FOR VIOLATIONS RESORT TO OTHER REMEDIES..' 4_ �i . violation of the provisions of this Ordinance or. failure e .t to comply with any of its requirements shall constitute a mis- demeanor.. Any parson or firm who violates this Ordinance or i fails to comply with any of its'requiremants shall upon con- vietion thereof be fined, or imprisoned,. or both, as'provided pp^^��,, a N� is!yi%YC;�;� '� C CC 4 • 354 � ' ..i �•1�.�'Y r .. h . Yc �►Y.. DAP /d.1 /19 /•7.b'?. *ZC"?".*.4 s+'';i•:• .. - Ptgt'Bi7e';71f $even ,. .� I VC, * Agenda Item No. 6A .4. 649 A'A482 by law. Each day such violation continues shall bi considered a separate offense. Any other person who commits, participates in, assists in. or maintains such violation may each be found guilty of a separate offense and suf far the penalties herein provided. Nothing heroin contained shall prevent the County from taking such other lawful action, including. but not limited to, resort to equitable action as is necessary to prevent or remedy any violation. SECTION SIXt EFFECTM DATE OF ORDINANCE. This Ordinance shall take affect imadiat*ly upon receipt of acknowledgement that this Ordinance has been filed with the Office of the Secretary of State of the State- of Florida. SECTION SE M i SEVERABILITY. It is the intention of the County Commission that•each separate provision of this Ordinance shall be deemed inde- pendent ,of all other provisions heroin. and it is further the intention of the County Commission that if any provisions of this Ordinance be declared to be invalid, all other provisions thereof shall remain valid and enforceable. PASSED AND DULY ADOPTED BY THE Board of County Commissioners - of Collier County, Florida, this 27th day of April, 1976. ''40 ST: .T T. SCOTT Cl BOARD OF COUNTY CMMSSIONERS qck.,-COLL FLORIDA By 1. MA, Y, 04 A Chairman • ARpyovad as to form: na.Ld A. Ylckworth Collier County Attorney l i6' :! I ..' .1i rill - DAP/d :4/3017C''4' ... 1V .4.1a. ... I-Pate ft H eflCld ITem IVO. bA .A . .. •.); •i r•;: :1 ' • :'.�Iti.If��FJ..•LIA�' \' . t ...{ p,.Y: ' !` .. �G4e Ili 649 w4506 $1- 25 -14A Ross M. Parrack of ux 3675 Kelly Rd., Naples - Lot 9 A. Hernly Boyd of ux 800 E. Delaware St., Cambridge City, IN - Lot 10 14D Joseph C. Diedrick Oak Lodge RR4. Nest Send, NI Lot 34 George M. Kingsnorth 171S Danford St., Naples, Lot 35 23A Hamarest Inc. c/o Harry T. Sauer, Treasurer 601 15 Ave. 9. Naples, Lot 3.3. 23A Cordelia Scaife May P. 0. Sox 1345, Pittsburgh, PA 15230 - Lot 3.2 24A George L. Mendez Jr. 5101 EN 75 St.; S. Miami Fla. at ux 33143 - Lot 9.3 25A Batty Lou H. Smith 4308 Club Dr., NE, Atlanta, GA . 259 51- 26 -30A Hammi.11 i Crayton Lot 18 - Neapolitan Enterprisef 4001 Carew Tower, Cincinnati, ON 31A Edwin A. Jones c/o beach Club Hotel, Naples Lots 20, 23 Marco - 1 Three L. Inc. 2660 Airport Rd, Naples 2 Daltona Corporation 3 • 4 " 5 " 6 • 7 • 9 " . 10 • ,52- 26 -29A Trustees 29B&C " 32A 33A " 338 " 53 -26 -4A J. Fred Abramson 691 15th Ave. S., Naples 9A James Carr P. O. Sox 66, Naples 10A Douglas Bathey.et ux 4000 Gordon Dr., Naples 108 Collier Development Corp. EXHIBIT 2 page 2 of 2 pages `�...r....,..f... PAU :. "Assam 9. Item No. 6A •, .•^ .f '. .}. :....,i: . �, �. �ytsi[ r' i +Jl.lbt�� "iy�i�c�•.:,:••�.;.;Z. �'_� ;e �t-•�i��'•�!` '•' ; . � (.i.,�. •. w'��••�'p Nom• is •9. �a N, elk s -to RAW ell Wier 14 • r• i r � �� • MA ;T s VJ1'�Rr �'� ••\ `' • T` `' ` • JL. \ ,` f scat 4 na374 RXIHIT 1•• Shoot I9 of 22 yam., .• ... J.{ �, �r ,� � tom.; S f '+i: �'� ANI see 17 • � ' h:. � � ttc hIGE1J�O r• � ,� , , � • w v�•f ►is' ,• j 1 ti* �`• � 111./i .A xn ✓IfL II.i \ rte. l f MAa�, = ..! .. vale,,. /� ,S1 MANOo 10 , fir` ••. KOK 4 pact 375 sh EXHIBIT „ifts ... •..,: '�••: ana�arXg�y its is -o Agenda Item No. 6A September 14, 2004 Florida Sale�per�on State Exam Courr,e Offering... Salesperson / Broker Pre -and Post - Licensing, State Exam Prep Course Real Estate Continuing Education /Appraisal /Appraisal Continuing Education, CAM Pre - Licensing, Mortgage Broker and Home Inspection We prepare you for more than a State Exam ... We prepare you for a Career! Locations... Brandon, Fort Myers, Fort Walton Beach, Lakeland,. Naples, Palm Harbor, Panama City, Pensacola, Port Charlotte, Sarasota, Tampa www.edklopfer.com CORPORATE OFFICE: 4068 CATTLEMEN RD. SARASOTA, FL 34233 FAX: 941 - 379 -4566 PHONE: 941- 379 -2378 OR 1- 800 - 370 -1570 September 14, 2004 Page 20 of 43 Salesperson's State Examination Prep Course =, 2. Escheat is the right of the state to obtain title to real estate when a person dies intestate and no legal heirs can be located 3. Taxation is the right of government to raise money to pay the cost of government services by imposing ad valorem taxes on property 4. Police power is the right of government to regulate the use of an owner's property. Examples of the exercise of police power include zoning, and health and building codes B. Private restrictions: • Easements are a right to use, but do not convey ownership of, a portion of •-- another person's land for some particular purpose r • An easement can be removed by use of a quit claim deed, or by abandonment • An easement appurtenant is a right that attaches to the land and passes from -, owner to owner. The right includes at least two parcels, one of which is called is the dominant (superior) estate, and one which called the servient (inferior) ._ estate • An easement by necessity is an example of an easement appurtenant. An easement by necessity is created when a landowner sells a parcel of landlocked property. The purchaser is gains a legal right of ingress and egress .- -, over the seller's land. This right can be enforced in court if necessary. The buyer's rights are superior to the seller's and is the dominant estate. The r" seller's rights are the servient estate which are subordinate, or inferior, to the buyer's .-- ._ • An easement in gross is a personal right which extends for the life of the r, easement holder, but does not p ass from owner to owner. If granted to a real person, the right dies when the person dies. If granted to a corporation which may be formed in perpetuity, it may last virtually forever. Utility easements r- .. are examples of easements in gross r • An easement by prescription is an interest in land created by the open and r� continuous use of a portion of another person's property for 20 or more years, with or without the owner's permission, It is usually associated with crossing over someone's property to get to another property, such as a walkway to a beach r --, 1W • Encroachments are an unauthorized physical intrusion into a property, such as ^_j a fence built over a property line.. Encroachments can only be discovered by a current, up -to -date survey -:� . • Deed restrictions are limitations on the use of a property. Most deed restrictions are created by builders when a parcel of land is being developed. W Deed restrictions cannot be enforced by the government since they are a ., private restriction. Enforcement can only be accomplished by those persons affected by the restrictions. Violators would have to be sued in a civil action --, in court. Deed restrictions may not be enforceable if a court feels the r restriction has been abandoned over time. Restrictions that violate state or r� federal law, such as those dealing with race, color, religion, sex, or nationality are not enforceable n��r� K J�f tr ry J F J j � v ,'.. 2. Unauthorized Compensation Public officers or employees, local government attorneys, and their spouses and minor children are prohibited from accepting any compensation, pay- ment, or thing of value when they know, or with the exercise of reasonable care should know, that it is given to influence a vote or other official ac- tion. [Sec. 112.313(4), Fla. Stat.] 3. Misuse of Public Position Public officers and employees, and local gov- ernment attorneys are prohibited from corruptly using or attempting to use their official positions to obtain a special privilege for themselves or oth- ers. [Sec. 112.313(6), Fla. Stat.] 4. Disclosure or Use of Certain Information Public officers and employees, and local government attorneys are prohibited from disclos- ing or using information not available to the public and obtained by reason of their public positions for the personal benefit of themselves or others. [Sec. 112.313(8), Fla. Stat.] 5. Solicitation or Acceptance of Honoraria A person required to file financial disclosure FORM 1 or FORM 6 (see part III F of this bro- chure), as well as a procurement employee for the State, is prohibited from soliciting an hono- rarium which is related to his or her public office or duties. [Section 112.3149, Fla. Stat.] A person required to file FORM 1 or FORM 6, as well as a State procurement employee, is prohibited from knowingly accepting an hono- rarium from a political committee, committee of continuous existence, lobbyist who has lobbied the person's agency within the past 12 months, or the partner, firm, employer, or principal of such a lobbyist. However, he or she may accept the pay- ment of expenses related to an honorarium event from such individuals or entities, provided that the expenses are disclosed. See part III F of this bro- chure. [Section 112.3149, Fla. Stat.] Lobbyists and their partners, firms, employers, and principals, as well as political committees and committees of continuous existence, are prohibited 4 from giving an honorarium to persons required to file FORM 1 or FORM 6 and to State procurement [ employees. Violations of this law may result in €' fines of up to $5,000 and prohibitions against lob- t bying for up to two years. [Section 112.3149, Fla. [ Stat.] 1. B. PROHIBITED EMPLOYMENT AND BUSINESS RELATIONSHIPS f- 1. Doing Business With One's Agency s. (a) A public employee acting as a purchas- ing agent, or public officer acting in an official capacity, is prohibited from purchasing, renting, or leasing any realty, goods, or services for his or her agency from a business entity in which the of- ficer or employee, his or her spouse, or child own more than a 5% interest. [Sec. 112.313(3), Fla. Stat.] (b) A public officer or employee, acting in a private capacity, also is prohibited from renting, leasing, or selling any realty, goods, or services to his or her own agency if the officer or employ- ee is a state officer or employee, or, if he or she is an officer or employee of a political subdivision, to that subdivision or any of its agencies. [Sec. 112.313(3), Fla. Stat.] 2. Conflicting Employment or Contractual Relationship (a) A public officer or employee is prohibited from holding any employment or contract with any business entity or agency regulated by or do- ing business with his or her public agency. [Sec. 112.313(7), Fla. Stat.] (b) A public officer or employee also is pro- hibited from holding any employment or having a contractual relationship which will pose a fre- quently recurring conflict between private inter- ests and public duties or which will impede the full and faithful discharge of public duties. [Sec. 112.313(7), Fla. Stat.] E r f J i• '� .. - e�y M r r A I i t ;f is i� is t - F ID 11 = E Florida Department of Law Enforcement Guy M. Tunnell Commissioner June 30, 2004 James F. Ciolino PO Box 1963 Marco Island, FL 34146 RE: FDLE File EI -73 -5185 -216 Dear Mr. Ciolino: Office of Executive Investigations Agenda Item No. 6A September 14, 2004 Page 22 of 43 Post Office Box 1489 Tallahassee, Florida 32302 -1489 (850) 410 -8240 www.fdle.state.fl.us Your letter dated June 8, 2004, wherein you complained of misconduct by Marco Island City Officials, has been reviewed by this office. We have determined that the subject matter of your allegation does not fall within the purview of FDLE. There does not appear to be a criminal predicate which would warrant investigation by the Office of Executive Investigations. The subject matter of your complaint may involve judicial or civil issues that necessitate you seeking legal counsel and/or advice. Such issues must be addressed in the courts, not by FDLE. Should you have further questions concerning our review, please feel free to contact Inspector John Stevens at (850) 410 -8240. Sincerely, Guy M. Tunnell Commissioner Richard E. Lober, Chief Inspector Executive Investigations REUjrs Committed to Servke • Integrity • Respect • Quality THE DELTONA CORPORATION EARLS D. CORTRIGHT. JR. President and Chief Operating Officer May 24, 1994 Joseph P. Coriaci, President MARCO ISLAND CIVIC ASSOCIATION, INC. P O. Box 712 Marco Island, Ft. 33969 -0712 Dear Mr. Coriaci: Agenda Item No. 6A September 14, 2004 Page 23 of 43 This letter is written in response to the recent developments regarding the plans of the Marco Island Civic Association MCA) to raise the annual lease fee for the Residents' Beach currently under lease by the Marco Island Beach Association, Inc.(MTBA). Prior to the conveyance of the 14.40 acres in July of 1975, and as a conditioned requirement precedent to the gratuitous conveyance of the site to MICA, Deltona participated in numerous meetings with various interest groups, as well as representatives of Collier County in order to gain confident assurance that there would be adequate funding for the perpetual operation and maintenance of the Residents' Beach for the direct benefit of the residents of Marco Island. Ultimately, this evolved to the creation of the MMA, which established an entity by which the facility would be operated as a "not for profit" enterprise, with membership dues paid by its subscribing members being used to efray the admin strative and maintenance cost to operate the facility in accordance with the restrictive covenant contained in the 1975 Deltona deed of conveyance to MICA. It was then and continues to be the intent of Deltona that membership dues collected in connection with the Residents' Beach should be solely for the use and benefit of the purposes for which it was intended and not as a means by which funding could be made to serve interest unrelated to the Residents' Beach.. We trust our position on this matter is clear and remain available should you have any questions. Kind regards, Earle D Cortright, Jr Executive Offices 3250 S W 3rd Avenue. Miami. Florida 33129 305.854.1111 800-333-5866 Fox 306 856 9475 SENATOR BURT L. SAUNDERS 25th District THE FLORIDA SENATE Tallahassee, Florida 32399 -1100 September 11, 2002 Terri DiSciullo, Councilwoman City of Marco Island 50 Bald Eagle Drive Marco Island, FL 34145 Dear Ms. DiSciullo: Agenda Item No. 6A September 14, 2004 Page 24 of 43 COMMITTEES: Health. Aging and Long -Tenn Care. Chairman Appropriations - Subcommittee on Health and Human Services Children and Families Commerce and Economic Opportunities Reapportionment - Subcommittee on Legislative Apportionment and Redistricting Rules and Calendar SELECT COMMITTEE: Public Security and Crisis Management GiTY Gf r!(M00 icLAWC SEP 16 2OP-2 rl ID Thank you for taking the time to share your thoughts with me regarding the problems you and your constituents have encountered related to public beach access in Collier County. Unfortunately, as a state senator, I have no jurisdiction over local and county zoning issues. However, I would suggest you contact the county attorney and managers office to discuss this matter. For my work as your state senator to be as effective and reflective as possible, you input is very important. If my office can be of additional assistance to you, please do not hesitate to contact me. Very truly yours, Burt L. Saunders State Senator, District 25 REPLY TO: D 1039 SE 9th Piece, Suite 120, Cape Coral, Florida 3399D,3095 (941) 338.2777 O 3301 East Tamiami Trail, Administration Building, Suite 304, Naples, Florida 34112 (941) 417.6220 D 322 Senate Office Building, 404 South Monroe Street, Tallahassee, Florida 32399.1100 (850) 487 -5124 Legislature's Websile: hftpJAvww.ieg.stare.#.us JOHN M. MCKAY GINNY BROWN -WAITE FAYE W. BLANTON DONALD SEVERANCE President President Pro Tempore Secretary Sergeant at Arms Agenda Item No. 6A v Se , tembe' 14 2004 Page .,.a of 43 Cify ®f Mara® �s �n� September 5, 2002 Senator Burt L. Saunders 3301 East Tamiami Trail Administration Building Suite 304 Naples, FL 34112 Dear Senator Saunders, I would like to begin by thanking you for congratulating me on being elected to the Marco Island City Council. As a new Councilor, I have been entrusted with the responsibility to research and understand many issues facing our island community. One issue of importance to many of our residents is public beach access. Attached to my letter is a letter from one of our residents, Mr. Jim Ciolino. His letter and attachments contain the chronological order of events as they pertain to public access to our beaches here on Marco Island. I would appreciate any help you can give Mr. Ciolino and our residents in clarifying Collier County Ordinance #76-20 ratified on May 7, 1976 and the series of events that occurred thereafter. If you need any further information, please feel free to call me at 239 - 3949357. Sincerely, Terri DiSciullo Councilwoman 50 Bald wale Drive, M.,,co Island, Florida 34145 (9 91) 359 -5000 1,-AX (941) 359 --1359 off= ate CHARLIE CRIST Attorney General State of Florida April 30, 2004 Agenda Item No. 6A September 14, 2004 OFFICE OF THE ATTORNEY GENERATPe 26 of 43 Mr. James F. Ciolino Post Office Box 1963 Marco Island, Florida 34146 Dear Mr. Ciolino: THE CAPITOL TALLAHASSEE, FLORIDA 32399 -1050 Attorney General Charlie Crist's Office is in receipt of your correspondence regarding the Collier County Government. After reviewing your letter, we regret to inform you that the Attorney General's Office does not have jurisdiction in this matter. It appears this matter is of a local nature and should be resolved at the local level. By law, this office acts as the attorney for the State of Florida and its agencies. We are precluded by law from providing legal advice or opinions to private individuals. We can only suggest that you continue working with the Charlotte County Commissioners to resolve this issue. We hope you will understand this office's duties are prescribed by law. Thank you for taking the time to share your concerns with the Attorney General. Sincerely, OFFICE OF CITIZEN SERVICES Florida Attorney General's Office OCS /ds AN AFFIRMATNP AC,TIONMOIIAU OPPORTJ1NRY EMPLOYER ® Agenda Item Rio. 6A OFFICE OF THE ATTORNEY GENERALeptember 14, <40111N) THE CAPITOL TALLAHASSEE, FLORIDA 32399 -1050 CHARLIE CRIST Atiorne), Cenerat Stale of Florida May 21, 2004 Mr. James F. Ciolino Post Office Box 1963 Marco Island, Florida 34146 Dear Mr. Ciolino: I have asked members of my staff to look into the issues you have brought to our attention regarding beach access on Marco Island. Based on this research, we have concluded that this office lacks jurisdiction to take any action in furtherance of your claims. In general, while Florida law suggests that there is a right to lateral access to the white sand portions of Florida beaches based on the so called "customary use" doctrine, there does not appear to be any right to perpendicular access across private land to the beach. While limiting public access to the beach by permitting development blocking such access may not be good public policy, it is not illegal or unconstitutional. The remedy for such actions by local government is to elect representatives that will provide beach access either through the development process or by condemning and paying for easements across private lands. You cotTectly point out that in 1976, Collier County adopted an ordinance that required beach access points every half mile to be dedicated to the public when development occurred. That ordinance did, however, have a provision allowing waiver of the access point requirement. In particular, Section Four, subsection 7.B allowed for access to be provided in the aggregate. Under this provision, the County apparently agreed with Deltona that the dedication of Tiger-tail Beach would be an appropriate substitute for evenly spaced access points along the beach. Again, while you might not believe this is good public policy, it is consistent with the provisions of the ordinance and is not illegal. With regard to Residents Beach, the issue of who properly owns the upland property abutting the beach appears to have been litigated, with the court finding that the MICA is the rightful owner. That being the case, the Association has the right to condition access over its land on status as a resident and the beach wa erward of its property; rhon however, am informed that such access ai molt access to th denied. t .t ►M AFFIRMATNE ACTION ECVAL OPPOP' -'.ITY EMPLOYER Mr. James F. Ciolino Page Two Agenda Item No. 6A September 14, 2004 Page 28 of 43 You have also complained that an unofficial access point used for many years by residents has been fenced because of construction of a hotel on the property. I understand that you and some other residents claim an easement by prescription over this path to the beach. It may well be that you can establish such an easement, however the proper procedure for establishing a prescriptive easement would be to file suit against the record title holder in circuit court. This is not something within this agency's jurisdiction and you should employ private counsel to pursue this claim. The file we have compiled also contains much information regarding a 15 foot access point reserved for the City of Marco Island by Massachusetts Mutual in the process of approval of the PUD for the Marriott hotel. Whether to accept this offer of an access easement is again a matter of discretion with the City. That public policy decision is not subject to review by this agency. With regard to beach renourishment in Marco Island, you complain that public monies were spent thereby requiring public access. The previous beach renourishment project was financed by bonds with the funds dedicated for payment coming from ad valorem taxes levied by a municipal services taxing unit covering the benefitted property on Marco Island. These bonds were later retired using county tourist development tax money. The issue of whether this was a proper use of the TDC monies was litigated and the court found that it was. As to a fixture project, DEP has determined that lateral access to the beach to be renourished is sufficient to allow for approximately 50% of the monies to be provided by the State. If you believe this is in error, you should contact private counsel to determine if there are grounds to challenge any permits that need to be issued or if grounds for an injunction can be stated. This agency cannot act as private counsel and does not have jurisdiction to monitor and assure that agncies of the State are complying with the law. Finally, as to your overarching complaint about alleged conniption in all of these dealings with the County or City Comnvssion, we believe that public corruption at any level is something that should be dealt with in the strongest terms. It is not, however, within our jurisdiction to investigate or prosecute local corruption. If you have evidence of actual con•uption, I would advise you to contact your local State Attorney, the State Commission on Ethics, or the Florida Department of Law Enforcement. All of these agencies have the jurisdiction necessary to investigate allegations of public conniption. Thank you for your concern about these important issues of public policy. Most of the problems you have brought to our attention, however, are remedied at the ballot box and I encourage you to get involved at that level to elect representatives you believe will protect your interest in enhanced beach access in the future. Sincerely, i L. Clayton Roberts Executive Deputy Attorney General + 1 ° Oq :z- 0 1 O M A rt 1 o 0 `G n or 30 Z .0 rx 0 LL SonL°n I o c y < • p V p At 0 H � j�l • OF CIS, 07 _ �v w �t A !D W A CL (,,+ O 0 o m g� N CL E-r 0 n V 1 O O X w= R A Q ('� Or w A � o ° ^ ° �n ° a��x O A 0P. O oa E..30 gas � CL 0 a 550a0MMe 7 t 04 w C O ^ Z g 0 o a� o °'E�� ''.' .. w n A e S w ,-. o o. b' A cr°ia� °ono q' �► O O^ A A 'Y O o ►i m A ro a p p w m FA 0 � A a�� o0 0) old 51 a CL p 15i R. 1"-3 w m r, r A O C v A A 5 w b fA �'wr�.'cr =t' S � n O , Qq " A A A < n y 04 M E3 a A ^ CD .O+Ck�'YQ p n7 tM w ^ N O A O v w 7 m a6.0o14 - 0 Q `2 �? A p W A e► +� .T - -- - ��omgwR O A�+ c Z 0 O e'y+ ¢1 w � A oM�vC 0�g .. o cqt CL p O {W7 n ro A a r. A 'O m n a' A ti e oa rr 'a ;; 0 � O rb 0 UP M.+ A b OAR O M ytz1:M O 3 0 A ts fl A p "y O d ^ 0, O O b EA A V1 M N 0 �D n C 0 r U O\ u 0 y�y y E d a N N n O y w 00 `J Agenda Item No. 6A September 14, 2004 Page 29 of 43 ° O �o o• mw o 10 n g �� $ w ago w >C.o'w o.� Lo ^n w 0 n w o � � C o M K 3 ° c J g° a o Q a ^C iv w a e C o 0 o O m K q y n n d m ,+ O O rt v h m oa �m m 0 �W no w°? n ETA o 3 n�3b �pw ma¢ O n m y �.o "°J o p w 5w r-I3 n (�c rj O n 5 o moo" a s o to� o° w 0 C n m n_ o =, as a p w n° °'CL aao`°n n5V.csop�',otiw o'�omwa '.�, 9-,nnc n5 �,n n fag G O�4 b (� M a� n ^p� i C� tmA�°,,n K ev w o_ w .. �F1 0 '� m n Oge O o o a Cr � 4 Fr , ron on�n •",o.mr9°� 7A° el - nn`� n° 9 e nn °DC7 rb ;0 :3 0 on'."� ] m n o °,3 �o°DBtngcm o w n�050 n 'ci c 3 b'�n �5 '` o n M °�°a C CGn'd.aOs a° U� .» O O n w "' C ' oFn rt a w�n' �C O C � � y n m o m �w O ro ' ` �`a n rC ^ o. OfcCwY �G . C ^ w O k� �j D r°�' w o `,-► . C O C.n. . _'n � a ..m .n O m- C (1 rtn] '��•'.► ot� - ti xw $m , 3 " ° ° m 5 o p O� � A0 Q n Er FO F�$ coE qO ° n o ' w D O f pD7pf r�7 �'.°.�O n .0.�Omi ti �t `� n w A C M A $:e n_'C1 In, w n n ~ C m orf ,o ~ C n+ o 0 3 3 M C^n r o w fo G n o O. A ;2 i a w ,Z — m �w {W v oC 'aq m 'o � n .p a � a0 � �° 51, I = 5r 5 z"v �w ° ^ VO n m n 5 M " : m " w o C R roL C G ° 0 0 S . C n c p 5 a u n o w. " r. pno C C. n> C w C 't3 (} C. A p �'O .. C, m 5 ' 0 � p - a, �q n C. O .b n^, C�� 'J°• C .m+ ° QC w .1. A CO w n w ° G3 n n C C 'J oryo f!ni 1T rnf C w 1"'► �. °L' a mm �, ra. T P OD L7 ri ? a. O .'T' rt T ."] '+.' -C '► +. n 1-C e+ CL 0 Z i r-' n1 n i t3. rC 0 S7' `'�i r 5 5 111 s A r- _ E e n 'D e 7_ iA enda Item No. 6A ptember 14, 2004 Page 30 of 43 5 a0.. a�i EF Ell 4 J AIN ".l x`21 c� R - -- -- -- - - - genda7fem Rlo: 6 - September 14, 2004 SO �f Page 31 of 43 y� Gs Jt,�t't7BlYL'ZrS1lIt�!! � � � �oncto,rtirtu.u�t, �nc. `c P.O. BOX 69 UU iQp� \� 4AR1;0 ISLAND, FLORIDA 33969 November 8, 1990 Bennis Y. Cronin, Esq., Asst. County Atty. Building F, County Center 1301 E. Tamiami Trail Naples, Florida - 33962 Cronin: ►lty (8U) Dear �1r approximately gig ua complex, verifying their use o Enclosed are notarized affidavits from aP between 1 Gulf of Mexico, owners of con_d�m�niums court to the ath from Seaview erected Crescent Beach condo.. ootp and the newly 1988. the Admiralty House extinguishment in temporary since 1969 to its The original jum constructed in 1969. of complex was the sales force our condoutinadv this beach access by it were advised of subsequent owners were made aware °fused owners and subse{ this patti has been Ueltor.a COrPoration, as a char►g.ed hands. Since that time, "temporarily as units until closed in construction of the Crescent Beach condo. openly and unchallenged safety precaution, during the erection of a has become "Permanently", with "Temporarily' barbed wire fence around January 1990. chain link and en use of the foot -T that this cor:re, constitutes a legal right It is our understanding, ears or more, path, for the Past twenty years easement Of ,prescrip of way by Means to affidavits, and other .information sen�noureaccess these of Prescriptive use and re-open Please use Claim mentioned this past substantiate our as Commissioner Shanahan to the sl;oreli.ne Spring• interest and assistance and look forward to We appreciate your a successful decision. truly, Yours very -4�W All- 1 � J,4,1 1Ja l lace D. Mohr president, owners Association Inc. SeaBreeze South Apt. Condominium, Enclosures 190 N . Marco Island, I ew York - 11952 Benda Item No. 6A �ytember 14, 2004 November 9, 19 Page 32 of 43 Dennis Y. Cronin, Esq- Asst. County Attorney Building F, County Center 13U1 E. Tamiami Trail Naples, Florida - 33962 Dear Mr. Cronin: Pursuant to our conversations this Spring, I am forwarding to you approximately two hundred ftani2continuousz use softemfoot ath�n► ing the o and unchallenged line of the outh- Seaview C t on Marc an , along the northerly side of the land adjoin - wiondominium, thence along the notteerecently constructed Crescent n C ing it to the west, (now occupied by Beach Condominium), the paralleling hetGulf e ence Mexico- These o south side of the Admiralty House, affidavits include a pre- construction purchase in 1965, several purchased in 1968, 1969 and 1970, (giving us the tweearsyears or r tome of use), then a successive run through the ensuing P covering Z porar closing in 19x8. 'these statements are accompanied by letters from the presidents and secretary of the Board of Directors of SeaBreeze Soutti, Aquarius and SeaBreeze west condominiums. Also enclose are several items that strengthen our case and are listed separately. One of which is an aerial tax map, dated 2/85, that clear- ly shows the pathway we describe above. Thet-e are others on file in the tax and engineers offices. (The originals are clearer). We feel the above are more than enough material to validate our claim of prescriptive use and enable you to re -open our long used footpath by prescriptive easement. However, we shall continue to submit any further evidence that becomes available. Although we can find nothing in writing, some original owners state, (and will testify), that the Deltona salesforce showed them and told them they would always be able to access the beach this way. I am heading back to Long Island once again, and won't return until Spring. I can be reached at Y.O.Box 1169, Mattituck, New York - 11952, (516 -298 -8123 or -8760 Bus.). I am enclosing the names of the presi- dents and managers of the condos so far involved. Most of the hoard presidents are available through Next April and, of course, the mana- gers are year - round. Mrs. Nora Barnett of SeaBreeze West has offered to continue my efforts as coordinator until I return and can be reached as noted. Enclosed is a copy of letter I've sent to Commissioner Shanahan, appris= ing him of our progress and our appreciation and our confidence. Again, our sincere thanks for your efforts in our behalf. we are con - fiAdent that you will bring this issue to a successful conclusion. 5iyrf^ rely, Ma U. y walker, (Mrs. Bertram W.) cc: Comm. Richard Shanahan U Sa t.arco 1s land(, ;Vfcc�_101 43 may 2, 1990 Commissioner Yicrarc Si• :anahal. huilaing F, Count-,- Center 1301 E. lamiar-i Trait .Nantes. FloridL - Lear Commissioner Shanzhar.: 1%e were deliected weer, you mentioned that you would ask. the County :,ttorney to cneci: into the re- opening by "prescriptive easement-' of the foo_path accts= to the Gulf used by SeaBreeze, SeaBreeze South, SeaBreeze lies,, Aquarius and Southwinas condominiums, at a recent meetirit• held a: SeaBreeze Soutr. and again at the Commissicners' r.:eeting at the Government Center or, April 3, 1990. This is to advise that we (lave r.ontacted the County Attornev's of- fice anc volunteered to obtair. the affidaviTs necessary' to validate our clam to this right of way- to the Gulf of MCXICO b'' 'prescrip- *_ivE use hopefully -, this lri:l facilitate his invest igction and restore our access quickly. We wil7 also forward to hint. (Asst. Attorney Dennis Cronin), all otnet dccun :en *_= we have on file to substantiate our cla in. to this footl.at: access by prescriptive use. Since we have enjoyed open, continued and unchallenged use of this footpath for the past twenty rears, until the time that it was denied �- a ter!Dorary measure, on the premise that its use was hazardous curing construction of the Crescent Leach condominium, we `.ulfil all t::e requirements, by law, of the legal right of prescriptive use. 1,e urgF you to exercise your authority: and rp -open it to us, and look. forwara to a auici: and just resolution of this predicament. with many thanks for your concern, I remain Fours very truly, Ma ger Walker (Mrs. Bertram W. Walker) P. 0. Box 1169 Mattituck, New York - 11952 cc: Dennis P. Cronin, Esq. Agenda Item No. 6A -C 0 1: September 14, 2004 Page 34 & 43 ar' ,.Is is t o verit,- 'nrt IIwE ria v e r) e en own:r)'cf record of Unit s dg e C G r. 0 7. 1 ri U r: s inc 9 f:.ee , cont 4 -.Luea artla unchal 1 7, av s sniovec open. �jrinr this cxim.atelv three iee: -nice_ ( 3 roit. -rorec use Ot a a r; . ar%Pr S . - ':rke Gulf Of MeyicO- T',-Dis foot apt, e` :- ea`: .-iew Court tc -rie s n o r c- r, ` along trtc nc)r:!'•0rIY 1171e of the Southwir,-- Concominium, ann cor;- alone -nc nortkiem side of the land a:ioI n -nr it t C t he west. nr;-- occupied by try Crescent Beach Condo.miniur.- 1: Darallels the -fence. or, the sout.-I s4.ce of tne Acmiralty ho:.Isf-. 1�14,-Ie tne land presently ownt--` IL-v -.he C. W. 'Henrie L;ex-elovme-,,t Cc-'IVa7'V cnanvec pants over the years, our use of the footpax.. ;.:as never deniet an or about February -9t>E'. At that a temporary ie-ice I r - nath would ,;L-c erected bN the owner. on -s premise tha use o. ne ze --nsafe auring the propoEec co:-s-ructior, of Crested-- aeacn Condo. one :=aiec,: is now comnletE. ho::ever. access -.o the ':)eac: via the f o a, z . has nrz 'neen restored. Tt nas, Instead, neen eliminazed by fenc n n w -r a-: . baroe- irz- - .I•- _.action 01': r;ermanan*: cnain-lin'r. was installea aroun-: :.`&e berinninr of :his year. we were ac: o: c �:s nur c rka s ei =..15 c r.�nco --n t . : h i s acTess -7, -2 1- z. r. c: f e 1 -- _,.a 4- -- .:o' -1d I -.; av s b e oiler: : c This szrongl- , r e D Y cert i on th 4- ria• 'oe f ore S:aze and foresaid to a o p a r e Z t-, %0 My hand anC Off ic !A sea! in the I a 0 .0 7 officer a Ti 1 v a u r n o r - Za'xe acKnowipai7amentL Derson- T Counz• an.-t 30--ate !as: afore- t a r A L tr.at the continued, oven -.;se cf -.r.is fc-ctt)eLth ox- the residents o-f Seabreeze, SeaErreeze rout`., SeahreeZe West, Aquarius ana Southwinds condomin4-ums, consti- zuz-aZ a lee-a'- right of way D:- means of -arescrin,:-,ve -.;se. n e 7- t e C' 1 r e D Y cert i on th 4- ria• 'oe f ore S:aze and foresaid to a o p a r e Z t-, %0 My hand anC Off ic !A sea! in the I a 0 .0 7 officer a Ti 1 v a u r n o r - Za'xe acKnowipai7amentL Derson- T Counz• an.-t 30--ate !as: afore- t a r A L Agenda Item No. 5A SFA BREEZE SOUTH ANNUAL OWNERS MEETING JANUARY 1" ,H4" e35c�43 -� -- P AG E_Z_ self closing latches. If we intend to use the pool covers weasuwe then install locks on all gates. Mr. McNiven stated as long are getting bids and preparing to erect a fence they would renew our insurance. The fencing will be done as soon as the season is over and the type of fence has been seclected. Some of the bids tie received are: 1.• Vinyl Chain Link $2200.00 2. Allied Chain Link 1,900.00 3. Brick Block 7,800.00 4. Brick Block & Chain Link 3,300.00 + cost of chain link. 5. Electro Plated Aluminum 11,000.00 The 300 feet of fence will be put around the exterior of the patio, leaving the Bar -3-Q Pit on the outside of the fence. If anyone has thoughts or Ideas for the fence the Board would like to have your input. +► .TERMITE`S; Some of our buildings have shown signs of termite infestation �"!e ;' will be checking all buildings and doing what is necessary be rid mplex of insects. The termites we have are Powder post beatles swarming termites. They are not the type that go back into the ►round every night and there is no cause for great alarm. However we t you all to be aware of the problem and keep your eyes open for an sign of the insects. 'SCR. DOMENIC GUCCI: Recently sent a letter to the Moores asking if there ,eras any truth to the rumor that Sea Breeze South would be razed and rebuilt. As far as anyone at the meeting knew there are no plans for such action. It was suggested the rumor might have started when South Hind was being considered for a parking lot for Crescent Beach. These are all strictly rumor and Sea Breeze South will remain as it is. Mr. DeLeo is writing a formal reply to Mr. Bocci.. BEACH ACCESS: The recent closing off of our walkway to the beach has been of great concern to everyone. Whether we will be gran ~ed access is still undecided. Mr. Staudter our representative for beach access related that Mr. Shaunessy, Mr. Pistor and an attorney have an appoint- ment with the builder of Crescent Beach to discuss access and would let him know the outcome as soon as possible. Mr. DeLeo said showed an article from the Marco Eagle Placing the proposed access points. 1. Tiger Tail 2.Next to Admiralty house.(the one we have been using) 3.Next to the Royal Sandcastleaand.Marbella. 6. Raddison ton. cement S.Between en t factory. This being a matter of record Mr. DeLeo contacted Mr. Blanchard the Vice Chairman of the Beach Renourishment committee. He was informed we already have the right of way from South Wind but Crescent had not as yet made a commitment. The general feeling was that Mr. Henny the devoloper would give access eventually. Mr Blanchard would like to yet something in writing before'the project is completed.' Mr. DeLeo also talked with Our County Commissioner Mr. Pistor who said he was unaware of the wire cutting of the fence and of all the decension -ausen by not having Beach access. A tot of our tenants a:.d other ondominium tenants are eery ipsec sr-•. -.jng they thought they would .;ave a place to reach the beach and now the only place the could r?ceivq entry was at tiger tail. t;a are two miles from the entry and ;could have to drive to a spot which is allready over crowded. '!r. Pistor said he wo+ild •-hecK oli- 4j:Sil ilities and g-,t bay' "0 sir . ire L?� Agenda Item No. 6A September 14, 2004 Documents Supporting Use of Footpath for Twenty (20) Plus Fftaft9f43 From Seaview Court to the Gulf of Mexico, Between Admiralty House on North Sdie and Southwinds and Present Crescent Beach Condominium on South Side., (Vacant Land Prior to 1988). 1. Collier County Aerial Tax Map of Section 18, TWP 52S, Range 26E, Sheet No. 40B, dated February 1985, Photo BPD 3107. This map clearly shows the pathway used by residents of SeaBreeze .jo»tS, SeaBreeze West, Aquarius, SeaBreeze and Southwinds. There are others on file, showing the area before and since 1985. 2. Excerpt from "Naples -Marco Island, An Illustrated History ". Produced by the Collier County Historical Society. Sponsored by the First National Bank and Trust Company of Naples. Dated November 14, 1981 -- Page 75. Footpath is easily recognized. 3. Copy of newspaper c 4, 1990. Report on day before, stating the historic use of years or more would Florida law. lipping from Naples meeting of Collier th,st the County's accessways, noting allow the property Daily News, dated April County Commissioners the legal staff would research that proven use of twenty to be kept open, per 4. Copy of newspaper clipping from Naples Daily News, dated Janu- ary 1988, stating that the area between Admiralty House and the then proposed Cascades, (later to become the present Cres- cent Beach Condo), had been a favorite access point for years. 5. There is a large aerial photograph hanging on the wall of Sea Coast Real Estate office on Collier Boulevard, Marco Island that shows this pathway clearly. The photo is about ten years old, I am told. Since there seers to be no copies of it avail- able, will try to photograph it and sabmit copy , if success- ful. However, it is there to be inspected by anyone trying to authenticate the use of this footpath. Above items were submitted to Dennis P. Cronin by Margery M. Walker supporting claim of prescriptive easement, as stated above. Y - Agenda Item No. 6A September 14, 2004 �T Page 37 of 43 COLLIER COUNTY ER KENNETH S. CUYI fit, COLLIER COUNTY ATTOF-. Dennis P. Cronin ;1301 Tamlaml Trail East Naples, Florida 33962 -4976 Mark G. Lawson Ramiro Malfaiich Telephone: (813) 774 -8400 Marjorie M. Student David C Weigel FAX: (813) 774 -0225 Brenda C. Wilson Richard Yovanovich January 24, 1991 Mrs. Bertram W. Walker P.O. Box 1169 - Peconic Bay Blvd. Mattituck, New York 11952 Re: Prescriptive Easement - Marco Island Dear Mrs. Walker: Please be advised that I have reviewed the materials which were submitted during our November meeting. In December I requested that additional review of County materials be undertaken including aerial photographs, County surveys and other transportation department materials in order to assemble all available evidence regarding these issues. Presently I am awaiting response from these agencies. Very truly yours, r\ -- I 1 1 - P �iyj nis P. Cronin Assistant County Attorney cc. Richard S. Shanahan, County Commissioner • v Wallace D. Mohr, Sea Breeze South Condominium Association Kenneth B. Cuyler, County Attorney dpc /kkc /31519 P. 0. Box 1169 Agenda item No. 6A PeconiC Bay Boule nber14,2004 Mattituck, L•I•, New '�3$V52 January 26, 1991 Dennis P. Cronin, Esq. Asst. County Attorney Building F - County Center 1301 E. Tamiami Trail Naples, Florida - 33962 Dear Mr. Cronin: on November 91 1990, I suixnitted to you approximately two hundred fifty (250) notarized statements from owners of SeaBreeze South, Aquarius and SeaBreeze West condominiums. These papers confirmed open, unchallenged and continuous use of a footpath from Seaveiw Court on Marco Island, along the northerly line of the Southwind Condominium, thence along the northerly side of the land ad- joining it to the west, (now occupied by the recently constructed Crescent Beach Condominiun), and paralleling the fence on the south side of the Mmir- alty House, to the shore of the Gulf of Mexico. Also included were several corroborating documents. Incidentally, I now have several photographs showing the pathway to add to our file. To date, I have not heard from you; nor have any of the presidents or managers of the various condominiums involved, and we are very disappointed. You had indicated that you would get back to me after you had perused our submitted material. I realize that the holidays followed shortly after we came to see you, and%ve have taken that into account. However, enough time has passed to make up for this interruption of activity ... thus this letter. Would you please apprise me of what progress and /or action has transpired since November? You'll have to contact me at the above address, since we don't an- ticipate returning to Marco Island until April. I have had several inquiries regarding this action and would like to be able to transmit some follow -up in- formation-to the nany interested parties. I would appreciate your early response. Best regards.... Yours very trulr/.< � gery M. Walker (Mrs. Bertram W. Walker) cc: Colnissioner Richard Shanahan 'U 190 N. Collier Cy va.rd Marco Island, )AM-be-4 9 ' Page 39 of 43 November 9, 1990 Commissioner Richard Shanahan Building f, County Center 1301 E. Tamiami Trail Napleas, Florida - 33962 Dear Commissioner Shanahan: On May 3, 1990, I wroteto you regarding the re- opening of a long used footpath from Seaview Court on Marco Island, (b t�Pn the r CJtX_Ly- onstructe.,t _Crescent Beach Condom A,dmiralt ry House), to the Gulf of Mexico by prescriptive easement. You had stated at a meeting held at SeaBreeze South, this past Spring, and again at a meeting of the Collier County Commissioners on 4/3/90, thatthe County's legal staff would research the historic use of access ways; that proven use over twenty years or more without protest from owner would allow the property to be kept open to the users, under Florida law. We had contacted the County Attorney's office and were directed to Dennis Cronin, Esq. After discussing the situation with him, we vol- unteered to obtain affidavits from owners, confirming the use of this footpath. This is to advise that we have gone forward with this project and will be submitting to Mr. Cronin approximately two hundred and fifty (250) signed and notarized statements verifying continued and open and unchallenged use of this path from 1969 until fenced off tempor= arily in 1988 and permanently in 1989. Along with these affidavits, we will submit other evidence of use, to strengthen our claim to this footpath. A list of which is attached. One of these corroborating items is an aerial tax map from Collier County, dated February 1985, which clearly shows thepathway south of Admiralty House, along the edge of the then vacant land now occupied by the Crescent Beach Condominium - as do other aerials on file in the county offices. These notarized affidavits and other submitted items should be more than enough to substantiate our claim of prescriptive use and enable you to direct the Henne Corporation to relocate the fence, (and barbed wire), which they have installed to a distance of three or four feet to the south, re- opening the footpath that we have enjoyed using since our condos were constructed. Since we have provided the County Attorney's office with all the nec- essary material to fulfill the legal requirements of our right of prescriptive use, we look forward to its enforcement in the very near future. We appreciate your interest and help and are prepared to assist youfurther, if necessary. Thank you for your efforts in our behalf. s very tr 7 Walker, (Mrs. Bertram W.) 1CC: Dennis P. Cronin, Esq. P. 0 ,Box 1169. Mattituck. N.Y. -11952 Agenda item No. 6A September 14, 2004 Page 40 of 43 BEACH REW-URI5}0GYT „ACCF-SS March 20, 1998 To the Board of Directors Sea Breeze South and all concerneds On Harsh 16, 1990, at 9 00 A.H., in the Sea Breeze South Ree Room, a meeting the boards was held with Board of Commissioner t esh B ahan and h, some was Southwinds from Sea Breeze, Sea Breeze West, Condominiums. Mr. Shannahan gave at one half history m 1 and was reduced t Bone renourishment and access which was raised. It was suspended at the 89/90 tenth mil for access. $300,000.00 season. The Deitona property next to "Chalet” has been discussed for access for the public to include parking. Civic organizations went out and collected thousands of signatures against access. On March 27, 1990 the Board of Com- missioners will meet and identify eleven points of access for discussion. Shannahan suggested we go out, as the civic organizations did, and "get (our) position articulated and start a campaign for PEDESTRIAN access" as those present stated that they do not want access to include cars either, only a sidewalk -size path such as the one we have had for twenty years. Shannahan said he would articulate our desires to the meeting Tuesday. Felix has Eagle, Feb. 24, '88 which states on the front page that "Cascades" developer, Charles Henne, would agree to an access walkway on his property with (minor) stipulations. Someone in the group brought up the rumor that. flenne was allowed to add two more floors to Cascades to drop the access issue, and could Mr. Shannahan find out the details - which he said he'd look into. (Now, do we really think he's going to find something there ?) Briefly mentioned also was the fact that "renourishment and access" now seems to be turning into " renourishment" and does the board of commissioners. have the right to leave out "access ". My understanding to this response was that they have the right to do whatever they like. The meeting was over at 10,00 A.M. After Shannahan left, ,jll members decided_ that we could support_.this effort by being presenter rho 4arch 27. 1990 com- �ssiogjrjC neptinq_as getting owners' signatures would not be possible in the short time left. Respectfully submitted, Jeanne H. Leeber, Secretary Agenda item No. 6A September 14, 2004 Page 41 of 43 r - - -- D1! (— IKG_7A 'UAF:Y I _1`_f•_ .r "t, - iir. S1 j;!Jidc: ? -b said he 'r.au Wit, ti1ur11 with an attorney and we schou :r ca able to get a rkPh: of Public Domain i.niunction against tl1e builder, because we nave beer, u�-inf' ti,F access for a period of 20 vrs. Mr. Staudter, Mr. Mover and Ar. 1)rr<<el will form a committee to tali. to lawns and anvone else concern, and see what can be done. (Three Lawyers were contacted and they all agreed that we did not have cause for an injunction) 'The negotiations are still under way and there is still a chance we will get access. We have asked all owners that have used the access for 20 rrs. or more to sign a list to show the lawyers. Mr. Mohr thought this might serve as a wedge in trying to get the owner= of Crescent beach to give us access. We all agreed if nothing was done before the Crescent beach was completed there would be no chance of our getting access. It was suggested by Mr. Dressel S -S We contact all the other condominiums interested in access and present.a united front, also maybe we could get the News Papers interested in our fight. The permits for crescent beach have not as yet been published and maybe the commiss- ioners could use them as a bargaining point. Mr. Schneider made a motion we hire an attorney and go the Legal route of injunction if the lawyers thought it was plausable. Seconded by Mr. Dressel. Motion carried. Mr. reilly wanted to know how this would be funded. Mr. Dressel suggested we all be assessed $10.00 for hireing the Lawyer. Mr. Mullner thought we schould try this on our own and not wait for the other complexes help, if the cost was not too much. Mr. Sherman stated the owners last time we tried for access payed $2,500.00 and got nothing for it. Mr. DeLeo brought to our attention the beach renourishment and access are one issue, in order to get beach renourishment we must have access. All the owners of the inner section of the island favor waiting for the Federal Government to renourish the beaches and give access. This may not be on the agenda for six years or more. Some of the owners thought maybe if construction was delayed the builder would be more apt. to give access. PROPOSED BUDGET:The proposed budget was presented to the owners along with a financial statement for 1987. The money for extensive Termite damage is not included in the budget because we havent any definite finding or prices. We are paving back our roof loan as the money comes in. The origional loan was for $100,000.00 we have repayed $50,000.00 and will pay it off as soon as possible. A motion was made by Ray Dressel to accept the budget as presented, seconded by Eugene Moyer. Motion Passed. The Maintenence fees will remain the same. Efficiencies will pay 5201.00 a quarter 1 Bedroom will pay $251.00 a quarter 2 Bedroom will pay $346.50 a quarter Those who have not paved their full roof assessment have Two quartely payments left. HIGH RISE SPRINKLERS: Mr Henning was informed that all high rises above two stories will have to install sprinkler systems. This wiI.l mean a raise in rents in the high rises as it will be a costly un- dertaking. Mr. De Leo confirmed this and said a Law had been passed to this effect. Fortunately this will not effect us. MANAGERS REPORT: Mr. Moore reported the roof are now completed and it had been avers messy summer but things are shaping up again beautiful roofs are worth it. lie also stated he had purchased some louvers to replace the rotted ones plus some of the garbage cans have been replaced these will be ongoing.replacemetttoas the the are please• The mailman has been complaining he cannot get - ... - _ _ 11-11 r,a.,P in this area. Thank You. - Agenda Item No. 6A September 14, 2004 Page 42 of 43 IMPORTANT DATES IN THE MICA /MIRBA ISSUE .July 9, 1975: Letter from Frank Mackle Jr. to John Pistor, President of MICA confrming the understanding reached on the decd to MICA December 5, 1978: Leigh Plummer, Pros. MICA appointed a committee to look into setting up a, beach committee. .January 15, 1979: A Beach Association Committee presented facts, conditions, and proposals to state that " A Beach Association be formed which would be complocly independent and divorced from MICA with its own officers and directo to run. control. and manatic_ the beach for the exclusive use and eniovment of Marco Island residents." Dues were $25.00 collected from 582 families. The first budget was $22,225. ( Leigh Plummer, Ed Stone, John Duffncr, Philip Joshberger, C. Wally Valleau, Carl Fruechtemeyer involved) Called MIBA- -later MIRBA Feb. 22, 1979: 'fax Appraiser's decision that land was tax exempt property when it went from MICA to MIBA. May 1979: Articles of Incorporation were filed for MIBA by Attorney, David Bruner. Purpose• "MIBA is intended to be a non -11rofit corporation whose general p.urpou is.49- d- jv_41oR maintain. andimprovc the hcach area and be t fa 1 css Signers were: Charles Valleau, John Duffner, and L. Edward Stone. Statutory Agent was Benjamin W. Taunton. August 28, 1979: MICA drew up a lease between MICA and M113A for annual rent of 51.00 and to have a MICA Director on MIBA's Board. MICA had right to review and propose revisions to poicies if contrary to decd from Deltona. March 30, 1981: Deltona filed a lawsuit to include people from Marco Shores. MICA prevailed. March 15, 1982: Deltona appealed. MICA upheld. .June 17, 1991: MICA dictated a change in MIBA's bylaws limiting the beach to Marco Island residents with four stipulations. October 9,1991: M.I. Area Board of Realtors (MIABOR) strongly objected to the new rules and requested MICA /MIBA to withdraw the changes and revert to original rules at inception of MIBA. MIABOR filed a lawsuit. Judgement was in favor of MICA. Later they appealed and it was also denied. May 24, 1994: On hearing; of developments regarding; the the plans of MICA to raise annual lease fee to MICA, Earle D. Cortright, Jr., CEO and President of the Deltona Corporation wrote a strong letter stating that it was a conditioned require- Agenda Item No, 6A September 14, 2004 Page 43 of 43 ment precedent to the gratuitous conveyance of the site to MICA.... that there would he adequate funding for the perpetual operation and maintenance of the Resident's beach for the direct benefit of the residents of Marco Island.... this evolved to the creation of M1BA which operated according to the 1975 Deltona deed. "It was then and continues to be the intent of Deltona that members hi dues collected in connection with the Resident's Beach should be SOLELY for the use and benefit of the purnoscs for which it way �ntnnded and NOT as a means by which funding could be made tQ serve interest unrelated to the Resident's Beach. June 14, 1994: the MIRBA Board voted not to accept the 1994 -95 lease presented to them by MICA. Two major changes were $12,000 for rent from the previous 51.00 charged since 1979 and the inclusion of the South Beach parking lot on a year to year basis. A survey of MIRBA members at the end of May resulted in a majority of members were NOT in favor of a rent increase. Of 2.045 ballots returned 1,307 voted no. In a letter from Joe Coriaci, the following paragraph was in "In that MICA has absolutely no interest in and makes d•O CLAIM UPON Do ofte) 105 1 1 i DI ta _ ' �Tt1Ii101 Oki 0113 101611 W June 23, 1994: MIRBA end MICA were asked to consider a proposal by Ed Day and Frank Blanchard who volunteered to be a mediation team. MIRBA ACCEPTED the proposals. MICA unanimously voted NOT to accept them. August 31, 1994: MIRBA vacated the premises, and MICA assumed responsibility Sept., 1, 1994. March 3, 1995: MIRBA adopted new Articles of Incorporation with its purpose: "MIRBA is intended to be a non - profit corporation whose primary purpose is to provide funds for the maintenance and repair of Resident's Beach caused by ca- tastrophic weather and /or other emergency circumstances." MIR13A paid $85,763.87 in 1994 for improvements MICA requested. MIRBA is a separate corporation with NO TIES to MICA. Joe Coriaci said MICA did not want MIRBA's money. Lyn Bradeen told Bedford Biles at the time that it was a good deal for MICA because it was cheap insurance for the beach. Agenda Item No. 613 September 14, 2004 Goodland Preservation Coalition, Inc. Page 1 of PO Box 691 Goodland, Fl. 34140 239 - 389 -0255 Fax: 239 -389 -9173 goodlandfl @aol.com August 20, 2004 Mr. James Mudd County Manager Collier County Government 3301 East Tamiami Trail Naples, Fl. 34112 Re: Petition to Retain CR92A ownership by Collier County Dear Mr. Mudd: Please consider this correspondence a request to be placed on the agenda for the Board of County Commissioners meeting of September 14, 2004 for a public petition regarding CR92A. October 1, 2002 was the effective date of an interlocal agreement between Marco City and Collier County. Per that agreement, Marco City is to receive $1 million a year for 15 years to fund repair and maintenance of CR92 and CR92A. Due to strong public objection regarding transfer of ownership of CR92A, the County Commission delayed transfer of ownership for two years, to October 1, 2004. A March, 2004 survey of the residents of Goodland on a number of issues, including questions about CR92A reaffirmed the standing of the community regarding ownership of the road. Therefore, the Goodland Preservation Coalition wishes to petition the County Commissioners to amend the interlocal agreement to retain the ownership of CR92A by the County for a minimum of an additional two years. it was nearly one year from the date of the Interlocal agreement before Marco City scheduled grass cutting of the right of ways, the first of any maintenance, and approximately May, 2004 when areas of blacktop deterioration was finally repaired. While recently there has been improved responsiveness by the City as we near the end of the two year window, we request county ownership be continued for a minimum of two more years, to assure responsive safe maintenance and operations of our only ingress /egress to our homes in Goodland. Respectfully submitted, Connie Stegall - Fullmer President Goodland Preservation Coalition, Inc. Agenda Item No, 613 September 14; 2004 Page 2 of 2 COLLIER COUNTY 1VlANAGER'S OFFICE 3301 East Tamiami Trail • Naples, FL 34112 • 239 -774 -8383 • Fax 239 - 774 -4010 August 23, 2004 Connie Stegall - Fullmer, President Goodland Preservation Coalition, Inc. P.O. Box 691 Goodland, FL 34140 Re: Public Petition Request to Discuss Interlocal Agreement Between Marco City and Collier County Dear Ms. Fullmer. Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 14, 2004, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F ") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, Jame�VuYd County Manager JVMTJb cc: David Weigel, County Attorney C: a �r `•' r r C Agenda Item No. 7A September 14, 2004 Page 1 of 38 EXECUTIVE SUMMARY CU- 2003 -AR -3648 Stuart Kaye, of Kaye Homes, Inc., requesting Conditional Use Number 9 in the Estates (E) zoning district, per LDC Sections 2.2.3.3.9., and 2.6.33.4. to continue the existing land use as a model home and sales center for five years on 2.57± acres located at 910 Oakes Boulevard, further described as the south 165 feet of Tract 28, Golden Gate Estates, Unit 96, in Section 32, Township 48 South, Range 26 East, Collier County Florida. OBJECTIVE: That the Board of County Commissioners consider the above - referenced Conditional Use application and render a decision regarding the petition in compliance with all applicable codes and regulations to ensure that the community's interests are maintained CONSIDERATIONS: The petitioner seeks approval of Conditional Use Number 9 in the Estates (E) zoning district to allow the continuing use of the site as a model home with a guesthouse and a sales center (refer to the Conceptual Site Plan). The structures were constructed in 1998 and 1999 with a final Certificate of Occupancy issued on November 24, 1999. A Temporary Use Permit for a model sales center was issued on December 23, 1998, that was effective from January 2, 1999 until January 2, 2001. Shortly thereafter, the Land Development Code (LDC) model home requirements were amended to allow a Temporary Use Permit for a model home to be valid for three years, thus the owner was able to extend the use until January 1, 2003, after which time a Conditional Use would need to be sought and approved. The subject petition seeks the Conditional Use to allow the existing model sales center to continue operation for five more years. FISCAL IMPACT: Approval of this Conditional Use petition will have a neutral fiscal impact on the County because building permits were already issued to allow the existing construction. The County collects impact fees before the issuance of building permits to help offset the impacts of each new development on public facilities, so impact fees have already been paid. No additional construction is anticipated if this Conditional Use is approved. GROWTH MANAGEMENT PLAN IMPACT: The subject property is designated Estates (Estates -Mixed Use District, Residential Estates Subdistrict) on the Golden Gate Area Master Plan (GGAMP) Future Land Use Map of the Growth Management Plan (GMP). The Estates designation permits Conditional Uses as follows: a) Essential Service Conditional Uses throughout Golden Gate Estates; b) Estates zoning district Conditional Uses along Golden Gate Pkwy, and on the west side of CR -951, when abutting Conditional Uses on both sides; CU- 2003 -AR -3648 - radE5F66.tmp Page 1 of 3 Agenda Item No. 7A September 14, 2004 Page 2 of 38 c) "E" zoning district Conditional Uses within Neighborhood Centers; and d) Transitional Conditional Uses (Estates zoning district Conditional Uses) for sites abutting certain non - residential uses and subject to additional criteria. The subject site does not comply with any of the four Conditional Use provisions noted above. However, on April 27, 2000, a former Planning Services Director interpreted that the intent of the Conditional Use Locational criteria in the GGAMP was not intended to apply to model homes in the Land Development Code (LDC) and furthermore, interpreted that the GGAMP Conditional Use provisions did not preclude model home Conditional Uses. On September 10, 2003, the Board of County Commissioners adopted amendments (Ordinance No. 2003 -44) to the GGAMP that included text revisions to reflect the following. "Temporary Use 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) The amended language did not clearly reflect the former Planning Services Director's interpretation because the language did not go that next step to allow model homes as Conditional Uses as well as Temporary Uses. It is Comprehensive Planning's position that Conditional Uses for model homes are not subject to the Conditional Use Locational Criteria, and may be located anywhere within the Estates -Mixed Use District, thus the use is consistent with the GGAMP, albeit still by interpretation. The Comprehensive Planning staff is proposing amended language to the GGAMP to address this discrepancy. ENVIRONMENTAL ISSUES: Environmental Review staff evaluated this petition and determined that there are no environmental issues that need to be addressed at this time. The Environmental Advisory Council (EAC) did not hear this petition because an Environmental Impact Statement (EIS) was not required by the LDC. COLLIER COUNTY PLANNING COMMISSION (CCPQ RECOMMENDATION: The CCPC heard this petition on June 3, 2004. A motion was made by Commissioner Strain and seconded by Mr. Adelstein to recommend approval of this petition, with the stipulations recommended by staff, except that stipulation number 8 be omitted from the recommendation. The motion carried 6 -0. The stipulations of approval are listed below: 1. The Conditional Use approval to allow a model home is limited to what is depicted on the Site Plan, prepared by Robinette & Eaton Lane Surveying, Inc., stamped received March 26, 2004, except as further conditioned below. 2. The Conditional Use for the model home and sales center shall expire two years from the date of Conditional Use approval. 3. Hours of operation for the model home and sales center shall be limited to 10:00 a.m. until 6:00 p.m. Sunday through Saturday. CU- 2003 -AR -3648 - radE5F66.tmp Page 2 of 3 Agenda Item No. 7A September 14, 2004 Page 3 of 38 4. The model home and model sales center uses are restricted to the sale and marketing of the model, or products similar to this model. Use of this site for offices, parking or any associated use for any builders, contractors, developers, or similar activities is prohibited. Employee parking on this site is limited to employees working in this model. 5. Use of any structure on site for either temporary or permanent living quarters is prohibited until the appropriate approvals have been forthcoming from the county to allow the conversion to a single - family residential dwelling. Before occupancy as living quarters, the parking lot must be removed and the ground must be sodded or landscaped. 6. Within 90 days of the approval of this Conditional Use petition, the owner must submit a Site Improvement Plan application (and pay appropriate fees) to address the sidewalk provision along the entire frontage of Oakes Boulevard. In the alternative, the owner must provide a letter to Zoning & Land Development Review staff indicating Transportation Planning Staff has accepted a fee -in -lieu of payment to offset the sidewalk costs, if Transportation Planning Staff determines that such a fee would be more appropriate than actual construction, given impending roadway improvements that could cause damage to that sidewalk. 7. Site access will be limited to right -in and right -out only. At the CCPC hearing the petitioner indicated that he was opposed to imposition of stipulations that limit the Conditional Use approval to two years rather than his requested five years - (condition number 2) and to the stipulation that would require the petitioner to provide sidewalks or a fee -in -lieu of payment to offset the sidewalk cost (condition number 6). The petitioner wants to seek relief from those stipulations at the Board of County Commissioners hearing. As a result, this petition could not be placed on the Summary Agenda. STAFF RECOMMENDATION: The proposed Conditional Use is consistent with the applicable provisions of the GMP, and the uses allowable in this petition will be compatible with surrounding land uses. Therefore, Zoning & Land Development Review staff recommended Petition CU- 2003 -AR -3648 be forwarded to the Board of County Commissioners acting as the Board of Zoning Appeals with a recommendation of approval with the seven stipulations included in the CCPC discussion above. CU- 2003 -AR -3648 - radE5F66.tmp Page 3 of 3 ..—� .lf . -t 2X4 COLLIER COUNTY Nom NYTD» 'A Nom s--y S.— 22 R—, F Approved By "Al Approved BY Carne men A..ertnnon „Pa sera Analyst JN App—,d By . !y >s» —P APP-4 By Appr—d By R- App—d By A—n App—r By APP-4 By ff:- Approved By App—d By Agenda Item No. 7A September 14, 2004 Page 5 of 38 Co�er County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JUNE 3, 2004 SUBJECT: PETITION CU- 2003 -AR -3648 PROPERTY OWNER/APPLICANT Kaye Homes, Inc. Stuart Kaye, President 5979 Pine Ridge Road Naples, FL 34119 REQUESTED ACTION: The petitioner requests approval of Conditional Use 9 of the Estates (E) Zoning District to allow an existing model home and sales center to continue operation, as specified in Collier County Land Development Code (LDC) Section 2.6.33.4. GEOGRAPHIC LOCATION: The subject property is a 2.57 ± -acre tract located at 910 Oakes Boulevard at the northeastern corner of the intersection of Oakes Boulevard and Vanderbilt Beach Road, further described as: the South 165 feet of Tract 28, Golden Gate Estates, Unit 96, in Section 32, Township 48 South, Range 26 East, Collier County Florida (refer to Location/Site Map on next page). PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use to allow the continuing use of the site as a model home with a guesthouse and a sales center (refer to the Conceptual Site Plan). The structures were constructed in 1998 and 1999 with a final Certificate of Occupancy issued on November 24, 1999. A Temporary Use Permit for a model sales center was issued on December 23, 1998, that was effective from January 2, 1999 until January 2, 2001. Shortly thereafter, the Land Development Code (LDC) model home requirements were amended to allow a Temporary Use Permit for a model home to be valid for three years, thus the owner was able to extend the use until January 1, 2003, after which time a Conditional Use would need to be sought and approved. Kaye Homes; CU- 2003 -AR -3648 staff report Page 1 of 7 Agenda Item No. 7A September 14, 2004 Page 6 of 38 The subject petition seeks the Conditional Use to allow the existing model sales center to continue operation for five more years. SURROUNDING LAND USE & ZONING: North: an owner- occupied single - family home on a 2.58± acre Estates zoned tract South: a canal, then Vanderbilt Beach Road, then Vineyards Elementary School, which is zoned PUD and part of the Vineyards PUD East: an undeveloped 2.77± -acre tract zoned Estates West: Oakes Boulevard, then a single - family, owner- occupied home located on a 3.66± acre Estates zoned lot; then I -75 L 1 I I IIi!IN I AYhNilh. Vineyards Elementary School The V neva w 1x�t' �l'�Abeseeeeli^]j3 PUR Excerpt from two zoning maps (Alignments are approximate) Kaye Homes; CU- 2003 -AR -3648 staff report Page 2 of 7 Agenda Item No, 7A September 14; 2004 Page 7 of 38 .Iwr_N� �{ ` 1 - �190 LW' - y�' .�: � � �� -: -.i _ s �r•� �.� by : . I 44 1 s A Cep /ryN�[I 200iC Neertweq P»pA, Ap,reeer -Maly Fl.i S Aerial Photo GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE) and Golden Gate Area Master Plan ( GGAMP): The subject property is designated Estates (Estates -Mixed Use District, Residential Estates Subdistrict) on the GGAIVIP Future Land Use Map of the GMP. The subject site does not comply with any of the four Conditional Use provisions noted above. However, on April 27, 2000, a former Planning Services Director interpreted that the intent of the Conditional Use locational criteria in the GGAMP was not intended to apply to model homes in the Land Development Code (LDC) and furthermore, interpreted that the GGAMP Conditional Use provisions did not preclude model home Conditional Uses. On September 10, 2003, the Board of County Commissioners adopted amendments (Ordinance No. 2003 -44) to the GGAMP that included text revisions to reflect the following: "Temporary Use 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.HI.B.2.5.e) The amended language did not clearly reflect the former Planning Services Director's interpretation because the language did not go that next step to allow model homes as Conditional Uses as well as Temporary Uses. It is Comprehensive Planning's position that Conditional Uses for model homes are not subject to the Conditional Use Locational Criteria, and may be located anywhere within the Estates -Mixed Use District, thus the use is consistent with the GGAMP, albeit still by interpretation. The Comprehensive Planning staff is proposing amended language to the GGAMP to address this discrepancy. Kaye Homes-, CU- 2003 -AR -3648 staff report Page 3 of 7 Agenda Item No. 7A September 14, 2004 Page 8 of 38 It is anticipated, based upon discussions at previous Collier County Planning Commission (CCPC) hearings when Comprehensive Planning staff was involved in the discussion about the amendment issue, that a GGAMP amendment to address the model home Conditional Use issue can be adopted within two years. However, there is no guarantee that the amendment would be approved at that time, thus staff is limiting the Conditional Use for this model to two years rather than the five years that is being sought by the petitioner. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. The model home has operated at this site for over three years, without any apparent discontent from any neighboring property owners, thus the use appears to be compatible. Transportation Element: The Traffic Impact Statement for this petition indicates the existing model home generates background trips estimated at 40 trip ends per day with 4 trip ends per hour during the peak PM period. This level of trips will not cause any affected roadway or intersection to operate at an unacceptable Level of Service within the five -year planning period. Approval of the proposed Conditional Use will not add any new trips to the transportation system because no new uses are proposed. Therefore, this petition is consistent with GMP Transportation Policies 5.1 and 5.2. Staff believes this petition is consistent with the GGAMP, FLUE Policy 5.4, and Transportation Element Policies 5.1 and 5.2, and therefore is consistent with the overall GMP. ANALYSIS: 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 (LDC Section 2.7.4.4.): 1. Consistency with the Land Development Code and the Growth Management Plan. As previously noted, this request is consistent with the Growth Management Plan, and the conditions proposed by staff will ensure this project's 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. Currently there are two access points (driveways) on Oakes Boulevard serving this site. Neither access is wide enough to allow two cars to pass; although not so posted, it appears that each driveway accommodates only one -way traffic. This driveway design allowed the developer to maintain a cluster of existing indigenous vegetation that includes several large -- trees on site. The lack of one -way signs could cause confusion; vehicle drivers cannot be sure which driveway to use going into the site. Staff believes it would be appropriate to Kaye Homes; CU- 2003 -AR -3648 staff report Page 4 of 7 Agenda Item No. 7A September 14, 2004 Page 9 of 38 provide signs to designate entrance and exits for the two driveways, and has included a condition to require such signs. There are improvements planned for the intersection of Oakes Boulevard and Vanderbilt Beach Road that may affect this site. Early design ideas indicate that Oakes Boulevard would be a divided highway at least up to, and most likely somewhere beyond, this parcel's northerly boundary, which would eliminate any southbound left turn movements into this site. No median cut is anticipated to serve this parcel, nor would it be appropriate to provide one due to the site's proximity to the Oakes Boulevard/Vanderbilt Beach Road intersection. Staff has therefore included a stipulation that limits access to this site to right -in and right -out only. Two driveways are not necessary to serve this site; one driveway would accommodate the traffic generated by the use. In most circumstances, staff would recommend that the southerly access point be closed because it is located too close to the Oakes Boulevard/Vanderbilt Beach Road intersection. Staff would require that the northerly access point be re- designed to accommodate two -way traffic. However, as noted earlier, the driveway design accommodates the preservation of an indigenous vegetation area, which provides an aesthetic effect and helps to buffer the use from the traveling public. With the planned roadway intersection improvements that will physically prohibit left turn movements, staff believes the dual driveways can continue to operate, and recommends that the existing dual driveway configuration be allowed to continue with the condition that the owner install signs to designate one driveway as an entrance and the other as an exit, to avoid conflicting movements. If staffs conditions are adopted, staff believes adequate ingress and egress to and from the site will continue to be provided through the two existing driveways located on Oakes Boulevard. Regarding pedestrian safety, staff has included a condition, as requested by Transportation Planning staff, requiring a sidewalk to be provided along Oakes Boulevard pursuant to LDC Section 3.3.7.1.9. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. The model home and sales center will be open to the public during daytime and early evening hours, beginning at 10:00 a.m. and closing at 6:00 p.m. every day of the week. Although the present land use on the subject site generates more traffic than the neighboring developed residential properties, the limiting hours of operation should lessen the impacts created from vehicular headlight glare, and buffers should limit the amount of vehicular noise that might affect neighboring properties. This model home has been operating at this site for many years without complaint; because the use will not change, staff does not contemplate that complaints will be generated by a continuation of the present use. 4. Compatibility with adjacent properties and other property in the district. Kaye Homes; CU- 2003 -AR -3648 staff report Page 5 of 7 Agenda Item No. 7A September 14, 2004 Page 10 of 38 The surrounding properties are either undeveloped or used residentially. The nature of the use, the limited hours of operation, the size of the tract, and vegetation and landscape buffers lessen any impacts on surrounding neighbors, thereby ensuring compatibility with the surrounding properties. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the site is under the size threshold to require an Environmental Impact Statement. NEIGHBORHOOD INFORMATION MEETING: The Neighborhood Informational Meeting was held on September 23, 2002. No one from the public attended the meeting. STAFF RECOMiVIENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU- 2003 -AR -3648 to the Board of Zoning Appeals, subject to the following conditions: 1. The Conditional Use approval to allow a model home is limited to what is depicted on the Site Plan, prepared by Robinette & Eaton Lane Surveying, Inc., stamped received March 26, 2004, except as further conditioned below. 2. The Conditional Use for the model home and sales center shall expire two years from the date of Conditional Use approval. 3. Hours of operation for the model home and sales center shall be limited to 10:00 a.m. until 6:00 p.m. Sunday through Saturday. 4. The model home and model sales center uses are restricted to the sale and marketing of the model, or products similar to this model. Use of this site for offices, parking or any associated use for any builders, contractors, developers, or similar activities is prohibited. Employee parking on this site is limited to employees working in this model. 5. Use of any structure on site for either temporary or permanent living quarters is prohibited until the appropriate approvals have been forthcoming from the county to allow the conversion to a single - family residential dwelling. Before occupancy as living quarters, the parking lot must be removed and the ground must be sodded or landscaped. 6. Within 90 days of the approval of this Conditional Use petition, the owner must submit a Site Improvement Plan application (and pay appropriate fees) to address the sidewalk provision along the entire frontage of Oakes Boulevard. In the alternative, the owner must provide a letter to Zoning & Land Development Review staff indicating Transportation Planning Staff has accepted a fee -in -lieu of payment to offset the sidewalk costs, if Transportation Planning Staff �. determines that such a fee would be more appropriate than actual construction, given impending roadway improvements that could cause damage to that sidewalk. Kaye Homes; CU- 2003 -AR -3648 staff report Page 6 of 7 Agenda Item No. 7A September 14, 2004 Page 11 of 38 7. Site access will be limited to right -in and right -out only. 8. Within 90 days of the approval of this Conditional Use, the owner must install signs to designate one driveway as an entrance only and the other as an exit only, to avoid conflicting movements. All signs must comply with code as to size, design, and location, and proper permits must be sought and approved. PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RAY BELLOWS, CHIEF PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW Susan Murray, AICP, Director DATE Department of Zoning and Land Development Review APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN DATE Staff report for the June 3, 2004 Collier County Planning Commission Meeting Tentatively scheduled for the September 14, 2004 Board of County Commissioners Meeting Attachment: Exhibit A: Findings of Fact Kaye Homes; CU- 2003 -AR -3648 staff report Page 7 of 7 o CO c\t o Z d cv c r r C � 0 m r Q1 Q "=Dli CL S� L {W rn 1 v I Z O Q U O Q f�l O O N U c� e DWATOM amoo Dln.S3YM, gei 1 A �� -Ilk W okd� au S O. J DL1'hi1I10B MYDm t G = A5$ � ' Y•]l.1i161N wY [ �B F ■ 4 Y•31.11Y911� - - -- - -------------- ----- - - K 3 �8 D � � t QAY D)RT1N1MkM1f CL S� L {W rn 1 v I Z O Q U O Q f�l O O N U Agenda item Rio. 7A September 14, 2004 Page 13 of 38 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Petition No.: Date Petition Received:. Commission District: _ Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1. General Information ZiE Name of Applicant(s') �pa& Applicant's Mailing Address A,-1 f P& etda, City State Zip -54 I J q Applicant's Telephon-. # jr 215 Fax # 304 �3oS Applicant's E -Mail Address::f2k iZ Q E&V(_ t�or46- C►ym Name of Agent JMAler Firm VAX,, -aDl 1-6 Agent's Mailing Address �i YI/yL Not, PA City K6 State 1�-] Zip 11 Agent's Telephone # 3'04 YT yj16 Fax # 204 3�0 rj Agent's E -Mail Addn:ss: COm COLLIIT 11 COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES /CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PRONE (941) 403- 2400/FAX (941) 643 -6968 APPLICATION FOR PUBLIC FrEARIN G FOR CONDITIONAL USE - 02/2000 Agenda item Rio. 7A September 14, 2004 Page 14 of 38 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowr er Association: R )"_ Mailing Address __ Name of Homeo AmtT Association: Mailing Address Name of Homeowner Association: Mailing Address City State ;dip City State ;np City State ::ip Name of Master Association: ►��A- Mailing Address ^ City State Zip Name of Civic Assm:iation: tjJ" Mailing Address ___ 2. Disclosure of Intere t Information: City State Zip a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, Iist all parties with an ownership interest as well as the percl:ntage of such interest. (Use additional sheets if necessary). Name and Address APPLI 'ATION FOR PUBLIC HEARIN j FOR COLIQI7IOIYA� USE p�ppR Percentage of Ownership Agenda Item Rio. 7A September 14, 2004 Page 15 of 38 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. r- Name, Address a id Office Percentage of Stock <? _��.�n_ 1[� � U• P .-lam usr�_ � cx�� — C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage 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 Addre ;! 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, including; the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership 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. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 0212000 Name and Addre.;s g. Date subject pi operty acquired ( ) Ieased ( ): Agenda item No. 7A September 14, 2004 Page 16 of 38 Term of lease _yr. /mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: ___ , or anticipated closing date h. SbouId any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearir..g, it is the responsibility cif the applicant, or agent on his behalf, to submit a st.pplemental disclosure of interest form. 3. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4;1 copies of a recent survey (completed within the last six months, maximum 1" to 400',, tale) 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 : egal description, an engineer's certification or sealed survey may be required. Section: __� ___ Township: 49 Range: atp Sow+ 1(o s' o E 1,fft* 'Trce�r Subdivision Go Men - UV111' 9to Plat Book Pal; c, #: Property I.D. #: 419s up Ior;�oL� Metes &::Bounds Description: 4. Size of property: ft. X ft. = Total Sq. Ft. Acres 5. Address /Leneral location of subject property: Vd . 6. Adjacent zoning and land use: Zoning Land use APP ICA'nON FOR PIQaLIC HEARING ? OR CONDITIONAL• USE - 0212400 7. TOTAL POPULATION TO BE SERVED: 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER -PEAK AVERAGE DAILY B. SEWER -PEAK AVERAGE DAILY Agenda Item No, 7A September 14, 2004 Page 17 of 38 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 and schematic drawing :)f sewage treatment process to be ustA as well as a spechic statement regarding 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 professional engineer. 11. COLLIER COUN',N UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, writt m notarized statenumt shall be provided agreeing to dedicate to Collier County Utilitits the water distribution and sewage collection facilities within the project area upon completion 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 applicable system development charge:; and connection fees will be paid to the County Utilities D:'vision 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 the water and sewer syst,:ms. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDER& Unless waived or otherwise 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. Udlity Provision Stitrment RJM 10/17157 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE — 028000 N S PQ D _ E _ W Agenda Item No. 7A September 14, 2004 �L Page 18 of 38 V PQ% �IOm l� &PC44- V, s 6Lv2 Does property owner own 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 F'af;e #: Property I.D. #: Metes ,&c. Bounds Des -.ription: 7. Type of Conditional Use: This application is requesting conditional use # of the district .f )r (TYPE OF USE) Present Use of the Prcperty: 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 Development Code, staff's recommendation 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 bee=n met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County Land Development 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): --Twf lu .►�' 1S s I M l�L.l1 C�J�%f 11�(*I DlJ FigL 110j lam_ P oo 0 bow uAM X02 O&IL APPLICATION FOR PUBLIC REARING FOR CONDITIONAL USE - 0212000 Agenda Item No. 7A September 14, 2004 � Page 19 of 38 T�; &1K1 vUe;pd t, ►..�n�1�j 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 con,enience, traffic flow and control, and access in case of fire or catastrophe: �1St(1kIra U6-klk A*U) -971eff-S WIti UMAnA,1 AS 17- NA6 FZ T PA54- X12- clR�. ��- !s A �dAeAW *or , nl� �� 1 Oa1-�MOflvr +Oe �E�rer�tN P�eioP:xtr-A1 c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, ea)n:)mic impact and odor: -JGA2�n � tS AJO tin W,, (eft W' . _ N IW d. Describe the site':: and the proposed use's compatibility with 1 adjac=TUAA� ties and other properties it the district:Tg6 WIW,t- #000 2 kI ti° I �o -rte Fbt�i� ►�( D wl w i1 F ? e. Please provide any additional information which you may feel is relevant to this �• request. )A16, [IFcve L0"`v� i�j &a-:tnVNy Ord- 0-oz, 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 whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subiect 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? 90__ APPLICATION FOR PUBLIC HEARIh J; FOR C NDMONAL USE - 0212CDO Agenda Item No. 7A ptember 14, 2004 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE `UI''Ee 20 of 38 1. NAME OF APPLICANT:�1f)t 2. MAILING ADDRESS: 6q-74 CD . 1`+ kfto-> CITY F] zip--- 3411-1 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): "110 D . 4. LEGAL DESCRIP7 1ON: Section: '2- -. Township: 4.? Range: 2t0 Lot: _ Block: Subdivision: Plat Book Page #: Property I.D. #: 4 I 1fq Cm A Metes & Bounds Description: 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM M b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM [] PROVIDE NAME d. PACKAGE TREATMENT PLANT [] (GPD capacity) _ e. SEPTIC SYSTEM 6. TYPE OF WATER LSERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM [] b. CITY UTILITY SYSTEM F] c. FRANCHISED UTILITY SYSTEM (� PROVIDE NAN[E d. PRIVATE SYSTEM (WELL) APPLICATION FOR PUBLIC HEARING FOR CONDM EAL USE - 02/2000 Agenda Item No. 7A September. 14, 2004 Page 21 of 38 t` N ��P� res�4Pr,� FIDA VIT Well C_O�i, L being first duly sworn, depose and say `that well amlane t e wners of the property described herein and which is the subject rnwter of the proposed heariz, that all the answers to the questions in this application, including the disclosure of interest information, all skotches, data, and other supplementary matter attached to and made a part 'q{ this application, are honest and true to the best of our knowledge and be.`ief. We/I understand that the information requested on this application must be complete and ac,-urate and that the content of this fornt, whether computer generated or County printed shall not pie altered. Public hearings will not be advertised until this application is deemed complete, and aJ required information has been submi,`.tel As property owr_er Well further authorize as curlmy representative in anv matters regarding this Petition_ Signature of Property Owner Typed ,,-,r Printer' Name of Own er Signature of Property Owner to act IsfWtrt Kaye rre!s�ke -; Na0146o, c,�i Typed or Printe Narne of Owner 24efegoin i ^trument was c cknowledged before me this dayof. )FPbQIJLq.RQ(- _s[_who is personally known to me or has produced _ _a:? identification. State of.Florida County of Collier Tiffany Schmidt Commission #DD236053 a Expires: Jul 29, 2007 Bonded Thru I 'gym : Atimnic Bond nS Co., tnc. 1 - + Y p 91-- (Print, Type, or tamp.Commissioned Name of Notary Public) RE- SUBMITTAL CU- 2003- AR-3648 PROJECT #2002070025 APPLICATION FOR PtT3LIC REARING F CONDMONAL USE — 02/2000 DATE: 3/1/04 KAY DESELEM m o.7 e 14 CO"IMNAL USE APPLICATION 9e 38 SUBMITTAL CHECKLIST oc Q THIS COMPLETED 47RECI{LIST IS TO BE SUBAU TED WIT$ APPLICATION PACKET! REQULEMENTS # OF NOT COPIES RE UIRE.D RE UM 1. Completed Application 16* 2. Copy of Deeds) and list identifying Owner(s) and all d 2* Partners if a Co ration 3. Completed Owner/Agent Affidavits, Notarized 2* Ll, 4. l're- application noteslndnutes 16* 5. V'onceptual Site Plans (.including (1) 8 -1/2 X 11 copy) 16* 6. , jEavironmental Impact Statement - (EIS) �, I 4 7. JAerial Photograph - (with habitat areas identified) 5* S. J Completed Utility Pro`dsions Statement with required 4 attachments and sketches ��:\\)Q- 9. Traffic Impact Statement - (TIS) 4 10�A'Sstorical & Archaeological Survey or giver 4 A pplication 11. Copies of State and/or Fzderal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee, Data Conversion Fee, Check shall be - }/made payable to Collier County Board of Commissioners 1CV PUBLIC PARTICIPATION MEETING: APPLICATION SUBMITTAL: Copy of Affidavit attesting that all property. owners, civic associations & prop,:rty owner associations were notified. Copy of audio video recording of public meeting Written account of meeting. CU- 2003 -AR -3648 PROJECT #2002070025 DATE: 1/24/03 15. Other Requirements - _ KAY DESELEM f - uuuuiuczm mquura im song -tumge ru ummg xeviM As the attthoaizzed agenVapplicant for this petition, I attest that all of the infonmdon indicated on this checktist is included in this subrninal package. I i mderst ind that failure to include all necessary submittal inforn atim may result in the delay of pros If this petitio L Applicazrt/Agen: Signature Date APPLIG170N FOR MLICt3EARIN FOR CO"MONAL USE -0=000 L 01 AS5tGN %�enc7a €te,ri X� 17A September 14, 2004 MAY 2 2 2002 Page 23 of 38 ADDRESSING CHECKLIST Please complete the following ig(l submit to the Addressing Section for Review. Not all items will apply to every project. Items in bold type are required. 1. Legal description of subject F roperty or properties (copy of 1 may be 2. Folio (Property ID) numbe..r,$) of above (attach to, or associate with, legal description if more than one) 3. Stre address br addresses (;cc: applicable, if already assigned) 4. Location map, showing exact location of project/site in relation to nearest public road riE,ht -of -way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (if applicable) 8. Site Development Plan Numir:r ( OR EXISTING PROJECTS /SITES ONLY) SDP - 9. Petition Type —(Complete a :separate Addressing Checklist for each Petition Type) 10 SDP (Site Development Plan) SDPA (SDP Amendment:) SDPI (SDP Insubstantial Change) SIP (Site Improvement Plan) SIPA (SIP Amendment) SNR (Street Name Chang.) ❑ Vegetation/Exotic (Veg. F.emoval Permits) Land Usc Petition (Variance. Conditional Ilse. Boat Dock Ext., Rezone, PUD rezone, etc.) Other - Describe: (26f -4: `f Urlc--A_� L Project or development names proposed for, or alrc applicable; indicate whether proposed or existing). F-] PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) 0 FP (Final Plat) LLA (Lot Line Adjustment) BL (Blasting Permit) [] ROW (Right -of -Way Permit) EXP (Excavation Permit) VRSFP (Vcg. Rcmoval & site Pec'Mi A- appearing in, condominium docurients (if 11. Please Check One: Checklist's to be Faxed Back 12. Applicant Name E_ MME Phone_304- Fax ,SS 13. Signature on Addressing hecklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number t ()R045 Address Number Address Number Address Number Approved Date -61 Revised 3 -21 -01 CU- 2003 -AR -3648 PROJECT #2002(70025 DATE: 1/24/03 KAY DESELEM ; 0 0,; _: COL, I' =_17 :I'.. IJI-. v. Agenda Item No. 7A •I I I Sk),gter 14, 2004 . Page 24 of 38 Public Participation Meeting DATE: -TIME: & .' OCR LOCATIOI SUBJECT: Please Print Name � Kc, 14 �- COLLIER. COUNTY Community Development and Environmental Services Division Linda Bedtelyon Community Planning Coordinator 239.213.2948 - Fax 239.403.2395 - lindabedtelyon @colliergov.nel 2800 North Horseshoe Drive - Niples, Florida 34104 r CU- 2003 -AR -3648 _ PROJECT #2002070025 DATE: 1/24/03 KAY DESELEM Agenda Item No. 7A September 14, 2004 Page 25 of 38 PUBLIC PARTICIPATION MEETING MINUTES Date: 9/23/02 Time: 6:U0PM Location: 910 Oakes Blvd. Naples, FL 34119 Purpose: Informational meeting -Oakes Sales Center - Conditional Use Permit Application There are no recorded ridnutes of this meeting. Only present were Mr. Stuart Kaye: President of Kaye Homcs, Mrs. Olga Suarez, employee of Kaye Home sand Mr. Ray Bellow, representative f ~om Collier County Community Development and Environmental Services Division ( offic : of Linda Bedtelyon, Community Planning Coordinator who could not attend). No property owners shoved and Ray Bellows, Collier County Representative, sugg ,-sted we terminate the meetin.; due to the lack of participation. AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER Agenda Item No. 7A September 14, 2004 Page 26 of 38 Before me the undersigned authority, duly authorized to administer and take oaths, personally appeared Stuart O. Kaye, President of Kaye Homes, Inc., who hereby says as follows: 1. I am President of Kaye Homes, Inc., 2. All property owners, civic associations and property owner associzitions were notified through the address labels provid0d to Kaye Homes by Collier County. FURTHER AFFIANT SAYETH NAUGHT: Stuart . Kaye Sworn and subscribed before me this 17th day of January 2003 by Stuart U. Kaye who is persona ly known to me. K-otary Public State of Florida .............. .• I FLUDWOOD : >r" ; GENEVIRE W. B =. Y_ r MY COMMISSION I DD 101349 _ EXPIRES: March 19, 2008 Banded TMu No" Putk underwriters BUTLER ftbaw... engineering, inc. Agenda Item No, 7A September 14, 2004 Page 27 of 38 TRIP GENERATION REPORT KAYE HOMES MODEL CENTER INTERSECTION VXSDERBILT ROAD AND OAKS BOULEVARD. The project is an existing sales office located at 910 Oaks Boulevard. The legal is the South 165', Tract ?8, Golden Gate Estates Unit 96. Existing traffic is Iess than 14 trip ends per day. There are 12 existing parking spaces. The facility serves to market existing owners and potential buyers of Golden Gate Estate lots. Access is via Oakes Boulevard. TRIP' GENERATION: Daily trip:, vary widely. There is not a comparable use listed by ITE. Because the existing traffic count is very low, we wool i estimate 40 trip ends per day for a peak day with 4 trip ends per hour during the peal; PM period. �r J� A RE- SUBMITTAL CU- 2003 -AR -3648 PROJECT #2002070025 DATE: 3/1/04 KAY DESELEM 22:!3 TRADE CENTER WAY NAPLES. FLORIDA 34109 Prepared by ar3(3Return to: Maryellen Cali INDEPENDENT TITLE OF NAPLES, INC 838 Anchor Rode Dr. Naples, FL A4103 GRANTEE TAX ID NUMBEP: 23132[ 2462 PG, 2681 RICORDID it OIIICI,_.,dCORDS of C01011 COOSTT, IL 09/18/91 at 09:41AS DWIGHT R, BROCI, CLIRK Coss 1250D.00 IA0 q-6 RIC 111 6100 // DOC -,10 501,50 COPIIS 1.00 Rete: IIDIPISDINT TITLI 01 IAPLIS PICK UP WAR ANTY DEED THIS INDENTURE, made this 15th day of September , A.D. 1998 between David K. Tidwell. and Gertha A. Tidwell, Husband and Wife as Grantor *, whose address is: 1157 Oakes Blvd, Naples, Florida 34119 and All American Homes, Inc., a Florida Corporation as Grantee *, whose address is: 4863 Golden Gate Parkway, Naples, Florida 34116 WITNBSSBTH: That the Grantors, for end in consideration of the sum of TEN AND N01100 I DOLLARS ($10.00) and other valuable: considerations to said grantors in hand paid by s i said grantees, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the grantee and grantee'a heirs forever the following described land 3 located in the County of Collier, State of Florida, to -wit: The South 165 Feet of Tract 26, GOLDEN GATE ESTATES, UNIT NO. 96, according to the Plat Thereof, as recorded i_r Plat Book 7 at Page 94 of The Public Records i of Collier County, Florida The subject property is not the homestead of the grantor, nor is it contiguious to the grantors homestead propEa ty. CN Property Tax ID Number: 41881640004 SUBJECT TO easements, restrictions and reservations of record, if any, and taxes for 1998 and subsequent yearE. Said grantor- does hereby fully warrant the title to said land, and will defend the same against the lawful claims cf all persons whomsoever. *Singular and plural are interchangeable as context requires. IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written. Witnesses (WITNESS 1) Signature: PRINT OR TYPE NAME, M R .LLEN CA SCI r•_ David K. Tidwell (WITNESS 2) Sigptature: / PRINT OR TYPE NAME: (WITNESS r) Si9nature:� PRINT OR TYPE NAME, A LLEN CAL - t, Gertha A. Tidwell L (WITNESS 2) stoature, ,.�1 .(< PRINT OR TYPE WAR; N"r "n Q? it 1 � � I� State of Florida County of Collier The foregoing instrument was aeknowl,idged before ate on this 15th day of September, 1998 by David R. Tidwel:. aannd� Gert) Tidwell, Husband and Wife, who is known to me or who has produced as identification and did take an oath. MMYELLFN ;�,.m; r %r. <;,fl1 NOT PUBLIC My Commission Ex ;Y��6 0:,`- '�,i:,.•:,. .: (SEAL)-..„x.rrcm PRINT OR TYPE NAME: CU- 2003 -AR -3648 AMS-WD- P[.AIN PROJECT #2002070025 Rev. 10/27/94 DATE: 1/24/03 KAY DESELEM Agenda Item No. 7A September 14, 2004 Page 28 of 38 Agenda Item No. 7A 1199000026928 4 September 14, 2004 Page 29 of 38 CONSENT IN LIE J OF A SPECIAL JOINT MEETING OF THE BOARD OF DIRECTORS AND THE SOLE SHAREHOLDER OF ALL AMERICAN HOMES, INC. The undersigned, being the soled rector and sole shareholder of ALL AMERICAN HOMES, INC., a Florida corporation (the "Corporation "), hereby consents and subscribes to the following acts and resolutions in lieu of holding a formal special joint meeting regarding the same, pursuant to the provisions of Sections 607.0704 and 607.0821, Florida Statutes: RESOLVED, that the name of the Ccr; )oration shall be changed to "Kaye Homes, Inc.'; and it is FURTHER RESOLVED, that any o f cer of the Corporation is hereby authorized and directed, in the name and on behalf of the Corporation, to take or cause to be taken any and all actions to execute the .A rticles of Amendment to reflect the name change and any other necessary documen, s (all of which are to be in form and substance as the officer executing the same may deem necessary or advisable, the execution thereof by such officer to be conclusive evidence of the approval of such form and substance by such officer) and to do any and all things which in his or her discretion he or she may deem to be necE ssary or desirable to effectuate the foregoing resolution and to carry out the purposes thereof. Dated as of October 14, 1999 G. y ye role Dire for /S a Shareholder 453173.1 H99000026928 4 'Y Agenda Item No. 7A September 14, 2004 H99000026928 4 Page 30 of 38 ARTICLES OF AMENDMENT TO . ARTICLES OF INCORPORATION OF ALLAME:RlCAN HOMES, INC. Pursuant to the provisions of Section 607.1006,, Florida Statutes, ALL AMERICAN HOMES, =., a Florida corporation i the "Corporation "), hereby amends its Articles of Incorporation as follows: Article I of the Corporation's Ail icles of Incorporation is amended in its entirety to read as follows: "AeTICLE I. Name The name of the corporation is Kaye Homes, Inc." This Amendmentwas approved by the sole shareholder and the sole director of the Corporation by written consent datec October 14, 1999 in accordance with Sections 607.0821 and 607.0704, Florida Stat rtes, such vote being sufficient to approve these Articles of Amendment. Dated: October Q0 1995 Michael V. Mltdone, Esq. FL BAR a# 294551 Gunster, Yoakley, Valdes -Fault b Stewart, PA 777 S. Flagler Drive, Suite 500 East West Palm Beach, FL 33401 (561) 650-0553 - 453165.1 C. Jay e, Vice r sident Director H99000026928 4 of _ 10riba te �t a_ 3DPpartment of Mate I certify the attached is a tru-n and correct copy of the Articles of Amendment, filed on October 25., 1999, to Articles of Incorporation for ALL AMERICAN HOMES, INC. which chan-led its name to KAYE HOMES, INC., a Florida corporation, as shown by the ze.ords of this office. I further certify the document eras electronically received under FAX audit number H9900002692B. This certLficate is issued in accordance with section 15.16, Florida Statutes, and authenticated by the code noted below The document number of this corporation is P95000066559. Given under my hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the Twenty -fifth day of October, 1999 Authentication Code: 499A00051263- 102599- P95000066559 -1 /1 Agenda Item No. 7A September 14, 2004 Page 31 of 38 Division of Corporations It Document Numbe.- P95000066559 State FL Last Event NAME CHANGE AMENDMENT Florida Profit KAYE HOMES, INC. PRINCIPAL ADDRESS 5979 PINE RIDGE ROAD NAPLES FL 34119 Changed 05/02/2002 MAILING ADDRESS 5979 PINE RIDGE ROAD NAPLES FL 34119 Changed 05/02/2002 FET Number 650669518 Status ACTIVE Event Date Filed 10/25/1999 Registered Ag( Name & Address COMMETTE, PETER M 1323 SOUTHEAST THRID AVE FORT LAUDERDALE FL 33316 Name Changed: 05102/2002 Officer/Director Detail Agenda '"1 4 September Page 3 of 38 Date Filed 08/29/1995 Effective Date NONE Event Effective Dative NONE http://www.sunbiz.org/scripts/Cordet.exe?al=DETFIL&nl =P95000066559&n2=NANWVrD&n3=... 2/11/2003 Name & Address KAYE, C JAY 5979 PINE RIDGE ROAD NAPLES FL 34119 I Title DVST KAYE. STUART 0 5979 PINE RIDGE ROAD = NAPLES FL 34119 P http://www.sunbiz.org/scripts/Cordet.exe?al=DETFIL&nl =P95000066559&n2=NANWVrD&n3=... 2/11/2003 Division of Corporations KAYE HOMES, INC. Agenda ItXW' '1Af 1 September 14; 2004 Page 33 of 38 Document Number Date Filed Effective Date Status P?95000066559 08/29/1995 None Active EVENT TYPE :PILED EFFECTIVE DESCRIPTION DATE DATE ----------------------•-------------------------------------------------------- ? CHANGE 1.0/25/1999 OLD NAME WAS : ALL AMERICAN HOMES, NDMENT INC. THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http:// www. sunbiz. orliscripts/ corew:. exe? a1= DETNAM &n1= P95000066559 &n2 =DOMP 2/1112003 N Agenda Item No. 7A CU- 2003- AR- 36litember 14, 2004 PROJECT #20020700295 34 of 38 DATE: 1/24/03 KAY DESELEM CONDITIONAL USE PETITION PRE- APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST /0"3(.3 Date: Time: —H)�30 _Planner•_VAY —bES>`l -p-" Project Name: &A \-e E i40 gEs M- Addr/Location: 9 10 0 ASS --BL..V D Applicant Name: __STJAti''T- .`- Phone: 304 - 330- ?h..Z15 Firm: i' E _ Flo w1£5 Type of Petition: CGt-4 >Vnc)v— .. 1)&Q Current Zoning: E Owner Name: Owner Address: lWeeting Attendees: Phone: SUBMITTAL REQUIREMENTS: �9 Application, completed Addressing Chec (list signed by Addressing Dept 8 Pre - application meeting notes 16 copies of Conceptual Site Plan 24' X 36" plus (one 8' /Z X 11 copy) Copy of Deed(s) Completed Owns:- /Agent Affidavits, Notarized i� Environments{ Impact Statement (EIS), aiver. !L3� Aerial Photograph (taken within the previous 12 months) State ment of utilitl provisions (with all required attachments & sketches) . 0 Agenda Item No. 7A September 14, 2004 Page 35 of 38 Traffic Impart :3tatement ❑ Historical and Archeological Survey r waiver ❑ WA Copies of States and/or Federal Permits ❑ Wof- Architectural R.ndering of Proposed Structure(s) ❑ 6q;4 Pre-application Fee $300.00 (to be credited toward application fee below► '11 ICA0'L ❑ Fees: :')2000.00* Application Fee 25.00 Data Conversion *$300.00 if filed in conjunction with a rezone petition OTHER REQUIREMENTS: ❑ <,AJL. D NU I ts: 'irzA~7rle_ AP.4A L` T's 1S �o SI�lC1nlALiL 1z�t7tQ�'O C.ONTAC_x \.tj F's uku- rZC G&g-Dw& UTILITis-r, �V1SFp �P�ltc�l,9', TD CO!! Cjc=j- LINDA 96 YLANtJiQ Co__o``1D1)4A- 7) F_ + I N FO ro. moo � �� U�lc_ MTV -T koccd 4& K Agenda Item Rio, 7A September 14, 2004 Page 36 of 38 PRE - APPLICATION MEETING SIGN IN SHEET V,AYE AOM6�,c�, MODEL Project Name Date of Meeting Name Division /Dept Regarding Phone Number ��-DE5ELCM co E Purr_ SOUS �� =�t.7T Pt. NG -_ 21 — 293 t A4aLL'C--r— CMGI Ili 6Q-71 7 or-, 4o:3 - z4o,=, 1 CADocuments and SettingsWeselemkayWy DocumentsVormsTre -App sign in sheet.doc 1129/02 agenda item No. 7A September 14, 2004 Page 37 of 38 RESOLUTION 04- A RESOLUTION PROVIDING FOR THE CONTINUATION OF A OF A MODEL HOME AS A CONDITIONAL USE IN THE "E ESTATES ZONING DISTRICT PURSUANT TO LDC SECTION 2.6.33.4.1 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, pursuant thereto the County has adopted a Land Development 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 after notice as in said regulations made and provided, and has considered the advisability of a conditional use as allowed in Section 2.6.33.4.1 of the Collier County Land Development Code in an "E Estates Zone for a model home on the property hereinafter described, and has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangements have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given an opportunity to be heard by this Board of Zoning Appeals in a public meeting assembled and the Board has considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The Petition, identified as CU- 2003 -AR -3648, riled by Stuart Kaye, of Kaye Homes, Incorporated, with respect to the property hereinafter described as: The South 165 feet of Tract 28, Golden Gate Estates, Unit 96, in Section 32, Township 48 South, Range 26 East, Collier County Florida, which is incorporated by reference herein to be approved for a Conditional Use as allowed in Section 2.6.33.4.1 of the Collier County Land Development Code in the "E" Estates Zoning Pagel of 2 Agenda Item Rio. 7A September 14, 2004 Page 38 of 38 District for a model home in accordance with the Site Plan received March 26, 2004, shown on Exhibit "B," and subject to the stipulations found in Exhibit "C," both of which are attached hereto and incorporated by reference herein. Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote. Done this ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney Exhibits (attached): A. B. C. CU- 2W3- AR- 364&%DAo day of 2004. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN Findings of Fact Site Plan, received March 26, 2004 Stipulations Page 2 of 2 Agenda Item No. 8A September 14, 2004 Page 1 of 71 EXECUTIVE SUMMARY PUDZ -03 -AR -3561, Hiwasse, Inc., represented by Robert Duane of Hole Montes, Inc., requesting a rezone from Rural Agricultural (A) to Planned Unit Development (PUD) to be Down as the Hiwasse PUD to allow for a professional office, or indoor self storage, or a combination thereof for property located on the west side of Livingston Road, approximately one - quarter mile south of Pine Ridge Road (CR -896) in Section 13, Township 495, Range 25E. OBJECTIVE: To have the Board of County Commissioners (BCC) consider an application to rezone the subject site from Rural Agricultural (A) to Planned Unit Development (PUD) to be known as the Hiwasse PUD permitting a maximum of 91,000 square feet of professional offices including financial institutions, or 200,000 square feet of indoor self storage, or a combination thereof with a conversion ratio if both uses are developed and to make sure that the project is consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject 12.5 -acre site is rectangular in size and is currently zoned Rural Agricultural. The proposed commercial PUD is situated between the Kensington Park PUD to the west, Livingston Road to the east and Eatonwood Lane to the south. The petitioner indicates that the property was reduced in lot area and depth due to a right -of -way taking by Collier County for the extension of Livingston Road. As a result, the remaining land is long and narrow with a length of 1,400 feet and a depth of 390 feet. Because the site also contains a 235- foot -deep FPL easement, the remaining buildable portion of the site has been reduced to 155 feet in depth. The petitioner contends that the site is now too narrow for residential uses as permitted by the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). As a result, the petitioner amended the FLUE by creating the Livingston Road/Eatonwood Lane Commercial Infill Sub - district that allows professional or medical office uses and other uses permitted in the C -1 District including indoor self - storage facilities. The proposed PUD zoning must be consistent with this Sub - district. The Transportation Department has reviewed the applicant's Traffic Impact Statement (TIS) and has determined that the project (office and indoor self - storage) will generate approximately 2,365 Average Daily Trips at the build -out of the project in 2006107. As a result, this project is not projected to significantly impact any Collier County collector or arterial road segment. As a result, this -petition is consistent with Policies 1.3, 1.4, 5.1 and 5.2 of the Transportation Element. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be developed. The mere fact that new development has been approved 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 on public facilities. PUDZ -03 -AR -3561, Hiwasse PUD Agenda Item No. 8A September 14, 2004 Page 2 of 71 These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to the 200,000 square foot self storage facility and the 92,000 square foot professional office uses: • Fire Impact Fee: $0.30 per square feet under roof • Parks $820 • Road Impact Fee: $4,032.00 per 1,000 square feet • Correctional Facilities: $1.0920 per square foot • Radon Impact Fee: $0.005 per square foot of building • EMS Impact Fee: $200.00 per 1,000 square feet • Building Code Adm.: $0.005 per square foot of building It should be noted that because impact fees vary by land use type and because this approval does not provide this level of specificity as to the actual type of use, the total impact fee of $1,697,493 is at best a raw estimate. Additionally, there is no guarantee that the project at build -out will have maximized its authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. Nevertheless, it should be appreciated that notwithstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service (LOS) requirements fall below adopted standards, a mechanism is in place to bring about a cessation of 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. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban Commercial District, Livingston Road/Eatonwood Lane Commercial Infill Sub - district) on the Future Land Use Map of the Growth Management Plan (GIMP). This designation allows 91,000 square feet of professional and medical office uses or 200,000 square feet of indoor self - storage uses or a combination thereof with a conversion ratio if both uses are developed. This Sub - district requires that the project have its primary ingress /egress via Eatonwood Lane. Because Eatonwood Lane serves as an entrance into the Kensington subdivision, the residents of Kensington have expressed opposition to this required access citing traffic safety and security concerns. As a result, the petitioner has agreed with the BCC direction to amend this Sub - district in order to eliminate the access to Eatonwood Lane. With regard to the list of permitted uses, the Comprehensive Planning staff has concluded that the proposed bank and financial institutional uses (groups 6011 -6099) are not consistent with the intent of this Sub - district that limits the uses to professional office. PUDZ -03 -AR -3561, Hiwasse PUD 2 Agenda Item No. 8A September 14, 2004 Page 3 of 71 The BCC has previously determined that banking is classified as financial services and not professional office. Based upon the above analysis, staff concludes the proposed rezone is consistent with the FLUE subject to the elimination of the banking and financial institutional uses. In addition, due to the pending Growth Management Plan Amendment to eliminate the ingress/egress onto Eatonwood Lane, the PUD zoning shall not become effective until the amendment is ratified. ENVIRONMENTAL ISSUES: The Environmental staff has reviewed an Environmental Assessment Report for this project and has recommended approval. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This petition was not required to go to the Environmental Advisory Council (EAC) because the site was previously cleared and is devoid of any vegetation. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC reviewed this petition during their public hearing on June 3, 2004. By a vote of 6 to 0, the CCPC forwarded Petition PUDZ -03 -AR -3561 to the Board of County Commissioners (BCC) with a recommendation of approval. The Planning Commissioners found that this petition is consistent with the Growth Management Plan (GMP) subject to the following conditions of approval: 1. Limit the hours of operation of the storage facility from 7:00 a.m. through 9:00 p.m. This limitation has been incorporated into section 5.5. J of the PUD document. 2. Add Depository institutions (groups 6011 - 6099) to the list of permitted uses in Section 5.4 of the PUD document subject to a Comprehensive Plan amendment to permit the use. The depository uses are restricted to the north portion of the property along with a full median opening on Livingston Road with a traffic light. 3. Eliminate Section 4.17.0 in the PUD document concerning the requirement for the indoor storage facility to provide an outdoor patio area adjacent to the customer entrance, a minimum of 200 square feet in area. During the public hearing, several residents from the surrounding developments objected to the increased traffic on Livingston Road resulting from the depository uses. As a result, the CCPC stipulated that the depository uses shall be restricted to the north portion of the property along with a requirement for a full median opening on Livingston Road with a traffic light. Because there was public opposition to this petition, this petition could not be placed on the summary agenda. PUDZ -03 -AR -3561, Hiwasse PUD 3 Agenda Item No. 8A September 14, 2004 Page 4 of 71 STAFF RECOMMENDATION: Staff recommends approval of Petition PUDZ -03 -AR -3561 subject to staff and the Collier County Planning Commission stipulations that are contained in the PUD Document as otherwise described by the Ordinance of Adoption and Exhibits thereto. PUDZ -03 -AR -3561, Hiwasse PUD 4 It— Nl ?A COLLIER COUNTY Item NumEN :A ttam Summery I N "'ll D-'a rvj M"tW% Vab C'n 11 j -1, F,P—d By Approved By Approved By S-A— E::",--'- Ipp .... d By App-4 By AtCP I —A ,Approved By E—;—.l—W! 3-1-- Ad-:1,11-1 Approved III Approved By App-4 By —4 I A. App ... ed By Agenda Item No. 3A September 14, 2004 Page 6 of 71 �: Co" er County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES HEARING DATE: JUNE 3, 2004 RE: PETITION NO: PUDZ -03 -AR -3561, HIWASSE PUD OWNER/AGENT: Agent: Robert L. Duane Hole Montes, Inc. 950 Encore Way Naples, Florida 34110 REQUESTED ACTION: Owner: Jeffrey Mangan, President Hiwasse, Inc. 2700 Pine Ridge Road Naples, Florida 34109 To have the Collier County Planning Commission consider an application to rezone the subject site from Rural Agricultural (A) to Planned Unit Development (PUD) to be known as the Hiwasse PUD permitting a maximum of 91,000 square feet of professional office including financial institutions, and 200,000 square feet of indoor self storage. GEOGRAPHIC LOCATION: The property is located on the west side of Livingston Road and approximately one - quarter mile south of Pine Ridge Road (CR -896) in Section 13, Township 49S, Range 25E. (See location map on the following page. A copy of the Master Plan for the subject site follows the location map). PURPOSE/DESCWMON OF PROJECT: The subject 12.5 -acre site is rectangular in size and is currently zoned Rural Agricultural. The proposed commercial PUD is situated between the Kensington Park PUD to the west, Livingston Road to the east and Eatonwood Lane to the south. The petitioner indicates that the property was reduced in lot area and depth due to a right -of -way taking by Collier County for the extension of Livingston Road. As a result, the remaining land is long and narrow with a length of 1,400 feet and a depth of 390 feet. Because the site also contains a 235- foot -deep FPL easement, the remaining buildable portion of the site has been reduced to 155 feet in depth. Agenda Item No. 8A September 14, 2004 Page 7 of 71 The petitioner contends that the site is now too narrow for residential uses as permitted by the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). As a result, the petitioner amended the FLUE by creating the Livingston Road/Eatonwood Lane Commercial Infill Sub - district that allows professional or medical office uses and other uses permitted in the C -1 District including indoor self - storage facilities. The proposed PUD zoning must be consistent with this Sub - district. Deviations: The petitioner has requested a deviation from Section 2.8.3.5.11 and Section 2.8.4.4.10 of the LDC to eliminate the requirement for single -use buildings such as the self - storage facility to have an outdoor patio area adjacent to the customer service entrance. This patio area is required to be a minimum of 200 square feet in area and to provide benches, landscape planters, and vegetative shading. The petitioner contends that the outdoor patio area is inappropriate and could cause safety concerns in the use of the self - storage facility. SURROUNDING LAND USE AND ZONING: Surrounding: North - Undeveloped land zoned The Related Group PUD, which is a multi- family residential project with a density of 6.99 units per acre. East - Livingston Road and the Brynwood Preserve PUD that is approved for 160 residential dwelling units at a density of 5.47 units per acre. South - Eatonwood Lane and the golf maintenance facility for the Kensington Park PUD. West - The developed single - family subdivision within the Kensington Park PUD that permits 570 dwelling units and 18 holes of golf. Agenda item No. 8A September 14, 2004 Page 8 of 71 GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban Commercial District, Livingston Road/Eatonwood Lane Commercial Infill Sub - district) on the Future Land Use Map of the Growth Management Plan. Future Land Use Element (FLUE): This designation allows 91,000 square feet of professional and medical office uses or 200,000 square feet of indoor self - storage uses or a combination thereof with a conversion ratio if both uses are developed. This Sub - district requires that the project have its primary ingress/egress via Eatonwood Lane. Because Eatonwood Lane serves as an entrance into the Kensington subdivision, the residents of Kensington have expressed opposition to this required access citing traffic safety and security concerns. As a result, the petitioner has agreed with the BCC direction to amend this Sub - district in order to eliminate the access to Eatonwood Lane. In regards to the list of permitted uses, the Comprehensive Planning staff has concluded that the proposed bank and financial institutional uses (groups 6011 -6099) are not consistent with the intent of this Sub- district that limits the uses to professional office. The BCC has previously determined that banking is classified as financial services and not professional office. Based upon the above analysis, staff concludes the proposed rezone is consistent with the FLUE subject to the elimination of the banking and financial institutional uses. In addition, due to the pending Growth Management Plan Amendment to eliminate the ingress/egress onto Eatonwood Lane, the PUD zoning shall not become effective until the amendment is ratified. Transportation Element: The Transportation Department has reviewed the applicant's Traffic Impact Statement (TIS) and has determined that the project (office and indoor self - storage) will generate approximately 2,365 Average Daily Trips at the build -out of the project in 2006/07. As a result, this project is not projected to significantly impact any Collier County collector or arterial road segment. As a result, this petition is consistent with Policies 1.3 1.4 5.1 and 5.2 of the Transportation Element. Conservation and Open Space Element - The PUD document indicates that a combination of landscape, the FPL easement, lakes, water management areas, and qualifying open space areas exceeds the Land Development Code (LDC) requirements. Utilities and Water Management Element — Water distribution, sewage collection and transmission systems shall be constructed thought the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights -of -way, or within dedicated utility easements, shall be conveyed to Collier County Utilities pursuant to Ordinance 01 -57, as amended. ANALYSIS• Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the LDC thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Collier County Planning Commission (CCPC) 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. 8A September 14, 2004 Page 9 of 71 Other evaluation considerations (as noted below) include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. Environmental Review - The Environmental staff has reviewed an Environmental Assessment Report (Exhibit "C ") and has recommended approval subject to the conditions contained in Section 6.1 of the PUD document. This petition was not required to go to the Environmental Advisory Council (EAC) because the site was previously cleared and is devoid of any vegetation. Transportation Department Review — The Transportation Department has recommended approval subject to the approval of a shared access along the northern property line and as depicted on the PUD Master Plan. An access agreement with the property owner to the north is required. If an agreement for shared access cannot be reached, then only a right -in -right -out access is permitted from Livingston Road at an access point depicted on the PUD Master Plan south of the shared access area. The developer shall provide a turn lane at the project entrance onto Livingston Road, at either permitted access, prior to the issuance of the first certificate of occupancy for the first structure in accordance with the Collier County Public Right -of -Way Manual and Ordinance 82 -91. Zoning Review — The subject property is designated Urban (Urban Commercial District, Livingston Road/Eatonwood Lane Commercial Infill Sub - district) on the Future Land Use Element of the Growth Management Plan (Exhibit "D "). This Sub - district also limits building heights to a maximum of 35 feet for professional and medical office uses, and 3 stories with maximum height of 50 feet for indoor self - storage uses. However, to improve compatibility with the adjacent land uses, the maximum building height has been limited to a maximum height of 35 feet for all uses. The PUD also requires the distance between structures separation between any two principal structures on the same parcel to be a minimum of fifteen (15) feet or a distance equal to one half (1 /2) the sum of their heights, whichever is greater. In addition, the PUD development standards require that the principal uses provide the following minimum yards: Front yard — 25 feet 2. Side yard — 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the LDC are met. Rear yard — 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the LDC are met. These development standards are same as the standards in the C -1 zoning district. Furthermore, there is also a 235 - foot -deep FPL easement that prohibits development within the easement. This easement will serve as an additional buffer between the project and the adjacent Kensington community.. Other design features to improve compatibility include the required Type `B" landscape buffer located between the Kensington PUD and the Hiwasse development tract. Lastly, the project will be subject to the architectural design criteria of the LDC and the standards contained in the Livingston Road/Eatonwood Lane Commercial Infill Sub- district. However, the petitioner has requested a deviation from Section 2.8.3.5.11 and Section 2.8.4.4.10 of the LDC in order to eliminate the requirement for the self - storage facility to have an outdoor patio area adjacent to the customer service entrance. Staff has determined that the outdoor patio area is inappropriate for a self - storage facility and could cause safety concerns. Therefore, staff supports the requested deviation. PUZZ-03 AR P1,10; 4 Agenda Item Rio. 8A September 14, 2004 Page 10 of 71 Utility Infrastructure - Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned, and maintained in accordance with the current Collier County ordinances. The petitioner has agreed to these conditions and has incorporated these recommendations into the PUD document as follows: 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. 97 -17, 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. Community Infrastructure and Services_ - The subject property is readily accessible to a whole range of community infrastructure that is enhanced by its interface with Livingston Road and close proximity to Pine Ridge Road. Furthermore, there are shopping centers and various specialty stores within a short driving distance of the subject site. Regarding the matter of timing, it should be appreciated that commercial and residential development has been approved within this area. After considering the availability of community infrastructure, the extension of Livingston Road, it is clear that the development of the subject property is timely and consistent with the GMP. Public Information Meeting: The petitioner held a Public Information Meeting on October 7, 2002, at the Kensington Golf and Country Club Clubhouse. Approximately 60 persons attended the presentation given by Hole Montes, Inc. During this meeting, several persons expressed the following concerns: 1. Concerns over proposed building height for indoor self - storage facility of 50 feet. The petitioner has modified the PUD document to reduce the maximum height from 50 feet to thirty -five feet. 2. Concerns with the indoor self - storage appearance. The petitioner has indicated that units comprising the self - storage facility will only be accessed from indoors and that the facility will be subject to the Architectural design requirements of the LDC. 3. Concerns with the proposed ingress/egress to Eatonwood Lane. The petitioner indicated that. the Livingston Road/Eatonwood Lane Commercial Infill Sub - district of the Future Land Use Element requires this access. However, because of these concems the petitioner is currently in the process of amending this Sub - district to eliminate the requirement for access to Eatonwood Lane. Agenda item No. 8A September 14, 2004 Page 11 of 71 STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward to the Board of County Commissioners a recommendation of approval of Petition PUDZ -03 -AR -3561 subject to the conditions of approval that have been incorporated in the PUD document and including the following additional conditions. 1. Eliminate banking and depository institutions (groups 6011 -6099) from the list of permitted uses contained in the Hiwasse PUD document. Staff has amended the attached PUD document to eliminate these uses. It should be noted that the petitioner does not agree with this stipulation. It is their contention that banking and depository institutions are similar in nature to professional offices. 2. The Hiwasse PUD zoning district shall not become effective until the pending amendment to the Growth Management Plan eliminating the ingress/egress onto Eatonwood Lane is ratified. The petitioner has agreed with this stipulation and has revised the PUD document to include this requirement. PREPARED BY: RAY BELLOWS, CHIEF PLANNER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES COLLIER COUNTY PLANNING COMMISSION: P' uZ O AR 3561. KA'asse PUS? 6 Agenda Item No. 8A September 14, 2004 Page 12 of 71 RUSSELL A. BUDD, CHAIRMAN REZONE FINDINGS PETITION PUD -03 -AR -3561 Division 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, and policies and Future Land Use Map and the elements of the GMP. The subject property is designated Urban (Urban Commercial District, Livingston Road/Eatonwood Lane Commercial Infill Sub - district) on the Future Land Use Map of the Growth Management Plan. This designation allows 91,000 square feet of professional and medical office uses or 200,000 square feet of indoor self - storage uses. Based upon the above analysis, staff concludes the proposed rezone, as revised is consistent with the FLUE. 2. The existing land use pattern. To the North is undeveloped land within the Related Group PUD. This project is a multi - family residential development with a density of 6.99 units per acre. To the East is Livingston Road and the Brynwood Preserve PUD that is approved for 160 residential dwelling units and at a density of 5.47 units per acre. To the South is Eatonwood Lane and the golf maintenance facility for the Kensington Park PUD. Lastly, lands to the west is the developed single family subdivision within the Kensington. Park. PUD that permits 570 dwelling units and 18 -holes of golf. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The rezone to the Hiwasse PUD is of sufficient in size and located within the Livingston Road/Eatonwood Lane Commercial Infill Sub - district that permits the proposed uses. Therefore, the subject petition will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with 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. The Proposed Hiwasse PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. EXHIBIT "A" P Zib3 AE 356 t, F1 Was PUD Agenda Item No. 8A September 14, 2004 Page 13 of 71 1. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed PUD is appropriate since the subject site has been reduced in depth due to aright -of -way taking by Collier County and the 235 foot deep FPL easement. As a result, the ability to develop the site for residential uses has been greatly diminished. In addition, the BCC approved the Livingston Road/Eatonwood Lane Commercial Infill Sub - district that permits the proposed uses contained in the PUD. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely influence living conditions within the neighboring properties due to the project's consistency with the GMP and buffering provided by the 235 foot deep FPL easement that serves as a buffer between the adjacent residential developments. In addition, the proposed rezone will have no significant impact on any adopted level of service standard. 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 5.1 and 5.2 of the Traffic Element of the GMP. These are policy statements advising that this project when developed will not excessively increase traffic congestion. S. 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, the Hiwasse PUD has been reviewed for consistency with the applicable regulations and required to mitigate all surface drainage generated by this project_ 9. Whether the proposed change will seriously reduce light and air to adjacent areas.. The Hiwasse PUD will not seriously reduce light and air to the adjacent properties. Furthermore, 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. PUDZ03- AR 1 -I€ -WSO P:Uo Agenda Item No. 8A September 14, 2004 Page 14 of 71 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed office uses and self storage uses and applicable development standards including landscaping and architectural standards within this PUD and the LDC are consistent with all Collier County requirements. As a result, staff is of the opinion that the proposed PUD will not adversely impact property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The undeveloped properties nearby should not be affected by the requested zone change in that the project provides a landscape buffer, provides increased setbacks and is consistent with the GMP. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed change will not constitute a grant of special privilege since the proposed PUD complies with the GMP. 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. Due to the right -of -way taking and the 235 foot deep FPL easement, the subject property is no longer suitable for residential uses. In addition, the project is being developed. in accordance with the existing Future Land Use Element, which permits the proposed uses. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The Hiwasse PUD complies with the GMP and will not adversely impact the scale, density and overall intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County, 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites that are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. Agenda Item No. 8A September 14, 2004 Page 15 of 71 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 area within the subject site affected by the proposed rezone is currently structured and consistent with the Future Land Use Element to receive such development. 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. The proposed change will have no affect upon those conditions. PUZZ -03 AR-0561. H ww. ,c, F'UD 10 Agenda item No. 8A September 14, 2004 Page 16 of 71 FINDINGS FOR PUD PUD -03 -AR -3561 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 Plan's 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. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the Hiwasse PUD document give assurance that all infrastructures will be developed consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Planning Commission and the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the GMP. 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. Documents submitted with the application provide evidence of unified control. The Hiwasse PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The subject petition has been found consistent with the goals, objectives and policies of the GMP. A more detailed description of this conformity is addressed in the Staff Report. 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. The Hiwasse PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. The LDC to assure harmonious relationships between projects automatically regulates external. relationships. . 1: PUDZ03 -AR -3561, t4 wL„ -s,- € UD 11 Agenda item No. 8A September 14, 2004 Page 17 of 71 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Timing or sequence of development in light of concurrency requirements is not a significant problem. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, 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, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. In addition, the Hiwasse PUD will not adversely impact any previous determination of consistency with the GMP. The project is also timely because the supporting infrastructure is available. S. 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. This criteria essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. PUDZ03 AR-2561. �11.11 rise PUD 12 �Ow C\1 O d 00 cq Ea- -0 a� c ,r ¢ in rna of 4m / annnnoa Nnim !a �S yy W g SPA et CU r) o A W $ a k R ## $� mnlltYlOi silk vavww VIWS ��, z s W u — atvlaaat� M �x x'�6 - -- -- ------ - - - - -- OWN musmiA � G� -- — � -- -- avw natmw�n a $6 xill iK 7I9i ' avow rvw -swaw Q 2 2 fp ww orrmrawan e� g W a o la gp - I R ^ 6 i 3 R 'ra m•ti �uimm on• �� 177 rna of 4m / Q W co SQ G Z 0 Q U 0 C t annnnoa Nnim !a �S yy W g SPA et CU r) o A W $ a k R ## $� mnlltYlOi silk vavww VIWS ��, z s u — atvlaaat� R �x x'�6 - -- -- ------ - - - - -- OWN musmiA � G� -- — � -- -- avw natmw�n a $6 xill iK 7I9i ' avow rvw -swaw Q 2 2 fp ww orrmrawan e� g W a o la gp - I R ^ 6 i 3 R 'ra m•ti �uimm on• �� 177 Q W co SQ G Z 0 Q U 0 C t CO /� T V ,b O Zorn E-- a> m co cU E a. a) Q A ;tV ----------------------- --- - - - - -' om 00 pUN01\ ��t7$1VirI�A� 61 - - - - -- PUD�2003-AR- PROJECT #2002090002 DATE: 418/04 RAY BELLOWS � r I � I I 1 1 1 , , __t s I 1 , 1 i il;u ,I , 1 1 , gel ; I � jl , 1 �• I , , j; , , 1 �1 11 I 1 1 II { I ; e � � o Y ■ W 6 H < V11 Z J „ CLs ac „ W y (C �X OW IL IL 1 4! ll 0 a W fA W x F Agenda Item No. 8A — Septembef -44; 2004 - -- PUDZ- 2003 ?A*e- 3$6j 71 PROJECT #2002090002 DATE: 1/8/03 RAY BELLOWS Environmental Assessment Report of Hiwassee 12.5 Acre Tract Sec. 13, T49S, R25E Future Livingston Road, Collier County, Florida December 27, 2001 Revised: January 5, 2002 Prepared for: Hole, Montes, Inc. 950 Encore Way Naples, Florida 34110 (941) 254 -2000 Fax: (941) 254-2099 conducted by Geza Wass de Czege, President !s, Inc., Woodford Ave., Fort Myers, FL 33901 41) 334 -6766 Fax: (941) 337 -5028 onmental Assessment Report Agenda Item No. 8A September 14, 2004 Southern Biomes, Inc. Page 21 of 71 Division of Environmental Information Services 1602 Woodford Ave., Fort Myers, FL 33901 - mail to: P.O. Box 50640, Fort Myers, FL 33994 Ph. (941) 334 -6766 - Geza Wass de Czege, President - FAX (941) 337 -5 Hiwassee 12.5 ac. Tract, Sec. 13, T49S, R25E, Future Livingston Rd. Extension, Collier County, FL Revised: January 5, 2002 Hiwassee 12.5* Acre Tract Sec. 13, T49S, R25E, Future Livingston Road Extension Collier County, Florida SITE LOCATION: The subject property is a narrow strip of land located approximately 1000 feet south of Pine Ridge Road, on the west side of the future Livingston Road Extension. The westerly property consists of a +/- 240 feet wide powerline easement. 1. VEGETATION MAP: A map of the vegetation associations, with the Florida Land Use and Cover Classification System (FLUCCS) at a 1:2400 scale (1" = 200% is provided. 2. VEGETATION INVENTORY: A brief description and dominant canopy, midstory, and ground cover are listed according to habitat types identified on site. UPLAND COMMUNITIES 1( 2.50 Aces : There are five (5) upland communities associated with the property, of which approximately 2/3 of the area is associated with a powerline easement. The following is a summary description of each community. Undeveloped Land With in Urban Area -193: (2.45 acres) Approximately half of the developab, area is associated with this community. It consists of a previously cleared area for agriculture croplands, and has been maintained in a ruderal condition by periodic mowing. Vegetation is limited to grasses, sedges and weedy plants such as smutgrass, casia, sida, rustweed, dogfennel, ragweed, beggartick, foxtail, torpedograss, spurge and sandbur. Spoil Area/Horticultural Dump Site -743: (2.07 acres) This disturbed community makes up the larger portion of the remaining half of the developable area, and consists of a previously cleared area for croplands that has been used as a horticultural dump site for the adjacent golf course maintenance facility. Vegetation is minimal because of the organic fill. Powerline Easement/Ruderal Land -832 1193: (5.95 acres) This area is associated with the powerline easement. It consists of a previously cleared area for agriculture croplands, and has been maintained in a ruderal condition by periodic mowing. Vegetation is limited to grasses, sedges and weedy plants such as smutgrass, casia, sida, rustweed, dogfennel, ragweed, beggartick, foxtail, torpedograss, spurge and sandbur. Powerline Easement/Horticultural Dump Site - 832/743: (0.76 acres) This area of the powerline easement is a disturbed community consisting of a previously cleared area for agriculture croplands that has been used as a horticultural dump site for the adjacent golf course maintenance facility. Vegetation is minimal because of the organic fill. Paved Maintenance Access Road -8145: (1.27 acres) This cover type consists of a paved road used for accessing the maintenance area for the adjacent golf course. -2- Agenda ltem No. 8A September 14, 2004 Southern Biomes, Inc. Page 22 of 71 Division of Environmental Information Services 1602 Woodford Ave., Fort Myers, FL 33901 - mail to: P.O. Box 50640, Fort Myers, FL 33994 Ph. (941) 334 -6766 - Geza Wass de Czege, President - FAX (941) 337 -5028 Hiwassee 12.5 ac. Tract, Sec. 13, T49S, R25E, Future Livingston Rd. Extension, Collier County, FL i Revised: January 5, 2002 UPLAND COMMUNITIES SUMMARY CODE DESCRIPTION ACRES Uplands 12.50 acres 193 Undeveloped/Ruderal Land in Urban Area 2.45 743 Horticultural Spoil Area 2.07 8145 Paved Maintenance Access Road 1.27 832/193 Powerline Easement/Ruderal Area 5.95 832/743 Powerline Easement/Horticultural Spoil Area 0.76 TOTAL 12.50 Fish, Wildlife, Listed Species and their Habitats Pursuant to paragraph 4.1.1(a), an applicant must provide reasonable assurances that a regulated activity will not impact the values of wetland and other surface water functions so as to cause adverse impacts to: (a) the abundance and diversity of fish, wildlife and listed species; and (b) the habitat of fish, wildlife and listed species. In evaluating whether an applicant provided reasonable assurances under subsection 4.2.2, deminimis effects shall not be considered adverse impacts for the purposes of this subsection. Resuonse: An endangered species survey was conducted on October 3, 2001. One listed endangered or threatened wildlife species was found (the gopher tortoise), and one listed endangered or threatened plant species was found (the leather fern). The following describes the survey and the results. IBM Agenda Item No. 8A September 14, 2004 Southern MOMS, Inc. Page 23 of 71 Division of Environmental Information Services FL 33901 - mail to: P.O. Box 50640, Fort Myers, FL 33994 1602 Woodford Ave., Fort Myers. (941) 337 -5G Ph. (941) 334-6766 Geza Wass de Czege, President FAX Hiwassee 12.5 ac. Tract, Sec. 13, T49S, R25E, Future Livingston Rd. Extension, Revised: January 5, 2002 Endangered Species Survey Methodology: The entire project site has been field surveyed for endangered species using a modification o the transect line methods established by the Florida Fish and Wildlife Conservation Commission (FFWCC). The modified survey methodology has proven effective in covering 90-95% of the sites surveyed. The modified strip census uses meandering transect lines at 75' - 100' intervals. The meanders extend into adjoining transect lines to provide a near 100% coverage. The frequency of the meanders is determined by the ground cover and visibility. More densely vegetated areas receive a greater frequency of meanders, thus decreasing the area between meanders in some habitats to as nears as 12' apart. If the terminus flagging markers of the transect lines are not visible, then survey flagging tape is attached to vegetation at the outer extent of the transect meanders to mark the coverage area for that transect. The visibility of the flagging tape assists in maintaining the transect direction, and is used as a gauge for determining the frequency of meanders within a transect area. Each tape must be visible from the previous meander. On the subsequent transects, the flagging taps is removed and relocated at the outer limits of the transect area. Faunal species which do not lend themselves to the typical transect line survey methodology typically used for determining stationary floral and faunal species, require an additional method of observation. These species can be best observed by using game stalking techniques and periodic observations with field glasses at frequent intervals along transect lines. The frequency and duration of observations are determined by habitat density, species observed, and the stalking skills of the observer. The ability to blend into the surroundings is another key requirement for success. Any species observed were noted on an aerial photograph as to location and number of species sighted. Species presence and abundance on a given site cannot be determined for all species listed. Therefore, fauna which are mobile, transient, or deceptive are not always observed during a typical field survey such as required by Collier County. This is especially true for species abundance. Therefore, the status of each species is listed as to presence and numbers observed, an, those species which can be reasonably surveyed for abundance are provided with such data. -4- Agenda Item No. 8A September 14, 2004 Southern Biomes, Inc. Page 24 of 71 Division of Environmental Information Services 1602 Woodford Ave., Fort Myers, FL 33901 - mall to: P.O. Box 50640, Fort Myers, FL 33994 Ph. (941) 334 -6766 - Geza Wass de Czege, President - FAX (941) 337 -5028 Hiwassee 12.5 ac. Tract, Sec. 13, T49S, R25E, Future Livingston Rd. Extension, Collier County, FL Revised: January 5, 2002 Habitats Surveyed: Observed Qe Description Species 193 Undeveloped/Ruderal Land in Urban Area 0 743 Horticultural Spoil Area 0 8145 Paved Maintenance Access Road 0 832/193 Powerline Easement/Ruderal Area 0 832/743 Powerline Easement/Horticultural Spoil Area 0 Endangered Species Observations: Below are listed species that are typically expected to be observed within the habitats identified on the project site, or similar habitats within Collier County. Observation notes and comments are made on each species. Endangered Species Expected to be Observed on Similar Habitats UPLAND SPECIES: Common Name Scientific Name Obs. Comments Southeastern kestrel Falco sparverius, paulus no not observed Eastern kestrel Falco sparverius, sparverius no not observed WETLAND SPECIES: Common Name American alligator Eastern indigo snake Little blue heron Snowy egret Tricolored heron White This Wood stork Everglades mink Scientific Name Alligator mississippiensis Drymarchon corais couperi Egretta caerulea Egretta thula Egretta tricolor Eudocimus albus Mycteria americana Mustela vision evergladensis -5- Obs. Comments no Possibly during season no not observed no not observed no not observed no not observed no not observed no not observed no inappropriate habitat Agenda Item No. 8A September 14, 2004 Southern Biomes, Inc. Page 25 of 71 Division of Environmental Information Services FL 33994 1602 Woodford Ave., Fort Myers, FL 33901 -mall to: P.O. Box 50640, Fort Myers, 941 337 -5r Ph. (941) 334 -6766 - Geza Wass de Czege, President - ( ) Hiwassee 12.5 ac. Tract, Sec. 13, T49S, R25E, Future Livingston Rd. Extension, CRolliier County, FL5, 2002 Discussion and Conclusion: 1. As noted, there were no listed or endangered species found during the survey conducted on October 3, 2001. 2. Because of the openness of the area and the potential for wading bird foraging within the drainage ditch and disturbed area, there is a potential of finding wading birds during the rainy season. However, none were observed during the survey. Endangered Species Expected to be Observed on the Subject Property Common Name Scientific Name -- Obs. Comments not observed Little blue heron Egretta caerulea no not observed Snowy egret Egretta thula Egretta tricolor no no not observed Tricolored heron White Ibis Eudocimus albus no not observed Wood stork Mycteria americana no not observed Agenda Item No. 8A September 14, 2004 Page 26 of 71 APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: Date Received: 1. General Information: Planner Assigned: _ PUDZ- 2003 -AR -3561 PROJECT #2002090002 Commission District: DATE: 1/8/03 RAY BELLOWS ABU VE TO BE COMPLETED BY STAFF Name of Applicant(s) HIWASSE, INC Applicant's Mailing Address 2700 PINE RIDGE ROAD City NAPLES State FL Zip 34109 Applicant's Telephone # 239 - 643 -4440 Fax # 239 - 649 -0427 Name of Agent ROBERT DUANE Firm HOLE MONTES INC. Agent's Mailing Address 950 ENCORE WAY City NAPLES State FL Zip 34110 Agent's Telephone # 239 -254 -2000 Fax # 239 - 254 -2099 Agent's E -Mail Address: BOBDUANE(a),HOLEMONTES COM COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES /CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403- 2400/FAX (941) 643 -6968 W:\ 2001 120010761PUD\APPLICATTON.doc Agenda Item No. 8A September 14, 2004 Page 27 of 71 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: N/A Mailing Address City State Zip Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address City City State Zip State Zip Name of Master Association: KENSINGTON PARK MASTER ASSOCIATION INC.. Mailing Address 1044 COSTELLO DRIVE City NAPLES State FL Zip 34103 Name of Civic Association: N/A Mailing Address City State Zip 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entiret; tenancy in common, or joint tenancy, list all parties with an ownership interest as we as the percentage of such interest. (Use additional sheets if necessary). Name and Address W: \2001\2001076\PUD\APPLICAlION .doc Percentage of Ownership Agenda Item No. 8A September 14, 2004 Page 28 of 71 b. If the property is owned by a CORPORATION, list the officers and stockholders a the percentage of stock owned by each. CREATIVE-TRADERS FINAN ANSTALL, a Liechtenstein corporation Name and Address, and Office Percentage of Stock Jeffrey Man an - President Kenneth Johnson Vice President(R.A Timothy Maurais Treasurer (See attached list of beneficial owners) (The address for all officers listed above is 2700 Pine Ridge Road, Naples, FL 34109) C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust wil the percentage of interest. Name and Address Percentage of Interest d. If the property is in the name of a GENERAL or LIMITED m PARTNERSI-lIP', list th name of the general and/or limited partners, Name and Address Percentage of Ownership C. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, Corporation, Trustee, or a Partnership, list the names of the contract purchaser below, including the officers, stockholders, beneficiaries, or partners. Name and Address W: 12001120010761PUDWPPLICAnON.doc Percentage of Ownership Date of Contract: Agenda Item No. 8A September 14, 2004 Page 29 of 71 EXHIBIT " W Name of Corporation, Partnership, Trustffrustes: Htw=e Inc. Name: Creative — Traders Finanz — Anstalt A Liechtenstein Corporati on — Address: 2700 Pine Ridge Road Naoles Florida 34109 Name: Address: Name: Address: Name: Address: Name:_ Address:, Name Address: Name: Address' Name: Address: Name' Address: Name: Address: Name: Address: Name: Address: Name' Address: Name: Address: Name: - Address: Name: Address: Name: Address: Name: - Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Narnw NYM3100 311310009 A1....+•. #O'd 90 :91 ZOOZ LL 130 8IZt-9E4- 66Z:xed _A Agenda Item No. 8A September 14, 2004 Page 30 of 71 MWASSE, .INC. --- Beneficial Owners PRORATASAAR NAME 41.5% Antox Rebhalde4 CH 5620 Brcwgartcn 7.0% Rami A G — Tony Steiner RehheMe 8, C7T 5620 Brensgarien 4.0%- Dares AG — Tony Steiner Rebhalde 8, CH 5620 Brmgareex 10.0% Erich Fan Sentenhaebel 19, C77 $620 Brvmganen 10.096 Roland Stierll Zugers'&Wse 19, CFI 5620 Brensgarten 3.0% Willy Koch Schloessliweg 21, CH 8702 Zollikon 5.0% Robert A. Mynas Weinbormasse S, CfT 8700 Kaesnacht 1.0% Leanhard FuegliRtaller BirchWc91, CH 8964 Rudalfsuven 10.0?{► . Hams-- Ulrich Maeder Rebbag 16, CH 8113 BoppcZwu 3.0% Kenrad Skmers CaMeRstnasse 21, CH 8032 Zuerkh 1. S96 Alois Luatolj Waltexsebwilerstr=e 2, CM 5610 Wohlax I.Og6 Walter Staubbt ZueFebershmse 3, CH 5620 RMmsenen 3.0% Marcel Balmer Laercka" trasse 39, CS 8953 Die wwx 3.0% Eagen Bolling Bald ef,esacAW 446, CW 5453 RensetschwH 1.0% Leoni Freidex Birracecker 2S, Cf7 8966 Oberwil- -Lieu septe$;MWOK .x,— /9.s'o 015665 5 .,,egR 42 M ;8; . I . to 0 CM ER COUKY shim UWty Est proper" by: , or% - John X. . tatgtizs !'ORMlTE, BILOGMt ire, a , T.A. Soo rim avattns south, suite 210 . llapl0s, norida 3394o REC . oPRMoc _,yp t�sct� ■uaa>Krt r INO ._ - o! qu= 19922 by a 6Vasssa a a . as Trust under W34 asemt Umber 1966 A, dated Daoaabar 21, 1985j, " JOffi1 >t. iRD00>c1t, as Trastaa valor Land Trust agreement Nu�abor 36- 24 -35, dated DR, as r 2 s 1961, harsinattaz called the Grantsr, to tf SXZ, ZSC., a Florida corporation, whom• po i tiaa address 1st 8Z Soo rim &vWWa south, suite 2101 xaplas, Florida S =96o, haraih called the granteet ��11��!ra►0r vsed herein the tars •grantor' and Ngranteev iaolbde 83.1 'I:ba parties to this` instzwmMt and the hairs, legal reprasentativas and assigns of individua.l0 and the sncoaesors and assigns of corporations) it That the grsntor, for and in* OmmUeration a � smt o! $IO.Oo and. athar valuable oonaidarations,ecaipt xh ! is haraby acknonl -dgad, has'eb7 greats, bargains, sells, aliens, rssises, relaasas, convsys and ooatirms veto the grantee, all that certain land . situata is Ca3liar •Cmwty, rlorids d.saribad as followst 1100 rxhibit "A", ittadmd hsrato and made a part baraot, s . ZDQ:S� with all the tam ments, harsditamants an sppurtanancss thereto belonging or in anywisa appertaining. TO 31LR .AM TO NMD* the same is !110 simple forever' i= the grantor hereby oovanants with said grantee that tb grantor is 1aWfuily seized of said land in fee simple l that tb has good right and lawful authority to sell and convey sat �,�and hereby warrants the title to said land will dr thr i sass against the lawful claims of all i arsons Claiming by . tbsouS or wader the said grantor. ��us+entarr Stamp 1a% s Ctass'C' IatanLmu t�ceived s ,,,,sat Provonr Tax .:,....� rowEl C ur n CLOK co p RY f f$,,•s{ ; Agendd Item No. 8A ' .i • September 14, 2004' 1•4 _ Page 32 of ,7-1• • - • 1'95' • , oa46os� ..' PAGE ' OR BOOK ; a timmit vmmn0l, the, said grantor, has signed sad sealed these presents the day, and year first &bore written- SL ad and witness our presenoa: . x : • taws 'T r Joj= S as Tsttstee tmd t. Agreement number 1Da6 -A dated December 214 1916 v,yss Tstistae Asia M-Mool 23mat Agremeat Number s6- 24-34, dated December 22, 1966 sTAT� ar rsa�zD�► • caaxT�c cy COMM I I cDSATnPT that on-this dap, before ae, an officer duly authorised in the State aforesaid and in the %"~Ma aforesaid to take aolc�owledgments, personsaly appeared .TOWS �. ' as Trustee under Lad Trust Agreement �tt�abar 1996 -As dated Deoembar 21, 1196, and as Trustee under Land Trust Agreement dumber 36 -26- 36, dated Deoembes 22, 1966, -knova to me personally to be the parson described is and who executed the loragoinq instrument and he acknowladged betore as that he axaouted .the same, on behalf of the reapectiVe Land Trust Agreaments• N=NM s3► and official a�.+ �&�I ,I!n tba County and State last aforesaid this $ day of `7f7Alt L/7 O I Susanne SMMrd ity Commission Expires t 9 2JW fh)WA;: .. •., js� stsiner\sssement.awd . rX., A M.' ic i Agenda lterf �No. 8A ' • September'M, 2004 __ .. _ _ •- - Page 83-of -71 " -- WllljAit C Ma kW AND AlSOQJIiBl, l.A. � v�.oK iva aws,uua a • tsamrat erisvm !? . 1X972TT'11A* O The Raft 310 feat of the southeast Qua=rter and the East 510 fsat of the southeast Quarter of thi northeast Quarter = O Ca m located in Section 13, Township 49 South, Range 23 Mat, Collier Countro Florida, Ian AND LXCSPT the following frog the above described ; parcels Caaenainq at the Southeast corner of Section 13, Town- ship 49 South, Ntanga 25 Rest, Collier County, Florida and sum NNortL 00'0964711 lest along the sastarl7 line of said Section ].3 for 2125.91 feet= thence run -South 82.3091.311 Mast. for 120.00 fast to the POIXT OF ' 3SGZNi- O MUD; tbenoa continua South 89x50113.11 Mast for 290.00 feet= thence 0 o real North 000091470 last for 430.00 foot= b�. tbanoa run Noorth 99.50134 Last for 390.00 fastj thence C-) Ca ruin South 00.0964711 Rant for 430.00 foot to the Point of m4ianing, containing 3.8 acres Rare or less, sub- � ject to easements, restrictions and resarvations of record. - RMXZRVZM TO. TSE GRANTOR a Drainage Easement, with the right to atcavats or construct improvements thereon, over and ' aQ=Oee the South 100 fiat of the East 510 teat of the South- " - Oast Quarter ot•Section 13, Township 49 South, ]tangs 25 _ Rant, Collier County, Florida. Prepared bar: CArDI , .Z. Florida Reg. Np. 5013 ,�.•.'" »•.,� . 11''; ' Revised llov. 11, 1991 • : ' : ;�::;' • Revised Fab. 11, 1997 .,Nw f .i — - -- �-• _ Agenda {tLrn No. 8A t Septernbet 14, 2004 • Page 34 of •q1 • OR BOOK PAGE . 12. 7 ; 13 18 , SKETCH: QNL, ' M? A MAtT SECTION 13. TOWNSHIP 49 SOUTH. w } RANGE 25 EAST i uvwwn?m ROAD —"wom FVrLMt 13W I ! ,7 I ! nrtuec uwrestoN NX PAL .. ! . 12MW UM) L_� !! t! SKETCH PREPARED BY: VALL1AM C. McANLY de ASSOCIATES. P.A. � ! 5101 EAST TAMIAMI TRAIL, SUITE 202 NAPLES, FLORfOA 33962 (813) 775 -0723 FMVMW Nov ». rrnr ! ' Rmsm FEa. ft. 1 "s oo• a�uwAa rAx r+r 24 9 r.ac ' T '11 di �rl • .7d� �Ni�1I� c°:t o wit AUT=T�T VWPTs '�md � so 3T em e4 asoes osq� 1 = aT w ��147 Tdit GOP Ais� Asper= "a '�Tt q� =Fm WTq�"d G7 snob" cos tees =2 •gA%A;2= am AR Pe=gmg OR onv = ' -w�PS .n c° stgssTts sass aT � �W . 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L MJWIs L412"r liti�/aMAM, oaadeaatgt.isat, ee r. np raslaea<bla batrsapst tees. =bo cost thsceet, th iattaewtic tboraaat tees tilts dots a! pspaeat at mambos LUtas-m* sgb alloomble Mdes flo rids IM papa . !" ass. sdan &UM be wagoved by this worb opo. ` s. Zf t� pel�ent for !!t that mote is =4 Arid withLU 30 dais it seseses it is this sort4tt4g Otber shear ear say Mceesaat tbss tote apeweaent to sat the patgagta is fW a period at 30 the intbe 4=1 bas� at gipt aseaza" i t, it become d"* at they option of the Leadaar sad the &ANEW mo toevalowe • awtgpnp U the aaaatet Pcow ded to, i�aiohtiinees �alto eOOO�dN— Ja�tt aae�Osdia� efi t�a�aiooYS� ayaiast the sevarL, sac aMkar/bocroves stall aoowme end baw intecout oa the debt dam at aatd� iaterast sate alloaablt wdw Florida Uw per Yaws usd:il paid. . • present toss tote=s seats aid pa:o�its Ot the aost�ga4ed �7p.�t�ril�l �pnaea zas 1 •asaigm,aat at the watts ittstl e _isia and taMthtu 'lip " d bra /sepia snit so U vcar sk silts mum "m Shall not be. iu + w Mtaolt ioata nmw with ssOpeat to paYsea a awe psiasalpal and /or iatarest doe on Chia load, or is the pwa:toc>.attoe art rap' otter abii"tioa oa the panto of . bocsowW to, be -' . partacaed , but Lis pesaLwaiea tessiaat and the essi+¢asr�ats bba�poaoos aboo3atba os tlra 000atro FI F at detaatit ar beleaolt of oarent�att� sad upon wittom ommod swig. bt =wads.. an Landes ul ht rsspotrsibL ee�Zt toe swats eoL ost by Landon, and rests ba to fte, sa�twove Mbtg and to peotaot %ba s rtpaled pt•+opemb7o ' . rs pteseeediwpe to tamseleia this trertle" ami gated, tit arms t � bwwLW- lucleAtok" p Wwwoot oboe%& tdaa saw �r the t "Efts 3ec�! 4kat aloe ;7sd�s�l�tl��lQ . �� *I Cal Di tai n if slow! iiws swwirt i1 Zo'lp�a ti�w �ardumm at 1 iO=Ov td1a�- tha s ow o seom�ltt. as Zft socraree obaU. mot (witboat the pariew written OOfle!!t at tbo Letadarl esocttiwr eqp J=6.,. 6. in trite =--h qed :Y,tr n With to i4 'any aptiaa parahasa sales or parait ort ltetr at lattrosb Sat the aect+jwpw� psopestt. to zt the mm t 'that this sec Wdu detaults. in UW paYseat nr condition stlpolated In mw prioar awtgapg or in the estttt of ar datauit ltt a pariaa:a�t�pa 00 as to cause soaat p=lea; aacbWa4e to bit 'ooettiaatatoe aooelecgte 1 sand become duo gad parable dasiuq t bt of 'this . soubpgpg, ea• it M -wore. sompts >te4it4ctt:4a0 { ! III wL•ilnm wrsR��S��w fthe portion becato loess the dar and low: 4ndirc a. set tbair h�o •ismed is the peewtoa mil. 2"o-, a • oq t ; t laves Anne lasso 9 A M'si,.t Y ?real son I Agenda Item No. 8A `:+ •' j September 14, 2004 Page 87 of 71 • � .00tki2 '• • 001967 '. -r OR PAli tss�sa • t stiff MAU& s;oa ° sraa t]/ T� Comm Or CUUMM Z »! CMwx twat an tbis der; betose not a Xotwy rtblio, diet2Y atthatisst in tba "A" =4 coum y mum above is tsesaaal2y apreasat dealt W. W-11 c, as �Ir , e=tl`r • ��• aC., a 7iacida oerr�ac%time ea beba1z. at the ooepesa is is patsasit121 knoft to si. aad did set taloa at oetku tbii �aW � a Staiaial�Mal is the ooa>atr and state need abars i PrinUd naae ' 31 oaseeiM � pwizust . f - seas or rxAx m► Z sssss! Ow"PS3IF teat on this day, batot.a me a "b 'a day paewtt]�tooatiasad is the state and Oo�ttnglyq mu" above to tabs •aifcarla8gs>«sts • 3s passaaallta+ra t� teed d!�• �t take1�aAd es ?testes. sa mess ay ]sand and ottiaial seal'• is the Cotton am stats =am aba" th" Ow of 3A isl4. C cyl 4 �OOiiN�etl e7lj Lr st tA11ta! AMM a e>rwt ?•r aMwiot • s I N •e, a r 1 •• ..•.•6.. • •. • • -Agentia item No. 8A . •• 't : • September 14, 2004 • Page 38 of 71 . ' 2 • to to �� MIAIa1►slA �1tA.. •' co v as tlaa soot as post K an vownwa.t •- wo - me as a.* !sow ft" K "M Mstass lMrwr K the nwetswt saarr 46 AM of Mme• sa7a is i.st• ew O fir• l w%dl , O &INS AND MO!! We _tosswrl" tsMw W &Mlvw MMasst*i srwawslw* at t%a 0000060t OM Mr K OMMasMw 12 � W a..t• Oau►.e Ovolobw . wat, 44=1"+M lost asaa f 00 00106 MY fir' Lim .e Irk aW waoelaw ss tar DIMA1 2"k . bows rw MW eo•w0•W rMat s* 1ss6aw 8044 to a* MOM or u0swo- o am! 11mm nw s w4ls io IMaa% "Ouft1M vss6log 1M•ea .p v e ►say tiMaw not north w wo4r nook [Mr an.os 1004 s- two" e.w I W a s"61?M nowt tar 11690 ewty ta.a.s m v on neat% M•M0470 Not 9W 43$•» that is the plait: -• of aa0l.wla0, wO :.n a.r.o Me patio .rac jMMt 11ee00 raMlslalsaa. owL ssaMewslaa. .t , r OK v treaevtaw ss In wM11Ha a "Sion" aww we4 with "M slot to orM.raN or aMM�s "t l%vww ss ws"*A Warsaw$ Oran M aalMM "a Nook sw Nat of an Most =9 last at the swag w tad Wootton wR b.aUMw is, s"w "r. at swat%, Raw" t! bat. w.lilar OM■1RY• siMesia. �t'' • gave Not sou ME'lows It* 2"R wMlaM !M►6 sl� 1!!t i7 APT @ • St i t t i • yi , . - - Agenda Item No. 8A September 14, 2004 001967- ' • • 00141 age 39 of 71 OR ONK' ` PAGE l�14 0, 000. oe Naples, riorida' - senuas 14, 19041 I= VU= REMELVM, the isndsrai,gssLd, R jointly and severally, if toss than' one)# promises to pay to WAW= Wmat and ZU A MM fit, busband ad wile or order, in the manner aa hereinafter opsaifisd, the priipsl sus of ors 1sD1t0" MOWN. ssoUSSM Alm r0 1100 DOLLUS ($140,000.00) with interest tram data,. at the vats of twalve per cast (13.01) per aeries on the balance:• from time to time remaining Uespaid. The said principal and _11 ____1 shall be payable in lawful many of the United States, ats . 22119 oultsbore 111vd., N to liaplM4FL 302 33940 .t or sit soak plain as any bsreinattsr be designated br written notice from the holder to the rksr bersaf, on the date and in the mamar loliowissgs i Maker shall bars the right -to prepay all or part of the pig ]L at any time or times with interest to .the data of payment t Tbis• Note with interest is secured br a1 Mortgage on real F ate, of even date herewith, made br jam It. DROMICR, kwiduslly and ax- Trustes, in favor of the said Perm, and shall boa o trued sad enforosd according to the L of the stets cf Zt default be made in the payment of a: *sy of the xvi fts' or interest mentioned burning or in said X1Wtqaqn within tittss:i (15) days otter it becomes• dos or in the performance of asst of the a inters shilhe tr th Own the of entire the ho�hersoc brooms at onoe doe and oollsatible without nation, in time baq of the bear tarsst tram such ties untilaoa:ued interest shall both allowable seeder the laws of the Staten of ! orida.rraailuss rate eaa�toise this option shall not constitute a waiver of the right to asssraise the name in the -wont of any ou1magnsat default. much liable hereon Whether maker or t o we promet., tioe, notice of protest and aoti of disbooar end sire to pay all : costs, Lndludinq reasonable attarneys' faam, wbetbar snit be I , gbt or scot; it, attar maturity of this Mots or default bereunder, or under said 1larty— I counsel sbali beayed to collect this xots or to ptal- nh the sec=ity of said Mactvageo ISssastst used hersins, the tares •bolder• Laaker s and •payee" shall be oartsved in the sin gulae or plm'al u the ocntaxt mar require or admit: Mahar s s Address s Aa doe 11th Avense south, Suits 220 , Staples, rlorida 33940 as. for Park ds lnpsoi��!!n=\i -�stt. Says Agenda Item No. 8A September 14, 2004 Page 40 of 71 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired (see attached deeds) leased (): Term of lease ,_yrs. /mos. 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 responsibility of the applicant, or agent on his behalf to submit a supplemental disclosure of interest form. -- 3. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than 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 last six months, maximum 1" to 400' scale) 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 survey may be required. Section: 23 Township: 49 South Range: 25 East Lot: Block: Subdivision: N/A OR Book 1695 Page #: 000605 Property I.D. #: 00258970908 Metes & Bounds Description: See attached Exhibit `B" Legal Description 4. Size of property: 390 ft. X 1400 & = Total Sq. Ft. 546,000 Acres 12.515 5. Address /general location of subject property: located 1400 feet north of the intersection of Eastonwood Lane and Future Livingston Road W: \2001\2001076 1PUDWPPLICATTON.doe Agenda item No. 8A September 14, 2004 Page 41 of 71 6. Adincent zoning and land use: Zoning Land use N A/P.U.D. Vacant portion of Related Group PUD and Kensington Park PUD S P.U.D. Kensington Park Maintenance Area and residential development E A/P.U.D. Vacant/Arlington Lakes PUDByrnwood PUD W P.U.D. Kensington Park/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 page). N/A Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: 7. Rezone Reanest: This application is requesting a rezone from the Agricultural zoning district(s) to the PUD zoning district(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the property: Professional office or medical use buildings B. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners 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 noted below. Include any backup materials and documentation in support of the request. W: \2001\2001076\PUD IAPPLICATION.doc Agenda Item No. 8A September 14, 2004 1 + Page 42 of 71 AFFIDAVIT WT , ) 6rf M,4136A K) being first duly sworn, depose and say that gall an✓etra t VY the property described herein and which is the subject matter of the proposed hearing; Mt 'answers to the questions in this application, including the disclosure of interest information, all sketches, 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. WeII understand that the information requested on this application must be complete and accurate and that the content of this 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 required information has been submitted As property owner We/I further authorizA 12 t`'R'� � to act as our /my representative in any matters regarding. this Petition. Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner T3iMM;��asidenti cknowledged b or day of ZQO °? . �, who ' ersonally known to or has pro duced ication. �--. State of Florida (Signature of Notary Public - State of County of Collier Florida) C.-� \-fie P&�IVQY-� L"Dow (Print, , or Stamp Commissioned CtIIF a�,d.darloMM Name of Notary Public) ftaugh (0000 Flcsa. NctWy fan., b& Agenda Item No. 8A September 14, 2004 Page 43 of 71 EXMIT "B" LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED . AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00°15'37"E., ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1319.79 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N.89°23'53"W. ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 120.01 FEET TO A POINT 120.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHWAST QUARTER OF SAID SECTION 13 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.0(r15'3TE., PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1321.49 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.00°09'4TE., PARALLEL WITH TEE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 73.69 FEET TO THE MOST NORTHEASTERLY CORNER OF EATONWOOD LANE, A 130.33 FOOT RIGHT -OF- -WAY, AS THE SAME IS SHOWN ON THE PLAT OF KENSIGNTON PARK PHASE THREE -B ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 5 AND 6 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.89°50' 13"W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE B, FOR A DISTANCE OF 390.00 FEET; THENCE RUN N.00°09'47 "W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE -B, FOR A DISTANCE OF 73.36 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N. 00)15'37'W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE B, FOR A DISTANCE OF 1150.79 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID KENSIGNTON PARK PHASE THREE -B; THENCE CONTINUE N.00°15'3TE., ALONG THE BOUNDARY OF KENSIGNTON PARK PHASE 3A ACCORDING TO THE PLAT IH REOF RECORDED IN PLAT BOOK 26 AT PAGES 51 AND 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 176.7.4 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.89°23'53"E., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEASTER. QUARTER OF SAID SECTM 13, FOR A D TANCE OF 390.05 FEET TO THE POINT OF BEGINNING: CONTAINING 12.515 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENT'S, RESERVATIONS OR RESTRtUCTION OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 49 SOUTH, RNAAGE 25 EAST, LEE COUNTY, FLORIDA AS BEING S.00 °15'39'E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 W:\2001\2001076NMEXHII37 B LEGAL DESCRIPTION doc Agenda Item No. 8A September 14, 2004 Page 44 of 71 Hiwasse Commercial Center Narrative The subject 12.5+ acre property is located in the western side of Livingston Road and is between station 270+80 and 286+80 of Livingston Road (the centerline intersection of Pine Ridge Road is station 300+00). This proposed project has about 5.0 acres of commercial on the eastern side of the property and 7.5 acres of Florida Power &. Light Fsaement on the western side. Eatonwood Lane is located on the southern property line of this project. The project has been broken down into 2 types of watersheds; one in the commercial tract and the other grass FPL easement tract. The commercial tract has to provide the required IN' pre - treatment dry detention, which is the parking lot runoff prior to discharging into the County storm sewer system. The control structure will be located at the southern end of the site and the discharge pipe will terminate at the Collier County's 18" RCP which is stubbed into the site at station 274+50. The storm water management plan is based on Dry Detention. The Livingston Road storm system discharges into a storage basin at station 238+00, and it is designed with a 10 -year water level of 10.05 NGVD and a designed 25 -year water level of 11.78 NGVD. This basin discharges into the I -75 canal 5,000 feet east of Livingston Road, the canal has a 10 -year level of 9.6 NGVD and a 25 -year level of 10.5 NGVD. On the eastern side of the proposed Livingston Road is a ditch with a bottom elevation of +5 NGVD. At the time of the survey for Livingston Road the water level was elevation 7.3 in the ditch. Based on the cross- sections of Livingston Road from Station 270+00 to 290+00 the existing ground at Idiwasse is about elevation 10.6 +/ -. The assumed wet season water level at the site is 8.0 NGVD. Agenda Item No. 8A September 14, 2004 Page 45 of 71 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST 1. NAME OF APPLICANT: Hiwasse, Inc. 2. MAILING ADDRESS: 2700 Pine Ridge Road CITY Naples STATE FL ZIP 34103 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4. LEGAL DESCRIPTION: Section: 13 Township: 49 South Range: 25 East Lot: N/A Block: N/A Subdivision: N/A Plat Book Page #: Property I.D. #: 00258970908 Metes & Bounds Description: See attached legal description 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): &.. COUNTY UTILITY SYSTEM b . CITY UTILITY SYSTEM ❑ c . FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d . PACKAGE TREATMENT PLANT ❑ (GPD capacity) e . SEPTIC SYSTEM ❑ 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ❑ c . FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PRIVATE SYSTEM (WELL) ❑ W:\2001\2001076\PUD\APPLICAnON.doc Agenda Item No. 8A September 14, 2004 Standard Rezone Considerations (LDC Section 2.7.2. S) Page 46 of 71 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. S. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. 6 Whether the proposed change will adversely influence living conditions in the 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 trait, including activity during construction phases of the development, or otherwise affect public safety. 8 Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 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. 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 W:\ 200112001076 1PUD\APPLICATION.doc Agenda Item No. 8A September 14, 2004 plan and as defined and implemented through the Collier County Adequate Fu is of 71 Facilities Ordinance [Code ch. 106, art. H], as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. 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 characteristics 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 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. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD 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. S. Die adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 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 whether 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? W:\2001\2001076\PUD\APPLJCATION.doc Agenda Item No. 8A September 14, 2004 Page 48 of 71 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 the pre - application meeting notes; b. If this rezone is being requested for a specific use, provide twenty F20) copies (this includes: HUI if affordable housing, Joyce Ernst, if residential and Immokalee/Water Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8 %2" 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 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 matrix indicating required and provided 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, a. An architectural rendering of any proposed structures. b. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC) , or a request for waiver if appropriate. c. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve 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 shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). d. Statement of utility provisions (with all required attachments and sketches); e . A Traffic Impact Statement (TIS), unless waived at the pre - application meeting; W: \2001\20010761PUD\APPLICATION .doc Agenda item No. 8A September 14, 2004 Page 49 of 71 f . A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre - application meeting); g. 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 permits. h. An electronic version of the PUD on a disk as part of this submittal package. W: \200112001076\PUD\APPLICATION .doc i Agenda Item No. 8A oRDINANCENO.oa- September 14, 2004 Page 50 of 71 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9513S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL ZONING DISTRICT TO "PUD" COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO BE KNOWN AS THE HIWASSE CPUD CONSISTING OF A MAXIMUM OF 91,000 SQUARE FEET OF PROFESSIONAL OFFICE AREA IN A BUILDING CONTAINING A MAXIMUM OF 200,000 SQUARE FEET OF INDOOR -SELF STORAGE AREA WITH A MAXIMUM ZONING HEIGHT OF THREE (3) STORIES OR THIRTY -FIVE (35) FEET LOCATED ON THE WEST SIDE OF LIVINGSTON ROAD APPROXIMATELY ONE - QUARTER MILE SOUTH OF PINE RIDGE ROAD, IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 12.5± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, AICP, of Hole Montes and Associates, representing Hiwasse, Inc., 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 13, Township 49 South, Range 25East, Collier County, Florida, is changed from "A" Rural Agricultural zoning district to "PUD" Commercial Platmed Unit Development (CPUD) in accordance with the " Hiwasse" CPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 95135, as described in Ordinance Number 91 -102, as amended, the Collier County Land Development Code, is hereby amended accordingly. SECTION 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: DWIGHT E. BROCK, CLERK BY: Deputy Clerk Approved as to Fort Qnk Patrick G. White Assistant County Attorney PUD7-2003 -AR•3 561 /Msp DONNA FIALA , CHAIRMAN Page 1 of I Agenda Item No. 8A September 14, 2004 Page 51 of 71 HIWASSE A PLANNED UNIT DEVELOPMENT PREPARED BY: ROBERT L. DUANE, A.I.C.P. RICHARD YOVANOVICH, ESQ. HOLE MONTES, INC. GOODMAN, COLEMAN & JOHNSON 950 ENCORE WAY AND 4001 TAMIANII TRAIL N., STE. 300 NAPLES, FLoRmA 34110 NAPLES, FLORIDA 34103 HM PROJECT 2001076 NOVEMBER, 2002 Date Reviewed by CCPC: . Date Approved by BCC: _ Ordinance No. Amendments & Repeals _ W.41911I:�Mlfik`il CA\AdLib eXpress \Work\rad45CC9_tmp doc Agenda Item No. 8A September 14, 2004 Page 52 of 71 TABLE OF CONTENTS Page SECTIONI Statement of Compliance .......................................................... ..............................3 SECTION H Property Ownership, Legal Description, Short Title and Statement of Unified Control ................................................... ..............................4 SECTION III Statement of Intent and Project Description ............................_ ............5 SECTIONIV General Development Regulations ....................... ..............................6 SECTION V Permitted Uses and Dimensional Standards for Commercial Development .... 13 SECTIONVI Development Commitments ............................... .............................15 EXHIBITS Exhibit A — PUD Master Plan Exhibit B — Legal Description Exhibit C — Landscape Detail and View Elevation 2 CAAdLb eXMss \Work\rad45CC9.tmp.dM Agenda Item No. 8A September 14, 2004 Page 53 of 71 SECTION I STATEMENT OF COMPLIANCE The development of +12.52 acres of property in Section 13, Township 49 South, Range 25 East Collier County, Florida, as a Planned Unit Development to be known as the Hiwasse PUD, will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. The commercial uses 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: 1.1 The property is located in the Livingston Road/Eatonwood Lane Commercial Infill SubDistrict as depicted on the Collier County Future Land Use Map. This SubDistrict allows professional and medical offices and indoor -self storage facilities to serve surrounding residential areas that are proposed uses in this PUD. 1.2 The maximum allowed development intensities in the Livingston Road/Eatonwood Lane Commercial Infill Subdistrict include 91,000 square feet of professional or medical office use in buildings containing a maximum height of thirty -five (35) feet, or 200,000 square feet of indoor self - storage area in buildings containing a maximum of three stories and a maximum height of fifty (50) feet. Should a mix of office, medical and indoor self- storage facilities develop on the property, for each two square feet of indoor self - storage area, one square foot of office area shall be reduced from the maximum allowable office or medical use area permitted. Access to the property within the Sub - district shall be from one of two access points depicted on the PUD Master Plan on Livingston Road that can be found consistent with Collier County Access Management standards. No access is permitted from Eatonwood Lade. The proposed development intensities for the Hiwasse PUD include a maximum of 91,000 square feet of professional or medical office area in buildings containing a maximum height of thirty -five (35) feet, or a maximum of 200,000 square feet of indoor- self-storage area with a maximum height of three (3) stories of thirty -five (35) feet. Therefore, consistency with the Future Land Use Element ( "FLUE ") can be established with the proposed development intensities for the Hiwasse PUD. 1.3 The subject property's location in relation to the existing or proposed community facilities and services supports the development's commercial uses as required in Objective 2 of the FLUE. 1.4 The proposed development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 1.5 Improvements are planned to be in compliance with applicable land. development regulations as set forth in Objective 3 of the FLUE. 1.6 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. 1.7 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 and further required by policy 3 CAAdLib eXpress\Work\rad45CC9.tmp.doc Agenda Item No. 8A September 14, 2004 Page 54 of 71 2.3 of the FLUE. 1.8 This PUD shall not become effective until petition CPSP 2003 - 12 is adopted by the Collier County Board of Commissioners 4 CAAdUb eXpress \Work\rad45CC9.ttnp.doc Agenda Item No. 8A September 14, 2004 Page 55 of 71 SECTION H PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2.1 PROPERTY OWNERSHIP The property is owned by Hiwasse Inc. 2.2 LEGAL DESCRIPTION The legal description is provided for in Exhibit "B ". 2.3 GENERAL DESCRIPTION OF PROPERTY The property is located on the west side of Livingston Road approximately one- quarter (' /a) of a mile south of Pine Ridge Road. PHYSICAL DESCRIPTION The subject property is vacant at the time of the application for rezoning. The soil classification for the subject property is Holopaw Fine Sand, Limestone Substratum. The property is located in Flood Zone X. The zoning classification prior to the date of approval of this PUD was Agricultural (A). 2.4 SHORT TITLE This Ordinance shall be known and cited as the "Hiwasse 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. 5 C:IAdUb eXpress\Worklrad45CC9.tmp.doc. Agenda Item No. 8A September 14, 2004 Page 56 of 71 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 (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 12.5 acres and includes 7.55 acres in a Florida Power and Light easement area. The proposed uses are a mix of professional office and medical uses and indoor -self storage facilities. Access will be provided from Livingston Road. The Florida Power and Light ( "FPL ") Easement Area that creates a separation from residential uses to the west will remain in open space. 3.3 LAND USE PLAN AND PROJECT PHASING A. The PUD Master Plan provides for areas of commercial use, water management areas, open spaces and road rights -of -way as depicted on the PUD Master Plan Exhibit "A ". 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. 6 C.\AdL,b eXpmss \Workkad45CC9.ttnp.doc. Agenda item No. 8A September 14, 2004 Page 57 of 71 CA\AdLib eXpress \Work\rad45CC9.unp.doc. Agenda Item No. 8A September 14, 2004 Page 58 of 71 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 Hiwasse 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 Hiwasse 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 pen-nit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Hiwasse 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 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 there is a conflict between the regulations established in the PUD or any other regulations, the regulations within the PUD shall prevail. 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 8 CA\AdUb eXpress \Work\rad45CC9.tmp.doc Agenda Item No. 8A September 14, 2004 Page 59 of 71 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 APPROVAL 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 Section 3.2 of the LDC. Prior to the recording of the final subdivision plat, when required by the subdivision regulations set forth in Section 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 the 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 all tracts as shown on the PUD Master Plan. 4.6 PROVISION FOR OFFSITE REMOVAL OF EARTHEN MATERIAL 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 9 C V1dab eXpress \Work\rad45CC9:tmp.doc Agenda Item No. BA September 14, 2004 Page 60 of 71 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 Hiwasse 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 The total aggregate of such open space areas shall meet or exceed the open space requirements of Section 2.6.32 of the LDC and are met within the FPL easement area. 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 common facilities, open spaces, and Water management facilities, shall be the responsibility of a homeowners' association to be established by the developer. 4.13 OFF STREET PARKING AND LOADING All off street parking and loading facilities shall be in accordance with Division 23 of the Collier County Land Development Code. " 4.14 LANDSCAPING All landscaping shall be in accordance with the requirements of Division 2.4 of the 10 C:\AdLib eXMss \Work\md45CC9.tW.doc. Agenda Item No. 8A September 14, 2004 Page 61 of 71 Collier County Land Development Code. However, an enhanced Type `B" buffer will be provided along the eastern edge of the FPL Easement Area subject to their approval. A cross section of the enhanced buffer area is provided on Exhibit C: Landscape View and Detail. At the time of SDP approval, a letter shall be provided from FLP, stating that the enhanced "B" Buffer area meets with their approval.. 11 CAAdUb eXpress \Work\rad45CC9.tmp.doc Agenda item No. 8A September 14, 2004 Page 62 of 71 4.15 GENERAL PERNIITTED USES Certain uses shall be considered general permitted uses throughout the Hiwasse PUD. . General permitted uses are those uses which generally serve the Developer and occupants of the Hiwasse 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. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including the necessary access ways, parking areas and related uses to serve such offices. 5. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 4.14 of this PUD. 6. Any other use which is comparable in nature with the foregoing list of permitted accessory and principal uses, as determined by the Board of Zoning Appeals (`BZA "). B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road — Ten feet (10'). 2. Setback from PUD boundary - Fifteen feet (15'), however, berms for water management facilities may be constructed within five (5) feet of a property line provided all other applicable requirements of this Ordinance and the LDC are met. 3. Minimum distance between unrelated structures — Ten feet (10'). 4. Maximum height of structures — Twenty -Five feet (25') 5. Minimum lot or parcel area — 10,000 square feet. 12 C:\AdLib eXpress \Work\rad45CC9.tmp.doc Agenda Item No. 8A September 14, 2004 Page 63 of 71 6. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Hiwasse PUD design guidelines and standards are to be in accordance with LDC in effect at the time of site development plan approval. 4.16 SIGNAGE A. General: 1. All Collier County sign regulations, pursuant to LDC, Division 2.5, Signs, in force at the time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. Signs shall be permitted in private rights -of -way. 3. All signs shall be located so as not to cause sight line obstructions. 4. All internal project rights -of -way, drive aisles, or access easements may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set for herein. B. Traffic Signs: 1. Traffic signs such as street signs and speed limit signs may be designed to reflect a common architectural theme. The placement and size of the signs shall be in accordance with DOT criteria. C. Wall Mounted Signs 1. Wall mounted signs shall be individual letters mounted separately or on a continuously wire raceway in a color to blend with the background. Box type signs are not permitted. 2. Building signs shall be placed within a horizontal signage band around the building perimeter that does not exceed Collier County requirements. D. Colors 1. Harmonious color schemes for signs are required but corporate identity variations are acceptable. Signs with multi-color letters are not permitted. 4.17 ARCHITECTURAL AND SITE DESIGN STANDARDS A. Applicability 13 CAAdLJJb eXpress \Work\rad45CC9.unp.doc Agenda Item No. 8A September 14, 2004 Page 64 of 71 1. The "Architectural Standards for Livingston Road/Eatonwood Lane Commercial Infill Subdistrict" have been created by the developer to promote a visually harmonious framework for all developments within the PUD boundaries. It establishes minimum design standards to enhance compatibility with adjacent properties and to assist architects in designing appropriate property improvements. These standards replace related portions of the Collier County Architectural Guidelines (LDC Division 2.8) as noted. All other portions of the Collier County Land Development Code (LDC) and all other codes with jurisdiction shall remain in full force to the extent they are not inconsistent with the provision of this PUD. B. Intent 1. The intent of this standard is to establish architectural requirements that promote a common architectural theme for the professional / medical offices and indoor self - storage buildings on the site and to harmonize with adjoining property uses. C. Building Design Requirements All Collier County Land Development Code Division 2.8 requirements shall apply to outside storage areas except as noted below: 1. Modify LDC 2.8.3.5.11 - Entryways /Customer Entrance Treatments as follows for indoor self - storage buildings over 20,000 square feet. a. Purpose and intent. Entryway design elements and variations are intended to give protection from the sun and adverse weather conditions. These elements are to be integrated into a. comprehensive design style for the project. b. Entryways / customer entrance standards. These standards identify appropriate entry features. C. Single use buildings. Single use buildings shall have clearly defined, highly visible customer entrances which shall include the following: (1) decorative landscape planters or wing walls which incorporate landscaped areas; and (2) structural or vegetative shading. (3) front entry shall be set back from the drive a minimum distance of 15 feet. 2. Modify LDC 2.8.4.4.10 - Entryways /Customer Entrance Treatments as follows for indoor self - storage buildings over 10,000 square feet to 20,000 14 C:\AdLib eXpress \Work\rad45CC9.tmp.doc Agenda Item No. 8A September 14, 2004 Page 65 of 71 square feet. a. Purpose and intent. Entryway design elements and variations are intended to give protection from the sun and adverse weather conditions. These elements are to be integrated into a comprehensive design style for the project. b. Entryways / customer entrance standards. These standards identify appropriate entry features. C. Single use buildings. Single use buildings shall have clearly defined, highly visible customer entrances which shall include the following: (1) decorative landscape planters or wing walls which incorporate landscaped areas; and (2) structural or vegetative shading. (3) front entry shall be set back from the drive a minimum distance of 15 feet. In addition to Collier County Land Development Code Division 2.8 requirements, the following is required: 1. Overall building dimension shall not exceed 150 feet in either direction. 2. The architectural style for the subdistrict shall be consistent throughout and shall be established by the initial building design and shall blend with surrounding developments. 15 CA\AdLib eXpress \Work\rad45CC9.ttnp.doc Agenda Item No. 8A September 14, 2004 Page 66 of 71 SECTION V PERMITTED USES AND DIMENSIONAL STANDARDS FOR COMMERCIAL DEVELOPMENT 5.1 5.2 5.3 5.4 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Hiwasse PUD designated for commercial development on the PUD Master Plan, Exhibit "A ". MAXIMUM DEVELOPMENT INTENSITY A maximum of 91,000 square feet of gross leasable floor area of professional and medical office use area is permitted or a maximum of 200,000 square feet of indoor -self storage area. Should a mix of office and indoor -self storage facilities develop on the property, for each two (2) square feet of indoor -self storage area, one (1) square foot of office area shall be reduced from the maximum allowable office area. GENERAL DESCRIPTION The PUD Master Plan designates the following uses for the general use designations on said Master Plan. AREA ± ACRES ± PERCENTAGE 1. FPL Easement 7.55 60.3% 2. Development Area 4.97 39.7% TOTAL 12.52 100 %a The approximate acreage of the commercial area is depicted on the PUD Master Plan. 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 Cade. Commercial areas are designed to accommodate internal roadways, open spaces, signs, water management facilities, and similar uses typically found in non - residential areas. 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 Uses: 1. Accounting, auditing and bookkeeping services (group 8721). 2. Business services (groups 7311, 7313, 7371, 7372, 73747376, 7379). 3. Depository institutions (groups 6011 - 6099). 16 C 1AdLb eXpress \Work\rad45CC9.tmp.doc Agenda Item No. 8A September 14, 2004 Page 67 of 71 4. Offices for engineering, architectural, and surveying services (groups 0781, 8711- 8713). 5. Health services (groups 8011- 8049). 6. Insurance carriers, agents and brokers (groups 6311 -6399, 6411). 7. Indoor -self storage facilities (group 4225). 8. Legal services (group 8111). 9. Management and public relations services (groups 8741 -8743, 8748). 10. Miscellaneous personal services (groups 7291; 7299, debt counseling only). 11. Real estate (groups 6531- 6541). 12. Security and commodity brokers, dealer, exchanges and services (groups 6211 - 6289). 13. Transportation services (group 4724, travel agencies only). 14. Veterinarian's office (group 0742), excluding outdoor kenneling. 15. Any other use which is comparable in nature with the foregoing list of permitted principle uses as determined by the Zoning Board of Appeals. B. Accessory Uses and Structures Accessory uses and structures customarily associated with commercial uses listed above. 5.5 DEVELOPMENT STANDARDS A. Minimum lot area - 20,000 square feet B. Minimum lot width — 100 feet C. Minimum yard requirements: 1. Front yard — 25 feet 2. Side yard — 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the LDC are met. 3. Rear yard — 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the LDC are met. D. Maximum height — Thirty -five (35) feet E. Minimum floor area of principal structure — 1000 square feet gross floor area for each building on the ground floor. F. Lighting — Lighting facilities shall be arranged in a manner that protects roadways and neighboring properties from direct glare or other interference. Lighting shall be limited to a maximum height of twelve (12) feet in height along the western edge of the development envelope area adjacent to the FPL Easement Area. G. Distance between structures — If there is a separation between any two principal structures on the same parcel, said separation shall be a minimum of fifteen (15) feet or a distance equal to one -half (lh) the sum of their heights, whichever is greater. However, indoor -self storage buildings shall have a minimum separation requirement of fifty (50) feet between individual self- storage buildings. 17 C 1AdLb eXpress \Work\rad45CC9.tmp.doc Agenda Item No. 8A September 14, 2004 Page 68 of 71 H. Merchandise storage and display — Outside storage or display of merchandise is prohibited. I. Use of FPL Easement Area — Open space and landscape buffering shall be the only allowed uses permitted in the FPL Easement Area. J. The hours of operation of the self - storage buildings shall be limited to the hours of 7:OOAM to 9:00PM. K. Depository Institutions are limited to the northern portion of the PUD only, and may only be developed at such time as a traffic signal has been installed at the intersection ofLaCosta Road and Livingston Road. 18 CAAdLb eXpress \Work\rad45CC9.tmp.doc Agenda Item No. 8A September 14, 2004 Page 69 of 71 SECTION VI DEVELOPMENT COMMITMENTS 6.1 ENVIRONMENTAL STANDARDS The purpose of this Section is to set forth the environmental commitments of the project developer. A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Section Staff. B. Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.3 of the Collier County LDC. C. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the Preservation Area, shall be submitted to the Current Planning Section 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. D. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation. Commission (FFWCC) 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 Current Planning Section Staff for review and approval prior to final site plan/construction approval. E. The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals to which said regulations relate. 6.2 TRANSPORTATION REQUIREMENTS The purpose of this Section is to set forth the transportation commitments of the project development. A. The developer shall provide arterial level street lighting at the project entrance. Such lighting shall be in place prior to the issuance of any certificate of occupancy. B. The road impact fee shall be as set forth in the Collier County Consolidated Impact Fee Ordinance No. 2001 -13 as amended and adopted in January 2003 and shall be paid at the time building permits are issued or as provided for by the Adequate Public Facilities Ordinance. C. Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. 19 CAAdLib eXpress \Work\rad45CC9.tmp.doc Agenda Item No. 8A September 14, 2004 Page 70 of 71 D. All traffic control devices used shall conform to the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. E. Shared access is permitted north of the subject property as depicted on the PUD Master Plan, subject to an access agreement with the property owner to the north. If an access agreement for shared access cannot be reached, then only a right -in- right -out access is permitted from Livingston Road at an access point depicted on the PUD Master Plan south of the shared access area. F. The developer shall provide a turn lane at the project entrance onto Livingston Road, at either permitted access, prior to the issuance of the first certificate of occupancy for the first structure in accordance with the Collier County Public Right -of -Way Manual and Ordinance 82 -91. 6.3 UTILITY 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. 97 -17, 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. 6.4 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. 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. C. 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 20 C:\AdLib express \WorkVad45CC9.tmp.doc Agenda Item No. 8A September 14, 2004 Page 71 of 71 other applications that will result in the issuance of a final development order. 6.5 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. 21 CAAdLib eXpress \Work\rad45CC9.tmp.doc Agenda Item No. 8B September 14, 2004 Page 1 of 26 EXECUTIVE SUMMARY Adopt a Property Maintenance Code for both the residential and non - residential properties within the unincorporated area of Collier County, Florida; providing for minimum housing and building maintenance standards; providing for rental unit registration and inspection; providing for the minimal maintenance of vacant and boarded up properties, including limitations on the amount of time a vacant property can be boarded; providing a method for designating hazardous buildings and standards for the repair or demolition of hazardous buildings; and repealing ordinances 76 -70, 89 -06, 96 -76 and 99 -58. OBJECTIVE: That the Board of County Commissioners adopt an ordinance establishing minimum housing and building standards for unincorporated Collier County in order to maintain the health, safety and welfare of all residents and property owners of the community. CONSIDERATION: The Board of County Commissioners directed staff to develop an ordinance that addresses abandoned commercial buildings and properties at their workshop on December 2, 2002. In staff's research to produce this document we found that many jurisdictions included minimum standards for all building types into one ordinance. Currently the County has a Minimum Housing Ordinance; therefore, staff proposes to add regulations for non - residential structures and properties to this ordinance. The Minimum Housing Ordinance has been amended several times over the years. In an effort to make enforcement of the ordinance more efficient and to provide one document for the public in the event information related to these provisions are sought by the public, staff proposes to repeal all the ordinances and consolidate all the relevant ordinances into one unified document. The County's ordinances that establish minimum standards for residential structures in the County provide for inspections of the dwelling units if invited inside to conduct an inspection. In these cases the Code Enforcement Department inspected the residential units and provided information for correction of any deficiencies found. The proposed ordinance goes one step further and requires inspection of rental properties where violations are found to ensure the continued maintenance thereof and prevents a reactive approach where Code Enforcement is asked to get involved only after the problem is severe. Similarly, the County has ordinances that contain regulatory steps to address buildings that fall below minimum standards and that need to be brought up to code or demolished. Some of these ordinances, however, were contradictory. The proposed ordinance seeks to remove the contradictions and clarify how an evaluation for unsafe structures should be made. The ordinance provides for the utilization of an independent evaluation from a certified structural engineer for a final determination, if warranted. The proposed ordinance is a consolidation of the Dangerous Building Ordinance and the Minimum Housing Standards Ordinance. The proposed ordinance also establishes standards for maintaining non - residential structures and properties, for the first time, in unincorporated Collier County. Properties will be required to maintain the premises in a manner that gives the appearance that the structures are being utilized for business. Should the structure be required to be secured by boarding the openings, the .-� ordinance requires the boarding to meet specific conditions including painting the wood to match Agenda Item No. 813 September 14, 2004 Page 2 of 26 the paint color on the building. The provisions being proposed for this also limit the amount of time a structure can be boarded to a maximum of 18 months. Other changes proposed under this ordinance are minor housekeeping and provide an improvement to the enforcement of the provisions. FISCAL IMPACT: With the increase in responsibility for housing inspections, it is estimated that there will be a need for 2 additional personnel in order to adequately perform these duties. The additional FTEs were identified in the FY05 Budget. Program overhead and operations are projected to total $180,500 in year one. Upon program implementation, staff envisions that revenues will support program operations. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the proposed Property Maintenance Code Ordinance for unincorporated Collier County and the two positions associated with the implementation of the ordinance. F,g. 3 W: �j COLLIER COUNTY ROAM OF COUNTY COMMISSIONERS Ilan Bt mb� so Ftn.arq C—ly. Fl—, P -H,v h. W..?q a^E y9,8 App—d By C--.y E—,-- App—d By c- C--W, 0aye4— .3 P. App—d By Appne By App—A By C..,y M pe.Oaks afll<a 0 ftd'. 4 m App--d By MM laack.an Banta Mayy App-4 By Mi r S.,*—. Men--- . R-ft. 0-- 0— C—y M.natae. �- .. OM—t�mft—&". Apprwwa] By Jamef V, Mu 0-4 of c—,q annVUbaart �. WManuparf am" —2-12 W Agenda item No. 813 September 14, 2004 Page 4 of 26 ORDINANCE NO.2004_ AN ORDINANCE ESTABLISHING A PROPERTY MAINTENANCE CODE FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND SCOPE; PROVIDING FOR GENERAL PROVISIONS; PROVIDING DEFINITIONS; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR COMPLIANCE WITH HOUSING STANDARDS; PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES; DESIGNATING THE HOUSING OFFICIAL POWERS AND DUTIES; PROVIDING FOR INSPECTION OF STRUCTURES AND PREMISES; PROVIDING FOR NOTICE OF VIOLATION PROCEDURES; PROVIDING A METHOD FOR DESIGNATING HAZARDOUS BUILDINGS; PROVIDING FOR STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY THE COUNTY; PROVIDING FOR THE ASSESSMENT OF COSTS OF REPAIR OR DEMOLITION TO BE ASSESSED TO THE OWNER WHEN ABATEMENT EXECUTED BY THE COUNTY; PROVIDING FOR THE VACATION OF HAZARDOUS BUILDINGS; PROVIDING THE RESPONSIBILITY FOR PROPERTY MAINTENANCE; PROVIDING THE RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURES, VACANT BUILDINGS, VACANT STRUCTURES, AND VACANT OR UNIMPROVED LOTS; REQUIRING A CERTIFICATE FOR A BOARDED BUILDING; PROVIDING FOR NUISANCES; PROVIDING STANDARDS FOR SECURING BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING FOR A NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE; REPEALING COLLIER COUNTY ORDINANCES 76 -70, 89 -06, 96 -76 AND 99- 58; PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, Collier County Board of County Commissioners seeks to protect the health, safety and welfare of the citizens of Collier County; and WHEREAS, within the jurisdiction of Collier County, Florida, there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance, obsolescence or abandonment and which contain defects which increase the hazards of fire, accident, or other calamities, and which by reason of the lack of maintenance, inadequate ventilation, inadequate light and sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health, safety, and general welfare of the community; and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises, and from general neighborhood neglect; and WHEREAS, such unsafe and unsanitary conditions can be improved and often eliminated or prevented through adopted and enforced housing standards, resulting in the upgrading of living conditions and an overall enhancement of the general health, safety, and welfare of all residents and property owners of the community; and WHEREAS, there exists conditions within the unincorporated areas of Collier County where structures used for commercial and non - residential purposes are, or may become in the future, substandard and further that such conditions, including but not limited to, structural deterioration, lack of Agenda Item No. 8B September 14, 2004 Page 5 of 26 .. maintenance and appearance of exterior premises constitute a menace to the health, safety, welfare, morals and reasonable comfort of the unincorporated County's inhabitants; and WHEREAS, due to the lack of maintenance and because of progressive deterioration, certain properties have the effect of creating slum and blight conditions which, if not curtailed and removed, will grow and spread; and WHEREAS, by reason of timely regulations and restrictions contained herein, the growth of slums and blight may be prevented and the neighborhood and property values thereby maintained; and WHEREAS, the Collier County Board of County Commissioners finds it is important to protect and enhance the property values of the unincorporated County; and WHEREAS, the Collier County Board of County Commissioners finds it is important to beautify and preserve the appearance and aesthetic qualities of the neighborhoods, to control population density, and to control parking and traffic facilities in the unincorporated County; and WHEREAS, the Collier County Board of County Commissioners finds it is necessary to establish requirements for the minimal maintenance of vacant and boarded properties to prevent blight in the unincorporated County; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: TITLE This Ordinance shall be known and may be cited as the "Collier County Property Maintenance Code." SECTION TWO: PURPOSE AND SCOPE 1. This Ordinance establishes minimum standards for the maintenance, upkeep, and appearance of improved or unimproved premises; to minimize impacts of construction; and provides a just, equitable and practicable method to prevent: a. Residential and commercial buildings, structures, and premises from causing and/or endangering life, limb, health, safety or welfare of the general public or their occupants; or b. Diminished property values; or c. Detracting from the appearance of the residential area. 2. The provision of this Ordinance shall apply in the unincorporated area of Collier County to every portion of a building or premises, used or intended to be used as dwelling unit in whole or in part, and every portion of a commercial or non - residential building or structure, regardless of the primary use of such building or structure and regardless of when such building or structure was constructed, altered or repaired. SECTION THREE: GENERAL PROVISIONS 1. Maintenance. Equipment, systems, devices and safeguards required by this Code or a prior code under which the structure or premises was constructed, altered or repaired, shall be maintained in good working order. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection, safety systems and devices in existing structures. Except as otherwise specified herein, the owner shall be responsible for the maintenance of buildings, structures and premises. 2. Application of other codes. Repairs, additions or alterations to a structure, or change of occupancy shall be performed in accordance with the procedures and provisions of the code applicable at the time of construction. Nothing in this Code shall be construed to cancel, modify or set aside any provisions of this section. 2 Agenda Item No. 8B September 14, 2004 Page 6 of 26 3. Existing remedies. The provisions in this Code shall not be construed to abolish or impair other remedies of any local, state or federal jurisdiction or its officers or agencies relating to the removal or demolition of any structure. by this Code. The Building Official shall determine requirements 4. Requirements not covered necessary for the strength, stability or property operation and general conditions acceptable for an existing fixture, structure or equipment not specifically covered by this code. 5. Deviation from Code. Where practical difficulties are prohibitive in carrying out the provisions of this Code, the Community Development Administrator, or designee, in coordination with the appropriate licensed authority, if applicable, has the authority to grant modifications for individual cases. The modification shall be in compliance with the intent and purpose of this Code and shall not lesson health, life and fire safety requirements. The basis for granting modifications shall be recorded and entered in the Department files. 6. Compliance. It shall be the duty of each and every owner and operator of improved or unimproved property within the unincorporated County to comply with the requirements set forth in this Ordinance. No premises or building, or combination, shall be used in a manner inconsistent with or in conflict with the requirements of this Ordinance. 7. Conflict with other codes. The provisions of this article shall apply to all buildings, structures or premises in existence or built within the unincorporated County. Where the provisions of this Ordinance impose a standard different than that set forth in any other County ordinance or state law, the most restrictive standard shall apply. SECTION FOUR: DEFINITIONS When used in this Code, the following terms shall have the following meanings, unless the content clearly otherwise requires: 1. ACCESSORY USE OR STRUCTURE— a use or structure of a nature customarily incidental and subordinate to the principal use or structure, and, on the same premises. On the same premises with respect to accessory uses and structures shall be construed as meaning on the same lot or on a contiguous lot in the same ownership. Where a building is attached to the principal building, it shall be considered a part thereof, and not an accessory structure. 2. ATTIC— any story situated wholly or partly in the roof, so designated, arranged or built to be used for storage or uninhabitable space. 3. BOARD — Board of County Commissioners of Collier County, Florida. 4. BOARDING — the placement of plywood or some type of construction material as a temporary barrier to cover and obscure a window, storefront or access to a structure. 5. BUILDING — a structure of any kind, which is built or constructed of parts joined together in some definite manner, which requires a fixed location on, or in the ground attached to something having a fixed location on or in the ground. 6. BUILDING CODE— the Florida Building Code, or its successor, as adopted by the Collier County Board of County Commissioners. 7. BUILDING OFFICIAL — the individual charged with the responsibility to administer, supervise, direct, enforce, or perform the permitting and inspection of construction, alteration, repair, remodeling, or demolition of structures and the installation of building systems, to ensure compliance with the Building Code. 8. CODE ENFORCEMENT BOARD — The Collier County Code Enforcement Board created by the Collier County Code Enforcement Board Ordinance as authorized by Chapter 162, Florida Statutes. 7 Aaenda Item No. 8B September 14, 2004 Page 7 of 26 9. CODE ENFORCEMENT INVESTIGATOR -any authorized agent, representative, or County employee designated by the Housing Official to ensure compliance and enforcement of the provisions of this Code. 10. CONDEMNATION— the declaration by a Housing Official or designee that a property or structure is unfit for use or habitation or dangerous to a person or other property pursuant to Chapter 553, Part VI, Florida Statutes, with consultation from the Fire Department, Health Department, Building Official, or other applicable agency. IL COUNTY MANAGER- County Manager or his designee. 12. DANGEROUS BUILDINGSAND STRUCTURES- all buildings, dwelling units or structures which are unsafe, unsanitary, unfit for human habitation, or do not provide for adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment. Additionally, any building, dwelling unit or structure that is deemed to be classified as any one of the following: a. A structure or dwelling unit, which, in the opinion of the Fire Inspector constitutes a fire hazard; or b. A structure or dwelling unit which in the opinion of the Health Inspector, constitutes a threat to the health of its occupants or to the health of the general public by reason of the unsanitary, infectious or defective condition of said building; or C. A structure or dwelling unit, which in the opinion of the Building Official or designee or a Florida State Certified engineer falls below minimum structural standards; or d. A structure or dwelling unit, the interior walls or other vertical structure members of which list, lean or buckle to the extent that a plumb line passing through its center of gravity falls outside of the middle third of its base; or e. A structure or dwelling unit, exclusive of the foundation, which evidences 33% or greater damage to or deterioration of the non - supporting, enclosing, or outside walls or covering; or f A structure or dwelling unit existing in violation of any provision of the Building Code or any other ordinance of the County. 13. DEBRIS — any material which is stored externally or internally and shall include, but not be limited to the following: discarded household items; inoperative or discarded machinery, automobiles or appliances; refuse, rubbish, trash or junk; used scrap or discarded lumber, pipe, steel, plumbing fixtures, insulation, and other building material. 14. DETERIORATION— a lowering in quality in the condition or appearance of a building or parts thereof, characterized by holes, breaks, rot, cracking, peeling, rusting, mold/mildew, graffiti or any other evidence or physical decay or neglect, or excessive use, or lack of maintenance, including the landscaping and parking areas. 15. DILAPIDATED — substantial deterioration of a building or parts thereof, such that said building, or a portion thereof, is no longer adequate for the purpose or use for which it was originally intended. 16. DWELLING UNIT — A single unit within a building providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. 17. ELECTRICAL CODE - National Electrical Code, as it may be amended or its successor. 4 Agenda Item No. 86 September 14, 2004 Page 8 of 26 18, FIRE INSPECTOR — One certified to have met the inspection training requirements by the Division of Sate Fire Marshall of the Department of Insurance. 19. GARBAGE — any animal or vegetable waste resulting from the handling, preparation, cooking, and consumption of food, including food containers of any type. 20. GAS CODE— the Building Code revisions, as may be amended or its successor. 21. HABITABLE ROOM — a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, screen enclosures, storage or utility space, and similar areas are not considered habitable space. 22. HEALTH INSPECTOR — the Director of the Collier County Health Department or his or her designee. 23. HOUSING OFFICIAL — the officer charged with the administration and enforcement of this Code or a duly authorized representative or representatives. The Code Enforcement Director is hereby designated to be the Housing Official. 24. IMPROVED PROPERTY — real property, which contains a building(s) or other structural improvements. 25. INFESTATION — the presence within or around a structure of insects, rodents, or pests, which are detrimental to the public health, safety, and general welfare of the residents or occupants, or neighboring properties. 26. INOPERATIVE VEHICLE(S) — vehicles or trailers of any type that are: not immediately operable, used for the purpose for which they were manufactured, in need of mechanical or electrical repairs or the replacement of parts, do not meet the definition of recreational vehicle as defined in the Collier County Land Development Code, do not meet the Florida Safety Code, or does not have current valid license plates. 27. LOCAL AGENT OR OPERATOR — a person or representative of a corporation, partnership, firm, joint venture, trust, association, organization or other entity, having his or her place of residence in Collier County and designated by the owner to maintain such premises in compliance with the provisions of this Ordinance under the Rental Registration Section. The owner may act as the local agent so long as he /she resides in the County. 28. ;NONRESIDENTIAL STRUCTURE — any structure that is not a residential structure. This term shall include, but is not limited to, any occupied or unoccupied structure, commercial structures or buildings, mixed use buildings or structures that include both dwelling units and office or retail combinations, and every other structure that is not a dwelling. 29. NUISANCE — Unsanitary conditions or anything offensive to the senses or dangerous to health. 30. OCCUPANT — any person living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit, within the confines of any building or structure. 31. OPENABLE AREA — any part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors. 32. OWNER — the holder of the title of property, if fee simple, and any person, group of persons, company, association or corporation in whose name tax bills on the property are issued. It shall also mean any person who, alone or jointly or severally with others; (a) shall have legal title to any dwelling unit, with or without accompanying actual possession thereof; or (b) shall have charge, of or control of any dwelling unit, as owner, personal representative, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee or vendee in possession, or assignee of rents, lessee, or other person, firm, or corporation in control of a building; or their duly authorized agents. Any such Agenda Item No. 8B September 14, 2004 Page 9 of 26 person thus representing the actual owner shall be bound to comply with the provisions of this Code, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. It is his responsibility to notify the actual owner of the reported infractions of these regulations pertaining to the property, which apply to the owner. 33. OXYGEN DEPLETION SENSING SYSTEM (ODSS)- an automatic pilot and shutoff system. Incorporates a pilot designed to be stable within narrow conditions of operation, which is designed to blow out or lift off under reduced oxygen atmospheres, resulting in gas shutoff by a companion valve. 34. PERSON- any individual, firm, corporation, association, partnership or other entity. 35. PLUMBING CODE — the Building Code revisions, as may be amended or its successor. 36. PREMISES — a lot, plot or parcel of land, or portion thereof, including the buildings or structures thereon. 37. RENTAL REGISTRATIONS— the registering of residential rental units with the Collier County Code Enforcement Department. 38. RENTAL UNIT -A rental unit is any dwelling unit that is not owner occupied but occupied by someone other than the owner for any portion of a calendar year. 39. RESIDENTIAL STRUCTURES — any dwelling unit or structure where any part is used or intended to be used for living, sleeping, cooking or eating. 40. RUBBISH— any waste material other than garbage. 41. SKYLIGHT— an opening through the roof and ceiling to admit light to a room, including the window portion therein. The assembly may or may not have an operable section to provide ventilation. 42. SPECIAL MASTER — an attorney designated by the Board of County Commissioners pursuant to Chapter 162, Florida Statutes who has the authority to hold hearings and assess fines against violators of Collier County Codes and Ordinances. 43. STAIRWAYS— one or more flights or stairs and the necessary landings and platforms which form a continuous and uninterrupted passage from one story to another, within or attached to the exterior of a building or structure. 44. STORY— that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, included between the upper surface of the topmost floor and the ceiling or roof above. 45. STRUCTURE— anything constructed or erected which requires the fixed location on the ground, or in the ground, or attached to something having a fixed location on or in the ground, including, but not limited to, fences, buildings, towers, smokestacks, utility poles and overhead transmission lines. 46. SUBSTANDARD — any residential or commercial building or structure used as a dwelling unit which is so damaged, decayed, dilapidated, or vermin infested that it creates a hazard to the health or safety of the occupants /public. Any such unit that lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants/public shall be considered to be unsafe, and unsanitary, as well as unfit for human habitation and therefore substandard, except that it shall not be deemed substandard if built and maintained in accordance with the building code at the time of construction. 47. VENTILATION— the process of supplying and removing air by natural or mechanical means to or from any structure, building or dwelling. 48. WEATHERPROOF— able to withstand exposure to weather without damage or loss of function. 6 Agenda Item No, 8B September 14, 2004 Page 10 of 26 49. WEATHERTIGHT — able to exclude wind and rain under typical local weather conditions. 50. YARD — an open, unoccupied space on the same lot with a building, structure or dwelling. 51. ZONING ORDINANCE — the Comprehensive Zoning Ordinance (or Land Development Code) for unincorporated Collier County, as it may be amended. SECTION FIVE: RULES OF CONSTRUCTION For purposes of administration and enforcement of this Housing Code, unless otherwise stated in this ordinance, the following rules of construction shall apply: 1. The word "shall" is always mandatory and not discretionary and the word "may" is permissive. 2. Words used in the present tense shall include the plural future; and words used in the singular shall include the plural and the plural singular, unless the context clearly indicates the contrary; use of the masculine gender shall include the feminine gender. 3, The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character. 4. Whenever the words "structure ", "building ", "dwelling unit ", or "premises" are used in this Ordinance, they shall be construed as though they were followed by the words "or any parts thereof'. SECTION SIX: COMPLIANCE WITH HOUSING STANDARDS All dwelling units whether occupied or unoccupied, shall comply with the requirements of this Section as hereinafter set forth: 1. SANITARYFACILITIES REQUIRED — Every dwelling unit shall contain not less than one (1) kitchen sink with counter work space, one (1) lavatory basin, one (1) tub or shower, and one (1) commode, all in good working condition and properly connected to an approved water and sanitary sewer system as approved by Collier County or the Collier County Public Health Department, as applicable. Every plumbing fixture and water and wastewater pipe connection shall be properly installed in accordance with the Plumbing Code and maintained in good sanitary working condition, free from defects, leaks and obstructions. Every plumbing fixture shall be located within the dwelling unit, and be accessible to the occupants of the dwelling unit. The commode, tub or shower, and lavatory basin shall be located in a room affording privacy to the user. 2. HOT AND COLD WATER SUPPLY— Every dwelling, or dwelling unit, shalt have connections to the kitchen sink, lavatory basin, tub or shower, and an adequate supply of both hot and cold water, all in good working condition. All connections shall be supplied through an approved pipe distribution system connected to a potable water supply. 3. WATER HEATING FACILITIES — Every dwelling unit shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, and bathtub or shower, at a temperature of not less than 120 degrees Fahrenheit. 4. HEATING FACILITIES — Every dwelling unit shall be equipped with heating equipment which shall be capable of safely and adequately heating all habitable rooms to a temperature of 68 degrees Fahrenheit under ordinary minimum southwest Florida winter conditions. Any electrical 7 Agenda Item No, 86 September 14, 2004 Page 11 of 26 heating equipment shall be installed and connected to electrical circuits as prescribed in the Electrical Code unless such equipment is approved by a nationally recognized testing agency. Unvented fuel -fire heaters shall not be used in any location unless equipped with an Oxygen Depletion Sensing System (ODSS). Any appliance that has been converted from a vented to an unvented heater shall not be used under any conditions. 5. COOKING EQUIPMENT— every dwelling unit shall contain an operable stove or range and refrigerator. All cooking and heating equipment and facilities shall be installed in accordance with the Building, Gas, and Electrical Codes, and shall be operable and maintained in a safe, working condition. 6. GARBAGE DISPOSAL FACILITIES— Every dwelling unit shall have adequate garbage or rubbish disposal facilities or garbage or rubbish storage containers. 7. LIGHTAND VENTILATION— Every habitable room of a dwelling unit shall meet the minimum size and access requirements of the Building Code. 8. BATHROOM— Every bathroom of a dwelling unit shall comply with the minimum light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with a mechanically ventilating air system. 9. ELECTRIC LIGHTS AND OUTLETS— Every dwelling unit shall be wired for electric lights and convenience outlets, all in good working condition. Every room shall contain at least one wall - type electrical convenience outlet as specified in the provisions of the Electrical Code, in effect at the time of violation. 10. LIGHT IN PUBLIC HALLS AND STAIRWAYS - Every public hall and stairway in a structure containing three or more dwelling units shall be adequately lighted at all times. Structures with less than three dwelling units shall be supplied with a conveniently located light switch that controls an adequate light system that can be turned on when needed if continuous lighting is not provided. 11. ELECTRICAL SYSTEMS— All fixtures, convenience receptacles, equipment and wiring of a dwelling unit found in violation shall be installed, maintained, and connected to a source of electrical power in accordance with the provisions of the Electrical Code, in effect at the time of violation. 12. EXTERIOR AND INTERIOR STRUCTURES OF DWELLING UNITS — all the following component of a dwelling unit shall be maintained in good condition. a. FOUNDATION— The building foundation walls or other structural elements shall be maintained in a safe manner and be capable of supporting the load which normal use may place thereon. b. EXTERIOR WALLS — The exterior walls shalt be maintained free from holes, breaks and loose or rotting material. Such exterior walls shall also be substantially weathertight and weatherproof, and surfaces properly coated as needed to prevent infestation and deterioration. Decorative features such as: cornices, belt courses, corbels, trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. C. ROOFS— Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion of the building. d. MEANS OF INGRESS /EGRESS— Every dwelling unit shall have a safe, unobstructed means of ingress/egress leading to a safe and open space. A second means of escape or egress may be required in accordance with the Building Code as adopted by Collier County. 8 Agenda Item No. 8B September 14, 2004 Page 12 of 26 e. ATTIC ACCESS— Access to the attic shall be provided by means of an access panel within the dwelling unit. This provision does not require tenant access. f. STAIRS, PORCHES, AND APPURTENANCES — Every inside and outside stairway, stair, porch, and any appurtenance thereto, shall be maintained in a safe condition, capable of supporting a load that normal use may place thereon, and in accordance with the Building Code as enacted by Collier County. g. PROTECTIVE /GUARD RAILINGS— Protective /guard railings shall be required in the manner prescribed by the Building Code. Such railings shall be maintained in good condition and be capable of bearing normally imposed loads. h. HANDRAILS — Handrails shall be required in the manner prescribed by the Building Code. 1. WINDOWS AND EXTERIOR DOORS— Every window, exterior door, shall be properly fitted within its frame, provided with lockable hardware, and shall be weather -tight and weatherproof, and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such, unless approved by the Building Official for enclosure. The closing in of a window or door shall be by bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of an authorized building material and finishing the exterior with like material of the original exterior surface, or boarding the opening. When boarding is used, it shall be trim fit, sealed to prevent water intrusion, and painted or stained to conform with the other exterior portions of the building. The boarding shall remain in place no longer than 18 months, unless an extension is granted by Code Enforcement Special Master. j. WINDOW SASH — Window sashes shall be properly fitted and weather -tight within the window frame. k. HARDWARE — Every door shall be provided with proper hardware and maintained in good condition. 1. SCREENS- Every window or other device used or intended to be used for ventilation which opens directly to the outdoor space shall have screens. Dwelling units which contain operable central heating and air - conditioning systems are not required to have screens on doors and windows. M. PROTECTIVE TREATNIENT — All exterior surfaces other than decay- resistant woods shall be protected from the elements by painting or other protective covering according to manufacture's specifications. n. ACCESSORY STRUCTURE— All accessory structures shall be maintained and kept in good repair and sound structural condition. o. INTERIOR DOORS— Every interior door shall be properly fitted within its frame. p. INTERIOR FLOOR, WALLS AND CEILING — Every dwelling unit shall have a permanent floor of approved material prescribed by the Building Code. Every floor and interior wall shall be free from infestation and maintained in good repair to prevent deterioration and shall be capable of supporting the load which normal use may cause to be placed thereon. 9 Agenda Item No. 8B September 14, 2004 Page 13 of 26 q. STRUCTURAL SUPPORTS— Every structural element of a dwelling unit shall be maintained in good repair and show no evidence of deterioration which would render it incapable of carrying loads which normal use may cause to be placed thereon. r. GUTTERS AND DOWNSPOUTS— Gutters and downspouts shall be maintained in good repair and shall be neatly located and securely installed. 13. OCCUPANCY STANDARD, DWELLINGS— Every dwelling unit shall comply with the minimum space footage requirements of the Land Development Code and shall contain at least 250 square feet of habitable floor space for the first occupant and at least 200 additional habitable square feet of floor area per additional occupant, not to exceed more than 4 unrelated individuals per household. No habitable room other than a kitchen shall have an area of less than 70 square feet as prescribed in the Building Code. 14. MINIMUM CEILING HEIGHT— Habitable space other than kitchens, storage rooms and laundry rooms shall have a ceiling height of not less then the minimum ceiling height requirements specified in the building code at the time of construction. 15. POOL MAINTENANCE, PRIVATE— all swimming pools, spas and architectural pools, ponds or other decorative bodies of water, not otherwise regulated by the Health Department, shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance, including but not limited to, free of mold, litter and debris. 16. OCCUPANCY OFSPACE BELOW FLOOD ELEVATION— no space constructed below the applicable required minimum flood elevation shall be used as a habitable space or dwelling unit. Use of such areas shall be limited to storage or utilitarian activity (i.e.: game room) and improved to meet FEMA requirements. 17. RESIDENTIAL PARKING FACILITES — all residential properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or brick pavers. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. 18. BOATHOUSES — All boathouses within the unincorporated County must be maintained so as to prevent decay, as characterized by holes, breaks, rot, rusting or peeling paint. All exposed surfaces of metal or wood shall be protected from the elements, decay or rust. 19. SANITATION REQUIREMENTS — a. All public or shared areas, and habitable rooms of any dwelling unit, structure, accessory structure, or building shall be kept in a clean and sanitary condition by the occupant or owner, in accordance with Health Department standards. b. Nothing shall be placed, constructed, or maintained on any premise that conflicts with this code so as to constitute a nuisance or fire hazard. C. All buildings, structures, accessory structures (including private swimming pools), dwelling units shall be regularly maintained and kept free of infestation. d. The plumbing fixtures in every dwelling unit, building or structure shall be maintained in a clean and sanitary condition as prescribed by the Health Department. 20. SMOKE DETECTORS — All dwelling units shall be equipped with smoke detectors to meet the minimum Building and Fire Code requirements. If the structure was built without wired detectors, battery operated smoke detectors are recommended for installation. All rental units shall have smoke detectors that meet the Residential Landlord and Tenant Act. 10 Agenda item No. 8B September 14, 2004 Page 14 of 26 SECTION SEVEN: RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES All rental units in unincorporated Collier County must obtain a registration certificate from Collier County Community Development and Environmental Services Division in accordance with this section. When any dwelling unit is occupied by someone other than the owner for any portion of a calendar year, a rebuttable presumption arises that the dwelling unit is a rental unit. The presumption may be rebutted by evidence that the occupancy of the dwelling unit is due to house - sitting, baby- sitting, pet- sitting, or the like. 2. REGISTRATION OF RENTAL UNITS REQUIRED — The owner(s) of any rental unit shall register each rental unit with the Collier County Community Development and Environmental Services Administrator, or his designee, and shall designate an individual or entity as the Local Agent or Operator for the registered rental unit. Registration shall be made prior to the use of any dwelling unit as a rental trait. 3. APPLICATION FOR REGISTRATION PROCEDURES — Application for registration shall be completed for each rental unit located in the unincorporated Collier County and in accordance with such instructions as may be provided by the Community Development and Environmental Services Administrator, or his designee, and include at a minimum, the following information: a. The name and addresses and telephone numbers of all owners of the rental unit. b. The name, local address and telephone number of the responsible local agent or operator. C. The number of rental units and the address(es) of each rental unit. d. The name and address of any mortgage holder. LOCAL AGENT OR OPERATOR — A person or representative of a corporation, partnership, firm, joint venture, trust, association, organization or other entity, having his or her place of residence or business in Collier County designated by the owner to operate and/or manage such premises in accordance with the following provisions. a. Local Agent or Operator Requirements — The Local Agent or Operator must be either: an individual who resides within Collier County and is a minimum of 18 years of age, a local business entity possessing a Collier County Occupational License who is registered with and known by the Florida Department of State, or the property owner, provided he/she is a resident of Collier County. A real estate agent or broker of the owner shall not be deemed a "Local Agent" for purposes of this section unless said real estate agent or broker is registered in accordance with this section. b. Duties and Responsibilities — The designated Local Agent or Operator shall at all times ensure the rental unit(s), for which he is responsible, is in compliance with all Collier County Codes and Ordinances. The Local Agent or Operator shall be vested with the authority to receive notices of violation and shall be vested with the authority to consent to access to such residence to duly authorized public officials conducting inspections necessary to ensure compliance with the terms of this Ordinance. All official notices of violation of all Collier County Codes and Ordinances served to the Local Agent or Operator shall be deemed to have been served upon the owner of record. C. Property Owner and Local Agent Agreement — Any person(s) or entity designated by the property owner(s) to act as Local Agent or Operator must accept the duties and responsibilities as set forth in this Ordinance. Such acceptance shall be indicated by written agreement by and between the property owner(s) and the named Local Agent or Operator, which Agenda Item No. 86 September 14, 2004 Page 15 of 26 shall be duly noted on the application for Rental Unit Registration. Withdrawal of such an agreement shall result in revocation of said registration. Failure to provide said agreement shall be grounds to refuse issuance of Rental Unit Registration thereby constituting a violation of this section. 5. TERMS, EXPIRATION, RENEWALS AND TRANSFERS — Rental unit registration certificates shall be issued for a period of one (1) year. Said registration shall be updated annually on or before June 30 'h. Delinquent registrations will result in a daily penalty as established by resolution of the Board of County Commissioners. Should a change occur in ownership or Local Agent or Operator information, a transfer or supplemental registration shall be filed with the Community Development and Environmental Services Division within ten (10) days of such change by the property owner(s). Any change in ownership or Local Agent or Operator information without notice to the County shall result in revocation or cancellation of said registration and shall be deemed a violation of this Ordinance. 6. RENTAL UNIT INSPECTIONS — All rental units registered with Collier County may be inspected, for an additional fee, by the Housing Official, or designee, in accordance with this Ordinance to ensure the housing conditions and surrounding premises are in compliance with the Codes and Ordinances for Collier County. All non - compliant conditions shall result in a failed inspection and denial of a rental unit registration certificate. Notice of the non - compliant conditions will be provided to the owner and agent and such conditions shall be required correction in a timely manner. Repeated non- compliance with any Code affecting premise shall require an annual inspection until the premise has been found free of violations for at least two (2) consecutive years. 7. REVOCATION / CANCELLATION — The Collier County Community Development and Environmental Services Division Administrator, or his designee, may revoke or cancel a registration on the following grounds: 1) information contained on the registration is false or material facts have been omitted, 2) a person or business registered under this section has violated county laws or ordinances for the protection of the public health, safety, or welfare and it is determined that the continued rental registration would be detrimental to the public health, safety, or welfare, or 3) payment of rental registration fees are dishonored by a financial institution. Revocation or cancellation of registration shall constitute an unregistered rental unit. 8. APPEALS TO REVOCATION / CANCELLATION OF CERTIFICATE - Prior to the cancellation or revocation of a license under this section, the County shall notify the owner of the grounds for such cancellation or revocation and of the right of such person to request a hearing before the Code Enforcement Board. Procedures for the notices and hearings shall be set forth in the Code Enforcement Board Ordinance. SECTION EIGHT: ESTABLISHMENT OF HOUSING OFFICAL - DESIGNATION• POWERS AND DUTIES There is hereby established the position of Housing Official who is hereby charged with the duty of administering the applicable standards set forth in this Ordinance and securing compliance with the minimum Housing Standards set forth in this Ordinance. The Code Enforcement Director is hereby designated to be the Housing Official established by this section. The Housing Official is hereby authorized to: Conduct inspections or take other appropriate action to require compliance with this Ordinance; 2. Investigate alleged violations of this Ordinance and to enter upon real property in the conduct of official business; 3. Issue notices of violation and written demands to correct violations of this Ordinance; 12 Agenda Item No. 8B September 14, 2004 Page 16 of 26 4. Initiate any and all other criminal or civil enforcement action as may be authorized by law to require compliance with this Ordinance; 5. Appoint Code Enforcement Investigators to assist with the enforcement of this Ordinance. SECTION NINE: INSPECTION OF STRUCTURES AND PREMISES. 1. Complaint - driven or inspector- initiated inspections of properties subject to this Ordinance shall be conducted by the County to ensure that such properties are in compliance with the provisions of this Property Maintenance Code; provided, however, this provision shall not be interpreted as authorizing the County to conduct inspections of properties without the consent of the owner or occupant or without a warrant. In securing consent, or at the time of inspection, the Housing Official or the Code Enforcement Investigator shall present County- issued identification and shall explain to the owner, occupant or operator the purpose of the inspection. 2. If the inspection of a property reveals violations of the provisions of this Property Maintenance Code, this shall trigger a request for an inspection of the interior of the property and/or a random sampling of the properties involved which may include multiple units. 3. For inspections involving multiple units at one location and upon consent of owner or designee or issuance of inspection warrant, a random sampling of the properties will be inspected as follows: a. I to 4 units, all units; b. 5 to 10 units, 50% of units; c. 11 to 29 units, 20% of units; d. 30 to 49 units, 15% of units; e. 50 or greater, if one location, 5% of the units with a maximum of 20 units. In the case of 50 or greater units, if the Housing Official finds one or more serious, health, safety or habitability violations in 5% of the units, the Official may ask to inspect more units to a total of 100% of the units in the development community. The Housing Official may assess a noncompliance inspection fee of $50.00 per unit inspected, per re- inspection, if any violation still exists after allowance of a reasonable time period for compliance. 4-. The Housing Official and all appointed designees are authorized and directed, in accordance with this Section, to enter and inspect dwelling units, buildings, structures and premises to determine their condition in order to assure compliance with the provisions of this Code or upon receipt of complaints or when the Housing Official has cause to believe a violation of this Code exists. Inspections shall take place during the regular business hours of Collier County Government, or at a time mutually agreed upon by the Housing Official and the owner, operator or occupants. Should the owner, agent, operator or occupant fail to make the mutually agreed upon inspection, a final inspection must be obtained within 30 days of the original inspection date. 5. The owner, operator, occupant or other person in control of the dwelling unit, building, structure or premises shall, upon consent, allow the Housing Official or designee free and unrestricted access to all areas subject to the provisions of this Ordinance for purposes of a full and complete inspection. In the event that the Housing Official or designee is denied access or cannot obtain access to a dwelling unit, building, structure or premises for purposes of inspection, the Housing Official or designee is authorized and directed to seek and obtain an inspection warrant authorizing entry and inspection pursuant to Chapter 933, Florida Statutes, as it may be amended or replaced. 13 Agenda Item No. 8B September 14, 2004 Page 17 of 26 SECTION TEN: NOTICE OF VIOLATION PROCEDURES. Whenever the Housing Official or Code Enforcement Investigator determines that a violation of this Ordinance exists, the following action shall be taken: 1. The Housing Official or Code Enforcement Investigator shall provide written notice of any alleged violation to the owner, operator or other party responsible for the dwelling unit, building, structure or premises. Such written notice of violation shall include the following: a. A description of the location of the structure involved, either by street address or legal description; b. A statement of the facts supporting the violation and the reason why the notice of violation has been issued; c. A reference to the Section or Sections of this Ordinance and any applicable code or ordinance upon which the violation is based; d. If repairs or alterations will bring the structure into compliance with this Ordinance, a statement of the nature and extent of such repairs or alterations necessary to comply with this article; e. If repairs or alterations are necessary for compliance, a specified time within which such repairs or alterations are required to be made; f. If the violation is of such character that repairs or alterations cannot bring the structure into compliance, a statement to that effect and an order for vacating the premises with an explanation therefore and a time frame for vacating the premises; g. The name or names of persons upon whom the notice of violation is served as stated in subsection (2) of this Section; h. A statement advising that the failure to cure the violation within the time period stated will result in the Housing Official taking any and all action as may be permitted by law to abate the violation. 2. The notice of violation may be either personally served upon the owner or served by certified mail, return receipt requested, at the address of the owner as listed in the tax collector's office for tax notices. If a notice of violation sent by certified mail is returned as unclaimed or refused, notice shall be posted in a conspicuous place on the premises at which the violations are located and at the County courthouse at least 10 days prior to the hearing or prior to the expiration of any deadline contained in the notice. Posting of the premises shall be considered adequate even if the notice is removed by the owner, operator, occupant or any other unauthorized or unidentified person prior to the 10 day time period having lapsed. Service on the owner's agent or operator at the address listed in owner's Rental Registration Application by first class mail shall substitute for service on the owner. If the owner does not occupy the premises, a copy of the notice of violation shall also be provided to the occupant of the premises. 3. The Housing Official is authorized to condemn any building, dwelling, structure or accessory structure, which is in violation of this Code and is unsafe, unfit or unsanitary for human occupation and constitute a dangerous building or strucute. The Housing Official may placard the premises and order the premises be vacated or closed to occupancy when the premises are unsafe, unfit or unsanitary for human occupancy. The failure of any person to comply with such order within the time designated by said Housing Official shall be subject to the penalties of this Ordinance. Any unauthorized person removing, defacing or mutilating any such notice, order or placard as provided for in this Code shall be deemed to be in violation of this Code and shall be subject to penalties as provided in Section 24 of this Ordinance. 14 Agenda Item Rio. 86 September 14, 2004 Page 18 of 26 SECTION ELEVEN: INIETHOD FOR DESIGNATION AND ELIMINATION OF HAZARDOUS BUILDINGS If an appropriate person, as identified under the definition of Dangerous or Hazardous Building, identifies a hazardous or dangerous condition existing within a building or structure, he shall make an itemized report of all hazards within the area of his expertise and certify said report to the Housing Official. The Housing Official shall then notify the owner of the offending property, in writing, and demand that said owner cause the hazardous condition to be remedied. The notice may be either personally serviced upon the owner or served by certified mail, return receipt requested, at the address of the owner as listed in the tax collector's office for tax notices. If the building or structure is occupied, the Housing Official shall also cause a cop-1 of the notice to be provided to the occupant or occupants of the property, or upon the Agent or Operator. In the event that personal service upon the owner or his Agent or Operator, cannot be performed after diligent search, then service shall be accomplished by physically posting the notice upon said property at which the violations are located and at the County courthouse at least 10 days prior to the hearing or prior to the expiration of any deadline contained in the notice. Posting of the premises shall be considered adequate even if the notice is removed by the owner, operator, occupant or any other unauthorized or unidentified person prior to the 10 day time period having lapsed. After service of the notice, the owner shall have 30 days to remedy the hazardous condition, after obtaining all applicable permits, or the County will remedy the hazardous condition at the complete cost of the owner. If the owner wishes to contest the Housing Official's determination of the existence of a hazardous building he may apply for a hearing before the Code Enforcement Board or Special Master of Collier County within fifteen (15) days from the date of service of the notice. The notice shall be in substantially the following form: NOTICE OF DANGEROUS BUILDING DATE: NAME OF OWNER: ADDRESS OF OWNER: Our records indicate that you are the owner(s) of the following property in Collier County, Florida. (Describe property by legal description or address) An inspection of this property discloses, and I have found and determined, that a hazardous and dangerous building exists thereon so as to constitute a threat to the safety of its occupants and/or the general public of Collier County. The specific hazards are as follows: (Describe / list hazardous conditions) You are hereby notified that unless the above dangerous conditions are remedied, so as to make the property in compliance with this Ordinance within thirty (30) days from the date hereof, the County will remedy the dangerous condition and the cost thereof will be levied as an assessment against such property. You are further notified that should you desire to contest the Housing Official's determination of the existence of a dangerous building you may apply for a hearing before the Code Enforcement Board (CEB) (or Special Master of Collier County). Such request for hearing shall be made in writing to the Secretary to the CEB /Special Master within fifteen (15) days from the date of this notice. SECTION TWELVE: STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDING BY THE COUNTY If the owner fails to repair the hazardous condition within thirty (30) days of service of the notice that a hazardous condition exists, or within fifteen (15) days of the final determination by the Board that a 15 Agenda Item No. 813 September 14, 2004 Page 19 of 26 hazardous condition exists, then the Housing Official shall, in ordering the repair or demolition of dangerous buildings, shall consider the following: a. Whether the interior walls or other vertical structure members list, lean or buckle to the extent that a plumb line passing through its center of gravity falls outside of the middle third of its base; or b. Whether the non - supporting, enclosing, or outside walls or covering, exclusive of the foundation, evidences 33% or greater damage to or deterioration; or c. Whether a structure exists in violation of any provision of the Building Code or any other ordinance of the County. If the building is unoccupied and it is deemed that demolition is not feasible, the building should be secured in accordance with the section of this ordinance regulating the boarding of vacant buildings or dwellings. SECTION THIRTEEN: ASSESSMENT OF COSTS TO OWNER WHEN ABATEMENT EXECUTED BY COUNTY 1. If the owner fails to remedy the hazardous condition, the County shall remedy the hazardous condition and notify the owner of the expense incurred by certified mail, return receipt requested at the address of the owner as listed in the tax collector's office for tax notices. The Housing Official shall then certify to the Board of County Commissioners the expense incurred in remedying the violation, whereupon such expense shall become payable within thirty (30) days. If the owner fails to pay the expense incurred within the prescribed time limit, the Board shall cause a resolution to be adopted assessing a special lien and charge upon the property which shall be payable with interest at the legal rate as of the date of certification by the Housing Official. The notice of assessment shall be in substantially the following form: LEGAL NOTICE OF ASSESSMENT DATE: NAME OF OWNER: ADDRESS OF OWNER: You, as the owner of record of the following property; (Describe property) are hereby advised that Collier County, Florida did on the _ day of , 20 , order that the hazardous or dangerous condition which existed on the above property be remedied, sending you notice thereof, the specific hazards being: (Itemize Hazards) A copy of such notice has been sent to you or your agent. You have failed to remedy the hazardous condition; whereupon, it was remedied by Collier County at a cost of $ ; such cost, has been assessed against the above property, in the same manner as a tax lien in favor of Collier County on 20_. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the Clerk of the Board of County Commissioners in writing within ten (10) days from the date of this notice. Such lien shall be enforceable in the same manner as a tax lien in favor of Collier County and may be satisfied at any time by payment thereof including accrued interest. Notice of such lien shall be filed in the office of the Clerk of the Circuit Court and recorded among the public records of Collier County, Florida. 16 Agenda Item No. 8B September 14, 2004 Page 20 of 26 If the owner believes that the expense certified by the Housing Official for correcting the hazardous condition is excessive, he may appeal the amount assessed by filing a written notice of appeal with the County Manager, with a copy to the Housing Official, within ten (10) working days after the notice of assessment. The owner may then appear before the Board and present facts supporting his position. Thereafter, the decision of the Board shall be final. 3. The Property Appraiser shall keep complete records relating to the amount payable for liens, above described, and the amount of such lien shall be included in tax statements thereafter submitted to the owners of lands subject to such liens. SECTION FOURTEEN: NOTICE FOR THE VACATION OF HAZARDOUS BUILDINGS If a dangerous or hazardous building exists, to the extent that it causes danger of imminent peril to life and health, the Code Enforcement Board or Special Master may order the building to be vacated. SECTION FIFTEEN: RESPONSIBILITY FOR PROPERTY MAINTENANCE Every owner of real property within unincorporated Collier County is required to maintain such property in a manner so as not to violate the provisions of this Ordinance, and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. SECTION SIXTEEN: RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURE VACANT BUILDINGS VACANT STRUCTURES, AND VACANT OR UNIMPROVED LOTS All owners of nonresidential structures, vacant buildings, vacant structures and vacant or unimproved lots shall comply with the following requirements: 1. Nonresidential Structures: a. All nonresidential structures shall be watertight, weather- tight, insect - proof, and in good repair. b. Every foundation, exterior wall and roof shall be reasonably watertight, weather -tight and rodent - proof, shall adequately support the building at all times, and shall be in a workmanlike state of maintenance and repair. C. Every interior partition, wall, floor and ceiling shall be reasonably tight and maintained in a workmanlike state of repair and in a clean and sanitary condition. d. All rainwater shall be drained and conveyed from every roof, and the lot shall be graded and drained, as not to cause dampness in the walls, ceilings, floors or basement of a structure. e. Every window, exterior door shall be reasonably weather- tight, watertight, and rodent - proof and shall be maintained in sound condition and repair, and secured with proper hardware. f. Every inside and outside stairway, every porch and every appurtenance thereto shall be constructed to be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and it shall be maintained in sound condition and repair. g. Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in sanitary working condition, free from defect, leaks, and obstruction. h. Every toilet, restroom and bathroom floor shall be constructed and maintained so as to be reasonably impervious to water, and such floors shall be kept in a clean and sanitary condition. 17 Agenda Item No. 813 September 14, 2004 Page 21 of 26 i. Every supplied facility, piece of equipment or utility which is required under this chapter shall be so constructed and installed that it will function safely, and effectively, and shall be maintained in good working condition. j. All exterior surfaces shall be protected from decay by painting or other protective covering or treatment. Substantial evidence of molding or chipping of the exterior surface will be required to be treated, repainted, or both. All siding shall be weather - resistant and watertight. k. No abandoned, unlicensed or inoperative vehicle shall be permitted on commercial or nonresidential property in view of the general public. 1. Exterior Lighting. All outdoor lighting shall be in compliance with the following: a) non - vehicular light sources that shine into the eyes of drivers of vehicles or pedestrian which could impair safe traverse are prohibited; b) all lighting shall be shielded and aimed at owner's premises or sidewalk and shall not create an adverse affect on adjacent properties. m. Landscaping maintenance. Where landscaping plans have been specifically incorporated and approved in a development plan, the landscape areas shall be maintained in a manner equal to the original landscaping approval. n. Accessory structures. Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures, attached or unattached to the principal structure, which are found by the building official to be structurally deficient, shall be repaired or demolished within the timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: (1) The exterior of the building and premises to include but not limited to parking areas and landscaping areas shall be maintained in a sound, clean and neat condition. (2) Signs shall be maintained in good condition. Where the sign structure remains, the sign faces are to be replaced with black panels (permit required). The design and color is subject to approval by the Building Department under the applicable development regulations. (3) All advertising structures, awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth, plastic or a similar material shall not show evidence of tearing, ripping or holes. Upon removal of advertising structure or awning, all supporting members shall be removed. Where supporting members have been left from sign removal prior to adoption of this article, such supporting member shall be removed within three months of the effective date of this ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets, sidewalks or other parts of the public right -of -way. (4) Where parking areas are to be barricaded to prohibit vehicular travel, it shall be accomplished by installation of parking bumpers pinned to the pavement. 2. Structures and Unimproved Lots: a. Every owner of a building, structure or lot, vacant or occupied, shall keep the premises in clean and sanitary condition, including yards, lawn, courts and driveways. Any dead or dying landscaping must be replaced and maintained. Uneven or damaged surfaces with or without holes must be repaired. b. Exterior premises shall be kept free from the excessive growth of weeds, grass and other flora. 18 Agenda Item No. 8B September 14, 2004 Page 22 of 26 C. Every owner of a building, structure or lot, previously improved or occupied, shall grade and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon. d. Unauthorized motor vehicles are prohibited from parking on or driving across any portions of a vacant lot, except for areas designated and approved by the County. e. Animals and pets shall not be kept on the premises in such manner as to create unsanitary conditions or constitute a public nuisance. f. Every owner of a building, structure or lot shall keep the premises reasonably free from rodents, insects and vermin. g. The roof of every building or structure shall be well - drained of rain water. h. All exterior surfaces shall be properly maintained and protected from the elements by paint or other approved protective coating applied in a workmanlike fashion. i. Every owner of a building, structure or lot, vacant or occupied, shall be responsible for removing any unauthorized obsolete, non - complying or any deteriorated signs, posters and graffiti from the building's exterior. j. All signs must be maintained and comply with the provisions of the Land Development Code. Should a wall sign be removed, the wall surface must be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building to remove any shadowing created by the removed sign. k. All materials used to board or secure a vacant building against entry shall be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building. 1. Every owner of a building or structure that is vacant and unsecured shall secure and maintain in secure condition all entrances and all other openings of such building or structure including, but not limited to, windows and doorways. M. Whenever any ground floor window of a vacant commercial storefront is found to be shattered, cracked, missing or broken, the owner of such building shall repair or replace the window. n. All non - residential and commercial properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. Parking shall be limited to designated areas (striped parking spaces) and said areas must be clearly marked. At no time should the rights -of -way be utilized for storage or parking of customer, employee or company vehicles parking, nor shall any item(s) be placed, abandoned or allowed to remain in any right -of -way. SECTION SEVENTEEN: CERTIFICATE REQUIRED FOR BOARDING BUILDING 1. A certificate of boarding is required for all buildings that are boarded. The fee for certificate of boarding shall be set by resolution of the Board of County Commissioners. 2. No person shall erect, install, place, or maintain boards over the doors, windows, or other openings of any building or structure or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building or structure without first applying for and, within 30 days of application, completing all of the steps necessary for the issuance of a boarding certificate, and thereafter having a valid and current boarding certificate issued by the county. 3. The Code Enforcement Department shall issue a boarding certificate upon the submission of a written application by the owner of the property or his authorized representative or contractor; upon the payment of the required fee; and upon the confirmation, through inspection by a Code Enforcement 19 Agenda Item No. 8B September 14, 2004 Page 23 of 26 Investigator, that the boarding or other method of securing the building or structure has been done in compliance with this ordinance. 4. The boarding certificate issued pursuant to this section shall authorize the boarding or other securing of a building or structure for a period of no greater than six months from the date of the issuance. Renewal of the boarding certificate may be granted by Code Enforcement Director or designee after the initial six -month period for an additional six months. A property owner or his representative or contractor seeking renewal of the boarding certificate must file written request for renewal with the Code Enforcement Department no later than ten business days prior to the expiration of the original certificate. The issuance of a renewal boarding certificate shall be subject to all of the following conditions: The boarding or other method of securing the building or structure has been done in compliance with this Ordinance, as confirmed by a Code Enforcement Investigator after inspection of the building or structure by the investigator. b. The owner or his authorized representative or contractor has submitted to Code Enforcement, 10 days prior to the expiration of the original certificate, a detailed plan for correction, repair, or rehabilitation of violations of state or local building and housing standards and for the securing of the doors, windows, and other openings by the conventional method used in the original construction and design of the building or structure or, alternatively, a detailed plan for sale of the property to another person or entity with provision in the sale of correction, repair, or rehabilitation C. The owner or his authorized representative or contractor has submitted to Code Enforcement, prior to the hearing, a time line for applying for all appropriate permits for such work and for completing such work prior to the expiration of the renewal certificate or, alternatively, a time line for the sale of the property d. The renewal certificate may be revoked by the Code Enforcement Board or Special Master if the owner fails to comply with the plan for such work or fails to adhere to the submitted time line. Notice of hearing for the revocation of a renewal certificate shall be done in accordance with this Ordinance. S. A boarding certificate may not be extended beyond the renewal period except upon demonstration that good cause for the renewal exists. Good cause shall require a showing by the owner that the certificate renewal is made necessary by conditions or events beyond the owner's control, such as inability to obtain financing for repair or rehabilitation, unanticipated delays in construction or rehabilitation, or unanticipated damage to the property. In addition, where appropriate, good cause shall also require a showing by the owner that the owner has exercised reasonable and due diligence in attempting to complete the needed correction, repair, or rehabilitation, or is attempting to sell the property. if the Code Enforcement Board or Special Master determines that there exists good cause to renew the certificate, the certificate may be renewed by the Code Enforcement Board or the Special Master for a period of up to, but not more than, an additional six months, subject to all of the same conditions imposed on the original renewal certificate. 6. No occupied building shall be permitted to be boarded for a period greater than 60 days. SECTION EIGHTEEN: NUISANCES SPECIFIED It is declared unlawful and a public nuisance for any owner of any property in the County to allow any vacant and unoccupied building that has doors, windows, or other openings broken or missing, allowing access to the interior, on his property which is not secured in compliance with this Ordinance. 20 Agenda Item No, 8B September 14, 2004 Page 24 of 26 SECTION NINETEEN: STANDARDS FOR SECURING BUILDING 1. Compliance with county specifications. The boarding of the doors, windows, or other openings of any building or structure, or any means of securing such openings, other than by the conventional method used in the original construction and design of the building or structure, shall comply with the specifications as required by this Ordinance. 2. Additional requirements. In connection with the boarding of the doors, windows, or other openings of any building or structure, or any means of securing such openings, other than by the conventional method used in the original construction and design of the building or structure, the owner shall also comply with all of the following requirements: a. All electrical service to the building or structure shi ll be shut off for safety precautions. Compliance with this subsection may be waived in writing by the Building Official or designee as to the electric utility service if electricity is needed to power exterior security lighting, an alarm system, or equipment to be used in connection with the rehabilitation of the building or structure for which there is an active and current building permit. b. The sewer shall be capped in a manner approved by the County so as to prevent the accumulation of methane gas in the building or structure. C. The interior of the building or structure shall be cleaned of all trash, junk, garbage, debris, and solid waste, and personal possessions shall be removed from the interior of the building or structure, so as to eliminate any fire or health hazard and to prevent hindrance to firefighting equipment or personnel in the event of a fire. SECTION TWENTY: EXCEPTIONS TO BOARDING REQUIREMENTS A boarding certificate shall not be required in the following circumstances: Temporary emergency situations, including, but not limited to, an activation of a Local, State or Federal response plan, hurricane preparation and damage caused by local weather. 2. Property that is under the jurisdiction of the Code Enforcement Board (CEB), pursuant to an order rendered by the CEB. 3. County- initiated boarding and securing. SECTION TWENTY -ONE: COSTS INCURRED BY COUNTY: ASSESSMENT OF LIEN All costs incurred by the County for actions taken by the County to cure violations of this Ordinance shall be charged and billed to the person in violation of this Ordinance. Unless payment is made within 30 days of such billing, the Board of County Commissioners may, by the adoption of a resolution levying such charges and administrative fees, assess against the property a lien in the amount of the charges outstanding. Assessment liens levied in this manner shall be filed with the Clerk of Courts and in the public records of the County as a lien against the property and shall be prior in dignity to all other liens against the property, save and except a lien for taxes. Such assessments shall bear interest at the legal rate and such liens may be foreclosed in the same manner in which mortgage liens are foreclosed. SECTION TWENTY - TWO: NOTICE OF HEARING FOR REVOCATON OF BOARDING RENEWAL CERTIFICATE The Secretary to the Code Enforcement Board or Special Master shall send out a Notice of Hearing to the owner or his authorized representative by either certified mail, return receipt requested, hand delivery upon a party, posting on the property and at the courthouse, or in any manner authorized as provided by the Ordinance establishing the Code Enforcement Board or Special Master, as appropriate. 21 Agenda item No. 8B September 14, 2004 Page 25 of 26 The Secretary to the Board shall provide Notice to the owner as herein provided at least ten (10) days prior to the hearing at which the revocation consideration will be presented. A copy of said Notice shall be sent to the supervisor of the Code Enforcement Investigator involved, the Code Enforcement Investigator involved and if applicable, the attorney for the Board. 2. The Notice of Hearing shall inform the property owner that he or she is permitted to provide an evidentiary packet of information to the Secretary to the Code Enforcement Board or Special Master for distribution prior to the Hearing. In order to have the information provided to the reviewing body prior to the Hearing, the property owner should submit fifteen (15) copies of his or her information to the Secretary to the Board five (5) days prior to the scheduled heating. The Secretary to the Board shall distribute the evidentiary packet to the reviewing body. If the Code Enforcement Investigator intends to provide an evidentiary packet prior to the Hearing, the evidentiary packet must be delivered to the property owner along with the Notice of Hearing. The Secretary to the Board shall not deliver his or her evidentiary packet to the reviewing body until he or she receives the owner's evidentiary packet or until the deadline by which the owner's packet of information must be received by the Secretary has passed. If the owner timely delivers his or her evidentiary packet, the Secretary to the Board shall deliver all preliminary evidentiary packets together. SECTION TWENTY - THREE: REPEAL OF COLLIER COUNTY ORDINANCE NO. 76-70-, ORDINANCE NO. 89 -06. ORDINANCE NO. 96 -76• AND ORDINANCE NO. 99-58. Collier County Ordinance No. 76-70 relating to Dangerous or Hazardous Buildings; Ordinance No. 89 -06 relating to Minimum Housing Standards and Ordinance Numbers 96-76 and 99 -58 relating to Rental Dwelling Unit Registration Requirements are hereby repealed in their entirety and superceded by this Ordinance. SECTION TWENTY -FOUR: PENALTIES. If any person, firm or corporation, whether public or private, or other entity fails or refuses to obey or comply with or violates any of the provisions of this Ordinance, such person, firm, corporation or other entity, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed Sixty (60) days in the county jail, or both, in the discretion of the Court. Each violation or non - compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non - compliance shall be considered as a separate offense. Nothing herein contained shall prevent or restrict the County from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non- compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. Further, nothing in this Section shall be construed to prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board or Special Master established pursuant to the authority of Chapter 162, Florida Statutes. All remedies and penalties provided for in this Section shall be cumulative and independently available to the County and the County shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. SECTION TWENTY -FIVE: LIBERAL CONSTRUCTION. This Ordinance shall be liberally construed to effectuate its public purpose. 22 Agenda Item No. 8B September 14, 2004 Rage 26 of 26 SECTION TWENTY -SIX: 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 re- lettered to accomplish such, and the words "code" or "ordinance" may he changed to "section ", "article ", or any other appropriate word. SECTION TWENTY- SEVEN: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TWENTY- EIGHT: EFFECTIVE DATE. This Ordinance shall be 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. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Patricia L. Morgan, Deputy Clerk Approved as to form and legal Sufficiency: Jennifer A. Belpedio Assistant County Attorney 23 DONNA FIALA, Chairman Agenda Item No. 8C September 14, 2004 Page 1 of 43 EXECUTIVE SUMMARY Petition: DRI- 03- AR4777, C. Laurence Keesey, representing Waterside Shops at Pelican Bay Trust and WCI Communities, Inc, requesting an amendment to the Pelican Bay Development of Regional Impact (DRI), to relocate 121,000 square feet of approved, but not yet constructed and uncommitted commercial use from the North Commercial Area to the South Commercial Area, reduce the approved maximum number residential dwellings by 800 units to a new maximum of 7,800 residential dwelling units for property located at the northwest quadrant of the intersection of Tamiami Trail (US41) and Seagate Drive in Sections 32 and 33, Township 48 South, Range 25 East, and Sections 4, 5, 8, and 9, Township 49 South, Range 25 East Collier County, Florida. Companion Item: PUDA- 03- AR4008 OBJECTIVE: This petition seeks to amend the Pelican Bay Development of Regional Impact (DRI) Development Order in order to allow the reallocation of 121,000 square feet of approved, but not yet constructed and uncommitted commercial use (consisting of 36,000 square feet of office and 85,000 square feet of retail) from the North Commercial Area to the South Commercial Area. Most of the 121,000 square feet of commercial use relocated from the North Commercial Area will be converted to and utilized for additional retail use within the Waterside Shops. In addition, the Pelican Bay PUD is currently approved to contain up to 8,600 residential dwelling units. This petition will reduce the approved number by 800 units, to a new maximum of 7,800 residential dwelling units. CONSIDERATIONS: The Pelican Bay PUD/DRI is a mixed -use planned community that was originally approved by the Board of County Commissioners in 1977 (DO -77 -1; PUD Ordinance #77 -18). The PUD Document has been amended many times in the past for minor or "fine tuning" changes to the development standards, the Pelican Bay DRI Development Order (DO). Other changes included amendments to the Development Order and are as follows: In 1987, the DIZI DO was amended to allow the location of an "attraction/recreation" use, which is now the Naples' Philharmonic Center for the Performing Arts. A substantial deviation to the project was approved in 1989 (DO- 89 -77A; PUD Ordinance #89 -35). This change was approved to increase the amount of commercial use and to reduce the maximum number of residential units by 1,000 units resulting in a total of 8,600 residential dwelling units and a total of 1,095,000 square feet of commercial uses, including 454,600 square feet in the North Commercial Area and 640,400 square feet in the South Commercial Area. Although the South Commercial Area is presently developed with nearly its maximum floor area allowed by the Pelican Bay DRI Development Order, the developer (WCI Communities, Inc.) owns the remaining uncommitted, un -built development rights within the North Commercial Area totaling 170,343 square feet and up to 1,625 residential dwelling units. Due to changing market conditions, the Waterside Shops commercial center located in the South Commercial Area needs additional space to expand in order to attract new tenants that require the additional floor area. FISCAL IMPACT: DRI- 03- AR4777, Pelican Bay DRI 1 Agenda Item No, 8C September 14, 2004 Page 2 of 43 This amendment to the DRI DO by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the property is rezoned, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. Th, ,-se impact fees are used to fund identified projects in the Growth Management Plan (GMP) Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, fifty percent (50 %) of the estimated Transportation Impact Fees associated with the project is required to be paid simultaneously with the approval of each final local development order. Other fees collected prior to the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: The subject property is designated "Urban/Mixed Use" on the countywide Future Land Use Map, and is currently zoned PUD and is also an approved DRI. This Sub - district permits residential development _.. (variety of unit types) at a base density of 4 dwelling units per acre and is intended to accommodate a variety of residential and non - residential uses, including commercial retail uses. The Density Rating System indicates that this project is within a Traffic Congestion Area resulting in a reduction of 1 dwelling unit per acre from the base density. Therefore, the density of 3.89 dwelling units per acre is deemed not consistent with the Future Land Use Element (FLUE). Conversely, a review of FLUE Policy 5.1 provides properties zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re- evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as properties consistent by Policy as noted above. Some of the commercial portions of this PUD do not comply with criteria in the FLUE and therefore are not consistent with the Future Land Use Designation Description Section. However, FLUE Policy 5.1 provides properties zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re- evaluation Program are consistent with the GMP and designated on the Future Land Use Map series as properties consistent by Policy. The proposed shifting of the commercial square footage within the Activity Center boundaries is consistent with the FLUE. ENVIRONMENTAL ISSUES: The proposed change is only to reallocate 121,000 square feet of approved, but not yet constructed and uncommitted commercial floor area from the North Commercial Area to the South Commercial Area. This reallocated square footage will be utilized for additional retail space within the existing commercial tract for the Waterside Shops. This petition will not impact any wetland preserve tract. ENVIRONMENTAL ADVISORY COUNCIL (EAQ RECOMMENDATION: DRI -03 -AR -4777, Pelican Bay DRI 2 Agenda Item No. 8C September 14, 2044 Page 3 of 43 Because the proposed change will not impact any previously approved wetland area, no Environmental Impact Statement (EIS) was required for this petition. Therefore, this petition was not required to go to the EAC. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL: The Pelican Bay Notice of Proposed Change (NOPC) was submitted to the regional staff on April 10, 2003 and submitted copies with the required PUD Amendment application to Collier County. The Development Order amendment provides for a development strategy that permits the reallocation of 170,343 square feet of approved, but not yet constructed and uncommitted commercial use (consisting of 161,945 square feet of office and 8,398 square feet of retail) from the North Commercial Area to the South Commercial Area. Most of the 170,343 square feet of commercial use relocated from the North Commercial Area will be converted to and utilized for additional retail use within the Waterside Shops. On May 15, 2003, the Southwest Florida Regional Planning Council (SWFRPC) heard the Notice of a Proposed Change to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes. The Regional Planning Council adopted the staff assessment for the Pelican Bay NOPC with changes. The changes were to recommendation #1 as noted below: 1. Notify Collier County, the Florida Department of Community Affairs (DCA) and the applicant of the SWFRPC's finding that the changes will not trigger a substantial deviation. This finding does not constitute a recommendation for approval of the project as proposed. The applicant and Collier County should address council concerns regarding the transfer of commercial uses at the northern portion of the project to the south portion and the impacts to US41 and the intersection with Seagate Drive. RPC Staff participation at the local public hearing may be necessary if requested by the County for technical assistance. Request that Collier County provide a copy of the proposed Development Order and any related materials to the Southwest Florida Regional Planning Council to assure that the Development Order is consistent with the NOPC. DEPARTMENT OF COMMUNITY AFFAIRS: The Department of Community Affairs has not written any correspondence objecting to the Notice of Proposed Change (NOPC) for the Pelican Bay Development of Regional Impact (DRI). The purpose of this petition is to amend the Pelican Bay PUD/DRI as noted above. Pursuant to the criteria in Section 380.06(19)(e), Florida Statutes (F.S.), the proposed changes are not presumed to create a substantial deviation from the approved DO. This petition will not create additional regional impacts. Therefore, pursuant to Section 380.06(19)(f) 4., F.S., the Department has not objected to this NOPC. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: DRI -03 -AR -4777, Pelican Bay DRI 3 Agenda Item No. 8C September 14, 2004 Page 4 of 43 The CCPC reviewed this petition during their public hearing on August 19, 2004. A motion by Commissioner Strain to forward petition DRI -03 -AR -4777 to the BCC with a recommendation of approval was accepted by a vote of 5 to 2. The recommendation of approval is subject to staff stipulations and includes the following conditions: Prior to obtaining a Certificate of Occupancy for any of the expansion of retail use within the Waterside Shops at Pelican Bay Trust's property, Waterside Shops, or it's agent, shall commence construction of one additional northbound left -turn lane located on U.S. 41 at Seagate Drive. The cost of the additional left -turn lane shall be paid by Waterside Shops and constructed in accordance with Collier County/Florida Department of Transportation (DOT) specifications. In the event that construction was not commenced due to either a delay by the County or Florida DOT in issuing a construction permit for the turn lane or due to a County or Florida DOT determination that the turn lane in not feasible at this location, then the maximum number of dwelling units shall be reduced by 825 units. This will reduce the maximum number of dwelling units permitted within the Pelican Bay PUD to a total of 6,975 units and eliminates any remaining uncommitted units. 2. The project shall be subject to the Collier County Traffic Signal program to improve the timing of traffic signals and traffic flow at the signalized entry points serving Pelican Bay. The Planning Commissioners recommending approval found this petition to be consistent with the GMP and is compatible with the surrounding land uses. Furthermore, with the additional stipulations including a second northbound left -turn lane located on U.S. 41 at Seagate Drive, the proposed expansion of the Waterside Shops would not result in additional site - generated trips that would significantly impact traffic circulation on Seagate Drive. Because the petitioner does not agree with the CCPC recommended stipulations and because two CCPC members recommended denial, this petition could not be placed on the summary agenda. STAFF RECOMMENDATION: Staff recommends approval of Petition DRI -03 -AR -4777 as otherwise described by the amending DRI Development Order resolution included in this Executive Summary. DRI -03 -AR -4777, Pelican Bay DRI 4 43— NO JC COLLIER COUNTY Bc-R:; OF COUNTY COMMISSIONERS hem MMmBM 5; T.—, T, [•,S <t , U.- F,-O— 31, T—.,, -'5 S-., R— Z E.,!. D— BY a: bar App—rd BY Approved By E; Appl-ed By App— By APP-4 By 1pp�� By App—W By App—d B, Agenda Item No. 8C September 14, 2004 Page 6 of 43 er t Co County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES HEARING DATE: AUGUST 5, 2004 RE: PETITION NO: DRI -03 -AR -4777, PELICAN BAY DRI COMPANION ITEM: PUDA -03 -AR -4008 AGENT /APPLICANT: Agent: C. Laurence Keesey 18900 Bay Woods Lake Drive, Unit #203 Fort Myers, FL 33908 Owner: W.C.I. Communities, Inc. Waterside Shops at Pelican Bay Trust 24301 Walden Center Drive 5415 Tamiami Trail North Bonita Springs, FL 34134 Naples, FL 34108 REQUESTED ACTION: This petition seeks to amend the Pelican Bay Development of Regional Impact (DRI) Development Order in order to allow the reallocation of 121,000 square feet of approved, but not yet constructed and uncommitted commercial use (consisting of 36,000 square feet of office and 85,000 square feet of retail) from the North Commercial Area to the South Commercial Area. Most of the 121,000 square feet of commercial use relocated from the North Commercial Area will be converted to and utilized for additional retail use within the Waterside Shops. In addition, the Pelican Bay DRI is currently approved to contain up to 8,600 residential dwelling units. This petition will reduce the approved number by 800 units, to a new maximum of 7,800 residential dwelling units. GEOGRAPHIC LOCATION: The Pelican Bay PUD is located in the northwest quadrant of the intersection of Tamiami Trail (US -41) and Seagate Drive in Sections 32 and 33, Township 48 South, Range 25 East, and Sections 4, 5, 8, and 9, Township 49 South, Range 25 East Collier County, Florida. (See illustration on following page) PURPOSE/DESCRIPTION OF PROJECT: DOA -03 -AR -4777, Pelican Bay DRI Agenda Item No, 8C September 14, 2004 Page 7 of 43 The Pelican Bay PUD /DRI is a mixed -use planned community that was originally approved by the Board of County Commissioners in 1977 (DO -77 -1; PUD Ordinance #77 -18). The Pelican Bay PUD document has been amended many times in the past for minor or "fine tuning" changes to the development standards while the Pelican Bay DRI Development Order has been amended twice since 1977. These changes include an amendment in 1987 to allow the Naples Philharmonic Center for the Performing Arts as an "attraction/recreation use. A substantial deviation to the project was also approved in 1989 (DO- 89 -77A; PUD Ordinance #89 -35). This change was approved to increase the amount of commercial uses and to reduce the maximum number of residential units by 1000 units. This change resulted in a total of 8,600 residential dwelling units and a total of 1,095,000 square feet of commercial uses, including 454,600 square feet in the North Commercial Area and 640,400 square feet in the South Commercial Area. Although the South Commercial Area is presently developed with nearly its maximum floor area allowed by the Pelican Bay DRI Development Order, the developer (WCI Communities, Inc.) owns the remaining uncommitted, un -built development rights within the North Commercial Area totaling 170,343 square feet and up to 1,625 residential dwelling units. Due to changing market conditions, the Waterside Shops commercial center located in the South Commercial Area needs additional space to expand in order to attract new tenants that require the additional floor area. The petitioner is now requesting an amendment to the Pelican Bay PUD and DRI to allow the following changes: Reallocate 121,000 square feet of approved, but not yet constructed and uncommitted commercial use from the North Commercial Area to the South Commercial Area. Reduce the approved number of residential dwelling units by 800 units allowing a new maximum of 7,800 units. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL: The Pelican Bay Notice of Proposed Change (NOPC) was submitted to the Regional staff on April 10, 2003, and copies were also submitted to Collier County with the required PUD Amendment application. The Development Order amendment provides for a development strategy that permits the reallocation of 121,000 square feet of approved, but not yet constructed and uncommitted commercial use from the North Commercial Area to the South Commercial Area. Most of this floor area relocated from the North Commercial Area will be converted to and utilized for additional retail use within the Waterside Shops. On May 15, 2003, the Southwest Florida Regional Planning the Notice of a Proposed Change to a previously approved Impact pursuant to Subsection 380.06(19) Florida Statutes DOA -03 -AR -4777, Pelican Bay DRI Council (SWFRPC) heard Development of Regional . The Regional Planning Agenda Item No. 8C September 14, 2004 Page 8 of 43 Council adopted the staff assessment for the Pelican Bay NOPC with changes. The changes were to recommendation #1 as noted below: Notify Collier County, the Florida Department of Community Affairs (DCA) and the applicant of the SWFRPC's finding that the changes will not trigger a substantial deviation. This finding does not constitute a recommendation for approval of the project as proposed. The applicant and Collier County should address council concerns regarding the transfer of commercial uses at the northern portion of the project to the south portion and the impacts to the US -41 and Pine Ridge Road intersection. RPC Staff participation at the local public hearing may be necessary if requested by the County for technical assistance. 2. Request that Collier County provide a copy of the proposed Development Order and any related materials to the Southwest Florida Regional Planning Council to assure that the Development Order is consistent with the NOPC. DEPARTMENT OF COMMUNITY AFFAIRS: The Department of Community Affairs has not written any correspondence objecting to the Notice of Proposed Change (NOPC) for the Pelican Bay Development of Regional Impact (DRI). The purpose of this petition is to amend the Pelican Bay PUD /DRI as noted above. Pursuant to the criteria in Section 380.06(19)(e), Florida Statutes (F.S.), the proposed changes are not presumed to create a substantial deviation from the approved DO. This petition will not create additional regional impacts. Therefore, pursuant to Section 380.06(19)(1) 4., F.S., the Department has not objected to this NOPC. ANALYSIS: Development approvals contained in DRI Development Orders are prerequisite to zoning actions that implement DRI land use authorizations. DRI Development Orders are structured first and foremost to contain regulations that respond to relationships dictated by State Administrative rules. Specifically, those relationships and questions that an applicant is required to analyze and report on as part of their Application for Development Approval (ADA). Amendments as described by the NOPC deal with those same questions in the event they become applicable. To the extent they are applicable, they become part of the technical data submitted as part of the NOPC. It is that information that was reviewed by SWFRPC and they concluded that the proposed changes do not create additional regional impacts or regional impacts not previously reviewed. This conclusion is essentially one that says the changes are of an insubstantial nature. Similarly, the Department of Community Affairs has not objected to the proposed changes and indicates that the changes were of an insubstantial value. Comparisons of approved development to the. proposed land uses for portions of the Pelican Bay DRI are as follows: DOA -03 -AR -4777, Pelican Bay DRI 3 Agenda Item No. 8C September 14, 2004 Page 9 of 43 NORTH OFFICE: 304,600 S.F RESIDENTIAL UNITS: 8,600 142,655 S.F. - 112,602 S.F. 7,800 -800 UNITS The proposed changes to the Pelican Bay PUD /DRI do not require any changes to the currently approved Master Plan. The only additional physical development resulting from this amendment will occur on the existing 28 -acre Waterside Shops site. No additional land will be added to this commercial site as a result of this petition. The expansion of the commercial area is proposed to be accomplished primarily by adding a second story to the two major- tenant retail store currently located on the site. The reduction of 800 units from the maximum total does not affect, limit or change any existing residential units or contracts the developer previously entered into which convey development rights. If this Development Order Amendment is approved, WCI will retain development rights for no more than 825 units within the Pelican Bay DRI. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition DOA -03 -AR -477 7 described by the amending Pelican Bay this Staff Report. PREPARED BY: to the Board of County Commissioners as DRI Development Order resolution included in DOA -03 -AR -4777, Pelican Bay DRI 4 LAST REVISED AMOUNT OF INCREASE DEV. ORDER BUILT OR DECREASE TOTAL ACRES: 2,104 Acres N/A 0 SOUTH RETAIL: 285,000 S.F. 255,096 S.F. +85,000 S.F. SOUTH OFFICE: 355,400 S.F. 371,400 S.F. +36,000 S.F. NORTH RETAIL: 150,000 S.F. 141,655 S.F. -8,398 S.F. NORTH OFFICE: 304,600 S.F RESIDENTIAL UNITS: 8,600 142,655 S.F. - 112,602 S.F. 7,800 -800 UNITS The proposed changes to the Pelican Bay PUD /DRI do not require any changes to the currently approved Master Plan. The only additional physical development resulting from this amendment will occur on the existing 28 -acre Waterside Shops site. No additional land will be added to this commercial site as a result of this petition. The expansion of the commercial area is proposed to be accomplished primarily by adding a second story to the two major- tenant retail store currently located on the site. The reduction of 800 units from the maximum total does not affect, limit or change any existing residential units or contracts the developer previously entered into which convey development rights. If this Development Order Amendment is approved, WCI will retain development rights for no more than 825 units within the Pelican Bay DRI. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition DOA -03 -AR -477 7 described by the amending Pelican Bay this Staff Report. PREPARED BY: to the Board of County Commissioners as DRI Development Order resolution included in DOA -03 -AR -4777, Pelican Bay DRI 4 Agenda Item No. 8C September 14, 2004 Page 10 of 43 RAY BELLOWS, CHIEF PLANNER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN DOA -03 -AR -4777, Pelican Bay DRI Agenda Item No. 8C September 14, 2004 DOA - 2003 -AR -4777 age 11 of 43 PROJECT #2003020030 DATE: 9/25/03 RAY BELLOWS APPLICATION FOR PUBLIC HEARING FOR DRI AMENDMENT - DO AMENDMENT PETITION NAME: Notice of Proposed Change (NOPQ to Development Order for Pelican Bay Development of Regional Impact COORDINATING PLANNER: Raymond Bellows DATE: September 23, 2003 1. Name of Applicant (s) ® Waterside Shops at Pelican Bay Trust Applicant's Mailing Address Attn: Mr. Glen Harrell 5415 Tamiami Trail North STE 320 City Naples State FL Zip 34108 Applicant's E -Mail Address: glen.harrell(kingclarion.com Applicant's Telephone Number:Res: Bus.: 239 598 -1605 Fax#: 239 598 -1773 Is the applicant the owner of the subject property? ® Yes ❑ No ® (a) If applicant is a land trust, so indicate and name beneficiaries below. ❑ (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. ❑ (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ❑ (d) If applicant if an owner, indicate exactly as recorded, and list all other owners, if any. ❑ (e) If applicant if a lessee, attach copy of lease, and indicate actual owners if not Indicated on the lease. ❑ (1) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. The beneficiaries (100 %) of the Waterside Shops at Pelican Bay Trust is Properly Florida SCJLW 1 Corn. (If space is inadequate, attach on separate page.) ® Point Applican WCI Communities Inc. Agenda Item No, 8C September 14, 2004 Page 12 of 43 Attn: Vivien Hastings, Esq. 24301 Walden Center Drive Bonita Springs, FL 34134 Tel. #239 498 -8525 Fax. #239- 949 -0233 2. Name of Agent George L. Varnadoe and C. Laurence Keesey, Esq. Firm Young, van Assenderp, Varnadoe & Anderson, P.A. Agents Mailing Address 8 1 %JM goy WCdd S Coo. br►vI- t�r m�iE R S U N rr Z 0 3 City 'N"I" State FL Zip 34#98 3-90Ff Agent's E -Mail Address: Wrty K way 0 y4m• eewX Telephone Numbers: Res.: Fax: (239) 597 -1060 Bus. (2329: -2W (Z3g0413Z-Oa44 3. PUD ORDINANCE NAME AND NUMBER: The Pelican Bay DRI/PUD, a planned community, was originally approved by Collier County In 1977 (D.O. 77 -1; PUD ORD. #77 -18) and a substantial deviation to the project was approved in 1989 (D.O.89 -77A; PUD ORD. #89 -35) 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd - shaped, submit rive (5) copies of the survey (I" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AND ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION TOWNSHIP RANGE LEGAL DESCRIPTION Pelican Bay: All the fractional part of Section 32, lying South of Vanderbilt Beach Road; and all of Section 33, lying South of Vanderbilt Beach Road and West of State Road 45 (U.S. 41); all in Township 48 South, Range 25 East, Collier County, Florida. AND ALSO, all of Section 4, lying West of State Road 45 (U.S. 41); all fractional parts of Government Lots I and 2, Section 5; all fractional part of Section 8; and all of Section 9, lying West of State Road 45 (U.S. 41), excepting therefrom the South 70 feet of the Southeast 1/4, and the South 70 feet of the East 158.25 feet of the Southwest 1/4; all in Township 49 South, Range 25 East, Collier County, Florida Waterside Shops: (See legal description for Waterside Shops parcel, located within South Commercial Area of Pelican Bay, attached as Exhibit " A ".) Agenda Item No. 8C September 14, 2004 Page 13 of 43 5. Address or location of subject property General Location: Land is in Pelican Bay DRI/PUD west of U.S. 41, north of Seagate Drive and south of Vanderbilt Beach Road, bordered on the west by the Gulf of Mexico The Waterside Shops Parcel is in the northwest quadrant of the intersection of U.S. 41 and Seagate Drive 6. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No 7. TYPE OF AMENDMENT: ® A. PUD Document Language Amendment M B. PUD Master Plan Amendment ® C. Development Order Language Amendment 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: ®Yes [:]No If no, explain: 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? NO PETITION #: DATE: 10. HAS ANY PORTION OF THE PUD BEEN ® SOLD and/or ® DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND /OR DEVELOPED? ® Yes ❑ No IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). See discussion of Project History and Proposed Changes to Pelican Bay DRI below. Project History The Pelican Bay DRI/PUD, a planned community, was originally approved by Collier County in 1977 (D.O. 77 -1; PUD ORD. #77 -18) and a substantial deviation to the project was approved in 1989 (D.O. 89 -77A; PUD ORD. #89 -35). As currently approved, Pelican Bay is authorized to contain a maximum of 8,600 residential dwelling units and up to 1,095,000 gross square feet ( "GSF ") of commercial uses, including both retail and office. The project's construction began soon alter its approval, and Pelican Bay is nearing completion. WCI Communities, Inc. ("WCI") is the developer of Pelican Bay and owns the remaining uncommitted, unbuilt development rights approved in the existing DRI Development Order and PUD Document. Since the County's initial approval of the Pelican Bay DRUPUD in 1977, WCI has sold virtually all land within Pelican Bay to other developers or landowners, along with most of the residential and commercial development rights approved within Pelican Bay. WCI Communities, Inc. currently owns the remaining uncommitted development rights within Pelican Bay, including rights to construct 170,343 square feet of commercial use in the North Commercial Area and up to 1625 residential dwelling units. Agenda item No_ 8C September 14, 2004 Page 14 of 43 Waterside Shops is the owner of a 28.3 acre parcel within the South Commercial Area of Pelican Bay and is proposing to purchase the remaining #3 sq. ft. of commercial use allowed within Pelican Bay's North Commercial Area and to relocate it to the South, for expansion of the Waterside Shops. Waterside Shops is the only owner of property within Pelican Bay whose land or development rights will be affected or changed by this proposed amendment to the Pelican Bay DRI Development Order (D.O.77 -1, as amended). The current Pelican Bay DRI (and PUD) approval assigns all of the commercial uses to either the North Commercial Area (approved for up to 454,600 gross square feet) or the South Commercial Area (approved to contain up to 640,400 GSF). As of the date Waterside Shops at Pelican Bay Trust ( "Waterside Shops ") and WCI Communities, Inc. ( "WCI ") filed their joint applications for PUD and DRI amendments, a total of 6975 residential dwelling units have been constructed, or are under contract. WCI owns development rights for the 1625 remaining uncommitted and unbuilt residential units. Within Pelican Bay's North Commercial Area, a total of 284,257 GSF of commercial space has been committed or constructed, including 142,655 GSF of office use and 141,602 GSF of retail use. This leaves a remainder of 170,343 GSF of approved, but uncommitted, commercial space that is allocated to the North Commercial Area by the Development. The South Commercial Area is currently approved to contain up to 355,400 GSF of office space and 285,000 GSF of retail use. The Waterside Shops portion of the South Commercial Area contains 255,096 GSF of retail space, and a 10,000 square foot office building, located within a 28.3 acre parcel owned by the Applicant. Proposed Changes The property affected by this Notice of Proposed Change to the Pelican Bay DRI Development Order is limited to the following: (a.) The parcel of land owned by the Waterside Shops at Pelican Bay Trust, consisting of approximately 283 acres; and (b.) The remaining uncommitted Pelican Bay DRI development rights owned and controlled by WCI Communities, Inc., as such development rights are specified in the Pelican Bay DRI development order, and excluding any and all Pelican Bay DRI development rights which have been sold, conveyed, developed or placed under contract by WCI prior to the filing of this NOPC application. The proposed changes to Pelican Bay do not require any changes to the currently approved Master Plan, which will remain in effect without modification (see Exhibit "'B"). The only construction, or additional physical development that will occur as a result of these changes will occur on the existing Waterside Shops site. The proposed changes include reduction of the number of approved residential dwelling units and a transfer of floor area for all uncommitted commercial use from the North Commercial Area to the South Commercial Area, as described below: Agenda Item No. 8C September 14, 2004 Page 15 of 43 (1.) Waterside Shops parcel (28.3 acres) is the only land affected by the proposed change. WCI Communities' remaining residential and commercial uncommitted development rights are the only additional "property" or development rights affected by the proposed changes. Other current Pelican Bay property owners, purchasers and owners of commercial and residential land, owners of residential units, and any other owner of development rights within the Pelican Bay DRI are not parties to, and are not affected by the assignment of WCI's development rights to Waterside Shops that is the subject of this application. (2.) A reduction in the number of WCI's remaining approved residential development rights by 800 units, from 8,600 dwelling units currently approved to a new total of 7,800 units. This reduction of 800 units does not affect, limit or change any existing residential units or any existing contracts WCI may have previously entered into which convey development rights or land. This reduction of 800 units does not affect any existing residential units in Pelican Bay, nor any landowner's or developer's rights, (pursuant to any contract with WCI) to develop residential units within Pelican Bay, other than the reduction of WCI's development rights described above. If this NOPC is approved, WCI will retain development rights for no more than 825 residential units within Pelican Bay DRL (3.) A decrease of approved but uncommitted commercial use within the North Commercial Area by a total of 170,343 GSF. This amount consists of 8,398 GSF of retail use and 161,945 GSF of office space. This reduction will prevent additional commercial development within the North Commercial Area beyond the currently committed or constructed amount of 284,257 GSF of commercial use, which will become the new maximum approved amount within the North Commercial Pod. (4.) An increase of approved commercial use within the South Commercial Area of Pelican Bay by 170,343 G.S.F. The additional retail and office uses will be located within the 28.3 acres comprising the Waterside Shops portion of the South Commercial Area. The currently approved 640,400 GSF of commercial use in the South Commercial Area will be increased by the identical amount, 170,343 GSF, being transferred from the North Commercial Area. The increased floor area within the South Commercial Area will consist of an additional 36,000 sq. ft. of approved office use and an additional 134,343 GSF of approved retail use. The increase in retail and office commercial use within the Waterside Shops will not require any additional land beyond the existing 28.3 acre Waterside Shops parcel. The expansion of the Waterside Shops will be accomplished in large part by adding a second story to the two major- tenant retail stores currently located on the site. The table on the following page depicts a matrix of the amounts of "approved ", "constructed" and "proposed" commercial and residential uses within the Pelican Bay DRUPUD and Waterside Shops parcel. ** Section 2.7.23.2 (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 County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately (_)rrch CO O "T allo o �D 72 F) < �n U O U d U a w a E� Z W A'r U �r a w a. O A °o Awa A C7 C�Osx00 „o o: M N A A Q � O O o M A c�, eC 00 Wiz A O aA oAZ o uti N to � CD � M 0`00 °: „y N 00 M �t ,a H M M V1 00 M r} � O Q OD 00 M O� E O M N \R, %ICL O� 00 N � � N t- M h N W A �O Aa °« °o °O 3 o 0 0 Q eC v1 �n M en N cn A � U Op x 00 WO E� Z W A'r U �r a w a. O A °o Awa A C7 owl aA �a N A A Q � O O U U A c�, eC 00 A O t AFFIDAVIT Agenda Item No. 8C September 14, 2004 Page 17 of 43 We, being first duly sworn, depose and say that we are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, 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 understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. See attached Joint Consent and Appointment ofApent on the four (4) following pates. SIGNATURE OF OWNER SI OF OWNS SI NATURE OF AGEN TI State of Florida County of Collier County BCC The foregoing Application was acknowledged before me this / Day of Sep ex 2r 200 3 , by L au�c ncG fps e , who is personally known to me or who has produced as identification and who did (did not) take an oath. .....r.. Signature of ota ablic) E� DENSE RYAN COMSTOCK s i .- MY COMMISSION i DD 063827 i EXPIRES: October 8, 2005 BMW Tnr, rimy r ac undmnn+e.r. NOTARY PUBLIC PUD/DO Application 4/2003 Agenda Item No. 8C September 14, 2004 Page 18 of 43 JOINT CONSENT AND APPOINTMENT OF AGENT March This Joint Consent and Appointment of Agent is made this 20t1day of IR I jr, 2003, by WCI Communities, Inc., a Delaware Corporation (herein referred to as "WCP') whose mailing address is 24301 Walden Center Drive, Bonita Springs, Florida 34134, and Waterside Shops at Pelican Bay Trust, a Florida Land Trust (herein referred to as "Waterside Shops ") whose address is 5415 Tamiami Trail North, Naples, Florida 34108. WITNES SETH: WHEREAS, WCI is the successor in interest, owner, and developer of land comprising the Pelican Bay Development of Regional Impact ( "DRI ") and Pelican Bay Planned Unit Development ( "PUD "), both of which were approved by Collier County in 1977, and the development of the Pelican Bay DRI/PUD land is controlled by Collier County's Development Order 77 -1, as Amended and PUD Ordinance 77 -18, as Amended, and WHEREAS, Waterside Shops owns approximately 28.3 acres of land designated for commercial development within the Area (South) Commercial District within the Pelican Bay DRI; and WHEREAS, WCI and Waterside Shops have agreed to file joint applications with Collier County to amend the Pelican Bay DRI Development Order and PUD zoning to request the conversion and relocation of certain commercial uses in the North Commercial District ofPelicanBay . and a reduction of the number of residential dwelling units within the Pelican Bay DRI/PUD so as to achieve the desired result of increasing the amount of approved commercial use within the Waterside Shops; and WHEREAS, the changes to the previously approved uses within the Pelican Bay DRI and the Waterside Shops portion thereof will require applications to be filed with Collier County and to be reviewed and approved by the County, as well as other state and regional agencies; and WHEREAS, WCI and Waterside Shops have decided to appoint agents to represent them in preparing applications and obtaining any and all governmental approvals necessary to change the amounts of approved commercial and residential land uses within the Pelican Bay DRI and to specifically increase the amount of approved commercial use within the Waterside Shops in the manner intended by the Parties and to authorize such agents to act on their behalf with full authority to apply for and obtain such approvals, including rwming of the PelicanBay PUD and an amendment of the Basting Pelican Bay DRI development order. _ NOW, T MMORK WCI and Waterside Shops in order to acknowledge their awareness of and consent to their proposed changes and amendments of the ordinance and development orders 14 —A Y Agenda Item No. 8C September 14, 2004 Page 19 of 43 governing the PelicanwBay property and in order to appoint, authorize, and direct its agents and representatives to act on their behalf to obtain the necessary governmental approvals for the development to be carried out within the Waterside Shops, do consent to and direct the following: APPOINTMENT OF AGENTS The preceding "Whereas" clauses are true and are incorporated herein. 2. George L. Varnadoe, C. Laurence Keesey and the law firm of Young, van Assenderp, Varnadoe, and Anderson, P.A., whose address is 801 Laurel Oak Drive, Suite 300, Naples, Florida, 34108, are hereby designated and appointed the agents /representatives of WCI and Waterside Shops with full authority to act on their behalf, to perform all legal services related to the preparation, submission, and review, and approval of any applications to obtain governmental approval of their joint applications and intentions to change the approved land uses within the Pelican Bay DRI/PUD and to obtain approval of additional commercial use within the Waterside Shops' property. 3. George L. Varnadoe, C. Laurence Keesey, and the law firm of Young, van Assenderp, Varnadoe and Anderson, P.A. are authorized to represent and act as Agents for WCI and Waterside Shops with their full authority, before any and all governmental entities and agencies of the local, state, and federal government as may- be appropriate and reasonably related to obtaining approval of the joint applications for amendments to the Pelican Bay PUD zoning and Pelican Bay DRI Development Order. These agencies and entities may include but shall not be limited to the following: A The Collier County Board of County Commissioners and all departments, divisions, and sub -units of the County. B. The Southwest Florida Regional Planning Council. C. The Florida Departments of Community Affairs, Environmental Protection and Transportation. D. The Florida Secretary of State and all other cabinet level offices and agencies of the State of Florida. E. The Florida Land and Water Adjudicatory Commission. F. The South Florida Water Management DistricL To effectuate the appointment of the agents named above, and as evidence of theca consent to the agents' acting on there behalf, for the purposes stated aboves the authorized representative of WCI Communities, Inc. and Waterside Shops at Pelican Bay Trust have signed below. „• it 14 —B Dated: r-� �bU) Dated: f /,;7,2 103 STATE OF. FLORIDA COUNTY OF LEE Agenda Item No. 8C September 14, 2004 Page 20 of 43 WCI Communities, Inc., a Delaware corporation. - �) A A q ea, �' By: Vivien Hastings, i Vice ident Waterside Shops at Pelican Bay Trust, a Florida land trust By: Michael O 'Brien, Trustee Waterside Shops at Pelican Bay Trust The foregoing Joint Consent and Appointment of Agent wa&acknowledged before me this br 20th day of March , 2003, by Vivien Hastings, as Vice President of the WCI Communities, Inc., on behalf of said corporation, who. is personally known to me, and has presented as identification. ry:�Ix s u-�'�r_t. Notary Public o (SEAL) Melanie Scire Typed/Pnated Name My Commission No. My Commission Expires: 14-C a Agenda Item No. 8C September 14, 2004 Page 21 of 43 STATE OF NEVJYORK COUNTY OF T e foregoin Joint Consent and Appointment of Agent was acknowledged before me this �_ ay of 4:," , 2003, by, Mchael O'Brien, Trustee, Waterside Shops at Pelican Bay Trust, on behalf o said land trust, who is personally known to me, and has presented kz"qe4 • as identification. (SEAL) My Commission No. Commd LYDIA sFt NC S NOtry uo 11a i StatoNw Vxk a �PR 17, F:i�atsVC�rot1WP91W WQWafaeddewpd 14 -D EXHIBIT "A" F„ September 14, 2004 Page 22 of 43 W .►T Pvuc/►M L GAL DESCRIMON All that part of Parcel -B' of PELICAN BAY UNiT ONE, according to the plat thereof as recorded in Plat Book 12, Pages 47 -52, Collier County Public Records, Collier County, Florida and being particularly described as follows: Commencing at the Southeast corner of said Parcel B'; thence along the East line of said Parcel "B ", N. 011 39"32-1 W.,'11.50 foot to-the -POii►IT OF BEGINNING of the parcel herein described; thence along a line which lies 17.5 feet North of and parallel with (as measured at right angle to) the platted South line of said Parcel B" S.890 30' 11" W., 1085.29 Feet to a point on a curve and the West line of said Parcel B"; thence along said West line Northwesterly 35.24 feet along the arc of a non - tangential circular curve concave to the Northeast, having a radius of 50.00 feet, through a central angle of 400 22' 47" and being subtended by a chord which bears N. 200 50156' W., 34.51 feet; thence continue along said West line N. 00 39' 32' W., 705.19 feet; thence continue along said West line Northwesterly 472.66 feet along the arc of a circular curve concave to the Southwest, having a radius of 2050.00 feet, through a central angel of 13° 12' 38' and being subtended by a chord which bears N. 070 15' 51" W.,.471.62 feet to a point on said curve; thence. N. 760 40' 1811. E., 75.10 feet; thence Northeasterly 204.84 feet along the arc of a circular curve concave to the Southeast, having a radius of 926.37 feet, through a central angle of 1211 40' 10" and being - subtended by a chord which bears N. 830 00' 23" E., 204.43 feet; thence N. 890 20' 28: E., . 88.06 feet to a point on a curve; thence Southeasterly 138.70 feet along the arc of a non -tangential circular curve concave to the Northeast, having a radius of 125.00 feet, through a central angle of 630 34127" and being subtended by a chord which bears S. 580 52' 19 ".E., 131.69 feet; thence N. 890 20' 28' E., 25.00 feet; thence Northeasterly 259.18 feet along the are of a circular curve concave to the Northwest, having a radius of 450.00 feet, through a central angle of 330 00' 00' and being subtended by a chord which bears N. 720 50' 28' E., 255.61 feet to a point on said curve; thence S. 320 2T 12" E., 564.55 feet; thence N. 890 30' 11" E., 107.47 feet to the East line of said Parcel "B" thence along said East Tina S. 00 39132" E., 771.25 feet to the Point of Beginning of the parcel hamin described. f� r � �, .. ,..,_,+ � 4 - � _ �y= � :. �,��• FC •;,�� e.� (17 �.` . } t.• Y '. �� f• r ' �\ r�� .. �. �I 1 1 . T f s Agenda item No. 8C September 14, 2004 Page 24 of 43 JOINT CONSENT AND APPOINTMENT OF AGENT March This Joint Consent and Appointment of Agent is made this 20tbday of Fiftmmy, 2003, by WCI Communities, Inc., a Delaware Corporation (herein referred to as "WCI") whose mailing address is 24301 Walden Center Drive, Bonita Springs, Florida 34134, and Waterside Shops at Pelican Bay Trust, a Florida Land Trust (herein referred to as "Waterside Shops ") whose address is. 5415 Tamiami Trail North, Naples, Florida 34108. Vi 'I NPSSETH: WHERP.AS, WCI is the successor in interest, owner, and developer of land comprising the Pelican Bay Development of Regional Impact CUM") and Pelican Bay Planned Unit Development ( PUD ), both of which were approved b YCCollier County's Development Order 77-1, as mended Pelican Bay DRINUD land is Y and PUD Ordinance 77-18, as Amended; and WHEREAS, Waterside Shops owns approximately 28.3 acres of land designated for commercial development within the Area (South) Commercial District within the Pelican Bay DRI; and WHEREAS, WCI and Waterside Shops have agreed to file joint applications with Collier County to amend the Pelican Bay DRI Development Order and PUD zoning to request the conversion and relocation of certain commercial uses intheNorth commercial District ofPelicaaB ay and a reduction of the number of residential dwelling units within the Pelican Bay DRIIPUD so as to achieve the desired result of increasing the amount of approved commercial use within the Waterside Shops; and WHEREAS, the changes to the previously approved uses within the Pelican Bay DRI and the Waterside Shops portion thereof will require applications to be filed with .Collier County and to be reviewed and approved by the County, as well as other state and regional agencies; and WHEREAS, WCI and Waterside Shops have decided to appoint agents to represent them in preparing applications and obtaining any and all governmental approvals necessary to change the amounts of approved commercial and residential land uses within the Pelican Bay DRI and to specifically increase the amount of approved commercial use within the Waterside Shops in the manner intended by the Parties and to authorize such agents to act on theirbehalf with full authority to apply for and obtain such approvals, including rezoning of the P eli can B ay PUD and an amendment of the existing Pelican Bay DRI development order. NOW, THEREFORE, WCI and Waterside Shops in order to acknowledge their awareness of and consent to their proposed changes and amendments of the ordinance and development orders (1 of 4) i Agenda Item No. 8C September 14, 2004 Page 25 of 43 governing the PeIican•Bay property and in order to appoint, authorize, and direct its agents and representatives to act on their behalf to obtain the necessary governmental approvals for the development to be carried out within the Waterside Shops, do consent to and direct the following: APPOI MVfENT OF-AGENTS 1. The preceding "Whereas" clauses are true and are incorporated herein. 2. George L. Vamadoe, C. Laurence Keesey and the law firm of Young, van Assenderp, Vamadoe, and Anderson, P.A., whose address is 801 Laurel Oak Drive, Suite 300, Naples, Florida, 34108, are hereby designated and appointed the agents/representatives of WCI and Waterside Shops with full authority to act on their behalf, to perform all legal services related to the preparation, submission, and review, and approval of any applications to obtain governmental approval of their joint applications and intentions to change the approved land uses within the Pelican Bay DRI/PUD and to obtain approval of additional commercial use within the Waterside Shops' property. 3. George L. Varnadoe, C. Laurence Keesey, and the law firm of Young, van Assenderp, Varnadoe and Anderson, P.A. are authorized to represent and act -as Agents for WCI and Waterside Shops with their full authority, before any and all governmental entities and agencies of the local, state, and federal government as may be appropriate and reasonably related to obtaining approval of the joint applications for amendments to the Pelican Bay PUD zoning and Pelican Bay DRI Development Order. These agencies and entities may include but shall not be limited to the following: A The Collier County Board of County Commissioners and all departments, divisions, and sub -units of the County. B. The Southwest Florida Regional Planning Council. C. The Florida Departments of Community Affairs,. Environmental Protection and Transportation. D. The Florida Secretary of State and all other cabinet level offices and agencies of the State of Florida. E. The Florida Land and Water Adjudicatory Commission. F.- The South Florida Water Management District. To effectuate the appointment of the agents named above, and as evidence of there consent to the agents' acting on there behalf, for the purposes stated above, the authorized representative of WCI Communities, Inc. and Waterside Shops at Pelican Bay Trust have signed below. 1 (2 of 4) Dated:—/ /;zq 1 o3 STATE OF FLORIDA COUNTY OF LEE Agenda Item No. 8C September 14, 2004 Page 26 of 43 WCI Communities, Inc., a Delaware corporation. By4Vivien Hastings, i Vice sident Waterside Shops at Pelican Bay Trust, a Florida land trust o� By: Michael Trustee Waterside Shops at Pelican Bay Trust The foregoing Joint Consent and Appointment of Agent wMacknowledged before me this 20th day of March , 2003, by Vivien Hastings, as Vice President of the WCI Communities, Inc., on behalf of said corporation, who. is personally known tome, and has presented as identification. (SEAL) Notary Public Melauie.Scire Typed/Pdnted Name My Commission No. My Commission Expires: (3 of 4) MEIAW L SM MY QOIVW WM 1 DD 004646 Agenda Item No. 8C • September 14, 2004 Page 27 of 43 STATE OF YORK COUNTY OF &, �,T,he foregoin Joint Consent and Appointment of Agent was acknowledged before me this _ ay of _ , 2003, by, Michael O'Brien, Trustee, Waterside Shops at Pelican Bay Trust, on behalf o said land trust, who is personally known to me and -��•' �i.� >� as identification. has presented (SEAL) My Commission No. SONIA LYDIA FRANCIS Nom No l0{ F 8t 133 York commission in p9r Bens Ex* ree AprU 17. 1 (4 of 4) P: \usen\CarohVIMW Cl\ Joi ntCo nsentsndAppo intmentAeent.WCIWaUnide.wpd Agenda Item No. 8C September 14, 2004 Page 28 of 43 FORM RPM -BSP PROPCHANGE -1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 (850) 487 -4545 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) PURSUANT TO SUBSEC'T'ION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1, C. Laurence Keesey, the undersigned authorized representative of Waterside Shops at Pelican Bay Trust and WCI Communities, Inc., a Delaware Corporation, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the Pelican Bay DRI development which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County, to the Southwest Florida Regional Planning Council, and to the Bureau of State Planning, Department of Community Affairs. C 0 dig (D e) (Signs re) Agenda Item No, 8C September 14, 2004 Page 29 of 43 2. Joint Applica is (name, address, phone). A. Waterside Shops at Pelican Bay Trust (Glen Harrell) 5415 Tamiami Trail North Ste. 320 Naples, FL 34108 Tel. # (239) 598 -1605 Fax. #(239) 598 -1773 B. WCI Communities Attn: Vivien Hastings, Esq. 24301 Walden Center Drive Bonita Springs, Florida 34134 Tel. #(239) 498 -8525 Fax. #(239) 949 -0233 3. Authorized Agent (name, address, phone). George L. Varnadoe, Esquire C. Laurence Keesey, Esquire Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 Tel. #(239) 597 -2814 Fax. #(239) 597 -1060 4. Location (City, County, Township/Range/Section) of approved DRI and proposed change. LEGAL DESCRIPTION All the fractional part of Section 32, lying South of Vanderbilt Beach Road; and all of Section 33, lying South of Vanderbilt Beach Road and West of State Road 45 (U.S. 41); all in Township 48 South, Range 25 East, Collier County, Florida. AND ALSO, all of Section 4, lying West of State Road 45 (U.S. 41); all fractional parts of Government Lots 1 and 2, Section 5; all fractional part of Section 8; and all of Section 9, lying West of State Road 45 (U.S. 41), excepting therefrom the South 70 feet of the Southeast 1/4,. and the South 70 feet of the East 158.25 feet of the Southwest 114; all in Township 49 South, Range 25 East, Collier County, Florida. - 2 . Agenda Item No. 8C September 14, 2004 Page 30 of 43 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build -out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Project History The Pelican Bay DRIIPUD, a planned community, was originally approved by Collier County in 1977 (D.O.77 -1; PUD ORD. #77 -18) and a substantial deviation to the projectwas approved in 1989 (D.O.89 -77A; PUD ORD. #89 -35). As currently approved, Pelican Bay is authorized to contain a maximum of 8,600 residential dwelling units and up to 1,095,000 gross square feet ( "GSF ") of commercial uses, including both retail and office. The project's construction began soon after its approval, and Pelican Bay is nearing completion. The current Pelican Bay DPJRUD approvals assign all of the commercial uses to either the north commercial area (approved for up to 454,600 gross square feet) or the south commercial area (approved to contain up to 640,400 GSF). As of the date Waterside Shops at Pelican Bay Trust ( "Waterside Shops ") and WCI Communities, Inc. (11WC111) filed their joint applications for PUD and DRI amendments, a total of 6975 residential dwelling units have been constructed, or are under contract. Within the north commercial area, a total of 284,257 GSF of commercial space has been committed or constructed, including 142,655 GSF of office use and 141,602 GSF of retail use. This leaves a remainder of 170,343 GSF of approved, but uncommitted, commercial space that is allocated to the north commercial area. The south commercial area is currently approved to contain up to 355,400 GSF of office space and 285,000 GSF of retail use. The Waterside Shops portion of the south commercial area contains 255,096 GSF of retail space, and a 10,000 square foot office building, located within a 28.3 acre parcel. Proposed Changes The proposed changes to Pelican Bay do not affect the currently approved Master Plan, which will remain in effect without modification (see Exhibit "A" j The only construction, or additional physical development that will occur as a result of these changes will occur on the existing Waterside Shops site. The proposed changes include reduction of the number of approved residential dwelling units and a transfer of floor area for all uncommitted commercial use from the north commercial area to the south commercial area, as described below: (1) A reduction in the number of approved residential units by 800 units, from 8,600 dwelling units currently approved to a new total of 7,800 units. Agenda item No. 8C September 14, 2004 Page 31 of 43 (2) A decrease of approved commercial use within the north commercial area by a total of 170,343 GSF. This amount consists of 8,398 GSF of retail use and 161,945 GSF of office space. This reduction will prevent additional commercial development within the north commercial area beyond the currently committed or constructed amount of 284,257 GSF of commercial use, which will become the new maximum approved amount within the north commercial pod. (3) An increase of approved commercial use within the south commercial area of Pelican Bay by 170,343 G.S.F. The additional retail and office uses will be located within the 28.3 acres comprising the Waterside Shops portion of the south commercial area. The currently approved 640,400 GSF of commercial use in the south commercial area will be increased by the identical amount, 170,343 GSF, being transferred from the north commercial area. The increased floor area within the South Commercial area will consist of an additional 36,000 sq. ft. of approved office use and an additional 134,343 GSF of approved retail use. The increase in retail commercial use within the existing Waterside Shops parcel will be accomplished in large part by simply adding a second story to the two major - tenant retail stores currently located on the site. The table on the following page depicts a matrix of the amounts of "approved ", "constructed" and "proposed" commercial and residential uses within the Pelican Bay DRI/PUD and Waterside Shops parcel. The proposed changes will result in a slight decrease in the daily and PM peak -hours external automobile trips generated by the Pelican Bay DR1. (See the traffic study (dated February 11, 2003, prepared by David Plummer and Associates, attached as Exhibit "C "). 5. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. Response: The current DRI Master Plan will not be changed. (See Pelican Bay Master Plan attached hereto as Exhibit "A "). 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. Response: (See Attached) Table, showing amounts of "approved ", "constructed" and "proposed" commercial retail, office, and residential uses in Pelican Bay. No other approved land uses are affected. a- Agenda Item No, 8C September 14, 2004 Page 32 of 43 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? Response: Collier County's Pelican Bay DRI Development Order initially adopted in Resolution 77 -1 has been amended by Collier County as follows: (1) Resolution 87 -228 adopted by Collier County on September 29, 1987 amended Section VII of Development Order 77 -1 to authorize an "attraction/recreation" use within Pelican Bay and allow six and one/half (6.5) acres for such use within the area commercial (South) zone of Pelican Bay. This 6.5 acre parcel has been developed as the Philharmonic Center for the Performing Arts. (2) Resolution 89 -77 A adopted by Collier County on March 28,1989 approved a substantial deviation that increased the amount of approved commercial use to a total 1,095,000 gross square feet of building area, and reduced the authorized number of residential dwelling units to 8,600. Pelican Bay DRI remains within the jurisdiction of Collier County. 8. Describe any lands purchased or optioned within '/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non - project land uses within '/Z mile on a project master site plan or other map. Response: None 9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19), Florida Statutes. 5 - Agenda Item No. 8C September 14, 2004 Page 33 of 43 Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19Xe)2., Florida Statutes? YES NO X 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. Response: No changes are proposed. 11. Will the proposed change require an amendment to the local government comprehensive Plan? Response: No. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), Florida Statutes, and 9J- 2.025, Florida Administrative Code: Response: See attached "redline" version of proposed Pelican Bay DRI Development Order, 77 -1, as amended, attached as Exhibit "B". 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. Response: No changes proposed, or needed, to current (1989) master plan for requested changes. See Exhibit "A ". 13 Agenda Item No. 8C September 14, 2004 Pursuant to Subsection 380.06(19)(f), Florida Statutes, include the precise Ia$gag�lthfa43 is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: Response: See attached Exhibit "B". a. All proposed specific changes to the nature, phasing, and build -out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; Response: No change is requested to build out, phasing or D.O. conditions. b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; Response: No land is being added to or deleted from the Pelican Bay DRL C. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; Response: Not applicable. 7 Cj Agenda Item No. 8C A proposed amended development order termination date that ason&q td, 2004 r the time required to complete the development; Response: No change. e. A proposed amended development order date until which the Iocal government agrees that the changes to the DRI shall not be subject to down - zoning; unit density reduction, or intensity reduction, if applicable; and Response: Not applicable. f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J -2.025 (7), F.A.C. Response: Reports will be filed biennially as now required by law. 4 - N Q CO 6 0 NVId 311S =-== ,• - (L N - � Are NvOnla x �= & moo AMM ` Ara 4 jo ' Art • �rM � � rI� •f[ � 1111'1'1 �� s drn . 0 dew Y � 9 1 INIM Agenda Item No .IL September 14, 2004 Page 37 of 43 RESOLUTION NO. 04- DEVELOPMENT ORDER NO. 04 A RESOLUTION AMENDING THE PELICAN BAY DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDER NUMBER 77 -1, AS AMENDED, BY PROVIDING FOR: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER BY REALLOCATING A PORTION OF APPROVED COMMERCIAL SQUARE FOOTAGE FROM THE NORTH COMMERCIAL AREA TO THE SOUTH COMMERCIAL AREA, TO REDUCE THE NUMBER OF APPROVED RESIDENTIAL DWELLING UNITS FROM 8,600 TO 7,800 RESIDENTIAL DWELLING UNITS, AND TO PROVIDE FOR A TURN LANE ON U.S. 41 ONTO SEAGATE DRIVE; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; AND SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order Number 77 -1, on April 19, 1977, which approved a Development of Regional Impact (DRI) known as Pelican Bay; and WHEREAS, since April 19, 1977, the Board of County Commissioners has approved several amendments to the Pelican Bay DRI Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A" to the Development Order; and WHEREAS, C. Laurence Keesey, Esq. representing Petitioners WCI Communities Inc., the successor in interest to Westinghouse Communities of Naples, Inc., and Waterside Shops at Pelican Bay Trust, the owner of a portion of the South Commercial Area within the Pelican Bay (DRI), (hereinafter referred to jointly as "Petitioner "), has petitioned the Board of County Commissioners of Collier County, Florida, to amend the Pelican Bay DRI Development Order Number 77 -1, as previously amended by Resolutions numbered 87 -228, and 89 -77A; and WHEREAS, Petitioner has filed a Notice of Proposed Change ( "NOPC ") requesting that a portion of the previously approved, but unbuilt and uncommitted, amounts of commercial (office and retail) uses within the North Commercial Area of Pelican Bay known as The Marketplace, consisting of 121,000 square feet of the remaining 162,576 square feet, be reallocated to the South Commercial Area known as the Waterside Shops to add a total of 121,000 gross square feet of commercial use (consisting of 36,000 square feet of office use and 85,000 square feet of retail use) to this Area of Pelican Bay; and to reduce the number of approved residential dwelling units within Pelican Bay by 800 units from 8,600 units to a maximum of 7,800 units; and Words underlined are additions; words strueh- threb,0 are deletions. 1 Agenda item No. 8C September 14, 2004 Page 38 of 43 WHEREAS, the Petitioner's NOPC to the Pelican Bay DRI does not constitute a substantial deviation from the approved Development Order pursuant to Section 380.06(19), Florida Statutes; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing to consider the Pelican Bay DRI NOPC on August 19, 2004; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the reports of the SWFRPC and the Collier County Planning Commission and has held a public hearing on the petition on September 14, 2004; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE AMENDMENTS TO DEVELOPMENT ORDER A. Subsection IX, of the Pelican Bay Development Order No. 77 -1 entitled "Increase in Commercial Square Footage ", as amended, is hereby amended to read as follows: Subsection IX, Increase in Commercial Square Footage. f�eta,g�effiee use and 310,9 I nt App spaee. The 99 building aFea. The tetal The Development Order is hereby amended to authorize a total of 1,095,000 square feet of commercial gross building area (subject to the Provisions of Seetie" T#ee; Subsection XI, below consisting of a maximum of 43-; 10,00g square feet of gross building area for retail space and a maximum of 94rr,998 585.004 square feet of gross building area for office space, but in no event shall the combined total exceed 1,095,000 square feet of commercial gross building area. The increase of 337,966 square feet of gross building area approved in Resolution NuMLgr X39 -77A is referred to as the Substantial Deviation Project. A maximum of 64498-761,400 square feet of commercial gross building area (containing a maximum of 28§;898 370.000 gross square feet of retail and 391 400 gross sguarg feet of office used Words underfined underlined are additions; words strdek-thfe+i" are deletions. 2 shall be constructed in the Area (South) Commercial District. A maximum of 4547688 333.600 square feet of commercial gross building area (consisting of (3847688) 193.600 square feet of office and 4-58;888 140 000 square feet of retail) shall be constructed in the Community (North) Commercial District (subject to the provisions of wee Subsection XI b io u, • EeftE +fgenEttpan Following the adoption of the rezoning ordinances(s) specified in Subsection XI A of this ResekK+en Development Order, all commercial square footage authorized by Development Order 77 -1 for the Neighborhood Commercial District +3- hereby was reallocated to either the Area (South) or the Community (North) Commercial Sistrie Districts as part of the 454;688 maximum 1,095,000 square feet. The phasing of all commercial square footage is addressed in Section Two E.4. hereof. Whenever used herein, the term "Gross Building Area" shall mean the total square footage of the building including all parts and components thereof, and unless otherwise specified, all square footage references are to gross building area. B. Paragraph E.4., relating to Transportation, Subsection X, entitled "Conditions Applicable to Substantial Deviation Project," of the Pelican Bay Development Order Number 77 -1, as amended, is hereby amended to read as follows: 4. The applicant shall fully mitigate the impacts of the Substantial Deviation Project on regional transportation facilities by providing the necessary funding to increase the number of lanes from four (4) to six (6) on U.S. 41 from the Laurel Oak Drive intersection to, and including the Gulf Park Drive intersection. Said mitigation funding fully meets the requirements of Department of Community Affairs' Transportation Policy Rule, 93- 2.0255, Florida Administrative Code, exempting all of the Substantial Deviation Project from the Concurrency Management System, except Phase IV as hereinafter specified. Adequate commitment For said funding shall be In place prior to commencement of Phase II as set forth below. The applicant Is further mitigating the impacts of the Substantial Deviation Project on the regional transportation facilities by reducing the number of residential units allowed in Pelican Bay as set forth in Section Four hereof. The applicant shall be subject to the following phasing schedule: Phase I - The applicant may develop 478,400 square feet of commercial in the Area (South) Commercial District, containing a maximum 123,000 square feet of retail commercial and a maximum of Words underlined are additions; words struek -owee" are deletions. 3 Agenda Item No,I81C September 14, 2004 Page 39 oll 43 Agenda Item No. 8C September 14, 2004 Page 40 of, 43 227,000 square feet of office in the Community (North) Commercial District. Phase II - When an adequate commitment for funding two additional lanes of U.S. 41 (Laurel Oak Drive to Gulf Park Drive) is made by applicant as set forth above, applicant may develop an additional 45,000 square feet of commercial, containing a maximum of 40,000 square feet of retail commercial in the Area (South) Commercial District. Phase III - When a contract is awarded for the transportation improvement specified in Phase II, applicant may develop an additional maximum of 132,000 square feet of commercial, containing a maximum of 122,000 feet of retail commercial in the Area (South) Commercial District: provided however, there is authorized a maximum of 640,400 square feet of combined office and retail commercial in the Area (South) Commercial District. Phase IV - When an adequate commitment for funding to increase the number of lanes on U.S. 41 from Gulf Park Drive to Vanderbilt Beach Road from 4 to 6 lanes has been made by governmental or private entities, or a combination thereof, applicant will be allowed to develo and an addmtie up to the maximum of 1,095,009 gross guare feet of commercial use. inclu in both office and retail uses as specified in CuhaPrtion IX Of this Development Order. Adequate commitment shall mean a commitment that would satisfy the requirements of the Concurrency Management System of the County's Comprehensive Plan. C. Subsection XII entitled "Additional Conditions," of the Pelican Bay Development Order Number 77 -1, as amended, is hereby amended as follows: Subsection XII Additional Conditions: A. The maximum number of allowed residential dwelling units is hereby reduced to ' sev n thousand eight hundred d (7 800) units. Words underlined are additions; words stniek4hfO"+91 are deletions. 4 Agenda Item No. 8C September 14, 2004 B. Hotels as an allowed use in the Group 3 and Group 4 Residential Districts Page 41 of 43 will not be allowed in those Group 3 and Group 4 areas depicted on Exhibit B attached hereto. C. A maximum height of one hundred (100) feet is hereby placed on all new structures in the Community Commercial District and the Area Commercial District. D. Petitioner Waterside Shorts gL Pelican Bav Imst shall orovidP on additional northbound left turn lane on U S 41 at Seagate Drive in accordance with Paragraph "H." in Section 12.Q3 of the Pelican Bay PUD Document which states: "Prior to obtaining any certificate of occupancy for any of the expansion of retail uses within the Wat rcide Shops at Pelican Bay Trust's property ( "Waterside Shops ") aonmved in and y the 2004 Amendments to the Peiiran Bay PUDM RI Waterside Sh pS or its agent. shall commence construction of one additional northb nd left turn lane located on U.S. 41 and Seagate Drive The pct of the additional left turn lane shall b paid by Waterside chops and Constricted in a rnrdance with Collier County /Florida DOT speciftatigLl% This requirement shall become null and void in the event that the Collier County T nsportation Department Staff or the Florida DOT determines that the additional left turn lane is not necessary or feasible at this location within th eYis tinn curb -to -curb geom ry of the intersection Waterside Shops, or its agent shall submit to the County aft-application consistent with Collier County /Florida DOT regulgLQc including any rgguired engineering plans and cneciFications to Onstruct tbe_jinqjg left turn lane on U.S 41 at 1 ast one month czrior to obtaining a +,�� i�c permit for the expansion of any retail uses withi n the Waterside hops as such expansion is authorized by the County in and by the 2004 Pelican Bay PUD /DRI Amendments i q •i RMUMWT, . MM t i• •y i • Il . . 1 - •1 LS • 1 f9r such turn I .1 DQT determinatLQ12 that the tuEn Isine is not - l- • L�- Words underlined are additions; words sty ve4-t4fe"4 are deletions. Agenda Item No. 8C September 14, 2004 Page 42 of 43 uses approved by the County in the 2004 Pelican Bay PUD /DRI Amendments." SECTION TWO- FINDINGS OF FACT A. The real property which is the subject to the amendment petition is legally described as set forth in Exhibit "A ", attached hereto and by reference made a part hereof. B. The Petitioner's application for a NOPC is in accordance with Section 380.06(19), Florida Statutes. C. The changes proposed by this NOPC for the Pelican Bay DRI involve a relocation of previously approved commercial (office and retail) uses from the North to the South Commercial Area of Pelican Bay and a reduction, by 800 units, of the maximum number of approved residential dwelling units within Pelican Bay DRI. D. The requested amendment to the previously approved Development Order is consistent with the report and review of the SWFRPC. E. A comprehensive review of the impact generated by the requested amendment has been conducted by the County's departments and the SWFRPC. F. The development is not in an area designated as an Area of Critical State Concern pursuant to the provisions of Section 380.05, Florida Statutes. SECTION THREE: CONCLUSIONS OF LAW A. The proposed amendment to the approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. B. The proposed amendment to the previously approved Development Order is consistent with the Collier County Growth Management Plan and the land development regulations adopted pursuant thereto. C. The proposed amendment to the previously approved Development Order Is consistent with the State Comprehensive Plan. D. The proposed amendment to the Development Order is not a substantial deviation from Development Order No. 77 -1, as amended. SECTION FOUR EFFECT OF PREVIOUSLY ISSUED nFVFIOMENT ORDERS. TRANSMITTAL TO DCA AND EFFECIB DATE A. Except as amended hereby, Development Order No. 77 -1, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties thereto. This amended Development Order shall take precedence over Words underlin are additions; words qtrdek-� are deletions. 6 Agenda Item No. 8C September 14, 2004 any of the applicable provisions of previous development orders which are In gage 43 of 43 conflict therewith. B. Copies of this Development Order No. 04- shall be transmitted by Collier County immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this 14L day of _Sgptember, 2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ATTEST: DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK Approved as to Form And Legal Sufficiency Marjorie PU. Student Assistant County Attorney DOA- 2003 -AR -4777 Words underlined are additions; words Stft--k4hf0e0 are deletions. 7 Agenda Item No. 8D September 14, 2004 Page 1 of 102 EXECUTIVE SUMMARY PUDA- 03- AR4008, C. Laurence Keesey, representing Waterside Shops at Pelican Bay Trust and WCI Communities, Inc, requesting a rezone from Planned Unit Development (PUD) to Planned Unit Development (PUD) for the purpose of revising the PUD document to relocate 121,000 square feet of approved, but not yet constructed and uncommitted commercial use from the North Commercial Area to the South Commercial Area, reduce the approved maximum number residential dwellings by 800 units to a new maximum of 7,800 residential dwelling units within the Pelican Bay PUD located at the northwest quadrant of the intersection of Tamiami Trail (US41) and Seagate Drive in Sections 32 and 33, Township 48 South, Range 25 East, and Sections 4, 5, 8, and 9, Township 49 South, Range 25 East Collier County, Florida. Companion Item: DOA- 03- AR4777 OBJECTIVE: This petition seeks to amend the Pelican Bay Planned Unit Development (PUD) as noted above to better utilize unallocated commercial floor area due to "evolving market conditions" and to make sure that the project is consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner is requesting a rezone from Planned Unit Development (PUD) to Planned Unit Development (PUD) for the purpose of revising the Pelican Bay PUD document to reallocate 121,000 square feet of approved, but not yet constructed and uncommitted commercial floor area. The North Commercial Area permits a total of 454,600 square feet of floor area while the South Commercial Area permits 640,400 gross square feet. There is a total of 170,343 square feet of approved but uncommitted commercial space in the North, while the South Commercial Area has less than 50,000 square feet of approved but un -built retail space. Because of changing market conditions, the existing Waterside Shops parcel located on a 28.3 -acre parcel within the South Commercial Area requires additional floor space in order to meet the market demand at this location. As a result, the Waterside Shops proposes to relocate the un -built commercial square footage from the North Commercial Area to the South Commercial Area thereby allowing a 44,969 square foot second story addition to the Saks Fifth Avenue building and a 53,041 square foot second story expansion to the buildings designated "D" and "H" on the attached Master Expansion Plan for the Waterside Shops. FISCAL IMPACT: The rezoning of this PUD by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the property is rezoned, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. PUDA -03 -AR -4008, Pelican Bay PUD 1 Agenda Item No, 8D September 14= 2004 Page 2 of 102 The County collects impact fees prior to the issuance of building permits to help to offset the impacts of each new development on public facilities. These impact fees are used to fund identified projects in the Growth Management Plan Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, fifty percent (50 %) of the estimated Transportation Impact Fees associated with the project is required to be paid simultaneously with the approval of each final local development order. Other fees collected prior to the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: The subject property is designated "Urban/Mixed Use" on the countywide Future Land Use Map, and is currently zoned PUD and is also an approved Development of Regional Impact (DRI). This Sub- district permits residential development (variety of unit types) at a base density of 4 dwelling units per acre and is intended to accommodate a variety of residential and non - residential uses, including commercial and mixed -use developments such as Planned Unit Developments. The Density Rating System indicates that this project is within a Traffic Congestion Area resulting in a reduction of 1 dwelling unit per acre from the base density. Therefore, the density of 3.89 dwelling units per acre is deemed not consistent with the Future Land Use Element (FLUE). However, review of FLUE Policy 5.1 provides properties zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re- evaluation Program are consistent with the Growth Management Plan (GMP) and designated on the Future Land Use Map series as properties consistent by Policy as noted above. Some of the commercial portions of this PUD do not comply with criteria in the FLUE and therefore are not consistent with the Future Land Use Designation Description Section. However, review of FLUE Policy 5.1 provides properties zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re- evaluation Program are consistent with the GMP and designated on the Future Land Use Map series as properties consistent by Policy. The proposed shifting of the commercial square footage within the Activity Center boundaries is consistent with the FLUE. In addition, no expansion of the Activity Center is proposed with this petition. The Comprehensive Planning Section has determined that zoning changes will be permitted to the Pelican Bay properties, and to other properties deemed consistent with the FLUE via Policies 5.9 through 5.12, provided the number of dwelling units and overall intensity of the development allowed by the new zoning district are not increased, except as allowed in Policy 5.11. Based upon the above analysis, staff concludes the proposed petition can be deemed consistent with the FLUE. ENVIRONMENTAL ISSUES: Staff has reviewed the petition and notes the following: The subject petition does not impact any preserve areas that were previously approved in the PUD, no new Environmental Impact Statement (EIS) is required. Therefore, the Environmental Services Department has recommended approval of the petition as submitted. ENVIRONMENTAL ADVISORY COUNCIL (EAQ RECOMMENDATION: PUDA -03 -AR -4008, Pelican Bay PUD 2 Agenda Item No, 8D September 14, 2004 Page 3 of 102 Because no EIS was required, this petition was not required to go to the EAC. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION (CCPC): The CCPC reviewed this petition during their public hearing on August 19, 2004. A motion by Commissioner Richardson to deny the petition failed by a vote of 3 to 4. The three commissioners voting for denial expressed concerns that the reallocation of commercial floor space to the Waterside Shops would result in increased traffic that would adversely impact Seagate Drive and the surrounding local streets. A second motion by Commissioner Strain to forward petition PUDA -03 -AR -4008 to the BCC with a recommendation of approval was accepted by a vote of 5 to 2. The recommendation of approval is subject to staff stipulations and includes the following conditions: Prior to obtaining a Certificate of Occupancy for any of the expansion of retail use within the Waterside Shops at Pelican Bay Trust's property, Waterside Shops, or it's agent, shall commence construction of one additional northbound Ieft -turn lane located on U.S. 41 at Seagate Drive. The cost of the additional left -turn lane shall be paid by Waterside Shops and constructed in accordance with Collier County/Florida Department of Transportation (DOT) specifications. In the event that construction was not commenced due to either a delay by the County or Florida DOT in issuing a construction permit for the turn lane or due to a County or Florida DOT determination that the turn lane in not feasible at this location, then the maximum number of dwelling units shall be reduced by 825 units. This will reduce the maximum number of dwelling units permitted within the Pelican Bay PUD to a total of 6,975 units and eliminates any remaining uncommitted units. 2. The project shall be subject to the Collier County Traffic Signal program to improve the timing of traffic signals and traffic flow at the signalized entry points serving Pelican Bay. The Planning Commissioners recommending approval found this petition to be consistent with the GMP and compatible with the surrounding land uses. Furthermore, with the additional stipulations including a second northbound left -turn lane located on U.S. 41 at Seagate Drive, the proposed expansion of the Waterside Shops would not result in additional site - generated trips that would significantly impact traffic circulation on Seagate Drive. Because the petitioner objects to the stipulation that eliminates 825 dwelling units if the one additional northbound left -turn lane located on U.S. 41 at Seagate Drive is not constructed and because two CCPC members recommended denial, this petition could not be placed on the summary agenda. STAFF RECOMMENDATION: Staff recommends approval of Petition PUDA -03 -AR -4008 subject to staff stipulations that have been incorporated into the PUD Document as otherwise described by the amending Ordinance included in this Executive Summary. PUDA -03 -AR -4008, Pelican Bay PUD 3 �:em NO so COLLIER COUNTY SOA�, OF COUNTY CO—SWNERS App—d By C—,—y App—" By App.1,4 By I-- K zs AM App.-d By 5-W 32!7)0150:32 AM App—d BY Mart :.•caxon B.-ft" L:aSyt Date App—d By -.1 P. App—d By Agenda Item No. 8D September 14, 2004 Page 5 of 102 Co) -r county STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES HEARING DATE: AUGUST 5, 2004 RE: PETITION NO: PUDA -03 -AR -4008, PELICAN BAY PUD COMPANION ITEM: DOA -03 -AR -4777 AGENT /APPLICANT: Agent: C. Laurence Keesey 18900 Bay Woods Lake Drive Fort Myers, Florida 33908 Owner: W.C.I. Communities, Inc. 24301 Walden Center Drive Bonita Springs, FL 34134 REQUESTED ACTION: Waterside Shops at Pelican Bay Trust 5415 Tamiami Trail North Naples, FL 34108 The petitioner is requesting a rezone from Planned Unit Development (PUD) to Planned Unit Development (PUD) known as the Pelican Bay PUD for the purpose relocating 121,000 square feet of approved, but not yet constructed and uncommitted commercial use (ponsisting of 36,000 square feet of office and 85,000 square feet of retail) from the North Commercial Area to the South Commercial Area. As depicted on the conceptual site plan for the Waterside Shops (Attachment "B "), most of the 121,000 square feet of relocated floor space from the North Commercial Area will be converted to and utilized for additional retail use within the Waterside Shops. In addition, the Pelican Bay PUD is currently approved to contain up to 8,600 residential dwelling units. This petition will reduce the approved number by 800 units, to a new maximum of 7,800 residential dwelling units. GEOGRAPHIC LOCATION: The subject PUD is located in the northwest quadrant of the intersection of Tamiami Trail (US -41) and Seagate Drive in Sections 32 and 33, Township 48 South, Range 25 East, and Sections 4, 5, 8, and 9, Township 49 South, Range 25 East Collier County, Florida. (See Attachment "A" on following page) PURPOSEIDESCRIPTION OF PROJECT: PUDA -03 -AR -4008, Pelican Bay PUD Agenda Item No, 8D September 14, 2004 Page 6 of 102 The Pelican Bay DRI/PUD was originally approved by Collier County in 1977 (D.O. 77 -1; PUD Ordinance Number 89 -35). A substantial deviation was approved to the project in 1989 (D.O. 89 -77A). As currently approved, the Pelican Bay PUD is authorized to contain a maximum of 8,600 residential dwelling units and up to 1,095,000 gross square feet of commercial uses, including both retail and office uses. The North Commercial Area permits a total of 454,600 square feet of floor area while the South Commercial Area permits 640,400 gross square feet. There is a total of 170,343 square feet of approved but uncommitted commercial space in the North, while the South Commercial Area has less than 50,000 square feet of approved but un -built retail space. The areas within the Pelican Bay PUD affected by this amendment are the two commercial designated areas (Photo #1). These areas currently contain existing commercial and general office uses. Because of changing market conditions, the existing Waterside Shops parcel located on a 28.3 -acre parcel (Photo #2) requires additional floor space in order to meet the market demand at this location. As a result, the Waterside Shops proposes to relocate the un -built commercial square footage from the North Commercial Area to the South Commercial Area thereby allowing a 44,969 square foot second story addition to the Saks Fifth Avenue building and a 53,041 square foot second story expansion to the buildings designated "D" and "H" on the attached Master Expansion Plan for the Waterside Shops (Exhibit "A "). SURROUNDING LAND USE AND ZONING: Surrounding- North: Philharmonic Center and existing office uses within Pelican Bay. East: A bowling alley and convenience store east of US -41 and zoned C -4. South: Seagate Drive and commercial uses located in the City of Naples. West: Existing residential uses within the Pelican Bay PUD. PUDA -03 -AR -4008, Pelican Bay PUD (Photo #1) GROWTH MANAGEMENT PLAN CONSISTENCY: Agenda Item No, 8D September 14, 2004 Page 7 of 102 Photo #2 The subject property is designated Urban — (Mixed Use District, Urban Residential Sub- district, and the North and South commercial areas are located in an Activity Center Sub- district), as identified on the Future Land Use Map of the Growth Management Plan. Future Land Use Element (FLUE): The Urban Residential Sub - district permits residential development (variety of unit types) at a base density of 4 dwelling units per acre and is intended to accommodate a variety of residential and non - residential uses, including mixed - use developments such as Planned Unit Developments. In addition, the Mixed Use Activity Center Sub - district permits a full array of commercial uses, residential uses, institutional uses, and hotel/motel uses at a density consistent with the Land Development Code. The Density Rating System indicates that this project is within a Traffic Congestion Area resulting in a reduction of 1 dwelling unit per acre from the base density of 4 dwelling units per acre. Therefore, the density of 3.89 dwelling units per acre is deemed not consistent with the Future Land Use Element. However, FLUE Policy 5.1 indicates that properties zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re- evaluation Program are deemed consistent with the Growth Management Plan. These properties are designated on the Future Land Use Map series as properties consistent by Policy as noted above. Some of the commercial portions of this PUD do not comply with criteria in the FLUE and therefore are not consistent with the Future Land Use Designation Description Section. However, FLUE Policy 5.1 provides that properties zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re- evaluation Program are consistent with the Growth Management Plan. These properties are designated on the Future Land Use Map series as properties consistent by Policy. The proposed shifting of the commercial square footage within the Activity Center boundaries is consistent with the FLUE. PUDA -03 -AR -4008, Pelican Bay PUD Agenda Item No. 8D September 14, 2004 Page 8 of 102 In addition, no expansion of the Activity Center is proposed with this petition. (The hotel sites are not consistent with the commercial locational criteria, however the PUD amendment is not proposing any changes to the commercial component of the PUD not consistent with the locational criteria and therefore does not constitute an increase in intensity and is consistent by Policy.) The Comprehensive Planning staff has determined that zoning changes will be permitted to the Pelican Bay properties, and to other properties deemed consistent with the Future Land Use Element via Policies 5.9 through 5.12, provided the number of dwelling units and overall intensity of the development allowed by the new zoning district are—not increased, except as allowed in Policy 5.11. Based upon the above analysis, staff concludes the proposed petition can be deemed consistent with the Future Land Use Element. Transportation Element: The applicant provided a Traffic Impact Statement (TIS) compiled by David Plummer & Associates to address the DRI Notice of Proposed Change (NOPC) request. The TIS indicates that the proposed relocation of square footage and reduction in the total number of dwelling units will result in a one percent decrease in daily external trips. The analysis indicates that the resulting trips of the proposed amendment are below the DRI substantial deviation presumption threshold. In addition, the TIS studied the impact on traffic circulation in the South Commercial Area resulting from the relocated commercial floor area. The TIS indicates that the shifting of square footage to the Waterside Shops will significantly impact the intersection of US 41 and Pine Ridge Road/Seagate Drive when compared to what was already approved for the DRI. As a result, the Transportation Department has recommended approval subject to the following condition: Prior to obtaining a Certificate of Occupancy for any of the expansion of the retail use within the Waterside Shops at Pelican Bay, the Waterside Shops, or its agent, shall commence construction of one additional northbound left -turn lane from US -41 to Seagate Drive. The cost of the additional left -turn lane shall be paid by the Waterside Shops and constructed in accordance with Collier County/Florida Department of Transportation specifications. In addition, these costs shall be in addition to any road impact fees that may be associated with this project. As a result of this improvement, this petition is consistent with Policies 1.3, 1.4, 5.1 and 5.2 of the Transportation Element. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and 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 required staff evaluation and comment (See Exhibits `B" and "C "). Appropriate evaluation of petitions for amendments to PUDs should establish a factual basis for supportive action by appointed and elected decision - makers. Environmental Review: Because the subject petition does not impact any preserve areas that were previously approved in the PUD, no new Environmental Impact Statement (EIS) is required. Therefore, the Environmental Services Department has recommended approval of the petition as submitted. PUDA -03 -AR -4008, Pelican Bay PUD 4 Agenda item No. 8D September 14, 2004 Page 9 of 102 Transportation Department Review: The reallocation of commercial space from the North Commercial Area to the South Commercial Area will result in additional vehicular trips to and from the South Commercial Area. Although the proposed change will not lower the level of service standards on the arterial road network, the developer shall provide an additional northbound left turn lane and make any necessary adjustments to the median and to the existing pavement to accommodate the added left turn lane. No Certificates of Occupancy shall be issued until the necessary improvements are in place and accepted by the County. In addition, the costs associated with this turn lane improvement shall be borne solely by the developer and shall be in addition to any road impact fees that may be associated with this project. Utilities Review: The Utilities Department has indicated that the proposed reallocation of commercial floor area from the North Commercial Area to the South Commercial Area will have no adverse impact on water or sewer service in this area. Therefore, they have recommended approval. Zoning Department Review: Staff is of the opinion that the proposed reallocation of commercial floor area to the Waterside Shops is compatible with the adjacent land uses due to the fact that the additional retail space will be contained within the existing Waterside Shops property. As depicted on the attached Master Expansion Plan, the additional floor space will allow for a second story for the primary anchor store and for buildings "D" and "H ". In addition, the petitioner is proposing to construct two parking garages along with providing additional landscaping surrounding the center. Parking deck "A" is located on the north side of the Union Trust Bank and approximately 75 feet east of West Boulevard. A review of the previous amendments to the Pelican Bay PUD revealed the following changes: On Sept. 29, 1987, Collier County approved Resolution No. 87 -220, which amended the Pelican Bay DRI Development Order to designate a 6.5 -acre parcel located within the South Commercial Area for an "Attraction/Recreation" use, pursuant to the DRI law (Ch. 380, Fla. Stat.) The Philharmonic Center is considered an "Attraction or Recreation Facility" pursuant to Section 380.0651 Fla. Stat. and it is not considered either retail or office. The Philharmonic Center, therefore, does not count against, nor does it use up the approved retail or office square footage approved in the Pelican Bay DRI and PUD. They are considered completely different types of uses. In 1989, a substantial deviation from the Pelican Bay DRI/PUD was approved with the adoption of Resolution 89 -77A granting the 1,095,000 square feet of commercial use, including the square footage of both retail and office uses. Although the approved but as yet uncommitted office and retail uses in the North Commercial pod (often referred to as "the Marketplace ") are being eliminated and shifted to the Waterside Shops (South Commercial pod), the currently approved maximum of 1,095,000 square feet of commercial use will remain the same with this amendment. The proposed changes (including the reduction of 800 approved residential units) have been considered by the Southwest Florida Regional Planning Council to be a "non- substantial deviation" to the DRI. Therefore, staff is of the opinion that the proposed amendment will be compatible with the existing land uses and the Activity Center Sub - district of the GMP. PUBLIC INFORMATION MEETING: PUDA -03 -AR -4008, Pelican Bay PUD 5 Agenda item No. 8D September 14, 2004 Page 10 of 102 The petitioner held a Public Information Meeting on May 14, 2003, that was attended by approximately 71 individuals. Of those persons that spoke, most expressed support for the project. Others expressed concern over parking structures, landscaping, and that the relocated commercial floor area could worsen the traffic congestion in the area. The petitioner indicated that the traffic study indicated that the proposed change would not significantly change the traffic circulation for Pelican Bay. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPQ forward a recommendation of approval of Petition PUDA -03 -AR -4008 that repeals Ordinance Number 77 -18 as described by the Ordinance of Adoption and exhibits thereto, The Pelican Bay PUD regulatory document. PREPARED BY: RAY BELLOWS, CHIEF PLANNER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN REZONE FINDINGS PETITION PUD- 03- AR4008 PUDA- 03- AR4008, Pelican Bay PUD 6 Agenda item No. 8D September 14, 2004 Page 11 of 102 Division 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, and policies and 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 density permitted within the Pelican Bay PUD is consistent with the FLUE contained in the Growth Management Plan by Policy 5.1 that provides that property zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re- evaluation Program are consistent with the GMP and designated on the Future Land Use Map series. Therefore these properties are Consistent by Policy. 2. The existing land use pattern. North: Philharmonic Center and existing office uses within Pelican Bay. East: A bowling alley and convenience store on the east side of U.S. 41. South: Commercial uses located in Naples and south of Seagate Drive. West: Existing residential uses within the Pelican Bay PUD. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The Pelican Bay PUD is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with 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. The existing Pelican Bay PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. The proposed amendment will not change these boundaries 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. EXHIBIT "A" The proposed PUD Amendment is appropriate since the approved land uses will not change while the overall PUD project intensity will be reduced. In addition, this petition is still compatible with the surrounding lands. Furthermore, the subject PUD has a positive relationship to the GMP. PUDA -03 -AR -4008, Pelican Bay PUD 7 Agenda Item No. 8D September 14, 2004 Page 12 of 102 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely influence living conditions within the Pelican Bay PUD. The proposed change will affect portions of the project that have already been designated for commercial use. The proposed change will have no significant impact upon the residential components of the PUD. This petition will generate additional vehicular trips from the South Commercial area, but these additional trips will not have a significant impact. 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 5.1 of the Traffic Element of the GMP and the project was found consistent subject to mitigation. The proposed change will result in an overall decrease in daily trips within the Pelican Bay PUD, as determined by the Traffic Impact Statement. However, due to the reallocation of commercial square footage to the south, the vehicular traffic to and from the South Commercial Area will increase and exacerbate congestion. As a result, the Transportation Department has recommended intersection improvements including a northbound left turn lane and adjustments to the median and to the existing pavement to accommodate the added left -turn lane. S. Whether the proposed change will create a drainage problem. The Land Development Code 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, every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub - surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 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 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 PUDA -03 -AR -4008, Pelican Bay PUD Agenda Item No. 8D September 14, 2004 Page 13 of 102 and circulation of air does not adversely affect adjacent areas. The proposed second story to the Waterside Shops will not adversely impact light penetration and circulation of air and will not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The development standards within the Pelican Bay PUD will not be affected by the requested change. Therefore, staff is of the opinion that this petition will not adversely affect property values. It should be noted that the value of property is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The undeveloped properties within the Pelican Bay PUD will not be affected by the requested change. The reallocation of commercial square footage from the North Commercial Area to the South Commercial Area will only be applied to the existing Waterside Shops. The proposed petition will not increase the amount of approved commercial square footage currently permitted in the Pelican Bay PUD. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed development complies with the GMP. In light of this fact the proposed change 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. The subject property is being developed in accordance with the existing zoning. The proposed amendment is a shift in the amount of allowed commercial office space and does not seek to alter the current uses or development standards. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; PUDA -03 -AR -4008, Pelican Bay PUD 9 Agenda Item No. 8D September 14, 2004 Page 14 of 102 The proposed amendment complies with the GMP and will not adversely impact the scale, density and overall intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. 15. Whether it is 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. This is not the determining factor when evaluating the appropriateness of a rezoning decision. This petition is consistent with all elements of the GMP, is compatible with the adjacent land uses, has adequate infrastructure and to some extent the timing of the action is consistent with all County codes. 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 area within the Pelican Bay PUD affected by the proposed change is currently structured to receive such development. The change is a reallocation of specific commercial floor area that is designed for this use. 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. The proposed change will have no affect upon those conditions. FINDINGS FOR PUD PUD- 03- AR4008 PUDA -03 -AR -4008, Pelican Bay PUD 10 Agenda Item No. 8D September 14, 2004 Page 15 of 102 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 Plan's 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. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the Pelican Bay PUD document give assurance that all infrastructures will be developed consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Planning Commission and the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the GMP. 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. Documents submitted with the application provide evidence of unified control for the reallocation of commercial square footage and the reduction to the maximum number of dwelling units. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The subject petition has been found consistent with the goals, objectives and policies of the GMP. A more detailed description of this conformity is addressed in the Staff Report. 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. EXHIBIT "B" The currently approved PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. PUDA -03 -AR -4008, Pelican Bay PUD 11 Agenda Item No, 8D September 14, 2004 Page 16 of 102 In addition, the LDC contains provisions that assure harmonious relationships between projects and automatically regulates external relationships. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Timing or sequence of development in light of concurrency requirements is not a significant problem. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, 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, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. Relative to this amendment, the reallocation of commercial floor area within the Pelican Bay PUD will not adversely impact any previous determination of consistency with the GMP. The project is also timely because the supporting infrastructure is available. 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. This criteria essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. The change is simply a shift in the amount of commercial use. PUDA -03 -AR -4008, Pelican Bay PUD 12 p O O O ci O Z �D 67 VJ co U NN IX IF i b arcs of pan CL Q v/ 0.. Q Z Q a V O J 2 O_ 1- N w a. Agenda Item No, 8D September 14, 2004 Page 18 of 102 APPLICATION FOR PUBLIC HEARING FOR: UD REZONE op.(_ r UD TOP UD REZONE �r' r Petition No.: Planner Assigned: Date Received: Commission District: 1. General Information: ABOVE TO BE COMPLETED BY STAFF Name ofApplicant(s) W.C.I. Communities. Inc _ Applicant's Mailing Address 24301 Walden Center Drive City Bonita Springs State Flori da Zip 34134 Applicant's Telephone # (239) 498 -8525 Fax # (239) 949 -0233 Name of Applicant(s) Waterside Shops at Pelican Bay Trust, (Glen Harrell) Applicant's Mailing Address 5415 Tamiami Trail North Ste. 320 City Naples State Florida Zip 34108 Applicant's Telephone # (239) 598 -1605 Fax # (239) 598 -1773 Name of Agent _ _ _ _ _ _ C Laurence Keese_v Firm Agent's Mailing Address s �`Q E'� • .UIp S (.,,4 k �. DR �yE t 1 3 City ft .Ps State Florida Zip 2W08 Agent's Telephone # (239) �aa �_6 Fax # (239) 597 -1060 Agent's E -Mail Address: _ Ia rr y k iq4t* @ ycL ,- co vA 1/9/2003 Application For Public Hearing For PUD Rezone 1 Agenda Item No. 8D September 14, 2004 COLLIER COUNTY COMMUNITY DEVELOPMENT Page 19 of 102 PLANNING SERVICES /CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403- 2400/FAX (941) 643 -6968 *Be aware that Collier County has lobbyist regulations. Guide yourself 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 if necessary) Name of Homeowner Association: Pelican Bay ProMO Owners Association PBPOA Mailing Address 801 Laurel Oaks Blvd. Suite 600 City Naples State FL Zip34108 Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address City City State Zip State Zip Name of Master Association: Pelican Bay of Naples Foundation. Inc. Mailing Address 6251 Pelican BM Blvd. City Naples State Florida Zip 34108 Name of Civic Association: Mailing Address 2. Disclosure of Interest Information: City State Zip a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the 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 Address 4/9/2003 Aaalicadon For Public Hearing For PUD Rezone 2 Percentage of Ownership Agenda Item No. 8D b. If the property is owned by a CORPORATION, list the officers and stocember 2004 �AWefls ��il32the percentage of stock owned by each. C. e. Name and Address, and Office WCI Communities Inc. is owner of the unbuilt residential and commercial Development Rights within Pelican Bav PUD/DRI Property Address: 24301 Walden Center Drive Bonita Springs FL 34134 Percentage of Stock WCI is a publicly traded Company listed on the New York Stock Exchange (NYSE). Officers: See Exhibit "A" for a listing of Officers as of March 20, 2003. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest Waterside Shops at Pelican Bay Trust owns 100% of the 28.3 acres comprisinrr the Waterside Shops in the South Commercial Area of Pelican Bay _Land of any unbuilt development rights located therein The beneficiary (100%) of the Waterside Shops at Pelican Ba y Trust is Property Florida SCJLW 1 Corp, 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 Address Percentage of Ownership 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, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership 4/9/2003 Application For PubUc Hearing For PUD Rewne 3 Date of Contract: Agenda Item No. 8D September 14, 2004 f. If any contingency clause or contract terms involve additional parties, list iliga(fiVidtIM or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired () leased (): Term of lease _yrs. /mos. 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 responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than 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 last six months, maximum 1" to 400' scale) 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 survey may be required. *See Exhibit "B ": Legal Description of the Waterside Shops Parcel Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: 4. Size of property: ft. X ft. = Total Sq. Ft. Acres Waterside Shops is located on 28.3 Acres. Pelican Bay is 2,104 Acres. 4/9!2003 APPIkadoe For Public Hearing For PUD Rezone 4 Agenda Item No, 8d 5. Address /general location of subject property• Sept Pager 22 of 102 General Location: land is in Pelican BA DRUPUD west of U.S. 4i north of Sea ate Drive and south of Vanderbilt Beach Road bordered on the west b the Gulf of Mexico. The Waterside Shoas Parcel is in the northwest quadrant of the intersection of U.S. 41 and Seagate Dr. 6. PUD District (LDC 2.2.20.4): ❑ Residential ❑ Community Facilities 7. Adjacent zoning and land use: E] Commercial [] Industrial Zoning Land use N PUD Philharmonic Center and existing office uses within the Pelican Bay DRl S (City of Naplesl Commercial Commercial uses located in City's jurisdiction which b 'ns south of -Seagate Drive E Commercial Bowling Alley and convenience store on east side of U S 41. W PUD Existing Residential uses within Pelican Bay 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 page). Response: No Section: Township: -_ e: Ran g Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: 4/9/2003 Aoolicstion For Public Hearin- For — Rezone Agenda Item No. 8D September 14, 2004 8. Rezone Request: This application is requesting a rezone from the PUD zoning RiW X1;)1t%2 the PUD zoning district(s). Present Use of the Property: Residential, Commercial, Recreation in Pelican Bay PUD/DRI, an existing Planned Community; retail and office uses within the Waterside Sbops parcel. Proposed Use (or range of uses) of the property: Same, with increase in retail and office use within the Waterside Shops portion of South Commercial Area and decreases in these uses within the North Commercial Area Reduction of 800 units (to 7,800 units) in the number of approved units within Pelican Bay. Original PUD Name: Pelican Bay PUD Ordinance No.:-(77-18) 9. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff s analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners 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 noted below. Include any backup materials and documentation in support of the request. See Exhibit "C" 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 characteristics 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 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. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD 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. S. The adequacy of usable open space areas in existence and as proposed to serve the development. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 4/9/2003 Application For Public Hearing For PUD Rezone 6 Agenda Item No. 8D September 14, 2004 7. The ability of the subject property and of surrounding areas to accommodate 4 tbW 102 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application ofsuch regulations. 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 whether or not the request is affected by existing deed restrictions. Response: No response required. 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? Response: No. 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 the pre - application meeting notes; Response: See Exhibit "D" 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 Immokalee/Water Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 81/2" 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 Advisory Board (EAB), or CCPC]; Response: A copy of approved Pelican Bay PUD/DRI Master Plan is attached as Exhibit "E ". No changes to this plan are proposed. • 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 matrix indicating required and provided parking and loading, including required parking for the disabled], • required yards, open space and preserve areas, 41912003 Application For Public Hearing For PUD Rezone Agenda Item No, 8D September 14, 2004 Page 25 of 102 0 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 Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC) , or a request for waiver if appropriate. Response: Site is developed. EIS waived at preapplication meeting e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve 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 shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). Response: See aerial photo attached as Exhibit "F" f. Statement of utility provisions (with all required attachments and sketches); Response: Existing utilities on site will serve additional commercial use proposed. g. A Traffic Impact Statement MS), unless waived at the pre - application meeting; Response: See Exhibit "G" attached. h. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Response: Site is developed. Survey waived at preapplication meeting. i. Any additional requirements as may be applicable to specific conditional uses and identified during the pre - application meeting, including but not Iimited to any required state or federal permits. j. An electronic version of the PUD on a disk as part of this submittal package. Response: Provided at time of submittal to County. 4!9/2003 Aoaliutlon For Public Hearing For PLW Rezone Agenda Item No, 8D September 14, 2004 Page 26 of 102 k. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8) Response: Not applicable. Please be advised 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 County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately. 4/9/2003 Apolicadon For Public Hearing For PUD Rezone 9 Agenda Item No. 8D September 14, 2004 Page 27 of 102 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST Prepared by WilsonMiller, Inc. 1. NAME OF APPLICANT: Waterside Shops Land Trust and WCI Communities, Inc. 2. MAILING ADDRESS Waterside Shops, 5415 Tamlami Trail North, Suite 320, Naples, FL 34108 WCI Communities, Inc., 24301 Walden Center Drive, Bonita Springs, FL 34134 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 5555 Tamiami Trail N. Naples, Florida 4. LEGAL DESCRIPTION: Pelican Bay Unit 1 - Commencing at the SE Comer of Parcel B, N 17.5 ft. to Point of Beginning, S 89 Deg. W 1085.29 ft., Northwesterly 35.24 ft. alonq curve. N 705.19 ft. SECTION: 9 TOWNSHIP: LOT: N/A BLOCK: N/A PLAT BOOK: PAGE #: METES & BOUNDS DESCRIPTION: 49 south RANGE: 25 east SUBDIVISION: Pelican Bay PROPERTY I.D. #: 66270160002 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME: F] d. PACKAGE TREATMENT PLANT: Fl (GPD capacity): e. SEPTIC SYSTEM 10 lam.' Agenda Item No. 8D September 14, 2004 Page 28 of 102 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM n c. FRANCHISED UTILITY SYSTEM R lT:Ze1lv11 T4► IrT151;l d. PRIVATE SYSTEM (WELL) F1 7. TOTAL POPULATION TO BE SERVED: 2,914 Single - Family Residential Units 4,886 Multi- Family Residential Units 534,055 s.f. of Office Space 506,945 s.f. of Retail Space �-. 8. PEAK AND AVERAGE DAILY DEMANDS: a. WATER -PEAK 11,061,792 GPD AVERAGE DAILY 3,160,515 GPD b. SEWER -PEAK 8,367,408 GPD AVERAGE DAILY 2,390,695 GPD 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED. Not Applicable. 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent 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 engineer. All onsite sewage is collected by the sanitary sewer system and. transferred to the North Collier Wastewater Treatment Plant. The subject project does not contain any affluent and sludge disposal or the use of percolation ponds. 11 Agenda Item No, 8D September 14, 2004 Page 29 of 102 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST 11. COLLIER COUNTY 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 Utilities the water distribution and sewage collection 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 County Utilities division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Not Applicable. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise 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. Not Applicable. 12 Agenda Item No. 8D 14, 2004 PUD REZONE APPLICATION September Page 30 of 102 SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET? REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED 1. Completed Application/PUD documents 24* X 2. Copy of Deed(s) and list identifying Owner(s) and all Partners if a Corporation 2* X 3. Completed Owner /Agent Affidavit, Notarized 2* X 4. Pre - application notes /minutes 24* X 5. Conceptual Site Plans 24* X 6. Environmental Impact Statement - (EIS) 4 X 7. Aerial Photograph - (with habitat areas identified) 5* X 8. Completed Utility Provisions Statement (with required attachments and sketches) 4 X 9. Traffic Impact Statement - (TIS) 4 X 10. Historical & Archaeological Survey or Waiver Application 4 X 11. Copies of State and/or Federal Permits 4 X 12. Architectural Rendering of Proposed Structure(s) 4 X 13. Pre - Application Fee, Application Fee and Data Conversion Fee Check shall he made payable to Collie County Board of Commissioners - X 14. An electronic version of the PUD on a disk as part of the submittal packet. X 15. PUBLIC PARTICIPATION MEETING: APPLICATION SUBMITTAL: Copy of Affidavit attesting that all property owners, civic associations and property owner associations were notified. Copy of audio/video recording of public meeting. Written account of meeting. X 16. Affordable Housing Density Bonus Agreement including all Appendices and Exhibits. 4 X 17. Boundary Survey (no more than 6 months old) 5 X 18. OTHER REQUIREMENTS: * Documents required for Long -Range Planning Review * 1 additional copy if for affordable housing As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. -3 4,26Lo Agent/Applicant SignattA Date 3/27/2003 Application For Public Hearing For PUD Rezone 13 AFFIDA YIT Agenda Item No. 8D September 14, 2004 Page 31 of 102 WeA, being first duly sworn, depose and say that we /1 am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, 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. WeII understand that the information requested on this application must be complete and accurate and that the content of this 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 required information has been submitted As property owner We /1 further authorize our /my representative in any matters regarding this Petition. to act as See attached Joint Consent and Annointment of Agent on four (4) following pages Signature of Property Owner Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this day of_ who is personally known to me or has produced as identification. State of Florida County of Collier (Signature of Notwy Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) 3/27/2003 Application For Public Hearin For PUD Rezone 14 200 , by Agenda Item No. 8D September 14, 2004 Page 32 of 102 JOINT CONSENT AND APPOINTMENT OF AGENT This Joint Consent and Appointment of Agent is made this Zotiay of March F1 1, 2003, by WCI Communities, Inc., a Delaware Corporation (herein referred to as "WCI ") whose mailing address is 24301 Walden Center Drive, Bonita Springs, Florida 34134, and Waterside Shops at Pelican Bay Trust, a Florida Land Trust (herein referred to as "Waterside Shops ") whose address is 5415 Tamiami Trail North, Naples, Florida 34108. WITNESSETH: WHEREAS, WCI is the successor in interest, owner, and developer of land comprising the Pelican Bay Development of Regional Impact ( "DRI ") and Pelican Bay Planned Unit Development ( "PUD "), both of which were approved by Collier County in 1977, and the development of the Pelican Bay DRI/PUD land is controlled by Collier County's Development Order 77 -1, as Amended and PUD Ordinance 77 -18, as Amended; and WHEREAS, Waterside Shops owns approximately 28.3 acres of land designated for commercial development within the Area (South) Commercial District within the Pelican Bay DRI; and WHEREAS, WCI and Waterside Shops have agreed to file joint applications with Collier County to amend the Pelican Bay DRI Development Order and PUD zoning to request the conversion and relocation of certain commercial uses in the North Commercial District of Pelican Bay. and a reduction of the number of residential dwelling units within the Pelican Bay DRI/PUD so as to achieve the desired result of increasing the amount of approved commercial use within the Waterside Shops; and WHEREAS, the changes to the previously approved uses within the Pelican Bay DRI and the Waterside Shops portion thereof will require applications to be filed with Collier County and to be reviewed and approved by the County, as well as other state and regional agencies; and WHEREAS, WCI and Waterside Shops have decided to appoint agents to represent them in preparing applications and obtaining any and all governmental approvals necessary to change the amounts of approved commercial and residential land uses within the Pelican Bay DRI and to specifically increase the amount of approved commercial use within the Waterside Shops in the manner intended by the Parties and to authorize such agents to act on their behalf with full authority to apply for and obtain such approvals, including rezoning of the Pelican Bay PUD and an amendment of the existing Pelican Bay DRI development order. NOW, THEREFORE, WCI and Waterside Shops in order to acknowledge their awareness of and consent to their proposed changes and amendments of the ordinance and development orders 14 - A Agenda Item No. 8Q September 14, 2004 Page 33 of 102 governing the Pelican -Bay property and in order to appoint, authorize, and direct its agents and representatives to act on their behalf to obtain the necessary governmental approvals for the development to be carried out within the Waterside Shops, do consent to and direct the following: APPOINTMENT OF AGENTS The preceding "Whereas" clauses are true and are incorporated herein. 2. George L. Varnadoe, C. Laurence Keesey and the law firm of Young, van. Assenderp, Varnadoe, and Anderson, P.A., whose address is 801 Laurel Oak Drive, Suite 300, Naples, Florida, 34108, are hereby designated and appointed the agents /representatives of WCI and Waterside Shops with full authority to act on their behalf, to perform all legal services related to the preparation, submission, and review, and approval of any applications to obtain governmental approval of their joint applications and intentions to change the approved land uses within the Pelican Bay DRI/PUD and to obtain approval of additional commercial use within the Waterside Shops' property. George L. Varnadoe, C. Laurence Keesey, and the law firm of Young, van Assenderp, Varnadoe and Anderson, P.A. are authorized to represent and act as Agents for WCI and Waterside Shops with their full authority, before any and all governmental entities and agencies of the local, state, and federal government as may- be appropriate and reasonably related to obtaining approval of the joint applications for amendments to the Pelican Bay PUD zoning and Pelican Bay DRI Development Order. These agencies and entities may include but shall not be limited to the following: A The Collier County Board of County Commissioners and all departments, divisions, and sub units of the County. B. The Southwest Florida Regional Planning Council. C. The Florida Departments of Community Affairs, Environmental Protection and Transportation. D. The Florida Secretary of State and all other cabinet level offices and agencies of the State of Florida. E. The Florida Land and Water Adjudicatory Commission. F. The South Florida Water Management District. To effectuate the appointment of the agents named above, and as evidence of there consent to the agents' acting on there behalf, for the purposes stated above, the authorized representative of WCI Communities, Inc. and Waterside Shops at Pelican Bay Trust have signed below. 14 -B Dated: l t/ Z L l 03 STATE OF FLORIDA COUNTY OF LEE Agenda Item No. 8D September 14, 2004 Page 34 of 102 WCI Communities, Inc., a Delaware corporation. --0 By: Vivien Hastings, i Vice Ptjsident Waterside Shops at Pelican Bay Trust, a Florida land trust By: Michael OBrieq Trustee Waterside Shops at Pelican Bay Trust The foregoing Joint Consent and Appointment of Agent wad acknowledged before me this 20th day of March s , 2003, by Vivien Hastings, as President of the WCI Communities, Inc., on behalf of said corporation, whorls personally known tome, and has presented as identification. 0-1 Notary Public (SEAL) Melanie Scire Typed/Printed Name My Commission No. My Commission Expires: 14 -C STATE OF NE YORK COUNTY OF Agenda Item No. 8D September 14, 2004 Page 35 of 102 �Vla e foregoin Joint Consent and Appointment of Agent was acknowledged before me this y of ALL , 2003, by, Michael O'Brien, Trustee, Waterside Shops at Pelican Bay Trust, on behalf o said land trust, who is personally known to me, and has presented ,IT as identification. ^ (SEA.,) My Commission No. SOMA LYDIA FRANCIS rt I0. i00" o041a? Y n t u` Exp 17, P:\m"=NC�wol\W WaUoa mtC��;dmedagmcwcrWmkmae.wpa 14 —D Agenda Item No, 8D September 14, 2004 Page 36 of 102 TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: 1. Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development 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 Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. 2. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existing_ Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and 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 Generalized Daily Service Volumes as set forth in the TCE of the GMT. 5 . Radius of Development Influence (RDI): The TIS shall cover the least of the following two areas: a) an area as set forth 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 DRI Other (commercial, industrial, institutional, etc.) 0 - 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 5 Miles 400,000 & up 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. 6. Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak -hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). 4/9/2003 Acalicadoe For Public Hearin$ For PUD Rezone 16 Agenda Item No. 8D September 14, 2004 7. Background Traffic: The effects of previously approved but undeveloped or pa.W -dA8fZ?ped projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. S. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 9. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. 10. PIanned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Project Phasing When 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 mitigated through a phasing schedule, such a phasing schedule may 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 "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning for a period of six f61 months. An application deemed "closed" will not receive further processing and 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 determination of "sufficiency ". Further review of the project will be subject to the then current code. (LDC Section 2.2.20.2.3) Word\ Waterside \WatersideRezoneMaster0409.doc 4/9/2003 Application For Public Hearing For PUD Rezone 17 Agenda Item No. 8D September 14, 2004 �� Page 38 of 102 EXHIBIT A Page 1 of 2 WCI COMMUNIMS. INC. March 20, 2003 Current Officers Executive Officers: Don E. Ackerman, C11Airmaii of the Board/ Executive Vice President Alfred Hoffman, Jr., Chief Executive Officer Jerry L. Starkey, President R. Michael Curtin, Senior Vice President Paul D. Appolonia, Senior Vice President James P. Dietz, Senior Vice President/CFO David L. Fry, Senior Vice President Michael R. Greenberg, Senior Vice President Albert F. Moscato, Jr., Senior Vice President George R Page, Senior Vice President Steven C. Adelman, Senior Vice President/ Treasurer VivienN. Hastings, Senior Vice President/ Secretary Senior Officers: Charles E. Brasington, Senior Vice President Armando J. Goenaga, Senior Vice President Vice Presidents: Robert C:. Beyer, Jr., Vice President Jacqueline Buckler, Vice President John F. Coolahan, Vice President Joseph P. Covelli, Vice President Wanda Z Cross, Vice President Edward D'Alessandro, Vice President Steve Danco, Vice President Paul B. Drummond, Vice President Alfred P. Dougherty, III, Vice President Karen L. Eudersbee, Vice President John J. Ferry III, Vice President Ketine8i Y. Gordon, Vice President Edward R. Griffith, Vice President Donald g. Gunn, Vice President - C6ristophea J. Hanlon, Vice President Robert Hanna, Vice President David A. Hart, Vice President Roger A Heiman, Vice President Stefan O. Johanson, Vice President Laura Johnston, Vice President Candace B. Jorritsms, Vice President C harios R. Mat%tt, Jr., Vito President Rick Mercer, Vke President Michael D. Milord, Vex President Clary Nelson, Wuxi Presidart Richard 0. Newman, Vice President lbx&y Oak, We Prod4a t Randy Park, Vice President Agenda Item No. 8D September 14, 2004 EXHIBIT �'�g 3Page °2 of 2 Vice Presidents, Continued Scott A. Perry, Vice President (Chief Accounting Officer) Kenneth P. Plonski, Vice President James T. Riley, Vice President Kerry W. Rudolph Marco A. Ruiz, Vice President Edward Sanabria, Vice President G. Patrick Settles, Vice President Barry A. Sifen, Vice President Mark Smietana, Vice President Robert Swails, Vice President Pamela K. Talton, Vice President Ken Tuma, Vice President Diana L. Walker, Vice President Vice President/Assistant Secretaries: Paul Angelo, Vice President) Assistant Secretary James D. Cullen, Vice President / Assistant Secretary David R Dyess, Vice President / Assistant Secretary Patricia Z. Hitchcock, Vice President / Assistant Secretary Stephen C. Pierce, Vice President /Assistant Secretary Eleanor W. Taft, Vice President / Assistant Secretary Assistant Secretaries: Sylvia Keith, Assistant Secretary Patricia A. Kelsey, Assistant Secretary Maryann Nance, Assistant Secretary Laurel Y. Sitterly, Assistant Secretary Patricia Tonger, Assistant Secretary Agenda Item No. 8D EXHIBIT "B" September 14 2004 • Page 40 of 102 r., L 'V .Ak4j AT PELIC^" HAYls+/ LEGAL DESCREM —ON All that part of Parcel "B" of PELICAN BAY UNIT ONE, according to the plat thereof as recorded in Plat Book 12, Pages 47 -52, Collier County Public Records, Collier County, Florida and being particularly descried as follows: Commencing at the Southeast corner of said Parcel "B'; thence along the East line of said Parcel "B', N. O° 391-32" W.,' 1.7.50 foot to--the -POINT OF BEGINNING of the parcel herein desen'bed; thence along a line which lies 17.5 feet North of and parallel with (as measured at right angle to) the platted South line of said Parcel "B" S.890 30' 11' W., 1085.29 Feet to a point on a curve and the West line of said Parcel "B "; thence along said West line Northwesterly 35.24 feet along the arc of a non-tangential circular curve. concave to the Northeast, having a radius of 50.00 feet, through a central angle of 400 22' 47' and being subtended by a chord which bears N. 200 50' 56' W., 34.51 feet, thence continue along said West line N. 00 39' 32' W., 705.19 feet; thence continue along said West line Northwesterly 472.66 feet along the arc of a circular curve concave to the Southwest, having a radius of 2050.00 feet, through a central angel of 130 IT 38" and being subtended by a chord which bears N. 070 15' 51" W., 471.62 feet to a point on said curve; thence. N. 760 MY 18' - E., 75.10 feet; thence Northeasterly 204.84 feet along the arc of a circular curve concave to the Southeast, having a radius of 926.37 feet, through a central angle of 120 40' 10' ' and being subtended by a chord which bears N. 830 00' 23' E., 204.43 feet; thence N. 890 20' 28: E.,.88.06 feet to a point on a curve; thence Southeasterly 138.70 feet along the arc of a non - tangential circular curve concave to the Northeast, having a radius of 125.00 feet, through a central angle of 630 34' 27' and being subtended by a chord which bears S. 580 52' 19' -E., 131.69 feet; thence N. 890 20' 28' E., 25.00 feet; thence Northeasterly 259.18 feet along the arc of a circular curve concave to the Northwest, having a radius of 450.09 feet, through a central angle of 330 00, 00' and being subtended by a chord which bears N. 72° 50, 28' E., 255.61 feet to a point on said curve; thence S. 320 27112" E., 564.55 feet; thence N. 890 30' 11' E., 107.47 feet to the East line of said Parcel "B' thence along said East line S. 00 39' 32' E., 771.25 feet to the Point of Beginning of the parcel herein dewnbed. - Agenda Item No. 8D September 14, 2004 Exhibit ' C'P l dif We 5 EXHIBIT "C" Response to Question #9.: Evaluation Criteria. Proj ect Hi story The Pelican Bay DRI/PUD, a planned community, was originally approved by Collier County in 1977 (D.O. 77 -1; PUD ORD. #77 -18) and a substantial deviation to the project was approved in 1989 (D.O. 89 -77A; PUD ORD. #89 -35). As currently approved, Pelican Bay is authorized to contain a maximum of 8600 residential dwelling units and up to 1,095,000 gross square feet ( "GSF ") of commercial uses, including both retail and office. The project's construction began soon after its approval, and Pelican Bay is nearing completion. Proposed Changes The proposed changes to Pelican Bay do not affect the currently approved Master Plan, which will remain in effect without modification. The only construction, or additional physical development that will occur as a result of these changes will occur on the existing Waterside Shops site. The proposed changes include reduction of the number of approved residential dwelling units and a transfer of floor area for all unbuilt commercial use from the north commercial area to the south commercial area, as described below: (1) A reduction in the number of approved residential units by 800 units, from 8,600 dwelling units currently approved to a new total of 7,800 units. (2) A decrease of approved commercial use within the north commercial area by a total of 170,343 GSF. This amount consists of 8,398 GSF of retail use and 161,945 GSF of office space. This reduction will prevent additional commercial development within the north commercial area beyond the currently constructed amount of 284,257 GSF of commercial use, which will become the new approved amount for the north commercial pod. Agenda Item No, 8D Exhibit "C" $�d�t�ZMN 102 (3) An increase of approved commercial use within the south commercial area of Pelican Bay by 170,343 G.S.F. The additional retail and office uses will be located within the 28.3 acres comprising the Waterside Shops portion of the south commercial area. The currently approved 640,400 GSF of commercial use in the south commercial area will be increased by an identical amount, 170,343 GSF, being eliminated from the north commercial area. The increased floor area within the Waterside Shops parcel will consist of an additional 36,000 sq. ft. of approved office use and an additional 134,343 GSF of approved retail use. PUD Rezone Considerations in Land Development Code Section 2.7.3.2.5 The PUD/DRI Master Plan (1989) for Pelican Bay (See Exhibit "E" to the Application) is not being changed. The existing commercial uses within the Waterside Shops portion of the south commercial area were constructed in accordance with and pursuant to the original Pelican Bay DRI/PUD approvals, as amended, issued by Collier County beginning in 1977, including the substantial deviation approved in 1989. The Waterside Shops' commercial uses are within the GMP designated Activity Center located around the intersection of U.S. 41 and Pine Ridge Road. The requested changes will reduce the number of approved but unbuilt residential units in Pelican Bay and will eliminate approval of any additional future commercial development within the north commercial area. Any approved but unbuilt retail and office uses in the north will be "transferred" to the south commercial area, converted to primarily retail use, and located within the Waterside Shops' parcel. Pelican Bay's currently approved total commercial use of 1,095,000 GSF will be maintained as the total approved amount following these changes. The existing Waterside Shops are a popular and successful up -scale commercial retail use which is, and will remain, consistent with the goals, objectives and policies of the Collier County Growth Management Plan. The existing commercial development is compatible with all surrounding land uses and meets or exceeds all Collier County requirements regarding landscaping, open space and buffering. (See aerial photo, Exhibit "F. ") No new land uses are being proposed. The existing Waterside Shops location is obviously suitable for and compatible with an expansion of these same uses, as proposed in this PUD amendment. The expansion of the Waterside Shops commercial use, in conjunction with the simultaneous reduction in residential units and commercial uses in the remainder of Pelican Bay, will be accommodated by the recently completed improvements to U.S. 41, and its intersection with Pine Ridge/Seagate Road. The proposed changes will not cause a lowering of the level of service on any regionally significant roadway segment or intersection. (See Traffic Impact Study report of David Agenda Item No. 8D September 14, 2004 Exhibit "C" PagePfpeo43 f 102 Plummer and Associates, attached as Exhibit "G" to the application.) The changes will also be accommodated by, and will not exceed the capacity of drainage, sewer, water and other existing public facilities and services. moo -0 _o EL m 0) cz ^^ 0 (D CL Q m' VJ 0^ Q �w a wo av e C o o a o C W 0 0 cc to Oa 04 U N 9. *, M W! 99.4 A� p A ° 0 00 o 0 a 0 w 0 o o_ c°o_ adz � �, O C M M M "4� O H n H M O M og ��jj,, za m o a°� "c oho N M Iwo w E+ o 0 V) N n m O N H H to M N A P. O °coo °w O OC Lk" C4 H o an m v CD It 0 to o an 1-4 A4 v M rM1 m M N A C ��T�vO ri A� a C�40 M V Un O a0 V z� O 04 m O p4 a C c as v a a Agenda Item No. 8D September 14, 2004 Page 45 of 102 ORDINANCE NO. 04- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, OR SUCCESSOR PROVISION, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO AMEND THE APPROPRIATE OFFICIAL ZONING ATLAS MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO 'PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE PELICAN BAY PUD FOR THE PURPOSE OF AMENDING THE PUD DOCUMENT TO REALLOCATE 121,000 SQUARE FEET OF APPROVED BUT AS YET UNCONSTRUCTED AND UNCOMMITTED COMMERCIAL USES FROM THE NORTH COMMERCIAL AREA KNOWN AS THE MARKETPLACE TO THE SOUTH COMMERCIAL AREA KNOWN AS THE WATERSIDE SHOPS; TO REDUCE THE NUMBER OF APPROVED BUT YET UNCONSTRUCTED AND UNCOMMITTED RESIDENTIAL DWELLING UNITS FROM 8600 TO 7800, A REDUCTION OF 800 DWELLING UNITS; AND TO PROVIDE FOR ADDITIONAL TRANSPORTATION COMMITMENTS ALL FOR PROPERTY LOCATED IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF U.S. 41 AND SEAGATE DRIVE (C.R. 896) IN SECTIONS 32 AND 33. TOWNSHIP 48 SOUTH, RANGE 25 EAST, AND SECTIONS 4, 5, 8 AND 9, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2,104 ACRES, MORE OR LESS; PROVIDING FOR A PARTIAL REPEAL OF ORDINANCE NUMBER 77 -18, AS AMENDED, THE EXISTING PELICAN BAY PUD ORDINANCE; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, C. Laurence Keesey, Esq., representing the Waterside Shops at Pelican Bay Trust and WCI Communities, Inc., 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 Sections 32 and 33, Township 48, South, Range 25 East and Sections 4, 5, 8 and 9, Township 49 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the additions and deletions to Ordinance Number 77 -18, as amended, the Pelican Bay PUD as reflected in Words straek th% are deleted; words underlined are added. Page 1 of 2 Agenda item No. 8D September 14, 2004 the pUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference ma &We 46 01 102 part hereof. The appropriate zoning atlas maps as described in Ordinance Number 91 -102, the Collier County Land Development Code, or successor provision, are hereby amended accordingly. SECTION TWO: Ordinance Number 77 -18, known as the Pelican Bay PUD, adopted on April 19, 1977, by the Board of County Commissioners of Collier County, Florida, together with any amendments thereto, is hereby repealed only to the extent that the Ordinance, as amended, is inconsistent with the additions and deletions set forth in the Pelican Bay PUD Document attached hereto as Exhibit "A ". All other provisions of Ordinance Number 77 -18, as amended, shall remain in full force and effect. SECTION THREE: 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 14th day of September, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN Approved as to Form and Legal Sufficiency MarM. Student Assistant County Attorney PUDA- 2003 -AR -4008 Mo/sp words stme1E t1a<eu.0 are deleted; words underlined are added. Page 2 of 2 Agenda Item No, 8D September 14, 2004 Page 47 of 102 Amended Planned Unit Development Document For PELICAN BAY PUD IM WCI Communities, Inc. (Formerly Westinghouse Communities of Naples, Inc.; Formerly Coral Ridge - Collier Properties, Inc.) Original PUD: Approval April 8, 1977 PUD Ordinance 77 -18 As Amended by: Ord. 80 -61 Ord. 83-48 Ord. 80 -109 Ord. 86-42 Ord. 81 -16 Ord. 88 -62 Ord. 81 -50 Ord. 89 -35 (Sub. dev.) Ord. 82 -96 Ord. 90 -66 Ord. 83-4 Ord. 93 -63 Ord. 04 Exhibit "A" Words stpask-thfoug are deleted; words underlined are added. 1 Agenda Item No. 8D September 14, 2004 Page 48 of 102 INDEX Words s tkeugh are deleted; words underlined are added. 2 PAGE LIST OF EXHIBITS ii STATEMENT OF COMPLIANCE PROPERTY OWNERSHIP & DESCRIPTION SECTION I 1 -1 PROJECT DEVELOPMENT SECTION II 2 -1 UTILITY SERVICES SECTION III 3 -1 RESIDENTIAL GROUP 1 SECTION IV 4 -1 RESIDENTIAL GROUP 2 SECTION VI 5 -1 RESIDENTIAL GROUP 3 SECTION VI 6 -1 RESIDENTIAL GROUP 4 SECTION VII 7 -1 GOLF COURSE SECTION VIII 8 -1 COMMUNITY & AREA COMMERCIAL SECTION IX 9 -1 CONSERVATION AREA SECTION X 10 -1 UTILITY AREA SECTION XI 11 -1 DEVELOPMENT COMMITMENTS SECTION XII 12 -1 Words s tkeugh are deleted; words underlined are added. 2 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K EXHIBIT L EXHIBIT M EXHIBIT N Agenda item No. 81) September 14, 2004 Page 49 of 102 LIST OF EXHIBITS Evidence of Control of Property Vicinity Map Site Map Boundary Map Topography Map Soils Map Vegetation Map Pelican Bay Improvement District Act Estimated Unit Absorption Schedule and Population Projection Internal Roadway Requirements Traffic Signal Locations Hotel Location Restrictions Height Restriction for Portions of Group 4 Agreement between Collier County Planning Commission and Westinghouse Communities of Naples, Inc. Words stpaek4lw-e� are deleted; words underlined are added. 3 Agenda Item No. 8D September 14, 2004 Page 50 of 102 STATEMENT OF COMPLIANCE The development of approximately 2104 acres of property in Sections 32 and 33, Township 48 South, Range 25 East and Sections 4, 5, 8, and 9, Township 49 South, Range 25 East, Collier County, Florida, as a Planned Unit Development to be known as PELICAN BAY will comply with the planning and development objectives of Collier County. These objectives are set forth in the Comprehensive Plan which includes the Growth Policy and Official Land Use Guide, all of which were adopted by the Board of County Commissioners on October 14, 1974. PELICAN BAY will meet the planning and development objectives for the following reasons: 1) This property is surrounded by developed property on three adjacent landward sides. 2) An arterial roadway is in existence along the project's eastern boundary. There are also roadways along the north and south boundaries of the proposed project. 3) The property is entirely within the boundaries of the Pelican Bay Improvement District which was created by the Florida Legislature for the purpose of providing water management, potable water and wastewater treatment facilities for the proposed development. 4) The proposed land use mix is compatible with the surrounding uses. 5) The project rates points in excess of the 31 points necessary to determine it to have existing community facilities and services for the residential density and permitted uses of the proposed plan and therefore is not leapfrog growth. 6) The project shall comply with the applicable zoning and subdivision regulations and all other County and State laws dealing with platting and subdividing of property at the time improvements and plat approvals are sought. Words stmelchreeg are deleted; words underlined are added. 4 Agenda item No. 8D September 14, 2004 Page 51 of 102 SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.01 INTRODUCTION AND PURPOSE It is the intent of Coral Ridge - Collier Properties, Inc. (hereinafter called "applicant" or "developer ") to establish and develop a planned unit development on approximately 2,104 acres of property located in Collier County, Florida, just north of the City limits of Naples. It is bordered on the west by the Gulf of Mexico and on the east by U.S. Highway 41 (Tamiami Trail). The northern boundary of the property is Vanderbilt Beach Road. The southern edge of the property is bounded by Seagate Drive. It is the purpose of this document to provide the required detail and data concerning the development of the property. 1.02 NAME The development will be known as PELICAN BAY. 1.03 LEGAL DESCRIPTION All that fractional part of Section 32, lying South of Vanderbilt Beach Road; and all of Section 33, lying South of Vanderbilt Beach Road and West of State Road 45 (U.S. 41); all in Township 48 South, Range 25 East, Collier County, Florida. AND ALSO, all of Section 4, lying West of State Road 45 (U.S. 41); all fractional parts of Government Lots 1 and 2, Section 5; all fractional parts of Section 8; and all of Section 9, lying West of State Road 45 (U.S. 41), excepting therefrom the South 70 feet of the Southeast 1/4, and the South 70 feet of the East 158.25 feet of the Southwest 1/4; all in Township 49 South, Range 25 East, Collier County, Florida. 1.04 TITLE TO PROPERTY The southern 500 acres of the proposed development are owned by Coral Ridge - Collier Properties, Inc. The northern 1,604 acres are under option as described in Exhibit "A ", Evidence of Control of Property. 1.05 GENERAL DESCRIPTION OF PROPERTY AREA The general location of PELICAN BAY, the current zoning classifications of surrounding properties, and nearby land developments are illustrated by Exhibit "B ", Vicinity Map. The project site contains approximately 2,104 acres of property with approximately three miles of frontage along the Gulf of Mexico. At the time of Words struck thfeeg are deleted; words underlined are added. 5 Agenda item No. 8D September 14, 2004 Page 52 of 102 this application the property was zoned GRC, RM -1 and RS -4. Certain portions along the western edge of the property were designated "Special Treatment (ST)" as shown on Exhibit "B ", Vicinity Map. 1.06 PHYSICAL DESCRIPTION Elevations within the project site range from sea level to approximately nineteen (19) feet above sea level as shown on Exhibit "E ", Topography Map. The soil types of the site are shown on Exhibit "F" Soils Map and are discussed in detail in Section 20.13.6 of the Application for Development Approval of a Development of Regional Impact. The vegetation on the site is shown on Exhibit "G ", Vegetation Map and is discussed in detail in Section 20.13.2 of the Application for Development Approval of a Development of Regional Impact. Words stmok-tlfe" are deleted; words underlined are added. 6 SECTION II PROJECT DEVELOPMENT 2.01 PURPOSE Agenda Item No, 81) September 14, 2004 Page 53 of 102 The purpose of this Section is to generally describe the project plan of the development and delineate the general conditions that will apply to the entire project. 2.02 GENERAL PLAN OF DEVELOPMENT The general plan of development of PELICAN BAY is for a planned residential community including a mixture of single and multi- family dwelling units with commercial areas, golf course, school sites, governmental facilities sites, neighborhood and community parks and protected beaches and wetlands. 2.03 GULF -FRONT LAND The applicant recognizes the importance of the availability of Gulf -front land for the use of those persons residing within the PELICAN BAY development and for use by the general population of Collier County. The applicant also recognizes the importance of setting aside large areas which are environmentally sensitive. When the applicant receives all local, state, federal or other regulatory agency development permits, including fill permits, and complete development is permitted in accordance with this ordinance as adopted, the applicant shall satisfy the requirements for Gulf -front land use for the residents of PELICAN BAY and the general Collier County population in the following ways: a. The residents of PELICAN BAY: When the above condition is met, the applicant shall file covenants on approximately 530 acres of uplands, wetlands, and open water areas, which are environmentally sensitive, including approximately one and one - quarter miles of beachfront immediately north of Clam Pass. The use of this land will be restricted by covenants for preservation, conservation and limited recreational use and this area is identified on the project development map as the area labeled "Conservation ". b. General Collier County population: When the above condition is met, the applicant shall convey approximately 36 acres, which includes three - quarters of a mile of beachfront immediately south of Clam Pass to Collier County. This conveyance will contain a covenant restricting its use for a public beach with related recreational activities and in the event that development or fill permits are modified or withdrawn at anytime during the development process without written consent agreement between the applicant and Collier County or in the event that Collier County violates Words stFiGk4hFough are deleted; words underlined are added. 7 Agenda Item No, 8D September 14, 2004 Page 54 of 102 the provisions of the covenant restricting the use of the beach for a public beach with related recreational activities, then and in either one of those events the ownership of the property shall revert to the applicant. The applicant shall reserve a minimum of two (2) acres within the southern portion of Group 4 upon which Collier County may construct a parking lot in connection with any county constructed accessway to the 36 acres of Gulf -front land. The applicant will convey two (2) acres of Group 4 properties to Collier County at the time Collier County constructs a beach accessway. When the above condition is met, the applicant shall develop, on approximately five (5) acres located at the northwest corner of PELICAN BAY adjacent to Vanderbilt Beach Road and the Gulf of Mexico, approximately 120 parking spaces and then convey the same to Collier County for public beach access purposes. The accomplishment of 2.03(a), (b) and (c) above being contingent upon the conditions of 2.03 being met, and the transfer of dwelling units from the ST areas and the placing of conservation zoning thereon being in contemplation of the conditions of 2.03 being met and the applicant being allowed to develop 98 acres of wetlands in the northwest corner of Group 4; it is specifically understood that, in the event said conditions are not met and the applicant is not allowed to develop the 98 acres or any part thereof, then to the extent that the applicant is not allowed to develop any part of the 98 acres heretofore described, it is the intent of the applicant to apply for a modification to this PUD document to allow the applicant to develop an equal amount of the Conservation area as Group 4 property. 2.04 SPECIAL TREATMENT (ST) REGULATIONS The adoption of this document shall constitute satisfaction of the "SPECIAL REGULATIONS FOR (ST) AREAS OF ENVIRONMENTAL SENSITIVITY" and the transfer of the applicant's development rights from "ST" lands to "non- ST" lands, in compliance with the applicable sections of the Zoning Ordinance of Collier County to permit development as herein described. 2.05 SITE PLAN APPROVAL When site plan approval is required by this document the following procedure shall be followed: a. A written request for site plan approval shall be submitted to the Director for approval. The request shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of this document, will not be injurious to the neighborhood or Words swaek- tlfeegh are deleted; words underlined are added. 8 Agenda Item No. 8D September 14, 2004 Page 55 of 102 to adjoining properties, or otherwise detrimental to the public welfare. Such material may include, but is not limited to the following, where applicable: 1) Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, off - street parking and off -street loading areas, refuse and service areas; and required yards and other open spaces; 2) Plans showing proposed locations for utilities hook -up- i 3) Plans for screening and buffering with references as to type, dimensions, and character; 4) Proposed landscaping and provisions for trees protected by County regulations; and 5) Proposed signs and lighting, including type, dimensions and character. 2.06 LAND USE Table 1 is a schedule of the intended land use types, with approximate acreages and total dwelling units indicated. The arrangement of these land use types is shown on Exhibit "C ", Site Plan. Variations in acreages shall be permitted at final design to accommodate topography, vegetation and other site conditions. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be submitted to and approved by the Director at the time of Master Plan approval of each development phase as required by the Collier County Subdivision Regulations. 2.07 FRACTI6NALIZATION OF TRACTS a) When Coral Ridge - Collier Properties, Inc. sells an entire tract or a building parcel (fraction of a tract) to a subsequent owner, Coral Ridge - Collier Properties, Inc. shall provide to the Director for approval or denial prior to the sale, a boundary drawing showing the tract and the building parcel therein when applicable and in the case of a residential area, the number of dwelling units of each residential group assigned to the property being sold. If approval or denial is not issued by the Director within 10 working days, the submission shall automatically be approved. Words stm& thFougl} are deleted; words underlined are added. 9 Agenda Item No. 8D September 14, 2004 Page 56 of 102 b) In the event any residential tract or building parcel is sold by any subsequent owner, as identified in Section 2.07(x), in fractional parts to other parties for development, the subsequent owner shall provide to the Director for approval or denial, prior to the sale of a fractional part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein and the number of dwelling units assigned to each of the fractional parts. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. If approval or denial is not issued by the Director within 10 working days, the submission shall automatically be approved. C) In the event a commercial tract or building parcel is sold by any subsequent owner, as identified in Section 2.07(a), in fractional parts to other parties for development, the subsequent owner shall provide to the Director for approval or denial prior to the sale of a fractional part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. If approval or denial is not issued by the Director within 10 working days, the submission shall automatically be approved. d) The developer of any tract or building parcel must submit at the time of application for a building permit, a detailed plot plan for this tract or parcel. Such plot plan shall show the proposed location of all buildings, access roads, off - street parking and off - street loading areas, refuse and service areas, required yards and other open spaces, locations for utilities hook -up, screening and buffering, signs, lighting, landscape plan, other accessory uses and structures and in residential areas, the distribution of dwelling units among the proposed structures. 2.08 RESIDENTIAL The information hereinafter provided identifies each residential group; the total acreage per group and the total dwelling units per group. a) Group 1 parcels have a total of 278 acres. A maximum of 600 dwelling units will be placed on Group 1 parcels in accordance with Section 4, except as provided in Section 2.10. b) Group 2 parcels include 390 acres. A maximum of 2314 dwelling units will be placed on Group 2 parcels in accordance with Section 5, except as provided in Section 2.10. c) Group 3 parcels include 116 acres. A maximum of 1686 dwelling units will be placed on Group 3 parcels in accordance with Section 6, except as provided in Section 2.10. Words stmek tlfaugk are deleted; words underlined are added. 10 Agenda Item No, 8D September 14, 2004 Page 57 of 102 d) Group 4 parcels include 343 acres. A maximum of 4OW 3200 dwelling units will be placed on Group 4 parcels in accordance with Section 7, except as provided in Section 2.10. Words stmek thfoug are deleted; words underlined are added. 11 Agenda Item No. 8D September 14, 2004 Page 58 of 102 TABLE 1 PELICAN BAY LAND USE SCHEDULE MAXIMUM APPROXIMATE SQUARE FEET MAXIMUM LAND USE TYPE ACREAGE GROSS BLDG. AREA NO OFD U RESIDENTIAL Group 1 278 600 Group 2 390 2314 Group 3 116 1686 Group 4 343 49A8 3200 COMMERCIAL Area (South) 48.7 Community (North) 50.2 Total 98.9* *not including public roads and lakes PUBLIC FACILITIES Utility 19 Schools 45 Major Public Roads 112 Government Admin. /Community Park 20 OPEN SPACE & RECREATION Conservation Area 570 Golf Course, Tennis Club & Golf Club 171 Neighborhood Parks 20 Philharmonic Hall 6.5 -Me 1,095,000 (also included in Group 2) (also included in Group 2) (also included in Residential areas) TOTAL 2,104 Acres Words stpaek4h%ugh are deleted; words underlined are added. 12 7800 Agenda Item No, 8D September 14, 2004 Page 59 of 102 2.09 PROJECT DENSITY The total acreage of the PELICAN BAY property is approximately 2,104 acres. The maximum number of dwelling units to be built on the total acreage is 7800. The number of dwelling units per gross acre is approximately 3.7. The density on individual parcels of land throughout the project will vary according to the type of housing placed on each parcel of land. 2.10 PERMITTED VARIATIONS OF DWELLING UNITS Each tract shall be permitted to be developed with the maximum number of dwelling units as assigned by Sections 2.06 and 2.08 provided that the applicant may increase the maximums by not more than 10 %; and provided further that the total dwelling units for the entire project shall not exceed 7800. The Director shall be notified in accordance with Section 2.07 of such an increase and resulting reduction in another tract so that the dwelling units will be balanced at 7800. 2.11 DEVELOPMENT SEQUENCE AND SCHEDULING The applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated 28 to 34 year time period, any projection of project development can be no more than an estimate based on current marketing studies. The estimate may of course, change depending upon future economic factors. Exhibit "I" indicates, by year, the estimated absorption of units (by unit type) and the approximate population of the project (assuming full occupancy) for the estimated 28 -34 year development period. 2.12 RECREATIONAL FACILITIES SCHEDULE The applicant shall cause the following recreational facilities to be constructed subject to obtaining all permits. The schedule for development of these facilities relates to the issuance of building permits according to the following table. Non- compliance with this schedule will result in withholding of additional permits until compliance is achieved. BUILDING PERMITS FOR NOT MORE: FACILITY OR SITE 400 Units 700 Units 1600 Units Golf Course 9 holes 9 holes Clubhouse* X Canoe Launch/Canoe Dock ** X Boardwalk X Nature Trail X Neighborhood Parks ** Government Administration Site /Community Park Site * ** Clubhouse for golf — 5,000 square feet minimum. Words stmek thfexgl3 are deleted; words underlined are added. 13 Agenda Item No, 8D September 14, 2004 Page 60 of 102 * * Neighborhood parks to be improved, dedicated and conveyed to the Pelican Bay of Naples Foundation, Inc. pursuant to Section 12.05A below. Canoe launch/canoe dock is included as part of the neighborhood parks. * * * Government administration site /community park site to be improved, dedicated and conveyed to Collier County pursuant to 12.04B below. 2.13 AMENDMENT OF ORDINANCE Both the County and developer, with knowledge that the long range development plan permitted by the ordinance will not be complete for a period of 28 to 34 years, recognize that exceptions, variances, or amendments to this ordinance may be necessary in the future. Obviously, there may be changes in Pplanning techniques, engineering techniques, transportation methods, and other factors that would warrant this ordinance being amended to meet standards of the time. All petitions or requests for exceptions, variances and amendments shall conform with the procedures existing at the time of the application for the exception or amendments. 2.14 TREE REMOVAL - All clearing, grading, earthwork, and site drainage work shall be performed in accordance with the approved PUD site plan and all applicable codes. Prior to any such removal, a site clearing plan must be submitted to the Director for review and approval to insure that said removal shall be carried out under proper FORESTRY MANAGEMENT PRINCIPALS. Protected trees shall be flagged, clearly marked and/or fenced during periods of construction so as to eliminate or minimize their damage. 2.15 DEFINITIONS For the purposes of this Planned Unit Development Document: (1) "Recreational Club" means an association established to specifically provide for the conduct of leisure activities, sports activities, hobbies, or games, as well as related activities including but not limited to food service, alcoholic and non - alcoholic beverage sales, locker room and shower facilities, workshops and meeting facilities which further the enjoyment, entertainment, relaxation, and comfort of those persons which the club is intended to serve. Words s4w44hFeugh are deleted; words underlined are added. 14 Agenda Item No. 8D September 14, 2004 Page 61 of 102 (2) "Hotel or Motel Unit" means a unit designed for transient occupancy and utilized for rental to transients. A hotel or motel unit may have cooking or eating facilities. A hotel or motel unit shall contain bathing and sanitary facilities. All other definitions shall be as contained in the Zoning Ordinance of Collier County. 2.16 In addition to signage permitted under the provisions of the Pelican Bay Planned Unit Development Document, project identification signage identifying the Pelican Bay community and certain major uses (i.e., hotels, commercial areas, public facilities, recreational facilities and areas) contained within the boundaries of the Pelican Bay pPlanned uUnit Development are permitted to be located at: A. The intersection of U.S. 41 and Vanderbilt Beach Road, and B. The intersection of U.S. 41 and Seagate Drive, and C. Major roadway and street entrances to Pelican Bay from surrounding roads: 1. Along U.S. 41: at no more than three (3) major entrances; 2. Along Seagate Drive: at no more than one (1) major entrance; 3. Along Vanderbilt Beach Road: at no more than one (1) major entrance;_ D. Sign Development Standards: These signs replace any signage permitted by the Zoning Ordinance at these locations. 2. The following locations are not included in the locations referenced in C. above: The southeast corner of the intersection of U.S. 41 and the southernmost part of Pelican Bay Boulevard; Laurel Oak Drive and U.S. 41; the west side of the inter - section of Seagate Drive and West Boulevard. 3. All such signage shall be a principal permitted use in all land use categories within the boundaries of the Pelican Bay Planned Unit Development and shall not be deemed or considered to be off -site signage. Words feu are deleted; words underlined are added. 15 Agenda Item No. &D September 14, 2004 Page 62 of 102 4. Project identification signage at the intersections referenced in A. and B. above herein shall not exceed 250 square feet in the aggregate per intersection, and project identification signage at the entrance locations referenced in C. shall not exceed 100 square feet in the aggregate per entrance. No individual sign shall have height greater than twelve (12) feet. 5. No more than two (2) structures containing signage shall be permitted at each such location, and major uses identified in addition to the Pelican Bay community shall not exceed a total of four (4) in number at each such location. No sign shall be located greater than fifty (50) feet from any other project identification signage at said locations. 6. Project identification signage at the locations referenced in A. and B. above shall be located within an area defined by a triangle, two sides of which shall be 100 feet along adjoining roadways. 7. Every effort shall be made to remove as little as possible of protected plant species. All provisions of the Tree Removal Ordinance (Ordinance 75 -21 and any future amendments) shall be met. 8. Should any of the signs be requested to be placed within public right -of -way, a right -of -way permit must be applied for and approved. 9. All signs shall be located so as not to cause sight distance problems. 10. All signs shall require sign permits and other applicable permits prior to construction and/or erection. Words stFurk thFexg are deleted; words underlined are added. 16 SECTION III UTILITY SERVICES TO PELICAN BAY 3.01 GENERAL Agenda Item No. 8D September 14, 2004 Page 63 of 102 The Pelican Bay Improvement District was created by action of the Florida Legislature in 1974. The specific law creating the district is Chapter 74-462 of the Florida Statutes. The district is a political subdivision of the State of Florida- charged with the specific responsibility to design, finance, build, operate, and maintain (1) sewerage system (2) potable water system (3) surface water management and control system. The law provided for a Board of Supervisors of the Pelican Bay Improvement District to carry out the duties delegated to it. The law established the original five members of the Board of Supervisors as appointed by the Collier County Commission. Those individuals will hold office until there is an election among the qualified electors of the District to determine membership on the Board of Supervisors. The Board of Supervisors, in order to carry out the duties and responsibilities assigned to it, was granted certain powers and authorities by the Legislature. Specifically, the district, through the Board of Supervisors can enter into contracts; borrow money; issue bonds; assess lands for special taxes; provide special user assessments; own and acquire interests in land; employ professionals and other necessary persons to carry out the duties; and, if necessary bring legal actions. The Legislature of the State of Florida specifically expressed that the purpose of the district was to "facilitate development" of utility services. A copy of the Pelican Bay Improvement District Act, Chapter 74 -462 of the Florida Statutes, is attached hereto as Exhibit "H ". a) Water Supply and Treatment Facilities The Pelican Bay Improvement District is charged with the responsibility of providing a water system for the PELICAN BAY project. b) Sewerage Treatment Facilities The Pelican Bay Improvement District is charged with the responsibility of providing a sewerage system for the PELICAN BAY project. C) Water Management Control Facilities The Pelican Bay Improvement District is charged with the responsibility of providing water management and control. Words stmslchreegl3 are deleted; words underlined are added. 17 Agenda Item No. 8D September 14, 2004 Page 64 of 102 3.02 SOLID WASTE COLLECTION Solid waste collection for the PELICAN BAY project will be handled by the company holding the franchise for solid waste collection for the c-County. 3.03 ELECTRIC POWER SERVICE Florida Power and Light Company will provide electric service to the entire project. 3.04 TELEPHONE SERVICE Telephone service will be supplied to the PELICAN BAY project by United Telephone Company of Florida. 3.05 TELEVISION CABLE SERVICE The PELICAN BAY project falls within the franchise areas of two television cable companies. Those companies are the South Florida Cable Television Corporation of Bonita Springs and the Radio Television Centre of Naples. 3.06 EASEMENTS FOR UNDERGROUND UTILITIES On -Site utilities such as telephone, electric power, TV cable service, wastewater collection, water distribution, etc. shall be installed underground. Except that electrical feeder lines serving commercial and other high use areas, water pumping stations, lift stations, transformer banks, etc. shall be permitted above ground. Easements shall be provided for all utility purposes in areas that must be cleared for utility construction, a special effort shall be made to protect the maximum number of trees. Said easements and improvements shall be done in accordance with the subdivision regulations. Words stmek thFeegl3 are deleted; words underlined are added. 18 SECTION IV GROUP 1 4.01 PURPOSE Agenda Item No. 8D September 34, 2004 Page 65 of 102 The purpose of this Section is to set forth the regulations for the area designated on Exhibit "C ", Site Plan, and Table 1 as Group 1 parcels. 4.02 MAXIMUM DWELLING UNITS A maximum number of 600 dwelling units may be constructed in all of the Group I parcels combined except as permitted by Section 2.10. 4.03 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1) Single- family detached dwellings. 2) Attached single - family units as combinations of up to and including three (3) single - family attached units per structure. 3) Parks, playgrounds, playfields and commonly owned open space. 4) Water management facilities. B. Permitted Principal Uses and Structures Requiring Site Plan Approval 1) Non - commercial boat launching facilities, and multiple docking areas not to exceed one per dwelling unit. 2) Recreational clubs, golf courses, practice driving range and other customary accessory uses related to golf courses, intended to serve the surrounding residential area. 3) Churches, schools, and child care centers when accessory to the church or school. Words stmt are deleted; words underlined are added. 19 C. Permitted Accessory Uses and Structures 1) 2) 3) 4) Agenda Item No, 8D September 14, 2004 Page 66 of 102 Private boat docks with or without boat hoists, on water front lots, not protruding more than five (5) feet into the water., except if such waterbody has a width one hundred (100) feet or more, the dock may protrude not more than twenty (20) feet into such waterbody, providing, however that no boat is used as a residence. Customary accessory uses and structures, including private garages. Signs as permitted by the Zoning Ordinance of Collier County. Model homes shall be permitted in conjunction with the promotion of the development. Such model homes shall be permitted for a period of two (2) years from the initial use as a model. The Director may authorize the extension of such use upon written request and justification. 4.04 REGULATIONS 4.04.01 4.04.02 4.04.03 4.04.04 GENERAL: All yards, set - backs, etc. shall be in relation to the individual parcel boundaries. MINIMUM LOT AREA: 10,000 square feet. MINIMUM LOT WIDTH: A. Corner Lots — Ninety -five (95) feet as measured at the front yard setback line. B. Interior Lots — Eighty (80) feet as measured at the front yard setback line. MINIMUM YARDS: A. Front Yard — 30 feet. B. Side Yard — 7 1/2 feet one story, 10 feet for two stories. C. Rear Yard — 25 feet except that for screen enclosures the rear yard may be reduced to 15 feet. Words stmek g13 are deleted; words underlined are added. 20 Agenda Item No. 8D September 14, 2004 Page 67 of 102 D. All yards abutting a street shall be front yards. Four -sided corner lots shall have two front and two side yards. Five or more sided comer lots shall have two front, two sides and remaining yards shall be rear yards, with the rear yards being those farthest from the abutting streets. 4.04.05 REDUCTION OF MINIMUM LOT WIDTH, AREA AND YARDS: In the case of clustered buildings with common architectural theme, the requirements of Sections 4.04.02, 4.04.03 and 4.04.04 may be less provided that a site plan is approved in accordance with Section 2.05. 4.04.06 MINIMUM FLOOR AREA: A. One story — 1,000 square feet. B. Two story — 1,200 square feet. 4.04.07 OFF - STREET PARKING REQUIREMENTS: One parking space shall be required for each dwelling unit and such space shall be located within the building setback line. For uses other than dwelling units, parking shall be provided in accordance with the Zoning Ordinance of Collier County. 4.04.08 MAXIMUM HEIGHT: Thirty (30) feet above finished grade of lot. Accessory buildings limited to twenty (20) feet above finished grade of lot. Words stmt are deleted; words underlined are added. 21 SECTION V GROUP 2 5.01 PURPOSE Agenda Item No. 8D September 14, 2004 Page 68 of 102 The purpose of this Section is to set forth the regulations for areas designated on Exhibit "C ", Site Plan, and Table 1 as Group 2 parcels. 5.02 MAXIMUM DWELLING UNITS A maximum number of 2314 dwelling units may be constructed in all of the Group 2 parcels except as permitted by Section 2.10. 5.03 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses: 1) Single family units are permitted as individual structures or as combinations up to and including six (6) single family attached units per structure. Such unit types as single family attached, duplex, patio, cluster attached, cluster detached, villa attached, villas detached and zero lot lines are permitted. 2) Multi - family residential units including garden apartments. 3) Parks, playgrounds, playfields and commonly owned open space. 4) Water management facilities. B. Principal Uses Requiring Site Plan Approval: 1) Non - commercial boat launching facilities and multiple docking areas. 2) Recreational clubs, golf courses, practice driving range and other customary accessory uses related to golf courses, intended to serve the surrounding residential area. 3) Churches, schools, child care center, and governmental administration buildings. Words stfuek threeg# are deleted; words underlined are added. 22 Agenda Item No, 8D September 14, 2004 Page 69 of 102 4) Convalescent homes, rest homes, homes for the aged, adult foster homes, children's homes, rehabilitation centers and licensed skilled nursing facilities; each unit shall count as one -third (1/3) of a dwelling unit in accounting for the dwelling units assigned in 5.02 above. C. Permitted Accessory Uses and Structures: 1) Private boat docks with or without boat hoists, on waterfront lots, not protruding more than five (5) feet into the water; except if such waterbody has a width of one hundred (100) feet or more, the dock may protrude not more than twenty (20) feet into such waterbody, providing, however, that no boat is used as a residence. 2) Customary accessory uses and structures, including private garages. 3) Signs as permitted by the Zoning Ordinance of Collier County. 4) Model homes shall be permitted in conjunction with the promotion of the development. Such model homes shall be permitted for a period of two (2) years form the initial use as a model. The Director may authorize the extension of such use upon written request and justification. 5.04 REGULATIONS 5.04.01 MINIMUM LOT AREA: A minimum area of 2600 square feet per dwelling unit shall be provided in some combination of individual lots and contiguous common open space, excluding private and public roads. 5.04.02 MINIMUM LOT WIDTH: A. Minimum individual lot (envelope) width for each dwelling unit related to a structure containing at least two (2), but not more than six (6) dwelling units shall not be less than twenty (20) feet measured between the side lot lines at the required front setback. B. Minimum individual lot width for a single detached unit structure shall not be less than forty-five (45) feet measured between the side lot lines at the required front setback line. Words stmek thFeug13 are deleted; words underlined are added. 23 Agenda Item No. 8D September 14, 2004 Page 70 of 102 5.04.03 MINIMUM YARDS: A. From tract boundary lines, right -of -way lines and/or the edge of the gutter of a private road, twenty -five (25) feet. B. Distance between structures: 1) Between any two principal structures there shall be a combined minimum yard of 1/2 the sum of their heights but not less than twenty (20) feet. 2) Between any two accessory uses there shall be a combined minimum yard of twenty (20) feet. C. In the case of clustered buildings with a common architectural theme, these distances may be less, provided that a site plan is approved in accordance with Section 2:05. 5.04.04 MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES: A. Three (3) stores above the finished grade of lot. In order to comply with the minimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum base flood elevation required by the Flood Elevation Ordinance. B. Accessory structures shall be no higher than twenty (20) feet above the finished grade of the lot. 5.04.05 MINIMUM FLOOR AREA: Those principal use structures which are identified in Section 5.03.A. shall be as follows: One (1) story structures shall not contain less than eight hundred (800) square feet and two (2) story structures shall not contain less than twelve hundred (1200) square feet. Words stPdGk4hFetgh are deleted; words underlined are added. 24 Agenda Item No. 8D September 14, 2004 Page 71 of 102 5.04.06 OFF - STREET PARKING: Those principal use structures which are identified in Section 5.03.A. shall contain a minimum of two (2) spaces per dwelling unit. The Director may permit a lesser number of parking spaces to be paved when circumstances indicate infrequent use. However, those unpaved spaces shall be grassed and reserved for future paving. For uses other than dwelling units, parking shall be provided in accordance with the Zoning Ordinance of Collier County. 5.04.07 OFF - STREET PARKING LANDSCAPING: Landscaping shall be provided as required by the Zoning Ordinance of Collier County. 5.04.08 REZONED NEIGHBORHOOD COMMERCIAL_ Additional stipulations in regard to those Group 2 lands rezoned from Neighborhood Commercial are contained in Exhibit "N ". Words stmrk Aeug = are deleted; words underlined are added. 25 SECTION VI GROUP 3 6.01 PURPOSE Agenda Item No. 8D September 14, 2004 Page 72 of 102 The purpose of this Section is to set forth the regulations for the area designated on Exhibit "C ", Site Plan and Table 1 as Group 3 parcels. 6.02 MAXIMUM DWELLING UNITS A maximum number of 1686 dwelling units may be constructed in all of the Group 3 parcels combined except as permitted by Section 2.10. 6.03 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or part, for other than the following: A. Principal Uses: 1) Multi- family residential units including garden apartments. 2) Those uses permitted in Group 2 when developed in accordance with Section 5.04. 3) Parks, playgrounds, playfields and commonly owned open space. 4) Water management facilities. B. Principal Uses Requiring Site Plan Approval: 1) Non - commercial boat launching facilities and multiple docking areas. 2) Recreational clubs, golf courses, practice driving range and other customary accessory uses related to golf courses, intended to serve the surrounding residential area. 3) Churches, schools, and child care centers. 4) Convalescent homes, rest homes, homes for the aged, adult foster homes, children's homes, rehabilitation centers and licensed skilled nursing facilities; each unit shall count as one -third (1/3) of a dwelling units unit in accounting for the dwelling units assigned in 6.02 above. Words strvok4hFough are deleted; words underlined are added. 26 Agenda Item No. 8D September 14, 2004 Page 73 of 102 C. Permitted Accessory Uses and Structures: 1) Private boat docks with or without boat hoists, on waterfront lots, not protruding more than five (5) feet into the water; except is such waterbody has a width of one hundred (100) feet or more, the dock may protrude not more than twenty (20) feet into such waterbody, providing, however, that no boat is used as a residence. 2) Customary accessory uses and structures, including private garages. 3) Signs as permitted by the Zoning Ordinance of Collier County. 4) Model homes shall be permitted in conjunction with the promotion of the development. Such model homes shall be permitted for a period of two (2) years from the initial use as a model. The Director may authorize the extension of such use upon written request and justification. 6.04 REGULATIONS 6.04.01 MINIMUM LOT AREA: One (1) net acre. 6.04.02 MINIMUM LOT WIDTH: 150 feet as measured at the front yard setback line. 6.04.03 MINIMUM YARDS: A. From tract boundary lines, right -of -way lines and/or from the edge of the gutter of a private road, thirty-five (35) feet or one -half (1/2) the height of the structures, whichever is greater. B. Distance Between Structures 1) Between any two principal structures — one -half (1/2) the sum of their heights but not less than thirty (30) feet. 2) Between any two accessory uses — one -half (1 /2) the sum of their heights but not less then twenty (20) feet. Words stpaslc thFeagla are deleted; words underlined are added. 27 Agenda Item No. 8D September 14, 2004 Page 74 of 102 C. In the case of clustered buildings with a common architectural theme, these distances may be less, provided that a site plan is approved in accordance with Section 2.05. 6.04.04 MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES: A. Four (4) stories above the finished grade with option of having one (1) floor of parking beneath the allowable four (4) stories. B. Accessory structures shall be limited to a maximum of twenty (20) feet above finished grade of the lot. 6.04.05 MINIMUM LIVING AREA OF PRINCIPAL STRUCTURES: Those principal use structures which are identified in Section 6.03.A. shall contain a minimum of seven hundred and fifty (750) gross square feet of living area per dwelling unit within principal structure. 6.04.06 OFF - STREET PARKING: Those principal use structures which are identified in Section 6.03.A shall contain a minimum 1.5 parking spaces per dwelling unit. The Director may permit a lessor number of parking spaces to be paved when circumstances indicate infrequent use. However, those unpaved spaces shall be grassed and reserved for future paving. For uses other than dwelling units, parking shall be provided in accordance with the Zoning Ordinance of Collier County. 6.04.07 OFF - STREET PARKING LANDSCAPING: Landscaping shall be provided as required by the Zoning Ordinance of Collier County. Words atmek4hFeugh are deleted; words underlined are added. 28 SECTION VII GROUP 4 7.01 PURPOSE Agenda Item No. 8D September 14, 2004 Page 75 of 102 The purpose of this Section is to set forth the regulations for the areas designated on Exhibit "C ", Site Plan, and Table 1 as Group 4. 7.02 MAXIMUM DWELLING UNITS A maximum number of 4000 3200 dwelling units may be constructed in all of the Group 4 parcels combined except as permitted by Section 2.10. 7.03 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or part, for other than the following: A. Principal Uses: 1) Multi- family residential buildings. 2) Those uses permitted in Group 2 when developed in accordance with Section 5.04. 3) Those uses permitted in Group 3 when developed in accordance with Section 6.04. 4) Parks, playgrounds, playfields and commonly owned open space. 5) Water management facilities. 6) Existing non - commercial plant nursery. Principal Uses Requiring Site Plan Approval: 1) Recreational clubs, golf courses, practice driving range and other customary accessory uses related to golf courses, intended to serve the surrounding residential area. 2) Churches, schools and child care centers. 3) Civic and cultural facilities. Words su%slE4reu0 are deleted; words underlined are added. 29 Agenda Item No, 8D September 14, 2004 Page 76 of 102 4) Hotels and motels, except in those areas identified as "no hotels permitted" on Exhibit "L ", maximum of 1336 units. Each hotel or motel unit shall count as one -third (1/3) of a dwelling unit in accounting for the dwelling units assigned in 7.02 above. 5) Private clubs intended to serve the residents of PELICAN BAY. 6) Convalescent homes, rest homes, homes for the aged, adult foster homes, children's homes, rehabilitation centers and licensed skilled nursing facilities; each unit shall count as one -third (1/3) of a dwelling unit in accounting for the dwelling units assigned in 7.02 above. B. Permitted Accessory Uses and Structures: 1) Private boat docks, with or without boat hoists, on waterfront lots, not protruding more than five (5) feet into the water; except if such waterbody has a width of one hundred (100) feet or more, the dock may protrude not more than twenty (20) feet into such waterbody, providing, however, that no boat is used as a residence. 2) Non - commercial boat launching facilities and multiple docking areas. 3) Customary accessory uses and structures, including private garages. 4) Signs as permitted by the Zoning Ordinance of Collier County. 5) Model dwelling units shall be permitted in conjunction with the promotion of the development. Such model units shall be permitted for a period of two (2) years from the initial use as a model. The Director may authorize the extension of such use upon written request and justification. 6) For a one (1) year period beginning with the effective approval date of this the August 21, 1990 amendments, tents shall be permitted in conjunction with hotels or motels, providing the following standards shall be met: (a) The tent shall be on the same site as the hotel or motel. (b) Tents permitted under this section shall be used only for meetings, banquets, and similar "event type" social functions. Words stfuek threu are deleted; words underlined are added. 30 Agenda Item No. 8D September 14, 2004 Page 77 of 102 (c) Site plan approval shall be obtained in accordance with Section 10.5 of the Zoning Ordinance. (d) Tents shall be located so that they are not visible from a public street. A landscape screen which has the effect of totally blocking the view of said tent from a public street shall be deemed acceptable. (e) Where a tent is to be erected under this section so that it could be viewed from an adjacent residential area then said view vista shall be in accordance with Section 8.37 b of the Zoning Ordinance and as a function of a Section 10.5 review and approval. (f) No tent erected under this section shall be located closer than 100 feet to any public street and 200 feet to any residentially zoned or used property. (g) No noise transmission from said tent permitted under this section shall exceed the specifications set forth in the Collier County Noise Control Ordinance 90 -17, as amended. (h) Any existing tents will be removed at the owner's expense prior to the expiration of the one (1) year period defined in paragraph C(6). (i) The minimum size tent structure that may be erected under this section is 3,000 square feet. (j) Tent structures erected under this section shall pay all applicable impact fees as prescribed by the appropriate County ordinance at the time of an approval of a final Site Development Plan as provided by Subparagraph ( c ) above. Said impact fees are non - refundable upon the removal of the tent following the one year period of authorization, however if building permits are issued for a permanent building to replace said tent structure within one year following the removal of the tent, a credit against the impact fees and/or system development charges payable for the permanent building, up to the amount of the charges paid for the tent shall be given. Words stmek-th�-eug# are deleted; words underlined are added. 31 Agenda Item No, 8D September 14, 2004 Page 78 of 102 (k) Tent erected from this section shall be clear -span frame structures and not traditional pole tents, designed and engineered for long -term installation. Tents shall be designed for wind loads of 70 mph wind speed, exposure B, UBC 1985. Appropriate specifications and technical information to demonstrate compliance with these standards shall be submitted with the application for site plan review. 7.04 REGULATIONS 7.04.01 MINIMUM LOT AREA: One (1) net acre. 7.04.02 MINIMUM LOT WIDTH: 150 feet as measured at the front yard setback line. 7.04.03 MINIMUM YARDS: A. From tract or development parcel lines, right -of -way lines and/or the edge of the gutter of a private road, fifty (50) feet or one -half (1/2) the height of the structure, whichever is greater except that detached accessory structures shall be set back twenty (20) feet or one -half (1/2) of the height, whichever is greater. B. Distance between structures — 1) Between any principal structures — one -half (1/2) the sum of their heights but not less than fifty (50) feet. 2) Between any two accessory uses — one -half (1/2) the sum of their heights but not less than thirty (30) feet. C. In the case of clustered buildings with a common architectural theme, these distances may be less provided that a site plan is approved in accordance with Section 2.05. Words 4paelc4lifeut4i are deleted; words underlined are added. 32 Agenda item No. 8D September 14, 2004 Page 79 of 102 7.04.04 MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES: A. Principal structures: Two hundred (200) feet above finished grade of the lot, except in those areas so identified on Exhibit "M ", there shall be a maximum height of five (5) stories above one (1) floor of parking. B. Accessory structures shall be limited to a maximum of twenty-five (25) feet above finished grade of lot except for roof top recreation facilities. 7.04.05 MINIMUM LIVING AREA OF PRINCIPAL STRUCTURES: A. Those principal use structures which are identified in Section 7.03.A. shall contain a minimum of seven hundred and fifty (750) gross square feet of living area per dwelling unit within principal structure. B. The minimum living area of any hotel or motel unit permitted under Section 7.033 shall be three hundred (300) square feet. There shall be no maximum square footage. 7.04.06 OFF - STREET PARKING: Those principal use structures which are identified in Section 7.03.A shall contain a minimum of 1.5 parking spaces per dwelling unit. The Director may permit a lesser number of parking spaces to be paved when circumstances indicated infrequent use. However, those unpaved spaces shall be grassed and reserved for future paving. For uses other than dwelling units, parking shall be provided in accordance with the Zoning Ordinance of Collier County. 7.04.07 OFF - STREET PARKING LANDSCAPING: Landscaping shall be provided as required by the Zoning Ordinance of Collier County. Words slfuek thfoug are deleted; words underlined are added. 33 SECTION VIII GOLF COURSE 8.01 PURPOSE Agenda item No. 8D September 14, 2004 Page 80 of 102 The purpose of this Section is to set forth the regulations for the area designated on Exhibit "C ", Site Plan, as Golf Course. 8.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1) Golf Course 2) Golf Clubhouse 3) Tennis Courts 4) Tennis Clubhouses 5) Transient lodging facilities not to exceed 25 units. 6) Water management facilities. B. Permitted Accessory Uses and Structures 1) Pro -shop, practice driving range and other customary accessory uses of golf courses, tennis clubs or other recreational facilities. 2) Small commercial establishments, including gift shops, golf & and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course or tennis club or other permitted recreational facilities, subject to the provisions of the Zoning Ordinance of Collier County. 3) Shuffleboard courts, swimming pools, and other types of facilities intended for recreation. 4) Signs as permitted in the Zoning Ordinance of Collier County. °- 5) Maintenance shops and equipment storage. Words susk44eegl3 are deleted; words underlined are added. 34 Agenda item No. 8D September 14, 2004 Page 81 of 102 6) Non - Commercial Plant Nursery. 8.03 PLAN APPROVAL REQUIREMENTS Plans for all principal and all accessory uses shall be submitted to the Director who will review these plans and approve their construction. All construction shall be in accordance with the approved plans and specifications. The perimeter boundary of the overall golf course tract shall be recorded in the same manner as a subdivision plat. A. General Requirements: 1) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. 2) Buildings shall be set back a minimum of fifty (50) feet from abutting residential districts and the set -back area shall be landscaped and maintained to act as a buffer zone. 3) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 4) A site plan shall be provided showing pertinent structure locations and landscaping. 8.04 MAXIMUM HEIGHT Thirty -five (35) feet above the finished grade of the lot within 150 feet of any district restricted to thirty (30) feet or less in height, and forty-five (45) feet elsewhere within the district. 8.05 MINIMUM OFF - STREET PARKING As required by the Zoning Ordinance of Collier County. 8.06 OFF - STREET PARKING LANDSCAPING Landscaping shall be provided as required by the Zoning Ordinance of Collier County. Words feu are deleted; words underlined are added. 35 SECTION IX COMMUNITY AND AREA COMMERCIAL 9.01 PURPOSE Agenda Item No. 8D September 14, 2004 Page 82 of 102 The purpose of this Section is to set forth the plan and regulations for the areas designated on Exhibit "C ", Site Plan, as Community Commercial and Area Commercial. 9.02 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses 1) Antique shops 2) Appliance stores 3) Art studios 4) Art supply shops 5) Automobile parts store 6) Automobile service stations without repairs in accordance with the applicable zoning regulations. 7) Awning shops 8) Bakery shops 9) Banks and financial institutions 10) Barber and beauty shops 11) Bath supply stores 12) Bicycle sales and services 13) Blueprint shops 14) Bookbinders 15) Book stores 16) Business machine service 17) Car wash 18) Carpet sales — not including storage or installation 19) Child care center subject to site plan approval 20) Churches and other places of worship subject to site plan approval 21) Clothing stores 22) Cocktail lounges 23) Commercial recreation uses 24) Commercial schools 25) Confectionery and candy stores 26) Delicatessens 27) Department Stores Words stmek thfeug13 are deleted; words underlined are added. 36 Agenda Item No. 8D September 14, 2004 Page 83 of 102 28) Drug stores 29) Dry cleaning shops 30) Dry goods stores 31) Electrical supply stores 32) Florist shops 33) Fraternal and social clubs, alcoholic beverages subject to provisions of the Zoning Ordinance. 34) FuneralIhome 35) Furniture stores 36) Furrier shops 37) Garden supply stores — outside display in rear 38) General offices 39) Gift shops 40) Glass and mirror sales — not including installation 41) Gourmet shop 42) Hardware stores 43) Hat cleaning & and blocking 44) Health food stores 45) Hobby supply stores 46) Hospitals 47) Hotels 48) Ice cream stores 49) Interior decorating showrooms and offices 50) Jewelry stores 51) Laboratories — film, research and testing 52) Laundries, self - service only 53) Leather goods 54) Legitimate theaters 55) Liquor stores 56) Locksmith 57) Market, food 58) Market, meat 59) Medical clinics 60) Millinery Shops 61) Motels 62) Motion picture theaters not including drive -ins 63) Museums 64) Music stores 65) New car dealerships — outside display permitted 66) News stores 67) Office supply stores 68) Paint and wallpaper stores 69) Pet shops 70) Pet supply shops 71) Photographic equipment stores 72) Pottery stores Words sifue1ELhFeug are deleted; words underlined are added. 37 73) 74) 75) 76) 77) 78) 79) 80) 81) 82) 83) 84) 85) 86) 87) 88) 89) 90) 91) 92) 93) 94) 95) 96) 97) 98) 99) 100) 102) 101 4" 102 1" 103 104-)104) Printing, publishing and mimeograph service Private club, alcoholic beverages subject to Zoning Ordinance Professional offices Radio and television sales and service Research and design labs Agenda item No. 8D September 14, 2004 Page 84 of 102 the provisions of the Residential dwelling units in accordance with Section 7.04 and requiring Site Plan approval, provided that the total number of dwelling units within the PELICAN BAY project area does not exceed 9609 7800 dwelling units. Rest homes and sanatoriums Restaurants, not including drive -ins Shoe repair Shoe stores Shopping centers Souvenir stores Stationery stores Supermarkets Tailor shops Taxidermists Tile sales — ceramic tile Tobacco Sshops Toy shops Tropical fish stores Variety stores Vehicle rental — automobiles only Veterinarian offices and clinics — no outside kenneling Watch and precision instrument repair shops Drapery shops Upholstery shops Bait and tackle shops Fire stations Water management facilities; Parks, playgrounds, playfields and commonly owned open space; Government administration facilities such as a fire station, library, sheriffs substation, branch courthouse offices, auditorium, etc. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Director determines to be compatible in the district. B. Permitted Accessory Uses and Structures 1:1 Accessory uses and structures customarily associated with the uses permitted in this district. 2 71 Signs as permitted by the Zoning Ordinance. Words stpao*44ough are deleted; words underlined are added. 38 Agenda Item No. 8D September 14, 2004 Page 85 of 102 9.03 MINIMUM LOT AREA None 9.04 MINIMUM LOT WIDTH None 9.05 MINIMUM YARD REQUIREMENTS Buildings shall be set back a minimum of fifty (50) feet plus one (1) foot for each two (2) feet of building height above fifty (50) feet from all parcel boundaries except that buildings shall be permitted over -water in the lake areas, subject to Site Plan approval in accordance with Section 2.05. 9.06 BUILDING SEPARATION All buildings shall be separated fifty (50) feet or '/z the sum of their heights whichever is greater except that in the case of clustered buildings with a common architectural theme these distances may be less provided that a site plan is approved in accordance with Section 2.05. 9.07 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE A. 1000 square feet per building on the ground floor except that free standing specialty structures of nationally recognized standard size less than 1000 square feet shall be permitted when site plan approval has been received. B. The minimum living area of any hotel or motel unit permitted under Section 10.02 A. (47) and (61) shall be three hundred (300) square feet. There shall be no maximum square footage. 9.08 MAXIMUM HEIGHT One hundred (100) feet. 9.09 MINIMUM OFF - STREET PARKING AND OFF - STREET LOADING REQUIREMENTS As required by the Zoning Ordinance of Collier County. Words stm& dffeeg are deleted; words underlined are added. 39 Agenda Item No. 8D September 14, 2004 Page 86 of 102 9.10 MINIMUM LANDSCAPING As required by the Zoning Ordinance of Collier County. Also, a landscape buffer area along West Boulevard in accordance with Section 8.37 of the Zoning Ordinance will be required in order to buffer the visual impacts of the retail shopping center in the Area Commercial district. 9.11 LIMITATION ON SIGNS As permitted by the Zoning Ordinance of Collier County. Also, appropriate directional signage as permitted in the Zoning Ordinance directing traffic out of the retail shopping center in the Area Commercial District will be installed. 9.12 MERCHANDISE STORAGE AND DISPLAY Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited unless screened from view to a height of six (6) feet above ground level. 9.13 SITE PLAN APPROVAL Site plan approval in accordance with Section 10.5 of the Zoning Ordinance of Collier County is required for all buildings and structures. A copy of any written request for site plan approval submitted to the Director in accordance with Section 10.5 shall be provided by Westinghouse Communities of Naples, Inc. to the Pelican Bay Property Owners Association, Inc. 9.14 MAXIMUM COMMERCIAL SQUARE FOOTAGE There shall be a total authorized maximum of 1,095,000 square feet of commercial gross building area, consisting of a maximum of 43 5,088 510,000 square feet of gross building area for retail space and a maximum of 945,800 585,000 square feet of gross building area for office space, but in no event shall the combined total exceed 1,095,000 square feet of commercial gross building area. A maximum of 640,400 761,400 square feet of commercial gross building area (containing a maximum of 391 400 square feet of office and 295,000 370,000 square feet of retail) shall be constructed in the Area (South) Commercial District. A maximum of 454,600 333,600 square feet of commercial gross building area (consisting of 304,600 193,600 square feet of office and 150,,800 140,000 square feet of retail) shall be constructed in the Community (North) Commercial District. Words sUvsk-4hFeugh are deleted; words underlined are added. 40 Agenda Item No, 8D September 14, 2004 Page 87 of 102 9.15 WATERSIDE SHOPS AT PELICAN BAY'S OWNERSHIP REMAINING DEVELOPMENT RIGHTS FOR APPROVED OFFICE USE WITHIN THE COMMUNITY COMMERCIAL DISTRICT As of the date of approval of the 2004 Amendment to the Pelican Bav PUD a maximum of 41,576 square feet (gross building area) of approved development rights for commercial office use remain unbuilt and uncommitted within the Community (North) Commercial District. These development rights for office uses are owned by Waterside Shops at Pelican Bay Trust its successors or assigns, only following Waterside Shop's purchase from WCI Communities Inc of all the remaining approved development rights for commercial use located within the Community Commercial District. 9.16 ADDITIONAL STIPULATIONS FOR COMMUNTY COMMERCIAL Additional stipulations in regard to the Community Commercial parcel are contained in Exhibit "N ". Words s#,jek-thFougl3 are deleted; words underlined are added. 41 SECTION X CONSERVATION AREA 10.01 PURPOSE Agenda Item No, 8D September 14, 2004 Page 88 of 102 The purpose of this Section is to set forth the regulations for the area designated on Exhibit "C ", Site Plan, as Conservation Area. 10.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected., altered, or land or water used, in whole or in part, for other than the following: A. Principal Uses Requiring Site Plan Approval: 1. Nature trails including boardwalks. 2. Boat Ttrails. 3. Boat docks (non- commercial boat launch facilities only — no permanent docking). 4. Paths and bridges to provide access from the uplands to the beach for pedestrians and minor maintenance equipment. 5. Beach sun shelters. 6. A marine research laboratory. 7. Recreational clubs and other activities for recreation, conservation, and preservation when approved by the Director. 8. Water Mmanagement facilities. B. Permitted Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with the uses permitted in this district. 2. Signs as permitted in the 'Zoning Ordinance. Words stpae 4wough are deleted; words underlined are added. 42 Agenda Item No. 8D September 14, 2004 Page 89 of 102 10.03 CONSERVATION AREA OWNERSHIP AND MAINTENANCE A. Approximately 36 acres of the Conservation Area lying south of Clam Pass and west of Outer Clam Bay shall be conveyed to Collier County for public beach use and maintenance in accordance with Section 2.03. B. The Pelican Bay Improvement District, a non - profit property owner's association or other entity will be granted the authority and responsibility for enforcing the applicable covenants, in accordance with Section 2.03 governing the approximately 129 acres of beachfront and other uplands, 277 acres of water area, and 129 acres of wetlands. This entity will be responsible for planning, control, supervision and maintenance of this area. Words stsiek4hfeugh are deleted; words underlined are added. 43 Agenda Item No. 8D September 14, 2004 Page 90 of 102 SECTION XI UTILITY AREA 11.01 PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit "C ", Site Plan, as Utility Area. 11.02 PERMITTED USES AND STRUCTURES No Building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses: 1. Potable water treatment and distribution facilities 2. Sanitary waste water collection treatment and disposal facilities 3. Utility services equipment, storage and maintenance 4. Utility services offices 5. Lawn or golf course maintenance shops and equipment storage 6. Any other use associated with maintenance or utility services when approved by the Director 7. Water management facilities B. Permitted Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with the uses permitted in this district. 2. Signs as permitted in the -zZoning oOrdinance. 11.03 MINIMUM YARD REQUIREMENTS None Words Neagh are deleted; words underlined are added. 44 11.04 MAXIMUM HEIGHT None 11.05 MINIMUM FLOOR AREA None Words stuask tlreug are deleted; words underlined are added. 45 Agenda Item No. 8D September 14, 2004 Page 91 of 102 Agenda Item No. 8D September 14; 2004 Page 92 of 102 SECTION XII DEVELOPMENT COMMITMENTS 12.01 ENVIRONMENTAL AND NATURAL RESOURCES A. Air Quality The applicant for a construction permit for the construction of any facility that qualifies for complex air source permits under Chapter 17 -2, Florida Administrative Code, shall obtain all necessary complex air source permits prior to the issuance by Collier County of construction permits for such a facility. B. Natural Resources 1) Prior to filling the approximately 98 acres of wetlands, located in the northwest section of Group 4 properties, the applicant shall: a. Convey approximately 36 acres (containing approximately 3/4 of a mile of beachfront) to Collier County, Florida, for a public beach; and set aside by filing covenants, approximately 530 acres (containing approximately 1 -1/4 miles of beachfront) restricting in perpetuity this property for recreation, conservation and preservation purposes; and b. Obtain all necessary permits from county, state and federal agencies, including, but not limited to, giving reasonable assurance that the fill activity, development, and drainage system will not result in violation of the applicable provisions of Chapter 17 -3, Florida Administrative Code. Further, Collier County and the South Florida Water Management District (SFWMD) shall be assured that negative water quality impacts to Inner and Upper Clam Bay will not result from the fill/destruction and development of the area presently occupied by 98 acres of mangrove forest; and, C. Preserve the existing red mangrove fringe around all significant water bodies; and, d. Stake the precise interface of the red mangrove fringe prior to commencement of construction activities; and, e. Limit the filling activities to approximately 98 acres; and, Words s pack tkeeg are deleted; words underlined are added. 46 Agenda Item No. 8D September 14, 2004 Page 93 of 102 f Covenant the Conservation aArea for preservation, conservation and limited recreational uses; and, g. Insure that filling activities shall not take place in significant stands of red mangroves and shall not eliminate significant existing tidal creeks; and, h. Insure that no alteration or filling shall be conducted below the two foot contour in this area before all approvals for such construction are received. 2) The provisions of Section 2.03, GULF -FRONT LAND, are a part of this section. C. Water Resources 1) Potable water supply Prior to the issuance of any construction permits by Collier County, the Pelican Bay Improvement District (PBID) shall demonstrate to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the South Florida Water Management District (SFWMD) that the Floridian Aquifer, in this area, has sufficient capacity to meet the water supply requirements of the proposed project's ultimate population, and that this water withdrawal and reject water disposal will not adversely impact area -wide water quantity or quality. Reject water from the reverse osmosis process shall not enter the upland surface water storage areas. 2) Non - P- potable Wwater Ssupply a. Prior to the issuance of construction permits by Collier County, the applicant or Pelican Bay Improvement District shall satisfactorily demonstrate to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the South Florida Water Management District (SFWMD) that the proposed project's water withdrawal for golf course irrigation will not subject shallow aquifer resources to salt -water intrusion and will not adversely impact area -wide water quantity or quality. Words stfuek thfeo gli are deleted; words underlined are added. 47 Agenda Item No, 8D September 14, 2004 Page 94 of 102 b. During the wet season, June 1 to October 31, irrigation shall be permitted by withdrawal of water from lakes to a minimum level to be established by the Water Management Advisory Board. When the Coastal Ridge Aquifer is no longer over - stressed, the applicant shall be allowed to apply for a well permit for year round use of water from the shallow aquifer. The condition of the shallow aquifer shall be determined by the Big Cypress Basin Board, the South Florida Water Management District and the Water Management Advisory Board. d. Existing permitted wells within PELICAN BAY shall be excluded from the provisions of 13.1.C.2.(a), (b) and (c) above. D. Drainage Considerations 1) Upland Areas a. Prior to the preparation of the final plans, the Water Management Plan prepared by the Pelican Bay Improvement District shall be submitted to and approved by the Water Management Advisory Board. The Pelican Bay Improvement District shall provide necessary detailed drainage plans, studies and specifications to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the South Florida Water Management District for approval prior to the issuance of construction permits by Collier County. b. Until such time as the tidal average 100 -year flood elevations are established by HUD, the minimum building floor elevation shall be 10 feet above mean sea level. 2) Northwest Fill Area The Pelican Bay Improvement District shall provide necessary detailed drainage plans, studies and specifications to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the South Florida Water Words stpask throug are deleted; words underlined are added. 48 Agenda item No. 8D September 14, 2004 Page 95 of 102 Management District for approval prior to the issuance of any permits by Collier County. Further, the eCounty and the South Florida Water Management District shall be assured that negative water quality impacts to Inner and Upper Clam Bay will not result from the fill/destruction and development of the area presently occupied by 98 acres of mangrove forest. 12.02 PUBLIC FACILITIES A. Sewage Treatment Facilities The Pelican Bay Improvement District (PBID), created through a special act of the Florida Legislature in 1974, shall provide sewage treatment facilities for the proposed project. The Pelican Bay Improvement District shall provide necessary detailed plans, studies and specifications to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the Department of Environmental Regulations (DER) for approval prior to the issuance of permits. B. Water Treatment Facilities Water treatment facilities shall be proved by the Pelican Bay Improvement District (PBID). The Pelican Bay Improvement District shall provide necessary detailed plans, studies and specifications to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the Department of Environmental Regulation for approval prior to the issuance of permits. 12.03 TRANSPORTATION A. Internal The internal roadway system of the proposed project, including signals and other intersection improvements shall be constructed by the applicant as indicated on Exhibits "J" and "K ". Phasing and/or bonding for the ultimate improvements shall be done in accordance with the Subdivision Regulations. B. External The applicant shall improve Seagate Drive from its current two -lane design to a four -lane roadway between U.S. 41 and the most westerly constructed intersection of the PELICAN BAY street with Seagate Drive. The responsibility of the applicant for four - laning Seagate Drive shall Words you are deleted; words underlined are added. 49 Agenda Item No. 8D September 14, 2004 Page 96 of 102 continue until the release of the last existing internal improvement bond for the project. The applicant shall also pay his proportionate share of the costs for the necessary intersection improvements and signalizations along Vanderbilt Beach Road, Seagate Drive and U.S. 41, in accordance with the Subdivision Regulations. C. Additional Right -of -Way Seventeen and one -half (17 '/2) feet of additional right -of -way for Seagate Drive and Vanderbilt Beach Road shall be set aside within Pelican Bay. This right -of -way will be included in the buffer strip until such time as it is required for roadway expansion. At that time, the applicant shall dedicate the additional right -of -way. D. Golf Cart/Road "E" Intersection A grade separation shall be provided to separate the golf cart traffic from vehicular traffic where they conflict at Roadway "E ". E. Access to Surrounding Roads Access to the surrounding major roads shall be limited to those access points shown on Exhibit "J" except as otherwise approved by the Coastal Area Planning Commission. F. Connections to Seagate Rights -of -way for the extension of West Boulevard and Crayton Road into Pelican Bay shall be dedicated as part of platting. However, the construction of the Crayton Road connection shall not be authorized until a public hearing is held with due public notice to receive input from surrounding property owners. G. Landscaped Buffer Strip A landscaped buffer strip, a minimum of 100 feet in depth, shall be designated along the residential areas adjacent to U.S. 41, Seagate Drive and Vanderbilt Beach Road. H. Prior to obtaining any certificate of occupancy for any of the expansions of retail uses within the Waterside Shops at Pelican Bay Trust's property ( "Waterside Shops ") approved in and by the 2004 Amendments to the Pelican Bay PUD/DRI Waterside Shops or its agent shall commence construction of one additional northbound left turn lane located on U.S. 41 and Seagate Drive The cost of the additional left turn lane shall be paid Words stmslc gffeugk are deleted; words underlined are added. 50 Agenda Item No. 8D September 14, 2004 Page 97 of 102 by Waterside Shops and shall be constructed in accordance with Collier County /Florida DOT specifications This requirement shall become null and void in the event that the Collier County Transportation Department Staff or the Florida DOT determines that the additional left turn lane is not necessary or feasible at this location within the existing curb-to-curb geometry of the intersection Waterside Shops or its agent shall submit to the County an application consistent with Collier County /Florida DOT regulations including any required engineering plans and specifications to construct the single left turn lane on U.S. 41 at least one month prior to obtaining a building permit for the expansion of any retail uses within the Waterside Shops as such expansion is authorized by the County in and by the 2004 Pelican Bay PUD /DRI Amendments. So long as construction of the additional left turn lane has been commenced or in the event that construction was not commenced due to either delay by the County or Florida DOT in issuing a construction permit for such turn lane or due to the County Transportation Department Staff or Florida DOT determination that the turn lane is not necessa or feasible in the specific location then Waterside Shops shall be entitled to obtain a certificate of occupancy for and to open for business its expanded retail uses approved by the County in the 2004 Pelican Bay PUD /DRI Amendments. 12.04 PUBLIC SERVICES A. Education Forty-five acres located in the vicinity of the community commercial parcel near Vanderbilt Beach Road and U.S. 41 will be offered to the Collier County School Board for use as a 25 acre middle school site and a 20 acre elementary school site. The 45 acres will be sold to the School Board at 50% of the January 1, 1977, appraised value plus 6% per year appreciation for each year after 1977. This offer will continue until January 1, 1990. After January 1, 1990, the applicant shall be permitted to develop as residential areas all parts of the 45 acres not purchased by the School Board. B. Government Administration Site /Community Park Site To the extent not previously dedicated and conveyed, approximately twenty (20) acres located in the vicinity of the Community Commercial parcel near Vanderbilt Beach Road and U.S. 41 will be dedicated and Words stmek Lkaug are deleted; words underlined are added. 51 Agenda Item No, 8D September 14, 2004 Page 98 of 102 conveyed to Collier County immediately upon the completion of the community park improvements described below. The major portion of this area is intended to serve as a community park with the minor portion to be used for such things as fire station, library, sheriffs substation, branch courthouse offices, auditorium, etc. Non - administrative uses such as open storage equipment yards and other non - compatible government functions shall not be permitted within this site. The applicant shall be given the opportunity to review the architectural plans for any facilities planned for this area prior to their construction. Within the community park, the developer will, at its expense, provide the following improvements: Eight (8) Har -Tru or hard- surface (as the County shall elect) regulation tennis courts (unlighted). One (1) regulation combination soccer /softball field (unlighted). One (1) regulation basketball court (unlighted). One (1) regulation volley ball court (unlighted). Four (4) regulation racquetball courts (unlighted). One (1) community park -sized shelter containing one (1) male restroom and one (1) female restroom. Parking lots at County- approved access points within the park that contain approximately 57 parking spaces, which meet state and county standards for handicapped and other requirements (unlighted). For purposes of this section use of the words "as existing ", "lighted" and "unlighted" is for the sole purpose of describing the capital improvement obligation of the Westinghouse Communities of Naples, Inc., and is not to be construed as a limitation on improvements for each of the capital improvements described above. The community park improvements shall be completed by June 30, 1994, unless completion is delayed because of circumstance beyond applicant's reasonable control, in which event, the community park improvements shall be completed as soon as reasonably possible thereafter. C. Fire Protection 1) To Assure Adequate Fire Flow: The applicant shall provide for the strategic placement of fire hydrants as required by the Collier County Subdivision Regulations. Automatic sprinkler systems, water pumps, storage and pressure tanks shall be provided as required by county and state laws. Words stFuek-thfoagk are deleted; words underlined are added. 52 Agenda Item No, 8D September 14, 2004 Page 99 of 102 2) To Assure Adequate Fire Protection Services: A site for a fire station is included within the Governmental Facilities area identified in 13.4.13 above. 12.05 RECREATION AEAS A. Neighborhood Parks As more particularly described below, land for neighborhood parks, together with certain neighborhood park facilities will be dedicated and conveyed to the Pelican Bay of Naples Foundation, Inc. as neighborhood parks for exclusive use by the residents of Pelican Bay on or before June 30, 1994. The applicant shall install and construct, at its expense, certain improvements within the neighborhood parks. The location and size of the neighborhood parks and description of the existing improvements and the improvements to be constructed within such parks are listed below: 1) The Commons (9.56 acres): Administration building (as existing) Eight (8) Har -Tru tennis courts (as existing) Two (2) hard - surface tennis courts (as existing) Tram turnaround (as existing) Tennis building/shelters (as existing) Parking for 195 cars (as existing) One (1) tot lot (as existing) Two (2) regulation horseshoe pits (unlighted) Two (2) regulation shuffle board courts (unlighted) 2) South Beach Facility and Boardwalk (3.43 acres): Two (2) restaurants (as existing) Pavilion (as existing) Parking for 130 cars (as existing) Two (2) Tram shelters (as existing) 3) Ridgewood Park (3.73 acres): Exercise trail (as existing) Picnic facilities (unlighted) One (1) tot lot (unlighted) Parking for six (6) cars (unlighted) 4) Oakmont Park (9.62 acres): Exercise /nature trail (as existing) Tot lot (as existing). 5) North Station Park (4.7 acres): Tram storage /shelter building (18' x 34') Words stfuck dwoeg are deleted; words underlined are added. 53 Agenda Item No. 8D September 14, 2004 Page 100 of 102 Parking for 50 cars (unlighted) 6) Hammock Oak Park (7.97 acres): Eight (8) Har -Tru regulation tennis courts (lighted). Two (2) regulation horseshoe pits (lighted) Two (2) regulation shuffle board courts (lighted) Tennis building with office and storage space and one (1) male restroom and one (1) female restroom (approximately 20'x 30') Parking for 24 cars (lighted) For purposes of this section use of the words "as existing ", "lighted" and "unlighted" is for the sole purpose of describing the capital improvement obligation of the Westinghouse Communities of Naples, Inc., and is not to be construed as a limitation on improvements for each of the capital improvements described above. The neighborhood park improvements shall be completed not later than June 30, 1994, unless such completion is delayed because of circumstance beyond applicant's reasonable control, in which event, the neighborhood park improvements shall be completed as soon as reasonably possible thereafter. To the extent not previously dedicated and conveyed, the lands for the neighborhood parks shall be dedicated and conveyed to the Pelican Bay of Naples Foundation, Inc. immediately upon completion of the neighborhood park improvements. B. Community Parks Twenty (20) acres as described in Section 13.4.B. above is available for use as a Community Park. This property is located adjacent to the school sites so that maximum utilization can be achieved. C. Gulf -front Land Thirty-six (36) acres of Gulf -front land plus two (2) acres for upland parking shall be made available as described in Section 2.03 for public ownership. D. Beach Access Approximately five (5) acres located at the northwest corner of Pelican Bay adjacent to Vanderbilt Beach Road and the Gulf of Mexico shall be developed into approximately 120 parking spaces and then conveyed to Collier County after obtaining necessary permits. Words stpaek4hFeugh are deleted; words underlined are added. 54 Agenda Item No. 8D September 14, 2004 Page 101 of 102 PELICAN BAY PUD DOC. Words stFUek througl3 are deleted; words underlined are added. 55 a o —m 0 cq EL 9 E m CD 0 Q WJJ� J` If ase O uaJL VlA% I pia � Q Y y V a nno� m ivu a»wt �J O `s y� o O t �b z C/ > mVNI10/ lHM a MV a e yxi it Agenda Item No. 8EIt;CR >September 14, 2004 Page 1 of 29 EXECUTIVE SUMMARY Recommendation to adopt a resolution designating Stewardship Sending Area 5 (SSA 5) within the Rural Lands Stewardship Overlay District (RLSA) including an SSA Credit Agreement and Perpetual Stewardship Easement in response to an application by Barron Collier Investments, Ltd. BACKGROUND: The Stewardship Credit Program is the foundation of the Rural Lands Stewardship Area Zoning Overlay District (RLSA), which has been recognized in Florida, regionally and nationally for visionary methodology to insure the protection of environmentally significant private lands from development. Collier County adopted the RLSA as the implementing regulation for the Growth Management Plan amendments known broadly as the "Rural/Eastern Lands Amendment" which were developed in response to Administration Commission Final Order No. AC 99 -002 requiring a "Rural and Agricultural Assessment ". This application by Barron Collier Investments, Ltd. (BCI) to designate SSA number 5 is a proactive initiative to accelerate the achievement of the goals of the Stewardship Credit Program of the RLSA. The RLSA encompasses approximately 195,000 acres, the majority supporting agricultural uses. At the time of assessment, approximately 113,000 acres (58 %) of the area was classified as agriculture with infrastructure. Grazing leases accounted for another 63,600 acres (33 %). Public lands accounted for approximately 13,000 acres (7 %). Other uses such as residential, commercial, mining, etc. accounted for 3,600 acres (2 %). Water accounted for 2,000 acres (1 %). The BCI proposed SSA 5 designation totals 1,852.3 acres. Approximately 98% of the land is either within a Habitat Stewardship Area or a Flow way Stewardship Area, and 100% is within the Area of Critical State Concern. In all of the proposed SSA, residential uses, general conditional uses, earth mining and processing uses, recreational uses, Agricultural Group 1 uses and Agriculture Support uses will be eliminated. CONSIDERATIONS: On April 30, 2004, BCI submitted the application known as BCI Stewardship Sending Area 5 Designation Application (AR -5882) to the Community Development and Environmental Services Division (CDES). Comprehensive Planning and Environmental Services conducted a review of the submitted documents, maps and digital media files and on May 24, 2004, CDES declared the application complete and sufficient for review. On July 29, 2004, CDES completed its designation review and indicated that the application satisfied the requisites of the SSA designation. The SSA Designation Application involves the designation of 1,852.3 acres referred to as SSA 5 within the boundaries of the RLSA. The location and associated acreage of the proposed SSA are indicated on Figure 1. It is located in and adjacent to the Okaloacoochee Slough flow way and is within the Area of Critical State Concern. The proposed SSA includes significant upland and wetland habitat with high Natural Agenda Item No. 8EIt;CR >September 14, 2004 Page 2 of 29 Resource Index scores. Panther telemetry data indicates extensive movement of panthers through this area. It also contains a rookery for multiple wading bird species and serves as a corridor for many other species. The addition of SSA 5 to previously designated SSAs 3 and 4 would produce a block of land approximately 5,000 acres in size. Together, these would protect a mix of agricultural land uses and native vegetation. The proposal for SSA 5 is the removal of all land use layers down to but not including Agriculture - Group 2, as defined in the Land Use Matrix, LDC Section 2.2.27.9(B)(4)(b) (UDC Section 4.08.06(B)(4)(b)). LDC Section 2.2.27.9(B)(4)(b) (UDC 4.08.06(B)(4)(b)) Land Use Matrix Residential Land Uses Genera Conditional Uses Earth Mining and Processing Uses Recreational Uses Agnculture Group 1 Agriculture Support Agricu ture Conservation, - Uses Group 2 Restoration and Natural Resources Single- family dwelling, incl. Family care facilities (P) Excavation, extraction or Golf cotrses and/or golf Crop raising; horticulture; fruit faun la (A) Unimproved pashre Wildlife managemertt, mobile home (P) earthminirg and driving ranges and nut and grazing, forestry (P) plarrt and wuldfe related processing (CU) production; conservancies, refuges and sanctuaries (P) and production (CU) groves; nurseries; improved pasture (P) Mobile homes [(P) in MH Collection and transfer sites for Asphaltic and concrete batch Sports Instructional Anneal breeding (oll-o than Retail sale fresh, Unprocessed Ranching lock Water management Overlay, (A) as resource recovery making plants (CU) schools and livestock), raising agricultural products; raising (P) groundwater recharge (P) temporary use) (CU) camps (CU) training, stabling o grown primarily on kenneling (P) property (A) Private boathouses and Veterinary clinic (CU) Sporting and Dairying, Retail plar>< nurseries R —unung cabins CU Restoration, mitigation P docks on lake, Recreational camps (CU) beekeeping; poultry and egg (CU) canal or production; milk waterway lots (A ) production (P) N Agenda item No. 8EIt;CR >September 14, 2004 Page 3 of 29 LDC Section 2.2.27.9.4(b) Land Use Matrix (cont'd) Residential General Earth Mining and Recreational Agriculture Agriculture Agriculture Conservation, Land Uses Conditional Uses Processing Uses Uses Group 1 - Support Uses Group 2 Restoration and Natural Resources Recreational ZFE care centers Aquacutture for native Packinghouse or Cultural, educational, Water supply, wellfields facilities integral and adult day care species (P) and non- similar agricultural or recreational (P); oil and gas to residential centers iative species (CU) processing of farm facilities and their exploration (P) development, products produced on related modes of e.g., golf course, the property (A) transporting clubhouse, participants, viewers community or patrons; tour center building operations, such as, and tervris but not limited to facilities, parks. alboats, swamp playgrounds and buggies, horses and playfields (A) similar modes of transportation (CU) Guesthouses (AIJ Zoo, aquarium, The commercial Sawmills (CU Excavation and Boardwalks, nature tr ails aviary, botanical production, raising or related processing (P) garden, or other breeding or exotic incidental to Ag(A) similar uses (CU) animals (CU) Churches and Wholesale reptile Natural resources not other places of breeding and raising otherwise listed (P) worship (CU) non - venomous (P) and venomous(CU) Communicabons 157 s6ntial services P and towers (P)(CU) CU) Social and Oil and gas field Fraternal development and organizations (CU) production (CU) Private landing strips for general aviation (CU) Cemeteries (CU) Schools (CU) Group care facilities, ALF (CU) The BCI Stewardship Sending Area 5 Designation Application includes a Natural Resource Index Assessment. This Assessment is consistent with the requirements of the RLSA and the intent to eliminate certain land uses in order to protect natural resources and retain agriculture activities, in exchange for transferable Stewardship Credits (credits) that can be used to entitle compact development. The Assessment provides the following: (1. Establishes the boundaries of the SSA (see Figure 1). (2. Documents the Natural Resource Index value scores, by acreage. (see Tables 1 & 2). (3. Proposes the elimination of certain land use layers (see Table 1). (4. Quantifies the acreage of all lands by type within the SSA that have an Index value 3 Agenda Item No. 8EIt;CR>September 14, 2004 Page 4 of 29 greater that 1.2 (see Table 3). (5. Quantifies all lands, by stewardship type, within the Big Cypress Area of Critical State Concern (ACSC). (6. Quantifies the acreage of agricultural lands, by layer type, included within the SSA (see Table 5). (7. Calculates the resulting number of Credits being generated (see Table 6). (8. Verifies that the Index value scores assigned are valid. Staff has reviewed the Assessment and agrees with the verification and calculation of Index values and geographic data for the subject area. Staff also agrees with the calculation of Stewardship credits through an independent study of the underlying data. The tracking procedure for Stewardship credits will be accomplished through The Rural Lands Stewardship Credit System Database and Geographic Information System (GIS), which consists of ArcGIS maps, and databases. The data polygon boundaries submitted by the applicant will be used to define the generation area of the Stewardship Sending Credits. Credits will be tracked through their inception, transfer and ultimate use by any Stewardship Receiving Area (SRA). Taw I STEWARDSHIP CREDIT CALCULATION TABLE MMMM=V��M IMIZEMI-rai 1��' &NBC= 4 0-0 -1,10M WO RMINIM"'MMMEN 0.0 0�0 0.0 gj po 03 0,0 1 0.0 0.00 0. 0-0 0-0 2.5 2-0 0.0 0.00 2.0 0.1 0.18 0 0-0 0-0 0.0 0-0 0.0 0.0 0- - UMO 0�01 0.0 0-0 0.0 0�0 --5-00 0-00. 0.0 0.00 0.00 0.4 0,0 0-0 0.0 O�3 0�3 0�0 0.00 0.3 0.09 Obq 0.5 0-0 0-0 0.0 0.0 0�0 0,0 OM oz 0.01- 0.01 0.6 0-0 0-0- OZ 0.0 0.0 0-0 0.00 0.0 0-00 0.53 0.7 3. 0-8 OM 0-0 18 07 0.00 3.8 2-39 2.39 0.9 0.0 11.6 0.01 9. 19.7 0�0 OM --1-9-7 -14.15 14.15 0.9 1-1- 14-0 0-0 0-5 15.6 0-0 0.130 15.7 12-68 112.68 1.0 2-4 175-5 0.0 0.2 1:78A 0-0 0. -1781 160.32 160.32 1.1 6.5 485-8 075 2.6K494.8 -00 0.00 494.8 WS-8 1 -489 81 1.2 1.3 93-9 0.0 0.0 S'5 2 0.0 0.00 952 102.84 102.94 1.3 1.6 396-8 0�0 0.1 398.4 0,0 0�00 398.4 466.14 466.14 IIA 107.1 225-5 OD 11A U 343.9 0�0 0.00 343-9 433.35 433.35 1.5 0�0 104-5 0,0 0-9 105-3 0�0 -T-W 105.3 142.32- _742.0 1.6 40.6 493 0-0 0.0 90A 0�0 MOO 903 130.03 130.03 1.7 0�0 41 �8 0.0 0�0 41.8 U =00 41.8 63. 1.9 0-0 28A G'O M) 28-1 0�0 OM 28.1 45�54 45.54 119 32.5 1-8 0-0 0.6 34.9 0'0 0.00 34.9 60-TO 59170 zo 0-0 0-0 -0-6 M) 0.0 0.0 0.0 7756- 0.0 0-00 0.00 2.1 03 0-0 0.0 0.0 0.0 0. -- Oz 0-00 0 7-2 0.01 U 0.0 0.0 0-0 0�0 0.00 0.01 0-001 0.01311 2X3 --0-01 0-0 0�0 0.01 0-0 0-0 0-00 0.01 0.001 0.001 2.4 OM 0,0 0.0 0-0 - 0-01 0�0 0-00 0.01 0-001-----O-,-O-Dl 2.5 as 0�0 0,0 0�0 0.0 0�0 ob() 0. 4 0.001 Obo 2 2 6 A 0.01 0.0- 0.0 aol 03 O.DO U.011 O.M 0.00i ox OR "M � MUMM".- MMMM=V��M IMIZEMI-rai 1��' &NBC= 4 Agenda Item No. 8EIt;CR>September 14, 2004 Page 5 of 29 Table 2 SUMMARY OF SSA ACREAGE RELATIVE TO NRI VALUE OF 1.2 103 M Table 3 LAND BY STEWARDSHIP TYPE WITH NRI VALUE GREATER THAN 1-2 Tatge 4 LAND BY STEWARDSHIP TYPE WITHIN THE ACSC TaMe 5 AGRICULTURAL LANDS BEING RETAINED 1952.3 Table 6 CREDITS CALCULATION SUMMARY E Flowvimy 196.0 196.0 Habitat 1629.8 1629,8 Open 26.5 26.5 Water Retention 0-0 0-0 lGrand Total 1 1852.31 0.01 —1-85-2-31 TaMe 5 AGRICULTURAL LANDS BEING RETAINED 1952.3 Table 6 CREDITS CALCULATION SUMMARY E Agenda Item No. 8Elt;CR >September 14, 2004 Page 6 of 29 Figure 1 Applicants petitioning for Stewardship Sending Areas, who will obtain SSA credits for the land so designated, must include a credit agreement per LDC Section 2.2.27.9(C)(5) (UDC Section 4.08.06(C)(5). BCI has voluntarily requested that the subject area be designated as a Stewardship Sending Area and has provided the credit agreement that is included by reference herein. 6 Agenda Item No. 8EIt;CR >September 14, 2004 Page 7 of 29 LDC Section 2.2.27.9(C)(6) (UDC Section 4.08.06(C)(6)) requires that the SSA credit agreement shall be approved by a resolution of the BCC at an advertised public meeting by majority vote. A resolution is submitted for the subject area, which is attached. Additionally, the LDC requires in Section 2.2.27.9(C)(7) (UDC Section 4.08.06(C)(7)), that following approval by the county, an SSA memorandum shall be prepared and recorded in the public records, together with necessary portions or exhibits. LDC Section 2.2.27.9(C)(8) (UDC 4.08.06(C)(8)) requires that the applicant shall prepare and submit stewardship easement agreements in all cases except when the property is being deeded in fee simple to a "conservation/preservation agency." The stewardship easement agreement is also attached. Finally, LDC Section 2.2.27.9(E)(2) (UDC 4.08.06(E)(2) requires that, following the Board's approval of the SSA application and SSA credit agreement, a legal description of the land designated SSA, the SSA credits granted, and the stewardship easement applicable to such lands, shall be provided to the Collier County Property Appraiser and the applicant, and shall be recorded within 30 days by the applicant in the public records. FISCAL IMPACT: The applicant BCI has paid fees totalii processing and review of the application, and the development Stewardship Credit System Database for the purpose of tracking additional fiscal impacts associated with the application. g $53,300.00 for the and maintenance of a credits. There are no GROWTH MANAGEMENT IMPACT: The Rural Lands Stewardship Area Overlay in the Future Land Use Element (FLUE) establishes the process and requirements for establishing SSAs, what lands qualify for SSA designation, and the use limitations for lands once designated as SSAs; it is implemented through the Rural Lands Stewardship Area Zoning Overlay District. The zoning overlay contains the same requirements and limitations as the FLUE Overlay. Therefore, inasmuch as staff's analysis indicates this pgtition for designation of SSA's is in compliance with the RLSA Zoning Overlay, it may also be found to be consistent with the FLUE. RECOMMENDATION: That the board adopt a resolution designating Stewardship Sending Areas 5 (SSA 5) within the Rural Lands Stewardship Overlay District (RLSA) including an SSA Credit Agreement and Perpetual Stewardship Easement in response to an application by Barron Collier Investments, Ltd. That staff prepare an SSA memorandum to be recorded in the public records together with the necessary portions or exhibits of the SSA Credit Agreement and Easement. That staff provides said documents to the Collier County Property Appraiser and the applicant, and that within 30 days of adoption the applicant shall record same into the public records. 7 AgMKW . ium NO 8_'II;CQy -SPten 14.27J4 Pan • .1 25 Appnved By COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS It— Number b£ Nrm Summary Rae ..manleW -r. N a4 44 a rPSgljAV: dneg:uda:g Skra W S* ,Avg Amr :;SSA, c: V1URStIt 11:51 AM yriNa: 8,o RuM LM Stra stl l C 1W D*Md (RLSA: � —B ar! SSA Cro31 Enrir.W Sarin. A4 . �Tn. +,M , -1 Fx,;an N Slevrv6.r:ip Eaawny:l v:ar{w'+:an U an.yyKraW.n C} B:ns. Approvsd By fMic Ernez9»e -t.. M. Mrrtlnp 0— B'f4.3. a. 4.p::p1 ASt Approved By pm Shn thxinpv .,u- iPnaa -arvr PIanM -y 0i,acmr ,Jm ca,+mnnry dr.lopmax a ..nm<.o..m.rar sar.m.. ca- �p..'.naws Plannra SaSaaml9:ze AM Appnved By 8sn3. L.a f ecKHa Seurnary pay Cn:mm�nay a.rrfnp:,e�tS , .ty AYffnry ONka V1URStIt 11:51 AM EnY.ravrwmaf S 1— Enrir.W Sarin. A4 . NZ.L'MN 3:59 PM Approvsd By ALL.In- rsr_'re Atilsb.T pav Caalann AJehn.on T,yrda.s Arulya pm Co:.mnF.y b.NPPmrx 6 ..wmmmfy dwfaprtvct EnKrgvnemal5rrrkea E-Wrawmrnyl 8rnyax Admin. S:1'laG::i9 PM Appmwd By !)A1n of Manaparro:nS &.'derl N31Ra51 Taa PY Appnvcd By - "nH PWr:en9 and Rand:Nl1. Qhan AaM »yR. Na^aq., pay Cn;nrminay prMep:v,e -1 S .)f5a c!MSapnnambBU49d L1t'iU('J !:^.B PSI Enrinn,wmalBarAw Cnwpra- .rnswn ASnnM9 VSaiSCi l:}89M Appnyad By ..rc:- l tSartapar ..sa ..aznax,r.aa coaert�nhy brMOP:xntd 5•SRO:a }ix3 PM .Spaph K. S:hnefh #- vtronmanW 8ar,4cea AdMnauNa. aa!a CaaarmLy Oe�daia+'nv6 _amm,mPr d.nbpnyrc6 EnY•,nrrrnti SxMf:va #.- wwmant�I SV.WaAbMn. a3ali6t i:5a AN Appm-d By Parnck :,. Mwa Asaaym COUGy AronmaY pay Gamy A-.nrrsy , .ty AYffnry ONka V1URStIt 11:51 AM App--d By Pat:nEnhaq ALL.In- rsr_'re Atilsb.T pav Canes Na�aEa•.'a p!!ica Q!'Ci eSMrapam.rc l8ctlyef L?tRp4 :3�a1 PM Appoyad By 8yM fascksm Bu.iW)taiyR Bay —Illy Nanapwfa OaMCa !)A1n of Manaparro:nS &.'derl N31Ra51 Taa PY Appnvcd By frahax sn�y:naaN u aprmams a.spe ab.nx a,y CoanH MS+:Nfs p!'u .)f5a c!MSapnnambBU49d L1t'iU('J !:^.B PSI Appm,M By Jansn V. Slubf BniN a Ceumy ..rc:- l tSartapar ..sa ..aznax,r.aa .w:HMa!v#ah OlEu 5•SRO:a }ix3 PM Agenda Item No. 8EIt;CR >September 14, 2004 Page 9 of 29 RESOLUTION 2004- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DESIGNATING 1852.3 ACRES IN THE RURAL LAND STEWARDSHIP AREA ZONING OVERLAY DISTRICT AS A STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "BCI SSA 5," APPROVING A STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR BCI SSA 5, AND ESTABLISHING THE NUMBER OF STEWARDSHIP CREDITS GENERATED BY THE DESIGNATION OF SAID STEWARDSHIP SENDING AREA WHEREAS, Barron Collier Investments Ltd., a Florida limited partnership (herein referred to as QDwnerT owns approximately one thousand eight hundred fifty -two and three tenths (1852.3) acres located within the boundaries of the Rural Lands Stewardship Areas Zoning Overlay District (I RLSA DistrictT located in Collier County, Florida; and WHEREAS, Owner has voluntarily requested that said land be designated as a Stewardship Sending Area ([SSAQ] in accordance with, and pursuant to Section 2.2.27.9 of the Collier County Land Development Code (IODCIP(Section 4.08.06 UDC); and WHEREAS, Owner has submitted a SSA Designation Application ( [Applicationgj] for the BCI SSA 5 land; and WHEREAS, Collier County Staff has reviewed the Application, along with support documentation and information required by Section 2.2.27 of the LDC (Section 4.08.00 UDC), and determined that the Application is legally sufficient; and WHEREAS, the Collier County Board of County Commissioners (Board[] has determined the BCI SSA 5 Stewardship Credit Agreement is in compliance with, and meets the requirements of the LDC, and is in substantial benefit to the general public. NOW, THEREFORE, be it resolved by the Board that: BCI SSA 5, as described in attached Exhibit [AQ consisting of approximately one thousand eight hundred fifty -two and three tenths (1852.3) acres is hereby designated as a Stewardship Sending Area (GSSAM and will be officially designated as BCI SSA 5" on the Official Zoning Atlas Map. Agenda item No. 8EIt;CR >September 14, 2004 Page 10 of 29 2. The BCI SSA 5 Stewardship Credit Agreement, attached hereto as Exhibit IBQmeets the requirements of Section 2.2.27.9 of the LDC (4.08.06 UDC) and the Board hereby approves the BCI SSA 5 Stewardship Credit Agreement. 3. The Board hereby establishes, grants and assigns two thousand nine hundred thirty -eight and three tenths (2938.3) Stewardship Credits to the Owner, which may be sold, transferred, or otherwise utilized by the Owner in accordance with Section 2.2.27 of the LDC (4.08.00 UDC). 4. The Board further approves and authorizes the acceptance of the Stewardship Easement Agreement for the BCI SSA 5 lands. 5 By its designation of the lands described in Exhibit IAEbs a Stewardship Sending Area, the County shall not hereafter grant or approve any increase in the density or additional uses beyond those uses specifically authorized in the BCI SSA 5 Credit Agreement. THIS RESOLUTION ADOPTED this 14th day of September, 2004, after a Motion, seconded, and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK , Deputy Clerk Approved as to form and legal sufficiency: By: Patrick G. White Assistant County Attorney Donna Fiala, Chairman Agenda Item No. 8EIt; CR >September 14, 2004 Page 11 of 29 S.S.A. 5 EXHIBIT "A" LEGAL DESCRIPTION DESCRIPTION OF LANDS LYING WITHIN SECTIONS 28.32 AND 33, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 5, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (BCI SSA 5) ALL OF SECTION 5, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA, PER THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), LYING NORTH OF THE NORTH RIGHT -0F -WAY LINE OF C.R. 846 (120' RIGHT -OF -WAY); AND ALL OF SECTION 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, BASED ON THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), LESS THE WEST 90.88 ACRES; AND ALL OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, BASED ON THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), LESS THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, AND THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 32; AND THE NORTH HALF OF 33, TOWNSHIP 46 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, BASED ON THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943); CONTAINING 1852 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE EAST HALF OF THE NORTH LINE OF LINE OF SECTION 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST BEING SOUTH 88 °52'49" EAST. SKETCH AND DESCRIPTION WERE PREPARED WITHOUT BENEFIT OF FULL SURVEY OR TITLE SEARCH. SEE ATTACHED SKETCH. WILSONMILLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS CERTIFICATE OF AUTHORIZATION #LB -43. BY: 4 -12-04 BRADLEY E. STOCKHAM, P.S.M. #6390 DATE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. REF. 2H- 51 W.O.: 03312-004-000 -21000 DATE: 4/12104 U30=03-123981 vr.olf- BSTOCK AJA CA@n asTeeao>000 - -o Agenda item No. 8Eit;CR >September 14, 2004 Page 12 of 29 STEWARDSHIP SENDING AREA CREDIT AGREEMENT (BCI SSA 5) THIS STEWARDSHIP SENDING AREA CREDIT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this day of " 2004, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred as "County" whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and Barron Collier Investments, Ltd., a Florida Limited Partnership ( "BCI "), hereinafter referred to as "Owner ", whose mailing address is 2600 Golden Gate Parkway, Naples, Florida 34105, for the purpose of designating a "Stewardship Sending Area" ( "SSA ") on certain lands, referred belonging to Owner, eliminating Land Use Layers from said lands, and assigning Stewardship Credits to Owner, all pursuant to Section 2.2.27 of the Collier County Land Development Code (UDC Section 4.08.00). WITNESSETH: WHEREAS, BCI is the owner of approximately 1852.3 acres of land within the boundaries of the Rural Lands Stewardship Area Zoning Overlay District ( "RLSA District ") located in Collier County, Florida, which land is the subject of a Stewardship Sending Area Application (Application AR -5882) filed by Owner with Collier County, Florida; and WHEREAS, Owner has voluntarily requested that the approximately 1852.3 acres described in attached Exhibit "A" (hereinafter referred to as "BCI SSA 5 ") and depicted on Exhibit "B" be designated as a Stewardship Sending Area in accordance with and pursuant to Section 2.2.27.9 of the Collier County Land Development Code ( "LDC ") (UDC Section 4.08.06); and WHEREAS, Owner has submitted, and the County has reviewed, a SSA Designation Application filed with the County on May 4, 2004 for the BCI SSA 5 land described in Exhibit "A "• and WHEREAS, Collier County has reviewed the SSA Designation Application, along with all support documentation and information required by Section 2.2.27 of the LDC (UDC Section 4.08.00) and determined that the Owner's application is legally sufficient and should be granted; and WHEREAS, the County and Owner have reached agreement concerning the number of Stewardship Credits that are to be generated by the designation of the BCI SSA 5 described in Exhibit "A" as an SSA, and the parties further intend to specify the land uses that are eliminated from, and those land uses that remain on, BCI SSA 5; and WHEREAS, the County and Owner agree that this Agreement is in compliance with and fully meets the requirements of the Collier County Growth Management Plan and LDC (and UDC) and is of substantial benefit to the general public. NOW THEREFORE in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the mutual covenants contained herein, the parties agree as follows: CANQ Pagel of 6 Agenda Item No. 8EIt;CR >September 14, 2004 Page 13 of 29 1. Land Designated as SSA. BCI SSA 5, as described in Exhibit "A ", consisting of approximately 1852.3 acres, is hereby designated a Stewardship Sending Area ( "SSA "), and officially designated as BCI Stewardship Sending Area 5 (BCI SSA 5). Within BCI SSA 5,196.0 acres are within a Flow way Stewardship Area, 1629.8 acres are within a Habitat Stewardship Area, and 1852.3 acres are within the Big Cypress Area of Critical State Concern. 2. Land Use Lavers. The following Land Use Layers as described in the Land Use Matrix in Section 2.2.27.9.B.4 of the Collier County LDC (UDC Section 4.08.06(B)(4)) are hereby eliminated from and prohibited within the BCI SSA 5: Within BCI SSA 5, Land Use Layers 1 -6, inclusive, as described in Section 2.2.27.9.3.4. of the LDC (UDC 4.08.061p)(4)), are hereby eliminated. The remaining agricultural Land Use Layer, that is Agriculture Group - 2, cannot be expanded beyond existing areas or areas allowed to be utilized under permits existing as of the date of SSA designation on said land. 3. Natural Resource Index Assessment. A Natural Resource Index Assessment Worksheet ( "Worksheet ") for BCI SSA 5 is attached to this Agreement as Exhibit "C ". The Worksheet (Exhibit "C ") quantifies the number of acres by Index Values, sets forth the level of conservation, and establishes the number of Stewardship Credits generated. In addition, the Worksheet quantifies the number of Early Entry Bonus Credits generated by the designation of BCI SSA 5. The number of Stewardship Credits hereby generated and assigned to Owner by this Agreement for BCI SSA 5 land are two thousand nine hundred thirty eight and three - tenths (2938.3) Stewardship Credits, which may be sold, transferred, or otherwise utilized by the Owner in accordance with Section 2.2.27. of the Collier County Land Development Code (UDC Section 4.08.00). 4. Exchange Rate. The Stewardship Credits generated and assigned for the establishment of the SSA on BCI SSA 5 herein may be transferred to a Stewardship Receiving Area (SRA) to allow for the development of land at the exchange rate of eight Stewardship Credits for the development of one acre of land in a SRA. 5. Land Management Measures. Within BCI SSA 5, land management measures will be those customarily utilized in ranching operations in Southwest Florida. These customary measures may include prescribed burning, mechanical brush control ( "chopping ") and other exotic and nuisance species control, fence construction and maintenance, selective thinning of trees, and ditch and ranch road maintenance. 6. References. 00 °' Page 2 of 6 Agenda item No. 8EIt;CR >September 14, 2004 Page 14 of 29 The references herein to the LDC provisions are those contained in Section 2.2.27. of the Collier County Land Development Code existing as of the date this Agreement becomes effective and those provisions of the LDC shall control as to the rights, obligations, implementation or interpretations of this Agreement and rights of Owner in the BCI SSA 5. 7. Lavers Included. The retention of any Land Use Layer also includes the retention of all Land Use Layers that are less intensive in nature and that are listed below that Land Use Layer (higher numbered layers) in Section 2.2.27.9.B.4. of the LDC (UDC Section 4.08.06(8)(4), including the retention of Conservation Restoration and Natural Resource uses as contained in the Land Use Matrix contained in Section 2.2.27.9.B.4.b. of the LDC (UDC Section 4.08.06(B)(4)(b). 8. Restriction on Land Use Amendments. Upon designation of the land described in Exhibit "A" as an SSA, the Owner, its assigns and successors in interest to BCI SSA 5 shall not seek or request, and the County shall not grant or approve, any increase in the density or any additional uses beyond those specifically authorized in this Agreement. Upon designation of these lands as an SSA, the owner shall neither seek nor request, and the County shall not in violation of Sections 2.2.27.9.A.2. and 3 (UDC Section 4.08.06(A)(2)and(3), thereafter grant or approve any expansion or conversion of agricultural uses. 9. Effectiveness. This Agreement shall be effective upon its execution by both parties. The terms, conditions, and obligations hereunder shall constitute covenants that run with the land and may be enforceable by either party in the circuit courts for the 201' Judicial Circuit in Collier County. In the event that either party hereto shall institute legal proceedings in connection with or for the enforcement of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney's fees, costs and expenses, to be taxed by a court of competent jurisdiction, which are directly related to any trial court and appellate proceedings. 10. Easement Agreement. Attached hereto as Exhibit "D" is a copy of the Stewardship Easement Agreement that will be executed by Owner and recorded by the County upon approval of this Agreement. The Stewardship Easement Agreement grants a perpetual easement in favor of Collier County and the Florida Department of Agriculture and Consumer Services setting forth specific land management measures and the party responsible for such measures for the BCI SSA 5 land described in Exhibit "A" which is the subject of this Agreement. 11. FSA/HSA Lands. The lands within BCI SSA 5 that are within an FSA or HSA total 1825.8 acres. Exhibit "E" depicts the FSA and HSA areas within BCI SSA 5. 12. Successors and Assigns. - VW. s CAM Page 3 of 6 Agenda Item No. 8EIt;CR >September 14, 2004 Page 15 of 29 As used in this Agreement the term "Owner" shall include the owner, its successors and assigns of any of the BCI SSA 5 lands described in Exhibit "A ". 13. Amendments. This Agreement may only be amended by written agreement of all parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representative and their official seals hereto affixed the day and year first written above. WITNESSES: (Signature) (Print full name) (Signature) (Print hill name) (Signature) (Print full name) (Signature) (Print full name) BARRON COLLIER INVESTMENTS, LTD., A Florida Limited Partnership Un _ "3 Page 4 of 6 Paul J. Marinelli Administrative Agent Katherine G. Sproul, Trustee Juliet C. Sproul Testamentary Trust, a General Partner Agenda Item No. BEIt;CR >September 14, 2004 Page 16 of 29 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Sending Area Credit Agreement was executed before me this day of 1 2004, by PAUL MARINELLI, as Administrative Agent of BARRON COLLIER INVESTMENTS, LTD. Notary Public Name Certificate No. My Commission expires STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Sending Area Credit Agreement was executed before me this day of . 2004, by KATHERINE G. SPROUL, as Trustee for the Juliet C. Sproul Testamentary Trust, a General Partner of BARRON COLLIER INVESTMENTS, LTD. ATTESTED TO BY: DWIGHT E. BROCK, CLERK Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: PATRICK G. WHITE ASSISTANT COUNTY ATTORNEY Notary Public Name Certificate No. My Commission expires BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M. G"' Page 5 of 6 DONNA FIALA, Chairman Agenda Item No. 8EIt;CR >September 14, 2004 Page 17 of 29 LIST OF EXHIBITS Stewardship Sending Area Credit Agreement Exhibit "A" SSA Land Legal Description Exhibit "B" BCI SSA 5 (1852.3 acre parcel) depicted on Map of SSA Land. Exhibit "C" Natural Resource Index Assessment Worksheet Exhibit "D" Stewardship Easement Exhibit "E" FSA/HSA Lands A:1SSA CA Area Five.doc ° M Page 6 of 6 'T 0') C) C\j —C)— N0 co (D 0) .(D D C13 E A cr OD 0 Z E .2 a$ Ila O U x 0 V A K ul O c:l U) C-4 C-4 ca <,l C13 Z a$ Ila A C:3 c:l C-� C-4 C-4 ca <,l 43 cn IV qr U% T Cl 0 1;3 I, ca P. OQO M 0p 0 �2f 'r cl� 10 �r Ln em C3 c i Ip Ci (P '7 m C\l Lti v I- M ci (D c 04 lc:i Ci hl m I CD O 0 C! 0 C! C! CD C. 10 6 66 6 6 6 6 ci CD <:D c, C�- .0 0 ci 6 C, C� C! q 8 Ell 42 00 ci -0 M 0 6 10 6 0 n ci 0 cil-dics M -0 a MOM Mon Moo Moo MID= 0 C� C,i c� C:� � r� Ip ONO OQO M 1Q 4u7 Cocl)ul -W66 666 616: S E 4� `Y 000 CS <,j o C-') c. C3 00 C. ::� cots '0 C! 1:11 ID c; 1010 C! 000 66 Q 09 T C! c! 6 cs 6 6 66 c. C! C, C! C� C! C! 9i GU 16 In cs o 6 6 In 0 C) ID 0 .0 10 Q 19 M O 0000 9 0 00 oo tO O H7 41q) co rn CR .0 '0 ROM r-, to 40 0 M 000 a 6 a; Qd Ir. 000004 000r vi 6 --N sr try ID C? U7rO0700 Vi q q I? O 14! 0 CD 'C2, 0 CP 0 a$ Ila Agenda Item No. 8EIt;CR>September 14, 2004 Page 19 of 29 S.S.A. 5 EXHIBIT "A' LEGAL DESCRIPTION DESCRIPTION OF LANDS LYING WITHIN SECTIONS 28,32 AND 33, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTION 5, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (BCI SSA 5) ALL OF SECTION 5, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA, PER THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), LYING NORTH OF THE NORTH RIGHT-OF-WAY LINE OF C.R. 846 (120' RIGHT-OF-WAY); AND ALL OF SECTION 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, BASED ON THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), LESS THE WEST 90.88 ACRES; AND ALL OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, BASED ON THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), LESS THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, AND THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 32; AND THE NORTH HALF OF 33, TOWNSHIP 46 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, BASED ON THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943); CONTAINING 1852 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE EAST HALF OF THE NORTH LINE OF LINE OF SECTION 28, TOWNSHIP 46 SOUTH, RANGE 30 EAST BEING SOUTH 88 °52'49" EAST. SKETCH AND DESCRIPTION WERE PREPARED WITHOUT BENEFIT OF FULL SURVEY OR TITLE SEARCH. SEE ATTACHED SKETCH. WILSONMILLER, INC_ REGISTERED ENGINEERS AND LAND SURVEYORS CERTIFICATE OF AUTHORIZATION #LB-43. BY: 4 -12-04 BRADLEY E. STOCKHAM, P.S.M. #6390 DATE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. REF. 2H- 51 W.O.: 03312-004-ON-21000 DATE: 4/12104 7r3Dr"3 -lZMl vr.wi- SaOCKF , clan 0378&003-000- -0 Agenda Item No. 8EIt;CR>September 14, 2004 Page 21 of 29 TaNa i STEWARDSHIP CREDIT CALCULATION TABLE Sam= Sulu 7atals Tabu B CREDITS CALCLAATION SUMMARY This instrument Prepared by: George L. Varnadoe, Esq. Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 -2771 Tract: BCI SSA 5 Agenda item No. 8EIt ;CR >September 14, 2004 Page 22 of 29 STEWARDSHIP EASEMENT AGREEMENT THIS STEWARDSHIP EASEMENT is granted this day of , 2004, by Barron Collier Investments, Ltd, a Florida Limited Partnership ("BCI"), whose address is 2600 Golden Gate Parkway, Naples, Florida 34105, hereinafter called "Grantor," to Collier County, apolitical subdivision of the State of Florida, and Florida Department of Agriculture and Consumer Affairs, hereinafter collectively called the "Grantees ". RECITALS A. Grantor is the owner of approximately 1852.3 acres of land situated in Collier County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter "Property" or 'BCI SSA 5 "). B. Grantor and Collier County entered into a Stewardship Sending Area Credit Agreement (ASSA Agreement @) dated , which designated the Property 'BCI Stewardship Sending Area 5" ('BCI SSA 5 "). This 1852.3 acre parcel, as legally described in Exhibit "A," has been designated as a AStewardship Sending Area" "SSA" in accordance with Section 2.2.27.9. of the Collier County Land Development Code ( "LDC ") (UDC Section 4.08.06). The Property is depicted on Exhibit "B." C. The SSA Agreement and Section 2.2.27.9.C.8 of the LDC (UDC Section 4.08.06(C)(8)) require Grantor to provide a perpetual Stewardship Easement identifying the specific land management measures for BCI SSA 5 and the party responsible for such measures. D. In exchange for the designation of the Property as SSA, the County has granted and assigned to Grantor two thousand nine hundred thirty eight and three- tenths (2938.3) Stewardship Credits which will allow Grantor to entitle three hundred sixty seven and twenty -nine hundredths (366.29) acres for development within the Rural Lands Stewardship Area District. E. The purposes of this Stewardship Easement are: (1) to designate the allowed uses of the Property consistent with the terms of the SSA Agreement; (2) to identify specific land Page 1 of 7 CA"3 a -lxeas Vs: 011- B,IOfiN9pN w.a 03312a044)oo- -0 Agenda Item No. 8EIt;CR >September 14, 2004 Page 23 of 29 management measures and the party responsible for land management; and (3) to provide for the enforcement of the Stewardship Easement. NOW, THEREFORE, in consideration of the designation of the Property as Stewardship Sending Area, together with other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, Grantor hereby grants, creates, conveys and establishes a perpetual nonexclusive Stewardship Easement for and in favor of the Grantees upon the property described in Exhibit "A," which shall run with the land and be binding upon the Grantor, its successors and assigns and shall remain in full force and effect forever. It is agreed as follows: 1. The recitals and exhibits are incorporated by reference as if repeated verbatim herein. 2. BCI SSA 5 is legally described in Exhibit "A" and is depicted on Exhibit "B." The following previously permitted and conditional land uses are hereby eliminated from BCI SSA 5 land and the Property is henceforth prohibited from being used for the following: A. Residential Land Uses, also described as Land Use Layer 1. B. General Conditional Uses, also described as Land Use Layer 2. C. Earth Mining and Processing Uses, also described as Land Use Layer 3. D. Recreational Uses, also described as Land Use Layer 4. E. Agriculture - Group 1, also described as Land Use Layer 5. F. Agriculture - Support Uses, also described as Land Use Layer 6. All Land Use Layers are defined in Section 2.2.27.9.B.4.of the LDC (UDC Section 4.08.06(B)(4)). 3. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not inconsistent with the Agreement or the intent and purposes of this Stewardship Easement. Grantor may use the BCI SSA 5 only for the following land uses: A. Conservation, Restoration, and Natural Resources Uses are allowed on all of the Property, including the specifics thereof set forth in Section 2.2.27.9.B.4.b of the LDC (UDC Section 4.08.06(B)(4)(b)). B. BCI SSA 5 land, may also be used for Agriculture — Group 2 (Land Use Layer 7) as defined in Section 2.2.27.9.B.4. of the LDC (UDC Section 4.08.06(B)(4)) Agriculture — Group 2 uses cannot be expanded beyond existing areas or areas for which permits exist as of the date of SSA designation of said lands. Page 2 of 7 41902064- 136885 Vr. 011- BXHN -%M OU1 03312L64d00 - -0 Agenda Item No. 8EILCR >September 14, 2004 Page 24 of 29 C. Owner retains the right to construct and maintain farm and ranch roads to access its lands within BCI SSA 5 for the purposes retained herein. 4. The Grantees shall have the right to enjoin any activity on or use of the Property that is inconsistent with this Stewardship Easement and to enforce the restoration of such areas or features of the Property that may be altered by any inconsistent activity or use. 5. The following land management measures shall be undertaken as to BCI SSA 5 and the Owner of the fee title to the Property shall be the party responsible for such measures: In BCI SSA 5, on which Agriculture — Group 2 uses are the only remaining agricultural uses, land management measures will be those customarily utilized in ranching operations in Southwest Florida. These customary measures may include prescribed burning, mechanical brush control ( "chopping ") and other exotic and nuisance species control, fence construction and maintenance, selective thinning of trees, and ditch and ranch road maintenance. 6. Grantees shall not be responsible for any costs or liabilities related to the operation of or land management measures for the Property. 7. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. 8. References to the LDC are to those provisions of Section 2.2.27. of the Collier County Land Development Code in existence as of the date of this Stewardship Easement Agreement and those LDC provisions shall control as to all rights, obligations, implementation, entitlements, land uses eliminated and permitted, and interpretations, requirements, or issues relating thereto, notwithstanding any future amendments thereto. 9. Enforcement of the terms and provisions of the Stewardship Easement shall be at the reasonable discretion of Grantees, or either Grantee individually, and any forbearance on behalf of Grantees, or either of them, to exercise its rights hereunder in the event of any breach hereof by Grantors, shall not be deemed or construed to be a waiver of Grantees' rights hereunder. All costs and reasonable attorneys' fees incurred in enforcing, judicially or otherwise, the terms and restrictions of this Stewardship Easement shall be borne by and recoverable against the non - prevailing party in such proceedings. 10. Grantees will hold this Stewardship Easement for the purposes set forth herein and to ensure compliance with the terms hereof. Grantees will not assign their rights and obligations under this Stewardship Easement except to another organization qualified to hold such interests under the applicable state laws. 11. If any provision of this Stewardship Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Stewardship - Page 3 of 7 V=2004-138M vr.o+F-aia+� cw 033+24Xo4aoa -0 Agenda Item No. 8EIt;CR >September 14, 2004 Page 25 of 29 Easement shall not be affected thereby, so long as the purpose of the Stewardship Easement is preserved. 12. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor -in- interest. 13. This Stewardship Easement may be amended, altered, released or revoked only by written agreement of both Grantor and Grantees, which shall be filed in the Public Records of Collier County. TO HAVE AND TO HOLD unto Grantees, their successors and assigns forever. These covenants, terms, conditions, restrictions and purposes imposed with this Stewardship Easement shall not only be binding upon Grantor, but also its successors and assigns, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with Grantees that Grantor is lawfully seized of the Property in fee simple; that the Property is free and clear of all encumbrances; that Grantor has good right and lawful authority to convey this Stewardship Easement; and that Grantor hereby fully warrants title to the Stewardship Easement hereby conveyed and will defend same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day of .2004. BARRON COLLIER INVESTMENTS, LTD., WITNESSES: A Florida Limited Partnership IM (Signature) (Print full name) (Signature) (Print full name) Page 4 of 7 413021004-130M VW. 014 B.IOFIN" J 1 = 0392-0Ot -000- -0 Paul J. Marinelli Administrative Agent Agenda Item No. 8EIt;CR >September 14, 2004 Page 26 of 29 BARRON COLLIER INVESTMENTS, LTD., A Florida Limited Partnership WITNESSES: By: (Signature) Katherine G. Sproul, Trustee Juliet C. Sproul Testamentary Trust (Print full name) a General Partner (Signature) (Print full name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Easement Agreement was executed before me this day of , 2004, by PAUL J. MARINELLI, as Administrative Agent of BARRON COLLIER INVESTMENTS, LTD. Notary Public Name Certificate No. My Commission expires STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Easement Agreement was executed before me this day of ' 2004, by KATHERINE G. SPROUL, as Trustee of the Juliet C. Sproul Testamentary Trust, a General Partner of BARRON COLLIER INVESTMENTS, LTD. Notary Public Name Certificate No. My Commission expires Page 5 of 7 .noaao. ,xees v. mt eia+r�sa+ 03312-004-000--0 Agenda Item No. 8Elt;CR >September 14, 2004 Page 27 of 29 GRANTEES' ACCEPTANCE OF STEWARDSHIP EASEMENT Grantees, Collier County, Florida and the Florida Department of Agriculture and Consumer Affairs, by and through their undersigned representatives, hereby acknowledge and accept the Grantees' duties and responsibilities as specified in this Stewardship Easement Agreement. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER AFFAIRS M. WITNESSES: (Signature) (Print full name) (Signature) (Print full name) STATE OF FLORIDA COUNTY OF LEON Its: The foregoing Agreement was executed before me this day of , 2004, by as of the Florida Department of Agriculture and Consumer Affairs. Notary Public Name Certificate No. My Commission expires 4/302004- 1]0M VW..011- SJOHNSM Page 6 of 7 03312-0044DOO - -o ATTESTED TO BY: Agenda Item No. 8EIt;CR >September 14, 2004 Page 28 of 29 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DWIGHT E. BROCK, CLERK DONNA FIALA, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: PATRICK G. WHITE ASSISTANT COUNTY ATTORNEY Page 7 of 7 4r0100 +138005 V�r.011-WCHN30N tlVp 03912404000- -0 Agenda item No. 8EIt;CR >September 14, 2004 Page 29 of 29 STEWARDSHIP EASEMENT AGREEMENT Exhibit "A ": SSA Land Legal Description Exhibit "B ": BCI SSA 5 (1852.3 acre parcel) depicted on Map of SSA Land. AAS Ease Agr Five.doc Page 8 of 7 M90�29W- 1JBB05 Vr. 011- BJONN$ON Wtf 03912-004000--0 Agenda Item No. 8F September 14, 2004 Page 1 of 121 EXECUTIVE SUMMARY PUDZ-2002 -AR -3411 Carl M. Nagel, managing partner of CDN Properties LLC, and Thomas Craig, Craig Construction and Restoration, Inc., represented by Robert J. Mulhere, AICP, of RWA, Inc, and R. Bruce Anderson of Roetzel and Andress requesting a rezone from Agricultural (A) to Planned Unit Development (PUD) for a project to be known as the Nagel - Craig Business Park PUD to allow a maximum of 417,000 square feet of business park land uses in buildings not to exceed 42 feet in height on 37.5+ acres of property located on the west side of Collier Boulevard approximately % mile north of Vanderbilt Beach Road, in Section 34, Township 48 South, Range 26 East, Collier County, Florida. OBJECTIVE: Staff is requesting that the Board of County Commissioners consider this petition to rezone the subject site from an Agricultural zoning district to Planned Unit Development (PUD) zoning district to allow the development of a Business Park (as that term is defined in the LDC) project that would authorize a maximum of 417,000 square feet of total leasable floor area. This project is consistent and compliant with all the applicable codes and regulations, as limited in the enacting ordinance or the PUD document. Approval of this project should maintain this community's interests and further the goals, objectives, and policies of growth management rules of Collier County. CONSIDERATIONS: The proposed Nagel -Craig Business Park PUD is proposed to allow development of a Business Park. The petitioners have considered the Purpose and Intent of the Business Park (BP) zoning district Land Development Code (LDC) Section 2.2.16 ' /z. quoted below: The purpose and intent of the business park district (BP) is to provide a mix of industrial uses, corporate headquarters offices and business✓professional offices which complement each other and provide convenience services for the employees within the district, and to attract businesses that create high value added jobs. If is intended that the BP district be designed in an attractive park-like environment, with low structural density and large landscaped areas provided for both the functional use of buffering and enjoyment by the employees of the BP district: The BP district is permitted by the Urban Mixed Use, Urban Commercial, and Urban - Industrial Districts of the Future Land Use Element of the Collier County Growth Management Plan. In addition, the proposed project has been found consistent with the Growth Management Plan (GMP), as specifically addressed by staff with a special timing limitation contained in the effective date portion of the enacting Ordinance. This particular matter requires the Board's special consideration. At issue is the Collier Boulevard roadway classification at this location. Both the GMP and LDC require a Business Park to have direct access to an arterial roadway, as discussed at length in the GMP Impact section of this summary. Collier Boulevard at the subject location is not so classified; it is currently classified as a collector road. However, the Collier County Planning Commission (CCPC) heard the amendment to the GMP to reclassify the roadway on May 20, 2004. The Board of County Nagel Craig Business Park PUDZ- 2002 -Ai -3411 EXECUTNE SUMMARY for 9- 14- 04.doc Page 1 of 5 Agenda item No. 8F September 14, 2004 Page 2 of 121 Commissioners heard the amendment on June 8, 2004, as part of the GMP Amendment Transmittal hearings. Final adoption of those amendments is anticipated to occur in September or October of 2004. Staff has included a timing constraint clause in the proposed Ordinance for this project's rezoning action that states that the rezoning action on this petition is NOT effective until the roadway designation has been officially changed. The specific language states: This Ordinance shall not become effective until it is filed with the Secretary of State, and until the Collier County Functional Class Map in the Transportation Element of the Collier County Growth Management Plan (Map TR -3) identifies Collier Boulevard (CR 951) as an arterial roadway and then becomes effective, except that if the change required above to identify Collier Boulevard as an arterial roadway has not been adopted and become effective within one year from the date that the Board of County Commissioners adopts this Ordinance, then this Ordinance will not become effective and any implied PUD approval is deemed null and void. Thereafter, the project would be required to be resubmitted and reviewed in compliance with the entire public hearing process that would be required for a new PUD rezoning under LDC requirements in effect at that time. An in -depth analysis of this issue is included in the original staff report (prepared for the December 18, 2003 CCPC). Comprehensive Planning staff noted that the Board of County Commissioners had previously supported rezoning actions when amendments to the GMP were pending. The roadway issue is a Board of County Commissioner policy decision relative to the GMP. As already noted, staff has included language in the PUD document as well as the enacting ordinance to address the roadway issue. If the Board of County Commissioners is comfortable with staffs position, action can be taken on the rezoning request at the September 14, 2004 Board meeting. The Transportation Planning Department has reviewed the petitioners' Traffic Impact Statement (TIS) and they have determined that the project is consistent with Policies 5.1 and 5.2 of the Transportation Element of the GMP. In addition, the petitioners have agreed to provide additional rigbt -of -way along the future northern PUD boundary for future improvements to Wolfe Road and a connection to Mission Hills Boulevard (loop road) to the south. Zoning and Land Development Review staff believes this project is otherwise consistent with the overall goals, objectives and policies of the GMP, as previously noted, and believes that the timing constraint included in the enacting ordinance adequately addresses the roadway issue, but leaves the final determination of GMT policy up to the Board of County Commissioners. Zoning and Land Development Review staff has reviewed the project and has recommended approval of the rezoning believing the project meets the intent of the Business Park zoning district of the LDC. This petition is in compliance with all requirements of that district, and the petitioners have reduced the list of uses to less than what would be permitted in the Business Park zoning district overall, and further refined the proposed use list to address staffs concerns and those of the neighbors. FISCAL IMPACT: The rezoning of this PUD by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if Nagel Craig Business Park PUDZ- 2002 -AR -3411 EXECUTIVE SUMMARY for 9- 14- 04.doc Page 2 of 5 Agenda Item No, 8F September 14, 2004 Page 3 of 121 the property is rezoned, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. 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 identified projects in the Growth Management Plan Capital Improvement Element as needed to maintain adopted Level of Services (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, fifty percent (50 %) of the estimated Transportation Impact Fees associated with the project is required to be paid simultaneously with the approval of each final local development order. Other fees collected prior to the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: The subject property is currently designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) as identified on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). This district is intended to accommodate a variety of residential and non - residential uses, including mixed -use developments such as Planned Unit Developments. In addition, the Urban-Mixed Use District, Business Park (BP) Subdistrict, contained in the Future Land Use Element (FLUE) permits a mix of industrial uses and non - industrial uses. This rezone request is consistent with this Business Park Sub - district by providing specific uses and development standards, and as limited in the proposed Ordinance and PUD document regarding timing, the rezone request is consistent with the overall GMP. ENVIRONMENTAL ISSUES: The Environmental Review star has reviewed the petition and the PUD document. Any environmental concerns have been adequately addressed in the PUD document and on the Master Plan. This petition qualified for a waiver from the Environmental Advisory Council (EAC); and therefore, was not heard by that body. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not hear this petition as noted above. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was originally scheduled for a December 18, 2003, CCPC hearing, but it was continued by the petitioners to allow time to meet with the neighbors. The petition was heard by the CCPC on January 15, 2004. By a unanimous vote (9 -0), the CCPC forwarded Petition PUDZ- 2002 -AR -3411 to .._. the Board of County Commissioners (BCC) with a recommendation of approval, subject to the Nagel Craig Business Park PUDZ- 2002 -AR -3411 EXECUTIVE SUMMARY for 9- 14- 04.doc Page 3 of 5 Agenda item No. 8F September 14, 2004 Page 4 of 121 changes made by the petitioners during that hearing, and other limitations included in the CCPC motion as follows (an excerpt from that hearing is attached): Changes made by the petitioners include: 1. Height limitation of two stories or 30 feet (zoning height), whichever is less, for all buildings in Tracts B -3 and B-4; and 2. This project will comply with the architectural and site design standards and guidelines for commercial buildings and projects, as contained in LDC Division 2.8; and 3. Canopy tree height within the Collier Boulevard buffer will be a minimum of 12 feet; and 4. Buildings fronting on Collier Boulevard must be set back from the PLJD boundary a minimum of 75 feet; and 5. Overnight commercial vehicle parking must be contained to rear yards and it must be screened if adjacent to residential uses, Wolfe Road, Collier Boulevard or the Loop Road; and 6. Communication towers are prohibited in Tracts B -3 and B-4; and 7. The uses are further limited gs provided in the revised PUD document. Additional stipulations adopted by the CCPC include: 1. Auto rental uses are prohibited; and 2. This developer must provide roadway improvements to Wolfe Road and the Loop Road when this project has completed 350,000 square feet of floor area or five years from the date of -- approval of the petition, whichever comes first, unless the required improvements are made by others. However, an advertising error regarding the project's proposed height was discovered, and the petition was re -heard by the CCPC on August 5, 2004 specifically to allow the building height issue to be addressed. The petitioners are seeking to have buildings up to 42 feet high in some portions of the site, which is a deviation from the 35 -foot building height limitation of the Business Park zoning district, LDC Section 2.2.16 %2.2.5.5. At the August 5, 2004 CCPC hearing, a motion to continue was made by Commissioner Murray, seconded by Commissioner Adelstein; the vote failed 6 to 0. Commissioner Midney made a motion to approve, stating that he believed the roadway classification issue had been adequately addressed, and further he was "not convinced that the project would be "inconsistent with our county ordinances." Commissioner Strain seconded the motion. The motion resulted in a tie vote 3 to 3, with Commissioners Schiffer, stating that he thought the project would be an asset to the area if it was built appropriately; Midney, noting an influence because of job creation from this project; and Abernathy, voicing an opinion that the opposing development is "not anywhere near" this project; voting in favor of the motion. Commissioners Murray; Strain (voicing concerns about the project's intensity near residential uses), and Adelstein voting against the motion. Commissioner Strain made a motion to deny this petition, which was seconded by Commissioner Adelstein; that motion also resulted in a tie vote, with Commissioners Adelstein, Strain, and Murray voting for the denial motion. Commissioners Schiffer, noting the project would "not add anything new as far as traffic" and adding his belief that the residents of the area would utilize the project's tenants for services and employment, and voicing a comparison between this project and the Horseshoe Drive area, voting against the denial motion. Commissioners Midney and Abernathy also voted against the denial motion (assumably based .—. upon previously stated reasons). An excerpt from the draft minutes of the August 5, 2004 CCPC hearing is attached. Nagel Craig Business Park PUDZ- 2002 -AR -3411 EXECUTIVE SUMMARY for &14- 04.doe Page 4 of 5 Agenda Item No. 8F September 14, 2044 Page 5 of 121 Numerous meetings have been held between the petitioners (or their agents) and the property owners within Vanderbilt Country Club. It appeared at the January 15, 2004, Planning Commission hearing (CCPC) that no objection to this petition remained and agreement had been reached among the parties. Mr. Chappel Wilson, who stated that he represents 1,600 residents of the Vanderbilt Country Club and the Vanderbilt/951 Ad -Hoc Committee of which he is chairman, spoke at the CCPC hearing in support of the petition. However, some property owners raised opposition after that meeting. Therefore, the petitioners sought and received a continuance at the February 10, 2004 Board of County Commissioners hearing to allow additional time to meet with the neighbors. A meeting took place on May 21, 2004, between the petitioners' agents and the Vanderbilt County Club representatives, but outstanding issues between the two parties were not resolved. The petitioners requested that this petition be reactivated from that February 10, 2004 continuance and placed on the June 22, 2004 Board of County Commissioners agenda. Before that meeting took place, the petitioners decided they wanted the CCPC to address the height issue, so the petition was not heard by the Board on June 22, 2004, and instead was scheduled and heard by the CCPC on August 5, 2004. Although the petition has been scheduled and heard several times before the CCPC, the Board has never heard it. Several property owners spoke in opposition to the petition at the August 5, 2004 CCPC hearing. As a result, this petition could not be placed on the Summary Agenda. STAFF RECOMMENDATION: Staff analysis indicates that the proposed Nagel Craig Business Park PUD is compatible with surrounding land uses and is consistent with the applicable elements of the Growth Management Plan. Therefore, staff recommended that the Collier County Planning Commission forward Petition PUDZ- 2002-AR- 3411 to the Board of County Commissioners with a recommendation of approval subject to compliance with the Ordinance of Adoption and Exhibits thereto. Attachments: Excerpt from January 15, 2004 CCPC minutes Excerpt from draft August 5, 2004 CCPC minutes Nagel Craig Business Park PUDZ 2002 -AR -3411 EXECUTIVE SUMMARY for 9- 14- 04.doc Page 5 of 5 COLLIER COUNTY SoAf� O COUNTY COMMISSIONE" Nam Numpr B` Nem SNm—Y Th--1 T.— J— 22. S_C4 $CC. Puoz- AR - Y- I Ca' M. K—m. I Ll R-1 J 'C', L"-ng, 42 f— rwOAx 3T.53 f Approved By Approved By —c— L-;v;r —.. App—d By --y & Approved By App—" By Aw—, Hab Approved By App—" By App.-d By Agenda item No. 8F September 14, 2004 Page 7 of 121 Co er County SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: AUGUST 5, 2004 RE: PETITION: PUDZ- 2002 -AR -341 l; NAGEL -CRAIG BUSINESS PARK PUD AGENT /APPLICANT: OWNERS: Carl M. Nagel, Managing Member CDN Properties LLC 711 Fifth Avenue South Naples, FL 34103 AGENTS: Robert J. Mulhere, AICP RWA Consultants, Inc. 3050 N. Horseshoe Dr., Suite 270 Naples, FL 34104 Thomas Craig Craig Construction & Restoration 2770 S. Horseshoe Drive, Suite 4 Naples, FL 34104 R. Bruce Anderson, esquire Roetzel & Andress Trianon Centre, Third Floor 850 Park Shore Drive Naples, FL 34103 REQUESTED ACTION: The petitioner wishes to rezone approximately 37.5 acres of land currently zoned Agricultural (A) to Planned Unit Development (PUD) for a project that is known as the Nagel -Craig Business Park PUD. The project proposes a maximum of 417,000 square feet of total leasable floor area to allow development of a business park, as that term is used in the Land Development Code (LDC). PROJECT STATUS: The Collier County Planning Commission (CCPC) originally heard this petition on January 15, 2004, after a continuance from the December 18, 2003, meeting. The petitioner has requested that this petition be re -heard by the CCPC to address building height. The petitioner is seeking to have buildings up to 42 feet high in some portions of the site, which is a deviation from the 35 -foot building height limitation of the Business Park zoning district, LDC Section 2.2.16 %2.2.5.5. In the original staff report prepared for the December 18, 2003 CCPC hearing (copy attached), this deviation was identified as Deviation Number 3, and staff supported the deviation (page 7 of that staff report). However, the project's proposed maximum Nagel -Craig Business Park PUD- 2002 -AR -3411 rad3BBBF.tmp Page 1 of 4 Agenda Item No. 8F September 14, 2004 Page 8 of 121 building height was only advertised to allow 35- foot -high structures, therefore the petitioner removed that deviation from consideration at the January 15, 2004 hearing. At the January 15, 2004 hearing, the CCPC voted (9:0) to forward Petition PUDZ- 2002 -AR- 3411 to the Board of County Commissioners (BCC) with a recommendation of approval, subject to the changes made by the petitioner during that hearing, and other limitations included in the CCPC motion as follows: Changes made by the petitioner include: 1. Height limitation of two stories or 30 feet (zoning height), whichever is less, for all buildings in Tracts B -3 and B -4; and 2. This project will comply with the Architectural and site design standards and guidelines for commercial buildings and projects, as contained in LDC Division 2.8; and 3. Canopy tree height within the Collier Boulevard buffer will be a minimum of 12 feet; and 4. Buildings fronting on Collier Boulevard must be set back from the PUD boundary a minimum of 75 feet; and 5. Overnight commercial vehicle parking must be contained to rear yards and it must be screened if adjacent to residential uses, Wolfe Road, Collier Boulevard or the Loop Road; and 6. Communication Towers are prohibited in Tracts B -3 and B -4; and 7. The uses are further limited as provided in the revised PUD document. Additional stipulations adopted by the CCPC include: 1. Auto Rental uses are prohibited; and 2. This developer must provide roadway improvements to Wolfe Road and the Loop Road when this project has completed 350,000 square feet of floor area or five years from the date of approval of the petition, whichever comes first, unless the required improvements are made by others. All the changes noted above have been incorporated into the PUD document that is attached to the Ordinance. SUPPLEMENTAL ANALYSIS: As noted previously, the petitioners have asked that this petition be re -heard by the CCPC to address the increased height being sought in conjunction with the revised Deviation List, which is attached. The deviation is now identified as Deviation Number 4. Staff supported the deviation then and continues to support it now. As noted in the original staff report, the classification of Collier Boulevard (CR 951) was an issue in this petition because Collier Boulevard is classified as a collector roadway at this location. Both the GMP and LDC require a Business Park to have direct access to an arterial roadway, as discussed at length in the GMP Impact section of the original staff report. Since that original staff report was prepared, the roadway classification issue has changed somewhat. Transportation Planning staff submitted a GMP amendment to re- classify the roadway from a collector to an arterial. The CCPC heard the amendment to the GMP to reclassify the roadway Nagel -Craig Business Park PUD- 2002 -AR -3411 rad3BBBFArnpPage 2 of 4 Agenda Item No. 8F September 14, 2004 Page 9 of 121 on May 20, 2004, and the Board of County Commissioners transmitted the amendment as part of the GMP Amendment Transmittal hearings on June 8, 2004. Final adoption of those amendments is anticipated to occur in September or October of 2004. Comprehensive Planning staff recommended that the project be deemed consistent with the Growth Management Plan (GMP). A timing constraint clause within the effective date language of the enacting Ordinance states that the rezoning action on this petition is NOT effective until the roadway designation has been officially changed. Thus, the petition can be deemed consistent with the GMP. Additionally, the Statement of Compliance, Section Le. of the PUD document states that the county will accept no applications seeking development approvals until Collier Boulevard is classified as an arterial roadway at this location. Therefore, development of this site will comply with the LDC. An in -depth analysis of the roadway issue is included in the original staff report prepared for the CCPC. Comprehensive Planning staff noted that the Board of County Commissioners had previously supported rezoning actions when amendments to the GMP were pending. This petition was originally scheduled for a Board of County Commissioners (BCC) hearing on February 10, 2004, but the petitioners sought an indefinite continuance "to allow additional time to work with Vanderbilt County Club residents, to attempt to resolve any outstanding issues of concern." The petition was reactivated by the petitioners and scheduled for the June 22, 2004 BCC agenda. The petitioners then decided that they wanted to pursue the height deviation, and notified staff asking that this petition be again scheduled for the CCPC instead of the BCC. Numerous meetings have been held between the petitioners (or their agents) and the property owners within Vanderbilt Country Club. It appeared at the Planning Commission hearing (CCPC) that no objection to this petition remained and agreement had been reached among the parties. Mr. Chappel Wilson, who stated that he represents 1,600 residents of the Vanderbilt Country Club and the Vanderbilt/951 Ad -Hoc Committee of which he is chairman, spoke at the CCPC hearing in support of the petition. However, some property owners raised opposition since that meeting. It now appears that no compromise has been reached among the parties. Staff received a faxed letter on July 7, 2004 from the legal counsel representing Vanderbilt County Club, stating it is their belief ". . . that the uses proposed in the application are inconsistent with the adopted growth management plan and elements thereof, [and we] will request the CCPC not recommend this application for approval." STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PUDZ-2002- AR4311 to the Board of County Commissioners with a recommendation of approval of the rezoning request from the Rural Agricultural to PUD, finding that rezoning action is consistent with the Growth Management Plan, subject to the limitations and commitments that are incorporated in the PUD document and the Ordinance that accompanies the PUD document. Nagel -Craig Business Park PUD- 2002 -AR -3411 rad3BBBF.tmpPage 3 of 4 Agenda Item No. 8F September 14, 2004 Page 10 of 121 PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RAY BELLOWS, CHIEF PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN Attachments: Staff report prepared for December 18, 2003 CCPC hearing Supplemental staff report prepared for the January 15, 2004 CCPC hearing Revised Deviation List, dated July 8, 2004 Nagel -Craig Business Park PUD- 2002 -AR -3411 rad3BBBF.tmpPage 4 of 4 46 "A9 Page 11 of 121 CO er County SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVI1sW COMMUT41TY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION HEARING DATE: JANUARY 15, 2004 RE: PETITION: PUDZ- 2002 -AR -3411; NAGEL -CRAIG BUSINESS PAFX PUD SUPPLEMENTAL ANALYSIS: The Collier County Planning Ccmmission (CCPC) was scheduled to hear this petition at the December 18, 2003, meeting. The petitioner sought and received a continuance until January 15, 2004, to allow the petitioner's representatives the opportunity to meet with some Vanderbilt Country Club property owners who had contacted him. The property owners asked that changes be made to the project's proposed uses to limit or delete some of the u: es proposed within the project. Meetings were conducted between the petitioner and those property o vners during the week of December 29, 2003; negotiations are still underway, with correspondences pending as this report is being prepared (January 5, 2004). Due to the holidays, the negotiations have not been finalized. The petitioner will present a revised PUL) document at the CCPC hearing and explain the changes proposed The current PUD document was forwarded to the CCPC as part of the staff report for that December 18, 2003, hearing. In addition, the petitioner has revised Deviation # 1, withdrawing that portion of the deviation seeking to reduce the eastern perimeter proj --ct buffer (along Collier Boulevard/CR 951). Staff is supportive of this change. A copy of the petitioner',; revised Schedule of Deviations is attached The Department of Zoning and L-Lnd Development Review staff recommendation remains th �- same. Staff is still recommending approval of the overall rezoning to PUD. Initial analysis indicated that this PUD was consistent with the Growth Management Plan and the project would be compatible with the surrounding neighborhood. In general, although staff has not reviewed the proposed changes, staff most likely will not have any objections to the proposed changes because the changes should result in a less intense project, thus approval remains justified. Staff recommends that the Planning Commi:;sion forward this petition to the Board of County Commissioners with a recommendation of approval. Nagel -Craig Business Park PUD-2002-AR-3411 Supplemental Staff Report 1- 5- 04.doc Page I of 2 Agenda Item No, 8F September 14, 2004 Page 12 of 121 PREPARED BY: %i N 1- - , 50 KAY bEVELEM, AICP, PRINCIPAL PLANNER DATI3 DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: r?4� I-- 5 -0 RAY 14LLOWS, CHIEF PLANNER DATI: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW USAN MURRAY, AICP, INTEFJM VMECTOR DATI DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOS H K. SCfBnn DATE CQrfUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION ADMIMISTRATOR COLLIER COUNTY PLANNING" COMUSSION: RUSSELL A. BUDD, CHAIRMAT' Attachment: Revised Schedule of Deviations, dated January 5, 2004 Nagel -Craig Business Paris PUD- 2002 -AR -Mill Supplemental Staff Report 1- 5.04.doc Page 2 of 2 Agenda item No. 8F September 14, 2004 Page 13 of 121 '•I SCHEDULE OF DEVIATIONS (AND NARRATIVE EXPLANATION AND JUSTIFICATION) 1. Deviation from I.DC Section 2.2.16 Y2.2.4 (7) to allow for a five -foot reduction in the required northern, and southern perimeter buffers from 25 feet to 20 feet. These 20 -f6ot- wide buffers shal l be designed to be opaque within one year with a six-foot wall, fence, hedge, or berm, cr combination thereof and two staggered rows of trees spaced no more than 30 feet on center and a meandering LDC Type D landscape buffer hedge. in addition, a minimum of 50 percent of the buffer area shall be composed of a :meandering bed of shrubs and ground covers other than grass. Explanation and Rational for Deviation Request: LDC Section 2.2. J -6 %.2.4 (7) reads as follows: A 25 foot wide landscape buffer shall be provided around the boundary of the business park A six-foot tall opaque architecturally finished masonry wall, o.r berm, or combination thereof shall be required and two staggered rows of trees spaced no more than 30 feet on c ?rater shall be located on the outside of the wal4 berm, or bermfwall combination The project is unique in that it will be surrounded on three sides (north, east & south) by roadways (two of which do not currently exist and which will be facilities„ in part, by reservation/ dedication of land from Nagel -Craig Business Park). To the north is Wolfe Road, which is intended to become a public road at such time as all necessary ROW is reserved and acquired. The Nagel -Craig PUD provides for a 40 -foot wide reservation (for first 500 feet east of Collier Boulevard) and a 30 -foot reservation along the balance of the project's northern boundary for Wolfe Road. Wolfe Road will provide a significant public benefit by reducing impacts on the intersection of Collier Boulevard and Vanderbilt Beach Road, by allowing residents and guests, and employees and clients of properties along; Wolfe Road and to the north and west of Wolfe Road to travel north and south withow: impacting this intersection. The same benefit is derived from the smaller loop road that will be constructed around the newly approved shopping center in Mission Hills PUI) to the south of the Nagel -Craig PUD. A significant portion of this loop road is located on Nagel Craig PUD property. Once constructed, the road will be dedicated to, and maintained by, the County. Transportation staff requested both the smaller loop road and Wolfe Road There is a significant public benefit to the widening of Collier Boulevard and the establishment of the loop road and Wolfe Road This request simply minimizes the impacts of these reservations on the property owner, without compromising the intent of the perimeter buffer requirements. The requested 20- foot wide buffer will be visually attractive given the planting requirements. The five -foot reduction will not will not be discernable to passing motorists and pedestrians, nor will it have a deleterious :Impact on the health and survivability of the plantings. The buffer will be designed to be virtually opaque within one year. To approve such a deviation will not set a precedent, as there are no ether known examples of business park district zoning surrounded on three sides by roads to be or roadway easement . to be dedicated by the applicant, as is the case here. Additionally, it Nagel -Craig Business Park; PUD- 2002 -AR -3411 Page 1 of Schedule of Deviations (Narrative Explanation 8 Justification) 115104 Agenda Item No. 8F September 14, 2004 Page 14 of 121 will actually make the project consistent with the LDC requirements for 20. Type D landscape buffering adjacent to vehicular right -of -ways per LDC Sec.2.4.7.4 Table 2.4. It is justifiable to approve the requested 5 -foot reduction perimeter landscape buffer width, when one uy. isiders that: a) We will be planing all required vegetation; b) The requested 20 -foot wide buffer will be equal to or greater than buffers on adjacent properties; c) The 5 -foot redi..ction will not be discernible to motorists or pedestrians, since the LDC requires a 6 -foot wall, berm, or combination thereof, to be install !d within perimeter landscape buffer; and, d) None of these perimeter buffers (north, south and east) are adjacent to residential development, where clearly the wider buffer is justified e) Finally, we have agreed that: (1) A minimum of 80% of the required trees per Section 2.2.16 %2.2.4.7 :shall be located v rithin the 20 foot perimeter buffers, placed no more than 30 feet on center; and, (2) One or more additional landscape/greenspace areas totaling 11,000 square feet and not boss than 4,000 square feet in any single location shall be located internal to the Business Park or clustered at Park entrances. This additional landscape:/greenspace area shall include at a minimum the balance of the trees not requid per paragraph (a) above, but normally required within the 25 -foot Business park perimeter buffer by Section 2.2.16 %2.2.4.7. 2. Deviation from LDC Sections 2.6.11.4.2 and 2.2.16 %2.2.4 (7) to waive the requirement for a six -foot tali opaque architecturally finished masonry wall, or berm, or combination thereof within the PUDs western perimeter buffer. Explanation and .Rptional for Deviation Request- LDC Section 2.6.11. • i. 2 reads as follows: Walls and fences required contiguous or opposite residentially zoned districts. Whenever a nonre . idential development lies contiguous to or opposite a residentially zoned district, said nonresidential development shall providt a masonry wall or pri fabricated concrete walUfence. If located on a contiguous property, the wallifawe shall be a minimum of six feet and a maximum of eight feet in height and shall be located a minimum of six feet from the residentially zoned,district. Yon .a property opposite a residentially zoned district butfronting on a local street, or the properties are separated by a platted alley, the walUfence shall be located a .ninimum of three feet from the rear of the right-of-way landscape buffer line and shall be four feet in height. On properties which front on more than one st -eet, a six-foot high walUfence shall be required along the street which is opposite the primary ingress and egress point of the project along the street frontage which is adjacent to the rear of the project. Nagel -Craig Business Park; PUD- 2002 -AR -3411 Page 2 of 5 Schedule of Deviations (Narrative Explanation B Justification) 1/5/04 Agenda Item No. 8F September 14, 2004 Page 15 of 121 At the applicants' request, the planning services director may determine thw a masonry wallIfence is not warranted, particularly where the local street hes contiguous to the .•ear of a residence or some other physical separation exists between the residential development and the nonresidential development, orb °or other good cause including the existence of a wall on an adjacent residential development. The applicant shall demonstrate that the intent of this section can be effectively acct mplished without constructing a wall, by submitting for the approval of an alternative design, and a descriptive narrative through the administrative var,*ance process set forth in subsection 2.6.11.5.7. of this Code. The planning services director will review the submitted documents .for consistency with the intent of this section and if the administrative variance is approved the fact of the approval and basis for it shall be stated in the site development plan c pproval letter. Section 2.2.16'/'/ :.2.4 (7) reads as follows: A 25 -foot wide lan4cape buffer shall be provided around the boundary of the business park A : ix foot tall opaque architecturally finished masonry wall, or berm, or combination thereof shall be required and two staggered rows of trees spacers no more thin 30 feet on center shall be located on the outside of the Nall, berm, or bermhval' combination. Currently, no portion of the property is adjacent to residential uses. The portion of the property that will be adjacent to the future residential uses, assuming the `Wolf Creek PUD is approved, will be separated from those residential uses by significant retained and replanted native vt getation preserves. Further separation will be provided in the form of stormwater managg;ment lake facilities. It must be understood that minor revisions to the boundaries of the Ireserves (both created and retained) may occur. The native, vegetation buffer width is, at its narrowest point, a minimum of fifty feet in width. The native vegetation makes a substantial buffer between the adjacent residential and the business park. These preserves, both existing and planted will provide for a more than adequate buffer, when coupled with the roadway and the buffer on the adjacent. residential development. The deviation request has been revised to indicate that at the time of SDP, a landscape plan will be submitted depicting existing retained vegetation, vegetation to be planted as mitigation for natil,e vegetation retention, and, where necessary, supplementta vegetation within retained native vegetation areas to result in vegetative screening of the business park uses from the adjacent residential property. The purpose of the wall requirement is to ensure that the adjacent residential land uses are adequately buffered from the business park. uses. .In the case at hand, structures are limited to a height of 35 feet within 100 feet of the adjacent proposed residential PUD. Moreover, no outside storage is permitted in the PUD. Thus, there are no concerns relative to tall buildings, or noise, or odors, that might be generatol from the business park uses, as we have agreed to limit building heights to 35 feet riot to exceed one story within 100 feet of residentially zoned property. The existing native vegetation areas, coupled with the proposed replanted vegetation areas, water manai;ement lake, and buffers that will be installed on the adjacent future residential PUD will more than adequately screen the residential uses from the business Nagel -Craig Business Paris; IUD- 2002 -AR -3411 Page 3 of 5 Schedule of Deviations (Namathe Explanation & Justification) 1t504 Agenda Item No. 8F September 14, 2004 Page 16 of 121 park. The vegetation within the preserve areas will be supplemented, where necessary to ensure virtually opE.que buffer. Please keep in mind that the adjacent. residential PUD is required to provide: a Type B "Fifteen- foot -wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at planting." So, in actuality, the buffer between thes .- uses will be at least 65 feet in width, and in most cases significantly wider. This will be virtually opaque and shall be adequate to buffer the: adjacent residential uses. 3. Deviation from LDC Section 2.2.16 %2.2.5.5 which limits building heights in the Business Park district to 35 feet to allow building heights up to 42 feet in height when located a minimum of 100 feet from any residential zoned property. Explanation and Rational for Deviation Request: This request is consistent with the allowable height in the Mission Hills PUD immediately to the south. Allowing the increased building height of 7 feet will. allow for architectural roof design flexibility, and higher ceilings, within a three story building, which is appropriate for professional office uses and corporate headquarters. The district purpose and intent indicates that the BP district be "designed in an attractive park -like environment, with I(:.w structural density and large landscaped areas provided for both the functional use of buffering and enjoyment by the employees of the BP district." The allowance for slightly taller buildings will clearly allow for 3 -story office structures designed with architectural embellishments and enhanced roof design. Since: the total square footage of the. park is limited to 417,000 square feet, encouraging the development of 3 -story office bui tdings will further the purpose and intent of the district by reducing building coverage End increasing land available landscaping and open sp tce. The allowance is not in ,onflict with the intended low structural density, which arguable is achieved through open spaces and landscaping and not necessarily througi reduced height, particularly since 3 -story buildings can be achieve in 35 feet. The additional 7 feet requested simply creates an opportunity for greater architectural design :Flexibility, primarily for office uses located on the second or third floor of a building, and for a flexible roof design chat will be much more aesthetically appealing, such as a gable roof design versus a flat roof design. Moreover, the only planned future residential zoning adjacent to the PUD is along the western boundary CWolfe Creek PUD). The PUD Master plan provides for native vegetation preservation retention and mitigation areas along the western boundairy, which are at minimum 50 feet in width and on average more than 100 feet in width.. The perimeter buffers and perimeter roadways, coupled with the predominant; of non- residential uses adjac -nt to the project ensures that the additional building height will not result in an incompatibility issue. We have agreed, as was discussed with staff on July 29`h, to limit building height to 35 feet not to exceed one story (the same building height that is permitted in the single - family residential distinct) within 100 feet of :- esidential zoned property. This will also ensure an appropriate transition required under- Division 2.8. Nagel -Craig Business Park; PUIa- 2002 -AR -3411 Page 4 of 5 Schedule of Deviations (Narrative Explanation & Justification) 1/5/04 I 1 Agenda Item No. 8F September 14, 2004 Page 17 of 121 4. Deviation from LDC Section 2.2.16 %2.2.1 and 2.2.16 %2.2.3 which identifies Permitted Primary and Secondary uses, respectively, to allow for the following additional uses which are not specifically identified in 2.2.16 %2.2.1 and 2.2.16 %.2.3, but which are comparable in nature to many of the uses that are expressly permitted and which are desirable uses within the business park. a. Permitted Principal Uses and Structures: 1. Building construction- general contractors (groups 1521- 1542). 2. Landscape Counseling and Planning (0781) b. Accessory Uses to Permitted Prunary and Secondary Uses: 1. Automobile rental (group 7514), accessory to a permitted hotel/motel (group 7011) only. Explanation and Rational for Deviation Request: The deviation requ .-st for these few uses is based upon their comparable nature: with other expressly permitted uses in the district. We have provided substantial buffering, especially from the proposed future residential to the west. We intend to develop very attractive building: in a. "park -like" setting. Outdoor storage of equipment is prohibited, and parking of commercial vehicles is only permitted in rear yards. Building construction - general contractors (groups 1521 - 1542), which includes general building contractors, for both residential and non - residential buildings, including industrial and warehouse buildings, is not in any significant way different from Specialty trade contractors group (1711 — 1799), which is permitted in the Business Park zoning district. Thus, a deviation is being requested. Please remember that outside storage is not permitted anywhere, in the park. If specialty contractors are located within thy; park, then it makes sense to pe)tentially allow for general contractors to be located within the park as well, assuming that equipment and material storage will be located elsewhere and that primarily the park would accommodate a company headquarters/office facility (with respect to both general and specialty trade contractors). The SIC Code describes Landscape Counseling and Planning (0781) as Establishments primarily engaged landscape planning and in perform landscape architecture and counseling service.,.. This is a use that is very similar to the permitted (Engineering, accounting, research, management and related services (groups 8711 - 8748). In fact, many full- service consulting firms provide landscape architecture services in addition to civil engineering. F Tanning, surveying ad the like. To exclude this use doers not make sense. The auto rental use: is only anticipated as a support (accessory) use to a potential lodging facility (hotel/motel ). Nagel -Craig Business Park; P UD- 2002- AR_3411 Page 5 of 5 Schedule of Deviations (Narrative: Explanation & Justification) 1/5104 f M061D Page 18 of 121 � c0 *87 County STAFF REPORT COLLIER COUNTY PLANNING COWNIISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL - SERVICES DIVISION HEARING DATE: DI17CEMBER 18, 2003 SUBJECT: PETITIOYv PUDZ - 2002 -AR -3411 AGENT /APPLICANT: OWNER: Carl M. Nagel, Managing Member AGENT: Thomas Craig CDN Pro_xrties LLC Craig Construction & Restoration 711 Fifth Avenue South 2770 S. Horseshoe Drive, Suite 4 Naples, FL 34103 Naples, FL 34104 REQUESTED ACTION: The petitioner wishes to rezone approximately 37.5 acres of land • currently zoned Agriculurai ( "A ") to Planned Unit Development (PUD) which will be known as the Nagel- Craig Busine<s Park PUD. The project proposes a maximum of 417,000 square feet of total leasable floor area to allow development of a business park. GEOGRAPHIC LOC XION: The subject PUD is located at the west side. of Collier Boulevard (County Road 951) in the southwestern quadrant of the intersection of Wolfe Road and Collier Boulevard, approximately one - quarter mile north of Vanderbilt Beach Road in Section 34, Township •48 South, Range 26 East, Collier County, Florida. (See illustration ou the following page.) PURPOSE/DESCRIPTION OF PROJECT: The proposed 37.5 ± -ac-e PUD is intended to allow far _business park uses (pursuant to LDC Section 2.2.16%) on property that is cleared, but undeveloped except for a plant nwsery/landscape business operation operE.ting on a 3.6 -acre area located near the center of the site. There is a small (0.37 acre) Palmetto - Pn.irie community in the southwestern corner of the parcel, End a 7.95 -acre :Pine Flatwood community in the southern portion of the property and along the w ztem property line. The subject property is adjacent to an undeveloped- residential PUD zoned project on this subject property's west. -m boundary and an undeveloped commercial PUD on the southern boundary. GACurrentXDeselernWD Rezonex1Nagel Craig Business Paris PUD AR- 2002- AR- 341 IWAFF REPOR1.doc Pape 1 of 11 Agenda Item No. 8F September 14, 2004 Page 19 of 121 The PUD document co:itains the following table depicting the proposed land uses with_ in this project: • �a grid llseM _ • Land Use Acreaae Water Management Lakes (L) +/_ 2.5 acres Future ROW Reservation/Dedication (ROW) +!_ 4.0 acres Existing Native Vegetation Preserve Areas (PN) +/- 2.5 acres Native Vegetati)n Mitigation Areas (PM) +/_ 2.0 acres' I Total Native Vegetation (PN + PM) +/- 4.5 acres Business Paris Development Tract(s) (B) +/- 27,5 acres Total Project Si!e 37.5 acres Total Project Sire Less ROW Dedication +/- 33.5 acres ' Approximately 1.0 acre of the required 2.0 acres of Native Vegetation Replanting/Mitigation area (PM) is depicted on the Master P1,an. The balance will be provided within the Business Park Tract(s) (B). All such replanted native vegetation mitigation areas must be in compliance with LDC section 3.9.5.5 If approved, the development plan will allow a maximum of 417,000 square feet of "primary- uses--General Light Industrial Uses; a maximum of 125,100 square feet of second<<ry uses along with water management and open space areas and the requisite roadways and landscaping.. The petitioner is seeking four deviations from Collier County Land Development Code. These deviations are explained;md analyzed within this report. SURROUNDING LAND USE AND ZONING: (See attached Zoning Mal)) North: Wolfe Road, then an Agriculturally ( "A ") zoned tract that is to be used for grater retention purposes for the expansion of Collier Boulevard (CR -951) East: CR 951, then ".A' zoned lands that are currently being cultivated and used for agricultural purposes. South: Mission Hills PUD (approved by Ordinance Number 2003 -03), an undeveloped 33±acre site to be develop:d with up to 200,000 square feet of leasable commercial floor area West: Wolf Creek PUD (approved by Ordinance Number 2003 -45), an undeveloped 147± acre site proposed to be developed with a maximum of 591 dwelling units, at a gro ,,s density of 4 units per acre Aerial Photo GACurrentlDeselem\PUD RezoneslNagel Craig Business Park PUD AR- 2002 -AR -341 MTAFF REPOR1.doc Paga 2 of 11 GROWTH MANAGEMENT PLAN CONSISTENCY: Agenda Item No. 8I= September 14, 2004 Page 20 of 121 Comprehensive Planning: Staff has reviewed this petition and has provided a memo dated October 7, 2003 that contains their analysis and recommendation. That memo is quoted below, with the requirements of the GMT, shown in italics and staff comments following. -1-he subject property is designated Insert Land Use Designation, as identified on the Future Land Use Map of the Growth Management Plan. The subject property is currently deli gated Urban (Urban - Mixed Use Disrict, Urban Residential Subdistrict) as identifies] on the Futue Land Use 1%lap of the Growth Management Plan. This district is intended to accommodate a variety of residential and non - residential uses, including mixed -use developments such as :Planned Unit Developments. In addition, the Urban-Mixed Use District, Business Park Subdistrict, contained in the Future Land Use Element permits a mix of industrial uses and non- industrial uses. The petitioner asserts this rezone request is cons_ istent with this Business Park Subdistrict. (The BP re:)ning district in the LI C implements this Subdistrict by providing specific uses, development standards, etc.) This Subdistrict is listed below, with comprehensive planning staffs comments following each criterion [in bold and brackets]. The Business Park Subdistrict is intended to provide for a mix of industrial uses and non - industrial uses, designed in an attractive park -like environment with low structural density where building coverage ranges between 25% to 45% and landscaped areas provide for buffering and eiyoyment by the employees and pa Irons of the Park This rezone request is consistent with this Business Park Sub - district by providing specific uses and development standards. a Business Parks si:all be permitted to include up to 30% of the total acreage for non- . industrial uses as identified below in c. [PUD sets forth that the Permitted Secondary Uses shall be limited to a maximum of 30% of the total acreage. Ideally, the PUD Master Plan would depict the tracts /areas devoted to these non -industrial uses (Secondary Uses). A less desirable alternative is to only identify these uses on each SDP submittal in this PUD. The petitioner has agreed to the latter.] b. Access to arterial road systems shall be in accordance with the Collier County Access Management Policy and consistent with Objective 7 and Policy 7 1 _ of the Tra,�ie Circulation Sub - Element. [Review for access compliance is made by the Transportation Division.) C. Non - industrial uses may include uses such as certain offices, financial institutions, retail services, institutioisal, cultural facilities, medical facilities, hotel/motels at a density of 26 units per acre and recreational facilities. Retail uses shall be limited to those uses which serve the employees of businesses within the Park or are related to the products, goods and services that are manufactured distributed produced or provided by businesses in the Park [PUD sets f )rth permitted primary and secondary uses, some of which are not provided for mi the Business Park zoning district. However, Comprehensive Planning staff' finds the deviation justification submitted by the petitioner to be reasonable and acceptable.] d. When a Business Park is located within the Urban Commercial District or Urban Mixed Use District, the industrial uses shall be limited to light manufacturing, processing, and packaging in fully unclosed buildings, research, design and product development, printing, lithography and publishing; and similar light industrial uses that are comparble with non- -410 industrial uses permitted in the district: and, the Planned Unit Development Ordinance or Rezoning Ordinanwe for: a Business project shall list specifically all permi.fted uses and development standards consistent with the criteria identified in this provision. [Subject site G:wurrentv)ewiamV.W Rezones%f laget Craig Business Park PUD AR- 2002- AR- 341 1%STAFF REPOR1.doe Page 3 of 11 Agenda Item No. 8F GACurrent0eselernlPUD Rezoneslh iagel Craig Business Paris PUD AR- 2002- AR- 341 11STAFF REPOR1.doe Page! 4 of 11 September 14, 2004 Page 21 of 121 is in the Urban -Mixed Use District. PUD sets forth a list of permitted uses some 1 which are not permitted in the BP zoning district.. However, Comprehenive Planning staff finds the deviation justification submitted by the petitioner to be reasonable and acceptable.] e. Business Parks must be a minimum of 35 acres is size. [Subject site comprises 37.50 acres.] f. Business Parks located within Interstate Activity Center quadrants that per.nit Industrial Uses shall also I e required to meet the standards as stated under the Interstate Activity Center Subdistricrt for commercial and industrial land uses. [N /A; site is not in an Activity Center.] g. Business Parks shall adopt standards for buffering; landscaping; open space, signage, liglaing, screening of outdoor storage, parking and access management. [P1JD sets forth standards, some of which are not pursuant to the BP zoning district. Comprehensive Planning staff yields to the judgment of Current Planning staff regarding these requested deviations and the petitioner's submitted justification.] h. When located in a District other than the Urban Industrial District, the Business Park must have direct acce.-s to a road classified as an arterial in the Traffic Circulation Sub - Element. [ Projec-t proposes access to Collier Boulevard (C.R. 951), which is a collector road. The peationer has provided a letter dated 7/30/03 from 'Don Scott, Transportation Planning Director, indicating the Transportation Planning Department intends to initiate a GMP amendment to change the designation of Collier Blvd. to an arterial roadway; the petitioner would like the County to approve this rezone contingent upon that GMT amendment being adopted and becoming effective. If the Transportation Element were successfully amended to change the classification of Collier Blvd. to an arterial, then the Business Park Subdistrict direct • access criterion would clearly be met. The one potential issue staff sees is one of timing -it is a policy decision for the BCC whether or not to apprnve a rezone contingent upon a GMP amendment ( "cart before the horse "). The BCC has certainly done this before but. it was in context of the EAR -based amendments adopted in 1997 and not at issue with DCA, but not put into effect until May 2000 - the BCC did approve a handful of rezones contingent upon thost: EAR -based amendments becoming effective. The question there was when wall the GMP . amendments become effective, not if they will become effective, as is the case here. Though staff does not anticipate the BCC denying the classification change, nor do we anticipate a non - compliance finding by DCA, nor do we anticipate a Challenge being filed to a DCA compliance determination, all of this is unknown. The petitioner has, at staff's request, added a statement to the PUD - in the Statement of Compliance, and in Sections III and IV — that "No subsequent development orders will be approved until an amendment to the Transportation Element has been adopted and become effective that changes. the classification of Collier Boulevard (C.R. 951) to an arterial road."] i. Business Parks are encouraged to utilize PUD zoning. [Project was submitteA as a PUD.] j. The maximum additional acreage eligible to be utilized for a Business Park Subdistrict within the Urban -Mixed Use District is 500 acres, exclusive of open space and conservation areas. [Site is 37.50 acres total, 27.5 acres exclusive of open space and conservation area:; (and right -of -way for external roads). One other project has been approved under this Subdistrict in the Urban -Mixed Use District, ASGM Business Center PUD (40.88 acres total, 26.3 acres exclusive of open space and conservation uses).] GACurrent0eselernlPUD Rezoneslh iagel Craig Business Paris PUD AR- 2002- AR- 341 11STAFF REPOR1.doe Page! 4 of 11 Agenda Item No. 8F September 14, 2004 Page 22'of 121 On September 10, 2003, the BCC adopted amendments to the FLUE, including changes to the Business Park Subdistrict. These amendments are not yet in effect but are anticipated to become effective on or about Nov. 29, 2003. The only change of substance is to apply the 30'%o limitation in paragraph "a." to building square footage in addition to site acreage. As this PUD already includes this limitation, there are no new consistency issues or concerns raised by the Sept. 10 amendments. ANALYSLS: Staff has completed a comprehensive evaluation of this land use petition and the criteria on which a recommendation must ':)e 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 specifii-mlly noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus pRuiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planting Commis;;ion to the board of County Commissioners (BCC). These evaluations are completed as separate domments and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis :.or 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 GIAP in all of its related elements (See Exhibit "A" and Exhibit "B'). In addition, staff has prodded the analyses from the different disciplines within the county who are charged with the review of land use petitions. Brief summaries of those analyse;; are provided below. Environmental Analysis: Environmental Services Staff has reviewed the petition and the PUD document and have addressed any concerns within the PUD document and the Master Plan. This petition qualified for a waiver from the Environmental Advisory Council and the petition was therefore not heard by thi t body. Transportation Analysis: Transportation Department Staff has reviewed the petition has come to agreement with the petitioner regarding right -of -way reservations along Collier Boulevard and Wolfe Road, to address potential and planned improvements to those roadways. Concerns raised have been adequately addressed in the Transportation Section of the PUD document. Transportation staff has also been involved in the roadway classification issue with Comprehensive Planning, Zoning and. Land Development Review staff and the applicant. In a letter dated July 30, 200.3 (copy attached), Transportation Planning staff has indi4mted that it is their intention to pursue a reclassification of this segment of CR 951. Utility Issues: The Utilit.es Department Staff has reviewed the petition and provide language in the PUD document to address potable water, reclaimed water and wastewater, as well solid waste collection and solid waste disposal. Zoning Department Analysis: Relationship to Existing aid Future Land Uses: G:1CurrentU)eselem\PUD RezoneeNagel Craig Business Paris PUD AR- 2002- AR3411%.STAFF REPOR1.doc PagD 5 of 11 Agenda !tern No. 8F ' September 14, 2004 Page 23 of 121 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 tt.e requirement or limitations set forth in the Future Land Use EIement (FLUE) of the Growth Management Plan (GMP). The proposed uses are consistent mith the GNP, which pro-,ides criteria for the location of business park uses. The actual uses proposed, as limited in the PUL) document, sliould be compatible with the future land uses that may be developed on adjacent tracts. As discf:med from the aerial photograph, the surrounding zoning discussion and the Master Plan, the site will be separated from other development by roadway to the north (Wolfe Road), to the east (Collier Boulevard), and to the south (the Loop Road approved in the Missions Hills PUD). To the west, the subject property abuts the Wolf Creek PUD that was approved on ceptember 23, 2003. The Master Plan approved for that project indicates residential uses are plann�A to abut the subject property of this request. The Master Plan does not indicate what type of residential uses will abut the subject site, however a mixture of residential types, including single - family attached and detached housing, two family and multi- family uses are approved for Wolf Creek PUD, with structures allowed up to 42 feet high in three stories. The petitioner is proposinE; a maximum height of three stories, nct to exceed forty-two (42) feet, and has agreed to further limit structures within 100 feet of a reside=ntial zoning district to thirty -five (35) feet not to exceed one story. Walls and buffering are : ommonly used to separate or increased the distance betvieen different uses. The petitioner ha,; sought deviations to from the wall placement requirel. ents, but has provided justification to support the deviations. Staff has reviewed the deviation requests and believes that adequate se mration and buffering will be provided with the current Aiaster Plan to ensure that the proposed project will be compatible with the surrounding area. The PUD Master Plan indicates that the ink ernal access road will connect to the proposed Loop Road. to the south. Therefore, staff believes the proposed Nagel -Craig Business Park 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 .)f the subject property is timely and corsistent with the FLUE to the GM?. Deviation Discussion: The petitioner is seeking four deviations (see page 15 of the PUD document) and has agreed to limitations to which the project will adhere if these deviations are approved. The petitioner has provided justification in support of the deviations [see "Schedule of Deviations (and Narrative Explanation and Justifications)]. The limitations included by the petitioner an: based upon discussions with staff through the review process. Staff has analyzed the deviations and recommends approval of these deviations by the petitioner. Deviation # 1 seeks relief from LDC Section 2.2.16 %2.2.4 (7), which requires a 25 -foot wide buffer, to allow a 20 -foot wide buffer for the northern, eastern, and southern perim ,ter landscape buffers. The 20- foot -wide buffers will be designed in accordance with the provisions LDC Section 2.2.16 '/2.2.4.7, wi-h the following limitations: 1) A minimum of 80°, o of the required trees per Section 2.2.16 %2.2.4.7 must be located within the 20 foot perimeter buffers, placed no more than 30 feet on center, and, G:1CurrenADese1em%PUD RezonesUslagel Craig Business Park PUD AR- 2002- AR-341 11STAFF REPOR1.doc Page :6 of 11 Agenda Item No. 8P September 1.4, 2004 ' Pagd e 24 of 121 2,1 One or more additional landscapelgreen space areas totaling 17,700 square feet an not less than 4,000 square feet in any single location must be located internal to the Business Park or clustered at Park entrances. This additional landscape/green space area must; include at a • minimum the bal ;nice of the trees not required per paragraph (a) above, tut .normally required within thc: 25 -foot Business park perimeter buffer by Section 2.2.16 '/2.2.4.7. As stated in the petitioner's justification, "The project is unique in that it will be surrounded on three sides (north, east & south) by roadways (two of which do not currently exist and which will be facilities, in part, by reservation/ dedication of land from Nagel -Craig Business P;;rk). To the north is Wolfe Road, which is intended to become a public road at such time as all necessary ROW is reserved and acquired ...This [deviation] request simply minimizes the impacts of these reservations on the prop;rty owner, without compromising the intent of the perimeter buffer requirements." The petitioner has agreed to disperse the amount of landscape areas (with the landscape trees) equal to that which is not being provided in the deviated area throughout . the remainder of the project site. Staff supports this deviation with this commitment, finding the deviation, as limited, woiild further the intent of GMT FLUM that states that a Business Park Subdistrict should be "des: gned in an attractive park -like environment." Deviation #2 seeks relief from LDC Section 2.2.16 %2.2.4 (7) to waive the requirement for a six- foot tall opaque architecturally finished masonry wall, or berm, or combination thero:)f within.the PUD's western perimeter buffer, subject to the following limitations: 1) All proposed Pres.,rvations and or Mitigation Planting Areas will be subject to Collier County Staff Approval at time of SDP(s). 2) No 24 -hour business's or restaurants allowed within 100 feet of any Preserve or Mitigation Area 3) No Access RoadsRO.WNehicular Use Areas/Dumpsters allowed adjacent (with 20 feet) of any Preserve or 'Mitigation Area 4) No building over 3:5 feet in height within 100 feet of any Preserve or Mitigation Area. This deviation will be effective only along the western boundary that is shared with the. undeveloped Wolf Creek PUD. The purpose of the wall requirement is to ensure that the adjacent residential land uses are adequately buffered from the business park uses. This project will be separated from those residential uses by retained and replanted native vegetation preserves and stormwater management facilities. The native vegetation preserve area width is, at its narrowest point, a minimum of fifty i eet in width. Limitation #1 has been included to further cis= that the preservation and planting areas will suffice in place of the wall. A landscape plan will be submitted as part of the development approval process that will depict existing retained vegetation, . vegetation to be planted as mitigation for native vegetation retention, and, where necessary, supplemental vegetation within retained native vegetation areas to result in vegetative screening of the business park uses .from the adjacent residential property. Limitations #2, #:l and #4 are included to address concer.is about potential negative impacts from overshadowing tall buildings, noise, and odors, which mi;;ht be generated from the business park uses. Deviation #3 seeks relief from LDC Section 2.2.16 '/2.2.5.5 which limits building heights in the Business Park district to a maximum of 35 feet, to all building heights of 3 stories not to exceed 42 feet when located a minimum of 100 feet from any residential zoned property. The PUD —� Master plan of the subject site provides for native vegetation preservation retention and mitigation areas along the western boundary, which are at minimum 50 feet in width and on average more than 100 feet in width. Stir.B' agrees with the petitioner's assessment that the minimum perimeter GXunentV3we1em%PUD RezonesW agel Craig Business Paric PUD AR-2002-AR-341 1 %STAFF REPORI.doc Page 7 of 11 Agenda item No. 8F September 14, 20£74 buffer widths, the self - imposed limitation that prohibits taller buildings from being locat wi�inl21 100 feet of any residentiidly zoned property, coupled with the predominance of non- residential uses adjacent to the project ensures that the additional building height will not result in an incompatibility issue. In addition, this request is comparable to the allowable height in the Mission Hills PUD project located immediately to the south. Deviation #4 seeks relief' from LDC Section 2.2.16 %2.2.1, and 2.2.16 %2.2.3 which identify, respectively, Permitted Primary Uses and Structures, Permitted Secondary Uses and Structures, and Accessory Uses to : ?ermitted Primary and Secondary Uses, to allow for the following additional uses which are not specifically identified in 2.2.16 %2.2.1 and 2.2.16 %2.2.3, but which are comparable in nature U) many of the uses that are expressly permitted, are desirable uses within the business park, or whicli are currently existing on the property such that it is desirable to retain the existing use until the Business Park development is commenced: A. Permitted Primary Llses: 1. Building co:astruction - general contractors (groups 1521 - 1542) 2. Landscape Counseling and Planning (0781) B. Accessory Uses to Permitted Primary and Secondary Uses: Atitomobile rental (gl-oup 7514), accessory to a permitted hotel/motel (group 7011) only The petitioner's rationale states that the uses proposed to be permitted by this deviation are comparable in nature with other uses allowed uses in the district. For example, the petitioner asserts that the building construction - general contractors (groups 1521 - 1542} use is not significantly different from Specialty trade contractors group (1711 — 1799), which is permitted in • the Business Park zoning district. The petitioner further asserts that it would be appropriate to allow general contractors to be located within the project, because outside storage is not permitted anywhere in the project anyway, therefore equipment and material storage would have to be located elsewhere. This project would be more likely to accommodate a company headquarters /office facility (with respect to both general and specialty trade contractor.;). The Landscape Counselin.; and Planning (0781) use is similar to the permitted :Engineering, Accounting, Research, Management and Related Services (groups 8711 — 8748) use. The petitioner cites the fact th.rt many full- service consulting firms provide landscape architectural services in addition to civil engineering, planning, and surveying services. The auto rental uses is limited to an accessory use to a potential lodging facility (hotel/motel). As previously noted, the limitations included by the petitioner are based upon discussions with staff through the review pr7cess. Staff has analyzed the deviations and recommends approval of these deviations as described in the PUD document. Additional Issue: At this location and at this time, Collier Boulevard is classified only as a collector roadway, therefore staff would normally not be able to support the overall project because vie could not make a recommendation that the project is in compliance with the LDC and consistent with GMP as those documents exist cn this date. Although Zoning and Land Development }tview staff could support the overall project as a conceptual PUD petition, and believes the project is consistent with all other portions of the LDC and the GMT, we are precluded front making an overall favorable recommendation because Policy 5.1. of the GMP clearly states, "AM rezonings must be consistent with this Growth Management Plan." GACUrrenADeselernlPUD RezoneslNagel Craig Business Park PUD AR- 2002 -AR-Ul I%STAFF REPOR1.doc Page 8 of 11 Agenda Item No. 8F September 14, 2004 Page 26 of 121 The Comprehensive Planning analysis went into detail regarding this issue, noting that the ultimate decision regarding this petition will be a Board policy decision. As noted in that discussion, there is an issue of timing. Not only does the GMP prohibit the re zoning approval at this time, it also prohibits the issuance of any development order that is inconsistent with the GMP. Therefore, even if the rezoning is approved, staff could not issue a development order until sucli -time as the GMP is amended to allow the finding of consistency. To explain this issue, t1c LDC Section 2.2.16%2.2.4.3. sets forth the following requirement Business parks within th .- Urban Mixed -Use and Urban Commercial districts of the Future Land Use Element shall have direct access to a road classified as an arterial street on the Five Year Future Traffic Circulation Map contained in the Transportation Element." The GMP and Transportation Element ere the driving elements of this requirement and as statol above, the rezoning must be consistent with the GMP. The GNP states in the Future Land Use Designation Description for the Urban Mixed Used District, in Section OX)5 for the Business Palk Subdistrict Item "h" stages, "When located in a District other than the Urban Industrial District, the Business Park must have direct access to a road classified as an arterial in the. traffic Circulation Sub - Element." Deviations or variances cannot be granted from the GMP, so the issue cannot be addressed via a deviation. The GMP states and requires that a business park PUD have direct access to an arterial roadway, Furthermore, LDC Section 2.2.20.2.1 offers the following .for consideration: "Relation c f planned unit development regulations to the growth manc:gement plan inning, subdivision, or ocher applicable regulations. All applications for PUDs shall be in full compliance with the future land use element and the goals, objectives, and policies orall elements of the growth managemew plan The PUD document offer: language to address the roadway classification issue in the Statement of Compliance, Item c that states: Access shall be in accordance with the Collier County Management Policy or plan and consistent whh Objective 7 and Policy 7.1 of the Transportation Eh!ment. Collier Boulevard is not classified as an arterial on the County's Five Year 1%uture Traffic Circulation Map contained in the Transportation Element. Collier Boulevard is, however, classified as a Class 4 arterial roadway, under the County's adopted access miinagement plan as amended by Resolution 01 -247. After the. planned 6 -lane widening, Collier Boulevard will be classified as a Class 3 arterial. Collier County Transportation Planning has indicated that the classification of this roadway on. the (: 7unty's Five Year Future Traffic Circulation Map contained in the Transportation Element, will be amended in the near future. No develo m applications will .5e acce ted or a roved until an amendment to the Collier County Functional Class Map in the Transportation Element of the Collier couns Growth Management Plan (Man T)?-,U identifies Collier Boulevard (CR, 9511 as an arterial roadway a, id then becomes effective. [Underlining added for emphasiA. However, the county attorney's office has provided augmenting language for the Ordinance effective date for this project. That language states: Ordinance shall, not become effective • ggLun"Lc the Ek'nicat ' • -- -- — GACurrenfiDeselemWUD RezonesVlagel Craig Business Park PUD AR -2M AR-34111STAFF REPOR1.doc Page 9 of 11 Agenda item No. 8F September 14, 2004 Page 27 of 121 Coi ier Bouleva _(LL K1) as an arterial roadway and then becomes effective. [Underlining and balding added for emphasis] As such, the land will no. actually be rezoned to PUD until the roadway is reclassified. Until that time, the Master Plan and the PUD document have no standing; the subject site remains zoned Agricultural. At best, .Coning and Land Development Review staff perceives -the proposed ordinance as unusual; however the petitioner has agreed to the language. The effective date language appears to adequately protect the county from any perception of premature approval. However a potential "down side" issue arises, in that the county will not have the cpportunity to review the PUD docum..nt again should conditions change before the roadway classification change occur. Staff would not normally support the overall project if it was not consistent with all portions of the LDC and the GMT, however staff can support the requested rezoning with the understanding that the effective date is governed by the language proposed by the county attorney's office to delay the actual rezoning until the OW is amended. PTEIGHBORHOOD INFORMATION MEETING: The petitioner held a Neighborhood Information Meeting on July 25, 2002 that was attended by approximately eleven individuals including the applicant's team and county staff. Of those persons that spoke, most expresEed concerns regarding access and the potential traffic generated that development of this site aught generate. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of petition PUDZ- 2003 -AR -3411 subject the limitations and commitments that are incorporated in the PUD document and th. ,- Ordinance that accompanies the PUD document. G.kCurrentM)eseiemWUD Rezonesitiagel Craig Business Park PUD AR- 2002,AR34111STAFF REPORt.doc Page 10 of 11 Agenda Item No. 8F September 14, 2004 Page 28 of 121 PREPARED BY: �0,"t h §V-Q--&4Vk/ / _ 03 1CA1Y ffjS ELEM, PRINC [PAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RAY B LOWS, CHIEF PLANNER DATE _ DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW STIPAN MURRAY, AICF, INTERIM D CTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: K. SC AllMH STRATOR 4/A TE —' LAITY DEVELOPMENT & ENVIRONMENTAL, SERVICES DIVISION Tentatively scheduled for the January 13, 2004 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CH URMAN G:1CurrenN)eselemlPUD RezonesUlagel Craig Business Park PUD AR- 2oo2- 1►R- g111STAFF REPORT.doc Page 11 of 11 Agenda Item No, 8F September 14, 2004 ' REZONE FINDINGS Page 29 of 121 PETITION PUDZ-03 -AR 3411 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and ,commendation 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, objectivei & policies of the Future Land Use Map and the elements of the Growth Management Plan. The Comprehensive Planning Department has indicated that the proposed :Nagel -Craig Business Park PUD is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP), with the exception of the roadway classification issue for Collier Boulevard, which has been addm;sed via the effective date language contained in the approving Ordinance. 2. The existing land use pattern; This project will be consistent with the existing and proposed land use patterns as explained in the si aff report. 3. The possible creation of an isolated district unrelated to adjacent find nearby districts; The Nagel -Craig Business Park PUD parcel is of sufficient size that it will nut result in an isolated district unrelated to adjacent and nearby districts. It is also compatible with expected land use:; 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 zoning to the west and south and roadways or proposed roadwa) s to the north, east and south.. Therefore, the proposed PUD 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 neew. sary. The growth and development trends in this area indicate there is an increase in the rezoning activity in this area. Mission Hills PUD was approved to the soirth to allow commercial uses <md Wolf Creek PUD was approved to the west to allow residential uses. The proposed PUD rezoning is appropriate, as limited in the PUD document and the PUD Master Plan based on its compatibility with adjacent land uses 6. Whether the proposed change will adversely influence living conditions in the neighborhood; EXI-UBIT "A" G:\CurrentM)eselemV3UD Rezone sVagel Craig Business Park PUD AR12002- AR- 341 11REZONE FINDINGS.doc Page 1 of 3 Agenda Item No. 8F • September 14, 2004 Page 30 of 121 As limited in the PUD document there should be no adverse influence in living d' 4A.. con rtrons rn s neighborhood if the proposed change is approved. 0 7. Whether the proposed change will create or excessively increase traffic congestion or. create types or traffic deemed incompatible with surrounding land usoas, because of peak volumes or projected types of vehicular traffic, including acth ity during construction phases of the development, or otherwise affect public safety. The Transportation Services Division has reviewed the proposed PUD and has incorporated language into the PUD document, which renders the PUD compatible with the Traffic Crrcu.ation Element. Therefore, the proposed PUD will not excessively increase traffic congestion. 8. Whether the proposed change will create a drainage problem; The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordanoa with the permit. 9. Whether the proposed change will seriously reduce light and air to adjaccut areas; All projects in Collier County are subject to the development standards that apply generally and egiially to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) that were designed to ensure that light pen(.tration and circulation of air do not adversely affect adjacent areas. This project will be subject to those same standards. 10. Whether the proposed change will adversely affect property values in the adjacent area; Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation or amendment may or may not afl ect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations:; The proposed change should not be a deterrent; if gall property owners affected by improvements to Wolfe Road work together, the proposed change, with its light-of-way reservations listed in the PUD document could be an asset to development of adjacent property- 12. Whether the proposed change will constitute it grant of special privilege to an individual owner its contrasting with the public welfare; The proposed rez:)ne to PUD complies with the Growth Management Plan., which is a public policy statement supporting zoning actions when they are consistent with said -49 plans. In light of this fact the proposed PUD 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. G.1Current\Dese1emWUD RezonesXNagel Cra g Business_Park PUD AR22002- AR- 34111REZONE FINDINGS.doc Paige 2 of 3 Agenda Item No. 8F September 14, 2004 Page 31 of 121 13. Whether there are substantial reasons why the property cannot be used in • accordance with existing zoning, A portion of the .property is currently used in compliance with the existing .zoning; and the remainder of the site could also be development in compliance with -:he existing zoning if so desirr:d by the property owner. However, the developer wishes tD utilize the Conversion Of Commercial provisions of the Growth Management Plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD is designed in a manner that is compatible with surrounding property in size and scale. 'It is also consistent with the FLUE of the Growth Management Plan, as further limited in the approved ordinance action. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There has been one other Business Park PUD approved in the county to allow the uses proposed, however this is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compat bility, adequacy of infrastructure and to some extent the timing of the action and all of tLe above criteria. i16. 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 bu:.ldings, 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 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 nAationships. G:1CurrenWeselem%PUD RezonesWagel Craig Business Park PUD AR32002- AR- 341 1\REZONE FINDINGS.doc Page 3 of 3 Agenda item No. 8F • September 14, 2044 Page 32 of 121 FINDINGS FOR PUD PUD7.43 -AR -3411 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 Mater Plans' compliance with the following criteria: 1. The suitability of the area for tbelype 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 site is p utially developed with an agricultural nursery operation which has altered the natural characteristics of the land. The site is located where it ha:; potential access to three roadways --the proposed Wolfe Road, a proposed southerly road that is identified as Loop Road and Collier Boulevard. The petitioner has agreed to :onnect to county utility service, and the drainage will be provided in compliance with all applicable codes. 2. Adequacy of eviden <e 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., uch areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes aprropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). The subject petition h,-s been found consistent with the goals, objectives and policies of the GMT, as provided for in the Ordinance relative to timing of the approval. Plee se see the staff report for a more Jetailed discussion. 4. The internal and ei ternal compatibility of proposed uses, which conditions may include restrictions o» location of improvements, restrictions on design, and buffering and screening requirt ments. Staff analysis indicate., that this petition is compatible, both internally and exteraally, 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 amount of open space set aside by this project is consistent with the provisions of the Land Development Cale. EXHIBIT "B" G:1CurrentV3eselem%PUD RezonesXNagel Craig Business Park PUD AR12002- AR34111PUD Findings.doc Page 1 of :? Agenda Item No, BF September 14, 2004 • Page 33 of 121 b. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. • The effective date proposed within the PUD Ordinance and the limitations found in the Statement of Compliance in the PUD Document provide assurance of the adequacy of available improvement and facilities. Furthermore, the adopted c ►ncurrency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, pc table water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. Infrastructure is or will be in place in the vicinity and its adequacy will be determined at the time of SDP apr,.=Val. 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 Nagc I -Craig Business Park PUD conforms to PUD regulations or requests deviations that staff analysis finds justified. 9 G: %CurrentlDeselemlPUD Rezone*4agei Craig Business Park PUD AR22002- AR- 341 1\PUD Findings.doc Page 2 oU .LL 3& -0 E co �/ \ ca E� c2 ¢/ _._ � CL Q � W � a. Q � Z O Q O � V s! � � � # / IL §- - § | . � §�- _ ~ | |- - _ , || § apt Tip � | | __ _, | ! |� xviswum CL Q � W � a. Q � Z O Q O � V s! � � � # / IL Agenda Item No. 8F September 14, 2004 Page 35 of 121 5 APPL;[CATION FOR PUBLIC HEARING FOR: ®PUD R -ZONE (PUDZ) EIPUD TO PUD REZONE TUDZ - -A) Petition No.: _ PUDZ- 2002 -AR -3411 Planner Assigned: Kay DeSelem, AICP 4TH RE- SUBMITTAL Date Received: Commission District: PUDZ- 2002 -YLR -3411 PROJECT #2 002060060 DATE: 11 /1Z 03 ABOVE TO BE COMPLETED BY STAFF KAY DESELEM 1. General Informatiom Name of Applicants, Carl M. Nagel, Managing Member, CDN Properties LLC Applicant's Mailing address 711 Fifth Avenue South City Naples State FL Zip 3410; Applicant's Telephone: # 239 - 659 -6070 Fax # 239 - 659 -6071 Applicant's E -Mail Address: carinagel akarthlink.com Name of Applicant(s) Thomas Craig, Craig Construction & Restoration, Inc. Applicant's Mailing Address 2770 S. Horseshoe Drive, Suite 4 City Naples State FL Zip 34104• Applicant's Telephonf: # 239 -430 -1127 Fax # 239 - 430 -1129 Applicant's E -Mail Address: n/a Name-of Ap-ent-Mr- Robert Mulhere_ . Firm _RWA..7nc_ Agent's IViailing Address 3050 North Horseshoe Drive, Suite 270 City Naples . State Florida Zip 34104 - Agent's Telephone # :.'2391649= Fax # (239) 649 -7056 Agent's E -Mail Address: rjm @consult- rwa.com COLLIER COUNTY COMMUNITY DEVELOPMENT FLANKING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (239) 403- 24001FAX (239) 643 -6%8 Applkatioa For Pubfie Hearing For PUD Rezone 8129/03 Agenda Item No. 8F September 14, 2004 Page 36 of 121 *Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are iii compliance with these regulations. Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Vanderbilt Communitv Association Inc Mailing Address 8250 Danbury Blvd. City Naples ' State FL Zip 34120 Name of Homeowner Association: Islandwalk Homeowners Association Mailing Address 6155 Tovmcenter Cir. City Naples State FL Zip 34120 Name of Homeowner Association: Mailing Address City State Zip_ Name of Master Association: Mailing Address City State Zip Name of Civic Association: Ms. Karen Acguard, Golden Gate Estates Civic Assoc Mailing Address 441 24h Avenue NE City Naples State FL Zip 34120 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest a; well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership Richard D. & F-ances A. Cmie 100% of Parcel 3 _ P.O. Box 899, Iidwards, CO 81632 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of sto ,-k owned by each. Name and Address, , and Office Percentage of Stock CDN Properties LLC 100% of Parcel 1 & 2 _ Carl M. Nagel, lyfmaWng Member 50% of Stock _ Dana L. Nagel, ylember 50% of Stock _ Application For Fub1k HeariaQ For PUD ltewne "/o3 Agenda Item No. 8F September 14, 2004 Nagels are owners & officers of CDN Properties LLC _Page 37 of 121 325 Little Ha :)or Lane _ Naples, FL 34102 C. if the property :.s in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage df interest. Name and Address Percentage of Interest Not Applicable d. If the property is in the name of a GENERAL or LRvHTED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership Not Applicable e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Tnistee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Not Applicable Date of Contract: f If any contingern :y clause or contract terms involve additional parties, list all individuals or officers, if a c arporation, partnership, or trust. Name and Address Date subject property acquired (X) leased ( ): Term of lease irsJmos. Parcels I & ,, were acquired on 3/19/2002 and Parcel 3 was acquired on 10,3/1995 If, Petitioner has option to buy, indicate date of option: and date option terminates: _ , or anticipated closing date Should any changes of ownership or changes in contracts for purchase occur sibsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of th,: applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. >r Public Hearin¢ For PL-D Rezone 8/29/03 Agenda Item No. 8P September 14, 2404 Page 38 of 121 3. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (-) copies of a recent survey (completed within the last six months, maximum 1" to 400' ,scale) 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 survey may be required. 4. 5. 6. Section: 34 _- Township: 48S Range: 26 E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Parcel 1 - 00203280009 Parcel 2 - 00204520001 Parcel 3 - 00203680007 Metes & Bounds Dm :ription: The subject property tieing 37.5± acres, is comprised of 3 adjoining - parcels that are located in Section 34, Township 48 South, Range 26 East, and is fully described as: The North half of the Northeast quarter of the Southeast quarter of Section 34. 'i ownship 48 South, Range 26 East Collier County, Florida, less the east 100 feet previously deeded for State Highway ri t-o:F- -way (Parcel 1). The North half of the South half of the Northeast quarter of the Southeast quarter of Section 34, Township 48 So ith. Range 26 East, Collier County, Florida, less the east 100 feet previously deeded for State Highway right -of- -way (Parcel 2). The South half of the :youth half of the Northeast quarter of the Southeast quarter t)f Section 34, Township 48 South, Range 26 East, Collier County, Florida, less the east 100 :Feet (Parcel 3). Size of property: 1,220 ft. X 11 33220& =Total Sq. Ft. Acres 37.5 Address /general location of subject property: The west side of Coll er Boulevard and about Y4 mile north of Vanderbilt Beach Road PUD District (LDC 2.2.20.4): Application For Public j1e&rinQ For PU) cmne E0103 ❑ Residential ❑ Community Facilities ® Commercial ❑ Industrial 7. Adiacent zoning anti land use: Zoning Land use N_A- AL,ricultural Proposed Lutheran Church Private School S PUD Proposed Mission Hills Shopping Center E A- Agricultural CR 951, Canal and landscape nursery W PUD Proposed Wolf Creek Residential PUD Agenda item No. 8F September 14, 2004 Page 39 of 121 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 page). NO Section: "ownship: Lot: Blocl:: Plat Book Page #: Range: Subdivision: Property I.D. #: Metes & Bounds Desc ription: 8. Rezone Request: This application is requesting a rezone from the A - Agricultural zoning district(s) to tt.e CPUD — Commercial PUD zoning district(s). Present Use of the Pro perty: Vacant & Landscape Nursery Proposed Use (or rang, of uses) of the property: Upscale business park for storagi showrooms, warehouse„ office, retail, and other uses. Original PUD Name:_ n/a 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 Code, staffs analysis and recommendation to the Planning Commission, and the Planning Corranission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing die rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Aualicaden For PuMIS Hearing For PUD F:ezone 8/29/03 Agenda Item No. 8F September 14, 2004 Page 40 of 121 -- PUD Redone Considerations (LDCSection Z Z3.Z.5) 1. The suitability of the area for the type and pattern of development proposed iii relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Response: The proposed PUD's consistency with the locational criteria set forth on the Future Land Use Map and supporting Future Land Use Element (FLUE), of the Growth Management Plar. (GMT), and consistency with the applicable Elements relai:ed to access, drainage, water, sewer, and other utilities, combined with the development conditions and commitments contained in the proposed PUD document, gives reasonable a3surance that all infrastructure Nvill be developed consistent with County regulations. 2. Adequacy of evide nce 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 far the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Response: The documents submitted with this petition application provide evidence of unified control. further, the proposed PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the Proposed PUD with the goals, objectives and policies of the growth management plan. Response. Please :•efer to the Item # 1. under Standard Rezone Conditions, above. 4. The internal and acternal compatibility ofproposed uses, which conditions nuy include restrictions on loci ition of improvements, restrictions on design, and buffering and screening requirements. ResQonse: The PUD Master Plan 'has been designed to optimize internal land use relationships through the use of various forms of open space separation. .additionally, most external relat onships are automatically regulated by the Land Development Code to ensure harmonious relationships between projects. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Response: The am punt of open space set aside by this proposed project meets or exceeds the provisions of the Land Development Code. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improverr,ents and facilities, both public and private. Response: The timing and sequence of the permitting the proposed development coincides with the programming of the County's proposed capital improvements to meet Application For Public Hearing For PUD Rezone 8129/03 Agenda Item No, 8F September 14, 2004 concurrency requirements. Adequate improvements, utilities and other facili98ReeJhe6121 provided. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Response: Ability, as applied in this context, implies supporting .infrastructure such as wastewater dispo:,al system, potable water supplies, characteristics of the prgx. Tty relative to hazards, and capacity of roads is supportive of conditions emanating from urban development. R(,lative to this Petition, development of the subject prop ity is timely, because supportir g infrastructure are available, or will be in place by the time .permitting of the proposed improvements is complete. 8. Conformity with 1'UD regulations, or as to desirable modifications of such regulations in the particular cas, -,, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Response: The de velopment standards in the proposed PUD document are consistent with the standards in the Business Park district, which reflects the purpose- and intent of the Future Land Use Element. 10. 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 own-ns 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 restrictions. 11. Previous land use yetitions 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? NO 12. 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 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 ImmokaleelWater Sewer District, if ui Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8 %" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 f ct, 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 such . as 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 ped-rstrian ingress and egress to the site and the structure(s) on site), Application For Public Hanna For PUD ltezone 8!29103 Agenda !tern No. 8F • all existing zndlor proposed parking and loading areas [include matrix September d2 14, 2004 -- required and provided parking and loading, including required parking for the disabled), • required yards, open space and preserve areas, I • proposed locations for utilities (as well as location of existing utility services to the site), • proposed ancVor existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. d. A.n Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Cede (LDC) , or a request for waiver if appropriate. e. Whether or not as EIS is required, two copies of a recent aerial photograph, ,taken within the previous twelve months), minimum scale of one inch equals 40Q f Mt, shall be submitted. Said :aerial shall identify plant and /or wildlife habitats and thew boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) c f native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TLS), unless waived at the pre - application meeting; h. A historical and .archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pr:-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 permits. j. An electronic ven;ion of the PUD on a disk as part of this submittal package. k. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8) Please be advisee! that Section 2.7.2.3.2 (3) of the Land Development Cude requires an applicant to remove their public hearing advertising sign (s) after fwal action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately. Anolkadon For PuWk Haring For P tD ]Le gn� Agenda item No. 8P September 14, 2004 .PUD REZONE APPLICATION Page 43 of 21 SUBMITTAL CHECKLIST •ruic d-nMPT 1 TF.n ruF r K1 T9T IS TO BE SUBMITTED WITH APPLICATION PACKET! 1 iiiv 1ZEQUIREMENTS # OF NOT COPIES REQUIRED RE UIRE 1. Completed Application 20* X 2. Copy of Deed(s) and list identifying Owner(s) and all 2* X Partners if a Corporation 3. Completed Owner /Agent: Affidavit, Notarized 2* X 4. pre- application notes /minutes 20* X 5. Conceptual Site Plans 20* L X 6. Environmental Impact Statement - (EIS) 4 X 7. Aerial Photograph - (with habitat areas identified) 5* X 8. Completed Utility Provisions Statement (with required 4 X attachments and sketches', 9. Traffic Impact Statement - (TIS) 4 X 10. Historical & Archaeological Survey or Waiver 4 N/A A i lication 11. Copies of State and/or Fecleral Permits 4 N/A 12. Architectural Rendering of Proposed Structure(s) 4 X 13. Pre - Application Fee, Application Fee and Data X Conversion Fee Check shall be made payable to Collier County Board of Commissioners 14. An electronic version of the PUD on a disk as part of X the submittal puket. 15. PUBLIC PARTICIPATION MEETING: 1 X APPLICATION SUBMITTAL: Copy of Affidavit attesting that all property owners, civic associations and property owner associations were notified. Copy of audio /video recording of public meeting. Written account of meeting, 16. Affordable Housing Densiay Bonus Agreement 4 N/A including all Appendices and Exhibits. 17. OTHER REQUIREMEws: 2 Provided as a Land use breakdown for County Planners courtesy ' Documents required for Long -Ran ge Planning Review ' 1 additional copy if for afforoaorc Dousing As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understat A that failure to include all necessary submittal information may result in the delay of processing this petition. <. Agent/Applicant Signature s,,.,nr #tion For Public Hewing For PUD A ezone 8/29/03 ate May 19 03 10:13a MaM 16 03 07:45a Sent By: RWA; 941 649 7056; May -15 -03 16:14; r .fFP -�IDA_ m' Agenda Item No, 8P September 14, POM Page 44 of 121 P.2 Page 212 We. Richard D. Craig, and Francis A. Craig being first duly sworn, deport and ,ay tio wr .ere the property owners of F arse! 3 of the propory descrihcd herein; and Ulrich 1 flee subject matter °f the P- posed hearing;• that all the answers to the quGStlttres ir, this applicaauthe inclrr4 in t e disclasu re of inierYS1 infi unaottoa. aU skelchrr. data, and other suppienerrtary trratter attach c�a' to. and rnaele apart of this ,�plicafion, are honest and true to the best of my Ana1►dedge and & .. We understand that the i formation requestecl on this appllccWon trust be C&OF lete mid atY d ; r and that the content nf;hits form, whether computer generated or Cmtnty printed shall t►ot be signifcaandy altered. Pfrblic Aearings will not be advertised ernW this applic�ottw, is domed eotnplem and all required informadon ,bats been subnrWed. As property owners we le"g"ate our son Tones C.rai& to act as our rePreseruadjv and 10- applica"[ We jirrtheor atrthearjZS Robert J. A4ulhere, if1CP, Director of Planning for RiP.I. Ina, tv act as our re we in any matters regarding this Petition. % X .'•gnature of Properly pwnar Sig+rature of Property Uvner Richard D- Craig Franck A. Craj(g The foreKo+nB Tnuaururr emr was ac+b o�+led �dr,�pre me this day of 200 by.��iG7aYl 1! 3'�t'�Gr.1Yt•`W�o`ts sons bra to me ar has es idetttifrcatloilr. Szate °fF7a"`a (6Qmature of NotaryPuNrc- State cf County OF"jer Florida) CUMAM 3.e 4AYO EXP. Ra �em6e►4 2005 e�nwna.r tee., i (Print, 7) ps or Stamp CanmWioned Name of Notary Public) RE- SUBMITTAL, PUDZ- 2002 -AR -3411 PROJECT #2002060060 DATE: 6/12/03 KAY DESELEM FiZOM :THE VINTAGE GFU-F FAX NO. :239 - 659 -5071 May. 15 2083 03 d@ ftem No. $F September 14, 2004 Sent By: RWA; 941 649 MC; May -13 -03 1a:t5; f4Ac��5 of 121 .Q% Car[ AL 1Vage4 Afi maging Member �CDN Properties LLC beingfir"t d Y ten. depose a+d . say that I am the pri gmny owner of pamds / do T of the property described herein, and which is the =bjeet matter of the proposed hearing: that all the answers to the qucsdu es ix fills apps Inch"`usg d" disciwwg of busrcat infa'"a"M all sketches, data, and other supplementary xwmr aswcW to and made apart of this apPlloaion. an AO""t and trw $0 tks best of vW ktpwkdg s axd bWW... I satdsrstand that dw ixfprmatlox re pwasd an this aAshcab w must be co+Tletc and amvnWe and iliac the oa+teW of this form. whethtr WmPatr 80NMUsd Or CMnty printed shall not be signer ahrr+ai: Publk hew*W WiU not as advertised wail fills application is Beams d complete, and all required information lust ban s tbm&ANL As property owner, , wd Managing Mlmnber of CDN Properties = I fuHher aNAOrfie Roma! .7. Masher. AICP, D tractor of Pia =ft for RWA bw_ tv act as x' rSpre,,enWdw ix any rata vs regunfing this PedIA VL CDNPMPvties LLC, Sid of P r Owner Th s foregoing ' r vin ebcowledged before nw thta 2QQ.� by�; who is Persona m ide»trfic -do . Slate of Flori& Coaacty of Confer i RA- day of to me or has (Print, rlw or Stamp Commissioned Name of Notary Public) Agenda {teat No. 8F September 14, 2004 Page 46 of 121 COVENANT OF UNHUD CONTROL The undersigned does hereby swear or affirm that they are the fee simple title holders and owner; of record of property commonly known as 14295 Collier Blvd., Naples, Florida and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for planned development zoning (Nagel -Craig Business Park POD, Petition PUDZ AR -3411. We hereby designate Nagel/Craig, LLC, legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to :gaily bind all owners of the property in the course at i seeking the necessar le y approvals to develop. This authority includes, but is not limited to, the hiring and authorizaton of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning and development approval on the site. These representatives will remain the only entity to authorize developmert activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the :'ollowing and will be guided accordingly in the pursuit of development of the project: L The.propcaty will be dev, loped and used in conformity with the approved master con conditions placed on the development and all commitments plan including all planned development rezcning.� to by the applicant in conna:tion with the 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master concept plan, even if the property is subsequently sold in whole or it part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A depar me from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned development approval will be incorporated into c.)venants and restrictions which run will the land so as to provide notice to subsequent owners that all development activity within the planned development 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 conditions of the planned development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned development. Owner Thli yylC -' e-, G" Punted Name STATE OF FLORIDA ) COUNTY OF COLLIER ) Sworn to for affirmed) and - ubscribed before me this day of August 2003, by T nn�lQ� who is personally known to me. __ i1 n _ - - -- CIARlsE OLWE Public MY COMMISSION # DD 078M, o EXPIRES: Decemtw 6, MM Bordld7Mr NaWY Rtk Urdu (Name typed, printed or stamped) TT XCV _ - - tl7f ORGY . I Z ` - — t t.4Y{i (D till I L--Q a t it ; ; 4. < V K d: ! i Rs �a t � } �r W Cyf �.` a �t�E��L��►t}`j S : . GN��WO , i � 1 till • t i5l� t5s:tytl:llf.tii. 6 \ �J 13 a t it ; ; 4. < V K d: ! i Rs �a t � } �r W Cyf �.` a �t�E��L��►t}`j S : . GN��WO , i t�� t7Sa:2h2�U till • t i5l� t5s:tytl:llf.tii. 'y z ; � b �r W Cyf i GN��WO , i t�� t7Sa:2h2�U W H W?? V Mi a Agenda Item No. 8F September 14, 2004 Page 48 of 121 COVE' ENANT OF.UNIFIED CONTROL The undersigned do hereby swear or affua; that they are the fee simple title holders and owner,; of r=ord of property commonly known as _ 14335 Collier Blvd.. Naples, FL 34119 (Street address) --- -and legally described in Exhibit A attached hereto. The property described herei t is the subject of an application for planned development zoning (Na gel -Gaig Bi:siness Park PUD, Petition FUDZ AR- 3411). We hereby designate Nagel /Craig, lle _ legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of thr, property in the course of seeking the necessary approvals to develop. This authority includes but is not limited to the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning and development approval on the site. These repre;;entatives will remain the only entity to authorize development activity qn the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the p project: ursuit of development of the 1. The property will be developed and used in conformity with the approved master concept plan including ill conditions placed on the development and all commitments agreed to by the applicant in conna:tion with the planned development rezordng. 2. The legal representative identified herein is responsible for compliance with all terms and stipulations made at tt a time of approval of the master concept i conditions, safeguards, sold in whole or in P plan, even if the property is subsequently part, t.nless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provi :ions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided fc r in the planned development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned development approval will be incorporated into owenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned development 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 condition:: of the planned development, seek equitable relief as necessary compliance. The County will not issue permits, certifica to compel tes, or licenses to occupy or use an' part of the planned development and tie County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned meat. CDN roper 'es, llc by: Owner _ Carl M. Nagel, Mgr. STATE OF FLOJUDA) Printed ?tame COUNTY OF COLLIER) Sworn to (or affirmed) and subscribed before me this 7 day of August 2003 by Carl M. Nagel who is pdr30gally known to me,=Mwx&%&waa-3r — ax oatmo DENISE A. JOWE jV%;,PPLu c �0tM@979 A. Jollie EMS MXY U 2003 SOMM7M XM (Name typed, printed.or stamped) AU044AM wovutr (Serial Number, if any) Legal Description Legal Description: Lot/Unit:.000 Sub/Condo Name: Subdivision Code: GGE Unit M Agenda Item No. 8F September 14, 2004 Page 49 of 121 Exhibit °.A" Public Record 34,4 26 N1/2 OF S1/2 OF NE114 OF SE1 14, LESS R/W 9.25 AC OR 1975 PG 1379 Bto.*/Bidg/iract 030 Section: 34 Township: 48 Range: 26 AC2EAGE HEADER 000(00 1. 2. STATEMENT OF NAME OF APPpeANT: _ CDN Fro erties a and Thomas Craig -- MAILING ADDRESS: 711 Fifth Avenue South Suite 209 U11 — Naples STATE FL ZIP 3410 Agenda Item No. 8F September 14, 2004 Page 50 of 121 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): West side of CR 951 and about 1/4 mile north of Vanderbilt Beach Road. 4. LEGAL DESCRIPTION: Section: — 34 Township: _ 4 A s -- Range: 2 r, p_ Lot: Block: Subdivision: -- Plat Book Parcel #1- 00203280009, Parcel 2- 00204520 Page #: Property I.D. #: Parcel 3 - 00203680007 001 Metes & Bounds Description: 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. Ct)UNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM F1 c . FRANCHISED UTILITY SYSTEM El NAP 1E d. PACKAGE TREATMENT PLANT (GPD capacity) • . SEPTIC SYSTEM ❑ 6. TYPE OF WATER ;SERVICE TO BE PROVIDED: a . COUNTY UTIELf y SYSTEM b . CITY UTILITY SYSTEM El . FRANCHISED UTILITY SYSTEM 1:1 PROVIDE NAME d. PRIVATE SYSTEM (WELL) ❑ PUDZ- 2002 -AR 3411 9RR( ")2APPLICA770N FOR PUBLIC) TEARING FOR Ptm RE Z01YE PROJECT #2002061)060 DATE: 11/21/02 KAY DESELEM Agenda item No. 8F September 14, 2004 Page 51 of 121 7. TOTAL POPULATION TO BE SERVED: 417.000 sq. ft. office /commercial 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 127 GPM AVERAGEDAILY 45870 GPD_ B. SEWER -PEAK 114 GPM AVERAGE DAILY 41 283 GPD 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONJkL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPEC'T'ED TO BE REQUIRED: -oct, 2003 _ 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent 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 engineer. 11. COLLIER COUNTS' UTILITY DEDICATION STATEMENT: If the projo t is located within the services be undaries of Collier County's utility service system, writti,n notarized .statement shall be provided agreeing to dedicate to Collier County Utltier the water distribution and sewaj;e collection facilities within the project area upon completion ,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 applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of buildin;, permits by the County. If applicable, the statement shall =fain shall contain an agreement :o dedicate the appropriate utility easements for serving tl a water and sewer systems. 12. STATEMENT OF A,JAH.ABH TTY CAPACITY FROM OTHER PROVIDE Unless waived or otherwise provided for at the pre - application meeting, if the project .s 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. UdVAy Prorbio■ Statement RJM IW17H7 9l26f2002APPLiCAT10N FOR PUBLIC Hf,ARING FOR 1'1JD RE -?.ONE Agenda Item No. 81= September 14, 2004 Page 52 of 121 LEGAL, DESCRIPTION OF PROPOSED NAGEL CRAIG BUSINESS PARIS; PUD The subject property being 37.5± acres, is comprised of 3 adjoining ParCels that are located in Sel:tion 34, Township 48 South, Range 26 East and is fully described as: The North half of the Northeast quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less the east 100 feet previously deeded for State Highway right -oaf- -way (Parcel 1). The North half of the South half of the Northeast quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less the east 100 feet previously deeded for State Highway right- of-way (Parcel 2). The "south half of the South half of the Northeast quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, .oll ier County, Florida, less the east 100 feet (Parcel 3). prcoared }ty andiclUULW: C. Neil Gregory, Esq. Roetzel & Andress. a legal professional association 850 Park Shore Drive Trianon Centre, Third Floor Naples, Florida 34103 941 -649 -6200 File Number: 100510.0031C 2952835 OR: 3004 RICORDSD in 011ICUL ABCous of 0312212082 it 10:25M NIGHT 1. Retn: ROITLIL 4 VIDUSS fso Pat mu OR 311D IL001 10LIS IL 34103 Ab ovc Ths Line Fur Reecxding Datal Warranty Deed PG: 0660 COLLIBI COMM, IL BIOCI, CLUB RIC 111 10.50 DOC -.10 •10 PUDZ- 2002 -AR -3411 PROJECT #A'.'002060060 DATE: 11/21. 102 KAY DESELEM This Warranty Deed made this I' t day of March. 2002 between Carl M. Nagel and Dana I- Nagel, husband and wife whose post office address is 325 Little Harbour Lane. Naples. Florida 34102, grantor, and CDN Properties, L.L.C., a Florida limited liabilit_r company whose pmi office address is 711 5th Avenue South, Suite 209, Naples, Florida 34102, grantee: (Whcm-ver used txretn the tams 'grantor' and 'grantLY` uwtwtc all the panic, to thrc instrument and the heirs, tcP1 rcprc=nt"vas, and assigns of individuals. and the and assitnts i r cwT%watwns. iru.b and truocvti ) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00) and other good and valuable consideration_-. to said grantor in hand paid by said grantee. the receipt whereof is hereby acknowledged. has granted, bargained, and sold tc the said grantee, and grantee's heirs and assigns forever, the following described land. situate, lying and being in Collier County, Florida io-wit. / The North 112 of the Not theast 114 of the Southeast 1/4 of Section 34. Township 48 South, Rs age 26 East, Collier County, M rids, less the East 100' previously deeded for State Highway right of way; and, The North 1/2 of the Sot th lit of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 42 South, Range 26 East, Collier County. Florida. less the East 100' previously deeded far State Highway right of way_ Parcel Identification Numbers: 00203280009 and 00204520001 Together with all the tenements. h .-reditaments 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 the 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 a[ ainst the lawful claims of all persons whomsoever; and that said land is free of all encumbrances. except taxes accruin,: subsequent to December 31, 2001. DoubteTinme Page 54 of 121 OR: 3004 PG: 0661 * ** In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, scaled and delivered in our :)rescnce: �. 1 Jul I a itneys lya - t�,l tx,j Carl M. Nagd Dena �LNmggel STATE OF FLORIDA COUNTY OF COLLIER The foregoing nsrrurnenI was acknowkclgrtt before me this pit day of March, 2002 by Carl M. Nagel and Dana L Nagel. who jyare personally known or j _j have produced driver's licenses as identification. q [Notary Sea PAUL K HEUEPAVX ✓ r' t. liv COMM SSON e a e Notary Public - - - s EX &W�t6.2W ""d"""" Printed Name: My Commission Expires: rrcrra„n• . and . pie 2 Doubte7inwo Esc F1 Exit Update Agenda Item No. 8F September 14, 2004 FC 2 ' OC TR ID 00203280009 .eir� C��E�� FOLIO 00203280009 OWNER> NAGEL, CARL M =& DANA L * ,c * * * STRAP 482634 001.0003B "s4 325 LITTLE HARBOUR LN COLL - -ER COUNTY, FL ORB /P 2340 / 363 - -TAX ROLL - SALE DATE 20 897 * �. $AMT 500000 18.48 NAPLES FL 34102 7613 AREA NA ACRES A A CERT- 99 -VAL CERT- 00 -VAL CRES 48 26 34 48 26 N1 /2 OF NE1 /4 OF 99 LND $ 646800 646800 LEGAL -1 -2 34 SE1 /4, LESS R/W L -USE IMP $ MKT $ 646800 646800 -3 ASSD $ 646800 646800 -4 CURRENT -EX -AMT TAXABLE $ 646800 646800 HMSTD -X $ MILL -CODE 36 CNTY $ 2294.39 MSTU ti� 544.93 20 a -X $ $ S -SL $ 3330.37 WMB ; 363.50 S R -X $ MILL -RATE S -LB $ 1664.22 ISD ; 759.86 DIS -X $ 13.8877 CITY $ VADP + 25.29 BLD -X WID -X $ $ -2000 - FINAL (2000 TAXES) TOTAL 4 8982.56 AG -X $ -CERTIFIED - WH -X LOCATION NA 482634 TRS= 482634 RES477 Esc F1 Exit Update Agenda item No. 8F September 14, 2004 Page 56 of 121 70%L - e,e > FC 2 OC TR ID 00201520001 69280000081 FOLIO 00204520001 )WNER> CDN PROPERTIES LLC STRAP 482634 CERTIFIED 030.00)3B34 711 5TH AVE S STE 209 ORBIP 3004 / 660 SALE DATE 22 COLLIER 302 COUNTY, FL $AMT -TAX ROLL- ACRES * 9.25 NAPLES FL 34102 0000 TRS -> 48 26 34 AR EA NA LEGAL -1 34 48 26 N112 OF S1/2 OF CERT -2000 CERT -2001 48 LND $ -2 NE1 /4 323750 OF SE1 /4, LESS R/W 9.25 L -USE IMP $ 92694 370000 -3 AC OR 1975 P3 1379 MKT $ 416444 97612 -4 467612 CURRENT ASSD $ 416444 - EX -.4MT 467fi 12 H1STD -X $ TA XABLE $ 416444 MILL -CODE 467612 100 % -X SR -X $ $ 36 CNTY $ 1832.67 MSTU $ 377.32 DIS -X $ S -SL $ 2137.45 WMB $ 246.20 BLD -X $ MILL -RATE S -LB $ 1199.89 ISD $ 536.12 VIID -X $ 13.5679 CITY $ VADP $ 14.87 -2001- - CERTIFIED AD- VALOREM- .AG -X WH -X $ $ FINAL (2001 TAXES) TOTAL $ 6344.52 Esc (SITE) -> NA COLLIER BLVD 14335 RES477 F1 Exit Update 711 Fifth Avenuo Sawn' Suft 209 Napi", R 34102 941.65.9.8070 tax 659.6071 Q To: Be H00vef Agenda Item No, 8F September 14, 2004 57 of 121 The Vint.age Group vmms Cart M. NaO Hoover Plwnin p & Development, Inc - ftm 403.9009 it'sew 5 rhmm 403 AM vmw 6/14A2 Rem Collier Blvd. prnperly CC: Tom Craig ❑ Urvw d x Poir R.+vl.w ❑ n"We Conan+.! ❑ plwsse Repo O PlIeme Rae; SIGNED PLANNING C ?NTRACT ATTACHED. NOTE: I RECENTLI' TRANSFERRED THIS PROPERTY INTO OUR HOLDING COMPANY PLEASE ADDRESS FURTHER DOCUMENTS AS FOLLOW : L e r CARL M. NA(3EL , �a a9 i n� CDN PROPER-1 IES, LLC 711 FIFTH AVENUE SOUTH. SUITE 209 NAPLES. FL 34102 THANK YOU. el�L 7-"h - o f1t er P71 his w,'e Oa.� a L • /t1q '9 e)i 3 2S 4 "/c //4rbavr L-ar+, NRr & S' F e THOMAS F. mwkrr Ep�. NARES a aaAOT ::ftTE 300 �. -01 TAMIAMI TRAIL 1!, RAALES. FLORIDA 339V This instrument was prepared n7s Thomas 2. Maloney, isgaire (And - APProved By ':rantor's Attorney, George Scbwiad, Mequirs) n° QUARLES i BRAD!' '.! 4501 North Tam::aai Trail, 1300 Naples, Florida 33940 $ 6.00 re,rording $ 1,680.00 dor stamps Property ID# 00203680007 tt* I9$3062 OR: 2107 lt.r'bf 11001D10 Is 01nau 11ms of mm M", n 11/11115 It 11 :16M ;Baal 1, SIM, cum OKI HIM. N BC ffi ' a.N IOC -.TI If11.M Ida: MUSS a BNT 1511 ?11A1i 1111310 Ytus 1i 3311 3161 WARRANTY DEED THIS DEFI), is made this day of October, 1995, between R,Qqm 6K?i.]► KOBXLZ N(M MI 'W-0 a llOr oorporatioa, Grantor, whose t office address is: post Office box 126, Goodland, Florid; 33933, and RXC 3Kh" D. CfW:A and rx"CES A. C'.a1►I6, busbaad aad rife, as &a estate by the entiret'y, 3rantee, whose post office address is: Post Office Box 899, Edwards, 4:Olorado 81632. The grantor, in consideration of the sum of Ten Dollars ($10.00), and other good and valuable considerations paid by the grantee to the grantor, the receipt of which is hereby acknowledged, hereby conveys to grantee, the following described real property in Collier County, The South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4, Section 34, Township 48 South, Range 26 East, Collier County, Florida, less and except the East 2o0 feet. This deed is subject to the following: 1. COnd-- tions, restrictions, limitations and easements commCn to the i:ubdivision, if any. 2. Zoning and other governmental regulations. 3. Taxeii and assessments for current and subsequent years. 4. A Pu =chase Money Mortgage in the amount of $171,000.00 frost the grantee to the grantor, which is being delivered simultanec•usly with the delivery of this Warranty peed, Grantor f1klly warrants title to said land and will defend the same against the lalrful claims of all persoMPresident witnesses: AQUE HOME_, INC., a Flo co n Vjr� By: �✓ w 1 c e Pr ni t —Halos Mitne., t sc -- Ni KnATMR§ Pint. Nass owl• mess 2 '� STATE OF FLORIEA COUNTY OF COLLIER • o? :: The foregcing instrument was acknowledged before me this r��- day of October, 1995, by Joseph E. Curcio as Vice President, o behalf o:' the torpor tion. He ( ) is personal! known to me or •''rv�d ': _i, ,. ••� i4.N• 4% • y has produced ( ) C as identilicat�cn. (S') Notary Pub! c Print Name: kA1htkiW[ H. PEPPERS MY Commission E Tres. 0,�,,ar rue osflc,At �roTiuer out = Gn KATMlRM4 M VEPP[116 QBXAP1\71S20, corwrosaM MuwetR CGt362T7 • '$ � hr 4osrrrarou txv. i OF RD FE9. 17 1940 � 3 Agenda Item No. 8F 14, 2004 -FC 2 DC TR ID 00203630007 -� September FOLIO_ 00203680007 OMTER> CRAIG, RICHARD D =& FRANCES A STRAP 482634 011.00031334 PO BOX 899 ORB /P 2107 % 1174 COL_:JIER COUNTY,,- F SALE DATE 10 1095 -TAX ROLL - $AMT 240000 ACRES 9.25 EDWARDS CO 81632 0891) AREA NA TRS -> 48 26 34 CERT- 99 -VA31, CERT- 00 -VAL LEGAL -1 34 48 26 S1 /2 OF S1 /2 OF 7 LND $ 323751) 323750 -2 NE1 /4 OF SE1 /4 LESS R/W 9.25 L -USE IMP $ 36213 3883 -3 AC MKT $ 3273713 327633 -4 ASSD $ 3273713 327633 CURRENT -EX -AMT TAXABLE $ 3273713 327633 HMSTD-X $ MILL -CODE 100%_X $ 36 CNTY $ 1162.21 MSTU $. 276.03 SR -X $ S -SL $ 1686.98 WMB $ 184.13 DIS -X $ MILL -RATE S -LB $ 843.00 ISD $ 384.90 BLD-X $ 13.8877 CITY $ VADP $ '12.81 WID -X $ -2000 - AG -X $ FINAL (2000 TAXES) TOTAL $ 4550.06 wH_X $ -CERTIFIED - LOCATION NA CR 951 4:95 RES477 Esc F1 Exit Update Agenda Item No. 8F September 14, 2004 Page 60 of 121 NAGEL -CRAIG BUSINESS PARK STORM: WATER MANAGEMENT SUMMARy Prepared by Davidson Engineering, Inc. 2154 Trade Center Way Suite 3 Naples, Florida 34109 (239) 597 -3916 ` �., Agenda item No. 8P September 14, 2004 Page 61 of 121 NAGEL CRAIG BUSINESS PARK WATER MANAGEMENT SUMMARY The proposed Nagel Craig Business Park is located in the Harvey Drainage Bashi of Collier County, Florida- The project site is located in the northwest quadrant of1he intersection of Collier Boulevard with Vanderbilt Beach Road Wolf Road is adjacent to the north property line of the site and Collier Boulevard is adjacent to the east property line. The Harvey Basin Mister Drainage Plan requires that all portions of the project that are further than 2000 fern. north of Vanderbilt Beach Road discharge to the west into the Island Walk water nzinagement system All portions of the project that are within 2000 feet of Vanderbilt Beach Road shall drain into the Vanderbilt Beach Road right -cif -way. The northern 530' of the site shall, per the Collier County drainage plan, discharge to the west to the Island Walk water management system Currently there is a verbal ageement between the Wolf Creek PUD and the Nagel -Craig property owners that will allow this drainage discharge route to be accomplished. The southern 810' of the property would discharge to the south via a piped system within the loop road right -of -way to the Vanderbilt Beach Road drainage ditch. The Harvey Basin allows for a post development discharge rate of 0.055 cfs/acre. The rate of discharge through the Wolf Creek PUD would be approximately 0.81 cfs. The rate of discharge to the south will be approximately 1.25 cfs. If there is no agreement between the property owners that would allow the storm water from the northern portion of the site to discharge; through Wolf Creek PUD, then all the storm water would have to discharge to the V and rrbih Beach Road ditch and the allowable discharge would remain 1.25 c£5. It is the intent of the designers to engineer the water management system to the guidelines set forth by the Harvey Basin Master Drainage Plan, the South Florida. Water Management District :md Collier County. Specific drainage calculations will be performed at the time of Site Development Plan review and Environmental Reso'Mrce Permit review. Agenda !tern No. 8F September 14, 2004 Page 62 of 121 Preliminary Water Management Calculations Site area =37.5 acres' Area of property €;neater than 2000' north c►f VBR right -of -way =14.8 acres Area of property less than 2000' north of VBR right -of -way = 22.7 acres Harvey Draina &e Basin: Allowable discharge rate = 0.055 cfs/acre 14.8 acres x 0.055 cfs/acre = 0.81 cfs 0.81 c£s to dischar,ye through Wolf Creek to Island Walk 22.7 acres x 0.055 cfs/acre = 1.25 cfs 1.25 cfs to discharge to the south to V13R ditch2 'All numbers used in the above summary are for preliminary calculations and are subject to change when the project is submitted for SDP and 1,' RP review. 2If at the time ofpermitting, there is no agreement to discharge through Wolf Creek PUD, all of f he storm water run -off shall be routed to the VBR ditch. The allowable discharge rate will be limited to the area permitted to discharge to the VRR ditch per the Collier County drainage plan. In this case the maximum allowable discharge would be 1.25 cis. L Agenda Item No. 8F September 14, 2004 Page 63 of 121 NjLPLES DAILY NEWS Pualished Daily Naples, FL 34102 Affidavit of Publication Si:ate of Florida County of Collier Be Fore the undersigned they serve as the authority, personally and cared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples. in Collier County, Flc rida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE wa: published in said newspaper 1 time(s) in the issue on July 8 , 2002 A pant f rr&er ssys that the said Naples Deft News is a newspaper published at Naples, in said Collier County. Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, cad day and has been entered as second class amt matter at the post offit a in Naples, in said Collier County, Flarids, for a period of 1 yen nut preceding the first publintion of the attached copy of advt rtisem t; and affiant fiatha says that he has neither paid nor pmt ised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspap$ ( Signature of affiant) Sw )rn to and subscribed before me th day of July 2002 S14matme of notary public) 3,r+rny4, Donna Chesney My Commission D005a335 >o, Expires Soptember 11, 2005 PUDZ- 2002 -AR -2411 PROJECT #2002160060 DATE: 11/21/02 KAY DESELEM . 9 ruisuc muncE PUBLIC NOTICE PUBLIC NOTICE A enda Item No. 8F • piember 14 2QQ4 PUBLIC: 1NFORMATiON NIEETIN Page 64 of 121 G TO CONSIDER REZONING THE FOLLOW1NG DESCRIBED PROPERTY Land located on the southwest comer of Wolfe Rd. and Collier Blvd. approximately % mile north of Vanderbilt Beach Rd. FOR THE PURPOSE OF The applicants, Carl Nagel,, Managing Member of CDN Properties, LL.C, and Tom Craig request a PUD Rezoning frorn Agricultural to PUD for an upscale Business Park on approximately 37.5 acres of land located at thE., southwest comer of Wolfe Rd. and Collier Blvd. THE MEETING WILL BE HELD ON JULY 25, 2002 AT 5:15 PM AT FAITH COMMUNITY CHURCH 6455 22nd AVENUE NW MINTY MAP N No. sss�nei .� 2oox co .0 cv Z o E— Lo ttS E QS <n 1 �.5 r Y a� 0 A cu z V L .0 z m C O t a EI cis z C ca CL 0 V a L 13 Q W L N d `L ol N ci N c m t U O O UI m O U J m Q. v Z m O N m O Z CN m I � C i J �5 f is I 1 � M � v U _ z W �� ey J W � O Not ` t� �- �J iY W IL _ Z Z X Q. it t; W a 4 IL 3.4� V Q i a L cu z V L .0 z m C O t a EI cis z C ca CL 0 V a L 13 Q W L N d `L ol N ci N c m t U O O UI m O U J m Q. v Z m O N m O Z CN m I � C i J �5 f is I 1 � M � N t ( r r v M M �� ey J � 7 N t� �- t N t ( r r M M M �� ey J � 7 N t� �- t �S 3.4� Q LN n 0- r M M �� J 7 N t� �- s NILIN� • Agenda Item No. BF • September 14, 2004 Page 66 of 121 Public Participation Meeting Summary Nagel -Craig BuAness Park PUD July 25, 2002 The meeting was cal led to order at 5:15 PM by Collier County Planner Kay Deselem. There were approximately 11 people in attendance including Ms. Deselem, Bill Hoover of Hoover Planning & Development and Bob Mulhere of RWA, Inc. representing the petitioner. Ms. Dese lem briefly outlined the petition process and then introduced Bill Hoover. Mr. Hoover outlined what the petitioner is proposing for the subject property. H_ explained that business parks today do not contain uses that detract from the park's and neighborhood's overall character. In addition, the petitioner is removing many uses from the Business Park category that they deem inappropriate. There was a general discussion concerning the land uses proposed that abut the subject property. Additional discussion took place about the roadways within the general area and how they will connect to Vanderbilt Beach R.c ad and CR 951. Ms. Lewis, represent ing Christ Community Lutheran School, discussed access to their property. There was a brief discussion concerning the school location and specifics of their future development. Mr. Hoover said he would keep in touch with them as the business park project goes through the rezoning process. A brief discussion occurred concerning current building moratoriums and how they effect development in other areas of the county . Mr. Hoover explained the traffic study, which has been submitted to the county .and the large area it includes. There was a discussion concerning surrounding road impn.)vements that are scheduled anJ their timing with the development of this project. Level of service for the surrounding reads was also discussed and how the proposed shopping cenAer to the south will effect traffic. A general discussion occurred of checkbook concun-ency. Mr. Hoover discussed) the importance of properly located commercial as it relates to traffic patterns. The timing of development was discussed by Mr. Nagel. It was noted that the p umkting will take 18 months and then the road, utility construction and site development would add many more mont hs before buildings would be occupied. He talked about the: Petitioner's commitment to a quality business park for the area and where professional office space would bc provided He noted the inclusion of flex -space and storage; space. The meeting ended at 6:30 PM. Agenda Item No. 8F September 14, 2004 Page 67 of 121 Letter Affidavit Nagel -Craig Business Park On July 5, 2002 letter; were mailed to all property owners within 500 feet of the subject property. Additionall) a letter was mailed to the Golden Gate Estates Area Civic Jusn. William L. Hoover, AICP Agenda Item No. 8F September 14, 2004 Page 68 of 121 July 5, 2002 Dear Property Owner: Please be advised that as agent for the applicants, Carl Nagel, Managing Member n, of CDN Properties, LLC, and T )m Craig request a PUD Rezoning from Agricultural to PUD for an upscale Business Park on approximately 37.5 acres of Ia corner of Wolfe Rd. ai Collier Blvd nd located at the southwest In order to provide you an opportunity to become fully aware of our intentions and to give you an opportunit; f to influence the use of our property, we are holding a Public Information meeting at 5.15 on July 25, 2002 at Faith Community Church, 6455 2TW Avenue NW. At this meeting we will make every effort to illustrate the intended use of our ProP�y Sincerely, Bill Hoover, AICP Z07i. ZN^r so�v "G41W> . "D%AZ 1 -4 in.+a tn� OD O C\k5 . btt �17dab0 r-01 r mn rnAn. E a'90 0 .ccw:- 0.30 -vc - Ys D'OOZ E f �1�T '11 r� .D K R1,� •D <[ co N b •TIC'S O O j N 0. O M&D 4A J N' .o O ! 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'7t1 D'DOZ : -ADbo2 CAM0,0oz ADb02 tamcboZ N7A0G -Dom N7ACO �r r;z •n m. .+ r .. -IZ 7or In7CICboz -4 - .v►7d0'DOZ 4AMc -QOZ OR7pOVOZr �7AaOo0Z+-' N7AaO�OZr I O :p '- AD'DOZr - momoZr- 7040-00 Zr M17t7abOZ� N7g0bOZr' Ngcmozr '' tal '.O W O A `N 41{ O N700�0Z J` N N700b02 � NAGb02� N70oboZY NACboz Mmc- oort -' N77000 bOZ r4mcvozr I..j p ' r O K O N7dObOZr N70Cb0 yr N70a b0 Zr P.WcmoZr Zr M10Dbo N0CabVOOZZ+ � N 'O Y" -W NR0b�0 O N00bOZr Zr i+►RD'b'VOz►- NRObO rooze- NOZr VObozr► l VI .0 N O CD 0abo ZV" AobOZ pDbO zr rAa b02� N A - p O r O O O N0Cbor NAabO z� NpO.VOzr O WDbOZ' - V P i"0 -007-r N7DabOZ- N O .O .O Q O M�D�OZr NAOb02 NADbQ2r NpCbOZ►•' NRCbJZr O 'r twt0mozr Nxiomdz" N7n ►+ :m O -,` , Agenda Item No. 81= September 14, 2004 Page 70 of 121 PUD J, - APPLICATION NWETTNG NOTES Date: Z7 C 'Time: P Firm:* 0DyQf' i��a Project Name: Applicant Naive: C4�L t - (c5N C Phone: 14V'j4! j "jq Owner Name: Owner Address: -- Phone: Meeting Attendees: Planner: KA ;-, �`'r -t- 1 Meeting Note q__ Fhe'I': >tai i r �:S 'O 1'r.' tr ti: aj7i ?Y iY'C' ?jri r. f'21fYi1IC�' {F'rrif[ .t'!!z)illC,`'tj! /)rIalCllt2:flY: V.i)!.r KTZii 17 Copies of the Wowing: Completed Applic2 tion Sr Pre- application Meeting Notes Conceptual Site PhLn 24X 36" and One 8 '4 X 11- copy 2 P1JD document an(. Master Plan h �y r "✓7 ,I v Copies of the following: , (i? -45/teei Deeds/Legals & Survey (if boundary of original PUD is amended) List identifying (Dmner 0 & all parties of corporation 'E�r Owner /Agent Affidavit signed & notarized _B:Z--- 1 copy of complete 3 Addressing Checklist 4 Copies of the following: E] Traffic Impact Statement MIS) or waiver -- Co NTpGi �f -EA6r Environmental 6,&pc4A Pa f= L� Impact Statement (EIS) or waiver, [] Historical Survev dr waiver request Utility Provisions : tateiment w s etches Architectural rendering of proposed structures Survey, signed & scaled Recent Aerial Photograph (with habitat areas defined) min scald F'= 400' PUDZ-2042 -AR -3411 PROJEcr !#2002060060 Fees: Application Fee $--,000+S2- 5 per ac re DATE: 1l /21/02 KAY DF„q,ELEM �> $25 Data Conversion Pd$300.00 Pre- applic itiun fee (to be. credited toward applicatioxi fee upon submittal). Fhe'I': >tai i r �:S 'O 1'r.' tr ti: aj7i ?Y iY'C' ?jri r. f'21fYi1IC�' {F'rrif[ .t'!!z)illC,`'tj! /)rIalCllt2:flY: V.i)!.r KTZii Project Name PRE-APPLICATION MEETING SIGN IN SHEET i OtL�5 �W� Agenda Item No. 8F September 14, 2004 Page 71 of 121 Date of Meeting' Name Division/Dept Regarding Phone Number K(:iy Deselern CDES/Ping Srvcs Current Planning '239) 213-2931 F 44�116--' POD/ 7 7 � v 7 k S-30-9- 7j4 IA. -72 Z- Ole -z V, C Mn I I'A v' �e rD FMorm:;\11re-App sign in iheet.doc 6/6/02 Supplemental Deviation Justification Excerpts from Agent's resubmittal letter of September 25, 2003 With regard to Landscape Deviation 1: Reduction of required landscape buffer width - Staff does not support the proposed reduction in the required buffer width The proposed width reduction does not meet standards under L;)C 2.2.16 1/2.1. The required buffer width is required to provide adequate roomlart a for a double row of trees and to provide specific buffer designation for (BP's) under 2.2.161/2.2.4.7. The proposed buffer width reduction does not. Under LDC 2.2.161/2 business park standards "It is intended that the BP district be designed in an attractive park, like environment, with low structural density and large landscaped areas..." The proposed buffer widths would not meet the LDC intent and would present the same buffers as all other developments adjacent to this parcel and also within Collier County thereby defeating the purpose and intent of the business park district (BP) designation. The buffer width standard is required to meet purpose and intent for the Business Park Designation. It is also required to meet lap g°Odpdhorticultural practices. Response: Bawd irpon a meeting. with Susan Murray and Kay Deselem held on September 17, 2003, it was determined that the requested deviation was supportable, and could be deemed to be consistent with the purpose and internet of the Business Park District, if an amoi rnt of landscape area (with landscape trees) equal to that which is no being provided in I he landscape buffer (via the requested deviations) is placed in other locations (in the fban of landscape/greenspace) throughout the project. Accordingly, the deviation language in the PUD has been revised to read as ffolkrws: /! (1) Deviation from LDC Section 2.116 %.2.4 (7) to allow for a five -foot reduction is the requiraf northern, and southern perimeter buffers from 25 feet to 20 feet for the norther, eastern and southern perimeter landscape buffers. The 20 -foot -wide buffers sba l be designed in accordance with the provisions of LDC Section 2.2.16 Y1.2.4.7, ex xpt: (a) Only 800% of the required trees per Section 2.2.16 5424.7 shall be located within f he 20 foot perimeter buffets, placed no more than 30 feet on center, (b) One or more additional landscape/greenspace areas totaling 17,700 square feet and not less than 4,000 square feet in any single location shall be located internal to the Business Park or clustered at Park entrances. This additional landsca?e/greenspace area shall include at a minimum the balance of the trees normally required by Section 2.2.16 Yz.2.4.7, but not required within the perimeter buffers pursuant to paragraph (a) above. With regard to Landscape Deviation 2: Elimination of the masonry wall requirement adjacent to resides ial rises. Staff will support this deviation if the following stipulations/requin ments are provided. 1. All proposed P vservations and or Mitigation Planting Areas will be subject to Collier County Staff Approval at time of SDP(s). 2. No 24 -hour bu'.iness's or restaurants allowed within 100 feet of any Preserve or Mitigation AM L 3. No Access Roads/R.O.WNehicular Use Amas/Dumpsters allowed adjacent (with 20 ` feet) of any Preserve or Mitigation Area (Note: the 20 foot has been added to clarify wbat is meant by adjacent and was reviewed and support by Kay Deselem and Susan Murray during a meeting on September 17, 2003.) 4. No building ov x 35 feet in height within 100 feet of any Preserve or Mitigation Area Response: We agree with the above stipulations with the one clarification added to stipulation number 3. The clarification will require at least a 20 -foot separation between the listed uses and i he preserve or mitigation area and will thus define what is meant by the term "adjacent" in this context. The above conditions have been added to the PUD and the Master Play L Agenda Item No, 8F September 14, 2004 Page 72 of 121 3rd RE- S!Z_%M ! No. 8F PUDZ-2002eA J14, 2004 PROJECT #206146 A 121 DATE: 9/26/03 KAY DESELEM SCHEDULE OF DEVIATIONS (AND NELRRATIVE EXPLANATION AND JUSTIFICATION) �. Deviation from LDC Section 2.2.16 %22.4 (7) to allow for a five -foot reduction in the required northern, and southern perimeter buffers from 25 feet to 20 feet for the northern, eastern and sout Bern perimeter landscape buffers. These 20 -foot -wide bu5ers shall be designed to be opaque within one year with a six-foot wall, fence, hbdge: or berm, or ' combination thereof and two staggered rows of trees ,spaced no more than 30 feet pn center and a meandering LDC Type D landscape buffer hedge. In addition, a rr1 minuet of 50 percent of the buffer area shall be composed of a meandering bed of shrubs and ground covers otber than grass. ' Explanation and Rational for Deviation Request:. LDC Section 2.2..!6 %.2.4 (7) reads as follows: A 25 foot wide landscape buffer shall, be provided around the boundary of the business park A six-foot tall opaque architecturally finished masonry wall, or berm, or combination thertDf shall be required and two staggered rows of trees spa,;ed no more than 30 feet on center shall be located. on the outside of the wall, berm, or bermhvall combination. The project is uni lue'm that it will be surrounded on three sides (north, east & south) by roadways (two of which do not currently exist and which will be facilities, in part, by reservation/ dedication of land from Nagel -Craig Business Park). To the north is Wolfe Road, which is intended to become a public road at such time as all necessary ROW is reserved and acglired. The Nagel -Craig PUD provides for a 40 -foot wide reservation (for first 500 feet east of Collier Boulevard) and a 30 -foot reservation along the balance of the project's :iorthem boundary for Wolfe Road. Wolfe Road will provide a significant public benefit by reducing impacts on the intersection of Collier Boulevard and Vanderbilt Beach Road, by allowing residents and guests, and employee:: and clients of pn:)perties along; Wolfe Road and to the north and west of Wolfe Road to travel north and south withoul impacting this intersection. The same benefit is derive from the smaller loop road hat will be constructed around the newly approved shopping center in Mission Hills PUD to the south of the Nagel -Craig PUD. A significant po:-tion of this loop .road is located on Nagel Craig PUD property. Once constructed, the road will be dedicated to, and maintained by, the County. Transportation staff requestA both the smaller loop road :md Wolfe Road. There is a significant public benefit to the widening of Collies Boulev<rd and the establishment of the loop. road and Wolfe Road. This request simply mimm1?es. the impacts of these reservations on the proptnty owner, without compromising the intent of the perimeter buffer requirements. The requested 20- foot wide buffer will be visually attractive given the planting requirements. The five -foot reduction will not gill not be discernable to passing motorists and pedestrians, nor will'it have a deleterious impact on the health and survivability of the plantings. The buffer will be designed to be virtually opaque within one year. To the east is Collier Boulevard and the requested 20 -foot buffer widths are consistent with buffer widths that are: or will be approved on properies to the south (Mission Hills PUD) and the north. P:\2002\02 -0114.01 ;Nagel -Craig Businc s Park Add9 Suppart100 l General ConsultationTeviation Explanation and Jusdficatia -v5)_doa 1 Agenda Item No. 8F September 14, 2004 Page 74 of 121 To approve such' a deviation will not set a .precedent, as there are no other. known ' examples of business park district zoning surrounded .on three sides by roads to be or roadway easements to be dedicated by the applicant, as is the case here. Additionally, it will actually make the project consistent with the LDC requirements for 20' Type ly landscape bu$ering adjacent to vehicular right -of -ways per LDC Sec.2.4.7.4 Table 2:4. It is justifiable to approve the requested 5 -foot reduction perimeter landscape buffer width, when one considers that:*, . a) We will be planting all required vegetation; b) The requested 20 -foot wide buffer will be equal to or greater than buffet's on adjacent properties; c) The 5 -foot reduction will not be ' discernible to motorists or pedestrians, since the LDC requires a 6 -foot wall, berm, or combination thereof, to be im.taned within perimeter lax dscape buffer, and, d) None of thee perimeter buffers (north, south and east) are adjacent .to residential development. where clearly the wider buffer is justified. e) Finally, we have agreed that: ! (1) A mirdmum of 80% of the required trees eq per Section 21.16 %2.2.4.7 shall be located within the 20 foot perimeter buffers, placed no more than 30 feet on center; and, (2) One or more additional landscapdgreenspace areas totaling 17,700 square feet and not less than 4,000 square feet in any single location shall be :.orated internA to the Business Park or clustered at Park entrances. This :additional landscape/greenspace area shall include at a minimum the balance: of the trees not required per paragraph (a) above, but normally required within the 25 -foot Busincss park perimeter buffer by Section 2.2.16 y2.2.4.7. 2. Deviation from LDC Sections 2.6.11.4.2 and. 2.2.16 Y2-2.4.(7) to waive the requirement for a six-foot tall opaque architecturally finished masonry wall, or berm, or combinat ion thereof within the PUDs western perimeter buffer. Explanation and Rational for Deviation Request: LDC Section 2.6.11.4.2 reads as follows: Walls and fences required contiguous or opposite residentially zoned disxnctr. Whenever a nonresidential development lies contiguous to or opposite a . residentially zoned district, said nonresidential development shall provide a masonry wall or prefabricated concrete walllfence. If located on a contiguous property, the wall pence shall be a minimum of six feet and a maximum of eight feet in height and shall be located a minimum of six feet from the residentially zoned district. If oa a property opposite a residentially zoned district but fronting - on a local street, or the properties are separated by a platted alley, the wal4ience shall be located a minimum of three feet from the rear of the right- of •wav Agenda item No. 8F September 14, 2004 Page 75 of 121 street which is opposite the primary ingress and egress point of the project a`ong the street frontage which is adjacent to the rear of the project. At the applicants' request, the planning services director may determine that a masonry waWfence is not warranted, particularly where the local street lies contiguous to the rear of a residence or some other physical separation exists between the residential development and the nonresidential development, or for other good cause including the existence of a wall on an adjacent residential development. ?Ile applicant shall demonstrate that the intent of this section can be effectively accomplished, without constructing a wall, by submitting for the approval of an alternative design, and a descriptive narrative through the administrative variance process set forth in subsection 2.6.11.5.7. of this Code. The planning services director will review the submitted documents for consistency with the intent of this section and, if the administrative variance is approved the fact of the approval and basis for it shall be stated in the site development plan c pproval letter. Section 2.2.16 %.2.4 (7) reads as follows: A 2S foot wide lar, dscape buffer shall be provided around the boundary of the business park A six foot tall opaque architecturally finished masonry wall, or berm, or combination thereof shall be required and two staggered rows of trees spaced no more than 30 feet on center shall be located on the outside of the wall, berm, or berm/wall combination. Currently, no portion of the property is adjacent to residential uses. The portion of the property that will be adjacent to the future residential uses, assuming the Wolf Creek PUD is approved, Aill be separated from those residential uses by significant retained and replanted native vegetation preserves. Further separation will be provided in the form of stormwater mariagelnent lake facilities. It must be understood that minor revisions to the boundaries of the pit eserves (both created and retained) may occur. The native vegetation buffer width is, at its narrowest point, a minimum of fifty feet in width. '[be native vegetation makes a substantial buffer between the adjacent residential and the business park. These preserves, both existing and planted will provide for a more than adequate buffer, when coupled with the roadway and the buffer on the adjacent residential development. The deviation reque rt has been revised to indicate that at the time of SDP, a landscape plan will be submittl A depicting existing retained vegetation, vegetation to be planted as mitigation for native vegetation retention, and, where necessary, supplemental vegetation within retained native vegetation areas to. result in vegetative screening of the business park uses from the adjacent residential property. The purpose of the wall requirement is to ensure that the adjacent residential land uses are adequately buffered from th,-, business park uses. In the cas -, at hand, structures are limited to a height of 35 feet within 100 feet of the adjacent proposed residential PUD. Moreover, no outside storage is permitted in the PUD. Thus, there are no concerns relative to tall buildings, or noise, or odors, that might be generated :from the business park uses, as we have agreed to limi-: building heights to 35 feet not to exceed one story within 100 feet of residentially zoned property - PA200:'W -0114.01 Nagel -Craig Business :'ark Addl Support\0001 Genera] Consultation\Deviation Explanation and 3us&iication(iev5) -doe 3 Agenda Item No. 8F September 14, 2004 Page 76 of 121 The: existing nati Je vegetation areas, coupled with the proposed replanted vegetation arews, water maw.geme:nt lake, and buffers that will be installed on the adjacent future residential PUD vrill more than adequately screen the residential uses from tie business park. The vegetation within the preserve areas will be supplemented, where necessary to ensure virtually opaque buffer. Please keep in mind that the adjacent residential PUD is required to provide a Type B `Tifteen- foot -wide, 80 percent opaque within one year landscape buffer ;six feet in height, which may include • a wall, fence, hed €;e, berm or combination thereof, including trees spaced no more than 25 feet on cerner. When planting a hedge, it shall be a minimum of tern gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at planting." So, in. actuality, the buffer between these uses will be at least 65 feet in width, and inmost cases significantly wider. This will be virtually opaque and shall be adequate to buffer the adjacent residential uses. 3. Deviation from L11C Section 2.2.16 %2.2.5.5 which limits building heights in the Business Park district to 35 feet to allow building heights up to 42 feet in height when located a minimum of 100 feet from any residential zoned property. Explanation and Rational for Deviation Request: This request is consistent with the allowable height in the Mission 'sills PUD immediately to the south. Allowing the increased building height of 7 feet will allow for architectural roof design flexibility, and higher ceilings, within a three story building, which is approprial:e for professional office uses and corporate headquarters. The district purpose and intent indicates that the BP district be `.`designed in an attractive park -like environment, with low structural density and large landscaped areas provided for both the functional use of buffering and enjoyment by the employees of the BP district." The allowance for sligitly taller buildings will clearly allow for 3 -story office structures designed with arclitectural embellishments and enhanced roof design. Since the total square footage of the park is limited to 417,000 square feet, encouraging the development of 3 -story office bt ildings will further the purpose and intent of the district by reducing building coverage and increasing land available landscaping and open space. The allowance is not in conflict with the intended low structural density, which arguable is achieved through open spaces and landscaping and not necessarily through reduced height, particularly since 3 -story buildings can be achieve in 35 feet. The additional 7 feet requested simr ly creates an opportunity for greater architectural design flexibility, primarily for office uses located on the second or third floor of a building, and for a flexible roof design that will be much more aesthetically appealing, such as a gable roof design versus a flat :-oof design. Moreover, the only planned future residential zoning adjacent to the PUD is along the western boundary 1 Wolfe Creek PUD). The PUD Master plan provides for native vegetation preservation retention and mitigation areas along the western boundary, which are at minimum 50 feet in width and on average more than 100 feet in width. The perimeter buffers and perimeter roadways, coupled with the predominance of non- residential uses adjacent to the project ensures that the additional building height will not I result in an incompatibility issue. We have agreed, as was discussed with staff on July 29"', to limit building height to 35 feet not to exceed one story (the same building height PAW W02-0114.01 Nagel -Craig Business Park Add? Support\0001 General ConsultationlDeviation Explanation and Justf cation TcYS�doe 4 • Agenda Item No, 8F September 14, 2004 Page 77 of 121 that is permitted :n the single - family residential distinct) within 100 feet of ' residential zoned property. This will also ensure an appropriate transition required under Division 2.8. 4. Deviation from UDC Section 2.2.16 %2.2.1 and 2.2.16 %2.2.3 which identifies; Permitted Primmy and Seccndary uses, respectively, to allow for the following additional uses which are not Tccifically identified in 2.2.16 %2.2.1 and 2.2.16 %2.2.3, but which are comparable in nature to many of the uses that are expressly permitted and which are desirable uses within the business park. a. Pen nitted Princi al Uses and Structures: 1. Building construction - general contractors (groups 1521 - 15421. 2. Landscape Counseling and Planning (078 1) b. Acc �ssory Uses to Permitted Primary and Secondary Uses I. Automobile rental (group 7514), accessory to a permitted hotel/motel (gro.ip 7011) only. Explanation and Rational for Deviation Request: The deviation request for these few uses is based upon their comparable nature with other expressly permitte+i uses in the district. We have provided substantial buffering, especially from the proposed future residential to the west. We intend to develop very attractive buildings in a `park -like" setting. Outdoor storage of equipment is _prohibited, and parking of o)mmercial vehicles is only permitted in rear yards. Building construction - genes l contractors (groups 1521 - 1542), which includes general building contractors, for both residential and non - residential buildings, including industrial and warehouse buildings, is not in any significant way different from Spec.aity trade contractors group (1711 — 1799), which is permitted in the Business Park zoniig district. Thus, a deviation is being requested Please remember that outside storage is not permitted anywhere in the park. If specialty contractors are located within the park, then it makes sense to potentially allow for general contractors to be located within the park as well, assuming that equipment and material storage will be located elsewhere and that primarily the park would accommodate a company headquarters/office facility (with respect to both general and specialty trade contractors). The SIC Code dese lzbes Landscape Counseling and Planning (0781) as Estalihshments primarily engaged landscape planning and in perform Indscape architecture and counseling services. This is a use that is very similar to the permitted (Engineering, accounting, research, management and related services (groups 8711 — 8748). In fact, many full- service consulting firms provide landscape architecture services in addition to civil engineering, planning, surveying ad the like. To exclude this use does not make sense. The auto rental uses :.s only anticipated as a support (accessory) use to a potential lodging facility (hotel/motel ). P.12002102 -01 1 4.01 Piagel -Caig Business .'ark Add_9 Suppor60001 General Consultation\Devdation Explanation and Justification( cvS).doc 5 Agenda Item No. 8F September 14, 2004 Page 78 of 121 NAGEL -CRAIG BUSINESS PARK PUD �'tandard Rezone Considerations (LDC Section 2.7.2.5) .l. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map vnd the elements of the growth management plan. Response: The development of approximately 37.5± acres of property in Collier County, as a Planned Unit Development to be known as the Nagel -Craig Business Park PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan, as amended The business park facilities of the Nagel - Craig Business Park PUD will be consistent with the growth policies, land development regzlations, and applicable comprehensive planning objectives for the following reasons: 1. The subject poperty is within the Urban -Mixed Use District land use designation as identified on he Future Land Use Map and as described in the Business Park Sub - District of th-. Urban - Mixed Use District in the Future Land Use. Element, as amended. The Future Land Use Element permits business park uses in this area. 2. The subject _property's location in relation to existing or proposed community facilities and services permits the development's business park intensity as described in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complimentary to surroundvig land uses as required in :Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Futt" Land Use Element. 5. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. 6. The project development is planned to protect the functioning of natural drainage features and maural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 7. All final loca. development orders for this project are subject to Division 3.15, Adequate Pubic Facilities, as amended, of the Collier County Land Development Code, as amens ied 2. The existing land ase pattern. RE -SUBMITTAL PUDZ- 2002 —AR -3411 PROJECT #2002060060 DATE: 6/12/03 KAY DES ELEM Agenda item No. 8F September 14, 2404 Page 79 of 121 Response: The proposed project will be consistent with the existing land use pattern, given the recent approvals of PUD Zoning adjacent, and surrounding the proposed PUD property, and the implementing of the LDC and PUD development standards. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Response: No, die proposed PUD Zoning District will is consistent with the GW provisions for a Business Park District. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. Response: Whit, not necessarily illogically drawn, the Agricultural Zoning District in the Urban/Mixed Use Future Land Use Designation is merely a holding District until it is appropriate for a change to a Urban District. It is understood that land zoned agricultural in the Urban designated are will change to another more urban district in time;. S. Whether changea or changing conditions make the passage of the proposed amendment (rezone) necessapy. Response: Histmicaily, the area has changed from an agricultural land use pattern to one that allows for a mixture of residential and nonresidential urban uses. Therefore, the proposed zoning change is appropriate based on the existing conditions of the property, and the surrounding properties, and because of its relationship to the Future Land Use Element of the G-owth Management Plan is a positive one. 6 Whether the proposed change will adversely influence living conditions in the! neighborhood. Response: No, tLe development standards, and commitments contained in the PUD will provide reasonable assurance that the project, when completed, will not ad, ersely affect living conditions : n the area. 7. Whether the proposed change will create or excessively increase traffic cong,?stion or create types of traffic deemed incompatible with surrounding land uses, because ofpeak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Response: No, th-. roadway infrastructure commitments attendant to the approval of this PUD will improve existing vehicular circulation patterns, and will enhance access Opportunities for surrounding existing and future lands uses, and for public safety. Moreover, the Business Park will provide employment opportunities that will reduce the distance that employee must travel from points east to the western urban area resulting in a positive impact in terms of trip reduction n the County's east/west arterial system. Agenda Item No. 8F September 14, 2004 Page 80 of 121 & Whether the proposed change will create a drainage problem. Response: No, th(: drainage infrastructure commitments attendant to the approval of this pUD will not degi ade, and will improve existing drainage. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Response: No, tho development standards in the PUD document ameliorate any potential light reduction imies. 10. Whether the proposed change will seriously affect property values in the adjacent area. Res op nse: This is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affecb:d by a host of factors including zoning; however, zoning by itself may or may not affect values, since the determination by law is driven by market value. The mere fact that a pi operty is given a new zoning designation may or may not affect value. The proposed PUD should have a positive impact on property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent properly in accordance with existing regulations. Response: No, the basic premise underlying the zoning development standards in the Collier County Land Development Code, which the PUD document will become a part of if approved, is that their application, when combined with the approvals processes, gives reasonable assurnice that a change in zoning will not deter improvement of adjacent property. In additional, coordination, to the extent possii�le, with adjacent landowners has occurred throughoy it the process. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Response: No, the proposed PUD rezoning complies with the Growth Management Plan. Public policy statements support zoning actions when they are consistent with said Plan. In light of this fact, the proposed zoning change does not constitute a grant of special privilege. Consistency with the Future Land Use Element of said Plwi is further determined to be .1 public welfare relationship because actions consistent with the Plan are in the public uiterest. Further, the PUD is consistent with the Business Park Zoning District. Where deviations are permitted through this PUD rezoning process they are permitted as a result of a determination of public benefit or not public detrimait. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Response: The subject property can be developed in accordance with the existing zoning, however, to do s:) would deny this Petitioner of the opportunity to ra-mimize the development potential of the site as made possible by its consistency relationship with the Future Land Use Element of the Growth Management Plan.. Further, development under 3 Agenda Item No, 8F September 14, 2004 . Page 81 of 121 the agricultural zoning is limited and does not result in an economy of sc21e for urban uses which is d:sirable in the urban designated area where adequate ,;ervices. and infrastructure is xiailable to serve such urban uses. 14. Whether the change suggested is out ofscale with the needs of the neighborhood or the county. Response: No, the proposed PUD will not be out of scale with the needs of the neighborhood anc in fact, will serve the needs of residents and will provide employment opportunities as )A-ell. .15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. Response: There are very few sites that are zoned to accommodate a Business Park District. This is :u relatively new district create to provide for a unique and business oriented mixture of uses. Moreover, this is not usually the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with ,ail elements of the Growth Management Plan, land use compatib ility, adequacy of infrastructure, and to a lesser extent the timing of the action. 16. The physical characteristics of the property and the degree of site alteration which would be required to mai.e the property usable for any of the range ofpotentwl uses under the proposed zoning classification. Response: The caent of site alteration will be determined, as a fiunction :)f obtaining development plan approvals that will further define the PUD. Required native vegetation preservation and/or mitigation for impacts to required native vegetation pres:rvation can be accommodated on site. The site can also accommodate significant land to be utilized for transportation improvements, water management, and landscape buffers, while retaining sufficient lands for intended uses. 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 define-I and implemented through the Collier County Adequate Public Facilities Ordinan �!e [Code ch. 106,. art. L7, as amended. Response: The programmed improvements as set forth in Collier County's Capital Improvement Element of the Growth Management Plan addresses the adequacy of public services and levels of service to be consistent with the Growth Management Plan relationships. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined During public hearing (s) 4 Agenda Item No. 8F September 14, 2004 Page 82 of 121 PUD Rezone Considerations (LDCSection 2.7.3.2.5) 1. ?Tie 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. Response: The proposed PUD's consistency with the locational criteria set ::orth on the Future Land Use Map and supporting Future Land Use Element (FLUE), of the Growth Management Plan (GNP), and consistency with the applicable Elements related to access, drainage, water, sewer, and other utilities, combined with the development conditions and commitments contained in the proposed PUD document, gives reasonat le assurance that all infirastructure will be developed consistent with County regulations. 2. ,adequacy of etiidenee 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. Findings and recommendations of this type shall be made only after- consultation with the county attorney. Res_yonse. The d(wuments submitted with this petition application provide twidence of unified control. Further, the proposed PUD document makes appropriate: provisions for continuing operation and maintenance of common areas. 3. Conformity oft he proposed PUD with the goals, objectives and policies of the growth management plan. Response: Please rf :fer to the Item # 1. under Standard Rezone Conditions, above. 4. ?Tie internal and external compatibility ofproposed uses, which conditions may include restrictFons on location of improvements, restrictions on design, ar,d buffering and screening requirements. Response: The PLID Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. Additionally, most external relationships are automatically regulated by the Land Development Code to ensure harmonious relationships between projects. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Response: The amount of open space set aside by this proposed project meets or exceeds the provisions of the Land Development Code. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Agenda !tern No. 8F September 14, 2004 Page 83 of 121 Response: The timing and sequence of the permitting the proposed development coincides wish the programming of the County's proposed capital improvements to meet concurr mcy requirements. Adequate improvements, utilities and other facilities can be provided. 7. The ability of 'the subject property and of surrounding areas to accommoolate expansion. Response: Ability ; as applied in this context, implies supporting infrastrutture such as wastewater disposal system, potable water supplies, characteristics of the property relative to ha:mrds, and capacity of roads is supportive of conditions em.3nating from urban development. Relative to this Petition, development of the subject property is timely, became supporting infrastructure are available, or will be in Place by the time permitting of the proposed improvements is complete. 8. Conformity with PUD regulations, or as to desirable modifications ofsuch regulations in the particular case, based on determination that such mothRcations of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations: - Response: The development standards in the proposed PUD document are colisistent with the standards is the Business Park district, which reflects the purpose and intent of the Future Land Use Element- 6 Agenda Item No, 8F September 14, 2004 039 Pei pa; Ala aj 011li-113e July 30, 20C 3 Mr. Robert J. Mulhere, AICP RWA, Ina. 3050 North Horseshoe Dris e, Suite 270 Naples, FL 34104 Re: Functional and Traffic Circulation Element Classification of Collier Boulevard and Vanderbilt Beach Road. Dear Mr. Mulhere: This correspondw= is in re!spoum to your request for clarification and confnmation of the above referenced County roadways. the forthcoming widening of these roadways, and revisions to the County's Functional Classifications as a result of the changed roadway function and the widening of these roadways First, the Coutuy's adopted access maruagement plan, as amended by Resolution 01 -247. both Collier Boulevard (from Golden Gtte Parkway to Immokalee Road) and Vanderbilt Beach Road (from I -75 tc, Collier Boulevard) are both functionally classified (currently) as Class 4 arterial roadways (and will be: classified as Class 3 arterials after the 6 -lane widening of each is completed}. In any case, as I understand it, the Collier County Comprehensive Plan requires that a Business Paris District have "direct access . A a road classified as an arterial in the Traffic Circulation Sob - Element." As we had previously indicated to you, it is the intent of the Transportation Planning Department to amem3 the Plan to revise the nomenclature urilizod (in both the County's Access Management PUm, as amended by Resolution 01 -247, and in the Comprehensive Plan) to refer to roadway classes rather than the mots pmeric terms of "arterial and collea o " and the like. As you are aware, the Plan amendments have not occurr+xl to date. Nevertheless, Transportation Planning does still intend to amend the Traffic Circulation Sub - Element and the Collier County Functional Classification Map (TR -3) to reflect the actual functional classification of these and other roadways. FDAT, with the assistance of the County is re -doing the functional classification$ of all of the n adways to be consistent with current conditions. Both Vanderbilt and C9.951 will be classified as arterials. at that time, consistent with their function. It is expected that these amendments will occur in the next (2004) GMP amendment cycle, as part of the County's Evaluation and Appraisal Repoli (EAR) Pro xs I trust that this is responsive to your concerns. Please let me know if you have any other questions regarding this matter. C iraceraly. AICP =r,Scott, Tru mportation Plat ring cc: David Weeks, AICF', Collier County Long Range Planning Bob Mulhere, AICP, RWA Inc. Kay Deselem Mr. Carl Nagel 2ND RE- SUBMITTAL The Vintage Group, LLC PUDZ- 2002- AR-3411 711 Fifth Avenue South, Suite 209 PROJECT # 2002060060 Naples, FL 34102 DATE: 8/13/2003 KAY DESELEM Agenda Item No, 8F September 14, 2004 ORDINANCE NO. 04- Page 85 of 121 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 91 -102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURAL TO "CPUD" COMMERCIAL PLANNED UNIT DEVELOPMENT FOR A PROJECT TO BE KNOWN AS NAGEL -CRAIG BUSINESS PARK PUD LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD (C.R. 951), APPROXIMATELY 1/4 MILE NORTH OF VANDERBILT BEACH ROAD (C.R. 862), IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.5± ACRES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Mulhere, of RWA, Inc., representing the applicants, Carl M. Nagel, managing partner of CDN Properties LLC and Thomas Craig, Craig Construction and Restoration, Inc., in petition number PUDZ- 2002 -AR -3411, 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 subject 37.5± acres as described in the PUD document located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Agricultural to "CPUD," Commercial Planned Unit Development in accordance with, and legally describing the Nagel -Craig Business Park PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Zoning Atlas map or maps, as described in Ordinance Number 91 -102 as amended, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall not become effective until it is filed with the Secretary of State, and until the Collier County Functional Class Map in the Transportation Element of the Collier County Growth Management Plan (Map TR -3) identifies Collier Boulevard (CR 951) as an arterial roadway and then becomes effective, except that if the change required above to identify Collier Boulevard as an arterial roadway has not been adopted and become effective within one year from the date that the Board of County Commissioners adopts this Ordinance, then this Ordinance will not become effective and any implied PUD approval is deemed null and void. Thereafter, the project would be required to be resubmitted and reviewed in compliance with the Page 1 of 2 Agenda [tern No. 8F September 14, 2004 Page 86 of 121 entire public hearing process that would be required for a new PUD rezoning under LDC requirements in effect at that time. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney 2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Attachment: Exhibit "A " —PUD document RY: Page 2 of 2 DONNA FIALA, CHAIRMAN Agenda Item No. 8F September 14, 2004 Page 87 of 121 NAGEL - CRAIG BUSINESS PARK PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: CARL M. NAGEL CDN PROPERTIES, LLC 711 FIFTH AVENUE SOUTH, SUITE 209 NAPLES, FLORIDA 34102 and THOMAS R. CRAIG CRAIG CONSTRUCTION & REHABILITATION, INC. 2770 S. HORSESHOE DRIVE, SUITE 4 NAPLES, FLORIDA 34104 PREPARED BY: ROBERT J. MULHERE, AICP RWA, INC. 3050 N. HORSESHOE DRIVE, SUITE 270 NAPLES, FLORIDA 34104 and R. BRUCE ANDERSON ROETZEL & ANDRESS 850 PARK SHORE DRIVE TRIANON CENTRE -THIRD FLOOR NAPLES, FL 34103 DATE FILED November 14 2002 DATE REVISED _ August 19, 2004* DATE REVIEWED BY CCPC August 5, 2004 DATE APPROVED BY BCC ORDINANCE NUMBER * TO REFLECT CCPC COMMENTS/RECOMMENDATIONS EXHIBIT "A" REVISED (3) 01/20/04 TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE Agenda Item No, 8F September 14, 2004 Page 88 of 121 PAGE ii iii 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 3 SECTION II DEVELOPMENT STANDARD REGULATIONS 5 SECTION III BUSINESS PARK AREAS PLAN SECTION IV DEVELOPMENT COMMITMENTS REVISED (3) 01/20/04 11 15 EXHIBIT "A" EXHIBIT "AI" EXHIBIT `B" EXHIBIT "C" EXHIBIT "D" Agenda Item No. 8F September 14, 2004 Page 89 of 121 LIST OF EXHIBITS PUD MASTER PLAN WITH CONCEPTUAL WATER MANAGEMENT PLAN TYPICAL LANDSCAPE BUFFER PLAN BOUNDARYSURVEY VICINITY MAP PUBLIC FACILITIES MAP REVISED (3) 01/20/04 iii Agenda Item Rio. 8F September 14, 2004 Page 90 of 121 STATEMENT OF COMPLIANCE The development of approximately 37.5± acres of property in Collier County as a Planned Unit Development to be known as the Nagel -Craig Business Park PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan, as amended. The business park facilities of the Nagel -Craig Business Park PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is within the Urban -Mixed Use District land use designation as identified on the Future Land Use Map and as described in the Business Park Sub - District of the Urban - Mixed Use District in the Future Land Use Element, as amended. The Future Land Use Element permits business park uses in this area. In addition to the locational criterion, the Business Park Sub - district also contains the following criteria: a. Business parks shall be a minimum of 35 contiguous acres. The term contiguous shall include properties separated by either an intervening planned or developed public street right -of -way; provided, however, no portion of such separated properties shall be less than five acres. In aggregate, the maximum allowable acreage of all Business parks, exclusive of open space and conservation areas is 500 acres. This PUD contains +/- 37.5 contiguous acres. The approval of this PUD will not result in an aggregate number of acres of business park zoning exceed 500 acres (exclusive of open space and conservation areas). b. Business parks shall be permitted to develop with a maximum of 30 percent of the total acreage for non - industrial uses. Non - industrial uses include: retail uses which serve the employees of business within the park or are related to the products, goods and services manufactured, distributed, produced or provided by businesses in the park; certain offices; financial institutions; retail services; institutional and cultural facilities; medical facilities; hotels /motels at a density of 26 units pre acre; and recreational facilities. This PUD specifically identifies such uses and provides for limitations on the amount of these non - industrial uses consistent with the Collier County LDC Business Park zoning district, Section 2.2.16 ' /z. c. Business parks within the Urban Mixed -Use district of the Future Land Use Element shall have direct access to a road classified as an arterial street on the Five Year Future Traffic Circulation Map contained in the Transportation Element, and shall have an internal circulation system that prohibits traffic from having direct access to the arterial roadway and from traveling through predominantly residential areas. Access shall be in accordance with the Collier County Management Policy or plan and consistent with Objective 7 and Policy 7.1 of the Transportation Element. Collier Boulevard is not classified as an arterial on the County's Five Year Future Traffic Circulation Map contained in the Transportation Element. Collier Boulevard is, however, classified as a Class 4 arterial roadway, under the County's adopted access management plan, as amended by Resolution 01 -247. After the planned 6 -lane widening, Collier REVISED (3) 01/20/04 1 Agenda item No. 8F September 14, 2004 Page 91 of 121 Boulevard will be classified as a Class 3 arterial. Collier County Transportation Planning has indicated that the classification of this roadway on the County's Five Year Future Traffic Circulation Map contained in the Transportation Element, will be amended in the near future. No development applications will be accepted or approved until an amendment to the Collier County Functional Class Map in the Transportation Element of the Collier County Growth Management Plan (Map TR -3) identifies Collier Boulevard (CR 951) as an arterial roadway and then becomes effective. d. Business parks shall have central water and sewer, and shall not generate light, noise or odors so as to be incompatible with surrounding land uses. The subject site shall be served by Collier County utilities for potable water and wastewater. This PUD contains specific development standards and will adhere to applicable provisions of the Collier County LDC to ensure that the project will not generate light, noise or odors so as to be incompatible with surrounding land uses. Business parks shall adopt standards for the development of individual building parcels and general standards for buffering, landscaping, open space, signage, lighting, screening of outdoor storage, parking and access management. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's business park intensity as described in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to comply with applicable sections of the Collier County Land Development Code as set forth in Objective 3, Policy 3.1 of the Future Land Use Element. 5. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 6. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, as amended, of the Collier County Land Development Code, as amended. REVISED (3) 01/20/04 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE Agenda Item No. 8F September 14, 2004 Page 92 of 121 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 Nagel -Craig Business Park PUD. 1.2 LEGAL DESCRIPTION The subject property being 37.5± acres, is comprised of 3 adjoining parcels that are located in Section 34, Township 48 South, Range 26 East, and is fully described as: The North half of the Northeast quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less the east 100 feet previously deeded for State Highway right -of -way (Parcel 1). The North half of the South half of the Northeast quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less the east 100 feet previously deeded for State Highway right -of -way (Parcel 2). The South half of the South half of the Northeast quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less the east 100 feet (Parcel 3). 1.3 PROPERTY OWNERSHIP Parcels 1 and 2 are owned by: CDN Properties, LLC, 711 Fifth Avenue South, Suite 209, Naples, Florida 34103. Parcel 3 is owned by: Richard D. and Frances A. Craig, P.O. Box 899, Edwards, Colorado 81632. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the west side of Collier Boulevard, approximately '/< mile north of Vanderbilt Beach Road, (unincorporated) Collier County, Florida. B. The zoning classification of the subject property prior to the date of the approved PUD was "A," Rural Agricultural. C. The co- applicants have demonstrated unified control of the subject property with the submission of an affidavit of unified ownership. REVISED (3) 01/20/04 Agenda Item No. 8I= September 14, 2004 Page 93 of 121 1.5 PHYSICAL DESCRIPTION The Project site is primarily located within the Harvey Drainage Basin, according to the Collier County Drainage Atlas. The proposed outfall for the Project is to the south through the Mission Hills PUD water management system. The discharge point from the Mission Hills PUD is the existing Swale, located along the northern side of Vanderbilt Beach Road. Natural ground elevation typically varies from 12.9 to 13.5 NGVD; average site elevation is 13.2 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the Project will include the construction of a perimeter berm with crest elevation set at or above the 25 -year, 3-day peak flood stage. Water quality pretreatment will be accomplished by an on -site lake system prior to discharge into the Mission Hills PUD stormwater management system. The water management system will be permitted by the South Florida Water Management District ( SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this Project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre - treatment, and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is #2 — Holopaw Fine Sand, Limestone Substratum. Site vegetation consists predominantly of pine flatwoods and woodlands with a mix of different vegetation types. 1.6 PROJECT DESCRIPTION The Nagel -Craig Business Park PUD is a project comprised of 37.5± acres designated for business park uses. Business park uses and signage are designed to be harmonious with one another and will be compatible with adjacent and nearby land uses. In addition to compliance with all applicable provisions of the LDC, except where deviations have been authorized, this compatibility and harmony will be achieved by using common building architectural elements and common entryway signage and landscape design themes. In addition, required native vegetation preserves have been located so as to maximize buffers from adjacent residential uses. Finally, the project has been designed to provide for adequate land to accommodate the planned 6- laving of Collier Boulevard (adjacent to the project), and for safe and efficient ingress to and egress from the project. REVISED (3) 01/20/04 4 Agenda Item No, 8F September 14, 2004 Page 94 of 121 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Nagel -Craig Business Park Planned Unit Development Ordinance ". REVISED (3) 01/20/04 SECTION II DEVELOPMENT STANDARD REGULATIONS 2.1 PURPOSE Agenda Item No. 8F September 14, 2004 Page 95 of 121 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 Nagel -Craig Business Park PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code, as amended, and Growth Management Plan, as amended, in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code, as amended, 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 time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Nagel -Craig Business Park PUD shall become part of these regulations, which govern the manner in which the PUD site may be developed. D. All applicable regulations, unless specifically waived through a variance or set forth in a schedule of deviations, or other separate provision in this PUD Document, shall 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. REVISED (3) 01/20/04 6 2.3 2.4 2.5 Agenda item No. 8F September 14, 2004 Page 96 of 121 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES. Land Use Acreage Water Management Lakes (L) +/- 2.5 acres Future ROW Reservation/Dedication (ROW) +/- 3.3 acres Existing Native Vegetation Preserve Areas (PN) +/- 2.5 acres Native Vegetation Mitigation Areas (PM) 2.0 acres Total Native Vegetation (PN + PM + 1.0 Acres of Replanted +/ -4.5 acres Native Vegetation in B Tracts ) Business Park Development Tract(s) (B) +/- 28.2 acres Total Project Size 37.5 acres Total Project Size Less ROW Dedication +/- 34.2 acres I _._ __ ------ � , n _____ _Ci T .:.. V a a: « Ds l «a;« ./A A;a a: « ..tee., /DAR r��rYiunui�awiy i.v a�.ia, va � ..�...,y..,......... ........... ..........., ..,a_._ -_.._. ___r-- -----a•--- ---a- ---.-'.'-- �----� are depicted on the Master Plan. The balance will be provided within the Business Park Tract(s) (B). All such replanted native vegetation mitigation areas shall be in compliance with LDC section 3.9.5.5. DENSITY OR INTENSITY OF LAND USES Business park uses are limited to 28.2± acres. The PUD further limits intensity to a maximum of 417,000 square feet of permitted Business Park uses as set forth in Section 3.3 of this PUD. Table B below provides a further description and breakdown of development intensity limitations: Use Type Square Footage Percent of +/- Percent of Overall Limitation 28.5 acre "B" Project (37.5 Acres Less Business Park 4.0 Acres for Collier Areas Blvd. ROW Reservation) 4 Total Primary Uses (B) 417,000 +/-35% +/-29.0% and Secondary Uses' 125,100 maximum. 2 +/-10.5% +/-09.0% 1 Secondary Uses are identified in Section 3.3 (B) of this PUD document. 2 The 125,100 square feet 30% figure is based upon the total square feet figure of 417,000. The actual allowable square footage for Secondary Uses is limited to a maximum of 30% of the total square footage of Primary Uses. Thus, if less than 417,000 square feet is built, then less than 125,100 square feet of Secondary uses are allowed. 3 Percent of total square footage of 28.2 acre Business Park Area. 4 Percent of total square footage of 37.5acre PUD (less 3.30 acres of ROW Reservation). RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses are illustrated graphically on Exhibit "A ", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. REVISED (3) 01/20/04 Agenda Item No. 8F September 14, 2004 Page 97 of 121 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 infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.6 SALES/RENTAL FACILITIES Temporary sales /rental trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33 of the LDC, as amended. 2.7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided for in the Collier County LDC, Section 2.7.3.5, as amended. 2.8 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Should tracts or parcels be created with ownership and maintenance responsibility common to all owners of property within this PUD, appropriate legal instruments shall be provided for the establishment of a Property Owners Association. The functions of the Property Owners Association shall include provisions for the perpetual care and maintenance of all common areas and facilities, including opens space and native preservation areas, subject to the provisions of the LDC Section 2.2.20.3.8. 2.9 PROVISION FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL The excavation and stockpiling of earthen material in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off -site 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 Land Development Code, whereby off -site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. B. All other provisions of Division 3.5 Excavation of the Land Development Code shall apply. REVISED (3) 01/20/04 SECTION III BUSINESS PARK AREAS PLAN 3.1 PURPOSE Agenda item No. 8F September 14, 2004 Page 98 of 121 The purpose of this Section is to identify specific development standards for the Business Park Areas as shown on Exhibit "A ", PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated as `B" Business Park on the PUD Master Plan are intended to provide a variety of business park, financial, health, cultural facilities, restaurants, child care centers, retail, transient lodging, and office uses. Business Park Areas are limited to a maximum of 28.2 ± acres. The project is intended to be platted in several phases, and developed though a series of subsequent Site Development Plans for specific platted parcels. The entire Business Park is limited to a maximum of 417,000 square feet of gross floor area, thirty percent of which may be developed with Secondary Uses, as identified in Section 3.3 (B) of this PUD document. 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. No subsequent development orders will be approved until an amendment to the Transportation Element has been adopted and become effective that changes the classification of Collier Boulevard (C.R. 951) to an arterial road. All uses shall be compatible with neighboring residential uses and shall not emit odors or noises detectible beyond the lot on which the use is located. There shall not be any outdoor storage. A. Permitted Primary Uses and Structures: One hundred (100) percent of the total Business Park development tracts acreage and building square feet is allowed to be developed with the following uses, but a minimum of 70% (19.25 acres /291,900 square feet)' of the project must be dedicated to primary uses. 1 The 70% minimum applies to the total built floor area — if less than 417,000 square feet in total is built, then 70% of that will be less than 291,900 square feet. REVISED (3) 01/20/04 9 Agenda Itern No. 8F September 14, 2004 Page 99 of 121 Building construction - P 1 1542 general contractors {groups 1521 through P 2 Business services (group 7311). P P Communications (groups 4812 through 4899, including 3. communication towers, limited in height to 100 feet and subject to P- except P LDC Section 2.6.35.6.2.1, as amended). towers. * P = Permitted/NP= Not Permitted REVISED (3) 01/20/04 10 Construction - special trade contractors (groups 1711 - 1731, 1742 except for drywall construction and lathing contractors, 1743 but no on -site cutting of marble, 1751 - 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 4. installation contractors, caulking contractors, cleaning buildings contractors, counter top installation contractors, fence construction P P contractors, fireproofing buildings contractors, ornamental metalwork contractors, landscaping installers and landscaping maintenance 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 Depository and non - depository institutions (groups 6011, 6019, 6081, 6082). P P 6. Drugs and medicines (groups 2833 — 2836). P P 7 Eating places (group 5812 except fast food restaurants, walk -up windows, and drive- through restaurants are prohibited). P P 8 Educational services (groups 8221 — 8244, 8249 except for truck driving schools, 8299. P P 9. Electronics manufacturing (groups 3671 — 3699). P 10. Engineering, accounting, research, management and related services P (groups, 8711— 8748, 0781 and 0782). P P 11. Furniture and fixtures manufacturing (groups 2511 — 2599. NP P 12 Government offices/buildings (groups 9111 — 9222, 9224 — 9229, 9311, 9411— 9451, 9511- 9532, 9611 — 9661). P P 13. Health services (groups 8011— 8049. P P 14. Computer equipment (groups 3571 — 3579). P P 15. Leather and leather products (groups 3131 - 3199. NP P * P = Permitted/NP= Not Permitted REVISED (3) 01/20/04 10 Agenda item No. BF September 14, 2004 Page 100 of 121 * P = Permitted/NP = Not Permitted REVISED (3) 01/20/04 11 #xn a�g NINEPIN Measuring, analyzing, and controlling instruments; photographic, 16. medical and optical goods; watches and clocks manufacturing (groups P P 3812— 3873). Medical laboratories, research and rehabilitative centers (groups P P 17. 8071, 8072, 8092 - 8093). P, SIC numbers 18. Miscellaneous manufacturing industries (groups 3911 — 3993, 3999). 3961, 3956, 3991, 3993 P only. 19. Motion picture production (groups 7812 - 7819). P P 20. Printing, publishing and allied industries (groups 2711 — 2796). NP P Professional offices: insurance agencies (group 6411); insurance 21 carriers (groups 6311 - 6399); real estate (groups 6531 - 6553); P P holding and other investment offices (groups 6712 — 6799); attorneys (group 8111 . 22. Security/commodity brokers (group 6211). P P 23. United States Postal Service ( ou 4311). Warehousing (group 4225 but only indoor self - storage) within Tract NP P 24 B(1) only, subject to the following criteria: The use of metal roll -up garage doors located on the exterior of a. the perimeter buildings and walls of buildings, which are visible from a public right -of -way, are prohibited; Access to individual units, whether direct or indirect, must be b. from the side of a building that is oriented internally; No building shall exceed 100 feet in length when located within C. 100 feet of the western or northern property lines; d. No outdoor storage of any kind is permitted; Storage units shall be utilized for storage purposes only; and e. f. This use is limited to a maximum of five acres. Wholesale trade durable goods (groups 5021, 5031, 5043 - 5049, P P 25. 5063 -5078, 5091, 5092, 5094 - 5099. Wholesale trade non - durable goods (groups 5111 - 5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, 26. insecticides, and pesticides shall be a minimum of 500 feet from a P P residential zoning district. 5192 - 5199). * P = Permitted/NP = Not Permitted REVISED (3) 01/20/04 11 Agenda Item No, 8F September 14, 2004 Page 101 of 121 B. Permitted Secondary Uses and Structures: Development is limited to a maximum of thirty (30) percent of the total Business Park development tracts acreage and building square feet for the following uses.2 * P = Permitted/NP = Not Permitted C. Accessory Uses to Permitted Primary and Secondary Uses: Uses and structures that are accessory and incidental to the Permitted Uses within this PUD Document. 2. Caretaker's residence, subject to section 2.6.16 of the Land Development Code. 3. Retail sales and/or display areas as accessory to the principal use, not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use and subject to retail standards for landscaping, parking and open space. 4. Outdoor storage and display of merchandise shall not be permitted. 3.4 DEVELOPMENT STANDARDS 2 Assuming maximum development of the allowable acres /square feet of Permitted Primary Uses (19.25 acres/291,900 square feet), the maximum acres/square feet of Permitted Secondary Uses is (8.25 acres/125100 square feet.) If less than 417,000 square feet in total is built, then 30% of that will be less than 125,100 square feet. REVISED (3) 01/20/04 12 Agenda Item No. 8F September 14, 2004 Page 102 of 121 A. Minimum Lot Area: Twenty thousand (20,000) square feet. B. Minimum Lot Width: One hundred (100) feet. C. Minimum Yards: (1) Principal and accessory structures: (a) From Collier Boulevard — 75 feet, inclusive of the required 25 foot landscape buffer adjacent to Collier Boulevard. (b) Front Yards - Fifty (50) feet. (b) Rear Yards - Twenty -five (25) feet. (c) Side Yards - Ten (10) feet. (d) Preserves (Principal) - Twenty -five (25) feet (e) Preserves (Accessory) - Ten (10) feet D. Distance Between Principal Structures on the Same Parcel: A minimum of 15 feet or one -half the sum of the building heights measured by the closest exterior building walls, whichever is greater. E. Minimum Floor Area: One thousand (1000) square feet. F. Maximum Height: Three stories, not to exceed forty-two (42) feet, except within 100 feet of a residential zoning district, where the height is limited to thirty-five (35) feet not to exceed one story. G. Maximum Building Coverage: Maximum building coverage shall not exceed forty-five (45) percent of the lot area. H. Minimum Open Space: A minimum of thirty (30) percent of each lot shall be devoted to open space. Open space shall be that unoccupied space which is not used for buildings, parking, driveways, or structures and is open to the sky. On improved lots, open space is the area between and around structures including recreation areas. REVISED (3) 01/20/04 13 Agenda Item No, 8F September 14, 2004 Page 103 of 121 I. Landscaping_ (1) Except where provided elsewhere in this document, all landscaping shall be in accordance with the LDC, as amended and in effect at the time of SDP or Plat/Construction Plan Approval, as applicable. (2) Along the western perimeter of this PUD, the retained native vegetation areas and areas identified for mitigation in the form of replanting of native vegetation as required by LDC Section 3.9.5.5.6, are a minimum of 50 feet in width and on average more than 100 feet in width. These native vegetation areas provide substantial screening from the adjacent proposed residential lands. Therefore, the requirement for a six -foot tall opaque architecturally finished masonry wall, or berm, or combination thereof, per LDC Section 2.2.16'/2.2.4.7 shall not be required within the PUD's western perimeter buffer. (3) Along Collier Boulevard, the required 25 -foot landscape buffer shall be planted in accordance with the applicable provisions of Division 2.4 of the LDC and Section 2.2.16 %2.2.4(7), except that all required canopy trees shall be a minimum of 12 feet in height at time of planting. J. Off - Street Parking and Loading_ Requirements: As required by Division 2.3 of the Land Development Code in effect at the time of Site Development Plan approval or building permit application, whichever is first applicable. K. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential, where such lighting is located within two hundred (200) feet of any residential property. L. Signs Signs shall be permitted as described in Section 2.5 of the Collier County Land Development Code except pole signs shall not be allowed. M. Storage: No outdoor storage or display of merchandise or equipment of any kind shall be permitted. The parking or storage of commercial vehicles may be permitted on improved property, however, such overnight commercial vehicle parking or vehicle storage shall occur in rear yards and shall be screened from view by a 6- foot high opaque fence, wall, berm, or landscaping, or any combination thereof, if visible from Collier Boulevard, Wolfe Road, or the Loop Road. Overnight vehicle storage is limited to '2 -axle vehicles within Tracts B -3 and B -4 and 3 -axles vehicles in Tracts B -1 and B -2. Other than vehicle storage, subject to the limitations described herein, outdoor storage is prohibited within the Business Park. Chain link fences are prohibited. REVISED (3) 01/20/04 14 Agenda Item No. 8F September 14, 2004 Page 104 of 121 N. Sidewalks: As required in division 3.2 or other applicable sections of the LDC. O. Architectural and Site Design Standards: All buildings and projects shall be subject to the provisions of division 2.8. P. Deviations: (1) Deviation from LDC Section 2.2.16 '/2.2.4 (7) to allow for a five -foot reduction in the required northern, and southern perimeter buffers from 25 feet to 20 feet for the northern and southern perimeter landscape buffers. The 20- foot -wide buffers shall be designed in accordance with the provisions of LDC Section 2.2.16 %2.2.4.7, provided: (a) A minimum of 80% of the required trees per Section 2.2.16 %2.2.4.7 shall be located within the 20 foot perimeter buffers, placed no more than 30 feet on center; and, (b) One or more additional landscape /greenspace areas totaling 11,000 square feet and not less than 3,000 square feet in any single location shall be located internal to the Business Park or clustered at Park entrances. This additional landscape /greenspace area shall include at a minimum the balance of the trees not required per paragraph (a) above, but normally required within the 25 -foot Business park perimeter buffer by Section 2.2.16 %2.2.4.7. (2) Deviation from LDC Section 2.2.16 '/2.2.4 (7) to waive the requirement for a six -foot tall opaque architecturally finished masonry wall, or berm, or combination thereof within the PUD's western perimeter buffer, subject to the following conditions: (a) All proposed Preservations and or Mitigation Planting Areas will be subject to Collier County Staff Approval at time of SDP(s). (b) No 24 -hour businesses or restaurants are allowed within 100 feet of any Preserve or Mitigation Area. (c) No Access Roads/R.O.WNehicular Use Areas/Dumpsters allowed adjacent (with 20 feet) of any Preserve or Mitigation Area. (d) No building over 35 feet in height within 100 feet of any Preserve or Mitigation Area. (3) Deviation from LDC Section 2.2.16 %2.2.1 which identifies Permitted Primary Uses and Structures, to allow for the following additional uses which are not specifically identified in 2.2.16 %2.2.1, but which are REVISED (3) 01/20/04 15 Agenda Item No, 8F September 14, 2004 Page 105 of 121 comparable in nature to many of the uses that are expressly permitted, are desirable uses within the business park, or in the case of SIC Code 0782, the use is currently existing on the property and it is desirable to retain the existing use. A. Permitted Primary: 1. Building construction - general contractors (groups 1521 - 1542). 2. Landscape Counseling and Planning (0781) (4) Deviation from LDC Section 2.2.16 '/2.2.5.5 which limits building heights in the Business Park district to 35 feet to allow building heights up to 42 feet in height when located a minimum of 100 feet from any residential zoned property. REVISED (3) 01/20104 16 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE Agenda Item No. 81= September 14, 2004 Page 106 of 121 The purpose of this Section is to set forth the commitments for the development of this project. 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, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. No subsequent development orders will be approved until an amendment to the Transportation Element has been adopted and become effective that changes the classification of Collier Boulevard (C.R. 95 1) to an arterial road. Except where specifically noted or stated otherwise, the standards and specifications of the Collier 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. Which 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 development its, successors, and assigns, regardless of turnover or not to any property or homeowners' association. The developer, his successor or assignee, shall 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. 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. Final configuration of Preserve Areas shall be based on jurisdictional agency determinations, and modification of said preserve boundaries shall be permitted during final plat/site development plan review. 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 insure the continued operation and maintenance of all service utilities and all common areas in the project. REVISED (3) 01/20/04 17 Agenda Item No. 8F September 14, 2004 Page 107 of 121 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 expected to be completed in several phases, although no specific phasing schedule has been determined. 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, as amended. B. Monitoring Report: An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code, as amended. C. In addition to the requirements of Section 2.7.3.6, the annual PUD monitoring report must identify the approved and the built square footage for primary, secondary and accessory uses. The three categories must be enumerated in the report separately. D. With each SDP submittal, the cumulative SDP - approved and built square footage for primary, secondary and accessory uses must be provided. The three categories must be enumerated separately. 4.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. Subdivisions. 4.6 WATER MANAGEMENT A. A copy of the South Florida Water Management District ( SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the SDP submittal. B. A copy of the SFWMD surface water permit shall be submitted prior to Final Site Development Plan approval. This project shall be designed in accordance with the Harvey Basin criteria as regulated in Ordinance 2001 -27 (also known as 90 -10) as amended. If applicable, at the time of final site development plan review, legal poof that adjacent property owner will allow storm water discharge from the proposed project into his/her property shall be provided. C. An Excavation Permit will be required for' any proposed lake(s) in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD rules. REVISED (3) 01/20/04 is 4.7 Agenda Item No, 8F September 14, 2004 Page 108 of 121 D. Lake setbacks from the perimeter of the PUD may be reduced to twenty-five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. UTILITIES Water, Reclaimed Water and Wastewater Stipulations: A. Water and wastewater systems shall be constructed in accordance with State of Florida Laws and Collier County's Codes and Ordinances. B. All construction plans, technical specifications and hydraulic design reports are to be reviewed and approved in writing by the Engineering Services Department of the Community Development and Environmental Services Division prior to commencement of construction. C. Upon completion of construction, all water and wastewater systems within the project shall be tested and must meet minimum County standards and requirements. The system(s), or a portion thereof, that is found to meet the requirements set forth in Item #5 below, may then be conveyed to the County for ownership and maintenance. D. If County's utility system does not have access readily available to serve a project within the County's service area, extensions to the County infrastructure may be required. All required extensions must be the sole responsibility of the Developer, fiscally and otherwise (time and schedule), unless such extension has been previously defined in the County Water and/or Wastewater Master Plan. In such case, the developer may negotiate an upsizing agreement with the County. If it is determined by the County that neither of these two options are feasible, an interim system may be considered. E. Items on the following list shall be conveyed to the County for ownership and maintenance upon approval from the Board of County Commissioners if they are located within a County right -of -way or County Utility Easement (CUE), are in compliance with the latest revision of the Collier County Utilities Standards and Procedures Ordinance, and are connected to the County Water, Wastewater or Reclaimed Systems: 1. Potable water lines 6" or larger, including water meters and backflow devices that are not on fire lines 2. Gravity wastewater lines 8" or larger 3. Wastewater lift stations that are located within a CUE 4. Force mains 4" or larger 5. CUEs that are determined to be necessary to access and maintain utility systems and structures 6. Non - potable irrigation water lines 6" or larger, including the water meter and backflow devices. REVISED (3) 01/20/04 19 Agenda Item No. 8F September 14, 2004 Page 109 of 121 For potable and reclaimed water distribution systems that will not be conveyed to the County, a master meter shall be required. Such systems shall be owned and maintained by the applicant, his successor or assigns, from the customer side of the master meter and backflow device or the check valve at the property line or County Utility Easement limit. School and park developments are included in the list of types of developments whose internal systems the applicant or assigns shall be responsible to own and maintain. F. Private lift stations shall conform to the same specifications that apply to public lift stations, unless a Deviation from the Ordinance has been granted in advance and writing by the County Wastewater Director. The lift station Control Package shall include an operable Telemetry Control System, as specified by County Standards. G. The Developer will pay all impact fees in accordance with the latest revision of the Collier County Consolidated Impact Fee Ordinance, Section 74.303D. H. This project will have only one master pump station. I. Lift station easement areas shall be designed to 30 feet by 30 feet, or twice the wetwell depth by twice the wetwell depth, whichever is larger. Solid Waste Collection and Disposal Stipulations• A. Pursuant to Ordinance No. 90 -30, as amended, solid waste disposal shall be required in the form of bulk containers service (garbage dumpsters and/or compactors) for all commercial and industrial establishments, unless authorization for alternative means of disposal is approved by the Public Utilities Division. Bulk container service shall be required for all multi - family projects not receiving curbside pickup. Solid waste disposal shall be required in the form of curbside pickup for all units on the annual Mandatory Trash Collection and Disposal Special Assessment Roll's. All individual units within a deed - restricted area must have an enclosed location other than the residential structure, such as a carport or garage for the storage of individual solid waste containers, or as otherwise permitted in Section 2.6.15 of the Collier County Land Development Code. B. Pursuant to Ordinance No. 90-30, as amended, all provisions and facilities for solid waste collection and disposal shall conform to all portions of Section 2.6.15 (Solid Waste Collection and Disposal) of the latest edition of the Collier County Land Development Code. 4.8 TRANSPORTION A. Within 60 days of the effective date of this PUD rezone, the developer must provide a 50 -foot right -of -way easement for public use along the easternmost 500 feet of the north PUD boundary and a 30 -foot right -of -way easement for public use along the balance of the PUD's northern boundary for the future Wolfe Road REVISED (3) 01/20/04 20 Agenda Item No, 8F September 14, 2004 Page 110 of 121 improvements. The developer shall construct said ROW improvements within the easternmost 500 feet of the proposed Wolfe Road, including required left and right turn lanes, to County standards, prior to the issuance of a certificate of occupancy. If within five years form the effective date of this PUD rezone, a requirement to construct Wolfe Road from a point 500 feet west of the terminus with Collier Boulevard and extending to the westerly Nagel -Craig PUD boundary, has not been made a condition of zoning approval for one or more adjacent or nearby developments, then it shall also be a condition of this approval to construct that portion of Wolfe Road to County standards, specifically including two travels lanes, provided that all necessary dedications and easements are granted to allow construction and public uses on the on the 30 foot portion of the proposed Wolfe Road north of and adjacent to the north PUD boundary. B. Prior to the issuance of a Certificate of Occupancy for any building within the PUD, The "Loop Road" depicted (in part) on the PUD Master Plan shall be fully constructed to County standards, and shall have been inspected and approved by Collier County. C. Prior to the issuance of any development approvals, the developer must provide a 65 -foot right -of -way reservation along the entire frontage adjacent to Collier Boulevard (CR 951). This developer shall convey this reservation for Collier Boulevard improvements within 90 days of request by Collier County, and shall be eligible for fair market value payment or for impact fee credits, in compliance with Collier County LDC Section 2.2.20.3.7. D. All traffic control devices used must be in accordance with the traffic control standards as adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. E. Arterial level street lighting must be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent certificate of occupancy. F. Proposed points of ingress and/or egress and proposed median openings as shown on the PUD Master Plan are conceptual in nature and subject to change. The County reserves the right to modify or close any ingress and/or egress location (s) determined to have an adverse affect on the health, safety and welfare of the public. Any such modifications may be based on, but are not limited to issues of, safety, operational circulation, and roadway capacity. G. Site - related improvements necessary for safe ingress and egress to this project, as determined by Collier County, and the project's internal roadway system are not eligible for impact fee credits. All required roadway improvements must be in place and available to the public prior to the issuance of the first certificate of occupancy. REVISED (3) 01/20/04 21 Agenda item No. 8F September 14, 2004 Page 111 of 121 H. Nothing in the PUD document or the Master Plan or any development order will vest a right of access in excess of aright 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 will the lack thereof be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments must be operated and maintained by an entity created by the developer and Collier Country will have no responsibility for maintenance of any such facilities. If any required turn lane improvement requires the use of existing County right - of -way or easement, compensating right -of -way must be provided without cost to Collier County as a consequence of such improvement. K. 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 must be borne by the developer and all money must be paid to Collier County before the issuance of the first certificate of occupancy. L. Should adjacent development be approved prior to development approval for this site that would provide shared access or interconnection with this development, then this project must participate and cooperate to allow such shared access or interconnections to occur. The PUD Master Plan must be revised to show these locations as part of the development approvals for this project. Changes to the Master Plan to accomplish said interconnection or shared access allowances would not require an amendment of the PUD. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and must accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. 4.9 PLANNING 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. 4.10 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and Collier County wetland rules. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with REVISED (3) 01/20/04 22 Agenda Item No. 8F September 14, 2004 Page 112 of 121 protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. C. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty- five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Environmental Services Department Staff. D. 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 Services Department Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. Preserves shall be maintained free from Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. E. Any perimeter berms shall be entirely outside of all upland and wetland preserve areas. F. A minimum of thirty (30) percent open space of the gross site area, as described in Section 2.6.32 of the Land Development Code, shall be provided. G. This PUD shall be consistent with the Environmental section of the Collier County Growth Management Plan Conservation and Coastal Management Element and the Collier County Land Development Code at the time of final development order approval. H. A minimum of 4.5 acres of native vegetation shall be preserved/mitigated on site to meet the preservation requirement. Approximately 2.5 acres of existing vegetation will be preserved and approximately one acre recreated per the master plan. The location of the remaining native vegetation necessary to meet the required 4.5 acres shall be designated at the time of the first development order submittal for this PUD. 4.11 LANDSCAPING A. The perimeter landscape buffers on the north and south perimeters of the PUD may be reduced to 20 fee in width, provided: REVISED (3) 01/20/04 23 Agenda item No. 8F September 14, 2004 Page 113 of 121 (1) A minimum of 80% of the required trees per Section 2.2.16 '/2.2.4.7 shall be located within the 20 foot perimeter buffers, placed no more than 30 feet on center; and, (2) One or more additional landscape /greenspace areas totaling 11,000 square feet and not less than 3,000 square feet in any single location shall be located internal to the Business Park or clustered at Park entrances. This additional landscape /greenspace area shall include at a minimum the balance of the trees not required per paragraph (a) above, but normally required within the 25 -foot Business park perimeter buffer by Section 2.2.16 %2.2.4.7. B. The perimeter landscape buffer along the projects western boundary will consist of existing retained native vegetation and replanted native vegetation (on site mitigation, per Section 3.9.5.5). These preservation areas are a minimum of 50 feet in width and an average of 100 feet in width. As such, a six -foot tall opaque architecturally finished masonry wall, or berm, or combination thereof shall not be required along the western perimeter buffer, provided: (1) All proposed Preservations and or Mitigation Planting Areas will be subject to Collier County Staff Approval at time of SDP(s). (2) No 24 -hour businesses or restaurants allowed within 100 feet of any Preserve or Mitigation Area. (3) No Access Roads /R.O.WNehicular Use Areas/Dumpsters allowed adjacent (with 20 feet) of any Preserve or Mitigation Area. (4) No building over 35 feet in height allowed within 100 feet of any Preserve or Mitigation Area. C. Along Collier Boulevard, the required 25 -foot landscape buffer shall be planted in accordance with the applicable provisions of Division 2.4 of the LDC and Section 2.2.16 %2.2.4(7), except that all required canopy trees shall be a minimum of 12 feet in height at time of planting. D. All perimeter landscape buffers shall be installed at the earliest of the subdivision plat or SDP approval for the specific phase or phases within which the perimeter landscape buffer is located. REVISED (3) 01/20/04 24 cmo� O O LV Z v O E -v 245— � E C c 2a Q(n O U =M 3M a%U UM �ar�u& %U NV1d 831SVN and 'Iinia 19AMAMOM MOSa Vff NNVd SS3NIsne DIV83- 130VN am � aw surwm 130VN IWO ONV OFVNO Y401 big kin Nil Nil m _ = cn M — 11 - *11 3i 14;1!t 4+l ,091 ".i P 42 ass l q t� .99 3WWU M o a .se aanitLt 1 -- — — — — — — — ... ... *-H � OI 101 N I a3 a I III? g� �� ml o a q a G. �� I €5 zY P. A ® r U23 P:I " e s. IL e wx x Vag Ai SSi �a� 3.sS VS. 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R LAKE Igloo � ■ � X101 =222: ■III■ BRITrANY BAY l . IMMUNE _ Jun ii. 2003 — 14:07:16 P:\2002\02-0114.0lNc9e.—Cra WAVA"' CONsLjEa_ NG rs & Diapp r, .i. %. 1 r 1 Z Plane s, Pmjm Dian igen 3090 North Nefsesho. Dmw subs vo NepMS, Fkride 3eto4 Plane: � sa�1509 FAX: Q39] Bs47056 Business Park Add? Support \0001 General Consultotion \20114X02.dwg WE CUENJT: JUNE, 200 TOM CRAIG AND CARL NAGEL N.T.S. °�" A S. `E= NAGEL -CRAIG BUSINESS PARK CHECKED BY: VICINITY MAP - E- XHIBIT C D.H.N. 34 48S 266EE NUMBER: 02- 0114.01 NUMBER: 1 OF NUMBER: 20114X02 Agenda Item No. 8F September 14, 2004 Jun 11. 2003 - 14:0&-57 P: \2002 \02 - 0114.01 Nagel -Craig Business Park Add? Support \0001 General Consultation \201 T4X01.owg IMM TTNC JUNE, zoos CLIENT. TOM CRAIG AND CARL NAG EL sapir PXy r� FZ00cem N.T.S. .i°IL V V�i � � hfs � A.S. T'TLE NAGEL —CRAIG BUSINESS PARK 3D50 N"ftsedweDOMSukeM CHETM M PUBLIC FACILITIES MAP — EXHIBIT D Naples. FWlft34104 D.H.N. n FILE B¢ Sra: Twp RGE PROJECTO2 —O 1 4 .O NUM ER: Of NUMBER: `0 1 1 4XO 1 34 48S 265E NUMBER: NAPLES- MAMCKALEE ROAD f C.R 848 OAK NAPLES- I NM01(A G. ROAD C.R. 844LAUREL O ELEMENTARY SCHOOL t6 SCHOOL vi NORTH REGX%NAL/ O O wATER � OAK RIDGE MIDDLE SCHOOL 5 3 R � F I � 1 Z PRO.IECT o LOCATION b BUSINESS PARK DISTRICT /I, NORTH NAPLES SUBSTATION ILT B 1 ROAD EXT. VA N20MZXACI ROAD EKT. R a w ci GOLDEN GATE FIRE CONTROL k RESCUE DISTRICT STATOR 71 i m GOLDEN GATE BOU iVARO S TINE RIDGE FOAD (CR. 896) PINE RIDGE ROAD EXT. (C.R. 8%) WHITE BOULEVARD GREEN BOULEVARD O c Z DISTRICT #2 GOLDEN CA t ci OSIBSTATIONTE m (CA 866 ) Q o � GATE PARKWA < 2 ¢ - COLUER COUNTY NATER-SEWER DISTRICT O 3 1 - SOUTH WATER TRE! TMENT FACILITY = S W �LCOIMTY O RADIO ROAD (C.R 836 AIRPORT Jun 11. 2003 - 14:0&-57 P: \2002 \02 - 0114.01 Nagel -Craig Business Park Add? Support \0001 General Consultation \201 T4X01.owg IMM TTNC JUNE, zoos CLIENT. TOM CRAIG AND CARL NAG EL sapir PXy r� FZ00cem N.T.S. .i°IL V V�i � � hfs � A.S. T'TLE NAGEL —CRAIG BUSINESS PARK 3D50 N"ftsedweDOMSukeM CHETM M PUBLIC FACILITIES MAP — EXHIBIT D Naples. FWlft34104 D.H.N. n FILE B¢ Sra: Twp RGE PROJECTO2 —O 1 4 .O NUM ER: Of NUMBER: `0 1 1 4XO 1 34 48S 265E NUMBER: Agenda Item No. 8G September 14, 2004 Page 1 of 65 EXECUTIVE SUMMARY PUDZ -A- 2004 -AR -5211, Naples Golf Development, LLC, Naples South, LLC; and Naples Golf Club South LLC, represented by Robert Duane, AICP, of Hole Montes, Inc, requesting a rezone from "PUD" Planned Unit Development known as Boyne South PUD to "PUD" Planned Unit Development to be known as Boyne South PUD by revising the PUD document and Master Plan to change the permitted use of Tract B from Commercial/Motel to allow for 34 multi - family units and eliminate the 64 motel units; increase the number of dwelling units from 154 to 171 dwelling units; change the permitted use of the existing Tract "D" from multi - family to single family; provide for a new access point east of the existing access road; reduce the size of the golf course tract from 152 acres to 148 acres; and increase the size of the residential area from 54 acres to 58 acres. The property is located on the south side of US 41, five miles east of Collier Boulevard (C.R. 951), in Section 20, Township 51 South, Range 27 East, Collier County, Florida, consisting of 242.35+ acres. nR iF.CTIVF. The petitioner requests a rezone from "PUD" to "PUD" Planned Unit Development known as the Boyne South PUD for the purpose of revising tract acreage and permitted uses. CONSIDERATIONS: The existing PUD consists of 242 acres and contains an existing golf course, clubhouse, golf driving range, hotel/motel tract, and single- family lots. The PUD is unusual in that it is entwined with existing residential single- family (RSF -3) zoning. In some cases, lots on one side of the street are zoned RSF -3 and lots across the street are zoned PUD. The subject of this petition is the PUD only, not the RSF -3 lots. There are four major proposed changes to the PUD: Changing the permitted use of Tract B from hotel/motel to multi- family residential so that hotel/motel will no longer be a permitted use in the PUD; An increase in the maximum number of residential dwelling units from 154 to a maximum of 171, resulting in a density of 0.76 dwelling units per acre; Changing the type of residential uses on undeveloped Tract D, from multi - family to single - family and combining Tract D with single- family Tract E (resulting in a larger Tract E, consisting entirely of single- family lots); Reducing the acreage of the golf course tract by 4 acres, from 152 acres to 148 acres. The resulting PUD will contain a driving range (Tract A), a 34 -unit multi- family tract (Tract B), ,... a golf course and clubhouse (Tract C), and 137 single- family lots (Tract E). Page 1 of 5 Agenda Item No. 8G September 14, 2004 Page 2 of 65 FISCAL IMPACT: The rezoning of this PUD by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the property is rezoned, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. 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 identified projects in the Growth Management Plan Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, fifty percent (50 %) of the estimated Transportation Impact Fees associated with the project is required to be paid simultaneously with the approval of each final local development order. Other fees collected prior to the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: Future Land Use Element (FLUE): The subject property is located within the Agricultural/Rural Designation, Rural Fringe Mixed -Use District, Neutral Lands on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The Rural Fringe Mixed -Use District provides a transition between the Urban and Estates designated lands and between the Urban and Agricultural /Rural and Conservation lands farther to the east. This district allows for a mixture of urban and rural levels of service and seeks to protect natural resources and private property rights. According to the Future Land Use Element (FLUE), the Neutral Lands have been identified for limited semi -rural residential development. The Neutral Lands have a higher ratio of native vegetation and habitat, and development is even more restricted than that of the Receiving Lands. The requirements of the Rural Fringe Mixed -Use District, as described in the Exemptions from the Rural Fringe Mixed -Use District Development Standards of the FLUE, shall not apply to, affect, or limit the continuation of existing uses. Existing uses include: those uses for which all required permits were issued prior to June 19, 2002; or projects for which a conditional use or rezone petition has been approved by the Board of County Commissioners (BCC) prior to June 19, 2002; or land use petitions for which a completed application has been submitted to the County prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or ancillary to the existing uses. Hereafter, such previously approved developments shall be deemed consistent with the Goals, Objectives and Policies, and Rural Fringe Mixed -Use District of the GMP. Changes to these previous Page 2 of 5 Agenda item No. 8G September 14, 2004 Page 3 of 65 approvals shall also be deemed consistent with the GMP as long as they do not result in an increase in development density or intensity. This project is also subject to Policy 5.1 of the FLUE. Policy 5.1 states that: All rezoning must be consistent with this Growth Management Plan. Property zoned prior to adoption of the Plan (January 10, 1989) and found to be consistent through the Zoning Re- evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as Properties Consistent by Policy. Zoning changes will be permitted to these properties and to other properties deemed consistent with this Future Land Use Element via Policies 5.9 through 5.12, provided the amount of commercial land use, industrial land use, permitted number of dwelling units, and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5.11, are not increased. For those properties approved for commercial and residential uses, an increase in the number of dwelling units may be permitted if accompanied by a reduction in commercial area such that the overall intensity of development allowed by the new zoning district is not increased. Further, though an increase in overall intensity may result, for these properties approved for commercial uses, residential units may be added as provided for in the Commercial Mixed Use Subdistrict. Staff has reviewed the analysis provided by the petitioner regarding the public facility impacts of the existing and proposed development and found it to be accurate and complete. Based on �. FLUE Policy 5. 1, staff concurs with the petitioner's conclusion that the number of dwelling units can be increased through the elimination of motel units without resulting in -an increase in overall development intensity. Transportation Element: Transportation Services staff has found this PUD Amendment to be consistent with the applicable provisions of the Transportation Element of the Growth Management Plan. Open Space /Conservation: Environmental Services staff has found this PUD Amendment to be consistent with the Conservation and Coastal Management Element of the Growth Management Plan. TRANSPORTATION ISSUES: The Transportation Planning Department states that sidewalks are required on both sides of Royal Hammock Boulevard, including the existing roadway, to provide an internal pedestrian circulation loop. Cul -de -sacs can be on one side of the road, with funds deposited in lieu of construction. For the sidewalk along US 41, funds in lieu of construction shall also be deposited, prior to the first Certificate of Occupancy, at a rate determined by the Florida Department of Transportation (FDOT). These deviations are proposed in the PUD document. The petitioner states that the cross - section of the existing road will not accommodate the addition of sidewalks. Page 3 of 5 Agenda Item No. 8G September 14, 2004 Page 4 of 65 PARKS AND RECREATION ISSUES: The Parks and Recreation Department requested installation of a playground to serve children, ages 2 -12 years, which meets American Society for Testing and Materials (ASTM) standards. The petitioner states that there are few, if any, children in Boyne South. He also states that the golf course meets the recreational needs of the community. ENVIRONMENTAL ISSUES: There are no unusual environmental issues associated with this petition. NEIGHBORHOOD ISSUES: Several neighbors stated that the reconfiguration of the golf course and the cul -de -sac lots would disrupt the views for which they purchased their lots. HISTORICAL/ARCHAEOLOGICAL 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 RECOMMENDATION: The Collier County Planning Commission heard this petition on August 19, 2004. The CCPC heard presentations by the petitioner and County staff. Several property owners spoke, some in favor and some opposed to the petition. The major objection was the change in several lot owners' potential view across the golf course. The petitioner stated that, under the proposed PUD, all lot owners would have a golf course view, although some would not be "long views" across several fairways. The CCPC discussed several possible conditions and a motion was made to recommend approval with sidewalks along the new and existing roads. The motion failed, 2 to 6. A motion was then made to recommend approval without the sidewalks along the existing roads, with a one - quarter acre playground, landscaping at the end of cul-de -sacs, a possible interconnection with property to the east, and a fair -share of maintenance of lake and right -of -way improvements. That motion was approved unanimously. Page 4 of 5 Agenda Item No. 8G September 14, 2004 Page 5 of 65 STAFF RECOMMENDATION: That the Board approve the Collier County Planning Commission's recommendation of approval of Petition PUDZ -A- 2004 -AR -5211, the Boyne South PUD, to the Board of County Commissioners with a recommendation of approval. Staff recommendation included the provisions for sidewalks along all roads (including existing roads) and for a playground. G:\ Current\ reischl\PUD \boynesouth \execsumm Page 5 of 5 ADenda Item No. aG September 13. 2004 Page 5 of 65 COLLIER COU NTY BOARD OF COUNTY COMMISSIONERS Item Number 8G Nem Summary Ths ilamrepurea Mat .paN,, -. be sworn inarq ex pate*ad. —be —.den by CP—ion members. PU DZ -A- 2004 -AR 5211. Naples Gdf Develop— LLC. Naples Sorts. LLC: and Naples Calf Ctub South LLC, mWesmted by Rob Duane. AICP. W Hole Mpnbs. Mc, reguezing a rezone Lvm'PUD' Ra—w Unit Develop 1 k— as Boyce South PUD to "PUD' Me— U eL D— Opnlenl to be Wewn as Boyne SpuM PUD by revising the PUD doctsnenl and Maslen Plan to d—p the p—lted use W Tract B from CommeraablloW to allow fn m mu14-Iam1y..ta am stiminale du FN m w .... —as. the number of d &Ilnq runts rant 15410 171 dwettinq —,,. change Me permided use .(the a tMg Tracl'D' frpn multi Jamey to single fanNy. provide for a new acca ss Pant east of the eai N axes mad: reduce Me size W Me of course tract km1152 arses Ip 1 a0 acres: ate increase Ne size or Me msidentiat xea Imm 54 acres to 58 arses. The p w-y is tomted at m Me sovlh able of US 41. f mles east of Collier Boulevard (C. R. 9511. n Secbm 20. Township 51 B M, Rarge 27 Easl. Colt — County. Fe ids. xr eN of 242.352 ones. Meeting 0!e Sll,l 004 9.OD.00 AM Approved By _ws:ance A Johnson OPeratlons Analyst Dau Community OevebPment a on muniy pavNOpnlem 8 Envkmmental iervice.s Environnlentd iervltts Admin. 9'b30M 10.JE AY Approved By sana.a yea Eaaw:lva iecntary pate murnry pevsbpmem& r pity OevtlepntentS Enw nut Services Admin. ..200410:50 AM Approved By w zan MUnay. AICP Zoning A Lana Cevelopment Director Data canmunity De valopmem 1 Envirwmamat iarvicas —me A Late Development Ravtaw 32200411:22 AM Approved By oat Lab�n,am aamidsv.i�e Assistant Da:a -cony MmayeYS 016ce OMCe of Mana9em.n 18udgel 9R/to0.111:21 AM Approved By .Mark lsackaon Buaget Andy. pats r; Manager's Office OBica of Marvagement 8 Buda. 023004 1:32 PM App—ed By Michael Smykowski lAana9ement88udgel Diector Dau na0er'z Office Office of Marugament8 BUd9et 31?.?O013:16 Pel Approved By _an.es V. -od County taalug. Da.e 3ai�a of County �onunisz�onzrz _oun�y Manager's Office 3:2'200.15'.3) PM Agenda Item No. 8G September 14, 2004 Page 7 of 65 • Co er County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: AUGUST 19, 2004 SUBJECT: PETITION PUDZ -A- 2004 -AR -5211 BOYNE SOUTH PUD AGENT /APPLICANT: OWNERS: Boyne -USA South, Inc. 18100 Royal Tree Parkway Naples, FL 34114 Naples South LLC PO Box 600429 North Miami Beach, FL 33160 Naples Golf Development LLC 13790 NW 0 Street, Suite 113 Sunrise, FL 33325 17 Individual lot owners Names and lot numbers attached to this Staff Report AGENT: Robert L. Duane, AICP Hole Montes, Inc. 950 Encore Way Naples, FL 34110 CONTRACT Gulfstream Homes, Inc. PURCHASER: 14135 Collier Boulevard Naples, FL 34119 Page 1 of 15 Agenda Item No. 8G September 14, 2004 Page 8 of 65 REQUESTED ACTION: The petitioner requests a rezone from "PUD" to "PUD" Planned Unit Development known as the Boyne South PUD for the purpose of revising tract acreage and permitted uses. GEOGRAPHIC LOCATION: The subject PUD is located on Tamiami Trail East (US 41) approximately 5 miles east of its intersection with Collier Boulevard (CR/SR 951); just east of Auto Ranch Road. The project is in Section 20, Township 51 South, Range 27 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The Boyne South PUD was originally approved by Collier County in 1999 by Ordinance Number 99 -25. The existing PUD consists of 242 acres and contains an existing golf course, clubhouse, golf driving range, hotel/motel tract, and single - family lots. The PUD is unusual in that it is entwined with existing residential single - family (RSF -3) zoning. In some cases lots on one side of the street are zoned RSF -3 and lots across the street are zoned PUD. The subject of this petition is the PUD only, not the RSF -3 lots. There are four major proposed changes to the PUD: Changing the permitted use of Tract B from hotel/motel to multi- family residential, so that hotel /motel will no longer be a permitted use in the PUD; An increase in the maximum number of residential dwelling units from 154 to a maximum of 171, resulting in a density of 0.76 dwelling units per acre; Changing the type of residential uses on undeveloped Tract D, from multi- family to single - family, and combining Tract D with single - family Tract E (resulting in a larger Tract E, consisting entirely of single - family lots); Reducing the acreage of the golf course tract, by 4 acres, from 152 acres to 148 acres. The resulting PUD will contain a driving range (Tract A), a 34 -unit multi- family tract (Tract B), a golf course and clubhouse (Tract C), and 137 single - family lots (Tract E). Page 2 of 15 b ado w 0 R SITE MAP PPUDZ- 2004- AR- 6211 Agenda Item No. 8G September 14. 2004 Page 9 of 65 sire LOOATION Agenda Item No. 8G September 14, 2004 Page 10 of 65 ZONING DISTRICTS LEGEND: Yellow = PUD Gold = Residential Single Family Green = Agricultural Light green = Conservation Purple = Mobile home Pink = Commercial Brown = Village Residential SURROUNDING LAND USE AND ZONING: Page 4 of 15 Agenda Item No. 8G September 14, 2004 Page 11 of 65 Subject Parcel: Partially developed land; zoned PUD Surrounding- North: Tamiami Trail East (US 41) ROW; across which are agricultural uses; zoned A East: Agricultural uses; zoned A South: Undeveloped and previously developed land; zoned PUD (Fiddler's Creek PUD) West: Undeveloped land; zoned A and MH Lots, some of which are developed with single - family homes; zoned RSF -3 M 3CNL T RSF -3 Lots i� GROWTH MANAGEMENT PLAN CONSISTENCY: Page 5 of 15 Agenda Item No. 8G September 14, 2001 Page 12 of 651 Future Land Use Element: The subject property is located within the Agricultural/Rural Designation, Rural Fringe Mixed -Use District, Neutral Lands on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The Rural Fringe Mixed -Use District provides a transition between the Urban and Estates designated lands and between the Urban and Agricultural Rural and Conservation lands farther to the east. This district allows for a mixture of urban and rural levels of service and seeks to protect natural resources and private property rights. According to the Future Land Use Element (FLUE), the Neutral Lands have been identified for limited semi -rural residential development. The Neutral Lands have a higher ratio of native vegetation and habitat and development is even more restricted than that of the Receiving Lands. The requirements of the Rural Fringe Mixed -Use District, as described in the Exemptions from the Rural Fringe Mixed -Use District Development Standards of the FLUE, shall not apply to, affect, or limit the continuation of existing uses. Existing uses include: those uses for which all required permits were issued prior to June 19, 2002; or projects for which a conditional use or rezone petition has been approved by the Board of County Commissioners (BCC) prior to June 19, 2002; or land use petitions for which a completed application has been submitted to the County prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or ancillary to the existing uses. Hereafter, such previously approved developments shall be deemed consistent with the Goals, Objectives and Policies, and Rural Fringe Mixed -Use District of the GMP. Changes to these previous approvals shall also be deemed consistent with the GMP as long as they do not result in an increase in development density or intensity. This project is also subject to Policy 5.1 of the FLUE. Policy 5.1 states that: All rezonings must be consistent with this Growth Management Plan. Property zoned prior to adoption of the Plan (January 10, 1989) and found to be consistent through the Zoning Re- evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as Properties Consistent by Policy. Zoning changes will be permitted to these properties, and to other properties deemed consistent with this Future Land Use Element via Policies 5.9 through 5.12, provided the amount of commercial land use, industrial land use, permitted number of dwelling units, and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5. 11, are not increased. For those properties approved for commercial and residential uses, an increase in the number of dwelling units may be permitted if accompanied by a reduction in commercial area such that the overall intensity of development allowed by the new zoning district is not increased. Further, though an increase in overall intensity may result, for these properties approved for commercial uses, residential units may be added as provided for in the Commercial Mixed Use Subdistrict. Staff has reviewed the analysis provided by the petitioner regarding the public facility impacts of the existing and proposed development and found it to be accurate and complete. Page 6 of 15 Agenda Item No. 8G September 14, 2004 Page 13 of 65 Based on FLUE Policy 5. 1, staff concurs with the petitioner's conclusion that the number of dwelling units can be increased through the elimination of motel units without resulting in an increase in overall development intensity. Transportation Element: Transportation Services staff has found this PUD Amendment to be consistent with the applicable provisions of the Transportation Element of the Growth Management Plan. Open Space/Conservation: Environmental Services staff has found this PUD Amendment to be consistent with the Conservation and Coastal Management Element of the Growth Management Plan. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and 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 required staff evaluation and comment. The Planning Commission to the BCC also uses these criteria as the basis for its recommendation. Appropriate evaluation of petitions for amendments to PUDs should establish a factual basis for supportive action by appointed and elected decision - makers. Each of the potential impacts or considerations identified during the staff review are listed under each of the criteria noted and are summarized by staff, culminating in a determination of compliance, non - compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report (See Exhibit "A" and Exhibit "B "). Environmental Analysis: Environmental Services staff has reviewed the petition and comments have been incorporated into the PUD document. This petition did not meet the criteria for a hearing in front of the Environmental Advisory Council. Transportation Analysis: Transportation Department staff has reviewed the petition and has agreed to proceed to the Planning Commission with a disagreement with the petitioner regarding sidewalks. The Transportation Planning Department states that sidewalks are required on both sides of Royal Hammock Boulevard, including the existing roadway, to provide an internal pedestrian circulation loop. Sidewalks located on cul -de -sacs can be on one side of the road, with funds deposited in lieu of construction. For the sidewalk along US 41, fiords in lieu of construction shall also be deposited, prior to the first Certificate of Occupancy, at a rate determined by FDOT. These deviations are proposed in the PUD document. The petitioner states that the cross - section of the existing road will not accommodate the addition of sidewalks. Utilities Analysis: The Utilities Department staff has reviewed the petition and comments are included in the PUD document. Page 7 of 15 Agenda Item No. 8G September 14, 2004 Page 14 of 65 Parks and Recreation Analysis: The Parks and Recreation Department requested installation of a playground to serve children, ages 2 -12 years, which meets American Society for Testing and Materials (ASTM) standards. The petitioner states that there are few, if any, children in Boyne South. He also states that the golf course meets the recreational needs of the community. Zoninjq and Land Development Review Analysis: The revised PUD is consistent with the applicable GMP provisions and is compatible with the neighboring land uses. NEIGHBORHOOD INFORMATION MEETING: The petitioner held a Neighborhood Information Meeting on April 14, 2004. It was attended by approximately 60 individuals. Several attendees expressed concern that the existing stormwater system was inadequate and they believed the reconfiguration would exacerbate the situation. Another concern was that the reconfiguration of tracts would disrupt views and privacy. A discussion also centered on the developer being "unresponsive" to the needs of the residents in the past. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward a recommendation of approval of Petition PUDZ -A- 2004 -AR -5211, the Boyne South PUD, to the Board of County Commissioners. Staff recommendation includes the provisions for sidewalks along all roads (including existing roads) and for a playground. PREPARED BY: Page 8 of 15 Agenda Item No. 8G September 14, 2004 Page 15 of 55 FRED REISCHL, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RAY BELLOWS, CHIEF PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the September 14, 2004 Board of County Commissioners Meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN REZONE FINDINGS PETITION PUDZ -A- 2004 -AR -5211 Page 9 of 15 Agenda Item No. 8G September 14, 2004 Page 16 of 65 Division 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, and policies and Future Land Use Map and the elements of the Growth Management Plan. 2. 3. 4. 5. As stated in the CCPC Staff Report, the Boyne applicable provisions of the FLUE of the GMP residential dwelling units and the elimination determined by Staff to not constitute an increase consistent with the GMP. The existing land use pattern. South PUD is consistent with the The increase in the number of of hotel/motel units, has been in intensity; hence the petition is The proposed single - family lots are adjacent to, and in some case entwined with, existing single- family (RSF -3) lots. The proposed multi- family tract is adjacent to Tamiami Trail East. Staff believes this makes the proposed PUD consistent with the existing land use pattern. The possible creation of an isolated district unrelated to adjacent and nearby districts. The Boyne South PUD currently exists with some differences from the proposed PUD; therefore, the PUD will not create an isolated district. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed amendment to the Boyne South PUD does not change the currently approved district boundaries that were previously deemed to be logically drawn in relation to existing conditions at the time the property was first rezoned to a PUD. Whether changed or changing conditions make the passage of the proposed amendment necessary. EXHIBIT "A" The proposed changes are driven primarily by changing market conditions, not by changes in current codes. The primary change in code is the establishment of the Rural Fringe Mixed Use District (RFMUD), Neutral Lands Subdistrict. Because the development was started prior to the establishment of the RFMUD and density and intensity are not proposed to be increased, the amendment is deemed to be consistent with the RFMUD. Page 10 of 15 Agenda Item No. 8G September 14, 2004 Page 17 of 65 6. Whether the proposed change will adversely influence living conditions in the neighborhood. At the Neighborhood Information Meeting, several property owners were concerned about the impact the amendment will have on the existing stormwater management system. Engineering Services Staff states that the South Florida Water Management District permit will have to be modified to include stormwater for the entire subdivision. 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 5.1 of the Transportation Element of the GMP, and was found consistent; therefore determining that this project, when developed, will not excessively increase traffic congestion. 8. Whether the proposed change will create a drainage problem. At the Neighborhood Information Meeting, several property owners were concerned about the impact the amendment will have on the existing stormwater management system. Engineering Services Staff states that the South Florida Water Management District permit will have to be modified to include stormwater for the entire subdivision. 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 it is located These development standards (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. Staff is of the opinion that this petition will not adversely affect property values; however, it should be noted that the value of property is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property values are affected by a variety of factors, including zoning; Page 11 of 15 Agenda Item No. 8G September 14, 2004 Page 18 of 65 however, zoning by itself may or may not affect values, since property values are determined by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property'in accordance with existing regulations. Since the proposed change only affects internal conditions, the amendment will not be a deterrent to improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The Comprehensive Planning staff has determined that proposed amendment to the PUD complies with the GMP. Because of this fact, the proposed PUD Amendment 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 the FLUE are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Although the proposed PUD amendment proposes several changes to the existing zoning, the PUD will generally remain as a single- family golf course community. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed amendment complies with the GMP and will not adversely impact the scale, density and overall intensity of land uses deemed to be acceptable throughout this portion of Collier County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The proposed amendment to the Boyne South PUD will increase the maximum number of residential units that have already been approved for the subject site and eliminate the hotel/motel uses. There are many sites, which are zoned to accommodate the subject residential development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. This petition is consistent with all elements of the GMP, is compatible with the adjacent land uses, has adequate infrastructure and to some extent the timing of the action is consistent with all applicable County codes. 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. Page 12 of 15 Agenda Item No. 8G September 14, 2004 Page 19 of 65 The golf course and many of the lots currently exist, therefore the degree of additional site alteration is not substantial. 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 GNP. 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. The proposed change will have no affect upon those conditions. FINDINGS FOR PUD PUDZ -A- 2004 -AR -5211 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 Plan's compliance with the following criteria: Page 13 of 15 Agenda Item No. 8G September 14, 2004 Page 20 of 65 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. Boyne South PUD is substantially developed with a golf course and single - family lots. Many infrastructure needs have been met, others will be required before issuance of Certificates of Occupancy. 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. Documents submitted with the application provide evidence of unified control for areas of the PUD directly affected by this amendment. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The subject petition has been found consistent with the goals, objectives and policies of the GMP. A more detailed description of this conformity is addressed in the Staff Report. 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. The uses proposed are generally similar to the existing uses, except for the replacement of multi - family uses replacing the hotel/motel; therefore, Staff has determined that the Boyne South PUD is internally and externally compatible with surrounding uses. *.*Vv 5. The adequacy of usable open space areas in existence and as proposed to serve the development. As provided in the PUD Document, the amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Page 14 of 15 Agenda Item No. 8G September 14, 2004 Page 21 of 65 Given the fact that the Boyne South PUD is currently partially developed, the timing or sequence of development in light of concurrency requirements is not a significant problem. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Expansion is not a factor with the proposed PUD. The boundaries of the PUD are not proposed for expansion and any future expansion would be limited because the PUD is within the RFMUD, Neutral Area. 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 PUD is in general conformance with PUD regulations. Page 15 of 15 Agenda Item No. 8G September 14, 2004 Page 22 of 85 Hone n�lonn-�s ENGINEERS - a - %MEroPs December 23, 2003 954 Encore Way - Nam. Florida 341'0 • Phone: 239.254.2000 - Fax: 239.254.2499 Ray Bellows Collier County Planning Services 2800 North Horseshoe Drive Naples, Florida 34104 Subject: Naples South, HMA File No. 2002133 Dear Mr. Bellows: PUDZ -A- 2004 -AR -5211 PROJECT #2004010001 DATE: 1/6/04 FRED REISCHL Please find enclosed 24 copies of a petition to rezone the Boyne South PUD to a PUD now to be known as the Naples South PUD and comprising of 242.35 acres. A check in the amount of $16,475.00 to process the petition is also provided, The subject property is located in Section 20, Range 27 East and Township 51 South on the south side of US 41 approximately 5 miles east of Collier Boulevard. (See attached location map.) Pre - application minutes are also attached 1. BACKGROUND The Boyne South PUD comprises ±242 acres and provides for a golf course, club house area, driving range, and a 6.69 acre commercial tract limited to motel use only (64 units) and areas for _.. single and multi - family development. The permitted number of units allow for 127 single family dwelling units and 27 multi -family dwelling units. As can be seen from the attached proposed PUD Master Plan, not all lands contained in the Plat for Royal Palm Hammock are contained in the Naples South PUD and these areas comprising of ±96 acres are zoned RSF -3 and are highlighted on the PUD Master Plan. 2. PROPOSED REQUEST The following are the proposed changes to the PUD: A. Changing the permitted use of Tract B from Commercial/Motel to allow for 34 multi - family uses and eliminating the 64 motel units. B. Increasing the number of dwelling units from 127 single family dwelling units and 27 multi- family dwelling units to 137 single family dwelling units and 34 multi - family dwelling units, or an increase from 154 dwelling units to 171 dwelling units, along with elimination of the 64 motel units. C. Changing the permitted use of the existing Tract "D" from multi - family to single family and changing the name of the tract from Tract "D" to Tract "E ". D. Providing for a new access point east of the existing access road as depicted on the PUD Master Plan and subject to FDOT permitting. Naples - Fort Myers - Venice - Englewood Agenda Item No. 8G September 14, 2004 Page 23 of 65 Ray Bellows Collier County Planning Services RE: Boyne South, HM No. 2002133 December 23, 2003 Page 2 of 5 E. Reducing the size of the golf course (Tract "C ") from ±152 acres to ±148 acres and increasing the size of the residential area from ±54 acres to ±58 acres to include the change in use of the commercial/motel tract from motel to multi- family use on 6.69 acres. F. Changing the name of the PUD from `Boyne South" to "Naples South", along with other miscellaneous changes to the PUD noted with strike- through and underlining. 3. COLLIER COUNTY GROWTH MANAGEMENT PLAWFUTURE LAND USE ELEMENT The subject property is located within the Agricultural/Rural Fringe Mixed Use District according to the Future Land Use Map. Because the subject property is an existing development, it meets the requirements of VIBA Exemptions from the Rural Fringe Mixed Use District Development Standards. This provision of the Future Land Use Element (FLUE) notes that "changes to these previous approvals shall also be deemed to be consistent with the plan goals, policies and objectives for the Rural Fringe Mixed Use District as long as they do not result in an increase in development intensity", and such is the case with the proposed development. The subject property's existing zoning was also previously found to be consistent with Policy 3.lJ of the FLUE as the existing zoning was determined to be vested pursuant to the Rezoning Evaluation Program. Rezoning of the subject property is also subject to Policy 5.1 of the GMP and is noted as follows: "All rezonings must be consistent with the GMP. Property zon6d prior to adoption of the plan (January 10, 1989) and found to be consistent through the GMP and designed on the Future Land Use Map series as properties consistent by policy. Zoning changes will be permitted to these properties and to other properties deemed consistent with the FLUE via Policies 5.9 and 5.12, provided the amount of commercial land use, industrial land use, permitted number of dwelling units, and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5.11 are not increased." (Policies 5.10 and 5.11 are not applicable to the proposed development.) Based on the attached analysis to evaluate the impacts of existing and proposed development parameters on wastewater, potable water, trip generation, solid waste, parks and recreation facilities, Iibrary, jail, EMS and drainage. The conclusion of this attached analysis is that the number of dwelling units can be increased from 154 (127 single family and 27 multi- family units) to 171 dwelling units (137 single family and 34 multi - family) through the elimination of 64 motel units without resulting in an increase in development intensity as required by Policy 5.1 W:\2002\2002133\PUD\RB030508covltr.doc Agenda Item No. 8G September 14, 2004 Page 24 of 65 Ray Bellows Collier County Planning Services RE: Boyne South, HM No. 2002133 December 23, 2003 Page 3 of 5 of the FLUE. The conclusion of the attached analysis is that the revised development parameters may be found consistent with Policy 5.1 of the FLUE. 4. ARCHAEOLOGICAL RESOURCES The subject property has not been identified as having historic /archaeological probability based on a review of the Collier County Index of Historic /Archaeological Maps. The prior review of the zoning petition in 1999 reached a similar conclusion. 5. TRANSPORTATION A request for a waiver to prepare a Traffic Impact Study (T.I.S.) is requested as part of this rezoning petition and this was agreed to at our pre - application meeting. However, a trip generation analysis was required and is attached to this cover letter. Based on the results of the attached trip generation analysis overall development intensity will not be increased and service levels are adequate for transportation facilities in the general area at this location.. In summary, I trust you will find this PUD rezoning application complete, and in compliance with the Collier County Growth Management Plan. As we discussed, a boundary survey is not included in this application because the subject property was previously zoned and platted. A sketch and legal description, however, accompany the application. If I can provide you any further information please do not hesitate to contact me. 6. ENV RONMENTAL A request for an EIS waiver is requested as part of this petition based on the requirements of Section 3.8.3 of the LDC. A waiver for the EIS was previously granted in the prior rezoning approval in 2000 because Naples South has been previously impacted and cleared of natural vegetated areas. 7. DEVIATIONS Several deviations are set forth in Section 9.3 of the PUD as exceptions to the subdivision regulations and are set forth as follows: EXHIBIT C - LIST OF DEVIATIONS The following deviations are requested to the Terafina PUD and are referenced with a foot note in the attached PUD document to the sections they correspond to. W:\2002\2002133\PUD\RB030508covltr.doc Agenda Item No. 8G September 14, 2004 Page 25 of 05 Ray Bellows Collier County Planning Services RE: Boyne South, HM No. 2002133 December 23, 2003 Page 4 of 5 1. SECTION 4.19.A — STREET RIGHT OF WAY WIDTH A deviation from Appendix B of the LDC Typical Street Sections, B-4 and B -5 to reduce the proposed right -of -way width within Terafina from 60 feet to 50 feet for local streets to provide for design flexibility and subject to sufficient area for easements for required utilities. 2. SECTION 4.19.B — DEAD -END STREETS A deviation to Section 3.2.8.4.16 of the LDC to allow for the length of a cul -de -sac to exceed 1000 feet in length to distances depicted on the PUD Master Plan or f 1,600 square feet. 3. SECTION 4.19.0 — INTERSECTION RADII A deviation from Section 3.2.8.4.16 Intersection Radii of the LDC to reduce the radius a minimum of 25 feet to 20 feet and increase the radius of the intersections at project entrances from 30 feet to 35 feet 4. SECTION 4.19.1) — REVERSE CURVES A deviation from Section 3.2.8.4.16 of the LDC Reverse Curves to not require a tangent between reverse curves. 5. SECTION 3.2.8.4.16.9 — STREET JOGS A deviation from Section 3.2.8.4.16.9 of the LDC to construct streets as shown on the PUD Master Plans. 6. SECTION 3.2.8.3.17.2 - SIDEWALKS A deviation from Section 3.2.8.3.17.2 of the LDC to allow a waiver from the requirement to provide for a six (6) foot sidewalk along US 41 as there are no sidewalks to connect to in the vicinity of the subject property or in the general area. 7. SECTION 3.2.8.3.17.3 — SIDEWALKS A deviation of Section 3.2.8.3.17.3 of the LDC to allow existing platted portions of the PUD that are not subject to subdivision replatting to remain without sidewalks as this is the existing condition. Replatted portions of the subdivision will provide sidewalks. However, along the eastern edge of the PUD sidewalks will not be required on both sides of the street where lots do W:\2002\2002133\PUD\RB030508covitr.doc :agenda Item No. 8G September 14, 2004 Page 26 of 65 Ray Bellows Collier County Planning Services RE: Boyne South, HM No. 2002133 December 23, 2003 Page 5 of 5 not front on both sides of the street as this would serve no useful purpose. Also a deviation is requested to allow sidewalks only on one side of the cul-de -sacs located along the eastern edge of the PUD as this is sufficient for pedestrian access with limited traffic volumes anticipated on these streets. Very truly yours, HOLE MONTES, INC. Robert L. Duane, A.I.C.P. Planning Director RLD /mjr Enclosures: Location Map Pre - application Minutes FLUE Policy 5.1 Analysis Metro Transportation Group, Inc.'s October 15, 2003 Trip Generation Report Cc: Richard Yovanovich, Esq.(w/ encl.) James Boughton (w/ encl.) Ashley Bloom (w/ encl.) W:\2002\2002133\PUD\RB030508covitr.doc September 14, 2004 Page 27 of 05 HOLD MONTES � ASSOCIATES, fnc. ENaerEERS- PLANNERS - SURVEYORS SITE LOCATION `"E � - PROJECT .n oaA11M BY: DRP REF. FU No. 9C102"S 715 IM S*.e s_ Hao.%. PL. 34102 - phone : (941) 262 -4617 MAP DATE : 10/98 00481T - 1TEL Agenda Item No. 8G September 14, 2004 Page 28 of 65 FLUE POLICY 5.1 ANALYSIS The following analysis is to demonstrate that, by converting 64 motel units to 10 single - family residential units and 7 multi - family residential units, the proposed Naples South PUD is in compliance with Policy 5.1 of the Future Land Use Element ( "FLUE ") and will not result in an increase in development intensity. Policy 5.1 states, "All rezoning must be consistent with the Growth Management Plan ( "GMP' ). Property zoned prior to adoption of the plan (January 10, 1989) and found to be consistent through the Zoning Re- evaluation Program is consistent with the GMT and designated on the Future Land Use Map series as Properties Consistent by Policy. Zoning changes will be permitted to these properties and to other properties deemed consistent with the FLUE via Policies 5.9 and 5.12, provided the amount of commercial land use, industrial land use, permitted number of dwelling units, and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5.11, are not increased." BACKGROUND The existing Naples South PUD currently permits 127 single - family dwelling units and 27 multi - family dwelling units, in addition to 64 motel units. The motel includes a 24 seat dining area as an accessory use. The proposed Naples South PUD replaces 64 motel units with 10 single- family dwelling units and 7 multi- family dwelling units, for a total of 137 single - family dwelling units and 34 multi - family dwelling units (ie.171 dwelling units all together) on the 242 -acre proposed Naples South PUD. For comparison purposes, the impacts of 64 -unit motel, with a 24 -seat dining facility, will be compared with those of 10 single- family dwelling units and 7 multi- family dwelling units. ASSUMPTIONS The two development scenarios will be evaluated from the standpoint of impacts on the levels of service set forth in the GMP on wastewater, potable water, trip generation, solid waste, parks and recreation facilities, drainage, library, protective services and EMS facilities, to demonstrate that proposed development parameters will not increase development intensity. Compatibility considerations are also evaluated. It is assumed that the household population of each single - family unit is 2.4 persons per unit. Therefore the 10 single - family units would represent of 24 persons. Multi- family units are assumed to have a household population of 1.8 persons per unit. Therefore the 7 multi - family units would represent a 12.6 population (rounded up to 13). The total additional dwelling units would represent a population of 37. The estimated population of a motel unit is 1.5 persons per occupied unit. Based on a 70% occupancy rate, the population of the motel would be 1.05 persons per unit, or a 67 population of 67 persons for the 64 -unit motel. WA200211331PUD\Exh B FLUE 11 -24 Agenda item No. 8G September 14, 2004 Page 29 of 65 I. CATEGORY A - PUBLIC FACILITIES 1. WASTEWATER ASSUMPTIONS According to the Sanitary Sewer Sub - Element ( "SSE "): A. Motels generate 100 gallons of wastewater per day (GPD) per unit. B. Dining facilities generate 50 GPD per seat. C. It is assumed that a 64 unit motel will have 4 washing machines that generate 400 GPD each according to the SSE. D. Residential dwelling units generate 150 GPD per bedroom. Assuming single - family units have 3 bedrooms and multi- family units have 2 bedrooms, they will generate 450 GPD and 300 GPD respectively. Based on the above service level standards, the following are the wastewater generation rates for the existing and proposed alternative uses. Existing • 64 motel units x 100 GPD x .70 = 4,480 GPD • 24 seat dining facility x 50 GPD = 1,200 GPD • 4 washing machines x 400 = 1,600 GPD TOTAL: 7,280 GPD Proposed • 7 multi- family units x 300 GPD = 2,100 GPD • 10 single - family units x 450 GPD = 4,500 GPD TOTAL: 6,600 GPD In summary, the proposed 17 dwelling units would be expected to generate less wastewater than the existing 64 -unit motel. 2. POTABLE WATER ASSUMPTIONS According to the Potable Water Sub - Element ( "PWE ") of the GMP: A. Motels generate a need for 150 GPD per unit. B. Dining facilities generate a need for 50 GPD per seat. C. It is assumed that a 64 unit motel will have 4 washing machines that generate 400 GPD each according to the SSE. D. Residential dwelling units generate a need for 150 GPD per bedroom. Assuming single - family units have 3 bedrooms and multi - family units have 2 bedrooms, they will generate a need for 450 GPD and 300 GPD respectively. 2 WA2002 \133\PUD\Exh B FLUE 11 -24 Agenda Item No. 8G September 14, 2004 Page 50 of 65 Based on the above service level standards, the following are the potable water generation rates for the existing and proposed alternative uses. Existing • 64 motel units x 150 GPD x .70 = 6,720 GPD • 24 seat dining facility x 50 GPD = 1,200 GPD • 4 washing machines x 400 = 1,600 GPD TOTAL: 9,520 GPD Proposed • 7 multi - family units x 300 GPD = 2,100 GPD • 10 single- family units x 450 GPD = 4,500 GPD TOTAL: 6,600 GPD In summary, the proposed 17 dwelling units would be expected to require less potable water than the existing 64 -unit motel. 3. TRAFFIC CONSIDERATIONS According to the attached Trip Generation Analysis, prepared by the Metro Transportation Group, the proposed development will not have an effect of increasing traffic, but will, instead, reduce traffic volumes by approximately 430 trips per day, or 20% less than traffic generated by the current zoning scenario. 4. PARK & RECREATIONAL FACILITIES ASSUMPTIONS The level of service standards for park and recreation facilities is 2.9412 acres per 1000 population for regional parks or (0.0029 acres per person, and 1.282 acres per 1000 population for community parks or +0.0013 acres per person according to the Recreation and Open Space Element of the GMP. The park capital investment is $240.00 per capita. Based on the above service level standards, the following are the parks & recreational facilities (regional and community) generation rates for Proposed alternative uses. Since motels do not pay park impact fees, it is presumed they have no impacts on these facilities. Therefore, there will be a negligible increase in impacts to recreation facilities. Proposed • 37 persons x 0.0029 acres = 0.1073 acres of Regional Parks • 37 persons x 0.0013 acres = 0.0481 acres of Community Parks 3 W:\2002 \133\PUD\Exh B FLUE 11 -24 Agenda Item No. 8G September 14, 2004 Page 31 of 65 Furthermore, Naples South being a golf course community with recreational facilities will further serve to lessen the demand on recreational facilities outside of the community since the recreational facilities contained therein are an integral part of the PUD and are easily accessible by the residents although there may be a negligible impact on recreation facilities as noted above. 5. SOLID WASTE ASSUMPTIONS The levels of service standards for solid waste are as follows: A. Annual weight of solid waste used to determine landfill disposal capacity is based on the average of the last five complete fiscal years actual lined cell tonnage activity. B. Two years of constructed lined landfill cell capacity at the disposal rate calculated per the above level A. C. Ten years of permitted landfill capacity at the disposal rate calculated per the above level A. The landfill is currently in compliance with the adopted levels of service standards noted above. While the foregoing service level for the landfill does not differentiate between uses, this analysis uses some surrogate measures to demonstrate the impacts on landfill usage with the revised development parameters. According to Larry Berg of Collier County Waste Management, a multi- family unit generates 0.9 tons (1,800 pounds) of solid waste per year. This translates into a disposal rate of approximately 35 pounds per week per unit. Single - family dwelling units generate an average of 45 to 50 pounds per week; and motel rooms, in motels with fewer than 100 rooms, generate approximately one half pound per day or 3.5 pounds per room per week. In the attached publication, Waste Disposal Rates for Businesses the retail trade standard for restaurants is 3.1 tons per employee, or 6,200 pounds per employee per year or approximately 119 pounds per week. It is assumed a restaurant with 4 employees to support a 24 -seat restaurant would generate 476 pounds, of solid waste. Existing 64 rooms x 3.5 = 224 pounds per week 5 employees x 119 = 595 pounds per week • Total = 819 pounds per week W:UO0211331PUD\Exh B FLUE 11 -24 Agenda Item No. 8G September 14, 2004 Page 32 of 65 Proposed • 7 multi - family units x 35 = 245 pounds per week • 10 single - family units x 47.5 = 475 pounds per week • Total = 720 pounds per week In summary, the demands for solid waste disposal are more or less equivalent between the existing and proposed development parameters or neutral. 6. DRAINAGE The service level for drainage facilities, according to the Drainage Sub - Element of the GMT is a storm event of 3 -day duration and a 25 -year return frequency. Accordingly, there will be no discernable impact on drainage facilities within the 242 acre Naples South PLTD by the conversion of a 64 unit motel to 10 single family and 7 multi - family dwelling units from the standpoint of drainage; and impermeable surface is not anticipated to be increased. Therefore, impacts on drainage are more or less equivalent between the existing and proposed development parameters or neutral. 7. COMPATIBILITY CONSIDERATIONS The proposed change in land use of Tract `B" on the Naples South PUD Master Plan from motel use to residential use will have a beneficial effect on land use compatibility. Multi - family units have more similar operational characteristics to nearby single- family dwellings than the motel units, which are transient and commercial in nature. Building height and mass are not proposed to be increased. Furthermore, proposed modifications include changing Tract "E" from multi - family to single - family and increasing the number of single - family units along the eastern portion of the PUD. The revised development parameters do not increase overall density or intensity and promote more compatible land use relationships as height, bulk and building mass are not proposed to be increased. I. CATEGORY A - PUBLIC FACILITIES 1. LIBRARY ASSUMPTIONS According to the CIE Element, the level of service standard for library buildings is 0.33 square feet per capita and library collection is 2.05 books per capita by fiscal year 10. It is assumed that commercial uses, such as the motel, do not generate a demand for libraries: W:1200211331PUD\Exh B FLUE 11 -24 Agenda Item No. 8G September 14, 2004 Page 33 of 65 Proposed • 37 people x 0.33 square feet per capita = 12.21 square feet of new library space. • 37 people x 2.05 books per capita = 76 books The demand for library space will be increased to a small degree by the addition of 37 people to the population. 2. PROTECTIVE SERVICES ASSUMPTIONS According to the CIE Sub - Element, the level -of- service standard for protective services is 0.0024 jail beds per capita (2.4 beds per 1000 population). The motel population of 67 persons would generate a demand for 0.161 jail beds. The population of 37 single and multi - family occupants would result in a demand for .088 jail beds. Therefore, impacts on protective services are less with the conversion of 64 motel units to 10 single- family units and 7 multi - family units, as summarized below: Existing Proposed 67 persons x 0.0024 = 0.1608 jail beds 37 persons x 0.0024 = 0.0888 jail beds 3. COUNTY EMERGENCY MEDICAL SERVICES ASSUMPTIONS According to the CIE Sub - Element, the standard for county emergency medical services is 0.000068 EMS units per capita (1 unit per 15,000 population). Based on the above standard, the 67 persons occupying the motel would generate a demand for .0046 EMS units. The 37 single and multi - family unit occupants would generate a demand for .0025 EMS units. Therefore, the demand for EMS facilities is less for the proposed increase in single and multi - family uses than for the 64 unit motel because development intensity is less from the standpoint of EMS services, as follows: Existing 67 persons x 0.000068 = 0.0046 EMS units Proposed • 37 persons x 0. 000068 = 0.0025 EMS units 6 W:\2002 \133\PUD\Exh B FLUE 11 -24 Agenda Item Flo. 8G September 14, 2004 Page 84 of 65 CONCLUSION Based on the analysis of Category A — Public Facilities which includes potable water, sanitary sewer, roads, solid waste, drainage and parks & recreational facilities, the following conclusions can be drawn: • The impacts for wastewater and potable water facilities are favorable, zL 10% less for wastewater and ±43% less for potable water facilities under the proposed zoning parameters • The impacts on roads are favorable, 20% less under proposed zoning parameters or a reduction of 430 average daily trip ends. • The impacts on solid waste are neutral. • The impacts on drainage facilities are neutral. • The impacts on parks & recreational facilities will increase, but will be negligible, with the proposed zoning parameters. However, these impacts will be somewhat off -set by the recreational facilities contained in Naples South. • Based on compatibility considerations, the proposed zoning parameters enhance land use relationships in the general area. Based on the analysis of Category B — Public Facilities which include libraries, protective services and EMS facilities, the following conclusions can be drawn: • The demand for libraries is somewhat more under proposed zoning, to the extent needed to serve 17 dwelling units (37 additional people); assuming motel populations do not use libraries. • The demand for protective services is favorable, 45% less under proposed zoning parameters. • The impact on EMS facilities is favorable, 45% less under proposed zoning parameters. In closing, based on the foregoing analyses, public facilities by and large are all favorably impacted or are neutral by the proposed zoning parameters for Naples South PUD with the exception of libraries and recreational facilities that are negligibly impacted, and overall development intensity is not increased. Compatibility considerations are also enhanced. The revised development parameters for Naples South PUD may be found consistent with Policy 5.1 of the FLUE. WA2002\ 13 3 \PUDTxh B FLUE 11 -24 METRO TRANSPORTATION GROUP, INC. 5 qq1l E 1 4R CUU4VAR:� n al m No. 8Q FORT AYYPQ6Fry: )f9 �i'4s9 TE:EPhONE 239- 278 -3090 FAX 239 -278 -!906 www.metr Otralslortation.COM TRAFFIC ENGINEERING TRANSPORTATION PLANNING SIGNAL SYSTEMS /DESIGN TO: Robert L. Duane Proposed Plan Amendment Hole Montes FROM: Robert L. Price, E.I.T. Multi - Family Project Consultant 34 dwelling units Ted B. Treesh 127 dwellin units Principal/Regional Manager DATE: October 15, 2003 RE: Naples South Metro has completed a comparative traffic analysis for the proposed Naples South development. The subject site is located on U.S. 41 approximately five miles to the southeast of Collier Boulevard in Collier County, Florida. Currently, the subject site is zoned to allow the construction of a 64 room hotel, 27 multi - family dwelling units, and 127 single family dwelling units. It is the desire of the property owner to remove the hotel use and replace it with additional multi - family and single family dwelling units without increasing the overall development impacts on the subject site. It is the intent of the Developer to rezone the property to allow 137 single family dwelling units and 34 multi - family dwelling units. Table 1 illustrates the current zoning of the Naples South development along with the proposed plan amendment for the subject property. Table 1 Naples South Current 7nnina va- PrnnncaA Plo.. A.,,o:.a...e --4. Land Use Approved Zoning Proposed Plan Amendment Hotel 64 rooms 0 rooms Multi - Family 27 dwelling units 34 dwelling units Single Family 127 dwellin units 137 dwelling units OTHER OFFICES: HANOVER PARK, ILLINOIS • CHICAGO, ILLINOIS U Agenda Item No. 8G September 14, 2004 Mr. Robert L. DtE,@W 36 of 65 October 15, 2003 Naples South Page 2 Trip generation calculations were performed as a result of this analysis. Table 2 indicates the approved trip generation for the subject site based on the current zoning scenario illustrated within Table 1. Table 3 indicates the trip generation of the Naples. South site based on the proposed development revisions. Table 4 illustrates the resultant trip difference based on the proposed plan amendment rather than the approved zoning of the subject site. Table 2 Naples South Avvroved Tries Land Use A.M. Peak Hour P.M. Peak our Daily. Out Total In Out Total Multi - Family (34 units) 5 In Out I Total _ In Out Total (2 -way) Hotel (64 roans) 10 10 20 15 20 35 570 Multi - Family 5 15 20 15 5 20 215 (27 units) Single Family 25 75 100 85 50 135 1,290 ( 127 units) Total Approved—Trips 40 100 140 115 75 190 2,075 Table 3 Naples South Proposed Plan Amendment Land Use A.M. Peak Hour P.M. Peak Hour Daily - (2 -way) In Out Total In Out Total Multi - Family (34 units) 5 15 20 15 10 25 260 Single Family ([37 units) 25 80 105 90 55 145 1,385 Total Proposed Trips 30 L 95 125 1 105 65 I70 1 1,645 In comparing the trip generation for the approved zoning on the site indicated within Table 2 and the trip generation based on the proposed plan amendment indicated within Table 3, the overall traffic generated as a result of the Naples South development will be reduced as a result of the proposed plan amendment. Table 4 indicates the resultant trip reduction as a result of the revised plan amendment to the Naples South site. Table 4 Naples South Approved Trips vs. Proposed Trips Agenda Item No. 8G September 14, 2004 Mr. Robert L. DuraW 37 of 65 October 15, 2003 Naples South Page 3 -A negative value in this row indicates an overall reduction in traffic as a result of the proposed plan amendment Based on the information illustrated within Table 4, the overall development traffic as a result of the proposed plan amendment to the Naples South development will be reduced. According to the 2003 Collier County Annual Inventory Update (AUIR), U.S. 41 adjacent to the subject site currently operates at LOS C. The revisions proposed within this document to the Naples South development will not adversely affect the Level of Service conditions on U.S. 41 adjacent to the site. In fact, the proposed plan amendment to the Naples South site will reduce the overall impact the development will have on the surrounding roadway network. Should you have any additional questions, please feel free to contact me. A.M. Peak.Ilour P.M. Peak Hour- Daily (2 way) In Out Total In Out Total Approved Zoning 40 100 140 115 75 190 2,075 Proposed Plan Amendment 30 95 125 105 65 170 1,645 Trip Reduction -10 -5 -15 -10 -10 -20 -430 -A negative value in this row indicates an overall reduction in traffic as a result of the proposed plan amendment Based on the information illustrated within Table 4, the overall development traffic as a result of the proposed plan amendment to the Naples South development will be reduced. According to the 2003 Collier County Annual Inventory Update (AUIR), U.S. 41 adjacent to the subject site currently operates at LOS C. The revisions proposed within this document to the Naples South development will not adversely affect the Level of Service conditions on U.S. 41 adjacent to the site. In fact, the proposed plan amendment to the Naples South site will reduce the overall impact the development will have on the surrounding roadway network. Should you have any additional questions, please feel free to contact me. Page I of I ,agenda Item No. 8G September 14, 2004 From: Gordon [gandrew @comcast.net] Page 38 of 65 Sent: Saturday, August 14, 2004 2:58 PM To: reischl_f Subject: Boyne South / Naples Golf South In regards to Boyne South PUD change I am writing this letter to let you know that I am not happy with the proposed plan I purchased a model home here and what sold me on this home was the view. The view is spectacular. The new PUD change will effect the view and the value of my home. If you would come out and look at my view I am sure you would agree that is is a rare find in the Naples area. I believe there could be some compromise with the PUD but as it is now shown I will oppose it. I realize that the developers need to make a profit and I am more than willing to help them do so, however this does not mean accepting the PUD change as it is now written. If there are other steps that I can take to prevent this PUD from being accepted as it is now written please let me know. Gordon and Barbara Andrews 18000 Royal Tree Pkwy Naples FI 34114 (239) 774 -0205 ❑ I ncrediMail - Email has finally evolved - Cliek Here Save up to 80% on Inkjet Cartridges & Refill Kits for your Printer at Mylnks.com file:// C:\ AdLib% 20eXpress\lnput\Agenda.4797.htm 8/24/2004 To: Davelambert219@aol.com Subject: RE: Boyne South/ Naples Golf South Thanks for your input! Page 1 of 1 Agenda Item No. 8G September 14, 2004 Page 39 of 65 I will put your email in the package going to the Planning Commission. Also, you are welcome to attend the Planning Commission meeting on August 19, 2004 in the 3rd floor boardroom at 3301 East Tamiami Trail. Thanks Fred Fred Reischi, AICP Principal Planner 239 - 213 -2921 fredreischl@colliergov.net <mailto:fredreisd- d@colliergov netb - - - -- Original Message---- - From: Davelambert219 @aol.com [mailto:Davelambert219 @ aol.com] Sent: Thursday, July 29, 2004 1:50 PM To: fredreischl @colliergove.net; Davelambert219 @aol.com Subject: Boyne South/ Naples Golf South This is regarding: Boyne South/ Naples Golf South proposed PUD change. I am writing to let you know that 1 am not happy about the proposed plan for the change of the golf course I purchased 2 lots here for the long views and paid top dollar for it at the time. I'm not sure how things can be changed mid way. When we purchased, we carefully reviewed original PUD that was directly behind us. A lot of consideration went into purchasing our lots. We STRONGLY OPPOSE the change of the originally PUD. We feel it would considerably affect our existing views and values of our lots. Please let me know what else we would need to do to keep this from happening. Sincerely, David and Lynda Lambert 239 -825 -2099 18048 Royal Tree Parkway Naples FL 34114 and 18054 Royal Tree Parkway Naples FL 34114 file:// C:\ AdLib %20eXpress\lnput\Agenda.4798.ht n 8/24/2004 Page 1 of 1 .agenda Item No. 8G September 14, 2004 To: Fmklinkmann @aol.com Page 40 of 65 Subject: RE: Petition:PUDZ- A- 2004 -AR -5211 Naples golf dev,LLC Naples south Thanks for your input! Please be assured that the Planning Commission and the Board of County Commissioners WELCOME individual speakers at public hearings. Only the time - limits are different. An individual may speak for 5 minutes; a group representative may speak for 10 minutes. The flooding issue is not directly addressed in the PUD because the project requires a permit from the South Florida Water Management District. The District Permit will include both the new and existing portions of the project. Again, thanks for writing. Fred Fred Reischl, AICP Principal Planner 239 - 213 -2921 fredreischl@colliergov. net < mailto :fredreischlC&colliergov.net> - - -- -Original Message---- - From: Fmkiinkmann @aol.com [mailto:Fmklinkmann @ aol.com] Sent: Thursday, July 29, 2004 7:12 PM To: reischl_f Subject: Petition: PUDZ-A- 2004-AR-521 1 Naples golf dev,LLC Naples south As a resident of the subject subdivision,) am in opposition to any changes as requested for the following reason. 1)The proposal /request for change does not address the flood issue.Several meetings with the engeniering co,resulted in only maybes,biut nothing concrete.We have flooding problems and this needs to be resolved_ The request does not include the plan of eliminating and adding a lake,as per discussions with Hole Montes previously. The issue of raising the elevation of the golf course is not in the agenda.this woul severely increase the flooding in the developement. Untill and unless all of these issues are addresed by the petitioner we,Wilfried and Monika Klinkmann are in opposition to these changes_ It is unfortunat that we are not represented by an organized group,as your rules for speaker is only for that. Again,the individual gets hurt by a greedy developer. We do hope that some credenze and consideration will be given to this. Will see you at the hearing. Its always intersting to find out WHO our elected government works for. Wilried and Monika KlinkmannPS.A reply and or acknowlidgement would be welcomed.Thanks file:// C: 1AdLib %20eXpress\lnput\Agenda.4799.htm 8/24/2004 Agenda Item No. 8G September 14, 2004 Page 41 of 65 ORDINANCE NO. 04- 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 MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS BOYNE SOUTH, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF US 41 3 MILES EAST OF COLLIER BOULEVARD (C.R. 951), IN SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 242.35 + ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99 -25, AS AMENDED, THE FORMER BOYNE SOUTH PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, AICP, of Hole Montes, Inc., representing Naples Golf Club South, LLC, Naples Golf Development, LLC, and Naples South, LLC, 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 20, Township 51 South, Range 27 East, Collier County, Florida, is changed from "PUD" to "PUD" Boyne South 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 Maps numbered 1720N and 1720S, as described in Ordinance Number 91 -102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 99 -25, as amended, known as the Boyne South PUD, adopted on April 13, 1999 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. Page 1 of 2 Agenda item No. 8G September 14, 2004 Page 42 of 65 SECTION THREE: 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 ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency Patrick G. White Assistant County Attorney PUDZ- A- 2004 -AR -521 UFMo /sp 2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Page 2 of 2 DONNA FIALA, CHAIRMAN Agenda Item No. 8G September 14. 2004 Page 43 of 65 THE BOYNE SOUTH A RESIDENTIAL PLANNED UNIT DEVELOPMENT Prepared by: ROBERT L. DUANE, A.I.C.P. RICHARD D. YOVANOVICH, ESQ. HOLE MONTES, INC. GOODLETTE, COLEMAN & JOHNSON, P.A. 950 ENCORE WAY AND 4001 TAMIAMI TRAIL N., SUITE 300 NAPLES, FLORIDA 34110 NAPLES, FLORIDA 34103 HM PROJECT 2002133 REVISED ON DECEMBER 24, 2003 DATE APPROVED BY BCC: APRIL 13,1999- ORDINANCE No. 1999-25 EXHIBIT A C:\AdLib eXpress \Work\rad74845.tmp.doc TABLE OF CONTENTS Agenda Item No. 8G September 14, 2004 Page 44 of 65 PAGE SECTION 1 Statement of Compliance 3 SECTION 2 Project Ownership, Legal Description, Short Title 5 and Statement of Unified Control SECTION 3 Statement of Intent 6 SECTION 4 General Development Regulations 7 SECTION 5 Permitted Uses & Dimensional Standards for Residential Development 12 SECTION 6 Permitted Uses and Dimensional Requirements for Golf Course, Golf Driving Range and Club House 14 SECTION 7 Environmental Requirements 16 SECTION 8 Transportation Requirements 17 SECTION 9 Utility and Engineering Requirements 19 EXHIBITS Exhibit A Conceptual PUD Master Plan Exhibit B Legal Description C:\AdLib eXpress \Work\rad74845.tmp.doc 2 ;agenda Item No. 8G September 14, 2004 Page 45 of 55 SECTION 1 STATEMENT OF COMPLIANCE The development of approximately 242.35 acres of property in Collier County, as a Planned Unit Development (PUD), to be known as Boyne South, will be in compliance with the goals, objectives, and policies of Collier County, as set forth in the Growth Management Plan (GMP). The residential facilities of Boyne South will be consistent with growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons: 1. The subject property is within the Agricultural/Rural Designation, Rural Fringe Mixed - Use District, Neutral Lands as identified on the Future Land Use Map as required in Objective 1, and Policy 5.1 of the Future Land Use Element (FLUE). 2. The residential (RSF -3) and commercial (C -3) zoning on the subject property at the time of application for rezoning that was approved on April 14, 1999 was found to be consistent with the County's Zoning Reevaluation Program and former Future Land Use Element Policy 3.1 K of the GMP, based on improvements in place to the property, at that time. 3. The prior rezoning to Boyne South PUD that converted C -3 Commercial Zoning to 27 multi - family dwelling units and increased the number of dwelling units from 127 to 154 units was found to be consistent with Policy 5.1 of the FLUE. 4. Changes to the existing zoning, to convert 64 motel units to 10 single - family units for a total of 171 dwelling units, are consistent with Section II.B.4 and policy 5.1 of the FLUE. These changes to an existing development do not result in an increase in the overall development intensity. 5. The subject property's location in relation to the existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the FLUE. 6. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 7. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 8. The project development will result in an efficient and economical extension of community facilities and services as required in Objective 2 and Policy 5.3 of the FLUE. 9. The project is compatible with adjacent land uses through the internal arrangements of structures, the placement of land use buffers and the proposed development standards contained herein. C:WdLib eXpress \Work\rad74845.trnp.doc 3 Acenda Item No. 8G September 14, 2004 Page 46 of 65 10. All final local Development Orders for this project are subject to the Collier County Concurrency Management System as implemented by the Adequate Public Facilities Ordinance (Division 3.15 of the LDC). CAAdLib eXpress \Work\rad74845.tmp.doc 4 Agenda Item No. 8G September 14, 2004 Page 47 of 65 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2.1 Property Ownership The subject property is under the ownership of Naples Golf Club South, LLC, Naples Golf Development, LLC and Naples South, LLC. 2.2 Legal Description See Exhibit "B ". 2.3 Short Title This ordinance shall be known and cited as the "Boyne South Residential Planned Unit Development Ordinance ". 2.4 General Description of Property The property is located approximately three miles east of County Road 951 and south of U.S. 41. The existing zoning of the subject property prior to this application for rezoning is "PUD ". The project is developed with a series of stormwater retention lakes with interconnecting swales and pipes. Stormwater flows from north to south where stormwater finally discharges from the two southernmost lakes through two water control structures into a spreader waterway along the south side of the project. The project's water management system also intercepts waters that drain from U.S. 41 and lands to the north. These waters flow through the project's water management system. 2.5 Statement of Unified Control It is the intent of the property owners to establish a Planned Unit Development on 242.35 acres in Section 20, Township 51 South, Range 27 East, Collier County, Florida. The subject property, as depicted on the PUD Master Plan, is under unified control and ownership for the purpose of obtaining PUD zoning. CAAdLib eXpress\Work\rad74845.tmp.doc 5 SECTION III STATEMENT OF INTENT 3.1 Introduction Agenda Item No. 8G September 14, 2004 Page 48 of 65 It is the intent of the developer to establish a PUD meeting the requirements as set forth in the Collier 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 GMP. 3.2 Project Description The project is comprised of 242.35 acres and is located on the south side of the East Tamiami Trail (U.S. 41) in Section 20, Township 51 South, Range 27 East. The PUD will include a golf driving range that exists on the west side of the entrance into Boyne South. The project further includes an existing golf course, a water management system comprised of a series of lakes, a club house, and residential tracts, which will allow for 137 single family dwelling units and 34 multi - family dwelling units for a total of 171 dwelling units, as depicted on Exhibit A, the PUD Master Plan. Because of the pattern of ownership existing at the time of the application for this PUD, some existing single family lots fronting on the golf course and on adjacent properties are not contained within this PUD and will retain their existing RSF -3 zoning designation as illustrated on the PUD Master Plan. 3.3 Land Use Plan and Project Phasing A. The PUD Master Plan contains a total of five (5) development tracts consisting of the golf course,.and development areas for single and multi- family use, including road right -of -way. The Master Plan is designed to be flexible with the placement of buildings, related utilities and water management facilities to be determined 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. Tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. Final lot configurations will be determined during the Final Subdivision Plat review process. B. The anticipated time of build -out of the project is approximately six (6) years from the time of issuance of the first building permit. CAAdLib eXpress \Work\rad74845Amp.doc 6 Agenda Item No. 8G September 14, 2004 Page 49 of 65 SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the development regulations to be applied to the development and use of the Boyne South Residential Planned Unit Development and Master Plan. 4.1 General A. Regulations for development of the Boyne South 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 GMP in effect at the time of issuance of any development order to which said regulations relate which authorize the construction of improvements. The developer, his successor or assignee, shall 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. w -. 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 Boyne South 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. E. 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. In the event of a conflict between the regulations within this PUD and the LDC, the provisions within that PUD shall prevail. 4.2 Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the LDC and the standards and commitments of this document at the time of construction plan approval. CAAdLib eXpress \Work\rad74845.tmp.doc 7 Agenda Item No. 8G September 14, 2004 Page 50 of 85 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 to insure compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. 4.4 Amendments to the Ordinance Amendments to this Ordinance and Master Plan shall be pursuant to Section 2.7.3.5 of the LDC. 4.5 Project Plan Approval Requirements Exhibit "A ", PUD Master Plan, constitutes the required PUD Development Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to recording of the Final Subdivision Plat when required by the subdivision regulations set forth in Section 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 the State of Florida. Prior to the issuance of a building permit or other development orders, the provisions of Section 3.3, Site Development Plans of the LDC, shall be applied to all platted parcels, where applicable. 4.6 Provision for Off -Site Removal of Earthen Material 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, off -site 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 off -site removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. CAAdLib eXpress\Work\rad74&45.tmp.doc 8 Agenda Item No. 8G September 14, 2004 Page 51 of 65 B. A schedule to facilitate said removal shall be submitted to the County Manager for approval. Said schedule 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 Boyne South 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. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. The monitoring report shall be accompanied by an affidavit stating that representations contained therein are true and correct. 4.8 Polling Places Any community recreation/public building/public room or similar common facility located within the Boyne South PUD may be used for a polling place, if determined necessary by the Supervisor of Elections in accordance with Section 2.6.30 of the LDC. -. 4.9 Native Vegetation Retention Requirements Pursuant to Section 3.9.5.5.3 of the LDC, twenty-five (25) percent of the native vegetation shall be preserved where applicable. 4.10 Common Area Maintenance Common area maintenance, including the maintenance of common facilities, open spaces and the water management facilities shall be the responsibility of a property owners' or homeowners' association, together with any applicable permits and conditions from applicable local, state, or federal permitting agencies. 4.11 Landscaping Requirements All landscaping requirements, buffers, walls, and berms, shall be developed in conformance with the requirements of Division 2.4 of the LDC pertaining to landscaping and buffering. 4.12 Open Space and Common Areas Open spaces shall be provided as required by Section 2.6.32 of the LDC. 4.13 Signs As provided for within Section 2.5 and 2.8 of the LDC. CA1AdLib eXpress\Work\rad74845.tnp.doc 9 Agenda Item No. 8G September 14, 2004 Page 52 of 65 4.14 Archaeological Resources The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event they are contained on the property. 4.15 Parking All parking shall be in conformance with Division 2.3, Off - street Parking and Loading, of the LDC. 4.16 Fill Storage Notwithstanding the provisions of Section 3.2.8.3.6 of the LDC, fill storage is generally permitted as a temporary principal use (not to exceed 36 months) throughout the Boyne South PUD. Fill material generated may be stockpiled within areas designated for residential development. Prior to stockpiling in these locations, a Vegetation Removal and Site Filling Permit, along with plans showing the locations and cross - sections, shall be submitted to the County Manager for review and approval. The following standards shall apply: A. Stockpile maximum side slope: 3:1. B. Stockpile maximum height: thirty-five (35) feet. C. Fill storage shall not be permitted in Preserve Areas. 4.17 General Permitted Uses Certain uses shall be considered general permitted uses throughout the Boyne South PUD except in the Preserve Areas. General permitted uses are those uses which generally serve the Developer and residents of the Boyne South 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. Temporary Sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities. 7. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, CAAdLib eXpress \Work\rad74845.tmp.doc 10 Agenda Item No. 8G September 14, 2004 Page 53 of 55 including necessary access ways, parking areas, and related uses to serve such offices subject to the issuance of a temporary use permit pursuant to Section 2.6.33 of the LDC. 8. Landscape features including, but not limited to, landscape buffers, berms, fences, and walls subject to the standards set forth in Section 4.11 of this PUD. 9. 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. B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road — twenty -three feet (23') except for guard houses, gatehouses, and access control structures which shall have no required setback. 2. Minimum distance between unrelated structures — twelve feet (12') 3. Maximum height of structures — See Table 1, Development Standards 4. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the adopted Boyne South PUD design guidelines and standards are to be in accordance with the LDC in effect at the time of Site Development Plan Approval. C:\AdLib eXpress \Work\rad74845.tmp.doc 11 Agenda Item No. 8G September 14, 2004 Page 54 of 65 SECTION V PERMITTED USES & DIMENSIONAL STANDARDS FOR RESIDENTIAL DEVELOPMENT, TRACTS 1) B AND E 5.1 Purpose The purpose of this section is to identify the permitted uses and development standards for areas within Boyne South designated for residential development on the PUD Master Plan. 5.2 Residential Development Intensity currently consistent with the 1997 Growth Management Plan A maximum of one hundred and thirty-seven (137) single - family and thirty-four (34) multi- family dwelling units are permitted to be developed on the subject property. 5.3 General Description The PUD Master Plan designates the following uses for each tract designated on the PUD Master Plan. TRACT USE f ACRES A Driving Range 17.86 B Multi - Family* 6.69* C Golf Course 148.26 E Single Family 58.14 R Right -of -Way 11.40 242.35 *See also Section V of this ordinance for Table 1 permitted multi - family uses, which will require 2.69 acres of the multi- family area to remain in open space. The acreage of residential tracts is depicted on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan approval or Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, recreational amenity areas, water management facilities, and other similar uses found in residential areas. CA1AdLib eXpress\Worklrad74845.tmp.doc 12 Agenda Item No. 8G September 14, 2004 Page 55 of 65 5.4 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: 1. Principal Uses: (a) Single Family Detached Dwellings (b) Multi - family Dwellings (c) Townhouse Dwellings (d) Model homes as a temporary use subject to Section 2.6.33 of the LDC. (e) 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 Zoning Board of Appeals. 2. Accessory Uses and Structures (a) Accessory uses and structures customarily associated with principal residential uses permitted in this district, including recreational facilities, maintenance facilities and clubhouse. (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 Zoning Board of Appeals. 5.5 Development Standards 4-. The following Table 1 sets forth the development standards for residential areas depicted on the PUD Master Plan and comprising Tracts B and E. Tract B shall be required to provide 2.69 acres of open space. PERMITTED USES AND STANDARDS SINGLE FAMILY DETACHED TOWNHOUSE MULTI - FAMILY DWELLING Minimum Lot Areas 6,000 S.F. 3,000 S.F. perdu. 1 AC Minimum Lot WidthP) 60 30 150 Front Yard 25 23 23 Side Yard 7.5 0 or 0.5 BH* 0.5 BH* Rear Yard Principal 20 15 15 Rear Yard Accessory 10 10 l0 Maximum Building Height 35 35 35 Distance Between Structures (2) 15 0.5 BH* 0.5 BH* Floor Area Min. SF 1200 1000 600 I') Minimum lot width may be reduced by 20 percent for cul -de -sac lots provided minimum lot area requirement is still maintained. 'Accessory uses such as pool enclosures may be attached to principal uses. *BH = Building Height 1. Setbacks shall be measured from the legal boundary of the lot and are inclusive of easements with the exception of easements that comprise a road right -of -way. CA\AdLib eXpress \Work\rad74845.trnp.doc 13 Agenda Item No. 8G September 14, 2004 Page 56 of 65 2. There shall be a minimum of 23 feet between the back of the sidewalk and the face of the garage door. Should the garage door be side loaded, there shall be a 23 foot paved cleared area on a perpendicular plane to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. 3. Required landscape buffers shall not be encroached upon by buildings CAAdLib eXpress \Work\rad74845Amp.doc 14 Agenda Item No. 8G September 14, 2004 Page 57 of 65 SECTION VI PERMITTED USES AND DIMENSIONAL REQUIREMENTS FOR GOLF COURSE AND GOLF DRIVING RANGE, TRACTS A AND C 6.1 Purpose The purpose of this Section is to set forth the regulations for the areas designated as Golf Course, Tract C, and comprising 148.26 acres, and for the Golf Driving Range, Tract A, comprising 17.86 acres. 6.2 Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures Golf Course, Tract C Golf Driving Range, Tract A B. Permitted Accessory Uses and Structures 1. A club house with pro shops with equipment sales up to 1,000 square feet in size; restaurants with a seating capacity of 200 seats or less and shall serve patrons no later than 10:00 P.M. intended to exclusively serve patrons of the golf course, and other permitted recreational facilities. 2. Recreational facilities that serve as an integral part of the permitted use, including but not limited to clubhouse community center building, practice driving range, shuffleboard courts, swimming pools and tennis facilities, snack shops and restrooms, cart barn and maintenance facilities. 3. Multiple tennis courts, shuffleboard courts, swimming pools, and other types of facilities intended for outdoor recreation common to a country club. 4. Roads, pathways, accessory uses and structures customarily associated with the permitted use, including but not limited to utility structures, water management facilities, maintenance shops and equipment storage facilities and non - commercial plant nurseries. 5. 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 Zoning Board of Appeals. C:WdLib eXpress \Work\rad74845.tmp.doc 15 Agenda Item No. 8G September 14, 2004 Page 58 of 65 6.3 Property Development Regulations A. General Requirements a) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. b) Buildings shall be set back a minimum of fifty (50) feet from abutting residential districts and the setback area shall be appropriately landscaped and maintained to act as a buffer zone. No parking will be allowed in the buffer. B. Maximum Height of Structures Two (2) stories, or thirty -five feet, except for the Clubhouse clerestory cupola maximum height of forty (40) feet. C. Hours of Operation The driving range shall be operated during daytime hours only. CAAdLib eXpress \Work\rad74845Amp.doc 16 Agenda Item No. 8G September 14, 2004 Page 59 of 65 SECTION VII ENVIRONMENTAL STANDARDS The purpose of this Section is to set forth the environmental commitments of the project developer. 7.1 This PUD shall be consistent with the Environmental sections of the GMP Conservation and Coastal Management Element and the LDC at the time of final development order approval. 7.2 An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site shall be submitted to the County Manager for review and approval prior to final site plan/construction plan approval. C.\AdLib eXpress \Work\rad74845.tmp.doc 17 Agenda Item No. 8u September 14, 2004 Page 60 of 65 SECTION VIII TRANSPORTATION REQUIREMENTS The purpose of this Section is to set forth the transportation commitments of the project developer. 8.1 All traffic control devises, 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 LDC. 8.2 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). 8.3 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. 8.4 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. 8.5 All work within Collier County rights -of -way or public easements shall require a Right - of -way Permit. 8.6 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 LDC, as it may be amended. Collier County reserves the right to modify or close an median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. 8.7 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. 8.8 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:WdLib eXpress \Work\rad74845.tmp.doc 18 Agenda Item No. 8G September 14, 2004 ?age 61 of 65 8.9 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. 8.10 If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or payment 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. 8.11 Access to the multi - family Tract B shall be from the internal access road into the project only as depicted on the PUD Master Plan. 8.12 Internal roadways are proposed to be private subject to approval by the Board of County Commissioners to restrict the public's right to access these roadways. 8.13 Two access points shall be permitted onto U.S. 41 as depicted on the PUD Master Plan, one of which is presently existing and serves as the main project entrance and the other is proposed to be located between the eastern boundary of Tract "B" and the eastern property line subject to FDOT approval. 8.14 Money will be provided in lieu of a sidewalk on US 41 prior to the first CO and at a rate - posted by FDOT Transportation Planning. C:1AdLib eXpress\Work\rad74845.tmp.doc 19 Agenda item No. 8G September 14, 2004 Page 62 of 65 SECTION IX UTILITY AND ENGINEERING REQUIREMENTS The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. 9.1 Utilities A. Sewer and water service shall be provided by Collier County. All pertinent requirements pertaining to the extension and construction of water distribution and sewage collection facilities shall be met. B. 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 01 -156, as amended, and other applicable County rules and regulations. C. 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 water and/or sewer service, customers shall be customers of the interim utility established to serve the project until the County's off -site water and/or sewer facilities are available to serve the project. D. Appropriate easements for any project internal water improvements shall be documented on the construction plans and shall be dedicated to the Collier County Water -Sewer District. E. Construction drawings, technical specifications and all pertinent design information shall be submitted in accordance with Collier County Ordinance 2001 -14 or amendments made thereto and shall be approved prior to the issuance of development construction approval. F. Easements for three well field sites shall be dedicated to Collier County Utilities upon request. These easement areas shall be approximately 60 feet by 40 feet in size and are depicted on the PUD Master Plan. The pipe lines will be located within the county access roads and utility easements. Two sites are located along US #41 and one site is located on the western edge of the development, outside the boundary of the PUD and comprises 4.77 acres. The legal description and Folio for the parcel outside of the PUD boundary line is set forth as follows: Section 20, Township 51 S, Range 27E N330' of S 3300' of W '/z of E '/z of W ' /z, less 30' ROW (4.77 Ac.) or Property I.D. #00764440003 as filed in book 1995 page 1071. CAAdLib eXpress \Work\rad74845.tmp.doc 20 Agenda Item No. 8G September 14, 2004 Page 63 of 65 9.2 Engineering A. Detailed paving, grading, site drainage and utility plans shall be submitted to the County Manager for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the County Manager. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the LDC. 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. C:AdLib eXpress \Work\rad74845.tmp.doc 21 Agenda Item No. 8G September 14, 2004 Page 64 of 65 D. The developer, its successions and assigns, 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 Site Development Plans and any other application that will result in the issuance of a final development order. E. The Developer, its successors and/or assigns agrees to provide for water management review and approval as agreed upon between County staff and South Florida Water Management District staff. 9.3 Exceptions to Subdivision Regulations A. Street Right -of -Way Width (Deviation #1) Street right -of -way width: The minimum right -of -way width to be utilized for local streets and cul -de -sacs shall be a minimum of fifty (50) feet. Drive aisles serving multi - family Tract B shall not be required to meet this standard. B. Dead End Streets (Deviation #2) Cul -de -sacs may exceed a length of one - thousand (1,000) feet to a distance shown on the PUD Master Plan. C. Intersection Radii (Deviation #3) Intersection radii: Street intersections shall be provided with a minimum of twenty (20) feet radius (face of curb) for all internal project streets and a thirty- five (35) foot radius for intersections at project entrances. D. Reverse Curves (Deviation #4) Reverse Curves: Tangent shall not be required between reverse curves on any project streets. E. Intersection and Street Jogs (Deviation #5) Intersection and street jogs shall be constructed in accordance with the layout of streets on the PUD Master Plan and shall not require tangents. F. Sidewalks (Deviation #6) Existing platted lots that are not subject to future subdivision replatting requirements are not required to provide sidewalks, but portions of the C:WdLib eXpress \Work\rad74845.tmp.doc 22 Agenda Item No. 8G September 14, 2004 Page 65 of 65 subdivision to be replatted will require sidewalks. However, a sidewalk is not required along the eastern edge of the PUD where lots do not front on both sides of the street, and sidewalks are only required on one side of the street for the two (2) cul -de -sacs shown on the eastern edge of the PUD. Money in lieu for the sidewalks, where not provided on both sides of the cul-de -sac, along the eastern edge of the PUD and along US 41, prior to the first CO and at a rate posted by FDOT / Collier County Transportation Planning. (See also Section 8.14 Transportation.) 9.4 Construction of Improvements No certificates of occupancy will be issued for Phase II Residential Construction comprising the new single family area to be constructed along the eastern edge of the development or the multi - family tract "B" unless the following occurs: A. Construction shall be initiated on the redevelopment of the clubhouse, golf course including drainage improvements and entry gate that will be in substantial compliance with conceptual plans shared with the Planning Commission at their August 19, 2004 hearing. _— B. The Developer shall use its best efforts to commence construction of these improvements September 14, 2005. C. The Developer shall use its best efforts to substantially complete these improvements by September 14, 2006. In the event the Board of County Commissioners does not approve of the privatization of the internal road right -of- ways within Boyne South, the entrance gate will not be required CA\AdLib eXpress \Work\rad74845.tmp.doc 23 EXECUTIVE SUMMARY An emergency ordinance of the Board of County Commissioners of Collier County, Florida, extending the effective date of Ordinance 2004 -41, which re- codified the Collier County Land Development Code, to October 18, 2004, due to unforeseen circumstances and providing for an effective date. OBJECTIVE: On June 22, 2004, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 2004 -41, which re- codified and re- adopted the Collier County Land Development Code (LDC), and which was intended to become effective on September 27, 2004. Municipal Code Corporation, due to unforeseen weather emergencies, including Hurricanes Frances and Ivan, advised on September 15, 2004, that it will require additional time to complete its re- publication of the LDC and the corresponding publication of the amendments to the Code of Laws and Ordinances. The extension of the LDC effective date will have no impact on development as the prior LDC (Ordinance 91 -102) will remain in effect until the October 18th effective date of the re- codified LDC. CONSIDERATIONS: This is the first and only hearing required to extend the effective date of The Land Development Code. There is no requirement to advertise this matter as it is deemed an emergency Ordinance and does not amend the substance of the LDC. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: The proposed amendment to the Land Development Code is consistent with Policies, Objectives and Elements of the Growth Management Plan. STAFF RECOMMENDATION: That the Board of County Commissioners reviews the proposed Ordinance and approve the extension due to these unforeseen circumstances. PREPARED BY: Russell Webb, Principal Planner Department of Zoning and Land Development Review AGENDA ITEM SEP 2 1 2004 P9. f ORDINANCE NO. 2004- AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, EXTENDING THE EFFECTIVE DATE OF ORDINANCE 2004 -41, WHICH RECODIFIED THE COLLIER COUNTY LAND DEVELOPMENT CODE, TO OCTOBER 18, 2004, DUE TO UNFORESEEN CIRCUMSTANCES; AND PROVIDING FOR AN EFFECTIVE DATE. RECITALS WHEREAS, on June 22, 2004, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 2004 -41, which re- codified and re- adopted the Collier County Land Development Code (LDC), and which was intended to became effective on September 27, 2004; and WHEREAS, the Board, on July 27, 2004, adopted Ordinance 2004 -54, which, in part, amended a portion of the re- adopted and re- codified LDC, and which was intended to become effective as to those parts of the Ordinance which pertained to the readopted and re- codified LDC on September 27, 2004, or until such time as Ordinance 2004 -41 became effective; and WHEREAS, the Board, on July 27, 2004, also adopted Ordinance 2004 -55, which, in part, amended a portion of the Code of Laws and Ordinances (Code of Laws) to relocate portions of the prior existing LDC, and which was intended to become effective on September 27, 2004, or until such time as Ordinance 2004 -41 became effective; and WHEREAS, Municipal Code Corporation, due to unforeseen weather emergencies, including Hurricanes Frances and Ivan, advised on September 15, 2004, that it will require additional time to complete its re- publication of the LDC and the corresponding publication of the amendments to the Code of Laws described above; and WHEREAS, the advent of these unforeseen weather emergencies has made compliance with the publication of notice provisions of Section 125.66 (2) Fla. Stat (2004), impossible; and WHEREAS, Section 125.66 (3), provides for the adoption of this emergency --- Ordinance without prior publication of notice otherwise required so long as at least four- Page 1 of 2 AGENDA ITEM �1 No. � SEP Z 2o04 Pq.— 'L� fifths of the Board approve this Ordinance following a declaration that an emergency exists and that the immediate enactment of this Ordinance is necessary. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS. The foregoing Recitals are true and correct and are incorporated by reference as if fully set forth and stated herein by the Board. SECTION TWO: EXTENSION OF EFFECTIVE DATE OF ORDINANCE 2004 -41. The effective date of Ordinance 2004 -41, is hereby extended until 12:01 A.M., October 18, 2004. The Board also recognizes that, solely by operation of law as stated in the Effective Date provisions of Ordinances 2004 -54 & 2004 -55, the current effective date of those ordinances is likewise extended until at least October 18, 2004. SECTION THREE: EFFECTIVE DATE. This Ordinance will become effective pursuant to Section 125.66 (3), Fla. Stat. (2004), when accepted by the United States Postal Service for special delivery by certified mail to the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 21st day of September, 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: DONNA FIALA, CHAIRMAN Woved to form andcy: Patrick hite Assistant County Attorney Page 2 of 2 SEP 2 1 2004 Eg- Agenda Item No. 9A September 14, 2004 Page 1 of 14 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD OBJECTIVE: To appoint 2 members to fulfill the remainder of vacant terms to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. CONSIDERATIONS: The Bayshore/Gateway 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. Mr. Peter H. Van Arsdale (At- Large) resigned on March 10, 2004 and Mr. Bruce Babbitt (Bayshore Resident) will not renew because he is moving from the area. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. CONM. Rod Garner Business Owner 1 Yes None Karen L. Beatty Bayshore Resident 4 Yes None Bruce Babbitt Moved from the Area/At -Large 4 Yes BayshorelGateway COMMITTEE RECOMMENDATION: Karen Beatty — Bayshore Resident, expiring 5/22/06 At -Large Position — re- advertise FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint members, 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 September 14, 2004 Page 2 of 14 Agenda Date: SEPTEMBER 14, 2004 Agenda Item No 9A s eptembw 14 200 Page 3 gf 14 COLLIER COUNTY RD CF COUNTY COMMISSIONERS ftm N'n— EA ft. s—r,i Ap,W,,,.t 11 --., 11 the ttl�—Glil..y Tnaqe Local R— 1plllll Ad,- B..d Maet.q D- 9i--20p 900.00 A. P'.P—M By D- - F"... S- 1, 112.11 : 1 � lit 1. 3 ... d A C..,, Approved By -!201 5— CCRA Board commissioner ones N. Coletta commissioner =red W. Coyle :ommissioner Donna Fiala commissioner Frank Halas :;ammissioner Tom Henning D. Aaron Blair Bayshore Gateway Triangle Executive Director Agenda Item No, 9A Bayshore /Gateway Triangle Redevelopment Are)gptember14,2004 Page 4 of 14 Community Redevelopment Agency 2408 Linwood Ave Suite 11 Naples, FI 34112 Phone 239.643.1116 Fax 239.776.4466 MEMORANDUM TO: Sue Filson, Executive Manager FROM: Aaron Blair, Executive Director DATE: July 21, 2004 RE: Bayshore/Gateway Triangle Advisory Board At their July 6, 2004 meeting the Bayshore/Gateway Triangle Advisory Board made the following recommendations for appointment: Karen Beatty — Bayshore Resident Advisory Board members would like to re- advertise the at large vacancy one more time. For the following reasons they did not select the applicants that applied for that vacancy: Bruce Babbitt — Moving out of the area Rod Gamer, This individual has never shown interest in attending advisory board meetings. If you have any questions please give me call at 643 -1115. Thank you very much Collier County Community Redevelopment Agency T H E B A Y S H OR E / G A T E W A Y T R I A N G L E REDEVELOPMENT AREA Agenda Item No. 9A September 14, 2004 Page 5 of 14 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 596 -1991 04/22/03 05/22/04 1 Year 3338 Dominion Drive 353 -6404 Naples, FL 34112 E -Mail: District: 4 Category: Bayshore Resident Mr. Chuck Gunther 2448 Bayside Street Naples, FL 34112 E -Mail: District. 1 Category: Gateway Resident/Business Mr. William C. Mears 3804 Clipper Cove Drive Naples, FL 34112 E Mail. District. 4 Category: Bayshore Resident/At Large Ms. Sharon D. King 3307 Dominion Drive Naples, FL 34112 E -Mail. District. 4 Category: Bayshore Business Mr. Bill L. Neal 3839 Clipper Lane Naples, FL 34112 E Mail: District: 4 Category: MSTU Member 774- 8662 04/30/02 774 -6662 05125/04 04/30/02 774 -7747 05/25/04 777 -3531 05/22/01 774 -4176 04/22/03 05/22/01 774 -6325 04/22/03 Wednesday, May 26, 2004 Page 1 of 3 05/22/04 05/22/06 05122/04 05/22/06 05/22/03 05/22/05 05/22/03 05/22/05 2 Years 2 Years 2 Years 2 Years 2 Years 2 Years 2 Years 2 Years ,agenda item No. 9A September 14, 2004 Page 6 of 14 Bayshore/Gateway Triangle Local Redevelopment Advisory Board Name Work Phone Appi`d Expx Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Ronald A. Fowle 774 -4400 06/26/01 05/22/03 2 Years 2595 E. Tamiami Trail 04/22/03 05/22/05 2 Years Naples, FL 34112 E -Mail. District: 1 Category: Tamiami Trail Business Owner Mr. Philip J. McCabe 263 -0723 09/10/03 679 Fifth Avenue, S. 263 -0723 Naples, FL 34102 E -Mail: District: 2 Category: At -Large Mr. Michael P. Valentine 732 -6774 09/10/03 2408 Linwood Avenue, Ste. 7A 248 -6981 Naples, FL 34112 E -t1ail. District: 4 Category: Davis Boulevard Area Mr. Peter H. Van Arsdale I 5 ,o� 261 -8110 09 /10 /03 123 11th Avenue, S. 0 /to 253-8246 Naples, FL 34102 tr E Mail: petervana @earthiink.net District: 4 Category: At -Large Wednesday, May 26, 2004 Page 2 of 05/22/05 05/22/05 05/22/05 2 Years 2 Years 2 Years Agenda Item No. 9A September 14, 2004 Page 7 of 14 Bayshore/Gateway Triangle Local Redevelopment Advisory Board Name Work Phone Appt'd F.xp. Date Term Horne Phone DateR"ppt 2nd.ExpDate 2nd Term On March 14, 2000 the Hoard of County Commissioners adopted Resolutions 2000 -82 and 2000 -83 establishing the Collier County Community Redevelopment Agency and identifying two areas within unincorporated Collier County (BayshondGateway Triangle and lmmokalee) as areas in need of redevelopment. In addition, Resduton 2000 -83 authorized the creation of Local Advisory Boards by separate resolution to assist in the implementation of the redevelopment plan. The CRA adopted Resolution 2001 -98. which included a set of bylaws for the Bayshore/Gateway Local Redevelopment Advisory Board. On 6113/03 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. FL STAT Staff. • Aaron Blair,CRA Executive Director: 643 -1115 We&unday, Atay 26, 2004 Page 3 of 3 Agenda Item No. 9A September 14, 2004 Page 8 of 14 MEMORANDUM DATE: June 25, 2004 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commission RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to on of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. BAYSHOREIGATEWAY TRIANGLE Rod Garner L �2 3024 Round Table Ct. Naples, FL 34112 Karen L. Beatty 3113 Basin Street Naples, FL 34112 Bruce Babbitt 3338 e Naples, FL 34112 l � Thank you for your help. COMMISSION DISTRICT C(% ( MEMORANDUM DATE: June 25, 2004 TO: D. Aaron Blair, Executive Director Bayshore/Gateway Triangle Redevelor Area FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Bayshore/Gateway Triangle Local Redevelopment Advisory Board Agenda Item No. 9A September 14, 2004 Page 9 of 14 As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Rod Garner 3024 Round Table Ct. Naples, FL 34112 Karen L. Beatty 3113 Basin Street Naples, FL 34112 Bruce Babbitt 3338 Dominion 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 summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 7748097. Thank you for your attention to this matter. SF Attachments fiison_s From: AdvisoryBoards Sent: Friday, June 11, 2004 3:02 PM To: filson s Cc: RegulaJason Subject: New OnAne Advisory Board Application Submitted. Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 774-3602 June 11, 2004 Agenda Item No. 9A September 14, 2004 Page 10 of 14 Application for Advisory Committees 1 Boards Naive: Rod Garner, Rods Performance Marine,ina Home Phone: 239- 643 -1007 Home Address: 3024 Round Table Ct. City: Naples Tip Code: 34112 Fax Number: 239 -775 -6241 Business Phone: 239.775 -7637 Email Address: rgrpm@hotmal.com Board / Committee Applied for. aayshore Gateway Triangle Category: (if applicable) No Information provided. Are you a registered voter in Collier County? Yes Do you currently hold public office? No Do you now serve, or have you served on a Collier County board or committee? Please list your community activities: - Member Marine Industries Association of Collier County Property & Business Owner, 2382 Francis Ave since 1963. Education: Graduate NITS 1973 Experience / Background: No information provided. 6/14/2004 No 04/20/2004 18:44 9417753710 04/21/2004 11:48 M 9417743602 wi -7 KAREN BEATTY SCC board of Conte► Commissioners 3301 East Taod$A i Tre7 Napier. FL 3411 (234) 714 -9097 Sax: (239) T74 -3mz '?-cyl y `Jgend IteP�.9R Septe ber 004 age 11 of 14 M y .4k,pplicadeD for Advisory CommitteesMoards a r Alm" L 0 3 113 r Wm Code: 7" M-ap � ., �. u, s, IV It 111, 11 r rrrcr 'r��cn►.tr�n'rit'r:��T�1►.T�� _. r. r . _. i ,.SiPMP."M ;Wi�ZArWa -mm p Q0 f'C44, Owqe �s /7117 i ' eg-f "tJw -� 04/21/2004 08:54 9417753710 KAREN BEATTY DOWN /NGr�FRYE REALTY, Karen L. Beatty ABR., Gill REA" . Office (239) 261 -2244 ext. 757 Toil Free 800 -448 -3413 Afw tors. (239) 775 -5383 Cellular (339) 269 -7788 Fax (239) 775 -3710 E -mail: Klbeatty48QaoI.c om �dCiWNIiVC- Fitlfi� � Rll?�►LT1f• PVC. + DATE: a� ! j 3411 TarmaFm Trail N., Napier„ Florida 34703 `t �' Agenda (te ��i- 9t� September �1i 00#1 Page 12 of 14 INC. NUNMR OF PAGES TOTAL (MCLUDING COVER SHEI"T) CO1VVafrtyiEPM'TM: i Moo— 3411 Tartianni Trail North Naples, florida 314103 M 04/21/2004 08:54 9417753710 04 /21AW4 11:48 FAX 9417743604 SLR 0 -%= KAREN BEATTY BCC Board of County Commissioners 3381 Bast Tamiami Trw Nsples, FL 34112 034) 774-Ml F9= (-39) 77"W i-; Agenda items. 9,62 5eptembe 004 Pag �of 14 Appmatiou for Advisory Coma dneesMoairds Nx— K'a v-c vi 1.. - 8 e-a.t�w now mama: :22:5- S3 B'S' Home Addrass: i (3 Bets' h ST . ,7dtp Cade: •8 11.E t0 MfwM Plrane: 2�f'f.__..._ e-mail �aa,r: Baird or Camm#ttee Applied VC_ 1) or Ca a (if spplicahle), X=Wow CU*MkL.■t dwitik > bgar,+rvitos our Are yon a g*SIN *d VOW i» Coglar Coxhtr: Y Do you carru ty bold public atfoe7 'Ycx _ - - - - No lls., xbat if Mutt afc.T Da ym Dawsarve, or hAve yell aver a is If m DIM" lid tit. nosau�aSl�dbcsrd to [—A i -11, n. g L ' T4.r_ r3 rl .4 Y'S T-- �c � ` � . L a� sr.ar.r eje�+out raa�obw� rsar.s�es sr..a..e na66 JV.piIN 1�13�x�s �iw ,�e,�ar�e 4M �vr►',�IIPt'O•os� rs ,� �` Q3lJ 7�et -3tsP2 W .�Md! w ili�ai�+ow far �o/�AMrA�p s. �*se aYa s�moa.r of son c� Mau 05 04 02i 45p Collier covM%y 239 -774 -8865 Application for Advisory Committees /Boards c6aleY cownty Board of County Commissioners 3301 East ?1tngnii Tr9il \opus. FL 34112 (239) "4 -8097 Flax: (239) 774-3603 -� Agenda Item No. 9A September � P004 Page 14 of 14 Name u : tT-- Home Address: 33 s syt Tc9'l 0-0— Axe A it zip CodC: Home Pho": • FCL-5 'tip a F", Are Mott a rows ereo Voter to UoHW (_ounlyT i Yes J�Q- NO Lf j lio YOU currentl • nota RuDixt 6111ce: Yes ! No IlQ if sa. tt•hat office de vest hold? _ 00 you aaw serve, or have r•ou ever served on a Collier Coun board or cotnniittee ". yes No 1 Kvt:a. rAcaw HA the boardshomminets: i_. Please 16-t your community activitiq (OvicAsht nr:ahitorile" skuiat:on;, ctc. odd poaitioraheki): Eduratlon:ll.ialt I i ' Ex erietice/Bac round: ' .cyr ......n rah •.r(4Yno/ ny /I.rJ/mD1. jaR JLT /�frAA(1/:r JtR app wAwa fA dm "forl{e"re N JYa ItldOR/ GXQIIt/t7M j1fQda ,-eb fo IhQ Baird ajCot/tsp Cawr�'ttiv..era/ 33Q7 B� Tareloml Tin$ IVaPIe[ 1fL SdJI? Jfraa ta8t>:,�pttr fax patty apylltrmtar to (3391 T�!•3tfBJ of e- wail rs se �w+fp!eaffirrtov. rreV. 771QAC! Stitt j%t t4ilHttltrird m rest rAr ehitear of GaBiar Car-n�: Agenda Item No. 913 September 14, 2004 Page 1 of 17 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on May 22, 2007 to the Collier County Coastal Advisory Committee. CONSIDERATIONS: The Collier County Coastal Advisory Committee has 1 vacant term expiring on May 22, 2007. This 9 member committee was created by Ordinance 2001 -03 to assist the Board of County Commissioners with its establishment of unified beach erosion control and inlet management programs within the unincorporated and incorporated areas of Collier County, and to advise the Board of County Commissioners and the Tourist Development Council (TDC) of project priorities with respect to funding sources that are available to Collier County for restoration and protection of its shoreline. The committee is composed of 3 members from the unincorporated area of Collier County, 3 members from the City of Naples and 3 members from the City of Marco Island. Selection for membership on this committee will be based upon the applicant's familiarity with coastal processes, inlet dynamics, coastal management programs, or demonstrated interest in such programs; relevant education and experience; leadership and involvement in community affairs; and willingness to attend meetings and to undertake and complete assignments. After initial appointments, terms will be 4 years. A list of the current membership is included in the backup. -- During the May 11, 2004 meeting the Board of County Commissioners directed staff to re- advertise the position held by David A. Roellig, representing Collier County. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. CONIN-1. Joseph a. Sidoti Collier County 2 Yes None Heidemarie Kulpa Collier County 2 Yes None David A. Roellig Collier County 2 Yes Pelican Bay MSTBU COMMITTEE RECOMMENDATION: David A. Roellig FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 14, 2004 Aoenda Rem No. 98 September 14. 2Ci(u Pane 2 of 1; COLLIER COUNTY SCA.RO CF COUNTY COIAMISSICNERS ttam Number 98 Bent summary A10— If members b he CN411 County C-1 Advisory Cmmabea. Meetin D- 9/142004 9M 00 AM Prepared BY 0a;e Sva Filvm i_a—'. Managzr :o :M1a BCC -,Ml 1'._1.59 PM Hoard of Coumy 3CC 01dce Commissioners App—d By James V. Mudd ..oemy Manager Ja:e 3aard et Cau1ry Ccmmisaienars County Menagefs Otfica Big:' ?OOJ S:2a PfA Naples (0 Marco Island Everglades TO: FROM: DATE: SUBJECT: Agenda Item No. 9B September 14, 2004 Page 3 of 17 MEMORANDUM Sue Filson, Executive Manager Board of County Commissioners Maria E. Bernal, Tourist Tax Coordinator and Coastal Advisory Committee Staff Liaison July 19, 2004 Coastal Advisory Committee Recommendation for Membership Appointment On July 16, 2004, the Coastal Advisory Committee reviewed the application received by the prescribed deadline for one vacancy effective May 22, 2004. The Committee recommends the following applicant for appointment for term which has expired on May 22, 2004. NAME TYPE OF TERM FIELD OF EXPERTISE David A. Roellig Reappointment* 4 30 years experience with the Army Corps of Engineers which involved work in the geotechnical and coastal engineering areas. Please advise should you need additional information. Convention & Visitors Bureau 3050 N. Horseshoe Drive #218, Naples, Fl 34104 T (239) 403 -2384 • F (239) 403 -2404 Web site www.classieflorida.com Agenda Item No. 913 September 14. 2004 COASTAL ADVISORY COMMITTEE (CAC) APPLICANTS 2004 Page 4 of 17 Candidate Current Qualifications/Educational Background/Community Service Resident/ Meets Recommend Name Occupation Financial Consultant Elector Ordinance • Board Member - Citizen Support Organization of Requirements Hedimarie Retired • Designation of Certified Life Underwriter; Chartered Yes Yes Kulpa Financial Consultant • Board Member - Citizen Support Organization of Deloor- Wiggins Pass State Park • Secretary — Collier County Master Gardner Program • Tarde Tracking Program Volunteer - Delnor- W iggins • Landscape Committee Member — Wiggins Bay Villas Condominium Association David A. Retired • 1966 —1994 U.S. Army Corps of Engineers Yes Yes Roeilig • 1981 -1990 - Division Geologist • 1990-1994 - Engineering Geology Consultation and Guidance to Corps of Engineers • Tecbnical Monitor of Coastal Geology R &D Programs and Technical proponent of geology related training courses • Licensed as a Professional Geologist in Florida BS— Geology Major • Coastal Engineering and other technical conferences, training courses and seminars • Past member — Coastal Advisory Committee • Member — Pelican Bay MSTBU Advisory Board of County Commissioners • Past Member City /County Beach Renourishment Board Page 2 Agenda Item No. 9B September 14, 2004 COASTAL ADVISORY COMMITTEE (CAC) APPLICANTS 2004 Page 5 of 17 Candidate Current Qualifications/Educational Background/Community Service Resident/ Meets Recommend Name Occupation • Licensed Florida Building Contractor Elector Ordinance • Builder and developer for 35 years Requirements Page 3 Joseph A. Sidoti Retired • Licensed Florida Building Contractor Yes Yes • Builder and developer for 35 years • Participated in drawing up the "Critical Areas Bill for the Chesapeake Bay" • 1985 -1987 - President — Quay Harbour Condominium Association • 1 %6-1%9 Lions Club Member • 10 ears in the air force Page 3 Agenda Item No. 9B September 14, 2004 Page 6 of 17 Collier County Coastal Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Anthony P. Pires, Jr. 649-6555 05/22/01 05/22/05 4 Years 209 Madison Drive Naples, FL 34110 E Mail: District. 2 Category: Collier County VACANT 05/22/04 3 Years Naples, FL E Mail: District: 2 Category. Collier County Mr. Graham Ginsberg 455 -6595 03 -09 -04 05/22/07 3 Years 4950 Sycamore Drive 455 -6595 Naples, FL 34119 E -Mail: District: 3 Category: Collier County Mr. James L. Sned0cer 05/22/01 05/22/05 4 Years 3000 -417 Royal Marco Way 642-3566 Marco Island, FL 34145 E Mail: District. I Category: Marco Island Mr. John A. Arced 3948852 02/11/03 05/22/07 3+ Years 1228 Lamplighter Court 394 -8852 01127/04 05/22/07 Marco Island, FL 34145 E Mail. District. 1 Category: Marco Island Wednesday, June 09, 2004 Page I of 3 Agenda Item No. 913 September 14, 2004 Page 7 of 17 Collier County Coastal Advisory Committee Name Work Phone Appi'd Exp. Date Term Home Phone DateRe -apps 2ndExpDate 2nd Term Mr. Paul W. Sullivan 06/08/04 05/22108 4 Years 1330 Caxambas Ct. 393 -9125 Marco Island, FL 34145 E -Mail: District: I Category: Marco Island Mr. Murray H. Hendei 05/11/04 05/22/08 4 Years 4301 Gulf Shore Blvd., N. 262 -0738 Naples, FL 34103 E -Mail: murrp2h@aol.com District: 4 Category: City of Naples Mr. Ronald M. Pennington 05/22/01 05/22/03 2 Years 3430 Gulf Shore Blvd., N., Unit 2F 263 -6935 02/10/04 05/22/07 4 Years Naples, FL 34103 E Mail. District: 4 Category: City of Naples Councilman John F. Sorey, 111 213 -1015 03 -09 -04 05/22/05 1 Year 735 Eighth Street, South Naples, FL 34102 E -Mail: District: 4 Category: City of Naples Wednesday, June 09, 2004 Page 2 of 3 Agenda Item No. 9B September 14, 2004 Page 8 of 17 Collier County Coastal Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -apps 2ndExpDate 2nd Term This 9 member committee was created on February 13, 2001 by Ordinance 2001 -03 to assist the Boars! of County Commissioners with its establishment of unified beach erasion control and inlet management programs within the unincorporated and incorporated areas of Collier County, and to advise the Board of County Commissioners and the Tourist Development Council (TDC) of project priorities with respect to funding sources that are available to Collier County for restoration and protection of its shoreline. The committee is composed of 3 members from the unincorporated area of Collier County, 3 members from the City of Naples and 3 members from the City of Marco Island. selection for membership on this committee will be based upon the applicant's familiarity with coastal processes, inlet dynamics, coastal management programs, or demonstrated interest in such programs; relevant education and experience; leadership and involvement in community affairs; and willingness to attend meetings and to undertake and complete assignments. After initial appointments, terms will be 4 years. FL STAT Staff. Maria Bernal, Tourism Office: 213 -2966 Wednesday, June 09, 2004 Page 3 of 3 MEMORANDUM ;,: DATE: June 9, 2004 TO: Elections Office FROM: Sue Filson, Executive Manager ` Board of County Commission RE: Voter Registration - Advisory Board Appointments Agenda Item No. 913 September 14, 2004 Page 9 of 17 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 commission district in which each applicant resides. COASTAL ADVISORY COMMITTEE Joseph A. Sidoti 254 Lagoon Avenue Naples, FL 34108 Heidemarie Kulpa 766 Wiggins Bay Drive Naples, FL 34110 David A. Roellig 6000 Pelican Bay Blvd. #504 Naples, FL 34108 Thank you for your help. COMMISSION DISTRICT �a) (a) dal MEMORANDUM DATE: June 9, 2004 TO: Maria Bernal, Tourism Office 1 FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Collier County Coastal Advisory Committee Agenda Item No. 913 September 14, 2004 Page 10 of 17 As you know, we currently have a vacancy on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Joseph A. Sidoti 254 Lagoon Avenue Naples, FL 34108 Heidemarie Kulpa 766 Wiggins Bay Drive Naples, FL 34110 David A. Roellig 6000 Pelican Bay Blvd. #504 Naples, FL 34108 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 summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774=8097. Thank you for your attention to this matter. SF Attachments filson s From: AdvisoryBoards Sent: Thursday, June 03, 2004 5:35 PM To: filson s Cc: RegulaJason Subject: New On-line Advisory Board Application Submitted. or County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 774 -3602 June 03, 2004 Agenda Item No. 913 September 14, 2004 Page 11 of 17 Application for Advisory Committees / Boards Name: Joseph A. Sklotl Home Phone: 2:i9. 5941587 Hare Address: 254 Lagoon Ave City. Naples Zip Code: 34108 Fax Number: 2395941587 Business Phone: No information provided. Email Address: pworthingWn7Qcomcast.net Board / Committee Applied for Coastal Advisory Board Category: (d applicable) No information provided. Are you a registered voter in Collier County? yes Do you currently hold public office? No Do you now serve, or have you served on a Collier County board, or committee? Please list your canrnunity activities: President Quay Harbour Condominium Assoc. 1984 -1987 Served on various. homeowner associations over the years. Lions Club member in 1966 -19139, Dover, Delaware Education: High school Ten years in U.S. Air Force Experience 1 Background: IM. Licensed Florida Building Contractor. Bulkier and developer in Annapolis. MD for 35 years. I have had extensive experience with storm water management controls around various waterfront properties on the Chesapeake Bay and many of ti's tributaries. I participated in the drawing up of the Critical Areas Bill for the Chesapeake Bay. This 6/4/2004 piece of legislation was designed to protect and monitor development of any land that had shoreline which knpacted the Chesapeake Bay. 1 was the first developer to use environmer" fencing In Anne Arundel County, MD. I amd presently retired and am interested in serving on the Coastal Advisory Board. 6/4/2004 Agenda Item No. 913 September 14, 2004 Page 12 of 17 filson_s From: AdvisoryBoards Sent: Thursday, May 13, 2004 3:47 PM To: filson s Cc: RegulaJason Subject: New On -fine Advisory Board Application Submitted. Cllr cou,sxy Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 May 13, 2004 Application for Advisory Committees t Boards Name: Heidemarie Kulpa Home Phone: 239- 66..8389 Home Address: 766 Wiggins Bay Drive City: Naples Zip Code: 34110 Fax (dumber: 239-566.8368 Business Phone: 239-566-83M Email Address: HeidKulpaQmsn.corn Board / Committee Applied for. Coastal Advisory Category: (if applicable) Lay Person Are you a registered voter in Collier County? yes Do you currently hold public office? No Do you now serve, or have you served on a Collier County board.or No committee? Please list your coma unity activities: Citizen Support organization of Delnoi- Wiggins Pass State Park, Board Member, Secretary Collier County Master Gardener Program Turtle Tracking Program volunteer at Delnor- Wiggins Pass State Park Landscape Committee Member - Vlliggins Bay Villas Condominium Association Education: Mc Cormac College, Chicago, IL The American College - Designation of Certified Life Underwriter (CLU) Chartered Financial Consultant (ChFC) Josephinum Catholic High School, Chicago, IL Experience / Background: Retired from a 25 -year career with the Allstate insurance Company in Winois. As a 5/14/2404 Agenda Item No. 9B September 14, 2004 Page 13 of 17 s member of the Citizen Support Organization, was instrumental in setting up The Pocket Ashtray Progam for Oelnor- Wiggins Pass State Park. Editor of the Palm Tree Press, the club's publication Active in fund raising programs with the Citizen Support Organization for the park. Certificate of Appreciation from Sea Gate Elementray School for volunteering time to assist with plantings for the schools Butterfly Garden. 5/14/2004 Agenda Item No. 9B September 14, 2004 Page 14 of 17 Agenda Item No. 9B September 14, 2004 Page 15 of 17 �7l1 May 22, 2004 Ms. Sue Filson, Executive Manager Board of ColNer County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Ms. Filson: This letter is in response to your press release with the deadline of June 4, 2004 for applying for appointment as a member of the Collier-County Coastal Advisory Committee for the unincorporated portion of Collier County, Enclosed are my application and a copy of my updated resume. I request consideration for reappointment to this Committee. I have nearly 30 years experience with the Army Corps of Engineers; the major portion of my Corps' career involved work in the geotechnical and coastal engineering areas. I am a full time resident and an elector of Collier County. Sincerely, kz_z"O� A. David A. Roellig -6000 Pelican Bay Blvd Naoies. Florida 341 OF (239) 594 -2210 Attachments: 1. Application 2. Resume Board of County Commissioners 3301 East Tamiami Trail r Naples, FL 34112 (239) 7745097 Fax: (239) 7743602 Application for Advisory Committees /Boards Agenda Item No. 9B September 14, 2004 Page 16 of 17 s i lD a vit ©� / G Home Phone: 3 p-- 9� — 2 2 o Name, / Home Address: �0 00� �• e ce . i �k �i ��vc( S 0 Zip Code: 3 y� 0 C Fax No. Business Phone: 'VZ14 e-mail address-. Ot s r -oe /Z 1or<��jyi ,� ; e" m Business: A o�/ F oY ':7e, n 1 n Board or Committee Applied for: (7�R 5s to 4 d !/" 4o rY OD Category (if applicable): Al Example Commialon District, Developer, eaviromnenWist, lay person, etc- Are you a registered voter in Collier County: Yes--�-�No Do you currently hold public office.' Yes No. !/— If so, what is that office? Do you now serve, or have you ever served, on a Collier County board or committee► Yd ✓� No if yes, please fist the committecslboards A Cow. e se T r e: r 4 r, / oo Please list your community activities (civic Blabs, neighborhood associations, etc. and posidims held: 1. Chateaumere Condominium Association Board member and treasurer. 2. Volunteer boat captain for the Conservancy of Southwest Florida Education: 1. Wayne State University, BS degree, geology major. 2. Frequent participant at Coastal Engineering and other technical conferences, training courses and seminars. Experience: My career as a civilian with the U.S. Army Corps of Engineers spanned the period from May 1966 to May 1994. 1 started in the Corps local office in' Detroit and prepared or was responsible for more than 15 coastal erosion and navigation studies, most of which were authorized and constructed. I also served as Division Geologist in the Corps regional office in Chicago, which was responsible for the U.S. portion of the Great Lakes and the Upper Mississippi valley area. My final station with the Corps was at the Headquarters in Washington DC. in the Headquarters, t provided engineering geology consultation and guidance to all elements of the Corps of Engineers. I also served as the technical monitor of coastal geology R & D programs and technical proponent of geology related training courses. I have a current license as a Professional Geologist in Florida *729. Please see the attached resume for additional details. .. pk_edmck_y_ k6nofW*nxa ionyonfeafperd_mL ym&M&ad- AoWdbef— rdrat*S- Faw«.Emcxdw dooew to the Bowd of Carry Cwm*da".,, 3361 Eet F=Wwa rWA 1Vq" FL 34112 11ya w*k pWwfKyo1w gV§wdw tO (239)774- t6o2oroawgtes -* rmJbryabud r&gtosww&ecisfta►sgl'CoMwComy Agenda Item No. 9B September 14, 2004 Page 17 of 17 RESUME Name: David A. Roellig Education: B.S., Geology, Wayne State University Registration: Professional Geologist, Florida License *729 Prior Experience: May 1966 to January 1981. Detroit District, U.S. Army Corps of Engineers, prepared or was responsible for more than 15 coastal erosion, and navigation studies, most of which have been authorized and constructed. Served as District Coastal Zone Management Coordinator and on subcommittees of the International Joint Commission and the Great Lakes Basin Commission. January 1981 to September 1990. Division Geologist for the North Central Division, Corps of Engineers, Chicago, Illinois. Provided consultation and guidance in the fields of engineering geology and coastal engineering to our subordinate district offices. The area of responsibility included the U.S. portion of the Great Lakes as well as the upper Mississippi River Basin. Also served as the Division Research and Development Coordinator and as a member of the International Joint Commission's Council of Great Lakes Research Managers. September 1990 to May 1994. Geologist for the Headquarters, Corps of Engineers, Directorate of Civil Works, Washington D.C. Provided engineering geology consultation to all elements of the Corps of Engineers. Technical proponent of geology related training courses. Headquarters technical monitor of the Corps' coastal geology R &D. Provided guidance and oversight of civil works program development, and execution for a broad range of water resource and conservation projects. May 1 994 to February 1998. Took early retirement, performed volunteer work and relocated to Florida in 1996. February 1998 to present. Serving on the Pelican Bay MSTBU Advisory Board and also serve as chairman of the Clam Bay Restoration Subcommittee. June 1999 to April 2001. Appointed to the City /County Beach Renourishment Advisory Committee. Elected Chairman of the Committee at the October 2000 meeting. This Committee was disbanded and County Ordinance established the new Coastal Advisory Committee. May 2001 to present. Appointed to the Collier County Coastal Advisory Committee. Elected Vice - Chairman. 1996 to present. Boat Captain at the Conservancy of Southwest Florida March 1999 to present. Member, Board of Directors of the Chateaumere Condominium Association Professional Affiliations: Member, Association of Engineering Geologists Member, Florida Shore and Beach Association Address: 6000 Pelican Bay Blvd. *504, Naples, Florida 34108 Telephone: (239) 594-2210 Agenda Item No. 9C September 14, 2004 Page 1 of 20 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY OBJECTIVE: To appoint 3 members to fulfill the remainder of vacant terms, expiring on April 4, 2007 to the Immokalee Enterprise Zone Development Agency and confirm the appointment of the Code Enforcement representative with the term expiring on April 4, 2007. CONSIDERATIONS: The Immokalee Enterprise Zone Development Agency has 3 vacancies due to resignations. This 13- member committee was created on March 28, 1995, by Ordinance 95 -22 to induce private investment into distressed areas to create economic opportunities and sustainable economic development for designated areas. To permit Collier County to participate in this program, the Board of County Commissioners nominated the Immokalee Community to be considered by the Florida Department of Commerce for Enterprise Zone designation in Resolution No. 95 -248, approved March 28, 1995. As part of the formal application for an Enterprise Zone, the State required that a committee consisting of a broad base of citizens be established. The committee has representation from the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area, residents living within the nominated area, nonprofit community -based organizations operating within the nominated area, local private industry council, local code enforcement agency, and local law enforcement agency. A list of the current membership is included in the backup. Mr. Alan w. Neuman (Private Industry Council) resigned on June 7, 2004, Mr. Jerry Hubbart (Business in Zone) resigned on May 10, 2004, and due to the death of the member representing (Resident of Zone) we have 3 vacancies. Since Mr. Rick Torres no long works in the Code Enforcement Department the Board needs to confirm his replacement. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Esmeralda Serrata Nonprofit Organization 5 Yes Imm Area Master Plan Sonya L. Tuten Business Owner . None Robert W. Soter Private Industry Council None Richard Heers Resident 5 Yes None Cristina Perez Code Enforcement N/a N/a N/a COMMITTEE RECOMMENDATION: Robert W. Soter — Private Industry Council Sonya Tuten — Business Owner Richard Heers — Resident Cristina Perez - Representative of Code Enforcement FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 3 members, confirm 1 member, and direct the County Attorney to prepare a resolution confirming the appointments. Agenda Item No. 9C September 14, 2004 Page 2 of 20 Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 14, 2004 Agenda Ilem No 9C September 19. 2004 Pace 3 of 20 COLLIER COUNTY 4 DARD OF COUNTY COMMISSIONERS Ilem MUmWr 90 kem Summary Appo�nN.anl of nwnlpers b Uta Mwgkalee Ente n Iona Devebpmenl Agenc, . Mn4ng Da 9114;:, 0a 9110 90 AM Prepared By Baw Sue Filson CC S.;3-- I1:35'13 AM B— o1 C..— Approved By so�.e o1 conn:y _omm�za ianera `-w Y sayer z Office 9 /eReee 5'.2? RM Agenda Item No. 9C September 14, 2004 Page 4 of 20 MEMORANDUM To: Sue Filson, Executive Manager Board of County Commissioners From: Michelle Edwards Arnold, Director Code Enforcement Department Date: August 26, 2004 Subject: Notification of employment change and request for replacement of Code Enforcement Department representation on the Immoklaee CRA / EZDA Please be advised that as of August 30, 2004, Rick Torres no longer works in the Code Enforcement Department. He has transferred to the Financial Housing Administration Department and consequently does not meet the requirement for the position he held on the Immokalee CRA / EZDA. I am at this time requesting that Investigator Cristina Perez replace Rick Torres as representative for the Code Enforcement Department. Please contact this office if there are any questions. Agenda Item No. 9C September 14, 2004 Page 5 of 20 Memorandum To: Sue Filson, Executive Manager, BCC From: John -David Moss, Senior Planner, Comprehensive Planning Date: July 28, 2004 RE: Immokalee CRA Advisory Board Recommended Appointments The Immokalee Redevelopment Advisory Board recommended today the appointment of the three applicants to their Board. Regarding their categories in the zone, they are as follows: Esmeralda Serrata— nonprofit organization Sonya Tuten — business owner Richard Heers — resident Please let me know if you have any questions regarding this matter. Agenda Item No. 9C September 14, 2004 Page 6 of 20 Immokalee Enterprise Zone Development Agency Name Work Phone Appi'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Fred N. Thomas, Jr. 657-3649 04/04/95 04/04/96 1800 Farm Worker Way 09/11/01 04 /04/05 Immokalee, FL 34142 E -Mail: District: 5 Category: Non Profit Organization 0-54 t,- Ms. Ann Olesky '6155�c0 4 657 -2214 10/22/02 6001 Lake Trafford Road 657 -2401 10/22/02 Immokalee, FL 34142 E -Mail. District: 5 Category: Resident of Zone Mr. Ira J. Malamut 11990 Wedge Drive Ft. Myers, FL 33913 E -Mail. District. Category: Non -profit Organization Mr. Jerry Hubbart 6y4 500 6th Avenue /100 ol LaBelle, FL 33935 E Mail: District: Category: Business in Zone Mr. Raymond T. Holland P.O. Box 5325 Immokaiee, FL 34143 E -Mail. District. 5 Category: Finanical Entity 04/04/03 04/04/0f 658 -3560 03/23/99 04/04/03 04/08/03 04/04/07 658-3505 03/23/99 04/04/03 675- 7738 04/08/03 04/04/07 657 -3171 04/01/97 04104/01 657- 4568 09/11/01 04 /04/05 Thursday, January 15, 2004 Page 1 of 4 1 Year 4 Years 5 mos 4 Years 4 Years 4 Years 4 Years 4 Years 4 Years 4 Years Agenda Item No. 9C September 14, 2004 Page 7 of 20 Immokalee Enterprise Zone Development Agency Name Work Phone Appt'd Exp. Date Term Horne Phone DateRe -appt 2ndExpDate 2nd Term Ms. Cara Ayala 5720 Copper Leaf Lane Naples, FL 34116 E -Mail: District: 3 Category: Local Business in the Zone Mr. Floyd Crews P.O. Box 5157 Immokalee, FL 34143 E Mail: District. 5 Category: Resident/business Mr. Alan W. Neuman red' pd 8453 Britt nia Drive t,.'7'oy Ft. Myers, FL 33912 E Mail: District: 5 Category: Private Industry Council Mr. Charlie Esquivel 703 Taylor Lane Lehigh, FL 33936 E Mail: District. Category: Local Business in the Zone 348 -7221 04/09/02 04/09/05 3 Years 348 -8790 657 -2429 11/24/98 04/04/99 4 Months 657 -2370 04/08/03 04/04/07 4 Years 481 -8020 08/05/97 04/04/99 481- 8020 04/09/03 04/04 /07 825 -3591 04/09/02 04/04/06 368 -6827 Mr. H. B. (Benny) Starling, Jr. 657 -3237 06/11/02 720 N. 15th Street 657 -7797 Immokalee, FL 34142 E -Mail: District: 5 Category: Business in the Zone - B -Hive Flowers Thursday, January IS, 2004 Page 2 of 4 04/04/03 2 Years 4 Years 4 Years 10 Mos. Agenda Item No. 9C September 14, 2004 Page 8 of 20 Immokalee Enterprise Zone Development Agency Name Work Phone ApptW Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Sgt. James Mansberger 774 .4434 04/08/03 04 /04/06 3 Years 3301 E. Tamiami Trail Naples, FL 34112 E -Mail- District. Category: Local Law Enforcement Mr. Gary D. Holloway 858.3338 10/14/03 2745 Cambridge Court 657 -2706 Immokalee, FL 34142 E -Mail: gary44mcanes@yahoo.com District: 5 Category: Business In Zone Mr. Rolando E. Torres 659- 5726 04/08/03 973 Chesapeake Bay Ct. 348 -9645 Naples, FL 34120 E -Mail: District: Category: Local Code Enforcement Ms. Denise Blanton 657 -3306 12/09/97 14700 Immokalee Road Immokalee, FL 34120 E -Mail: District: 5 Category: non- voting ex -officio member Mr. Tony Sanchez, Jr. 506 South First Street Immokalee, FL 34142 E -Mail. 658-1313 12/I4/99 District: 5 Category: Business/Minority/EX OFFICIO Thursday, January 15, 2004 Page 3 of 4 04/04/07 04/04/07 00 /00 /00 4 Years 4 Years unlimited Agenda Item No. 9C September 14, 2004 Page 9 of 20 Immokalee Enterprise Zone Development Agency Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term This 13 member committee was treated on April 4, 1995, by Ord. No. 95-22 to induce private investment into distressed areas to create economic opportunities and sustainable economic development for designated areas. Initial members were appointed by Resolution No 95 -249. To permit Collier County to participate in this program, the Hoard of County Commissioners nominated the Immokalee Canmunity to be considered by the FL tempt. of Commerce for Enterprise Zone designation in Reso. No. 95 -248, approved March 28, 1995- As part of the formal app for an EZ, the State required that a committee consisting of a broad base of citizens be established. The committee has repel -UnWon from the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area, residents, nonprofit community - based organizations, k" private industry council, local code enforcement agency, and local law enforcement agency. Amended by Ord. No. 97-81 Terms are 4 years_ This committee also serves as the Immokalee Redevelopment Board. FL STAT 290.001 - 290.016 Staff - - - . 403 -2398 r= -C" fine t7 wry r" �on -,�J l� /RpintrY+ Thursday, January 15, 2004 Page 4 of 4 Agenda Item No. 9C September 14, 2004 Page 10 of 20 Memorandum To: Sue Filson, Executive Manager, BCC From: John -David Moss, Senior Planner, Comprehensive Planning Date: July 28, 2004 RE: Immokalee CRA Advisory Board Recommended Appointments The Immokalee Redevelopment Advisory Board recommended today the appointment of the three applicants to their Board. Regarding their categories in the zone, they are as follows: Esmeralda Serrata— nonprofit organization Sonya Tute"usiness owner Richard Heers — resident Please let me know if you have any questions regarding this matter. Agenda Item No. 9C September 14, 2004 Page 11 of 20 MEMORANDUM DATE: June 25, 2004 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissione 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 commission district in which each applicant resides. IMMOKALEE EZDA Esmeralda Serrata 603 Nassau Street, Apt. 4 Immokalee, FL 34142 Sonya L. Tuten 1292 CR 830 c / Felda, FL 33930 Robert W. Soter 6209 Emerald Pines Circle Fort Myers, FL 33912 Richard Heers 507 N. 18th Street L Immokalee, FL 34142 Thank you for your help. COMMISSION DISTRICT ( -�5) (5/ Agenda Item No. 9C September 14, 2004 MEMORANDUM Page 12 of 20 DATE: June 25, 2004 TO: John -David Moss, Senior Planner FROM: Sue Filson, Executive Manager ( I Board of County Commission RE: Immokalee EZDA As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Esmeralda Serrata 603 Nassau Street, Apt. 4 Immokalee, FL 34142 Sonya L. Tuten 1292 CR 830 Felda, FL 33930 Robert W. Soter 6209 Emerald Pines Circle Fort Myers, FL 33912 Richard Heers 507 N. 18th Street Immokalee, FL 34142 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 summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments fiison_s From: AdvisoryBoards Sent: Friday, June 25, 2004 11:55 AM To: filson s Cc: RegulaJason Subject: New On -fine Advisory Board Application Submitted. ler Ctl.HnEy Board of County Commissioners - , - 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 774-3602 June 25, 2004 Application for Advisory Committees /'Boards Name: Esmerada Serrata home Phone: 239 - 6675838 Home Address: 603 Nassau Street, Apartment 4 City: Immokalee Zip Code: 34142 Fax Number: 239-657 -7232 Business Phone: 239 - 657-3649 Email Address: cchatl@aol.com Board / CornrNttes Applied for. CRA Category: (if applicable) No information provided. Are you a registered voter in Collier County? Yes Do you currently hold public office? No Do you now serve, or have you served on a Collier County board or corrumitbae? If yes, please list the boards / cornniltem Wbridoce Housing and currer" mmokalee Master Plan Committee Please list your comirmnity activities Yes I am a board member of the Wl owing: Vice Chairman of mmok"m 1Mater & Sewer Board; Board Member of RCMA, Immokalee Chamber of Commerce, President -Elect of Immokalee Rotary, Vice Chairman of COFFO and various participation In othe community activities, committees. Education: Immokalee High graduate and Bachelor of Science in Business Administration. Experience / Background: 6/25 /2004 Agenda Item No. 9C September 14, 2004 Page 13 of 20 � l 3� Executive Director of Collier County Housing Authority 6/25/2004 Agenda Item No. 9C September 14, 2004 Page 14 of 20 ftlsolt_s From: AdvisoryBoards Sent: Monday, June 21, 2004 4:15 PM To: filson s Cc: RegulaJason Subject: New On -line Advisory Board Application Submitted. C�oilreT CosrHty Board of County Commissioners - °-- *�--- -- 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 774 -3602 June 21, 2004 Agenda Item No. 9C September 14, 2004 Page 15 of 20 -1-� ;mil ♦� �: Application for Advisory Committees I Boards Name: Sonya L Tuten Home Phone: 239.525-4965 Home Address: 1292 CR 830 City: Feida, FI ZIP Cale: 33930 Fax Number: 239 -6558 -2474 Business Phorm; 239 - 657-5519 Email Address: agtmnix@aoi.com Board / Committee Applied tor. Immokalee Local Redevelopment Advisory Board Category: (if appffcabie) No information provided. Are you a registered voter in Co1Ner County? No Do you currently hold public offte? No Do you now serve, or have you served on a Collier County board or Yes conwnfltee? N yes, please list the boards I corn n*tees: The Immolmlee Area Study/Rural Lands Oversight Committee Immokalee Main Street Project - Chairperson Building Immokalee Together Project Please list your cannwrrily activities: Immokalee Chamber of Commerce 1997-Present, Board Member Since 1989, Past President, Currently Vice President. Immokalee Rotary Club Immokalee Jaycee's it d=tion: Associate in Science (Speciafting in Computer Electronics) 1999 Participated in the OF Learning to Lead Program SELF EMPLOYED Experience i Background: 6/21/2004 Awards: 1999 The Eckerd Salute to Women Award 2001 1COC Woman of the Year Award 2002 ICOC Oscar Yzaguirre Leadersip Award 2002 ICOC VoUmteer of the Year-Award 6/21/2004 Agenda Item No. 9C September 14, 2004 Page 16 of 20 filson s From: AdvisoryBoards Sent: Monday, June 14, 2004 2.37 PM To: filson_s Cc: RegulaJason Subject: New On-line Advisory Board Application Submitted. C�x>zty Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 7743602 June 14, 2004 Application for Advisory Committees / Boards Name: Robert W. Soler Home Phone: 239 -WI -0154 Home Address: 6299 Emerald Pines Circle City: Fort Myers Zip Code: 33912 Fax Number: 239- 948 -3359 Business Phone: 239- 992 -8000 Email Address: rsoterCbsfedb.org Board I Committee Applied for: Immokalee CRA Advmwy Board Category: (if applicable) No information provided. Are you a registered voter in Collier County? No Do you currently had public office? No Do you now serve, or have you served on a Collier County board or No corrrnittee? Please list your community activities President, FGCU Social Work Advisory Board Adjunct Instructor, FGCU Note: my responsibilities as the Division Director for Communiny Outreach at the Southwest Florida Workforce Development Board, Inc. Included the corporate representative re: the construction of our Immokalee Career and Service Center, which opened in April, 2003, next door to the Bethune Center Education: BA, Sociology, College of William and Mary MSW, School of Social Work, Virginia Commorweakh University Experience I Background: Have overseen the Local Management Team in our Immokalee Career and Service 6/14/2004 Agenda Item No. 9C September 14, 2004 Page 17 of 20 oij Center 6!14/2004 Agenda Item No_ 9C September 14, 2004 Page 18 of 20 filson_s From: AdvisoryBoards Sent: Monday, June 07, 2004 5:57 PM To: filson_s Cc: RegulaJason Subject: New On4ne Advisory Board Application Submitted. Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 774 -3602 ,lone 07, 2004 Agenda Item No. 9C September 14, 2004 Page 19 of 20 Application for Advisory Committees / Boards Name: RICHARD HEERS Home Phone: 239 -657 -4524 Home Address: 507 N 18 St City: Immokalee Zap Code: 34142 Fax Number: 239 -M7 -3430 Business Phone: 239-229 -9970 Email Address: rkheers2u @aol.com Board / Conwnittee Applied for: Immokalee Enterprise Zone Development Agency Category: (►f appficable) No information provided. Are you a registered voter in Collier County? Yes Do you currently hold public offtce? No Do you now serve, or have you served on a Collier County hoard or No conwnittee? Please list your community activities: retired principal- Collier County Public Schools; pastor - Friendship Baptist Church; board of Empowerment Alliance of SW Florida; Neighborhood Advisory Board (NABS); volunteer chaplain of Immokalee Fire Department; tutor at D.R.I.L_L_ as a volunteer Education: Bachelor of Science from Houghton College- Houghton, NY -1965 Master of Education - Administration/Supervision -1977 .-, Experience / Background: served as Pastor of First Assembly of God of Hoosick Falls, NY (1967- 1969have been serving concurrently a a pastor and developer/headmaster of Christian schools in St Petersburg (1969-1979) @ Suncoast Cathedral, same position in Fort Myers (1979- 6/8/2004 1988) @ First Assembly of God/Fort Myers Christian School; headmaster of Bammori Christian Academy, Baltimore, MD 1989; taught at Immokalee Middle School in 1989; served as principal of Highlands Elementary, Immokalee Middle School and Lake Trafford Elementary Schools from 1990 -2002, when I retired and became pastor of Friendship Baptist Church here in Immokalee. 6/8/2404 Agenda Item No. 9C September 14, 2004 Page 20 of 20 Agenda Item No. 9D September 14, 2004 EXECUTIVE SUMMARY Page 1 of 9 APPOINTMENT OF MEMBER(S) TO THE CONTRACTORS' LICENSING BOARD OBJECTIVE: To appoint I member to serve a 3 -year term, expiring on June 30, 2007 to the Contractors' Licensing Board. CONSIDERATIONS: The Contractors Licensing Board had 1 term expire on June 30, 2004, in the category of General Contractor. This 9- member board determines the qualifications of applicants for the various categories of the Contractors' Certificates of Competency. They also hold hearings to determine if the holder of a certificate of competency of any contractor, master or journeyman should be disciplined. A minimum 3 members shall be in the category of "Consumer". The consumer representatives may be any resident of the local jurisdiction that is not, and has never been, a member or practitioner of a profession regulated by the board or a member of any closely related profession. Members are required to file a Form 1 Statement of Financial Interests each year with the Supervisor of Elections. Terms are 3 years. A list of the current membership is included in the backup. The term for Mr. Michael D. Baril, representing the General Contractor category expired on June 30, 2004. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Michael Boyd Specialty Contractor/Signs 13 Yes INone NOTE: Mr. Boyd is qualified to serve as a Specialty Contractor. COMMITTEE RECOMMENDATION: Quasi Judicial — no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 14, 2004 o.. d. 11— N. 90 S41 —ber 14. 2CO4 Pao. BM9 ! COLLIER COUNTY � BOARD OF COUNTY COLT MISSIONERS Nam N.m , Mem Surwnary M-Sm Dale 9D Appanb�unt of menbar b 9re Cantncb%licenvrg BOar4. 9/14/2004 9:00 00 AM P,peaed By oa:e 9�e Filson Ezecu:ire Managar:o:Fe BCC 3.,2- 1_21 -.19 PM aoam otcoany commisaieneR Bcc om<. Appmred By James v. M— Seamy Manager Oala Boar4 o1COw�y Canmissionerz Coumy ManagaYS Oflice 8:2g:2gOJ 12:2 PM Agenda Item No. 9D September 14, 2004 Page,?, -of 9 filson s -.> From: bartoe t Sent: Wednesday, August 18, 2004 2:35 PM To: filson_s Cc: baizanopaul Subject Contractors' Licensing Board application Mr. Michael Boyd who has applied to fill a vacancy on the Contractors' Licensing Board is qualified to serve on this board as a specialty contractor_ He is a state licensed sign contractor and his license is current and active with Collier County. Torn Bartoe Licensing Compliance Officer Agenda Item No. 9D September 14, 2904 Page of 9 q . Contractors Licensing Board Work Phone Appt'd Exp. Date Term Name Home Phone DateRe -apps 2ndExpDate 2nd Term / Mr. Kenneth Lloyd �0 430-6900 09 /11 /01 06/30/04 3 Years '/ 5408 Freeport Lane �� 594 -8685 Naples, FL 34119 E Mail. District: 3 Category: Consumer Mr. Eric D. Guite' 403 -9365 07/30/02 06/30/05 1520 Nautilus Road 403 -9365 Naples, FL 34102 E Mail: District: 4 Category: City of Naples - Specialty Contractor Mr. David L. Beswick 5541 Cove Circle Naples, FL 34119 E -Mail: Distrid. 3 Category: Consumer Mr. Michael D. Bari/ 4\c 832 Rose Court Marco Island, FL 34145 E -Mail: District: 1 Category: General Contractor Mr. Sydney E. Blum 237 Burning Tree Drive Naples, FL 34105 E -Mail: eescool @earthlink.net District: 4 Category: Specialty Trade 594_8044 09/10/03 594 -1299 06/08/04 642 -8755 11/27/01 584_7880 07/29/03 261 -1855 „.,,,49 Wednesday, June 09, 2004 Page 1 of 3 06 /30/04 06/30/07 06/30/04 06/30/06 3 Years -1 Year 3 Years 3 Years 3 Years Agenda Item No. 9D September 14, 2004 PageAlbf 9 S • Contractors Licensing Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Richard E. Joslin, Jr. 455 -5000 06/11/96 06130/97 595 13th Street, N.W. 05/27/03 06/30/06 Naples, FL 34120 E Mail: District: 5 Category: Licensed Commercial Pool/Spa Contr Mr. William T. Lewis P.O. Box 1228 Naples, FL 34106 E -Mail: District. 1 Category: General Contractor 430 -1799 09/10/03 06/30/06 430 -1799 Ms. Ann Lundblad Keller 370 -7237 09/10/02 2107 21st Court South 659 -9140 . Naples, FL 34102 E -Mail: District: 4 Category: Consumer- City of Naples Representative Mr. Les Dickson 202 Monterey Drive Naples, FL 34119 E Mail: District: 3 Category: Roofing Contractor 06/30/05 514 -1100 06/11/96 06/30/99 05/28/02 06/30/05 Wednesday, June 09, 2004 Page 2 of 3 1 Year 3 Years 3 Years 3 Years 3 Years 3 Years Agenda Item No. 9D September 14, 2004 Page,Iof 9 10 Contractors Licensing Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term This 9 member board was created by Ord. No. 78-2, 85-42, 90 -105, 92-61 to determine the qualifications of applicants for the various categories of the Contractors' Certificates of Competency. They also hold hearings to determine if a certificate of competency of any contractor, master or journeyman should be revoked. A minimum of 2 members shall reside within the corporate city limits of Naples or shall be recommended to the BCC by the Naples City Council. Fl Stat, Sec 489.131, sub 10 states that 3 members must be consumer representatives. Membership should be licensed architect, licensed general contractor, licensed engineer, licensed electrical contractor, licensed plumbing contractor, licensed roofing contractor, licensed residential or building contractor and a licensed representative from one of the other specialty trades or professions requiring a Certificate of Competency as provided in the Ordinance. These categories are merely directory and failure to have a member of each of the trades is not grounds for voiding any action of the Board. Terms are 3 years. This is a Quasi Judicial Board. Amended by Ordinance No. 94 -34, 95 -11, 97 -68, 99-45, 2002 -21 FL STAT 489 Staff.• Ed Perico, Building Review & Permitting Director:: 403 -2400 _.. .:....�: - -�. �.... .x •.�ql• :n.•y,:a-. ,.:...v- ^:tr.4 a- •.r.K_� ...:.:._- ...�'.!'¢r"f tl.'�o.saw..rt�.e ;:"...... Wednesday, June 09, 2004 Page 3 of 3 Agenda Item No. 9D September 14, 2094 Page,g�f 9 MEMORANDUM DATE: August 18, 2004 TO: Elections Office FROM: Sue Filson, Executive Manag j 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 commission district in which each applicant resides. CONTRACTORS' LICENSING BOARD Michael Boyd 5340 Tamarind Ridge Drive Naples, FL 34119 Thank you for your help. COMMISSION DISTRICT (J) RECEIVED AUG 19 2004 Board of County Commissioners Agenda Item No. 9D September 14, 2904 MEMORANDUM Page of DATE: August 18, 2004 TO: Thomas Bartoe, Code Enforcement FROM: Sue Filson, Executive Manage , Board of County Commissioner RE: Contractors' Licensing Board As you know, we currently have 2 vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Michael Boyd 5340 Tamarind Ri409 Drive Naples, FL 34119 Please let me know, in writing within the 41 day time - frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please categor4f*e applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank yob fpr your attention to this matter. SF Attachments • 0 u fitson_s From: advisoryboards@colliergov.net Sent: Tuesday, August 10, 2004 11:57 AM To: filson s Cc: RegulaJason Subject: New On -line Advisory Board Application Submitted. 8/10/2004 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 774 -3602 August 10, 2004 Application for Advisory Committees / Boards Name: michael Boyd Home Phone: 239 -353 -1823 Home Address: 5340 tamarind ridge dr. City: naples Zip Code: 34119 Fax Number: 239- 643 -3194 Business Phone: 239 - 643-4404 Email Address: mboyd @signsandthings.com Board / Corranittee Applied for contractors licensing board Category: (if appllcabfe) No information provided. Are you a registered voter in Collier County? Yes Do you currently hold public office? No Do you now serve, or have you served on a Collier County board or committee? Please list your community activities: naples north rotary president 1994 Education: b.s. eastern michigan university 1973 Experience / Background: sign contractor in collier county , state licensed No Agenda Item No. 9D September 14, 2004 Page�f 9 1 :s f .! Agenda Item No. 9E September 14, 2004 Page 1 of 12 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL OBJECTIVE: To appoint 1 member to serve a 3 -year term, expiring on August 31, 2007, to the Emergency Medical Services Advisory Council and confirm the appointment of the representative for the Collier County Health Department. CONSIDERATIONS: The Emergency Medical Services Advisory Council had 1 term expire on August 31, 2004, representing Commission District 4. This 14 member council advises the Board of County Commissioners on all aspects of emergency medical services, including the operational budget, level of service and equipment. Terms are 3 years. A list of the current membership is included in the backup. A letter was received from Dr. Joan M. Colfer advising that due to reorganization she is requesting that Judith Nuland replace Stephanie Vick as the representative for the Collier County Health Department on EMSAC. Additionally, Mr. John Dowd's term expired on August 31, 2004. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. John Dowd — re-appt. Commission District 4 14 Yes EMSAC Judith Nuland Collier County Health Department I N/a N/a N/a COMMITTEE RECOMMENDATION: Due to the lack of a quorum, there is no recommendation. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, confirm 1 member representing the Collier County Health Department, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 14, 2004 1-- Auenda Ilem N. uE S ?Ptembe! 11. 20-4 Paae 2 of 12 COLLIER COUNTY BOARD OF OOUNTY COMMISSIONEPS Ibm N.— BE Ibm Summary ApPOrnbrenl of nler — to Ibe Emergency M.— Se1,— A-— C-1 Mwtlng Dab 9111.'9019 00. DO A. P"Ppv By Oa:a Sue Filsa.r -.— 311 -52 AM Bw.e of ceunry Commisaiwen SCC O1M1Ce App...d By Jamca V.:AurIE ..ounry Manager Ca:x BwrC Ol COUnry OK1Ca a9 M Cormm Co 1 prayers 9i 1._ew .y. � Agenda Item No. 9E September 14, 2004 Page 3 of 12 Emergency Medical Services Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Denver Stone 09/10/03 08/31/05 2 Years 6360 Pelican Bay Blvd., PH 5C 254 -8738 Naples, FL 34108 E Mail: District. 2 Category. Commission District Dr. Fay R. B iles 1588 Heights Court Marco Island, FL 34145 E -Mail: District: I Category: Commission District Ms. Heather Rockcastle 342 Pinehurst Circle Naples, FL 34113 E -Mail: District. I Category: At -Large Mr. Robert D. Laird 1765 Courtyard Way, 205 -C Naples, FL 34112 E -Mail. District. 1 Category: At -Large Mr. John Dowd 3.999 Gardens Boulevard Naples, FL 34105 E Mail: District: 4 Category: Commission District 09117/96 394 - 3089 09/24/02 10/10/00 417 -1192 09/10/03 11/01/94 793 -0933 09/10/03 261 -4217 09/24/02 Thursday, September II, 2003 Page I of 4 08/31/99 8/31/05 08/31/03 08/31/06 09/31/97 8/31/06 08/31/04 3 Years 3 Years 3 Years 3 Years 3 Years 3 Years 2 Years Agenda Item No. 9E September 14, 2004 Page 4 of 12 Emergency Medical Services Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Michael C. Bridges 335 -1665 09 110 /03 08/31/06 3 Years 221 Silverado Drive 455 -1134 Naples, FL 34119 E Mail: District: 3 Category: Commission District Ms. Debra Wright 920 10th Street, S.E. Naples, FL 34117 E Mail: District: 5 Category: Commission District 262 -6400 09/10/03 08/31 /05 353 -1381 Ms. Gail Dolan 262 -3131 09/24/02 P.O. Box 413029 ' Naples, FL 34101 E -Mail: District: Category: Naples Community Hospital Captain Albert Beatty 3301 E. Tamiami Trail Naples, FL 34112 Entail: District: Category: Sheriffs Department Ms. Stephanie Vick 3301 E. Tamiami Trail Naples, FL 34112 E Mail: District: Category: Health Department 774.,4.434 09/10/03 7748200 02/27/01 09/24/02 „,, ` r I Thursday, September 11, 2003 Page 2 of 4 08/31/99 09/31/05 08/31/05 08/31102 08/31/05 2 Years 2 Years 3 Years 2 Years 1.5 Years 3 Years Agenda Item No. 9E September 14, 2004 Page 5 of 12 Emergency Medical Services Advisory Council Work Phone Appt'd Exp. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Term Fire Chief Jim McEvoy 434 -4610 09/24/02 08/31/05 3 Years 735 Eighth Street, South Naples, FL 34102 E -Mail. District: Category: City of Naples Dr. Joel Moll 348-4000 09/10 /03 1105 5th Avenue South Naples, FL 34102 E -Mail: District: Category: Cleveland Clinic Dr. Robert Tober 262 -3131 P.O. Box 413029 Naples, FL 34101 E Mail: District: Category: Ex- Officio Member Chief Michael Murphy 389 -5040 11105/02 1280 San Marco Road Marco island, FL 34145 E -Mail: District: 1 Category: Marco Island Police and Emergency Services Chief Rob Potteiger 4798 Davis Boulevard Naples, FL 34104 E -Mail: 213 -4900 11/05/02 District: Category: Collier County Fire Rescue/EMS Thursday, September 11, 2003 Page 3 of 4 08/31/06 08/31/05 08/31/05 3 Years 3 Years 3 Years Agenda Item No. 9E September 14, 2004 Page 6 of 12 Emergency Medical Services Advisory Council Work Phone Appt'd Exp. Date Term Name Home Phone DateRe -apps 2ndExpDate 2nd Term This 12 member committee was created by Ord. No. 80-80 to advise the Board of County Commissioners on all aspects of emergency medical services in Collier County, including the operational budget, level of service and equipment This committee also reviews complaints and problems and recommends eve action. Terms are 3 years. Ord Amended on 10 /10/00 to add a representative from Cleveland Clinic (Ord. 2000 -70) Amended by Ord. No. 2002 -39 to increase membership from 12 to 14 to include City of Naples Fire RescueJEMS and Collier County Fire Chief's Association, and to reduce ex- officio members from 3 to 1 FL STAT staff. Jeff Page, Emergency Medical Services Director. 774 -8459 Thursday, September 11, 2003 Page 4 of 4 Agenda item No. 9E September 14, 2004 Page 7 of 12 August 31, 2004 Collier County Board of Commissioners Sue Filson, Executive Manager 3301 East Tamiami Trail Naples, Florida, 34112 Ms. Filson, The Emergency Medical Services Advisory Board met today at 2:00 P.M. One of the agenda items was to vote for the applicants for District 2. John Dowd current member was the only name submitted. The Advisory Council did not have a quorum present so a vote could not be taken. If you have any question please contact me. Thank you for your assistance with this matter. Barbara Brown 07/14/2004 09:50 977544549 EMS Agenda Item NO 9F September 14, 2004 Page 8 of 12 Jeb Bush July 8, 2004 Board of Collier County Commissioners 3301 E. Tanaiami Trail Maples, FL 34112 Subject: Emergency Medical Services Advisory Council John O. Agwunobi, M.D., M.B.A. Dear Commissioners; esentative on the Emergency Medical Services Advisory The Health Department maintains a re reorganization we aTe requesting Council. Our current representative is Stephanie Vick. Due to appointment of Judith Nuland as the new Health Departroent repres entative. its the mission of this group as it advises the Commissioners about The Health Department supports ant to have varied matters related to Emergency Medical Services. We believe that it is important ion. We have perspectives when malting decisions that will affect an eatireendationsoTegatdiing issues related to appreciated the opphuiity to be advised and make r�ecozima public health concerns, his letter, please accept our submission of Judith Nula.nd for the Health ]Department gy copy of t Representative. rely, 9-" M. Golfer, M.D., Director er County Health Department :Hams 3301 Tamtami Trail E * Bldg. H Naples, Florida • 34112 -4961 Telephone (239) 7148200 Joan M. Coffer, M.D., M.P.H., DirVctar .. M 'I' Address' collier Health Department Ca+ns..C�,�r._ffef�R.- �Iedkw� to a. I►eAiwu.fAr ca�why a Post Ofte Box 429 Naples, Florida • 34106-0429 Agenda Item No. 9E September 14, 2004 Page 9 of 12 MEMORANDUM DATE: July 22, 2004 TO: Elections Office 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 commission district in which each applicant resides. EMSAC COMMISSION DISTRICT John Dowd CL�� 2999 Gardens Boulevard Naples, FL 34105 Thank you for your help. Agenda Item No. 9E September 14, 2004 MEMORANDUM Page 10 of 12 DATE: July 22, 2004 TO: Jeff Page, EMS FROM: Sue Filson, Executive Manage Board of County Commissioners RE: EMSAC As you know, we currently have one vacancy on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: John Dowd 2999 Gardens Boulevard Naples, FL 34105 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 summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments Agenda Item No. 9E September 14, 2004 Page 11 of 12 fiison�s From: AdvisoryBoards Sent: Wednesday, June 30, 2004 2:16 PM To: filson s Cc: RegulaJason Subject: New On -line Advisory Board Application Submitted. Board of County Commissioners , 3301 East Tamiami Trail It Naples, FL 34112 Tel: (239) 7743602 Fax: (239) 774 -3602 + June 30, 2004 Application for Advisory Committees / Boards Name: John Dowd Home Phone. 239 - 261-4217 Home Address: 2999 Gardens Blvd. City: Naples 23p Code: 34105 • Fax Number: No information provided. Business Phone: No information provided. EmallAddress: jdowdl @swlla.rr.com Board / Committee Applied for Emergency Medical Advisory Council (EMSAC) Category: (it aPPllcab/e) District 4 Are you a registered voter in Collier County? Yes Do you currently hold public office? No Do you now serve, or have you served on a Collier County board or Yes wee? If yes, please list the boards / convnittees: Current member of EMSAC, Past member of the Environmental Advisory Committee Please list your community activities: Kensington Gardens HOA - Treasurer, 2 terms Guardian Ad Litem Education: BS Chemistry, MBA Experience / Background: is Employed by leading chemical companies In management and marketing positions for over twenty years. Was General Manager for one of these companies. Owned a 6/30/2004 r -2 6/30 /2004 mergers and acquistion company which served the chemical industry for over 10 years. Agenda Item No. 9E September 14, 2004 Page 12 of 12 Agenda Item No. 9F September 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY Discussion regarding Florida Association of Counties (FAC) Select Medicaid Reform Workgroup OBJECTIVE: For Commissioner Coletta to apprise the Board of County Commissioners on activities related to his participation of the Florida Association of Counties (FAC) Select Medicaid Reform Workgroup and to solicit input into his continued work with the group for the September 22, 2004 meeting in Nassau County. CONSIDERATIONS: The Agency for Health Care Administration (AHCA) is responsible for the Florida Medicaid Program. ACHA is seeking input from stakeholders throughout the state to formulate a plan for reforming the state's Medicaid Program. Florida Medicaid is financed through Federal and State - funding streams with a percentage of funding provided by local government. A "waiver" is being considered for changing the manner in which Florida Medicaid is provided to its recipients. This "wavier is necessary by the Federal Agency Centers for Medicare & Medicaid Services (CMS) that is part of the U.S. Department of Health and Human Services to request changing the Florida Medicaid Program. FAC has established a Select Medicaid Reform Workgroup to gather input from local government and formalize into a recommendation to the AHCA in their pursuit of a "waiver. The following is a draft of preliminary statements that the Select Medicaid Reform Workgroup have adopted: Medicaid Reform: The Medicaid program is recognized nationally as a partnership between the federal and state governments to provide medical assistance to certain individuals and families with low incomes and resources. Unlike many states, Florida has required counties to contribute financially to the Medicaid program, subsidizing the state's share. This current policy leaves counties vulnerable each year to potential cost shifts when there is a state budget deficit or shortfall. As the state seeks a federal waiver to help provide predictability in the cost of the state's share for Medicaid, counties: SUPPORT legislation that allows the state to finance the Medicaid program without shifting additional costs to county government; SUPPORT legislation that provides flexibility at the local level for counties to actively participate in the state's efforts to reduce unnecessary nursing home placement by allowing counties to re- direct their Medicaid match to fund local health care services or community-based care programs; SUPPORT legislative efforts to use intergovernmental transfers (IGT's) to help draw down additional federal funding without supplanting the state's share with these local Agenda Item No. 9F September 14, 2004 Page 2 of 3 funds that have been certified to be federally matched, in addition to the state's contribution; and SUPPORT legislation that provides the financial infrastructure for the state to sustain Medicaid non - emergency patient transportation services by using a methodology rate process that does not shift financial responsibility of these services to the local level. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: Recommend that the Board of County Commissioners endorse the preliminary findings of the Select Medicaid Reform Workgroup and continue to support Mr. Coletta's participation. Agenda Item No. �F SeptemL- 14 20'4 Page 3 d 3 COLLIER COUNTY SCAP.COFCOU.'4TYCC'.i!.ItSStONERS 9F Fl— Ass --b- f C—b.s ;FAC, Select ..d—d RO-1 W.U.q D- 9114r2ON 9 W 00 AM Pnp.md By .." 11, tams 1-- —,-, .--, ill — . PIOIiC Services Approved By .., I --, d —,; I—— Data county —.9", 0-1 0— aai 0041:1. P., Approved By App--d By James V. —d Cwmy b5awyer D- 2003 -2004 EDC Board OF Directors ;wn Starkey Executive Vice President, Gulfcoosi Region Wochovio Bank ymnediote Past Chairman Fred Pezeshkon President & CEO Kraft Construction Company, Inc. Choirrim Eled Tom Conrecode Vice President, Governmental Affairs Collier Enterprises Executive Director Tommie J. Nemecek Economic Development Council of Collier County vice Presidents Brad Boaz Chief Financial Officer Barron Collier Companies Stephen L. Price President & CEO Florida Community Bank James Warnken Chief Finonciol Officer & Executive Vice President NCH Healthcare System, Inc. Directors Ron Albeit General Manager Registry Resort & Club dy W. Brunker Public Affairs Sprint Laura Dixon Chief Executive Officer Haynes Corporation Todd Gates President Gates McVey Builders, Inc. Carol Girardin Partner Girardin, Briont & Baldwin, LLC David Hart Vice President, Governmental Relations WCI Communities Nicholas J. Healy, Jr. President Ave Maria University Scott Lowe Controller Cleveland Clinic Florida Hospital Naples Tim Parry Sr. Vice President & General Counsel Health Management Associates, Inc. Dr. Richard Pegnetter Dean, College of Business Florida Gulf Coast University Julie Schmelzle +" nior Vice President and for Client Manager nk of America David Webb President & CEO, Naples /Ft. Myers First National Bank of Florida Agenda Item No. 9G p,UG 2 3 2v"� ECONOMIC DEVELOPMENT COUNCIL Toners OFCOWERCOUI-M t COOlgiss NAPLES, FLORIDA boat d °f CoU� y IMEVERGLADES LEE MARCCOOIISLAND 3050 North Horseshoe Drive, Suite 120 Naples, Florida 34104, LISA Phone: (239) 263 -89B9 Fax: (239) 263 -6021 Toll Free: 1- 866- eNoples e -mail: edc@eNaplesHorida.com www.eNaplesFlorida -com Jim Coletta Collier County Commissioner 3301 Tamiami Trail East Naples, FL 34112 Dear Commissioner Coletta: We are pleased to provide you with the invitation packet for the Trade Mission to Poland that the Economic Development Council of Collier County is hosting during the dates of October l" — October I Oth, 2004. Enclosed with the packet are the following items: • General Participation Information • Tentative Agenda • Interest Questionnaire Form • Conditions of Participation • Airline/Hotel Reservation Form • Credit Card Authorization Form If you are interested in reserving space on the mission, please follow the enclosed instructions and send all completed forms by September 3, 2004, to the EDC at 3050 North Horseshoe Drive, Suite 120, Naples, Florida 34104. Space is limited, and is on a first -come and first- served basis. No reservations will be made until your full payment and forms are received. Final approval to join the mission will be made by the Economic Development Council of Collier County in accordance with the criteria set forth in the Conditions of Participation. Feel free to contact the Economic Development Council of Collier County at (239) 263 -8989, ext. 101 with any questions you may have. Thank you for your interest in the trade mission. Sincerely, ��C_L.h Tammie Nemecek Executive Director Economic Development Council of Collier County Enclosures Agenda Item No. 9G September 14, 2004 Page 2 of 16 ONONIG DEVELOPMEfff COUNOL OF COLDER COUNTY NAPLES, FLORIDA EVERGLADES CRY • GOLDEN GATE IMMOKALEE - MARCO ISL:WYD GENERAL PARTICIPATION INFORMATION TRADE MISSION TO POLAND Warsaw, Gdansk, Rzeszow, and Krakow October V- October 10, 2004 PARTICIPATION FEES The participation fees are broken out per person for each location. Warsaw, Poland $1,000.00 Gdansk, Poland $450.00 Rzeszow, Poland $300.00 Krakow, Poland $1,200.00 These fees include: • Hotel Rooms • Local Transfers • Conference room facilities • Meals during group functions • Touring Buses • Receptions/Cocktail Hours Roundtrip flight fee: $950.00 SPACE RESREVATION PROCEDURE Interested parties should mail the following completed forms to: Alanna Gluhm, Events & Communications Manager Economic Development Council of Collier County 3050 North Horseshoe Drive, Suite 120 Naples, Florida 34104 • Interest Form • Signed Conditions of Participation • Airline/Hotel Reservation Form • Credit Card Authorization Form i, Agenda Item No. 9G 21004 of 16 ECONOMIC DEVELOPMENT COUNCIL OF COWER COUNTY NAPLES. FLORIDA &ERGLADES CITY • GOLDEN GATE VAMOKALH • MARCO MAND ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY TRADE MISSION TO POLAND OCTOBER 1 -10, 2004 TRADE MISSION AGENDA Su o c awe 10/01 - Friday Depart United States for Warsaw, Poland. Travel With its new accession to the European Union, the Polish economic situation and the ability of Poland to import U.S. products is outstanding. "Opportunities for trade and investment continue to exist across virtually all sectors in Poland...The American Chamber of Commerce in Poland, founded in 1991 with seven members, now has more than three hundred. Constant economic growth, the size of the Polish market, and a high level of political stability are the top reasons U.S. and other foreign companies do business in Poland. Most believe that Poland is the best market in Central and Eastem Europe for their products and investments ... Economic growth averaged over 5% per year from 1996- 2000.° (U.S. Department of Commerce Country Commercial Guide - Poland) 10/02 - Saturday Arrive in Warsaw; take taxis to Hotel Victoria. Warsaw Dinner at Bazyliszek Restaurant (Old Town). 10103 - Sunday Briefing; guided tour of Warsaw Warsaw Warsaw is located in the very heart of the country and close to the geometrical center of Europe. There are few places with equally interesting history and relicts of the past, places where the past intertwines with the present giving the city a unique, cosmopolitan character. Warsaw, Poland's capital for the past four centuries, is the largest city of the country. This lively metropolis is the seat of the central government and the most important administrative, business and cultural center of Poland. Dinner at hotel Informal meetings with selected Polish business leaders. 10/04 - Monday Briefing by the U.S. Commercial Service (9:00 A.M.) Warsaw The U.S. Department of Commerce's Commercial Services office in Warsaw (CS Warsaw) offers a variety of products and services to facilitate international commerce with Poland. CS Warsaw is also positioned to consider any legitimate request by a U.S. company for export assistance, negotiated on a fee or non -fee basis. Collier County Trade Mission to Poland - Agenda Page 1 Agenda Item No. 9G September 14, 2004 Page 4 of 16 EDC Presentation: Polish National Chamber of Commerce Representatives from the Economic Development Council of Collier County will give a presentation on the development of ties between the business and educational communities of Southwest Florida and Poland, including the recently signed Memorandum of Cooperation. Concurrent break -out sessions There will be opportunities for group discussions focusing on the areas of Business, Education and Tourism with members of ARP (Poland's Industry Development Agency), the Polish National Chamber of Commerce and the National Chamber of Tourism. Lunch with Chamber of Commerce business leaders. Concurrent group field trips 1) Aviation Group: Institute of Aviation in Warsaw From its founding in 1926, the Institute of Aviation has been the main design, research and development center for Polish governmental organizations and the Polish aviation industry, performing many design and research projects and scientific works. Activity of the Institute of Aviation is strictly focused on international cooperation, integrating with European and worldwide R&D domain, in the area of aerospace and similar spheres of high -tech human endeavors. 2) Education Group: Warsaw University The University brings together scholars from a variety of disciplines; it is the place of a diversity of scientific research. At the same time the University propagates throughout society this multifaceted knowledge and these sophisticated skills. New communication technology allows this propagation to take place regionally, nationally and worldwide. Recently, Warsaw University has been granted Federal Student Aid Program Provisional Approval of the U.S. Department of Education. Warsaw Polytechnical University 3) Information Technology Group: ComputerLand ComputerLand provides advanced IT services to corporate and institutional clients. The company is active in six economy sectors: banking and finance, health care, industry, public, telecoms and utilities. ComputerLand has been operating in the Polish market for 13 years. Presently, the company employs almost 1,200 people in 8 regional centers located in Poland's largest cities. They have formed strategic partnerships with intemational companies such as Lockheed Martin, Hewlett- Packard and Cisco Systems. ComputerLand was ranked among the 100 best IT employers in the world by Computerworld magazine. Collier County Trade Mission to Poland - Agenda Page 2 Agenda Item No. 9G September 14, 2004 Page 5 of 16 EDC cocktail reception with business and government leaders at Hotel Victoria. 10/05 — Tuesday Depart for Gdansk (8:15 a.m. flight). Gdansk Lunch with Gdansk business leaders The Baltic port city of Gdansk is the capital of the Pomeranian Province, and the Polish maritime capital, with the population nearing half a million. The city's industrial map includes some of the traditional branches, e.g. the shipping, petrochemical, chemical, and food industries. However, the share of know -how based lines such as electronics, telecommunications, IT technology, cosmetics and pharmaceuticals is on the rise. The speck trade of amber processing is also far from minor in importance. It is a customs -free, foreign trade zone (FTZ), and has a large bonded warehouse facility. EDC Presentation to Gdansk business leaders Representatives from the Economic Development Council of Collier County will give a presentation on the development of ties between the business and educational communities of Southwest Florida and Poland, including the recently signed Memorandum of Cooperation. Concurrent break -out sessions There will be opportunities for group discussions focusing on the areas of Business, Education and Tourism with leaders of the Gdansk community, including the State Tourist Bureau (Orbis). Dinner with Gdansk business leaders. Invited guests include the Marshall of Pomerania, and the President of Gdansk City. 10/06 -- Wednesday Gdansk, Concurrent group field trips Rzeszow University of Gdansk The University of Gdansk was established in 1970 with the merger of two academic institutions, the Higher School of Maritime Trade in Sopot, and the Gdansk College of Education. The Sopot school - in existence since 1945 - contributed two faculties to the university: the Faculty of the Economics of Production and the Faculty of the Economics of Transportation. The Gdansk College of Education, established in 1946, evolved into three faculties: Faculty of Biology and Geography; Faculty of Mathematics, Physics and Chemistry, and the Faculty of the Humanities. The five faculties inherited from the merged schools were supplemented by a newly created sixth one: the Faculty of Law and Administration. The University has evolved over the past three decades, and new educational opportunities emerged. In addition to five -year M.A. programs, three -year Collier county Trade Mission to Poland - Agenda Page 3 Agenda Item No. 9G September 14, 2004 Page 6 of 16 vocational programs were offered to the students, leading to the Degree of Licentiate (roughly equivalent to B.A.). Finally, two new colleges were created: the College of Economics and the Foreign Language Teacher Training College. Doctoral programs were also established. Technical University of Gdansk With origins dating back to 1904, the Technical University of Gda6sk is the oldest university of northern Poland. The University maintains scientific cooperation with 70 foreign academic centers, it participates in numerous international educational programs and scientific research all over the world (e.g. Tempus, Copernicus, Phare ACE, Tessa and others), and receives young scientists from different countries for scientific training. The University is also an organizer of international congresses and scientific conferences. The Technical University of Gdansk possesses well equipped research laboratories, e.g. Inter - university Laboratory of Magnetic Nuclear Resonance, Informatics Centre of Tri-City Academic Computer Networ� - Cl TASK, Informatics Centre and others. Private Business meeting to be setup based on participants. Depart for Rzesz6w (2:20 p.m. flight). Rzesz6w is an economic, scientific and cultural center of southeastern Poland, the capital of the Podkarpaclkie Province, and the seat of the Authorities of the Catholic Diocese. With an area of 54 Sq. Km. and population of about 163,000 it is one of the largest cities in this region. The economic picture of the city was formed to a large extent by the strong aviation tradition and a program of constructing COP (the Central Industrial District), which gave rise to the present WSK -PZL (the Production Plant of Communication Equipment - the State Aviation Works), famous for its production of aircraft engines and a city leader with respect to employment. The city is also an important academic center. More than 40,000 students are being educated at the local colleges. The Rzesz6w Polytechnic is the only school in the country which has a faculty for training civil pilots. Dinner at Baranow Castle, sponsored by ARP (Poland's Industry Development Agency). 10107 — Thursday Tour of Special Economic Zone in Mielec (owned by ARP). Mielec, Krak6w Tour of Skytruck production line at PZL - Mielec factory. Polskie Zaklady Lotnicze (Polish Aviation Factory) is presently the largest aircraft manufacturer in Poland. For over 60 years the aviation industry has been active in the southeastern town of Mielec, and the factory continues as producer of worldwide - popular agricultural & fire- fighting planes, passenger /cargo commuters and trainer aircraft. The company manufactures aircraft products of its own design and participates in foreign cooperation projects, with such aviation- business giants as BOEING, BAE Systems and SAAB for its partners. Page 4 Collier County Trade Mission to Poland - Agenda Agenda Item No. 9G September 14, 2004 Page 7 of 16 Depart for Krakow. Afternoon in Krakow. Krakow is the fourth most important industrial city in Poland. The main industries in Krakow are metallurgy, tobacco and pharmaceutics. Mass tourism now dominates much of the city's economy and tourist - related service industries employ many of its workers. Thousands of local people are employed either directly or indirectly in tourism, and many employed in this sector earn a lot more than the average Polish monthly wage. Other up- and - coming sectors include the financial and high -tech industries, helped no doubt by the city's impressive brain trust — there are 15 universities and colleges there, with over 100,000 students. Dinner with selected business leaders in Krakow. 10/08 — Friday EDC Presentation to Krakow business leaders Krakow Representatives from the Economic Development Council of Collier County will give a presentation on the development of ties between the business and educational communities of Southwest Florida and Poland, including the recently signed Memorandum of Cooperation. Concurrent break -out sessions There will be opportunities for group discussions focusing on the areas of Business, Education and Tourism with leaders of the Krak6w community, including the State Tourist Bureau (Orbis). Lunch Visit to Jagiellonian University and the Pontifical Academy of Theology The Jagiellonian University is the oldest university in Poland, and one of the oldest in Europe. One of Poland's leading research institutions, it has been recently rated number one among 75 academic schools in Poland. The Jagiellonian University is recognized worldwide, attracting large numbers of international students, many sponsored by their government or organizations in their own country. It is a member of the Utrecht Network, the Coimbra Group and the SYLFF Institutions' Network. The affiliated Pontifical Academy of Theology has taken over the traditions of the Jagiellonian University's Faculty of Theology, with faculties in theology, philosophy and Church history. Dinner in Old Town. 10/09 — Saturday Depart for Nowy Targ Airport Nowy Targ, Nowy Targ (New Market Town) is the historic, administrative and Zakopane economic center of Podhale region of south - central Poland. The town was founded by Polish King Casimir the Great in 1346. Nowy Targ has a population of approximately 33,000 citizens. The town is situated at the Collier County Trade Mission to Poland - Agenda Page 5 Agenda Item No. 9G September 14, 2004 Page 8 of 16 confluence of the rivers Bia3y and Czamy Dunajec (White and Black Dunajec), beneath the Gorce Mountains. The local airport is home to the Tatra Aeroclub - the sailplane (glider) club and training center. Visit to Czorsztyn Castle Lunch in Zakopane with the Gbrale Zakopane, situated at the foot of the Tatra Mountains, is one of the best - known tourist towns in Poland. Relatively new, the town was established only four centuries ago. The term "gorale" literally means "the highlanders" — referring to the inhabitants of the Tatra Mountains in southern Poland. Return to Krakdw; open evening. 10110 — Sunday Return to United States Travel Page 6 Collier County Trade Mission to Poland - Agenda �' Agenda Item No. 9G September 14, 2004 Page 9 of 16 4 ECONOMIC DEVELOPMENT COUtIrIL OF COLLIER COUNTY NAPLES, FLORIDA EVERGLADES CITY • GOLDEN GATE IkWOKALE£ • MARCC MA` D CONDITIONS OF PARTICIPATION TRADE MISSION TO POLAND Warsaw, Gdansk, Rzeszow, and Krakow October 1 '*- October 10"', 2004 A. The Economic Development Council of Collier County agrees to the following: 1. To provide a Mission Director. 2. To provide, as appropriate, advance publicity on the mission and advance market promotion for participants. 3. To establish business, education, aviation and tourism discussion for participants. 4. To arrange for briefings on local business conditions by the United States Department of Commerce in Warsaw, Poland. 5. To arrange for air transportation, hotel accommodations, etc. for the participants, as outlined. 6. The Economic Development Council of Collier County will make every effort to provide a successful trade mission for all participants. However, the Economic Development Council of Collier County does not warrant or guarantee in any way the success of any participant in the mission. 7. The Economic Development Council of Collier County reserves the right to select the participants for the trade mission to Poland. B. The Participants agree to the following: 1. To provide at his/her own expense a qualified representative to accompany the mission, who will attend briefings, receptions and all breakout sessions. If, for cogent reasons, the representative desires to make his/her own appointments, or is unable to attend the meetings, etc., he /she should inform the Mission Director in advance. 2. To complete all forms in accordance with the enclosed instructions. 3. To pay all costs of participation beyond those specifically outlined. 4. To complete all forms upon completion of the mission on the results achieved from the mission. C. Other Conditions 1. All airline tickets and hotel accommodations will be paid by each individual participant. In addition, all reservations will be made on a "single occupancy' Agenda Item No. 9G September 14, 2004 Page 10 of 10 basis unless the participant specifically requests double occupancy. Some administrative support services, airport taxis, meals, taxi fares and other personal expenses will be the responsibility of each individual participant. 2. A complete and signed credit card authorization form or check made payable to the Economic Development Council of Collier County must be mailed to the Economic Development Council of Collier County, 3050 North Horseshoe Drive, Suite 120, Naples, Florida 34104. No company will be considered without full payment. 3. Only written notice of cancellation will be accepted. Cancellations will incur a penalty charge depending on the date of cancellation. No refunds will be made on cancellations received after September 13`h, 2004. 4. The Economic Development Council of Collier County assumes no liability for damages or losses resulting from or relating to failure to comply with the provisions of these Conditions of Participation or for any factor beyond our control, such as flight delay or cancellation. 5. I agree to waive and release all claims against the Economic Development Council of Collier County and its agents, representatives, and employees, for any injury, loss, damage, accident, delay, or expense resulting from the use of any vehicle, strikes, war, terrorist acts, weather, sickness, quarantine, government restrictions or regulations, or arising from any act or omission of any transportation carrier, hotel, restaurant, or any other firm, agency, company, or individual. I also release the Economic Development Council of Collier County and it agents, representatives, and employees, and agree to indemnify them with regard to any financial obligations or liabilities that I may personally incur or any damage or injury to others I may cause while participating in this trade mission. 6. I acknowledge that the Economic Development Council of Collier County will not provide on my behalf any all risk insurance, such as casualty, accident, and liability insurance, to cover liability for death, personal injury, illness, property loss or property damage resulting from my participation in this trade mission. Participant Company Name: Representative's Name: Signature: (Please Print) (Please Print) Date: Economic Development Council of Collier County Signed by: Tammie Nemecek Trade Mission Director Date: INTEREST FORM TRADE MISSION TO POLAND Warsaw, Gdansk, Rzeszow, and Krakow October 15`- October 10th, 2004 PLEASE TYPE OR PRINT CLEARLY 1) Company Name: Address: City: Agenda Item No. 9G September 14, 2004 Page 11 of 16 MWMVW ECONOMIC DEVELOPMENT COUNCI; OF COUJER COUNTY Nr1PLES, FLORIDA E`IERC-LiD ES CITY • &OLDEN GATE WILMOKALEE - MARCO IS:AND State: Zip Code: Telephone: ( ) Fax: ( Z Number of Years E -Mail: in Business: Website: 2) Our company will be represented by the following person(s): Name(s): Title: 3) Type of Company: ❑ Manufacturing ❑ Aviation Technology ❑ Biomedical Technology ❑ Information Technology ❑ Wholesale Distribution ❑ Other (specify: 4) Category of the Company (check all that apply): Annual Sales: Size of Company Market Status ❑ < $1 million ❑ < 100 employees ❑ New to International Commerce ❑ $1 - $50 million ❑ 100 — 1,000 employees ❑ New to Commerce with Poland ❑ > $50 million ❑ > 1,000 employees Agenda Item No. 9G September 14, 2004 Page 12 of 16 PAGE 2 — INTEREST FORM (continued) INTERNATIONAL COMMERCE OPPORTUNITIES 1) What are your primary interests for this Trade Mission? (check all that apply): ❑ Finding a sales representative or distributor ❑ Immediate sales/purchases ❑ Exposure to new business contacts ❑ Product testing/Market research ❑ Other (specify: 2) What products /services for international commerce do you wish to promote? (Please list in order of importance and asterisk ( *) those products your company manufactures in whole or in part.) Attach additional sheets of paper if necessary. 3) Do you presently have any representative(s) in Poland? ❑ YES ❑ NO If YES, list their names, addresses and telephone numbers: Agenda Item No. 9G September 14, 2004 Page 13 of 16 AIRLINE RESERVATION FORM Airline fares and hotel accommodations will be negotiated at favorable group rates, but costs will be borne by the individual mission participants. Other costs, such as meals, refreshments, local taxis, departure taxes and gratuities will be at the individual participants' expense. Airline tickets, final itinerary, list of participants, etc. will be mailed to participants. DOCUMENTS REQUIRED To enter Poland, participants will be required to have a valid U.S. passport. No visa is required for U.S. citizens. For those traveling on a non -U.S. passport, please advise us, as a visa will be required. PAYMENTS Only companies who have submitted full payment of participation fees and have mailed in all required forms will be considered for participation. Agenda Item No. 9G September 14, 2004 Page 14 of 10 ECONOMIC 1tD)W tOPMEW COUNCIL OF COLLIE9COUNTY NAPLES, KOR1OA EVERGLADES CIF'! • GOLDEN GATE LMMOKALEE • MA&CO MANO AIRLINEIHOTEL RESERVATION FORM TRADE MISSION TO POLAND Warsaw, Gdansk, Rzeszow, and Krakow October 0- October 10, 2004 Please complete one of these forms for each person who will participate in our Trade Mission to Poland. Please type or print clearly: Company: Address: City: Telephone: E -mail: Name of Representative: Title of Representative: Passport Number: State: Fax: Issuing County: Zip Code: I hereby authorize first -night hotel room fees and airline reservation arrangements to be charged to my credit card (shown below). Type of credit card: ( ) American Express () Visa Credit Card #: Expiration Date: Name on credit card: Billing Address: Authorized Signature: ** *Cancellation fees may be incurred for changes * * * Hotel Room Preference Single Smoking Double Non - smoking Airline Seating Preference Aisle Window Agenda Item No. 9G September 14, 2004 Page 15 of 16 ECONOWC DEVELOPMENT COUNCIL OF COLEIE9 COtAM NAPLES, FLORIDA EVERr.,IADES CITY • GULDEN GATE W.MOKALEE. MARCO MANZ CREDIT CARD AUTHORIZATION FORM TRADE MISSION TO POLAND Warsaw, Gdansk, Rzeszow, and Krakow October V- October 10`h, 2004 I hereby authorize the Economic Development Council of Collier County to charge my credit card for the fees that will be incurred for the Trade Mission to Poland. Type of credit card: ( ) American Express ( ) Visa Credit Card #: Name on credit card: Billing Address: Authorized Signature: Expiration Date: Agenda Item No 9G September 16. 20W Pao. 16 01 16 COLLIER COUNTY BOARD OF COUNTY COtd MISSIONERS Nem Numbr 9G Clem Bummary pslvvav raga —g d pOS—ky 01....9 a C.I.S.— to acm .— Vz Em—A 0- 1mme11 Coun -EDCI b Pp— as a County ambassador in —p of g , stet Trade Pon as part 01 Ibe ECma .+»••.. 5kn— Progra—, . NHtirq 0— 9-12.N 9 00.00 All heper<A By Daa Na ry -- Eaecuvve Aide :o nre BCC 9MZx00A 1:x2:59 PM aoam of coemy commisaienera acc DIH�e App- -d By Sue Filson caecuvvW. 9e .o ,Ire Bc_ Date ear o BCC JHiu a.25,_004 9: 29 AM App—d By James Y. Mudd Coumy iAanagzz pats aoa.a a coenry ce�.�,us�Aaan coemv M,na9«a 01rH< arxsrzopa 9:a1 AM Agenda stern No. 9H September 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY BOARD CONSIDERATION AND DIRECTION RELATING TO POST DISASTER REPLACEMENT AND REPAIR OF DUNE WALKOVERS DURING SEA TURTLE NESTING SEASON. OBJECTIVE: For Board consideration and direction relating to post disaster replacement and repair of dune walkovers during sea turtle nesting season. CONSIDERATIONS: As a result of Hurricane Charley which passed near Collier County on August 13, 2004, several public and private dune walkovers were severely damaged or destroyed. Division 3.17 of the Land Development Code (LDC) governs post disaster reconstruction. Specifically, structures damaged up to and including 50 percent of their replacement value at the time of the disaster can be rebuilt to their original condition with repair work subject to current building and life safety codes. See Subsection 3.17.8.2.a.1) of the LDC. For structures damaged by more than 50 percent of their replacement value, the structures can be rebuilt subject to several criteria including consistency with zoning and other land development regulations. See Subsection 3.17.8.2.a.2) of the LDC. There are exceptions to this requirement, however; dune walkover reconstruction in sea turtle nesting season is not included. Division 3.10 of the LDC protects sea turtles. Specifically, Section 3.10.7.2. of the LDC specifically prohibits construction or repair of any structure, including dune walkovers, during sea turtle nesting season. This season runs from May 1 through October 31 of each year. Hurricane season runs from June 1 through November 30 of each year. In the event of a tropical storm or hurricane, dune walkovers damaged or destroyed cannot presently be repaired or reconstructed until October 31 — the end �. of sea turtle nesting season. The absence of walkovers could lead to damage to dune areas and turtle nesting areas as persons wishing to utilize the beach could be walking on the dunes and sand in the nesting areas without benefit of the walkovers, and public and private access and recreational opportunities are important for residents and visitors alike. Solution/Recommendation: The County Attorney Office together with the staffs of the County Parks and Recreation Department and the Community Development and Environmental Services Division recommend that the Board give direction to amend the LDC, or its successor, to do the following: Section 3.10.7. of the LDC should be amended to permit an exception for repairs to and reconstruction of public and private dune walkovers damaged or destroyed as a result of a tropical storm or hurricane. Once the Board gives this direction, as stated above, repair and reconstruction of public and private dune walkovers may be permitted and commence on any Collier County beaches (even) during sea turtle nesting season based, in essence, upon the application of the "zoning in progress" rule set forth in Smith v. City of Clearwater, 383 So.2d 681 (Fla. 1980). FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board consider and provide direction to staff to draft, advertise and bring forward to public hearing amendment(s) to the LDC or its successor to provide for and to permit an Agenda Item No. 9H September 14, 2004 Page 2 of 3 W exception for repairs to and reconstruction of public and private dune walkovers damaged or destroyed as a result of a tropical storm or hurricane. Agenda Item No, 9H September 14. 2001 Page 3 of 3 COLLIER COUNTS BOARD OF COUNTY COMMISSIONERS IOem Number 9H Ihm summary 8p Nnsidarat-and tire— relating 10 IMSI disaster replaeeo— andrepay of door walkovers dwn9 sea—ie nesting 4eMOn 1Don+nuSVOner Haasj Meatinq Data 911112060 9.00'.00 AM Prepared By Date Tr:al+a MCPUersan Eaecoave A:da'o+l+e BCC a:i:!OOa 3:55 -.JS PM BO]rd of Co�my BCC Omce Approved By Sue F;NO. Executive Manager:o :n¢BCC Da,e Board of Cowry sCC OKCe if]13001 J:01 PM Approved By James v. Mudd v wager Dace dwrtl of County Coum %Manager's OHCe 3fS13o01 J: ?0 ON 1*a-A -rkM d' 2 -T Sepienl er 2 , fn-qe 1$ 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: Tom Henning FUNCTION/EVENT: EDC Excellence in Industry Awards, Cocktail Reception PUBLIC PURPOSE: To honor the winners of the EDC Excellence in Industry Award, the Outstanding Volunteer of the Year award winner and to promote relations with the EDC Board members. DATE OF FUNCTION/EVENT: September 23, 2004 FISCAL IMPACT: $100.00 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 Tom Henning to attend function serving a valid public purpose. PREPARED BY: Sam Tucker, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: 09/21/04 ,PjeA6 -1 bn /vo , 91 Sep, 2! z� i I i � _ �' -- - - - _ �. _ - -- - - �� , �, ,� , .,. - _ a ,, ,:. �e .. - - . __ _ _ _- ,. _ .:: ,_. �.° ' ,.� _. �'� � ._ ..�., �: _ _ _, J - _. _� - .._ � � �W i �„ _� .. � _ � ;. I _ .. _� "� - �, ,. ._ ;. ,- �.� r 1 , �. � __ w� .._., I. _.. �,� Agenda Item No. 10A September 14, 2004 Page 1 of 52 EXECUTIVE SUMMARY A request for policy guidance from the Board of County Commissioners regarding the procedure for a forthcoming amendment to the Cocohatchee Bay Planned Unit Development (PUD). The amendment is for the purpose of making changes to the Bald Eagle Habitat Management Plan. OBJECTIVE: A request to obtain policy guidance from the Board of County Commissioners to County Staff regarding procedures for a forthcoming amendment to the Cocohatchee Bay PUD. The amendment is for the purpose of making changes to the Bald Eagle Habitat Management Plan. CONSIDERATIONS: On December 12, 2000, the Board of County Commissioners approved the Cocohatchee Bay PUD, Ordinance No. 2000 -88. At the time of approval, and continuing through the time of this writing, an actively used nest of a pair of bald eagles exists on the site. The bald eagle is listed as "threatened" by the United States Fish and Wildlife Service. A Primary Protection Zone extends out a radius of 750 feet from the nest tree and a Secondary Protection Zone extends out a radius of 1,500 feet from the nest tree. The approved PUD document is unusual in that it contains two master plans. Exhibit A indicates the proposed development plan including golf course and residential areas. Exhibit B indicates golf course only, entirely outside of the Bald Eagle Primary Protection Zone, and no residential areas. Exhibit A is applicable only when the bald eagle nest tree is deemed no longer active. The developer believes that State and Federal permits are forthcoming which would allow development in the Primary Protection Zone during the non - nesting season. A letter dated July 14, 2004, from James J. Slack, the Field Supervisor for South Florida Ecological Services Office, to Laura Roys of Collier County Environmental Services, which further indicates the forth- coming change, has been included in this executive summary packet. Therefore, the developer is required to amend the Bald Eagle Habitat Management Plan, which is an integral part of the Exhibit B of the PUD, to allow development in the Primary Protection Zone during the non - nesting season, if such permits are obtained. Section 2.7.3.5.3 of the Land Development Code (LDC) states that an amendment to a PUD shall require the applicant "to submit and process a new application complete with pertinent supporting data." As a part of a series of LDC amendment workshops conducted between October 2002 and May 2003, the Board directed staff to no longer amend a PUD using a process where the PUD was amended by excerpting the portion of the PUD being amended by utilizing the underline and strikethrough process to reference additions and deletions. Such practice prohibited the staff from updating and amending outdated areas in the subject PUD being amended. As directed by the Board as a matter of policy, the current procedure for amending a PUD is to repeal the ExecSum/ Cocohatchee Bay request for direction Agenda Item No. 10A September 14, 2004 Page 2 of 52 existing PUD and adopt a new PUD, in effect rezoning the property from PUD to PUD. With input from the Office of the County Attorney, staff has reassessed the earlier practice of simply addressing the sections and language in a PUD using the PUD -A or PUD amendment process and now staff recommends that the County revert back to the simpler process of amending a PUD, but in doing so staff will revise the PUD amendment process and incorporate a procedure whereby the original date of the ordinance is retained but the entire PUD is presented to the Board highlighting the amended areas using the strikethrough and underline procedure to signify the changes and noting the date of the respective changes in corresponding footnotes. The request by Signature Properties regarding the proposed amendment to the Cocohatchee Bay PUD again highlighted the need to revert back to a PUD amendment process that addresses the portions of the PUD needing amending without initiating a process that repeals the existing ordinance and adopts a newly created PUD document. In this case, the developer asserts that this procedure would put at risk certain development standards adopted in the current PUD, such as density and building height. The developer maintains that, after right -of -way dedications to the County, the PUD is vested and therefore should not be subject to changes beyond those to the Bald Eagle Habitat Management Plan and PUD Master Plan in Exhibit B of the PUD. Staff, therefore, requests direction from the Board of County Commissioners as to the procedure used to review the forthcoming amendment to the Cocohatchee Bay PUD. Should the submittal of an amendment to the Cocohatchee Bay PUD cause the PUD to: 1. be reviewed in its entirety, in effect "opening up" the PUD to diverse legal changes? 2. have a review limited to the Bald Eagle Habitat Management Plan and PUD Master Plan only? As noted, County planning staff and the County Attorney's Office have identified practical, regulatory, and legal issues with the current procedure of amending existing PUDs, and based upon these findings staff is requesting the Board to allow for the reinstatement of the policy allowing for limited review for the PUD amendment process. In this case, regardless of the procedural direction given by the Board of County Commissioners, staff will process and review the petition and it will be reviewed by the Environmental Advisory Council and will be scheduled for advertised public hearings by the Planning Commission and the Board of County Commissioners. FISCAL IMPACT: This request for direction will have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: Regardless of the process, all PUD Amendments are reviewed for consistency with the Growth Management Plan. STAFF RECOMMENDATION: ExecSum/ Cocohatchee Bay request for direction 2 Agenda Item No. 10A September 14, 2004 Page 3 of 52 That the Board of County Commissioners provide policy direction to the staff to re- implement the PUD Amendment (PUDA) process, and in this case, direct staff to limit the amendment to the Cocohatchee Bay PUD for the purpose making changes to the Bald Eagle Habitat Management Plan and PUD Master Plan of Exhibit B of the PUD only. ExecSum/ Cocohatchee Bay request for direction Agenda Item fdo. 1 O September 14 . 2COA P.Q. d of 52 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Ibm Number 10A Ibm Srmmary A request tar dimc4on Imm the a— of County CWnxsswners rt9—ng Proced,ves for a NO —,g amendmenl le On rwC alchee Bay PUD. Thx anlendminl is lo' thx purpose of —" tll ges to the Bald Eagle Management %an (Jp. S�llh Admnisaalor. OP-- Development and Enaimmlental Se.v -oezj M.ti Bab 9�14,WD 9 W W AM ?,,p —d By Fred Re—s .AIP Da.e 21 .11 Pb. ePmme:.iy DevaoPmen. Em a Zoning S Land oev.lo mans Review Approved By Ray 9egows Ciriei %annar Data Commued:y JevaloP at 5or.n Approved By "I' i, Land DaveW en: Review Bi26i_00.1 a. .. Pit. es c — Miae 3esi. >ICP Principal Planner Dare eommeni,r ae..wpmen; b Envirenmemal Services ZPniny 3LanA DevelWmen; Review 81 ?3']OOJ 8:05 A1d Approved By Sandra Lea Ezecu :lve Secretary Data --ty Dav -p—, mat Services t 3 Communiy pevelonment 3 e] �']OOl I T- 0 . 0AM n,al Services >dmin. Approved By <ans :awe a. JOM1n :nn operaliWaanap :l Dale Comm av i p F —,M' noel Services -I3 community Develotnnan. a 9 AN Environmental Services florin. 9. ? % : ?Oea 11: , Approved By JosepM1 f. $[Fnll:l En .rWmmop services Ad�mnx.m.c. Dale Commu :ty Dev Dun en;6 �ommunity Deve en. IA Env al Sere s MIn Si3 :'200a 11..0 a Apprdeed By a. �xhrhard >Amm:s.raxiva ..:zis.rn Da-z r n:Y.Y.anayerz Approved By Office � :3 9uAya, ...x4. .zac4son 's 3udge: Analyst o!fic oMCe �a......n: b 3udge; ?) 2004 ]:03 PM Approved By ..ichael' y wsp� of ..(a y e�nb BUEyat Di.ec:or Date Approved By .amen �...„nn cow, -y :aa� 3 Da.e .. Agenda Item No. 10A September 14, 2004 Page 5 of 52 R�' L� ORDINANCE NO. 2000- 8 8 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 MAPS NUMBERED 8508S, 8516N, 8517N, 8520N, AND 8520S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RSF -3 (3), A (ST), RMF -6 (ST) (3). RMF-6 (3), RMF -12 (ST) (3), RW -12 (3� RSF -3 (ST) (3). RSF -4 (3), and RSF-4, TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS COCOHATCHEE BAY PUD FOR A MAXIMUM OF 590 RESIDENTIAL DWELLING UNITS AND RECREATIONAL FACILITIES INCLUDING A GOLF COURSE AND CLUBHOUSE LOCATED ON THE NORTHWEST CORNER OF WIGGINS PASS ROAD (C.R. 888) AND VANDERBILT DRIVE (C.R. 901) IN SECTIONS 8, 16, 17, AND 20. TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 532± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen Bishop of PMS, Inc. of Naples, represemting'Vanderbilt Partners II. LDT., petitioned the Board of County Commissioners to change the zoning classification of the 1=m described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Co=dssioum' o1 Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described mal property. located in Sections 8, 16, 17 and 20, Township 48 South, Range 25 East, Collier County, Florida, -is changed from RSF -3 (3). A (ST), RMF -6 (ST) (3). RMF-6 (3), RMF -12 (ST) (3), RMF -12 (3)� RSF -3 (ST) (3), RSF-4 (3), and RSF4, to "PUD" Planned Unit Development in accordance with the Cocohatchee Bay PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 8508S, 8516N, 8517N, 8520N, and 8520S, as described in Ordinance Number 91 -102, the Collier County Land Development Code, are hereby amended .alb a � 1►. a This Ordinance shall become effective upon Sling with the Department of State. -1- Agenda Item No. 10A September 14, 2004 Page 6 of 52 PASSED AND DULY ADOPTED by the Board of County Commiaeionm of Collier County, Florida, this 1,&aday of 02000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, MA4WA ATTEST, > BY: JAMES D. CARTER, PhD., CHAIRMAN D GR E. BROCR, Clack Most a$ to ChalrM41 slgnatwe only. Approved as to Form and legal Sufficiency Mad • M. Student Assistant County Attomey -2- This ordinor ce filed with the Office of 311M oM ocknowledy—Mint of that fil% this doy of 1di�� e J o.wy cwt COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE VANDERBILT PARTNERS II, LTD PREPARED BY: PMS, INC. OF NAPLES 2335 TAMIANII TRAIL NORTH SUITE 408 NAPLES, FL. 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC / 2D ORDINANCE NUMBER AMENDMENTS AND REPEAL DOCUMENT DATE 12114/00 EXHIBIT "A" Agenda Item No. 10A September 14, 2004 Page 7 of 52 I I Agenda Item No. 10A September 14, 2004 Page 8 of 52 List of Exhibits and Tables II Statement of Compliance ID SECTION 1 Property Ownership, Legal Description and Short Title 1.1 SECTION II Project Development 2.1 SECTION III Residential Development Areas 3.1 SECTION IV Golf Course / Open Space 4.1 SECTION V Preserve District 5.1 SECTION VI General Development Commitments 6.1 I Agenda Item No. 10A September 14, 2004 Page 8 of 52 • Agenda Item No. 10A September 14, 2004 Page 9 of 52 LIST OF EXHI ITS AIND TABLES EXHIBIT "A" Planned Unit Development Master Plan EXHIBIT "B" PUD Master Plan with Eagle Zone Overlay and Bald Eagle Management Plan TABLE 1 Land Use Summary TABLE D Development Standards 11 Agenda Item No. 10A September 14, 2004 Page 10 of 52 STATEMENT OF COMPLIANCE The development of approximately 532.09 t acres of property in Collier County as a Planned Unit Development (PUD) to be known as Cocohatchee Bay PUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Collier County Growth Management Plan. Cocohatchee Bay is a mixed use residential golf course community and will be consistent with the applicable elements of the Collier County Growth Management Plan for the following reasons: 1. Traffic ways, utilities, and other public facilities necessary to serve the Cocohatchee Bay Project are adequate. The Cocohatchee Bay Project will participate in the expansion of existing public facilities to the extent of its impact on those facilities via payment of impact foes. 2. The Cocohatchee Bay Project will be compatible with and complimentary to existing and planned land uses in the vicinity. Project lands lie in a transition area which includes low -rise residential development and high -rise multi - family development. 3. The subject property's location in relation to existing or proposed community facilities and services permits the Development's residential density as described 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. 5. The property was down -zoned during the Zoning Re- evaluation Process which resulted in an action establishing several zoning districts and densities: Parcel I - 11.19 acres RSF -3st — 3357 units Parcel 5 - 161.63 acres RSF-4 — 64652 units Parcel 6 - 13.15 acres RSF-4(3) — 39.45 units Parcel 7 - 69.61 acres RSF- 3st(3) — 208.83 units RSF -3(3) RMF -6(3) RMF- 6st(3) Parcel 194.60 acres RMF -12(3) — 583.80 units RMF- 12st(3) Parcel 1.26 acres RMF- 12st(3) — 3.78 units Parcel I0 80.65 acres RMF- 12st(3) — 241.95 units RMF- 6st(3) TOTAL 532.09 acres — 1757.90 or 1758 units The PUD will utilize a total of 590 units on 532.09 t acres for a gross density of 1.11 dwellings per acre. This action makes the land use and density consistent with the Future Land Use Element of the Growth Management Plan. a ac p f yv- . M Agenda Itern No. 10A September 14, 2004 Page 11 of 52 6. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 7. The project Development will result in an efficient and economical allocation of community facilities and services as required in Policies 3. LH and 3. l.L of the Future Land Use Element. 8. The project Development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 9. All final local development orders for this Project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Cade (LDC). M • 1 Agenda Item No, 10A September 14, 2004 Page 12 of 52 SECTION I PROPERTY OWNERSHIP & GENERAL 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 COCOHATCHEE BAY. 1.2 LEGAL DESCRIPTION PARCEL I. THE SOUTHERLY 548 FEET OF A TRACT OF LAND LYING IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4, SAID SECTION 8, RUN S.88°2440 "W. (SHOWN IN ERROR AS S.88°26140"W. IN O.R. BOOK 68, PAGE 235; O.R. BOOK 87, PAGE 439 THROUGH 447; O.R. BOOK 167, PAGE 692; O.R. BOOK 218, PAGE 484; HEREINAFTER CITED AS OFFICIAL RECORDS), ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4 AND THE WESTERLY PROLONGATION OF SAID SOUTH LINE, FOR 776.71 FEET, TO AN WI ERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 87, PAGES 439 THROUGH 447 (SURVEYOR'S NOTE: ALTHOUGH O.R. BOOK 167, PAGE 692 AND O.R. ' BOOK 218, PAGE 484 INDICATE THAT THE AGREED BOUNDARY LINE IS FOUND IN O.R. BOOK 68, PAGE 235, THE BEARINGS AND DISTANCE ARE IN EFFECT THOSE RECITED IN A LATER EXCHANGE OF QUIT CLAIM DEEDS O.R. BOOK 87, PAGES 439 THROUGH 447), OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.2901 1'40'V., ALONG SAID BOUNDARY LINE, FOR 300 FEET; THENCE RUN N.3°00'00 "W., ALONG SAID AGREED BOUNDARY LINE, FOR 961.43 FEET (SHOWN IN ERROR AS 961.30 FEET IN THE OFFICIAL RECORDS); THENCE RUN N.67°30'00 "W. ALONG SAID AGREED BOUNDARY LINE, FOR 1397.99 FEET (SHOWN IN ERROR AS 1397.01 FEET IN THE OFFICIAL RECORDS); THENCE RUN N.22 °3 I WV., (SHOWN IN ERROR AS N.22 °304)0 "W. IN THE OFFICIAL RECORDS), ALONG SAID AGREED BOUNDARY LINE, FOR 944.72 FEET, THENCE RUN NORTH, ALONG SAID AGREED BOUNDARY LINE, FOR 99.92 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF GOVERNMENT LOT 3, SAID SECTION 8; THENCE RUN N.0°08153'9B. (SHOWN IN ERROR AS NORTH IN THE OFFICIAL RECORDS), FOR 429.82 FEET; THENCE S.59°00'00'B., FOR 815.68 FEET, TO AN INTERSECTION WITH SAID WESTERLY PROLONGATION OF THE NORTH LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.8901220"B., ALONG SAID WESTERLY PROLONGATION AND ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3, FOR 1907.82 FEET, TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3, THENCE RUN S.00°23'10" E., ALONG THE EAST LINE OF SAID GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4. FOR 2744.30 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. 1.1 Agenda Item No. 10A September 14, 2004 Page 13 of 52 PARCELS THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE RIGHT -OF -WAY FOR STATE ROADS S -865A (ALSO KNOWN AS VANDERBILT DRIVE) AND S -865B (ALSO KNOWN AS WIGGINS PASS ROAD). PARCEL 6 THAT PART OF THE NORTHERLY ON&FIFI'H (BEING MORE PARTICULARLY DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268.54 FEET) OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA WHICH LIES WEST OF THE RIGHT-OF-WAY OF U.S. HIGHWAY 41 (ALSO KNOWN AS TAMIAMI TRAIL). PARCEL 7 THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE SOUTHEAST 114 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND EXCEPTING THEREFROM THE RIGHT-OF-WAY OF STATE ROAD S -965A (VANDERBILT DRIVE) PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCELS BEGINNING AT THE SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.8905470 "W., ALONG THE SOUTH LINE OF SAID SECTION 17, FOR 283952 FEET TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGE 235 THROUGH 250 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.0103MYT., ALONG SAID AGREED BOUNDARY LINE, FOR 1298.70 FEET (SHOWN IN ERROR AS 1300.00 FEET, IN O.R. BOOK 68. PAGE 235 AND O.R. BOOK 167, PAGE 642 HEREINAFTER CITED AS OFFICIAL RECORDS); THENCE RUN N.30000'00'!E , ALONG SAID AGREED BOUNDARY LINE, FOR 800 FEET; THENCE RUN N.05 000'00 "W., ALONG SAID AGREED BOUNDARY LINE, FOR 1480 FEET; THENCE RUN N.29 °1 1'40 "W., ALONG SAID AGREED BOUNDARY LINE, FOR 1957.41 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID SECTION 17; THENCE RUN N.88 °24'40" E. (SHOWN IN ERROR AS N.88 026'40 "E. IN THE OFFICIAL RECORDS), ALONG SAID NORTH LINE FOR 3449.51 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17; THENCE RUN S.0°27'30"E., ALONG THE EAST LINE OF SAID SECTION 17, FOR 2690.04 FEET (SHOWN IN ERROR AS 2689.35 FEET IN THE OFFICIAL RECORM TO THE EAST QUARTER CORNER; THENCE RUN S.0- 26'00'E. (SHOWN IN ERROR AS S.0 °26'00"W. IN THE OFFICIAL RECORDS ALONG THE EAST LINE OF SAID SECTION 17, FOR 2584.65 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM (1) THE EAST 1/2 OF THE NORTHEAST 1/4,(2) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4.(3) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, OF THE SOUTHEAST 1/4, ALL IN SAID SECTION 17; AND EXCEPTING THE RIGHT -OF -WAY FOR STATE ROAD S -865A (VANDERBILT DRIVE), AND EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST OVA 1.2 Agenda Item No. 10A September 14, 2004 Page 14 of 52 OF THE SOUTHEAST 114 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, RUN S.89053'1 8"W. FOR 50 FEET, TO THE POINT OF BEGINNING; THENCE RUN S.89 °53'1 8 "W., FOR 186.65 FEET, TO A POINT ON BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.41 01 1103 1W. FOR 133.10 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.0006'42'E., FOR 120 FEET, THENCE RUN N.89 °53' 18 "E., FOR 275.72 FEET, TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF STATE ROAD S -865A (VANDERBILT DRIVE): THENCE RUN N.0°26'00'"W., FOR 220 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 9 THAT POR77ON OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: FROM A POINT OF BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, RUN N.89040'55'E., FOR 560.24 FEET, ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, TO A POINT ON THE BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.0n6'00W., FOR I00 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.89 °40'55 "W., FOR 560.23 FEET, ALONG SAID BULKHEAD LINE, TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE RUN S.0°25'41'E., FOR 100.00 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 10 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89°52W'W., ALONG THE SOUTH LINE OF SAID SECTION 20, FOR 2053.75 FEET, THENCE RUN N.00°I4'00 "W. FOR 1698.91 FEET, THENCE RUN N.54 °47'52 "W., FOR 399.32 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.79°17'10"E., ALONG SAID AGREED BOUNDARY LINE, FOR 69.60 FEET; THENCE RUN N.02059'30"W. ALONG SAID AGREED BOUNDARY LINE FOR 1417.66 FEET (SHOWN IN ERROR AS 1475.01 FEET IN O.R. BOOK 68, PAGE 235); THENCE RUN N.27-1570'V., ALONG SAID AGREED BOUNDARY LINE FOR 705.31 FEET; THENCE RUN N.18 °44'30 "W., ALONG SAID AGREED BOUNDARY LINE FOR 887.03 FEET, THENCE RUN N.0503T50 "W., ALONG SAID AGREED BOUNDARY LINE FOR 393.34 FEET, TO AN INTERSECTION WITH THE NORTH LINE OF SECTION 20; THENCE RUN S.89054'20E., ALONG SAID NORTH LINE FOR 2839.52 FEET, TO THE NORTHEAST CORNER OF SAID SECTION 20; THENCE RUN S.020124)0'E., ALONG THE 1.3 f Agenda Item No. 10A September 14, 2004 Page 15 of 52 EAST LINE OF SAID SECTION 20, FOR 5273.90 FEET (SHOWN IN ERROR AS 5277.24 FEET IN O.R. BOOK 68, PAGE 235) TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICITON, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND ACCEPT THE RIGHTS-OF-WAY OF STATE ROADS S -865 A (ALSO KNOWN AS VANDERBILT DRIVE) AND S -846 (ALSO KNOW AS BLUEBiLL AVENUE). AND LESS AND ACCEPT THE FOLLOWING DESCRIBE REAL PROPERTY: ALL OF WIGGINS PASS LANDINGS UNIT NO. l ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10. AT PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ALL OF WIGGINS PASS LANDINGS UNIT NO.1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, At PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 4 OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION; THENCE N.89°5T20 "W. ALONG THE SOUTHERLY LINE OF SAID LOT 4, A DISTANCE OF 599.96 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4, THE SAME BEING THE SOUTHEAST CORNER OF LOT 10, BLOCK I OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.8905220 "W., ALONG THE SOUTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 A DISTANCE OF 1400.65 FEET TO THE SOUTHWEST CORNER OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; THENCE N.00° 14'00 "W., ALONG THE WESTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1, A DISTANCE OF 1608.90 FEET, THENCE N.34°26'15 "E., ALONG SAID WESTERLY LINE, A DISTANCE OF 439.38 FEET TO A POINT ON THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; THENCE N.87048'00'9E. ALONG SAID NORTHERLY LINE A DISTANCE OF 1481.48 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; THENCE S.02 °1 2'00'B. A DISTANCE OF 163.77 FEET TO THE NORTIiWEST CORNER OF LOT 1, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1. THENCE N.87 °48'00'H. A DISTANCE OF 200.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE S.02 °12'00 "E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1, A DISTANCE OF 668.16 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1, THE SAME BEING THE NORTHEAST CORNER OF LOT 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION; THENCE S.02 ° 12'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, A DISTANCE OF 1209.93 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 88.56 ACRES, MORE OR LESS (BEARINGS REFER TO WIGGINS PASS LANDINGS UNIT NO.I ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY: 1.4 Agenda Item No. 10A September 14, 2004 Page 16 of 52 A PORTION OF LAND LOCATED IN THE EAST 1!2 OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 20; THENCE N.02°12'00 "W.. ALONG THE EASTERLY LINE OF SAID SOUTHEAST 114 A DISTANCE OF 1970.20 FEET; THENCE S.87 048'00 "W., A DISTANCE OF 50.00 FEET TO A POINT ON THE WESTERLY RIGHT -OF -WAY LINE OF VANDERBILT DRIVE, A 100.00 FOOT RIGHT -OF -WAY AND THE NORTHEAST CORNER OF LOT 1 BLACK 3, WIGGINS PASS LANDINGS, UNIT NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE S.87 °48'00 "W., A DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE N.02° 12W "W. A DISTANCE OF 163.77 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3, OF SAID WIGGINS PASS LANDINGS UNIT 1; THENCE S.87 °48'00 "W. ALONG THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1, A DISTANCE OF 1481.48 FEET; THENCE S.34026'15 "W. ALONG THE NORTHWESTERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO. 1. A DISTANCE OF 439.48 FEET TO THE NORTHEASTERLY CORNER OF TRACT B. BAKER- CARROLL POINT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8, PAGE 42, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE N.54 04752 "W., ALONG THE NORTHERLY LINE OF SAID BAKER;CARROL POINT, A DISTANCE OF 399.32 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN OFFICIAL RECORDS BOOK 68, AT PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.79017'1 VT., ALONG SAID AGREED BOUNDARY LINE, A DISTANCE OF 69.60 FEET; THENCE N.050V30 "W., ALONG SAID AGREED BOUNDARY LINE. A DISTANCE OF 1417.66 FEET, THENCE N.27° 15'20W., ALONG SAID AGREED BOUNDARY LINE A DISTANCE OF 616.67 FEET; THENCE N.87 °48'00 "E., A DISTANCE OF 2472.71 FEET TO A POINT ON THE WESTERLY RIGHT- OF-WAY LINE OF SAID VANDERBILT DRIVE; THENCE S.02 °12'25'E., ALONG SAID WESTERLY LINE, A DISTANCE OF 1373.11 FEET; THENCE S.02012'00'E. ALONG SAID WESTERLY LINE A DISTANCE OF 667.03 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 100 ACRES, MORE OR LESS. 1.3 PROPERTY OWNERSHIP The subject property is owned by A.L. Dougherty Co. Inc., a Delaware Corporation. lA GENERAL DESCRIPTION OF PROPERTY AREA A. The Project site is bordered on the West by the Delenor Wiggins State Park and Barefoot Beach County Park, on the East by Tarpon Cove PUD and Wiggins Bay PUD, on the South by the Dunes PUD and on the North by Arbor Trace PUD and the Retreat PUD. B. The zoning classification of the project prior to approval of this PUD document was RSF -3 (3), RSF -3ST (3), RSF-4, RSF-4 (3), RMF -12ST (3), RMF -l2 (3), RMF-6 ST(3), RMF -6(3), and A-ST. 1.5 Agenda Item No. 10A September 14, 2004 Page 17 of 52 1.5 PHYSICAL DESCRIMM A. The Project lies within South Florida Water Management District No. 6. Drainage from the property will discharge into Cocohatchee Bay B. Water Management Facilities for the Project will be designed and constructed in order to introduce project stormwater runoff to wetland areas in an attempt to assist in the restoration of historic water retention and preserve areas. C. Elevations within the project site range from 1.5 to 11 feet above mean sea level. Most of the area, however, falls within the 10' to 11' foot elevation category. The site lies within Flood Zone AE (EL l V) and AE (EL 12') according to Firm Maps 120067 -0191 D, 01871), and 189D, dated June 3, 1986. D. Soil types within the Project include Keri fine sand (approximately 50%), Cypress Swamp (approximately 48%) and Charlotte fine sand (approximately 2%). Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March, 1954. rinliffTr The Cocohatchee Bay PUD is a residential and golf course community with a maximum of 590 dwelling units. Recreational facilities including a golf course. clubhouse, maintenance facility. caddie quarters, and guest suites will be provided in conjunction with the dwelling units. Residential and recreational land uses are designed to be harmonious with one another in a natural setting by using common architectural themes, appropriate screening and buffering and open space. This Ordinance shall be known and cited as the "COCOHATCHEE BAY PLANNED UNIT DEVELOPMENT ORDINANCE." 1.6 SECTION 1I PROJECT DEVELOPMENT 2.1 PURPOSE Agenda Item No. 10A September 14, 2004 Page 18 of 52 The purpose of this Section is to 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. Development of Cocohatchee Bay shall be in accordance with the contents of the Planned Unit Development document and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, such as, but not !incited to, Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the 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 time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Cocohatchee Bay PUD shall become part of the regulations which govern the manner in which the PUD site may be developers. D. Unless modified, waived or excepted by this PUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. 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 LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this Development. 2.1 Agenda Item No. 10A September 14, 2004 Page 19 of 52 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Project Master Plan, including land uses for the various tracts, is illustrated by Exhibit "A," the PUD Master Plan. The nature and extent of land uses within the Project are indicated on Table 1. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. B. The final size of the recreation and open space lands will depend on the actual requirements for water management facilities, golf course layout, roadway pattern, and dwelling unit size and configuration. M Residential "R I" Residential "R2" Golf Course "GC" COCOHATCHEE BAY LAND USE SUMMARY TABLE I MAX, D.U.'s / Square Footage 480 90 20 open Space N/A (Preserve, Lakes and Landscape Buffers) Total 590 ACRES 44.00 +/- 9.70 +/- 170.3944- 308.00 +/- Total 532.09 +/- acres 2A RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans for all required improvements shall receive approval of the appropriate Collier County governmental agency to ensure compliance with the PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida B. Exhibit "A," the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. 2.2 Agenda Item No. 1 O September 14, 2004 Page 20 of 52 C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Utility, road, public and private easements shall be established as required during the SDP and/or plat approval process. F. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of the common facilities. 2.5 MODEL HOMES 1 SALES OFFICES Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout the Cocohatchee Bay PUD, subject to the requirements of Section 2.6.33.4. of the Collier County Land Development Code and all other applicable sections. Sales facilities will be permitted prior to final plat approval as provided in said Section 2.6.33.4. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Common area maintenance will be provided by the Master Property Owners' Association. The Association is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of County development approval. For those areas not maintained by the Master Association, the Developer has created a property owners' association(s), or condominium association(s), whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The Master or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and reserves serving the Cocohatchee Bay PUD, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. 2.3 Agenda Item No. 10A September 14, 2004 Page 21 of 52 2.8 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Section 2.2.20.2.3. The Applicant has not set "stages' for the. development of the property. Since the property is to be developed over an estimated ten (10) year time period, any projection of project development can be no more that an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. 2.9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Cocohatchee Bay Community PUD except in the Preserve District.. General permitted uses are those uses which generally serve the Developer and residents of the Cocohatchee Bay 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 the Collier County Land Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. S. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities, community centers. 7. Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. S. Landscape features including, but not limited to, landscape buffers, berms, fences and walls which shall be in accordance with the Collier County Land Development Code in effect at the time permits are requested unless otherwise specified herein. 9. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 2.4 Agenda Item No. 10A September 14, 2004 Page 22 of 52 B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - Fifteen feet (15') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from exterior property lines - One half (1/2) the height of the structure, minimum of twenty feet (20'). 3. Minimum distance between structures which are part of an architecturally unified grouping - Five feet (5'). 4. Minimum distance between unrelated structures - Ten feet (10'). 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. 7. Sidewalks, bi kepaths, and cartpaths may be placed within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. 8. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. 2.10 OPEN SPACES REQUIREMENTS The PUD Master Plan identifies approximately 483 acres included in the Recreation, Golf Course, Landscape/Open Space, Lakes and Preserve District designations. These areas equate to approximately 91 percent of the Project and fully satisfy the open space requirements of Section 2.6.32 of the Collier County Land Development Code. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Twenty Five Percent (25%) of the viable naturally functioning native vegetation on site shall be preserved. 2.5 Agenda Item No. 10A September 14, 2004 Page 23 of 52 2.12 LANDSCAPING REQUIREMENTS A. A perimeter berm shall be constructed in conformance with Section 2.4.4 of the Land Development Code. 1. Trees and shrubs shall be planted along the base of the berm so as to visually soften the appearance of the side of the berm. 2. Ground cover on the side of be berm shall form a dense attractive mat, and shall not require mowing. 3. Trees shall be a minimum of 75 percent native species. 4. Shrubs shall be a minimum of 35 percent native species. B. A minimum landscape area of thirty -five feet (35') shall be developed along the Vanderbilt Drive frontage. Said landscape buffer on the west side of Vanderbilt Drive shall include development features that impede the view of high rise residential structures from Vanderbilt Drive. 2.6 SECTION III RESIDENTIAL "R" DEVELOPMENT AREAS 3.1 PURPOSE Agenda Item No. 10A September 14, 2004 Page 24 of 52 The purpose of this Section is to establish land use regulations and development standards for the residential development tracts designated on Exhibit "A," the PUD Master Plan as 'RI" and "R2". 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 590. The subject property contains a gross acreage of 532.49 +/- acres and base density of 1.11 dwelling units per gross acre. 3.3 GENERAL DESCRIPTION Areas designated as "R l " and "112" on the PUD Master Plan are designed to accommodate high -rise residential dwelling unit types, multi- family dwellings, adult living facilities, compatible nonresidential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreages are indicated on the PUD Master Plan. These acreages are based on conceptual designs and are approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3 and Division 3.2, respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 3.4 USES PERMITTED 1. Multiple- family dwellings. 2. Guest suites and cabanas. 3. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "R1" and "112" Districts. M Agenda Item No. 10A September 14, 2004 Page 25 of 52 1. Uses and structures customarily associated with principal uses permitted. 2. Recreational uses such as, but not limited to, clubhouse, fitness center, health spa, tennis courts, swimming pools or similar recreational uses. 3. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director detemnines to be compatible in the "R1 "and "R2" Districts. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses. within the "R" Residential Districts. B. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Cocohatchee Bay PUD, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. C. Off-street parking required for multi- family uses shall be accessed by perking aisles or driveways which are separate from any roads which serve more than one development. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road. D. In the event the Developer builds the multiple family housing placed in the arts between Tarpon Cove and Falling Waters, a minimum of 30 percent of the multiple family housing shall be offered to employees of the golf course with purchase price or rental rates consistent with traditionally accepted housing costs to income ratios. 3.2 Agenda Item No. 10A September 14, 2004 Page 26 of 52 COCOHATCHEE BAY COMMUNITY DEVELOPMENT STANDARDS FOR TABLE 1 DEVELOPMENT STANDARDS "RI" HIGH RISE Melts- Family Dwellings "R2" MULTI FAMILY Minimum Lot Area NA I Acre Minimum Lot Width N/A NIA Front Yard - internal Road *1 0.5 BH not less than 25 feet 0.5 BH not less than 25 feu Front Yard - Accessory Bldg. Including Parking Structure 0.5 BH not less than 25 feet 0.5 BH not less than 25 feet Front Yard - Vanderbilt Drive BH N/A Front Yard - Accessory Bldg. 50 NIA Side Yard OS BH 15 Rear Yard Principal 0.5 BH 15 Rear Yard Accessory 15 10 Maximum Bldg Height 20 stories for a JIM urn height of 200 feet *2 35 Distance Between Principal Structures OS SBH *3 03 BH not less than 15 feet Floor Area Min. (S.F.) 1800 SF 1200 SF M (Building Height): Building height shall be the veitical distance rtxasured from the fuzz habitable finished floor elcvxtion to the uppernast finished ceiling elevation of the structure. =- (Sum of Building Height): Combined height of two adjacent buildings for the purposes of detandning setback mquimmumts, All distances are in feet unless otherwise noted. • I Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right- of-wsy line. B. If the parcel is saved by a private read, setback ha nteasund from the back of curb (if curbed) or edge of pavement (11(m curbed). *2 Building height for the north property line adjacent to Arbor Trace Indic "R 1 " tract shall be 15 stories for a maximum freight or 150 fee. 03 Where buildings with a common architectural triune ass angled, skewed or offset from one anotbcr. and walls are not parallel to one another, the setbacks can be administratively reduced. 3.3 SECTION IV GOLF COURSE "GC" DEVELOPMENT AREAS 4.1 PURPOSE Agenda Item No. 10A September 14, 2004 Page 27 of 52 The purpose of this Section is to set forth the uses permitted and development standards for the Golf Course tracts. The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas authorized for Development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. 4.2 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Golf courses and golf club facilities, caddie quarters, clubhouse, guest suites, including temporary golf clubhouses. 2. Project information and sales centers. 3. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utility pumping faclities and pump buildings, utility and maintenance staff offices. 4. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal uses permitted in this District. 2. Pro- shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars and golf course maintenance yards. 3. Retail sales of associated recreational equipment and apparel, such as, but not limited to, golf, tennis, and other recreational related equipment apparel and accessories. 4. Restaurants and related uses intended to serve club members and club guests. 4.1 Agenda Item No. 10A September 14, 2004 Page 28 of 52 5. Shuffleboard courts, tennis courts, health spas, swimming pools, and all other types of accessory facilities intended to provide recreational opportunities for members. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 7. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 4.3 DEVELOPMENT REGULATIONS A. Principal structures shall be set back a minimum of twenty feet (20') from Golf Course District boundaries and private roads, and twenty -five feet (25') from all PUD boundaries. B. Accessory structures shall be set back a minimum of ten feet (10') from Golf Course District boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts. G Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures 1. Principal Structures - 2 stories for a maximum height of 20 feet. 2. Accessory Structures -1 story for a maximum height of 15 feet. E. Minimum distance between principal structures - Ten feet (101). F. Parking for the community centedclubhouse shall be three spaces per every one thousand (1,000) square feet of gross floor area, which shall be considered inclusive of the required golf course parking, provided the golf course and recreational facilities are private, otherwise, applicable provisions of the Land Development Code shall apply. G. The golf course maintenance building shall be located a minimum of 1750 linear feet west of U.S. 41. H. Standards for parking, landscape, signs and other land uses where such standards are not specified herein, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 4.2 SECTION V PRESERVE "P" DISTRICT 5.1 PURPOSE Agenda Item No. 10A September 14, 2004 Page 29 of 52 The purpose of this Section is to identify permitted uses and development standards for areas within the Cocohatchee Bay Community designated on the Master Plan as the Preserve District. 5.2 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, to allow for restoration and enhancement of impacted or degraded wetland systems. and to provide an open space amenity for the enjoyment of Cocohatchee Bay Community residents. , 5.3 USES PERMITTED No building or structure or part thereof, shalt be erected altered or used, or land used; in whole or in part, for other than the following: A. . __Principal Uses 1. Passive packs, passive recreational areas. boardwalks. 2. Biking, hiking, and nature trails. 3. Golf can paths are permitted in the preserve areas outside the limits of the bald eagle primary zone. 4. Wildlife sanctuary. 5. Pathways and or bridges. 6. Recreational shelters, in Preserve upland areas. 7. Drainage and water management facilities as may be required by SFWMD. 8. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 5.1 Agenda Item No. 10A September 14, 2004 Page 30 of 52 -- 5.4 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3. of the Collier County Land Development Code, as amended. Any lot abutting a protected/preserve area shall have a minimum 25 foot setback from the boundary of such protected/preserve area in which no principal structure may be constructed. Further the plat shall require that no alteration, including accessory structures, ftU placement, grading, plant alteration or removal, or similar activity shall be permitted within such setback without the prior written consent of the Development Services Director. in no event shall these activities be permitted within ten feet of the preserve boundary. B. Maximum height of structures - Twenty -five feet (25'). C. Minimum distance between principal structures - Ten feet (10'). D. Minimum distance between accessory structures - Five feet (5'). E. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 5.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non - exclusive conservation casement or tract is required by Collier County Land Development Code, Section 3.2.8.4.7.3. for lands included in the Preserve District. In addition to Collier County, a non - exclusive conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in any applicable permit granted by other agencies. The Developer, its successor(s) or assigns, including the Master Property Owners' Association shall be responsible for control and maintenance of lands within the Preserve District. 5.2 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE Agenda Item No. 10A September 14, 2004 Page 31 of 52 The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats, 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 Land Development Code, Division 3.2 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 follow the Master Plan and the regulations of the 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, is bound by the commitments within this agreement. 63 PUD MASTER PLAN A. Exhibit "A," the PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries. shall not be construed to be specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of Section 2.7.35. of the Land Development Code, PUD 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. C. The following shall be considered minor changes and refinements, subject to the limitations of PUD. Section 6.3A: 1. Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of environmental regulatory agency review, as long as the changes do not cause additional impacts to protected species or habitat. 2. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County and where there is no further encroachment into preserve areas. 3. Reconfiguration of golf course envelopes and design features where there is no encroachment into preserve areas. 6.1 Agenda Item No. 10A September 14, 2004 Page 32 of 52 4. Internal realignment of rights -of -way other than a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into preserve areas. 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the Cocohatchee Bay Project is contemplated in calendar year 2000 with completion of the golf course and Project infrastructure anticipated to occur in calendar year 2000/2001. Marketing of commercial and residential sites and golf course memberships are to begin in calendar year 2000, and are expected to be concluded in calendar year 2010. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6. of the Collier County Land Development Code. C. The Cocohatchee Bay PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. 6.5 POLLING PLACES Pursuant to Section 2.6.30. of the Land Development Code, provision shall be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners' associations, that such common facilities may be used for an electoral polling place if determined to be necessary by the Supervisor of Elections. 6.6 SUBDMSION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTI S A. Sidewalks / bike paths shall conform with Subsection 3.2.8.3.17. of the LDC. Due to the environmental issues on this Project impacts are to be minimized. B. Private streets shall conform with the right -of -way width requirements of Subsection 3.2.8.4.16.5. of the LDC except as follows: 1. Cul-de -sacs and local streets less than one thousand feet (1,000') in length are required to have a minimum fifty foot (50') right -of -way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. 2. All other cul-de -sacs are required to have a minimum of fifty foot (50') right -of -way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. 6.2 Agenda Item No. 10A September 14, 2004 Page 33 of 52 3. Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10. of the Land Development Code. 4. Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14. of the Land Development Code provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. 5. LDC Subsection 3.2.8.3.19.: The standard that street name markers shall be approved by the Development Services Director and conform with the Florida Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices are waived. The requirements for street pavement painting, striping and reflective edging of the main road system will be waived. Traffic circulation signage shall be in conformance with Florida Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices standards. 6. LDC Subsection 3.2.8.4.16.8.: The minimum back of curb radii for internal roads shall be 30 feet with the exception of both entrance road intersections which shall be 40 feet. 6.7 TRANSPORTATION A. The Developer shall provide a fair share contribution toward the capital costs of any traffic signals necessary at Project accesses when deemed warranted by the County Engineer. The traffic signals will be designed, installed, owned, operated, and maintained by Collier County. The Developer shall provide arterial level street lighting at all Project accesses prior to the issuance of any certificate of occupancy for a building accessed from a Project entrance. B. The Developer agrees that Collier County reserves the right to disallow developer improvements within Vanderbilt Drive, East/West Livingston Road, and/or Wiggins Pass Road rights -of -way if such improvements conflict with or negatively impact public roadway, drainage, or utility facilities planned as pan of future four - laving construction. C. The Developer shall provide additional right -of -way in fee simple title, when necessary, along the PUD frontage to Vanderbilt Drive. Additional right -of -way is required in varying widths from 10 feet to 25 feet on both sides of Vanderbilt Drive as shown on the final four -lane design plans prepared for Collier County by Johnson Engineering, Inc. Such required right -of -way along each side of Vanderbilt Drive shall be dedicated and conveyed to Collier County without consideration for impact fee credits for public roadway, drainage, and public utility improvements. The right -of -way conveyance shall occur at the time requested by the County. 6.3 • Agenda Item No. 10A September 14, 2004 Page 34 of 52 D. The Developer shall provide additional right -of -way in fee simple tide, when necessary, along Vanderbilt Drive and Wiggins Pass Road at all proposed and authorized access points wherein right turn lanes for development purposes are required or specified. Such additional right -of -way is declared to be compensating right -of -way and accordingly will not be subject to road impact fee credits. The final four -lane design plans prepared for Collier County by Johnson Engineering, Inc. do not show required right -of - -way for right turn lanes for this PUD, but the right -of -way shall generally be of a typical width of approximately 15 feet. The right -of -way conveyance shall occur at the time requested by the County. E. The Developer shall provide the additional 14 feet of right -of -way in fee simple title, when necessary, along the PUD frontage to Wiggins Pass Road. Additional right- of-way, is required in varying widths on the north side of Wiggins Pass Road as shown on the final four -lane design plans prepared for Collier County by Johnson Engineering, Inc. Such required right -of -way along Wiggins Pass Road shall be dedicated and conveyed to Collier County without consideration for impact fee credits for public roadway, drainage, and public utility improvements. The right -of -way conveyance shall occur at the time requested by the County. F. The Developer shall provide additional right -of -way in fee simple title, when necessary, along the PUD's north boundary for future East/West Livingston Road between Vanderbilt Drive and U.S. 41. The Village Place PUD directly to the north of this PUD has dedicated 67.5 feet of right -of -way along its southern property line for the future East/West Livingston Road. 100 feet of right -of -way along the northern property line for future East/West Livingston Road shall be dedicated to the County. Such required right -of -way shall be dedicated and conveyed to Collier County for public roadway, drainage, and public utility improvements. Collier County shall compensate the Developer for the right -of -way based on professional land appraisals of the fair market value based on its value prior to approval of the PUD. The right -of -way conveyance shall occur at the time requested by the county. G. The Developer shall design and pay for any required road improvements to Vanderbilt Drive that will provide access for the Project (this includes turn lanes and other improvements such as lighting). If these improvements are made prior to the construction of the County's Vanderbilt Drive four -lane expansion project, the Developer shall pay the design and construction costs related to access for the Project for the existing two -lane section of Vanderbilt Drive. Future four -lane expansion of Vanderbilt Drive shall include the Project's access and shall be designed and paid for by the County during the construction of Vanderbilt Drive. If these improvements are made after the construction of the County's Vanderbilt Drive four -lane expansion project, the Developer shall pay all design and construction costs related to access for the Project. 6.4 Agenda Item No. 10A September 14, 2004 Page 35 of 52 H. The Developer shall meet the stormwater attenuation and water quality requirements for the future EastlWest Livingston Road between Vanderbilt Drive and US 41. The Developer shall be compensated for the stormwater management commitments at a rate to be determined. The Project shall accept future stormwater commitments from EasVWest Livingston Road along the Project property line in the form of water quantity. Water quality will be handled within the 1675' right -of -way reservation. I. The Developer shall design noise mitigation/abatement systems in accordance with the Collier County Land Development Code. J. In the event the County four -lane improvements to Vanderbilt Drive or Wiggins Pass Road precedes the development of this Project's access to Vanderbilt Drive, the Developer shall bear the full cost for the access and appropriate turn lanes. 6.8 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Water distribution, sewage collection and transmission lines to serve the Project are to be designed, constructed, conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 97 -17, 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. C. The on -site water distribution system serving the Project must be connected to the District's water main and must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the Project. During design of these facilities, the following features shall be incorporated into the distribution system: 1. Dead -end mains shall include dead -end flushing hydrants. 2. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the Project at locations to be mutually agreed to by the County and the Developer during the design phase of the Project. M Agenda Item No. 10A September 14, 2004 Page 36 of 52 D. A water distribution system shall be constructed throughout the project development by the Developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights -of -way or within utility easements as set forth in Collier County Ordinance 97 -17, shall be conveyed to the County Water /Sewer District for ownership, operation and maintenance. All water facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. E. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water system must be reviewed and approved prior to commencement of construction. F. A sewer distribution system shall be constructed throughout the project development by the Developer pursuant to all current requirements of Collier County and the State of Florida. Sewer facilities constructed within platted rights -of -way or within utility easements as set forth in Collier County Ordinance 97 -17, shall be conveyed to the County Water /Sewer District for ownership, operation and maintenance. All sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. G. All construction plans and technical specifications and proposed plats, if applicable, for the proposed sewer system must be reviewed and approved prior to commencement of construction. 6.6 Agenda Item No. 10A September 14, 2004 Page 37 of 52 6.9 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers and setbacks shall be in accordance with 3.2.8.4.7.3. of the Collier County Land Development Code. C. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas which shall be platted. D. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservationtpreservations areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. E. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and 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 Planning Services Section staff for review and approval prior to final site plan/construction plan approval. A Bald Eagle Management Plan and a Gopher Tortoise Management Plan are required for this site. F. Any amendment to the Bald Eagle Management Plan shall require review of the Environmental Advisory Council or any successor body. 6.10 ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Engineering Review Services. B. Design and construction of all improvements shall be subject to compliance with all applicable provisions of the Collier County Land Development Code. 6.7 Agenda Item No. 10A September 14, 2004 Page 38 of 52 C. The Developer, its successors and assigns, shall be required to satisfy the requirements of all applicable County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including Site Development Plans and any other application that will result in the issuance of a final or local development order, 6.11 WATER MANAGEMENT A. An excavation permit shall be required for the proposed lakes in accordance with Division 3.5 of the Land Development Code and South Florida Water Management District Rules. 6.12 HISTORICAL AND ARCHAEOLOGICAL 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. 6.13 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractors storage and office facilities and the like, may be erected and utilized during the period of Project development and marketing. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. 6.8 Agenda item No. 10A September 14, 2004 Page 39 of 52 6.14 SIGNS 1. General A. All County sign regulations shall apply unless such regulations are in conflict with the conditions set forth in this Section. B. For the purpose of this PUD Document/Ordinance, each plaited parcel shall be considered a separate parcel of land and shall be entitled to signs as permitted herein. C. Should any of the signs be requested to be placed within the public rights -of -way, a right -of -way permit must be applied for and approved. D. All signs shall be located so as not to cause sight distance problems. 2. Entrance Sims A. Two (2) signs with a maximum area of 40 square feet each or one (1) sign with a maximum area of 100 square feet shall be permitted at each entrance to the Development. B. Entrance signs shall not exceed a height of fifteen (15) feet above the lowest centerline grade of the nearest public or private right -of -way to the uppermost portion of the sign structure. C. Entrance signs may be lighted provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent sweets or going into adjacent residences. A. Project signs, designed to promote the Cocohatchee Bay Project, or any major use within the Project shall be permitted along the east side of CR 901, the north side of CR 888, the south side of Livingston Road Extension and on all land tracts within the Cocohatchee Bay PUD limits subject to the following conditions: l) Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred (100) square feet. 2) A maximum of four (4) project signs shall be permitted. Two (2) signs shall be located along the CR 901 frontage, one (1) shall be located along the Livingston Road Extension frontage. and one (1) shall be located along the CR 888 frontage. .• i Agenda Item No. 10.4 September 14, 2004 Page 40 of 52 3) Project signs may be lighted provided all lights are shielded in a manner which prevents direct glare which would impact the vision of drivers using the adjacent streets or going into adjacent residences. 6.15 LANDSCAPING FOR OFF - STREET PARKING AREAS All landscaping for off - street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 6.16 PROVISION FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or other water bodies is hereby permitted subject to applicable sections of the Lewd Development Code. If it is demonstrated that fill activities on those buildable portions of the Project site are such that there is a surplus of earthen material, then its off -site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code whereby off -site removal shall be limited to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. B. All other provisions of said Division 3.5 are applicable. 6.10 I N 9 O J \ I,! enda Item No. 10A v Page 41 of 52 N EXHIBIT "'A" = '� COCOHATCH.EE PN . w 08-29-W A00-- PUD MASTER VANA.SSE & DAYWR RSA 11 -06-W OgJTURE CONDMO ""' mow~' Mp"L ,�e`,o�. SCALE MM A CW Na _P", � f M 'b -� sq. n C 4 rq t i pm � � y EXHIBI T '@) 0 I I a Item No. 10A iml,zr 1 it 7Md Page 42 of 52 N 2 COCOHATCHEE BAY - DAM 06-29-w �cr mo.: sows PUD MASTER PLAN . VANASSE & DAYL DR RE r t- os--oo 87TH EAGLE ZONE aVEBLA -- M �� M SCAL& MrS. ACRD MR 80205 -PI Mom. t I- . Agenda Item No. !CA September 14, 2004 °aoe 43 of 52 Bald Eagle Habitat Management Plan COCOHATCHEE Sections 8, 16, 17, & 20, Township 48 S, Range 25 E, Collier County. Turrell & Associates, Inc. August 2000 4.0 Bald Eagle (Hallaeetus leucocephalus leucocephalus) 4.1 Occurrence on Site An active bald eagle nest. is located on the site on the west side of Vanderbilt Drive, shown on the attached site plan / preserve map. According to FFWCC records, the site has been active for at least the last 7 years with nest being constructed in two different trees. The current nest was constructed in 1995 and the original nest tree was cut down in 1997, the nest had already fallen. The parent birds fledged one hatchiing in 1998 -99 and two young during the survey period. The nest is located in a dead and rapidly deteriorating Slash Pine tree on the western portion of the property. The tree is located between a small saw grass marsh area and the bay forest / mangrove swamp. The birds have an open view to the water over the tops of the mangroves to the west. Almost all of the established trees between the nest tree and Vanderbilt Drive have died, mostly due to a fire that occurred on the property several years ago so the birds also have a relatively unobstructed view of Vanderbilt Drive. Due to the condition of the tree, It is not expected that the eagles will continue to use the nest more than a couple of more years at the most It is more likely that a storm with heavy winds will either destroy the tree supporting the nest, or destroy the nest itself. It Is not dear where the eagles will try to construct a new nest if this occurs. Specific observations were made during the past two nesting seasons to note flight patterns and feeding behavior around the nest. These observations showed that flights into and out of the nest were predominately to the south and south-west from the nest tree. Several other dead pines around the nest served as perches for the parents during the nesting season. An effort was made by the parent birds to construct a new nest adjacent to the existing marina early in the '99-'00 season, however, these efforts were unsuccessful. 2.2 Biology and Habitat Requirements The bald eagle is the largest raptor that breeds on the peninsula of Florida, with a wingspan of about seven feet. Body plumage is dark brown with the head and tali a distinctive while. Juveniles are brown -black and fully develop the white head and tail by the age of five or six. Eagles typically nest close to water with their diet comprised mainly of fish but supplemented with a variety of vertebrates including birds and turtles. Thus nests must provide prey opportunities in the vicinity, good visibility and a clear flight path. Nest laying begins in early fall and the cone shaped nests can be 6 feet , Agenda Item No. 10A Septem ei 1 a, 2004 Page 4-4 of 52 Bald Eagk Habitat ManagsnmW Plan COCOHATCHEE Sections B. 18, 17, & 20, Township 48 S, Range 25 E. Cofer Courdy. Turrel! & Associates, Inc. August 2000 across and 6-8 feet deep, lined with soft materials. Most commonly, liiving pine or cypress trees are chosen where some canopy remains above the nest. The ratio of water to land edge is one of the most Important considerations and so long as prey density does not diminish, habitat suitability of an area remains constant. Egg laying peaks in early December and clutches usually consist of one to two eggs with incubation of approximately 35 days. The young fledge after 10-12 weeks although parental care may continue a further 4 to 6 weeks after this. Most of Florida's eagle pairs are year round residents while the young are migratory. In addition to the nesting tree, diurnal perch sites are an important part of the eagle's territory, when, during the non - nesting season, perc Nng may take up 74-83% of the day (FWS). Selection is similarly based on how much prey is available In the vicinity and how well the bird can see it, thus perch sites are typically trees bordered by an open area such as river or lake banks. As a top predator eagles are vulnerable to the build up of contaminants in the food chain. Population size was severely affected by the use of the pesticide DDT (now banned), which reduced reproductive success by thinning eggshells, lead and mercury poisoning are on -going concerns. Multiple disturbances by humans of nesting birds has been shown to lead ultimately to nest abandonment Spatial and temporal isolation from the nest site and feeding areas are components of species management plans. Given the general requirements for the ecological success of the eagle, an overview of how development on the project site will allow continued habitation is provided below. 4.3 Site Development Considerations and Species Management Protocol The current site plan calls for development of a golf course only with an option to conduct future residential construction should the site conditions or management techniques change to allow it It should be noted that existing flight paths are predominantly to the south and south -west and a far greater area of preserve extends from the nest tree to the west, keeping the site in a similar configuration to how It is currently utilized by the birds. The main foraging area is the Wiggins Pass estuarine system which is designated as Outstanding Florida Waters, 280 acres of which will be deeded by conservation easement to the South Florida Water Management District preserving this habitat In perpetuity. �,cnda Item No. 131A September 14, 2004 Pa 2 45 rf ^2 Bald Eagra Habiad ".QweAicn7 plan COCOHATCHEE Sections 8, 16, 17, & 20, Township 48 S, Range 25 E, Gooier County. Turrell & Associates, Inc. August 2000 The Habitat Management Guidelines outlined in the Recovery Plan for the Southeastern States Bald Eagle call for a primary protection zone, except under unusual circumstances, extending 750 to 1500 feet outward from the nest tree. The precise distance being dependent upon the proximal and spatial configuration of critical elements such as the nest tree, feeding area, and roost trees. No residential, commercial, or industrial development, logging or mining should occur within this zone. The site plan for the golf course as proposed projects into the 750 foot primary zone to the east of the nest tree. It Is not anticipated that this will adversely affect the eagles because of the existing circumstances of the site. There are no existing living trees within this area and the birds currently have a relatively unobstructed view of Vanderbilt Drive. The golf course would remove some of the dead snags left in the area but observations over the past two years have shown that these snags are not utilized by the birds for roosting or perching. Also, flight paths into and out of the nesting area were in the opposite direction and not over the area proposed to be impacted. A screen of living vegetation will be planted between the golf course and the nest site to block views and sounds of the golfers from the nest. This action would result in a buffer of approximately 530 feet to the east of the nest. A buffer of 750' would be maintained to the south and north of the nest, and no impacts are proposed to the west between the tree and the Gulf of Mexico. To minimize disturbance during the important nesting period, a greater buffer zone of 1500' in radius will be established and maintained during site construction activities. No construction activities will take place within the 1500 -foot zone during the nesting period which runs from October 1 through May 15. Incorporated throughout the site is an education plan consisting of signs and posters located at golf hole tees, with information and pictures of the habitats and species located in the vicinity of each hole. In this way players and residents will gain knowledge and an appreciation of the system as they progress through the course. The eagle will be highlighted at the appropriate location with details on the species biology, ecology and conservation status. f :agenda Item No. 1 ;" September 14, 2004 Page 46 v-1 ' STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2000 -88 Which was adopted by the Board of County Commissioners on the 12th day of December, 2000, during Regular Session. WITNESS my hand and the official seal of the Boarder o County Commissioners of Collier County, Florida, this ist�- da)C of December, 2000. DWIGHT E BROCK Clerk of Courts and Cljet)� Ex- officio to Board of - - ':....... County Commissioners By: Ellie Hoffman, Deputy Clerk Agenda item No. 10a, Se_;tem4er 14, 2004 pt�Et1T OF TyF Saa'w..�r�ri G 2 run & ivua ma United States Department of the Interior FISH AND WILDLIFE SERVICE . H 9 South Florida Ecological Services Office4,d 1339 20`" Street Vero Beach, Florida 32960 July 14, 2004 Laura Roys Collier County Environmental Services 2800 North Horseshoe Drive Naples, Florida 34104 Service Log No.: Date Received: Proj ect: County: Dear Ms. Roys: RECEIVED JUL 19 2oa4 4- 1 -03 -F -1038 May 24, 2004 Kinsale Condominium Phase I (also known as Cocohatchee Development) Collier The Fish and Wildlife Service (Service) has received your letter dated May 20, 2004, requesting technical assistance on a nest of the threatened bald eagle (Haliaeetus leucocephalus), Florida Fish and Wildlife Conservation Commission number (FWC) CO -19, in association with the proposed construction of a condominium. This letter responds to your request for technical assistance. PROJECT DESCRIPTION The Service believes that the proposed 17 -story condominium referenced in your letter (Kinsale Condominium Phase I) is a component of a larger project proposed by Cocohatchee Partners Limited. Because the project involves impacts to wetlands, Cocohatchee Partners Limited has applied to the U.S. Army Corps of Engineers (Corps) to obtain a permit to fill wetlands under Section 404 of the Clean Water Act (33 U.S.C. 1344). The Service has consulted with the Corps on this project and reviewed the entire project. Based of -.. our consultation, it is our uriderstanding that the project consists of2he-- construction of 5 high -rise condominiums (each 15 to 20 stories), a social and fitness center, a golf,ddA4ng range, tennis courts, guest cottages, parking areas, and stormwater management facilities on a 111 acre project site. The applicant also proposes to construct a 35 -slip marina. Construction activities associated with the project will impact 1.52 acres of fresh water wetlands. To compensate for impacts to wetlands, the applicant has proposed to purchase mitigation credits from an approved mitigation bank. The project site is located north of Wiggins Pass Marina, Sections 8, 16, 17, and 20, Township 48 South, Range 25 East, Collier County, Florida. TAKE PRIDE® INAM ERICA —� Laura Roys 7 A ge,t�CJ a ILe.m iNc.. 10.A e ;ia "er 14. 2004 aye 40 ti 52 Page 2 A bald eagle nest, FWC number CO -19, occurs within the project footprint. Project plans call for the construction of four of the five proposed high -rise condominiums to be constructed within the primary zone (within 750 feet) of this nest. Construction will eventually occur within 30 feet of the nest tree. THREATENED AND ENDANGERED SPECIES As indicated above, a bald eagle nest (FWC number CO -19) occurs within the project footprint. You have requested clarification on the Service's Habitat Management Guidelines for the Bald Eagle in the Southeast Region (Guidelines) (Service 1987, see http: / /northflorida.fws.gov/ BaldEagles/Documents /eagle - habitat.pdf) with respect to this project. We have listed your questions followed by the Service's response. (1) What are the areas the Service defines as the Primary and Secondary Zones for this eagle? For nest CO -19, the Service has defined the primary zone as all lands within 750 feet of the nest tree, and the secondary zone as all lands extending from 750 feet to 1,500 feet of the nest tree. (2) How were these zones defined? The protection zones are defined in the Guidelines. The Guidelines are recommendations to developers, landowners, and others on how to minimize the adverse effects of potential actions on bald eagles. The Guidelines were prepared by the Service in consultation with all the southeastern State wildlife agencies and a number of bald eagle experts. To protect nesting bald eagles, the Guidelines reference the establishment of two standard protection zones for bald eagle nests. As indicated above, the primary protection zone includes the area within 750 feet of the nest, and the secondary protection zone includes the area extending outward from 750 to 1,500 feet from the nest tree. (3) What land use restrictions are recommended within these zones? In general, residential development, land clearing, and use of chemicals toxic to wildlife are prohibited within the primary protection zone. Development activities are permitted within the secondary protection zone but should be restricted to the non - nesting period, May 16 through September 30. (4) What part of year are these activities permitted? If development is proposed within the secondary zone during the nesting period, October 1 through May 15, then the nest site should be monitored (based on Service Protocol) to determine if activities are disturbing nesting bald eagles. Sec,fember 14, 2004 P?Q2 49 52 Laura Roys Page 3 Please be aware that the Guidelines are not a legal statute, but rather provide recommendations to the public on how to avoid adverse effects to nesting bald eagles. The object of Guidelines is to allow for actions to be designed that do not result in the incidental take of bald eagles. The Service believes that activities consistent with the Guidelines will not result in the take of bald eagles. Conversely, activities that are inconsistent with the Guidelines could result in changes in eagle breeding, feeding, or sheltering behavior that may result in "take" of bald eagles. The term "take" means to harass, harm, kill, capture, or collect. The "take" of a federally listed species, without a permit or incidental take statement issued by the Service, is prohibited under the Endangered Species Act of 1973, as amended (ESA) (87 Stat. 884; 16 U.S.C. 1531 et seq.). The take of a federally listed species can be permitted by the Service under ESA provided that the action does not jeopardize the existence of the species. Cocohatchee Partners Limited has proposed the construction of condominiums within the primary protection zone of eagle nest CO -19. As indicated in the project description, the project will result in impacts to wetlands. Consequently, to proceed with the project, Cocohatchee Partners Limited is required to obtain a permit from the Corps. Section 7(a)(2) of the ESA states that each Federal agency shall, in consultation with the Secretary of Interior (as represented by the Service), ensure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of a listed species. The Corps has consulted with the Service and determined that the project proposed by Cocohatchee Partners Limited is "likely to adversely affect the bald eagle." The Service's review of the project found that the project was not consistent with the Guidelines and likely to result in the "take" of nesting bald eagles. In a letter dated September 16, 2003, the Corps requested that the Service initiate formal consultation as required in the regulations governing interagency consultations (50 CFR § 402.14). The Service reviewed the project and provided the Corps with our Biological Opinion dated February 27, 2004. In our biological opinion for the project, the Service reviewed the effects of the action and found that the project, as proposed, "is not likely to jeopardize" the continued existence of the bald eagle. The biological opinion also included an Incidental Take Statement (ITS). The ITS anticipated that the project would result in the take of bald eagles in the form of harm or harassment to adult bald eagles, their eggs, or their young at nest CO -19. The ITS also authorizes the legal take of bald eagles incidental to the project. When providing an ITS, the Service is required to give reasonable and prudent measures it considers necessary or appropriate to minimize the take along with terms and conditions, that must be complied with, to implement the reasonable and prudent measures. The reasonable and prudent measures for the project were listed as follows: 1. For the duration of the project, the applicant must take all necessary steps to minimize the potential for incidental take of bald eagles during each nesting season. During the construction of the project, the applicant must make reasonable effort to prolong the integrity of the bald eagle nest tree, the nest, and the surrounding habitat. Laura Roys Agenda 1'em No. 10A e I .Z; 14, 2004 Page 50 ci 52 Page 4 2.. Upon the onset of the nesting season each year of construction (October 1), the applicant must initiate monitoring according to Service draft monitoring guidelines, to detect the presence of bald eagles on the project site and, if present, any abnormal bald eagle behavior, since site work and building construction within the primary zone is proposed to occur during the nesting season. This monitoring consists of 4 hours per morning, for 3 days per week while construction is occurring. The Terms and Conditions for the project listed in our original biological opinion are as follows: 1. In the event of project implementation, the entry road, stormwater pond, parking area and golf club house areas will be cleared and constructed in the first non - nesting season (May 16 through September 30). Exterior construction of the golf club house would also occur in the first non - nesting season. 2. Land clearing and the initiation of construction of condominium number 5 also would be initiated in the non - nesting season (May 16 through September 30). However, construction of this 15 -story building which is anticipated to take about 2 years to complete, would not be limited to the non - nesting season. The staging area for building number 5 would be at the future location of building number 1. Site clearing for the staging areas would occur in the same non - nesting period. 3. In the second non - nesting season, construction of the remaining recreational facilities east of the access road (i.e., fitness facility, social facility, pool, cottages, and tennis areas) would be initiated and exterior construction completed. These facilities are intended to be operational upon completion of the 2 -year construction phase for condominium number, 5. 4. Land clearing and the initiation of construction of the 20 -story condominium (number 4) likely would begin in the next non - nesting season, depending on economic conditions. The pad for condominium number 1 would again serve as the staging area for condominium number 4. The applicant agrees that the start of construction of condominium numbers 5, 4, and 1 would be initiated only in the non - nesting season(s). The construction start dates of these condominiums likely would be in consecutive non - nesting seasons, but could be delayed based on the economy. Based on our recent discussions with the Corps and the applicant, we have agreed to amend our biological opinion to include the following two additional terms and conditions: 5. The initial construction of condominiums numbers 2 and 3 can be initiated only during the non - nesting season (May 16 through September 30). However, construction activities can carry over through the nesting season until the construction of each condominium is completed. Laura Roys 2 u lci Nlo. J OuA ace of -52 Page 5 6. The applicant has agreed to purchase and preserve an offsite bald eagle nesting territory prior to the initiation of construction activities for the project. Securing a territory may be in the form of fee simple title or a conservation easement to. be granted to an acceptable third party. The territory must include sufficient area to accommodate alternate nest trees in the event that the primary nest tree is lost. The applicant will use best efforts to locate and secure a territory in Collier County, but reserves the right to search elsewhere if an acceptable contract cannot be secured in Collier County. Site selection criteria are as follows: • Preference will be given to selection of a parcel that presently supports active nesting by bald eagles, but a parcel that supports suitable habitat for attracting and supporting nesting bald eagles may also be considered acceptable. • Preference will be given, but not limited to, selection of a parcel of suitable habitat that has been selected and ranked as a conservation priority for preservation by agency process. • Proximity to other conservation lands being managed or identified for preservation and management, proximity to foraging areas, size, cover types, and presence of other species of conservation concern will be considered for selection of a parcel of suitable habitat for nesting bald eagles. We are currently drafting a letter to provide to the Corps that formally amends our biological opinion to include all the terms and conditions referenced above. Through delivery of the original biological opinion and the letter amending the biological opinion, the Service has completed our consultation with the Corps under the ESA on the project proposed by Cocohatchee Partners Limited. It is also important to note that the nest tree is also protected under and the Bald and Golden Eagle Protection Act (16 U.S.C. §§ 668 -668d, June 8, 1940) as amended 1959, 1962, 1972, and 1978. Thank you for allowing us to provide our technical assistance and for your cooperation and effort in protecting federally listed species. We have coordinated our comments with the FWC in Tallahassee (Daniel Sullivan). If you have any questions regarding this project, please contact Brad Rieck at 772 - 562 -3909, extension 231. Sincerely yours, James J. Slack '11:� Field Supervisor South Florida Ecological Services Office v I . Laura Roys Agenda liem N 1 September, 14, 20,0.4 c, . --,g e 52 DT ^2 Page 6 cc: DEP, Tampa, Florida EPA, West Palm Beach, Florida FWC, Punta Gorda, Florida FWC, Tallahassee, Florida (Daniel Sullivan) LITERATURE CITED U.S. Fish and Wildlife Service, 1987. Habitat Management Guidelines for the Bald Eagle in the Southeast Region. Fish and Wildlife Service, Region 4, Atlanta, Georgia. Agenda Item No. 106 September 14, 2004 Page 1 of 0 EXECUTIVE SUMMARY Recommendation to ratify Emergency Purchase Orders issued by the Public Utilities Division for the collection, transportation and processing of Hurricane Charley related biomass, for the rental of emergency equipment used by the Wastewater Department for hurricane munt of $1,and for the approval of related budget amendments in the estimated CONSIDERATIONS: To piOwastewater hurricane rrelated expenditures hurricane e as and to obtain debris removal expenditures, Board ratification of Emergency Purchase Orders issued for these services. The current estimated cost for these services is approximately $1,307,500. This cost covers eight (8) Emergency Purchase Orders, issued by the Public Utilities Division: 1. $33,100 to Phillips & Jordan, Inc. for rental of generators; 2. $99,400 to Phillips & Jordan, Inc. for rental of pump -out trucks; 3. $45,000 to Phillips &JJOrrdan, I Inc. for removal of debris from thedCity of Marco 4. $50,000 to Phillips Island's staging area; 5. $50,000 to Phillips & Jordan, Inc. for removal of debris from the right -of -ways on Marco Island; 6. $350,000 to Phillips &Jordan, Inc. for removal of debris from the southern half of the unincorporated area of the County; • 7. $500,000 to Waste Management of Florida, Inc. for removal of debris from the northern half of the unincorporated area of the County; and 8. $180,000 Waste Management of Florida, Inc. for hurricane debris related services at the Naples Landfill. These services include staging, processing (chipping) and transfer of the materials to another site outside the County. The winds and rainstorms associated with Hurricane Charley on Friday, August 13, 2004 caused considerable damage to trees and other vegetation in the unincorporated areas of Collier County. Damage is most extensive in the western parts sections County. of Tree and r vegetation damage occurred throughout the County, but the Boulevard were the hardest hit. The hurricane also caused numerous power outages throughout the County, which had a material impact on the ability of lift stations to process raw wastewater forward in the wastewater collection system. Due to the large number of lift stations affected by the hurricane related power outages, the Wastewater Department initiated an action plan to shuttle generators from lift station to lift station to maintain operations during the outages. In addition, specialty trucks were needed to: Pump -out the raw sewage in the more severely over - loaded lift stations; and, . To transport the raw sewage to the processing plants. 1 janda !tem Flo. 108 Sactamcer 14, 2004 Page 2 of 0 The County has sufficient generators and specialty trucks to sustain operations during normal power outage situations, but not enough to cope with the large number of power outages caused by Hurricane Charley. The County rented additional generators and specialty trucks to sustain operations during the periods of power outages from August 13 to August 18, 2004. Throughout the County, trees were uprooted and branches and tree limbs (large and small) were broken off and dropped to the ground. A significant amount of smaller vegetation, such as small trees, shrubs, hedges and plants suffered extensive damage. Collier citizens have been cutting tree trunks and branches into manageable lengths and hauling the debris to the curbside. The piles are both curbside and in the streets. Timely removal of this hurricane related debris is necessary to provide access for emergency vehicles and to eliminate any immediate threats to lives, public health and safety. County staff estimated there was approximately 4,000 tons of hurricane related yard debris, on the ground and in the right -of -ways of the unincorporated area of Collier County, to be collected and transported to the Naples Landfill. The County's action plan to collect and transport hurricane related debris to the Naples Landfill included the prioritization of areas where debris needed to be collected and ensuring that the areas with the most extensive damage be collected first. County staff initiated a post -storm review of every residential area in the unincorporated area of the County and developed a prioritized schedule of collection for each area. The County was divided into two geographic zones (North and South) for control of the debris removal activities. Pine Ridge Road and Golden Gate Boulevard divides the North and South zones. The estimated time for collection and transportation to the Naples Landfill of the hurricane related yard debris in both zones is approximately two weeks, including Saturdays and Sundays. The projected completion date for this effort is August 30, 2004. Operating hours for the Naples Landfill, the Collier County Recycling Centers and Utility Billing and Customer Service have been modified to accommodate the removal and collection effort. The large quantity of hurricane related debris, currently estimated at 4,000 tons, is being temporarily staged at the Naples Landfill space designated for normal horticulture storage and process flow. The additional storage requirements from hurricane related yard waste will significantly impact and stress the landfill's handling and storage capacity. The Florida Department of Environmental Protection has provided to the Florida Landfill Operators, guidance for the establishment and operation of staging areas for debris management. An Emergency Purchase Order was issued to the Naples Landfill Operator for the expedient chipping and transporting of hurricane related yard waste to another site situated in Florida pursuant to the Landfill Operations Agreement and the "Contingency" Disposal Capacity Agreement executed by the Board on June 12, 2001. 2 �jchiC!7 !i ar! �Nv. i'i The Board of County Commissioners approved on November 13, 2001, competitively procured Hurricane Disaster Debris Removal Services from Phillips & Jordan, Inc. (P&J) under Contract 00 -3038. Within 72 hours of Hurricane Charley's landfall, a number of Emergency Purchase Orders were issued to P &J for: 1. Rental of emergency generators to run lift stations ($33,100); 2. Rental of trucks equipped to pump -out overflowing lift stations ($99,400); 3. Removal of hurricane related debris resulting from uprooted trees falling into and blocking roads. The County's Transportation Division staff cut trees blocking roads and piled the debris on the County's right -of -way. The purchase order was issued for the collection and removal of these trees ($45,000); 4. The City of Marco Island requested the County's assistance in the removal of hurricane related yard waste debris from within its City limits. The City established a staging area near Collier Boulevard for City employees, citizens and contractors to place hurricane debris. An Emergency Purchase Order was issued to clear and transport the approximate 700 cubic yards of debris from this staging area to the Naples Landfill ($50,000); 5. Clearing debris from the curbside and right -of -ways in the City of Marco Island ($50,000); and, 6. Collection and transportation to the Naples Landfill of hurricane related yard waste debris from the South geographic zone except for the City of Marco Island �-- ($350,000). To meet the projected cleanup completion date of August 30, 2004 for the estimated 4,000 tons of hurricane related yard waste debris, staff is using the Board approved Disaster Recovery Contractor (P &J) and one additional contractor who could rapidly mobilize sufficient debris removal equipment. Staff authorized Waste Management Inc. of Florida (WMIF), to mobilize assets and to begin hurricane debris removal from the North geographic zone. An Emergency Purchase Order was issued to WMIF for this hurricane related yard waste removal service. The WMIF proposal for these services, which is attached, ensures that the County will receive a 100 percent ( %) credit for money the County pays to WMIF for normal yard waste collection services. The credit the County will receive is 54,226 per day or $25,360 per six -day period. A significant portion of these costs, are considered eligible for FEMA reimbursement. Both P &J and WMIF are required to provide to the County FEMA approved documentation for their services. FEMA staff assigned to Collier County has trained county staff and FEMA approved procedures and controls have been implemented to assure eligibility. County staff serves as monitors during the collection, transportation, scale house activities and staging operations. 3 Agenda Bern tic. 106 September 14, 2004 Page 4 ci 9 The County Attorney's Office, the Clerk's Office, the County Purchasing Department and the Bureau of Emergency Services' Director have participated in the procurement process of these hurricane related yard waste debris removable services. All Emergency Purchase Orders were issued and are now being reported to the Board in accordance with Section XX of the Board's purchasing policy. Approval of this agreement by the County Manager is subject to formal ratification by the Board of County Commissioners. If the Board does not ratify the decision by the County Manager, this agreement shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by the Board. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. FISCAL IMPACT: The fiscal impact associated with these Emergency Purchase Orders is $1,307,500. The costs should be paid from the Emergency Measures Cost Center established in the General Fund of the County. Budget amendments will be processed to appropriate $1,307,500 from the General Fund reserves to the Emergency Measures Cost Center in the General Fund. �. RECOMMENDATION: That the Board of County Commissioners ratify the eight (8) Emergency Purchase Orders and associated scope of work issued by the Public Utilities Division to P &J and to WMIF for the collection, transportation and processing of Hurricane Charley related yard waste debris, for the rental of emergency equipment used by the Wastewater Department for hurricane activities and authorize the processing of related budget amendments. 4 COLLIER COUNTY = °�w��~°°��~�~= ~--. __ _G.d~ =_I.~°._°=�~ _~Em"°— O'd~��y��=��~ °~~—_-��~�ft°~°~~D~~~�~~~~~~�.°� ~~~_,�__ ., ~~~°,.""^= " "~ m~ ^pp_°BY "~ ,'~~~~.°~ ^pp~."~ "~ App—d BY � .',~~.".~ App,—d~ .~~~~~ �~ �°..,.-..... � ^~°....''. .kpp,.~^w ^ , ~~ App,—"By "~ ^pp._ BY ~.~-~ "~ 43 PM ^"~."", ~~ *p--"~ � ~p,.-^ By ^~..'.~ � f ! s ss Augast '17; , 2004 Mr. John Ycnkosky Utility Billing and Customer dery ce Director Collier Count;, Naples Fl 34104 Dear Ali_ Y onkoskv: This is a written proposal to provide Collier County wit`s assistance to collect and trar_sport storm event '(Hurricane Charley) horticultural debris from the curbside to the Collier County Lardill_ Waste Management ffivf) currently provides weeky hortlicultural collection to Collier Co-ar_ty residents. In order to prevent duplicate payment for collection services ,normal and storm event), WY1 will provide a credit to the County against storm even collection costs. The credit wall oifsec .revenues the County pays WN -1 for nor nai ya d waste coilecL,ion.. The cr °dit `- r1 «fill give Collie- Counri is based on the following data. Current servic: for yard waste collection is paid at a rate of 30 per unit per Dick up and is based on 84,535 curbside units receiving collection services each week. Both the County and WM agree on =he methodology used *o- this calculation. The weekly contra=al revenue paid to Waste Management by Collier Coin ry is $25,3603 or $4,226 per day. Agenda item No. 1 OB September 14, 2004 Page 6 of 0 WIN[ will continue to provide the normal level of service during the collection effort for storm event debris. Normal collection service, including yard waste, per the existing contract will continue regardless of any credit we are riving Collier County. Considering the enormous task o` collecting and transporting the current amount of storm event horticulturaj material that is currently at the curbside, W-M proposes the foflow-ing level of service to Collier County. Wtil estimates working from Gam — 6pm each. day, while keeping all of our Co=ercial Drivers within 72 Hour Department of Transportation Regulations (ti-ziess this is waived). Sunday storm related collection s= rv102s wou.d be provided, at the discretion of the County. Sunday _ cc1'ection services are ava!ilabie uti'_izina our current fleet of vehicles. 1.. _ _.. Agenda item No. 1 OB September 14, 2004 Page ; of 9 Lti'vt will provide the follow rg equipn�er_t to assist in debris removal fzern t e County roadways, "rlonday tl,�u `atur day (and Sunday, if necessary). in_ a, g,.ut �0, 2004: r the t,,,ro -week pe -iod end' • 2 -100 yd transfer trailers Roll o f r vehicles with containers i Loaders • 3 2 Backhoes • 4 Rear ''oad vex icles • 1 Claw vehicle Dae to the enormous piles that are currently at the street, roll -off containers, loaders, and bac ",shoes will be the quickest and most cost effective solut on to remove the debris. �v�'1 uii_l deploy assistance from additional Nk "vl Districts around he State of Florida and hire third party contractors, as appropriate, to assist us with this effort - All material be transferred to the Collier County Landfill and be tracked collet ed w-:ll .:_- - as _-- tunslane nlatena. i proposing OSing t0 bill tov the yard or each yard disposed of at the :andfzll, rear load vehicles will be b_ll.d at 125 yd per load based on a S to I :ompaction ratio on a 25 yd body, at The end cf each business day WM z°;lI prepare a dad '� Or_Csheet to est >atll.sa the total yardage delivered to "1 ?e lari l 11 a 1C1 coordinate 'vUltll th L.Oililty on the nett bUS'11eSS day. The rate to collect and transport =.he horticult'aral material would be billed at I ' :. G per yard deliverer to the Maples Land- 11. It is understood that a yard is equal or equivalent to 119 pounds for invoicin¢ purposes. `VM w-111, invoice on a daily basis and WW1 wil' deduct $4,226 per day from the daily inveicc, which will offset the daily cast of 'he curreni and normal collection service. Sunday storm related collection services do not qualify for the credit. The price quoted and ageed upon, includes 'cut is not limited to the following categories of cost: • pji labor (operators; laborers, and supervisors); • All materals necessary to complete the project; • YVages, bene5ts, insurance, sa`:ety equipment, parts; supplies, equipr went maintenance, repairs, fuels; lubricants, cellular phones, hot.sing transportation, mobiliza�ion and demobilization. insurance rea a ircnients contained in t.1e existing contract will be auoiicabie 10 this contract. i ii i5 CUr estJ_ma -Lor there is a :)-rToxima�elt ,t,00 tons Cf - nateZ-al at Cur s'de anCi it wiollld raise Sri est r`laleC. '70 - LS C3',s t0 rc-uicve the de� Cr d cOuIntywtde bas's t � ul�i�.�erstaiids -Lhat trie Count- 'nte:ds to cl. ste n relate , dlel:rs l,y Au_?ust 0, 2004 and rnav use other contractors assist in diis of -ort. \vE'1I bas a primar responsibility tz) collect a transpor-t storm -eJ-A cebris from the Genera: areas that are north of Pi Ridge Road lter,,iimaii_ g at SR951'1 and Golden Gate BOuleL,c l;.ei-minatL'�Ig at the Easterly bouncary of District 1, _n the current COL'ecti contract. riffs desimated area inclucCes the Twin -Eagle service area. i - 0urlt✓ i1as Ll7e opL1or of des1,��.,T�'at =z additional COE. -I,CTi areas. `d�aii1 al .storm related collecdor services beyond .kuaust 30, 2004 would be subject -:o furthe. negctiatioiz. 7.i-is agreement include; store related services orcvided by WNI to Collier County from. Sunday, August 15, 2C04. Co- ordination of ,;c_ t1_ t 11,c tlmir-, acid the locations of areas �subdivisions, (��.her u_har and raral area.,) to be provided stor , reJ.ated deb-,-,s collection will i)e a Joijil et;.Orr. et`ivec, ! Z,-'A,'l a-7C Cle, designa,ed L our =ty stPf ' i ',/I will w3rk with Ali COI n Ori CoMpic"Mg da _v Fed,e, -al Emergency 'vf na<,cmcm Agency (171 vl_ ) paperwork, to [rack: The Ca,--,; hours worIceG and -he location of tl7.e area tiiat the c:n prove-, worked :n. T.f 1i you leave an�� questions reLardin,g this prouosal, rlease feel free to contact me at 253- '!S63, Was-c kfanagemert looks forward to working with the County on this cleaxiur effort. Sincerely, /�iG� —L� Larry �er� District Mfmager -Agenda Item No 1 ,2 r 14 2004 Septembe, MER' `-Cy PU RICHASE ORDER age 9 0419 EIP,C. !z� DELIVERY SITE PT tl L DE. NAMIE VENDOR CODE TERMS COMMENTS —,Q -7) 6- C C AGENDA DAT E:: (if over $25,000) DISCOUNT TOTAL ra C- 7 DEPARTME HEAD DIVISION ADUNIST -ATOR HASI46 DIRECT OR THIS FORM SK.-A.LL MOT BE 'USED UNDER ANY Z7 CIRfCUMST,A.,NCES WITHOUT THE PRIOR APP- ROVAL OF THE PURCHASING DEPARTMENT. C01UNTY MANAGER '8:APPRQVAL c Goldenrod - Ourcha-sing vvhiie -Vendor japartment Pink - Finance Agenda item No. 10C September 14, 2004 Page 1 of 5 EXECUTIVE SUMMARY Staff update to the Board of County Commissioners on the status of requests for exemptions and variances to the Land Development Code (LDC) for Center Point Community Church, Carson Lakes Phase II and Naser Medical Office continued from the July 27, 2004 Board of County Commissioners meeting OBJECTIVE: To update the Board of County Commissioners (BCC) on the status of two public petition requests and one administrative request regarding sidewalks which were placed on the July 27, 2004 Board of County Commissioners meeting agenda and continued by the Board at the request of staff. CONSIDERATIONS: At the meeting of June 22, 2004, two public petitions and one administrative issue were brought forward to the Board and subsequently placed on the July 27, 2004 agenda for discussion. Each item contained a request for deviations and variances from regulations regarding sidewalks. The first applicant representing Center Point Community Church sought an exemption to the Land Development Code for the required installation of a sidewalk on 66`" Street and the required "payment in lieu of' for a sidewalk on Golden Gate Parkway. The applicant's proposed amendment to their approved site development plan brought forth the requirement for the sidewalk installation. The applicants have since revised their proposed site development plan amendment below the threshold that triggers the requirements for sidewalks along 66`h Street. The required sidewalks along Golden Gate Parkway will be reconstructed with the present expansion of the road. No further action by the Board of County Commissioners or the staff is necessary and the matter has been administratively resolved. The second applicant representing Carson Lakes, Phase II, in Immokalee sought Board approval of an existing sidewalk that was built one foot less than the minimum required width of 5 feet to 4 feet. The applicant sought relief from the 5 -foot requirement via the public petition process. Subsequent to the July 27, 2004 meeting, staff advised the applicant that the options for resolving the non - compliance issue were to either apply for a variance under Section 2.7.5. of the LDC or to add the additional one foot of sidewalk to the existing sidewalk to bring it into compliance. The applicant has agreed to apply for a variance under Section 2.7.5. of the LDC. No further action by the Board of County Commissioners or the staff is necessary at this time. The third applicant representing Naser Medical Office failed to construct the required sidewalks, which constitutes a violation of the LDC. The requested relief is not afforded to the applicant via the Board of County Commissioners, but must be handled through the issuance of a notice of violation and subsequently entering into a compliance agreement between . the County and the property owner acknowledging the violation and agreement to abate the same by paying the equivalent cost to construct under "payment -in -lieu of regulations for the amount stated. No ,._ further action by the Board of County Commissioners is necessary at this time. Agenda Item No. 1 (OG Sect -mver 14, 200,4 Page 2 0 it 5 FISCAL IMPACT: For two of the applicants there will be costs to the applicant in terms of application fees and "payments -in -lieu of' constructing required sidewalks; however these should not significantly differ from the actual cost to construct the sidewalks had the applicants complied with the requirements of the Land Development Code at the time of construction. GROWTH MANAGEMENT IMPACT: No impact. STAFF RECOMMENDATION: Staff advises that it is not necessary for the Board to take action on any of these items at this time. N. 11c COLLIER COUNTY "^~~~.��~°"~`~~~��.~�=~~~��^ ~w,pt— ~"r~.�~~=�_~=°��,��^ "~~—, .kpp_~", =~1^.^..= ^pp�~^~ =.1.== App,.,", -.._..~ ^.—~~...,.^..~.~. _. . ^.~ ~'°~~.^~ App--d By ^°~~By App--d By "`=."= :AS . nda +v �;G. Ice, rn i yc. 'C Se p t e i7iO er 41 . 2 0 04 _ ye4o15 COLLIER COUNTY MANAGER' S OFFICE 3301 East Tarniami Trail • Naples, FL 34112 • 239 - 774 -8383 * Fax 239- 774 -4010 June 7, 2004 Mr. Randy Fredrickson General Contractor Sonrise Building Company 3884 Progress Avenue Naples, FL 34104 Re: Public Petition Request to Discuss SDP Amendment for Center Point Community Church Dear Mr. Fredrickson: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 22, 2004, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting_ The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, James V. Mudd County Manager JVMrb cc: Joe Schmitt, CD &ES Administrator David Weigel, County Attorney Agenda Item No. 6D June 22, 2004 c o t t i t c o N L y Page 1 of 2 11em ;Nn.vC; P, e.mLer 141, 00:r Ptige. 5 COLLIER COUNTY MANAGER S OFFICE 3301 East Tamiami Trail • Naples, FL 34112 • 239 -774 -8383 * Fax 239 - 774 -4010 June 10, 2004 Samuel J. Durso, M.D. Habitat for Humanity of Collier County, Inc. 11145 Tamiami Trail East Naples, FL 34112 Re: Public Petition Request to Discuss Sidewalk Variance Within Carson Lakes, Phase II, Immokalee Dear Dr. Durso: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 22, 2004, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F °) of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, James V. Mudd County Manager JVMrb cc: David Weigel, County Attorney Agenda Item No. 6E June 22, 2004 a t t ! A T o K JR �, Page 1 of 2 Agenda !tem No. 1 OD September 14, 2004 Page 1 of 4 Executive Summa Recommendation to review a proposal from Southwest Heritage, Inc., to lease the Naples Depot as a branch facility of the Collier County Museum. OBJECTIVE: To review and evaluate a proposal made to the Board of County Commissioners by Southwest Heritage, Inc. to lease the Naples Depot building and operate and maintain the historic structure as a branch facility of the Collier County Museum. CONSIDERATION: On May 25, 2004 Mr. Lodge McKee, president of the Board of Directors of Southwest Heritage, Inc. appeared before the Board of County Commissioners with a public petition to offer the County a long term lease of the Naples Depot, the associated railroad cars and parking lot, to operate as a branch facility of the County's Museum system at the rate of $1 per year. The lease would be conditioned upon the County agreeing to maintain and preserve the physical and historical integrity of the property. At the Board's direction, County staff subsequently met with representatives from Southwest Heritage, Inc., the Friends of the Collier County Museum, the County Attorney's Office and the Facilities Management Department to consider the practicality, advantages, disadvantages and approximate costs of implementing such a lease agreement. All parties agree that leasing the Naples Depot for this purpose would give the Collier County Museum an ideal, high visibility satellite location in downtown Naples that could serve as a convenient gateway or hub to direct tourists and visitors to the County's three other companion museums. This could introduce the County's Museum system to an estimated 140,000 potential new visitors each year ( based on the approximate number of visitors to the Naples Chamber of Commerce Welcome Center situated nearby) and could significantly boost the Museum's annual visitation and overall appeal to the tourist market, as well as increasing public awareness and support through memberships and contributions. The Friends of the Collier County Museum fully support the concept of using the Naples Depot as a branch facility and feel that its addition to the Museum system would offer enhanced educational and cultural opportunities for the County's residents and school age population, as well as create a new and informative tourist destination in the heart of downtown Naples. The Naples Depot would also provide immediate and additional gallery space (5,000 square feet) and lends itself to both traveling exhibits and permanent displays tracing the history of Naples and Collier County, with a unique emphasis on the importance of transportation to the settlement and development of the Southwest Florida frontier. ,0-- Agenda item No. 101D September 14, 2004 Page 2of4 The Facilities Management Department and a private contractor inspected the Naples Depot property on June 25, 2004 and have determined that the building is structurally sound. However, an estimated $235,000 would be required to correct some roofing, mechanical and settlement problems and to generally bring the Depot up to basic County standards. Facilities staff feels that these repairs and improvements could be addressed over time and do not preclude immediate use of the building. Staff estimates that a minimum of two (2) full time Museum employees would be needed to safely and effectively open and operate the building to visitation on a daily basis. Assuming a transfer date of December 1, 2004, this would amount to $83,993 in salaries and benefits for the first ten (10) months of operation, increasing to $100,821 for the first full year of operation in Fiscal Year 2006. Based on the Depot's previous operating expense history, staff estimates that an initial operating budget of $95,000 would be needed to support daily operations. An additional $75,000 would be required to design and fabricate the initial series of historical exhibits and to make immediate improvements to the gallery areas. These improvements would include installation of new carpeting, ultra - violet light protective film treatment on all exterior windows, and minor modification of the existing overhead lighting in the exhibition galleries. With these improvements and additions, the total budget estimate for Fiscal Year 2005 would amount to an estimated $253,993. This operating model includes keeping Southwest Heritage, Inc. and its Board of Directors intact and actively involved as partners to supplement the Naples Depot Museum's operation with volunteer workers and revenues derived from memberships, charitable gifts, contributions and gift shop revenues to help fund special programs and gradual upgrades and expansion of the permanent exhibitions. Southwest Heritage, Inc. would also work with the City of Naples to maintain and improve the grounds and landscaping, and would continue to fully fund operation of the miniature riding railroad and the Lionel model train room. Staff also believes that grants may be available through the Transportation Enhancement funding program to help offset the cost of a gradual, long term rehabilitation of the Naples Depot to its original configuration and exterior appearance. GROWTH MANAGEMENT: Leasing the Naples Depot would add a fourth facility to Collier County's Museum system and its historic properties in East Naples, Everglades City and Immokalee. The Collier County Museum is currently listed among the 100 most visited museums in the State of Florida. FISCAL IMPACT: The existing museum Fiscal Year 2005 budget is not sufficient for staffing, operating and maintenance of the proposed Naples Depot Museum and therefore would require an additional allocation of Tourist Tax or General Fund revenues. The estimated budget for Fiscal Year 2005 will be $254,000.00. Agenda ltem, i`Jo. 10D September 14; 20()4 Page 3of4 RECOMMENDATION: The Friends of the Museum and staff recommend that we go forward with plans to obtain or negotiate a long -term lease of the Naples Depot with Southwest Heritage, Inc. for use as a branch facility of the Collier County Museum. COLLIER COUNTY sll°�_~.�"==��~�~�~~�. �~~°~�~~""-9- °=.1h, N�le, C-p,l~.bl—^fll+.. °.=^'"...°"..,.~ ^°w= App .~=, ==5 25~ App--d ~ App,—°~ App,—By =.^�. 2.11 11 App ..~ d By ^pp'~^By App--w "~.^~^~~, ""°°.=pl, Agenda Item No. 10E September 14, 2004 Page 1 of 45 EXECUTIVE SUMMARY Recommendation to Approve Three (3) Tourist Development Category "C -2" Grant Applications and Three (3) Tourism Agreements for Naples Botanical Garden $217,650; The Conservancy of SW Florida $100,000; City of Naples $50,000; Totaling $367,650 for FY 05, and Direct Staff to Prepare Amendment to Ordinance 92 -60 as Amended to Include Municipally -Owned Museums for C -2 Grants. OBJECTIVE: 1. To approve three (3) Grant Applications and Tourism Agreements: with Naples Botanical Garden ($217,650), Conservancy of SW Florida ($100,000) and The City of Naples ($50,000). 2. Direct staff to prepare an amendment to Ordinance 92 -60 to include municipally owned museums. CONSIDERATIONS: 1) Naples Botanical Garden Visitor Experience Plan $133,650 Promotion Plan 84,000 TOTAL $217,650 PROJECT/DESCRIPTION: Naples Botanical Gardens submitted a TDC Category "C -2" Grant Application in the amount of $397,505 for expanding the Visitor Experience Plan and a Promotion Plan to attract a projected 15,000 visitors in 2005. Several festivals are also planned. The facility has been receiving funds for four years, and it was recommended and approved by the TDC at their April 19, 2004 meeting to fund only the permanent exhibit part of the Visitor Experience and the entire Promotion Plan at $217,650. It is hoped that the Botanical Gardens Board will continue to seek other public and private funding sources. This project was reviewed and recommended for approval for $217,650 by the Tourist Development Council (TDC) on April 19, 2004. This project was presented at the Board of County Commissioner's (BCC) June 8, 2004 meeting. It was then brought back to the BCC on July 27, 2004 with additional Grant Applications. The BCC requested additional time before voting on this item. 2) Conservancy of SW Florida "Everglades: A Work in Progress" TOTAL PROJECT $100,000 PROJECT/DESCRIPTION: The Conservancy submitted a TDC Category "C -2" Grant Application in the amount of $100,000 to design and build a new permanent exhibit at the Nature Center called "Everglades: A Work in Progress" and a traveling exhibit for loan to other museums in the US. Agenda Item No. 10E September 14, 2004 Page 2 of 45 This project was reviewed and recommended for approval at $100,000 by the TDC on April 19, 2004. This item was presented at the Board of County Commissioner's (BCC) June 8, 2004 meeting. It was then brought back to the BCC on July 27, 2004 with additional Grant Applications. The BCC requested additional time before voting on this item. 3) City of Naples "Naples Preserve Eco- Educational Center" TOTAL PROJECT $50,000 PROJECT/DESCRIPTION: The City of Naples submitted a TDC Category "C -2" Grant Application in the amount of $50,000 for the purchase and installation of educational materials, displays and furnishings for the Hedges Family Visitor Center at the Naples Preserve. Twenty local organizations are "Partners of Naples Preserve ". In addition, there are now six individuals that have pledged $50,000 in matching dollars for this project. This project was reviewed and recommended for approval at $50,000 by the TDC on May 24, 2004, Municipal Museums are not currently eligible for funding under County Ordinance 92 -60, as amended. An ordinance amendment will be necessary if the Board of County Commissioners desires to fund this grant request. This item was presented at the BCC July 27, 2004 board meeting. The BCC requested additional time before voting on this item. FISCAL IMPACT: The FY -05 Tourism Department (Fund 193) budget has $508,300 allocated to C -2 Grants. Funding these three grants for $367,650 will leave a balance of $140,650. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners: Approve three (3) Tourist Development Category "C -2" Grant Applications and three (3) Tourism Agreements for Naples Botanical Garden, The Conservancy of SW Florida and the City of Naples totaling $367,650. Direct staff to prepare an Ordinance Amendment to 92 -60 to include municipally owned museums for C -2 Grants. The Agreement with the City of Naples for $50,000 will be dated the day the BCC adopts this Ordinance Amendment. 1 -- A,d. Item No. 1,E September 14 204 p3ge 3 pt 45 Appl.ld By COLLIER COUNTY 30ARD OF COUNTY ColS10RS leem Number lOt Ihm Summery 7 ,3j T,,_, C >valcpmenl C,teqaY -C-2 Gram Rzccmmandat,un 10 p- >pG�<ascns and 7MK i31 To A9,11.1— f, N*1- S,WA G S217 650 Tire of SV! Fl-d, 5100 ON C,tv of N,V SW MO. Td hN 5367 650 for FY 05 S,,,g w Rep M W 0 92-60 Is —1— 1,,, C ', Gr.- Meelirg Dave 9,14—N N W A&I App d By Approved By Approved By Approved By Appl.ld By A.yenda !Lem No. 10E Seo-tember 14, 2004 Page 4 of 45 2004/2005 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE NAPLES BOTANICAL GARDEN, INC. THIS AGREEMENT, is made and entered into this day of , 200.4, by and between the Naples Botanical Garden, Inc., a Florida not - for - profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan ") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion of tourism in Collier County nationally and internationally, for the promotion and advertising of activities or events intended to bring tourists to Collier County and, inter alia, to construct, extend, enlarge and improve museums owned and operated by not - for - profit organizations and open to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds to fund GRANTEE'S Visitor Experience Plan and Promotion Plan; and WHEREAS, The Tourist Development Council has approved this request for funding with Tourist Development Tax proceeds; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE; and NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: Agenda Item No. 10E September 14, 2004 Page 5 vi 45 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget of the GRANTEE, attached hereto as Exhibit "A ", the GRANTEE agrees to create and implement its Visitor Experience Plan and Promotion Plan, (hereinafter "the Project "). 2. PAYMENT: (a) The amount to be paid under this Agreement shall be Two Hundred Seventeen Thousand Six Hundred Fifty Dollars ($217,650). The GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph 1 herein upon submittal of invoices and upon verification that the services or work performed as described in the invoice(s) have been completed or that the goods have been received. (b) GRANTEE shall determine that the goods and services contracted for have been properly provided, and shall submit invoices to the Tourism Director for review. (c) The Tourism Director shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization for the expenditure[s] described in the invoice[s]. (d) All expenditures shall be made in conformity with this Agreement. (e) Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding documentation such as vendor invoices and proof of receipt of the goods or performance of the services invoiced. (f) GRANTEE shall certify to the COUNTY in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. 2 Agendaa item No. 10E September 14, 2004 age o of 45 (g) The COUNTY shall not pay GRANTEE until the Ex- Officio Clerk of the Board of County Commissioners pre - audits all payment invoices in accordance with law. (h) GRANTEE shall be paid for its actual costs, not to exceed the total amount for any line item nor the maximum amount budgeted pursuant to the attached "Exhibit A ". 3. ELIGIBLE EXPENDITURES: (a) Only eligible the expenditures described in Paragraph one will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October I, 2004 and the expiration of this agreement. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory 3 Agenda item No. ' 01 September 14, 2004 Page , oT 43 (c) The Certificate of insurance must be delivered to the Tourism Director within ten days of execution of this Agreement by the COUNTY. The GRAN'T'EE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. REPORTING: GRANTEE shall provide quarterly interim status reports to County in the form attached to this Agreement as Exhibit 'B ". GRANTEE shall also provide a final status report to County within sixty (60) days of expiration of the Agreement in the form attached to this Agreement as Exhibit "C ". 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph 1. (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 4 Agenda item; No. 10E September 14, 2004 Jage 8 of 4 7. PAYMENT REQUESTS: Payment requests for interim draws and final payment must be submitted to the County in the form of the Request for Funds form attached to this Agreement as Exhibit "D ". All payments are on a reimbursement basis only after proof of paid invoices are presented to the County. County may withhold any interim draw for failure to provide the interim status report, and County shall withhold final payment until receipt of the final status report or other final report acceptable to County. 8. VISITOR OUESTIONNAI RES: GRANTEE shall request that visitors to the Naples Botanical Garden complete the visitor questionnaire attached to this Agreement as Exhibit "E ". All completed visitor questionnaires shall be maintained in accordance with Section 15 of this Agreement. 9. INDEMNIFICATION: The GRANTEE shall hold harmless and defend the COUNTY, and its agents and employees, from any and all claims, suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed hereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the contract price as shown in this Agreement or the GRANTEE's limit of or lack of, sufficient insurance protection. 10. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Ms. Sondra Quinn, President/COE Naples Botanical Garden 4820 Bayshore Drive, Suite D Naples, Florida 34112 5 Agenda Item No. 1 CE September 14, 2004 Page 9 of 45 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Executive Director Naples, Marco Island, Everglades Convention & Visitors Bureau 3050 North Horseshoe Drive, #218 Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this Section. 11. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 12. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 13. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. n Agenda item No. 10E September 14, 2004 Page 10 of 45 14. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 15. AVAILABIH TTY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 16. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 17. TERM: This Agreement shall become effective on October 1, 2004 and shall remain effective for one year until September 30, 2005. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY consistent with the provisions of Paragraph 13 herein. Any extension of this agreement beyond the one year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. The GRANTEE must request any extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. 7 Agenda Item No. 10E September 14, 2004 Pagel 1 of 45 18. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Tourism Director along with a final budget analysis by November 30, 2005. 19. REQUIRED NOTATION: All promotional literature and media advertising must prominently contain the verbiage, "A cooperative effort funded by the Collier County Tourist Development Tax." 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk WITNESSES: (1) Printed/Typed Name (2) Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LE , Chairman Ct17\ 111;1 NAPLES BOTANICAL GARDEN, INC. FM Printed/Typed Name Printed/Typed Title 53 Agenda Item No. 10E September 14, 2004 Page 12 of 45 Approved as to form and (corporate seal) legal sufficiency Heidi F. Ashton Assistant County Attorney CP-. Agreement 2004 Naples Botanical Garden EXHIBIT "A" NAPLES BOTANICAL GARDEN, INC. Project Budget Visitor Experience Plan Promotion Plan $133,650 Total $217,650 aenda Item No. 10E September 14, 2004 Page 13 of 45 Agenda Item No. 10E September 14, 2004 Page 14 c•i 4 Collier County Tourist Development Council Interim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached she k answer the ollowin uestions to idea the status of the protect. Submit this report at least quarterly INTERIM - These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. ➢ ➢ Has the planning of this project started? ➢ ➢ At what point are you at with the planning stage for this project? (Percent of completion) ➢ ➢ Will any hotels /motels be utilized to support this project? i ➢ ➢ If so, how many hotel room nights will be utilized? ➢ ➢ What is the total dollar amount to date of matching contributions? f D ➢ What is the status of the advertising and promotion for this project? ➢ ➢ Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. ➢ How has the public interest for this project been up to this point? UP Agenda Item No. 10E September 14, 2004 Page 15 of 45 EXHIBIT "C" Collier County 'Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX -------------------- On an attached she answer the ollowin estions or each element in your scone of work. Final - These questions should be answered for your final status report. ➢ ➢ Was this a first time project? If not, how many times has this event taken place? ➢ What hotels /motels were utilized to support the project and how many? ➢ ➢ What is the total revenue generated for this event?' ➢ ➢ Total expenses. (Have all vendors been paid) ➢ ➢ List the vendors that have been paid, if not, what invoices are still outstanding and why? ➢ ➢ What is the number of participants that visited the project? ➢ ➢ What is the percentage of the total participants from out of Collier County? ➢ ➢ What problems occurred if any during the project event? ➢ List any out -of- county- advertising, marketing, and /or public relations that were used to support the project and attach samples. ➢ ➢ How could the project been improved or expanded? 17 REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM TO REQUEST# ( ) INTERIM REPORT {) FINAL REPORT TOTAL CONTRACT AMOUNT $ Agenda Item No. 10E September 14, 2004 Page 10 of 45 EXPENSE BUDGET REBIBURSEMENT REQUESTED TOTALS NOTE: Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting systems and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE MLLE err ten" 18 Agenda Item No_ 10E September 14, 2004 Page 17 of 45 EXHIBIT "E" VISITOR QUESTIONNAIRE Thank you for taking the time to complete the following questions. This information will afford us the opportunity to better serve the needs of Collier County visitors. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU STAYING? HOTEL FRIENDS CAMPGROUND NAME OF HOTEL AND CITY: NAME OF CAMPGROUND: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS YOU WILL STAY = HOW DID YOU SELECT THE HOTELJCAMPGROUND? INTERNET YOUR CHOICE TRAVEL AGENT OTHER: NUMBER OF MEALS YOU OR YOUR GROUP will eat out. (Please provide a number determined by the number of people in your party times the number of days of your visit times the number of meals that will be eaten out each day.) AREA ATTRACTIONS YOU PLAN TO VISIT: (Please Circle) Caribbean Gardens, The Naples/Marco Princess Corkscrew Swamp Naples Pier Zoo in Naples Sanctuary Watersports/Parasailing Everglades National Everglades Airboat The Conservancy's Park Tour Nature Center King Richards Fun Park Rookery Bay Seminole Casino Teddy Bear Museum Delnore- Wiggins State Fakahatchee Strand Lake Trafford Other: Please name Park Preserve below PLEASE REFER TO OUR COLLIER COUNTY BROCHURE FOR LOCATION OF AREA ATTRACTIONS. 19 Agenda Item Na. 10E Seetemder 14, 2004 Page 13 of 455 2004/2005 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CONSERVANCY OF SOUTHWEST FLORIDA, INC. THIS AGREEMENT, is made and entered into this day of , 2004, by and between the Conservancy of Southwest Florida, Inc., a Florida not - for -profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion of tourism in Collier County nationally and internationally, for the promotion and advertising of activities or events intended to bring tourists to Collier County and, inter alia, to construct, extend, enlarge and improve museums owned and operated by not - for - profit organizations and open to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds to fund a new exhibit called "Everglades: A Work in Progress" at the Conservancy Nature Center; and WHEREAS, The Tourist Development Council has approved this request for funding with Tourist Development Tax proceeds; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE; and NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: Agenda item No. 10E September 14, 2004 Page 19 of 45 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget of the GRANTEE, attached hereto as Exhibit "A ", the GRANTEE agrees to construct the new exhibit called Everglades: A Work in Progress at the Conservancy Nature Center, (hereinafter "the Project') 2. PAYMENT: (a) The amount to be paid under this Agreement shall be One Hundred Thousand Dollars ($100,000). The GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph 1 herein upon submittal of invoices and upon verification that the services or work performed as described in the invoice(s) have been completed or that the goods have been received. (b) GRANTEE shall determine that the goods and services contracted for have been properly provided, and shall submit invoices to the Tourism Director for review. (c) The Tourism Director shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization for the expenditure[s] described in the invoice[s]. (d) All expenditures shall be made in conformity with this Agreement. (e) Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding documentation such as vendor invoices and proof of receipt of the goods or performance of the services invoiced. (f) GRANTEE shall certify to the COUNTY in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. 2 Agenda Item No. 10E September 14, 2004 Page 20 of 45 (g) The COUNTY shall not pay GRANTEE until the Ex- Officio Clerk of the Board of County Commissioners pre- audits all payment invoices in accordance with law. (h) GRANTEE shall be paid for its actual costs, not to exceed the total amount for any line item nor the maximum amount budgeted pursuant to the attached "Exhibit A ". 3. ELIGIBLE EXPENDITURES: (a) Only eligible the expenditures described in Paragraph one will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2004 • and the expiration of this agreement. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additional insureds (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory 3 Agenda Item No. 10E September 14, 2004 Page 21 of 45 (c) The Certificate of Insurance must be delivered to the Tourism Director within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. REPORTING: GRANTEE shall provide quarterly interim status reports to County in the form attached to this Agreement as Exhibit "B ". GRANTEE shall also provide a final status report to County within sixty (60) days of expiration of the Agreement in the form attached to this Agreement as Exhibit "C". 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph 1. (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 4 Agenda Item No, 'JOE September 14, 2004 Page 22 of 45 7. PAYMENT REQUESTS: Payment requests for interim draws and final payment must be submitted to the County in the form of the Request for Funds form attached to this Agreement as Exhibit "D ". All payments are on a reimbursement basis only after proof of paid invoices are presented to the County. County may withhold any interim draw for failure to provide the interim status report, and County shall withhold final payment until receipt of the final status report or other final report acceptable to County. 8. VISITOR QUESTIONNAIRES: GRANTEE shall request that visitors to the Conservancy of Southwest Florida complete the visitor questionnaire attached to this Agreement as Exhibit "E ". All completed visitor questionnaires shall be maintained in accordance with Section 15 of this Agreement. 9. INDEND IMCATION: The GRANTEE shall hold harmless and defend the COUNTY, and its agents and employees, from any and all claims, suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed hereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the contract price as shown in this Agreement or the GRANTEE's limit of or lack of, sufficient insurance protection. 10. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Joe Cox, Nature Center Director The Conservancy Nature Center 1450 Merrihue Drive Naples, Florida 34102 5 Agenda Item No. 10E 5eWember 14, 2004 Page 23 of 45 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Executive Director Naples, Marco Island, Everglades Convention & Visitors Bureau 3050 North Horseshoe Drive, #218 Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this Section. 11. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 12. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 13. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 14. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to D Agenda Item No. 10E September 14, 2004 Page 24 of 45 the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 15. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 16. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 17. TERM: This Agreement shall become effective on October 1, 2004 and shall remain effective for one year until September 30, 2005. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY consistent with the provisions of Paragraph 13 herein. Any extension of this agreement beyond the one year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. The GRANTEE must request any extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. 18. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Tourism Director along with a final budget analysis by November 30, 2005. 7 Agenda Item No. 10E September 14, 2004 Page 25 of 45 19. REQUIRED NOTATION: All promotional literature and media advertising must prominently contain the verbiage, "A cooperative effort funded by the Collier County Tourist Development Tax." 20 AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA WITNESSES: (1) Printed/Typed Name (2) Printed/Typed Name , Chairman GRANTEE: CONSERVANCY OF SOUTHWEST FLORIDA, INC. Printed/Typed Name Printed/Typed Title T Approved as to form and (corporate seal) legal sufficiency Heidi F. Ashton Assistant County Attorney CP: TDC'Wgreement:2004 ConservancysWFL Agenda Item No. 10E September 14, 2004 Page 26 of 45 Agenda Item No. 10E September 14, 2004 Page 27 of 45 EXHIBIT "A" CONSERVANCY OF SOUTHWEST FLORIDA, INC. Project Budget Marketing Expenses Permanent Exhibit Costs Traveling Exhibit Costs 1 111 Total $100,000 Agenda Item No. 10E September 14, 2004 Page 28 of 4;, EXHIBIT `B" Collier County Tourist Development Council Interim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE• ADDRESS: PHONE: FAX On an attached sheet, answer the following - questions to idegA& the status of the protect. Submit this report at least quarterly, INTERIM - These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. ➢ ➢ Has the planning of this project started? ➢ ➢ At what point are you at with the planning stage for this project? (Percent of completion) ➢ D Will any hotels /motels be utilized to support this project? ➢ ➢ if so, how many hotel room nights will be utilized? ➢ ➢ What is the total dollar amount to date of matching contributions? ➢ ➢ What is the status of the advertising and promotion for this project? ➢ ➢ Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. How has the public interest for this project been up to this point? enda Item No. 10t eptember 14, 2004 Page 29 of 45 EXHIBIT "C" Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: 9r; .� PHONE: TITLE: FAX: On an attached sheet, answer the following questions for each element in your scope of work. Final - These questions should be answered for your final status report. ➢ ➢ Was this a first time project? If not, how many times has this event taken place? ➢ ➢ What hotels /motels were utilized to support the project and how many? ➢ ➢ What is the total revenue generated for this event? ➢ ➢ Total expenses. =Have all vendors been paid! ➢ ➢ List the vendors that have been paid, if not, what invoices are still outstanding and why? ➢ ➢ What is the number of participants that visited the project? ➢ ➢ What is the percentage of the total participants from out of Collier County? ➢ ➢ What problems occurred if any during the project event? ➢ ➢ List any out -of- county- advertising, marketing, and /or public relations that were used to support the project and attach samples. ➢ ➢ How could the project been improved or expanded? 17 �Otl: 1 REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZA,TI ADDRESS CONTACT PERSON TELEPHONE REQUEST PERIOD FROM TO REQUEST# :agenda Item No. 10E September 14, 2004 Page 30 of 45 ( ) INTERIM REPORT () FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REOUESTED TOTALS NOTE: Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL, OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE EXmrr ho„ 18 Agenda Item No. 10E September 14, 2004 Page 31 of 45 EXHIBIT "E" VISITOR QUESTIONNAIRE Thank you for taking the time to complete the following questions. This information will afford us the opportunity to better serve the needs of Collier County visitors. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU STAYING? HOTEL FRIENDS CAMPGROUND NAME OF HOTEL AND CITY: NAME OF CAMPGROUND: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS YOU WILL STAY = HOW DID YOU SELECT THE HOTEL/CAMPGROUND? INTERNET YOUR CHOICE TRAVEL AGENT OTHER: NUMBER OF MEALS YOU OR YOUR GROUP will eat out. (Please provide a number determined by the number of people in your party times the number of days of your visit times the number of meals that will be eaten out each day.) AREA ATTP.ACTIONS YOU PLAN TO VISIT: (Please Circle) Caribbean Gardens, The Naples/Marco Princess Corkscrew Swamp Naples Pier Zoo in Naples Sanctuary Watersports/Parasailing Everglades National Everglades Airboat The Conservancy's Park 'lour Nature Center King Richards Fun Park Rookery Bay Seminole Casino Teddy Bear Museum Delnore- Wiggins State Fakahatchee Strand Lake Trafford Other: Please name Park Preserve below PLEASE REFER TO OUR COLLIER COUNTY BROCHURE FOR LOCATION OF AREA ATTRACTIONS. 19 Agenda Item No, 10E September 14, 2004 Page 32 of 45 2004/2005 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES FOR THE NAPLES PRESERVE ECO- EDUCATIONAL CENTER THIS AGREEMENT, is made and entered into this day of 2004 by and between the City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a Political subdivision of the State of Florida, hereinafter referred to as "COUNTY" WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan ") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion of tourism in Collier County nationally and internationally, for the promotion and advertising of activities or events intended to bring tourists to Collier County and, inter alia, to construct, extend, enlarge and improve museums owned and operated by not- for - profit organizations and open to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds to fund GRANTEE'S exhibits in the Hedges Visitor Center at the Naples Preserve; and WHEREAS, The Tourist Development Council has approved this request for funding with Tourist Development Tax proceeds; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE; and NOW, THEREFORE, BASED UPON THE MUTUAL, COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLy AGREED AS FOLLOWS: Agenda Item No. 10E September 14, 2004 Page 33 of 45 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget of the GRANTEE, attached hereto as Exhibit "A ", the GRANTEE agrees to construct exhibits in the Hedges Visitor Center at Naples Preserve, (hereinafter "the Project"). 2. PAYME NT: (a) The amount to be paid under this Agreement shall be Fifty Thousand Dollars ($50,000). The GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph 1 herein upon submittal of invoices and upon verification that the services or work performed as described in the invoice(s) have been completed or that the goods have been received. (b) GRANTEE shall determine that the goods and services contracted for have been properly provided, and shall submit invoices to the Tourism Director for review. (c) The Tourism Director shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization for the expenditure[s] described in the invoice[s]. (d) All expenditures shall be made in conformity with this Agreement. (e) Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding documentation such as vendor invoices and proof of receipt of the goods or performance of the services invoiced. (f) GRANTEE shall certify to the COUNTY in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. 2 Agenda Item No. 1 QE September 14, 2004 Page 34 of 45 (g) The COUNTY shall not pay GRANTEE until the Ex- Officio Clerk of the Board of County Commissioners pre- audits all payment invoices in accordance with law. (h) GRANTEE shall be paid for its actual costs, not to exceed the total amount for any line item nor the maximum amount budgeted pursuant to the attached "Exhibit A ". 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph 1 will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2004 and September 30, 2005. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILTy $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory 3 Agenda Item No. 10E September 14, 2004 Page 35 of 45 (c) The Certificate of Insurance must be delivered to the Tourism Director within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. REPORTING: GRANTEE shall provide quarterly interim status reports to County in the form attached to this Agreement as Exhibit "B ". GRANTEE shall also provide a final status report to County within sixty (60) days of expiration of the Agreement in the form attached to this Agreement as Exhibit "C ". 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph 1. (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 4 Agenda Item No. 10E September 14, 2004 age 36 of 45 7. PAYMENT REQUESTS: Payment requests for interim draws and final payment must be submitted to the County in the form of the Request for Funds form attached to this Agreement as Exhibit "D ". All payments are on a reimbursement basis only after proof of paid invoices are presented to the County. County may withhold any interim draw for failure to provide the interim status report, and County shall withhold final payment until receipt of the final status report or other final report acceptable to County. 8. VISITOR OUESTIONNAIRES: GRANTEE shall request that visitors to the Naples Preserve complete the visitor questionnaire attached to this Agreement as Exhibit "E ". All completed visitor questionnaires shall be maintained in accordance with Section 15 of this Agreement. 9. INDEMNIFICATION: To the extent permitted by law, the GRANTEE shall hold harmless and defend the COUNTY, and its agents and employees, from any and all claims, suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed hereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the contract price as shown in this Agreement or the GRANTEE's limit of or lack of, sufficient insurance protection. 10. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: David Lykins, Community Services Director City of Naples 280 Riverside Circle Naples, Florida 34102 5 Agenda Item No. 10E September 14, 2004 Page 3; of 45 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Tourism Director Naples, Marco Island, Everglades Convention & Visitors Bureau 3050 North Horseshoe Drive, #218 Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this Section. 11. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 12. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 13. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 2 Agenda item No. 10E September 14, 2004 Page 38 of 45 14. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 15. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 16. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 17. TERM: This Agreement shall become effective on October 1, 2004 and shall remain effective for one year until September 30, 2005. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY consistent with the provisions of Paragraph 13 herein. Any extension of this agreement beyond the one year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. The GRANTEE must request any extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for up to an additional one year. 7 Agenda item No. 10E September 14, 2004 Page 39 of 45 18. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Tourism Director along with a final budget analysis by November 30, 2005. 19. REQUIRED NOTATION: All promotional literature and media advertising must prominently contain the verbiage, "A cooperative effort funded by the Collier County Tourist Development Tax." 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. IN WTI'NESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 0 DONNA FIALA, Chairman ATTEST: TARA NORMAN, City Clerk Approved as to form and legal sufficiency Robert Pritt Attorney for City of Naples GRANTEE: CITY OF NAPLES U-9w BILL B ARNETT, Mayor CP: TMAgreement 2004/2005 Naples Preserve Eco-Educational Center 9 Agenda Item No. 10E September 14, 2004 Page 40 of 45 Agenda Item Na_ 10E September 14, 2004 Page 41 of 45 EXHIBIT "A" NAPLES PRESERVE ECO- EDUCATIONAL CENTER Project Budget Exhibits - includes planning & design, Diorama design/ build, display case systems, presentation boards, interactive mapping, reception desk and brochure 5— center and delivery and installation Total $ 50,000 Agenda Item No. 10E September 14, 2004 Page 42 of 45 EXHIBIT "B" Collier County Tourist Development Council Interim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: TITLE: FAR: On an attached sheet answer the following Questions to identiju the status of the orolect. Submit this report at least quarterlu INTERIM - These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. ➢ ➢ Has the planning of this project started? ➢ ➢ At what point are you at with the planning stage for this project? (Percent of completion) ➢ ➢ Will any hotels /motels be utilized to support this project? ➢ ➢ If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? ➢ ➢ What is the status of the advertising and promotion for this project? ➢ ➢ Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. ➢ ➢ How has the public interest for this project been up to this point? 16 Agenda item No. 10E September 14, 2004 Page 43 of 45 F,X MBIT "C" Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: - On an attached sheet, answer the following questions for gEwh element in your scope of work. Final - These questions should be answered for your final status report. ➢ ➢ Was this a first time project? If not, how many times has this event taken place? ➢ ➢ What hotels /motels were utilized to support the project and how many? ➢ ➢ What is the total revenue generated for this event? ➢ Total expenses. (Have all vendors been paid) List the vendors that have been paid, if not, what invoices are still outstanding and why? ➢ ➢ What is the number of participants that visited the project? ➢ ➢ What is the percentage of the total participants from out of Collier County? ➢ ➢ What problems occurred if any during the project event? ➢ List any out -of- county- advertising, marketing, and /or public relations that were used to support the project and attach samples. ➢ ➢ How could the project been improved or expanded? 17 Jeplembef 14, 2004 P-agea 44 oI 45 REQUEST FOR FUNDS COLLIER COUNTY TOVMST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM TO REQUEST# ( ) INTERIM REPORT () FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE err 'n„ 18 TITLE Agenda Item No. 10E September 14, 2004 Page 45 of 45 EXHIBIT "E" VISITOR ()UESTIONNAIRE Thank you for taking the time to complete the following questions. This information will afford us the opportunity to better serve the needs of Collier County visitors. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU STAYING? HOTEL FRIENDS CAMPGROUND NAME OF HOTEL AND CITY: NAME OF CAMPGROUND: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS YOU WILL STAY = HOW DID YOU SELECT THE HOTELICAMPGROUND? TNTFRNET YOUR CHOICE TRAVEL AGENT OTHER: NUMBER OF MEALS YOU OR YOUR GROUP will eat out. (Please provide a number determined by the number of people in your party times the number of days of your visit times the number of meals that will be eaten out each day.) AREA ATTRACTIONS YOU PLAN TO VISIT: (Please Circle) Caribbean Gardens, The Naples/Marco Princess Corkscrew Swamp Naples Pier Zoo in Naples Watersports/Parasailing Everglades National Sanctuary Everglades Airboat The Conservancy's Park Tour Nature Center King Richards Fun Park Rookery Bay Seminole Casino Teddy Bear Museum Delnore- Wiggins State Fakahatchee Strand Lake Trafford Other. Please name Park Preserve below PLEASE REFER TO OUR COLLIER COUNTY BROCHURE FOR LOCATION OF AREA ATTRACTIONS. 19 Agenda Item No. 10F September 14, 2004 Page 1 of 45 EXECUTIVE SUMMARY Recommendation to approve Guaranteed Maximum Price (GMP) of $53,802,645 for Contract No. 01 -3189, Article #1, Exhibit J to Kraft Construction Company, Inc. for the construction of North Naples Regional Park, Project 80602. OBJECTIVE: To award Contract No. 01 -3189, GMP, including construction cost, staffing general conditions cost, and construction management fee for construction of the North Naples Regional Park to Kraft Construction Company, Inc. CONSIDERATIONS: On June 25, 2002, the Board of County Commissioners approved Agenda Item No. 16(D)14, awarding the design fee portion of Contract No. 01 -3189, Construction Manager at Risk for the construction of North Naples Regional Park, to Kraft Construction Company, Inc. The North Naples Regional Park is a 212 -acre site that will be developed with the following facilities: a water park consisting of a 2 -lane diving lap pool, kiddy pool, activity pool, family pool, 1,200— linear foot lazy river, and concession stands; eight lighted soccer fields and five lighted softball fields with concession stands; fitness center, pool bath house, recreation building, community building and administration building. There are also several picnic shelters throughout the park and boardwalks throughout the wetlands. The GMP was formulated by the Construction Manager through the solicitation of price quotations from at least three (but in some cases as many as ten) subcontractors from each trade. The quotes were then thoroughly reviewed by the Construction Manager and staff to ensure they exactly matched specifications, with adjustments made as necessary. A process of value engineering was then conducted in an effort to lower the overall GMP to within budgetary constraints. The attached contract "Exhibit J" has been reviewed and approved by the County Attorney's Office and the Clerk of the Court's Office. FISCAL IMPACT: The total contract award is $53,802,645. An allowance of $3,500,000 is needed to fund impact fees, permit fees, office furnishings, fitness and office equipment, builder's risk insurance, etc. A cost breakdown for this project is as follows: A+ An CO'7 LQ7 Construction Costs Construction Manager at Risk Fee (8.5 %) Staffing General Conditions Fee ($1,652,923) Fixed Construction Management Fee ($2,562,031) $ 4,214,954 Total Contract Amount $53,802,645 Impact Fees, Permitting Fees, Office and Fitness Equipment, Builder's Risk Insurance, etc. $ 3,500,000 TOTAL Project Cost $57,302,645 Agenda Item No. 1 OF September 14, 2004 Page 2 of 45 Prices indicated as allowances are reasonable estimates for which firm quotations were not available at the time of fixing the GMP. Purchase of items funded through the $3,500,000 allowance will be conducted according to County Purchasing Policy. For items indicated as allowances within the GMP, the Construction Manager will be required to substantiate actual costs when they become available. The available budget for this contract in Fiscal Year 2004 is $47,360,994 with the remaining balance of $9,941,700 to come from Fiscal Year 2005. The FY05 budget will need to be revised as follows: FY04 Available Budget $47,360,945 FY05 Requested Budget $ 1,448,800 Subtotal $481,809,745 Delete the Schroen Property Purchase $ 1,200,000 Reduce Reserves in Regional Park Impact Fees Fund 345) $ 940,100 Reduce Community and Regional Park Impact Fees (Fund 346) $ 3,352,800 Increase Bond Proceeds $ 3,000,000 TOTAL $57,302,645 A purchase order in the amount of $47,360,900 will be opened in the current Fiscal Year. After October 1, 2004, the purchase order will be increased for the remaining balance of $6,441,745. The Parks and Recreation Department will pursue direct material purchases at all opportunities, with an anticipated savings of approximately $500,000. The project will be funded by Community and Regional Park Impact Fees (Fund 346) and Incorporated Regional Park Impact Fees (Fund 345). A $43,000,000 bond will be needed to finance this project. Approval of this contract is ultimately subject to approval of this long -term revenue bond. The bond will be repaid from Community and Regional Park Impact Fees (Fund 346) for twenty years and will have' an approximate annual principal and interest payment of $3,661,600. The current annual revenue stream from Community and Regional Park Impact Fees is approximately $6,000,000. GROWTH MANAGEMENT: North Naples Regional Park is inventoried in the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners awards the GMP Construction portion of Contract No. 01 -3189 to Kraft Construction Company, Inc., in the amount of $53,802,645, for Construction Management at Risk and approve all necessary budget revisions. r- �F COLLIER COUNTY N.� "o= No 013189. �~.4-1 =01 J °"^"C~~"w".--�~~, ~_~_.°—"�'.R"-=°~�~== °'`°="°IV .w= *~~~"", .kpp,—"~ *~~~"~ App~."~ kW—d By Aw'o—d By Apl—d By . 33 P. App—d BY ^~1 D.I.— _ App—" BY =^^.."-1-i GROUP DESCRIPTION TOTAL AMOUNT 2001 SURVEY & LAYOUT 211,610 2300 EARTHWORK & CLEARING 7,982,534 2320 SPORTS FIELDS 2,215,879 2510 PAVING & CURBS 2,101,025 2600 SITE UTILITIES 2,623,132 2650 BOARDWALK 402,500 2751 CONCRETE WALKS & PAVING 1,303,892 2810 IRRIGATION 1,219,520 2821 FENCING & GATES 662,353 2850 PLAYGROUND EQUIPMENT 136,636 2870 SITE FURNISHINGS 498,113 2900 LANDSCAPE 1,008,023 3000 CONCRETE 2,709,381 4000 MASONRY tNCL ABOVE 4720 CULTURED STONE 340,385 4800 ARCHITECTURAL PRECAST CONCRETE 86,910 5120 STRUCTURAL STEEL & MISCELLANEOUS METALS 820,450 5400 METAL TRUSSES 512,912 5560 PRE - ENGINEERED SHELTERS/TRELLIS STRUCTURES 1,150,047 6100 CARPENTRY & CEMENT SIDING 733,055 6411 CABINETRY 99,330 7111 DAMPPROOFING /SEALANTS /CAULKING 132,110 7210 BUILDING INSULATION 23,977 7550 ROOFING /ROOF DECKISHEET METAL 2,287,964 7724 ROOF HATCH INCL IN ROOFING 7840 FIRESTOPPING 26,700 8110 H.M. DOORS & FRAMES 51,460 8210 WOOD DOORS 56,715 8330 COILING DOORS AND GRILLES 38,441 8520 ALUMINUM WINDOWS & CURTAIN WALL 651,700 8700 HARDWARE 78,565 9260 FRAMING /DRYWALUSTUCCO 464,000 9310 CERAMIC TILE 121,965 9410 PORTLAND CEMENT TERRAZZO 6,202 9510 ACOUSTICAL CEILINGS 269,930 9640 WOOD FLOORING 23,320 9644 WOOD ATHLETIC FLOORING 92,876 9650 CARPET & RESILIENT FLOORING 124,981 9900 PAINTING 279,135 10100 DISPLAY BOARDS 14,833 10170 TOILET PARTITIONS /ACCESSORIES /FIRE EXTINGUISHERS 217,178 10210 LOUVERS & VENTS 15,370 Page 1 of 2 v0. i!v •_ 4. 2004 a of 45 14o. 1 U, -+i „ , Gvli 5of45 GROUP DESCRIPTION TOTAL AMOUNT 10340 EXTERIOR CLOCKS 10,794 10440 BUILDING & SITE SIGNAGE 127,000 10534 COVERED WALKWAY COVERS 259,000 10653 FOLDING PANEL PARTITIONS 60,125 11132 PROJECTION SCREENS 5,616 11400 FOOD SERVICE EQUIPMENT 236,278 11480 ATHLETIC EQUIPMENT 70,150 12491 HORIZONTAL BLINDS 14,633 12660 TELESCOPING BLEACHERS 53,135 12675 ALUMINUM BLEACHERS 162,565 13152 POOLS AND SLIDES 7,365,541 13200 THEMING 331,569 15440 PLUMBING 523,957 15450 FIRE PROTECTION 119,500 15530 H.V.& AIR CONDITIONING 1,449,639 16010 ELECTRICAL 2,806,992 SPORTS LIGHTING 1,386,362 FPL INFRASTRUCTURE 150,000 17000 FIRE ALARM SECURITY AND CONTROLS 1,068,208 SUBTOTAL 47,996,173 Construction Manager's General Requirements 1,028,460 General Liability Insurance Premium 289,993 Payment & Performance Bond Premium 273,065 Subcontractor Bonds Included in Trades Total Cost of The Work 49,587,691 IPreconstruction rnase rue Staffing General Conditions Fee 1,652,712 Fixed Construction Management Fee 1 2,562,242 Subtotal) 53,802,645 Construction Manager's Contingency 1 01 Total Project Construction Cost 53,802,645 Page 2 of 2 GROUP DESCRIPTION TOTAL AMOUNT 2001 SURVEY & LAYOUT 2300 EARTHWORK & CLEARING 211,610 2320 SPORTS FIELDS 7,982,534 2510 PAVING & CURBS 2,215,879 2600 SITE UTILITIES 2,101,025 2650 BOARDWALK 2,623,132 2751 CONCRETE WALKS & PAVING 402,500 1,303,892 2810 IRRIGATION 1,219,520 2821 FENCING & GATES 662,353 2850 PLAYGROUND EQUIPMENT 136,636 2870 SITE FURNISHINGS 498,113 2900 LANDSCAPE 1,008,023 3000 CONCRETE 2,709,381 4000 MASONRY INCL ABOVE 4720 CULTURED STONE 340,385 4800 ARCHITECTURAL PRECAST CONCRETE 86,910 5120 STRUCTURAL STEEL & MISCELLANEOUS METALS 820,450 5400 METAL TRUSSES 512,912 5560 PRE - ENGINEERED SHELTERS/TRELLIS STRUCTURES 1,150,047 6100 CARPENTRY & CEMENT SIDING 6411 CABINETRY 733,055 99,330 7111 DAMPPROOFING /SEALANTS /CAULKING 132,110 7210 BUILDING INSULATION 23,977 7550 ROOFING /ROOF DECK/SHEET METAL 2,287,964 7724 ROOF HATCH INCL IN ROOFING 7840 FIRESTOPPING 26,700 8110 H.M. DOORS & FRAMES 51,460 8210 WOOD DOORS 56,715 8330 COILING DOORS AND GRILLES 38,441 8520 ALUMINUM WINDOWS & CURTAIN WALL 651,700 8700 HARDWARE 78,565 9260 FRAMING /DRYWALUSTUCCO 464,000 9310 CERAMIC TILE 121,965 9410 PORTLAND CEMENT TERRAZZO 6,202 9510 ACOUSTICAL CEILINGS 269,930 9640 WOOD FLOORING 23,320 9644 WOOD ATHLETIC FLOORING 92,876 9650 CARPET & RESILIENT FLOORING 124,981 - 9900 PAINTING 279,135 10100 LE DISPLAY BOARDS 14,833 10170 TOILET PARTITIONS /ACCESSORIES /FIRE EXTINGUISHERS 217,178 Page 1 of 3 c� 6ofJ5 GROUP DESCRIPTION 10210 LOUVERS & VENTS 10340 EXTERIOR CLOCKS 10440 BUILDING &SITE SIGNAGE 10534 COVERED WALKWAY COVERS 10653 FOLDING PANEL PARTITIONS 11132 PROJECTION SCREENS 11400 FOOD SERVICE EQUIPMENT 11480 ATHLETIC EQUIPMENT 12491 HORIZONTAL BLINDS 12660 TELESCOPING BLEACHERS 12675 ALUMINUM BLEACHERS 13152 POOLS AND SLIDES 13200 THEMING 15440 PLUMBING 15450 FIRE PROTECTION 15530 H.V.& AIR CONDITIONING 16010 ELECTRICAL SPORTS LIGHTING FPL INFRASTRUCTURE 17000 FIRE ALARM SECURITY AND CONTROLS Construction Manager's General Requirements General Liability Insurance Premium Payment & Performance Bond Premium (Subcontractor Bonds Preconstruction Phase Fee Staffing General Conditions Fee Fixed Construction Management Fee ,i,1 1 of 45 TOTAL AMOUNT 15,370 10,794 127,000 259,000 60,125 5,616 _236,278 70,150 14,633 53,135 162,565 7,365,541 331,569 523,957 119,500 1,449,639 2,806,992 1,386,362 150,000 1,068,208 SUBTOTAL 47,996,173 Total Cost of The Subtotal er's Continge Page 2 of 3 1,028,460 289,993 273,065 Included in Trades 49, 587,691 Paid 1,652,923 2,562,031 53,802,645 0 GROUP DESCRIPTION TOTAL AMOUNT Total Project Construction Cost 53,802,645 Page 3 of 3 V '^T -. n `] EXHIBIT J FORM OF AGREEMENT UPON 1 GUARANTEED MA.XMIUM PRICE OF CONSTRUCTION PHASE SERVICES OF THE WORK, {2} CONTRACT TIME Pursuant to Sections 4B and 7A of the Agreement, dated June 25, 2002 between Collier County, Florida, a body politic, Collier County, Florida ( "Owner ") and Kraft Construction Company, Inc. ( "Construction Manager "), for management and construction of the North Niles Regional Park ( "Project "), the Owner and Construction Manager establish a Guaranteed Maximum Price and Contract Time for the Work as set forth below: ARTICLE 1 GUARANTEED MAXIMUM PRICE Construction Manager's Guaranteed Maximum Price for the Work, including the estimated Cost of the Work as defined in Section 5 is Fifty Three Million Eight Hundred Two Thousand Six Hundred Forty Five Dollars ($53 802 645). This Price is for the performance of the Work in accordance with the Contract Documents listed and attached to this Amendment and marked Attachments 1 through 6, as follows: Attachment Description Pages Dated Number I. Drawings, Specifications, addenda and 1 through 28 8/18/04 General, Supplementary and other Conditions of the Contract on which the Guaranteed Maximum Price is based. 1 Allowance items 1 through I 8/18/04 3. Assumptions and clarifications made in 1 through 3 8 /18 /04 preparing the Guaranteed Maximum Price 4. Completion schedule 1 through 1 8/18/04 5. Alternate prices 1. through 1 8/18/04 6. Unit prices 1 through 1 8/18/04 79 AUS-3O -2004 15:88 Frost -KRAFT PROJECT MAANAG@ENT T -455 its Qua ''eFal . 1 GiF S&Qie bed 14. 900,1 ATTACW"N'T #1 Index to List of Drawings & Specification Logs August 18, 2004 Canten€s bm Site Development Plans by Bellorno Herbert 2 -3 Index to Technical Specification by Bellomv Herbert 4 -9 A/S/M/P/F/B Drawings by Burke Hogue & Mills 10 -15 Specification Log (Addendum loo. 1) by Burke Hogue & Mills 17 -21 Landscape Drawings by Bellemo Herbat/Smallwood Design Group 22 Irrigation Drawings by &c1lomo Herbert/James Abney & Associates 23 Pool Drawings by Aquatic Design & Engineering, Inc. 24-27 Site & Civil Plans by Agnoli Barber & Brundage 28 Aur30 -2004 16:99 FrwKRAFT PROJECT pli4itAMOT ATTACHMENT #1 Enumeration of Contract Documents North Naples Regional Park sue uea�wripdor+ �� -- T -455 A ,:!.ffiaa IteFnUM. 10F September 14, Page 11 of 45 t Plana as aced q Bellamo Herbert and Coma lnc. ..L _ _. I 12122!03 1 05/01/04 SP5.2 Soer Concession Pim Site Puri cc Samar Concession Plaza La tlGradin Dart 12/221073 3P0.0 Key Plan Plan ENa ent SP5.8 12/22!03 SP0.1 Sits SP0.2 Site Plan EnIaMement 12/22103 45101/04 Plan Fnla ant 12122103 SP0.3 Site SP0.4 Site Plan Enla ant 12122/03 05/01/04 SP1.t7 Overall Sibs Plan 12/22103 06/01/44 SP1.1 Malt 81vd1 Secondary Entrance Layout Plan 1212?103 05/01104 YVat� Park Site Plan 12/22/03 05101!04 SP2.0 Water Park Site Plan 12/22/03 05/01/04 SP2.1 gP2.2 Water Park Grading Plan 103 Water pgrk}Playgrounds Fenoe Layout Plan 12/22ro3 05831 /04 SP2.3 playgrounds Ste Plan 12122/03 05101104 Si'3.0 PI tads Site Lavout Pian 12/22/03 06101104 SP3.1 St'3.2 Pia rounds Wall Layout Plan 12x03 SP4.0 COU rd StO Plan Courtyard Layout Plan ortumt 1212= 05/01/04 12/71.103 SP4.1 SP4.2 Courtyard Layout Plan Southwest 12/22103 Water Park Site Details Gou rd Grading Plan Cou rd Fountain Layout Plan Sock Com Site Plan 12/22103 12/22/03 05101/04 12/??J43 05/01/04 12/22/03 SP4.3 3P4,4 SP6.0 SP5.2 Soer Concession Pim Site Puri cc Samar Concession Plaza La tlGradin Dart 12122103 12/22/03 12=03 05101/04 0510'(/04 SP5.8 SPB.O Softball Complex Sits Plan T 1081 saitbafi Field Pla n 12122103 45101/04 Softball Concession Plaza Ske Plan 12/22/03 05101/04 SObWl Concesslon Plaza Site La t Plan 12/22/03 NSD 8oardwak Plan Overall Siva Details 1212-2103 051(11 /04 12127M 05/01 Overall Site Details 5101/04 SD1.2 Plonio Shelters Details 5/01/04 8131.3 Cabana DeteiiS 5/E31104 05/01104 112/=3MIM 0S/21/04 Entry 9 to Details SD1.4 SD2.0 Water Park Site Details 05/01/04 SD2.1 Water Park SIGs Details Water Park Interactive Fountain Details 05101/04 0/101104 5D2.2 SD2.3 Water Park BrIdge Detatis 12/22/03 06101/04 S02.4 Water Park Water Tower Details 12122/03 05/01/04 SD3.0 Playground Site Detail:* 12!22803 05/01104 SD3.1 Playground Site Details 1?!tt/tf3 05101834 SD3.2 Playground- Sfta Details 17/22103 05/01/04 Page 2 of 28 . _.._._._.. Aus-30 -2004 13:39 F(wKWT FROJECT lAAllAMM T -456 PvMOI c a tsF-nlIZn y � -S e- � If z A17ACHMENT #1 �Ut�, ;,a a; �� °GCB Enumeration of Contract Documents North Naples Realonal Park Page NuMber Descrlptlon Dam s n Dnk 05101/04 s on on ante 803.3 Playground Site Details 12!22/03 S134.0 Cour4wd Sections 12/22103 1 05101 /04 SD4.1 Courtyard Site Detalls 12122103 1 05/01/04 SD4.2 Courtyard Sibs Details 12/22103 05/01104 SO4.3 COU rd Ske Details 12/22/03 05/01104 SD4.4 `Flodda Sp CourtyaM DischargO PIPing Sdwmabc 12/22/03 SD4.6 "Florida SpdW 40 Cog" Suction Piong Schematic 12/22103 SD4.6 'FIOMR S Courtyard Fountain Details 12(22103 SD4.7 `Ia Spring* @ Courtyard Electrical Piping Schemaho 12122!03 SD5.0 Soccer Complex Site Details 12=3 05/41/04 $D6.1 Soccer Conc esslon Pavilion Decals 12/'22103 05(01104 SD6.0 Small Complex Sits Detaft 12/22103 06/01/04 sm.1 SoRball Complex Site Details 12/22/03 06/01/04 SDB.2 SoRball Comlex Site Dabs 12!22103 0&01/04 SDB.3 Softball Concmion Pavilion DefaNs 12/22103 05/01/04 SD8.4 Sofftall Covered Mesdw Details 12122103 05101/04 SD6.5 Scabs!! Covered Bleacher Dads 12/22103 05/01104 SD7.0 Boardwalk DataM 17/22103 0x/011904 901.0 Sign Location Plan 12/22103 SG2.0 Entry Sign details 12122/03 SG21 Il Sign kaios 12122/03 $62,2 Typical Sign Elevations 121'22103 E0.1 Symbol Legend & General (Votes 12/22/03 E0.2 Light 1=bdure Schedule & Hex Notes 12/22/03 05/01/04 06/01/04 E81.0 QvemH Site Plan - Power & S )MLsms 12122103 ES1.1 Partial Site Plan - Pourer & Systems 12!221/03 05/01104 08!01/04 ES142 Partial SIM Plan - Power & Systems 12!27103 06/01/04__ 08(01/04 ES1.3 Partial Site Plan - Power & Systems 12MA3 05101/04 08/01/04 �._. ES1.4 Partial Site Plan - Paver & Ptstems 12127/03 05101 /04 06/01/04 ES1.5 Partial Site Plan - Power & Systerns 12/22103 ES1.6 Partial Site Plan - Power & ms 12121/03 05/01/04 06/01/04 ES2.0 Overall Sly Plan - Lkjhft 12/22/03 ES2.1 Partia[ Site Plan - Lkftng 12/22/03 ES2.2 Partial Site Plan - Ughtl2g 12122/03 ES2.3 Partial Site Plan - LJUMng 12f22103 05101/04 1=S2.4 Partial Site Plan - d 12/22/03 ES2.5 Partial Site Plan - Lighting 12/22/03 ES2.6 Partial Site Pion - t.W ting 1242/03 E83.1 Partlai Site Plan - Photomatrics 1Y12?M 05101104 ES3.2 Partial Site Pion - phabcmetrics 12/22/03 05/01/04 E4.1 Electrical Details 12122/03 05/01/04 E4.2 Eleebticol O tails 12!22103 1 =4.3 '12!2'2!2!+03 08101104 061/11/04 Page 3 of 28 Aur30-2004 15:40 From-KRAFT PROJECT 11AHMWT T -455 da iter per. 104 September 14, %004 Page 13 ofi 45 ATTACHMENT #1 INDEX TO TECHNICAL SPECIFICATIONS VOLVAS z DIVISION 01: Section 01110 Section 01041 Section 01045 Section 01050 Section 01060 Section 01152 Section 01153 Section 01202 Section 01250 Section 01290 Section 01310 Section 01324 Section 01340 Section 01400 Section 01410 Section 01510 Section 03530 Section 01550 Section. 01569 Section 01580 Section 01640 Section 01700 Section 01712 Section 01720 Section 01730 Section 01740 NORTH NAPLES REGIONAL PARK COLLIER COUNTY, FLORIDA Collier County Parks and Recrcarion GE WRAL REQUIREMENTS Summary Project contract coordination Cutting and Patching Field Engineering Regulatory Rm piirmnents Applications for Payment Chnge order Procedure Progress Meetings contract Modification Procedures Payment Procedures project Management and Coordination Constntctim Progress Documentation Shop Drawings, Product Data and Samples Quality Control Testing Services Temporary Facilities Barriers Temporary Controls Construction Cleaning Project Iden ification and Signs Products Handling Contract Closeout Final Cleaning Project Record Docun=ts Opmoon and Maintenance Data wamatim and Bonds DIVISION 02: SMWORK Section 02230 Site clawing Section 02231 Tree Protection and Trimming Section 02281 Termite Control (Soil Poisoning) Section 02300 Earthwork and Site Preparation Section 02310 Earthwork for Utilities Section 02320 Earthwork for Sports Fields Section 42445 Stabilimd Subgrndo RMEX TO TECHNICAL SPECIFICATIONS Page 4 of 28 Aua-WH04 15:40 FtwKRAFT PROJECT IIAAA4'4ENT ATTACHMENT #1 Section 02450 Limerock Base Course Section 02510 Asphaltic Concrete Paving Section 02577 Pavement Markings Section 02620 Subdrainage Section 02667 Water Distribution Lines Section 02722 Site Storm Drainage Systems Section 02732 Gravity Sanitary Sewer Systems Section 02733 Sewage Force; Main and Sewage pumping Stations Section 02751 Cement Concrete Pavement Section 02768 Decorative Cement Concrete Pavement Section 02810 Underground Irrigation System Section 02821 Chain -Link Fenom and Gates Section 02853 Parking Bumpers Section 02860 Stationary Fountain Section 02870 Site Furnishings Section 02900 Landscape Work Section 02936 Hydrosmiing Section 02937 Sodding Section 02938 Sprigging Dl''VISION 03: CONCRETE Section 03300 Cast-in-place Concrete Section 03101 Concrete For7mwnrk— Sitework Concrete Section 03201 Concrete ltcininrcement — Sitework Concrete Section 03301 Concrete for Sitework DIVISION 04: Section 04100 Section 04150 Section 04210 Section 04220 Section 04270 Section 04770 MASONRY Mortar Masonry Accessories Glazed Masonry Units Unit Masonry Glass Masonry Units Stone Veneer DIVISION 05: METALS Section 05120 Section 05210 Section 05310 Section 05311 Section 05400 Section 05500 Section 05505 Section 05510 Section 05 .520 Section 05535 Structural Steel Steel Joists Steel Deck Integal Roof Deck Assembly Pref kicateci Cold Formed Metal Trusses Metal Fabrications Metal Fabrications — Small Struenm Metal Stairs and Railings Exterior Tube Railings Metal Fencing Rage: 5 of 2a T-455 -f, -Ueda '!er r • ' Cr Pace INDEX TO TECEMCAL SPECIFICA,fl0NS Aar3o -2004 15 :40 FrwKRAFT PROJECT i#XkWKT ATTACHMENT #1 DIVISION 06: WOOD AND PLASTICS Section 06100 Rough Carpe3*y section 06400 Architectural Woodwork Section 06411 Plastic Laminate Faced Wood Cabinets Section 06600 Plastic Fabrications (Kitchen Wallboard) T-455 . -tea Itep "2' 1 OF SeNiemter 14, 2004 Pace 15 of 45 DIVISION 07: THERMAL AND MOISTURE PROTECTION Section 07111 Bituminous Dmpproofing Section 07210 Building Iusu186011 Section 07410 Manufactured Metal Roof and Wall Panels Section 07460 Fiber Cement Siding Panels Section 07550 Modified Bitumen Roofing section 07630 Sheet Metal Flashing and Trim Section 07724 Roof Hatches Section 07M FirestoppinS Section 07920 Sealants and Caulking D"JON aa: suction 08110 Section 08210 Section 08310 Section 08330 Section 08520 Section 08700 section 08800 Section 08840 Section 08911 DOORS AND WINDOWS Steel Doors and Frames Wood Doors Ac ms Doors and Panels Coiling Doors and CTilles Aluminum Windows Finish hardware Glazing Plastic Glazing Glazed Alwnninum Curtain Walls DIVISION 09: FI amt Section 09260 Gypsum, Fiber & Cementitious wallboard Systems Section 09310 Ca v:nic Tile Section 09410 Pordand Ccm,eat Terrazzo Section 04510 Acoustical Ceilings Section 09640 Wood Flooring Section 09644 Wood Athletic Flooring Section 09650 Resilient Flooring Section 09685 Shed Carpet Section 09771 Fiber Reinforced Plastic Panels (Kitchen Wallboard) Section 09900 Painting Section 09905 Metal Painting VOLUMM U DIVISION 14: SPECIALTIES Sccti+on 10100 Chalkboards, Markerboards and Tackboards Section 10170 Solid Plastic Toilet Partition IlDlsX TO TECEMCAL SPECIFICA11ONS Page 6 of 28 Aar30 -2084 15:40 FrwKRAFT PROJECT WAGiENT Section 10210 Section 10340 Section 10440 Section 10505 Section 10520 Section 10550 Section 10534 Section 10653 Section 10750 Section 10800 D" ION 11: Section 11000 Section 11020 Section 11132 Section 11452 Section 11457 Section 11480 ATTACHMENT #1 Wall Louvers Manufactured Exterior Specialties (Clocks) Interior Signage Standards Solid Plastic Lockers Fire Protection Specialties Postal Specialties Walkway Covers Folding Panel Partitions Indoor Public Telephone Toilet and Bath Accessories EQUIPMENT Owner Fumishcd Equipment and Furniture Sectuity and Vault Equipment Projection Screeas Residential Appliances Television Units and Accessories Athletic Equipment DIVISION 12: F(YRNI.SEUN'GS Section 12491 Horizontal Blinds Section 12660 Telescoping Bleachers DIMION 13: SPECIAL CONSTRUCTION Section 13121 Metal Building Systems Section 13152 Swimming Pools DIMION 15: Section 15050 Section 15055 Section 15061 Section 15075 Section 15085 Section 15090 Section 15097 Section 15100 Section 15101 Section 15120 Section 15140 Section 15200 Section 15250 Section 15251 Section 15290 Section 15411 Section 15420 Section 15430 MECE ANICAL Mechanical work General Provisions Miscellaneous Work and Equipment Chilled. Water Piping System Mechanical Identification Hydronie Piping Specialties Supporting Devices Pipe Sleeves, Escutcheon and Guards Valves — HVAC Valves — plumbing Variable Frequency Motor Speed. Controller Cirmlating Pumps Vibration Isolation insulation for Piping, Pumps and Equipment Plumbing Piping insulation Duct Insulation Water Distribution Piping Drainage and Vent piping Plumbing Specialties Page 7 Q(28 T -455 0 a Iteif-',ft. ',,OF Set: tember 14. 2004 Page 18 of 4-5 NDEX TO TECF3NICAL SPECIFICATIONS AW30 -1004 15 :40 From -KRAFT PROJECT 11A31AGMENT Section 15440 Section 15461 Section 15462 Section 15496 Section 15530 Section 15671 Section 15672 Section 15685 Section 15830 Section 15834 Section 15840 Section 15856 Section 15860 Section 15870 Section 15900 Section 15933 Section 15990 Section 15995 Section 15999 IiI'V'ISION 16: Section 16010 Section 16412 Section 16013 Section 16014 Section 16015 Section 16090 Section 16095 Section 16038 Section 16111 Se ctio nt 16123 Section 16130 Section 16140 Section 16170 Section 16190 Section 16195 Section 16421 Section 16426 Section 16441 Section 16461 Section 16470 Section 16477 Section 16485 Section 16510 Section 16530 Section 16670 ATTACHMENT #1 Plumbing FiXtU es Electric Water Heaters Fuel -Fired Water Heaters Natural Gas Piping Refrigeram Piping Condensing Units Air Cooled Waxer Chillers Chilled Waif Treatment Power and Gravity Veatilatws ,flair Handling Units mad Ductwork Package Indoor Air Handling Units Duct Accessories Air Outlets and Inlets Facility Maanagetaaent System V.A.V. System Tmminal Units Testing and Balancing Hydronic Systems Testing and Balancing .Air System System swting/Commissioning T -465 �;; is itef-M.. 1 O Sevtem ;er , ?. 2004 Fagg 17 of 45 ELRCI~RICAL Basic Electrical Requirements Submittals Substitutions Reference Standards and Regulatory RequiretnentS Electrical Symbols and Abbreviations Tess and Performance Verification Demonstration of Completed Electrical Systems Operation and Maintenance Manuals Conduit Building Wire and Cable Boxes Wiring Devices (3mundiug and Bonding Supporting Devices Electrical ldeatification Utility Service Entrance Distribution Switchboards Enclosed Switches Dry Type Tmnsformers Panelboards Fuses Enclosed Contactors Interior Luminaires Site Lighting Lightning Pmtecmian Syuwms INDP.x TO TEICAL SPECIFICATIONS Page 8 of 28 Auer -30 -2004 15:42 FrwXRAFT PROJECT WAAGMST Section 15440 Section 15461 Section 15462 Section 15496 Section 15530 Section 15671 Section 15672 Section 15685 Section 15830 Section 15834 Section 15840 Section 15856 Section 15860 Section 15874 Section 15900 Section 15933 Section 15990 Section 15995 Section 1 5999 ATTACHMENT #1 Plumbing Fixtures Electric hater Heaters Fuel -Fired Water Heat= Natural Gas Piping Refrigerant Piping Condensing Units Air Cooled Water Chillers Chilled Water Trmtmem Porter and Grav4 Ventilators Air Handling Units Metal Ductwork Package Indoor Air Handlmg Units Duct Accessories Air Outlets and Inlets Facility Management System V.A.V. System Terminal Units Testing and Balancing Hydronic Systems Testing and Balancing Air Systems System Starting/Commission* DIVISION 16: ELECTRICAL Section 16010 Basic Electrical Requirements Section 16012 Submittals Section 16013 Substitutions Section 16014 Reference Standards and Regulatory Requirements Section 16015 Electrical Symbols and Abbreviations Section 16090 Test and Performance Verification Section 16095 Demonstration of Complete. Electrical Systems Section 16098 Operation and Maintenance Manuals Section 16111 Conduit Section 16123 Building Wire and Cable Section 16130 Boxes Section 16140 Wiring Devices Section 16170 Grounding and Bonding Section 16190 Supporting Devices Section 16195 Electrical Identification Section 16421 Utility Service; Entrance Section 16426 Distribution Switchboards Section 16441 Enclosed Switches Section 16461 Dry Type Transformers Section 16470 Panelboards Section 16477 Fuses Section 16485 Enclosed Contactors Section 16510 Interior Lunzinail= Section 16530 Site Lighting S *otion 16670 Lightning Protection Systems T -456 A;POOR?4tzrl1;? 10F September 14, 20041 `age 18 of 45 Pape 8 of 28 INDEX TO TBCBMCAL SPBCIPiCATIONS T -456 �gO4 12nC ?•1 210 = Au�-8Q -2004 15:41 FrwKRAFT PROJECT W&UNT September 14, 2004 ATTACHMENT #1 rage 19 of 45 Section 16671 Surge Suppression Section 16721 Fire Alarm Systems Section 16741 Telephone Smvice and Pathways INDEX TO TECEMCAL SPECIFICATIONS Page 9 of 28 Aur30 -2004 15:43 Frog -KRAFT PROJECT ItANAMOT ATl`ACHMENT #1 Enumeration of Contract Documents North Naples Reglonal Parts T -456 - f9W1"_ 0 errt"1iV. 101= Se;,ntember 14, 2004 Page-90 of 45 P Description raft Revision Revision Revision Number Date Date Date Date Architectural Drawings as pmeared Burke Hogtm & M tls Drawings A0.0 Cover Page 12121/03 A13.1 Inclo legends, FIM and Wind Assemtaies 12J22103 06101104 A0.2 Building Statistics and Coda r= 12122!03 AU Coda Assembles and tagends 12121/03 04101104 061131/04 ADA Masher KeynotB l.egencl 12/22103 04/011134 06101/04 A$11.0 Arcltlteaitrral Reference Sft Plan 12122/03 A811.1 Sft Screen and Planter Wad SEecoxw 12!22103 AS11.2 Campy P1aM Secdons and Debits 12122103 ASt1.3 WeAkway Caryopy Plans 12122103 04101104 ASI1.4 Walkway Canopy Sections and Details 12/22/03 ASi1S Wal Details IZ22103 AM Ceiling and Soffit Debits 12/21/03 A5.1 Roof Debla 12/22/03 A&2 Root Details 12122/03 A6.3 Roof Details 12!22/03 ABA Walle Sections and Fags 42122/03 A6.2 Wag Semis and Details 12122/03 AS.3 Wag Sections and Details 12/22/03 A7.1 irAerior Wall Sections and D&Ws 1212.2103 04101104 A7.2 Details 12122/03 0W/01/04 A8.1 Door Salaeduies 12122/03 04101104 051011014 08/01104 A6.2 Door and Window Elevations and Types 12/22103 05101/04 A8.3 Holler Metal Door Minis 12/22103 ABA MW*1tarWWs Door W4 Mokw Metal Debits 12/22103 A8.5 Aluminum VAndow Details 121221M 05/01104 AS.B Aluminum Curtallnwsll Mulls 12122103 A6.1 Typical Intwfor Ewiwions and M22LuN Ctltuta 12/22/03 06101/04 A9.2 WiNm k Sections and Dotaiis 12122108 04108104 ID8.1 h1a or Code Sdxxkge wid Typicalo Details 12/22/03 05/01/04 S1.1 Structurat General Notes 12/22/03 81.2 Shudural General Notes 12122!03 S1.3 Structural Gwwal Nobs 12122103 SS12.1 Fourxiation & Roof FmmN Plans & Notes - 2MILM 12/22/03 S3.1 Foadatiarr Saclon arA Details 1211.2103 S3.2 Foundation Section and Deta s 12/22143 S3.3 Foundation Soction and Dem b 12/22/03 S3.4 Foundation Swoon and t7ataib 12/22/03 85.1 Roos FramN Sections and Desalts 12/22/03 55.2 Roof FmTAV Sections a W Detaitc 12122103 85.3 Roof FriRmN Ssctons and Daff s I 12/2=3 04M S/04 Page 10 of 28 Act4-30 -2004 15:43 FrwKRAFT PROJECT VANAGfENT ATTACHMENT #1 Enumeration of Contract Documents North Naples Reglonal Park T- 458$12eij, '-lU1OF September 14, 2004 age 21 of 45 n�/im7• ACM4.1 GI ago W- No w cal M Reilrrcted Celt Phut - community 12122!03 Draft Revision Revision Revision Ceiling Ds3ai18 • COMMMAf Page Descr4 tion Issue Dais Dace Date 12122!03 Numbw Data ACM6.1 Exterior EWOMOrts - COMMUnNY 12122103 05101104 S5.4 Roof Framhg dons and Details 17127/03 Bufid ft Sew - COMM 124M103 85/01104 S6.5 Roof FMmbV Se dons and Details 17122!03 12/22/03 55.6 Roof Froth sewons and DeO & 12122103 84113/04 A0M9.2 S5.7 Roof Frw*q SGdkM and €3etails 12/22/03 li]CNt2.l I FWMh Fucntture PMns and FWzh SdvxWia me Rock Fraffing Sections and Details 12122/933 35.9 Roof Framing Sections and Detals 17127/03 SS.10 Roof Framfng Sectto€ts and Dells 12122103 S6.1 Misxjansous FramkV Deblis and Schedules 12/22103 S6.2 Wind i3es and Roof Top Details 12/22/03 MO.1 Meciw" Symbol Legend rmd Gen" Notes 12/22103 05141104 MIA MachentoM Site Plan 12122/03 86101104 M4.1 Medwical Controls 12122103 051010 M4.2 Mechanical Controls 12122103 06/01104 M5.1 Mechanical Schedules 12r22103 05101/44 06/01104 06/25144 M5.2 M Omnicai Sdisduiss 12127103 05101/04 M6.1 Wd- utlest Oefth 12/22/03 18.2 Medhanicai Details 12122/03 .3 Med�entcal Detaifffi 12/22/83 P0.1 plvaftq Symbol and GerwrW Notes 12122103 P6.1 Piumbing D*W& 12122103 FO.1 Fite Pratedw SyMW L22nd and Cwetai Notes 12122103 05101104 F1.1 f=ire Protedon Sibs Plan 12122103 05/01104 E0.1 Symbol l VW4 and Elw&Ical t#eroral Notes 12/22103 OS/011o4 E0.2 Systems symbol s and Light Fbdu#s Sdtedule 12122/03 0$/01104 06101104 06125104 E7.1 Electrical Dews 12122/03 05141104 06/81/04 E7.2 Electrical D"s 12122103 05101/04 Oe/01/04 E7.3 gerk W Data #s 12122/03 05/01104 06101104 VA Elachicw Detals 12/22103 05/01/09 ACM1.1 Ufs Safety Pttat• CO<iV= 12/2 3 04101/04 ACM2.1 Dtmensloned FkKw Flan - Community 12122/03 ACM2.2 Referance Flow Plan - Commwt 12/22103 04/01104 05101104 12!22103 n�/im7• ACM4.1 GI ago W- No w cal M Reilrrcted Celt Phut - community 12122!03 06/01104 ACM4.2 Ceiling Ds3ai18 • COMMMAf 12=3 ACM5.1 Roof Plan - Corwwnity 12122!03 ACM6.1 Exterior EWOMOrts - COMMUnNY 12122103 05101104 ACMB.2 Bufid ft Sew - COMM 124M103 85/01104 ACM6.3 Sac Hans and DoUle - 12/22/03 ACM9.1 Wdarbr Eavations - Comunh 12/22/03 05/01104 A0M9.2 Wadar EWWROO a - Carrxrfunl 12!??103 05/01/04 li]CNt2.l I FWMh Fucntture PMns and FWzh SdvxWia 12/22103 04/01104 1 03/01/04 Page 11 of 26 Aug-N-2004 16 :43 Frot-KRAFT PROTECT MAMGkENT ATTACHMENT #1 Enumeration of Contract Documents North Naples Regional Park T -466 11gM ftlerFAU 10 F S tember 1 d, 2004 Page %L of 45 page Numbar Draft Cate Revision Date Revision Date Revision Date SCM2.1 Foundation Plan and Notes - Com wnity 12122103 SCM4.1 Roof Fnmft Plan and Notes - Cawms4 12/22103 MCM2.1 Mechanloal Floor Ran - C rawnhy BuKdtng 12/22103 05/01/04 MCM2.2 Mechanical EnInMed Plans - BuldbV 12122103 05/01/04 PCM2.1 PiwnWng Floor Plan - Ganmmmamily Mdirmg 12/22103 PCW.1 Plumtdra E Plans - Gom nfty Buildbw 12122103 PCW.1 PtuttstAng Riser Diagrams - Co unity Building 12/22/03 PCW.2 Plumbing Rhw Mgmnis - Community Building 12122103 FCM2.1 Fire Prowbon Floor Plan - Commwnity StMWQ 12/22103 _ 05101104 ECW.1 PcmYm►ar Floor Plan - Canmmxmn Build 12/22103 05/01104 O&GI/04 ECM3.1 Sysettm F or Plan - Cormiunity Building 12122!03 05101104 06101/04 ECM4.1 Ughow Floor Pin - Cornmur*y Bulli1bg 12122/03 0W1104 ECM5.1 Pow Riser DisoM and Sdnedules- Community Sulkling 1212/103 05/01/04 o6/01/04 otm125104 ECM& 1 1= leattiod Panel ScheduWa - Community BuWhg 12t221O3 05101104 06/01104 06/2SM4 ECM?.1 Enlarged Kitchen Plan - Community BmldkV 12122103 05/01/04 FSCM1.1 Food Service Plan 12/22/03 AFC1.1 Ure Safety Plan - Fleid Comassions 12r4103 04/01/04 051011D4 AFC2A Mronsiorw Floor Plan - FWd Corsemlo s 12122/03 AFC2.2 Refemanoo Floor Plan - Field Cormsskms 12122103 WOI/04 051011x4 AFC4.1 Retalected Ce4ing Plan - Field Ccmt►cesslons 12122/03 05101/04 AFCS.1 Roof Plan 8 Debelts - Field Concessions 12122103 AFCS.1 Etcterior IEWvaliom - Field Concessions 12122103 05101/04 AFC6.2 BuNding Sectiorm - Field Conamlons 12122/03 05/01/04 10FC2.1 FinM & Furniture Pia % Interior lammlions & F#misit Sdmedule 12/22/03 04/01/04 05/01/04 SFC2.1 Foundation Ptah and Notes - Fuld Concessions 12/22/03 SCF4.1 Roof Ftarnhg Plat► and Notsa - FWd Carmcesaiom 12122103 MF02.1 MecF> /cal Floor Plan - Concessions 12/22103 06/01/04 PFC2.1 Plumb ft Floor Ran - Field Cortcesslotms 12122/03 PFC7.1 Pluming Riser D - Field Concessions 12/22103 PFC7.2 Plumbing Rkw Dk - Fold Concewoow 12422t03 PFC2.1 Sm Pmts/ Floor Ptah - Fidd Camnions 12!22!03 4StO1104 EFC2.1 N Power Floor Plan - Field Concessions 12122103 06/01104 08f01104 EFC3.1N s Flow Plan - North Field Coruxsslon 12/22/03 05101/04 GB/01/04 ETUAL Ughdng Floor Plan - North Field Camcesslon 12122/03 I= FC5.9N Power Riser Diagram wW SdwduW*. South F3sld Cor=ssion r 1212 M 05/01104 0WOUD4 EFC8.1 N Skztioal Panel SotwWea - NoM Fiord Cormo wAom 12/22103 05/01104 Orimwo4 EFC7.1 N IQtdm Plan - North Reid Concession 112MA31 05101104 EF02.1 S Power Floor Plan - Souhtl Field Conomsion 11 2122103 05101104 31/041 j Page 12 of 28 A -80 -2004 15:43 From- KRAFT PROJECT YAl1Af N7 T -456 Ic September T. 2 C 04101104 ATTACHMENT #1 rage 23 cf 43, tWererm Floor Plan - Odco SuOdinq enlarged Plater and Plan Details - Office Bui3OW Rued ceiiing Plan - Office 8uiidine Root Plan - Ofi� Bum Exterior Elevs1km - 01508 Bul diril Enumeration of Contract Documents 05101/44 Nofih Naples Regional Park AOF3.1 AOF4.1 AOF6.1 AOF5.1 Draft Revision Revision Revision Page Description Issue pate Data Data Number AOF6.3 Date 1 2103 EFC3.1 S Sysetrns Floor Plan - SoM Field Cortcmlon 12/221D3 a6/at04 08101/04 EFG4.13 Ligiting Floor Platt - South Hold Cuncasslon 12122/03 Interior Elevallons - Ofke Build EFC6.19 89cftw PwW Sr l"Ies - South Field CnncenloM 12/2= 05101/04 001/04 EFC IA S lgtr#= Pien - South Field Condon 12122103 OM1104 06/01/04 EFC7.1S laichan Plan - South Field Concesslon 1212Z 05!01104 12/22103 0;i15A14 Da 12122JW FSFC1.1 Food Service Plan 12122/03 AMA? Floor Plans - fsMtlrttensnoe 05101104 AMA2.2 r PMs and Details - Mailtenan a 12122!03 05/01104 AtM�4.1 Refired Calling & Root P - Mahw anc a 12122108 AMA6.1 Exterior Bavatlons - M510 nanGO 19122103 PlumbkV Riser Dl - Oft* BUNN 12122103 12/22103 04101104 AMA&& auggift sections - tae► 12/22/03 04!20!04 IDMA2.1 Fink!! & Furniture Plans. InterW Sevatlons & Finish Schedule 12!22103 05101104 SMA2.1 FmMdation Pin and Noes - Maintenance 121=3 SMA4.1 � Fram9 Platt and Notes - Malnfertanae 121221x3 09101104 MMA2.1 MecharUpi Hoar Plat - Maintenance 12/22103 PMA2.1 Pktr4tktg Floor Plan - Maintenance 12/22/03 PMA7.1 Pluftin9 Riser 131"ms - Mainifinsncs 12122/ ©3 FMA2.1 Fes Protaetiert Faktdatictrt Plan - Maintenance 12122/03 05/01/04 12122/03 05101104 EMA2.1 Power Plan - Maintenance 12!22103 05/01/04 08/01104 EMA3.1 Floor Plan - Maintensuice EMA4.1 Ughtktg Floor' Plan - May4en� 12/22103 aiutAS.1 Power Riser Dfagrarnar►d Schmduies - MaInianancs 12122103 05101104 08/01104 AOP1.1 Life Plan - Office Building 12/22103 04101/04 d A ncim NLt AOF2.1 Ditnansionsd floor Plan - vinoe ou mull %f 12/22/03 04101104 05101!04 AOF2.2 tWererm Floor Plan - Odco SuOdinq enlarged Plater and Plan Details - Office Bui3OW Rued ceiiing Plan - Office 8uiidine Root Plan - Ofi� Bum Exterior Elevs1km - 01508 Bul diril 12/22/03 12/22/03 12/27103 12/27!03 05101/44 AOF3.1 AOF4.1 AOF6.1 AOF5.1 AOF6.2 aulwi Sections - Office Bull4hg 12/22103 AOF6.3 Wait Secti" - Office Btu 1 2103 05101104 AOF9.1 Interior Elevallons - Ofke Build 12/22/03 IDOF2. 7 Finish & Furniture Piano, Interior LBmtlons &Fetish Scttedtda 12122!03 05fi1/04 SOF21 Fcwnda6On Plan and NFobw - Office BuWktg 12/22103 0;i15A14 SOF4.1 Rua; Platt and (+Fates - Ot1ke BultWng 12122!03 05101104 MOF2.1 Madw4c@1 Foundation Flan - Office Bulding 12122/03 POF2.1 Puu"ft Foundation Plan - Office BUIW 12122108 POF7.1 PlumbkV Riser Dl - Oft* BUNN 12122103 FOF2.1 Fire Protection Foundasbn Plan - Office 12/22/03 04!20!04 E OF2.1 Power Plan -office ice 12/22103 OS/Q1�4 081!}11!34 EOF"31� & !erns Boor Plan - Offfoe &JildbV 12122/03 09101104 1 06101104 Page 13 or 28 kua-30-2004 16:43 Fr=-WT PROJECT MAMMENT ATTACHMENT #1 Enumeration of Contract Documents North Naples Regional Park T- 466 10= September 14, 2004 Page 24 ,) f 4 Number Description Draft Issue Revision Date Revision Date Revision Date EOF4.1 Llghiiing Floor Plan - Offloe Budd 12/22/03 EM•1 Power Fuser Diagram and Schadutss - Offs Suldbv 12/221903 05/01 /04 E0F6.1 Eiaarlcaai Pared Schedules - Ofltoe BuRding 1?22M 08/01104 06101 /04 APS1.1 Ufa Safety Plan - Sool Bath 12/22103 AP82.1� Dirrmuloned FI= Plan - Pod Bath 12/22/03 05/01/04 AP82.2 Rderenoe Floor Plan - Pool Bath 12!22/03 05/01104 AP53.1 Enlarod Raciroom Plans - Pool MM 12/22!03 05/01/04 AP84.1 Rafacted CaMN Plan - Pool Bath 12122!03 AP06.1 Roof Man and Oetatilc - Pod Both 12/22/03 APSGA EAerlor Elw tjans - Pool Bath 12!22103 04127/04 05101/04 .2 BuNding Sac&= - Poo€ SaM 12/22103 AP88.3 Waft dons - Pao! Bath 12122/03 APB7.1 Enlarged Plan DoW is - Poo€ Seth 12/22/03 AP89.1 Interior Bevafons - Pool Bath 12/22103 05101/04 IDPB2.1 FWsh & Furniture Plans. tnWdX Bova$orm & Finish Schedule 12122103 05101/04 SM1 Foundation Plan and Notes - Pool Bath 12/22/03 SP84.1 Roof FramIrg Plan and NoW - Pool Bath 12122/03 MPB2.1 Mechanical Floor Plan - Pool Bath 12/22103 PPEt2.1 Plumbing Floor Plan - Pad Bath 12/22103 PP87.1 Plumbing Ricer Diagrams - Pool Bath 12/22/03 PPS7.2 Plumbing Mser Diagrams - Pao! Bath 12!22{03 FPB2.1 Fire Protaction Floor Pleat - Pad Bath 12122!03 05101/04 EPS2.1 Power Floor Ftan - Pool Bath 12/22/03 05101104 08101/04 EPS3.1 Systems Floe' Plan - Pool Bath 12122/03 05/01/04 0!3/01104 EPS4.1 t_igtMWM Floor Plan - Pool Rath 12122/03 EPB5.1 Power Riser Plam and Schedules - Pool Bath 12/22/03 06/01/04 09/01/04 EPB6,1 13edrical Panel Sctdtr€as- Pool Bath 12122/03 05/01104 APC2.1 Floc' Plarm- Pool Concusion 1/12M 04/01/04 05/01104 APC6.1 Exterior Elavatlons arW Building Secilans - Pod Concwsion 12/22103 D6101/04 IDPMA Finish & Fumitum P4=. Interior Elevations & Finis/= SohedWa 12122/03 04/01/04 06101104 SPC2.1 Foundalion Plan and Notes - Pool C nemalon 12/22/03 SPC4.1 Roof FnwWng Plan and Notes - Pool Caicession 12/22/03 MPC2.1 Maduvftai Fkwr Plan - Pool Concession 12/22103 Og/01/04 PPC2.1 Pkimbing Floor Plan - Pool Corxx an 12/22103 05/01/04 PPC7.1 Plumbft Ruiner DWWans - Pool Cron 12122103 FPC4.1 Fire ProWdon Floor Plan - Pool Cor4ession 12122108 05/01/04 EPC2.1 Ejeckical Float Phmc - Pod Concession 12122/03 05/01104 08101104 EPC3.1 KWwn Plan - Pod Canoession 12/22/03 05/01/04 08'/01/04 EPC4.1 Pot w Riser D and SdwdLles - Pool Cor=ul on 12/22103 05101/04 FSPC1.1 Food Service Plan 12/22,103 APt'1.1 Life /'ions - EME Bud fF1, ix2 d it3 12122103 Page 14 of 28 Aus- 80-24D4 I5:43 Frmm: -KRAFT PROJECT WXAWT ATTACHMENT #1 Enumeration of Contract Documents North Naples Regional Park T -455 ita x' T e, f,' E2 10 September 'J, 2004 Page 25 Cr 45 Page: Number Description Draft Issue Date Revision Date Revision Date Revision Data -- -t- APP2.1 Floor Plans - PUMP Sul #1 #2 &mild 12/22103 APP4.1 Refiem APP5.1 Roof ted Piers - Pump Buldirw #1, #2 & #3 12122103 Plans - pwo oul4kVs 01, #2 & #1 12=103 APP6.1 Exterior ElevaUommmm - Pump BUIMM #1 12122103 APP82 Exterior 8&44ons - Pump Bmtiidingc #2 & #3 12122103 APP6.3 Bul Secibna -Pump Buildings 41. 02 & #3 12122!03 APP8.4 Seo*ms and Details - Pod Pump Suldinp 01, #!2 & 03 12!22103 04/01/04 SPP2.1 SPP4.1 Foundation Plans and Notas - pump eutdings #1, #2 & #3 Roof FrammmMg Plana: and Noon - Pump BUitcdlr> IS #1. #2 & #3 12122103 12/22/03 MPP2.1 Modmarmicd Floor Plan - Purnp Bulding #1 121=3 MPP2.2 M2P2.3 Mechanical Floor Plan - Pump Duldino #2 M echanlcai Floor Plan - Pump Bulling # 3 12122103 12 PPP2.1 Plumbing FMbar Plan - Pump t3uRding ###1 12!122!0=3 3 PPP2,2 PI 191= Plan - PumP Bultdn9 #2 12122/03 PPP 2.3 Plumbing Flow Man - PurrV Suldliv #3 12122/03 PPP7.1 Plumbing Fdser lDlagrammms - Pool Pump Buildings 12122/03 PPP72 Plumbing Riser Di -.,Fool Pump Udirvag 12122103 FPP2.1 Fire Pmn#edion Floor Ptan - EuR BURCIN #1 12/22103 FPP2.2 Fire Pratedon Room• Plan - Pume Dulift #12 12122!03 FPP2.3 EPP1.1 Fire pmatdon floor Pier - Pump BUH dirQ #{3 E16d ical Fbor Plana - Purry SUROV #1 12122/03 12122103 08101104 06101/04 EPP1.2 EPP1,3 Lighting Floor Pure - Pummmp Power Riser DWgra#mms and Sdieduls - Pump euilding#1 12122103 12122103 05101104 06101/04 EPP2.1 ELECTRICAL FLOOR PLANS- PUMP BUILDING 02 12222103 05/01104 08/01/04 EPP2.2 LIGHTING FLOOR PLAN - PUMP 13UI1 DING 02 12122/03 EPP2.3 POWER RISER. DIAGRAM AND SCHEDULE- PUMP BUILDING! 42 12122103 05101/04 EPP3.1 ELECTRICAL FLOOR PLANS - PUMP BUILDING #3 12/22103 05/01/04 06101/04 EPP&2 LIGHTING FLOOR PLAN - PUMP BUILDING #3 12122/03 EPP3.3 pOWF-R RISER DIAGRAM! AND SCHEDULE - PUMP BUILDING #3 1212= 055101104 ARE1.1 LIFE SAFFETY PLAN - RECREATION 17122/03 04/01/04 ARE2.1 DIMEENSKNED FLOOR PLAN - RECREATION 12J22M3 ARE2.2 REFERENCE FLOOR PLAN - RECREATION 1?12M 04/01104 06101/04 ARE3.1 ENLARGED MSTROOM DIMENSIONED PLAN. RECREATION 12!22/03 ARE3.2 ENLARGED RESTROOM RIFFERSWA PLAN- RECREATION 12/22/03 ARE4.1 REFLECTED CEILING PLAN - RECREATION 12/22/03 ARE 4.2 REFLECTED CEILING PLAN -- RECREATION 12/22103 ARE3.1 ROOF PLAN AND DETAILS - RECREATION 12/22/03 D4201104 ARE6.1 EXTMOR ELEVATIONS- RECREATION 12/22183 06101184 ARE6.2 BUILDING SECTIONS- RECREATION 17122/03 05101104 ARE8.3 BUILDING SECTIONS - RECREATION 12122103 ARE&4 IWALL SECTIONS- REMEATION 12122103 0=1IN ARd:B.6 BECTION3 AND DETAILS- RECREAnoN 17122/03 05201104 I 08101104 Page 15 of 28 AUDI- 30-/004 15:43 From-KRAFT PRO,[ECT WAMENT T -456 y' 11i jer T*111210F September 14, 2004 ATTACHMENT #1 Page 26 of 45 Enumeration of Contract Documents Noah Naples Reglonal Park Pap Number Descrioan Draft Issue Dace Reviskon Date RevWon Date Revision Date 1 INTERIOR ELEVATIONS- RECREATION 12122103 AFiE92 INTERIOR ELEVATIONS- RECREATION 12122!03 05!01104 IDRE2.1 FINISH PLANS AND FINISH SCHEDULE. 12121!03 05101/04 IDRE2.2 FURNITURE PLAN 1212= 06101/04 SRE2.1 FOUNDATION PLAN AND NOTES • RECREATION 121?2/03 04115/04 SRE4.1 ROOF FRAMING PLAN AND NOTES - RECREATION 12122/03 0411501 MRE2.1 MECHANICAL FLOOR PLAN — RECREATION BUILDING FITNESS 12/22/08 MRE2.2 MECKANICAL ROOF PLAN— RECREATION BUILDING (GYM) 12/22103 MRE2.3 Ia EcHANICAL F- NLARGED PLANS — RECREATION BUILDING 1222103 PRI =2.1 PLUMBING FLOOR PLAN — RECREATION SULDING (FITNESS) 1212? 3 PREZ2 PLUMBING ROOF PLAN — RECREATION BUILDING GYM 12/27103 PRE7.1 PLUMBING RISER DIAGRAMS - RECREATION BUILDING 12122103 PRE7.2 PLUMBING RISER DIAGRAMS- RECREATION BUILDING 1212=3 FRE2.1� FIRE PROTECTION FLOOR PLAN — RECKATION WILDING (FITNESS) 12/22103 05/01104 FRE2.2 FIRE PROTECTION ROOF PLAN - RECREATION BUILDING (GYM) 12=31 05/01104 SPM.1 POWER FLOOR PLAN - RECREATION BUILDING FITNESS 12/22103 05101104 06/01!04 ERE2.2 POWER FLUOR PLAN - RECREATION BUILDING (GYM) 1212 M 08/01/04 06101104 ERE3.'i SYSTEMS FLOOR PLAN - RECREATION BUILDING (FITNESS) 12/22103 05/01/04 08/01/D4 ERE3.: SYSTEMS FLOOR PLAN - RECREATION BUILDING GYM 1Z=3 05101104 08101/04 ERE4.1 LIGHTING FLOOR PLAN — RECREATION BUILDING (FITNESS) 12J22/03 05101104 09/01/04 ERE-4.2 LIGHTING FLOOR PLAN — RECREATION BUILDING LGM 12112103 05101/04 ERES.i POWER RISER DIAGRAM AND SCHEDULES — RECREATION BUILDING 12122/03 05101104 06/01/04 ERE-C1 j ELECTRICAL PANEL SCHEDULES- RECREATION 12112/03 05101/04 05/01/04 Page 16 of 28 Aur30-2004 15 :44 Prom -KRAFT PROJECT WA6iifiiT ATTACHMENT #1 ADDENDUM 01 NORTH NAPLES REGIONAL PARK C OLL IM COLINITY, FLORIDA SPEC LOG - ISSUANCE DATES Burke. Hogue & MNIs Asaodatss, Inc. Project #2002.052 isc►eele A t !!tM It&MIMUTe T -455 - cjfti1 211terrF+12210F September 14, 2004 Page 27 of 45 812&2004 Section 01010 Summo Of Wok ^ _ 9 S Section 01010 Summo Of Wok ^ _ Swdw 01041 P Contact Coordination Section 01045 Cumng and Patd*Q _ seddon 01060 Field Engkw Section 01060 . _ _ . RegulsmrY Regrilretnenfs _ -- Sacdon 01152 AppOCalkm for Payrnard Sacdan 01159 Change Order Procedum Section 01202 Progress Hearings Sacdon 01340 SW Drawings. Product Data and Samples Seadon 01405 Contract Qum C.of�w Section 01410_ Teeting Laboratory Servkms sacdon 01b 10 Tornporary Fadiitles Sion 016M Bart 's Seat 01560 Tern_po_ y Corstras _ secdon 0158.9 - _ Construction 0nning Sedan 015M Project leentifkstIon and Suns Sect 01840 Product Handlleq Seedon 01700 Contract Clouout Sectfon 01712 FkW Cis Wng Section 01720 Pro -Ica Record Doc umm�fs section 01730 Operstlon i asinw -make Data Section 01740 TwarraNn and Bonds - ONPION IOt: S MWORK Section 0=1 Ten *s Control (SW Poison€na� - 6lvlst01 i a CoNcrtm S4r.4at�'03300 Cut-ft Pinta Concxebe DINISIOIli 04, MASC _. _ ...... __._ SeoJtin 04100. ., Cerrlprtt and Lhw i44ortrrr Section 04150 Ma!eM A Section 04210 bits Section 04220 Corte Un to Section 04270 - _ Clatis Mesonry Unf s Sectlon 04720 Cultured Skm Veneer _ 2002.052 Page 17 of 28 Addendum 01- Spec Index AurIO-Z004 15:44 Frm -XMFT PROJECT MMAMENT ATTACHMENT #1 rft Alum OS; MUALS T-456 ,lTgOlVUlerrF+lZZ 10F September 14, 2004 Page 28 of 45 CAI �- v 5 Seddon 05120 Structmw Steel _ .. Section 05210 Steel Jotsbt Section 06310 Steil Dock _.. Sedan 05311 ,.. _ _ i 9R Root Deek Assembly Sedan 06400 prefabticsd CoW Formed Metal Trusses & MeW Fra� seawn 05600 Meta! Fabrications Section 05610 MOW Stairs and Ralllrw DIVISION 08: _ _ _ WOOD AND Pt.ASMC8� Section 08100 Rough Cwpentry -- Section 05400 Ardtactund woodwork Section 06411 Pty Lamb Face wood Cabinets Salon 06600 P{asdo F-Tbr cation (Kitchen 1Nawxmrrdj* DMStON 07: THraRML AND (MOISTURE PROTECTION Sion 07111 sous R@Mmaft section 07210 Building Insulation Section 07410 Maxwfactu W MeW Roof and WON Panels _ Sin 07460 Fiber Cement S' Panels Swim 07550 Modified ftwnen Ft.w" _.. _ ......._ 8sdion 07630 Saes# MeW Flashing and TAm ._... _. _. .._ Section 07724 . _....... roof Hatches Section 07840 Fl Semen 07920 Sealants and Cauildng DIVISION 08: DOORS AND WINDOWS Ssc"011 08110_ Swel Doors and _ _ _ Section 08x10_ Wood Doom Sealers 08310 Arcs Doora and Panels Se n' 083_30 CoUlng Doors and Grilles Section 06620 Alurnk m Windows Sedion 08700 Finish Hardware SecWn 06800 pOZinO _ - -. _._ ._.._. _ �._.._._ . -- - - -- •• Secttot► 06840 Plastic Gazing Section Q8911 Glazed Aluminum Curtain Wks i Page 1S of 28 Addendum 01- Spec Index Au=-30 -2004 16:44 Fr=—,KT P fia WAGIENT ATTACHMENT #1 T-466 %, 9en-FNR 1 OF September 14, 2004 Page 29 of 45 I i g 5t DMS1ON pa: rsrnvnw - seo rk 08260 Board Assenaft - Secbn 08910 Ceramic Toe _- Sscion 09410 Portland Cement TOM= S.ccbn 09510 AWXWcal t,eiilt>$s -- - Sec*m09640 Wood F gecdon 09W Wood Athletic Flooft Sec&m 091;80 Rest FWadn tscdon 09885 Sheet Carpet Section 097_71 Ft w Reinbrod Plastic Panels (Kitchen Wa�ilbostdj . $ecdon 09500 �n9 ....... _ DWION 10• SP1`GLAI.TlFS __. — Socdon 10100 VWual Display Boards Secgon 10170 so8d Plastic ToRd Partitions Sidon 10210 Wall L.ouvem -- Secdon 10540 Manufactured Doodor specUnittes tt2odcj . Sec:Mon 10440 intstiar &ignage StAndards _ -- S n 10506 Plastic Lodcem _ $ 10520 Firs Protean 8 ^Hides Sscdon 10550 ma boxes Gctison 10534 - _ Walkway Covers _ Sselm 10563 Folding Panel Panidon - -- - Ssdion 10750 Public Telsphonms _ .... . SsG%n 10th Tails# and Bath mivl810N 11: EMPMEN7 i;Wo -n 11000_ Owner Fumished E.quOmerd Secdon 110_20 Sawthy and Vault Syuipmeni S:cdon 11132 Pr)acdon Weeps ..._ -•- SeeW 11453 Reside dances - - _ _ Socgon 11457 TekMslon Unft and Acc wriw Sscko i 1480 AthIedc.FAukW 0— ION 12: FURWHlNGS _.. - Section 12491 Blhtds Section 12060 Y Tel NO-3 DIMION 13• SPECIAL CONSTRUCTION Section 13121 Mead Bulldft System Page 10 of 28 Addendum 01- Spec Index Aug - 30-20114 15:44 Fri -KRAFT PROJECT WAMOT ATTACHMENT #1 T-466 jgWV02jerrF, N 10F September 14, 2004 Page 30 of 45 � r r- 5 ai 2002.052 Page 20 of 28 Addendum 01- Spec Indent Section 1SM0 Basic Mechankud Mates wW Me# Ws Section ISM — Mkmbneouc Work and EquipmeM Smdon 1 Si081 twtlsd Water Pk ft seeft 1.16075 Medwy" tden"cadon SsCtlon 15085 Hydronk Ssctiun 16 0 Su DwAces _ Sion 15097 Pipe SNwy Esc utchatms and Guards Seem 15100 _ V Nees - HVAC . section 15101 Valves • Piumbino — — 15M Vertehla Fniquerew Mc bN SpeW Conbx4w Sscdon 15140 Giic utatv Omps 3scWn 15200 _- Vibreon isolation _ Section 15250 Insuiaban forPipirg. Pumps anti Inc -- SscWn 1 5251 Piumblrg Rkft Irwuiadw $w-don 16290 Duct InsulidlCn Section 15411 Water DWhtK w Piping �.- Section 18420 Drainage and Vent !'!ping . Section 15430 !ng, Specialties _Dim Sesdon 15440 Plu Mna Fbdures Sec*m15451 _ r:lwirioWaterHoaists ....._ -- Set Wn 15482 Fuoi -FVW Water Haft Section 16496 Nattaal G" PIPIng Section 16630 Ratrtgenult Ping 4 Units _ Sectlon 16671 Condenw Sectlon 16672 Air Gaoled Water Chilies &ftdon 15685 ChW Water Treatment Section 15830 - Ptwuer and GETk VentlWors - Section 15834 Air HendgrgUttlts _ - Section 16840 _ Ductwork and imtatian 8 KUM 15858 Pad" Indoor Air Handling Unks Section 15860 Due % ACCessodes Section 15870 Air 6iets and wow Section 15900 Facility Managsment System Section 15933 VAV. System Terminei Unbs Section 15990 Teaft and E alanchy HLdro* Systww _ Section 15996 Testing end ftandm Air Sedan 15899 System Swdrotomm6-doning 2002.052 Page 20 of 28 Addendum 01- Spec Indent Aui-80 -2004 15:44 F r= -KMFT PROJECT i AMMT ATTACHMENT ##9 T -456 %gW8j$errFH2Z10F September 14, 2004 Page 31 of 45 DIV1310H 16: ate`• �'•'••••;- se&on 16010 $cote lec�tlCal � � Sedwn 16012 ScibrrVtteis Sean 16013 Subsfttutions Sochon 16014 Rawance Standa� and Regulatory Rec#ulrergMts. Secbon 1i�15 wachical SY and Abbrevlat�s Section 16090 Taata & Petictnnanoe Veffication Sedw_n 16095 Ae ration d Coro eted Elvowcai tams - - Ssctbn 16096 _ Operation and Maintenance Manuals _.. .. _ .._ .. Section 16111 Candwt Section 16123 8 Wtts and Cable section 1611 Bo�oss Section 16140 Whiny INMM- __...... ,.. Section '!8170 Grounding and Bonding, §action 18190 Supporter Qe+tlew Section 16196 E1ecMcal ldet>ISticaiion section 16421 L ltity Seroios Entrance Sewon 16426 - Dist Mon S�on 1644f_ . Enclosed Switches . - - -- --- Section 19461 Dry Tyre Tran:skmners Sed1en 16470 Parwftoards Section 16477 Fuses Section 16485 Encdossd COQUZU" Seaton 18510 Interim Laminas Section 16630 - Site Lighting _ _.....,. _ —..... Section 16670 Lightning Pm"on Syst"._. Section 16871 Surge SUPPm3asion — Section %7-21 Fire Alarm System ' Qnwliwn 197d1 ?crane Service and Pa#wja" Page 21 of 28 Addendum 01- Spec Index Aur30-2004 13:44 Frog -KRAFT PROJECT WMGMEMT T-46B - ,?g22VWaerrHZZ 1 OF September 14, 2004 ATTACHMENT #1 Page 32 of 45 Enumeration of Contract Documents North Naples Regional Park Landscape Drawings Page Number Desodp* t Issue Date Revision date Revision Date Revision Date Bellomo Herbert ! Smallwood Dell n Groyp L-0 Cover Sheet _ _ Overall Site Plan _. _ ..... _. _.... Key Map 11/17/03 L -1 11117/03 11/17103 L-2 05101/04 L`3 Plantna Plan 11117/03 LA Planbflg Dart 11/17/03 05101/04 _ _ r - L-0 Planting Plan _ _ __. -- - - Plantln Plan --- -..... _ Pool Area Tres Plan Pool Area Shrub !1 Turf Plan 11/17103 05/01104 L-6 11/17/03 11117_/03 05101104 L -7 05/_01 /04 _ L -7.1 11117/03_ L -7.2 Plpfl. ngPlan 11/17103 11/17103 _ 05 /01104 L--8_ Planling Plan__ T _ Ientin Plan L -8 11117/03 05/01/04 _ L -10 Planfing Plan 11/17/03 05101/04 L -11 Planting-Plan _ Planflng Plan 11117/03 11117103 05/01104 _ L -12 L-13 - -- _ _ Planfing Plan 11/17/03 05101104 L -14 PlanUng Plan 11/17/03 05/01/04 L -15 L-16 Planfing Plan 11/17/03 Planfing Plan 11117103 L -17 Planting Plan 11 /17/03 05/01/04 , L -18 Plantng Plan Plantin flan 11/17103 11/17/03 05/01/04 L-1 a - _ L -20 Planfing Plan 11/17103 L-2-1 Plentin Plan Planilng- Plan ~ - - -- _ _ . 11/17/03 11/17 /03 L-22 _ 05/01104 L -23__ L -24 — L-26 Overall Turf Plan 11/17 /03 - _ - _ � Turf Plan 11117103 05101104 Turf Plan 11/17103 05/01/04 L-2ti Turf Plant 11/17103 L-27 Turf Plant 11/17/0310,5/01/04 L-28 Plant Legend & Details 11/17/03105/01/041 - Page 22 of 28 AurSO -2004 15:44 FrwKRAFT PROJECT WMGWENT ATTACHMENT #1 Enumeration of Contract Documents North Naples Regional Park Irrigation Drawings Page Number Description Rsllomo Herbert 1 James C. Abney & Assoda IR-CS Cover Sheet ._. ___..... Messer !Key Sheer IR -MKEY IR 1 _ IR-2 _ Irri ation Design Sheet Irfl anon Des n Sheet .... Irrigation Des�n Sheet IR -3 I R-4_ IR-5 I n1 abort Design Sheet Irrigation Desig n Shoat Ini Lion Design Sheet IR-6 IR -7 _ IR-8 Iffluation Design Sheet Irdoafion Design Sheet Irrigation Design Sheet Irrigation n Sheet Irrigation Desi n Sheet__ _ IR 9 IR 10 IR 11 IR 12 Irri anon Design Sheet IR -13 Irrigation Design Sheet IR -14 Irrl Batt pesiSln Sheet IR -15 Irrigation Design Sheet IR -16 IR -17 IR 18 - Irrigation Design Sheet Irrigation Design Shest Irrigation Design Sheet IR -19 FR--20' -- Irri ion Dell gn Sheet I ion Design _ Sheet Overall Sheet #1 IR -21 IR 22 Overall Shoat #2 !R 23 6verai1 sheet #3 IR -24 IR -25 T ! ation Details Sheet Irrinaflon Details Sheet IR -26 ILrigation Details St"... _ ._.. Irrigaan Notes Sheet IR -27 IR -28 ! atlon Legend Sheet T -456 /Fgh'VUierTff4U 1 OF September 14, 2004 Page 33 of 45 Issue Revision I Revision Revision Date Date Date Date 3/221014 -M g-_04_1 .. +-_r ! Page 23 of 26 firr" "14 + + u M I Page 23 of 26 Auri0 -2004 15:44 FrwKRAFT PROJECT WAGMEHT ATTACHMENT #1 Enumeration of Contract Documents North Naples Regional Park Pool Drawings T-456 q�SiM22errfM210F September 14, 2004 Page 34 of 45 Page Number Description Permit Review Date Revisi� Date Rsvision Date Revision Date uaUc Design & En inesrin Inc. W.0.01 cover sheet 12/10/03 01119/04 05101104 W.U.02 Index & Legends 12/10103 01119!04 05/01 /04 W.1.01 Partial Site Area 12110103 W.1.02 Partlal Site Area - Enlargement 12110103 1 05/01104 W.1.03 Partial Site Area - Enlargement 12110/03 051014 W.1.04 Partial Slte Area - Enlugement 12/10103 05/01104 W.1.05 Partial Site Area - Electrical Coordination 12110103 W.1.06 1PIpingTranahas 92110/03 W.1.07 1COwm Lines 12110103 W.1.08 1)wmtwi 12/10/03 W.1.09 Dewatering 12110103 W1.10 Dewaterin 12110103 W.2.01 Equipment List - FarnI4 Activity & Wading 12/10/03 0510'/04 W.2.02 Equipment List - DWS Pool 11WF 12110!03 05101104 W2.03 Equipment List - Slide Pool I River 12110/43 05/01104 W.2.04 Family & Actin - I.D. & Bond 12J10103 05/01104 W2.06 Wading & D - Equipment I.D. & Bond 12/10/03 W2.06 14VF & Slide - §qu LD, & Bonding 12110103 05/01104 W2_07A Rivet• - E I.D. 12110103 W.2.07.8 1La4 River - EqukxTmM I.D. 12110103 05/41/04 W.2.07.0 River - Equipment I.D. 12110103 W2.08A Lazy River - BondhV 12/10103 W.2.083 Lazy River - Bondi 12110103 W.2.08.0 Lazy River -_Bonftg 12/10103 W.2.09 Finish Schedules - Family, & Wading Pools 12110103 OSf01104 W2.10 f=inish Schedules - Diving Pool & IWF 12110/03 05/111/04 W.2.11 FlnM Schedules - Soda Pool & Lazy River 12/10103 05!01104 W.3.01 Dimim otts - Family Pool 12110103 05/01/04 W.3.02 Dknensions - Pool 12/10/03 05101!04 W.8..08 Dmensions - Wading Pod 12/10/03 .3.04 Dimensions - Ming Pool 12/10/83 W.3.05 IWF - Dimensions & Section 12/10103 06101/04 W.3.06 Dimensions - Slide Fool 12/10103 05/01/04 W.3.07A Ditneeslo Section & Beam - 6M River 12/10103 W.3.07.8 Dimenslorm Secdon & Beam • Lm River 12110/03 Page 24 of 28 Aut-90-YQ04 t 5:45 From -KWT PRDJECT WAGIENT ATTACHMENT #1 Enumeration of Contract Documents North Naples Regional Park Pool Drawings T -466 :., UVUIe& BIZ 10F September 14, 2004 Page 35 of 45 Page 25 of 28 Aug-30 -2004 MU Frei -DAFT PROJECT itPd4AOST T -459 MjftVWtterrf -N4Z 10F September 14, 2004 ATTACHMENT #1 Page 36 of 45 Enumeraflon of Contract Documents north Naples Regional Park Pool Drawings page Number Description Review Date Revisbn Date Revision Date Revision Date W.4.11 Details - com 12/10103 0/.4.12 Details - Water FeaWres Rand MOM 0/.4.13 Detaiis - Water Features SCS 12110/03 W.4.14 Details - Water Features SCS 12/10/03 W.4.16 Details - Water Features W 12/10103 W.4.1 fi Details - Water Features #a 12110103 W.4.17 Datalls 12/10/03 yy.�;.01 E u mend Ustint Perth! 12110103 011'1 9/04 05101 /04 W.t3.42 ui ment Listin Partial 12110= 05101104 0/.5,03 t �.isln Partial 12/10/0;/ 05101/04 0/.6.(34 Filtration E u t Roan Dimensions 12/10/03 01/19404 W.'.05 Filtration u Room I.D. 12110/0:3 01/11}!04 0/.6.06 Room Dimensions & I.D. Slide Feature - i en 12/10103 W.5.07 River Feature - E . Roam Ditnensions 12110/03 W.5.08 River Feature - . Roorn I.D. 12/10/03 W.6.48 EgAment Room Filter SchemsUo - FamW Pool 12/10/03 05/01 /04 0/,6.10 EquIpMerd Room Feature Schem. s - Family Pool 12110103 W.5.11 Equipment Room Filter Schematics - ArA Pool 12/10103 06/01104 W.5..12 F-gulpment Room Feature Schem.'s - Activity Pool 12/10103 01/19104 W.6.13 Equipment Room Filter Schematics - Wading Pool 12/10/03 05/01/04 W.6.14 Equipment Roam Features Sahem."s - Wading Pool 12/10/03 41119104 W.5.15 leggpment Room Filter Schematics - Diving Pool 121100/3 05/01104 0/.5.16 F ul ment room Filter - iWF 12110/03 05/01/04 0/.6.17 i ant Roam Feature 6che: s -1WV F m 12M 0103 OSM1104 W.S.18 E ul nt Room Filter Schematics - Slide Pool 12!10103 W.5.19 ui t Room Feature &deem: s - Sfsis Pool 121101113 W -5.20 ul merit Room Fitto' Secs - River 12110/03 05/01/04 W.6.21 u ent Roorn Feature Schern.'s - River 121101113 W,5.22 Filtration Equipment Room - Pads & Blockouts 12/10/03 01119104 W.5. FIB Equipment Room - Pads &. Blockouts 12/10103 01119104 W.5.24 ISIide & River Feature ?A. Rooms - Pads & Bkzkot s 12/10103 W.5.25 ISIlde & River Feature . Rooms - Pads & BICClcouts 12M=3 W-.S—. 2- 1 Pipina Mantis 12MO103 W.6.01 ui ran Roan Details - Chemic-W 12/10133 W.8.02 He and Sge2aft Details 12110103 W.8.03 1§9ulpment Room Deals 12110103 Page 26 of 28 Aus-3O -2004 15 :48 Fr=- WT PROACT 11WGIENT ATTACHMENT #1 Enumeration of Contract Documents North Naples Regional Park Pool Drawings T-456 tDM(921eaMZz 10F September 14, 2004 Page 37 of 45 pap Nunber DescxrpHan Permit Review Revision Revision Revision Date gate Date Date W.6.04 &UiPMerTt Roam Details - Fftm 12110/03 Fv",6 .s.06 ul nt Roam Ohs - Filters 12!10!03 7 E . Room - Debb - Cherrkei Tanks 12!10103 Page 27 of 28 Aw-36 -1004 15:45 Fri -KRAFT PRDJECT WAGk NT T -456 A. ("itA;l9emF rM10F September 14, 2004 ATTACHMENT #1 Page 38 of 45 Enumeration of Contract Documents North Naples Regional Park Pale Ninnbw {asye ITap' RQY. tmta R6Y. late Ftev. i3atR FisV. D8% Ftov, Oats Rev. Daw Site CW Plans as prepaved by Agnoll Barbrr & ndage Coves Shog C2 Exhisfing CtuiQ't we Lftp Sep-02 11105 12 C3 Ske Development Plan 2 i lMSM2 09117/03 10/003 12JI7W 01119/04 4/2012004 C4 Plan & Profile Key Map & Clearing Plan Sep-02 1110SM2 09117103 01/19/04 04120104 C5 S!Vning & Marking Plan Sep-02 1IMO2 04/19104 G8 Site Plan Sep-02 11105/02 49117/03 01118104 06/01104 C7 Site Plan Sep-02 11105/02 09117103 011104 05/01104 C8 Site Plan Sep-02 11103/02 09/17/03 01/19/04 05/01104 C9 Site Plan Sep-02 11105102 09/17/133 01115/04 05101104 C10 $ka Plan Sep-02 11/05/'02 08/17/03 01119/04 04/20!04 C11 proposed Lake #1 & #2 Detali Plan Sep-02 11/05/02 01/19/04 C12 Plan & Prcolle Station 10+00 to 24+00 Sep-02 11/051132 C13 Plan & Profile Rtefon 24+00 to 37 +50 Sep-02 11106102101/19104 C14 Plan & Profle Station 37 +60 to 51+50 Sep-02 11105/42 01/19104 C16 Plan & Profile Station 51 +50 to end LS #1 & LS #2 Sep-02 011191x4 0113 Plan & Profile MH #6 to MH R. MH #5 to MH #4 & MH #1,to MH #2 Sep-02 11105/02 01119104 C17 Plan & Profile MH #9 to MH #11/MH #11 to MH #13 Sep-02 11/05102 01/19104 C18 Plan & Profile Notch Entrance Road Sep-02 11105/02 01/19/04 CIS Construction Details Sep-02 11105!02 01119104 C20 Erosion Control Construction Details & 1M Details Sep-02 11106/02 01/19104 021 Construction Details Sep-02 11/05/02 10108!03 C22 Sewer Details C23 Water Details 2 1110542 C24 Construction & Water Details Sep-02 11/05/02 C25 [pump Station #1 Details Grease Tra p DgWE Sep-02 1'I/002 10/08K33 01/21/04 C26 JP-urnp Station #2 DgiaSs Sep-02 11 1/05/02 10/08/03 12117109 01/19/04 Page 28 of 28 Agenda Item No. 10F September 14, 2004 ATTACHMENT NUMBER 2 Page 39 of 45 Allowance Items August 18, 2004 o Florida Power & Light Engineering and construction costs to provide power to the project site. 0 Sound System. 1 of 1 Allowance $150,00o Allowance $ 25,000 0 0 a 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0 o ATTACHMENT NUMBER 3 Assumptions & Clarifications August 18, 2004 Agenda Item No. 1 O September 14, 2004 Page 40 of 45 Rock blasting, hammering and removal are not included. Unit rates to be provided. Removal and replacement of unsuitable soil and demucking are not included. Unit rates to be provided. The replanting of areas where exotic removal has been performed is not included. Material testing is not included. Asphalt paving is included as a "two lift" operation. Building permit and impact fees are not included. No Rip Rap has been included No site sound walls are included. An allowance of $150,000 has been included for FPL utilities. No other utility fees have been included. Interior signage is included as code minimum. Site directional signage is included as specified. Ball field construction does not include fumigation_ The only sports netting included are for five (5) deflection nets for overhead foul balls at the softball fields_ Office furniture is to be supplied and installed by Owner. The supply and installation of site furnishings is included. Curved structural steel roof trusses will be designed and engineered by Kraft Construction Company, Inc.'s structural steel subcontractor. Curtain wall is included only at openings where storefront would not be allowed due to testing requirements. Common areas surrounding the fields are sprigged as designed with a clean fill sub base. No golf course mix provided at these locations. Fire sprinklers are included for "Pool Pump Buildings'. The Maintenance Building is included as a concrete and masonry structure. Baseball field sand clay mix quoted as 70/30 mix design in lieu of specified. I of 3 Agenda Item No. 1 O September 14, 2004 ATTACHMENT NUMBER 3 Page 41 of 45 Assumptions & Clarifications August 18, 2004 o No rototilling of athletic field root zone mix per specifications. o No effluent water meters included. • Water use permitting by Owner. • The cost for the initial filing of pools and water features is by Owner. • Fire pump &. reserve tank not included. • No limerock base included underneath the sidewalks and hardscaping areas. o Insurance is not included for the diving boards after Certificate of Occupancy is received. o Builders Risk Insurance is provided by Owner. o A FM200 Fire Suppression System is not included. If the Owner elects to provide a FM200 System for the data rooms (Community Building Room # 119 & Office Building Room #10 ]) the additional cost will be $17,225.00. • All buildings are protected with fire sprinklers. • A double row of silt fencing is included at the Preserve Area. • Sir (6) months of grow -in is included for the sports fields. • No residential appliances are shown therefore none are included. • Portable chiller piping, valves and equipment are included. The portable chiller when required is to be provided by Owner. • The 44" giant slide (middle slide at entry) and the 32" slide "B" will be provided at a later date. The structure for these slides is included. • The following revised specifications (received on August 06, 2004) have not been acknowledged by subcontractor, therefore, not included: Spec Sections: 02768, 02751, 02732, 02510, 02445, 02936, 02900, 02870, 02821, 02860, 02810 (all dated 7101104) Spec Section: 02722 (no date) Spec Section: 02870 (dated 8/03104) 2 of 3 ATTACHMENT NUMBER 3 NORTH NAPLES REGIONAL PARK OWNER ACCEPTED VALUE ENGINEERING August 26, 2004 SCOPE Agenda Item No. 1 OF September 14, 2004 Page 42 of 45 BOARDWALKS 1. Provide Boardwalk Loop #1 and approx.45V of 6' -0" walkway. 470,780 470,780 SITE ELECTRICAL 1. Provide alternate site fixture package specified by Bellomo- Harbert- 228,000 228,000 MISCELLANEOUS SITEWORK 1. Provide a P-T. Pine Fence with treated 11x8" rafts In lieu of Western Red Cedar. 15,000 15,000 SUBTOTAL 713.780 i SUBTOTAL 249,975 1. Provide Aspen Country Ledgestone in Hsu of Southem Ledgestone Fog. 50,162 50,162 2. Provide manufacturer`s standard storefront door hardware In lieu of spec fled. 35.600 35,600 3. Provide an alternate AHU in lieu of Liebert. 10.000 10,000 4. Provide a revised Johnson Controls Security Package. 191.968 191,888 SUBTOTAL 287,730 - - 1. Provide 90110 Mix for aN Ptayfietds in lieu of 84120 Mtx. 150,000 150,000 SUBTOTAL 150,000 - - �„ P�m1110➢ _ TOTAL 1,401,485 - - 3of3 Agenda Item No. 1 OF September 14, 2004 ATTACHMENT NUMBER 4 Page 43 of 45 Completion Schedule August 18, 2004 o Surveying and clearing will begin on or about October 1, 2004 upon Final "GMP" approval and receipt of Notice to Proceed. c Site work will be in progress while building permits are being reviewed and approved. o Fire protection and sprinklered plans will be prepared by the Fire Protection Subcontractor and submitted to the County in order to obtain building permits. o We anticipate that building permits are issued by the time that the building pads are in place and ready for building construction. c Construction duration is 18 months. Start Date: October 1, 2004 Substantial Completion: March 29, 2006 Punch Out to be Completed by: April 28, 2006 o It was discussed and agreed upon that the field sprigging and grow in to be completed after the substantial completion. 1 of 1 Agenda Item No. 10F September 14, 2004 ATTACHMENT NUMBER 5 Page 44 of 45 Alternate Prices August 18, 2044 NOT APPLICABLE 1 of 1 Agenda Item No. 1 OF September 14, 2004 ATTACHMENT NUMBER 6 Page 45 of 45 Unit Prices August 18, 2004 NOT APPLICABLE 1 of 1 �i September 2, 2004 Mr. James V. Mudd Collier County Manager 3301 Tamiami Trail East Naples, FL 34112 Agenda Item No. 12A September 14, 2004 1 ` Page 1 of 4 RECEIVED COUNTY MANAGER OFFICE SEP - 7 2004 ACTION -ILE CERTIFIED MAIL - RETURN RECEIPT REQUESTED RE: City of Naples — Collier County — Golden Gate Overpass Dear Mr. Mudd: Pursuant to the Florida. Governmental Conflict Resolution 'Act, the- City of Naples is -- invoking the Governmental. Conflict Resolution procedures contained in Chapter 164, Florida Statutes. A certified copy_11 of Resolution 04 ..562, adopted by the Naples City Council on September 1, 2004, is- attached and incorpora_64, into =this Iefter As outlined rn rho Rew lfflbt, thi:� iattl oft a' flie c�lln s° _ 1. The County intends to constrict art overpassn Goderare Parkway over Airport - Pulling Road, a porti6d f which rs v thin the Get l�rnrts 2. The City questions the necessity for the County to construct an overpass rather than to consider other alternatives or the feasibility of other alternatives, and believes that the County may not have satisfied all prerequisites for construction of the improvements. 3. The issues and justification are more particularly described in the resolution. s— The City is not aware of any other entities in conflict with the City concerning this issue. The justification for initiating the conflict resolution process is that the City is considering whether to initiate litigation or other avenues of challenge to the County's proposed action. The City would prefer to enter into a meaningful dialogue that might lead to a resolution of the dispute without resorting to legal challenges. 735 EIGHTH STREET SOUTH • NAPLES, FLORIDA 34102 Agenda item No. 12A September 14, 2004 Page 2 oz 4 The statute calls for a conflict assessment meeting. The proposed date and location for the conflict assessment meeting to be held pursuant to Section 164.1053 F.S. are as follows: Date: September 29, 2004 Time: 1:30 p.m. Location: Naples City Council Chambers 735 8h Street South Naples, FL 34102 It is recommended that the parties present be as follows: City Manager, City of Naples and County Manager, Collier County City and County Attorneys City and County Public Services Directors, or their equivalents City and County Traffic Engineers, or their equivalents City and County Traffic Consultants The City further proposes a joint public meeting, pursuant to the section 164.1055 F.S. and would propose the following date, time and place: Date: October 4, 2004 Time: 1:30 p.m. Place: Naples City Council Chambers 735 8h Street South Naples, FL 34102 It is proposed that the parties present be those parties set forth above for the conflict assessment meeting and in addition be comprised of the following: Mayor and City Council, City of Naples Collier County Commission We look forward to your positive response. Sincerely, Robert E. Lee, DPA City Manager cc: Bill Barnett, Mayor, and Members of City Council Robert D. Pritt, Naples City Attorney State of Florida, Department of Transportation Enc. City of Naples Resolution No. 04 -10562 Book 124 •:Pa e, , Age +�:1a +tern o. �A September 14; 2004 Agenda IteF1mgZ0..3J cm 4 Meeting of 9/1%04 RESOLUTION 04 -10562 A RESOLUTION RELATING TO THE COUNTY'S PLANS TO CONSTRUCT THE GOLDEN GATE OVERPASS; STATING THE INTENTION OF THE NAPLES CITY COUNCIL TO INITIATE THE CONFLICT RESOLUTION PROCEDURES OF THE FLORIDA GOVERNMENTAL CONFLICT RESOLUTION ACT, CHAPTER 164, FLORIDA STATUTES; SPECIFYING THE ISSUES OF CONFLICT; AUTHORIZING AND DIRECTING THE CITY MANAGER WITHIN FIVE DAYS TO SEND A LETTER IN ACCORDANCE WITH SECTION 164.1051, AND CERTIFIED COPY OF THIS RESOLUTION TO THE COLLIER COUNTY MANAGER BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County intends to construct an overpass on Golden Gate Parkway over Airport - Pulling Road within the City limits of the City of Naples; and WHEREAS, the construction of the overpass is deemed by the Naples City Council to be unnecessary and inimical to the health, safety and welfare of the residents, visitors and travelers in the City of Naples; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. The City Council hereby states its intention to invoke the Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes, with Collier County concerning Collier County's plans and intention to construct an overpass on Golden Gate Parkway over Airport - Pulling Road within the City limits. The procedures are intended to be invoked prior to the filing of court proceedings. Section 2. The issues of the conflict include the necessity for the County to construct an overpass, the unwillingness of the County to consider other alternatives and the feasibility of other alternatives. Section 3. The justification for instituting the conflict resolution process is that the City is concerned that the County may not have considered all alternatives to an overpass and may not have satisfied all prerequisites for construction of the improvements. Section 4. The proposed date and location for the joint meeting is October 4, 2004, at 1:30 p.m., at Naples City Hall, 735 Eighth Street South, Naples, FL 34102. Section 5. The City Manager is authorized and directed to send a letter by certified mail, return receipt requested, along with a certified copy of this resolution to the County Manager within 5 days of adoption of this resolution, conforming with the requirements of Section 164.1052, Florida Statutes. This includes at a minimum,• stating the conflict, the other governmental entities in conflict (none known at this time), the justification for initiating the conflict resolution process, the proposed date and location for the conflict assessment meeting (see Section 4), and suggestions as to all officials, who should be present. The City is also authorized and directed to mail a copy of this resolution to the State of Florida Department of Transportation, the State of Florida Department of Community Affairs, the Regional Planning Council and the Metropolitan Planning Organization. Section 6. This resolution shall take effect immediately upon adoption. Book 124 • Page Resolution 04 -10562 A Aganda !iem � No. 14A September 14, 2104 Page 4 of µ Page 2 PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAP FLORIDA, THIS 1ST DAY OF SEPTEMBER, 2004. ` / *(X-1' ` Bil arnett, Mayor Attest: A moved vt rm d legality: Tara A. Norman, City Clerk Robert D. Pritt, Ci Attorney M: \REF \COUNCIL \RES \2004 \04 -10562 Date filed with City Clerk: g/ Z 0 I hereby certify that the above and foregoing is a [rue and correct copy of records appea* in the files of the City Office iyg apses, Florida. Tide ,� -e� �Ve m Wd, -2r 32pem6e r 21, 2011 'Pa5e /y ( EXECUTIVE SUNWARY Recommendation that the Board of County Commissioners approve a budget amendment request for purposes of funding the previously approved settlement of the Aquaport cases. OBJECTIVE: For the Board of County Commissioners to approve a budget amendment request for the Property & Casualty Insurance Fund Center to fund the previously approved Aquaport settlement. CONSIDERATIONS: At its special meeting immediately preceeding the Budget Hearing held on September 9, 2004, the Board approved settlement of the Aquaport cases in a total amount of $2,750,000.00, with $2,575,000.00 of that sum to be funded by Northland Insurance Company — the County's excess insurance carrier. Because the County's insurance contract is what is known as an "indemnity contract ", the County must first issue a check for the total settlement amount at which point Northland Insurance will reimburse the County for its agreed portion of the settlement. Hence, the need for a budget amendment in the total amount of the settlement. A copy of the budget amendment documentation is attached to this Executive Summary. FISCAL MACT: The budget amendment will be for an increase of $2,750,000.00 in the Property & Casualty Insurance Fund Center No. 121650. $2,575,000.00 of this sum will be reimbursed to the County and that fund center by Northland Insurance. GROWTH MANAGEMENT MIPACT: There is no growth management impact associated with this Executive Summary. RECOMAMiNDATION: That the Board of County Commissioners approve the proposed budget amendment for purposes of funding the previously approved settlement of the Aquaport cases and authorize the Chairman to sign any necessary documents for the amendment and settlement. PREPARED BY: Michael W. Pettit, Chief Assistant County Attorney St.? ) r1 2004 Agenda Item No. 13A September 14, 2004 Page 1 of 2 EXECUTIVE SUMMARY REQUEST APPROVAL OF A BUDGET AMENDMENT TRANSFERRING FUNDS FROM GENERAL FUND RESERVES TO THE SHERIFF'S OFFICE BUDGET_ OBJECTIVE: To seek Board approval for a budget amendment transferring $2,500,000 to the Sheriff's budget to cover personnel costs for FY 2004. CONSIDERATIONS: During each budget year, per Board policy, the Sheriff's budget is reduced by 4% for anticipated vacancies. This year the Sheriff's Office has been successful in recruiting members and has fully staffed positions. Due to this hiring of members, funds are needed to fund payroll for the month of September. The requested amount is consistent with budget forecast submitted June 1, 2004. This request does not include any funding from Hurricane Charley. FISCAL IMPACT: Funds are available in General Fund Reserves. GROWTH IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the budget amendment transferring funds to the Sheriff's Office. REQUESTED BY: REVIEWED APPROVED BY: DATE: Jean A. Myers; Budget Analyst August 30, 2004 Finance D , Sheriff Budget fokderVAsWord \Exec Sum - FY 2004 overtime draw attrition/jam A—dalla—NO !-A 1 'IN Pane 2 zi -1 COLLIER COUNTY Ilsm Summary R,W,m appal or a N'dpl ., Sff, Olffil. b-A931 J-1 S2.500 000 W1 M-UM a— 9".,20N 9 w 00 Appl—d By .kPP—'d By .ayer A r.- App—dBY Agenda Item No. 16A1 September 14, 2004 Page 1 of 5 '— EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Veronawalk Phase 2A", 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 Phase 2A", 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 Services has completed the review of the construction drawings, specifications, and final plat of "Veronawalk Phase 2A ". 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 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 consists of 160 Lots being developed by Divosta Homes, LP. Engineering Services Department recommends that the final plat of "Veronawalk Phase 2A" be approved for recording. FISCAL IMPACT: The project cost is $1,055,280.01 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $455,781.34 b) Drainage, Paving, Grading - $599,498.67 The Security amount, equal to 110% of the project cost, is $1,160,808.01 Executive Summary Veronawalk Phase 2A 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: $32,918.90 Agenda Item No. 16,x1 September 14, 2004 Page 2 )f Fees are based on a construction estimate of $1,055,280.01 and were paid in December, 2003. The breakdown is as follows: a) b) C) d) Plat Review Fee ($1,000.00 + $5. /ac) -$ 1,260.00 Construction Drawing Review Fee Water & Sewer (.75% const. est.) Drainage, Paving, Grading (.75% const Construction Inspection Fee Water & Sewer (2.25% const. est.) Drainage, Paving, Grading(2.25 %const.est.) GROWTH MANAGEMENT IMPACT: - $ 3,41836 est.) - $ 4,496.24 - $10,255.08 - $13,488.72 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 or a historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Veronawalk Phase 2A" for recording with the following stipulations: .lo-- Agenda itel , No. 16A1 September 14, 2004 Page 3 of 5 Executive Summary Veronawalk Phase 2A Page 3 1. Approve the amount of $1,160,808.01 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services 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 Services Director and the County Attorney's office. COLLIER COUNTY 1-1- CF CO-�� ~~��~ .~. ~~�� ~_'. I., � —^~~. P~=� ~_~ t—d°~C~��.�`w�~��=^' ~~"N"— "'.^-,="M°� =..~,~..~ App--d By App~~" By °~~. ^.~_.~—, ~.. ^pp~."", "~.^..~^~~' App~~"", Adl.Il App—d By ,..~..^.~ ^.-_.~...^~..~ .— App—"By ^°~. By ~ App~. By �� =`~ I F PR OJ ECT LOCATION ' � . ��v jell i �`•, <� LOCATION MAP Agenda item No. 16A1 September 14. 2004 Page 5 of 5 "d -17 SITE LOCATION SITE MAP VERONAWALK PHASE 2A Agenda Item No. 16A2_1 September 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water utility facilities for Hibiscus Pointe at Carlton Lakes 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 Hibiscus Pointe at Carlton Lakes 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 2/26/03. Final Acceptance is in accordance with Ordinance 2001 -57. 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 a Cash Bond in the amount of $8,746.37, 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 Hibiscus Pointe at Carlton Lakes, and release the UPS to the Project Engineer or the Developer's designated agent. COmmmUNTv SOAR"0� ZOU"-�� °��^^�~�~~�=~fanl,— f�=,—P—�~ ,,=�, ~~""= =.10=°°W= ^m~~"", P--° A"~° By ^pp~~by ^pp~_^* ^pV~"w ^.~.°~~~. ^�~...~ App--d BY ..~~~~~ ~~~.^ By ^..—.~ ^"~ "==~.~ ^°~~d By App—^* *~~.,^~ = ..^ .....^.. .'~.~....-. Appl—d~ LOCATION MAP Agenda Item No. 16A2 Sept--mber 14. 2004 Page 3 of LEE COUNTY Ao.mv y i �rtq. II 9 �r— - SITE LOCATION � Ihrl PROJECT LOCATION f 555p� _ E7 -awl- ' • vnRE �e�e ®,I wRFSwArEE mw R M salr � stwap¢ I m u.. n L� m a � �...� sera. .•.oeae. eur., LOCATION MAP Agenda Item No. 16A2 Sept--mber 14. 2004 Page 3 of R40MM POKM AT CARLTON LAKES SITE MAP tom•'` �r— - SITE LOCATION � Ihrl � -rte f R40MM POKM AT CARLTON LAKES SITE MAP Agenda Item No. 16A3 September 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Carlton Lakes Boulevard 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 Carlton Lakes Boulevard 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 2/24/03. Acceptance is in accordance with Ordinance 2001 -57. 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 $4,594.17, 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 water and sewer facilities for Carlton Lakes Boulevard, and release the UPS to the Project Engineer ,r— or the Developer's designated agent. COLLIER COUNTY BOAR' CF -OUMT,��, �=~ 3 "~"m"- "'.°20°"=W= ^pp~~* ..~..."^° ~~°~ �~ ~=~`~~ App--d By ~~"~.... '~,~`~1. ^°~~" By —lk~~. App—"By ^..~,.=.~~ =~.~ App~. BY ^°~d BY .~~...^^~.~. .~~~-D.~_~^ .��~~�~_.�^ ~�.~ = , ,kpp—d By ~ E.111--1.1 --l- A-1 ^=~~By ^pp~~By 1,112— ~~ ^pp~^w ��.5`1. ^pp,~d~ ~~~~~~ ".~~..~,. ^.~ _ .~°~`.°� LOCATION MAP 5 Agenda item ,.No_ 16A3 September 14. 2004 Page 3 or 3 CM&TON was e01. "mw SITE MAP r e LEE COUNTY �av � eawus. i i i u c ...a ueanow�'noo.ri.. ii ____ m g PROJECT ..e LOCATION 21 m'�n 1a ..a1a ® uyjl�[1 •M�Et.wNtE eYD M `�• eeewe2 15 lii �6 Vnn �' ��pJ mn i ua � i Y 66 r.r00ea srrre>v �a 3 � Jm wn LOCATION MAP 5 Agenda item ,.No_ 16A3 September 14. 2004 Page 3 or 3 CM&TON was e01. "mw SITE MAP Agenda Item i �o. 1 SAJ, September 14, 2004 Page! ol 11 EXECUTIVE SUMMARY Recommendation to approve a $120,000 change order to amend the existing contract with Tomasello Consulting Engineers, Inc. for expansion of the limits of the County's FEMA- related Base Flood Elevation study. OBJECTIVE: That the Board of County Commissioners approve a change order to amend the contract with Tomasello Consulting Engineers, Inc. in accordance with direction given at the July 27, 2004 Board of County Commissioners meeting. CONSIDERATIONS: On July 27, 2004, the Board listened to a presentation [Agenda Item 10(D)] and discussed the request to expand the current contract with Tomasello Consulting Engineers, Inc. for the FEMA- related Base Flood Elevation study. The request for the presentation came from the developer of Ave Maria University to expand the limits of the study area to include the Rural Lands Stewardship Area (RLSA) which is where the Ave Maria Stewardship Community District is located. The Board approved the request and directed staff to amend the contract with the consultant (Tomasello Consulting Engineers, Inc.) and develop a cost sharing arrangement with the developer (Eastern Collier Property Owners). It was directed that the developer cover the "lion's share" of the cost, meaning more than half. A work scope and cost proposal (see Attachment 1) has been developed by the consultant, and a letter of payment commitment (see Attachment 2) has been received from the developer. FISCAL IMPACT: The cost for Change Order No. 1 with Tomasello Consulting Engineers, Inc. is $120,000. The letter of payment commitment from the developer, Eastern Collier Property Owners, is for 51% of the cost. Therefore, the developer will provide funding in the amount of $61,200.00 to Collier County. Funding for the remaining $58,800.00 will come from the unincorporated MSTD General Fund (Fund 111) Reserves. GROWTH MANAGEMENT IMPACT: There is no direct growth management impact, although accurate floodplain information is vital to insure effective planning and permitting processes. RECOMMENDATION: That the Board of County Commissioners: 1. Approve Change Order No. 1 in the amount of $120,000 to amend the current contract with Tomasello Consulting Engineers, Inc., 2. Approve the letter of payment commitment from the developer for 51% of the cost of Change Order No. 1, 3. Authorize the Community Development and Environmental Services Division Administrator to sign the Change Order No. I for the Board, and 4. Direct staff to prepare and process the necessary budget amendment forms to utilize Unincorporated MSTD General Fund (Fund 111) Reserves in the amount of $58,800. �� Sep—b '14 p—,°" COLLIER COUNTY 30ARD°��OUNTY"O.111S�IOIIEIS ~~ °~~~~.`.°°°�~,~~°��.��~��~~ T—_. "~—N EN1~1 ~_~ ~_° Cowty .=° ~~=d t ---., "~°,"- "00 W^" ~.—P_.—J~ ^=—^* ", .,°°~..,.~".._."~..^' ~~. App—,d By App~. By °~_~", C~—,"~~_�^ -~�~.~~._~.^ "~=.~ App—d By ".;2~.^~ App—d By ~.= ^pp~^~ ^°~~ d 9, .°^^^^^.°-. °p—�d~ App--d By App--d By =�..°= Agenda Item No. 16A4 ATTAsil,TW4 1 Page 1 of 3 Tomasello Consulting Engineers, Inc. 5906 Center Street, Jupiter, Florida 33458 Phone 561 -575 -3910 Fax 561- 744-1865 dixietorn@aol.00m August 23, 2004 Mr. Joesph Schmitt Community Development Services Collier County 2800 Horseshoe Drive, Naples, Florida 34104 RE: Flood Studies to establish FEMA FIRM's for Land Parcels in the Fakahatchee Strand and Barron River Canal Basins Dear Mr. Schmitt, We are pleased to submit this proposal for the professional engineering services required for determination of the 100 -year floodplain and flood elevations and preparation of flood maps proposed for use as FEMA Flood Insurance Rate Maps. Scope of Work The proposed flood studies are intended to provide the necessary information to determine the 100 -year floodplain boundaries and flood elevations for the locations designated as the Rural Lands Stewardship Area (RLSA) Overlay and hereafter referred to as "study area ". The study area includes portions of three basins as defined by the Collier County Drainage Atlas, the Faka Union Canal Basin, the Fakahatchee Strand Basin, and the Barron River Canal Basin. The performance of the proposed flood study will require model simulations of the hydrology and hydraulics within all or parts of each of these three basins. The proposed scope includes setting up two applications of the S2DMM model. The first S2DMM application will be accomplished using a network of computational grids with half mile by half mile computational cells, each described by 100 subcells dimensioned 264' by 264'. The soils and topographic data will be provided to the model for each subcell. This application will cover the drainage basins affecting the flood conditions in the study area. The second S2DMM application will use a grid of finer computational cells, no larger than 1000' by 1000'. Each computational cell will be defined by 100- 100' by 100' subcells. This fine grid model will be applied to the RSLA study area and immediately adjacent lands. ATTA � T 1 Mr. Schmitt Page 2 of 3 Page V! ci 8/23/04 Page 2 of 3 The two S2DMM model applications will be performed in concert with three setups as follows: Setup 1: Grid networks will be setup with topography, soils, land use and with the primary canals and associated water control structures. Topography will be based on USACOE LIDAR data where available. Where the LIDAR data are not available, the SFWMD Composite data will be used. The topo, other than USACOE LIDAR data will be provided in x -y -z ASCII format by Barron Collier Companies (BCC) for a grid network of 100' by 100' cells defined by TCE. All soils information will also be provided by BCC with x -y coordinates for the TCE defined 100' by 100' grid. BCC will provide all available information on primary canal cross sections and primary water control structures. Setup 2: Secondary and tertiary canals, ditches, (with cross sections as available) and associated structures (including pumps) and water management systems will be added to the model setups from Setup 1. BCC will provide the available information on these facilities including control structure details, onsite 25 -year and 100 -year design stages and other SFWMD permit information pertinent to the model applications. The hydrologic data, provided by BCC, will be applied to the model as inputs (rainfall, evaporation, etc.) or as comparisons to modeled results (stages, flows) as part of the calibration/verification process. Setup 3: S2DMM will be applied to the coarse grid model for the 100 -year design conditions. The modeled stages or flows will be saved and applied to the fine grid as boundary conditions. The S21)MM application to the fine grid for the 100 -year design conditions will be used to establish the flood elevations for mapping. The draft Flood Insurance Study Report and draft Flood Insurance Rate Maps will be generated under this setup. After FEMA review and approval of the draft maps TCE will prepare the final report and maps in the format that FEMA requires. SCHEDULE TCE will deliver the model setups and associated materials according to the following schedule, assuming the required data are delivered within one week after Notice to Proceed. Setup DELIVERY DATE (days after Notice to Proceed) 2 3 Draft Report/Maps Final Report/ Map 30' 902 501 1102 70' 1302 913 1514 30 days after FEMA approval of Draft Maps Mr. Schmitt 8/23/04 Page 3 of 3 Agenda Item No. 16A4 ATT t, $0. 1 Page 3 of 3 1 Coarse grid model for entire watershed, fine grid model for Ava Maria only. 2 Fine grid model for rest of RSLA 3 Maps for Ava Maria only 4 Maps for rest of RSLA COST The proposed cost of the study is as follows: SETUP/MILESTONE 1 2 3 Draft Report and Draft Maps Final Report and Final Maps Total: COSTS $20,0001 /$10,0002 $20,0001/$10,0002 $15,0001/$5,0002 $8,0003/$12,0004 $8.0003/$12.0004 $120,000 I Coarse grid model for entire watershed, fine grid model for Ava Maria only. 2 Fine grid model for rest of RSLA 3 Maps for Ava Maria only 4 Maps for rest of RSLA 5 Payment due within 30 days of setup /milestone delivery. If this proposal is acceptable to you please sign both copies and return one. Sincerely, /44 f-4 Richard S. Tomasello, PE President Tomasello Consulting Engineers, Inc. Signed Date Change Order Page 1 of 2 CHANGE ORDER CHANGE ORDER NO. TO: Mr. Richard S. Tomasello Tomasello Consulting Engineers, Inc. 5906 Center Street Jupiter, FL 33458 DATE: August 20, 2004 Agenda Item No. 16A4 September 14, 2004 Page 6 of 11 CONTRACT NO. N/A BCC Date: 3 -23 -04 Agenda Item: 16(A)(6) PROJECT NAME: One Hundred (100) Year Flood Elevations for Five (5) Basins in Collier County PROJECT NO.: None Under our AGREEMENT dated March 23, 2004. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: Expansion of the study area to include the Rural Lands Stewardship Area (RSLA) in accordance with the attached Scope of Work letter dated August 18, 2004 from Tomasello Consulting Engineers, Inc. FOR THE Additive Sum of: One Hundred Twenty Thousand and No /100 dollars ($120,000). Original Agreement Amount $ 215,000.00 Sum of Previous Changes $0.00 This Change Order Add $120,000.00 Present Agreement Amount $335,000.00 The time for completion shall be increased by two hundred seventy -four (274) calendar days as follows: 1. the time for completion of the originally contracted five basins is not extended 2. the time for completion of the Ave Maria portion of the RLSA will be simultaneous with the original five basins and the remaining portion of the RLSA analysis will be completed within sixty (60) calendar days 3. the total time for the contract is extended to July 31, 2005 to account for review and approval by the Federal Emergency Management Agency. Accordingly, the Contract Time is now five hundred twenty -six (526) calendar days. The substantial completion date for the original five basins plus the Ave Maria portion of the RLSA is November 16, 2004 and the final completion date is July 31, 2005. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Change Order Page 2 of 2 Accepted: -A � „s`� 03 , 2004 CONTRACTOR: TOMASELLO CONSULTING ENGINEERS, INC. By: l By: Richard S. Tomasello, President Agenda Item No. 16A4 September 14, 2004 Pager of 11 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Joseph K. Schmitt, Administrator Community Development and Environmental Services Division CHEFFY PASSIDOMO WILSON & JOHNSON .� ArroRNEYS AT LAW 11P EDWARD K. CHEFFY BOARD CER"FIED CNIL TRIAL. ATTORNEY BOARD CERTIFIED BUSINESS LITIGATION ATTORNEY JOHN M. PASSIDOMO BOARD CERTTRED REAL ESTATE ATTORNEY GEORGE A. WILSON BOARD CERMIED WILLS, TRUSTS 6 ESTATES ATTORNEY F. EDWARD JOHNSON BOARD CERTIFIED WILLS. TRUSTS & ESTATES ATTORNEY JOHN D. KEHOE BOARD CERTIRED CIVIL TRIAL. ATTORNEY LOUIS D. D'AGOSTINO BOARD CERnFIED APPELLATE PRACTICE ATTORNEY JEFF M. NOVATT DAVID A. ZULIAN VIA COURIER - "RUSH" James V. Mudd Office of the County Manager 3301 East Tamiami Trail Naples, Florida 34112 A - :2nda Item No. 16A4 2 TT 2 Page 1 of �I�e ° ' 621 FIFTH AVENUE SOUTH, SUITE 201 KEVIN A. DENTI NAPLES, FLORIDA 34102 JEFFREY S. HOFFMAN BOARD CERTIFIED WILLS, TRUSTS 3 ESTATES ATTORNEY TELEPHONE: (239) 261 -9300 LOUIS W. CHEFFY FAX. V^ 261-9782 BOARD CERTIFIED REAL ESTATE ATTORNEY E-MAIL- CPWJanapleslaw.com CLAY C. BROOKER LISA H. BARNETT BOARD CERTIFIED REAL ESTATE ATTORNEY ANDREW H. REISS RECEIV OUNTY MANZCGEE M J. DEMPSEY . GUNNER, JR. OF COUNSEL L. NARNADOE August 23, 2004 AU 3' ?_ 3 1 u R. SCOTT PRICE ACTION Re: Flood Study in Eastern Collier County Dear Jim: Pursuant to the Board of County Commissioner's action on July 27, 2004, and our subsequent discussions, this letter is to address the financial participation of the Eastern Collier Property Owners in the expanded flood studies to establish FEMA FIRMS for the eastern Collier County properties. Discussions with the County's consultant, Tomasello Consulting Engineers, Inc. (herein "Tomasello"), reveal that they could start Phase I of their work immediately, even as they are continuing work on other phases of their work for the County in other areas. If the County authorized commencement of work pursuant to the recently received proposal of Tomasello, the study for the eastern lands could be completed in conjunction with the final work of Tomasello for the other areas of Collier County in December, 2004. You indicated that if my client, the Eastem Collier Property Owners, were willing to pay 51% of the costs contained in the recently received proposal from Tomasello, ($120,000), that you would be able and willing to execute the amendment to the Tomasello contract so that work could begin very soon. This would allow work to commence prior to waiting 6 weeks fo the next Board of County Commissioners meeting. If the above scenario can be followed, my clients have authorized me to commit to the payment of 51 % of the County's cost of the above - described work by Tomasello, which payment will not exceed 51% of $120,000. My clients would make their proportionate payment to Collier County within 20 days of written request from Collier County, but no Agenda item No. 1 ,,A4 ATTA `- :4 2 Page 2of2 James V. Mudd Office of the County Manager August 23, 2004 Page 2 of 2 earlier than 30 days after the County has amended its contract with Tomasello to add the areas designated on the attached map to the flood studies being performed to establish FEMA FIRMS for Collier County. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, re(- George Varnadoe For the Firm GLV:mjr cc: Joseph Schmitt Thomas Jones Thomas Conrecode Robert Wiley F_lwpdocskLMGLV\GdHer Enterprises\DRI -PUDU. Mudd 8-20-04 Itr.wpd Agenda Item Ncd . 16A4 September 14, 2004 Page 10 of 11 CONTRACT MODIFICATION CHECK LIST CONSTRUCTION AND CONSULTANT AGREEMENTS CHANGE ORDERS, SUPPLEMENTAL AGREEMENTS, AMENDMENTS AND CHANGES TO WORK ORDERS PROJECT MANAGER REVIEW 1. Document circumstances prompting the change(s) request by... a. Identifying who initiated the change request b. Identifying the nature of the change 2. Analyze the change request to determine: a. The hard and soft costs of the change and the appropriateness of each b. The benefits of the change c. The impact(s) of the change on the project d. The impact of the change on the overall success /failure of the project 3. If the change is deemed justified, review the original contract to determine or verify... a. Whether the change is consistent with existing project scope b. The existing terms and conditions (e.g.; price and schedule) c. That the proposed change is not included within the existing scope d. The protocol for authorizing changes to the agreement 4. Document the analysis of and the justification(s) for the change. 5. Obtain preliminary review and input from one of more of the following: a. Other project managers b. Immediate supervisor c. Appropriate 3`d party consultants d. Purchasing and Contracts Agent e. County Attorney Office f. Risk Management Department g. Other County departments materially impacted by the change. 6. Certify the appropriateness of the change based on the information gathered in steps 1 -5. 7. If the change is not deemed justified, notify the appropriate parties and include the documentation gathered to date in the project file. 8. If the change is deemed justified, identify the appropriate contract instrument (Change Order, Amendment, Work Orders or Supplemental Agreement). 9. Prepare and process the change document in accordance with... a. The terms and conditions of the existing agreement b. The County's Contract Administration Procedures. c. Submit packet, with back up documentation to Purchasing for review Form Retrieved From: I /Forms /County Forms /Purchasing Forms /Contract Modification Checklist Revised 8/22/03 Agenda Item No. 1 OA4 September 14, 2004 Page , 1 of 11 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: One Hundred (100) Year Flood Elevations for Five (5) Basins in Collier County PROJECT #: None BID /RFP M PO #: MOD #: 1 AMOUNT OF THIS CHANGE $120,000.00 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $ 215.000.00 CURRENT $335.000.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $215.000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval: March 23, 2004 Agenda Item # 16(A)(6) Percentage of the change over /under current contract amount 55.81 Formula: (Current Amount / 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: 11 -30 -04 CURRENT: 7 -31 -05 SUMMARY OF PROPOSED CHANGE (S): Addition of land area to be included in the study and addition of time to complete the work plus respond to comments from FEMA JUSTIFICATION FOR CHANGE (S): On 7 -27 -04 the Board of County Commissioners listened to a Presentation rAgenda Item 10(D11 and directed staff to develop this contract amendment with the consultant Tomasello Consulting Engineers Inc. PARTIES CONTACTED REGARDING THE CHANGE: Richard S. Tomasello George Varnadoe Joe Schmitt Jim Mudd and Linda Jackson IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N /A) N/A 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: Date: DISAPPROVE: Date: COMMENTS: Revised 8/22/03 Agenda Item No. 16AS September 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Cocohatchee Nature Center 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 Cocohatchee Nature Center 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 3/12/2003. Final Acceptance is in accordance with Ordinance 2001 -57. 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 $370.00, 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 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 water and sewer facilities for Cocohatchee Nature Center, and release the UPS to the Project ,.—. Engineer or the Developer's designated agent. COLLIER COUNTY M-tn"- ^'.` ° All ^",-~^~ .^~.....~ .—=~_ ~.. .'.."...~~ ^°~~ By ^pp~^By ~""~—.._~~. .~~..~°~ App~~ w �".,~... ~...�.. .."".—.^^� App--d ° =_.°.=...~~ ~~ ~ ^"—.^", ._", ~^..~._`~.~.~....~~. ~. App ... l,d By 2,11 � App—"", Z--- �, j..— "_~_,°~~~~ ^ °~�.°~~_~�^ "~-^°= ^"~~^", ~~^--li App—°~ App—", ^°~. By App—,,d By LOCATION MAP e Y Agenda Item No. 16AS September 14, 2004 Page 3 of 3 COCOHATNEE NATiEtE CENTER SITE MAP Agenda Item No. 16A6 September 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Olympia Park 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 Olympia Park 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 3/7/2003. Final Acceptance is in accordance with Ordinance 2001 -57. 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 $1,040.10, 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 water and sewer facilities for Olympia Park, and release the UPS to the Project Engineer or the Developer's designated agent. 14 2C,14 mLLIERmmTY BOARD OF COUN�"OM.,S�iO.ER` `6�5 R—l~l—b,.~~_,^��~~.°=.~~��°~��.� 0+~.,— ~~"~°— °'`^="° DO 00^" .—"._~_°~~ ^pp,~~~ '—...^.�~, ^_.~.....~_~ ... =.~~~~ ^°~~ By A"-dw ..~.~...`. ..,'°~.. _. *~~~"By =~~~~A. ^pp~dw ~~~~~~ App.-^~ ^pp~..^", ^�~^~ ~~~_�__~^ App,—d~ ^pp .~^~ ^~~~^~ ^�~~~ App--d H� ^°�^~= LOCATION MAP Agenda Item No. 16A6 September 14. 2004 Page 3 of 3 � INS. ■ ■ 'III -p -, t -moil 1 i LOCATION MAP Agenda Item No. 16A6 September 14. 2004 Page 3 of 3 OLYMPIA PARK SITE MAP � �IIIIIIII.. ■ ■ 1 OLYMPIA PARK SITE MAP Agenda Item No. 13A7 September 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for The Club Estates 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 The Club Estates 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 5/17/01. Final Acceptance is in accordance with Ordinance 2001 -57. 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), submitted with the Subdivision bond may be reduced by 10% for the utility related items that have been satisfactorily completed. 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 water and sewer facilities for The Club Estates, and release the UPS to the Project Engineer or the Developer's designated agent. Acenda lim hia. 16A7 SeWmiael 14 1004 Page id 3 COLLIER COUNTY BOARD OF CCUNTY Ihm N-1 16A-. I.. S— R—al--- " a—e h—, —Wa-e a,., and I—, ""N 1—.— for The C- Etl.- .-N,, D- eel 4 2001 9 W 00 AM App--d By Approved By App—d By 17 20e- Date By -9:1001 Approved By Appm-d By App—d By -a. m- sanma lea Executive se�e;ary Dale Approved By OPel.l.— Analyst Approved By 1.5 2111 11 Approved By .......... App—,d By App--d By App,—d By It" LOCATION MAP nE CLUB ESTATES SITE MAP Agenda Item No. 16A7 September 14. 2004 Page 3 of 3 SITE LOCATION 1 Agenda Item No. 16A8 September 14; 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water utility facilities for Regency Reserve at The Vineyards 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 Regency Reserve at The Vineyards 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 11/7/2000. Final Acceptance is in accordance with Ordinance 2001 -57. 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. SM415177C in the amount of $9,906.46, 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 Regency Reserve at The Vineyards, and release the UPS to the Project Engineer or the Developer's designated agent. COLLIER COUNTY BOARO OF �OUNTY`�� .fiA8 ~~~~~.,y R-~~-~°~,~"..��~~~~.`~�v~~=~^'~�.°=~~~ ^.T-°~,~ =_�"- 9;14,20N9 °=AM �,,.-d By �° ~__~ S.--, ~�=...� ^pp~~* ^pp'~^By 1..A. App- By ~- E ^pp~~By ...~'... ^~.~.~°~'~~ ~.. "~==.P. Aw-d By App-d* �� ^ .�~~-�°_~ ^ "� � ~".. APP-d By ~~ ~ ^=~- By ~~..`..~ ~~..^..,. ... '=-^^= ^pp~.By ^"~.By LOCATION MAP Agenda item illo. 16AB September 14, 2004 Page 3 of 3 REGENCY RESERVE AT THE VNEYARDS SITE MAP �. o+ooe, i 6°eeri i i eev. imn g � i mM � moe. ox m PROJECT �g Zvi •°° g LOCATION m an mwn�r u .rea.a °°' 'Ae1° � "'a`•' .aerie e� � oam e.x mm u.. a .MU3 � rua wu. IuA GOLDEN GATE » m tt u pY LOCATION MAP Agenda item illo. 16AB September 14, 2004 Page 3 of 3 REGENCY RESERVE AT THE VNEYARDS SITE MAP Agenda Item No. 16A9 September 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Ibis Cove Phase 2A 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 Ibis Cove Phase 2A 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 6/20/2002. Final Acceptance is in accordance with Ordinance 2001 -57. 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), submitted with the Subdivision bond may be reduced by 10% for the utility related items that have been satisfactorily completed. 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 water and sewer facilities for Ibis Cove Phase 2A, and release the UPS to the Project Engineer or the Developer's designated agent. ,ADenja item No. 16A9 September 14. 2004 P— 2 .1 3 COLLIER COUNTY BOARD OF COUNTY COMMISSION ERS Hem Number 16A9 Item Summary RaccmnlerWa4on to app anal Ao.F. ce 01 wabr arW sew0r ubliry f.-- for IUis Cev. PMS. 2A. M-6.9 Daa. 9i142DJd 9 00 W AM Approved By James A 3ammall Public Ulilitiaa Seiner Field S- ennsor s:eWa;er Da.e - pPJ Approved By Thomas E'.... P.E. .;DES E.o-.6.9 $erv:cas Director Da;a _ unity Davelopmen :d < mat sarvius ODES Cnginzariny s.rvices :,10: -OOJ 3.z1 AM Approved By Pamela —bY Public Utilities Waver OVeralions Manager Wattt pare 2:]0:200a 3:z0 AM Appmved By Paul lAanavacls Water Direc:w F,— Ulilnies Water Dafe 3.'1J ?006 10:11 AM Appmved By Joseph B. CM1eatM1am Public Wities Was:rwa.tt Director W .... W— ,Treatment Dafe 3 :JZOga !0.35 ,M Approved By oy B. Anderson. P E publi<U;ibaes E Public Utilities qil lmq Direcor pudic UIiMNes Fnginaering Dee 9131 ?Ow 13:58 PM Approved By sanaa L.a nnmun IY D.—p—, S nnl—A— Eaecpb.e sem:ary Community Cavelopmem 8 nlal Services A-- Dme —20w 2 -' PM Approved By .,onstanee AJOMZen Community Cevelepmem8 Environmemal3.rvices OVeea: ions Analyst C unby pavNOp A enrol Services — Adnan. Oa.a S: S'2— a :t6 >M Appmved By Con�munry pevNOpn�en: .'. JosepA 2 SUrrctt Environmental Sarvicea Aamins ;rotor Date Commuldry DavelopmaMn mat SeMCes Community L4valopmeml = 3i S' ?OOi i:16 PM Approved By P.: L.--d AU:mluzuapva Aaziz,anc OM[i of Managemem S 3ud0e; Date Approved By .tack laackaon aunty raanyer's Dlfice 3udya: Analyst OMCe of Manayamem.33udge; Ja:e w3'.iP:.:d Approved By M3.1 ... I am, c.vsci C—IrY oKCZ a.aw9enem S Budyr, _usc.w 011ce u1 �Janayem 33uu Da.e - - Approved By James V. Mudd ,Donn azionzn Co n Y onager -er Y anageYa Ofbce Dart 1 :3t -Ow _. �b. l.. LOCATION MAP 4 Agenda Item No. 16A9 September 14. 2004 Page 3 of 3 05 ODWEZ► SITE MAP Agenda Item No. 16A10 September 14, 2004 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Pine Air Lakes Unit Five ", 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 "Pine Air Lakes Unit Five ", a subdivision of lands located in Section 11, Township 25 South, Range 49 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 "Pine Air Lakes Unit Five ". 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 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 Services Department recommends that the final plat of "Pine Air Lakes Unit Five" be approved for recording. FISCAL IMPACT: The project cost is $1,733,910.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $ 226,810.00 b) Drainage, Paving, Grading - $1,507,100.00 The Security amount, equal to 110% of the project cost, is $1,907,301.00 Executive Summary Pine Air Lakes Unit Five 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: $53,217.36 Agenda item No. 16A10 5e,otember 14, 2004 age 2 of 5 Fees are based on a construction estimate of $1,733,910.00 and were paid in April, 2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $10. /ac) -$ 1,200 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) Drainage, Paving, Grading (.75% const. est.) C) Construction Inspection Fee Water & Sewer (2.25% const. est.) d) Drainage, Paving, Grading (2.25% const. est.) GROWTH MANAGEMENT IMPACT: -$1,701.09 - $11,303.25 -$5,103.27 - $33,909.75 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. Executive Summary Pine Air Lakes Unit Five , Page 3 STAFF RECOMMENDATION: Agenda Item No. 16A10 September 14, 2004 Page :3 ,# ., That the Board of County Commissioners approve the Final Plat of "Pine Air Lakes Unit Five" for recording with the following stipulations: 1. Approve the amount of $1,907,301.00 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services 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 Services Department Director and the County Attorney's office. Agenda Rem No.1 SA 10 Sepleo, a 14. 20M Pape 4 .15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS wm NnmMr 16A'. wm 5—..,y Recanm—tion la wwr for lording Nu Gnat dal Of'Pne Ak Lakes Unil Five aM"M of Cre standard form Con —boo and Mainterarvx Ag—wi aw approval of dle ao.— of Ore WOmnmte sea,nry. Id.exrrg Deb 9l1 4r 7001 9'.00:00 AM rr.p —d By Data bNn Haul —o, S..— Engineer 8!5!30941:21:50 PM munlry O.v.lopm.nt 6 Brvironmemal 0e—.1 E,... i, Services App—d By Sandra lea Eaecmiva Secretary _ata Commurd:y Davelppm.m b Env:anmeM.l Services Cammurary Daveloyment d Eminonm —A Services Adnrin. Or3!I004 2:11 PM Approved By Themas E. <uck, P.E CDES Enginemng Services Director Dare Community D.v.lopm.m 8 6rvironmemal5wvices ODES Engineering Services 9Ai?OOi ?:?J PM App- By t.an .— A. J.nson oP.ranpi a Anaryat D.te _ m mty D -pm.nt S ., moody Development 3 oral SerWCes En ironmemal5ervices Admin. 9!51?OOa J:IT pM App-d By Community Development S JoseVk N. SUimin C ommuniry Developmentb uwironrrMmal Services Adminstrator Date murrry D.velopm.ntb oral Sarvic.a ntN Service Admin. &31?OOJ 5:!9 PM Approved By P.t L.-M Admrma1-- Aaa. -0 oat. Caumy Manager's Olgu Of9ce of Managenvm SBUdyet 8,91200 A0 A. Approved By Mark lsackaon County;danagefa OMCa Butlget Analyz: Dal. OMce of Man.yemem S autlgel --1 9:58 AM App-d By ' Michael Smykows4 Mana9emenlSaudge: Direc;ai Date County Mmager'a ice Office of Manogemerniautl9et 89i?OOJ I:t6 PM Approved By Sams V. Mudd awrd of County Commrszwners _aunty Manager Oma Canmy Manager's Office Br912a0J 5:11 PM LOCATION MAP Agenda Item No.16A10 September 14. 2004 Page S of 5 .NIIIIII'I IN �� ' I'�C CC t MP -= LOCATION MAP Agenda Item No.16A10 September 14. 2004 Page S of 5 pw MLaimsUW M SITE MAP .NIIIIII'I IN �� ' I'�C CC _4 pw MLaimsUW M SITE MAP Agenda Item No. 16A1 1 September 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of sewer utility facilities for Banyan Woods Multi - Family OBJECTIVE: The Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, to accept the conveyance of the sewer facilities. CONSIDERATIONS: 1) The Developer of Banyan Woods Multi - Family has constructed the 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 2/4/2002. Final Acceptance is in accordance with Ordinance 2001 -57. 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), submitted with the Subdivision bond may be reduced by 10% for the utility related items that have been satisfactorily completed. FISCAL IMPACT: The sewer facilities were constructed without cost to the Collier County Water -Sewer District. During the first year, the sewer facilities are under a Contractual Guarantee. After that time, the cost of operating and maintaining the sewer facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project will be connected to the Regional Wastewater Treatment Plant. This project will not create a new impact, as it has been planned for within facilities available at present. 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 sewer facilities for Banyan Woods Multi - Family, and release the UPS to the Project Engineer or the Developer's designated agent. Agenda It— N' I 5A1 1 SW—� 14, 2004 P4g. 2 a COLLIER COUNTY aCARD OF COUNTY CO.14,SSIONZRS Item Summary RecmrmeWaliOn Io aCProve linal x_ceplrne? b sewer utility laolibes Irx Banyan Wiwdz m—.n D- 9,14.2004 S M -M AM Approved By D- A",.,.d By Rubes tniri;ies i:53 PM .I,p.-d By Pudic Utilities is U:ieties En 200412_SI PM Approved By Joseph d. C—.— Approved By rni F.—P—'. I c— .... iv .---t - al Services Ad— Dare Si91306s 1- A. Approved By 10.15 A. Approved By Env al5p -l— _:15 P. Approved by Approved By -12.. 19 P. Approved By All Approved By LOCATION MAP Agenda !tem No. 16A11 September 14. 2004 Page 3 of 3 uwm woods — run FMCY SITE MAP wrr q I ]° Npp �6 I � 7 k PROJECT LOCATION { °4[101 MlE plys°°,Y IM a urt s wn F NAP S n a. za1��m°�• � � w..m mas alu 1.m LOCATION MAP Agenda !tem No. 16A11 September 14. 2004 Page 3 of 3 uwm woods — run FMCY SITE MAP Agenda Item No. 16Al2 September 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of sewer utility facilities for Banyan Woods Single Family (Subdivision) OBJECTIVE: The Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, to accept the conveyance of the sewer facilities. CONSIDERATIONS: 1) The Developer of Banyan Woods Single Family (Subdivision) has constructed the 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 1 -30 -2003. Final Acceptance is in accordance with Ordinance 2001 -57. 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), submitted with the Subdivision bond may be reduced by 10% for the utility related items that have been satisfactorily completed. FISCAL IMPACT: The sewer facilities were constructed without cost to the Collier County Water -Sewer District. During the first year, the sewer facilities are under a Contractual Guarantee. After that time, the cost of operating and maintaining the sewer facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project will be connected to the Regional Wastewater Treatment Plant. This project will not create a new impact, as it has been planned for within facilities available at present. 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 sewer facilities for Banyan Woods Single Family (Subdivision), and release the UPS to the ,,_ Project Engineer or the Developer's designated agent. AQe.d.11—N. IsAll Soper , 14 1 4 P— 2 f COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ftm ftmbe' ft. S--y sewzr oly 1—d... .-6.00- Approved By I-- E. E ............. services 1i20200a 9:,9 aM Approved By James A. GA-11 Pudic julit- App""d By j.-F— C—d- ..'— lilim- .-- .. Approved By --o. — A—, -1111.s Approved By Sancta tea Eaecunve Secre,ary pate — aser.ea Admin. sfl2yw > ±o AM Approved By —i— Ad"., -12004 17 1. Appmwd By Ad., ....... 2" Apprd-d By Pat 1.1 d C.—ty roger a 0— 4,1-- 2 -3 1. App—d By onager Op+c rugem S Sue 9!9!2004 a. Approved By 3;1004 —9 AM Approved 8, j-- J, ;—d S—d f C—- LOCATION MAP Agenda Item No. 16Al2 September 14. 2004 Page 3 of 3 BANYAN W0M — SNELE FATLY SITE MAP I� ©11YY, ofY�1� i FAMM , 'lTAW;i LOCATION MAP Agenda Item No. 16Al2 September 14. 2004 Page 3 of 3 BANYAN W0M — SNELE FATLY SITE MAP Agenda Item No, 16A13 September 14, 2004 Page 1 of EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Pebblebrooke Lakes Phase IV ", 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 "Pebblebrooke Lakes Phase IV ", a subdivision of lands located in Section 27 Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99 -199. CONSIDERATIONS: Engineering Services Department has completed the review of the construction drawings, specifications, and final plat of "Pebblebrooke Lakes Phase IV ". 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 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 Services Department recommends that the final plat of "Pebblebrooke Lakes Phase IV" be approved for recording. FISCAL IMPACT: The project cost is $440,040.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $131,232.00 b) Drainage, Paving, Grading - $308,808.00 The Security amount, equal to 110% of the project cost, is $484,044.00 Executive Summary Pebblebrooke Lakes Phase IV 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: $14,311.20 Agenda item No. 16A13 September 14, 2004 Rage 2o 5 Fees are based on a construction estimate of $440,040.00 and were paid in December, 2003. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5. /ac)- $1,110.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.)- $ 984.24 Drainage, Paving, Grading (.75% const. est.) - $2,316.06 C) Construction Inspection Fee Water & Sewer (2.25% const. est.)- $2,952.72 d) Drainage, Paving, Grading(2.25 %const.est.)- $6,948.18 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities pri or 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. Executive Summary Pebblebrooke Lakes Phase IV Page 3 STAFF RECOMMENDATION: ,genda '-em Nc. 16,x,13 eiotPi bet 1 J' 20104 That the Board of County Commissioners approve the Final Plat of " Pebblebrooke Lakes Phase IV" for recording with the following stipulations: Approve the amount of $484,044.00 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services 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. COLLIER COUNTY aOAP"OF COUN"`"MPAISSI°EI` ~~°—~ =-1—~°~~~—e- 1W°==��.,=� ^Ihe —.=^~"~—o.,=�~~*~~~�~~� "..6.9 0- ~.�,MU ^ol T,= ~=.~'°~.-1 App~~ * ., 200^"^= ^pp�... d By ~—"`.-., .~~.-~~_—,^ ^pp~.^* AW—d By App ... d~ +~." By App ... ° By ^pp~~w .~...,^" ..-~~~ty ...~,...."~ ,^. LEE COUNTY ` e s so n u � n 1e an LOCATION PROJECT F�CnLWD "a LOCATION 3 NSCANY W�£ 7 aen '10 �V Q27µ IArE �� MNW UK6 s K mm+ urt i M Agenda Acm No. 16A i September 14. 2004 Page c of 6 wn. a. ism *.scc e.. om 91TE LOCATION F�CnLWD "a 3 NSCANY W�£ 7 �V Q27µ IArE �� MNW UK6 LOCATION MAP SITE MAP PEDINJO IZE LADS COMMIIMM- PHASE s Agenda Item No. 16Ai a' September 14, 2004 r :3 a i 3t �2 _. EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Ibis Cove Phase 213 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 Ibis Cove Phase 2B 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 2/11/2003. Final Acceptance is in accordance with Ordinance 2001 -57. 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), submitted with the Subdivision bond may be reduced by 10% for the utility related items that have been satisfactorily completed. 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 water and sewer facilities for Ibis Cove Phase 2B, and release the UPS to the Project Engineer or the Developer's designated agent. .w„ COLLIER COUNTY -A�D OF"C�JN7Y �OMMISSkO�'E.q$ ~~"—~ ~^'^ ~~~—~=.°~~~~" ~°~~.�~^�~-=. "~�~�s "..U.g"- "'.°,P°^=°^" ft,p,,� By "",~___°~. � *~~°", I--"~~1,E -DES ~_~S—~Di~ D.— =".~_—~~~. '`s-ol .^`P" App—,d By *~~~ By .�—,~~.��_~ ~ ^pp,~,d~ ^pp�~~By j.'P., 3"�� ~~`~^~' App.—dw *p—.4* —d,~. "~~..~ "~ ^°~~ By ~~~�~~^ App'—d By ^=.~^", ^=~~ ~ ~~^~~~ `^=~' IS ^pp~~^B� App,—d By App—,d By . R I Agenda Item INlo. 16A14 September 14. 2004 Page 3 of 3 LOCATION MAP SITE MAP IM COVE PHAM 29 e 9 0 If II X am • I] 16 w•p IS I♦ �� oa� m �aa PROJECT LOCATION u+r MOp �OOr� oen. nor wt o W u.. a 8 Ka MI R I Agenda Item INlo. 16A14 September 14. 2004 Page 3 of 3 LOCATION MAP SITE MAP IM COVE PHAM 29 .� �l..r�da- Le E! I ! c. 16A! J -e.ptembe. 14 20(, %aide 1 Q EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Club Estates ". The roadway and drainage improvements will be privately maintained; the water and sewer improvements will be maintained by Collier County OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Club Estates" CONSIDERATIONS: 1. On May 16, 2001, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Club Estates ". 2. The roadway and drainage improvements will be maintained by the project's homeowners association. The water and sewer improvements will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department 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 the Public Utilities Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Public Utilities Division through their operation and maintenance budget. Executive Summary Club Estates Page 2 GROWTH MANAGEMENT IMPACT: i m pact. STAFF RECOMMENDATION: :" enda item No. ' J;', :. Semember 14, `00 There is no growth management That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Club Estates" and release the maintenance security, and: 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. COLLIER COUNTY 3CAR")F �OUNTY �QM,115—NERS .' Ile ~�_�~°._~~~~.~ e -~_~~.~~^`^. ~"��_~~.��"~ ~~=��"Iffi~"~~, ,'.~°°^°00^^. P,.p—d By ^.~.~..^~~. ...~".._.. �~~~~~.` � ~~~ ^°~~By "^.^ ."� =""^°.~..,~..°~^."~~~ _ :—_~^~�~~^ �,~��.�.....�.. ~�~~.^. App~" By P-1^~° —`W"^.. .~.~.~. ^=~-By =''.—~ App—"By I.—^3—e App—"By ~'~^^^^~~^~ —^Ikiirov °-z--,~^.� App~~ By ~~�~~.~~~^ ~~—~~~W, ^ ^pp~~^By ~.~...^^~~.,. ,..'^..`^....`. ..~ ~.= App--d By ^~...'.~_~ App--d By ^pp~~w =.,^,~~~~.',~" A�—d w ~ ^"~~By agenda Item No. 16A 5 September ;4.2_004 ;pace 1 pi LOCATION MAP SITE MAP THE CLUB ESTATES I ECT ION agenda Item No. 16A 5 September ;4.2_004 ;pace 1 pi LOCATION MAP SITE MAP THE CLUB ESTATES Agenda Item Rio. 1651 September 14- 20(" image 5 i RESOLUTION NO. 04- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN THE CLUB ESTATES, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE CLUB ESTATES HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on March 23, 1999 approved the plat of The Club Estates 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 The Club Estates , and authorize the Clerk to release the maintenance security. BE TT 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 Club Estates homeowners association. This Resolution adopted after motion, second and majority vote favoring same, this day of 2004. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant Collier County Attorney DONNA FIALA, CHAIRMAN "agenda item Svc. 16:1 September 14, 2004 J�3e ) -k J EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Mandalay ", 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 "Mandalay ", a subdivision of lands located in Section 16 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 "Mandalay ". 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 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 Services Department recommends that the final plat of "Mandalay" be approved for recording. FISCAL IMPACT: The project cost is $667,828.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $209,478.67 b) Drainage, Paving, Grading - $458,349.33 The Security amount, equal to 110% of the project cost, is $734,610.80 Executive Summary Mandalay 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: $21,174.86 Agenda item No. 16A'1 6 September 14, 2004' =age 2 Fees are based on a construction estimate of $667,828.00 and were paid in April and June, 2003. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5. /ac) -$ 1,140.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - -$1,571.09 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. Executive Summary Mandalay Page 3 STAFF RECOMMENDATION: Agenda Item No. 16A1 September 14, 20;04 Page 3 0> That the Board of County Commissioners approve the Final Plat of "Mandalay" for recording with the following stipulations: 1. Approve the amount of $734,610.80 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services 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 Services Department Director and the County Attorney's office. COLLIER COUNTY 30ARD �F°~°=OM"=ION~= ~~Me—~ "~—^—"--l."="Aht~~~~~~^^'the ° .".,=~~_`..~', °~fit,,~° ~.=~"°°= ,,,p—^", °~ ^~~~_~ =-t~..,..°~ ^_. ^=~,^", .�c"~-~~ ^~. .11:21..~~ App~. By D- 71—,"~ App-4 By .~.~..'~..~~.~ ^ ..., ~~ ° ~ � ^"~~^w ~..11.~~=^. App—d By App—"By ~~..`.~.. �^ht. ..~.^.~,.. ~. ~~ ~ "~ 3-12 ^°~."", ^,,—,^"' ~~°~.°~ Y Agenda item Flo. 16A16 September 14. 2004 Page 5 of 5 ■■ ■ ■■ )�'• 8 ■iii t■ ■111 ITS ati i � t MI-Owl e Y Agenda item Flo. 16A16 September 14. 2004 Page 5 of 5 LOCATION MAP SITE MAP MAlDALAY ■■ ■ ■■ )�'• 8 ■iii t■ ■111 ITS ati i LOCATION MAP SITE MAP MAlDALAY Agenda Item Flo. 1 Al September 14, 2004 Page of 3 M1 EXECUTIVE SUMMARY Recommendation to approve Modification #1 to the Residential Construction Mitigation Program State Funded Grant Agreement. OBJECTIVE: To have the Board of County Commissioners approve Modification #1 to the Residential Construction Mitigation Program (RCMP) State Funded Grant Agreement. CONSIDERATION: Collier County has received a $50,000 grant through the Florida Department of Community Affairs (DCA) Residential Construction Mitigation Program (RCMP). The RCMP facilitates hurricane hardness and other weatherization improvements to be made on single - family homes, owned and occupied by low - income residents. The RCMP has further targeted these funds to assist the Front Porch community of Immokalee. RCMP grant funds will be used to make necessary improvements on homes participating in the County's other residential rehabilitation programs including SHIP, CDBG, and HOME. This Grant Modification #1 will extend the term of the grant to November 30, 2004. The extension will allow Financial Administration and Housing Department staff adequate time to expend the $50,000 grant in $5,000 increments for improvements to nine (9) qualifying households. The remaining 10% of the grant ($5,000) may be used to cover administrative costs to the County. FISCAL IMPACT: Approval of this Modification Agreement will ensure that Collier County has adequate time to fully expend the $50,000 grant. GROWTH MANAGEMENT IMPACT: Approval of this Modification Agreement will allow Collier County to enhance the development of workforce housing in accordance with the Housing Element of the Growth Management Plan of Collier County. RECOMMENDATION: That the Board of County Commissioners approve Modification #1 to the Residential Construction Mitigation Program (RCMP) State Funded Grant Agreement. COLLIER COUNTY ^'..."~"M=^^` ..°°~ App ..."By ^W,—d8, App,.-d0, .~~~~.^~~.`.. °.'^.—~....,. ... "~~~~,~—�_^ App .... ~By `~~...~_°~~' ~~ App—.d By App,—^~ App .~. dH� °_ =.^`�~~~'~_. ^pp,~°B� e iem per ; Y ' ()04 yj AGREEMENT #04RC- 11- 09 -21 -01 -022 PROJECT #Collier County BOCC104RC 11022 MODIFICATION 41 TO STATE FUNDED AGREEMENT This Modification Number One is made and entered into by and between the Florida Department of Community Affairs ( "the Department ") and ( "the Recipient ") to reinstate and extend the agreement between them dated May 5, 2004 and numbered DCA Contract No.04RC- 11- 09 -21 -01 -022 ( "the Agreement"). WHEREAS, the Agreement expired June 30, 2004; WHEREAS, the parties desire to reinstate and extend the Agreement to November 30, 2004 in order for the Recipient to complete the Scope of Work, as set forth in Attachment A; and NOW, THEREFORE, the parties agree to reinstate and extend the above referenced Agreement as follows: Paragraph (3) of the Agreement is hereby deleted in its entirety, and the following paragraph substituted in its place and stead for all intents and purposes: This Agreement shall begin May 5, 2004 and shall end November 30, 2004 unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. 2. Except as modified herein, all other provisions of the Agreement shall stay in full force and effect. IN WITNESS WHEREOF, the parties, have caused this Modification to be executed by their duly authorized undersigned officials on the dates set forth below. RECIPIENT BY: Date: Name and Title: Donna Fiala, Chairman FEID 407- 6997790 DEPARTMENT OF COMMUNITY AFFAIRS BY: Date: Name and Title: W. Craig Fugate, Director, Division of Emergency Management as to form &legal Sufta q k 1A &, Assi nt County Attorney Agenda item No. 16A18 September 14, 2004 Page 1 of i - EXECUTIVE SUMMARY Recommendation to approve a resolution certifying that projects completed by Immokalee Non - Profit Housing Inc. are consistent with local plans and regulations. OBJECTIVE: To have the Board of County Commissioners approve a resolution certifying that projects completed by Immokalee Non -Profit Housing, Inc are consistent with local plans and regulations. CONSIDERATION: Immokalee Non - Profit, Inc. has requested that the Board of County Commissioners approve a resolution certifying that projects they have completed are consistent with the Collier County's local plans and regulations. This certification will assist Immokalee Non -Profit Housing, Inc. in becoming a participating sponsor in the State's Community Contributions Tax Credit Program. By participating in the Community Contribution Tax Credit Program, Immokalee Non - Profit Housing Inc. will be able to continue offering the lowest rents possible at its two very-low income farmworker housing developments in Immokalee: Sanders Pines- 40 unit multi - family rental complex, and Timber Ridge- 34 unit single- family rental home community. FISCAL IMPACT: Approval of this resolution will have no fiscal impact to the Board of County Commissioners. GROWTH MANAGEMENT IMPACT: Provision for farmworker housing is consistent with and supporting of the Housing and Future land use element of the Immokalee Master Plan of Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the resolution certifying that projects completed by Immokalee Non -Profit Housing, Inc are consistent with local plans and regulations. =_~"~ COLLIER COUNTY �O^�� Cl °R� 1 00�= App ..~B� ..........�� ^W~" By App—"w ^pp~^By ^°~~ d By ^°~~"", ^°~~ B� ^=~_� ^pp-^By is (Ja ,t .7Cvl�fiillC[ i -+ G }r 1, , JC i J- r RESOLUTION 2004 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; ENDORSING IMMOKALEE NON - PROFIT HOUSING, INC. IN IMMOKALEE AS A SPONSORING AGENCY UNDER THE FLORIDA ENTERPRISE ZONE COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida has enacted the Florida Enterprise Zone Act, Sections 290.001 - 290.016, Florida Statutes, to provide incentives by both State and local government to induce private investment into distressed areas to create economic opportunities and sustainable economic development; and WHEREAS, the Board of County Commission enacted Resolution #95 -248 on March 28, 1995, nominating the Immokalee Community as an Enterprise Zone pursuant to the Florida Enterprise Zone Act; and WHEREAS, the State of Florida designated the Immokalee area as a State Enterprise Zone effective January 1, 1997; and WHEREAS, the State encourages the participation of private corporations in revitalization projects by granting either partial state corporate income franchise tax credits or insurance premium taxes to corporations that contribute resources to public redevelopment organizations for the revitalization of enterprise zones; and WHEREAS, the State authorized the Community Contribution Tax Credit Program, under Section 220.183, Florida Statues, which allows any Florida corporation to receive a tax credit of 50 percent of the value of the donation (not to exceed $200,000 in any one year) "against any corporate income /franchise tax or insurance premium tax due for a taxable year for contributions to a State approved community development project located within the Enterprise Zone; and • WHEREAS, Immokalee Non - Profit Housing, Inc., a 501(c)(3) "non- profit" organization incorporated in the state of Florida, is located within the Immokalee Enterprise Zone and meets the criteria as a sponsoring organization under Section 220.03(1 )(t), Florida Statues; and WHEREAS, Immokalee Non - Profit Housing, Inc's. projects are consistent with the overall intent of the Immokalee Area Master Plan, a separate element of the Collier County Growth Management Plan; and WHEREAS, Immokalee Non - Profit Housing, Inc. is the sponsoring organization applying for approval as a State approved Community Development Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Page I of 2 oe Ada 'errs Nc,. 1,3A i 3 NJ� a 1. Immokalee Non - Profit Housing, Inc's. building program which provides for the construction of housing for very low income farmworking families in Immokalee is consistent with Collier County's Growth Management Plan ( "Plan "), and related Policies of the Housing Element of said Plan, together with the implementing regulations thereof. 2. The County Manager is hereby authorized and directed to file this Resolution with the State of Florida, Office of Tourism, Trade and Economic Development of the Executive Office of the Governor, The Capitol, Suite 2001, Tallahassee, Florida 32339 -0001, to enable Immokalee Non- Profit Housing, Inca to approval for its projects. 3. This Resolution shall take effect immediately upon its passage by the Board of Commissioners of Collier County. PASSED AND ADOPTED by the Board of Commissioners of Collier County this _ day of 12004. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA , M Deputy Clerk LZA DONNA FIALA, Chair A 4PA S TO LEGAL FORM AND SUFFICIENCY: By: CK G. WHITE Assistant County Attorney Page 2 of 2 Agenda item No. -:`,18 September 14, 2004 Pace v ,t Immokalee Non- Profit Housing, Inc. Sanders 2449 Sanders Pines Circle , /� Timber Pines Ridge Immokalee, FL 34142 .� rH (239) 657 -8333 FAX (239) 657 -8335 lnuhMnrMllnk.nst _ - c._r� - -?'F June 29. 2004 Commissioner James Coletta Collier (County Government Center 3301 East Tamiami Trail j Naples, FL 34112 i Re: Community Contribution Tax Credit Pro g aim Dear Jim: As you may know, Immokalee Non -Profit Housing, Inc. ( "INPH ") is a 501(c)(3) organization with the mission of providing housing for very low income farmworking families in Immokatee. To date, INPH bas developed: Sanders Pines — a 40 unit multifamily rental complex; and; Timber Ridge — which contains 34 single family rental homes. To maintain rents at the lowest level possible, INPH raises monies utilizing a number of different techniques. We would now hike to add participation in the State's Community Contribution Tax Credit Program to that list. However, in order to do so, INPH needs to become an approved sponsor (I enclose a list of such sponsors which includes several Collier County organizations.) A prerequisite to becoming a sponsor is to obtain a_resolution from the local governmental unit in which the entity is located certifying that its projects are consistent with local plans and regulations. I have obtained copies from the State of such prior Collier County resolutions and have drafted the enclosure based thereon. Would you please have the draft resolution reviewed by counsel and the item placed on your agenda? Many thanks for your assistance. Cordially, 0 ` Carl J. Ku €finer President CJK/jrr enclosures Agenda Item No. 16A18 beptemljer 14, 2004 Pace 6 of COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM APPROV';EA SPONSORS: FY 2003/2004 (as of October 3, 2003) PROJECT # CC- 0903 -B PROJECT # CC-1 103-C Habitat for Humanity of Citrus County tuunukalee Friendship House. Post Office Box 1041 602 West Main Street Crustal River, Florida 34429 Immokalee, Florida 34142 Kay Ralph Ed Laudise (352) 563 -2744 (239) 657 -4090 FAX (352) 563 -2744 FAX (239) 657 -5587 PROJECT # CC- 1003 -A Clay County Habitat for Humanity, Inc. Post Office Box 240 'Orange Park, Florida 32067 -0240 Ronald M. Gentry (904) 269 -4505 FAX (904) 2694863 PROJECT # CC- 1102 -A Habitat for Humanity of Collier County, Inc_ 11550 Tamiami Trail East Naples, Florida 34113 Amber Sundsted (239) 775 -0036 FAX (239) 775 -0477 PROJECT # CC- 1102 -B Empowerment Alliance of SW Florida 640 North Ninth Street lmmokalee, Florida 34142 Dottie Cook (239) 867 -5466 FAX (239) 867 -5402 PROJECT # CC- 1103 -H Harvest for Humanity, Inc. 1170 Harvest Drive 6mokalee,_Florida 34142 Florence Nogaj (239) 657 -4888 FAX (239) 657 -4999 PROJECT # CC- 1103 -A Collier County Housing Authority Land Acquisition New Development, Inc. 1800 Farm Worker Way Immokalee, Florida 34142 Esmeralda Serrata (239) 657 -3649 FAX (239) 657 -7232 PROJECT # CC- 1103 -E Guadalupe Center Post Office Box 1053 Immokalez, Florida 34143 John Lawson (239) 657 -7711 FAX (239) 657 -7712 PROJECT # CC- 1103 -P PACE Center for Girls (Collier at Immokalee) 201 North - First 'Street Immokalee, Florida 34142 Threasa Miller (239) 657 -2400 FAX (239) 657 -2409 PROJECT # CC- 1308 -A Spinal Cord Living- Assistance Development, Inc. 240 East First Avenue; Suite 122 Hialeah, Florida 33010 Pedro F. Rodriguez (303) 887 -8838 FAX (305) 884 -7606 Agenda Ittem No. 16A16 Sepieinber 14,2'004 Page , of i August 2, 2004 Mr. Carl J. Kuehner President Immokalee Non - Profit Housing, Inc. 2449 Sanders Pines Circle Immokalee, FL 34142 Subject: Community Contribution Tax Credit Program Dear Mr. Kuehner: Thank you for your letter of June 29, 2004 wherein you requested to have a resolution brought forth certifying that your housing projects are consistent with local plans and regulations in order to add participation in the State's Community Contribution Tax Credit Program to raise money for your projects. I have been in contact with the County Manager, Jim Mudd, regarding your request and it is my understanding that the requested resolution will be on the September 14, 2004 Board of County Commissioners meeting agenda. I'm sure by now someone from Community Development Services Division or the County Manager's office has been in contact with you regarding this, but if that is not the case, please give Mr. Mudd a call at 774 -8383. Also, if you want to know exactly where this is on the agenda, you can contact the County Manager's office or my office and we will be happy to advise you. Of course, you can always access the agenda from our website at www.colliergov.net. Please feel free to contact me anytime on county business. It is a pleasure to serve you. In addition to my office address, I can be reached by phone at (239) 774 -8097, by fax at (239) 774 -3602 or by e-mail at jimcoletta @colliergov.net. Sinc , Jim Coletta Commissioner, Di0trict 5 JC: nkr C: Joe Schmitt, CDES Administrator Jim Mudd, County Manager Age .da Item W. 16A198 SePtamae 14, 2004 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve Collier County's Community Development Block Grant (CDBG) program and HOME Investment Partnerships (HOME) program year 2003 -2004 Consolidated Annual Performance and Evaluation Report (CAPER) as required by the U.S. Department of Housing and Urban Development (HUD), and authorize the Board of County Commissioners Chairman to certify the CAPER for submission to HUD. OBJECTIVE: To acquire the Board of County Commissioners approval of Collier County's CDBG program and HOME program year 2003 -2004 CAPER as required by HUD, and authorize the Chairman to certify the CAPER for submission to HUD. CONSIDERATIONS: Collier County, along with its participating cities of Naples and Marco Island, became eligible to directly receive federal funds on an annual basis through the CDBG program in 2001. Collier County became eligible to directly receive federal funds on an annual basis through the HOME program in 2003 as a result of poverty figures in the 2002 U.S. Census. HUD administers both of these programs. The Consolidated Plan concept was developed by HUD to incorporate the requirements for four separate entitlement programs: CDBG, HOME, the Housing Opportunities for Persons with Aids ( HOPWA) program, and the Emergency Shelter Grant (ESG) program. Collier County does not currently have the required population to qualify for the HOPWA program. HUD requires the CAPER annually and is the method it uses to determine whether the recipient of HUD funds is in compliance with federal statutes and has the continuing capacity to implement and administer these programs. It uses the CAPER to perform a comprehensive performance review of overall, annual progress as required by 24 CFR 91.525 in meeting stated goals and objectives contained in the annual One -Year Action Plan. This Consolidated Annual Performance and Evaluation Report (CAPER) covers the period from July 1, 2003 to June 30, 2004 for the county's CDBG and HOME activities and must be submitted to HUD within ninety (90) days of the end of the program year. FISCAL IMPACT: $3,631,929 in CDBG and HOME funds was available for housing and non - housing activities in FY 03 -04 including $142,965 in Program Planning and Administration funds, which will be reprogrammed for FY 2004 -2005 activities. Of these funds, $2,441,941 has been expended and $1,189,988 has been encumbered. Projects in the FY 03 -04 One -Year Action Plan were selected as the most effective means of meeting stated goals and objectives as well as the most cost efficient way to address identified needs with available federal, state and local funding resources. The population served by all strategies and programs were very low, low and moderate- income families. Agenda Item No. 16A!98 September 141, 2004 Page 2 of 4 GROWTH MANAGEMENT IMPACT: The CDBG and HOME program projects are consistent with and supporting of the Housing and Future Land Use elements of the Collier County Growth Management Plan as well as the county's Redevelopment Plan by providing infrastructure improvements and housing assistance to improve the health, safety and welfare of the community. RECOMMENDATION: To approve Collier County's CDBG and HOME program year 2003- 2004 CAPER as required by HUD for the CDBG and HOME programs, and authorize the BCC Chairman to certify the CAPER for submission to HUD. Agenda Item No. 16AI98 September 11. 20D4 Pae= 3 d 4 COLLIER COUNTY SOARC OF COUN''I COMMSS'v''RERS ftm Number 16419 Item Sunmary Recpnamendalion la aplxpve Co— Co—s Commurvty Gavalopnlanl Bbck G-1 (CDBG) pmgram and HOME Inves N+enl F-Ift iPS (HOME) Pmpram Vex 2003 M2 Consoroaled Mr M PeHrvmance and - c:•al -b- Report lcAPERt as ra W,,d by the U.S. Department of HouSir+y— L'rban Deve1Ppm8n1(HUD). and auihmize me Beard of C—tN Conmssaners Ohai — tore fy the CAPER for wb,—w to HUD. M-fir Daer 9- ,.000 9:00 00 AM prep— By �anau, D. Gerson n :y pvveloV = nal sarvlces Data Grama Dev P en. _owr'.ina.w a. t,'2g0.s I I:b6:S3 AM mama Finarrc -ml ..WUn. .. HOV Sinq Approved By _wn +ac Jib9n _m,mu Dlseo Hnp n +y Jeae � en. _,a,agar m,a n, .a Fi„ancral Ad.,.., P. Approved By Demon Baker Financial Admin aHOV ainy..rector Dale ., ty OevalopmvmS = al Servlcvs ^nancial Adran.. Housing 3110.1084 8:15 AM Approved By >anMa Laa Esecunva svcre:arV Data Jommunity JavalopmenrS _ mmuniy Oevaie:manta = ntat Services +tat sar.ices Adnrin_ 9: ±ORUpi IC:38 AIA Approved By _ons.anca A. 1PIm.1, _ .m Wiry Dev – oral aerW Operations An.uf•s: Ca.e en[ a ., m Wiry OevtloVmzm a es +tar Services Admin. 012 -004 T +_41. Approved By eommpoi:v Oevmpmaiv a Josaph'R. ichmnt _ommv,utg DevalPpmam = oral services Enviro,xnm[al Services AUminz;rator Java 3 Community MvvlPpman; S rsA Services Admin. -11004 1:12 A. Approved By a. _=n,n,am 's OMCe e Adm,n,a,ra,,a. Aae,z.a... are OHica of �.: a,mgzmem.6udge: 8I24�10043:a8 alai Approved By ...ark lsackson Wager's 01fice Butlge[Analysl Dade OBice,I !r:ana9en, m: a Budq 0.1 lo:16 Approved By ..1,chael mykewska ..lanagamem .. a,dyu ,,u=c.or Ca.a OYica of •'.�,m,acaman� Y iur'.ge: Approved By Agenda Item No. 16A198 September 14, 2004 Page 4of4 Attachment to: EXECUTIVE SUMMARY Recommendation to approve Collier County's Community Development Block Grant (CDBG) program and HOME Investment Partnerships (HOME) program year 2003 -2004 Consolidated Annual Performance and Evaluation Report (CAPER) as required by the U.S. Department of Housing and Urban Development (HUD), and authorize the Board of County Commissioners Chairman to certify the CAPER for submission to HUD. Public Comment Period Copies of the CAPER are available in most Collier County libraries as well as at the Financial Administration and Housing Department, 2800 N. Horseshoe Drive, Suite 400 Naples, FL 34104. Written comments will be accepted from August 13, 2004, to August 27, 2004. The public is invited to review the CAPER and submit written comments during this time frame to the Collier County Financial Administration and Housing Department by 5:00 p.m. on August 27, 2004. The CAPER, including a summary of public comments received will be sent to the U.S. Department of Housing and Urban Development by the end of September 2004. The summary of comments may also be examined at the Collier County Financial Administration and Housing Department after September 30, 2004. If any hearing, visually impaired, or non - English speaking person requires assistance to review the CAPER, please contact the Collier County Financial Administration and Housing Department at (239) 403 -2330. *Copies of the final FY 2003 -2004 CAPER will be given to the BCC and the County Manager's Office on Tuesday, September 7, 2004. Agenda Item No. 16A20 September 14, 2004 Page 1 of 9 f.I. 1►L_: _� 1 Recommendation to authorize 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 -6001, execute all Grant Sub - recipient agreement (s), provide an effective date and approve all necessary budget amendments. OBJECTIVE: The CDES Financial Administration and Housing Department (FAH) is requesting that the Board of County Commissioners (BCC) authorize the County Manager or CDES Division Administrator to (1) accept the attached FY 2003 United States Department of Housing and Urban Development Supportive Housing Grant Agreement, Project #FL14B30 -6001, and (2) execute all Grant Sub - recipient agreement(s). 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 (HUD). 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 HUD on behalf of the Collier County Hunger & Homeless Coalition. The CoC Grant was conditionally awarded to Collier County on December 19, 2003 and HUD notified Collier County on August 3, 2004 of its final selection for funding of this project. A total of $400,000 has been awarded for this project, which will be passed through 100% to Judd K. Roth Real Estate Development, LLC and/or the Big Cypress Housing Corporation to be fully expended by March 28, 2006. This grant is for a new, permanent housing project in Immokalee for persons with disabilities. FAH staff will oversee the project development, while the construction of the project will be subcontracted to Judd Roth Real Estate Development. The Collier County Housing Authority (CCHA) will manage the properties and assist the residents in accessing supportive services. CCHA will obtain title to the properties when construction is completed. The nature and scope of the proposed work will be to construct four single- family homes designed to accommodate disabled families and individuals who are homeless or at imminent risk of homelessness. These units will be developed within a larger planned development and ..,. will have access to services and amenities otherwise cost prohibitive to developments of this nature. FAH staff will monitor this project for twenty (20) years per HUD regulations. Agenda Item No, 16A20 September 14, 2004 Page 2 of 9 roiect Sponsor and Title Amount Awarded Collier County Department of Financial Administration and Housing $400,000 OTAL $400,000 FISCAL IMPACT: These funds have no effect on ad valorem or general fund dollars. The grant amount of $400,000 is to be passed through the County to Judd K. Roth Real Estate Development, LLC and/or the Big Cypress Housing Corporation. 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 CDES Division Administrator to (1) accept the FY 2003 United States Department of Housing and Urban Development Supportive Housing Grant Agreement, Project #FL14B30 -6001, (2) execute the Grant Sub - recipient agreement(s), on behalf of the County, and (3) approve all necessary budget amendments. W Septemner 14 20-14 COLLIER COUNTY ~~~~~, "~ty t—_~~.~~.~^~~~_~= �~~~�-~~^"""."_-"_~=°t t� F.~"~^°` ~~^~=°"~~g~~tj�~.~-_~S~~~.~~"".~ Aq~_P,q.""=^B30=—°=°~�~�=��`~ ~—�~^— °.^ 20~^= 00� ,,�p—d By ~ ^pp,~^By ^pp~~ ~ App~."~ 3=°~."= ^",~°~ App~~ By "^._`,.= App~~ By ^°~~By ^pp~°w ^pp~d B, G("� -) 4 -6 c :`1gend�q, fie po. 16A20 U.S. Department of Housing and Urban Development September 14, 2004 pa 9 Page 4 of 9 Region IV, Miami Field Office Brickell Plaza Federal Building 909 SE First Avenue, Rm. 500 Miami, FL 33131 -3042 a8 /03 /a SY Janeen D. Person Grants Development Coordinator Collier County Department of Financial Administration and Housing 2800 N. Horseshoe Drive Naples, FL. 34104 Dear Ms. Person: SUBJECT: Transmittal of Grant Agreements Supportive Housing Program Project Number: FL141330 -6001 Project Identifier Number: FL14120 Congratulations on the final selection of Eden Gardens Phase II under the Supportive Housing Program. All conditions attached to your award for this project have been met. HUD's total fund obligation for this project is $400,000, allocated as follows: 1. Grant amount for Acquisition $ -0- 2. Grant amount for Rehabilitation $ -0- 3. Grant amount for New Construction $400,000 4. Grant amount for Leasing $ -0- 5. Grant amount for Supportive Services $ -0- 6. Grant amount for Operating Costs $ -0- 7. Grant amount for HM1S $ -0- 8. Grant amount for Administration $ -0- Enclosed are three copies 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, and executed by HUD, one will be returned to you. Also enclosed are Grantee Financial Instructions in which you will find information on completing the Direct Deposit Form, the Voice Response Access Authorization form, and the Special Needs Assistance Programs Voucher for Grant Payment, all of which are necessary to www.hud.gov espanol.hud.gov Agenda Item No. 16,20 September 14, 2004 Page 5of9 receive payments from HUD. Enclosed is a copy of HUD 7015.15 and instructions for its completion. As previously mentioned in our notification letter to you, HUD 7015.15 (Request for Release of Funds and Certification) must be completed for each project site and returned to the HUD Field Office. HUD may not release grant funds if the recipient or any other part commits grant funds before the Field Office approves the Request for Release of Funds and Certification. If the recipient is a State or unit of general local government, then the recipient must complete all three parts of HUD 7015.15. If the recipient is a public housing agency (PHA) or a private nonprofit organization, the recipient must complete only part 3 of HUD- 7015.15 and then only after the recipient's responsible entity has conducted the environmental review, published the notices and completed parts 1 and 2 of HUD 7015.15. HUD cannot release funds if the recipient or any other party commits grant funds for activities not listed in 24 CFR 58.34 or 58.35(b) before the Field Office approves form HUD 7015.15. 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. Thank you for your commitment to assisting homeless persons. We look forward to working with you to eliminate homelessness. If you have any questions, please contact Mr. Ronald M. Muscarella at (305) 536 -4431 East. 2320. Sincerely, 7 Maria R. Ortiz -Hill, Dire or Community Planning and Development Division Enclosures Agenda Item No. 16A20 September 14, 2004 Fo U.S. Department of Housing and Urban Development rage o of 9 o Region IV, Miami Field Office Brickell Plaza Federal Building 909 SE First Avenue, Rm. 500 Miami, FL 33131 -3042 2003 Supportive Housing Grant Agreement - New This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and The Collier County Board of County Commissioners located at 3050 N. Horseshoe Drive, Naples Florida, the Recipient, whose Tax ID number is59- 6000558 for Project NumberFL14B30- 6001/Project Identifier Number FL14104, as described on pages _ through _ of the Application, and as identified below: Project Name: Eden Gardens Phase II Project Sponsor: Collier County Financial Administration and Housing Department. Project Location Marion Lane, Immokalee, Florida The assistance, which is the subject of this Grant Agreement, is authorized by the McKinney -Vento Homeless Assistance Act 42 U.S.C. 11381 (hereafter "the Act'). The term "grant" or "grant funds" means the assistance provided under this Agreement. This grant agreement will be governed by the Act, the Supportive Housing rule codified at 24 CFR 583, as amended by 68 FR 56396 on September 30, 2003, both of which are attached hereto and made a part hereof as Attachment A, and the Notice of Fund Availability (NOFA), published Apri l 25, 2003 at 68 FR 21581. The term "Application" means the application submission on the basis of which HUD, including the certifications and assurances and any information or documentation required to meet any grant award conditions, on the basis of which HUD approved a grant. The Application is incorporated herein as part of this Agreement, however, in the event of a conflict between any part of the Application and any part of 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 obligation for this project is $400,000. The Recipient agrees to comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant funds available. The Recipient agrees to participate in a local Homeless Management Information System (14MIS) when implemented. If the Recipient is a State or other governmental entity required to assume environmental responsibility, it agrees that no costs to be paid or reimbursed with grant funds will be incurred before the completion of such responsibilities and HUD approval of any required Request for Release of Funds. If, in the application, the Recipient indicated that activities in any project will be carried out www.hud.gov espanoi.hud.gov Aoenda item No. 16A20 September 14, 2004 Page 7of9 in an Empowerment Zone, an Enterprise Community, or an Enhanced Enterprise Community, 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 EZ/EC 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, unless 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 advantage of the Recipient hereunder be assigned without prior written approval of HUD. For any project funded by this grant, which is also financed through the use of the Low Income Housing Tax Credit, the following applies: HUD recognizes that the Recipient or the project sponsor will or has financed this project through the use of the Low - Income Housing Tax Credit. The Recipient or project sponsor shall be the general partner of a limited partnership formed for that purpose. If grant funds were used for acquisition, rehabilitation or construction, then, throughout a period of twenty years from the date of initial occupancy or the initial service provision, the Recipient or project sponsor shall continue as general partner and shall ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicable regulations and statutes. Further, the said limited partnership shall own the project site throughout that twenty -year period. If grant funds were not used for acquisition, rehabilitation or new construction, then the period shall not be twenty years, but shall be for the term of the grant agreement and any renewal thereof. Failure to comply with the terms of this paragraph shall constitute a default under the Grant Agreement. For any project receiving funds for acquisition, construction or rehabilitation, the following applies: The Recipient is required to execute and file for record a deed restriction, covenant running with the land or similar arrangement that will assure to HUD's satisfaction, compliance with the twenty -year term of commitment and a lien against the property, in a form to be approved by HUD, to secure HUD's interest in the repayment of the grant. If the Recipient and/or sub recipient wishes to sell or otherwise dispose of the assisted real property, they must request 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. - For projects involving acquisition, compliance with the recording requirement must be Agenda Item No. 16A20 September 14, 2004 Page 8 of 9 documented before release of any funds other than acquisition funds. For projects involving new construction or rehabilitation activities, compliance must be documented prior to the first release of federal funds. Evidence will be an original, executed document, in a form satisfactory to HUD, accompanied by a recording receipt. Upon completion of recordation, Recipient 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, failure in the Recipient's duty to provide the supportive housing for the minimum term in accordance 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 misrepresentations in the application submissions which, if known by HUD, would have resulted in this grant not being provided. Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUD may take one or more of the following actions: (a) direct the Recipient to submit progress schedules for completing approved activities; or (b) issue a letter of warning advising the Recipient of the default, establishing 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 repeated; or (c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or (d) direct the Recipient to suspend, discontinue or not incur costs for the affected activity; or (e) reduce or recapture the grant; or (f) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; or (g) continue the grant with a substitute Recipient of HUD's choosing; or (h) other appropriate action including, but not limited to, any remedial action legally available, such as affirrnative litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies. No delay or omission by HUD in exercising any right or remedy available to it under this Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. Recipients of assistance for acquisition, rehabilitation, or new construction shall file a certification of continued use for supportive housing for each year of the 20 -year period from the Agenda Item No. 16A20 September 14, 2004 Page 9 of 9 - date of initial occupancy. This Grant Agreement constitutes the entire agreement between the parties hereto, 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 This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development Signature and Date Maria R. Ortiz -Hill, Typed name of signatory Director Communi!y Planning and Development Division Title RECIPIENT _Collier County Board of County Commissioners Name of Organization Authorized Signature and Date Donna Fiala Typed name of signatory _Chairperson Title Janeen Person Grants development coordinator (23) 213 -2901 Fax (239) 403 -2331 - Official Contact Person and Telephone No. and Fax No. Agenda Item No. 16A21 September 14, 2004 Page 1 of 5 -- EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Grand Lely Drive and Lely Cultural Parkway", 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 "Grand Lely Drive and Lely Cultural Parkway ", a subdivision of lands located in Section 21 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 Services Department has completed the review of the construction drawings, specifications, and final plat of "Grand Lely Drive and Lely Cultural Parkway ". 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 Services Director and the County Attorneys 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 Services Department recommends that the final plat of "Grand Lely Drive and Lely Curtural Parkway" be approved for recording. FISCAL IMPACT: The project cost is $700,074.67 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer -$-0- b) Drainage, Paving, Grading - $700,074.67 The Security amount, equal to 110% of the project cost, is $770,082.14 Executive Summary Grand Lely Drive and Lely Cultural Parkway 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: $22,102.24 Agenda Item No. 16A21 September 14, 2004 Page 2 of 5 Fees are based on a construction estimate of $700,074.67 and were paid in July, 2003. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5. /ac) -$ 1,100.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) -$-0- Drainage, Paving, Grading (.75% const. est.) -$5,250.56 C) Construction Inspection Fee Water & Sewer (2.25% const. est.) -$-0- d) Drainage, Paving, Grading (2.25% const. est.) - $15,751.68 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. "genda Item No. 16A21 September 14, 2004 Executive Summary Page 3 of u Grand Lely Drive and Lely Cultural Parkway Page 3 STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Grand Lely Drive and Lely Cultural Parkway" for recording with the following stipulations: 1. Approve the amount of $770,082.14 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services 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 Services Department Director and the County Attorneys office. Agenda Ile, No, 16A21 September 14 2004 Page 4 d 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Summary Re b approve for mcwdng the I— Fl.. .f d Lely D., antl IeI, CW1 zLmdard 1-1 C-W- and .."e-- .,. orb F, .,—, ., fh. PaRPm,ance seventy A-fin 0— 9!14:20049'00 w W Prepared By D- App,d By Drem 1121 All En Approved By Approved By Approved By Approved By il A. Approved By Approved By .1 —Y LOCATION MAP Agenda Item No. 16A21 September 14. 2004 Page 5 of 5 W" UELY DRIVE AM MY CMTUtAL PARKWAY SITE MAP . .� LOCATION MAP Agenda Item No. 16A21 September 14. 2004 Page 5 of 5 W" UELY DRIVE AM MY CMTUtAL PARKWAY SITE MAP Agenda Item No. 16A22 September 14, 2004 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve seven Satisfactions of Lien for Code Enforcement Board Case Nos.: 2001 -079, 2002 -001, 2004 -003, 2003 -005, 2003 -006, 2001 -001 and 2004 -020. OBJECTIVE: To approve and authorize the execution and recordation of seven Satisfactions of Lien for the following: 1. 2001 -079 styled Board of County Commissioners vs. Andrew and Letty Espinoza 2. 2002 -001 styled Board of County Commissioners vs. Naples Lodge No. 2010, Joe Cassidy, Arthur L. Kozy and Henry Lehman 3. 2004 -003 styled Board of County Commissioners vs. Robert and Susan Dixon 4. 2003 -005 styled Board of County Commissioners vs. Southern Development Co. Inc. 5. 2003 -006 styled Board of County Commissioners vs. Southern Development Co. Inc. 6. 200 1 -001 styled Board of County Commissioners vs. Karen R. Ardner 7. 2004 -020 styled Board of County Commissioners vs. Maria Brizuela CONSIDERATION: 1. 2001 -079; On October 25, 2001, a public hearing was held before the Code Enforcement Board regarding violation of Ordinance No. 91 -102, as amended, Sections 2.6.7.1.1 and 1.5.6. An Order Imposing Fine/Lien was recorded in Official Record Book 3140, Page 2839, et seq. in the Public Records of Collier County, Florida. An Affidavit of Compliance has been filed bearing the date of November 7, 2001, indicating compliance with Order of the Code Enforcement Board. On July 16, 2004, the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. 2. 2002 -001; On March 28, 2002, a public hearing was held before the Code Enforcement Board regarding violation of Sections IV, sub - section (C7) of Ordinance No. 97 -42 and P.U.D. No. (S) 91 -95 of Ordinance No. 91 -102, as amended. An Order on Motion to Reduce /Abate Fines was recorded in Official Record Book 3515, Page 1417, et Agenda Item No. 16^22 September 14, 2004 Page 2 of 11 seq. in the Public Records of Collier County, Florida, granting waiver of fines but not the operational costs of $1,040.90. An Affidavit of Compliance has been filed bearing the date of January 13, 2004, indicating compliance with the Order of the Code Enforcement Board. On July 16, 2004, the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. 3. 2004 -003; On February 26, 2004, a public hearing was held before the Code Enforcement Board regarding violation of Ordinance No. 91 -102, as amended, Sections 1.5.6, 2.1.15 and 3.3.11. An Order Imposing Fine/Lien was recorded in Official Record Book 3598, Page 0405, et seq. in the Public Records of Collier County, Florida. An Affidavit of Compliance has been filed bearing the date of June 15, 2004, indicating compliance with Order of the Code Enforcement Board. On July 16, 2004, the, lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. 4. 2003 -005; On January 23, 2003, a public hearing was held before the Code Enforcement Board regarding violation of Ordinance No. 91 -102, as amended, Section 3.9.3. An Order Imposing Fine/Lien was recorded in Official Record Book 3552, Page 0910, et seq. in the Public Records of Collier County, Florida. An Order on Respondents' Request for Reduction of Fines/Lien was recorded in Official Record Book 3598, Page 0437, et seq. in the Public Records of Collier County, Florida, granting abatement of the fines. The operational costs were previously paid. An Affidavit of Compliance has been filed bearing the date of June 14, 2004, indicating compliance with Order of the Code Enforcement Board. On February 16, 2004, the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. 5. 2003 -006; On January 23, 2003, a public hearing was held before the Code Enforcement Board regarding violation of Ordinance No. 91 -102, as amended, Sections; 3.9.3., 2.2.24.5 and 2.7.6 (5). An Order Imposing Fine/Lien was recorded in Official Record Book 3552, Page 0903, et seq. in the Public Records of Collier County, Florida. An Order on Respondents' Request for Reduction of Fines/Lien was recorded in Official Record Book 3598, Page 0437, et seq. in the Public Records of Collier County, Florida granting abatement of the fines. The operational costs were previously paid. An Affidavit of Compliance has been filed bearing the date of June 14, 2004, indicating compliance with Order of the Code Enforcement Board. On February 16, 2004, the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. Agenda Item No. 16A22 September 14, 2004 Page 3 of 11 6. 2001 -001; On February 22, 2001, a public hearing was held before the Code Enforcement Board regarding violation of Ordinance No. 91 -102, as amended, Sections 2.6.7.1. An Order Imposing Costs/Lien was recorded in Official Record Book 2868, Page 1004, et seq. in the Public Records of Collier County, Florida. An Affidavit of Compliance has been filed bearing the date of July 17, 2001, indicating compliance with Order of the Code Enforcement Board. On August 2, 2004, the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. 7. 2004 -020; On March 25, 2004, a public hearing was held before the Code Enforcement Board regarding violation of Ordinance No. 89 -06, The Collier County Housing Code as amended, Section 5, Subsections 1, 2, 5, 12i, 12o and 12p. An Order Imposing Fine/Lien was recorded in Official Record Book 3552, Page 0923, et seq. in the Public Records of Collier County, Florida. An Affidavit of Compliance has been fled bearing the date of April 8, 2004, indicating compliance with Order of the Code Enforcement Board. On August 9, 2004, the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seventy Dollars ($70.00) — Ten Dollars ($10.00) per page for seven Satisfactions. This cost will be paid by Code Enforcement 111- 138911- 649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves the seven Satisfactions of Lien in the above referenced cases and authorizes their execution and recordation in the Public Records of Collier County, Florida. Agenda item No 16A22 September 14 9SO4 Paae4,f 11 COLLIER COUNTY 30ARD OF couNTY CQ-119510i4ERS Item Number 16112 ft. Summary R-1--l— 10 m.. -- S-1-- Of Le., f,, Code EnlorcOmanl B- C— N,, 200IUO79 2M2+101 2004- 00].200]+]05.200]-006. 2001 -001 — 200a- 020 M-fin D- 91,2004 9 w DD P,p—d By C.--v I . ........... —, 3121: al Approved By -,-y 0M.. Approved By 2-, P-- Approved By 112-6 -1. 1 14 e. Approved By Approved By Approved By D- Appm-d By s off.- f Manayemem S 3ud9ar .21,11.4 211.-1 Approved By D- 1 .7 A. Approved By App--d By Agenda Item No. 16A22 September 14, 2004 Page 5 of 11 This instrument pmparcd by: Shanclle Hilton, Administrative Secretary Code Enforcement 2900 N. Horseshoe Drive Naples, Florida 34112 (239) 403 -2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Three Hundred Eighty Dollars and Fifty -Two Cents ($380.52), arising out of the Code Enforcement Board Order Imposing Fine /Lien dated December 4, 2001, a copy recorded in O.R. Book 2939, Page 1630, et seq. of the Public Records of Collier County, Florida and a copy re- recorded in O.R. Book 3140, Page 2389, et seq. of the Public Records of Collier County, Florida against the following described real property, and all other real and personal property, located in Collier County, which is owned by Andrew- and Letty Espinoza has been satisfied in full. The real property located at 300 Country Club Drive, Naples, Florida, more particularly described as Lot 35, Palm River Estates, Unit 8, according to the plat thereof recorded in Plat Book 12, Page 12, Public Records of Collier County, Florida. Folio No.: 65521400001 The undersigned is authorized to and does hereby release this lien as to the whole of the above- described real property, and all other real and personal property owned by Andrew and Letty Espinoza and consents to this lien being discharged of record. Dated this I q +' �' day of 5e ' -'e-YK bZr 12004. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: , Deputy Clerk Apiro*# a,$ to form and Attorney DONNA FIALA, CHAIRMAN Agenda Item No. 16A22 September 14, 2004 Page 6 of 11 This instrument prepared by: Shanelle Hilton, Administrative Secretary Code Enforcement 2600 N. Horseshoe Drive Naples, Florida 34112 (239) 403 -2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of One Thousand Forty Dollars and Ninety Cents ($1,040.90) representing operational costs, arising out of the Code Enforcement Board Order on Motion to Reduce/Abate Fines dated March 2, 2004, a certified copy recorded in O.R. Book 3515, Page 1417, et seq. of the Public Records of Collier County, Florida, against the following described real property; and all other real and personal property-, located in Collier County, which is owned by Naples Lodge No. 2010, Joe Cassidy, Arthur L. Kozy and Henry Lehman has been satisfied in full. The real property located at 3950 Radio Road, Naples, Florida, more particularly described as Parcel 8 — Northeast '/4 of the Northeast '/4 of the Northwest '/4 less Right- Of -Way, Section 1, Township 50, Range 25, Collier County, Florida. Folio No. 61680000003 The undersigned is authorized to and does hereby release this lien as to the whole of the above- described real property, and all other real and personal property owned by Naples Lodge No. 2010, Joe Cassidy, Arthur L. Kozy and Henry Lehman and consents to this lien being discharged of record. Dated this _1. 1, day of !Se ,(j �� rn �? c>' 2004 ATTEST: DWIGHT E. BROCK, Clerk By. , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN Agenda Item No. 16A22 September 14, 2004 Page 7 of 11 This instrument prep" by Shanelle Hilton, Administrative Secretary Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403 -2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the stun of Two Thousand Two Hundred Forty -One Dollars and Seventy-Five Cents ($2,241.75), arising out of the Code Enforcement Board Order Imposing Fine/Lien dated June 29, 2004, a certified copy recorded in O.R. Book 3598, Page 0405, et seq. of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Robert and Susan Dixon has been satisfied in M. The real property located at 3968 20 Place SW, Naples, Florida, more particularly described at O.R. Book 3515, Page 1396. Folio No.: 35779420009 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Robert and Susan Dixon, and consents to this lien being discharged of record. Dated this i! q 4 h day of 5C bT eYtit b t' .2004. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: , Deputy Clerk to Klatzkow �ounty Attorney DONNA FIALA, CHAIRMAN Agenda Item No. 16A22 September 14, 2004 Page 8 of 11 This instrument prepared by Shanelle Hilton, Administrative Secretary Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403 -2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Eleven Thousand Three Hundred Dollars ($11,300.00) arising out of the Code Enforcement Board Order Imposing FineLien dated April 26, 2004, recorded in O.R. Book 3552 Page 0903 et seq., of the Public Records of Collier County, Florida, and modified by Code Enforcement Board Order on Respondents' Request for Reduction of Fines/Lien dated June 29, 2004, abating the fines but continuing the Order for operational costs in the amount of One Thousand One Hundred Eighty Dollars and Seventy -Five Cents ($1,180.75), recorded in O.R. Book 3598, Page 0437 et seq., of the Public Records of Collier County, Florida, against the following described real property, and all real and personal property, located in Collier County, owned by Southern Development Co., Inc., and Mario Curiale as its Registered Agent, President and Director, has been satisfied in full. The real property located at Section 3, Township 51, Range 26 and more particularly described at O.R. Book 2640, Page 1948. Folio No. 00726040001 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all real and personal property owned by Southern Development Co., Inc., and Mario Curiale as its Registered Agent, President and Director and consents to this lien being discharged of record. Dated this 1 1+l' day of St 4ZYYL ky- .2004. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Deouty Clerk DONNA FIALA, Chairman Agenda item No. 15A22 September 14, 2004 Page 9 of 11 This instrument prepared by: Shanelle Hilton, Administrative Secretary Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (23 9) 403 -2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Eleven Thousand and Three Hundred Dollars (511,300.00) arising out of the Code Enforcement Board Order Imposing Fine/Lien dated April 26, 2004, recorded in O.R. Book 3552, Page 0910, et seq. of the Public Records of Collier County, Florida, and modified by Code Enforcement Board Order on Respondents' Request for Reduction of Fines/Lien dated June 29, 2004, abating the fines but continuing the Order for operational costs in the amount of One Thousand Two Hundred Two Dollars and Fifty Cents ($1,202.50), recorded in OR. Book 3598, Page 0437 et seq., of the Public Records of Collier County, Florida, against the following described real property, and all real and personal property, located in Collier County, owned by Southern Development Co., Inc., and Mario Curiale as its Registered Agent, President and Director, has been satisfied in full. The real property located in Section 3, Township 51, Range 26 and more particularly described at O.R. Book 2963, Page 777, Folio No. 00725960001 The undersigned is authorized to and does hereby release this lien as to the whole of the above- described real property, and all real and personal property owned by Southern Development Co., Inc., and Mario Curiale as its Registered Agent, President and Director and consents to this lien being discharged of record. Dated this rcf ddy of _ SIL pop_ EI bt t' .2004 1 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: , Deputy Clerk DONNA FIALA, Chairman Agenda Item No. 16A22 September 14, 2004 Page 10 of 11 This instrument prepared by: Shanelle Hilton. Administrative Secretary Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403 -2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Three Hundred Ninety -Two Dollars and Ninety Cents ($392.90) for operational costs, arising out of the Code Enforcement Board Order Imposing Fine/Lien dated July 27, 2001, a copy recorded in O.R. Book 2868, Page 1004, et seq. of the Public Records of Collier County, Florida and a copy re- recorded in O.R. Book 2868, Page 1039, et seq. of the Public Records of Collier County, Florida against the following described real property, and all other real and personal property, located in Collier County, which is owned by Karen R. Ardner has been satisfied in full. The real property located at 6 Watercolor Way, Naples, Florida, more particularly described as Family Unit No. 6, Four Fountains, Group One, a Condominium, according to the terms and provisions of the Declaration of Condominium, dated October 25, 1973, and recorded in OR Book 560, Page 135, Public Records of Collier County, Florida. Folio No.: 33380240007 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Karen R. Ardner and consents to this lien being discharged of record. Dated this -lqt" day of _ ';e yP1 -b4r , 2004. ATTEST: DWIGHT E. BROCK, Clerk By: , Deputy Clerk BOARD OF COUNTY CONCNIISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN Agenda Item No. 16A22 September 14, 2004 Page 11 of 11 This instrument prepared by: Shanelle Hilion, Adminismrive Sxretary Code Enrbr rrenl 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403 -2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of One Thousand Sixteen Dollars and Twenty-Five Cents ($1,016.25), arising out of the Code Enforcement Board Order Imposing Fine/Lien dated April 26, 2004, a certified copy recorded in O.R. Book 3552, Page 0923, et seq. of the Public Records of Collier County, Florida against the following described real property, and all other real and personal property, located in Collier County, which is owned by Maria Brizuela has been satisfied in frill. The real property located at 11571 Laakso Lane, Naples, Florida, more particularly described as the Southeast '/4 of the Southwest '/ of the Northwest 1/4 of the Southwest, Section 16, Township 51 South, Range 27 East, Collier County, Florida. Folio No.: 00752040004 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Maria Brizuela, and consents to this lien being discharged of record. Dated this 14-H day of S di e p& 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROOK, Clerk COLLIER COUNTY, FLORIDA By: , Deputy Clerk DONNA FIALA, CHAIRMAN Agenda Item No. 16A23 September 14, 2004 Page 1 of 41 EXECUTIVE SUMMARY Recommendation to approve Lien Resolutions for the following Code Enforcement Case Numbers: 2003120886/Reece Est., Annie Earl, 2004030081/ Jules, Josue & Tercilia, 2004030533/ Anderson, Bobbie, 2004010483/ Montes, Lillian, 2004011198/ Reece Est., Annie Earl, 2004030804/ Dominguez, Et Al. John R, 2004030990/ Miranda, Guido, 2004041022/ Munoz, Margarita, 2004030055 / Trevino, Francisco, 2004050829/ Faccone, Joseph, 2004050826/ Cavataio, Salvatore & Antoinette, 2004050746/ Fenton, Bonnie, 2004051406/ Pretschold, E.H. & Catherine L, 2004050506/ Galloway, Barbara, 2004050796/ Tausch, Valarie S., 2004010906/ Lewis Tr. Evelyn G., 2004050825 Tremblay, Claudette and 2004051063/ Jules, Josue & Tercilia. OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99 -51, as successor to Ordinance No. 91- 47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation determined 12/16/03 b. Notice of Violation served 12/24/03 2003120886 Reece Est., Annie c. Notice of Violation Posted N/A $875.00 Earl. d. Unabated nuisance verified 01/26/04 e. Nuisance abated with public funds 03/04/04 f. Owner invoiced for costs 03/10/04 a. Violation determined 03/03/04 b. Notice of Violation served N/A 2004030081 Jules, Josue & c. Notice of Violation Posted 03/03/04 $255.00 Tercilia d. Unabated nuisance verified 03/15/04 e. Nuisance abated with public funds 03/19/04 f. Owner invoiced for costs 03/29/04 Agenda Item No. 16A23 September 14, 2004 Page 2 of 41 a. Violation determined 03/03/04 Anderson, Randolph b. Notice of Violation served N/A 2004030533 Anderson, Bobbie c. Notice of Violation Posted 03/03/04 $255.00 d. Unabated nuisance verified 03/23/04 e. Nuisance abated with public funds 04/10/04 f. Owner invoiced for costs 04/22/04 a. Violation determined 01/07/04 b. Notice of Violation served unclaimed 2004010483 Montes, Lillian c. Notice of Violation Posted 02/24/04 $255.00 d. Unabated nuisance verified 03/23/04 e. Nuisance abated with public funds 04/10/04 f. Owner invoiced for costs 04/22/04 a. Violation determined 01/26/04 b. Notice of Violation served 01/31/04 2004011198 Reece Est., Annie c. Notice of Violation Posted N/A $550.00 Earl d. Unabated nuisance verified 04/10/04 e. Nuisance abated with public funds 04/15/04 f. Owner invoiced for costs 04/23/04 a. Violation determined 03/16/04 b. Notice of Violation served n/a 2004030804 Dominguez, Et Al, c. Notice of Violation Posted 03/19/04 $255.00 John R d. Unabated nuisance verified 03/31/04 e. Nuisance abated with public funds 04/26/04 f. Owner invoiced for costs 04/28/04 a. Violation determined 03/16/04 b. Notice of Violation served 03/26/04 2004030990 Miranda, Guido c. Notice of Violation Posted n/a $350.00 d. Unabated nuisance verified 04/13/04 e. Nuisance abated with public funds 05/10/04 f Owner invoiced for costs 05/21/04 a. Violation determined 04/20/04 b. Notice of Violation served 05/07/04 2004041022 Munoz, Margaret c. Notice of Violation Posted n/a $255.00 d. Unabated nuisance verified 05/20/04 e. Nuisance abated with public funds 05/28/04 f. Owner invoiced for costs 06/02/04 a. Violation determined 02/14/04 b. Notice of Violation served 03/10/04 2004030055 Trevino, Francisco c. Notice of Violation Posted n/a $840.00 d. Unabated nuisance verified 05/20/04 e. Nuisance abated with public funds 06/10/04 f. Owner invoiced for costs 06/14/04 Agenda Item No. 1 BA23 September 14, 2004 Page 3 of 41 a. Violation determined 05/18/04 b. Notice of Violation served n/a 2004050829 Faccone, Joseph c. Notice of Violation Posted 05/18/04 $255.00 d. Unabated nuisance verified 06/01/04 e. Nuisance abated with public funds 06/10/04 f. Owner invoiced for costs 06/15/04 a. Violation determined 05/18/04 b. Notice of Violation served n/a 2004050826 Cavataio, Salvatore c. Notice of Violation Posted 05/18/04 $255.00 and Antoinette d. Unabated nuisance verified 06/01/04 e. Nuisance abated with public funds 06/10/04 f. Owner invoiced for costs 06/15/04 a. Violation determined 05/18/04 b. Notice of Violation served n/a 2004050746 Fenton, Bonnie c. Notice of Violation Posted 05/18/04 $255.00 d. Unabated nuisance verified 06/01/04 e. Nuisance abated with public funds 06/10/04 f. Owner invoiced for costs 06/16/04 a. Violation determined 05/28/04 b. Notice of Violation served n/a 2004051406 Pretschold, E.H. and c. Notice of Violation Posted 05/28/04 $300.00 Catherine L. d. Unabated nuisance verified 06/10/04 e. Nuisance abated with public funds 06/14/04 f. Owner invoiced for costs 06/17/04 a. Violation determined 05/12/04 b. Notice of Violation served n/a 2004050506 Galloway, Barbara c. Notice of Violation Posted 05/12/04 $675.00 d. Unabated nuisance verified 05 /25/04 e. Nuisance abated with public funds 06/14/04 f. Owner invoiced for costs 06/21/04 a. Violation determined 05/18/04 b. Notice of Violation served n/a 2004050796 Tausch, Valarie S. c. Notice of Violation Posted 05/18/04 $255.00 d. Unabated nuisance verified 06/05/04 e. Nuisance abated with public funds 06/14/04 f. Owner invoiced for costs 06/21/04 a. Violation determined 01/22/04 b. Notice of Violation served unclaimed 2004010906 Lewis, Tr., Evelyn G. c. Notice of Violation Posted 04/30/04 $2500.00 d. Unabated nuisance verified 05/20/04 e. Nuisance abated with public funds 05/25/04 f. Owner invoiced for costs 06/22/04 Agenda item No. 16A23 September 14, 2004 Page 4 of 41 Upon the Boards adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $8,895.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $18.50 per lien, totaling $333.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. a. Violation determined 05/18/04 b. Notice of Violation served n/a 2004050825 Tremblay, Claudette c. Notice of Violation Posted 05/18/04 $255.00 d. Unabated nuisance verified 06/10/04 e. Nuisance abated with public funds 06/20/04 f. Owner invoiced for costs 06/30/04 a. Violation determined 05/25/04 b. Notice of Violation served n/a 2004051063 Jules, Josue and c. Notice of Violation Posted 05/25/04 $255.00 Tercilia d. Unabated nuisance verified 06/08/04 e. Nuisance abated with public funds 06/20/04 f. Owner invoiced for costs 06/30/04 Upon the Boards adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $8,895.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $18.50 per lien, totaling $333.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. Aaenda Item No. 16A23 $eplembel 14. 2004 Pau. 5 .1 41 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Bem Number 16;123 Mm Summary R---W I. reprove Lien 1121N'Jb— fp M. 1p11pvnn9 Cafe Enbrc — Case Numbers'. 2003120885rReece Est. A s Ead. 200a03WI;1i JWn Josue 8 Teru6a. 20040305331 M,Mlll. Bdbbis. 200401048E Morales. trlgan. 200401119W Reece Est. A— Earl. 2004030804• Domeguei. El Al J— R, 2OD403099W Miranda. Gs . 20040410221 Al—n bt,q— 20040300551 Trevino, Francisco, 2004050829i Faccone. Joseph. 200a05WZ6! Cavalap Salvatore 8 Mtbineea. 200405074ry Fenlon, Bmme. 2 00 4 05 14 061 Prelscbold. E 8 Camenne L 200405050N Galloway. Barbara. 2004050796: Tau— Valane S.. 2004010906! Leu.s Tr Eelyn G 200a05082Y Tr•_nlblay. Qaudeite and 20040510631 JWes. J— 8 Temili, . MeeNN D- 9114x2004 9 00.00 AM Paep-r By abaneSe Hilton uni1Y Developmeir, Dme Admimsrmnve 5e_—'y 9r'?dRO0J 8: ?I:1I AM S Approved IS Janx, va,..ra nr�ndyDwao overanwt: ma 9 m,< m.ms .ode _nmreen�m H,_Jroa I. AM Approved By .,ncnxlla C—rds _ --'y CevelopmzmS A-- code= ntorcemem Di'—' Date _ode Enlwcamen: 91 ?4r1H0s J:JB PM Approved By .,ansancz A. Jonnson ..ammo : v opzm,—Analyst Oa!e en. .. r.ommuniey DeveloumanlS er ?7.20048: ?11 AM Approved By _ands _sa _..mmu ev -ro - - �.ecutrve 6ecre:ay Date mend _aroma :y CavalPVmerrl4 Cnvr - s AAm 9..]r200J I:BH aM Approved By Josal.n �. acnnu.' .,ommuniy Deveiourixms _ �mnmu 1y Dave o an18 _nvuonman.al Sencea Admn..ratw Dale o. mu ritY Developmznti .+._,.,OM 10:0: aF! Approved By dal Le' —'a Anmims.mnve Aae -ll, Dave nagemen!3 audge; 410' 2SAM .approved By ... ,nvemen: s awyx: enm ?aw :ni Approved By .n_.tae: 5^f *s.sb ..a -� eirS 3ud9e•Dirzc,.r Ca:z App—d By .xames J -., odd �er n. �sun.rs _ou .V a J -uun.: ..n y s_i!KCe J:J:. ?oa11 t_J ..M Agenda Item No. 16A23 September 14, 2004 Page 6 of 41 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: TREVINO, FRANCISCO LEGAL DESCRIPTION: Lot 3, Block "B", Pinecrest Subdivision as recorded in Plat Book 7, Page 108 of the Public Records of Collier County, Florida. COST: $840.00 REFERE,NCE#: 2533 FOLIO it: 66880840000 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this jeday of z-yg omAd2004. 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: Thomds C. Palmer, Assistant County Attorney F'. LM-W MStR RFSOrunioN Agenda Item No. 16A23 September 14, 2004 Page 7 of 41 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 9951, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the properly against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: CAVATAIO, SALVATORE AND ANTOINETTE LEGAL DESCRIPTION: Lots 2, Block 253 Unit 7, Part Golden Gate according to the plat thereof recorded in Plat Book 5 Page 143 of the Public Records of Collier County, Florida COST: $255.00 REFERENCE #: 2535 FOLIO #: 36449400003 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above- dcscribed property. if within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Cother County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this eday of 2004. 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 F: Lff" MSTR RESOLUTION Agenda Item No. 16A23 September 14, 2004 Page 8of41 RESOLUTION NO. 2003 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided m Ordinance No. 99-5 1, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the Country, shall be assessed against such property; and WTIEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the properly against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAAE: REECE, EST. ANNIE EARL LEGAL DESCRIPTION: Lot Seven of Block "A" of the Bondurant Subdivision, in Immokalee COST: 5550.00 REFERENCE#: 2519 FOLIO p: 023370200008 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within Nventy (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County', and by recording shall constitute a lien against the above- described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Cemrnissioners of Collier County, Florida, this jy�Uay of _ a�bcf 2004_ 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 suffficien1 Thomas C. Palmer, Assistant County Attorney F: LIEN/ MSiR USOLUT10N Agenda Item No. 16A23 September 14, 2004 Page 9 of 41 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: REECE, EST. ANNIE EARL LEGAL DESCRIPTION: Lot Seven of Block "A" of the Bondurant Subdivision, in Immokalee. COST: $875.00 REFERENCE #: 2506 FOLIO #: 024370200008 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above- described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real andlor personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this j!ttUay of 5 _$LA ( 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: _ BY: Deputy Clerk DONNA FIALA ,Chairman Approved as to form and Leg al sufficiency: TA __ciWA�/ Thd C. Palmer. Assistant County Attorney F. UEW MSTR RrSOWTION Agenda Item No. 16x23 September 14, 2004 Page 10 of 41 RESOLUTION NO.2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including presented administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (120/6) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: GALLOWAY, BARBARA L. LEGAL DESCRIPTION: See attached Exhibit "A ". COST: 5675.00 REFERENCE#: 2545 FOLIO #: 01131800000 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessmeet of Lien to the owner(s) of the above described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above- described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this W"day of m(Xf 2004. 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:''/////J��J��.-�///1'' �a! Thds C- Pal-mer, Assistant County Attorney F -. LHH Q NSrR RFSOLUTRNl Agenda Item No. 16A23 September 14, 2004 Page 11 of 41 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAN E: LEWIS, TR, EVELYN G. LEGAL DESCRIPTION: 9 47 29 W I00FT of E 200FT of S 215FT of W I!2 of NE 1/4 of S W 1/4 of NE 114.49 AC OR 1129 PG 2296 COST: 52,500AO REFERENCE#: 2551 FOLIO 0: 00135600003 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice ,_.... of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property oxvned by the noted property owner(s) in Collier County, This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this ij�bay of 4�.Oh 2004. 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: b-' ".t.._-- Ili n1as C. Palmer, Assistant County Attomey F LIEW MM RESOLUTION Agenda Item No. 16A23 September 14, 2004 Page 12 of 41 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: TREMBLAY, CLAUDETTE LEGAL DESCRIPTION: Lot 19, Block 100, Unit 3, Part Golden Gate, according to the plat thereof recorded in Plat Book 5, Page 101, of the Public Records of Collier County Florida. COST: $255 -00 REFERENCE #: 2552 FOLIO #: 36000240009 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the ahove- described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this iq�klay of ' 2004. 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. "6=—= Thomis C. Palinei, Assistant County Attorney F: UEN/ MSTR RESOLLrrrON Agenda Item No. 16A23 September 14, 2004 Page 13 of 41 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, [N ACCORDANCE WITH ORDINANCENo. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrete on the unpaid balance beginning on the date this Resolution is recorded at the rate oftwelve percent (12%) per annum NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: N&NIE: TAUSCH, VALARIE S. LEGAL DESCRIPTION: Lot 13, Block 2, GULF SHORES SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 4, Page 50 of the Public Records of Collier County, Florida COST: $255.00 REFERENCE #: 2546 FOLIO #: 48171000001 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above -described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above- described real property, and to the extent allowed by law, shall also be alien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, th s t�d„day of nA�y2004. 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: Thom C. Palmer, Assist Anomey F: LMW MSTR RESOLUTION Agenda Item No. 16A23 September 14, 2004 Page 14 of 41 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAINIE: PRETSCHOLD, E.H. AND CATHERINE L. LEGAL DESCRIPTION: Lot 6, Block Q, Conner's Vanderbilt Beach Estates, Unit No. 2, according to PIat thereof as recorded in Plat Book 3, Page 17, Public Records of Collier County, Florida- COST: 5300.00 REFERENCEM 2544 FOLIO k: 27588840008 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above -described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be alien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this !!inlay of 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCY, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk DONNA FIALA, Chairman Approved as to form and Legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: rmu MS'M RFSOLUrtON Agenda Item No. 16A23 September 14, 2004 Page 15 of 41 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: FENTON, BONNIE L. LEGAL DESCRIPTION: Lot 1, Block 256, Golden Gate, Unit 7, according to the plat thereof of record in Plat Book 5, Pages 135 through 146, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2543 FOLIO #: 36449960005 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this ALOday of` 5�Pk�.Y , 2004. 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 F: LIEN/ MSnt RESOLUTION Agenda Item No. 16A23 September 14, 2004 Page 16 of 41 RESOLUTION NO. 2004. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of Counry Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the dale of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: FACCONE, JOSEPH LEGAL DESCRIPTION: Lot 15, Block 243, GOLDEN GATE, Unit No. 7, according to the plat thereof, recorded in Plat Book 5, Page 141 of the Public Records of Collier County, Florida. COST: 5255.00 REFERENCE#: 2534 FOLIO k: 36441680008 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above -described property. If within twenty (20) days of the date of mailing that copy, the owner faits to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above- described real property, and to the extent allowed bylaw, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this 1�T�day of 2004. 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: ThomaskC. Palmer, Assistant County Attorney F_ LrENI MSTR RESOLLMON Agenda Item No. 16A23 September 14, 2004 Page 17 of 41 RESOLLTION NO. 2004-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and 'interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: MUNOZ, MARGARITA LEGAL DESCRIMON: Beginning at the Southeast comer of Lot 31 of Block A of MYRTLE COVE ACRES UNIT NO. 1., according to the plat thereof as recorded in Plat Book 3, Page 38, Collier County Public Records, Collier County, Florida. COST: $255.00 REFERENCE #: 2531 FOLIO #: 00440000000 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice . -- of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida. this 11day of. 2004. 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. Pahndr, Assistant County Attorney F'. LIM MM RESOLUTION Agenda Item No. 16A23 September 14, 2004 Page 18 of 41 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against sueb property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMSSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAbIE: MIRANDA, GUIDO LEGAL DESCRIPTION: Lot 10, Block 191, GOLDEN GATE, Unit No. 6, according to the Plat thereof, as recorded in Plat Book 5, at Pages 124 through 134, inclusive, of the Public Records of Collier County, Florida. COST: 5350 -00 REFERENCE#: 2528 FOLIO #: 36307920006 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and drily adopted by the Board of County Commissioners of Collier County, Florida, this W"' day of �e- 2004. 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 F: LIEN/ MSn RFSOLURON Agenda Item No. 16A23 September 14, 2004 Page 19 of 41 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME; MONTES, LILLIAN LEGAL DESCRIPTION: Lot 21, Block B, Wells Subdivision, a subdivision of Collier County Florida as per plat or map thereof recorded in Plat Book 4, Page 32, in the Public Records of Collier County, Florida. COST: $255.00 REFERENCE #: 2517 FOLIO #: 0081321240005 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice - -- of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this ANY of },f; 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROC& Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Legal sufficiency: Thom— �almer, Assistant County Attorney F: LIEN/ MSIR RESOULMON DONNA FIALA, Chairman Agenda Item No. 16A23 September 14, 2004 Page 20 of 41 RESOLUTION NO- 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property, and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMIMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to writ: NAME: ANDERSON, RANDLOPH AND BOBBIE LEGAL DESCRIPTION: Commencing at the Southwest comer of the N''A of SW '/. of SE ti of SE b of Section 4, Township 47 South, Range 29 East, Collier County, Florida; thence run North 89°25'55" East 30.00 feet to the East right of way line of 5t° Street to the Point of Beginning; thence North 0 °49'35" West 91.36 feet along said right of way line; thence North 89 °25'25" East 168.80 feet; thence South 0'49'35" East 91.34 feet to the South Boundary of the North '/: of SW 'ti of SE ''/ of SE '/ of Section 4, Township 47 South, Range 29 East; thence South 89 °25'55" West along said boundary 168.80 feet to the Point of Beginning. COST: 5255.00 REFERENCE #: 2518 FOLIO #: 00125440008 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this jeday of Wlbc(, 2004. ATTEST: BOARD OF COUNTY CONLMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk DONNA FIALA, Chairman Approved as to form and Legal su�iciency ^ I, /yy�r� P'Y- � Tboinwr C. Palmer, Assistant County Attorney F: L E V MSTR RESOLUTION Agenda Item No. 16A23 September 14, 2004 Page 21 of 41 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AIvfENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW", THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit NAME: JULES, JOSUE AND TERCILIA LEGAL DESCRIPTION: Lot 18, Block 141, of that certain subdivision known as GOLDEN GATE, UNIT 4, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court of Collier County, Florida in Plat Book 5, page(s) 113. COST: $255.00 REFERENCE #: 2512 FOLIO #: 36127600001 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice ,.,.. of Assessment of Lien to the owner(s) of the above -described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to be extent allowed by law, shall also be a lien upon all other neat and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this )402ay of , 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY BY: Deputy Clerk DONNA FIALA, Chairman Approved Approved as to form and Legal sufficiency: Thomas C.tPalmer, Assistant County Attorney F UEN/ MSTR RFSOW'TION Agenda Item Flo. 16A23 September 14, 2004 Page 22 of 41, RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property, and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abafement, to wit: NAME: IULES, IOSUE AND TERCILIA LEGAL DESCRIPTION: Lot 18, Block 141, of that certain subdivision known as GOLDEN GATE, UNIT 4, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court of Collier County, Florida in Plat Book 5, page(s) 114. COST: $255.00 REFERENCE #: 2554 FOLIO #: 36127600001 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owners) of the above- described property. If within twenty (20) days of the date of mailing that copy, the owtter fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this NYrday of 4ii e 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: D BY: eputy Clerk DONNA FIALA, Chairman Approved as to form and Legal sufficiency:_ ThomasC. Palmer, Assistant County Attorney F LLEWMSTRRFSOLUTI N Agenda Item No. 16A23 September 14, 2004 Page 23 of 41 RESOLUTION NO. 2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -5I, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property, and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel, and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid, and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (121/6) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: DOMINGUEZ ET AL., JOHN R LEGAL DESCRIPTION: Lot 8, Block 175, unit 5, Golden Gate, according to the plat thereof recorded in Plat Book 5, Page 122, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE #: 2521 FOLIO #: 36247840000 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the - Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County, This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this t ay of rte,' Y,�i d . 2004 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: Uw. AL& Thomas C. Palmer, Assistant County Attomey F: LLDU MSM RESOLUTION Agenda Item No. 16A23 September 14, 2004 Page 24 of 41 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEiVIENT DEPARTNIENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Trevino, Francisco DATE: P.O. Box 1344 Immokalee, FL 34143 REF. INV.# 2533 FOLIO # 66880840000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 3, Block "B ", Pinecrest Subdivision as recorded in Plat Book 7, Page 108 of the Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on February 14 2004, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is WEEDS AND GRASS IN EXCESS OF EIGHTEEN (18) INCHES AND LITTER INCLUDING BRANCHES AND YARD DEBRIS. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Six Hundred and Forty ($640.00) Dollars plus an administrative cost of Two Hundred (5200.00) dollars for a total of EIGHT HUNDRED AND FORTY DOLLARS ($840.00)- Such cost, by Resolution of the Board of County Commissioners of Collier Counry, Florida, shall become a Gen on your property when recorded after approval by the Board. FAILURE TO TM ELY PAY THE ANIOCNV°f SPECIFIED IN THIS NOTICE NIAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: L1 V MSTR INAL Agenda Item No. 16A23 September 14, 2004 Page 25 of 41 BOARD OF COUNTY COMIMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Cavataio, Salvatore DATE: Cavataio, Antoinette 1783 W. 10" St Naples, FL 34104 REF. INV.# 2535 FOLIO N 36448400003 LIEN NUMBER: LEGAL DESCRIPTION: Lots 2, Block 253 Unit 7, Pan. Golden Gate according to the plat thereof recorded in Plat Book 5 Page 143 of the Public Records of Collier County, Florida You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on Ivtay 18 2004, and ordered the abatement or a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SINID,AR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred (5200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS (5255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F LIENS/ MSTR tNAL Agenda Item No. 16A23 September 14, 2004 Page 26 of 41 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Reece ESL, Annie Earl C/O Kathriva Tindal 4 West Clermont Ct. Ft. Myers, FL 33916 DATE: REF. INV.ht 2519 FOLIO k 024370200008 LIEN NLti113ER: LEGAL DESCRIPTION: Lot Seven of Block "A" of the Bondurant Subdivision, in Immokalee. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on January 26, 2004, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you The nuisance is: UNSAFESTRUCTURE You failed to abate such nuisance, whereupon, it was abated by the expenditure of public funds at a direct cost of Four Hundred and Fifty Dollars (5450.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of SIX HUNDRED AND FIFTY DOLLARS ($650.00). Such cost, by Resolution of the Board of County Commissioners of Collier County. Florida, shall become a lien on vow property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AG.4LNST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F LJENV MSTA tNnL Agenda Item No. 16A23 September 14, 2004 Page 27 of 41 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Reece Est., Annie Earl CIO Kathriva Tindal 4 West Clermont Ct. Ft. Myers, FL 33916 DATE: REF. INV.# 2506 FOLIO N 024370200008 LIEN NUMBER: LEGAL DESCRIPTION: Lot Seven of Block "A" of the Bondurant Subdivision, in Immokalee. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on December 16, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Six Hundred and Seventy Five Dollars (5675.00) Dollars plus an administrative cost of Two Hundred (5200.00) dollars for a total of EIGHT HUNDRED AND SEVENTY FIVE DOLLARS ($875.00)_ Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN- THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. P LIENS/ MS7R I.NAL Agenda item No. 16A23 September 14, 2004 Page 28 of 41 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Galloway, Barbara L P.O. Box 196 Everglades City, FL 34139 -0196 DATE: REF. R%V.# 2545 FOLIO 9 01131800000 LIEN NUMBER: LEGAL DESCRIPTION: See attached exhibit "A °. You, as the owner(s) of the property above -described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on May 15, 2004, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Four Hundred and Seventy -Five ($475.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of SIX HUNDRED AND SEVENTY -FIVE DOLLARS ($675.00). Such cost, by Resolution of the Board of County- Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F_ Ig?454 MSTR LNAL Agenda Item No. 16A23 September 14, 2004 Page 29 of 41 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Lewis, TR, Evelyn G. DATE: 1537 Veronica S Shoemaker Blvd Ft. Myers, Florida 33916 -2133 REF. 1NV.4 2551 FOLIO 900135600003 LIEN NUMBER: LEGAL DESCRIPTION: 9 47 29 W 100FT of E 20OFT of S 215FT of W 12 of NE I/4 of SW 1/4 of NE 1/4.49 AC OR 1129 PG 2296 You, as the owner(s) of the property above - described. as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on January 22, 2004, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF NON - PROTECTED OVERGROWTH AND PROHIBITED EXOTICS. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Two Thousand and Three Hundred Dollars ($2,300.00) plus an administrative cost of Two Hundred (5200.00) dollars for a total of TWO THOUSAND and FIVE HUNDRED DOLLARS ($2,500.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED El� THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS) MM tNAL Agenda Item No. 16A23 September 14, 2004 Page 30 of 41 BOARD OF COUNTY COMNIISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Tremblay, Claudette DATE: 70 Danfortb Ln West Hartford, CT 06110-0000 REF. INVA 2552 FOLIO it 36000240009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 19, Block 100, Unit 3, Part _ Golden Gate, according to the plat thereof recorded in Plat Book 5. Page 101, of the Public Records of Collier County Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on May 18, 2004. and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN I EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TTMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F. LIENSI MM tNAL Agenda Item No. 16A23 September 14, 2004 Page 31 of 41 BOARD OF COUNTY COMIVHSSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA Tausch, Valerie S. DATE: 309 Goodlette Rd S #304 A Naples, FL 34102 REF. r(NV.# 2546 FOLIO # 4817100001 LIEN YUMBER: LEGAL DESCRIPTION: Lot 13, Block 2, GULF SHORES SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 4, Page 50 of the Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on May 18 2004, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS (S255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE INLAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F La:NS/ MSIR LNA Agenda Item No. 13A23 September 14, 2004 Page 32 of 41 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Pretschold, E.H. and Catherine L. DATE: 3474 N 94" St Milwaukee, WI 53222 REF. INV.k 2544 FOLIO it 27588840008 LIEN NUMBER: LEGAL DESCRIPTION: Lot 6, Block Q, Conner's Vanderbilt Beach Estates, Unit No. 2, according to Plat thereof as recorded in Plat Book 3, Page 17, Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on May 28 2004, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you- The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SLMTLAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of One Hundred ($100.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total ofTHREE HUNDRED DOLLARS ($300.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: t.m+y tesrtc tNAL Agenda Item No. 16A23 September 14, 2004 Page 33 of 41 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Fenton, Bonnie L. DATE: 239 Ospreys Landing Unit 206 Naples, FL 34104 REF. INV.# 2543 FOLIO # 36449960005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 1, Block 256, Golden Gate, Unit 7, according to the plat thereof of record in Plat Book 5, Pages 135 through 146, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on May 18 2004, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SLNMAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT- You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS (5255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE ANIOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F L[ENV MSTR LNAL Agenda Item No. 16A23 September 14, 2004 Page 34 of 41 BOARD OF COUNTY CODLIHSSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Faccone, Joseph DATE: 49 Alan Dr, Fairfield. NJ 07004 -1725 REF. INV.# 2534 FOLIO # 36441680008 LIEN NUMBER: LEGAL DESCRIPTION: Lot 15, Block 243, GOLDEN GATE, Unit No. 7, according to the plat thereof, recorded in Plat Book 5, Page 141 of the Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on May 18 2004, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No 99 -51 and served a notice of violation upon you. The nuisance is PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SMflLAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance, whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board Of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TLNIELY PAY THE ADIOUNT SPECIFIED IN THIS NOTICE DAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY F. LIENS MSTR DIAL Agenda Item No. 16x23 September 14, 2004 Page 35 of 41 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Munoz, Margaret DATE: 4049 Estey Avenue Naples, FL 34104 REF. LNV.M 2531 FOLIO M 00440000000 LIEN NUMBER: LEGAL DESCRIPTION: Beginning at the Southeast comer of Lot 31 of Block A of MYRTLE COVE ACRES UNIT NO. l., according to the plat thereof as recorded in Plat Book 3, Page 38, Collier County Public Records, Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on April 20 2004, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (I8) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five (555.00) Dollars plus an administrative cost of Two Hundred (5200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: tm4V xrsra u4nr. Agenda Item No. 16A23 September 14, 2004 Page 36 of 41 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTNIEN —r COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Miranda, Guido DATE: 4538 Bergenline Ave. Union City, NJ 07087 -2734 REF. tNV.# 2528 FOLIO # 36307920006 LIEN NUNIBER: LEGAL DESCRIPTION: Lot 10, Block 191, GOLDEN GATE, Unit No. 6, according to the Plat thereof, as recorded in Plat Book 5, at Pages 124 through 134, inclusive, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on March 1 2004, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: ACCUMULATION OF LITTER ON PROPERTY, APPROX ONE PICKUP LOAD - You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of One Hundred and Fifty ($150.00) Dollars plus an adrrunisuahve cost of Two Hundred ($200.00) dollars for a total of THREE HUNDRED AND FIFTY DOLLARS ($350.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE Ni 1Y RESULT IN ALIEN AGAINST .iLL OF YOUR PROPERTY IN COLLIER COUNTY. F. LIENS/ MM LNAi. Agenda Item No. 16A23 September 14, 2004 Page 37 of 41 BOARD OF COUNTY COi41li IISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Lillian Montes 305 Wells St Immokalee, FL 34142 DATE: REF. INV.# 2517 FOLIO # 081321240005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 21, Block B, Wells Subdivision, a subdivision of Collier County Florida as per plat or map thereof recorded in Plat Book 4, Page 32, in the Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on January 7, 2004, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: WEED OVERGROWTH: PROHIBITED ACCUrvIULATION OF NON - PROTECTED MOWABLE VEGETATION. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five Dollars (555.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a Lotal of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAELURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F. r.IENS/ MM INAL Agenda Item No. 16A23 September 14, 2004 Page 38 of 41 BOARD OF COUNTY COMNHSSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Randolph & Bobbie Anderson 408 S 5 St Immokalee, FL 34142 DATE: REF. INV.# 2518 FOLIO # 00125440008 LIEN NUMBER: LEGAL DESCRIPTION: Commencing at the Southwest corner of the N % of SW % of SE '% of SE V of Section 4, Township 47 South, Range 29 East, Collier County, Florida; thence run North 89125'55" East 30.00 feet to the East right of way line of 5i° Street to the Point of Beginning; thence North 0 °49'35" West 91.36 feet along said right of way line; thence North 89 125'25" East 168.80 feet; thence South 0 °49'35" East 91.34 feet to the South Boundary of the North ''A of SW '/. of SE '/< of SE '/. of Section 4, Township 47 South, Range 29 East; thence South 89°25'55" West along said boundary 168.80 feet to the Point of Beginning. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on March 3, 2004, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF NEEDS, GRASS, OR OTHER SL-*IH,AR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance-, whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty -Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F LIEN& etsrR t vu Agenda Item No. 16A23 September 14, 2004 Page 39 of 41 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Josue and Tercilia Jules DATE: 4690 Parrot Ave. Naples, FL 34104 REF. INV.N 2512 FOLIO N 36127600001 LIEN NUMBER: LEGAL DESCRIPTION: Lot 18, Block 141, of that certain subdivision (mown as GOLDEN GATE, UNIT 4, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court of Collier County, Florida in Plat Book 5, page(s) 114. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on March I, 2004, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two - Hundred ($200.00) dollars for a total of TWO HUNDRED FIFTY FIVE DOLLARS (5255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY, F. UF71s/ MSIR UN! L Agenda item No. 16A23 September 14, 2004 Page 40 of 41 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Josue and Tercilia Jules DATE: 4690 Parrot Ave. Naples, FL 34104 REF_ INV.# 2554 FOLIO # 36127600001 LIEN NUMBER: LEGAL DESCRIPTION: Lot 18, Block 141, of that certain subdivision known as GOLDEN GATE, UNIT 4, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court of Collier County, Florida in Plat Book 5, page(s) 114. You, as the owner(s) of the property above- described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on May 25, 2004, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON_ PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two - Hundred ($200.00) dollars for a total ofTWO HUNDRED FTFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIINIELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: UENSI MSTR W Ar, Agenda Item No. 16A23 September 14, 2004 Page 41 of 41 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Dominguez et al., John R. 74 Ashley SL Bridgeport, CT 66101 DATE: REF. 1NV.# 2521 FOLIO # 36247840000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 8, Block I75, unit 5, Golden Gate, according to the plat thereof recorded in Plat Book 5, Page 122, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on March 16, 2004, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you- The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIAHLAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five (555.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE (5255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County. Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F L[ENS1 MM LNAL Agenda Item No. 16A24 September 14, 2004 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve an agreement between Collier County and the Economic Development Council of Collier County (EDC) for continuation of the Economic Diversification Program and provide a contribution to the EDC of up to $400,000 for fiscal year 2004 -2005. OBJECTIVE: Board of County Commissioners (BCC) approval of the enclosed agreement between Collier County (the "County ") and the EDC, thus continuing the privaWpublic partnership for economic diversification and providing for funding of up to $400,000 for fiscal year 20042005. CONSIDERATIONS: The BCC has tentatively approved the Community Development and Environmental Services Division (CDES) budget that contains an appropriation of $400,000 to continue the public /private partnership between the County and the EDC, known as the Economic Diversification Program. This program was initially established in 1997 and has continued through the current year. The Program's objective is to promote economic development initiatives that diversify the County's economy, create high -wage value -added jobs, and enable all county residents to have meaningful opportunity for upward mobility while improving the diversity and economic stability of Collier County. FISCAL IMPACT: The EDC is committed to providing a minimum of $400,000 as the private sector participation in the Program. The County, through the proposed FY 05 budget appropriation of $411,300 to the Program, is providing General Fund funding through the CDES' Financial Administration and Housing Department's budget. The $400,000 is provided to the EDC for personnel and marketing expenses and the remaining $11,300 is provided for County EDC related expenses. The EDC will be reimbursed up to a maximum of $400,000 for personnel and marketing expenses incurred beginning 1 October 2004, as prescribed in the attached Agreement between the County and the EDC. GROWTH MANAGEMENT IMPACT: This agreement is consistent with the Economic Element of the Collier County Comprehensive Plan. Additionally, the BCC has identified economic diversification as a strategic goal that will serve to strengthen the economic viability of Collier County in the long -term. RECOMMENDATION: That the BCC approve the FY04 -05 agreement between Collier County and the EDC and the related $400,000 funding on the condition that the EDC related portion of CDES's FY04 -05 budget as submitted is approved in the final budget hearings. Agenda Item No 16A2e September 14 . 2004 Paae 2 01 11 COLLIER CO"TY BOARD OF COUNTY COMMISSIONERS Ibm Number 16114 16m BMnmary Recommendation toalapmve an agreement bel— oCd —C—N and Ua Emnom_ Devtlopn,anl COU'rdl of CO— C-11 teO l for —n—on of Ne E<anomic Orve- fidab -o Program acrd provide a con4i IN b Pre EOC of up to 5400.00, ,w fiscal vex 2004 -2005. MNfirg 0a St-2004 9 00 00 AM Prepared By Dan Demon Baker Finan— Adme,SHOU Vny Jirec :w 3r.a.190a ;0: :9.15 Af.r nit - Developmen: S --n— 5erviva Financial Aomin. S Housiny Approved By SinNa Lea Esecuzive Saoetary �a,e _ � ;v o.velpumxrna commm�av D..empm„ra ttal Ser rtal Services r;dmin. 9:14:10pc r� :91 ?n: Approved By Denson Baker Financial Aemm S Houain9 pirecw pars om rritY Developmen;8 mal SerWUZ Financial A—M. l Houain9 1,2 i 994 -A. FN Approved By ..onznnce A. Jlh—n Operalionz Analyzt Dare commpnityDwelppmems m t- oevxplam.nta Environmamal Bervicra Envimmmxn :al services Aemin. af. 5._994 9.36..M Appeoved By Jose C. -Y DevNOpmen,d pM1 <. SCM1mir. EnWronm emd Services Adminarrator Community Development S nun ty Develolmentl al Services En W ronmm:al 5enicea Admire. 9i1En00a 339 PM Approved By Pa; Lalmbard Adrwnistra,rve ASSrs,ant Datz umY Marcy Otficv pfFCe ai Managemznt38uegal 9'JtA Approved By _ Nark lsackson Budget An ,, Dan umY Mana9— ONice ni.. at nt 3 BUdyet 3 ;39 104 9- 1" Approved By .Nicaael Smyl:ewsl:i .aarmyxmem S BuJ9e; Direc-w oa;e Cpunry rdanagers OlFw OHICe M :dana9ement39ue9e: T:20943 17 -M Approved By .,amen v. Nrreu _p9n:r raanayer ea:x Scare of —, CD n,y Na zOffrce Agenda item No. 16A24 September 14, 2004 Page 3 of 11 AGREEMENT THIS AGREEMENT is entered into this day of 2004, by Collier County, Florida, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as the "COUNTY," and the Economic Development Council of Collier County, a Florida not - for -profit corporation, hereinafter referred to as the "EDC." WITNESSETH WHEREAS, the Legislature of the State of Florida, Enterprise Florida, Inc., and the County have determined there is a need to enhance economic activities in the State and Collier County, by retaining, expanding, and attracting high wage jobs through economic diversification and development in order to promote a stronger, more balanced, and stable economy; and WHEREAS, to implement this goal the State Legislature has adopted Chapter 159, Florida Statutes, including the Revenue Bond Act of 1953, the Florida Industrial Development Financing Act, and Industrial Development Authorities, Housing Finance Authorities, and Research and Development Authorities; and WHEREAS, the County now finds and determines that it is in the public interest of the citizens of Collier County to assist the EDC through this Agreement in the EDC's business diversification program to expand the County's tax base, to expand the employment opportunities of the residents of the County, to increase economic mobility for residents and thereby reduce the associated burdens placed on local government and the private sector taxpayers; and WHEREAS, the EDC is a private not - for -profit corporation created by the initiative of the private sector business community for the purpose of retaining, expanding and recruiting high wage jobs for Collier County; and WHEREAS, the EDC performs many business diversification activities which are not performed by the County and which are essential to successful business diversification in Collier County, and WHEREAS, the County recognizes that successful business diversification requires confidentiality with respect to the plans, objectives, criteria, and corporate information of business candidates for retention, expansion, and recruitment and that such confidentiality is in the public interest of the citizens of Collier County; and WHEREAS, the County finds that it is essential to the public interest to have an appropriate accounting of the expenditure of public funds, especially by a non - public agency such as the EDC; and Page 1 of 8 Agenda Item No. 16A24 September 14, 2004 Page 4 of 11 WHEREAS, the Legislature of the State of Florida has recognized in Section 812.081, Florida Statutes, and in other provisions of said statutes, the public interest in maintaining certain confidentiality in the business diversification and development process; and WHEREAS, the County finds the EDC is an especially appropriate entity to facilitate business diversification and development in Collier County which includes providing business candidates with the type of confidential assistance which is essential to successful business diversification and development; and WHEREAS, pursuant to the Florida Industrial Development Financing Act, Part II of Chapter 159, Florida Statutes, the County is permitted to issue Industrial Development Revenue Bonds; and WHEREAS, in connection with the performance of its responsibilities, the Industrial Development Authority (IDA) receives, investigates and reviews applications from various parties seeking issuance of such Bonds; and WHEREAS, the EDC performs certain functions on behalf of the IDA in reviewing, processing and/or presenting such bond applications; providing continuing administration with respect to Bond issues which have been placed; and performing other specified functions; and WHEREAS, it is in the best interest of the County to enter into a contract with the EDC to conduct activities in accordance with the terms and conditions set forth herein; and WHEREAS, the EDC has in the past, and will continue in the future to expend substantial sums from its private sector membership dues to promote economic diversification; and WHEREAS, in Fiscal Year 2002 -03, the business community in Collier County paid approximately $557,577 to the County in occupational license fees; and WHEREAS, the County has appropriated for the County's Fiscal Year 2005 (October 1, 2004 — September 30, 2005), the sum of Four Hundred Thousand and 00 /100 ($400,000), to the EDC, to conduct economic diversification and development activities. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows. ARTICLE 1 a. The County hereby grants to the EDC up to $400,000.00 for the term of the Agreement for the EDC's business diversification and development activities, conducted in cooperation with the County, as described in the Summary Budget Page 2 of 8 Agenda Item No. 16A24 September 14, 2004 Page 5 of 11 attached hereto as Exhibit "A." The EDC shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A," subject to the maximum total amount. Each individual line item may be increased or decreased by up to ten percent (10 %) at the discretion of the EDC. Adjustment in excess of ten percent (10 %) of any line item must be authorized by the County Manager or his designee. The payment of the County's grant shall be made to the EDC in bi- monthly installments, (to be interpreted as twice a month), as expenses are accrued and invoices are received, commencing with the first month of this Agreement. Once said funds are expended, this Agreement will automatically terminate. In no event shall the County pay the EDC more than the appropriated amount of $400,000 during the term of this Agreement. b. The EDC shall, within 30 days following the 18`' bi- monthly installment (to be interpreted as the 9`h month), certify the amount of EDC private funds obtained and written commitments received for funds payable during the pending contract year for the previous nine months. ARTICLE 2 The EDC shall on behalf of the County: a. Establish and maintain staff to process, investigate and review business candidates that will retain, expand and/or create high wage jobs in Collier County. b. Provide business promotion collateral materials and business assistance services to business candidates. C. Use its best efforts to obtain high quality supplies and services for use in the performance of these services at the lowest practical costs and shall expend funds in accordance with the Summary Budget attached hereto as Exhibit "A ". d. Furnish the County Manager with a quarterly narrative progress report on the program and activities described in the Summary Budget attached hereto as Exhibit "A ". Such reports will contain basic statistical information relevant to the economic diversification public /private partnership program and a statement of expenditures made in each budget category and line items identified in the Summary Budget attached hereto as Exhibit "A ". e. Furnish an annual report of expenditures of County funds in such form as the Clerk of Courts will prescribe. This report will be on a fiscal year of October 1 through September 30, and will be due on November 15, of each year. f. Agree that any equipment purchased in accordance with this Agreement will be taken up on an inventory record by the EDC and inventoried at least annually. Upon expiration of the useful life of such equipment, or termination of use by the Page 3 of 8 Agenda Item No. 16A24 September 14, 2004 Page 6 of 11 EDC, whichever is later, such equipment will be returned to the County or disposed of as authorized in writing by the County. All listed equipment must be returned to the County upon termination of this agreement. The EDC shall purchase property insurance coverage to insure all real and personal property covered by this paragraph. Such policy shall name Collier County as a loss payee with respect to the loss of county purchased property. ARTICLE 3 a. The term of this Agreement shall be for a period of one (1) year to begin October 1, 2004, and end on September 30, 2005, unless earlier terminated in accordance with paragraph 2 below. Either party may terminate this Agreement upon one hundred eighty (180) days written notice to the other of its intention to terminate. In the event of termination, the County shall pay for services and costs incurred prior to the date of termination. With regard to the portions of payments made to the Board in excess of the services and costs incurred by the EDC prior to the date of termination, the EDC shall remit to the County all of such excess portions. C. After termination, and except as otherwise directed, the EDC shall: 1. Stop working under the Agreement on the date, and to the extent specified, in the notice of termination. 2. Place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the work under the Agreement as is not terminated. 3. Terminate all orders and subcontracts to the extent that they relate to perfonnance of work that was terminated. 4. Prepare all necessary reports and documents required of the terms of the Agreement up to the date of termination, including the final report due at the end of the program, if any, without reimbursement for services rendered in completing said reports beyond the termination date. 5. The EDC shall give written notice of its intent to renew said Agreement to the Board of County Commissioners no less than one hundred eighty (180) days prior to the expiration of the Agreement, as necessitated by the County budget process. However, the County is under no obligation to renew such Agreement. Page 4 of 8 Agenda Item No. 16A24 September 14, 2004 Page 7 of 11 ARTICLE 4 Waiver by either party of the breach by the other party of any provisions of this Agreement shall not be deemed a waiver of any other or subsequent breaches and shall not be construed to be a modification of the terms of this Agreement. ARTICLE 5 a The parties deem the services to be rendered by the EDC for the County under this Agreement to be personal in nature. The EDC shall not assign any rights or duties under this Agreement to any other party without written permission of the County. If the EDC attempts to assign any rights or duties without prior written permission of the County, this Agreement may be declared void by the County and the EDC thereupon agrees to remit to the County all payments made pursuant to this agreement for the entire term of this Agreement. b. The EDC shall not enter into agreements with subcontractors for any of the work contemplated under this Agreement without first obtaining written approval of the County subject to such conditions and provisions as the County may deem necessary; provided, however, that notwithstanding the foregoing, unless otherwise provided herein, such prior written approval shall not be required for purchase by the EDC of such articles, supplies, equipment, and services which are necessary and incidental to the performance of the work described herein. The requirements of this clause shall not be deemed in any event or manner to provide for the incurrence of any obligation of the County by any actions of the EDC. To the fullest extent permitted by law, the EDC will indemnify and hold harmless the County from and against all claims, damages, losses, and expenses, including reasonable attomey's fees and costs, arising out of or resulting from the performance by the EDC of its responsibilities under this Agreement. d- The EDC is hereby declared by the parties to be an independent contractor for the performance of the economic diversification and development activities and will be responsible for the initiating, maintaining and supervising of all safety precautions and programs necessary in connection with this Agreement. The EDC shall not be considered a public agency as a result of its assumption of the duties described herein. The EDC agrees to comply with all applicable safety laws, ordinances, rules, regulations, standards and lawful order of any public authority having jurisdiction over the matter in question. ARTICLE 6 a. The County shall render payments bi- monthly (to be interpreted as twice a month), commencing October 1, 2004 through September 30, 2005. Page 5 of 8 Agenda Item No. 16A24 September 14, 2004 Page 8 of 11 b. The EDC shall keep orderly and complete records of its financial accounts and financial transactions involving the funds provided to the EDC under this Agreement. The EDC shall open these records to inspection by County personnel at reasonable hours during the entire term of the Agreement. Any person duly authorized by the County shall have full access and the right to examine any of these records during the term of the Agreement and up to three (3) years thereafter. The EDC shall submit annual reports to the County, in form and substance, as prescribed in writing by the County, with regard to the activities of the public /private partnership for economic diversification. C. The EDC shall provide the County with its independent annual audit of the immediately proceeding fiscal year no later than January 31 of each year of this Agreement. Such audit will contain a detailed listing with useful lives, of equipment purchased by County- provided funds as described in Article 2£ The provisions of this paragraph will survive termination of this Agreement as to the fiscal years, or portions thereto during which this Agreement is in effect. ARTICLE 7 The EDC shall not discriminate against any employee or person served under this Agreement on account of race, color, sex, sexual orientation, age, religion, ancestry, national origin, handicap or marital status. ARTICLE 8 All notices required in this Agreement shall be hand delivered or sent by certified mail, return receipt requested, and if sent to the County shall be addressed to: Denton Baker Director of Financial Administration and Housing Community Development and Environmental Services Division Collier County 2800 North Horseshoe Drive Naples, FL 34104 And if sent to the EDC, shall be addressed to: Tammie Nemecek Executive Director Economic Development Council of Collier County 3050 North Horseshoe Drive, Suite 120 Naples, FL 34104 Page 6of8 Agenda Item No. 16A24 September 14, 2004 Page 9 of 11 ARTICLE 9 Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed, by both parties hereto, and attached to the original of this Agreement. ARTICLE 10 The County's performance and obligation to pay under this contract is contingent upon an annual appropriation for its purpose by the Board of County Commissioners. ARTICLE 11 As provided in F.S. 287.132 -133, by entering into this Agreement or performing any work in furtherance hereof, the EDC certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. This notice is required by F.S.287.133 (3)(a). IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth above. ATTEST: Dwight Brock, Clerk of Courts Deputy Clerk Date: TAproved to form d legal sufficiency: Patrick G. White Assistant County Attorney Collier County, Florida Board of County Commissioners By: DONNA FIALA, Chairman (Witnesses and EDC signatory on following page) Page 7of8 WITNESS: Signature Name (Printed) WITNESS: Signature Name (Printed) Agenda Item No. 16A24 September 14, 2004 Page 10 of 11 CONSULTANT: Economic Development Council of Collier County By: Page 8 of 8 Adria Starkey, Chairman EDC Board of Directors Agenda item No. 16A24 September 14, 2004 Page 11 of 11 Exhibit "A" Budget Economic Diversification October 1, 2004 — September 2005 $400,000.00 Administrative Expenses $350,000.00 Including salaries, taxes and benefits Marketing Expenses $50,000.00 Including, but not limited to: Targeted Industry Marketing Campaigns Collateral Publications Equipment Expense Total $400.000.00 Agenda item No. 16A25 September 14, 2004 Page 1 of 21 EXECUTIVE SUMMARY Recommendation to authorize the Chairman to sign a Florida Department of Agriculture and Consumer Services' grant proposal for $12,$55 (of which $6,355 will be reimbursable) to fund a native tree planting demonstration project on the Conservation Collier Visnich property, and to sign a resolution authorizing the Community Development and Environmental Services (CDES) Division Administrator to enter into an Urban and Community Forestry (U &CF) Grant Memorandum of Agreement and a U &CF Grant Maintenance Memorandum of Agreement between Collier County and the Florida Department of Agriculture and Consumer Services upon receipt of the grant award. OBJECTIVE: To have the Board of County Commissioners authorize the Chairman to sign a proposal to receive grant funding from the U &CF Grant Program administered by the Florida Department of Agriculture and Consumer Services to fund a native tree planting demonstration project on Conservation Collier property and to sign a resolution authorizing the CDES Division Administrator to enter into a U &CF Grant Memorandum of Agreement and a U &CF Grant Maintenance Memorandum of Agreement between Collier County and the Florida Department of Agriculture and Consumer Services upon receipt of the grant award. CONSIDERATION: The Florida U &CF Grant Program provides financial assistance to local governments to cost -share enhanced urban and community forestry programs and improve the environment within the State of Florida. This project will demonstrate the importance of invasive exotic vegetation removal, native tree replacement and urban tree preservation. This project will also enhance the natural ecosystem of the Visnich property. Funds received will be used for the purchase and installation of native trees in June 2005. FISCAL IMPACT: The total cost of the project is $12,855. Collier County is requesting $6,355 in reimbursable U &CF Grant Program funds for planting native trees. The County will provide a $6,500 cash match to remove exotic vegetation prior to the native tree planting. The $6,500 County cash match has been incorporated into the proposed FY05 budget request for the Conservation Collier Land Management budget. GROWTH MANAGEMENT IMPACT: This proposal supports Goal G of the Conservation and Coastal Management Element, which states that "the County shall identify, protect, conserve and appropriately use its native vegetative communities and wildlife habitat." RECOMMENDATION: Recommend that the Board of County Commissioners: (1) Authorize the Chairman to sign the attached proposal to receive $6,355 in grant funding from the U &CF Grant Program administered by the Florida Department of Agriculture and Consumer Services to fund a native tree planting demonstration project on Conservation Collier property, (2) Authorize the Chairman to sign the attached resolution authorizing the CDES '� Division Administrator to enter into a U &CF Grant Memorandum of Agreement and Agenda Item No. 16A25 September 14, 2004 Page 2 of 21 a U &CF Grant Maintenance Memorandum of Agreement between Collier County and the Florida Department of Agriculture and Consumer Services upon receipt of the grant award, and (3) Approve any necessary budget amendments. r^ Aa_e.da Item No. 1GA2S September 14 . 2001 Pape 3 0l 21 COLLIER COUNTY HOARD OF COUNTY CO- MISS —ER5 Ibm Number 16A25 18em Summary Recpmmendali0n to auUwze Vv CDarman to sign a Florida D-1- -t W A7-11e and Consumer Services grans pmpOSal W S12 855 (d wbrgt 66.355 will be n'm1WSaWe) to hard a native — panty dena0ns -- w.1— m IPe Cq...... edli.r visrucl+ property, and to sign a resp _ auRmna 9 - COnvnunily Developnwnt and E11.11 —ml s—s Divizir. AMunrsaalpr b — mto w Urban and community FB,—Y (UACFI Gnnl Menronrdunr of Ageemenl and m UBCF Grant Mainbraxe I+Imnaardum al A91 -1.1 between G-1 cowry one Vre Florida DOparM0n1 pl A,-1— and Cmswrer Services upon rxeipl 01 Ue grans award m-ow Dab 911.RDDa 9 rNl:( ANI Prepared By iANrssa He mq Dare _ B.Ea. OOa i.11: ?B PM ,.nvnanmema V ralrs. - Conrmu .Y Deve Environmental sernces arrcb E-1.11 mtal Services Approved By SanCra lea 6omnwnity Developmem En.i.w+mema s.rmeee Eaecuvve accrete 1 Date S mmuniry Developnren:l 9:xi: ?Ow t3:.1 PM 6nwmnm.nnl s.rvias mnrm. Approved By uaHene 3. Food nsn e.ams cnoranarnr Dew /?5:1004 B:x AM Approved By _onsrance A, JOnnsw+ Dpermionz Anays, Dare _amn nifY DeveloPmern> Envi a15er GommVnity DeveroVrnznrl B; ?ry ?.DS 1:00 PM Approved By IYINam D. Lorenz. on+mu ryDZVelopmern8 Env a15er Jr., i.'c. _nvrro�xnen.al Servrcez Director Da:e 'cnvnonmemar Services 004 3:48 PM Approved By J wPlr [. scbmnt C m+munity Developme�n6 a1 Ser Eewronmet,O ®Sev rcez AEmnrz.ra.o. Date mur eve enrS .., _6i_0w �.a_ Pta Approved By �a, i,nnnartl C.Y ManageYZ adn+r�us.rauvz ..sa�s.an� Da:e ONCe OHi<e of :aanagemmtS3ueye: bi?>� ?00310:1. A. Approved By ...ark B.-- ' my -fi ani9er'z Sedge; Analy, Dare Otlice •JHice of ;.ranage�+enf3ourine- - Appreved By .. iznael —y —kr .]Y.ice of :Aanagemzrp :. 3uaye; .4:31: ?Opi x:Ob AIA Approved By Agenda Item No_ 16A25 September 14, 2004 Page 4 of 21 RESOLUTION NO. 2004- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS IN SUPPORT OF AN INVASIVE EXOTIC TREE REMOVAL AND NATIVE TREE PLANTING PROJECT AND AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY. WHEREAS, invasive exotic vegetation poses a serious threat to the unique ecosystems of Collier County; and WHEREAS, native trees are an important part of the unique ecosystems of Collier County; and WHEREAS, Collier County desires to make the public aware of the threat from invasive exotic vegetation and the importance of native vegetation; and WHEREAS, Collier County desires to apply for an Urban and Community Forestry Grant which would provide monies to remove invasive exotic trees, plant native trees and erect educational signs in the Visnich property, a Conservation Collier preserve northeast of Veterans Community Park; and WHEREAS, Collier County wishes to enter into an Urban and Community Forestry Grant Memorandum of Agreement and an Urban and Community Forestry Grant Maintenance Memorandum of Agreement between Collier County_ and the Florida Department of Agriculture and Consumer Services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that 1. Collier County supports the implementation of a demonstration project where invasive exotic trees will be removed and native plants will be planted; and 2. The Board of County Commissioners authorizes the Community Development and Environmental Services Division Administrator to enter into an Urban and Community Forestry Grant Memorandum of Agreement and an Urban and Community Forestry Grant Maintenance Memorandum of Agreement between Collier County, Florida and the Florida Department of Agriculture and Consumer Services. This Resolution adopted after motion, second and majority vote this day of 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney By: DONNA FIALA CHAIRMAN Agenda item No. 16A25 September 14, 2004 Page 5 of 21 SUBMIT PROPOSAL TO: STATE OF FLORIDA Florida Departrnini t of Agriculture and Consumer Services 407 South Calhoun Street - Mayo Building, Room S13-7 REQUEST FOR PROPOSAL Tallahassee, FL 32399 -0800 CONTRACTUAL SERVICES Telephone Number: (850)488 -7552 ' Bidder Acknowledgment Page t of PROPOSALS WILL BE OPENED 'September 21, 2004 @ 2:30 PM PROPOSAL NO. 64 pages and may not be withdrawn wtlhin days after such date and time. RFPIDF- 04/05 -02 AGENCY MAILING DATE:. PROPOSAL TITLE: NATIOINAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM 07818004 STATE PURCHASING SUBSYSTEM (SPURS) VENDOR NUMBER 59- 6000558 VENDOR NAME Collier County Government REASON FOR NO PROPOSAL Demonstration Tree Planting VENDOR MAILING ADDRESS 3301 East Tamiami Trail Project CITY - STATE - ZIP POSTING OF BID TABULATIONS Naples FL 3 4112 too atioon where ee� were recommended Ope d sand -M postoo TThe°a p:naoe Failure o at ; protest weye� ehe time Pnsawed 1n Section 170.57(2). or frrure m post the lord or Other security rogkw,wod 120 FIOeSOS stasvl�ri Posting i e�i a bond sad �suluso a waMr or proceedings under AREA CODE PHONE NUMBER 7 3 2 — 2 5 0 FREE NUMBER 10112/2004 IbrtirythN », Prgooaatdm, d ..rP+aRpdwundeRgndLnD.+pro«n«+e orearteeeionwln,�ycorporation - amt wPersah su0rrrsirtp a ProDOaal b se same 1120106 1". SUAP", or eauiOrrruK and s w asnspeaa I., and w+Wrouf mNnion w taus I apse b .bide by as co.06.., Of this Pro~ and any put l am ,urratrd,o,m'qearwF, rtrand, nitrtn. Fr000. ,r,ndnare,.rProvnsr�:emmpaana�«r ReCVnf brPropoeal ^du6rq kurrxs ineTM a1< GrEarJBOrr re{tieheets. !A wrOnimrq s b AUTHORIZED SIGNATURE (MANUAL.) a1"e M ag'arKy br tnE Stste oI Florida. M Prppoter OSea rw aprNS SIN 7 the Pu6PO+ats Prgooier.aoor,wey: sue assign a Mmtt/er b Ors stal& elFbrida a rgbet (Ate and iuenesfw arw m a6 Donna F i a l a, c h a i r m a n eau,., of seam t may new a nereaber acquw tenor are ,4» -o,ue law, a ". u+?.d sue, one p+. seats°fFin'tall°'°"`a'b'" per.°"° to°".°" x" t' r°°""' w6ei " °'.rvictnp"en„'daac'°"radp)' AUTHORLZ D SIGNATURE (TYPED) TITLE sbriG. Ar t+e care's m. sr+l& a► aietrssolt. ,tx:n usipnmert shnaS M ,new awn0 beasne erheev6 ,r n. one the A/ena�Y �y ihMpers MW payment m "• P opo,r. C o 11 i e r. County Board o f Count y Commissioners GENERAL CONDITIONS SEALED PROPOSALS: AN proposal sheets Ed fit odginatadrnoWedgmenttam roust be (d) INVOICING AND PAYMENT: TM contractor often be paid upon submission aeouled and submdted in a seated on .How. (Do NOT t1CLUDE MORE THAN ONE PROPOSAL of properly, Conrad 4woieas l& to purcnas.r at the prices stipulated on the contract PER ENVELOPE.) The lace Of the envam. stroll contain. N is"O.n to Yte above address. M data at 0he; Wee the order is paced. eter deivary and acceptance of goods. less dedue6w4 End *00of000MPOSalDPWWV End Mpropose! number. PropooalpACasnol submitted anon, d tf arj�, as provided. invoices aMt! contain the contract number, purchase order PMOSat Price ~is whom rowind shall be ejected. AN proposals pro sugaa to to oor�aons nu er and the eontraelor'a SPURS vendor number. An original and three opeciemd herein. Those which do not am oply with these conditions are eh4od to rejection. (2) cc &a of Pry invoice shelf be subahided.The Moral payment shag not be maw wo aMr tin 1. EXECUTION OF PROPOSAL: Proposatmuu contain a manual signatweat immorWd Comret is complete 10116111 tin State Ms agreed odnrwWo. Ywoites Par Nea or other comoema iGn br so,wieas or asoms" suemtted in accordance with aw rates at or tebw . P1 SO alive in ml& space provided above- Proposal awru be typo or prkted in bit. Use of those sreciled in SOCSans 1112.041 and 217.058. F.S.AITEREST PENALTiES: Payment Erasable Im is not Whined. At corrections made by Proposer to he proposal price none be iniliahEd. The Company nerve and SPURS wonder number Eha1 appear an each on* of lee bid shall be made In accordance with $action 215.422. F.S.. which states the comiractoes rights and oho State agency s rtrsPonsibitities concerning Ntenest as nquked. Complete ordering instructions mot be Subrrited with M prepos.t. if you we not s ngiaterddwendawiltMd6P> h1o« daManagerneneServieea p«ygss and lima imdy be payment of invoices_ VENDOR RESPONSE SYSTEM: To rues .00ntaeiSUaPtasnaaina Esillsnado way. Suit 3E0. TalYwseo. FL 32304M (M 487-4626 immediately. an bnnse6ve Vaea Response Spain br we doi payment kkgtrX. Vasdars way W (M) 413-IM b.twsn 7 era and 6 pat. Monday (tough Friday b cheek on" sobs otpaym vets 2 NO PROPOSAL SUBMITTED: S not sutkratting a proposer, respon0 b7 nitrnk+g by Sate +gems The Writer Can'aaw"oau' English and Spanish +peaking Cates. only rapow�b mar" q'NOPRO h nMnamni wo oweprowldW above. Falnbmspondbapnoar .mrNsokkad on Wo, pwNgjw611sb1e VENOOa OMRVD$MAit vendors prodding gpoaa and serwkes m n agEhxT slhouM M nree debkwg5metarna Lucon0nagwngrbas&am M and soil - mason ornwn meawoet esuponS oramefromIbmiwwnde6rnad One goods EM 611"Cn. unifts go bid VOCAationa. purdmpo orawor bsra speailss oteni�aMagenryMs2pdaysmdewrangwutarpsymenelwoudhe�mtoeDepartnent bleandvalid uselor nasauWe and card shat M CsuM br nrmwvM W to sttppiKs name from M pnepdsat mailing fist. NOTE: To Quality as a rospaheent PrOPOer must submit a'NO PROPOSAL'. and 6 rtwRt e f �0 wd POMACE. The 20 or" we measured from the tatter of sit date the I vatce in be semi' a tstw tn the stated Propos opening data and how. a received a ws Sh4 in goods y sf. n s stseservservices aa aim n received. inspected hse e a sDot ro ve d pM op a w payment is m 3. PROPOSAL OPENING: Shit be Pubic. on the date, baton sea the tine :peaked on 35 -03 FS_ will be duo and payable. N sodium to the invoice ana,ni, to ON wedge. To obtain twsduww40pm6Mlbrm.( ts the propossesrapawbiayto assure ttstiispraposaiiideWred the AMIabMintans:ge. CadC:" agoncYPwCMSingotin . The iruestpenshypovWfat at me prow limo and Place of To proposa' opening. PropoWS which for any reason an not an aDW s iP,er a >S ear tore pMCd m MMT an teroviders. n de&he0 by Mw kmepl penaWs delivered. will not be Considered. Offers by telegram or 161*0hone an not acceptable. A proposal N less Can WE (1) dollar wig not be edaced unless am weMr requests paymong. bwoicas nay not bo shred altwopeningof price proposals. NOTE: Proposal WhyL bons will be ltwnislad which have b be rowned m a vendor becawe or verdor preparation more wi ns a in a upon written ro4uW wbt.n Enclosed, eat addressed, stamped envelope and payment of a "in Cho p eymnt. The k nvoicepsymantrpuiemtintado net mama apr6portf - so predetermined ism. Proposal Res my be examined during normsi workingbarrs by appoi snot i+wa ca is 0 - 'Aso b M agency. A Vendor Ombudsman lin been an0lshea ritlin ter Proposal ntabadata» will not be; by /dmphorw OepeSamtof Ba" and FwaraL The autos d the k+d+viduftinckraa adtYg men adwoate 4. PRICES. TERMS AND PAYMENT: Fam prices attar be proposed and imtnrdo all of e agency. Th who dal M aap6da so be , ,eta i! obl P501 4811-29 payees calling 6o from a state ~ Ma P501 4811-2924 revviiew by hand senrltxrs rehdix d m tin purchaser Co n Hoffint. 14100is1.11 Pwndmaalkv (a) TAXES: The 5106 Of Fbrid6 does not pay Federal Excise End Sass taxes on dkea �'m�a nowi aym miL and unteas ten is a boa We ispute. State Purehniftom r.knwriahg ftaw s,*0 Consict supplier b Riga and return Purchase- I purchases of services. See tax exemption numMr on face Of pWthaeg adec Tern a amserp66n tlDasn6t aoPrybvuwafr5 a>ervhus nrE p«t +bmw olm rum bomaa agency wel mach ilmen ss epesrcanPimswih te prOvh*W of3eWa21S12LFA for M Wwowgment of vats-owned rest property as defined in Cnaplr 132. F. i (e) ANNUAL APPROPRIATIONS: The state ornorideSpMamennndoecgatmto (b) DISCOUNTS: cask discounts for prompt payment shah not be considered Pay under %a contract 's *M upon an annual eppopdatiam by the Legislature. in detemvwp the b-est net cast for proposal evaluation purposes. S. CON FLICT OF - INTEREST: no award hereunder is subject to tht provsiera at Chapter (e) MISTAKES: Propose: are expected to examine the mnaitiars, scope of work pnposm 112. F.S. PreposeR mute 6acba wdth the r OrdDOSaI 111E name of any ot+CEl a' — groomed prices. Extensions. nd s1 instructions perwing to the services invoMed. Pak" 10 do so will w at t+e pnvoaeh risk tkvl Prices bid olio poem in award. who is also n mr~* of the still& of Florida, or any of its ageneiq. F~ me propagate must disclose el& rums of any Stag Employ" wow owns. directly w indaecdIt On irnarEStd eve s%) a non in to proposers liven or aver 614 braraw. In accordance with Ctuptr 267. M rw 08run or corn romp. n a tbrwaa flat has hal been PsOaaed Pungent to Sectors 287.057(2) or (3). F.S.. b Pa! m a baslbr$y study of the pow" Implementation of a 14bae0hMnl COftram partapptine in M drafmo eta request fur proposals. or dealow o program fur frrbn6 implementation shat be sigble to con:raa w th to mom kcy for any antracte having with tat species w4odmaigr: and proposes must disebsmwa t womposm any such ommateriwnsl 9. AWARDS: As eu best imsrat of ra Sirs rRay naquve. the eght y reserved to raiact a+ty and a paooaala a Waive any ert«irragueptS or in wapasars receive. ►r'aPOSera an f:a Awwd b Ryke no sattertpebna ~a Mir Proposal he$ assn tvaWsfte F� ss0uor+rva Ail arsrda raids as a ttuA at eia propo,at asap op,�ym 10 40ouble INTERPRETATIONS! DISPUTES: Any embons cwwarning cendttions and SOOOkOWN Shoe b• 6racle» wdMq b ittis Oltoe t «recipl tae b1r scan Iota 110) says opw-V. bwpArkm °cure rs%mAto Ike loos di bid OP«wq and bid #%~. No irttrproabn shat be tansidwed bi§&V teiess PrwWtd n rAtirp by re slate of FWW& n resod ea b reputsts w &A rnmpianoe wits I" Preaion, Any Person who IS aaversaly alhetad by a sae# Peeebaing dedabn Or Mended decision rxnerhirq ■ P avow nerd swouton br cdnt7Raward andwhOwaMa b p ftU &xh dadafoe a►iall hd a-Wwn Mal Ile aprofesl netav t X28,110. FbfidaAdry* iepaity Cott. FNwa b tae a protest with Ora grey prasalpad n Seaton 120.8)13), F.S.OrbAn to pest a ! baon"d deer saauAlYregtrire byb.nrMtit M Mae etbwad for ling a bond ahai OorytieYb Pmuednpa WVW OWW 120. F.S. NOTICE OF 810 PROTEST BONDING REQUIREMENT. Any paraan who *@a am so" "Osft • dadsion «idartded decision owtainiq b oontraW O Purchasing «a Sate agar" gm rg as Seddon 12QdT17). F. t. shea proaP Or wahn the 1� r re Stay apaney at 9t' Mho Of MV ate bw$M wow day prod -- bt an Me b~ as No probsL a bred Payable b the Sate ►wdnaaing w the StaN b9ency M an &mevnl equal b 1Percentot Stl" Pur cites " «Softa;wWs soma, &r, tots, wake" ofu eontad« 58.000. - NCMvsr it IN& whits bond MA be -1 0-1erted upon M Payment d at OOW v*kh may be sdiudged aptnst lim i1 M adRiNitblra ho&Lq is tvfitNl M seien IS brotght srtd w any subse0uene sposasta Wk#t prows&& Fa PC" el fed"" or itterde deations of Sate PWys;rg panai ing is agrw w taquesn br spprwr of eaCepaonal wwc ases. sly Ivory Std be in rw smo nI equal b 1 pareem OtM rygn" +gtrtera estirnata o/ Ike oontaa antowte t« Ike ectgland pwdtaas rowns p orS&OK whirNtever is NOW In flu of a pry State Pwgysing or ft Sew agwq mby, n aAhw Casa. &=W a cso'Wa d" «aw"Ord« in M atnaay CO tae bond. FAILURE TO FILE THE PROPER BONO AT THE REOMEO TIME WILL RESULT IN A DENIAL OF THE PROTESL GOVERNMENTAL RESTRICTIONS: in the acent s^y go rtntmrmp reabltt tons may be ittpeaad which Wald nsoeauate aeration of ra e e%" quality al ft "NiCOs on «e on this proposal b their txwoewn. it aka be sy rsspaa D of IM waassu proposer b "Ofily ft Purekssar al Cup. k"kA ing in his Saar the speciie "gAnfion whkh required sn alteretiorn, iMuOing sty price eciuumann ootaaiortad a+areay. «b ertcal cite th contract at no kn« esoerye b Me Stet'. Agenda Item No. 16A25 September 14, 2004 Page 6 of 21 10. DEFAULT: Fasces b oar'orm acmo tag b ltsa preoosat artdtw nsutnrq obntrad ?had a tav%4 rOryourarm b be l%und a dalava N wjw0 avant any and a reDrtxwerRenl costs r dt«geO against YOW Atm. Any vWstiora of Bust stioutations taco also ta �Y a) CentraebrS Ram* paint' removed &am State Purchasing vse *toy Mailingnryt, Ol a Stara ag«+ ' being advistd rot b do buiryss wdh Zia Oast WW Wie wprty* at State Puramsow MA ""Ron 11. LEGAL REQUIREMENTS: Apo icame wftwwu of am Fadask SWA, "" and bell laws: ",of M Ordi nances, hlea. and ragutsbMs Matt W4 avakratbn of ai proposals received in response here&* and she govern any and M Winn vanse M and $ FsnQ�t between parsan(sI submitting s ppppay her � hr gvagh 4 oNare. Onptoyees and out wized rapra#anadwa. « c Pwm% r'Dkvm «odttntist: Md ietlt of tnowadge by stay proPaaar"not ConsMUta a sganst the algal dead swea 12. ADVERTISING: in wens eng a poposat, pr opus« a�raas MUM we ptanwRa at«#horn as a W. of any Cor"Mst m advwuir 13. ASSIGNMENT :Arttrtrtacnasaprdw4su" unuw"iog"MgLmofbrpmpsar y�� Mmes which may beeoma dw hMunder we not assigrmwe excW eiltt etc Prior wrtasn approval purchasar. 14. LIABILITY: On stay onrW= mu,6ro k m 9is pro, , of the PrOPOSer shalt Stew and aays the Stan atFlorlda, Its oRcere, ag«da, and tmpbye" titaness against dakn by chid Perdu rc WM aontradAes breach of %No cw*lkt e ra ewwaeb/s wagegwt c This not +poly b omwisoa belwom govenwnenw sgonci a. iS. FACILITIES: The State toaarvaa ate A¢nt to Insbact the Pmooseen tx&ty at ant time with prior notice. 16. CANCELLATION: The $ea Mat kave cite eight of LVdateral canaepsaoh br rsk W by rs contrat:tot to blow pubic access he as donaRants. papers. kawl. or DOW material b the proviaiona of Chbpbr 7t9. F.S.. W mace or received by Me oantracl« in with et' cpWam . 17. PUBLIC RECORDS: Any hwwi&l subn,imed in response b ris Request brpnoosat WAI becr^t a pubic dOmtRwd pwaua*4 b Section 119.0?, F.S. YNS °dudes raattnal whidt the resOw"irq I "'am tight COnSider to be conlfd"At «s tads secret aoadentia6fyie waive upon ftel iraien, defecaw an« AM +aim of opertitg w" to Secion i l9At.F,i. MIYANO ALL SPECIAL NOTE. SHEET AND THE ACCOMPANYING 810 SPECIFICATIONS AN ATTACHED FROM THE SIDOER.IFAMY OR ALL PARTSCONO AR SHALL ACCEPTED By THE � OF THIS FLORIDA. AN AUTHORIZED REPRESENTATIVE OF THE AGENCY SHALL AFFIX HIS SIGNATURE HERETO. AND THIS SHALL THEN CONSTITUTE THE WRITTEN AGREEMENT BETWEEN PARTIES. THE CONDITIONS OF THIS FORM BECOME A PART OF THE WRITTEN AGREEMENT BETWEEN THE PARTIES. STATE OF FLORIDA, DEPARTMENT OF: BY: w..rvrr.ary.vy C x*iid Number wr • Effective 'VUR 7033 Rev. 811198 BID NUMBER: RFPIDF- 04105 -02 v �aa At CRMkLES H. BMNSON cot-IMSSIONER Agenda Item No. 16A25 0 September 14, 2004 Page 7of OPENING DATE: SEPTEMBER 21, 2004 a 2:30 PM ATTACHMENT B Florida Department of Agricutture and Consumer Services Bureau of General Services DRUG -FREE WORKPLACE PROGRAM - BIDDER CERTIFICATION IDENTICAL. TIE BIDS - Preference shall be given to businesses with drug- free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shah: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1) 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement. I certify that this firm complies fully with the above requirements. DACS -01218 10/00 VENDOR'S SIGNATURE Donna Fiala, Chairman Collier County Board of County Commissioners 29 VENDOR'S SIGNATURE Donna Fiala, Chairman Collier County Board of County Commissioners Agenda Item No. 16A25 September 14, 2004 Page 8 of 21 BID NUMBER: RFPIDF- 04105 -02 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM ATTACHMENT C Page 1 of 2 CERTIFICATIONS REGARDING LO88YING; DEBAR.MENT.SUSPENSION AND OTHER RES POIj 31 BILITY MATTERS; AND O RUG -FREE WORKPLACE REQUIREMENTS Applicants shmid rotor 10 tha regal Ions atod balow b tlotamano the artAcalm bw1Ych they are raguired to attest- Applicants should also review the instructions for bN colion indudW in the rprdatcns bakss owlp tg this fort Signature d Nis tam provides for =WW" with arWaAon requirotronts under 34 CFR Pad It 'New Restrictions on Lobbying: and 34 CFR Part SS. Govern ent-wida Debarment and Suspens ion (Nonprocaraany and Gawnmant -wi0e Raquironnot s for Dn*Fros %,Ax glad (Grants)' The osnatr2t)ons shah ba treated as a rng" l rapresarnation d fact upon whidt reianoa wo be paced Worn the Oaparunant of Eduction detemrines b award the mvetod transaction. grantor maperaliw 97wnutl 1. LOBBYING As required by Section 1352. TWO 31 d the US. Code. and IrrplanrrKed at 34 CFR Part 82.1or persons entering inb a grant or oocpenhive agreement over S too.000, as darwod at 34 CFR Part 82. Saarms 82.105 and 82.110. Na appecaN arwies Shat; (a) No Federal appropriated funds have been paid or will be pall, by or an botu8 d the undersignad, b any Pwscn for bi UWKN g a ecempbng to tnfluonce an onicar a ortpuoyes of any agency, a kle"or U Congress, an officer or ornployeo of Congress, or an employee of a Mornbor d Congress in r> NMOM wth the mat-ring d any Federal gran, the among Ito d any moPWANo awsorrert, and the extension. avtimr abon. renewal. anrrdrnarn, or nodttoation d any Fodaal grant or ax"peral" agreemart: (b) Y any hods alien than Federal appropriatad fads haw been Paid or will be paid to any person for iMwnmtg at atnonTkng b intbionce an otneer or onT"o of any agency, a Atwnbw d Congress. sun oQoor or ormnpbyee of Congress. or an errpoyee of a Mambm of Congress In mrnacim with oils Federal grant or cooperative agrearnet- the undersoted shell c0rrpwla and subnri Stxdxd Forth - LLL. Vaaosura Form b Report Lobbying: in ataxdance with Is instructions: (c) The undersigned shalt require that the tanguago of this anillcatim be Inducted in the award docurrwMs for as subawards at an ties (rndutlag uibgrants, contracts under grits and cooperative agrowrrorns, and subcontracts) and that 01 SubtedPiwtS shaa Canty and 03CIMe DOWFaingfy 2. DEBARMENT, SUSPENSION. AND OTHER RESPONSIBILITY MATTERS As required by Exacubve Order 12548. Debumarn and Swponsion, and imponented at 34 CFR Part SS, kx prospeo live PartidpNU in prinnry mvered transactions, as donned al 34 CFR Pal 85. Sections 85.105 end 85.110— A. The applicant cartillas that it and its principals (a) Are nil pro sently debarred. suspended, proposed b dobanmenl declared nerigib le. or vcitatanly excluded part ooveed trusactions by any Foder l department or agency, (b) Havo not within a three-year Period preceding this apptka. lion boon uxa 4dod Of or had a civil judgernent tendered agaWt than for donirfsstm of fraud a s atrinal oQau• in mnmclion with obtak". adontpttg b obtain. or portrnIng a pubic (Fadmat. State. or beg transaction or eortrad under a public ttansadion: violation of Federal or State antirvsi statutes or omptssim of wnboutemet. Nall, forgery. bnbory, hbaka>ion or destruction of roaceds. malting bud statements. or racohnng stolen proporty; r- (c) M not pesontly Indicted for or dMrwiss akr*"y or day charged by a giverrnnnlal entity (Federal. State. or local) wM commission d any d the offenses emossrated in paragraph (2)(C) d INS OVIAlation; NO (d) Have na wont a nvaa•yi ar Period prose" this applicMiaw had one or acre Pubic transaction (Federal. State, a local) torninaled for rsusa or delaull and B. Where the applicant Is unable b conq to any of 8e stale. . rroNs in this corbhatat he or she shad saadn on expranabw In the sppnttalcn. 3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN IND(YtdUALS) As required by Qe Dr g•Frae Workplace Ad of 1988, and irylomanted at 34 CFR Pan 8S. Support F. for grantees, as defned at 34 CFR Part SS. Sections 85 80S ed SS 810 . A. The spriort oerlAiss that It vol or will continue to provide a dwree workplace by- (a) A+bbbing a sWemat notd -pV employees Brat de unlawful nwVaduro. distribution. disponsing. possession. at we of a ox*c d substance is prohibited in the grantee's workplace and speOTyitg On actions Nat will be taken against artpbyoes for violation d wilt protubbon; (b) EstalAshing an cnlwv dig -trey awareness programt0 storm employees abaA (1) The dangers ddrug abuse in the wcrkplaa; (2) The gravels policy of mdnuinklg a drtg-rroe workplace: (3) Any avaaabp drug axmoring. rohabIatallon, and orrpoyoe assistance programs: ant (4) The penalties that rnsy be krpaed upon employees fa drug abuse violations ocaxn8g in No workpace. (d Malang n a ragtdrar ent that each enl yae to be engaged in the peftn ana of Se grant be gMn a copy of rte statement required by Prap s (a): (d) Aktilyuy 0e employee In the sWernant required by pee - graph (a) Brat, as a condition of ontployrrert under the gram, the employee wx (1) Abide by Ne tams of the sW ement; and (2) NoVy the ompoyer in wriling d his a her convIdbn for a vclalion of a airrinat drug staluto occurring in the wvtVace no Igor than aw calendar days after such c mActkmx 30 BID NUMBER: RFPIDF -04105.02 Agenda Item No. 16A25 0 September 14, 2004 Page 9of21 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM (a) Notifft Use agency. in writing. %VIM 10 Calendar days IA* receiving notice under subparagraph (dx2) from an WTVAayee or Wwwise recewing actual notice d suds Wnvldon. ENVOYera d wtwkud enpoyees rtusl provide nolia. Including Posit" Wis. lo: Dirow. Grants Policy and Oversight SW. U.S. Deped. rrwnt d Education, 400 Mar)Aard Avenue. S.W. (Room 2652. GSA Rogonal Omoe Bubding No. 3). W asturgl0rt. DC 20202• 4248. Notice shag include the berYidcabon nurnbw(s) of each artaded grant; ag notice under paragraph (Ma). With n�esped to WV employee who Is so Convicted; (1) Taonp appropriate panemal union against such am err► ploy". up to am endtrdag tammabon. comtstent Wsth the requierneds d the Rehabilii.Mbn Act d 1913. as anrnded. Or (2) Requiring such empk)lee 10 participate saUsfact IY In a drag abuse assistance or rehsbmla0on program approved lor such Purposes by a Federal. State, or bmi heaRh. law enlacernant. or ctnar appropnate agency.. (g) Matdng a goal faazn ~ to oo(inus io rn*un a drug.frae vxx"cs through irperrwotation of paragraphs (a). (b). (c). (d). (*). and M. B. The gran(*& may insert in the sPece Frov'004 below One sda(s) for the porramnnce or worts Bona in acnnadion with the spodflc INS: Plana of Performance (Su&ot address. CAY. County. state. tip Dods) Check ( I Y there are workplaces on N* that we not Identilled here. Page 2 of 2 e DRUG-FREE WORKPLACE (GRANTEE! WHO ARE WOMIDUALS) As required by Brae DA0*16e Wakpaca Act d 1888. and IrVernsntad at 34 CFR Part 85. Subpart F. lot grantees, as cl~ at 34 CFR Pad 85. Sadxxu 85.605 and IS.a 10- A. As s cons on d the granL I cartiy Ihsd I will not engage in the uNawfut nunulactwe. disul0ulon, disperairg. possession. or use of a oorutotad substance in mroxwV any acWtj With me grand. and B. 8 corMdad of a r WWW drag a6ense resuarg from a vwaf on ocomwV dump lime aondud d say grant adMty. I wib Capon the Convection. in wrung. wiurn 10 calendar 03Ys d the 2rwkwN la. Ovocicr. Giants Policy and Ovwsight Stall. Depanmrrn d Education. 400 Maryland Avenue, S.W. (Rocco 3652. GSA Raponat 0111W Stu" NO. 3). Wastsrgton. DC 20202.4218. Notice shat include Me idetgiftcaticn nurnber(s) of each affected grant. As the duty wAhorized rWasontative of the applicant. 1 hw*bY Certify that the applicant will OW" with dims above eartibcalons. NAME OF APPLICANT PRPAWARD NUMBER AND I OR PROJECT NAM Collier County Government RFP /DF- 04/05 -02 IPRJWED AND TITLE OF AUTHORIZED REPRESENTATNE Donna Fiala, Chairman Collier County Board of County ED 80-0013 31 DATE 12198 • Agenda Item No. 16A25 September 14, 2004 Page 10 of 21 BID NUMBER: RFP /DF- 04/05 -02 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM .ATTACHMENT D r STATE OF FLORIDA DEPARTIIENT.OFF AGRICULTURE AND CONSUMER SERVICES CO`'FLICT OF INTEREST STATEMENT I, Donna Fiala as authorized representative of Collier County Government certify that no member of this firm nor any person having interest in this firm has been awarded a contract by the Department of Agriculture and Consumer Services on a non - competitive basis to: (1) develop this Invitation To Bid (ITB) or Request for Proposal (RFP); (2) perform a feasibility study concerning the scope of work contained in this ITB/RFP; (3) develop a program similar to what is contained in this 1TB/RFP. Authorized Representative Chairman, Collier County Board of County Commissioners Date RFP /DF- 04/05 -02 Bid Number 32 • Agenda Item 16 September r 14, 2004 004 Page 11 of 21 BID NUMBER: RFPIDF- 04105 -02 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM ATTACHMENT E FLORIDA URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM 2004 GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you are applying. The proposal packet must not-exceed thirty (30) one sided pages, including attachments. All attachments must be 8 1/2" X 41 ", except any attached sketches, plans and maps which must be no larger than X X X and folded into 8 1/2" X 11 ". Six (6) copies (one copy with original signatures and (5) five copies) of the proposal packet including the proposal form, the project description and all attachments must be received no later than 2:30 p.m., September 21, 2004 at: Department of Agriculture and Consumer Services Purchasing Office - U &CF - 2004 PROPOSAL Mayo Building - Room SB -8 Tallahassee, FL 32399 -0800 Telephone (850) 488 -7552 If you have any questions, please see ATTACHMENT K. "Division of Forestry District/Center Contacts" PROPOSER INFORMATION (Please Print or Type) Project Title: Visnich Native Tree Planting Pro'ect Proposer Name: Collier County Government Melissa Hennig, Environmental Specialist Name and Title of Contact Person: . Address: 2800 North Horseshoe Drive- Na_nt P- Zip: 34104 Phone: Is your organization a Nonprofit corporation pursuant to Chapter 617, Florida Statutes? Yes - x x - No FEID Number 59 -6 As the duly authorized representative of the Proposer named above, I hereby certify that all parts of the proposal and required grant information have been read and understood and that all information submitted herein is true and correct. Authorized Executive Officer. Donna Fiala Title: Chairman, Collier County Board of County Commissioners Signature: Date: 33 r- • Agenda Item No. 16A25 September 14, 2004 Page 12 of 21 BID NUMBER: RFPIDF- 04105.02 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM ATTACHMENT E (CONTINUED) GRANT PROGRAM INFORMATION Specify Category 1, 2, 3, 4, OR 5 and designate the applicable'subcategory ( "General Information"). Category: #2 Demonstration or 'Site Specific Projects Sub - Category: A. Demonstration tree /palm planting projects on Public Property SUMMARY OF COSTS (A 50150 match on behalf of the proposer is required). Requested Grant $ Local Match $ I II Contractual costs -0- tb _ 500 Personnel costs -n_ -n_ Travel costs -n- Equipment costs Supplies costs _ _ -0_ Operating costs - - _0_ Tree costs $6,355 -0- Overhead costs -0- -0- Total Requested Grant (1) $ Total Matching Costs (11) $ Total Program Costs (111) $ $6,355 -0- 12,855 100% $ 6,500 -0- Add columns I and 11 for total 111 (100 %) 49 % Grant request 51 %Local match A budget, detailing all costs Identified above must be attached PROJECT LOCATION INFORMATION (Please Print or Type) (Complete where applicable) This project Is for Population Zone 1, 28 or statewide (circle one). Please see ATTACHMENT K to determine the applicable region. County Collier Describe the Specific Location of the Project: S 26, R 25E, T 48S. The proper t y is located south ofImmokalee Rd. on the east side of Veterans Park Dr. in Collier County, Florida. Who has Maintenance Responsibility for the Property (Category 2 Grants)? Collier County GnvPrnmPnt Is the Land Ownership Public or Private ?: P u b 1 i c Name of Landowner. Collier County Government Project Title: Visnich Native Tree Planting Project Proposer Name: Melissa Hennig r! 34 _ - r s,:t .� °•�t �? item No 'tb� • BID NUMBER: RFPJDF- 04105 -02 OPENING DATE: SEPTEMBER 21, 2004 ;. ATTACHMENT E (CONTINUED) ' PROJECT DESCRIPTION Grant Proposal Urban and ComMW* Fm" Visnich Native Tree Planting Project Collier County Government Collier County is located in Southwest Florida and has experienced very rapid growth in the last -ten years. Most of the new residents come from `up ngrtW-And Are. unaware of the " unique circumstances of Southwest Florida's environment. Invasive exotic plants and the problems they pose for the natural sygtims.in Collier County a e not readily apparent to our new residents, nor are the benefits,of native punt landscaping. The purpose of this proposa�, therefore; is to create a demonstration pi lj c within the Visnich property, an urban preserve area, which will exemplify the benefits of invasive exotic vegetation removal and subsequent native plant replacement. Thb project will emphasize the importance of replacing cleared invasive exotic vegetation with native vegetation so that more invasive plants will not become established and new native wildlife habitat will be created. The project will also emphasize the importance of preserving and planting native trees in the urban areas of Collier County. The objectives of this proposal include: 1. Removal of invasive exotic vegetation, primarily Brazilian pepper, from the Visnich property, a 3.64 acre parcel which is .vegetatedmith.riverine-oak, upland. scrub, pine flatwood and cabbage palm forest communities. 2. Planting of native trees, including: laurel oak (Quercus laurifolia), cabbage palm (Sabal palmetto) and slash pine (Mnus elliotti). The trees will be planted within a section of the preserve where a virtual monoculture of Brazilian pepper now exists. Photos of the proposed project area can be seen in Exhibit 1. This section of the preserve is adjacent to the Cocohatchee Creek, which borders the edge of the property. A site - planting plan has been created based upon soils and elevations assumed to be beneath the Brazilian pepper trees (see Exhibit 2). A certified arborist, who is a member of the Environmental Services staff, was consulted when preparing the site - planting plan. She will also be available for recommendations on planting and maintenance of the trees. The site plan may be modified to ensure the survival of the trees once the Brazilian pepper has been cleared. A nature trail shall lead visitors through this area. Picnic tables and benches will also be located near the planting location to encourage Visitors to stop and enjoy the native trees. 35 Agenda Item No. 16A25 BID NUMBER: RFPR&105 -02 OPENING D A.*S EPTEMBERe2tr20041@ 2fW PM Page of 21 ATTACHMENT E (CONTINUED) PROJECT DESCRIPTION (two page limit) Urban and Community Forestry Grant Proposal I Along with providing a demonstration area, the invasive exotic vegetation removal and native planting project will provide direct ecological benefits to the surrounding preserve lands. A Brazilian pepper seed source will be removed. This will lessen the spread of Brazilian pepper to the remaining native habitats of the Visnich property and adjacent residential preserve lands and county park lands (see Exhibit 3). The native trees will also provide additional native habitat for birds and other wildlife currently inhabiting the preserve and will help to stabilize the soils of the creek bank after exotic removal. Agenda item No. 16A25 • September 14, 2004 Page 15 of 21 BID NUMBER: RFPIDF- 04105 -02 OPENING DATE: SEPTEMBER 2i, 2004 a 2:30 PM ATTACHMENT E (CONTINUED) BUDGET Please note: All proposals must include a detailed itemized budget summary which lists all anticipated expenditures and explains all project costs.gPropals for site specific oximate sized conta,nier size, or projects (category 2A and 2B) must list the uanti , species, and app caliper and height) of trees to be planted. ••" IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE RULED INELIGIBLE •••' Cost Items Quantity Rate (fir; rice Grant Cost Match y Cost Contractua (Description) Invasive $6,500 -0- $6,500 Exotic 3.64 acres Vegetation Removal Personnel (list titles or positions) None Travel None 36 r, Agenda Item No. 16A25 September 14, 2004 Page 16 of 21 BID NUMBER: RFPIDF- 04!05 -02 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM Cost Items Quantity M Rate or Price M Grant Cost (S) Match Cost (S) Eauiament (list items) None 37 Agenda Item No. 16A25 September 14, 2004 Page 17 of 21 Q�n wi lt�RFR RFP10E- 04!05.02 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM 38 C, BID NUMBER: RFPIDF- 04105 -02 0 Agenda Item No. 16A25 September 14,, 200041t OPENING DATE: SEPTEMBER 21, 2004 ge2:3�tPM Cost items Quantity Rate or Price Grant Cost Match Cost ( #? ($) (5) ($) Operating Costs (list) None Trees (list species and size) Laurel Oak ( gallon) 8 $185 $1,480 installed Slash Pine (25 gallon) 15 $175 $2,625 installed Cabbage Palm (10 foot) 15 $150 $2,250 installed Overhead" •••,•••••••••••••• Total $6,355 $6,500 Grant dollars may not be used to purchase food as supplies. Overhead costs up to 5% of total project cost may only be used as a matching cost, grant funds may not be used for overhead costs. 39 r, EXHIBIT 1: Visnich site photos Aerial photo of planting area Agenda item No. 16A25 September 14, 2004 Page 19 of 21 Cabbage palm neat' planting sire Cocohatchee Creek Laurel oak near planting site Exhil*2: Visnich Site- Pif&ting #,ne�o416A24 Page 20 of 21 Slash Pines and Cabbage Palms will be planted approximately 15 feet apart Laurel Oaks will be planted approximately 30 feet apart. ■ IN ■ • • ♦ ♦ ♦ It ♦ ♦ ♦ ♦ ♦ ♦ • • ♦ Proposed trail - ■ • ■ Legend - Visnich Planting area ♦ Slash Pine • Cabbage Palm ■ Laurel Oak Cocohatchee Creek ■ ■ C&r County Agenda Item No. 16A25 ibit 3: Visnich L &ation ` I%'e 21 of 21 Data source: Parsels • C*I§er County ProPe rly Apprelser Cram"d iy: GIs 1CDRS f Environmental stories W 3 a "Doervatiss Collisr 20021 IsCR VistaN.Mcd a1Csuservatlea Confer 2002% ISCM ViducfN.pI S Date: 0.2033 Legend - VIsnich - ------ Collier County Roads ® Msnich - Veterans Community Park ® Residential Preserve Lands I I 0 235 510 1,020 Feet Agenda Item No. 16A26 September 14, 2004 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to approve an Interim Management Plan for the Visnich property under the Conservation Collier Land Acquisition Program OBJECTIVE: Request approval of the attached Interim Management Plan for the Vinnich property and direction for its implementation. CONSIDERATIONS: The Conservation Collier Ordinance, 2002 -63, section 14(1), requires that no later than sixty (60) days from the date of acquisition, an Interim Management Plan shall be submitted by County staff to the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) for approval. Upon approval, the plan shall be submitted to the Board of County Commissioners for final approval and shall be implemented according to the Board's direction. Subsequent to the Interim Management Plan, a final plan is to be presented to the Board within two (2) years. On July 1, 2004, Collier County acquired 3.64 acres of land, known as the Visnich parcel, for the Conservation Collier Program. On August 9, 2004, staff submitted an Interim Management Plan for the Visnich parcel to the CCLAAC, which was unanimously approved. FISCAL IMPACT: The first year cost of land management activities has been estimated to be approximately $12,700. This estimated cost includes initial exotic removal, creation of a trail, and purchase of benches, picnic table, trashcans and signs. Annual recurring costs are estimated at $1,500 (2004 dollars). Funds are budgeted within the Conservation Collier Land Management Fund to accomplish these activities. GROWTH MANAGEMENT IMPACT: Management of Conservation Collier lands to support appropriate public access is theiCollie County sG Growth Management Ma agemeOntJPlan ective 1.3 in the Recreation and Open p ace Element RECOMMENDATION: That the ocf County ��l thattached Interim Management Plan Vsnh P oP rty; direct to implementheInterim Management Plan; and approve any necessary budget amendments. ,10' COLLIER COUNTY BO—W OF COU-� CO—SSIO�E" 11A~��^°-�~~°~=.~~~.�.fV~°~~.,�~~°~ .-I"~~ ~ �~~..~,� App ~~"By ^,,'~d~ ^ ,.R. ^pp~�By ^M~"~ ~^.~~.. ^=~— BY ^pp~�~ ^=~.m fly App-- BY App—d* Agenda Item No. 16A26 September 14, 2004 Page 3 of 13 Conservation Collier Visnich Property Interim Management Plan Prepared By: Collier County Environmental Services Department 2800 North Horseshoe Drive Naples, FL 34104 July 2004 (Revised August 2004) Agenda Item No. 16A26 September 14, 2004 July 2004 Conservation Collier Vsnfch Property Page 4 of 13 (Revised August 2004) Interim Management Plan Table of Contents 1.0 Purpose and Scope of the Interim Management Pl an ............................... 3 2.0 Management Authority and Responsibilities ....... ............................... 3 3.0 Interim Site Plan ....................................... ............................... 3 3.1 Location and Site Description ............... ............................... 3 3.2 Signage .......................................... ............................... 3.3 Easements, Concessions or Leases ........... ............................... 4 3.4 Structures ........................................ ............................... 4 3.5 Surrounding and Adjacent Land Uses ......... ............................... 4 4.0 Interim Management Objectives ..................... ............................... 4 4.1 Natural Resource Protection .................. ............................... 4 4.2 Site Security ..................................... ............................... 5 4.3 Exotic Vegetation Removal and Maintenance Plan ........................ 5 4.4 Cultural, Historical and Archaeological Resource Protection ...............6 4.5 Public Access ................................... ............................... 6 4.6 Site Monitoring Plan ........................... ............................... 7 5.0 Exhibits .................................................... ............................... 8 EXHIBIT 1: Location Map EXHIBIT 2: Aerial Map EXHIBIT 3: Estimated Cost Table EXHIBIT 4: Implementation Timeline 2 Agenda Item No. 16A26 July 2004 September 14, 2004 Conservation Collier runich Property Page 5 of 13 (Revised August 2004) Interim Management Plan 1.0 Purpose and Scope of the Interim Management Plan The Visnich property was purchased by Collier County in July 2004 through funds from the Conservation Collier program. The property will be open to the public and will be managed only for conservation, protection and enhancement of natural resources and for public outdoor recreation that will be compatible with the conservation, protection and enhancement of the site and its surrounding lands. A nature trail, benches, picnic tables and educational interpretive signs shall be provided for visitors. This interim management plan is intended to identify the key management priorities and issues Within the site and give direction for management for the next two years. This document is meant to be the precursor to a final management plan, which will outline more specific aspects of site management. Kev Interim Management Objectives 1. Conservation land designation and prohibited activities signage 2. Invasive exotic vegetation removal and management 3. Enhancement and possible extension of existing rudimentary trails 4. Removal of physical barrier blocking Cocohatchee Creek 5. Installation of low fence along western boundary 6. Trash/Recychng bin pick up and disposal 7. Benches and picnic tables along trail 8. Interpretive and/or plant identification signs along trail and alligator sign along creek 2.0 Management Authority and Responsibilities Collier County Parks and Recreation will manage the Visnich property as an extension of Veterans Community Park. The Parks and Recreation Department will provide staff time and the use of current Veterans Community Park vehicles and equipment, while the Conservation Collier program will fund any additional expenses associated with management. 3.0 Interim Site Plan 3.1 Location and Site Description The Visnich property is located within Section 26 Township 48 Range 25 on the south side of Immokalee road on the east side of Veterans Park Drive in Collier County, Florida. The 3.64 -acre site is comprised of upland scrub, pine flatwoods, live oak and cabbage palm plant communities. The live oak community is growing along the banks of the Cocahatchee Creek, which borders the southern and eastern edges of the property. The site is within the urban boundary of Collier County. 3.2 Signage A sign denoting the property as conservation land, noting the hours of operation and also noting the prohibited activities within the preserve (citing ordinance 76-48) will be installed along the western edge of the property bordering Veterans Park Drive. A sign Agenda Item No. 16A26 September 14, 2004 July 2004 Conservation Collier Vsnich Property Page 6 of 13 (Revised August 2004) Interim Management Plan prohibiting visitors from feeding or harassing alligators will be installed along the creek. Interpretive and/or plant identification signs will be placed along the trail. 3.3 Easements, Concessions or Leases No easements, concessions or leases currently exist within the site, nor are any easements, concessions or leases proposed for the future. Research will be conducted to determine who owns the property that lies beneath Cocohatchee Creek. 3.4 Structures No structures are present on the site, however a black tarp is stretched across the creek restricting water flow to the west. It was placed there by an adjacent property owner, and it should be removed. Conservation Collier staff will request that party responsible for erecting the tarp remove it. If this does not occur, Parks and Recreation staff and/or Environmental Services staff will remove the obstruction. Future structures planned for the site include benches and picnic tables. 3.5 Surrounding and Adjacent Land Uses The site is bordered by Cocohatchee Creek on the north and east boundary. Southwind Estates, a residential single- family home community, exists across Cocohatchee Creek. A conservation area belonging to the Southampton/Stonebridge development exists along the southern boundary of the property. Veterans Park Drive runs along the western edge of the property. Veterans Park Common PUD and Northside Medical Plaza. PUD are directly across Veterans Park Drive; however, the Northside Medical Plaza PUD is currently undeveloped. Finally, Veteran's Park is adjacent to the southwest comer of the property. 4.0 Interim Management Objectives 4.1 Natural Resource Protection Existing Veaetation: Several different plant communities are present on the site, including: FLUCCS 436 — Upland Scrub — characterized by those upland species that have regenerated after a disturbance, specifically, live oak (Quercus virginiana), cabbage palm (Sabal palmetto), wax myrtle (Myrica cerifera), beauty berry (Callicarpa americana), shining sumac (Rhus copallina) and brake fern (Pteris vittata). FLUCCS 411 — Pine Flatwoods, characterized by slash pines (Pinus elliotti), saw palmetto (Serenoa repens), wax myrtle (Myrica cerifera) and a wide variety of herbs and brush 4 Agenda Item No. 16A26 July 2004 September 14, 2004 Conservation Collier k snich Property Page 7 of 13 (Revised August 2004) Interim Management Plan FLUCCS 427 — Live Oak — characterized by live oaks (Quercus virginiana) and laurel oaks (Quercus laurifolia) and existing along the banks of Cocohatchee Creek FLUCCS 428 — Cabbage Palm — characterized by a grove of cabbage palms (Sabal palmetto) along the banks of Cocobatcbee Creek and scattered cabbage palms on the property All existing native vegetation shall be retained with the exception of vegetation lost to trail maintenance and enhancement. The location of the trail shall have minimal impacts to natural resources on the site. A Vegetation Removal Permit will be obtained from the Collier County Environmental Services Department prior to the clearing of any vegetation. Uninue Natural Features: Large mature oaks and cabbage palm groves with shoestring ferns (Vittaria lineata) exist along the shore of Cocohatchee Creek. Possible Listed Species: During the initial site visit to the property in August 2003, two federally listed fuzzy -wuzzy air plants (Tillandsia pruinosa) were observed, as well as three gopher tortoise (Gopherus polyphemus) burrows. Neighbors have reported observing a large alligator (Alligator mississippiensis) within the creek. Prior to writing the final management plan, Environmental Services and/or Parks and Recreation staff will conduct a more complete survey to determine whether other listed species exist on site. Specific management will then be addressed in the final management plan. 4.2 Site Security Security shall be provided by the Collier County Sheriff's Office via routine patrols in the area. Collier County Parks and Recreation staff, in performance of site management activities, and park rangers shall periodically monitor the site for violations and security breaches. A sign will be posted at the trail entrance denoting the times the property will be open for public access. 43 Exotic Vegetation Removal and Maintenance Plan Collier County Parks and Recreation and/or Environmental Services will contract out any necessary exotic vegetation removal and maintenance using Conservation Collier funds. Invasive exotics present are mostly in disturbed areas but are also at the creek bank and include: Brazilian pepper (Schinus terebinthifolius), earleaf acacia (Acacia auriculiformis), Cuban Laurel (Ficus nitida), wedelia ( Wedelia trilobata), rosary pea (Abrus precatorius), melaleuca (Melaleuca quinquenervia) and java plum (S"um cumini). The exotic vegetation will be cut, treated and removed from site. Special care will be taken when removing exotics from the creek shoreline so as not to cause erosion of the bank. Native muscadine grape (Vitus munsoniana) is thick and becoming invasive in some areas of the site. Management of the vine to acceptable levels should be included in the maintenance 5 Agenda Item No. 16A26 September 14, 2004 Conservation Collier Visnich Property Page 8 of 13 July 2004 (Revised August 2004) Interim Management Plan plan. Water lettuce (Pistia stratiotes) and other possible nuisance aquatic vegetation will be treated as recommended by the Environmental Services Department so that the vegetation is kept to below nuisance levels. Collier County Aquatic Plant Control currently treats Cocohatchee Creek west of Veterans Park Drive. They have indicated that they would be willing to treat the creek east of Veterans Park Drive. 4.4 Cultural, Historical and Archeological Resource Protection The Visnich property is not within an area of historical and archaeological probability, and no historical or archaeological sites appear to be present in the park. The County will notify the Division of Historical Resources immediately if evidence is found to suggest any archaeological or historic resources are present at the Visnich site. If such properties are identified on -site, staff shall cordon off the area, and a professional survey and assessment shall be instituted. The archaeologist shall prepare a report outlining results of the assessments and issue recommendations to County staff about management of any sites discovered, per provisions of the Land Development Code Section 2.2.25. This report shall be sent to the Division of Historical Resources. The County shall cooperate fully with direction from the Division of Historical Resources on the protection and management of archaeological and historical resources. The management of these resources will comply 2 (a) and with the provisions of Chapter 267, Florida Statutes, specifically (b)• The collection of artifacts or the disturbance of archaeological and historic sites within the Visnich property will be prohibited unless prior authorization has been obtained from the Department of State, Division of Historical Resources. 4.5 Public Access Public parking is available at Veterans Community Park. After initial invasive exotic vegetation removal, Parks and Recreation and Environmental Services staff will determine final trail dimensions and placement. The existing rudimentary trails near the creek will be enhanced and mulched using melaleuca mulch. Whenever possible, any planned new sections of trail will be created through existing uplands that have been cleared of exotic vegetation. A concrete or recycled plastic fence, mimicking a low split rail fence, will be erected along the western edge of the property that borders the Veterans Park Drive sidewalk. This fence will direct visitors to the main trail. Future plans include picnic tables, benches, trash/recycling bins and interpretive and/or plant identification signs along the trail. Until standards can be specifically designed for conservation lands, public access for Conservation Collier properties will be managed by the same standards as set forth within Collier County Ordinance # 76-48, as amended, which regulates the use of County parks. M July 2004 (Revised August 2004) Agenda Item No. 16A26 September Conservation Collier T'isnich Property Page 9 of 13 Interim Management Plan 4.6 Site Monitoring Plan Maintenance of the site shall consist of trash removal, trail upkeep, invasive exotic /nuisance vegetation re- treatment and creek bank erosion monitoring. Collier County Parks and Recreation staff shall be responsible for property maintenance with tasks delegated to the Environmental Services Department and other County departments as deemed necessary. Collier County Parks and Recreation and/or Environmental Services staff shall develop a schedule for routine maintenance activities. The Conservation Collier program will fund any materials or contracted services required for management. Currently, the site contains very little if any garbage. Garbage and recycling bins shall be installed once trail enhancement is complete. Any garbage encountered during regular staff visits shall be removed from the site. Periodic patrols by the County Sheriffs Office and Code Enforcement staff will discourage illegal dumping and disposal. The creek bank shall be monitored for erosion during routine maintenance activities. In the case that severe erosion does occur, measures may need to be taken to stabilize the creek bank (Le. rip - rapping the shoreline). 7 July 2004 (Revised August 2004) 5.4 Exhibits 3XHIBIT 1: Location Agenda Item No. 16A26 September 14, 2004 Conservation Collier Visnich Property age 10 of 13 Interim Management Plan Conservation Collier Visnich Location Map p ' 325 ' 660 ' , 1,300 Feet Folio Numbers: 00166680102 Data Source: Parcels. Collier CountyPre►ertyA►►raisor Created "CIS I CDES 1 Eovireaacatsl Services '"Conservation CcIier2*11ZISCMVisimch.aaxa C "Censervatlon Collier 2002% ISCRI VlsiacN j►! Date: 0.20.03 0 Collier County Agenda Item No. 16A26 July 2004 September 14, 2004 (Revised August 2004) Conservation Collier Visnich Propertfi�age 11 of 13 Interim Management Plan EXHIBIT 2: Aerial Map Conservation Collier Visnich Location Map Z: - is �51 4-1- 111; will,, 0.- !6A. WK77 A 7j- JVA vh le 41 r... i. .ti l it W+B 0 170 340 680 Feet Ntm Source: IaGmclls - Collier Cousty pr9pe Ity APP miser Created By. CIS /CDES fEevirommental Services a*1Co:::rVat1o■ Collier 28021 1SCF1!l2.w%xd Q%C9 rvMiOnCoNier2lo2liSCMMsincb2.jpg Date: 8.28.03 6 1.1 RAO KkL E E RD AP 216, t P. 4 # AL A*. j 4t MP 'ILI Legend - Visnich Collier County Roads Visnich PUblish.MAIN.Pud Folio Numbers: 00166680102 July 2004 (Revised August 2004) EXHIBIT 3: Estimated Cost Table Management Element Initial Cost Exotics Control $6,400 Access Trails $954 Benches/Picnic Tables $2,900 Trash Removal Conservation designation sign Interpretive signs Total $800 $600 $1,000 $12,654 Agenda item No. 16A26 September 14, 2004 Conservation Collier Vsnich Property age 12 of 13 Interim Management Plan Annual Comments Recurring Costs $1,000 ($250 per Based on approx. 30% acre) infestation, poison, cut and remove debris $477 Melaleuca mulch $1.59 per bag — for area 3" X 2'(1ength) X 4'(width) — double cost for labor if contracted. Projection developed using estimated length of 1,200 feet n/a 2 benches ($650 each) and 2 (6') picnic tables ($800 each) t.b.d. 2 cement free standing garbage cans ($400 each) n/a One 3'X1.5' — metal, white background, uninstalled n/a 2 larger interpretive signs ($500 each) or 10 small signs ($.100 each) $1,477 10 Vc) c\J o c°v o Z L Qi En �Cf) Q a H a 0 .r �f-L 4 ti�zo�o da.xo�o AwUov, z0 >o�n O otn d�C7o�n ►-� � a o �n >C �C �--� A z o •n X X da,c�otn X tidzo�., X X AWUO� z0 >o"t OUE- C) �t x d�C7o� b0 G q O —Y. v c� p bD >1 �p Ei 15 b0 O cd y q > O C c�v GU7 „�,� a p cC ��r O 4.) N 'a > O -+ b p� to gQ Agenda Item No. 16A27 September 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to execute the annual Certification for Implementation of Regulatory Reform Activities OBJECTIVE: To have the Board of County Commissioners execute the Certification for Implementation of Regulatory Reform Activities. CONSIDERATION: Collier County is required to submit an annual Certification for Implementation of Regulatory Reform Activities to the State of Florida as part of the State Housing Initiatives Partnership (SHIP) Program. This form certifies four key points. 1) Permits as defined in x.163.3164(7) and (8)* for affordable housing projects are expedited to a greater degree than other projects; and 2) There is an ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption. 3) The cumulative cost per newly constructed housing per housing unit, from these actions for FY 2004 is estimated to be $1,151.97. 4) The cumulative cost per rehabilitated housing per housing unit, from these actions for FY2004 is estimated to be $ 0.00. Information collected from this certification is used to assess the impacts of regulatory barriers to affordable housing state -wide. FISCAL IMPACT: Execution of this certification will ensure that Collier County continues to be eligible to participate in and receive funding from the SHIP Program. GROWTH MANAGEMENT IMPACT: Execution of this certification and continued participation in the SHIP Program will allow Collier County to enhance the development of workforce housing in accordance with the Housing Element of the Growth Management Plan of Collier County. RECOMMENDATION: That the Board of County Commissioners execute the Certification for Regulatory Reform Activities form. COLLIER COUNTY go°�C= CO.U.~�,�� ,~.7 =~~� =~—~ .-4n~— ~°=°.`."."~ By .~~.r^^~~^.~.`.- ^"~."~ ~_~ 411^~~~ ^pp~�~ ^"~^By ^"—~", Apl—d* ^=~�BY ^pl~. BY ^°~�By SHIP AR02 -1 CERTIFICATION For Implementation of Regulatory Reform Activities Required by S.H.I.P. On behalf of Collier County Government, I hereby certify that the following information is true and accurate as of the date or submission. Agenda Item No. 16A27 September 14, 2004 Page 3 of 3 1) Permits as defined in s. 163.3164(7) and (8)* for affordable housing projects are expedited to a greater degree than other projects; and 2) There is an ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption. 3) The cumulative cost per newly constructed housing per housing unit, from these actions for FY 04 is estimated to be $1,151.97. 4) The cumulative cost per rehabilitated housing per housing unit, from these actions for FY 04 is estimated to be $ -0 -. Date Date Attest (Seal) Donna Fiala, Chairman Chief Elected Official Date James V. Mudd, County Manager pproved as to form & gal sufficiency Patrick . White, Assist. County Attorney *162.3164(7), Florida Statutes: "Development order" means any order granting, denying, or granting with conditions an application for a development permit. 163.3164(8), Florida Statutes: "Development permit" includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land. Agenda Item No. 16A28 September 14, 2004 Page 1 of 4 EXECUTIVE SUMMARY Recommendation that he Job C eat on Investment Commissioners tProgram and Quarterly Report activities related to t AdvancedBroadband Infrastructure Investment Program. OBJECTIVE: Recommendation that the Board of County Commissioners accept the Quarterly roram and the Report on the status, activities and Investment economic imp P ogram aseset fort h sl requirements of the p ograms. Advanced Broadband Infrastructure CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners adopted Ordinance No.2003 -59 and No. 2003 -60, codified as Section 49 in the Code of Laws and Ordinances, which established the Advanced Broadband Infrastructure Investment Program and the Job Creation Investment Program, respectively. The Job Creation Investment Program is available to targeted high - wage companies that desire to relocate or expand within specified areas of Collier County. The program is designed to reduce the economic effects of increased development fees as well as relocation and/or expansion costs. The Program has 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. The Advanced Broadband Infrastructure Investment Program is designed to encourage private sector investment in broadband technology thereby enhancing Collier County's economic diversification efforts for expanding or relocating businesses. In order to be eligible for the broadband program the applicant must meet the following criteria: 1) be located on commercially or industrially zoned land in Collier County and (a) construct a new commercial or industrial development for the purpose of leasing or selling those parcels of land; or (b) construct a new building or renovatd an existing building; and (2) the business owner uses or leases such development or building which is proposed to contain broadband infrastructures. A requirement of the programs outlined above is the presentation of a Quarterly Report to the Board of County Commissioners regarding the status, activities and economic impacts of the programs. The first Quarterly Report covered the quarter beginning with the adoption of the Ordinances on November 18, 2003 through February 18, 2004. The second quarter consists of the period from February 19, 2004 through June 1, 2004. The program activity is as follows: ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM: There have been no new applicants for the Advanced Broadband Infrastructure Investment Program during this quarter. Agenda Item No. 16A28 September 14, 2004 Broadband/Job Creation Quarterly Report Page 2 of 4 Page 2 JOB CREATION INVESTMENT PROGRAM: Capital Future Incentive Applicant # Jobs Created Investment Type of Industry Award Skytruck 30 $3,000,000 Aviation $90,000 Company, LLC completion center Skytruck Company, LLC proposes to create thirty (30) new jobs within five (5) years in Collier County at an average wage of $35,000. 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. FISCAL IMPACT: The Economic Incentive package that was approved by the Board of County Commissioners on November 18, 2003, which includes the Job Creation and Broadband programs, is budgeted in full. Skytruck Company, LLC requested $90,000 of incentive funds, to be paid in equal amounts over three years after the creation of the new jobs, which represents thirty (30) new jobs to be in place over the following time periods: 3 jobs by September 30, 2004, 12 jobs by September 30, 2007 and an additional 15 jobs by September 30, 2009. The capital investment related to this project is estimated to be $3,000,000. A combination of Sky Truck's wages paid and capital investment is expected to generate direct local economic impacts at a minimum of $4 million. The following chart reflects the actual 2004 budget for the Job Creation Investment Program and the dollar amounts of the potential incentive awards for the applicants approved into the program thus far. Qualified A licant Incentive Award isua et (Beginning Balance) $400 March Performance $40,000 $360 gkvtruck Comnanv LLC $90,000 $270 GROWTH MANAGEMENT IMPACT: The programs outlined above are 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." STAFF RECOMMENDATION: The Board of County Commissioners accept the Quarterly Report regarding the status, activities and economic impacts to the Job Creation Investment Program and the ,�— Advanced Broadband Infrastructure Investment Program for the period of February 19, 2004 through June 1, 2004. Agenda Item No. 16A28 September 14, 2004 Page 3of4 Broadband/Job Creation Quarterly Report Page 3 I--. All— a, s COLLIER COUNTY 60:2: C- CC'JNN = C3?Nri51OrvEP5 X F, M, "p—d By Approved By .Approved By Approved By A Pl- Approved By Approved By +a.G AM 1pprovM By Approved By Agenda Item No. 1681 September 14, 2004 Page 1 of 21 EXECUTIVE SUMMARY Recommendation to approve Change Order for the County Wide Sidewalk Project #1 East Naples Area in the amount of $20,883.16 and Change Order for the County Wide Sidewalk Project #4 Immokalee Area in the amount of $16,979.00 to Cougar Contracting Specialties, Inc. OBJECTIVE: For the Board to approve Change Orders in the amount of $20,883.16 and $16,979.00 to Cougar Contracting Specialties, Inc. CONSIDERATION: On October 14, 2003, the BCC approved a Contract with Cougar Contracting Specialties, Inc. for a County Wide Sidewalk Project (Agenda Item 16134), which consisted of four (4) sidewalk areas (Project #1 East Naples Area, Project #2 Bayshore Area, Project #3 Golden Gate Area, and Project #4 Immokalee Area). The Purchase Order total was $592,400.00. During the progress of the work, it was found that unanticipated additional costs would be incurred to meet current State FDOT and County FDOT ADA Requirements and provide for field adjustments required to meet today's existing field conditions. For Project #1 East Naples Area, the original Purchase Order amount was $162,900.00 with the amount of change /increase being $20,883.16. For Project #4 Immokalee Area, the original amount of the Purchase Order was $190,000.00 with one staff approved Change Order increase of $17,099.00 and with a final Change Order amount of the change /increase being $16,979.00. The amount of work exceeded the 10% of the original Project #1 amount by approximately 12.82% and for Project # 4 amount (which included a staff approved Change Order of $17,099.00) by approximately 17.94 %. and therefore requires BCC approval. FISCAL IMPACT: The amount of the Change Order for Project #1 East Naples Area is $20, 883.16 and for Project #4 Immokalee Area is $16,979.00. The funds are currently budgeted in the Gas Tax Fund. The Transportation supported source of funds are gas taxes. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: Recommend to approve Change Order for the County Wide Sidewalk Project #1 East Naples Area in the amount of $20,883.16 and Change Order for the County Wide Sidewalk Project #4 Immokalee Area in the amount of $16,979.00 to Cougar Contracting Specialties, Inc., required to complete the additional project unanticipated related work. Agenda Item No. 16B1 September 14, 2004 Page 2 of 21 CHANGE ORDER NO. 2 CHANGE ORDER CONTRACT NO. 03 -3495 TO: Cougar Contracting Specialties, Inc. 13350 Rickenbacker Parkway Fort Myers, Fl. 33913 DATE: August 4, 2004 PROJECT NAME: County Wide Sidewalk Project — Project #4 Immokalee Area PROJECT NO.: 60173 Under our AGREEMENT dated 11/21/03, PO 4500021124. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: Sixteen Thousand Nine Hundred Seventy -Nine Dollars and Zero Cents ($16,979.00). Original Agreement Amount $190,000.00 Sum of Previous Changes $207,099.00 This Change Order (Add) (Deduct) $ 16,979.00 Present Agreement Amount $224,078.00 The time for completion shall be (increased /decreased) by Zero calendar days due to this Change Order. Accordingly, the Contract Time is now ninety (90) calendar days. The substantial completion date is February 6, 2004 and the final completion date is February 21, 2004. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: CONTRACTOR: , 2004 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Agenda Item No. 1681 September 14, 2004 Page 3 of 21 DESIGN PROFESSIONAL TO&ATM DIRECTOR By: TRANSPORTATION ADMINISTRATOR By: CHANGE ORDER CHANGE ORDER NO. 1 CONTRACT NO. 03 -3495 TO: Cougar Contracting Specialties, Inc. 13350 Rickenbacker Parkway Fort Myers, Fl. 33913 DATE: August 4, 2004 PROJECT NAME: County Wide Sidewalk Project — Project #1 East Naples Area PROJECT NO.: 60173 Under our AGREEMENT dated 11/21/03, PO 4500021124 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: Twenty Thousand Eight Hundred Eight -Three Dollars and Sixteen Cents ($20,883.16). Original Agreement Amount $162,900.00 Sum of Previous Changes $162,900.00 This Change Order (Add) (Deduct) $ 20,883.16 Present Agreement Amount $183,783.16 The time for completion shall be (increased /decreased) by Zero calendar days due to this Change Order. Accordingly, the Contract Time is now ninety days (90) calendar days. The substantial completion date is April 2, 2004 and the final completion date is April 17, 2004. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in ,�.. this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Agenda Item No. 16131 September 14, 2004 Page 4 of 21 Accepted: , 2004 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL By: TO&ATM DIRECTOR By: TRANSPORTATION ADMINISTRATOR By: CHANGE ORDER CHANGE ORDER NO. 1 CONTRACT NO. 03 -3495 TO: Cougar Contracting Specialties, Inc. 13350 Rickenbacker Parkway Fort Myers, Fl. 33913 DATE: August 4, 2004 PROJECT NAME: County Wide Sidewalk Project — Project #2 Bayshore Area PROJECT NO.: 60173 Under our AGREEMENT dated 11/21/03, PO 4500021124 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: Three Thousand Eighty-Eight Dollars and Zero Cents ($3,088.00). Original Agreement Amount $ 72,000.00 Sum of Previous Changes $ 72,000.00 This Change Order (Add) (Deduct) $ (3,088.00) Present Agreement Amount $ 68,912.00 Agenda Item No. 16131 September 14, 2004 Page 5 of 21 The time for completion shall be (increased /decreased) by Zero calendar days due to this Change Order. Accordingly, the Contract Time is now ninety days (90) calendar days. The substantial completion date is April 21, 2004 and the final completion date is June 5, 2004. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: 2004 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL By: TO&ATM DIRECTOR By: TRANSPORTATION ADMINISTRATOR By: CHANGE ORDER CHANGE ORDER NO. 1 CONTRACT NO. 03 -3495 TO: Cougar Contracting Specialties, Inc. 13350 Rickenbacker Parkway Fort Myers, Fl. 33913 DATE: August 4, 2004 PROJECT NAME: County Wide Sidewalk Project — Project #3 Golden Gate Area PROJECT NO.: 60173 Under our AGREEMENT dated 11/21/03, PO 4500021124 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: Agenda Item No. 1681 September 14, 2004 Page 6 of 21 FOR THE (Additive) (Deductive) Sum of: Five Thousand Seven Hundred Eight Dollars and Nine Cents ($5,708.09). Original Agreement Amount $167,500.00 Sum of Previous Changes $167,500.00 This Change Order (Add) (Deduct) $ 5,708.09 Present Agreement Amount $173,208.09 The time for completion shall be (increased /decreased) by Zero calendar days due to this Change Order. Accordingly, the Contract Time is now ninety days (90) calendar days. The substantial completion date is June 4, 2004 and the final completion date is June 19, 2004. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: CONTRACTOR: By: , 2004 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: DESIGN PROFESSIONAL By: TO&ATM DIRECTOR By: TRANSPORTATION ADMINISTRATOR By: COLLIER COUNTY GGAf OF cou— com.lssiO Ep.s nem S--y s2c SZS. 16 n.et cl..— c", 1. I::"..1- —1 +S`.P 00 Idaonrte D- By oan I P. App—d By App—d By App—d By A-- App—d By 1 25 1. App—d By Aga, 1,p ... ed By Ipp—d By App—. F, Iq App-,N By App—a By Agenda Item No. 16131 September 14, 2004 Page 8 of 21 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: County Wide Sidewalk Project #1 East Naples Area BID /RFP #: 03 -3495 MOD #: Change Order No. 1 PO #: 4500028337 Work Order #: NA PROJECT #: 313 - 163673- 763100 -6017 AMOUNT OF THIS CHANGE $20,88: CONTRACT AMOUNT: ORIGINAL $ 162,900.00 CURRENT $ 183,783.16 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $162,900.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval 10 -14 -03 Agenda Item # 16 -B -4 Percentage of the change over /under current contract amount approximately 12.820, little under) Formula: (Current Amount / Last BCC approved amount) -1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% repc to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 04/17//04 CURRENT: 04/17/04 SUMMARY OF PROPOSED CHANGE (S): To increase PO to cover added cost for ac authorized work. JUSTIFICATION FOR CHANGE (S): This Project issued was one of four separate contra, included sidewalk segments in the Immokalee Area, East Naples Area, Golden Gate Area, Bayshore Drive Area. All four were issued under on PO. Payment for services was to be i Sum for each area but was changed to an hourly labor and material rates to meet the Contract Invoice requirements. In addition to the Master Contract, a set of additional contract specifications were develc Purchasing. Within that set of specifications, it was indicated that the Project Manager was to authorize additional work and the contractor was to submit pricing to the Project Manage) work prior to proceeding to have the work accomplished. This Project had the requirement of having to meet ADA requirements. So the Design Profes plans noted that all work shall be in accordance with the FDOT Design Standards for Construction & Maintenance. During the progression of construction of this time sensitive pro requirements for meeting the updated permitted State FDOT ADA and County permittec requirements, mandated modification of the original specified ADA method of constructior construction requirement affected all the sidewalk segments in all the different areas. The contractor had never installed the new domed ADA detection devices. A detail was p utilizing brick pavers on a sand base for utilization on Immokalee Drive. Following initial inst there were concerns about the long term maintenance of the brick pavers. Following a( research an embedded plastic type detection device was selected and utilized in all other (These plastic devices also proved more economical then the modified paver design). TI paver detection device detail was modified to alleviate the maintenance concerns on Imr Drive by Road Maintenance. In order to keep the momentum of the job proceeding, am Agenda Item No. 16131 September 14, 2004 future maintenance more cost effective, the Design Professional and thV_1ap?cWt2Manager a have the contractor order and install the ADA detection devices. As mentioned, the contract the invoicing to be on a time and materials cost and since the devices were both State FC County FDOT required, all related ADA costs for all segments would be covered during invoicing. Further, the remainder of the labor and materials that is within the invoice increase reflE adjustments costs related to the discovery of site conditions and addressing maintenanc requested by Road Maintenance. Road Maintenance was not included in the plan's origin, design due to the condensed timeline required of the Design Professional. PARTIES CONTACTED REGARDING THE CHANGE: The Project's Design Profession Schmitt P.E. (Q. Grady Minor & Associates), Diane Flagg, Gloria Herrera IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or _ Proposed change is consistent with the scope of the existing agreement _ Proposed change is in fact an addition or deletion to the existing scope _ Change is being implemented in a manner consistent with the existing agreement _ The appropriate parties have been consulted regarding the change _ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER R��0 MENDAT MION: APPROVE: .Jc� Date: DISAPPROVE: Date: COMMENTS: H -Drive, ATM, Val, Bids & Contracts Agenda Item No. 16131 September 14, 2004 Page 10 of 21 CHANGE ORDER CHANGE ORDER NO. 1 CONTRACT NO. 03 -3495 TO: Cougar Contracting Specialties, Inc. 13350 Rickenbacker Parkway Fort Myers, Fl. 33913 DATE: August 4, 2004 PROJECT NAME: County Wide Sidewalk Project — Project #1 East Naples Area PROJECT NO.: 60173 Under our AGREEMENT dated 11/21/03, PO 4500021124 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: Twenty Thousand Eight Hundred Eight -Three Dollars and Sixteen Cents ($20,883.16). Original Agreement Amount $162,900.00 Sum of Previous Changes $162,900.00 This Change Order (Add) (Deduct) $ 20,883.16 Present Agreement Amount $183,783.16 The time for completion shall be (increased /decreased) by Zero calendar days due to this Change Order. Accordingly, the Contract Time is now ninety days (90) calendar days. The substantial completion date is April 2, 2004 and the final completion date is April 17, 2004. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: -/i f t 2004 CONTRACTOR / OWNER: BOARD OF COUNTY COMMISSIONERS OF CQ;i LIER COUNTY, FLORIDA By: ' ,�flt, L Z ' � J BESICPROFESSIONAL Y ` �ti/1W' 1 L= 57 Lrrr,p w. Sc«n.cn V,V. TO &AT DIRECTOR By: TRANSPORTATION ADMINISTRATOR By: 0712812004 WED 16:12 FAI 239 947 6783 Brady minor & assc, Collier County Pathway Project Base Bid No. 1 (Areas 1 & 3 — East Naples Area) Agenda Item 00Mi0 September 4, 2004 Page 11 of 21 Between time of bidding and start of construction, DOT began requiring use of raised domed surfaces for handicap warning strips. Originally the project was specified to utilize the tactile warning embossed in the concrete surface. Based upon research and initial use of brick pavers in Area 6, the use of the embedded dome strip panel was used in these areas. Add $7,590.00 2. Near Texas /Carolina, it was necessary to extend existing culverts (2) and provided end treatments (2) to provide adequate an adequate grassed strip between edge of pavement and sidewalk and provide adequate side slope from sidewalk edge to swale. Add $600.00 Along Martin Street at several double driveways, it became necessary to add asphalt transition strips. This allowed new sidewalk to be installed across existing driveways and maintain more uniform grades from driveway to driveway. Add $850.00 4. Due to changed site conditions, it was necessary to add two (2) additional concrete driveway aprons with the sidewalk construction. These were at driveways added or modified from design stage to construction Add $1,120.00 5. Additional sidewalk added at St. Andrews/Pebble Beach intersection to connect sidewalks on the south and north sides of St. Andrews. On St. Andrews on the north side, west of canal; it was necessary to add a curb to retain the grade on the backside of the sidewalk. This avoided damage to an existing landscape area and allowed landscaping to remain. ,Add $4,450.00 6. Plans originally identified a single culvert at the existing canal on St. Andrews. Field investigation immediately prior to construction identified a second culvert pipe. This required a double headwall on both sides and extra culvert pipe extension. Also at this location, there was found a third "bypass" culvert that was causing erosion in the south bank. In order to reduce erosion and potentially undermining of the new culvert headwall, a small tree was removed and a concrete bag rip -rap was installed to stabilize bank. Add $6,273.16 Total $20,883.16 FN08%Cotlier Co. C.ontracts\CCU8Tm laid No40520.doc CCUB Agenda Item No. 16131 September 14, 2004 Page 12 of 21 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: County Wide Sidewalk PROJECT #: 313 - 163673 - 763100 -6017 Project #4 Immokalee Area BID /RFP #: 03 -3495 MOD #: Change Order No. 2 AMOUNT OF THIS CHANGE $16,97! PO #: 4500028337 Work Order #: NA CONTRACT AMOUNT: ORIGINAL $ 190,000.00 CURRENT $224,078.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $190,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval 10 -14 -03 Agenda Item # 16 -B-4 Percentage of the change over /under current contract amount approximately 17.940 little under) Formula: (Current Amount / Last BCC approved amount) -1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% repo to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 02/21/04 CURRENT: 02/21/04 SUMMARY OF PROPOSED CHANGE (S): To increase PO to cover added cost for a( authorized work. JUSTIFICATION FOR CHANGE (S): This Project issued was one of four separate contr6- included sidewalk segments in the Immokalee Area, East Naples Area, Golden Gate Area, Bayshore Drive Area. All four were issued under on PO. Payment for services was to be i Sum for each area but was changed to an hourly labor and material rates to meet the Contract Invoice requirements. In addition to the Master Contract, a set of additional contract specifications were develc Purchasing. Within that set of specifications, it was indicated that the Project Manager was to authorize additional work and the contractor was to submit pricing to the Project Manage[ work prior to proceeding to have the work accomplished. This Project had the requirement of having to meet ADA requirements. So the Design Profes plans noted that all work shall be in accordance with the FDOT Design Standards for Construction & Maintenance. During the progression of construction of this time sensitive pro requirements for meeting the updated permitted State FDOT ADA and County permittec requirements, mandated modification of the original specified ADA method of construction construction requirement affected all the sidewalk segments in all the different areas. The contractor had never installed the new domed ADA detection devices. A detail was p utilizing brick pavers on a sand base for utilization on Immokalee Drive. Following initial inst there were concerns about the long term maintenance of the brick pavers. Following a( research an embedded plastic type detection device was selected and utilized in all other (These plastic devices also proved more economical then the modified paver design). TI paver detection device detail was modified to alleviate the maintenance concerns on Imr Drive by Road Maintenance. In order to keep the momentum of the job proceeding, ar Agenda. Item No. 16131 September 14, 2004 future maintenance more cost effective, the Design Professional and t#iagPrl_ eMI:2111/lanager have the contractor order and install the ADA detection devices. As mentioned, the contract the invoicing to be on a time and materials cost and since the devices were both State FI County FDOT required, all related ADA costs for all segments would be covered during invoicing. Further, the remainder of the labor and materials that is within the invoice increase refl adjustments costs related to the discovery of site conditions and addressing maintenanc requested by Road Maintenance. Road Maintenance was not included in the plan's origin design due to the condensed timeline required of the Design Professional. PARTIES CONTACTED REGARDING THE CHANGE: The Project's Design Professior Schmitt P.E. (Q. Grady Minor & Associates), Diane Flagg, Gloria Herrera IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N Proposed change is consistent with the scope of the existing agreement _ Proposed change is in fact an addition or deletion to the existing scope _ Change is being implemented in a manner consistent with the existing agreement —The appropriate parties have been consulted regarding the change _ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGEg RE SyOMMENDATION: APPROVE: (%7X if v,:r Date: DISAPPROVE: Date: COMMENTS: H- Drive, ATM, Val, Bids & Contracts Agenda Item No. 1681 September 14, 2004 Page 14 of 21 CHANGE ORDER CHANGE ORDER NO. 2 CONTRACT NO. 03 -3495 TO: Cougar Contracting Specialties, Inc. 13350 Rickenbacker Parkway Fort klyers, Fl. 33913 DATE: August 4, 2004 PROJECT NAME: County Wide Sidewalk Project — Project 94 Immokalee Area PROJECT NO.: 60173 Under our AGREEMENT dated 1 1/21/03. PO 4500021124. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: Sixteen Thousand Nine Hundred Seventy -Nine Dollars and Zero Cents ($ 16,979.00). Original Agreement Amount $190,000.00 Sum of Previous Changes $207,099.00 This Change Order (Add) (Deduct) $ 16,979.00 Present Agreement Amount $224,078.00 The time for completion shall be (increased /decreased) by Zero calendar days due to this Change Order. Accordingly, the Contract Time is now ninety (90) calendar days. The substantial completion date is February 61 2004 and the final completion date is February 21, 2004. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same tenns and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the ,Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: CONTRACTOR: By: , 2004 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: DESIGNI PROFES�SJONAL By: y1 Ply�a L� l'N � 1> W. St w M 1 t? Y • �% Q.4znryrtuuuc �/�s►w. i�•A TO &ATNJ DIRECTOR By: !I TRANSPORTATION ADMINISTRATOR By: Agenda Item 6 1 07/28/2004 WED 16:13 FU 239 947 6783 grads minor & assc. septembel O pS #0 Page 15 of 21 Base Bid No. 4 (Area No. 6 — Jmmokalee) 1. Between time of bidding and start of construction, DOT began requiring use of raised domed surfaces for handicap warning strips. Originally the project was specified to utilize tactile warning embossed in the concrete surface. A portion of this area utilized brick pavers, however, there were initial problems with pavers settling and moving on a sand base. Locations in which brick pavers were utilized initially were modified to include a concrete base. Where no treatment had been installed the raised dome strip panels were used. The work in this area established methodology for other areas. Add $23,64150 2. Deleted concrete median crossovers at two (2) locations along lmmokalee Drive. These were replaced with pointed crosswalks. Deleted sidewalk section at existing driveway /parking area. Driveway had been modified by owner prior to construction and eliminated need for sidewalk_ Deduct ($5,675.00) 3. Two sections of `D' curb were added at existing drainage swalcs to provide raised barrier between reestablished swale and sidewalk. (Swale had been previously filled along with ends of culvert pipes). Add $1,200.00 4. At request of FDOT, crosswalks at five (5) locations along State Route 29 were deleted. Delete ($2,187.50) Total 516,979.00 F.UMColhei Co. Contncts\CCU8)Hasc Bid No40520.doc CCU8 07/28/2004 WED 16;11 Fri 239 947 6783 grads minor & assc, Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers . sand Surveyors ■ Planners MARK W. MINOR P.E NORMAN J. TRFBn.COCK, A.l.C.P., P.E. C. DEAN SMrFfL P.E. DAVID W. SC27U 'TT, P_g MICHAEL J. DELATE, P.E MATTHEW J. HERMANSON, P.E July 28, 2004 Mr. Val Prince Collier County Department of Alternative Transportation Modes 2705 South Horseshoe Drive Naples, FL 34104 RE: Collier County Pathway Project Dear Mr. Prince: Agenda Item ' IIp Septembe 4, Page OC 4 Page 16 of 21 D. WAYNE Ar.NOLD, A.I.C.P. ROBERT "BOB- THNINES, A.LCP. THOMAS J. GARRI.S, PS.M. S'TF1'i-II•,''V V. BURGESS, PS.M. ALAN V. Ro$BMAN Per our discussion, I have prepared a brief history of the above referenced project for your use. I have also updated the backup data on the Final Reconciliation Change Order to reflect the items in the Change Order with their cost- You will note from the History that this project had a very short aggressive design phase. We were authorized to begin work on the project in mid .Tune. We submitted preliminary plans in mid -July and had final plans ready for bidding in mid August. This accelerated schedule was required to allow the project to be bid and funds committed prior to the end of the County's fiscal year. In order to accomplish this aggressive schedule we utilized existing 2002 Collier County aerial Photographs and very limited survey information to prepare the plans. Because of the time schedule, there was review by limited County staff on the project at the preliminary plan submittal only. (It was discovered during the construction phase that the DOT Road Maintenance Superintendents were not a part of this review). Initially based upon a meeting with myself, Jim Asbury and Tom Tomerlin a "Ltunp Sum" bid approach was proposed. Initially the project was bid that way to the contractors under the County's Annual Contract List. Later it was necessary for Cougar Contracting to revise their bid to a "Time and Material" pricing. Construction on the project was kicked off at the end of October with a pre- construction meeting. At this pre- construction meeting the schedule for the project was discussed along with the need to complete each project segment as quickly as possible. The project was to be released with 4 separate Notices to Proceed, with some overlap to allow a segment to be wmpleted as a new one was started. (239) 947 -1144 a FAX (239) 947 -0375 ■ E -MaiL• engineering@gradyminor.com 3800 Via Del 12, VV ■Bonita Springs, Florida 34134 -7569 ■EB /LB 0005151 FAMIMollier Co. Conrad ' CCUSWP4072SLA: CCU8 071128/2004 WTD 16;12 FAI 239 947 6783 Brady minor & assc. Mr. Val Prince RE: Collier County Pathway Project July 28, 2004 Page 2 Agenda Item tt%410 September 1�+1 $ !� Page 17 of 21 Also, discussed at this meeting was the new ADA requirements at crosswalks being implemented by the County on new projects. Originally in accordance with County standards in place at the time, the project was bid with a concrete tactical warning strip formed with a mesh imprint at crosswalks. The new standard required a raised dome type surface. The use of brick pavers on sand bed was discussed for use at the meeting. There was also discussion concerning modification of the sidewalk at Max Hasse Park to connect to existing park sidewalk. In mid November, the initial Notice to Proceed was issued for the Immokalee area. Work was initiated in the area and proceeded until early January when the Road Maintenance Superintendent in area contacted us about drainage and the ADA brick pavers. We met with the superintendent and discussed his concerns. At this time, adjustments were made in several areas to help with drainage. Also, a portion of sidewalk was adjusted on Immokalee Drive closer to the edge of pavement due Right -of -way concerns and existing obstructions. As work proceed, the need for a transition strip or possible curb was discussed for this area of h=okalce Drive. Eventually, an asphalt strip with dome reflectors was chosen for this area and a change order processed. - It was also in Immokalee that it was found that additional refinement of the ADA warning strip was needed. There were long term maintenance concerns with the brick pavers where traffic drove over them. Several new alternatives were examined, including plastic cast in place warning strips. Eventually, these were chosen as not only the most maintenance free but as most economical over brick pavers. (Brick pavers were utilized on Immokalce Drive, but with concrete base and retaining curb. This allows the on -site brick pavers to be used up). Construction continued as additional Notices to Proceed were issued. These areas proceed well as a methodology was put into place to pre -walk the construction areas with the County Road Maintenance Superintendent assigned to the area. This allows the superintendent to fine tune sidewalk placement to best suit drainage and his maintenance crews. As these areas were walked other adjustments were also made to reduce maintenance cost and address changed site conditions. In the St. Andrews area, an adjustment was necessary at the culvert crossing due to an existing second culvert pipe. This was picked up prior to ordering the initial structure, so there was no wasted costs in this adjustment. Also, due to the extension of the culverts, additional washout of a bank was caused. In order to eliminate bank washout, rip -rap was installed. During the construction of the various phases, all of us we working under the assumption that the minor changes would be included in a reconciliation change order at the end of the project with the "Time and Material" contract. This allowed these changes to be immediately done by the contractor with minimal schedule impacts. Y- NioMCOI1ier Co. Comx&CCUS"40728L.doc CCU8 071128/2001 WED 16;12 F9 239 947 6783 grads minor & asse, Agenda item o September Page 18 of 21 Mr. Val Prince RE: Collier Canty Pathway Project 3uty 28,2004 Page 3 In early May, the overall project was completed with only minor punch list items remaining. As these punch list items were completed, work was proceeding on itemizing the various costs associated with the minor adjustment changes . These costs are itemized on the attached listing. The total of all the adds/deletes in the reconciliation change order is $40,482.25. Those related to the change in the ADA standards at crosswalks totaled 534,681.50. Overall, the project from start to finish was completed in a timely manner within the very tight time schedule. With exception of the ADA changes and the transition strip along Immokalee Drive, the project had very few changes. These minor changes made in the project will assist in reducing future maintenance costs for the County and also allow a better constructed project. These changes of $6,000(±) represent I% of the original cost. I hope this Ietter with the project History will assist you and other County staff in providing a fuller understanding of the project and the changes and adjustments made in it- If you have any questions or comments, please call. V truly yob David W. Schmitt, P.E. DWS:dr Enclosure r:voaticnu;u Co. C �CW8%VP4an8Ldoc CCUS 0'1/28/2004 WED 16;13 FAX 239 947 6783 Brady minor & assc, Agenda Item No.(��I�l/O10 September 14, tq Page 19 of 21 Collier County Pathway Project Time Line May 29, 2003 initial meeting with Tom Tomerlin to discuss project and make initial site visits to possible pathway sites. June 10, 2003 Submit initial scope of services and proposal for review. June 11, 2003 Revise scope of services and proposal and forward to Collier County. June 13, 2003 Receive executed Work Authorization. Begin work on project. July 11, 2003 Send preliminary plans to Tom Tomerlin at Collier County for review. Continue work on Final Plans. July 21, 2003 Review meeting with Tom Tomerlin, Bob Peterson, Mike McGee, Ed Kant and Diane Flagg to discuss project and receive comments. August 12, 2004 Meeting with Tom Tomerlin, Jim Albury to discuss bidding and Bid Documents. Prepare mark ups for Purchasing inclusion in Bid Documents. Lump sum bids are to be received from contractors on Annual List. August 15, 2003 Finalize plans and forward to Tom Tomerlin. Also included were plans for FDOT and Collier County R/W Permits. Submitted to SFWMD for "No Notice General Permit". August 29, 2003 Plans issued by Purchasing for bidding work. Continued work on minor plan clean up. Prepare addenda items (September 5) and estimate of probable construction cost. September 10, 2003 Bid opening. Recommendation letter prepared. September 19, 2003 Contractor quote updated to reflect Time and Material Bid based upon Annual Contract. October 14, 2003 Award of contract by Collier County October 28, 2003 pre - Construction Meeting at Collier County. Discussion concerning new ADA requirements at crosswalk, termination of sidewalk at Max Hasse Park, and scheduling of project segments. November 17, 2003 Notice to Proceed issued for Immokalee area. F UOB%Collier Co. CORtractslCCMTime Line- Cvllier Cawnty Pothway Project.doe 017/28/2004 WED 16 :14 PSI 239 947 6783 grad, minor & assc, Agenda Item WD"M 0 September 1'4, 200 Page 20 of 21 January 2, 2004 Site meeting in Immokalee to meet with Road Maintenance Supervisor. Discuss drainage and sidewalk placement along Immokalee Drive and Charlotte Street. Various minor adjustment made in field. January 19, 2004 Notice to Proceed issued on Fast Naples Area (Bid No. 1). January 20, 2004 Site meeting in Immokalee January 27, 2004 Site meeting in Immokalee. Discuss transition strip between pavement and new sidewalk along Immokalee Drive to reduce future maintenance costs. January 28, 2004 Meeting at St. Andrews area to walk site and mark sidewalk placement with contractor and Mike McGee. Discuss addition of "roll up" curb near culvert crossing at existing landscape area. Discuss addition of short sidewalk segments to provide more interconnection. February 4, 2004 Discussion and letter concerning transition strip alternatives along Immokalee Drive. Request pricing from contractor for alternates. Meeting in Naples Manor area with Road Maintenance Superintendent to walk through and make final adjustments for sidewalks. Discuss possible handrail addition or culvert extension along Texas Street. February 10, 2004 Meeting in Immokalee to review construction and maintenance concerns with brick ADA paver strip. Discuss various alternative including possible use of concrete template or embedded plastic strips. February 17, 2004 Meeting at Collier County offices to further discuss ADA transition strips. Decision made to use the plastic type- warning strip on all future areas. Immokalee Drive to be finished out with brick pavers on concrete bed for ADA compliance. February 24, 2004 Meeting at St. Andrews area to review construction March 1, 2004 Notice to Proceed issued for work under Bid No. 2 (Bayshore area). March 23, 2004 Miscellaneous E-mail correspondence with County staff concerning lmmokalee Drive Change Order and final closeout change order for overall project. (Note Executed Change Order issued on May 17, 2004). F'JOB'�Calliu Co. C0fltFb0&.CC(j T-jme Lim- CoUier County Puthwny PT*ct -doe CANON WED 16.14 RX 239 947 6783 grads minor & assc. Agenda Item No.ft/010 September 14, Page 21 of 21 March 30, 2004 Site visit to various locations to review status of construction. March 31, 2004 Notice to Proceed issued for Golden Crate area. April b, 2004 Site visit with Road Maintenance Superintendent in Golden Gate area to make final adjustments of sidewalks. April 20, 2004 Site meeting to review work in Naples Manor and discuss need to add asphalt transition strip at several driveway along Martin Street Review driveway aprons in Golden Gate area and add aprons at Pump Station driveway and park maintenance entry. April 27, 2004 Site meeting to review construction in Golden Crate area and Max Hasse Park. Make adjustments to sidewalk to best tic into existing sidewalk inside park. prepare punch list for contractor for remaining items to be completed. May 3, 2004 Letter of Substantial Completion issued for project with Punch List. May 17, 2004 Executed change order for lmznokalec Drive transition strip received. May 20, 2004 Meeting with contractor to begin final closeout change order for contract. June 10, 2004 Site visit made throughout project to verify punch list work. Minor items remaining. RIJOB\ColIicr Co. Conk cuYUCUMTime line - Collier County PaIwny Projw.doe Agenda Item No. 1682 September 14, 2004 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve A budget amendment to recognize grant revenue received from the Florida Communities Trust, Florida Forever Grant in the amount of $1,007,700 and appropriate within the Lely Mitigation and Livingston Greenways Projects. OBJECTIVE: To obtain the Board's approval of a budget amendment to recognize Grant Revenue received from the Florida Communities Trust, Florida Forever Grant in the amount of $1,007,700 and appropriate within the Lely Mitigation and Livingston Greenways Projects. CONSIDERATION: The Florida Communities Trust (FTC) Governing Board has provided to Collier County Transportation a Forever Florida Grant in the amount of $1,007,700 as a reimbursement of the 99 -acre Lely Area Stormwater Improvement Project mitigation site. The County acquired this parcel in August of 2002 for $2,750,000 The Grant provides for special conditions of the Lely Area Stormwater Improvement Project mitigation site contract include restoration of 68 acres of degraded natural areas, development of resource -based recreation facilities, installation of interpretive signage, and institution, if necessary, of a prescribed burn regimen. $707,000 is being used towards the Lely Mitigation Site and the balance of funds in the amount of $300,000 is being used for the Livingston Road Greenways Project. FISCAL IMPACT: A budget amendment is needed to recognize the revenue for each of these projects. Funds in the amount $707,000 for Lely Mitigation Site Project 690816, and $300,000 for the Livingston Road Project #690817 for a total of $1,007,700. Source of Funds are Grant Proceeds and have been deposited into the Transportation Supported Gas Tax Fund. GROWTH MANAGEMENT IMPACT: The Florida Forever Program rewards projects that demonstrate consistency with the local comprehensive plan. The implementation of the Comprehensive Pathways Plan is a directive of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: Approve the necessary budget amendments. -1 - A1,71.ja It— No I$B2 rice 2 of "c 1--. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS BMn N.— ---lun,— TNIl For Fl—G-1; 11 M App—d By Im Appml.d BY App—. By Appmv By App— BY Ifl-11 PM App-," By App—,4 BY bad ACxM 35 M Agenda Item No. 16133 September 14, 2004 Page 1 of 6 EXECUTIVE SUMMARY. Recommend to approve a Work Order # PBS — 02 - 38 for the installation of School Bus Shelters in Golden Gate Estates to Professional Building Systems, in the amount of $111,160 with Contingency. (Project # 450501) OBJECTIVE: For the Board to approve a Work Order # PBS — 02 — 38 to construct School Bus Shelters in Golden Gate Estates in the amount of $111,160 to Professional Building Systems. CONSIDERATION: On June 17, 2004, a letter of request for quotes for 10 School Bus Shelters was sent to three of the County vendors under RFP 02 -3349 General Contracting Services. Two quotes were received and Professional Building Systems (PBS) submitted the lowest quote per shelter being $15,880 each for ten (10) shelters totaling $158,800. This was a LAP Agreement Project, having a maximum reimbursement from the FDOT of $135,125. Staff contacted the School representatives and PBS and both have no objections to reduce the number of shelters to seven (7). PBS has agreed to construct only seven (7) of the ten (10) shelters at the Lump Sum Quote originally submitted of $15,880 each totaling $111,160. The seven (7) locations are as follows: 1. Golden Gate Blvd. & 2& Street N.E. 2. Golden Gate Blvd. & 201h Street S.E. 3. Everglades Blvd. & 2& Ave. N.E. 4. Everglades Blvd. & 20'h Ave. N.E. 5. Everglades Blvd. & 6`h Ave. N.E. 6. Everglades Blvd. & 6`h Ave. N.E. 7. 39`'' Street & 15'h Ave. S.W. N.E. Corner S.W. Comer S.E. Corner N.W. Comer S.E. Corner N.W. Corner S.E. Comer FISCAL IMPACT: Funding will come from Fund 313 Gas Tax Reserves and will be reimbursed by the LAP funds upon completion of the shelter installations and submittal of the required documentation to FDOT. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board approve a Work Order # PBS — 02 — 38 to Professional Building Systems, in the amount of $111,160.00 and allowing for a contingency of ten percent (10 %) being $11,116. Ag-jalt—N. !389 !A ZX. "'g. 2 of 0 COLLIER COUNTY sc_S OF coumTY COW13340NER3 XMw S— V R• 'N— "LS - El^ - M 9 X 1; PrepirN By -ire T. 11:Y1 1262.. a.3d.la PM Appd By P__ Im wppnred B) A- App.led BY A"d By Appr.-d BY 2 12 If P. Appnred By E 1—, 1 kppm," BY A- App.,,d By Apped By PM App—ld BY Agenda Item No. 113B3 September 14, 2 04 Page 3 f 6 «•ORK ORDER # PBS - 02 - 38 Agreement for General Contracting Services Dated: August 26, 2004 (RFPBid 02 -3349) This Work Order is for Professional Gcncial Contracting Services for work known as: Installation of Rural School Bus Shelter Sites in Golden Gate within the R/W. Project Name: Construction of Rural Bus Shelters in Golden Gate Estates Project No: 313-163673-763100-450501 The work is specified in the proposal dated .June 30, 2004, which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order PBS 02 - 38 is assigned to: Pmfc.sinnal Building Systems Scone of Work: As detailed in the attached proposal and the following: * mask I - Construct SJiool Bus Shelters as per the Site Plan from McGee & Associates Dated 05.%04 having Revision dates of 06/04 & 06/15/04 and as per the Letter of Quote Dated June 17. 2004. Schedule of Work: Complete work within 90 days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with following method(s): Negotiated Lump Sum Lump Sum Plus Reimbursable Costs Time & Material (established hourly rate - Schedule A) Cost Plus Fixed Fee, (Quote is for LS Amount Per Fach Site Per Plan) as provided in the attached proposal. Task I 513.880.00 A. Per Fach Site Per Plan Sites 101 AI- FLL 511 1,160.00 Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the original Contract Agreement. PREPARED BY: J Val Prince, Prx)ject Tanager Date APPROVED BY: TO & Alternative I raffic Nlodes Department Director Date APPROVED BY: I mnsp,�riation :Administrator Date ATTEST: BOARD OF COI JNTY COMMISSIONERS Dwight E. Brock, Clerk Collier County, Florida By: By. Deputy Clerk Donna Fiala, Chairman ATTEST: (Corporate S r ry) / By: (Print Name/Title) Approved as to Form and Legal Sufficiency: Assistant County Attorney Prufessio Biji.ldin2 Svstems By. / t COLLIER COUNTY GOVERNMENT TRAFFIC OPERATIONS & ALTERNATIVE TRANSPORTATION MODES LANDSCAPE MAINTENANCE June 17, 2004 Mr. Bart Zino, Vice President Professional Building Systems 4395 Corporate Square Naples, Florida 34104 RE: Required Three Quotes for Installation of 10 School Bus Shelters RFP 02 -3349 General Contracting Services Mr. Zino: Agenda Item No. 16133 September 14, 2004 Page 4 of 6 2705 S. HORSESHOE DRIVE NAPLES, FL 34104 (239) 213 -8192 FAX (239) 213 -5899 This office is requesting a written quote from your firm for the installation of 10 Bus Shelters at various locations in Golden Gate Estates. The shelters by RCP Shelters with bench, bike rack, and waste container will need to be permitted by Development Services, ordered, and installed at the locations indicated on the plans from McGee & Associates having revision date June 15, 2004. General County Responsibilities are: • Will purchase and provide the Contractor an approved RIW Permit • Will pay for the Building Permit Fees • Shall prepare a Work Order, issue a Purchase Order, and provide the Contractor with a "Notice to Proceed" Letter • Services During Construction for the sites will be provided by McGee and Associates General Contractor Responsibilities are: • To order all materials as indicated on the plans from McGee & Associates of the installation of the shelters • Apply and receive all necessary Building Permits • Install the shelters at the different location sites as indicated on the plans • Provide a total and completed Unit Price per shelter • Shall call for locates prior to installation and place each shelter at an agreed upon location • Shall sign a Work Order • All damaged areas caused by the construction shall be properly restored • Shall meet Collier County M.O.T. Policy • Complete all work on time and at indicated Unit Costs • Provide "As- Builts" to McGee & Associates Administration ♦ Landscape Operations # Pathways ♦ Traffic Operations See below for the site locations: 1. Golden Gate Blvd. & 201h Street N.E. N.E. Corner 2. Golden Gate Blvd. & 20`' Street S.E. S.W. Corner 3. Golden Gate Blvd. & 12" Street N.E. N.E. Corner 4. Golden Gate Blvd. & 12`" Street S.E. S.W. Corner 5. Everglades Blvd. & 20`h Ave. N.E. S.E. Corner 6. Everglades Blvd. & 201h Ave. N.E. N.W. Corner 7. Everglades Blvd. & 6" Ave. N.E. S.E. Corner 8. Everglades Blvd. & 6`h Ave. N.E. N.W. Corner 9. 39`x' Street & 15`h Ave. S.W. S.E. Comer 10. Logan Blvd. & Coral Wood Drive S.E. Comer Agenda Item No. 1683 September 14, 2004 Page 5 of 6 V JUL 1 _ 2004 ;portalion Operations _ATN1 Dent Award shall be made to the lowest, qualified, and responsive respondent. The County reserves the right to award this contract through an approach which best serves the interest of the County. A Purchase Order will be issued and a "Notice To Proceed" will be provided to the Contractor to commence installation of the School Bus Shelters. Please submit your sealed quote by the end of the business day on July 2, 2004, in the following format. Location Site Per Plan Site Per Plan Site Per Plan Site Per Plan Site Per Plan Site Per Plan Site Per Plan Site Per Plan Site Per Plan Site Per Plan Site # Unit Price /Lump Sum Per Site I $ 1 3 g� . 2 3 4 5 $ i5�ytr�. 6 8 9 P(Lt% {{ 5-s 10 N q L- b� � Total Price for all ten (10) sites installed per plan (Quote price shall be inclusive of all costs.) After NTP, Number of Calendar Days required to Final Completion (FDOT LAP Funding is involved — All work shall be completed on or before December 31, 2004.) Should you have any questions, please contact the office at 239.213.5879 or cell phone 239.253.2325. Respectfully, Cxv Val Prince, Project Manager Cc: Charlene Hoglund, Purchasing Department Lisa Hendrickson, Management/Budget Analyst McGee & Associates Administration ► Landscape Operations ♦ Pathways ♦ Traffic Operations Jul 02 04 03:39p Wm J Varian WM 239-775-1178 Fax 239- 732 -0820 VARIAN CONSTRUCTION CO. General Contractor July 2, 2004 Mr. Val Prince Project Manager Collier County Government Traffic Operations 2705 Horseshoe Drive Naples, FI 34104 Fax # 213 5899 Re: RFP 02 -3349 10 School Bus Shelters Agenda Item No. 16B3 September 14, 2004 Page 6 of 6 We are pleased to provide you with a proposal for the work as shown on tli' mans t McGee & Associates Dated June 15, 2004 Location Site Unit Price /Lump sum_ G.G. Blvd & 20'h NE 1 $23.165.00 G.G. Blvd & 20a' SE 2 $23.165.00 G.G. Blvd 7 12'h NE 3 $23,165.00 G.G Blvd & 12'h SE 4 523.165 -00 Everglades & 20'h NE 5 $23,165.00 Everglades & 20'h NE 6 $23.165.00 Everglades & 6'h NE 7 $23.165.00 Everglades & 6`h NE 8 $23,165.00 39'h St & 15'h 9 $23,165.00 Logan & Coral Wood 10 $23.165.00 Total for all ten (10) sites installed $221,650.00 Lump stun price reflects discount if all ten are contracted Number of Calendar days required to final completion 90 da„ Thank you, William J. Varian, CGR CAPS President This Proposal is good for 30 days 04 -105 ;Sjo3 +?s 1400 Blue Point Ave. #102 • Naples, Fl 34102 www.varionconstruction.com Agenda Item No. 16134 September 14, 2004 Page 1 of 27 EXECUTIVE SUMMARY Recommendation to approve a Developer Contribution Agreement related to the acquisition of right -of -way required for the construction of improvements to Rattlesnake Hammock Road between Polly Avenue and Collier Boulevard consistent with the Development Commitments of the Mandalay PUD - Project No. 60169 - (Fiscal Impact: $680.00) OBJECTIVE: To obtain the right -of -way required for the construction of four -lane improvements (ultimate six lane configuration) to Rattlesnake Hammock Road from Mandalay Development, LLC, consistent with the Mandalay PUD. CONSIDERATIONS: The Mandalay PUD document (Ordinance No. 03 -49, as amended) required the developer (among other things): 1. To dedicate a minimum of 17.5 feet of right -of -way to Collier County, and to receive road impact fee credits in exchange for said dedication in accordance with the provisions of Subsection 2.2.20.3.7 of the Land Development Code; 2. To provide compensating right -of -way without cost to Collier County as a consequence of any required turn lane improvement requiring the use of an existing County right -of- way or easement; and 3. To contribute an amount of $23,835.00 to the Collier County Board of County Commissioners upon the issuance of the first building permit in lieu of the construction of a sidewalk and bike lane along Rattlesnake Hammock Road. The Developer is further required, under the provisions of Ordinance No. 93 -64, as amended, to construct a turn lane serving the project at its own expense; and if that should occur prior to the improvements to Rattlesnake Hammock Road, then the County would be obligated to replace the turn lane at its expense. However, in view of the short time span between the completion of the Mandalay project and the commencement of the roadway improvements, rather than pay for the construction of two turn lanes, it makes more sense to hold off building a single turn lane until the permanent Rattlesnake Hammock Road roadway improvements are underway, and for the developer to reimburse the County for the expense involved, which amounts to $14,441.00. The value of the 17.5 feet of right -of -way along the project's frontage (above) has been determined in accordance with the provisions of Subsection 2.2.20.3.7 of the Land Development Code (by a real estate appraiser from the list of County- approved appraisers) at $71,730 (0.7970 acres of right -of -way at $90,000 per acre). Subtracted from this amount, is the value of the compensating turn lane right -of -way ($7,200), the payment in lieu of the construction of a sidewalk and bike lane ($23,835.00), and the payment in lieu of the construction of the said turn lane ($14,441.00), all of which are referred to above. The total Road Impact Fee Credit, therefore, to which the developer is entitled, and which is established by virtue of the attached Developer Contribution Agreement, is $26,254.00. Agenda Item No. 16134 September 14, 2004 PagF2g@ 2of 27 In addition to the 17.5 feet of right -of -way required for the roadway improvements, a 20 foot wide drainage easement across much of the property's frontage is also required for conveyance of off -site stormwater from properties located to the north of and to the west of Mandalay to culverts being installed under Rattlesnake Hammock Road located near the southeastern corner of the Mandalay development. An open ditch will be constructed by the County within this drainage easement, which is being conveyed to the County at no charge via the plat dedications for the project. FISCAL IMPACT: Impact fee credits of $26,254.00 will be used to acquire the right -of -way. The fiscal impact in terms of expenditure from funds will amount to $680.00 for estimated recording fees and title insurance costs. Funds in the amount of S680.00 are budgeted in the Transportation Supported Gas Tax Fund and Impact Fee Fund. Source of Funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the construction of four -lane improvements (within a six -lane footprint for future expansion) on Rattlesnake Hammock Road, this purchase is consistent with the Collier County Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners of Collier County, Florida: 1. Approve road impact fee credits in the amount of $26,254.00 to Mandalay Development, LLC, for fee simple conveyance of the property described in the legal sketches and descriptions contained in Exhibit A; 2. Authorize its Chairman to execute, on behalf of the Board, the attached Developer Contribution Agreement (DCA) for the issuance of said road impact fee credits; 3. 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; 4. Accept the right -of -way conveyance instruments as provided under the DCA; and 5. Authorize any and all budget amendments which may be required to carry out the will of the Board. COLLIER COUNTY .0^RD IF CO—SSI"-RS ~~,_~~ `-,� °-1 By �~~.~°°�.~~� ^=_�By ^pp.�By ~~~~_. ^pp~^~ "� .~~..°.. ^=—Ed By �M—d By ^,P~-B, ^,,~-d", =~r.'"~ Ipp-d By App�d* ,`~. .'~ ^"~�By ^ Ipp~w ^=~Mw ^pp~," By Agenda Item No. September 14, Page 4 DEVELOPER CONTRIBUTION AGREEMENT THIS DEVELOPER CONTRIBUTION AGREEMENT ( "Agreement ") is made and entered into this _ of , 2004, by and between MANDALAY DEVELOPMENT, LLC, a Florida limited liability company, duly organized and authorized to conduct business in the State of Florida (hereinafter referred to as "Developer"), whose address is 4158 Lorraine Avenue, Naples, Florida 34104, and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County'7. All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13. RECITALS: WHEREAS, Developer is the owner of approximately 28.06 acres of land located in Collier County, Florida, which is the site of the Mandalay Planned Unit Development (the "PUD "). The Legal Description of the PUD is attached to this Agreement as Exhibit "A," together with a map of the PUD; and WHEREAS, the current Planned Unit Development Document for Mandalay (the "PUD Document ") was approved by the Collier County Board of County Commissioners on September 23, 2003, Ordinance No. 200349; and WHEREAS, Section 5.8 of the PUD Document provides that Developer shall dedicate certain specified right -of -way in exchange for impact fee credits; and WHEREAS, in furtherance of Section 5.8 of the PUD Document, Collier County is requiring Developer to dedicate the lands described in Exhibit "B," attached hereto and made a part hereof, identified as the Rattlesnake Hammock Road Project Parcels No. 104, 105, 107 and 109 (hereinafter collectively referred to as the "Dedicated Land "); and WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the plan for dedication and impact fee pre- payment as set forth in this Agreement ( "Proposed Plan") is in conformity with contemplated improvements and additions to the County's transportation network; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board finds that: a. The Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; and b. The Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth- necessitated capital improvements and additions to the County's transportation system; and C. The Proposed Plan is consistent with the Comprehensive Plan, the public interest, and with the most recently adopted five -year capital improvement program for the County's transportation system; and WHEREAS, Developer has paid the Two Thousand Five Hundred Dollars ($2,500.00) application fee for this Agreement. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: Page 1 134 27 4J Agenda Item No. B4 September 14, 127 44 Page 5 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Developer shall convey the Dedicated Land to the County in fee simple, free and clear of all liens and encumbrances, by Statutory Warranty Deed, the general form of which is attached hereto as Exhibit "C ". County will be responsible for paying the costs of any title work and searches, and Developer shall be responsible for all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work. Developer will provide the Office of the County Attorney with the executed deed, suitable for recording, within thirty (30) days of the execution of this Agreement. Upon receipt, the County shall record the deed in the Public Records of the County and shall assume the costs associated with the recordation. 3. Prior to providing the executed deed, Developer will provide an attorney's opinion identifying the record owner of the Dedicated Land, setting forth the authority of the record owner to enter into this Agreement, and identifying any lien holders having a lien or encumbrance on the Dedicated Land. The opinion will specifically describe each of the recorded instruments under which the record owner holds title, each lien or encumbrance, and cite appropriate recording information and incorporate by reference a copy of all such referenced instruments. The opinion will further set forth the legal authority of Frank W. Cooper to execute this Agreement on behalf of the Developer. 4. The parties acknowledge that the conveyance of the Dedicated Land is characterized as property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right of way. 5. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act- 6. The credit for Road Impact Fees identified herein shall run with the Mandalay Planned Unit Development land and shall be reduced by the entire amount of each Road Impact Fee due for each Building Permit issued thereon until the Development project is either completed or the credits are exhausted or otherwise no longer available, or have been assigned by operation of or pursuant to an assignment agreement with County. The foregoing reduction in the Road Impact Fees shall be calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit is issued. The credits set forth herein shall be applied solely to Road Impact Fees, and shall not offset, diminish or reduce any other charges, fees or other Impact Fees for which the Developer, its successors and assigns are responsible in connection with the development of their lands. It shall be Developer's obligation to notify County that a credit is available each time a Building Permit is applied for. Developer may also apply credits for Road Impact Fees towards the first 50% payment required under Division 3.15 of the Land Development Code to obtain Certificates of Public Facility Adequacy. The duration or availability of credits pursuant to this Agreement shall be for a period of five (5) years from the date of the recording of the deed. 7. It is expressly understood and agreed that the burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement, and that the Developer may freely assign or transfer the Road Impact Fee credits to successor owners of all of part of the Mandalay Planned Unit Development, including successor owners of out parcels. The Road Impact Fee credits granted herein for the Mandalay Planned Unit Development shall not be assigned or otherwise transferred to another development except as provided for in Collier County Consolidated Impact Fee Ordinance. 8. Based on an independent appraisal of the Dedicated Land, the amount of the Road Impact Fee credits to be granted under this Agreement is TWENTY -SIX THOUSAND TWO HUNDRED Fwl Y -FOUR DOLLARS ($26,254.00). This credit has been calculated after taking into consideration the value of the Dedicated Land [SEVENTY -ONE THOUSAND SEVEN HUNDRED THIRTY DOLLARS ($71,730.00)], less (1) the value of compensating right -of -way for the construction of a turn lane [SEVEN THOUSAND TWO HUNDRED DOLLARS ($7,200.00)1; (2) payment in lieu of the construction of said turn lane [FOURTEEN THOUSAND FOUR HUNDRED FORTY -ONE DOLLARS ($14,441.00)1; and (3) payment in lieu of the construction of a sidewalk and bike lane [TWENTY -THREE THOUSAND EIGHT HUNDRED THIRTY -FIVE DOLLARS ($23,835.00)], all of which the Developer agrees are Page 2 Age -da item No. B4 September 14, 04 Page 6 27 valid and required costs. Attached hereto as Exhibit "D" is a copy of the Impact Fee Ledger, setting forth the amount of Impact Fee Credits granted pursuant to this Agreement. 9. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or its successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 10. The performance and execution of this Agreement shall be carried out in conformance with the Risk Management Guidelines established by the County's Risk Management Department as more particularly described in Exhibit "E" attached hereto and incorporated herein by reference. 11. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 12. Except as otherwise provided herein, this Agreement shall only be amended or cancelled by mutual written consent of the parties hereto or by their successors in interest. 13. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to Developer upon request. 14. In the event of a dispute under this Agreement, the parties shall first use the County's Altemative Dispute Resolution Procedure as described in Exhibit "F'. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 15. Any future reimbursement for excess credits shall come from future receipts by the County of Road Impact Fees. However, no reimbursement shall be paid until such time as all development, as defined by the Transportation Administrator and/or Public Services Administrator, at the location that was subject to the credit has been completed Such reimbursement shall be made over a period of five (5) years from the completion of the development. 16. . An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA, By. , Deputy Clerk By: DONNA FIALA, Chairman Page 3 Agenda Item No. V27 4 September 14, 4 Page 7 AS TO DEVELOPER: Signed, sealed and MANDALAY DEVELOPMENT, LLC, a delivered in the presence of: Florida limited liability company By: F C Properties, , a Florida corporation as Managin ember By: Sign Frank W. Cooper, President ' DONJA ( ;R EN Prin ame Sign tore Printed Name ATE OF FLORIDA C OF COLLIER The foregoing instrument was acknowledged before me this � 4r1+ day of 4 2004, by Frank W. Cooper, President of F C Properties, Inc., a Florida corporation, as Managing Member, on behalf of MANDALAY DEVELOPMENT, LLC, a Florida limited liability company, who is personally known to me or has produced FLd,Lz►k b4r-'. is Lzcrutrc as identification. t40• ciG� - 2'�4- ss -4GS -o as to Legal Form and Sufficiency: Attorney Notary Public Print Name: ••" ' Robert M Bosch My Commission Ezpir. � fizakm Am 16 . ZW8 Page 4 Agenda Item No. V134 September 14, 04 Page 8 27 LIST OF EXHIBITS ATTACHED TO AGREEMENT Exhibit "A" Legal description and graphic rendering of Mandalay PUD. Exhibit "B" Legal description and graphic rendering of the Dedicated Lands. Exhibit "C" Warranty Deed Form. Exhibit "D" Impact Fee Credit Ledger. Exhibit "E" Collier County's Risk Management Guidelines. Exhibit "F' Collier County's Alternative Dispute Resolution Procedure. ! r i 1 1 1 rl 1 1 II r q nr it i !I I 1 1 111 1 If 1 I 11 iq • `.it a� Hip g „gda Item No. 1 EXHIBIT piplember 14, PSgGL O Page 9 c N M M xy � rwrrwr r wr pu IS low Qe11 Ii 1SG a� x It Ise Y u W � F- cc � �-..ii #**a r we 127 r� y=j A 3 � �jj�y egg gas a► ” p z o � U c_ via pi � G ai� N trC o I N M M xy � rwrrwr r wr pu IS low Qe11 Ii 1SG a� x It Ise Y u W � F- cc � �-..ii #**a r we 127 SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. too PROPERTY OWNER: 808ay c Arm THEWA MCLEAN REFERENCE. op- 1 40.1 1715 -1716 STRAP NO.. f�02616079.f1005816 AREA OF TAKE: mu Amu AREA OF REMAINDER. Un So. FT. t ti W N 2 LO 0 In a 0 O U h CD cp b I ;. c V I N IS 1 � I a � m ag ssCL d J fD fD + a �W b� 4 R spo0� P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT —OF —WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: Nou Mi irHO & :00 on B.. Pmcsadnoel ett�faeen, plenaen, ! Lnd wur y rw fsr n..y, tbe. Rea 'r ee n.f..t bW. Rr0( N. k , n euw ("' wr-stu w n� err tu. fne ■rr� esw. t.ea �b.a n ru fniPr► -uu e.ra.a .t i.o.edn.. w.. to wn w a ww ras pu?w -aa enda Item No, J3134 September 14, 04 77te 10 V27 xioo�- SCALE 1" = 80' P.O.B. I w trvs'i� c I EXHIBIT -� Page 1 7of-- "q!"" �1A I i 0 1 I 1 j I 1 I I, Z ^1 I � y W P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT —OF —WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: Nou Mi irHO & :00 on B.. Pmcsadnoel ett�faeen, plenaen, ! Lnd wur y rw fsr n..y, tbe. Rea 'r ee n.f..t bW. Rr0( N. k , n euw ("' wr-stu w n� err tu. fne ■rr� esw. t.ea �b.a n ru fniPr► -uu e.ra.a .t i.o.edn.. w.. to wn w a ww ras pu?w -aa enda Item No, J3134 September 14, 04 77te 10 V27 LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 :SCRIPTION: PARCEL 104 BY: GEORGE W. HACPEY, P.S.M.-NO. 5606 SCALE: I' - 80' DATE: SEPT. 26. 2003 DRAWN BY: JAN PROJECT NO.: 8315 ACAD NO:8668 -SD8 FILE NO: 8668 SCALE 1" = 80' I EXHIBIT -� Page 1 7of-- "q!"" �1A I i I 1 j I 1 I I, I � y W p i 2 Iii <N$ 0.� h j I e I c 2q I^ o N d' I I III I 1 ' I 1 Hal 0 f1 A, 90UTfaw 11010Q =WN 14 7w. Be J. ROC b E LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 :SCRIPTION: PARCEL 104 BY: GEORGE W. HACPEY, P.S.M.-NO. 5606 SCALE: I' - 80' DATE: SEPT. 26. 2003 DRAWN BY: JAN PROJECT NO.: 8315 ACAD NO:8668 -SD8 FILE NO: 8668 Agenda Item No. September 14, —fie 11 SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA EXHIBIT 13 LEGAL DESCRIPTION OF PARCEL 104 ALL THAT PART OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY FLORIDA LYING NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' RIGHT OF WAY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16; THENCE SOUTH 89'13'46" EAST ALONG THE SOUTH LINE OF SAID SECTION 16 AND ALONG THE CENTERLINE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) A DISTANCE OF 659.27 FEET; THENCE LEAVING SAID SOUTHERLY LINE AND LEAVING SAID CENTERLINE NORTH 0"46'14" EAST A DISTANCE OF 50.00 FEET TO THE SOUTHWEST CORNER OF THE BOBBY C. AND THELMA MCLEAN PROPERTY AS RECORDED IN OFFICIAL RECORDS BOOK 1340, PAGES 1715 AND 1716 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE SOUTH 89'13'46" EAST ALONG THE SOUTHERLY LINE OF SAID BOBBY C. AND THELMA MCLEAN PROPERTY AND ALONG THE NORTHERLY LINE OF SAID RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 231.80 FEET TO THE SOUTHEASTERLY CORNER OF THE AFORESAID MCLEAN PROPERTY; THENCE LEAVING SAID SOUTHERLY LINE AND LEAVING SAID NORTHERLY LINE NORTH 0'03'46" WEST ALONG THE EASTERLY LINE OF THE AFORESAID MCLEAN PROPERTY A DISTANCE OF 17.50 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 89'13'46' WEST ALONG A LINE 17.50 FEET NORTHERLY OF AND PARALLEL TO THE AFOREMENTIONED NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 231.80 FEET TO THE WESTERLY LINE OF THE AFORESAID MCLEAN PROPERTY; THENCE SOUTH 0'03'25" EAST ALONG THE WESTERLY LINE OF THE AFORESAID MCLEAN PROPERTY A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.093 ACRES OF LAND MORE OR LESS; xou IM Hull iisii UNDAGE,.e rrorawa.� �npawr.. yLnn�n, t Lad .ur+pon oar. ors wr n4 sw u.� swa w.w w�. n wM S.u�.r _-.u. �u u e�.+�wr r i.s.�rrMa rr u wt ..� � nw ►r MU LEGAL DESCRIPTIOWAND" SKETCH SHEET 2 OF 2 BY: SCALE; N.T_S. DATE GFPT. 26, 203 DRAWN BY. JAN PRO ECT NO.: 8315 ACAO NO: 8669 -SDB FILE NO: A66A 27 Agenda Itern I \Io, September 14, Paqe 12 SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST PARCEL NO. I03 COLLIER COUNTY, FLORIDA _ PROPERTY DNNER: BOBBY c AND TMUA REFERENCE: O.R. 1340. P0S_ +7+t +7+■ S7RAP NO.: sM12019.O mia I i I SCALE: t" = 80+ AREA OF TAKE: O.19a ACRES AREA OF REMAINDER: xmz SO_ yr t 1 R I 1 M WA 1 9 I I EXHIBIT I3 BOBBY G AND 7NaMA MCLEAN O.R. BOQK 33�, PAGES W2 1NRU 135 STRAP t I 't, 1 I - - - -+ I 1 Page O f c' / 302a760Y1.0005W6 I ch 1 I ck «i g 1 1 I I 1 IT- >s > � d ul I N pp� W I�t9R� cc ci 4' �B►q 1 t n�$ Q. lyl N 0 a � I I � �N d H + + I w 1 I 1 I I ti I �A� 1 I I 1 BOBBY C. AND 711SAM MCL Mf t d I I O.R BOOK 13 PAGES 1715 7NM 1716 I r It I I snrAP / aosetaorsa.000sera i ` f i w t 3 11 P.O.C. = POINT OF COMMENCMENT pQ� P.O.B. = POINT OF BEGINNING sTA. t LI2b0 R.O.W. = RIGHT —OF —WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 105 :::5 w.■ NOU CLIENT: COWER COUNTY T5ANSP ORTATION DIWSION uo ■...� iiiii MUNI 1/6/04 BY: W. HAM" " P.S.M. NO. 5606 i1PIDAGE,ra i'I`II1am t tans s+mgon SCALE: 1' - 80' DATE:SFP n~ �+ or Lm n.ft " t� ww «4 tw 2—b w.ra Ins ibw n rra ;�u� DRAWN BY: JAN PROJECT PROJECT NO.: 83155 r 1iO� -'w ° "" —4 0 n" P— n''u' "" ACAD NO: 6668 -1M9 FILE NO: 8668 M WA Agenda Item N0. September 14, Page 13 SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA EXHIBIT e LEGAL DESCRIPTION OF PARCEL 105 ALL THAT PART OF THE SOUTH 1/2 OF THE SOUTHWEST .1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LYING NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' RIGHT OF WAY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16; THENCE SOUTH 89'13'46" EAST ALONG THE SOUTH LINE OF SAID SECTION 16 AND ALONG THE CENTERLINE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) A DISTANCE OF 891.07 FEET; THENCE LEAVING SAID SOUTHERLY LINE AND LEAV'iNG SAID CENTERLINE NORTH 0'46'14" EAST A DISTANCE OF 50.00 FEET TO THE SOUTHWEST CORNER OF THE BOBBY C. AND THELMA MCLEAN PROPERTY AS RECORDED IN OFFICIAL RECORDS BOOK 1340, PAGES 1715 AND 1716 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE SOUTH 89'13'46" EAST ALONG THE SOUTHERLY LINE OF SAID MCLEAN PROPERTY AND ALONG THE NORTHERLY LINE OF SAID RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 493.61 FEET TO THE SOUTHEASTERLY CORNER OF THE AFOREMENTIONED MCLEAN PROPERTY; THENCE LEAVING SAID SOUTHERLY LINE AND LEAVING SAID NORTHERLY LINE NORTH 0'02'46` WEST ALONG THE EASTERLY LINE OF THE AFOREMENTIONED MCLEAN PROPERTY A DISTANCE OF 17.50 FEET; THENCE LEAVING SAID EASTERLY LINE NCRTH 89'13'46" WEST ALONG A LINE 17.50 FEET NORTHERLY OF AND PARALLEL WITH THE AFORESAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 493.62 FEET TO THE WESTERLY LINE OF THE AFOREMENTIONED MCLEAN PROPERTY; THENCE SOUTH 0'03'46' EAST ALONG THE WESTERLY LINE OF THE AFOREMENTIONED MCLEAN PROPERTY A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.198 OF AN ACRE OF LAND MORE OR LESS; LEGAL DESCRIPTION `AND SKETCH . SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL.105 CLIENT: COWER COUNTY SP T ON DIVISION Mal BY:- iiiain k 1/6/04 OR W.. H KNEY. P.S.M. N0. 5606 r�s UNDAGE,wc Prlt-= SCALE -..N:T.S. DATE:SF-PT_ 26. 2003 ORA* BY: JAN PROJECT NO.:_ x.3.1$ ACAD NO: 8668 -509 FILE N0: 8668 27 Agenda Item No. September 14, Page 14 SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL N0. 107 EXHIBIT B PROPERTY ONNER.- 30511Y c. AND 311UMA Maw SEE SHEET 2 OF 3 P8 G 8 S REFERENCE: o.R. 334. acs. 132 -133 MATCHUNE aaz.0f Cr ` STRAP NO.. 50261602t.0005816 AREA OF TAKE: 0.396 AMs I AREA OF REMA(NDER: )ocbt AcrtEs t S I t + I I 0 SCALE. 1 " = 80' ; $ I �s I I fE N kn rA lit kn a I t a z O J1yl L t 7.60' —t 8 Qt r\ Lf 1 � { 13 4 t n_ 4y P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT —OF —WAY I n 14 1 d I 7A0'K7�'E 1 ii 1 ' 'Ax � a� �� o 1 a I �a 1 N I I I I 1 P.0.r— � I NAL 9r E LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 3 our CUENT: COWER COUNTY TRANSPORTATION DIMSION ha NOU uo sun ER Jc BY: 1/6/04 0 W. HACKNE P.S.M. NO. 5606 AGE,� IIND AG .- k SCALE. I' - 80' DATE SFPT. 26. 2001 nor .tp rr Ma far 2.671 —0. L. �a ww. lei. ur >v►7 w,..� DRAWN BY- JAN PROJECT NO.: 8315 o.er.w r rr� M— 33 rw r s rr r.o fwz ACAD N0: 8668 —SD10 FILE N0: 8668 0 27 Agenda Item No. 1134 September 14, 04 Paoe 15 27 SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. my PROPERTY OWNER: BONY r AND THE1_uA EXHIBIT $ un EAN REFERENCE. ° , Pale � _ STRAP NO.: 5261�6,0.2. 1°_m� n sae —i — AREA OF TAKE: o.395 AcREs AREA OF REMAINDER: )0= AMES t 1 f SCALE: 1" = 80' N N 1 I � CL I x Y K'. R + < N 1 1,4 I R C=y O 1 jN $ I 1 1 I ti W I 1 i dQO� N W S Id I Q �+ ' !n I Ln W Z o ny 0 i N gig V)j a �S , N (Yj �I � I r V MHUNE SEE SHEET f OF 3 P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT -OF -WAY LEGAL DESCRIPTION ANA. SKETCH SHEET 2 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 107 CLIENT: COLLIER COUNTY "TR SPORTATIOP! ON ■ was NOU i �e■■ SR dt BY- E: W.ACKNEY, P..S.M. NO. 5606 tI6I0'� • ■ ■N■ ■■■w■ AGE w Aet..Na■.t .nda«n. rhos: R s Lad samyo . SGALE: 1" s 80' DATE-SEPT, 26. 2003 ar arw wr. a► +«. n..r a.a ■.�r ■.w.. ftwp '" e.u■w r`""b,e► wu� w'u w a s aw n rws� n ++ir DRAWN BY: JAN PROJECT NO.: _$,3.15 ACAD NO? 9§68 —SD10A FILE NO: 8668 Agenda item No. September 14, Page 16 SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA EXHIBIT e Page, 7 of LEGAL DESCRIPTION OF PARCEL 107 ALL THAT PART OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 16. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LYING NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' RIGHT OF WAY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16; THENCE SOUTH 89'13'46' EAST ALONG THE SOUTH LINE OF SAID SECTION 16 AND ALONG THE CENTERLINE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) A DISTANCE OF 1384.69 FEET; THENCE LEAVING SAID SOUTHERLY LINE AND LEAVING SAID CENTERLINE NORTH 0'46'14" EAST A DISTANCE OF 50.00 FEET TO THE SOUTHWEST CORNER OF THE BOBBY C. AND THELMA MCLEAN PROPERTY AS RECORDED IN OFFICIAL RECORDS BOOK 334, PAGES 132 AND 133 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE SOUTH 89'13'46' EAST ALONG THE SOUTHERLY LINE OF SAID MCLEAN PROPERTY AND ALONG THE NORTHERLY LINE OF SAID RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 986.35 FEET TO THE SOUTHEASTERLY CORNER OF THE AFOREMENTIONED MCLEAN PROPERTY; THENCE LEAVANG SAID SOUTHERLY LINE AND LEAVING SAID NORTHERLY LINE NORTH 0'06'40" WEST ALONG THE EASTERLY LINE OF THE AFOREMENTIONED MCLEAN PROPERTY A DISTANCE OF 17.50 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 89'13'46" WEST ALONG A LINE 17.50 FEET NORTHERLY OF AND PARALLEL TO THE AFORESAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 986.33 FEET TO THE WESTERLY LINE OF THE AFOREMENTIONED MCLEAN PROPERTY; THENCE SOUTH 0'02'46' EAST ALONG THE WESTERLY LINE OF THE AFOREMENTIONED MCLEAN PROPERTY A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.395 ACRES OF LAND MORE OR LESS; LEGAL DESCRIPTION . AND SKETCH SHEET 3 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 107 CLIENT: COWER COUNTY TRANSPORTATION DIVISION �o� NOLI .vu 9Y; woo BR k Swn 1/6/04 GEORGE W.,: A' CNEY, P.S.M. NO. 5606 t knd rump SCALE:. N.T.S. DATE:SEPT. 26. 2DQi nr. o� wr. sw, r.w f.r.r ars. rwer avu% n our�.0 ,u n.a w.� n ria feu u DRAWN BY: JAN PROJECT NO.:_ 8315 d n +w "` ( ACAD NO: 8668 —SO10A FILE NO: 8668 UM EXH1BiT__A�gge�4 Item No. P8 a F'�E?ti�er 14, Q ,w„��VoOi(T . l.� '_9e 17 SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. '" —===2—z--= OWNER: TREVA KAY MCLEAN SCALE. 1" = 80' REFERENCE. O.R. 2513 PG 2542 STRAP NO.: cn2R +Rn2z nan4!le AREA OF TAKE: a I to ACRES 1 AREA OF REMAINDER: x xx ACRES t O I hm I I 1 — - --o-j I asst z------ �' �2- O— FQ8 b G� W g $ I{ as I jib • S III VIP- hr _ \. LO hufpo + N N e 4 ir^ HEST UK d scu"A ST OVARTER Or WUDKA$T OUARJER < SECTION f4 rlV. 90 i. ROE M E N tf So01 .or EASr uK or swrdmr wAN sECAON IC M. so t. ROE 7! E < g 3 I +- Q lo N ± * N M� I W to N zW N +!g 5 ± fl N p Q ( U 2 N 1 kn CLd < 1 h Z d 2 + l� yNit m ��ii ' J yJl W y31 a 4 N P.O.C. = POINT OF COMMENCMENT P.O. —STA.—I-83-+b w P.O.B. = POINT OF BEGINNING 250 WE as E R.O.W. = RIGHT -OF -WAY L;-:GAL DESCRIPTION AND SKETCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY. DESCRIPTION: PARCEL 104 CLIENT: COLLIER COUNTY TRANSPORTATION IVISION . iis� DLI ER k �' OR E W.- HACKNEY,'P.S.M. N0. ' 5606 1/15/04 us��• ■��s�a uNDAGB,w p,aar...lanW ,ng,s,TS, Planns,.s, k land snrnywo SCALE: 1` 80'. DATE: SFPT. 26. 2003 w. a.wa ,,., s... "a T."ea n.a R..4 sob- 1N G M FM. U4 t1« W7 �11M. M IVA. /L 7M« o.uew .r Aa.�..I..u� w v .«. r s s.n �«'1JpN1U s.e i�r►+w DRAM BY: .IAN ACAD NO-.8668 SD1 1 PROJECT NO.: 8315 FILE N0: 8668 f27 Agenda Item No. September 14, Page 18 SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA EXHIBIT 8 Page -1 of 9 LEGAL DESCRIPTION OF PARCEL 109 ALL THAT PART OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLUER COUNTY FLORIDA LYING NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' RIGHT OF WAY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16; THENCE SOUTH 89'13'46" EAST ALONG THE SOUTH LINE OF SAID SECTION 16 AND ALONG THE CENTERLINE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) A DISTANCE OF 2371.04 FEET; THENCE LEAVING SAID SOUTHERLY LINE AND LEAVING SAID CENTERLINE NORTH 0'46'14" EAST A DISTANCE OF 50.00 FEET TO THE SOUTHWEST CORNER OF THE TREVA K. MCLEAN PROPERTY AS RECORDED IN OFFICIAL RECORDS BOOK 2513, PAGE 2542, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE SOUTH 8913'46" EAST ALONG THE SOUTHERLY LINE OF SAID TREVA K. MCLEAN PROPERTY AND ALONG THE NORTHERLY LINE OF SAID RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 274.42 FEET TO THE SOUTHEASTERLY CORNER OF THE AFOREMENTIONED TREVA K. MCLEAN PROPERTY; THENCE LEAVING SAID SOUTHERLY LINE AND LEAVING SAID NORTHERLY LINE NORTH 016'19" WEST ALONG THE EASTERLY LINE OF THE AFOREMENTIONED TREVA K. MCLEAN PROPERTY A DISTANCE OF 17.50 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 8913'46" WEST ALONG A UNE 17.50 FEET NORTHERLY OF AND PARALLEL WITH THE AFORESAID NORTHERLY RIGHT OF WAY UNE A DISTANCE OF 274.37 FEET TO THE WESTERLY LINE OF SAID THE AFOREMENTIONED TREVA K. MCLEAN PROPERTY; THENCE SOUTH 0'06'40" EAST ALONG SAID WESTERLY UNE A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.110 ACRES OF LAND MORE OR LESS; LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 BY: I DESCRIPTION: PARCEL 109 NOid e■■■■ SR k n■■■■ ■:9■a■ UNDAGB,■n Preteeabn•1 en- s. Planner■, k land w y7 n Harr r+0, aw. as 94a u.,s./ DK ■■W A*W% n MOB n,yn -.0 1. z.r r a* r.w re>. lea ■-" anw, a..k e>a n am "An-n„ c..uenr. -9 aen.rv. - a.a ra a." oe s as am ATY:- HACKNEY, P.S.M. NO. 5606 SCAIf: N_T.S. DATE:SEPT. 26, 2003 DRAWN BY: ' DR ' PROJECT NO.: 8315 ACRD NO:8668 —SDit, FILE NO: 8668 27 PROJECT NAME: PARCEL NO(S): PARENT TRACT FOLIO NO. WARRANTY DEED Agenda Item No. B4 September 14, 44 EXHIBIT C Page 19 27 Page THIS WARRANTY DEED made this day of 20, by, (hereinafter referred to as "Grantor"), whose post office box is [ADDRESS] to C—OLLIER COUNTY, a political subdivision of the State of Rorida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee "). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See Attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. This is NOT the Homestead property of the Grantor. 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 the 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 lawful claims of all persons whomsoever, and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: By: (Signature) (Print Full Name) (Signature) (Print Full Name) [GRANTOR NAME] STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this , 20_, by [GRANTOR], who: is personally known to me OR has produced (affix notarial seal) WITNESSES: (Signature) (Print Full Name) (Signature) (Print Full Name) A nda item Nv. B4 EXHIBIT pte' ber 14, 04 PaflB��pf --2 "Page 20 27 day of as proof of identity. (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial / Commission # (if any): My Commission Expires: By: [GRANTOR NAME) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 20_, by [GRANTOR], who: is personally known to me OR has produced as proof of identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial / Commission # (if any): My Commission Expires: WARRANTY DEED Agenda item No. 127 64 September 14, 04 Page 21 EXHIBIT "D" DEVELOPER'S ROAD IMPACT FEE CREDIT LEDGER IMPORTANT: This Road Impact Fee Credit Ledger is intended to document the balance of Road Impact Fee Credits applying ONLY to the property depicted on Exhibit "A ", the Mandalay PUD Master Plan BEGINNING BALANCE ......$26,254.40 .... DATE PERMrr NO. ROAD IMPACT FEES DUE IMPACT FEE CREDIT BALANCE COUNTY OFFICIAL DEVELOPER REPRESENTATIVE (SIGNATURE) (SIGNATURE) $ S S S S $ s S s s s s S s S s S S S S S S Agenda Item No. 1 B4 September 14, 4004 Page 22 cf 27 EXHIBIT "E" Risk Management Guidelines Developer shall maintain the required Commercial General Liability insurance in full force and effect, for the duration of all road construction set forth in this Agreement, until all improvements are accepted by the County pursuant to the terms set forth herein. The area insured must include the area set forth in Exhibit "B° to this Agreement. Developer shall maintain Commercial General Liability Insurance in limits of not less than $1,000,000.00 per occurrence combined single limits. Coverage shall be written on an occurrence form. Developer shall name Collier County as an additional insured on said policy, or a current Phase I Environmental Study of the property. Agenda Item No. B4 EXHIBIT She Page 3 °7 EXHIBIT "F' Pagk.1 p COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION PROCEDURES INTRODUCTION: Florida law provides that written arbitration agreements are valid, irrevocable and enforceable. Unless otherwise provided for herein, the provisions of Florida Statutes, Chapter 682.01 et seq. shall be controlling. These provisions provide a mechanism to resolve claims or disputes that could potentially lead to litigation in construction contracts. The object is to attempt to settle claims by mutual agreement or to make a good faith effort to settle claims and disputes prior to litigation in court. The methods involve binding arbitration and pre -suit mediation. Arbitration is a quasi-judicial approach in which a dispute is resolved by a trier of fact after presentations by opposing parties. Its purpose is the speedy and economical resolution of disputes. Arbitration is traditionally a less formal process than court litigation. Mediation is a method used to settle disputes using an impartial person who listens to presentation by both sides and facilitates settlement negotiations between the parties. Collier County will utilize the Twentieth Judicial Circuit Court Mediation and Arbitration Program (hereinafter "Court Program"), to facilitate these procedures. 2. DEFWITIONS: 2.1 Claim: A demand by either party to a contract for an equitable adjustment of payment under a Collier County construction contract. A claim should cover all unresolved disputes existing at the time of presentation to arbitration or mediation. 22 Evidence: Oral testimony, written or printed material or other things presented to the arbitrator[s] or mediatods] as proof of the existence or nonexistence of a pertinent fact. 3. JURISDICTION: 3.1 A claim that does not exceed $250,000.00, excluding interest claimed, shall be submitted to binding arbitration. The parties may, by mutual consent, agree to a one- person or single arbitrator panel. Aggregate claims may total more than $250,000.00 for binding arbitration, but no single claim may exceed that amount. 32 A claim in excess of $250,000.00 brought pursuant to a construction contract with the aunty shall be submitted to mediation or binding arbitration if voluntarily agreed to by all parties. All claims less than $250,000.00 and all non- monetary claims brought pursuant to a construction contract with the county must be submitted to binding arbitration. 3.3 Prior to the institution of any litigation in a circuit court against Collier County, this Dispute Resolution process must be initiated. 3.4 Once the dispute resolution procedure has been initiated, a court of law may not consider the issues involved in the claim(s) until the dispute resolution process has been completed. 3.5 The claim must be a dispute between the County and the prime contractor. 3.6 The claim must be related to issues in dispute, which have been previously submitted in good faith to the County pursuant to this procedure and could not be resolved by negotiation. 3.7 Pendency of a claim or arbitration or mediation of a dispute shall not be a basis for delay of the contractor's performance under the contract. 4. INITIATING DISPUTE RESOLUTION PROCEDURE: 4.1 Either party shall initiate a request for mediation or arbitration within thirty (30) calendar days after a denial of the claim after negotiation by County staff or no later than forty -five (45) calendar days after knowledge of a claim Agenda item No. September 14, Page 24 by ciaima= In any event, no claim shall be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations. 4.2 Upon request, the County will matte available to any party wishing to initiate arbitration or mediation, a procedural package containing the necessary forms. The forms shall include a Notice of Claim, a Request for Negotiation, a Request for Arbitration and a Request for Mediation. The County's Purchasing Department shall have these forms available and they will be included in the County's bid package. 4.3 Either party to the contract may initiate arbitration or mediation of a claim by submitting a Request for Arbitration or a Request for Mediation Claim Form to the Purchasing Department. The initiating party must indicate M the form whether or not they will be represented by counsel during the bearing and may indicate a desire to resolve the claim based solely on a submittal of documents by the parties with no heating. 4.4 The Claim Form shall be accompanied by: EXHIBIT F a. A brief summary of the nature of the dispute involved in each part of the claim. pane= _0.�' b. The amount of compensation being requested for each part of the claim along with supporting information. c. Copies of additional written information, not previously submitted under Section 3 including exhibits, intended to be used during the hearing to support the claim, excluding the contract documents. It is suggested that information be assembled in a tabbed notebook for ease of reference. d. Contract Time analysis if a Release of Liquidated Damages is included in the claim. e. No new or different claim, other than a change in the amount claimed, will be allowed once the time and date for the hearing has been set. f. If the arbitration panel or mediator determines that information known to a person not in attendance at the hearing or the mediation is essential to arriving at its decision or for the fair exercise of the mediation process, he or she may obtain a written affidavit from that person and enter such statement into the record. 5. ADMINISTRATION OF ARBITRATION: 5.1 The respondent shall prepare a rebuttal to the claim and furnish a copy to the party requesting arbitration and to each of the members of the panel so that it is received at least 14 calendar days prior to the date scheduled for tie hearing. 52 The County shall set a time and date for an arbitratim hearing within 21 calendar days after receipt of the Request. In scheduling the time allotted for a hearing for complex claims, consideration will be given to the need for the greater amount of testimony or other information required in miler for the arbitrators to gain a complete understanding of the issues, and if a party requests additional time, the arbitrators selected may crux the matter in 7- caleadar day increments. A request for a continuance mug he submitted to the arbitrators no later than 48-tours prior to this commencement, of the hearing. Once arbitration has begun, it may only be continued in 24-hom incrtmerrts. 5.3 The parties are expected to cooperate fully with each other in exchanging information prior to the hearing. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to arbitration being initiated. In any event, a full exchange of do=uents shan be completed m later than 7 calendar days prior to the date set for the hearing. Gcnetally, introduction of documents will not be allowed during the hearing which have not bees previously been revealed to the other party. 5.4 Deposidom and interrogatories will not be allowed except upon an order from the arbitrators to take swan testimony of an unavailable witness. 6. INVOLVEMENT OF ATTORNEYS IN AN ARAMATION IIEARfNG Counsel or another person who has sufficient authority to bind that party at any beating may represent a party. A court reporter will be present, unless waived by both patties. 2 M. 27 Agenda Item No. f04 84 September 14, Page 25 27 a. The hearing will be informal and involvement of attorneys, if desired, is expected to be minimal. b. The parties shall have full opportunity to offer such evidence as is relevant and material to the dispute. c. Unnecessary extensive examination or cross- examination or extensive argument of legal points by attorneys representing the parties will not be permitted. The arbitrators may limit examination and argument, as they deem appropriate. 7. CONDUCT OF EVIDENTIARY HEARING IN ARBITRATION: 7.1 The County or court reporter if present shall administer an oath to all persons who are to testify during the hearing. 7.2 Documents will be accepted and identified for the record. 7.3 Distinct and severable parts of a claim may be dealt x ith separately. 7.4 The order of proceeding will be for the party initiating arbitration to first present evidence to support their claim. At the beginning of their initial presentation, a party shall present a succinct statement of the issues and a position on each issue. Orderly discussion between the parties as evidence is presented will be allowed. 7.5 Reasonable attempts will be made to assure that all relevant evidence necessary to an understanding of the disputed issues and of value in resolving the claim is heard and that each party has the opportunity to adequately rebut all arguments and evidence submitted. The arbitration panel will be the sole judge of the relevance and materiality of evidence offered 7.6 Conformance to legal rules of evidence shall not be necessary. 7.7 Members of the arbitration panel may ask questions of the parties for the purpose of clarification. 7.8 If substantial new information is submitted during a hearing, which the arbitration panel gems places the other party at a severe disadvantage because of inability to develop an adequate rebuttal, the panel may elect to extend the hearing to a later date as previously set forth herein. a. A stenographic record of any hearings by a Certified Court Reporter or any previously recorded testimony or document prepared under oath, such as an affidavit is admissible. b. Each party shall bear an equal share of the cost of the arbitration panel. c. Each parry shall pay its own costs and attorney fees. d. All arbitration shall be concluded within one -half (1/2) day and all mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 51 herein. 8. ADMDRM RATION OF MEDIATION: 8.1 The respondent shall prepare a mediation summary regarding the claim and furnish a copy to the party requesting to diation and to the mediator so that it is received at least fourteen (14) calendar days prior to the date scheduled for the mediation. 8.2 The County shall set a time and date for the mediation within 21 calendar days after receipt of the Request. In scheduling the time allotted for complex claims, consideration will be given to the need for a greater amount of information required in order for the mediator to gain a complete understanding of the issues, and if a party requests additional time, the mediator selected may continue the matter in 7-calendar day increments. A request for a continuance must be submitted to the mediator no later than 48 -hours prior to the commeocernent of the mediation. ° Once mediation has begun, it may only be continued in 24 — hour increments EXHIBIT Page 3 of S' Agenda Item No. 1 SE34 September 14, ' , 004 Page 26 c f 27 8.3 The parties are expected to cooperate fully with each other in exchanging information. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to mediation. In any event, full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the mediation. 8.4 Each party shall bear an equal share of the cost of the mediator. 8.5 Each party shall pay its own costs and attorney fees. 8.6 All mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. 8.7 If a party fails to appear at a duly noticed mediation without good cause it shall bear the costs of the mediator, attorneys' fees and other costs. The County or any other public entity required to conduct its business pursuant to Florida Statutes, Chapter 286, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with authority to negotiate on behalf of the entity and to recommend settlement to the appropriate derision - making body of the entity. 8.8 A party is deemed to appear if the party or its representative having full authority to settle without further consultation, the party's counsel or a representative of the insurance carrier who has full authority to settle up to the amount of the claimant's last demand or policy limits, whichever is less, without further consultation. 8.4 The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. 8.10 Counsel shall be permitted to communicate privately with their clients. In the discretion of the mediator, mediation may proceed in the absence of counsel. 8.11 The mediator may meet and consult privately with any party or parties or their counsel, if any. 8.12 If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any. 8.13 If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall prepare and distribute to each party a report indicating the lack of an agreement without comment or recommendation. With the consent of the parties, the mediator's report may also identify the outstanding legal issues or other action by any party that, if resolved or completed, would facilitate the possibility of a settlement 9. COMPENSATION OF THE ARBITRATION PANEL OR MEDIATOR: Arbitrators and Mediators shall be paid at the rate of $150.00 an hour, or the current rate for the Court program. An additional fee of 25% shall be payable to the Court Program for administration of any arbitration, but shall not be assessed for a mediation. The parties "I equally share all costs and shall remit all charges to the Court Program upon the conclusion of the ADR Process. ID. MENMERSU P: 10.1 The Arbitration Panel will consist of one member selected by the County and one member selected by the Contractor, unless the parties agree to utilize the Court Program's arbitrators. The Court Program will select the third member of any panel and the third member will act as Chairman for all panel activities. Any single arbitrator will be selected through the court Program. 10.2 All mediators and the Chair of any arbitration panel shall appear on the Court Program's list of persons approved to serve as mediators and arbitrators. 10.3 It is desirable that all arbitration panel members have experience with the type of construction involved in this project. 10.4 It is imperative that mediators and arbitration panel members show no partiality to either the Contractor or the County, nor have any conflict of interest. EXHIBIT F 4 Page ... 4'-o 10.5 Agenda Item No. 127 B4 September 14, 04 Page 27 The criteria and limitations far mediators and arbitration panel membership is as follows: a. The persons] selected will not have any direct or indirect ownership or financial interest in the Contractor awarded the project, the CEI consulting firm selected for the project, in any subcontractor or supplier of the project, nor in other panel members. Each panel member shall provide a statement of no known conflict. b. No arbitrator or mediator shall have had any prior involvement in the project of a nature that could be construed to compromise hislher ability to impartially resolve disputes. c. No arbitrator or mediator will be employed by the Contractor awarded the project, the CEI consulting firm selected for the project or by any subcontractor or supplier of the project during the life of the Contract, except as a panel member or mediator. d. The Florida Rules of Court Rules 10.200 et seq., Part 11 of the Rules for Mediators and Part II of the Rules for Court Appointed Arbitrators shall apply, except Rule 11. 110 and Rules 10.870 through 10.900. e. Rules 1.720(c), (d), and (e) of the Florida Rules of Civil Procedure governing mediation are incorporated herein. 11. MISCELLANEOUS PROVISIONS: Arbitrators and mediators shall be agents and employees of the County for purposes of tort immunity resulting from any actions taken while conducting the hearing[s] or the mediation as long as these procedures are followed. Such status shall not create a conflict of interest. TIME CHART FOR ADR: Within the Following Time Periods Following the Notice of Claim or the Date of the Occurrence Underlying the Claim, Whichever is Fu% the Following Matters Must Occur, [All days are Calendar Days]: Up to 14 days after occurrence or Notice of CWn[whichever is first]: The matter must be negotiated with County Staff. Within 7 days of receipt of Notice of Claim: Staff shall prepare a written rebuttal. Within 15 Days of Notice of Claim: Negotiation of dispute with County staff must be completed. Within 30 Days after Negotiations with County Staff ends or Within 45 days of the date of the occurrence: a Request for Arbitration or Mediation Must be Filed. After a Request for Arbitration or Mediation is Filed: Within 21 days: The Mediation or Arbitration shall be set including the names of the participants and all relevant claim documents forwarded to the Mediator or Arbitrators. No Later Than 14 days prior to date of Mediation: A written rebuttal to any claim must be served on opposing party and Mediator or Arbitrators. No Later Than 48 Hoorn Prior to the date of the Mediation or Arbitration: Any request for a continuance must be filed with the Arbitrators or Mediator with a copy to County Staff. Once Mediation or Arbitration begins it may be continued for only 24 hours at a time with the consent of the Arbitrators or Mediator. Within 14 days of conclusion of Arbitration or Mediation: Written decision must be issued indicating that a certain conclusion has been reached or an impasse entitling claimant to proceed to court litigation. Both parties must undertake all ADR proceedings in good faith. EXHIBIT 1 Page s' of It Agenda Item No. 16135 September 14, 2004 Page 1 of 23 EXECUTIVE SUMMARY Recommend to approve a landscape installation and maintenance agreement between Calusa Bay Master Homeowners Association and Collier County for landscaping within the right -of -way on Goodlette -Frank Road. OBJECTIVE: For the Board to approve enhanced landscaping along Goodlette -Frank Road, a County Road, and to assure adequate landscaping. CONSIDERATION: The Agreement for enhancements to Goodlette -Frank Road is attached to this Executive Summary (Attachment No. 1). The Agreement permits the installation of an enhanced landscaping and irrigation installation. The Agreement provides for future ongoing maintenance of all improvements within the County's right -of -way. The homeowners within Calusa Bay will be financially responsible for the maintenance and future replacement of the Improvements. The County has the right, under the Landscape Maintenance Agreement, to direct the Calusa Bay Master Homeowners Association to make any necessary repairs or, if the County's direction is not complied with, to make the repairs and bill the Calusa Bay Master Homeowners Association. Further, the Agreement indemnifies the County from any action on the part of the developer or the property owners association that might be detrimental to the County. Finally, the Agreement incorporates a set of Maintenance Specifications that the developer and the property owners association must comply with. FISCAL IMPACT: There is no fiscal impact as a result of these Agreements. All expenses associated with the improvements and the related ongoing maintenance shall be the responsibility of the property owners association. Clerk of Court recording fees are the responsibility of Calusa Bay Master Homeowners Association in the amount of $180.00. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve the attached Agreement and authorize the Chairman to execute it on behalf of the Board. naR kb ?CBs x- �,µerHPe, .oa p39e .2 z of n. COLLIER COUNTY BOAT OF COUNTY COWMS1ONERS Ibm N—. 1E 5 Born S--y Ra:�.- vnar:q !r. a�ymne a I.rdsr�ly iUn WhelUn anal r..airl�.aUa agtn�. x Cn*nn.:: ewaa se. uas- w.neo,a:wa.Aae:roalA;n ar.l:xs•. grey r «;r r'r,N.:l�rey ;r: C +wMlsl -ran k:r.:f. -• MNblq Dab l <�,r, A Kv. al Ai: RryaM By Dab ilnn'a J.—r. P. otecl rangier YT ?rTaaa 1:15:: ?Ptl ---.. Se M— 'umc OpnY ,W AM Approved By JaR R!a4Ye+ As,itant Coanry UOOrzxy Dab Le_ar1y A�.:rnsy ca.nry A:YO: r:ay Omu dTT•:'M Y33 PL Approval By DoraH l Sset! 'rantportY.:en P:u.N. � C'reebr bw .na{o•UOa :3.+iva. .nxFMal:an Pia•M � V.RG?]CS 9:ia Ar Approved By 9!a!en Narinan Acc[tinUr}SYPo -v1 bag T:ampa:UU: SeMUe rnAd4-.faHi4en SMS't.R4 ti:Si Ptl App-," By Duos Perryman EsttvS:y. ran,pe %e- Appnved By -came OP.r <ana ,rd Ala'nn, rage G:w e. ragd bLaxhr am s{to- -tlen SeMa�x App-,.d By -rams Opsru— AM 1L10ie 9:w Aga Pal :.a`nna+i A2-1+.:r..•at:r. AtalNa -t Gab -a:mty rawarrs Olrat Omu oe ra:w;e:n.K A BvdpN M1JOIIa ,!:a: AN App—.d By r:Wxl s:- y;:o.ar{ Yaw.y.nw:na BwG.e aNecur axa canny r.::aper, x.:ne - .,r r, :alrnentd a•.sa� sn•:wa tz:ra Ptl App- By Jam.a V. tladd _aa:ry ranad.r bag BwK a! Ceunly -w. -.q ran�ear. rnr anixoos tr.a Pr Agenda Item No. 16135 September 14, 2004 Page 3 of 23 STANDARD LANDSCAPE MAIN17ENANCE AGREEMENT This Landscape Maintenance Agreement ( "Agreement ") is entered into this day of , 2004, by and between Collier County, Florida, a political subdivision of the State of Florida whose mailing address is 3301 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as the "County'), and Calusa Bay Master Homeowners Association, whose mailing address is 6955 Satinleaf Road North. Naples, Florida 34109 (hereinafter referred to as the "Association "). REC [TALS: WHEREAS, County is the owner of that certain right -of -way located in Collier County, Florida and known as Goodlette -Frank Road (hereinafter referred to as "Road "); and WHEREAS, the Association, at its sole expense, wishes to enhance the landscaping within certain County right -of -way along Uoodlette -Frank Road; and WHEREAS, Section TV -B -12 of the Construction Standards Handbook for Work Within The Public Rights -Of -Way, Collier County, Florida (2003) provides as follows: Permitting The responsible property owner or his authorized agent truest apply for a "Permit to Perform Work and/or Maintenance in Public Rights -of- way ". f_andscaping Permit Within the public rights -of -way: Aprivate owner, Developer or civic or homeowners' association desiring to landscape within a public right -of -'way shall submit landscape and irrigation construction documents prepared by a licensed landscape architect for County review. The Permit application shall include three (3) sets of detailed plans indicating the existing right -of -way facilities and the type and location of the proposed plantings, location of electrical and irrigation systems(s). After acceptance of the landscape and irrigation plans, a landscape agreement shall be prepared by the contracting parties and approved by the County anorney's office. (See Appendix for example) The purpose of the landscape agreement is to ensure that the Pernuttee, or his successors or assign, shall be responsible to maintain such material and irrigation system until retnoved or unless otherwise specified•, and WHEREAS, in keeping with the above. the Association has applied for a Landscaping Permit Within the Public Rights -of -Way, and has submitted landscape and irrigation construction documents prepared by a licensed landscape architect for County review. A copy of this Permit and the plans are attached hereto as Schedule "A ". The Association shall follow the Collier County Maintenance specifications attached as Schedule "B "; and WHEREAS, it is agreed to by the undersigned parties that this Agreement is in the best interest of, and is a substantial benefit to, the general public. Page 1 of 4 Agenda Item No. 16135 September 14, 2004 Page 4 of 23 NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: 1. Subject to the issuance of all necessary Permits, County hereby grants to the Association the right to use those portions of the Road depicted in Schedule "A ", for the sole purpose set forth in Schedule "A ". The Permits address, among other things, the timing of the work, maintenance of traffic flow during construction, and the permissible lane closures during the time that work is to be performed. 2. The Association agrees to construct and maintain the improvements set forth in Schedule "A" (hereinafter referred to as "Improvements') at its sole cost and expense, until such time as the County executes a release from indemnification as discussed below. 3. Should the Association fail to construct or maintain the Improvements in accordance with Schedule "A" or "B" or otherwise required by law, the County may provide notice to the Association in writing, specifying the nature of the deficiency. Within five (5) working days following receipt of such notice, the Association at its sole cost shall cause the appropriate repairs or cure to be effected. 4. The Association, as Indemnitor hereunder, shall indemnify and save harmless the County, as Indemnitee hereunder, including all employees of the County, from any loss or damages - Indemnitee may suffer as a result of claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs, or judgments, including attorneys' fees and costs of litigation, against the County arising out of the Association's use of the Road for the purposes set forth in this Agreement, including the construction and removal of the Improvements. The Indemnitoe shall not undertake to settle anv lawsuit or threatened lawsuit that could give rise to Indemnitor's obligation hereunder without the prior consent of Indemnitor, such consent to not be unreasonably withheld. 5. The indemnity provided for by this Agreement will extend from the date of this Agreement until such time as the parties hereto acknowledge in writing that the Association has ceased to use the Road for the purposes stated within this Agreement and the Road has been restored as set forth below, at which time, following receipt of the Association's written request. the County will execute a release from indemnification in favor of the Association. 6. Indemnitee agrees to give Indemnitor written notice of any claims filed against the County in connection with this Agreement, within thirty (30) days of the date that Countyis aware of such claim- 7. Unless terminated as set forth below, this Agreement shall remain in full force and effect in perpetuity from the date fast set forth above, and shall be binding upon the parries and all their successors in interest. The Agreement may be freely terminated as of right byeitherparty, with or without cause, upon written notice to the other. If the Association exercises this right, or if the County exercises this right based upon the Association's substantial breach of this Agreement, then upon written demand by County, the Association, at its sole cost and expense, shall remove the Page 2 of 4 Agenda item No. 1685 September 14, 2004 Page 5 of 23 Improvements and will restore the Road to the condition that existed immediately prior to the effective date of this Agreement. If the County exercises this right, or if the Association exercises this right based upon the County's substantial breach of this Agreement, then the County will be responsible for any removal of the lroprovcments or restoration of the Road. Except for the above, neither party will be liable to the other for any damages or claims resulting from the termination of this Agreement. The Association agrees that they are installing the Improvements at their own risk and will not be entitled to compensation for the removal of any of the Improvements. 8. Notwithstanding anything to the contrary, should the County determine that a safety or operational problem exists with respect to any portion of the Improvements, the County may by written notice to the Association order the removal or alteration of the offending Improvement. The notice will set forth the required work to be performed with a time frame for completion. Upon r=ipt of such notice, the Association, at its sole cost and expense, will comply with the demands Set forth in the notice, failing which the County may take whatever action it deems necessary, and the Association will reimburse the County for its costs within thirty (30) days of receipt of the County's bill. 9. In the event either party hereto shall institute legal proceedings in connection with, or for the enforcement of, this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees, at both trial and appellate levels. 10. This Agreement may be recorded by the County in the Official Records of Collier County, Florida. The Association shall pay all costs of recording this Agreement prior to the execution of this Agreement_ A copy of the Recorded Agreement will be provided to the Association. 11. This Agreement shall be governed by the laws of the State, of Florida, and may not be altered or amended in any way, save by written agreement signed by both parties_ REMAINDER OF PAGE MENT 10NALLY LEFT' BLANK I-OR SPECIAL CONDMONS, IF ANY The Association may be permitted to paint, stain or otherwise treat the surface of the gravity wall if it elects to, however, it is not required to do so. Page 3 of 4 Agenda item No. 16135 September 14, 2044 Page 6 of 23 iN WITNESS WHEREOF, the parries have caused these presents to be executed on the day and dale first above written. ATTEST: Dwight E. Brock, Clerk WrFNESSES : BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk DONNA FIALA, Chairman CALUSA BAY MASTER HOMEOWNERS ASSOCIATION ( "Association ") Printed Name. '�° Printed Name: 1' -f"eK = O,4,re m sr� Title: Vt NCH s r 6.0 %1 T Printed Name: n N R Rb.Ltye STATE OF FLORIDA COUNTY OF CO( .1 JER Signed and acknowledged on this i s day of of _ , 2004, before me, the undersigned notary public, by -2- � GA pt' t d S 1 4�li , President of Calusa Bay Master Homeowners Association, a Florida corporation nor. -for- profit, on behalf of the corporation, who [ j is personally known to me or r] produced cQ� as identification. Notary Public Printed Name: My Commission Expires: Page 4 of 4 ' MAKME R. SALE W ci0MM sS*N I QO 125M �tXyuo EX W8-'Aupuet0,2Me �- eoaaniar� � Noo�r Senk� a eo�+o. trtc. Right-of-Way Application 9 VvOgf 23 U. TRANSPCRTATION OPERATIONS DEPARTMENTS 2705 SGUTH HORSESHOE DRIVE, NAPLES, FLCRIDA 34103 T-ansportations Telephone Number_ 659.5767 Inspection Telephone ;hrnber 403 -2417 http:Nwww- cotb argm. netitensadrrrint- misoperationslrowrinde--htrn ❑CALL M MAIL l FILL IN ALL APPLICABLE INFORMATION RIGHT- OF-,+VAY PERMIT # ; PSP# SDPIAR# SDP #96-37 BUILDING PERMIT # PROJECT NAME Check Rigtrt -of -w, ❑ Constructiont Driveway Fee Residential C Jack -and- BorelDirecticmal Bore Fee Residential ❑ Turn -lane! Median FcL, Calusa Bay Entrance Modifications 3950 $2'0 $1,500 Miscellaneous X900 Everts PLEASE PRiKr Tcday's Date Outer FEE PAID 1,5_00.00 Fst- Number of Days in ROW pf appicaue) Total Arnount Pain — - tZemipt it NU7'F- 2 Sew vl the MpQ2Vd c�ian shad be atty0ed - ktheck before aoeifcagon is cornoWa - Other Receipt v A ppmval is hereby requested by (Owner Name) Calusa Bay I come owners Association Entrance mocifications and landscape, sidewalk and signage improvements resulting from the widening of For the purpose of Goodlettc Road At/on (project stree. Address) C:alusn 13ay Entrance off of Goodlette -Frank Road Portion Let No. Block Unit Tract of Traci N F_ - S — W Subdivision Calusa Bay Sec. ' 3 Twp. 49 _Rge 25 Name Property Contact Name Qwnei s Mailing Add. Info. City /StatciZp Telephone Calusa Bay Homeowners Assoc. Dick Steele 6955 Satinleaf Ruad N. Naoics, FL 34100 (4�39) 5°1 -1042 Notes: 1. Work shad be perfo rnee in accordance with approved plan, Conditions of Fermin appearing on reverse sale, stipuladca -m specified as part of this oermd and in ac=dance with Collier County Jrdinar:c_ 4 33-64 and the 71'i:b4c: Right-of-Way Construction SLarc-ards Handbook," latest edition. 2- ,%Mhgrr; deczres that prier to -Ting his appliicarion he !tors ascertained the loca$on cF eR exiting aGii&es. both anal and ..nderground. Any changes to any utilty shall be me •esponsobiiify ^.f the Pemidee for all cost 3_ 'F;is pr�rrnrt Ls contincert upar, ?ermr�tee obtainin, necr�sary tights of entry tr cc;rs:nuticn and mainte,natice .were required right: - way for public use has not been dedicated aria accepted by Collier County. C:3 vv. 31!- jeP_1yi JV S =—$aw 1..516 Business Name Calusa Bay Horneownws Assoc. ContraCorl Contact Name Dick S_ teele Agent Address 6-055 Satiintwf Road N. Information CitytStatWZip Naples, FL 34108 -- Telephone 'No. (232)!591-1'042 4. If the application is made by any perm or firm other tian the owner of the property involved, a vint3en consent from the property owner shad be required prier to processing of line application. 5 Transportation Operatiorm pepartrnent approval does rot exempt Ric permittee from gaining approval frorn any State, -ederai or .ccai Agencies having jurisdiction over the proposed work. S. I have read the Collier County Right -of Way- %rnit Notes and Cl.:ndRicns and agree to condom ail viork in aacordancs %vith the County Ordinance 93-64, as amended and ail appir -abie a_1 County and State, codes and Lrw,*�an' dc�kf. Under penalties of perjury, I declare thct 1 have read - the 1prgohng it 2ppliradon and that facts stales n it are tn.a. X AUTP;ORIZErD SiGNA? rURE ❑ Construt3ion _ 3100 [] Construction $30- -, Consnuctiont $600 or Driveway Fee $1.500 Renewal Fee Renewaf Fee or Non - Residential Residential _ ❑ Sprinkler $50 Commercial ❑ SprinMer $750. $150 ❑ .lack- and - $500 or BoreMirccfioml $1,000 Head Fee Head Fee or Bore Fee Resdidentiai Commercial $250 Commercial ❑ SCRegulateci $100 ❑ Work in the $50 or ❑ Open- $1,000 Cut Fee Franchise ROW without $100 UlRiiy + I Lane Closures per 550/Day Fee day I Outer FEE PAID 1,5_00.00 Fst- Number of Days in ROW pf appicaue) Total Arnount Pain — - tZemipt it NU7'F- 2 Sew vl the MpQ2Vd c�ian shad be atty0ed - ktheck before aoeifcagon is cornoWa - Other Receipt v A ppmval is hereby requested by (Owner Name) Calusa Bay I come owners Association Entrance mocifications and landscape, sidewalk and signage improvements resulting from the widening of For the purpose of Goodlettc Road At/on (project stree. Address) C:alusn 13ay Entrance off of Goodlette -Frank Road Portion Let No. Block Unit Tract of Traci N F_ - S — W Subdivision Calusa Bay Sec. ' 3 Twp. 49 _Rge 25 Name Property Contact Name Qwnei s Mailing Add. Info. City /StatciZp Telephone Calusa Bay Homeowners Assoc. Dick Steele 6955 Satinleaf Ruad N. Naoics, FL 34100 (4�39) 5°1 -1042 Notes: 1. Work shad be perfo rnee in accordance with approved plan, Conditions of Fermin appearing on reverse sale, stipuladca -m specified as part of this oermd and in ac=dance with Collier County Jrdinar:c_ 4 33-64 and the 71'i:b4c: Right-of-Way Construction SLarc-ards Handbook," latest edition. 2- ,%Mhgrr; deczres that prier to -Ting his appliicarion he !tors ascertained the loca$on cF eR exiting aGii&es. both anal and ..nderground. Any changes to any utilty shall be me •esponsobiiify ^.f the Pemidee for all cost 3_ 'F;is pr�rrnrt Ls contincert upar, ?ermr�tee obtainin, necr�sary tights of entry tr cc;rs:nuticn and mainte,natice .were required right: - way for public use has not been dedicated aria accepted by Collier County. C:3 vv. 31!- jeP_1yi JV S =—$aw 1..516 Business Name Calusa Bay Horneownws Assoc. ContraCorl Contact Name Dick S_ teele Agent Address 6-055 Satiintwf Road N. Information CitytStatWZip Naples, FL 34108 -- Telephone 'No. (232)!591-1'042 4. If the application is made by any perm or firm other tian the owner of the property involved, a vint3en consent from the property owner shad be required prier to processing of line application. 5 Transportation Operatiorm pepartrnent approval does rot exempt Ric permittee from gaining approval frorn any State, -ederai or .ccai Agencies having jurisdiction over the proposed work. S. I have read the Collier County Right -of Way- %rnit Notes and Cl.:ndRicns and agree to condom ail viork in aacordancs %vith the County Ordinance 93-64, as amended and ail appir -abie a_1 County and State, codes and Lrw,*�an' dc�kf. Under penalties of perjury, I declare thct 1 have read - the 1prgohng it 2ppliradon and that facts stales n it are tn.a. X AUTP;ORIZErD SiGNA? rURE Agenda Item No. 16135 . September 14, 2004 Page 8 of 23 SCI IEDLTLE "B" RIGHT OF WAY LANDSCAPE MAINTENANCE SPECIFICATIONS These specifications are intended to provide the information by which private entities may understand the minimum requirements of Collier County relative to maintaining County rights of ways. Records of all specification requirements shall be kept and made available to the County's representative upon request. A. MOWING AND EDGING: Mowing and edging shall include medians as well as those areas, if existing, along the outside edge of the sidewalks of adjacent properties. All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary, the bagged clippings shall be collected and removal at no additional cost. Grass shall be cut at a height of three and one half inches (3 '/2 "). The frequency of cutting will be weekly or fifty -two (52) times. Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all planting beds, utility service boxes, street light bases, sign posts, headwalls, guardrails. timer pedestals, posts, and trees. Metal blade edging is not permitted along back of curbing. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. All sidewalks, curbing and/or gutters shall be cleaned after each service. All sidewalks shall be blown clean, but no clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right -of -gray areas. B. WEEDING: Weeding of plant beds, sidewalks (asphalt, concrete or pavers), guardrail bases, and curb joints as well as other mulched areas by chemical and /or lanid removal mill he performed weekly or as necessary to provide a weed free and «ill maintained area. C. GENERAL SFFE PRUNING: General site pruning shall be defined as the pruning of any plant's foliage below ten -foot (10') foot. All groundcovers, shrubs, canopy trees and palms up to ten foot (10') level, shall be inspected and pruned on a weekly or an as needed basis, so to maintain the proper or required heights for visibility, vehicular movement purposes and desired shape or 1 of 8 Agenda Item No. 16135 September 14, 2004 Page 9 of 23 form as determined by County's representative. Pruning shall also include removal of water sprouts, suckers and any dead or diseased foliage or branches. During the first week of October and April, ornamental grasses, such as Fountain grass, Florida Gamma or Fakahatchee grass shall be pruned in a pyramid shape to a twelve inch (12 ") or twenty -four (24'� height based upon the type ofplant. Ornamental type grasses such as Liriope muscari `Evergreen Giant', shall only be pruned at the direction and approval of the County's representative. Plant material with a canopy over pedestrian sidewalks shall be maintained at a minimum height of one hundred twenty inches (120 "). Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to maintain one foot (1') of clearance from the edge of the pathway. IT is recommended that adjacent shrubs and groundcovers be maintained so that they angle or are rounded away from the pathway. D. TRASH REMOVAL: With each service, all sites shall be cleaned by removing all trash or debris to include, but not limited to; paper, bottles, cans, other trash, and horticultural debris. All debris or trash pick -up shall be performed "prior" to mowing in all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site. E. STREET CLEAN ilNO SWEEPING: Street Cleaning: A four foot (4') wide area measured from the face of the curb and gutters including turn lanes shall be cleaned with each site service to remove any accumulation of debris or objectionable growth so to maintain a neat and safe condition. F. TRAFFIC CONTROL: The developer shall comply with the requirements of Collier County Maintenance of Traffic (M01) Policy, copies of which are available through Risk Management or the Purchasing Departnnznt. The Developer shall obtain and review the County MOT policy requirements prior to submitting a bid. The Developer will be responsible for obtaining copies of all required manuals, NfUTCD, Fllt)T Roadway & Traffic Design Standard Indexes, or other related documents, so to become familiar with the requirements. Strict adherence to the requirements of the MOT policy will be enforced under this Contract. To assist in employee visibility; approve bright day glow redforange colored safety vests shall be titiorn by employees when servicing the area. G. CANOPY TREE AND PALM PRUNING For this site, canopy trees shall be defined as any large shrub, tree, or palm with foliage above a ten foot (10'_ level. All canopy trees and palms shall be pruned on a continuous basis to create and maintain a seventeen -foot (17') canopy clearance: over the roadways and a ten -foot (10) canopy clearance over all pathways. Canopy trees shall be selectively pruned twice per year in April and September so to thin the interior canopy of cross branching and to shape the canopy of the trees. The County's representative shall 2 of 8 Agenda Item No. 1665 September 14, 2004 Page 10 of 23 approve a professional licensed to prune tress under the direction of a Licensed Landscape Architect, Arborist, Tree Surgeon, or other approved professional shall do the pruning and sharpening. The work shall be perforated per ANSI AS300 "Standard Practices for Trees. Shrubs, and other Woody Plant Maintenance" and done in a professional manner in accordance with "Pruning Standards" of the national Arborist Association or accepted local trade standards and practices. Palms shall be pruned annually during June of each vear. The palms shall be pruned to a "Tropical Cut" or to a nine (9) o'clock - three (3) o'clock angle from the horizontal at the base of the palm's bud or lowest fronds. Approximately seven (7) to (10) ten green fronds shall be left at the head after pruning. The pruning shall include removal of all nuts; seed stalks, brown or dead and lower fronds. The work shall be done in a professional manner in accordance with acceptable trade standards and practices. The palms shall not be climbed with tree spikes to remove the fronds. The pruning shall be accomplished by the use of a ladder, boom truck or lift. All debris from the pruning shall be removed and the site shall be left on a clean and neat manner. When the annual or bi- annual heavy pruning work is being performed with the use of a lift or boom truck, it is required that the adjacent traffic or turn lane to the work area, be closed using traffic control devices and signage per the current FDO1' traffic control standards and indexes. H. FERTILIZATION Granular fertilization of shrubs and groundcovers shall be applied by hand in a twelve -inch (12 ") wide radius ring around the base of the plants_ Granular fertilization of the trees and palms shall be determined by the caliper (diameter) of the trunk and broadcast by band in a band around the plant's base from a distance of 12" to the drip line of the palm. whenever possible. An 8 oz. cup equals one (1) pound. 'frees and palms shall receive one (1) cup per one -inch (1 ") caliper. Shrubs and groundcovers shall receive one (1) cup per three foot (3') of height or spread. Shrubs and groundcovers shall receive one -half (112) cup per eighteen inches (18 ") of height or spread. All fertilizer shall he swept off all sidewalks, concrete curbing and paving. The fertilizer shall be applied as set forth in the following schedule. Turf Areas and Plant beds containing Shrubs, Groundcovers. and Trees. The (13 -3 -13) fertilizer shall be applied at a rate of ten (I O) pounds per one thousand (1000) sq ft. for all areas. Four applications of (13 -3 -13) fertilizer will be applied yearly during the months of February, May, July, and October. 3 of 8 Agenda Item No. 16135 September 14, 2004 Page 11 of 23 Palms Developer shall apply approved by County's representative palm fertilizer during February, May, July, and October as specified below. Should yellowing occur on the top of the fronds, manganese sulfate will be required and if on the lower fronds, Sul- Po-Mag or equivalent will be required to be applied with the palm fertilizer at the rates specified. I. MULCHING Organic Mulch Areas with no mulch or new planting areas shall have mulch placed to provide for a four inch (4'') non - compacted or unsettled depth measured from the existing soil grade. The area to receive the mulch shall be raked level to establish the proper finished grade and have All weeds removed prior to the placement of the mulch. Two inches must be applied to replenish this mulch twice; a year, November and during May. J. LAN -E CLOSURE Lane closure for median maintenance shall be limited. Upon proper placement of the lane closed signs, pre - warning signs, arrow boards, traffic cones fomn the existing soil grade. The area to receive the mulch shall be raked level to establish the proper finished grade and have all weeds removed prior to the placement of the mulch. Two inches must be applied to replenish the mulch twice a year, during November and during May. Ka IRRTGATit?N SYSTEMS The irrigation systems shall be checked and repaired as necessary. Each zone shall be manually turned on at the valve once a week and a thorough inspection conducted to ascertain proper operations of the system. Quick coupling valves, if existing shall be reviewed weekly and operated quarterly to insure proper operation. Maintenance responsibilities will include cleaning and adjustment of heads, nonJes, installation or replacement of risers, repair of minor PVC piping breaks or subsurface piping or restricted sprinkler lines, replacement of damaged valve boxes/lids and adjustment of controller and rain shut off switches for settings and operations. Where required, the Developer shall maintain on site reclaimed water irrigation signage. SUBSURFACE IRRIGATION SYSTEMS: No excavation or mechanical metal edging around plant beds shall be done within the Right-of-way. Mechanical metal blade edging is permitted along the back of curbing. Weekly Service Requirements: 1. A visual inspection of the subsurface irrigation systems shall he performed weekly to determine if the systems are functioning normally and if cuts, leaks, piping damage; flooded areas exist, and repair as necessary. This shall also include review and re- setting of the controller and in- ground moisture sensor 4 of 8 Agenda Item No. 16135 September 14, 2004 Page 12 of 23 adjustments or other rain sensing devices as needed. 2. System Computer/ Controller a. Operate, adjust, and set controller to provide proper operation of the systems. b. Diagnose and repair electrical and mechanical malfunctions. c. Monitor and adjust the system zones moisture levels based upon moisture sensor readings. d. Operate controller on automatic, manual and single trip operation. e. Monitor controller standby battery backup and replace as required. 3. Automatic Control Assemblies and Quick Coupling Valves a. Review control valve assembly and by -pass system for proper settings. b. Open zone control valve assemblies and quick coupling valve boxes to review valves for leaks; pressure gauge operation; proper settings and are clean of debris or mu1elL 4. Ptunp Sites a. Inspect for proper operations. b. The Developer shall record and provide to the County's representative the well water flow meter readings for the two well locations on the General Maintenance Report Sheets. 5. Review system water source connections to include water meters, backflow preventers, gate valve points of connection and main lines for proper operation. N4onthly Se njec Requirements: 1. Automatic Control Valve Assembly a. Manually operate valves, and clean valve assembly filters. 2. Back-flow Asembly a. Review assembly for proper operation and clean filter as needed. 3. Quick Coupling Valves a. Review boxes and operate valve. 4. Pump Sites a. Once a month, the Developer wili trouble shoot each pump station; checking amperage draw and document the results for future reference. b_ Manually run the system to ensure proper coverage and that no sprinkler head and nozzle arc spraying onto the roadway. Clean and adjust sprinkler heads and nozzles and irrigation shields to ensure proper coverage. c. The Developer will check all zone wiring and solenoid conditions through the use of an OHM meter and document the results for 5of8 Agenda Item No. 16135 September 14, 2004 Page 13 of 23 future reference. d. The Developer will clean the strainers filters and inspect them for wear at the Pump Station. 5. Manually run the system with open flush cans and review sprinkler head indicators located at the end of zones. 6. Review pressure huge readings at control valve assemblies for each zone, as well as gauges located at the end of zones where present to determine the system and porous piping is functioning properly. 7. Check, analyze and adjust flow control devices as required. Quarterly Service Requirements: 1. Review all subsurface system piping, valve assemblies, wiring, moisture sensors and controllers for overall operation and provide adjustments as required to assure proper operation and irrigation application. Conventional Pop-up Irrigation Systems: Weekly Service Requirements: 1. Each median zone shall be manually turned on at the valve to ascertain proper operation of the system. 2. Repair system for any blown-off heads, broken lines or leaks around heads or valves. 3. Check the controller and rain sensing devices for proper operation and settings. 4. The Developer shall further adjust all sprinkler heads tgo ensure that all landscaped areas receive one hundred percent (1 Wla) irrigation coverage. 5. Within all work areas the Developer shall review the plant material and turf for dry conditions and if found correct the problem. Monthly Service Requirements: 1. Manually, run the system, clean and adjust sprinkler heads./nozzles and concrete donuts as necessary to ensure proper coverage and that there are no sprinkler headsinozzles spraying directly onto the roadway. a. Each median and side right -of -way zone shall be manually turned on at the valve to ascertain proper operation of the system. b. Repair system for any blown -oil: head, broken lines or leaks around heads or valves. c. Check the controllers and rain sensors for proper operation, and settings- 6 of 8 Agenda Item No. 16135 September 14, 2004 Page 14 of 23 d. The Devcloper shall further adjust all sprinkler heads to ensure that all landscaped areas receive one hundred percent (100°/x) irrigation coverage. e. Within a.11 work areas the Developer shall review the plant material and turf for dry conditions and if found correct the problem. General Scrvice Requirements for Irrigation Systems: 1. Should South Florida Water Management District or other governing agency establish water restrictions, the irrigation systems shall be inspected and all other controllers set to the mandated horus of operation set by the District or Agency. Subsurface systems are exempt from water restrictions. 2. Replace defective heads or nozzles, install or replace defective risers and repair minor breaks or restricted sprinkler lines. 3. Replace damaged valve boxes/lids if caused by the Maintenance Developer. 4. laspect, clean, and replace. if necessary, screenifilters within the sprinkler heads. 5. Keep all grass and mulch out of all valve boxes. All valve boxes in sod areas are to be kept at sod level. All valve boxes in plant beds are to be kept two inches (2 ") above finished mulch. 6. One hundred percent (I 001A) irrigation coverage shall be maintained within all irrigated landscaped areas while this Contract is in effect. 7. Notification to the County's representative is required when acts of vandalism or accidents have occurred to the irrigation system. Photos shall be taken and provided to the County's representative at no added cost. Miscellaneous Irrigation Maintenance Responsibilities: 1. Should the temperature be forecast to be below thirty -four (34) degrees, the Developer shall be responsible for turning the irrigation system off in order to protect plants from possible freeze damage. 2. It shall be the Developer's responsibility to notify the County's representative of any irrigation problems or additional irrigation maintenance needs. 3. The irrigation service personnel must trouble shoot time clocks, i.e. power -in 110 volt and 24 -volt fuses, 24 volts output when necessary. 4. The irrigation services personnel must trouble shoot any pump start relay, main fuses and capacitors when necessary. H. BRICK PAVERS All median brick paving shall be pressure cleaned twice per year, in 7of8 Agenda Item No. 16135 September 14, 2004 Page 15 of 23 April and November, to remove marks, gum and other dirt that may be deposited on the surface areas. Upon finding damaged areas, the developers shall clean -up debris if present, and or flag off the areas with protective barriers and/or high visibility hazard tape. Damaged areas inust be repaired as quickly a5 possible. PEST CONTROL Trees, Palms, Shrubs. Groundcovers, and Sod must be closely monitored for pests and diseases and must be treated appropriately by a licensed Pest Control Operator approved by the County's representative. 8 of 8 Hitt imnu-iiwom 9 3 a b 1 n Y k Y y {$ �'o�E ^*2 J 00 J Y, G G J J O0 E EA GG GE 4Y y Y Vy yy''� ■t ■ «44 9 3 a b 1 y {$ �'o�E ^*2 J 00 J Y, G G J J O0 E EA GG GE 4Y y Y Vy yy''� ■t ■ «44 R QQ QQ_ 3gE � id $a ai��3 g 1 ° -�di� 3•� 9 3 a n �•— u Agenda Item P September Page u g_ z s ue_ i. + + \ @5 y C , ' J E ° 3 + + + o y Z + +t_ $ gg i i i i i f i ° oil Ell 3n z Y J I a " u > U� kimOa�3 To za so O t D Mn�ivw ) \ Aqenda Item NhjB1 — S, FPT, E 7mr) g 7f 4 P 0 1 ag UJ U. CL co ce T --- ----- --- 3w vs wow -F �� \ \ � � : � � 1 mx � i � -, \ �. i � �� < � � | \ \ \.�/ !; � � / ' � \' ; gig W1 \ � � � � � � /i� � � �\ / ' � � � � | )�� fill i � � !� ] |� MmDxv% G y � r 9 W > o > J• O ' ~ i W O O z m� O i e e i9 i 5i e��i a�t W Z J w ♦ =Elsi O �� ♦ 1 �i�� ` a EE iw i i 3 it � � r. E ➢ r e � 3� � � fi@ F� X91 �# � �i� g� n will, 1 I� ib i i E 'sa E3� �� 5 1� is E 14 ti AP z < i �\ o �_ n p if z J Agenda Item N I3 September 1 4 Rs P e I pi as Jill zon I� E [ g{ to rj i 1 Alf �r I1 ►��i��9�r,�! 93� �[��isi +il7i �aa »aa3�� Y U J 3 O m w !- G J = �o J J < J U < IL ~ q a� rI �� i� I5 E� Ea i N Jm li I pi as q a� rI �� i� I5 E� Ea i N Jm li I m W F 0 z 0 0 0 i F 1�€ }7), i t(j!j° '� k i �c' I- E # 3 • 2f t I3 TI ( ; # II � �' �• { 'a �F 'i {i1a I j �� et �# # � tFi+�a �{ # j �j t I�; ;i �•ai , t � "�� 1� 'ii 1 � ' fist � a it ?! ;� � ! Il� �E z { j4 ,l j i �• � # ;I � ,fit ,# f �� t� '# 4 + # �' + E t �+ i � � `t #i #lj` #1 t ;{ lt?, It a.1t1 t f,.ie: tt#.t3.Fil 1► #t aI �If1. i �, i# # Y s T t I ! W + W m � 0 7FFi < r zm < 0 Ee W < W ,- j >• W Z r < W te e i ao 0 C m } ET f}#};# ji fill , ! 4 � 9 5Q6 o i a � � ♦� � g � a�E `,� �I�B +p y�� 1 ; gill , a Malt Il # I r; if I t 1 s _ s❑ ® ® ( • X y v # Y s T t I ! W + W m � 0 7FFi < r zm < 0 Ee W < W ,- j >• W Z r < W te e i ao 0 C m } ET tj ji fill , ! 4 � 9 5Q6 o i a � � ♦� � g � a�E `,� �I�B +p y�� 1 ; gill , 1t1 11 IN i- Y Agenda Item N September 1 Page , i t 41t �� '�� • t(1� j i�'° � 't�1 F�1li I# Jill Jill I tj 4E� ¢1ggzz fill , ! 4 � 9 5Q6 o i a � � ♦� � g � a�E `,� �I�B +p y�� 1 gill , Agenda Item N September 1 Page , i t 41t �� '�� • t(1� j i�'° � 't�1 F�1li I# Jill Jill I N QJm� V n � jt tj z t �O t N QJm� V n � jt Agenda Item No. 1666 September 14, 2004 Page 1 of 21 EXECUTIVE SUMMARY Recommend to award bid #04- 3654R, Livingston Road (Pine Ridge Road to Vanderbilt Beach Road) median landscape improvement construction project to Vita and Son Landscaping, Inc. in the amount of $ 679,395.20. OBJECTIVE: To accomplish median landscape improvements on Livingston Road (CR 881) from Pine Ridge Road to Vanderbilt Beach Road in conjunction with the Collier County Landscape Beautification Master Plan. CONSIDERATION: 1. On April 2, 2004, the Purchasing Department sent notices to 40 vendors for the landscaping and irrigation installation of Bid #04 -3654, Collier County Landscape Beautification Master Plan, Livingston Road (Pine Ridge Road to Vanderbilt Beach Road) Median Landscaping Installation. On April 15, 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. On May 4, 2004 at 2:30 p.m. bids were received and opened. Staff reviewed the unit pricing on the bid tab, and Vila and Son submitted the lowest bid. At the pre -bid meeting, bidders were notified to list all licensed subcontractors (Collier County Ordinance 87 -25 as reference in Part B- Instructions to Bidders, Section 15, Use of Subcontractors). Since only one bid was received, Transportation staff requested that the project be readvertised and rebid. 2. On July 19, 2004, the legal advertisement was posted. The Purchasing Department sent notices to 172 vendors for the landscaping and irrigation installation of Bid #04- 3654R; there were 3 addendums to the bid package. 3. On August 26, 2004, at 2:30 p. m. 2 bid packages received. Of the 2 bid packages received, one bidder did not submit a bid bond. If that bid could have been considered, Vila and Son was still the lowest, qualified and responsive bidder. Staff recommends awarding the contract to Vila and Son with a base bid amount of $679,395.20 and allow for 5% contingency if needed to complete the project. FISCAL IMPACT: Total funds needed are $741,104.67. Funds in the amount of $648,817 are available in the Transportation Supported Gas Tax Fund (313) in the Livingston Road (Pine Ridge Road - Vanderbilt Beach Road) Project #620713. The total award amount needed to open a purchase order with Vila and Son is $679,395.20. County costs for the Motorola Central Control Irrigation components ($22,278.07), surge protection ($1,184.40), effluent tapping fees ($1,702.00), right -of -way permitting ($600.00), and Florida Power & Light electrical connections ($35,945.00) total $61,709.47. A Budget amendment is needed to transfer funds from 313 Reserves in the amount of $92,287.67 to this project. The 5% contingency is available from 313 Reserves. The additional funding is needed due to the unanticipated cost of electrical connections and trenching. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board award Bid #04- 3654R, Livingston Road (Pine Ridge to Vanderbilt Beach Road) median landscape improvement construction project to Vila and Son, approve the necessary budget amendment, and authorize the Chairman to execute the standard ''"` contract after review by the County Attorney's Office. Executive Summary Page 2 of 2 Agenda Item No. 16136 September 14, 2004 Page 2 of 21 ArgvWB Item lib 180E e G - 3) 3 2004 CA 21 COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS Mwn Nt.MV 1656 Ibm S,unna7 tix._a -arlNN !c aw+ad aE #(W- :1G54R. Li✓ 3939 . P—:R 1? p R— to Vs —.;.h fimsi: icaa :—,t— W:asnln's:gc,cv„xn1•x I -u;n prvllN.m V.. as. LmJSW`ry, i,a-. n Lw ri^c:,:: 015F.?2.3 .:. ^_J M•e1M O.e. Ip1cT:V;IA Y.'1O'0 Au p.ep.red By Cx. ra,.,<:a J. Wilc- P.v}cl ManaFa -t.l— 4:SE:3a pt1 F,snapmUo-- S.— —M Orenr_ane: AIL Approved By O -1 Srxl .r,nNmR,Ew: V —Wg p,a<ter Cxe ranapenio- sa,.t«. rx,.pon.tecn ri -rar3 !.^11�xa e:u AN Apprered By Bn �6a Oti:.a+t r�r<Aa::q Aewd Oxa Aa+J,asVxA +BxAersa .r<1ns:.y &Its ?OGa 9:tt A31 Approved By tyn wood p_e—ft Apem Ca Ad:nini..cv. $i1Y1eM P: d,.ai,N li1:2tl:s]:23181 Approved By S6.:or. Na.n:x, Asetta,tlnp SU¢rv:u: C,M nn.gMx. Sa im r.napw�.pen AFi:'riCSaY aT120Ct r:e4 pM Approved By r.,.. c..•,d Aa)ala�mx:<. s.rd�, r..c6ar.y s<,:aK l:�J:M Approred By c „m<opera:inn me An T.,n. NOa.. ikaM B. iM1ay9 CEecle: er: r.n.po:tlo- 8ant.xa :r.MC Opx>enal ATY an;2S;a tt:M_AN App— By wa,u p<..ym.n u«xre s«:ve.n Cx< T.anwenw sa:.:<.ex ronape+olen s.rr<e+Aami2 ;z,2r..a st ; AL Approved By rx Le1x:hM AJadn%uatix Aui.>x:t Gma Ce::nry Ma- ..aqa(. O.Ntca Cte<. et Ma.:,gan:a,ni BUJB.t Yu'!eK 11:53 AN Approved By $naan Uaiw Sant. � manN3�^.ieet An,:ryx Cxe wary N,va}}fa Otnu OTC. NNa^a;amen: A A::rg<t 2+':iO:S e: ?] pN Approred By MiMa.l SmyxerxN Mmapsm<m 8 Buagel p�.c,¢ Cau .m)'Mm:aBefx O!!ze .Y.6ae� Ma::aB<mxMd BwJlec — 2 —td:M 1J1 Approved By Jens Y. L.dd _c_::ry M.+oy., Grta Cmrtmixaionwa ..wnry Nxad.h OfSea ff_�ZOFa 12:0) aM N 0 Z �C a -5g 30 o �# ?. E Co v m �a m m . c . IL m m p V COD 7 .E g s �a Ujr C N U d so �R O m Q' c� O G a1 Agenda item No. 16136 September 14, 2004 Page 4 of 21 0 m W a. N N r N � V9 O C! Z X U C. U 1 tV CL 75 12 a m � � b 0o a co -a �Q � U G 0— V m � m Q Ki G J :2 •a cv c m Q Agenda item No. 16136 September 14, 2004 Page 5 of 21 O r O N co to CL N .. W m �a Agenda item No. 16136 September 14, 2004 Page 6 of 21 N N r- 'O m OR Z R CL NO 7 C3 —1 N CL 5 E c � � Wo� C� CL ca 'a FL o m� aCD 5 c mo cm a� IX d Cy U�m °C a o al �m co Agenda Item No. 16136 September 14, 2004 Page 7 of 21 0 .y 40 rn m a FY N L O t� m O Z a. J N a -Q 0 Co CL a Q Q � c m v a m 0 m c to -e 3 � 20 � _O a� o c -932 c c v `a N U m CD Q c Agenda Item No. 16136 September 14, 2004 Page 8of21 m CL t Z M CL 18 i4J C-4 E arc, LZ 40 ID CL C G. oc Ca cc CD C,4 0 V n CD eri m. v3 Agenda Item No. 16136 September 14, 2004 Page 9 of 21 LL� w;j -J, i L-5 ic>ml CO; iZL (21 0. _j: C14 0, 'tic 21— , _1 —. — . U uli 0, 16 —i 61 c 01, 0 1 it li Oj JUI—i .10; 0 �C) 0 01 1 10; BO -0 Iml 5 0 1 1 ; 0! % 21 I& w 'Cl .1M 1c: Ind, 0 0! CO! Ell 81 r 100 L 1 Col 11& I$ rl i Q)ILU a. jj A • 40 j:5 C-9 Ei-ni 321 V iW1012 CIX111 IU! >1 !E1 (D I 154 gl i0i Ci 4"! ;z CO ID IV' Ei xi:)i Ls i Cc: oil (DI 5 i al 'A r CO e, S! .4 w1g, 'i - i .uj, Q! E .8 0! El kre ui CL 0 121 21 3:1 SLl C4 c0i U, 0 to 0 N N J� r � C m � m 0 m O CA Z ca a. �g M 75 E o � ads v � c m a �0< CL m gQ CL C m� a0 ` o m� m� m m � o mE c m �a m U a 0 � yN vim �rx c m Fn p Agenda Item No. 16136 September 14, 2004 Page 10 of 21 W m rn m N N T M; X V�VVV Q Z i6 V O 3 N c � m .O MO Q -u a m m ap D. tti � FL O � m in a c 3 � > O d� acr s' ir a. N 0 C4 c � �a c Agenda Item No. 16136 September 14, 2004 Page 11 of 21 d 0 ao N N I- m m� m o a, z m a �g J N d � E 3 3 d�� C"� c � a m Po a m� � o m � m g m cm o � c � m a tL c m �a c m� Ufa 0..N U N ix w 0.' m O� ao G]JG Agenda Item No. 1666 September 14, 2004 Page 12 of 21 0 w m m a N N O of Z Y a 0. J N CL - � � Q 0. �O Q 0. 'Q a =m a m> ma c � U � N C Ch C m :3 Cl Agenda Item No. 1686 September 14, 2044 Page 13 of 21 O_ O O r m ca 0. April 22, 2004. Agenda Item No. 16136 September 14, 2004 Page 18 of 21 COLLIER COUNTY PUBLIC UTILITIES DIVISION 3301 E. Tamismi Trail • Naples, Florida 3¢112 • (239) 732 -2575 • FAX (239) 732 -2526 Collier County Transportation Operations Department 2700 Horseshoe Drive South Naples, FL 34104 Subject: Livingston Road (Pine Ridge Rd to Vanderbilt Beach Rd) Collier County Bid #04- 3654,. Meter #I Effluent Irrigation 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 this letter or in the attachments, please feel flee to contact me at (239) 732 -2575. Si cerely, Barbara A. Olko Administration Assistant. C: Pam Libby, Water Distribution Heather Sweet, Utility Billing and .Customer Service. - Wes Hill, Engineering Services C: /Fstineemq T-WM— Siriag/ProJe Wkd maw 3 fm Agenda Item No. 16136 September 14, 2004 Page 19 of 21 COLLIER COUNTY PUBLIC UTILITIES DIVISION 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 (Pine Ridge Rd to Vanderbilt Beach Rd) Collier County Bid #04 -3654, Meter #2 Effluent Irrigation 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 this letter or in the attachments, please feel free to contact me at (239) 732 -2575. Sincerely, W P"tv� arbara A. Olko Administration Assistant C: Pam Libby, Water Distribution Heather Sweet, Utility Billing and Customer Service Wes Hill, Engineering Services OJErMincaing TwWMew SmngIPmjec Ani miler & (M 05/10/2004 16:48 4406 Exchange A_nUe #105 NV*3, f bdda 34104 -7024 233- 643 -6873 E B SIMMONDS ELEC E. B. sirMonV Efttrlcal, Inc. STREET LIGHTING • tMUTIES • GENEitATORS INDUSTRIAL AND CopAmERCIAL Esiimttie and CoA rad Agenda Item R6LE613ei September 14, 2004 Page 20 of 21 N.ples (239) 543 -2770 TO: Coliiar Comity Csavmm m>it TJraffic 2705 South H e' (Altanativ� ire Modes) Q�, 2t4 Naples, FL 34104 #Q04 0367 1 : (339) 213 -5886 Fax: (239) 213 -5999 Attenfian: Daryl %Ottand We hereby submit specifications anti csfimt= fat-: E 9e+vwe fOr Lstaa Rd Irt90061i - Bid. 0044&';4 Service #2 F%e t"° Val BMA Rd 13987 Livin8 tt n R& - Sta, 387+00 100A, 3 -Phase 19W open b wc�h FPS. cbwrs (up to $1,250.00) Service inc � pameftins and Total M"'=* Equip, Labor, and, M-OU T. $.,2&i45.00 Fill dirt (if needcO Sod (if needed) concrete Slab Service latcaral 1+iobe: this figure zs for �. �� hook -w fidget gulp. lnvoice will be bawd on time and material end will be itemood pet- A3mual Contract. TMS CONTRACT EXCLUDES ANY & ALL PERM T, IMpF `TiUN, IMPACT AND UTiLiTY PEES: AMOUNTS EXPRESSED AND TO BE PAW IN US DOLLARS., ALL PRICE DUES NOT INCLUDE ROCK REMOVAL OR DRILLING WHEN EXICAVAT;iNG. Wa PrOPOse to ft =h the above a leL- m acccWwm with the above specafica om for the swn of T*Cnty -TWO Thousand One Hind Forty -give and 00/100 Dollars 22 45,00 . Prymctat to be made as follows: in ;full apron Conoletion It is d regmwibility of the "h"A'97 to provide ne*mtry m ttstvcrose �a a' to the job alto: Tx the cttivcvr dufmg flf'the jab it beCoUICS ShoWd bredm octet as a dir ed tee of oar � ��f etc_ Evesv effort will be made to. avoid a� damage. may ail cost to the ow=.. AD dial used m this contract is PM to be as ' wed, and tlae entire is to be done in a neat won or dewisden from the spOCACabOm h ag� invohi4g e+ctra cc A of labor amd m � s�ullst�tisl truer_ Anv writtra or verbal order for same, and wM bet eme an extra charge aver the sum» ' will be executod eiA. a Of I iPi96 month which is an amnlal rate of l 876. Ia the rat in this p OTOMM ofcallet ioa inc motaops few � is W made 'd'rteE t i and t I SiCT by ACCEPTANCE OF ESTIMATE � � tents i�tkm and � arc satisf4*xY, and the same are her�cby accepted azxl a you to exemft dle Sam. Dam Signed by 05/10/2004 16:40 4406 Exdhange Avenue *105 Naples, Florida 34104 -7024 234 -643 -6873 E B SIMWNDS ELEC r � E. B. 51MMOND5 Electrical, Inc. STREETUGHTIND • WFILME3 • GENERATORS lNDUSMAL AND COIptMUICtAL Estfrtte W& Gtixtttttet Agenda Item N 613®2 September 14, 2004 Page 21 of 21 NaPtr. (239) 643 -2770 TO: Collier Coinxty 0ovaTmd May 5, 2OD4 Traf tc Operaflow and ATM (Alternative Traasportatiott Modes) Quote #00410366 2705 South Horscshoc Drive Naples, FL 34104 Phone: (239) 213 -5586 Fax (239) 213-58" Attention: Darryl Richard We hereby submit specifications and cstwaata for Eledrus) Service for Lmwptoa Rd Fn - Did lt44 -3554 Pine Ridge to Vow Bear6 Rd Service # I 13643 Livingstaat loci - Sta. 3z5 t 76 100A, 3 -Phase 900' open bench I PL d,arges (up to $1,250.00) Total Matmial, Egtnpnrowt Labor, and; M.O.T. tj3A00.t10 Service includes F mod: Fill dirt (if named) Sod (if.naded) Concrete stab Seavice lateral FPL chales Equonot up Neste: this figure is for budget puvpores only. invoice wits be based on time and material and wW be iteemi perAnnual Contract THIS CONTRACT EXCLUDES ANY & ALL PERMIT, IMPEC'ITON, I MPAC. r AND UTILITY FEES. ALL AMOUNTS EXPRESSED AND TO BE PAID IN US DOLLARS. PRICE DOES NOT INCLUDE ROCK REMOVAL OltDRILLING WHEN EXCAVATING. We hereby pr+oposc to furnish the above complete in accordance with the above specaficat m far the sum of Tifiteen Tliousand Eight IdurAred and 001100 Dollars X13 9ffl.W, Paymteattto be made as failmn- In fill upon campletian It is the reoponmbility of the downer to prmade adcguate wxxw to the job nite:. if during the mxn-,oe of rho job it fmcoirm nbocsswy to traverse sicievvcs}ks, driveways, ita or sod, fiowerbeds, Vtil des, dw. Fvery affixt will be roads to avoid airy damage.. Should breaks ocean as a duvd result of ow msehinery, repaws may be wade at additional east to the ownee. All mntental used m this oonUact is guar to be as'specifiued, and Site astute job its to be done in a neat sud steal mamctet. Attg a2 noon or doviativQi from the spcc-i610at3oas hescin :grad talaan iavohring extra of lattntt and erial will be shed upon ei>w a written or ve rtW of der for same, and will became on cote ow ft pmt r= iA this i'urchassx a pap er charges of 1 1129'o per rnnArtit v,tfch is an annual rate of 18D.6_ In the everd paymeTat is not macle- agxCes ba Pw and ctimmPes of oalleeti m including interest and attorneys fees. SignW by ACCEPTANCE OF ES'T'IMATE The foregoling:cares, specifications nerd ooadkkns are salt sfactwy, and the same am Eby accepted and agreed to, and _ Toby audwriale you to execute the ssl w. Date Sued by. Agenda Item No. 16B7 September 14, 2004 Page 1 of 22 EXECUTIVE SUMMARY Recommendation to approve Five (5) Adopt -a -Road Program Agreements at the Board of County Commissioners meeting at a total cost of $450.00 OBJECTIVE: To approve for execution by the Board of County Commissioners Agreements signed by the volunteer groups of certain adopted roadways under the Collier County Adopt -a- Road program. CONSIDERATIONS: That the volunteer groups so named be recognized as the sponsors of the particular segments of roadway named in the Agreements, to perform litter removal in accordance with instructions contained in the Agreement. FISCAL IMPACT: The cost of a roadside sign at either end of the roadway segment listing a new volunteer group as sponsor and responsible for keeping the area free of litter. The cost of these signs is $75.00 per sign taken from the Transportation Services Fund (I 11) and source of funds are MSTD General Funds. RECOMMENDATION: That the Board of County Commissioners recognizes the volunteer groups listed on the Agreements as the sponsors of the listed roadways and the Chairman execute ^ the Agreements on behalf of Collier County. Agenda ItonTw No /0B7 Sepfombee 14.2004 Fagm 2 of Z2 COLLIER COUNTY BOARD OF COUNTY COWISUONERS M.m N'ur,tler IW7 YWn Sunmry Re_r Baatn Iyys ✓.Si+Farpl+rHa 1AjFxHnx'b f�i I'r h+f,ikvir �: Hrsal p : Aoed mf. 84NYk Fr. w� %t.4 e. Wn's 8,0 :t _.s1 Of WA1 r U�A M Ck,,L Pa Wb. C-a P'40m mA T.C.I. rrda'(a �[ NAedW Deb &Ia.,:XA S:�WA\t Aprw"d By RoaL 'n NsuN Ar<auntly T.chrc -Jm Un Tnm.pe:tle^_S.Mw Tnn.pMaLCn A6 tiar.tl UJ4,'20C 102 VY Apr,-" By Jn?a, M Y. Rpaaa Nmq.vnu A,asMmnMA Jra 'm.ponlw Servioaa .ROaA M.aifdmmv KJi.TJCS i:52 AN Apaw.d By o;>,» D:rym.n [a «uYO ss�nemJ �+R Trsnfpo-tla. Snniw - mfpa+b5:cn 9en4-p Ad:'N+ YJ1 Tiet t.:a PM Apnsad BY Shren W�ran Avo:aitlnb Spp.rc.x ilan Tnmspe<tle -SMXa. 'M.px4t4n AdmF+.b.tlm dOLYJe. t:i9 DN Apnv.d By Opagl Srm Tranaponavon Pannpv�[�vctp. Oau Trmape 9s:riw .vp- Pf-n t)t.T]CJ ::Se pM Apnwd By J.II N}aY Aas4ued LOprAy Ane.nay ..aa Cpab A.— —M- ).2: PM Appaas.d By PR--M AQnlnslnUVa A.f4[ti^.t Lai cn•.;rp M.n.p.f•OTe u.AedN..apf.»rda ende.t daraow,zse DN Appre -4 By Mic.aM Enyie.raq Nanparwinb BUd:.. pSStltt D.N ce;Tly Na -spar. ova aea« oa Na- aeen.n. a euae.e v:rema a:t: PN • AppMwd By Jmn+Y. NUdd Co:omY Nan.e.r ..aa Soad M Leuniy CmwNCSbnca Cxnty Nanee.r. Ole.e 8•Y3P:a t.T.a2 PN Agenda Item No. 16137 September 14, 2004 Page 3 of 22 COLLIER COUNTY ADOPT -A -ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT -A -ROAD AGREEMENT entered into this day . , 20 PV by and between Collier County (hereinafter the "COUNT'Y'), and the volunteer group, Royal Palm Academy (hereinafter the "GROUP'), whose address is 16100 Livingston Road, Naples, Florida 34110 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter -free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter -hree Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Livingston Road from Immokalee Road to North for two (2) miles (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (6 10 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a Agenda Item No. 1667 September 14, 2004 Page 4 of 22 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt -A -Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter it minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre- printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. 2 Agenda Item No. 16137 September 14, 2004 Page 5 of 22 B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: This is a month to- month, at -will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County -owned materials to the County project coordinator. D. HOLD •B[ARN[LESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. 3 Agenda Item No. 1687 September 14, 2004 Page 6 of 22 E. NO ASSIGNMENT: This Agreement is non - transferable and non - assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. BOARD OF COUNTY COMMISSIONERS ATTEST: OF COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk LIM Deputy Clerk Approved as to form and legal sufficiency: Jeffrey A. Kiatzkow Assistant County Attorney Donna Fiala, Chairman GROUP: Royal Palm I . .'— By: Name(pr nt). . _..1( Title (print): Q Phone # (day): ;31 tV E % qTOY Phone # (night): x,1.3 4T 5-%%'3 7�'9 n • Agenda Item No. 1687 September 14, 2004 Page 7 of 22 COLLIER COUNTY ADOPT -A -ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT -A -ROAD AGREEMENT entered into thi*-21 day of 200by and between Collier County (bereinafter the "COUNTY'), and the vOluntedgroup, McMe Financial Services (hereinafter the "GROUP"), whose address is 8950 Fontana Del Sol Way —100, Naples, Florida 34109 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter -free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter -firee Collier County, and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Vanderbilt Beach Road from Goodlette Frank Road to Airport Pulling Road (the "Adopted Roadway'), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. Agenda item No. 16137 September 14, 2004 Page 8 of 22 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement_ 5. Call the Collier County Adopt -A -Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over - passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre- printed forms will be fimushed by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 2 Agenda Item No. 16137 September 14, 2004 Page 9 of 22 14. Unused materials and supplies furnished by the COUNTY shall be retuned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. B. THE COUNTY SHALL: i . Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: This is a month -to- month, at -will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either .party, the GROUP will immediately return all County -owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property 3 Agenda Item No. 16B7 September 14, 2004 Page 10 of 22 directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. E. NO ASSIGNMENT: This Agreement is non - transferable and non - assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. BOARD OF COUNTY COMMISSIONERS ATTEST: OF COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney II Donna Fiala, Chairman GROUP ' e c By: Name(print): Title (print): Phone # (day): _ Phone # (night): ;ill Se 'ces CEO - QC24617 239- d�1 -9za Agenda item No. 16137 September 14, 2004 Page 11 of 22 COLLIER COUNTY ADOPT -A -ROAD PROGRAM AGREEMENT Terms and Conditions S COLLIER COUNTY ADOPT -A -ROAD AGREEMENT entered into this day 0 2W Y by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, Men's Brotherhood of Mayflower United Church of Christ (hereinafter the "GROUP "), whose address is 5928 Cranbrook Way D205, Naples, Florida 34112 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter -free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter -free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as County Barn Road from Davis Blvd to Rattlesnake - hammock Road (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (6 10 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a Agenda item No. 1687 September 14, 2004 Page 12 of 22 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt -A -Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over - passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre- printed forms will be famished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. 2 Agenda Item No. 16137 September 14, 2004 Page 13 of 22 B. THE COUN'T'Y SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. S. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: This is a month -to- month, at -will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County -owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. E. NO ASSIGNMENT: This Agreement is non - transferable and non - assignable in whole or in part without the prior written consent of Collier County. 3 Agenda Item No. 1667 September 14, 2004 Page 14 of 22 F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. BOARD OF COUNTY COMMISSIONERS ATTEST: OF COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney Donna Fiala, Chairman GROUP: Men's Brotherhood of Mayflower United Church of Christ & C&By: a-jt->`-. Name(print): COAMAS Title (print): reA I _ Phone # (day)• ZA 3Q'"�'�7 Phone # (night): CA) Ma 4 Agenda Item No. 1687 September 14, 2004 Page 15 of 22 COLLIER COUNTY ADOPT -A -ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT -A -ROAD AGREEMENT entered into this c2f day 0 200 4 by and between Collier County (hereinafter the "COUNTY'), and the Vol eer up, Paradise Coast Pilot Club (hereinafter the "GROUP"), whose address is 5295 21s` Ave S.W., Naples Florida 34116 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter -free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter -frce Collier County-, and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Vanderbilt Beach Road from US 41 to Goodlette Frank Road (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (N4UTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a Agenda Item No. 1657 September 14, 2004 Page 16 of 22 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt -A -Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. s. Not pick up litter at construction sites, in tunnels, on bridges or over - passes, and on medians, or where otherwise hazardous to do so. 9. park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre- printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. 2 Agenda Item No. 1687 September 14, 2004 Page 17 of 22 B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: This is a month- to-month, at -will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County -owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. Agenda Item No. 1687 September 14, 2004 Page 18 of 22 E. NO ASSIGNMENT: This Agreement is non - transferable and non - assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. BOARD OF COUNTY COIv IISSIONERS ATTEST: OF COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney Donna Fiala, Chairman GROUP Paradise Coast Pilot Club By. ame(print): L 0 I/C- Title (print):-bot'QcI' Phone # (day): a- zq - Phone # (night): P 3 9 - -3 305 / 4 Agenda Item No. 1687 September 14, 2004 Page 19 of 22 COLLIER COUNTY ADOPT -A -ROAD PROGRAM AGREEMENT Terms and Conditions S COLLIER COUNTY ADOPT -A -ROAD AGREEMENT entered into this T day 20Q/by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, T. G. I. Friday's (hereinafter the "GROUP'), whose address is 2110 Tamiami Trail N. Naples, Florida 34102 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter -free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter -free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Golden Gate Parkway from Airport Palling Road to Livingston Road (the "Adopted Roadway'), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a Agenda item No. 1687 September 14, 2004 Page 20 of 22 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt -A -Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over - passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 place traffic control signs supplied by the COUNTY during trash Pickup. 13. Ensure that all Participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre- printed forms will be fiunished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All Proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the terns of this Agreement. 2 Agenda Item No. 16137 September 14, 2004 Page 21 of 22 B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: This is a month -to- month, at -will agreeinent, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County -owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. Agenda Item No. 1667 September 14, 2004 Page 22 of 22 E. NO ASSIGNMENT: This Agreement is non - transferable and non - assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect- This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. BOARD OF COUNTY COMMISSIONERS ATTEST: OF COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney 90 Donna Fiala, Chairman GRO .GJ &*&Y By- ame(print): •MPS- D` b Title (print): Phone # (day): -ZI �T Phone # (night): Sawn, 4 Agenda Item No. 16C1 September 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve the transfer of funds from the previous South County Regional Water Treatment Plant construction contract to the contract purposes in the amount of $3,192,049.66 within the same Water Impact Fee Fund. OBJECTIVE: To provide funds necessary to advance the contract for the South County Regional Water Treatment Plant (SCRWTP). The contract with Wharton- Smith, Inc. will facilitate the County's ability to meet peak potable water demand in the 2005 winter season and beyond. CONSIDERATIONS: At its regular meeting of July 27, 2004, the Board of County Commissioners as Agenda Item 10 P awarded a contract to Wharton - Smith, Inc. (Contract 01- 3194R), in an interim amount of $3,000,000 to complete construction of the eight million gallon per day reserve osmosis water treatment facility at the South County Regional Water Treatment Plant. As a part of the plan, it is necessary and desirable to have previous subcontractors return to the project to assist in its completion. The plan involves the County's releasing approximately 50% of the retainage that had been held by the previous contractor against the subcontractors. This will be released upon satisfactory demonstration by the subcontractor that said amounts are owed. ubse en l , the 50ounit uupon proof of completion of the subcontractor's work will release transfer the current project retainage balance of $2,140,410.35 to the Water Fund for this purpose. Any amounts remaining will be applied to the contract. The following is a list, which is not all inclusive, of subcontractors and suppliers affected: American Electric of Miami Inc., Rolling Shield, Coast Pump Water Technologies, USFilter Inc., Spancrete of Florida LLC, Afton Pump Inc., UAT c/o Moss Kelly Inc., TSC Jacobs Inc., Crom Corp., Hughes Supply Inc., Ruskin Inc., Smith Fence Inc., Burrell Scientific Inc., Miami Elevator Inc., and Cuno Inc. It is also necessary to reduce the funds in the Purchase Order to United Engineering Corporation (UEC) to a level of $400,000 to cover any remaining billing for change order work by the previous contractor. The termination of the contract with UEC was ratified by the Board on July 27, 2004, Agenda Item 10 O. This results in a reduction of the UEC purchase order in the amount of $1,051,639.31, based on the current project construction fund balance. The funds will be transferred to the Water Fund, to be made available as necessary at a later date for the Wharton- Smith, Inc. contract. This plan has been coordinated with the County Attorney's Office, the Clerk of Courts and the Purchasing Department. rte. Agenda Itern No. 16C1 September 14, 2004 Page 2 of 3 FISCAL IMPACT: The interim cost is established at $3,000,000, which is the unexpended funding available in the previous construction contract and may require a budget amendment to move funds from the retainage payable balance sheet account (205100) to the project in the amount of up to $2,140,410.35. The costs under phase three will be established at the end of phase two in September and brought back to the Board for approval later in the month. GROWTH MANAGEMENT IMPACT: The project is needed to meet future potable water demands. This project is a part of the 2003 Water Master Plan Update adopted by the Board on May 25, 2004 as Agenda Item 10 D. RECOMMENDATION: That the Board of County Commissioners take the following actions regarding the completion of the 8 MGD RO Expansion Project at the South County Regional Water Treatment Plant: 1. Authorize removal of $3,192,049.66 ($2,140,410.35 in retainage payable and $1,051,639.31 in Purchase Order reduction) from the SCRWTP Construction Contract to the Water Impact Fee Fund. 2. Authorize a budget amendment he amount of $2f 140 410.35 if necessary. to the SCRWTP Construction Contract 3. Authorize staff to release up to 50% of retainage to the subcontractors of the previous contractor upon showing proof that the retainage is due in order to encourage the subcontractors to return to and complete the project. A•3vnca'td nv. 1eC1 Septer.'�e�! �• 3� COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS � NuBay 4-, - tr ?fa: N bc:h' !mm - ".K Sn:M M et S—I—y Raf: as • In apNr�'8 NMU: T:t—hM F?wd •>%nl+r_tuf canbxJ V dm Kw c�nahacdo!! �nht -1 {^ Rykaat L B: ..:. at S'.. w--ffi when r'a...e...:Mpac Fro I— M."N Daka all —MIA -M 2l Ai•. PrapAtad By cat. Roy B. AManon. P E P_d:c Ut4tiNea E-.elmarn9 DMyeue YY'JWt ]:15:38 PN PuhF.a tAltWea f�dk UNNdea E:.pT ^a1[I:np App-1-4 BY Psrxla UbYy ws.t apClaNMa kar+rosr Cxo uT:..ds r:]3 AM PubL•c IMYJIaa Maur Appnsad By Tlnaw'A16sa cy..aNO.,y abate- Data F:ann uNma, aParaN«:, arvxad x -.]a PB PubEe UtkeW App-sad BY 9anNr PwshtnlrK aM C.mtracN Csa K:dwr w>N Agent Ad.tlMaz i'a 9srvkw Yr.ZWl44a PM P�chaasp App—d BY Jan... W. a.t.onr FuMi UNNUea AdmltdaNMr C.xa Futdk: UNRtl. AdrMn {wxNon ar,Zroa a:r. Pr WOM i11PlIM APP-4 BY P:d � hoed Ad+:inivr =�e Anaitb•= �a at5ca c! Ma- aRama:U i bYJ9at bR:xCBt d:38 PM Ca;Mry W -.aph OtNCa Apptaaad BY Seµan UaM• Lnb Nanapanam_9ud8at Nark CRa xMry Mawpata ORka rMti NlWxaweambFkngat !r]4rx:M a:t3 vu App—d By Wdtal B kt ManaBemaeN Y Bnd at D-- Cau GeuMy MS�a6sa�a an a OP-oe e!Msaq.wavMbBudpes 8.31�:�s ?:39➢M App—d By JMata Y. Ladd - x:uy Mannear ass BaarSW.G n1r Canniasbnaes ..w+rtY Yyypafa OlR_v Y ?M�s '.::tY AM Agenda Item No. 16C2 September 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to award a Sole Source Purchase Order for Return Activated Sludge Pumps and Waste Activated Sludge Pumps for the North County Water Reclamation Facility to the Ellis K. Phelps Company in the estimated amount of $75,637.00. OBJECTIVE: That the Board of County Commissioners, Ex- Officio, the Governing Board of the Collier County Water -Sewer District, award a purchase of Return Activated Sludge Pumps and Waste Activated Sludge Pumps to the Ellis K. Phelps Company as the sole source representative of Wemco Pumps in the State of Florida. CONSIDERATION: 1. The purpose of this purchase is to replace four (4) Return Activated Sludge Pumps and four (4) Waste Activated Sludge Pumps in pump stations #1 and #3, as part of Project #725061, "Renew Sludge Pump Room Project". This project will improve wastewater system reliability that is consistent with the 2003 Master Plan Update as adopted by the Board on May 25, 2004 as Agenda Item l OD. 2. These pumps are critical to the reliable, effective control of the wastewater treatment process. 3. The Wastewater Department staff recommends the approval of this sole source •— purchase from the Ellis K. Phelps Company, as it is the exclusive representative of Wemco Pumps, the original equipment manufacturer. Efficiencies will be gained by purchasing these replacement pumps since they are the same dimensions as the current pumps. The cost of labor and materials to repipe for a pump other than Wemco is estimated to be $32,000. Spare parts inventory can be minimized by using Wemco Pumps as we already have the spare parts on -site. If we were to use pumps from a manufacturer other than Wemco, we would increase on -site inventory costs by approximately $3,000. Mechanic training for 3 staff members for repair of pumps is estimated to cost $2,500 if we were to purchase pumps from a different manufacturer. The additional labor and material costs if we were to purchase a pump from a manufacturer other than Wemco total approximately one -half the cost of the current Wemco pumps. FISCAL IMPACT: The FY04 budget, as approved by the Board on September 1$, 2003 includes Funds in the amount of $75,637.00 for this action in Project #725061. The Source of the funds is Wastewater User Fees (412). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with the award of this purchase. RECOMMENDATION: That the Board of County Commissioners, Ex- Officio, the Governing Board of the Collier County Water -Sewer District, award a sole source purchase order for Return Activated Sludge Pumps and Waste Activated Sludge Pumps to Ellis K. Phelps Company in the amount of $75,637.00. Agmrdi BBm lio. teC2 SeptendPr <,• Boa Ps�e 2 of 3 COLLIER COUNTY BOARD OF COUNTY COWtSSKJNERS iHrr NOrs.. tccx BUwnrY Rx ..msu3a9:r la Sax! r Fwsa S:irx Pu:dur Cwdrtc Pel :m fckvnMt 5:rlou IFrn Pwrgs end AYme A %f d Sifte Pun4 W Ow PaC Cx 31 Woo Rrdrv:BBan FBdAy x N- EB K.? 4*!• -V-1:n Yw rimrLd EmanlG 3: D.69 %.m. HSAWW pdr 41-01A 5:00.m, i Oaw heprrad 4 iWi<E OArds OPSeadaBS ArWY 1!fU3BBi B: %:Ci AN Pu6EG UCrlcs WStfelYatw F"..d By 6w oaa R. wmy. ..a:w,aN Pbrt s+w,rrA„ews mz2%a r. %: %AY weec unaw :xrst.wx.. . Approved By Je..FI, & L!xStM1Ur Y,1SLVgwr p:r.c!ar DM �Bl:c JI{,Ne. yyyytYaerTmsbn:A UFI'MES tp'Be AN App-d BY �r woos P_,dus -W APerr �° AdNN..:ax Scvlan P:Ct:w:ny 32120W 1B:12 AN Approved By Tlw. NtdeE �r�°�a O"c'n0P � P:.bkc UeSks A:Nk Utl311sa,'benawa Ui12Wf tB:HB AN Approved By Sbva C +B Pvcluseq•Gararm Sve dradat Dse. Ade:leirtn>wS .riw 1tirtAU:ag BRS.]901 ti' %AY APP- -d By Jamrs Bd BeLa+y Rtik Ul:itleB AUrMls:ruQ lta:s PutE<UBW P:Hk UtlIWSAd MIS, -sear U:12JW 1St PM Appnt'cd BY Pa to b d Adm44vMaEVS AUIaa^.e DaY C «Sry Nsrspar. ORlce 0e'udNSarpanwrtABudpst NJ420D1.51 PN AppnvN By 14ndY G:aanwSlO LrnNam.r Bad:St A^SMk Dm SwNa!La,mb Ca-,uNs.�amn L4Hes v!W- adamSrM1i lr'ipse V36'11u 9:tS fEt App—A By s -,,,r, wn.. serve a,c,xm >rc��pa JV.mT.i oet. ra-nn �6.•r^ >r.Ofru o+ic.a Ew+sTMaer.. a andpa rnm:x+t:w aY wPPr..ed Br M:c +ae13,"YYo.rsIJ Wr.9smem 3 Budin Dtera pam Co-wKy NS.:apery O^.We xSOe a:NrspennatB B•,dBSt NJt.2Bt !:{BAN App.v By Jrnr +J. N�dd �a.+nlY NrraWt Gvn eo..a ar eo-ary e,;,..,n Ber- -+B+r. otE -a aaiaxa :B:3B Ax <&&. W --E- MCO PUMP PAM B-209-440 wad WO BoW% sea uk. Gain unh a4110 . pW) 90"M • �C Date: March 16, 2004 To: Collier County Utilities Agenda Item No. 16C2 September 14, 2004 Page 3 of 3 43%.7m •vptwrlefemorn- an Thank you for your inquiry in regard to WEMCO pumping equipment. WEMCO Pump, In Salt Lake City, Utah, is the sole source for WEMCO TORQUE -RAW rid impeller pumps and Hydr09n'tter gft separaWn sysk"M WE&IC04.SDROSTAL screw cenWdugal pumps and PrenosW prerotation syaterns; WEMCO MUNIFLO rotary lobe pumps. WEMOO ChW+-Iow ciopper pwnps; and parts for al WEMCO equ"*nt_ If we're favored with an order, we'll appnec late it It you would send it through our exclusive ! representative In your area: Ellis K. Phelps & Co. 2152 Sprint Shd. Apopka, FL 32703 Phone: 407 -850 -2900 Fax: 407- 880 -2982 For parts orders and service for all WEMOO equipment, please contact: . EKP Service Division a Division of Ewe K. Phelps & Co. 2152 Sprint Bhyd. Apopka, FL 32703 Phone: 407 -886 -3131 Favc 407- 8804MI EKP Service Division is WEM(,O's excusive repair service, Factory Authorized facility for repair and warranty Thank YOU a9aln for the opportunity to serve you. Saxereiy, y Dave Borrowman Director of Marketing DPBrzp cc: EX Phelps Agenda Item No. 16C3 September 14, 2004 Page 1 of 16 EXECUTIVE SUMMARY Recommendation to approve Satisfactions of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. Fiscal impact is $130.00 to record the Satisfactions of Lien. OBJECTIVE: Approve the satisfactions of lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. CONSIDERATION: Authorize the filing of satisfactions of lien, for previously recorded liens that have subsequently been paid. SEE ATTACHED EXHIBIT "A" ,-.. Said Liens were recorded in Official Record Book of the Public Records of Collier County, Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the public Records of Collier County, Florida. FISCAL IMPACT: Recording the Satisfactions of Lien is approximately $130.00 and will be charged to MSTD General Fund (111) — Code Enforcement Admin. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Satisfactions of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. ~°`^° COLLIER COUNTY BOARD OF COiJH� COMMISS—"R ^,,~~^ By ^,,—�"' ..=�^.'°^. ^pp~.^* .M,. ^"~~~ App—°~ ^°~~~ _— 1_1..1-1 p4o~~~— ~-.`.°zw ..-~..-~ ��=~~.�.~~~ ~ ^°~. By ^pp~^~ c—�.�� ^,p—^", ^p,~^ BY App~~ BY ~..= =."==� Agenda Item No. 16C3 September 14, 2004 Page 3 of 16 EXHIBIT "A" 1. Baton Rougc LLC, Folio # 363 I9840006, Lot 25, Block 219, Golden Gate Unit 6, Res. #2004 -124 2. Baur, Guy E & Diane J, Folio # 67080920004, Lots 61, 62 and 63, Pinel and On The Trail, Res. # 2002 -61 3. Guy E. and Diane Baur, Folio # 67080920004, Lots 61, 62 and 63, Pineland On The Trail, Res. # 2003 -284 4, H. Javier Castano & Sherry L., Folio # 62570420006, Lots 14, 15, 36, 37 and 38, Block 17, Naples Park, Unit 2, Res. # 2002 -171 5. Casteel, Rose L. Folio # 61840080009, Lot 21, Tarpon Mobile Homes, more particularly described as follows: Beginning at the NE corner of Lot 100 of Naples Groves and Truck CO's Little Farm No. 2, according to Plat in Book 1 Page 27, Public Records of Collier County, Florida, Res. #2000 -374 6. Casteel, Rose L. Folio # 61840080009, Lot 21, Tarpon Mobile Homes, more particularly described as follows: Beoinnino at the NE corner of Lot 100 of Naples Groves and Truck CO's Little Farm No. 2, according to Plat in Book 1 Page 27, Public Records Of Collier County. Florida, Res. #2001 -41 7. Comerica Bank, Folio # 36449960005, Lot l . Block 256, Golden Gate, Unit 7, Res. # 2002 -389 S. Condon, Kelly, Folio # 6078' )600000, Lot S. Block E, Myrtle Cove Acres, Res. #2003 -441 9. Dconarine, Angela, Folio # 55201960004, Lot 49, Lely County Club - Muirfield, Res. #2003 -398 10. Fenton, Bonnie L., Folio # 36449960005, Lot 1, Block 256, Golden Gate Unit 7, Res. #2003 -405 I L IL Dollaro S.R.L., an Italian corporation, Folio # 61381240007, Lots 48 and 49, Naples Bayview Addition No. 1, Res. #2002 -353 12. Ramirez, Licimaco, Folio # 48730040004, Lots 1, 2 and the North 20' of Lot 3, Block A, Haldeman River Subdivision, Res. #2003 -394 13. Seva Est, Armand, Raul Seva, Folio # 52344760009, Lot 127, Isles of Capri #1, Res. #2003-448 This instrument prepared by'. Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 36319840006 SATISFACTION OF LIEN Agenda Item No. 16C3 September 14, 2004 Page 4 of 16 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Baton Rouge LLC 4730 Golden Gate Pkwy., Ste. A Naples, FL. 34116 Lien was recorded on the 20`' day of May 2004, in Official Record Book 3568 Page 3559 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Sixty Five Dollars and No Cents ($265.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 25, BLOCK 219, GOLDEN GATE UNIT 6 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2004• ATTEST: DWIGHT E. BLOCK, Clerk Approved as to form and legal suffic y ROBER ZA RY BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 67080920004 SATISFACTION OF LIEN Agenda Item No. 16C3 September 14, 2004 Page 5 of 16 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Baur, Guy E & Diane J 2200 Clipper Way Maples, FL 34104 Lien was recorded on the 61h day of March 2002, in Official Record Book 2993 Page 3084 in the Office of the Clerk of the Circuit Court of Collier County, Statc of Florida. The Lien secures the principal sum of Three Hundred Fifty Dollars and No Cents ($350.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 61, 62, AND 63, PINELAND ON THE TRAIL Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of , 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Approved as to form and legal ciency� ROBERT ACHARY DONNA FIALA, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941)774 -8400 Property Folio No. 67080920004 SATISFACTION OF LIEN Agenda Item No. 1603 September 14, 2004 Page 6 of 16 KNOW ALL MIEN BY THESE PRESENTS: That the BOARD OF COUNTY COM1yiISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Guy E. and Diane Baur 2200 Clipper Way Naples, Florida 34104 -3320 Lien was recorded on the 151h day of September 2003, in Official Record Book 3396 Page 2762 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Four Hundred Dollars and No Cents ($400.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 61, 62 AND 63, PINELAND ON THE TRAIL Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. LNr WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of , 2004• ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Approved as to form and le al sufficiency ROBER HARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 62570420006 SATISFACTION OF LIEN Agenda Item No. 16C3 September 14, 2004 Page 7 of 16 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: H. Javier Castano & Sherry L. 8235 Wilshire Lakes Blvd Naples, FL 34109 Lien was recorded on the 30'h day of April 2002, in Official Record Book 3027 Page 2701 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 14, 15, 36, 37 AND 38, BLOCK 17, NAPLES PARK, UNIT 2 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _____ day of ___, 2004. ATTEST. DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency R BER A HARP BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 61840080009 SATISFACTION OF LIEN Agenda Item No. 16C3 September 14, 2004 Page 8 of 16 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COYEMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Casteel, Rose L. 3259 Karen Dr Naples, FI 34112 -7327 Lien was recorded on the 5'h day of December 2000, in Official Record Book 2750 Page 1987 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 21, TARPON MOBILE HOMES, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF LOT 100 OF NAPLES GROVES AND TRUCK CO'S LITTLE FARM NO. 2, ACCORDING TO PLAT IN BOOK 1 PAGE 27, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of , 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Approved as to form V ll s ' iency T ZACHARY DONNA FIALA, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 61840080009 SATISFACTION OF LIEN Agenda Item No. 16C3 September 14, 2004 Page 9 of 16 KNOW ALL MEN BY THESE PRLS:j- NTS. That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Casteel, Rose L. 3259 Karen Dr Naples, Fl 34112 -7327 Lien was recorded on the 7`" day of March 2001, in Official Record Book 2787 Page 0763 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($215.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 21, TARPON MOBILE HOMES, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF LOT 100 OF NAPLES GROVES AND TRUCK CO'S LITTLE FARM NO. 2, ACCORDING TO PLAT IN BOOK I PAGE 27, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2004. ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency ROBERT ARY BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 36449960005 SATISFACTION OF LIEN Agenda Item No. 16C3 September 14, 2004 Page 10 of 16 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Comerica Bank Attn: Accounts Payable 500 Woodward Ave. Detroit, MI 48226 Lien was recorded on the 15t' day of October 2002, in Official Record Book 3131 Page 2308 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 1, BLOCK 256, GOLDEN GATE, UNIT 7, Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2004• ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Approved as to form and legal suf ' ncy RD ER RY DONNA FIALA, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County .Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No, 60783600000 SATISFACTION OF LIEN Agenda Item No. 16C3 September 14, 2004 Page 11 of 16 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Condon, Kelly 312 Southwind Ct. #102 N. Palm Beach, Ft. 33408 -5304 Lien was recorded on the 81h day of January 2004, in Official Record Book 3480 Page 1629 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 8 BLOCK E, MYRTLE COVE ACRES Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2004, ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Approved as to form and le al su ncy ROBERT ZA ARY DONNA FIALA, CHAIRMAN This instrument prepared by: Robeit Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 55201960004 SATISFACTION OF LIEN Agenda Item No. 16C3 September 14, 2004 Page 12 of 16 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Deonarine, Angela 1944 Piccadilly Naples, FL. 34112 Lien was recorded on the 12`h day of December 2003, in Official Record Book 3462 Page 1635 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows. LOT 49, LELY COUNTRY CLUB — MUIRFIELD, Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ! day of , 2004• ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT I— BROCK, Clerk COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency R BER ARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 36449960005 SATISFACTION OF LIEN Agenda Item No. 16C3 September 14, 2004 Page 13 of 16 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Fenton, Bonnie L. 239 Osprey Lndg Unit 206 Naples, FL. 34104 -6638 Lien was recorded on the 12'" day of December 2003, in Official Record Book 3462 Page 1649 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 1, BLOCK 256, GOLDEN GATE LMT 7 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2004, ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency ROBERTZA ARY BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA B DONNA FIALA, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 EastTamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 61381240007 SATISFACTION OF LIEN Agenda Item No. 16C3 September 14, 2004 Page 14 of 16 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: IL Dollaro S.R.L., an Italian corporation Via melchiorre Gioia #11 44100 Ferrara Italy Lien was recorded on the 2nd day of October 2002, in Official Record Book 3121 Page 1553 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 48 AND 49, NAPLES BAYVIEW ADDITION NO. I Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2004. ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal suf ' ' ncy R BER ZA RY BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attomey 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 48730040004 SATISFACTION OF LIEN Agenda Item No. 16C3 September 14, 2004 Page 15 of 16 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Ramirez, Licimaco 545 Production Blvd Naples FL 34104 Lien was recorded on the 12`h day of December 2003, in Official Record Book 3462 Page 1625 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Fifty Dollars and No Cents ($350.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 1, 2, AND THE NORTH 20' OF LOT 3, BLOCK A, HALDEMAN RIVER SUBDIVISION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledule th.at the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this I day of , 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Approved as to form and legal s ncy �--� RO ERT ZA ARY DONNA FIALA, CHAIRMAN This instrumcnt prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 52344760009 SATISFACTION OF LIEN Agenda Item No. 16C3 September 14, 2004 Page 16 of 16 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY CONIMISSION`ERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Seva Est, Armand, Raul Seva 25 Dolphin Cir Naples FL 341134017 Lien was recorded on the 8tb day of January 2004, in Official Record Book 3480 Page 1645 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents (5255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 127, ISLES OF CAPRI #1, Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Approved as to form and leg- s s+ cy ROBERT A RY DONNA FIALA, CHAIRMAN Agenda Item No. 16C4 September 14, 2004 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve work Order HS- FT -04 -04 under 00 -3119 — Fixed Term Professional Utilities Engineering Services to Hazen and Sawyer in the amount of $285,310 for Engineering Services for the design of Lime Softening Fourth Reactor, Project 710011, Project 710012. OBJECTIVE: That the Board of County Commissioners, as Ex- officio the Governing Board of the Collier County Water -Sewer District, approve a work order for Engineering Services for design and permitting of a Lime Softening Fourth Reactor. CONSIDERATIONS: This project is consistent with the 2003 Water Master Plan adopted by the Board of Collier County Commissioners on May 25, 2004, under Item 10(D). The purpose of the Lime Softening Reactor is to introduce lime and other chemicals into the water pumped from the ground to soften it prior to further treatment to result in a high quality end product to deliver to the customers. A fourth reactor, which was part of the original design, was excluded from the construction while building the plant for various reasons. It is necessary to build a fourth reactor now, in order to maintain and repair the existing reactors to provide reliability at the South County Regional Water Treatment Plant (SCRWTP). In accordance with the procurement policy of Collier County, and under contract 00- 3119, Fixed Term Professional Utilities Engineering Services, dated April 10, 2001, staff requested a proposal from Hazen and Sawyer to provide Engineering Services related to the design and permitting to build a Lime Softening Fourth Reactor at the SCRWTP. Staff received a proposal of $285,310 for this service and found it fair and reasonable on the basis that this cost is inclusive of design and permitting service and is approximately 10% of the estimated construction cost of a Lime Softening Fourth Reactor. In current dollars, the construction cost to build a Lune Softening Reactor in Collier County is estimated to be $2.85 Million. Based on a manual No. 45 published by the American Society of Civil Engineers, Chapter 5, page 44, this cost proposal is inline with the estimated Consultants cost and therefore, this proposal is found to be fair and reasonable. FISCAL IMPACT: This Project is consistent with the current Fiscal Year Capital Improvement Budget approved by the Board of Collier County Commissioners on September 18, 2003. Funds in the amount of $188,305 and $97,005 are budgeted and are available in project 710011 and project 710012 Lune Softening Fourth Reactor respectively. The source of funds is Water User and Impact Fees. GROWTH MANAGEMENT IMPACT: The project involves improvements for the reliability purposes and due to growth to meet the future needs in the south service area. This project is consistent with and furthers the Goals, Objectives and Policies of the Collier County Growth Management Plan. Executive Summary Approve Worts Order for Hazen and Sawyer Page 2 Agenda Item No. 16C4 September 14, 2004 Page 2 of 12 RECOMMENDATIONS: That the Board of County Commissioners, as Ex -officio the Governing Board of the Collier County Water -Sewer District approve work order HS- FT -0404 in the amount totaling S285,3 10 to Hazen and Sawyer and authorize the Public Utilities Engineering Director to execute the necessary work order. N. 16C4 !A, 2'KA 3 W 12 COLLIER COUNTY SOAFtr OF MMTY COMMISSIONERS h— Summary NeP.,N By Approved By Approved by "p-4 By Approved By 1pp.ved By I pp—d By Approved By 12 JG PM Appm,N By App-," By App.," Fly Appnv By App— By 1'- 11 07 WORK ORDER If fj}IFT-44 -1111 Agmemsat for Fired Term Professional 611911110401111111 81rtriees Dated April 1o, 2081 (Contract #W3119) This Work Order to for protesslonai for work known as The work is s000lfied in the proposal doted August 4,2004, which is attsohed hereto and made a part of this Work Order as Exhibit A. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order i< MS -FT -04-04 is assigned to K en : axver. P.C. (Firm Nome) Scone of Work: Engineering servloes to Collier County Public Utilities tar the study, survey, design and permftttng for Lime Softening 0 Reactor at SCRW TP. achogUla of Work: Helen and Sawyer, P.C., agrees to accomplish the following milestones In the timeline described below from the mcelpt of the Notice to Proceed authorizing to start work: Study work xithin _ 6_ = weeks. Survey and Preliminary sign work within _§ weeks. 100% Design work within 30 weeks. Compensation. In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicMed in the schsdute below (if a task is time and material, so indicate and use the established hourly rates) as enumerated in Schedule 'A' of the Agreement). 9ERVICEt1 1.0 Preliminary Design 2.0 Detailed Design 9,0 Permitting 4.0 Construction Bad Services 6.0 TOD 8.0 TOD 7.0 Additional Services Tclai Fill! aFRE TYPE $11,950 TIM $197,580 TIM 11251000 T1M $3.380 TIM $47.300 T/M &VU10 010t tv Fxtsed) Any change within monetary authority of thi3 Work Order made subsequent to final department approval will be Considered an additional service and charged according to Sched ' of Agreement. MANUMONY 4 maor P-Jea MMVr MMUZVM ZT- DAT L WUbMD. Munts, PB., Frimeiw Project MARMIN Pv tic Utll ties 6110neerin$ DrImUntat )REVEgWZD eY• A7 w8w Diwa r iRSV1EWBD11Tt DAB_ 3tc:re C&ftu Pwd"" Director RxVIIft:ww'ia iY- — I Roy B. Aeseow PF,, Dbww Pdit Umbin E0911a rsfo$ Deimm"m Approved as to Form and ACCEPTED 8Y Legal Sufficiency: Date: 8 f ! l / d� Them" Palmer. Assistant County Attorney wn1Lfttuf* sy: Mr. Kort g. Pl4fter. P.F.. Senior Associate Name and Title /vi..- ft!! Mt. Ajbert Muni t. P' E., Vice President Hazen and Sawyer P.C., ZW*ta.dtts Agenda Item No. 1604 September 14, 2004 Page 4 of 12 ATTACHMENT A Collier County County Work Order HS -FT -04-04 SCRWTP Lime Treatment Unit No. 4 Date: August 4, 2004 PREAMBLE Agenda Item No. 16C4 September 14, 2004 Page 5 of 12 The Board of County Commissioners of Collier County (hereinafter COUNTY) requested Hazen and Sawyer, P.C. (hereinafter CONSULTANT) to provide engineering services for the addition of a fourth lime treatment unit and related appurtenances at the South County Regional Water Treatment Plant ( SCRWTP). The existing SCRWTP consists of a 12 -MGD lime softening treatment process train. The lime softening treatment process train contains three lime treatment units, each manufactured by Infilco- Degremont, Inc. and each with a diameter of 48 feet and a rated capacity of 4.0 MGD. Treatment Unit No. 1 was installed in 1982, and Treatment Units 2 and 3 were installed in 1987. Following degasification, raw water is distributed by a splitter box to the three lime treatment units. Softened water exits the lime treatment units and flows by gravity to filtration and chlorine contact facilities before being pumped to the COUNTYIKIfinished water distribution system. The COUNTY has identified the need to construct a fourth lime treatment unit to provide full redundancy and reliability for the lime softening treatment train. The following are additional sizing/design parameters established by the COUNTY 1. Considering the possibility that the North County Regional Water Treatment Plant ( NCRWTP) being converted to 100 percent reverse osmosis treatment, raw water from the Tamiami wells can -be re- allocated from the NCRWTP to the SCRWTP. In planning for the potential increase in available raw water, the fourth treatment unit shall be sized for a design capacity of 6 MGD in lieu of 4 MGD. Existing treatment unit support systems, including lime storage /slaking equipment and polymer feed equipment, will be evaluated to confirm that they are sized adequately to serve the expanded lime treatment capacity. Preparation of bidding documents (drawings and specifications) for expansion of support systems is not included in the scope for Tasks 1, 2 and 3 of this Work Order. Note that if the evaluation concludes that expansion of these support systems are required, preparation of bidding documents (design drawings and specifications) for these support system will be provided as an Additional Service under the terms of Task 7.7. 2. Afield survey shall be conducted to evaluate whether or not there is adequate space available on the proposed site for a 6 MGD conventional lime treatment unit. 3. Alternate lime softening process configurations and enhancements shall be evaluated with regards to efficiency, required footprint and cost- effectiveness. The evaluation shall be used to establish the basis of design for the fourth treatment unit, i.e. Elvhetherthe design of Lime Treatment Unit No. 4 should be similar to the existing three treatment units or should utilize an alternate, enhanced technology. R.ACollier County1W04 ATT A 08 -04 -04 (draft). doc Page 1 of 8 Agenda Item No. 16C4 September 14, 2004 Page 6 of 12 4. The fourth compartment in the Lime Treatment Unit Inlet Distribution Splitter Box is currently piped to a plant bypass line. The COUNTYhas requested that the Distribution Splitter Box and associated piping be modified to allow for the fourth compartment to serve the proposed Lime Treatment Unit No. 4 while preserving the ability to bypass. In addition, the COUNTY has requested that the following items be addressed in this Work Order: 1. A hydraulic analysis to determine the maximum available capacity of the raw water transmission system from the existing Tamiami well field to the SCRWTP. 2. A hydraulic evaluation of the Lime Treatment Units, including all hydraulic components and control points upstream and downstream of the treatment units, to determine the cause of the hydraulic imbalance between Treatment Units 1, 2 and 3 and provide a recommended solution. Note that the detailed design of the recommended solution is not included within the scope of services for this work order, but can be added as a separate item under Additional Services, Task 7.4. PROJECT PHASING The work order is broken down into tasks as follows: Task 1 preliminary Design Task 2 UFinal Design Task 3 permitting Task 4 DConstruction Bid Services Task 5 IDConstruction Contract Administration Task 6 []Detailed Observation Task 7 DAdditional Services SCOPE OF SERVICES TASK 1— PRELIMINARY DESIGN 1.1 — Technical Memorandum CONSULTANT will prepare a technical memorandum presenting a narrative of the proposed work, preliminary construction drawings (30% level), design criteria with appropriate exhibits to clearly indicate the considerations involved (including applicable requirements of all governmental agencies having jurisdiction on the project), a preliminary estimate of construction costs, a preliminary project schedule, and CONSULTANT's recommendations for proceeding with the detailed design of the project. 1.2 — In -House QA/QC Review The draft technical memorandum will receive an in -house QA/QC review prior to submittal to the COUNTY_ The review will consist of comments from senior level staff members to check for compliance with applicable codes and standards. RXollier County1W04 ATT A 013 -04-04 (draR).doc Page 2 of 8 Agenda Item No. 16C4 September 14, 2004 Page 7 of 12 1.3 — Review with COUNTY The draft technical memorandum will be distributed to the COUNTY(eight copies), approximately two weeks prior to the scheduling of a review meeting. This review meeting will serve as a forum for receiving and reviewing COUNTYinput. 1.4— Finalize Technical Memorandum Based on comments received from the COUNTY, the CONSULTANT will finalize the technical memorandum. Eight copies of each will be forwarded to the COUNTYfor final acceptance. TASK 2 — DETAILED DESIGN 2.1 — Prepare 60 %AND 90% Documents Upon receiving final acceptance of the Technical Memorandum from the COUNTY, the CONSULTANT will commence with the preparation of detailed design contract documents (drawings and technical specifications) for the project. Improvements shall be designed per the recommended criteria as presented in the final Technical Memorandum accepted in Task 1. 2.2 - Cost Estimate (60% and 90% Designs) CONSULTANTwill prepare cost estimates at the 60 percent and 90 percent design completion stages to provide the COUNTYwith up-to -date progress estimates of projected probable construction costs. 2.3 — In -House QA/QC Review The 60 percent and 90 percent design documents will receive in -house QA/QC reviews prior to submittal to the COUNTY. The review will include verification of compliance with applicable codes and standards, final interdisciplinary checks, general coordination and constructability issues, and will be conducted by senior level personnel not involved in the day - today activities of the project to ensure a "fresh eyes" review. 2.4 —Review with COUNTY The 60 percent and 90 percent design documents will be distributed to the COUNTY(eight copies), approximately two weeks prior to the scheduling of the respective review meetings. These review meetings will serve as a forum for receiving and reviewing COUNTYinput. 2.5 — Final Contract Bidding Documents Based on input received from the COUNTYat review meetings during Task 2.4, the CONSULTANT will prepare the proposed final (1000) contract documents. 2.6 — Delivery of Final Contract Bidding Documents CONSULTANT will famish COUNTYwith reproducible originals and/or electronic files of proposed final contract documents and five (5) sets of the 100% completion level detailed opinion of probable construction cost. TASK 3 - PERMITTING 3.1 — Construction Permitting RiCollier CountylW04ATTA 08 -04-04 (draft).doc Page 3 of 8 Agenda Item No, 16C4 September 14, 2004 Page 8 of 12 Coordinate and attend up to two (2) meetings with the following regulatory agencies to discuss the requirements for acquiring pre -bid construction permits for this project. • Collier County Development and Environmental Services Division • Florida Department of Environment Protection (FDEP) • South Florida Water Management District Coordinate contact with these agencies through the COUNTY Project Manager. Prepare permit applications required for addition of Lime Treatment Unit No. 4 and related appurtenances. Completion of the following permit applications are assumed: • One FDEP permit application • One (1) Site Development Plan Amendment as required by the Collier County Development and Environmental Services Division. • One SFWMD Environmental Resource Permit (including stormwater management system update) Prepare up to three (3) written responses to the regulatory agencies request for additional information (RAI) regarding each permit application referenced above. Compensation for this task includes permitting fees. Permitting fees will be paid by the CONSULTANT and reimbursed by the COUNTYthrough this Task. Task 3.2 — Building Department Permit Assistance Supply the contractor with five (5) signed and sealed bid -set contract documents for the contractor to apply and acquire a Collier County Building Department permit. The contractor shall be responsible for obtaining the building department permit. Assist the contractor to obtain a construction permit from the Collier County Building Department. Assistance shall include correspondence with the contractor and Collier County Building Department, coordination and attendance at meetings with the Collier County Building Department to address comments regarding the design intent, revisions of drawings and specifications to meet the requirements of the Collier County Building Department. TASK 4 — CONSTRUCTION BID SERVICES Services to be provided during the bidding and award phase are as follow: 1. Attend pre -bid meeting with prospective bidders; 2. Prepare and issue addenda as appropriate to interpret or clarify contract documents; TASK 7 — ADDITIONAL SERVICES 7.1 — Reimbursable Expenses R iCo!lier County1W04 ATT A 08 -04 -04 (draft)_doc Page 4 of 8 Agenda Item No. 16C4 September 14, 2004 Page 9 of 12 Expenses of reproductions, postage and handling of Drawings and Specifications, travel, etc. in accordance with Article 5.3 of the Agreement for Professional Utility Engineering Services between Hazen and Sawyer, P.C. and Board of County Commissioners for Collier County, Florida. 7.2 - Surveying Surveying of the treatment facility area to establish baseline conditions for the Design Report and serve as control of hydraulic points and miscellaneous items during construction. 7.3 — Geotechnical Services Laboratory testing and geotechnical work associated with the characterization of soils for structural design and laboratory testing of materials during construction. 7.4 — Raw Water Transmission System Hydraulic Capacity Evaluation Conduct a hydraulic analysis to determine the maximum available capacity of the raw water transmission system from the existing Tamiami well field to the SCRWTP. The analysis shall be presented in a letter report format and include detailed calculations and/or modeling results to support the report ®conclusions. The report will also provide recommendations for how to most cost - effectively increase the raw water transmission system capacity to an amount to be determined by the COUNTY. 7.5 — Lime Treatment Unit Flow Distribution Hydraulic Evaluation Perform a hydraulic evaluation of the Lime Treatment Units Nos. 1, 2 and 3, including all hydraulic components and control points upstream and downstream of the treatment units, to determine the cause of an imbalance between Treatment Unit No. 2 and Treatment Units 1 and 3. The evaulation shall be presented in a letter report format and include detailed calculations and/or modeling results to support the report© conclusions. The report will also provide recommendations for the most cost - effective solution to correct the hydraulic imbalance. Note that the detailed design of the recommended solution is not included within the scope of services for this work order, but can be added as a separate item under Additional Services, Task 7.7. 7.6 — Additional Services (as authorized) Provide additional services, at costs agreed upon by the COUNTY and CONSULTANT and as authorized by the COUNTY, which may arise during the course of the work, that are consistent with the intent of the original work order, but, were not envisioned as part of the original or amended scope of work and. CONSULTANT shall submit a proposal to perform Additional Services prior to the performance of the work. The proposal shall include the specific services to be performed, time to complete, compensation, and an explanation as to why the services were not previously envisioned as part of the scope of work. The proposed Additional Services must be approved by the COUNTY® Project Manager in writing in advance of performance of said Additional Services. Failure to notify the COUNTYin writing of Additional Services shall be deemed a waiver of any claim by the CONSULTANT that such services were Additional Services. Additional written authorization from the COUNTYwill be required for any charges that exceed the predetermined upper limit. ASSUMPTIONS R.ACollier CounfyIW04 ATTA 08-04 -04 (draft).doc Page 5 of 8 Agenda Item No. 16C4 September 14, 2004 Page 10 of 12 The following assumptions were made in preparation of the above scope: 1. Engineering fees for construction phase services are based upon 8 -hour workdays, Monday through Friday, excludes work on weekends and COUNTYholidays. 2. The COUNTY will provide to -scale hard copies of all available documents (i.e., design drawings, record drawings, shop drawing laying schedules and other improvements records) that show the location of all existing facilities and associated underground utilities related to the scope of services for this work order. CONSULTANT shall review these documents to develop base drawings, in electronic format, of the existing facilities at the SCRWTP and the Tamiami well field and raw water transmission system to the SCRWTP. 3. The COUNTYwill provide all available shop drawings for equipment related to existing Lime Treatment Units 1, 2 and 3 for the CONSULTANT ®reference in developing design documents. 4. The COUNTY will provide a copy of the current SCRWTP operating permit for the CONSULTANT9reference in developing design documents and the FDEP permit application. RiCollier County1W04ATTA 08 -04 -04 (drafi).doc Page 6 of 8 Agenda Item No. 16C4 September 14, 2004 Page 11 of 12 COMPENSATION The compensation for engineering services provided under this work order shall be on a Time and Material basis with a not -to -exceed amount of $378,300. A cost breakdown by task for engineering services described in this work order follows: Description Time and Materials Not -to- Exceed Fee Task 1 mesign Report $11,850 Task 2 preliminary and Final Design 197,580 Task 3 - Permitting 25,000 Task 4 ElConstruction Bid Services 3,380 Task 5 E)Construction Contract Administration TBD Task 6 metailed Observation TBD Task 7 ❑Additional Services 47,500 Total — Labor and Expenses (Not -to- Exceed) $ 285,310 A detailed tabular breakdown of labor effort by task is included as Attachment 1. A preliminary list of design drawings is included as Attachment 2. A preliminary opinion of construction costs is included as Attachment 3. Pass through costs, such as excess shop drawing reviews, inspection overtime, and contractor proposed substitution reviews shall be billed separately to COUNTYfor contractor reimbursement in accordance with the construction contract documents. NOTE: It is noted that this scope of services assumes services are based upon 8 -hour workdays, Monday through Friday, excluding COUNTYholidays. Should longer work hours, or weekend work hours, be requested by the construction contractor and approved by the COUNTY, an equitable adjustment to CONSULTANT'S fee will be made which may include overtime rates. Should the construction period extend beyond the contract construction period, appropriate adjustment of services and fee shall be made by amendment to this Work Order. R iCopier CounVW04 ATT A 08 -04-04 (draft). doc Page 7 of 8 Agenda Item No. 16C4 September 14, 2004 Page 12 of 12 SCHEDULE The duration of major work tasks are summarized below: Description Completion Time from Notice -to- Proceed" Task 1 - Preliminary Design 10 weeks Task 2 Detailed Design 30 weeks Task 3 ElPermitting 30 weeks Task 4 OConstruction Bid Services 36 weeks Task 5 ElConstruction Contract Administration TBD Task 6 Detailed Observation TBD Task 7 ElAdditional Services Note A: Unless otherwise noted. RACollier County1W04 ATTA 08-04 -04 (dratt).doc Page 8 of 8 Agenda Item No, 16C5 September 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve partial transfer of funding source for the Lime Softening Fourth Reactor in the amount of $136,000 for the design and permitting from Water User Fees Project 710011 to Water Impact Fees Project 710012. OBJECTIVE: That the Board of County Commissioners, as Ex- officio the Governing Board of the Collier County Water -Sewer District, approve a partial transfer of funding source in the amount of $136,000 for the design and permitting from Water User Fees Project 710011 to Water Impact Fees Project 710012 for the Lime Softening Fourth Reactor. CONSIDERATIONS: This project is consistent with the 2003 Water Master Plan adopted by the Board of Collier County Commissioners on May 25, 2005, under item 10 D. The source of funds was listed as Water User fees. The purpose of the Lime Softening Reactor is to introduce lime and other chemicals into the water pumped from the ground to soften it prior to further treatment to result in a high quality end product to deliver to the customers. A fourth reactor, which was part of the original design, was excluded from the construction while building the plant for various reasons. It is necessary to build a fourth reactor now, in order to maintain and repair the existing reactors to provide reliability at the South County Regional Water Treatment Plant (SCRWTP). Staff negotiated with Hazen and Sawyer for this project and held a meeting with our Operations Department Staff and the Engineers. Stemming from the meeting and further discussions with the Director of Engineering and Director of Water Department, following are the proposed Scope of Services for this project: 1. Considering the likelihood of our North County Regional Water Treatment Plant being converted to a Reverse Osmosis plant, raw water from the Tamiami Wells can be re- allocated to the SCRWTP. In planning for the potential increase in available raw water, this fourth reactor shall be sized for a design capacity of six million gallon per day (MGD) instead of four MGD as proposed in the Master Plan. Staff requested a scope of feasibility study and design to construct a six MGD reactor. 2. A survey to accommodate a six MGD reactor adjacent to the existing reactors. 3. Hydraulic analysis and required pipe sizing to transport Tamiami Well raw water to the SCWTP. 4. Hydraulic analysis to test / evaluate the behavior / efficiency of the existing three reactors in order to connect a fourth reactor to the system. 5. Alternate technology of processing for the fourth reactor along with the cost evaluation and efficiency of production comparison. Based on the above scope of services, and further discussions with the Directors of Public Utilities Department and other Consulting Engineers, the source of funding for this project will need to be split two thirds (67 %) User Fees and one -third (33 %) Impact Fees to accommodate the capacity improvement. Execudve Summary Transfer of Funds from Fund 412 to 411 Page 2 Agenda Item No. 16C5 September 14, 2004 Page 2 of 3 FISCAL IMPACT: This Project is consistent with the current Fiscal Year Capital Improvement Budget approved by the Board of Collier County Commissioners on September 18, 2003. There are no changes in the budgeted amount for this project due to this transfer. However, a budget amendment is necessary to split the FY 04 budgeted funds from User Fee Fund 412, Lime Softening Fourth Reactor, Project 710011, to Impact Fee Fund 411 Lime Softening Fourth Reactor, Project 710012. GROWTH MANAGEMENT IMPACT: The project involves improvements for the reliability purposes and due to growth to meet the future needs in the south service area. This project is consistent with and furthers the Goals, Objectives and Policies of the Collier County Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners, as Ex- officio the Governing Board of the Collier County Water -Sewer District approve the transfer of funding source from User Fee Fund 412 to Impact Fee Fund 411 and approve a budget amendment in the amount of $136,000 for the design and permitting from the Water User Fees Fund 412 to Water Impact Fees Fund 411. COLLIER COUNTY SO~�OF CVJN" --OMMISS[ONER^ ,.X"°W~ 1 12 Do G, ~ � ^pp-4 By App~.^* ~ ^pp~.~", ^,,~° By App—,d ~ A ppr,,,d By ^ pp—Id * == =~^ ."r—d By ~ ^=~^ By i4 211. ^°~~ By Agenda Item No. 16C6 September 14, 2004 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to award Bid #04 -3695 — "Annual Contract for Sodium Hypochlorite Solution" to Allied Universal Corp. in the estimated annual amount of $500,000.00. OBJECTIVE: To provide a continuing contract for delivery of sodium hypochlorite for disinfection and to control odor caused by hydrogen sulfide and organic gasses at the water treatment and wastewater reclamation tiicilities. CONSIDERATION: 1. The County's Public Utilities Division operates water and wastewater facilities necessary to serve the customers of the County Water /Sewer District. 2. These facilities provide treatment of the County's water and sewage and a by- product of such treatment can be odorous hydrogen sulfide and organic gasses. 3. Bid #04 -3695 — "Annual Contract for Sodium Hypochlorite Solution" was posted on June 30, 2004. Fifty (50) inquiries were sent to vendors. Two (2) packages were received. All legal requirements have been met. 4. Staff has reviewed the bids received and recommends that the lowest, qualified and responsive bidder, Allied Universal Corp., be awarded this contract. Odyssey Chemical submitted the other bid, which was a little over 5 cents /gallon higher than the Allied Universal Corp. bid. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. FISCAL IMPACT: The fiscal impact of awarding this bid is in the estimated amount of $500,000.00. Funds are budgeted and approved in the Collier County Water /Sewer District North and South Water Treatment Plants, and North and South Wastewater Treatment plants plant budgets. RECOMMENDATION: That the Board of County Commissioners, Ex- Officio, the Governing Board of the County Water Sewer District, award Bid #04 -3695 — "Annual Contract for Sodium Hypochlorite" to Allied Universal Corp. Agenda Item No. 1606 September 14, 2004 Page 2 of 4 43-7.N. ate, F,,g. J I COLLIER COUNTY BOARS] OF COUNTY Comm'$SONERS SJ i -36x - r-- k, S-.r. 1. cl, P,.P.m B, Dae APP—A By App— By W.—w- App— By :1 MAN "p— S, W— App— By App—M by P.— —1— --f- Appm,yd By K-—n tl—ll. f 2. App—d By —y .pp-4 By .'AN App-r By Uo N O p �1 > CD cS 0 a) c aZ N J cn U < • m � n. � O m O Y N .m O —_ ch � m C 3 m � C m 2 O U d m m O Q CL E O w c O U c o C 7 C p (n tD t0D C O 4 U o [D = O CD 0) N CL O lO I I I IO O i I i0 I � I I O � I I IO I O j I I 1-100 p OO oIO O FO [� tn m 0 m m } 0 0 O I I I O p O p �_ 10 C) Q 0 m v v } y m C 0 m r O (M O H O CL O Z O d C V x O � Z 2 � O E o 1 co M aj m m v i Z CD tan p $ m j 00 H mU W 3 C O U E j d O O 'D C 7 J N 7 l ci L N w O C _O `gym m m C m Lm E O al j W v rD D LL J � to Q Q O CD 0) N CL Agenda Item No, 16C7 September 14, 2004 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to adopt a Resolution and approve a Declaration of Easement for additional well site easements within property acquired for a future park at an estimated cost not to exceed $28,454, Project 710111. OBJECTIVE: That the Board of County Commissioners of Collier County, Florida (Board), adopt, approve, and authorize its Chairman to sign a Resolution and Declaration of Easement. CONSIDERATIONS: Collier County owns 128.9 acres of land located on the north side of the future extension of Vanderbilt Beach Road at the north terminus of 9`h, 11th, and 13`h Streets NW. This site was acquired in 2001 for a park and recreational facility (Park Property). The Board of County Commissioners approved Agenda Items 16C2 and 16C7 on January 22, 2002, and July 30, 2002, respectively, for the installation of five (5) Lower Hawthorn public water supply wells (Wells RO 13N through RO 17N) and pipeline along the southern and eastern boundaries of the Park Property, as shown on the attached location map. To maintain the reliability of the existing North Hawthorn Wellfield, the Public Utilities Division seeks to obtain additional easement area adjacent to the existing well sites for the installation of Mid Hawthorn wells and related wellfield facilities. The additional easement area for these five (5) locations will total no more than 35,000 square feet (7,000 square feet or less per well site). Real Estate Services' in -house Real Estate Appraiser valued the easement area at $0.81 per square foot. The Parks & Recreation Department purchased the Park Property with Impact Fee monies and will be reimbursed based upon the actual square footage contained within the additional easement area, for a total sum not to exceed 528,350. The intent of this action is consistent with the 2003 Update to the Water Master Plan as adopted by the Board on May 25, 2004 as Agenda Item 10 D because approving this action will Ruttier the process to enhance water supply reliability given the continuing trend of declining quality and quantity from the existing Lower Hawthorn wells. A Declaration of Easement and Resolution outlining this transaction will be presented to the Board's Chairman for execution once they have been reviewed and approved by the Public Utilities Division, Parks & Recreation Department, the Transportation Division, and the County Attorney's Office. Staff is requesting blanket approval in order to expedite this transaction. FISCAL IMPACT: The total cost will not exceed $28,454 ($104 to record the Declaration of Easement and $28,350 to be reimbursed to Parks & Recreation). Funds in the amount of $28,454 are available under Project 710111, NCRWTP New Mid Hawthorn Wellfield. The intent of the proposed acquisition is consistent with the Water Capital Budget funds budgeted for FY 04 for Project 710111, as approved by the Board on September 18, 2003. Source of funds is Water User Fees (Fund 412). Funds in an amount not to exceed $28,350 shall be deposited into the Regional & Community Parks Impact Fee Fund (346). Agenda Item No. 1607 September 14, 2004 Page 2 of 4 GROWTH MANAGEMENT IMPACT: There this project. is no impact on growth management related to RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution, approve the Declaration of Easement and authorize Chairman Fiala to execute both on behalf of the Board once they have been reviewed and approved by the Public Utilities Division, Parks & Recreation Department, the Transportation Division, and the County Attorney's Office; and 2. Authorize staff to record the Declaration of Easement in the Public Records of Collier County, Florida; and 3. Authorize the reimbursement and necessary budget amendments from the Public Utilities Division to the Parks & Recreation Department in an amount not to exceed $28,350. A,- InA;:em No 16C7 '10—t., 14 2' XA COLLIER COUNTY X r.. I"! PrepvN By App.Y By App-4 BY P. App—" By Appry By T —'—:- App-,ed By App.-ed By App-IM By App—Id By W D—Y App—Id By ApprId By App,I N By App-v By 529M I,- �G# ago E/E /E \k /U) < � } \: \ � Agenda Item No. 1608 September 14, 2004 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve a Purchase Agreement and accept additional well site easements from Olde Florida Golf Club, Inc., at a cost not to exceed $6,150, Project 710111. OBJECTIVE: Request approval and execution of a Purchase Agreement (Agreement) between the Board of County Commissioners, as the governing body of Collier County and as ex- officio the governing board of the Collier County Water -Sewer District (Board), and Olde Florida Golf Club, Inc. (Property Owner) for the purchase of additional permanent and temporary easements related to improving the reliability of the North County Regional Water Treatment Plant Reverse Osmosis Public Water Supply Wellfield. CONSIDERATIONS: On June 17, 1996, the Collier County Water -Sewer District acquired well site easements on lands of the Property Owner located on the north side of the future extension of Vanderbilt Beach Road at the north terminus of 21't and 23`d Streets NW for the installation of Lower Hawthorn public water supply wells. The sites are shown on the attached location map, identified as Well Site 8 and Well RO 9N. Public Utilities Engineering Department seeks to obtain additional easement area adjacent to the existing sites for the installation of Mid Hawthorn wells. Well Site 8 requires a 9,600 square foot Temporary Construction Easement to permit well installation within the existing, currently unused, permanent easement area. An additional 2,500 square foot permanent easement adjacent to Well RO 9N and a 7,500 square foot temporary construction easement are required to permit installation of an additional well at that site. Real Estate Services' in -house Real Estate Appraiser valued the required easements at a total of $5,600, which is acceptable to Property Owner. The intent of this action is consistent with the 2003 Update to the Water Master Plan as adopted by the Board on May 25, 2004 as Agenda Item 10 D because approving this action will further the process to enhance water supply reliability given the continuing trend of declining quality and quantity from the existing Lower Hawthorn wells. A Purchase Agreement outlining this transaction will be presented to the Board's Chairman for execution once it has been reviewed and approved by the Public Utilities Engineering Department and the County Attorney's Office. In order to expedite installation of the wells at these locations and to enable staff immediate access to the property, Rights -of -Entry will also be secured from the Property Owner. Staff is requesting blanket approval in order to expedite this process. FISCAL RYIPACT: The total cost will not exceed $6,150 ($5,600 to be paid to Property Owner for the easements, and $550 for a title commitment, title policy, and recording of the documents). Funds in the amount of $6,150 are available under Project 710111, NCRWTP New Mid Hawthorn Wellfield. The intent of the proposed acquisition is consistent with the Water Capital Agenda Item No. 1608 September 14, 2004 Page 2 of 4 Budget funds budgeted for FY 04 for Project 710111, as approved by the Board on September 18, 2003. Source of funds is Water User Fees (Fund 412). GROWTH MANAGEMENT IMPACT: There is no impact on growth management related to this project. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Purchase Agreement and accept the conveyance easements and rights - of -entry once they have been reviewed and approved by the County Attorney's Office and Public Utilities Engineering Department; and 2. Waive the requirement for a formal, independent appraisal report in accordance with the provisions of Chapter 125.355, Florida Statutes; and 3. Authorize Chairman Donna Fiala to execute the Purchase Agreement and any and all other County Attorney's Office approved documents relating to this acquisition; and 4. Authorize staff to prepare related vouchers and Warrants for payment; and 5. Direct staff to proceed to acquire the easements and rights -of -entry, to follow all appropriate closing procedures, and to record any and all necessary documents to obtain clear title. A.�.rca i;a-) tip !608 5dpartiar ?a. F004 't Fi$a 3 �! 4 Approved By COLLIER COUNTY Kan W. 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Mw:a9«.<..t a eyH u�azxu s. tt PM App—d ep M;.-ae{srn'rio..4 WnapemaMi Buda ni: rater .raM C>:nry Manayatt D!HCe ..!M,. ^afamwiti BUdgH Nt[i9G l:<D AM Appnvad By xm,t V. h1'.:Oa C «:nry Mar+9er D:ry BnaM b Caa+ry = o.- mxttUnra .x ty 4ana� is OT+. i;•�3D:a 9'tI AM g rk 4A Il is CLf Uf AM Coll rk 4A Il is CLf Uf a",L&j-f PROJECT: NCRWTP NEW MID HAWTHORN WELLFIELD FOLIO: 00219400103 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this day of , 2004, by and between OLDE FLORIDA GOLF CLUB, INC., a Florida corporation (hereinafter referred to as "Owner "), whose mailing address is 9393 Vanderbilt Beach Road Extension, Naples, Florida, 34120 -1715, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER - SEWER DISTRICT, (hereinafter referred to as "Purchaser "), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112: WHEREAS, Purchaser requires a perpetual, non - exclusive Utility Easement for the purpose of utility facilities, and access to, over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Utility Easement "), which Is attached hereto and made a part of this Agreement; and WHEREAS, Purchaser requires Temporary Construction Easements over, under, upon and across the lands described in Exhibit "B ", (hereinafter referred to as the "TCEs "), which is attached hereto and made a pert of this Agreement, for construction of utilities facilities; and WHEREAS, Purchaser requires Rights -of -Entry over, upon and across the lands described in Exhibits "A" and "B" (hereinafter referred to as "ROEs "), which are attached hereto and made a part of this Agreement, to enable Purchaser immediate access and utilization of the lands; and WHEREAS, Utility Easement and' TCEs are 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 via a Utility Easement and two (2) Temporary Construction Easements to Purchaser for the sum of Five Thousand, Six Hundred and no /100 Dollars ($5,600.00), 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 attorney's fees and costs as provided by Chapter 73, Florida Statutes. No additional compensation shall be paid for the Rights -of -Entry, which shall be granted by Owner to Purchaser immediately following execution of this Agreement by Purchaser. 2. Owner has existing improvements (i.e. gazebo and lunch table) located within the areas designated as Utility Easement and/or Temporary Construction Easement. Purchaser shall be responsible for relocating said improvements to an approved site on the parent tract to be determined by Owner. After completion of EA- UE/TCE Easement Agreement Page 2 construction, Purchaser agrees to restore the lands described in Exhibit "B" to their original condition, to the extent reasonably practicable. 3.- 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. 4. Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; 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, release or subordinate 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 instruments to Purchaser in a form acceptable to Purchaser. 5. Owner is aware and -understands1hat 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 County; that the Owner has no knowledge of any spill or environmental law violation on any land contiguous to or in the vicinity of the Property to be conveyed to the County, 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. 7. Owner shall indemnity, 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 appear, 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. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and Intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the land underlying the Property from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. 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 asslgnees, whenever the context so requires or admits. 10. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written EA:UE(TCE 4 R Easement Agreement Page 3 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. 11. If the Owner holds the land underlying 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 ve person having a beneficial interest in the land underlying the Property befo; the ry N. 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 pf Chapter 286, Florida Statutes.) 12. 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. 7. Date Property acquisition approved by BCC: AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT BY: Deputy Clerk Donna Fiala, Chairman AS TO OWNER: DATED: OLDE FLORIDA GOLF CLUB, INC. By: Witness (Signature) T. J. Kukk, President Name: (Print or Type) Witness, (Signature) Name: (Print or Type) Ij Approved as to torm and legal sufficiency: Ellen T. Chad w ell Assistant County Attorney EA:UE/TCE SKLT'Cl'I AND DESCRIPTION OIL A UTILITY _7L"iL- -4--, EASEMENT FOR PRODUCTION WELL NO. J PART OF SECTION 91, TOWNSHIP 48 SOUTH. RANGE 27 EAST, COLLIER COUNTY. FLORIDA N - OLDE FLORIDA GOLF CLUB FOLIO 100249400103 (O.R t 64, PG. 840) SCALE: I' = 60' 4. N87'07'40'E S87'07'40'W ti i 50.00 Nl— 62.50 -J_ — — — o N� WELL PROPOSED nJ�°o PROPOSED olo _-0. ed IIOUSE EASEMENT yl UTILITY c vi (0,111 BOOTS 2196, PG. 911) CUP EASEMENT It -, �_— it 62.50 _ 25.00 25.00 i 1C —un - n •en•c P.0.8.� 48 _49\ —oo — — 15' C U E. C\ h10R)111VESi CORNER OF 49 i -80* DRAINAGF EASEMENT GOLDENt GATE ESTATES UNIT N0. 7 (P. B. 4, PGS. 95) DESCRIPTION OF PROPOSED UTILITY EASEMENT A PROPOSED UTILITY EASEMENT OVER UNDER AND ACROSS ALL THAT PART OF SECTION 31 TOWNSHIP 48 SOUTH RANGE 27 EAST COLLIER COUNTY, FLORIDA.' OtINC MORE PARTICULARLY DESCRIBED ASI FOLLOWS; ESST{ATESf(PLATTBOOK 4. PAGWEE95CTHENCE05 87.07T40 iV AIDIStANaDOF 250 FEET TO HIE POINT OF BEGINNING OF THE EASEMENT IIEREIN BEING DESCRIBED; TIIENCE CONTINU 5 87.07.40• W A DISTANCE OF 62.50 FEET; THENCE N 02'521 0 W A DISTANCE OF 40.00 FEET. TI IENCE N 87'07' 0" E A DISTANCE OF 62.50 FEET;' THENCE S 02'5y 0" E A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING OF THE EASEMEN HEREIN DESCRIBED; CONTAINING 2,50 SQUARE FEET OF LAND MORE OR LESS; SUDJECI TOE S MENTS AND RESTRICTIONS OF RECORD. I CUY P. ADAMS GENERAL NOTFS P.L.S. 4390 I) DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2) P O•C• - POINT OF COMMENCEMENT 3) P.O.B. - POINT OF BEGINNING 4) C.U.E. - COUNTY UTILITY EASEMENT 5) S.F. W. M.D. SOUTH FLORIDA WATER MANAGEMENT DISTRICT SURVEY �..:... y for: N0� A COLLIER COUNTY PUBLIC UTILITIES DIVISION project: title: SKETCH AND DESCRIPTION OF PART OF SECTION 31, NCRWTP TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA date; 10, 2004 lman�M ■■�■ a *a• - GNOLT scale: ■fsl♦■ C.rurie.l■ at 'k "12"on No., 1.8 8601 ■1Id 68 9064 1001(; ■��Trrr ) �. =60'. ■a.rr ARHER & P.m: (239)608 -axon Page: ■Tura■ mim08a project ■uaaal�RUNDACE; INC. view: ProllessiOnl engineers, planners, & land surveyors �0 "04 -0085 i Collier County: Suite 200, 7400 Tamlaml Trail Lee Count Nerl6; N■ I.., aced: file no: ' County- 999a cooenul Re ■d, s1�n. Loa, Banta 8prinp, FG 31136 �za>°je�a -eeea 8866 - 5009 -P 8866 XT SKETCH AND DESCRIP'T'ION OF A �- TI?.MPORARY. CONSTRUCT[ON EASEMENT FOR PRODUC'T'ION WELL NO. 8 PART OF SECTION 31, TOWNSHIP 46 SOUTH, RANGE 27 EAST, COLLIER COUNTY, rTARIDA d Fxls nroc I OUSE EASEMENT T ((1 R 800N 2196. PG. 909) OLDE Ft ORIOA GOLF (I UD IOLIO /002194(101(1} (0.R 1864, PG 840) r S87'07'40'W 12500 i SCALE r = 60' 411 PROPOSED TEMPORARY 1' 6 ° CONSTRUCTION EASEMENT of IN fVl° Ol fu �Ico cAr N etl Iz ° n�i 52.50 N87'07'4O'E liA 7�7'40'E 16 17 \P.0.B. P.O C. 25 C.U.E NOR711WFST CORNER \-8O' DRAINAGE CASEMENT OF TRACT 17 GOLDEN GATE ESTATES Ufllr NO 7 (P.R. 4, FIGS, 95) DESCRIPTION OF TEMPORARY CONSTRUCIION EASEMENT A TEMPORARY CONSTRUCTION EASEMENT OVER, UNDER AND ACROSS ALI. T14AT PART OF SECTION 31, TOWNSHIP 48 SOUTI1, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; ESTATES. AT THE ;U �TA(WE CORNER 8707T407. UNIT SEANCE OF GATE FEET TO THE POINT OF OEGINNING OF FIIE EASEMENT HEREIN BEING DESCRIBED; 11IENCE CONTINUE N 87'07'40 E A DISTANCE OF 52.50 FEET; THENCE N 02'52'20" W A DISTANCE OF. 80.00 FEET; )HENCE S 87'07'40" W A DISTANCE OF 125 DO FEET; 11 IENCE S 02'52'20" E A DISTANCE OF 80.00 FEET. lI ENCE N 02'52'20 W n DISTANCE O 20.00 FEET; IIIENCE 87'07'40" E A DISTANCE OF 20.00 FEF. F. (HENCE 02'52'20" E A DISTANCE OF 20.00 FEET TO TIIE POINT OF BEGINNING OF TIIE SEMENT HEREIN DESCRIBED; " CONTAINI 9,600 SQUARE FEtT OF LAND MORE UR LESS; SuBJEC.1 EASEMENTS AND RESTRICTIONS OF' RECORD. P.L.S. 4390 GE�A� NOTE$, - 1) DIMENSIONS ARE IN FI.ET AND DECIMALS TIIEREOF. 2) P O.C. . POINT OF COMMENCEMENT 3) P O.B. - POINT OF 6LGINNIN(i- 4) C.O.E. - COUNTY UTILITY EASEMENT 5) S. F. W.M.O. - SOU TII FLORIDA WATER MANAGEMENT DISTRICT NOT A SURVEY Tor: COLt -TER COUNTY PU13LIC UTILITIES DIV1510N I pro jec l: title: SKETCH AND DT:SCRIPf10N OF PART OF SECTION .31 a,I`rrlr- rr ■ TOWNSIIIP 48 SOU1F1, RANGE 27 EAST, COLLIER COUNTY, FLORIDA ■r ■rrk errNOLT Cartifloale of Authorlaatlon Nos. I,B 8664 end EB 9064 ■rrmoRBER & Fax: (239)55e -2z09 ■rrrrr a��HIN RUNUAGE, INC. Professional engineers, .Planners, & land surveyors Collier County: suite 200, '7400 Tamlarni Trail, North; Naples, Ff. 34100 (280)007 -0111 Lee County: 9990 Coaouut [toad, Sidle 103, Bonite Sprinpq FI. 34135 (239)940 -e6A3 ate: SEPT. 10, 2004 scale: i 1 'l=60' Project no -:04-0085 oco( file no: SD08 -TI 8866, boolc Poge`: view, t �a SKE'T'CH AND DESCRIM ION. OF A, 'I'EMPORARY CON.8TRUC1'ION EASEMENT ` FOR PRODUCTION WELL NO. 9 PART OF SECTION 31, TOWNSHIP 48 SOUTII. RANGE 27 EAST, COLLIER COUNTY, FLORIDA N OLOE• FLORIDA GOLF CLUB FOLIO 00219400103 jjj 4 (O. R. 164, PG. 840) SCALE- f ' 60' S87 .07.40N 125_00 _ N F _ iN P.O.B. wI PROPOSED TEMPORARY c NI coNSTRUCTION EASEMENT gIZ 50.00 �- f%ISTING V1Im r 45 %50' HELL ,. I I$ PROPOSED II K I- IO R BOOK 7A961.I PC 91t) I° EASEMENT e1 ° 62.Sn 62.50__ 1 25.00 - -� -- N87'07'40'E 25' C,U.E. 48 49 _ — -�- — — — -- � P.O.C. NORTHWEST CORNER OF TRACT 49 80' DRAIIIAGE EASEMENT GOLDEN GATE ESTATES UNIT NO. 7 (P B. 4, PGS 95) DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT A TEMPORARY CONSTRUCTION EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF SECTION 31 TOWNSHIP 48 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA, BEING MORE° PARTICULARLY DESCRIBED AS FOLLOWS; COMMENC114G AT THE NORTHWEST CORNER OF TRACT 49, UNIT 7 GOLDEN GATE ESTATES, PLAT BOOK 4, PAGE 95; THENCE S 87'07'40 W A OIStANCE OF 25.00 FEET; TIIENCE N 02'52'20" W A DISTANCE OF 40.00 FEET TO TIME POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; THENCE CONTINUE.VJ W 2'52'20" W A DISTANCE OF 40.00 FEET; 111ENCE S 87'07'4'0. A DISTANCE Of 125.00 FEE1; 1IIENCE S 02'52'2q" E A DISTANCE OF 80.00 FEET; 111ENCE N 87.0714 E A DISTANCE OF 62.50 FEET 111ENCE N 1) 5 `2 W A DISTANCE Of 40.00 FEET; 111ENCE N 87.0 '4 E A DISTANCE OF 62.50 FEET TO THE POINT OF BEGINNING OF THE EASEM T HEREIN DESCRIBED: CONTAINING 7, SQUARE FEET OF LAND MORE OR LESS; SUBJECT TOE NTS ANO RESTRICTIONS OF RECORD. y - GUY P. ADAMS P.L.S. 4390 • N RAL NOTEC_: 1) DIMENSIONS ARE IN FEE ID DECIMALS THEREOF. 2) P.D.C. - POINT OF COM CEMENT 3) P.O .B. - POINT OF BEGItIG 4) C.U.E. - COUNTY UTILITYI EASEMENT 5) S.F.W.M.O. - SOUTII FLORIDA WATER MANAGEMENT OIS[RICI NOT A SURVEY (or: COLLIER COUNTY project: PUBLIC UTILITIES DIVISION NCRWTP title: SKETCH AND DESCRIPTION OF PART OF SECTION 31, drlle: TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA SEP1. 14, '2004 ■�Iw■ aiii �=Gffi]111313311 NOL[ scale; book: �1�� Certificate of Aulhorlsallon Noe. 3864 and 9B 38114 /Far: (239)566 -2203 1,• =60' ■Moo■ ; page: ■asomand do project vieW: on ■�tt��■ a .... URUNDAGE, Inc. no.: 04 -0085 Professional engineers, planners, & land survey*rs aced: file no: Collier County: suite 200, 7400 Tamlaml Trail, Norl61 Hopl.e, rL 34105 (239)697 -311! Lea County; 9900 Coconut Road, Suite 103, Bonita Sprinp, F6 34135 (239)948 -8683 866 -SDU9- 8866 : Agenda Item No. 16C9 September 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to Grant a Conservation Easement to the Florida Department of Environmental Protection for the Livingston Road Aquifer Storage & Recovery site at a cost not to exceed $50.00, Project 74030. OBJECTIVE: To comply with the Florida Department of Environmental Protection Environmental Resource Permit (ERP) requiremen :s for the Livingston Road Aquifer Storage & Recovery (ASR) site. CONSIDERATIONS: On April 22, 2003, Agenda Item 16C5, the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as ex- officio the governing board of the Collier County Water -Sewer District (Board), approved an Amendment to the Professional Services Agreement with Water Resource Solutions to provide additional engineering services related to drilling a reclaimed water ASR well for this project. This ASR well will use a confined underground brackish water aquifer as a reservoir to store excess water that will later be withdrawn when needed. This will facilitate expanding and maximizing the effectiveness of the County's existing reuse program. There is an area designated as wetlands by the FDEP within the Livingston Road ASR well site property boundaries. The FDEP has reviewed the application for approval of an Environmental Resource Permit (ERP) for this site, and requires the conveyance of a Conservation Easement over approximately 1.92 acres of wetlands. The County will be responsible for the perpetual upkeep and maintenance of the Conservation Easement area. A Conservation Easement outlining the responsibilities of each party will be presented to the Board's Chairman for execution once it has been reviewed and approved by the Public Utilities Engineering Department, the County Attorney's Office, and FDEP. FDEP will issue the permit only after the Conservation Easement has been recorded in the Public Records. Staff is requesting blanket approval in order to expedite this transaction. FISCAL IMPACT: Funds of $50.00 for recording of the Conservation Easement are available in the FY 04 budget for this action in Project 740302, Livingston Road ASR Project, as approved by the Board on September 18, 2003. Source of funds is Wastewater User Fees (Fund 414). GROWTH MANAGEMENT IMPACT: This project is consistent with the 2003 Wastewater Master Plan Update as adopted by the Board on May 25, 2004, under Agenda Item l OC RECOMMENDATION: Staff is recommending that the Board: Grant the Conservation Easement to FDEP and authorize Chairman Fiala to execute the Easement on behalf of the Board once it has been approved by the Public Utilities Engineering Department and the County Attorney's Office; and 2. Authorize staff to record the Conservation Easement in the Public Records of Collier County, Florida. Agenda Item No. 16C9 September 14, 2004 Page 2 of 3 ylr s inl lr f N f' fJ r ASR WELL PRESERVE VICINITY MAP CYPRESS v WOODS f <= P S D COUNTY CLUB - �r % !f +/y 1 4 Lfl MAOIERA CARLT S ' Z t P JECT � s HEM CARL FN S CYPRESS WOODS t COUNTY �l > CLUB WILLOUGHBY ACRES Z D ,4,,� i! H } E OR OOK D 5 rye' Ij =7 j snLES BREN PVO DONOVAN CENTER ff . n y f LJNNOSTON S WOOD r rl F ' r PELICAN MARSH LAKES ,;l,G,:.+ . f fig �1 �r t.r L /ff f i r,+T r 4l SHEET 1 OF 2 ; i ** ** *NOT A FIELD SURVEY * * * ** SCRIPTION: ASR WELL PRESERVE SKETCH AND DESCRIPTION , PREPARED BY: ENT: CO LLIER COU NTY OL7 IR k t0EU B 30AUG04 GEO W. HAI;KNEY. .S.µ. NO. 560iiiiii UNDAGEw. 15SEP04 SCALE: N.T.S. DATE: II .Y 7_1504 pl&nnom t laud earn �� trrr yr, lt..rr ■.�r., A wM puMN —fl DRAWN BY:_.,._G'dtti PROJECT NO.: 7969 e.r� l� i�r *M. Ael 74A 7L 7/�l iWMM —�tAMb.r "M M.. u a" M& n aMa r. p..Mw . ACA No 6663 -502 FILE NO: W= R I LEGAL DESCRIPTION ALL THAT PART OFCZ NORTHWEST 8 NG MORE PARTICULARLY TOWNSHIP 48 SOUTH- RANGE . .... .... . 28 EAST, COLLIER FOLLOWS' CDM ACCCORDING TO THE PLAT EREOF AND AS RECORDED 'IN OF CARLTON PLAT BOOK LAKES UNIT PAGES 56 THROUGH 73 OF THE PUBLIC RECORDS OF - COLLIER COUNTY FLORIDA SAID COMER ALSO LYNG ON THE NEST LINE Of THE IMTHIEST % OF SAID SECTION 19: THE CE A DISTANCE as* O, 3ZEEATAL� THE NORTHERLY LUE OF SAID TRACT L84 E NORTH P THENCE LEAVING SAID UNI OINT BECNNNG SPAR HEREIN WNiC DIDESCRIBE;0F 20.09 FEET TO THE N THENCE NORTH W59'55' EAST A DISTANCE OF 229.08 FEET: THENCE NORTH 5276'48' EAST A DISTANCE OF 21.81 FEET; M THENCE NORTH 0199'42' NEST A DISTANCE OF 226.91 FEET: 111ENCE NORTH 2616'06' NEST A DISTANCE OF 75.96 FEET: O THENCE NORTH 57'2725' WEST A DISTANCE OF 5a4O FEET; THENCE SOUTH 777o'34' WEST A DISTANCE OF Q5a FEET; Z z SCALE: J' - 200' THENCE SOUTH 89'08'07' WEST A DISTANCE OF 129.52 FEET; THENCE NORTH 0'51'53' WEST A DISTANCE OF 18.61 FEET TO THE BEGINNING OF A Z SOUTHWESTERLY A CURVE CONCAVE No HAVING A RADIUS OF 3.00 FEET; - =NORTHERLY NO NORTHWESTERLY WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11918'40' AN ARC DISTANCE OF 8.25 W THENCE SOUTH 5931'27' WEST A DISTANCE OF 55.31 FEET: THENCE SOUTH 0'49'48' EAST A DISTANCE OF 166.35 FEET. THENCE NORTH 6903'40' EAST A DISTANCE OF 28.72 FEET: THENCE SOUTH 42'41'01' EAST A DISTANCE OF 19.35 FEET: Z THENCE SOUTH 0"34'18' EAST A DISTANCE OF 26.00 FEET: O THENCE SOUTH 41 *48'24' WEST A DISTANCE OF 23.73 FEET: 1.' THENCE SoPUTH 0'43'22' EAST A DISTANCE OF 104.60 FEET TO THE POINT OF BEGINNING OF THE PARCEL NO" OESCRIBED; CQ..) CONTAINING 1.92 ACRES OF LAND MORE OR LESS (63505 SF.); SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD: CARLTON LAKES BOULEVARD (TRACT "R") CARLTON LAKES UNIT NO. 2 s 75'00 I -TRACT "LB4" (15 L.B.E.) EXIST PRO PROPOSED welt ' PVC WATER ��XXXXCC SERVICE (TYP•)\ CONTROL BLDG- PROPOSED BERM ° ASR WELL SITE bl 1.92 ACRES f) 2 BEARINGS ARE BASED ON THE WESTERLY LINE OF THE QUARTER OF SECTION 18, TOWNSHIP 48 LB N w PROPOSED 15' RCP W/MES (TYP.) CL - BAcXwASH POND PUMP STATION PROP06EO P.O.C. - POINT OF COMMENCEMENT / CONTROL BLDG- PROPOSED BERM a PRESERVE bl 1.92 ACRES f) 2 BEARINGS ARE BASED ON THE WESTERLY LINE OF THE QUARTER OF SECTION 18, TOWNSHIP 48 LB N w FJfrSTING WELL M (FENCED) oasTING MONITOR WELL (IYP.) P.O.B. W. O 2 ti � m W F"' Y U Q O ti J 4 U CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHQRDBFi1RING C - 1918'40- aia OPO� !FNERAL NOTES: AWLIMC 'ENCE ■ ■Q 1. OIMEMSIONS ARE IN FEET AND DECIMALS THEREOF. 2 BEARINGS ARE BASED ON THE WESTERLY LINE OF THE QUARTER OF SECTION 18, TOWNSHIP 48 ® ISED U NORTHWEST SOUTH. RANGE 26 NORTH 0059'OB' COWER WEST COUHIY, FLORIDA' q,. B L � TRACT "LB4" (15' L.B.E.) PROP06EO P.O.C. - POINT OF COMMENCEMENT P.O.B. - POINT OF BEGINNING P.O.C.(NW CORNER OF TRACT "LB4 ") SHEET 2 OF 2 * * ** *NOT A FIELD SURVEY* * * ** 5REPARED BY: L DESCRIPTION: ASR WELL PRESERVE SKETCH AND DESCRIPTION CLIENT: COLLIER COUNTY i Neu BY: i�■ii SB t 30AUG04 O GE W. HACKN P.S.M. NO. 5606 NuNU■■ °O° 15SEP04 ull Y 7. 1504 u■ ■■ Z717DACR'M t land SCALE: t" 150' DATE P?rofomw 6l wd■ am p1l" DRAWN 8Y: _SM PROJECT NO.: 7969 °wr °'�v 'r' N■L 'NM ti.r.4 ar ■.� IMFM A sew T1«r"r ■us aast t -St12 FILE NO:----3= .. �■■■� A- 0 a" „4 o wi n ■'ra.. wlrw ACAD N0: - 16C9 N,1.4 3 COLLIER COUNTY BOA.V OF COUNTY COM.'WO.ERS N.— 11 W P,eP.m BY App— By Ad+ircA•Mii Servi:e3 .•a Marv:Uam!m 8134Y`14 +136 AM App—" By App—" By ik •PM Approved BY I— 2J2 PM Approved By Appry By Approved By A"m,,4 By Ray a PE. App-4 By J.—`M. D—Y P!— App— By L..—d App-4 By 72 47 PM Approved By App-4 By Agenda Item No. 16C10 September 14, 2004 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve purchase orders for the Loan Procurement Services from Florida Department of Environmental Protection (FDEP) to Angie Brewer and Associates (ABA) in excess of $25,000 under Sarasota County Contract 2003 -040 for Goodlette Frank Road Force Main Project 72002, Pump Station 103 Project 73945 and for Goodlette Frank Road Reclaimed Water Main Project 74077. OBJECTIVE: That the Board of County Commissioners, as Ex- officio the Governing Board of the Collier County Water -Sewer District approve purchase orders in excess of $25,000 under Sarasota County Contract 2003 -04 for the Low Interest State Revolving Fund (SRF) Services for Projects 72002, 73945 and 74077. CONSIDERATIONS: These projects are consistent with the 2003 Wastewater Master Plan Update adopted by the Board of Collier County Commissioners on February 25, 2003, under Item 10(C). On May 11, 2004, the Board of Collier County Commissioners under agenda item 10 (B) approved a Resolution authorizing the submission of a low- interest SRF Loan Application to the FDEP. The scope of services included the Preliminary Planning Services only. This proposal is for the Bidding and Close out services for the above - mentioned projects. These services are necessary for the successful bidding and close out of the SRF Loan for these projects. Collier County has successfully utilized the services of Angie Brewer & Associates, L.0 on several prior projects to ensure compliance with all SRF Loan requirements. Collier County is currently piggybacking Sarasota County Contract on the following projects. Project Goodlette Frank Road Force Main: Original Purchase Order: $13,155.00 ( Preliminary Planning) Purchase Order Mod: $29,210.00 (Bidding and Closeout) Total $ 42,365.00 Project Pump Station 103: Original Purchase Order: $12,090.00 (Preliminary Planning) Purchase Order Mod: $18,921.00 (Bidding and Closeout) Total $ 31,011.00 Project Goodlette Frank Road Reclaimed Water Main: Original Purchase Order: $ 6,845.00 (Preliminary Planning) Purchase Order Mod: $12,540.00 (Bidding and Close out) Total $ 19,385.00 Executive Summary Approve Purchase Order Amendment Page 2 Agenda Item No. 16C10 September 14, 2004 Page 2 of 12 FISCAL IMPACT: These projects are consistent with the current Fiscal Year Capital Improvement Budget approved by the Board of Collier County Commissioners on September 18, 2003. Funds totaling $60,671 are needed for this Purchase Order Modifications. Funds are available and are budgeted in Project 72002, project 73945 and in Project 74077. The source of funds is Impact fees. GROWTH MANAGEMENT IMPACT• This project will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as Ex- officio the Governing Board of the Collier County Water Sewer District, approve purchase orders in excess of $25,000 under piggyback Sarasota County Contract 2003 -040 for the Loan Procurement Services from FDEP to ABA in the amount of $42,365 for Project 72002; in the amount of $31,011 for Project 73945; and in the amount of $19,385 for Project 74077. F9cd 301 t2 Prepared By COLLIER COUNTY oNa BOAW OF COIJNrY COM-"MNERS Approved By s—P I—, 0,—, — ". — I E-:.— Approved By R— F— -1— TlW2. I.—, S..— !w 1:a— 1, G—,.. Frartl SW 671i N- Prepared By P-k 'Ahl- oNa Approved By App— By I—, 0,—, — ". — It F. Approved By App—d By N- App'.-d By P.E. Im Ipp—d By App,—d By A:J;n--- S-- Approved By ,n PM Approved By W D.—, P-k 'Ahl- A "—d By Approved By 7 ... n —.r I—, 0,—, — ". — It F. Approved By Approved By J— V Agenda Item No. 16C10 September 14, 2004 Page 4 of 12 Angie Brewer & Associates, L.C. 9104 58th Drive East Proposal Bradenton, Florida 34202 Date: 7/22/2004 Project # 102 - 200 -0603 Proposal REVISED 7/22/2004 Sandy Sridhar, Project Manager Reclaim Project # 74077 Collier County SRF Bidding thru Closeout Public Utilities Division 3301 East Tamiami Trail, Bldg. H Naples FL 34112 SRF Financing Assistance Services Total SRF Management Planning $ 816 Planning & Bidding Approvals $ 655 Pre - Construction $ 398 Technical Services $ 3,807 Program Coordination $ 2,151 Program Closeout & Audit Assistance $ 1,102 $ 8,929 Total Proposal $ 8,929 Angie R. Brewer Angie Brewer & Associates, L.C. 9104 58th Drive East Bradenton, Florida 34202 Agenda Item No. 16010 September 14, 2004 Page 5 of 12 Proposal Date: 7/22/2004 Project # 102- 200 -0702 Proposal REVISED 7/22/2004 Sandy Sridhar, Project Manager Force Main Project # 72002 Collier County SRF Bidding thru Closeout Public Utilities Division 3301 East Tamiami Trail, Bldg. H Naples FL 34112 SRF Financing Assistance Services Total SRF Management Planning $ 1,903 Planning & Bidding Approvals $ 1,529 Pre - Construction $ 927 Technical Services $ 8,883 Program Coordination $ 5,019 Program Closeout & Audit Assistance $ 2,572 $ 20,833 Total Proposal $ 20,833 Angie R. Brewer Agenda Item No. 16C10 September 14, 2004 Page 6 of 12 Angie Brewer & Associates, L.C. 9104 58th Drive East Proposal Bradenton, Florida 34202 Date: 7/8/2004 Project # 102 - 200 -0802 Proposal - REVISED 7/2112004 Sandy Sridhar, Project Manager Pump Station Project #73945 Collier County SRF Bidding thru Closeout Public Utilities Division 3301 East Tamiami Trail, Bldg. H Naples FL 34112 SRF Financing Assistance Services Total SRF Management Planning $ 2,729 Planning & Bidding Approvals $ 2,192 Pre - Construction $ 1,330 Technical Services $ 2,753 Program Coordination $ 5,006 Program Closeout & Audit Assistance $ 2,455 $ 16,465 Total Proposal $ 16,465 Angie R. Brewer Agenda Item No, 16C10 September 14, 2004 Page 7 of 12 Angie Brewer & Associates, L.C. 9104 58th Drive East Proposal Bradenton, Florida 34202 Date: 7/23/2004 Project # 102- 200 -0602 Proposal REVISED Client Sandy Sridhar, Project Manager Reclaim Project # 74077 Collier County SRF Loan Application and Agreement Public Utilities Division 3301 East Tamiami Trail, Bldg. H Naples FL 34112 SRF Financing Assistance Services Rate Total Loan Application $ 2,239 Loan Agreement $ 1,372 I—$-- 3,611 Total Proposal $ 3,611 Angie R. Brewer Angie Brewer & Associates, L.C. 9104 58th Drive East Bradenton, Florida 34202 Agenda Item No. 16C10 September 14, 2004 Page 8 of 12 Proposal Date: 7/23/2004 Project # 102 - 200 -0703 Proposal REVISED Client Sandy Sridhar, Project Manager Force Main Project # 72002 Collier County SRF Loan Application and Agreement Public Utilities Division 3301 East Tamiami Trail, Bldg. H Naples FL 34112 SRF Financing Assistance Services Rate Total Loan Application $ 5,194 Loan Agreement $ 3,183 8, 377 Total Proposal $ 8,377 Angie R. Brewer Angie Brewer & Associates, L.C. 9104 58th Drive East Bradenton, Florida 34202 Agenda Item No. 16C10 September 14, 2004 Page 9 of 12 Proposal Date: _ 7/23/2004 Project # 102 - 200 -0803 Proposal REVISED Client Sandy Sridhar, Project Manager Pump Station Project #73945 Collier County SRF Loan Application and Agreement Public Utilities Division 3301 East Tamiami Trail, Bldg. H Naples FL 34112 SRF Financing Assistance Services Rate Total Loan Application $ 1,523 Loan Agreement $ 933 $ Total Proposal $ 2,456 Angie R. Brewer �� uc :cep nark Brewer 941- 756 -0804 p.4 Agenda Item No. 16C10 Collier County September 14, 2004 Pump Station Page 10 of 12 Bidding thru Closeout Scope of Services Task 1 SRF Management Planning A. PrnjectApproval.- The Consultant shall coordinate with FDEP, Staff and Engineers to gain project approval to proceed. B. 1sta6JJsh Dm mentCa7vaSystern- The Consultant shall provide a set of files labeled in accordanoe with FDEP Requirements for the establishment of the official SRF Project Files. C. Document Maintenance Assistance -The Consultant shall periodically review the SRF Project Files to ensure all necessary documentation is available. SRF Requirements allow for periodic on -site inspection of the flies m be conducted by FDEP Representatives and Auditors. 0. 5i ledule PreMtabbn and AWWng- The Consultant shall prepare and moniWr ft scfredule for Completion of tasks required by FDEP. Task 2 . 816ding Approvals A. HAI&V 4sxistww- The Consukant shall provide current SRF required bkkikrtg information. The Consultant shall review bidding documents for compliance with SRF Requirements. This item includes any addenda issued. Two copies of signed and sealed addenda stall be provided to the Consultant for purposes of review and submission to FDEP. B. Pre -bid Meting Attendance -The Consultant shall attend the Mandatory Pre-Bid Meeting held for each project area. The Constiltant shall present the SRF Requirements as part of the agenda. The Consultant will assist the County in providing written responses to questions from Contractors relating to the SRF Requirements. C. Bid Anwd Approval Package -The Consultant shall prepare the Bid Award Approval Package acceptable M atcordanCe with FDEP Requirements. Minority Business Enterprlse/Womerr's Susiness Enterprise (MBE /w8E) participation requirements as well as other SRF Regvirernerns YOU be monitored to ensure approval can be obtained. Task 3 Pre- CansbNO:14M A. CdrzzaArt&dPl - The Consultant shall prepare and submit appropriate contract documentation for FDEP approval. B. Pre- Corrstrur&a AYw5V- The Consultant shall attend the Pre - Construction Meeting held for each project area. The Consultant shall present the SRF Requoements as part of the agenda. The Consultant will assist the County in providing written responses to questions from Contractors relating to the SRF Requirements. C. P&-- Ch7sftc i07 Me+eft Mmuta -The Consultant shall review the Pre - Construction Meebrugs minutes as provided by the County. The Consultant shall provide comments and/or assist with appropriate revisions. The Pre- Consbuetlon Meeting minutes shall be submitted to FDEP per the programs requirements. 0. RwoesM forImbm bW -The Consultant shag research and respond to questions ro:W&Iing SRF requirernert5. Pump Station Bidding thru Closeout I Angie Brewer & ltssodwes, L.C. - -- -- -- ��r narK brewer 941 -756 -0804 P•5 Agenda Item No, 16C10 September 14, 2004 Task 4 Processing Page 11 of 12 A P,?,v55 <nd&V- The Consultant shaft provide prvfessionaf services to review and verify eligible costs per pay estimate submitted by"cooxa=r. This scope assumes one pay estimate per mWth during a six (6) month period. A maximum of six (6) pay estlnsates have been assumed . forte purposes. S. FDEP Reimb=ernentRequests- The Consultant snail compile required documents and prepare . a monthly Reimbursement Request for submittal to FDEP during a six (6) month period. The Reimbursement Request shall include all property authorized expenditures for which documentation is available on the dale of preparation. The Consultant shall be responsible to ensure appropriate parties receive copies of the Reimbursement Request upon receiving the originally signed copy at its oft►oe. A maximum of six (6) reimbursement requests have been assumed for budget purposes, Task 5 Program Management A. A91am Management Meelir*s- The Consultant shall prepare for and attend ten (1:0) Prtngram Management Meetings. Meeting minutes shall be prepared and disseminated to appropriate Parties upon eompietion• These meetings are held for the purpose of discussing FDEP program requireffmft, rei nbursenvm requests, eligibility requesW status, construction progress, contract ctreriges /issues, payment pr+ooeduresjsMba, monitoring issues, addkonaf funding needs and other information regarding the project. B. O'tange Ofders - The Consultant shall review and process one (Z) Construction Contract Change Orders/Field Changes. This will result in a request for eligibility determination to be subm tied to FDEP. Upon receipt of eligibility determination, all appropriate project infomnation will be modified to allow for the eventual reimbursement of costs if applicable, G MB& WBEMwrr>tvkV- The Consultant shall provide a form to be completed by the contractor and submitted with each pay estimate, The Information submitted by the contractor shall be used to prepare the Minority/Women's Business Enterprises (MBE/WBE) utilization Report. This report shall be submitted to the City and FDEP on a monthly basis during construction. This scope assumes one MD /WBE Report per month during a six (6) month period. Therefore, a maximum of six (6) MBE/WBE Reports have been assumed for budget purposes. Task b Funding ReconcBiation The Consultant shalt review and compare the project information with the funding domuents to ensure that all SRF requirements are met and consistency between all aspects of tt►e project is achieved. Task f Program Coordination A- Rvfflvm Gbta=+i'iat OO - The Consultant shall coordinate with County Staff, FDEP, Consulting Engineers, Project Representatives and others as necessary to ensure that 1311 requirements are met. This includes ongoing contact with all personnel related to the project. The Consultant will coordinate and be involved in monthly, quarterly and annual site visits by the County and FDEP representatives. The Consultant shall act as the Liaison between FDEP and the County to Identity and resolve issues regarding the FV& Loan Program. Also, all status and outer reporting will be accomplished for successful management and completion of the project. Pump Station Bidding thru Closeout 2 Angic Brewer dt Associates. G.C. ... a r—; ccp narK breWer 941- 756 -0804 p.6 Agenda Item No. 16C10 September 14, 2004 B. A& rAssistarte - The Consultant shall provide necessary data to V* County to allow WkOW2 of 12 of the loan in the required Single Audit Report prepared as part of the Annual Audit This also includes corresponding with FDFP regarding eligibility requests and assistance during the annual audit. Task 8 Project Closeout & Audit Assistance Consultant shall prepare infant uKw required for the Final kepom to FDEF regarding the pr )BM The Final Request for Reimbursement is included in this task This includes the Final Construction Inspection, Preliminary Adrr[nistrative OoWul� and Final Administrative Closeout conducted by FDEP representatives. The necessary closeout documents shall be prepared regarding final eligibility for construction, engineering, administration, design and other project costs and submitted to FDEP to allow doseout of the loan. This effort will result in the preparation, review and approval of the Final Loan Amendment The Consultant will also provide closeout and other information to the Countys Independent Auditors in order to allow for the required Project Audit within 12 months of approval of the Final Moan Amendment execution. Task 9 1 SRF Misceilaneous: Senrtces Additional services may be provided at the request of the County and may need to be approved by the Board of County Commiwoners. Specific tasks and associated hours and oasts will be agreed upon prior to initiation of work. Pump Stadon Bidding thru Closeout 3 Angic Brewer & Associates. L.-C. Agenda Item No. 16131 September 14, 2004 Page 1 of 2 EXECUTIVE SUMMARY Request for the Board of County Commissioners to Approve the Acceptance of Donated Funds to offset the "Independence Day" Expenses Approved by the Board on March 9, 2004. OBJECTIVE: That the Collier County Board of County Commissioners approve the acceptance of two checks (one from Wiegold in the amount of $1,800.00, and one from First National Bank in the amount of $5,000.00) totaling $6,800.00. These funds were donated to offset the County's cost of sponsoring U.S. Military Units during the period of the Fourth of July Celebrations. CONSIDERATIONS: Traditionally the Independence Day Celebration in Collier County has been funded by the Tourist Development Council and administered by the City of Naples. Due to the changes in the rules governing the use of TDC funds, this process was no longer available. The Board of County Commissioners approved $50,000.00 to provide for per diem, lodging, transportation and ancillary expenses from general fund reserves. The Celebration Committee was tasked to seek donations to lower the cost to the County. FISCAL IMPACT: The two checks totaling $6,800.00 will go to the general fund reserves. GROWTH MANAGEMENT IMPACT: No Growth Management Impact is associated with this action. RECOMMENDATION: That the Board of County Commissioners approve the acceptance of these donated funds and authorize an appropriate budget amendment. 2 0t 2 COLLIER COUNTY BOAR 05 COUN" COMMISSM ER$ �Y D.Y, B—� App—" By A. Approved By 1A 1. App,—d By App—d By App—ed By App—" By Agenda Item No. 16D2 September 14, 2004 Page 1 of 29 EXECUTIVE SUMMARY Recommendation to approve the Library's State Aid Application and accept the Long Range Plan, including the Current Year Action Plan and Technology Plan. (FY05 Grant Revenue of $320,000.) OBJECTIVE: To receive approval from the Board of County Commissioners to submit a State Aid to Libraries grant application to the State Library of Florida, including the `Certification of Credentials — Single Library Administrative Head' and acceptance of the Library's Long Range Plan, including the Current Year Action Plan and Technology Plan. CONSIDERATIONS: Collier County Public Library qualifies, under Chapter 257 of the Florida Statutes, for State Aid to Libraries. The Florida Department of State, Division of Library and Information Services administers this program. The Application, Long Range Plan, Technology Plan and the current year action plan are requirements to receive the State funding. The Board has approved submission of the Application for State Aid and associated contracts and documents for over two decades. State Aid for FY 2005 was anticipated in the County's FY 2005 budget as Library Chant Fund (129) revenue. State Aid is available to Florida public library systems that qualify as a result of meeting minimum requirements as stipulated in F.S. Chapter 257 and Chapter 1B -2 Florida Administrative Code. The grant amount is calculated by means of a formula, that considers: (1) the amount of local funds appropriated for the Library adjusted by a factor based upon the amount of revenue a one mill levy in the jurisdiction would generate, (2) the number of library systems in Florida that qualify in a given year, and (3) the total amount made available by the State Legislature for such grants for the year. State Aid to Libraries is, by legislative intent, provided to improve library services within the State, and is to supplement, rather than replace, local effort towards that end. State Aid may not be used to fund capital construction. It may be used for operating purposes and equipment. The Long Range Plan, including the Technology Plan and the Current Year Action Plan, is prepared by the Library Staff in consultation with the Library Advisory Board and includes various components required by the State Library. FISCAL IMPACT: State Aid was included as anticipated revenue (estimated $320,000) in the FY 2005 Library Grant Fund (129). The actual amount likely to be received may be slightly more or less. A budget amendment will be prepared to authorize the expenditure of the difference once a final figure is available. Funds that result from this particular application will not arrive until FY 2004 -2005. No local match is required. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Staff recommends the Board authorize the Chairman to sign the application to the Florida Department of State, Division of Library and Information Services for State Aid, including the `Certification of Credentials — Single Library Administrative Head', and accept the Library's Long Range Plan, including the Technology Plan and the Current Year Action Plan. Ag.'—h0 16D2 .0—•f,, 1 L, 2MA P3ge 2 of 29 COLLIER COUNTY BOAtL^ Op COUNTY COWIMONERS h- L,-.g C-1 011 .--g D- App—d BY p. ", —1- T — 1— —.1 -1;r— .'.1T 1. App—d By App—d BY PM App ... H By ApproY9d B7 App—d BY App—d BY FY2004 -2005 STATE AID TO LIBRARIES GRANT APP%QQ JM File by October 1, 2004 September 14, o4 Page 3 of 29 Check One: _XX Single County Library Municipal Library County Participating in a Multicounty Library The Collier County Board of County Commissioners (name of library governing body) governing body for the Collier County Public Library (name of county or municipal library) Complete either Section 1A or 1 B as applicable. 1A Certification of Local Operating Expenditures We hereby certify that the following total funds from local sources were expended centrally during the fiscal year beginning October 1, 2002 and ending September 30, 2003 for the operation and maintenance of a library under the provisions outlined in Chapter 257.14 - 257.25, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. We further certify that the amount listed below does not include funds received from the federal government; funds received from state govemment; or funds used for purchase or construction of a library building or library quarters. Such funds are not eligible to be used as local match for State Aid applications under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Total local funds expended centrally by the library for the Operation and maintenance of a library between October 1, 2002 and September 30, 2003. $ _ 6, 730, 373.87 Agenda Item No. 161D2 1B ber 14, Certification of Local Operating Appropriations SeptemPage 4 off 29 (Complete this section p.Lly if the applicant is a newly established public library in the first two years of operation.) We hereby certify that the following total funds from local sources are appropriated to be expended centrally during the fiscal year beginning October 1, 2004 and ending September 30, 2005 for the operation and maintenance of a library under the provisions outlined in Chapter 257.14 - 257.25, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. We further certify that the amount listed below does not include funds received from the federal government; funds received from state government; or funds used for purchase or construction of a library building or library quarters. Such funds are not eligible to be used as local match for State Aid applications under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Total local funds appropriated to be expended centrally by the library for the operation and maintenance of a library between October 1, 2004 and September 30, 2005. SIGNATURES: b . Finance Manager _James L. Mitchell Typed Name ingle Library 4114min4tirative Head _Marilyn Matthes. Typed Name _8116104 Z-- / pate bate FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICE eptembert14, 004 Page 5 of 29 EXPENDITURE OR APPROPRIATION REPORT Library Name: Collier County Public Library II. Check Applicable XX_ Expenditure Report - October 1, 2002- September 30, 2003 Appropriation Report - October 1, 2004 and September 30, 2003 (Provide appropriation only if the applicant is a newly established public library ir, the First two years of operation.) EXPENDITURE/ FUNDING OR REVENUE SOURCES: TOTAL APPROPRIATION (Fixed, including purchase or CATEGORY $ 222,836.50 __-- ___ LOCAL STATE FEDERAL. OTHER 10 Personal library building or Services $4,436,965.31 — 3 1,905.98 -- $4,438,871.29• 30 Operating i Expenses $1,094,425.25 $ 332,384.92 -. r $1,426,81 0.17 60 Capital Outlay (Non- Fixed) $ 797,034.21 $ 67,658.20 -- -- $ 864,692.41 Other Total for the operation & maintenance of the $6,328,424.77 $ 400,043.12 $ 1,905.98 ----- $6,73D,373.87 library (Record this- amount on page i) 60 Capital Outlay (Fixed, including purchase or $ 222,836.50 __-- ___ $ 222,836.50 construction of a library building or quarters) i Form #DLISISA01 page 3 of 3 Effective 12 -28 -2003 IA I C AIU I V LIMMAKICJ I.7KAN 1 AVKCCMCN 1 Agenda Item No. 16D2 r 4 2004 The Applicant (Grantee) Collier County Board of County Commisi�i'ir of 29 (Name of library governing body) Governing body for Collier County Public Library (Name of library) hereby makes application and certifies eligibility for receipt of grants authorized under Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. The Grantee agrees to: a. Expend all grant funds awarded and perform all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Funds will not be used for lobbying the legislature, the judicial branch, or any state agency. b. Provide the Division of Library and Information Services (DIVISION) with statistical, narrative, financial, and other reports as requested. c. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this agreement. d. Retain all records for a period of 5 years from the date of submission of the final project report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the 5 year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5 year period, whichever is later. e. In the event that the GRANTEE expends a total amount of State awards (i.e., State financial assistance provided to the GRANTEE to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such GRANTEE the GRANTEE must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.550, Rules of the Auditor General. In determining the State awards expended in its fiscal year, the GRANTEE shall consider all sources of State awards, including State funds received from the Florida Department of State, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. In connection with the audit requirements addressed in Section e, paragraph 1, the GRANTEE shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550, Rules of the Auditor General. If the Grantee expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not rPniiirPri In the avPnt that the C',RANTFF Pxnendc IPCC than Sinn nnn in State awarric of Section 215.97, Florida Statutes, the cost of the audit must be pai�en � "estate funds (i.e., the cost of such an audit must be paid from GRANTEE funds obV499cN3m other than State entities). f. Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. II. The DIVISION agrees to: a. Provide a grant in accordance with the terms of this agreement in consideration of the Grantee's performance hereinunder, and contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement is terminated and the DIVISION has no further liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall, Operating Grants shall be reduced in accordance with Section 257.195, Florida Statutes. b. Notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. c. Distribute grant funds in two payments. The first payment will be requested by the DIVISION from the Comptroller upon execution of the agreement. The remaining payment will be made by June 30. III. The Grantee and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. c. if any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. d. No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such right, power, or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes. f. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to pay attorney fees, interest, or cost of collection. g. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of ab,^ � -4— " - er%-%r% +e, r%r r►nr choll the (- r -nn+== ovr-hjri= Iinhilifit fnr Agenda Item No. 161D2 hereby agrees to be responsible for any injury or property damage resulta�fi so 4 activities conducted by the Grantee. Page h. The Grantee, other than a Grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death, or damage to property, arising out of any activities performed under this agreement and shall investigate all claims at its own expense. i. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. j. The Grantee, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under this agreement, Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career Service. Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. k. The Grantee shall not assign, sublicense, nor otherwise transfer its rights, duties, or obligations under this agreement without the prior written consent of the DIVISION, whir# -� whose consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DIVISION approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties, or obligations of the Department to another governmental entity pursuant to section 20.60, Florida Statutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transferred to the successor government entity as if it were an original party to the agreement. I. This agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the DIVISION. m. This agreement shall be terminated by the DIVISION because of failure of the Grantee to fulfill its obligations under the agreement in a timely and satisfactory manner unless the Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by Grantee shall be determined by the DIVISION, based on the terms and conditions imposed on the Grantee in paragraphs I and III of this agreement and guidelines for the State Aid to Libraries Grant Program. The DIVISION shall provide Grantee a written notice of default letter. Grantee shall have 15 calendar days to cure the default. If the default is not cured by Grantee within the stated period, the DIVISION shall terminate this agreement, unless the Grantee demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the Grantee's control. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this agreement, the Grantee will be compensated for any work satisfactorily completed prior to notification of termination. n. Unless there is a change of address, any notice required by this agreement shall be rlolivarari to tha nivicinn of 1 ihrnry anal 1nfnrmatinn carwie-aQ ;on Cnt Oh Rrnnni inh Cfract INoc�v c C5 V3 C y c M Q E 0 CD + 0 a7 o Q C fl 0 Q C {Q ° u� > La CL = 0,4— m ° ~ c Z cn -� c 0 c _Z U. p ch a� m O G r 0 U _c o E Q c �� LU a v .� w Ja N y 4Pb 93 tea. IE d P;; o cp PIS go CL a e e F Agenda Item No. 16D2 September 14, 2004 Page 10 of 29 Long Range Plan 2004 - 2009 Technology Long Range Plan 2004 - 2007 September 2004 Agenda Item No. 161D2 September 14, 2004 Page 11 of 29 INTRODUCTION The Collier County Public Library is required by the State Library of Florida to develop and update a planning document that clearly delineates the Library's role in Collier County. This long -range plan needs to be updated on an annual basis, and is to include the long -range plans for services, facilities and technology. It also includes the `current year action plan'that emphasizes projects for FY05. The Long -Range Plan for Technology is also required in order for the Library to receive Federal E- Rate funds. The following document has been developed to meet t hese requirement s. Collier County public Library Long Range and Technology Plan • September 2004 2 Agenda Item No. 16132 September 14, 2004 Page 12 of 29 I. MISSION STATEMENT The Collier county Public library will systematically collect, organize and disseminate in a timely and cost effective manner, a select collection of print and non -print materials, and services for the informational, educational, recreational and cultural needs of the residents of Collier County. Additionally, the Collier County Public Library will provide courteous, knowledgeable and effective customer service in meeting the informational, educational and recreational needs of our community that exceeds expectations. II. BACMAOUND INFORMATION The Library Advisory Board and the Board of County Commissioners approved the last Long Range Nan, in 2003. Annually, they have also approved the Current Year Action Plans to maintain the plan. Also approved as part of the Long Range Plan, was the concept of Regional Libraries for Collier County. Regional Library Services Centers were intended to provide a wider range of library coverage to a heavily populated area or to clustered geographical areas within a fast growing or changing population base. The idea was to replace the need for several dependent neighborhood branches with one independent Regional library Service Center, thus reducing the system's overall operating costs.' In the standard American model, a neighborhood branch should provide 0.6 square feet of space per capita for the identified population, have a service area not exceed a 3 mile radius, and be staffed by 1 professional for each 10,000 people served, with 3 non professional positions supporting the professional slot. The branch should own 2 books per capita and provide 6 day service. While this definition is somewhat static, it has been the basic model used by the Library profession for the past 15 years. It has for much of the country been efficient, effective and highly useful in creating a network of public Libraries which are unrivaled in the world.' (OCPI, Long Range Plan 1996: The Role of Regional Libraries in a Developing System, p. 22) 'Using standards for full service Library centers advocated by Joseph Wheeler and Herbert Goldhor in their work Practical Administration of Public Libraries, the Kansas City Libraries developed the following standards for its Regional Libraries:' Population of Service Area Service Area 40- 70,000 5 mile radius Location Heavy traffic area or large grocery stores Size 15,000 — 25,000 square feet Hours Minimum of 69 hours per week Parking 100 spaces Collection Size 50,000 — 75,000 volumes Seating capacity 125 —150 seats Staffing 4 professionals, 12 non - professionals (Coiner County Public library, Long Range Ylan 1`JJO: 1 ne nole of mugluua, System, p. 23) Collier County Public Library Long Range and Technology Plan • September 2004 3 Agenda Item No. 16132 September 14, 2004 Page 13 of 29 Also as part of this Long Range Plan, the library Advisory Board and the Library Director described Collier County Public Library as a three - tiered system. The first tier is the Central facility, or the Headquarters Library. It is maintained and modernized, and functions as the reference center and as a repository for the Library system. The second tier is composed of two Regional Centers, one in the northern part of the county and the other in the southern part of the county. Each regional center would be large enough to handle the growing populations in these areas, yet would have 25 %- 30% less staff than several neighborhood branch libraries. And the third tier is composed of the neighborhood and community branches of Vanderbilt Beach, Estates, Golden Gate, Everglades City, Marco Island, East Naples and Immokalee Branch libraries. These neighborhood facilities will remain stable, but no new neighborhood libraries will be constructed. When the South Regional opens, the East Naples Branch could be moved or eliminated, depending on population growth in that part of the County. Since the LRP was adopted in 1996, the North Regional library was built on Airport - Pulling Road and Orange Blossom Drive. The Board of County Commissioners designated it as the Headquarters Library, transforming the former Headquarters library on Central Avenue into Naples Branch. Circulation of the new Headquarters Library has exceeded all expectations, and surpasses each month the circulation of the Naples Branch. Current State of the Library: Circulation of the system is expected to approach the 3 million mark in FY04, and perhaps exceed it in FY05. Year -round Sunday hours were implemented in FY04 at the Headquarters library. The Naples Branch will continue with Sunday hours only January through Easter. 28 professional librarians and 82 support staff provide service at 9 library locations. Generous volunteers donate the equivalent hours of over 10 full -time employees annually. Library funding comes from local property taxes, impact fees paid by new construction, State Aid to Libraries, occasional library Services and Technology grants, E -rate reimbursements for technology expenditures, Friends of the Library donations, and gifts from individuals. The Library competes with other county government agencies for funding, but has enjoyed strong support of County Administration and the Board of County Commissioners for the last 10 years. The Library participates in the Southwest Florida library Network (SWFLN), taking advantage of the many continuing educational programs offered. Reciprocal borrowing agreements enable Collier residents to use libraries in other parts of Southwest Florida that they would normally have to pay to use. The `Anywhere Anytime library, through SWFLN and the Tampa Bay Library Consortium (TBL,C), enables Collier residents to directly request books from Tampa area libraries and from libraries throughout south Florida. The State Library of Florida§ `Virtual llbrary'project greatly enhances the information options for Collier residents. The funding of the statewide information databases, include Gale's InfoTrac enable Collier residents to research magazine articles from their homes and offices, as well as from Library computers. Collier County Public Ubrary Long Range and Technology Plan • September 2004 4 Agenda Item No. 16D2 September 14, 2004 Page 14 of 29 Collier County Public library Compared to Florida libraries" a, to er FY00 FYOI O' w FY03 M PC a w o o 186,504 >, � i. s S 0 7 •�. td A of o is �"' w `'." p„ i^ �, 4. w A �.. Season Population* -- -- 350,744 367,605 384,276 405,623 424,740 443,673 We ight e d � v Z Average Population* __ __ 288,556 302,656 316,649 334,506 350,651 366,641 Circulation Osceola 193,355 $ 23.05 1.77 3.24 7,362 2,900,000 0.45 85 77.5 625,770 St. Lucie 03,360 $ 14.64 1.53 3.5 9,984 031 712 81.5 710,875 Alachua 228,607 $ 46.12 335 10.97 13,760 0.59 1823 91.5 2,508,400 Leon 248,039 $ 21.58 1.98 7.33 17,742 0.49 102.5 99.2 1,818,526 Collier 277,457 $ 26.93 1.64 9.05 26,650 0.45 104.75 111 2,791,638 Manatee 277,362 $ 19.07 125 5.57 20,532 0.36 7525 110.9 1,545,004 Sarasota 339,684 $ 23.40 2.36 7.83 17,835 0.54 149.1 135.9 2,659,208 Pasco 361,468 $ 1525 1.60 527 16,798 0.28 113.5 144.6 1,906,614 Volusia 457,737 $ 20.69 1.66 9.05 26,321 0.50 158 183 4,158,859 Lee 1475,0731 $ 34.951 2.07 6.66 14,3201 0.40 221 190 3,164,773 Brevard 494,102 $ 28.68 2.39 8.17 14,126 0.72 285.93 197.6 4,039,051 * Standard: 1 professional and 3 non - professionals per 10,000 citizens. (ALA) ** FY03 Statistics at: bttp / /diis dos state.fl.us/bld/ research office /2003IAbraryDirectory /ISbrary Directory.html The Ubrary has been challenged by the tremendous growth of population in the County. As is apparent from the following chart, the library plans must include the seasonal population, as well as the year -round residents. population Statistics: Collier County Comprehensive Planning Section Collier County Public Library Long Range and Technology Plan • September 2004 5 FY95 FY96 FY00 FYOI FY02 FY03 FY04 FY05 Population* 186,504 193,036 235,645 257,926 270,667 299,479 314,160 328,700 Peak Season Population* -- -- 350,744 367,605 384,276 405,623 424,740 443,673 We ight e d Average Population* __ __ 288,556 302,656 316,649 334,506 350,651 366,641 Circulation 1,327,267 1,553,5 2,102,388 2,281,400 2,485,314 2,791,638 2,900,000 3,000,000 68 population Statistics: Collier County Comprehensive Planning Section Collier County Public Library Long Range and Technology Plan • September 2004 5 Agenda Item No. 16D2 September 14, 2004 Page 15 of 29 III. Library Roles Using the Public library Development Program `Planning &Role Setting for Public Libraries' the library has identified three major service roles that it plays in the community. They have been, however, modified to fit the needs of local residents. These roles are: A. Popular Materials library For many people, reading is an important recreational activity. The Public Library must feature a wide selection of current, high demand, high interest materials in a variety of formats for users of all ages. The library must also actively promote and encourage the use of these resources. B. Children's Door to Learning and Reading Enjoyment The library encourages young children to develop an interest in reading and learning through our children's services departments, providing programs, materials and activities for parents, children, and child -care providers. C General Information Center, including Reference, Information and Referral, and Lit a racy The library actively provides timely, accurate, and useful information for community residents in their pursuit of job - related and personal interests. Programs include regular reference desk service, telephone and e-mail reference, an I &R program, and literacy programs. IV. Goals and Objectives GOAL 1: Customers will be able to request assistance of a well- trained Library Staff to provide service needed. A. Popular Materials Role Staffing Objectives: I. Increase circulation staff to meet level recommended by American library Association: 1 professional and 3 paraprofessionals per 10,000 citizens. 2. Provide on -going training and career path incentives for all employees. 3. Evaluate salaries and request adjustments with Human Resources. 4. Work with Friends to provide funds for continuing education. 5. Ensure salaries are within appropriate market ranges. 6. Provide customer service training. 7. Provide volunteer opportunities and training. 8. Provide automation support for patron accounts and remote access. B. Children's Door to Learning and Reading Enjoyment Staffing Objectives: I. Provide at least one children's staff member at each location, with major children's departments staffed at appropriate levels. 2. Provide on -going training and career path incentives for all employees. 3. Evaluate salaries and request adjustments with Human Resources. Collier County Public Library Long Range and Technology Plan •September 2004 6 Agenda Item No. 16132 September 14, 2004 Page 16 of 29 4. Work with Friends to provide funds for continuing education. 5. Ensure salaries are within appropriate market ranges. 6. Provide customer service training. 7. Provide volunteer opportunities and training. 8. Provide automation support for children's computers and audiovisual needs. C. General Information Center, including Reference, Information and Referral, and literacy Staffing Objectives: 1. Increase professional staff to meet level recommended by American library Association: 1 professional and 3 paraprofessionals per 10,000 citizens. 2. Provide on -going training and career path incentives for all employees. 3. Evaluate salaries and request adjustments with Human Resources. 4. Work with Friends to provide funds for continuing education. 5. Ensure salaries are within appropriate market ranges. 6. Provide customer service training. 7. Provide volunteer opportunities and training. 8. Provide training in use of legal resources. 9. Provide specialized genealogical training. 10. Provide adequate support for literacy and I &R programs. 11. Provide policies to manage resources, such as Internet policies, security policies. 12. Provide reference training for non - reference librarians. GOAL 2: Customers will have access to adequate library materials to meet their educational, recreational and informational needs. A. Popular Materials Role Materials Objectives: 1. Budget will support purchase of materials in sufficient quantities to ensure that patrons do not experience excessive waits for materials. • Additional popular materials will be purchased when there are more than 5 requests for each title owned by the library. 2. Library will continue to participate in the Anywhere Anytime Library. 3. Library will start patron- initiated InterLibrary Loans via an on -line request f orm. 4. Library will continue to participate in SWFIN's Reciprocal Borrowing project. 5. Library staff will publicize Net Library'. 6. Library staff will continue to offer classes in using the library's on -line database resources. 7. The library will explore new formats of materials as they are available and consider discontinuing obsolete formats when appropriate. Collier County Public Library Long Range and Technology Plan • September 2004 7 Agenda Item No. 16132 September 14, 2004 Page 17 of 29 8. The library will provide security and inventory control of materials to the extent that funding is available. 9. Circulation policies will facilitate use by the public. 10. Periodicals and newspapers will be available for the public. 11. Purchasing priorities will support use of popular materials. 12. Mail -a -book, jail programs and nursing home programs will provide appropriate materials to their audiences. 13. Community- specific collections will be considered. 14. Adult programming will enhance use of and encourage use of library materials. 15. Data - stream enhancements to the public web page will be considered. B. Children's Door to Learning and Reading Enjoyment Materials Objectives: 1. Children's programming will enhance and encourage use of library materials. 2. Budget shall provide new and replacement books for children at least equal to their overall circulation within the system. 3. Children's staff members will visit local schools, providing information and encouragement to visit public libraries. 4. Electronic resources for children will be provided in every library. 5. Children's website will be maintained with current program information. 6. Staff will use website to market services and materials to children, their parents and caregivers. C. General Information Center, including Reference, Information and Referral, and literacy Materials Objectives: 1. Provide adult and reference programs that enhance and encourage the use of library materials. 2. Ensure timely receipt of current reference materials. 3. Ensure reference materials are available, either in print or through on -line resources. 4. Evaluate the growth management criteria for books per capita. 5. Ensure materials to support literacy programs are available. 6. Market services such as Anywhere Anytime library, Interlibrary Loan, Information &Referral. 7. Ensure collection security. GOAL 3 : Customers will find adequate facilities and equipment at all libraries. A. Pbpular Materials Role Facilities Objectives: L library facilities will meet the growth management requirements. Collier County public Library Long Range and Technology Plan • September 2004 8 Agenda Item No. 16D2 September 14, 2004 Page 18 of 29 2. Impact fee revenues will be sufficient build facilities and renovate existing one s. 3. Facilities will be safe, welcoming, and well- maintained buildings. 4. library will budget for building repair and maintenance. 5. The automation equipment and infrastructure will support the needs of patrons and staff. 6. Funds will be budgeted to replace equipment according to schedule. 7. Newtechnologies will be considered to replace existing infrastructure. 8. New facilities will be planned for high growth areas. 9. Assistive devices will make library facilities and materials easier for all to use. 10. Size and quantity of delivery vehicles will be adequate to transport materials and equipment as needed. B. Children's Door to Learning and Reading Enjoyment Facilities Objectives 1. Adequate office space will be provided for children's staff in new facilities. 2. Program facilities will be provided for children'; programs at new and renovated f acilit ie s. 3. Children's -use computers will be available at all facilities. 4. library will maintain vehicle to be used in children's outreach programming. C General Information Center, including Reference, Information and Referral, and literacy Facilities Objectives: 1. Naples Branch book collections and reference departments will be Snore user friendly'. 2. An automated Internet and printing control system will be considered. 3. Budget plans for replacing the Gates computer lab will be made. 4. literacy workstations will be added where appropriate. 5. Additional equipment will be considered for public relations and marketing. 6. Appropriate equipment will be provided for Immokalee's I &R program. 7. Reference will consider appropriate distance software to expand services. 8. Drive -up windows will be considered for new construction. Collier County Public Library Long Range and Technology Plan • September 2004 9 Agenda Item No. 16132 September 14, 2004 Page 19 of 29 FY 0 5 CURRENT YEAR ACTI ON PLAN Collier County Public Library In FY05, the Library will concentrate on the following: ♦ Hiring a new Library Director ♦ Evaluate ILS and replace current library automation system. ♦ Provide on -going training and career path incentives for all employees. ♦ Develop part 2 of the Customer Service Training Program. ♦ Start sending reserve and overdue notices via e-mail. ♦ Schedule staff to attend ALA conferences. ♦ Provide public and staff training in use of legal databases. ♦ Start promoting use of the Anywhere Anytime library. ♦ Promote patron- initiated InterlabraryLoans through on -line catalog. Continue public programs. ♦ Feature Children's website in library programs. ♦ Finalize plans for expansion of Golden Gate Branch Library. ♦ Start rearranging Naples Branch library shelves and collections. ♦ Encourage staff to take advantage of training opportunities with SWFLN and the County. Start developments plans for South Regional Library. ♦ Write building program and grant for South Regional library. ♦ Review Library Policies. ♦ Start PLA Planning Process. Collier County Public Library Long Range and Technology Plan • September 2004 10 Collier County Public library TEC'RN OLOGV LONG RANGE PLAN September 2004 I. Introduction Agenda Item No. 16D2 September 14, 2004 Page 20 of 29 In order to maintain a competitive position in the area of information and to provide a high standard of public service, Collier County Public Library must offer a wide range of electronic services, as well as traditional print and audiovisual services. This Technology Plan is intended to supplement the library's Long Range Plan, October 2004, as well as provide guidance in planning for electronic information services, appropriate hardware, software, and telecommunications infrastructure to deliver these services. II. library Vision Statement The Collier County Public library recognizes the growing importance of technology in the provision of information services to our customers. With technological innovations, the Library can more readily provide access to a select collection of print and non -print materials, and services for the informational, educational, recreational and cultural needs of the residents of Collier County. Customers will be able to access, exchange, and analyze information readily from electronic sources, which accommodate different learning styles. The Library also recognizes that not all users are comfortable with technology, and seeks to provide appropriate services to all users. III. library Mssion Statement The Collier County Public Library will systematically collect, organize and disseminate in a timely and cost effective manner, a select collection of print and non -print materials, and services for the informational, educational, recreational and cultural needs of the residents of Collier County., Additionally, the Collier County Public Library will provide courteous, knowledgeable and effective customer service in meeting the informational, educational and recreational needs of our community, and will strive to exceed community expectations. IV. Information Technology Assessment A. Current Inventory of Equipment and Services 1. Current Computer Inventory a. Staff Computers —130 computers b. Public Use Computers —100 computers c. Children's Computers —15 computers d. Gates Computer Lab —11 computers e. River Park Computer Lab —10 computers f. Literacy Computers —4 computers Collier County Public Library Long Range and Technology Plan • September 2004 11 Agenda Item No. 16D2 September 14, 2004 Page 21 of 29 2. Telecommunications Services and Internet Access ♦ Internet service through ATM line to Headquarters ♦ T1 Frame Relay connections to Naples, Vanderbilt Beach, Immokalee, Estates, Golden Gate, East Naples, and Marco Island Branches ♦ 128 KB Frame Relay to Everglades City ♦ 256KB Frame Relay to River Park ♦ Point -t 0-point T 1 to Count y from HQ ♦ 128 KB Frame Relay to County from Naples Branch 3. Network Equipment Servers: Gateway 7400, 2 each Gateway 7200s, Alpha Server, 3 each Gateway 6400s, ♦ Routers and Switches: 2621 Router, 3 -3524 Switches, 2500 Switch, 2900 Switch, 4000 WAN, and 7 routers. ♦ Pix 515 Firewall 4. Internal connections ♦ All libraries currently have adequate internal data wiring and electrical service. As new f acilit ies are built, CAT 5 wiring is specified in construction documents. Fiber and wireless are being considered. As computers are added to a facility, automation staff evaluates the level of frame relay service and recommends increases as needed. 5. Other Technologies ♦ Satellite receiver at Naples Branch ♦ POTS services to all library locations $ An Assessment of the Telecommunications Services, Hardware, Software, and other Services: All libraries currently have adequate internal data wiring and electrical service. As new facilities are built, CAT 5 wiring is specified in construction documents. Fiber and wireless are being considered. As computers are added to a facility, automation staff evaluates the level of frame relay service and recommends increases as needed. All areas of the library are using technology to a major extent. All cataloging, circulation, reference, interlibrary loan and administrative functions make extensive use of technology. Staff has emphasized providing services via the library§ web page. Patrons can use the web page to check on materials on loan; to renewmaterials; to reserve materials; and to view program schedules, hours, locations, and make comments. Additionally, patrons may ask reference questions and request interlibrary loan materials via the web page. The Library also sends out an electronic newsletter to those who indicate they would like to receive it. Collier County Public Library Long Range and Technology Plan • September 2004 12 Agenda Item No. 16132 September 14, 2004 Page 22 of 29 All library locations provide public Internet access and access to commercial databases, via filtered workstations. Separate computers are provided for patron access to the library catalog, to ensure they are available when needed. The library does not use any PC management software or print management services. These products will be considered when shopping for a new automation system. The Library is eager to implement self- check -out stations —also a project to consider when evaluating new aut omat ion systems. The library has a computer lab at the Estates Branch Library, funded by the Gates Foundation. The full Microsoftrm Office Suite of Programs and educational games are available for use in the lab, as well as Internet access and hands -on classes in computer usage. River Park Community Center also has a computer lab for the public to use. The computers were funded by a State library grant, in cooperation with the City of Naples and the Macedonia Missionary Baptist Church. Since the Center is only a few blocks from the Naples Branch library, staff refers the public to the Center for word processing and similar uses not available at the Naples Branch. The Library continues to provide frame relay support to this computer lab, and Library Staff members teach classes there. The `classic' DRA automation system limits some of the ways the Library can use the technology. For example, the system cannot keep track of books patrons have read after they have been returned. This would be a helpful option for many users, especially our Mail -a -Book patrons. Staff must now keep a separate file for each of the 250 +Mail -a -Book customers. The available reports limit the amount of management information that is easily obtained from the system. Library staff will consider upgrading to a new system in the next fewyears. C. Professional Development: All staff members receive training in using the library's equipment and resources. All newhires go through an orientation that includes a technology assessment. Training is partially planned based on this assessment. Staff members receive specific training in using technology in their primary job assignments from their supervisors or the supervisor's designee. Formal continuing education training is required and encouraged for all levels of employees. The library assumes all expenses incurred to provide job related training to all employees. Training is available through: ♦ Collier County Information Technology Department ♦ Southwest Florida Library Network ♦ Element K, on -line tutorials ♦ Staff taught workshops ♦ Reference Department Classes Classes include using the Internet, setting up e-mail accounts, using Genealogical resources, commercial databases, First Search, Anywhere Anytime Library, Excel, Word, and others. Generally, most library staff members are capable of using technology to the extent required by their jobs. As in any organization, some are more comfortable with technology than others. Sometimes the public expects staff to `know everything there is to know'about computers and the Collier County Public Library Long Range and Technology Plan • September 2004 13 Agenda Item No. 16D2 September 14, 2004 Page 23 of 29 Internet. Unfortunately, staff does get frustrated when the public has this expectation. Staff provides as many classes in the use of technology as possible, taking into consideration that all have other responsibilities. The library has implemented a tracking method to better judge the quantity of technology training provided to staff and their participation. FY2004 is the base year for collecting this information. Staff will be able to use the information to better provide staff training in the future. C. Current budget The Library is governed by Collier County, with the majority of operating funds coming from local property taxes. In addition, the Library generally qualifies annually for State Aid to libraries. Construction and library books are paid for with Impact Fees that are imposed on new residential construction to help pay for infrastructure'. The library also receives generous donations from the local community and the Friends of the Lbrary. In FY04 -05, the library qualified to receive over $77,000 in E -rate support. These funds will be used to purchase additional computers and peripheral equipment and to update software as needed. Technology Related Budget for FY05 Software & Equipment Maintenance Data /Phone lines Staff Training $288,200 $80,000 $104,000 $ 35,000 D. Needs Assessment The Library currently has two overriding and obvious technological needs. The first is the need to move to a different automation system. In the undefined future, SIRSI will no longer support the Library's DRA Classic legacy system. While the system itself functions as purchased twelve years ago, it does limit some services the library would like to provide. The automation staff has modified and tweaked the software as much as seems possible, in order to provide as many options as possible. All staff members have been previewing other systems at conferences, when visiting other libraries and through the Internet. The second need is to ensure that the frame relay network will continue to support circulation functions at all nine of our locations. Networks at all of the remote locations have been upgraded as data transfer rates have slowed down. This process will continue to be done, but the library needs to evaluate other options in providing networked services The library network is completely separate from the County's computer networks, and is operated by hbrarians who are interested in technology and are largely 'self-taught, not by technology specialists. Minimal assistance is available through the County's Information Technology Department. With the assistance of IT and Purchasing, the Library will seek a network professional to provide this kind of information. The automation project has the highest technological priority in FY05. We believe the internal wiring and the network are capable of handling a modern ILS. Staff and public -use computers are being replaced with new models; additional laptops are being purchased to use in staff and public Collier County Public Library Long Range and Technology Plan • September 2004 14 Agenda Item No. 16132 September 14, 2004 Page 24 of 29 computer classes; and training is being planned for those staff needing to improve general personal computer skills. The County IT Department is actively sharing information with the Lbrary staff. We believe equipment, funding, and training are all in place to ensure a successful year that includes purchase and installation of a library automation system. V. Technology Goals and Objectives and Timeline for Implementation A. To provide the most appropriate electronic information delivery system for patrons. 1. FY05 ♦ Complete RFP and evaluate the responses. ♦ Plan implementation of automation system. ♦ Evaluate commercial databases offered to the public. ♦ Evaluate usage statistics of current database subscriptions. ♦ Survey public on their needs. ♦ Provide public training on use of commercial databases. ♦ Continue to provide special training programs for other County departments and school students in use of commercial databases. ♦ Provide public training in use of 11brary website. ♦ Negotiate for new automation system. ♦ Start implementation of new automation system during spring or Summer 2005. ♦ Continue and expand staff and public training. 2. FY06 ♦ Implement any parts of I LS, if not completed. ♦ Evaluate commercial databases offered to the public. ♦ Evaluate usage statistics of current database subscriptions. ♦ Survey public on their needs. ♦ Provide public training on use of new automation system ♦ Provide public training on use of commercial databases. ♦ Provide public training in use of library website. 3. FY07 ♦ Provide public training on use of new automation system. ♦ Provide public training on use of commercial databases. ♦ Evaluate commercial databases offered to the public. ♦ Evaluate usage statistics of current database subscriptions. ♦ Survey public on their needs. ♦ Provide public training in use of Lbrary website. B. To evaluate and purchase new and changing technology to meet public demand. 1. FY05 ♦ Explore and implement new options as we install anew automation system ♦ Consider Internet and print management systems. Collier County Public Library Long Range and Technology Plan • September 2004 15 Agenda item No. 16 132 September 14, 2004 Page 25 of 29 • Purchase self- checkouts for the larger locations. ♦ Consider and evaluate thin clients and wireless. ♦ Evaluate any data line options made available through the county network. 2. FY06 • Continue to maximize new automation system. ♦ Publicize a -book products. • Evaluate circulation of laptops and a -book readers. ♦ Add self- checkouts to smaller branches. 3. FY07 ♦ Review any technology innovations or trends. ♦ Consider RFI D tags. ♦ Ensure all libraries have self- checks. C To connect to relevant information sources outside the library. 1. FY05 • Evaluate commercial databases offered to the public. ♦ Evaluate usage statistics of current database subscriptions. ♦ Survey public on their needs. ♦ Participate with any State library selection process. 2. FY06 • Evaluate commercial databases offered to the public. ♦ Evaluate usage statistics of current database subscriptions. • Survey public on their needs. • Work with any State Library projects, such as AAL or Virtual Reference. 3. FY0 7 ♦ Evaluate commercial databases offered to the public. ♦ Evaluate usage statistics of current database subscriptions. ♦ Survey public on their needs. D. To train staff and educate the public in all form of electronic information literacy. 1. FY05 • Provide public training on use of commercial databases. • Continue to provide special training programs for other County departments and school students in use of commercial databases. • Provide public training in use of Uibrary website. • Provide hands -on classes at Estates Lab, River Park Lab, and Immokalee Lab. ♦ Add training classes on use of West Law and 1,exisNexis. • Keep separate statistics on technology training for staff and the public. Collier County Public Library Long Range and Technology Plan • September 2004 16 Agenda Item No. 16D2 September 14, 2004 Page 26 of 29 2. FY06 ♦ Provide public training on use of commercial databases. ♦ Continue to provide special training programs for other County departments and school students in use of commercial databases. ♦ Provide public training in use of library website. ♦ Provide hands -on classes at Estates lab, River Park Lab, and I mmokalee Lab. ♦ Continue training classes on use of WestLaw and LexisNexis. ♦ Add any training classes for new database subscriptions. ♦ Evaluate training statistics and use to develop new programs. 3. FY07 ♦ Provide public training on use of commercial databases. ♦ Continue to provide special training programs for other County departments and school students in use of commercial databases. ♦ Provide public training in use of library website. ♦ Provide hands -on classes at Estates Lab, River Park Lab, and Immokalee Lab. ♦ Add any new, relevant training classes for both the public and staff. VI. Budget Planning Budget requests to Collier County are reviewed on an annual bas is. These requests generally reflect a 4 -6% annual increase. The software and equipment budget is significantly higher in FY05 to provide funds for purchase of an automation system. Should the Lbrary elect to move to a vendor other than SIRSI, the funds needed to purchase a system will likely increase. The Library then will make an additional budget request to the County, or redirect existing funds to the project. Projected Technology Related Budget for FY05, FY06, FY07 Fiscal Year Software & Equipment Data /Phone Imes Staff Training AUint a nance FY05 $288,200 $80,000 $104,000 $35,000 FY06 $200,000 $106,000 $200,000 $52,000 FY07 $180,000 $112,000 $ 236,000 $ 55,000 VII. EVALUATION Evaluation will be based on current quantitative statistics methods, including the number of users of particular services; the number of training sessions and participants; and any new equipment or software purchases. Costs, as always, are tracked through the normal County budgetary process, and are reviewed monthly to ensure the budget is maintained. Information transfer rates are also tracked via systems software, with staff reviewing data monthly. Qualitative information shall be gathered through class evaluation forms and current on -line and in- person comment activities. Class surveys are conducted for every program the Library presents. The library also records technology outcomes data through both formal and informal methods. collier county Public Library Long Range and Technology Plan • September 2004 17 Agenda Item No. 16D2 September 14, 2004 Page 27 of 29 User surveys are initiated annually. The automation and other software track usage on a daily basis. Reports are evaluated to ensure the library is purchasing materials that users want and that staff can assist patrons in using the materials provided. Automation and administration staff on a monthly basis reviews both quantitative and qualitative information. Class surveys are reviewed as new classes are scheduled. Decisions are made on the basis of this information -- though changes requiring significant costs may have to wait for the next budget cycle. VIII. STAFF RES PON S I BIE FOR ACTIVITIES, ANTICIPATED STAFF NEEDS, AND REDEFI NI N G S TAFF RES PON S I BI U TI ES library automation staff members are responsible for much of the quantitative monitoring. Reports are provided to Library Administration on a monthly basis. This department consists of three employees: ♦ The Library Automation Specialist is responsible for running the automation system and network; ♦ Tech Support Professional is responsible for ordering equipment and supplies, installing software on the desktop, assisting with training; ♦ The Library Technology Specialist is responsible for trouble shooting PCs and installing software at the direction of the Tech Support Professional. They also make recommendations for equipment upgrades, test specific software and hardware, and evaluate newproducts. library Reference and Branch librarians evaluate new software and hardware, making purchasing recommendations to library administration. They are also informally evaluating new automation systems. When vendors are invited in for demonstrations, they will be included. These staff members provide the core of public and staff training on the use of the library§ web page, the commercial databases, and the Internet. Technical Services librarians and paraprofessionals also provide evaluations of new software prior to purchase. They will be closely evaluating the cataloging functions of potential automation vendors. The Assistant library Director evaluates the information from staff and reviews the budget and options with the library Director, making the decisions on what is to be purchased or discontinued. As the need for additional staffing becomes apparent through the use of the evaluations listed above, the library Director recommends to the Board of County Commissioners and the County Manager that staff numbers be increased. The library has been successful in adding staff in its 12 years of automation experience. Starting with no automation staff in 1992, the automation duties were added to those of the Head Cataloger in 1994. The automation function was separated into a separate position by 1998. The first PC Collier County Public Dbrary Long Range and Technology Plan • September 2004 18 Agenda Item No. 16 132 September 14, 2004 Page 28 of 29 support staff member was added in 2000, and the second PC support staff member was added in 2002. As needs for additional staff members become apparent, we generally wait only six months to add the needed staff. We do anticipate that changing to a new automation system could decrease the amount of management time needed to maintain a modern system, with reporting becoming less cumbersome. I f that happens, the position will need to be redefined. Other staff changes anticipated include the addition of Reference Librarians —who are the backbone of the public and staff - training programs. With a relatively small professional staff, we seldom have the luxury of 'wearing only one hat'. Most of the Librarians handle several responsibilities. A new part -time Reference librarian and a full -time children% specialist will be added in FY05. These are all part of our normal planning processes. IX. Technology Policies Library Staff, the Library Advisory Board and Library Administration review all policies annually. When technology and public needs change, our public use policies are reviewed and revised as needed. Particular attention will be paid in FY05 to compliance with the E -Rate and Patriot Act requirements for technology policies. The Library believes it is in compliance, but will conduct a formal review to ensure that it is. Two new library Advisory Board Members started their terms in FY04, giving the Library the opportunity to demonstrate and evaluate the policies for people unfamiliar with the requirement s. Library Administration further reviews the Goals as the budget process begins in February. Anticipated funds available and anticipated expenses for purchase and maintenance are compared to see if any goals need to be revised. X. Conclusion The use of technology has dramatically changed the way Collier County Public library does business, as it has for all libraries. Our users are more sophisticated in their ability to use technology, yet we need to still remember that not everyone has reached high comfort zone with technology. We need to provide appropriate services to all of our users, whether it is with technology or not. Technology is one of the ways to provide these services, but is not the end in itself. The provision of information services to meet the Informational, education, recreation and cultural needs' of Collier County residents is our primary mission. Collier County Public Library Long Range and Technology Plan • September 2004 19 FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SEW Item No. 16D2 ep ember 14, 2004 Page 29 of 29 STATE AID TO LIBRARIES GRANT APPLICATION - 2004 -2005 Certification of Credentials - Single Library Administrative Head File by October 1, 2004 The Collier County Board of County Commisshoners (name of library governing body) governing body for the Collier County Public Library (name of library) hereby certifies that the incumbent single Library administrative head, Marilyn Matthes (name of incumbent) Has completed a library education program accredited by the American Library Association; and Has at least two years full -time paid professional experience, after completing the library education program, in a public library that is open to the public for a minimum of 40 hours per week. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Bye Donna Fiala, Chairman ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney Form #DLIS /SA03 page 1 of 1 Effective 12 -28 -2003 Agenda Item No. 16D3 September 14, 2004 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to Continue Grant Agreement in the Amount of $10,000 Between the University Extension Department, Collier County Board of Commissioners, and the Empowerment Alliance of Southwest Florida for the Purpose of Providing Homeowner Educational Programming in Immokalee. OBJECTIVE: Authorization from the Board of County Commissioners to sign an agreement to continue partnership between University Extension and Empowerment Alliance of Southwest Florida for Homeowner Program outreach to the citizens of Immokalee and accept $10,000 from the Empowerment Alliance to pay expenses for program efforts. CONSIDERATIONS: University Extension will provide homeownership educational programming to citizens of Immokalee. University Extension has a long history of outreach and experience with educational programming in the Immokalee community. Working with schools, churches, Farm Worker's Village and RCMA, University Extension is already welcome in many settings with educational programs. In addition, University Extension has successfully conducted Home Buyer's Workshops and one -on -one counseling sessions with Collier families in conjunction with the Collier County Loan Consortium for the past eight years. The Empowerment Alliance has planned a 26 single - family homeownership project for the Immokalee community; and through our outreach and educational efforts, currently 20 families are prepared to purchase these homes. To continue to effectively promote homeownership opportunities and prepare Immokalee residents and Immokalee workers for homeownership, the University Extension will conduct outreach, educational, and individual counseling using part-time employees trained for this program. Fiscal Impact: University Extension will receive $10,000 in total from the Empowerment Alliance to conduct educational programming until March 2005. This item will be budgeted in FY05. _Growth Management Impact: There is no growth management impact associated with this item. Recommendation: Continue grant agreement in the amount of $10,000 between the University Extension Department, Collier County Board of Commissioners, and the Empowerment Alliance of Southwest Florida for the purpose of providing homeowner educational programming in Immokalee. A.jeteds rd do id.^9 Sa�4w:�Dat 14, 2064 Page 2 d S App--d By COLLIER COUNTY SCAn6 OF Co,,M COM *Si ER3 teen Nueia 1663 M BuN�Y RK�memxbNkn M Cw%n Gam Aganm rMana'naC n231E,UMD r.Mwewae aRJTO( a:s rN 0--t NM.0 -C—*'9 -110 Camnenti — eyx/dx AaaMbn F nP- wwamam r na K S-e a Flu+. la— Rap —d Rwian3 W�++awnn / Edl.*6a R�a —ft M Mendut<. M-*M Dab 4i14RC4J SDQ:OI Alt Rapaaxd By Dan yMny Xnaniv'M Mwaila OwxacA CoeNnaeoe Y1SRaG J3aa'0 MI Pxbkc ya.•nya UNVanX)EMxabn Ap—d BY f=K,3 -_Ta rN XxU:Y NctaMt+TrnNr Eaacaa'.va 3xnwaey �'x Pd;c SxrvMaa Y_dle 9ervkM Ad Mn hT1Ra044:3C PN App--d By N.da riannaY ranxa RSCmxein aa•aaw ana P4XXC Sa+xkea rani end Rausadm aRJTO( a:s rN App-. BY AaaMbn D+ta M1NmAaed Cr:'nry Na.- aps(a Orew Adeinix:�ve gSadNryxl+r'rt8 aui9at iOC.'1XG a:t3 AN App--d BY .LUWS!IXawoarl AQnfNatia_'w Ap{fsd anY P_DPC Sarvews UM by Eabnabn f=K,3 -_Ta rN App.-d By aa.YAx+n,:..A NanapemeMaBUdiatAmeYat am Cewxy Nana3a'x O!MCa aria u: Na :apxn.nt a BudP�x 9Ib:MA J:JS FN .pp.-d By eaczaN 3mykoaxM ManapxmaMaBUd,at akads Dm c�:xxX al.- .awr+�rew Drew w.11a- .apomaMaaxapae 4lYlOna arse rN Appnxed By J+nra Y. Nuad Gamey Nanagxa �° 9ovd aCawe+y �:n:nm4a4.aex � .�.Itanx:Na ONU 9RIFWa 2:SX PN Agatha Item No. 16D3 September, 14, 2004 I'ge 3 of 4 �e din �d er area Pte` arti�ies.. �cai httausing ht�meyer. w the ased'on Jub l tiaa :' �blc;lx��y a: Agenda Item No. 16D4 September 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to recognize additional revenue in the amount of $2,569 and sign the budget amendment to increase the Retired Senior Volunteer Program (RSVP) budget. OBJECTIVE: The execution of this budget amendment is necessary to recognize additional revenue from the Corporation for National Community Service to increase the RSVP budget by $2,569. CONSIDERATIONS: The Retired Senior Volunteer Program (RSVP) links volunteers with agencies requesting senior volunteers to help serve the needs of the community. As sponsor of the program, Collier County Government is able to implement a comprehensive volunteer program within the community thereby providing additional services to citizens at minimal expense. The actual award of $65,869 was $2,569 more than was previously estimated during the initial budget cycle. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: FY 2003 -04 budget in RSVP (116) will increase by $2,569. No additional matching funds are required. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners sign the RSVP budget amendment in the amount of $2,569 to recognize the additional revenue. A,enca n� No. 160A SapteeKSr 14. 2004 Fage 2 t 3 COLLIER COUNTY BOAR) OF COUNTY COtlWISSX EP.S Brrr NwnDLr 1�:i3 Xem Sumrrury RoctxnmaMdYt+r b rt�'�]'nt.a6ltlrti re Mros i� Uo artnwn: U 4::.�i -4 Nu md) t ^c Rxye: iranJrw_:I to rr..rnase!ty+ Fnlcs. Sinzx tic�::n�ysr :'.^x:r..m�i!'i � tj O;+u'J'3'.. Baaerq Oab A'13: dfi+9't =:fK: AYE: e a prepared By T—A pclah vanrs Gael tl). ?xCi :c'6!)Mt a.n.. _ �.ox Xwrea Eeniye Approved By B,ny w:mamc AGic darr:ea Xrenirt SVrHcas Sn>,]3Gt ): Sd ?M App- BY Mae13 RanxY P«Ya L Ra<rea:un r)iroeu• a +s H�bkc 3erv:cax ihrkx nM AwceYUan ?IJJiYFS ? i 34 Arf AppraM BY Admica:eM:v >NaifWA Ou pN iarmGar4 Cep' yerapsrx OK CfRU n) W::apammt i BVOdrt Lf]G'SXS 3'xI PB Apl-4 67 Gay A. Viacrnt WnxgemeM l P.upaNA e«nH Wnw'YreoKC G#SGe O!N +Rmer.. a a:dLee e•�+:xrA :r:is AN Approved BY lde *aal Sr�Yianw #1 WnMlamarRL BW'vel ONe!:oe �Ye M <GKy +y.J2 PM Approved BY Jm�aa V. Y -M ..wnM1 WnNer DS'u Boxd J!CCmry ..wryY Wna4 +lx OflSU Y:20it d.:S PM Notice of Grant Award c orporation for National and Co Agenda Item No. 1604 #s>M 4, 2004 60 Forsyth St Sw, Suite 3rt 3 of 3 Atlanta, GA 30303 Retired and Senior Volunteer Program G rantee Collier County Govemntont ON: 596000558 3301 Tarri2mi Trail, East Building K Room 211 Naples FL 34112 -0000 Award Information Agreement No.: 03SRSFLO17 Project Period: 09/30/2003 - 09/29/2006 Amendment No.: 0 Budget Period: 09/3012003 - 09/30/2004 CFDA No.: 94.002 Accounting Classification: 2003 -P74 61207 4101 Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (42 U.S.C. Chapter 22). Funding Information Current Year Pravlously This Awardf Total current Awarded Amendment Year This Year Total Obligated by CNCS so S65.869 565.869 Gmntee's Unobtigated Balance (Carryover) so so so Total Available so 565.869 665.869 Cumulative Funding for Project Period Total Awarded in Previous Years Sa Total CNCS Funds Awarded to Date 565.869 Special Conditions/Other Costs allowed under this grant are limited to those categories contained in signed application paclmge dated 817 /2003. Grantees shall prepare a Project Progress Report (CNCS -1020 for Senior Corps or CNS 1433 for AmeriCorpsTMblSTA) semi- annually at the end of the 2nd, and 4th quarters of the budget period. The report shall be submitted to the Corporation Program Managerno later than 30 days after the end of the designated reporting period. + ci +. .� V[ 1t.t:ClJtdJlCe: tsy accepting funds tinder this grant, the Grantee agrees to comply with all terms and conditions of the grant that are on the Corporation's website at http:/ /egrants. errs. gov/ tetmsandconditions /RSVPTandC.pdf, all assurances and certifications made in the Grant application, and all applicable federal statutes, regulations and guidelines. The Grantee agrees to administer the funded Program in accordance with the approved Grant application and budget(s), supporting documents, and other representations made in support of the approved Grant application. Corporation for National and Community Service: signature Date ltay hansom 404- 562.4070 Crams Official Agenda Item No. 16D5 September 14, 2004 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve the Black Affairs Advisory Board to hold a voter registration rally in Anthony Park on September 25, 2004. OBJECTIVE: This event will assist with increasing minority voter participation during the 2004 election year. CONSIDERATIONS: The County Commissioners approved the formation of the Black Affairs Advisory Board (BAAB) in 1991 (Ordinance 91 -38) to identify and evaluate problems unique to the African- American. it is the responsibility of the Black Affairs Advisory Board to review and recommend ways to ensure communication between African - Americans and Collier County Government, and to promote and foster a better understanding by Collier County, the problems facing the African- American population. The BAAB has found that there is a significant number of African- American individuals in Collier County who are eligible to vote but not registered. In an effort to increase the amount of registered voters within the African- American community, the BAAB suggests holding a voter registration rally to encourage those who are not currently registered to vote to complete a voter registration card. This event will by no means endorse any candidates. It is simply a means to provide outreach to the African- American community regarding voter registration. The Supervisor of Elections office will be on site to provide assistance in demonstrating how the voting machines operate and with processing voter registrations. The rally would be held September 25, 2004 at Anthony Park from 12:00 p.m. to 4:00 p.m. The voter registration rally will serve a dual purpose in promoting the community's awareness of the Black Affairs Advisory Board while helping to increase voter registration within the African - American community. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: None RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the voter registration event. A3artia ttdm Na to ^5 $aptarlDer 5,.2962 Fags 2 d 2 COLLIER COUNTY BOARD Of cvjft Y coY ISSIOXFRs IMnMrnO� iu� iym awmaY R—aarbaw. e:aXe n nxa R.wa rRp'saaran ray ie AMT.y?aric r• Saplawar 25.2991. YaaBrq i. A. 9ca heparM By i�Jd:1]U 13a:J1 IY Sara A Damc4 :sari 9aaMCaa' Wplec aarviaa Xuaa.� Sarlr»a App--d BY Ba.:ywaiam. R,r,aa a,:.ro.a a�arr.r 9ma Xvlian sa�NCal a+se.tx. rs: PY Iues<sarcaa App- BY YaAa FannaY PaXu d Racrca:.on 9ireea OYO Pubkc Bavlcee ?ar4s and RCCeel:rs iA0.3^�C l:C3IM A BY 9a i.Ma +aai Ad.Tln'Y.rsGVa AcsHrar! 9� Ceumy Nclgata MBCa :YM1rn M W- .aY•^r ^a a 6 W9a 2.+.'9a. a:.s AY App.-4 BY oar A wa:am Ya+l9aa+am t ewfa anxn� Ba• Ceatr Ya'Yiah Mf�c ofSCa of YaeYQanxr_ d B::apat a :1xo-x 4:K AY Apprevad BY fBN.W Snyko+nAl Wnaacmmts BuJ9ar 9irtra `�' GslY YCapa's OM:tt 9saa etMraLM+maBc'SOa 9H!—a:VW Ap,—d BY Jxmaa Y. Y .td �a:naY �>1Nr 9N beard ateecmy Cax+caianan ,.a:;nry Wnsgah OIF.c a�N20x J� II! Agenda Item No. 16D6 September 14, 2004 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve an 0)or Landscape Services with TECH of Collier County (Estimated Budget Objective: To provide clean and safe facilities through the use of contracted services. Considerations: Collier County's agreement for landscape maintenance services at County parks with TECH of Collier County expires September 301 2004. TECH has performed this service for the past four (4) years, and the program has been of value to both parties. The $6.50 hourly rate for the TECH workers is substantially lower than any other source. Due to the nature of TECH operations, this is not an agreement that can be competitively bid. The cost of the program has been annualized at approximately $33,800. This program will provide the equivalent of 2.5 FTE positions to perform landscaping maintenance within the community parks. The term of the new agreement is for Fiscal Years 06 and 07 with the option to renew for two one -year periods. Fiscal Impact: Funds are budgeted in FY 2005 Parks and Other Property, Other Contractual Services (111- 156332 - 634999) in the amount of $33,800 for this program. Growth Management Impact: No Growth Management Impact is associated with this action. Recommendation: That the Board of County Commissioners approves the sole source attached agreement with TECH of Collier County, Inc. and authorizes the Chairman to sign said agreement. <. 2004 B 0 �"`d'rbFagd 2 of COLLIER COUNTY BOARDO COUNT' CO '$S!OPERS Ikrra IaKlrCar 1cDb Ban 9vmmarY Rurm:nende6ar b app:w^ Mz Aar—l'> la^M1SVy: `-'c• ixx TECH of G4ie! C.mly;ESErrcad kres!aq BseP P•16:2:P=k._T ?'.IK�Au App. -d BY Mn.dosma Bt«n and wa:. snPa�+mena.m xe Nbia Sarricxv Iarkv snd Peae•ve!r S ^.L'Sa0f d:t9 AAt App—d BY Joxa. C. volt Perks Suwdn•.andaert ilrte P•A. and R.catlan ani^_0[s !c:09 Ak Pv6bc Servlcx App. -4 BY KWYB��'tY"a'P°^ °r Ptecu:ve Sec•txy Jau Pvbkt FeMm P,:M!a Servkze Amain. rlZT,YJCa 10'.!S 6M APP-4 BY 1faM Ranwy Parks f Rsnsxbn O:: eclw ' �3° Nbaa' fw.era Iarkf end PeoeatieP i•)Cf130t t:t] PM App—d By Brvr:d• &ti'bsM1 P_+eKa+eynt Aaam rte t'.ZS PM Adn•Jrl.MS!!w SSrWCM ft:rtMiM hic,::M App—rd BY st. »eer�.s AaT![Jwx.+n sarv!tr. w.tM1P+»•f App- -d BY MipinM1ard Ad- 6nsra�K ASalata•:t a.e co:nty nan.k+r.>M : or5a e! W^.avn+an:6 B::aaM 4•:130:1 !: -.)6 oM Appr—d BY 6a�y A wncerA MsnpvmarA 6 Bu v� 4^°7'•1 date tn::nty Manapera OaKe +peme Wnce ae Mar n! f 0 •dpK �TZDCt <:Z] FM App—d BY yaayM Yicriel3,• ' Manaf•mam s BuM�eI O✓ep« a'•� ceamY MA ^ap•r•�• :r.!�. nr waawa+e•t a awa•! anao-x t:�: cM App—d By JamssV MW6 C«:nry Mamas. 'mss awN d (:ca^l Cn:mn %ealcr,e.s tl Mmaeart o-alf. 3.N30:1 S:.! PM Agenda Item No. 16D6 September 14, 2004 Page 3 of 6 AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES THIS AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES (Agreement) made this jN"' day of ' eatbo2004 by and between the Board of County Commissioners of Collier County Florida, hereinafter referred to as COUNTY and TECH of Coiner County, Inc., hereinafter referred to as CONTRACTOR. WHEREAS, the COUNTY has a need for certain landscape maintenance services and the CONTRACTOR has the personnel and ability to perform such services. NOW THEREFORE, the COUNTY and the CONTRAC'T'OR for and in consideration of the premises, and as hereinafter set out, agree at follows: 1. The COUNTY hereby engages CONTRACTOR and the CONTRACTOR hereby agrees to perform landscape maintenance services employing a maximum of five (5) CONTRACTOR'S workers for a minimum of four (4) hours per day, five (5) days per week for each worker, at the county parks and other county locations as designated by the County's Public Services Administrator or his designee. 2. The CONTRACTOR shall receive compensation for providing said services during the period of time set forth above, as follows: $6.50/hour for up to five (5) workers for twenty (201 hours/week per worker, the sum total payment for services under this Agreement not to exceed $33,800 per year. 3. The term of this Agreement is from October 1, 2004, through September 30, 2006, with the option to renew for two, one -year periods. 4. The CONTRACTOR, (including agents or employees) is an independent contactor and shall not be entitled to participate in group life or health insurance programs or pension plans of the COUNTY, and shall not be covered under any fringe benefits of the COUNTY, including but not limited to: vacation, sick leave, holidays, unemployment compensation and worker's compensation. 5. The CONTRACTOR shall provide and maintain insurance as follows: a. Worker's Compensation: insurance covering all employees meeting statutory limits in compliance with applicable state and federal laws. The coverage must include Employer's Liability with a minimum limit of $100,004 for each accident. b. Comprehensive General Liability: Coverage shall have minimum limits of $500,000 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. This shall include premises and operations: Independent contractors: products and completed operations and contractual liability. Page 1 of 3 Agenda Item No. 16D6 September 14, 2004 Page 4 of 6 6. Collier County shall be included as certified holder on both the Comprehensive General Liability Policies. Current, valid insurance policies meeting the requirements herein identified shall be maintained by contactor /vendor during the duration of this contract. Renewal certificates shall be sent to the COUNTY thirty (30) days Prior to any expiration date. There shall be a 30-day notification to the COUNTY in the event of cancellation or modification of any stipulated insurance coverage. 7. The CONTRACTOR agrees to indemnify, defend, save and hold harmless the COUNTY from all claims, demands, liabilities and suits directly arising out of, because of, or due solely to any negligent act or occurrence or omissions or commission of the CONTRACTOR, its agents or employees. 8. This Agreement may be terminated at will and without cause by either party provided that written notice be given one (1) week or five (5) working days prior to termination. Notice shall be made by Certified Mail, Return Receipt Requested, or in person with written acknowledgement of receipt of notice. CONTRACTOR shall be compensated for all work performed through termination as provided herein. Notices required or permitted under this Agreement shall be addressed to the authorized representatives for the CONTRACTOR and for the COUNTY who are designated as follows: For the COUNTY: Collier County Government Center ATTN: Pubic Services Administrator 3301 East Tamiami Trail Naples, Florida 34112 For the CONTRACTOR: Leslie W. Leech, Jr. President and CEO Tech of Collier County, Inc: 3984 Arnold Avenue Naples, Florida 34104 Page 2 of 3 Agenda Item No. 16D6 September 14, 2004 Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES for the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA A POLITICAL SUBDIVISION OF Dwight E. Brock, Clerk THE STATE OF FLORIDA Bate: Approved as to form and legal sufficiency: Scott Teach Assistant County Attomey By: Commissioner Donna. Fiala, Chairman Date: Tech of Collier County, Inc, r Typed Name and Title (CORPORATE SEAL) Page 3 of 3 AcoRn_ CERTIFICATE OF LIABILITY INSURANCE S C bpa - I - THIS CERT94CATE IS ISSUED AS A MATTER OF T'ION 'RODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rolfe Davis Insurance ALTERETTHE COVERAGE AFFORDED BBYE THE POPOLICIES BELOW O. Box 945255 4ai.tland rL 32794 -5255 INSURERS AFFORDING COVERAGE NAIC 0 Pbone:407 -691 -9600 353 MM A: 7:ynston isN Ce IcPoC- I�tl�nss3 INSURED INSURERS: Sunrise Community, Inc. INSURER C: Onal Prpproes �3 gs333ive D Miami FL 33173 INSURER e ANOING COVERAGES ABOVE THE INSURED NAMED THE POLCES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO ANN REQ @IT, TERM OR CONO17M OF ANY CONTRACT OR OTHER DOCUMENT RESPECT TO WHICH THIS CERTIFICATE MAY BE IS�IED TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH THE INSURANCE AFFORDED BY THE POLICIES RI ED HEKIN SUBJECT E MAY HAVE BEEN REDUCED CLAIMS POLICES. AGGREGATE Lam POLICY NUMBER DATE TE LTR TYPE OF INSURANCE EACH OCCURREf#CE $1000000 GENERAL LIABILITY SH828198 05/31/04 05/31/05 PREMISES oxursrwe $50000 A ' X X COMMERCIAL GENERAL LIABLrry MED EXP om one peow) s Excluded X CLAMS MADE ❑ OCCUR PENAL a ADV arJURV $1000000 X Sexual Acts Liab GENERAL AGGREGATE $ 3000000 $500000 sub -Limit PRODUCTS- coMProPAGG J.s 3000000 GEWL AGGREGATE 1 Bene 1000000 pRIMITAPPLESPER ply JECT LOC S E � ; AUTOMOBILE WBRAY ANY AUTO INJURY ; ALL OWNED AUTOS (Per Pw (Per Pam) SCHEDULED AUTOS HIRED AUT03 BODILY INJURY (Perac*W* = NON.OWNEO AUTOS PROPERTY DAMAGE $ (Per erddeM) AUTO ONLY - EA ACCIDENT S GARAGE LIABILITY EA ACC S ANY AUTO =%TM AGG S EACH OCCURRENCE s EXCESSNIMBRELIA LIABRAY OCCUR CLAIMS LADE s — — i S DEDUCT>IS.E $ RETENTION i TORY _ ER WORKERS COMPENSATION AND ACC EMPLOYERS' UABUTY EACH ACCENT- �. $ _ - � - -- - -- - - - E.L. DISPJISE - EA EMPLOYE f OFFIG�IAAEMBER EXCLUDED? E L DISEASE - POLCY LIMIT f PCAPV=4 b'.. OTHER A Professional Liab SMS29198 05/31/04 05/31/05 LOCATKNtS ! VEHtCLFS / EXCLUSKMis ADDED BY ENDORSEMENT J SPECIAL PROYIeONs DESCRIPTION OF OPERATIONS! *Except as required by Florida Statute. Certificate Holder is inlucded as Additional Insured regarding General Liability if required by written contract. Liability is limited to loss or damage arising out of negligent acts of the insured. Re: Agreement for Landscape Maintenance Services -- _ -_ CANCELLATION CERTIFICATE Collier County purchasing Building Attn: Brenda Brilhart 3301 East Tamiami Trail Naples FL 34112 25 COLLCOU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TINE EXPOATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR To MAIL 30* DAYS wRrTTEN NOTICE TO THE CERTT "TE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 sO SHALL WOSE No OBUGAT" OR LMBILTTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. El Agenda Item No. 16E1 September 14, 2004 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve the Advisory Committees Outstanding Members Service Award Program OBJECTIVE: To initiate a program to recognize outstanding members of Collier County's collective Advisory Committees and to honor, and reward such members for their outstanding and dedicated service to Collier County. CONSIDERATIONS: On June 22, 2004, The Board of County Commissioners directed staff to create a program to recognize outstanding service and the many long hours dedicated to the County by our various Advisory Committee members. The proposed program will include two aspects, an Achievement Award and a Service Award. We anticipate the program to begin 30 to 60 days after distribution of information and nomination forms to the Advisory Committees' liaisons. ACHIEVEMENT AWARD: This award program will recognize a Committee Member of the Month and a Committee Member of the Year, utilizing similar criteria, nomination form, and deadlines as the employee recognition program and will be presented during a Board of County Commissioners Meeting along with the Employee of the Month / Year. The Awards Committee (same Committee that currently selects the Employee of the Month) will evaluate and select volunteers from the nomination forms. Sue Filson will attend meetings as a liaison (non- voting) member and subsequently prepare the certificate and executive summary and add to the Board's Agenda for presentation. SERVICE AWARD: This award will recognize the selected Advisory Committees' members based on years of service. They will be recognized during a Board of County Commissioners Meeting and will receive a volunteer pin with the number of years served engraved on the pin. FISCAL IMPACT: Approximately $1,600 for the initial program, to be covered by the Board of County Commissioners' budget. Subsequent years will be budgeted within the Board of County Commissioners' budget. GROWTH MANAGEMENT IMPACT: There is no growth management associated with this program. RECOMMENDATION: That the Board of County Commissioners approves the attached Resolution authorizing the expenditure of funds for the Advisory Committees Outstanding Members Service Award Program as presented and directs staff to initiate the Program. 1^ AyePda Ittvr NO WE? Sapla. er !d•2OOd Fall 2014 COLLIER COUNTY BOARD OF COUN COMWSSIONERS App.M By Ilan Bunnry Rwx!n� 1¢%+: h g5�'al^ il�e H:i l:�•m.•xeu. Cu1=.Yr4�5i Nx�.^.tna Ss�sia Avvl6 ?rtya -:. OaSn M�]lYq Oats K14RC6� ffl_.M Ass OMn a W!•apsmem 6 B:xlpN hepaM By 9.a Wry BaGi Gn:+cre Sac�e!ar/ LSD.'TJOf ]:ET:]a AlR Ad•M%so:MArn SarAon Ah••IVaual:vf SaMaf Ahr3n. Ranagemant 5 ewlynt pPacfrc Appnfsd By Oo.wM Mr:ape+l OfOce W OO'�du+Ma Adsin:nrrM Sarvkn AdrNnslrrtw 'Ja'+ ML'nNd+nv�x b[tvkn Mtnin�fvs:n Seerian AdNn. Yl]tliCt ltt PM App—d By Jemff v. Bndd 9vo NYen EsmR Wnyw:e Na 6CC OMs i]n+rtaCamiy BCC OfB<a c nusfwr sn. zea. cta yr App—d By MIk aN A6Nn�uK:vf ASaif4 -.t Dna ca:nty ps:a]fh ONiu Cf!in e! W:.a4aa»n ] B::ipat MS']]pt a:zs AN App.M By BnidnJo-rJ:an 3]anx]an�mUBu0:at Artl]v< OaSn C =ty Wrapla OMU OMn a W!•apsmem 6 B:xlpN S/[S'1c]t tY.Yt PM App—d By ]F.rAant S+�yio'vaal Ranagemant 5 ewlynt pPacfrc Oaa Oo.wM Mr:ape+l OfOce Ol]ee o:MC.atMmfM BBudy[i allTRCPt ]:tT AN App- -d By Jemff v. Bndd .xnry Wnpar Daaa 8ev6 M cn+nV Convnifairnwz �q vy,aFae,f OIMf aaTZIaJ :0:]i AM Agenda Item No. 16E1 September 14, 2004 Page 3 of 4 RESOLUTION NO. 2004 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, APPROVING THE EXPENDITURE OF COUNTY FUNDS TO INITIATE A PROGRAM TO RECOGNIZE OUTSTANDING MEMBERS OF COLLIER COUNTY'S ADVISORY COMMITTEES AND TO HONOR AND REWARD SUCH MEMBERS FOR THEIR OUTSTANDING AND DEDICATED SERVICE TO COLLIER COUNTY AND DECLARING THAT SAID EXPENDITURES ARE AUTHORIZED AS SERVING A VALID PUBLIC PURPOSE. WHEREAS, the Board of County Commissioners directed staff to create a program to recognize the outstanding service and long hours various Advisory Committee members dedicate to the County; and WHEREAS, the staff has devised an awards program that will accomplish the directive given by the Board of County Commissioners by establishing an Achievement Award that will recognize a Committee Member of the Month and a Committee Member of the Year based on outstanding and meritorious service and a separate Service Award that recognizes the years of service provided by selected Advisory Committee Members; and WHEREAS, in honoring these outstanding and dedicated Advisory Committee Members the Board of County Commissioners may present those selected with certificates, plaques, ribbons, decorative pins, or other such ornamental awards to commemorate the occasion; and WHEREAS, Collier County Ordinance No. 87 -5 allows for expenditures of County funds to enhance County employee productivity, and recognizes that the promotion and engendering of good will toward the County is an important factor affecting the pride of County employees and volunteers in their work, provided that the Board of Commissioners adopts or has adopted an implementing resolution setting forth the specific purposes of the expenditures; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: Agenda Item No. 16E1 September 14, 2004 Page 4 of 4 1. The Board further finds that an awards program that honors selected Advisory Committee Members with certificates, plaques, ribbons, decorative pins, or other such ornamental awards to honor and acknowledge outstanding achievement and dedicated service to the County serves the valid public purpose of promoting and engendering good will toward County Government and increasing productivity and for those reasons the Board hereby authorizes disbursement of moneys to pay for said expenditures. THIS RESOLUTION is adopted after motion, second, and majority vote favoring adoption this 14th day of September 2004. ATTEST DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legal sufficiency: Scott R. Teach, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, Chairman Agenda Item No. 16E2 September 14, 2004 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve a Budget Amendment to appropriate Building Maintenance Special Service revenues totaling $90,000 and Security Special Service revenues totaling $13,500 for reimbursement of personal and operating expenses in Fiscal Year 2004. OBJECTIVE: To approve the attached budget amendment appropriating those revenues received for reimbursement of overtime and operating expenses incurred for building maintenance and security known as special services. CONSIDERATION: The Department of Facilities Management is called upon to provide services that are not exclusively for repair and maintenance i.e. locksmith, cabinet making, special event setups and so on. This work is titled "special service" and expenses are passed through for payment to user departments. Revenues are received from various "consumer" departments as payment for materials used and services performed. When actual requests for services exceed those anticipated at the time of budget preparation, additional budget authorization is needed to recognize revenue for payment of incurred expenses. In addition, the Department of Facilities Management is responsible for providing security to the County Government Courthouse and to other administrative government buildings. During this fiscal year, the need for additional security staffing has increased substantially due to after -hours construction in "secured" buildings and many other special security requests. A small amount of revenue has been received from various departments as payment for security services performed. These funds are already budgeted in the user departments and are transferred to the Building Maintenance section cost center and Security section cost center after services are performed. FISCAL IMPACT: Revenues of $90,000 are being appropriated from reimbursement for Building Maintenance Special Services to Building Maintenance Personal Expenses and Operating Expenses (001). Revenues of $13,500 are being appropriated from reimbursement for Security Special Services to Security Personal Overtime expenses and Operating Expenses (001). GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves the necessary budget amendments as addressed within this summary. 9i- Agenda Item No ISE2 SBptg ,1 f 44. 20024 ae of 2 ApprevM By COLLIER COUNTY BOARD OF COUNTY COMVMONERS New NfwfDeF ItE2 Iben Suwwny AW.. a B:YJge! Mmenl:va.?FM{"pb 9iWVw; RL-i:fimrm Sp°cini SaM^a 13 aCf ]: %PM _ex WNbq no OP} -0S—b rl -ti S— nr.arvss tralify S1 }.E(p kR remGUaa::vM et ::ewMia: rA OFe:rF lerpe�**:n F:s:s YavMN ."«,. MeeWq Bsb xurra k.o::.n�Au App-4 By Co-eky W++pFre� 541E Came. C.F.M Fa -Jekiw Ma:upamew Wr+cto< �eM AdmlrL.: a1'e +SaMCea FaJnlwa MsnayamsM MtRM(M 1-4Mf App—d By Dsnb10. RoM'yuei Fatl:ahf ManayM DH A4aM:2Wie�'l aarAOa FrJaueaM.".M if2Y]+J All PM ApprevM By I-- pd. AQMnsys`n SSnleaa AdminbVSle• D- Aa+ir:c-.c $-'ACae Ad:+iniatrea'n 9eMtaa A6 .In. 13 aCf ]: %PM Appnved By pM UMFVJ A¢, IratrsCVa Aeaiam.�e aaf^ Co-eky W++pFre� IXnu of lfr- >L nY.L Bu3BR s2SICN Y.'M AY Appr.e By Ream JNaven Men +4e�nN6'M:eI A^'IM � C—q Ma -�psla .7lFiu :Y.!fca o! Marapanart \ au J:n Y ]eC3 ::'N PM Apple By MI <aiS- y?eunstl fLinapemew46Wya 0lenor rJ=e te:n.ir M+ -.y<ra a!K: on.. e. wnwiamnn a euea•e in >naa s -.ss AM App—" By Jamsa V. M:xe6 Cv -'nH N✓:a9af Qzb aaertdCaw:N Gonm:aab�az ��. M.anagKS OIF•y 3R:llCee iF:T AM _ Agenda Item No. 16E3 September 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve additions to and deletions from the 2004 Fiscal Year Pay and Classification Plan made from August 2, 2004 through September 3, 2004. OBJECTIVE: For the Board of County Commissioners to approve additions to and deletions from the 2004 Fiscal Year Pay and Classification Plan. CONSIDERATION: Attached, as Exhibit 1, are proposed additions to and deletions from the County's 2004 Fiscal Year Pay and Classification Plan that were made between August 2, 2004 and September 3, 2004. The additions and deletions result from a resignation and a reclassification that have occurred since the Pay and Classification Plan was approved in September 2003. FISCAL IMPACT: The results of this action will have minimal fiscal impact to the County. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve additions to and deletions from the 2004 Fiscal Year Pay and Classification Plan. PREPARED BY: Donald Albonesi, Manager — Compensation, Human Resources Department Ayerfda Item It 18E3 SePtefKier'. ;. 2004 Faye 2.t 3 APPrarad By COLLIER COUNTY prt iafndfv6 BOAPO OF COUNTY COWIS MNEP.i Mfo NwM,r l6zJ OISax M Na- e�en•n:: 6 8v:1pet 9ifYt0i9 9:14 AN Il,ln Sunfl y Rw . vrl¢fio-: lo+tppruva a:fei4afs .; P.�c dNea a rani [M h`04 is J Yea P J C by a'sx: f rte. mxt f.-m >ay::a! 2.1)04 9 .;,iA UV--, 3. 2. l . B,aaIV wl"AAlI (iO fWf Prq—d By a' 19a:,iement a BadiK WifiECa 9:af AN DaraN Albon,xl .w+fPrfuRan M.nsg l•'t. ?]ei f Z:SS:a4 PN Aa.nif9,txwn Sorvtue a- Resm?ie A"—d By '.-`K. u-'. W-pamaw:abWit! Y•R09a"'M PN FM -atd fJAxwal ..nnPOneaIW+NSnzgn. IIxft AiaiM,.. a,f�lta Nun,�Roxa.,�cea SItZ:.C{lz:i PN App— By kan Nt+iB Numx:: Rica -:cn C:ra:::u Sato Ad:MniN -Mev, 3rtralnu Rumor Retw:uc dfifRQW J: S: PN App--d By Aa.aaitra –.va 5arv4ria M.- lnnfrMU� Da> tt: CgMnPffu Atl,d+fiarefa, 56rsiue AMwieaVai:va SO��.. -ea A•R -in. A./YWSa 9:S5 AM APPrarad By prt iafndfv6 A2- 1a <- :a::re Pais > -: � —ty Na�syw(t 01fx, OISax M Na- e�en•n:: 6 8v:1pet 9ifYt0i9 9:14 AN APPnted By Roafn JOen,an wnroxn.emfsa�,xl A +myof axt Ct _erty Neap /, Oa<t a' 19a:,iement a BadiK WifiECa 9:af AN App- -v By Nic'+,I amyl m flxnaq -maM A BUa:et DL-acta Dw Co�fyM .apofx0!` '.-`K. u-'. W-pamaw:abWit! Y•R09a"'M PN App—d By Jam„ V. Nw4 ..xnly N,nagn. fJxf, aaW NCtuniY - N JfM1Ct 9!:fS0a15S.58 PN CaauMUbnr., �, ry afuF,r's covo) wo- coo 0 .-CV co O -z Z— L cLj E (D�. ^^- E cc 2 -00- a 0) a m N p p L IL F c O 1* O �Ej E N c 0 c O O N O N m x a 0 0') O -0 _N ca 6 ° CO 7 Cl) Q co _a m m N �Q _ U U C V y (0 U >, t: N O co N U Oa W N N-0 a y 7 — U C �` y OL O ++ Q U O L O y_ -0 m o a a� E 0 (D L E m 0 ca 7 0) c OQ E mE.rn rn o c0 �Ecaco � c U �ti� N Q DcE`' D =gym (� A (9I N CN N N a E v LO v N a M L c O N 7 O 0 1* O �Ej E co 0) °' CV � r' N O N m x 00 ti 0') M tco _N ca 6 c CO m co m — a m � co —7 v to V CL c O c LL M7 a � R 3 C p N Q o � (� A (9I N CN N N c ° N O 0 0 a E v LO v N a M L c O N 7 O 0 L 0 �c N y U) _N ca c CO o — a m c � co o CL c O c Q o � � a 10 a, c ° N O 0 0 V U1 i 0 U N y f0 M Z y O m Q U () Z cn a E v LO v N a M L c O N 7 O 0 Agenda item No. 16E4 September 14, 2004 Page 1 of 3 .�.. EXECUTIVE SUMMARY Recommendation to approve the award of Bid #04 -3709 in the amount of $942,430.00 for a Construction Contract with Brooks & Freund, LLC for the construction of Emergency Medical Services (EMS) facility No. 19. OBJECTIVE: To obtain approval from the Board of County Commissioners to award Construction Contract #04 -3709 to Brooks & Freund, LLC, for the construction of EMS -19, located on Santa Barbara Boulevard, Naples, Florida. CONSIDERATIONS: The Purchasing Department sent out 202 invitations to bid for the construction of EMS -19. On August 11, 2004, three sealed bids were received and opened with the following results: Brooks & Freund, LLC $942,430.00 Vanderbilt Bay Construction, Inc. $959,400.00 Bradanna, Inc. $1,024,518.00 FISCAL IMPACT: The bid price of $942,430 is well within the budgeted cost of $1,600,000 that was approved by the Board in Project 52007 -1, EMS Station 19. Source of the funds is EMS Impact Fees (Fund 350). GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan and the County's Master Space Plan. RECOMMENDATIONS: That the Board approve the award of Bid #04 -3709 to Brooks & Freund, LLC and authorize the Chairman to sign the Contract after review and approval by the County Attorney's Office. Agortl3 N¢m ND ISEd Sapler:iCer -z faggs e 2 oA f 3 3 COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS B.M Beerier ICE-- MMn S—m—y Rfcammr.lelc. Mapprove --clB Ra33 %OP4 tlro em- 14584. <w 00 M a C nVLuLaCre Coetecl-Me, 8,,Mm 3 F -C, UC hr e+e Lvu'a:c6an d Er WMY Medkal Gnus IEUS; %c I, W. 10 M-*m Dab fYle•,Y.fA 4.M :OJ AY pr.pered By aw Jack Cropew P:IrmlpM Pr4r<r bl U Srznaa a:u:a PM Adadei. W— um.- F.W Mewa.rv.e App., -d By ace = Jensen Partkn�ny AWM aw AT.MxeM\Ya seMM P.:Nis.7+a agNx0as 9:s`. AM App—v By Adwkife+xara 8arAa. r >slr.f:na v]e'Mai 1:sa PM Apprw a By Skip Carµ. C.F.W FxliMfs M—e—, Dhno.• DW Adni�suafe W-- Fx4lsles Man.q . SR6TiCl tad PM Appr—d By au:..�aE,wwnp a.rAw Dw Dm E. SunYner. Dkfno: Chnay Mx:.a.r.O eunr.n.1 EMeepnq a.rrif.. KJt•See4 ta.ta AM App—d By LN GxdfiMV AdtiniVa[:x 9.•ykw AdNnaltxet D.v AdeJee.vxM farAUS Ad+Jn'.fbY'v *3fn'iv. M-1n. Mf.•?JDi C. PM App—ed By Px iaknhaW Adr.MCrf =rs laffferf aab Cw.fey Ilbnagrl. 01pv OM V x M.f +.pnmwr. A MAW 4 r:34 AM Appm —d By S. —UMf: amin Manaaer..MRWdaet A^.atyc Dw Chilly Wragefs OSte o: MS::aa.m.nt3dudpM 9flifM te:{e AY App—d By 1f�«xi Smyimnki MonfycmeM 6 6udaK akec<d D.ss Ceutry Mc..a.ff tl!!Sr C.kiei a! Wcaaama.c i SuOaf< MRa]f 1] C4 PM App- -d By .Jinft. Y.Mwid = v.•ntY MV+pM afN BoardMd CwMy yyYW <taa PY -It "It c9 to a co O 0 N ie) O ' N Z�:co EQa- mE cz m a n. m� Q N O N C m m v 0 m N C O ,. U m -Y E U m t0 � 3 C ca cri Ya� m m •— IL `i m W_ w E U C it c°a m=B V OO LL c? m 8� °7 a m 'fl � E m Q W i. C o Lii is = m � C CL W m a d °o q M �t Fr, V N � o V � A � � p00 O D ~ h r b ti A � L O O u O CD C; � Q 0 U ass m ID o c� CD ;Q voyn i U W C t0 U O xi C 3 Wm — �-• W c 0 ulUv c C m cx .o t o m ~ co co ID m O 0 � m m d m co m tu 3 o to Q IL m Q O W m a Q W m a Agenda Item No. 16E5 September 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve the award of Bid #04.3694 in the amount of $233,839.00 for a Construction Contract with Surety Construction Company, Inc. for the remodeling of the Collier County Clerk's MIS office located on the 5th floor of Building F OBJECTIVE: To obtain approval from the Board of County Commissioners to award Construction Contract #04 -3694 to Surety Construction Company, Inc., for the remodeling of the Collier County Clerk's MIS office located on the 5th floor of Building F. CONSIDERATIONS: The remodeling is necessary to increase the functionality of the Clerk's allocated floor area in order to accommodate more employees by removing private offices and utilizing an open floor plan with modular furniture. The Purchasing Department sent out 202 invitations to bid for the remodeling of the Clerk's MIS office. On August 11, 2004 at 2:30 p.m., two sealed bids were opened with the following results: Surety Construction Company, Inc.. $233,839.00 Bradanna, Inc .... ............................... $329,190.00 FISCAL IMPACT: This project was previously approved by the BCC as part of the FY '04 budget process. Funds in the amount of $233,839.00 are available in Facilities Management's 301 account. GROWTH MANAGEMENT IMPACT: This request is consistent with the County© Growth Management Plan and the County ®Master Space Plan. RECOMMENDATIONS: That the Board approve the award of Bid #04 -3694 to Surety Construction Company, Inc. and authorize the Chairman to sign the Contract after review and approval by the County Attorney ®Office. AyenOH It—No lsE5 °yep -fta!!R•220M COLLIER COUNTY Bones oP cwmw co wl"MMEl IMEr NUrM.r 1E:5 BME &onrrorY R—d.0 . h gyrm B10-4 .l' MD 3-m x Ma amcrar! 09 $23 .b d0 k, a C�hu'_1ia Ccdtf<1 E•Sn S'sa:y c x t ii CunV+'+w. x- Ix tx v.. —de6Al d 1tn Cd.z Cmn!y cw,. MIS nEte arAN\! rn Jrn. =.In anv d Bu'Y.kn9 F. Prep..d By DaN B.�P1.vice p:.l.rt MMMt.r 9P.5:�:4<9.19:4E PM AQPMti�4acw S.rvi «. f.d;xe. MM:.p.m.nt Appmv BY 3<w JMn.a: Pirtll.i<nE A1Mrd Dzra• l.:i. lr4a ^elva 5errlm P_•mJ�n9 M6:1C<Y:39 AM Appnved By JM GK Y Pdn Lb Pral.cl M.nsper �.0 /tdNd.VX.M Ee Aya Eatl4YMa MVU9.men1 ilY6T]CS :1'ai Vl App—d By 9:ew Car-si P Na�9rC ral Src. Di.nsr '•�. Ad:vMis_4rve Sarvko PstNpirp Ec16R304 S:M PL Appr.v By —P c—C., M. Eu:Yiaa M.na¢:nerf. Di<Nav Dxe Ad. 4J.trtva 5—.. E.dP;Y. a1MMES — d•2S:YK a:. PM App—d BY Faeanan S.c.•elary Dx. Mary Each adm+r ;x.acM s.rn >. fd+�2waF�. s«.t=.. r'•dr -m. u:s:aua 9:19 PM Approved By Px tela:l+ard A@dn's'.rr'w A<a1sa�S •'a'° cr..lb Manapefs o!p<. aea wMa.ao.nrarrf Budp.t 9rz9.�x<ts �.sM App—" B7 Su.an J.ltar xniel M.n.pern.rM19re6Ga J1:ah.r Dx!e Ce:adY M�xape /. ORS DY..rs at IbnaE�^�n! f HuM4.r ]A:..C< to::E PM Approved By Miclusl swyioa.N Mx:agrrwrd 6 E.d:.i D4xto: Dau eo::r.rY 1a.:.ap.r. D19ee D!5o. w BaeaBOn.�r:t E aw9.t u= s.�9ca 11sx aM Approred By Jsm.a V. 91u40 cc::,ly Man+9ar Das Ba.nSA Ccwr:Y m4aW+e x Crc.1Man+Cra OM <e 9>'J3D:i l:h PM. LO qq- Cl) tua- CD oo r�Cf) C; Z a> .o {L E -00- N O N i+ C H m V w O z 2 m c a E 0 o o � m m • c co tm � 2 y y.! V m � Q U a`LL 8 FL LO U o� d .0 m Cl C M O N m O c o N � ch � OI U m Q w c p o ct G1 3 C O � m a` I`-° 0 W a to). i I I � a a; N Cl l!7 CF) CO rr O N ~ C } } } } } Q o U N U °o 0 0° 0 m 0 o M � u w O q m M as as as 3 p 0 O o r c m t m � e � 3 CL e°i g Q J m _� r+ V -x W p O W V rA m a m o mm m °' a � .. �. z m o O 0 m c d aH m p pq Q CL O E E W p Z m V o m Q c m a W a Agenda Item No. 16116 September 14, 2004 Page 1 of 2 Executive Summary Recommendation to approve a budget amendment to increase appropriations for personnel and operating costs in Fleet Management Fund (521) in the amount of $155,800 ($25,000 for personnel costs and $130,800 for fuel costs). OBJECTIVE: Obtain Board approval of a budget amendment to increase appropriations in Fleet Management Fund (52 1) in the amount of $25,000 for personnel costs and $130,800 for fuel costs, an offsetting decrease of $56,700 in various appropriated operating expenditures and $99,100 in appropriated capital expenditures. CONSIDERATION: Fuel costs were estimated 18 months prior to actual use and changing economic conditions caused an unanticipated dramatic price increase this year. Budget forecasts show funds available to cover these shortages in Fund (521) operating and capital appropriations. Due to wage increases for technical certifications and promotions, Fleet Management's personnel budget had a shortfall for the end of this fiscal year. FISCAL IMPACT: Appropriations in Fleet Management Fund (521) will increase by $25,000 for personnel and $130,800 for fuel costs. Shifting unspent Fleet Management operating and capital appropriations will cover these increases. Revenues will not be affected. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this budget amendment. RECOMMENDATION: That the Board of County Commissioners approves the budget amendment outlined above for Fleet Management Fund (521). A9WId. It.T. W 15E5 Septw -,- !a 2004 FAg. 2 x 2 Approved By COLLIER COUNTY %t:efx�hsre Boom OF COUNTY COMMISSIONERS le.nr Morro. 1EE5 IIArr1 Baw1111ery RAC'mrnenlMirr• M AMWA A w'ri7,i irwn! .I to f:+^,.ox aeS�nl^�auonx fx (Min Je"mwn gavw^xl A�.1 apunrAai c W F FW N ugs^.ery FurA. 521 'e: ine aur_un: G V55 :W --'ft MmapeYa a ti25.DW Ex, -A 4,aAS nit f t:w.a b nei coats, Apple By a t =,. if E'.:xl: R'1 A4 Approved By Nsnspema:rt68ud�a1 .1•Ma Oaa om G,aA �.., Manpwne.A a,w�« earn AMYn..MvSeavlcm FI..r Wnnp.mearl Z4 :eee.:ed rM Approved By GaenAy MAnape Cie un GaMen p:au AbNnsinCVe SarAU. Adminl.rrrnt Casa Aa.ar:.om,<. s..+ir... Aewzwnrvn i«.+ea. Aae,n. srsa•.w.:se RM Approved By %t:efx�hsre A6n1ni�'M /,nzlbb-.t Ca:'e CwnN AbcyAf. J!tic. ONfc +o'N :'nWn»miBUagw Lt 20f+A:5a AY App--W By (Min Je"mwn ?aruA.,.nveud,;w A +tl) Cwe --'ft MmapeYa a ONty w Wnpem.nS t &adGw 3 "1ri.63 A:4b AAI Apple By elOa- 15n<ysaxswl Nsnspema:rt68ud�a1 .1•Ma Oaa GanryK .ayaYa Otto at5uea. W-.ayenxniABUAyn L_•?.fA i:i[131 App—" By J— V, lured GaenAy MAnape Cie Be,ra r. r' -�,ay Gamm3sabnss -w:nry Maneper'e OTrcn sn'Jec s,:a; aM Agenda item No. 16E7 September 14, 2004 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to award a contract for Architectural Services in the amount of $670,000.00 to Victor J. Latavish Architect, PA for the design of the new Sheriff's Special Operations Facility, Contract # 03 -3550. OBJECTIVE: To award Contract #03 -3550, design of the new Sheriff's Special Operations Facility located on leased land at the Naples Airport to Victor J. Latavish, Architect, PA. CONSIDERATIONS: On February 4, 2004, Agenda Item 16E.4, the Board approved the short list for architectural services for the design of the new Sheriff's Special Operations Facility and authorized staff to negotiate a Professional Services Agreement with the top ranked firm, Victor J. Latavish, Architect, PA. The total fee negotiated for design services for a 33,000 sq. ft. facility to house the Sheriff's Special Operations Facility is $670,000, which is 8.9% of the estimated Project Budget of $7,542,500. This fee is for a complete design including all engineering and site permitting as well as construction administration. FISCAL IMPACT: Funds of $529,000 are available for design and currently budgeted in the FY `04 Capital Projects Budget (301). The funds necessary for the complete design is $670,000, which necessitates splitting the design into two phases. Phase One, pre - construction services, will be funded immediately and when construction funds become available, Phase Two, construction services, will be funded. '~ Design Phase One: $476,795.00 Design Phase Two: $193.205.00 Total $670,000.00 GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATIONS: That the Board award Contract # 03 -3550, Phase One immediately and Phase Two when construction funds become available and authorize the Chairman to sign an agreement after review by the County Attorney's Office. Ag—ft Item No 56E7 SepW&t 7 -. 2CW FSge 2 a 2 COLLIER COUNTY BOA% OF COUNTY CO— SSBONERS It.m NtrtO.r tie? Ilaw StNe —Y Racx:mmdMirvr S670X0,'W h V-1r .Ea:a.}ah.Vt!tikcl , pA Fr Teu:sy:: ol:h. en aU.n Ts Spy. f:µeElera . E�n'i, M..J M «BNH Oaa Prepared By Ja ettynak PyMWIPrefect Manager 3SR3C<53:)E): Pk A+t:dNS -:uvc X:sicaa irl'�tica M.naKmaM App-Y By Shit: ta.^.P.GF. M_ Fa:.'F�iea ManaK:n4n:IX:.c<t� ��A dmlrJ.trX.vaSmicea Fatl4i.. Nanagment !.]6'.x la'PM Appnved BY Xn!er � rMa.i+q anA E.entra:n �x:a Kalaa)'We+d AKnt /:d.. i %a: WK Earliu P'u<N +rv9 L�:'T?E1 :E'I! aM Appn.ed By H!.v. t�-..a p•rche.:npKrn«>t s.:a Bz.n.r .•aa Ad:e:iniaea:vaHmkaa P:%tx:tq 9�1130.:a 9::e AM Appneed By ..e -GUden Pdu AMh: +traits SeMOas AdrinMrata: .+"a Ad:M:dalaKw +Ser.ius Admka�.tal.e Xnkes Ad:::in 7r•:OE4e:a:: AY Appn.ed By prt:e%:hM Ad.Ini:rrr4 Aaaistara '� C.ca+.e Manaya ?a O!tica G!5u e! Ma- .aAa:!»ni 8 HuJpet Y: Ttr]a H::E AM AppnY By Susan itstx .".anbr Wnap. 9utl4at HaiYat +=a Cn::Ny ht+n +?rs des SX=u of M.nagamem6 R+:ripat rt!iE:s }:EB GY App-d By rLC *asiSry rNYI ManaKmnrtE HUdE.t p4e<fer DYn Apprva.e By Jenan Y. Mudd tm'nlf Man4Kr �° Boar6 %CCnniY taamixaianr.. to::nty rdavpah Ofiu S�Ji3tr'M 1::4 W. Agenda Item No. 16E8 September 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to Approve Contracts for RFP 04 -3614 "Fixed Term Landscape Architectural Services." (Dollar amount of contract estimated at $600,000 annually) OBJECTIVE: To receive approval of contracts with eight firms to provide professional services related to Architectural Landscaping Services for Collier County under assigned work orders. CONSIDERATIONS: A Request for Proposal was issued for the purpose of establishing a contract with firms capable of providing professional Architectural Landscaping services to the County in a cost effective and efficient manner. This was a solicitation to replace contract # 00 -3131 for the same type of services. The Request for Proposal (RFP) was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on January 23, 2004. Notices were sent to 52 firms and responses were received from eighteen firms by the due date of March 4, 2004. A Selection Committee meeting was held on March 24, 2004, and after review, scoring and discussion of the proposals, by consensus of the members, the following eight firms were selected for the short list. (in no order) 1. McGee & Associates r 2. A. Gail Boorman & Associates 3. J. Roland Lieber, Landscape Architects 4. Wilson Miller 5. Mary Ellen Rand, RLA- Landscape Architectural Services 6. Goetz & Stropes Landscape Architects Inc. 7. Outside Productions, Inc. 8. IBIS A contract has been successfully negotiated with the each of the short listed firms using a standard hourly fee schedule for each firm. Staff has found that this works to ensure fair allocation of work as well as streamlining the payment process for the Finance department since all firms are bound by the same rates. FISCAL IMPACT: Funds for each work order will come from each individual user department. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the ranking of these firms. RECOMMENDATION: the eight firms; and (2) contracts. That the Board of County Commissioners; (1) Approve the contracts with Authorize the Chairman to sign the standard, County Attorney approved Agenda Item No. 16E8 September 14, 2004 Page 2of3 Artenda :tone �ro ISEB Face 3 N ? COLLIER COUNTY BOARD OE COUNTY COMMFSSIONERS lyrn NumU�r t:i_3 Ilom Summary Revmmerd�Wun b.l'M a..:v:t ..fx h k�C'Ji:;ite -=istl Te..., taq�.cµ NUile:l+a�: 4rnxi' r:: Ma- x- �v .1�?rrnl- r_tacin:::�lNYY}I.GiJ .n-..� .> MaalNq Oro 4'1Y:d'U> B= ). =.(K� :M hep.red By Oaa Y..ri. e. Kati aerXrm and M T— Yod.a p - l -wYe� ) �LT.0 9:St:YS AY trarnpeNO: Serric.a -rsmc pyerKCnti Atil App—a Bt SF.a+en IG..na- >7 ba-S.vto> Acco::ndl�bo� o. pay 'an >po:1r_cnAMF.ishatlon l::SRti ![:ei pY Appn a By Stm Came£ P'.cnas:n� rera:9y:l Pre. -c: Dxe Adadr_rt�ls Servi:rza �rcM1a.�ni i130.TY11.ci pY App—a By 'Jiang B. Fla1y spd.lo- ben.ec.s ;ramc UpseYJCm and AN Iran. Yo Ws pl: aclo• ''Hrs :rsmc Uper�cna: AIM L:Rd:c i>:a6 AN AppnvN BY pe -a# L Sc.A: .rmaie�tarnn iaxirx Cvaete. peai a- benice. ran.pcia•:cn Ya -nNi Sn!3D:i H: fb AV App.,, By p„:ay.,nar Ce::nty Ya -aper. p.'!:ee Utlre e• Ya.- rsMme:rt b s Tae 3tt ;'o^a tz:30 pY App- By Rain Ji-na<vi lhnay<mcnt•Budda Nile: pa:e Cx Ya- e. Ya-agar. sr.. b 6'vage! 1•flip].t !: 4 .B Appn By Wc.r13 -y.owY Manzq.memteud�ee pixio- pay =xaely Yana�aOfY.�. a'N :.aie�n.Y.d J_ -iiet AT!iYA tt:4 AY Approved By Jamaa 1..'.� .e::..ry -n—, pay Bea.il o: C—ty Co-M1.r.'.aier.n -o-M' Ma:apara ONiea i'3?tr)a t::i i1! Agenda Item No. 16E9 September 14, 2004 Page 1 of 8 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 April 1, 2004 through June 30, 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 !tern No. 16E9 September 14, 2004 Page 2 of 8 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. AgW4a 1te!!; No ISE9 Sepl& -!!mt 1#, 2004 3 page of 3 Approved By COLLIER COUNTY Pal Lel -hard BoA OF COUNTY COMMISSIONERS Da[r Bem N[aMae 16E9 tit.'=dGt 52:!? PM 11nn Sbnrnry Rl- - A:a'.M' I�1' ^�i. f .nty. WakWS' �.cmxn-,a!ar. anc ✓:M.V +lia: (�wrne s ,w Cy t+a Rixl lAarr2-1 Gi m-:Lvig the pn'iH A.P. t 2: Ih!..P }m W. '•"°.. 11Y.� yr:n:air r, f!a »d— t 2IN -15. C1u a' Ma. -apmrM d Ha!iyat M"tmg Dab a' m M! Aepnred By 9GOSel Smyiw.v! C.. 9M!ea Medu.fl!a RW Nta^a:a, Wli d tG:5::i9 AM AtNMa�a1:w_ Saivlcw ftbl Ma^agenwl:: Approved By App.," By ]a�wsY. MUdd JaP.:eYA WVII. «. 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LL y L Ol m E m O m 0) . a) w m C C H O) 7 y E C C N 7 O) 0) - 1 L L L ° 0) 0) m N O Y d Q C7 = m Y¢ W (n d (n LL¢ F- ¢ O U P J J U J m M (D M M M M Q) O Q) .- N 0 0 V r (D O M O V U') (D CO O (n (0 0 co to (D N r N 0 (D co Co U7 O 1n co N LO N N M a) ry N •Q (O O 00 O O M (M M O (O r 00 rMN 0 000 U) 0 CA (D M O r r r O O) 00 0 0 0 0 0 0 M (D O M N CN CN 00 co N O N La. 0) 0 V m co (D rnm(Da)cornrnco0ov co co N N N N N N N N N N N N ¢ J` N N N N N N N N N N N N N O N N N U M v 0 N U m m rn .N O Ci U) N c a) E N r a) 0 Agenda Item No. 16E10 September 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve the award of Bid #04 -3658 in the amount of $376,000.00 for a Construction Contract with EHC, Inc. for the remodeling of the Collier County Medical Examiner's Facility. OBJECTIVE: To obtain approval from the Board of County Commissioners to award Construction Contract #04 -3658 to EHC, Inc., for the remodeling of the Collier County Medical Examiner's Facility at 3838 Domestic Avenue, Naples, Florida. CONSIDERATIONS: The air quality and autopsy room odor problems at the Medical Examiner's Facility could not be corrected without major renovations to the heat, ventilation, and air - conditioning (HVAC) system. This involves doubling the fresh air supply and adding Cosatron electrostatic filters to remove the odor causing particles from the air stream. Additional methods to prevent odor infiltration are also being built into the remodeled system including air curtains and vestibules. The Purchasing Department sent out 197 invitations to bid for the Remodeling of the Medical Examiner's Facility. On July 14, 2004 at 2:30 p.m., four sealed bids were opened with the following results: EHC, Inc ........... ............................... $376,000.00 Vanderbilt Bay Construction, Inc...... $418,800.00 Bradanna, Inc .... ............................... $423,000.00 Costal Construction Management.... $462,000.00 FISCAL IMPACT: The total contract award for EHC, Inc is $376,000. Also needed is an allowance of 15% or $56,400 for unforeseen events with this project, for a total project budget of $432,400. The available budget remaining in Project 521621 in fiscal year 2004 is $249,000 with the balance of $183,400 to come from Reroofing Project (521611) budgeted in fiscal year 2005. The purchase order to EHC, Inc will be opened in fiscal year 2005. The Source of funding will come from Ad Valorem. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan and the County's Master Space Plan. RECOMMENDATIONS: That the Board approve the award of Bid #04 -3658 to EHC, Inc., and authorize the Chairman to sign the Contract after review and approval by the County Attorney's Office. r Agenda !ten: N0 16EIC Septer,k., 14. 2004 page 2.13 COLLIER COUNTY BOA!E OF COUHi COMMISSIONERS Ilorrl NteeWr 1wtC m— SaM y Rac'vnmurdriwa� in r{tir" pia a..xG p1 UIC A;N- ,Li!x: i_ IAe rrror+'. a S3' %5 [I. "l to -mO EN:.. IM Cr..nty a1iMJUF liamex+'x i�rAHr. m—wv Dab w.—XI p:DO1A Aar. Jaek Cro— Prc'Ner Manages Y[Cil:(�9:93:58 AM A3. inic+ rn. SnvNea ixllsin M.enapemem App—v By SAf ea^9. C.i.M. Fa.Aiaia Brw9amen: Di: evYn• Date AQrzlnb�.atva3mice. a:iitiea ManaAamem AR4.CAa t: t:9M Approved By S<a.�Ja+nrm P,:rcAS:ry A9em Da:e M.nkrrnaGVe SerArn. xi:np 6i62C93 t00.. AY App— By S.ew Ca:x9 P.:r:Ax:np�3merai3xe Dieaw Oaa ArtMnis_'t.-.c Servkoa P +-he.::q b1RWJ p:yJ' AY Approved By Led OcIMn P:iu SerNCax .AdMraNak.a Sanl:xs AJn'in %:rxo: Ad�:ln:.i -v!�ve 4eM<e: .aMAn. DNa N!'�a= �M1t:+3 AM A6mm.Mva Approved By Ahni ua+aa 0,a Pu t.r.,nrr ewny r. -ra+'• 0!r -.rxw .�.rsr., oe r:.,¢a�r„�n: n e�a9« a.na a t::sa px Appoved By autm Ui +e• S.nbr Almagemem_9_�KAa!ysr .xe eo_nry errna9.r; o!r-:: orr.e a acw,:....::3 B::xm Snnp9e ss::a AN App—d By Yic"ael Sryae.raAi rl.nrgem rr.38W9ar Di— Dre = y.:rtly Ny- .ayara � a O%M1re c' M '.+9c+r +n' a &-1ga +w1�FaC311:o: PN Approved By J7r.ae 9_M�dd .e;:nH M, -awr 0c. so,ra oe a -:my eo-,�- i..lm.+a ..wnty M,:xart orp_a anlzo-te S:s PN o 't m %/co co 0 0) E CU fE e cn Em §_ k ° ( m cm (D k o ��k ®w 022 % aLL 2 a Em 2 a U- (D k w d ? ° 6 k cr) f # o $ 3 � @ k 4 2 � ± ƒ m © m 2 / § o a k f m ■ IL 2 a k ? ° R © C E 7 W » » » \ � b _G ■ C> $ ■ J 8 a d o 0 % 2 0 » » » A q ƒ / w 6 E o § e a d § g C A 7 @ y* W cli k _ m a CD q k Co cp o cj b E § B � k k k 0 k 2 0 R ■ = m w k§ � o t a g 8 2 / co k / ° Z .. © - / # t 2 ƒ tu § U �2ul a O -1 0 2 . oC E k C � O . 2 a Agenda Item No. 16F1 September 14, 2004 Page 1 of 132 Executive Summaries in the Boards absence a. Recommendation to increase a grant agreement with the U.S. Fish and Wildlife Service for the treatment of invasive exotic plants by $50,000. The new total amount will now be $100,000. b. Recommendation to approve the budget amendment associated with Florida Department of Environmental Protection (FDEP) Contract No. GC623 for contract administration and remediation services for the clean up of petroleum - contaminated sites throughout Collier County in the amount of $99,600. C. Recommendation to award Bid #04 -3699 - "Copying the Agenda for Collier County Board of Commissioners" in the estimated annual amount of $45,000. d. Recommendation to Accept the Ford Fleet Test Bailment Contract Which Provides for the Use of a Vehicle to Transport Veterans to VA Medical Appointments. e. Recommendation to approve a budget amendment establishing a new operating fund for the Law Library. f. Recommendation to approve additions to and deletions from the 2004 Fiscal Year Pay and Classification Plan made from July 12, 2004 through July 30, 2004. g. Request Board approval of a correction to a previous executive summary misstating the contribution from the Collier County Sheriffs Office for a project to enhance the coverage of the public safety radio system inside school buildings. h. Authorize the making of an Offer of Judgment to Respondent, Nellie Whitehurst, for Parcel No. 153 in the amount of $38,500.00 in the lawsuit styled Collier County v. John Frank Sudal, et al., Case No. 02- 5168-CA (Immokalee Road Project No. 60018). To designate the Sheriff as the official applicant for fiscal year 2004 Law Enforcement and Service Provider Multidisciplinary Anti - Trafficking Task Forces Grant funds. Approval of Budget Amendment Report. k. Approval of Budget Amendment Report. Agenda Item No. 16F1 September 14, 2004 Page 2 of 132 I. Recommendation to establish the FY04 budget for the Conservation Collier Land Management Trust Fund by transferring $1,664,100 from the Conservation Collier Land Acquisition Trust Fund consistent with the requirements of the Ordinance 2002 -63 that implements the Conservation Collier Program. M. Approval of Budget Amendment. n. Recommendation to approve a budget amendment to transfer funds for Personal Services among various Public Utilities cost centers in the amount of $188,900 and from Reserve for Contingencies in the amount of $140,000 for a total of $328,900. o. Approve a Budget Amendment to transfer funds from Pelican Bay Services Division Uninsured Asset Fund Reserves to Operating. p. Recommendation to approve a Bare License Agreement with Bay West Nursery, Inc. for the placement of a sign within old U.S. 41 right - of -way for annual revenue of $100. q. Recommendation to approve Work Order HS- FT -04 -05 per RFP 00- �"` 3119 for utility engineering services to interconnect the Tamiami and Hawthorn Wellfields up to an amount not exceed $159,970; Project 710061. r. Recommendation That The Board Of County Commissioners Approve An Addendum To Contract With Municipal Code Corporation For Additional Services For The Code Of Laws And Ordinances And Publication Of The County's Land Development Code And Approve The Necessary Budget Amendments. S. Recommendation to approve a Budget Amendment reallocating personnel services dollars within the Information Technology Department cost centers. t. Recommendation that the Board of County Commissioners authorize expenditure in the amount of $16,039.41 to Internal Revenue Service for interest and penalty fees for late tax filing in March 2003. U. Recommendation to approve the Memorandum of Understanding with Waste Management Inc. of Florida to load, transport and dispose of municipal solid waste from the Immokalee Landfill to the Okeechobee Landfill. Agenda Item No. 16F1 September 14, 2004 Page 3 of 132 V. Recommendation to have the Collier County Board of County Commissioners authorize a $40,000 Budget Amendment transferring funds from the Community Development and Environmental Services' Planning Fund 131 Reserves to the Engineering Services Department — Personal Services appropriation unit. Agenda Item No. 16F1 September 14, 2004 Agenda Item NoP4WA W 132 September 14, 2004 Page 1 of 20 EXECUTIVE SUMMARY Recommendation to authorize the chairman to sign a modification to an agreement with the U.S. Fish and Wildlife Service increasing funding by $50,000. OBJECTIVE: To have the Board of County Commissioners authorize the Chairman to sign the grant modification with the U.S. Fish and Wildlife Service ( USFWS) to provide an additional $50,000 in grant funds for the removal of invasive exotic vegetation from County Road 92 and US 41. CONSIDERATION: The USFWS has offered Collier County an additional $50,000 through the Partners for Wildlife Program. The funds will be used to remove invasive exotic vegetation from County lands bordering preserve areas of the 10,000 Islands National Wildlife Refuge, Picayune Strand State Forest, and Collier Seminole State 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 of the cooperating agencies. FISCAL UYIPACT: Collier County will receive an additional $50,000 in reimbursable USFWS funds. This will increase the total grant amount to $100,000. This is a 100% reimbursement grant and no matching funds are required. This modification was not incorporated into current FY04 budget. A budget amendment will be processed to reflect the increased revenues and expenses within the Natural Resources Grants Fund 117. 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: That the Board of County Commissioners authorize the Chairman to sign the U.S. Fish and Wildlife Service Partners grant modification increasing the agreement by $50,000 to a total of $100,000 and to approve the necessary budget amendments. Agenda Item No, 16F1 September 14, 2004 Agenda Item No. 1a 5 of 132 COLLIER COUNTY September 14, 200-4 Page 2 of 20 BOARD OF COUNTY COMMISSIONERS Item Number 16F1A Item Summary Recommendation to increase a grant agreement with the U.S. Fish and Wildlife Service for the treatment of invasive exotic plants by $50,000. The new total amount will now be $100,000. Meeting Date 8/10/2004 9:00:00 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 7/30/2004 8:47 AM Environmental Services Environmental Services Admin. Approved By Community Development & Date Joseph K. Schmitt Environmental Services Adminstrator Community Development & Community Development & 8/1/2004 7:36 PM Environmental Services Environmental Services Admin. Approved By William D. Lorenz, Jr., P.E. Environmental Services Director Date Community Development & Environmental Services 8/412004 5:25 PM Environmental Services Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 815/2004 4:31 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 8/5/2004 4:49 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 8/9/2004 2:49 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 819/2004 4:32 PM Commissioners Agenda Item No. 16F1 September 14, 2004 Agenda Item NoPlaFl8f 132 September 14, 2004 AGREEMENT NO: 40181- 3 -G244 Page 3 of 20 CHARGE CODE: 41555 - 1261 -4CIW (FY04) AMOUNT: $50,000.00 TIN: 59- 6000558 DUNS NO: 07- 699 -7790 MODIFICATION NO. 1 To CHALLENGE COST SHARE AGREEMENT Between UNITED STATES DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE And COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS /• BUREAU OF INVASIVE PLANT MANAGEMENT STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Me COLLIER SEMINOLE STATE PARK STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION The purpose of this modification is to augment funding with an additional $50,000.00. The total amount of this award amount for this grant agreement is increased from $50,000.00 to $100,000.00 to reflect this modification. 1. This funding will be used by Collier County Environmental Services Department to enlist contract services to treat invasive exotic plants as addressed in Attachment 1. The additional $50,000 will cover contract service in Areas 6, 8, and 9 (Attachment 2). All other terms and conditions remain the same. SIGNATURE PAGE FOLLOWS - MODIFICATION NO. 1 AGREEMENT NO: 40181-3 - G244 U.S. DEPARTMENT OF THE INTERIOR OF FISH AND WILDLIFE SERVICE BY: TITLE: DATE: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU INVASIVE PLANT MANAGEMENT BY: TITLE: DATE: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION COLLIER SEMINOLE STATE PARK BY: TITLE: DATE: MODIFICATION NO. 1 AGREEMENT NO: 40181- 3 -G244 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST; Agenda Item No. 16F1 September 14, 2004 Agenda Item No?49n gf 132 September 14, 2004 Page 4 of 20 DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. By: -O� Deputy Clerk By: � DONNA FIALA, Ch ' an Approved at to form Ondi leaal sufficiency. ti Tom Palmer Assistant County Attorney ATTEST: CCSA SUFFICIENCY REVIEW r M Contracting Officer, FWS DATE: 2 Agenda Item No. 16F1 September 14, 2004 Agenda Item No?4wq9f 132 September 14, 2004 EXECUTIVE SUMMARY Page 5 of 20 AUTHORIZE THE CHAIRMAN TO SIGN A $50,000 REIMBURSIBLE GRANT AGREEMENT WITH THE U.S. FISH AND WILDLIFE SERVICE FOR FUNDING EXOTIC VEGETATION REMOVAL ON COUNTY ROAD 92 AND US41. OBJECTIVE: To have the Board of County Commissioners authorize the Chairman to sign a grant agreement with the J.S. Fish and Wildlife Service (USFWS) to provide $50,000 in grant funds for the removal of invasive exotic vegetation from County Road 92 and US 41. CONSIDERATION: The USFWS has offered Collier County a $50,000 grant for FY02 /03- FY04 /05 through the Partners for Wildlife Program. The funds will be used to remove invasive exotic vegetation from County lands bordering preserve areas of the 10,000 Islands National Wildlife Refuge, Picayune Strand State Forest, and Collier Seminole State 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 of the cooperating agencies. FISCAL IMPACT: Collier County will receive 550,000 in reimbursable USFWS funds. This is a 100% reimbursement grant and no matching funds are required. This proposal was not incorporated into current FY03 budget, the Natural Resources Grants Fund 117 will need to be amended to reflect the increased revenues and expenses associated with this grant award. 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: That the Board of County Commissioners authorize the Chairman to sign the U.S. Fish and Wildlife Service Partners grant agreement for $50,000 and approve the necessary budget amendments. Agenda Item No. 16F1 September 14, 2004 Agenda Item No?4ff:q gf 132 September 14, 2004 Page 6 of 20 CHALLENGE COST -SHARE AGREEMENT Challenge Cost -Share Agreement Number: FY -03- Fund Source: 41545 - 1261 - Challenge (Subactivity) Service Amount: S50,000-00 Cooperator Amount: $50,080.00 CHALLENGE COST -SHARE AGREEMENT BETWEEN TEN THOUSAND ISLANDS NATIONAL WILDLIFE REFUGE U.S. FISH AND WILDLIFE SERVICE AND COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND BUREAU OF INVASIVE PLANT MANAGEMENT STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND COLLIER SEMINOLE STATE PARK STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION I. PURPOSE AND AUTHORITY - This Challenge Cost -Share Agreement between the Ten Thousand Islands National Wildlife Refuge, U.S. Fish and Wildlife Service, hereafter referred to as the `Service ", Collier County Board of County Commissioners, the Bureau of Invasive Plant Management, Florida Department of Environmental Protection, and Collier Seminole State Park, hereafter referred to as the "Cooperators" is hereby entered into under authority of the U.S. Fish and Wildlife Coordination Act 16 U.S.C. 661 -667, and the provisions of the Interior and Related Agencies Appropriations Act, Pub. Law 108 -7 (143 /41611). The purpose of this agreement is to facilitate the eradication of invasive exotic plant species from lands managed by the Service and the Cooperators in Southwest Florida. II. SCOPE OF WORK - For the period hereinafter set forth, the Cooperator(s) and the Service will provide the necessary personnel, materials, services, funds and otherwise perform all things necessary for, or incidental to, the performance of this cost -share agreement. Specifically the parties to this agreement will: A. Provide a Description of Work/Objectives by each party. Contributions will be made by county, state, and federal cooperators. Agenda Item No. 16F1 September 14, 2004 Agenda Item N &aJJ5Fq of 132 September 14, 2004 Page 7 of 20 This project is being undertaken as Phase II of the "Ten Thousand Islands National Wildlife Refuge Wetland Project" (Attachment 1). A description of the project's treatment areas and site specific treatment plans was developed to further clarify the scope of the project (Attachment 3). Phase I of the project was completed on April 14, 2003, and included treatment of invasive exotic plants along portions of CR 92 and US41 by the Cooperators, in conjunction with the Florida Department of Corrections. The Service's share of this grant ($50,000) will be used to fund the contract services to remove invasive exotic plants from the target sites identifier) by the Cooperators and the Service. The Service will transfer $50,000 to Collier County to administer a contract to remove invasive exotic plant species on lands specified by the Cooperators. They will assist with follow -up removal of invasive exotic plants from the site(s) for a period of no less than 5 years. Collier County will be allocated $50,000, and will administer the contracting services, to remove invasive exotic plants from the project area (Attachment 2). They will obtain necessary permits for the project and will monitor the contract services with assistance from the Service and Collier Seminole State Park. They will assist with follow -up removal of invasive exotic plants from the site(s) for a period of no less than 5 years. Collier County has contributed in -kind services of $3,400 towards the completion of Phase I of the project and will contribute additional in -kind services valued at $3,360 toward the completion of Phase II. Other Contributors: Collier Seminole State Park will assist with monitoring the contract services for this project on lands adjacent to their property, which is valued at $2,500. During phase I of the project they provided valuable equipment storage, valued at $400. They will continue to provide a staging area for the Cooperators and the contractors to facilitate Phase Il of this project, valued at $400. They will assist with follow -up removal of invasive exotic plants from the site(s) adjacent to their property for a period of no less than 5 years. The Bureau of Invasive Plant Management, Florida Department of Environmental Protection (DEP) provider) 15 gallons of herbicide for completion of Phase I of this project, valued at $1,860. The DEP may provide an additional 15 gallons of herbicide for Phase Il of this project, which would be valued at $1,860. Florida Department of Corrections completed the removal of invasive exotics on Phase I of the project during the period from February 11 to April 14, 2003. The services they provided are valued at $28,300 (Attachment 3). Lee County Parks and Recreation contributed the use of their chipper to the completion of Phase I of the project. The contribution of the chipper is valued at $4,000.00 Fakahatchee Strand State Preserve contributed to the completion of Phase I by providing a driver and a vehicle to transport the chipper during the project. The contribution of this service is 2 Agenda Item No. 16F1 September 14, 2004 Agenda Item NO M10 1 Af 132 September 14, 2004 Page 8 of 20 valued at $4,000. B. Provide the Reporting RNuirement/Distribution - Specify type of reports if required, number of copies, due dates and distribution. The Cooperators and the Service will develop a project plan and a map which delineates the area where the contractors have removed the invasive exotic species in Phase 1 and Phase 11 of this project. They will also prepare an itemization of the in -kind services and expenses associated with both Phase 1 and Phase II of the project. This report will be submitted to the Service and to the Cooperators no later than July 1, 2005. C. Provide Other Deliverables of Performance Criteria. None. III. FINANCIAL ADMINISTRATION - The Cooperator(s) will provide $50,080 (materials, products, or in -kind services) for Phase I and Phase ll of this project and the Service will provide $50,000. The total project cost is $100,080. Collier County will request proposals and administer the contract services to remove invasive exotics from the project area (Attachments 1, 2 & 4). The Service will transfer funds to Collier County on a cost reimbursement basis for an amount not to exceed $50,000. Invoices for reimbursement shall be submitted following successful completion of the project as described in Attachments 4. The total amount of the contract will be $50,000. Collier County will be responsible for administration of the contract. Collier County is not responsible for compliance of the other cooperating agencies and organizations with the conditions of the contract. IV. SPECIAL PROVISIONS - The following Special Provisions apply to this agreement: A. The scope of work and terms of the agreement may be modified at any time by mutual consent of the signatory parties. B. The U.S. Fish and Wildlife Service General Provisions for Grants and Cooperative Agreements, dated September 1993, are applicable to the Cost -Share Agreement and are hereby incorporated by reference; or Chapter 43, Part 12 of the Code of Federal Regulations apply and is incorporated by reference. C. The parties to this agreement agree to be responsible for damages to their own property and injuries to their own employees /volunteers, except for damages /injuries resulting from the fault or negligence of the other party. Any claim for damages to property or persons made against the Government will be pursued in accordance with the provision of the Federal Tort Claims Act. D. The Cooperator(s) shall give the Service, the Comptroller General, or any other auditor selected by the Service, through any authorized representative, access to and the right to examine all books, papers, or documents related to the award. 3 Agenda item No. 16F1 September 14, 2004 Agenda Item N&9 Raf 132 September 14, 2004 Page 9 of 20 E. The Cooperator(s) shall comply with all Federal statutes relating to nondiscrimination. These included but are not limited to Title VI of the Civil Rights Act of 1964 which prohibits discrimination on the basis of race, color, handicap, or national origin. F. No member of, or Delegate to, Congress shall be admitted to any share or part of this agreement, or any benefits that may arise therefrom; but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. G. The Cooperator(s) shall obtain the prior review and approval of the Service for all printed and other informational materials distributed to the public by the Cooperator in connection with this agreement. V. PROJECT OFFICERS - Project Officers, for the purpose of administering this agreement, including the receiving and reviewing of reports, are: For the Service: Layne L. Hamilton Project Leader U.S. Fish and Wildlife Service 3860 Tollgate Blvd., Suite 300 Naples, Florida 34114 (239)353 -8442 ext. 227 Terry J. Doyle Wildlife Biologist Ten Thousand Islands National Wildlife Refuge U.S. Fish and Wildlife Service 3860 Tollgate Blvd., Suite 300 Naples, Florida 34114 (239)353 -8442 ext. 228 For the Cooperators: Doug Suitor Senior Environmental Specialist Collier County Environmental Services Department 2800 North Horseshoe Drive Naples, Florida 34104 (239)732 -2505 Melissa Hennig Environmental Specialist Collier County Environmental Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Agenda Item No. 16171 September 14, 2004 Agenda Item N&916pgaf 132 September 14, 2004 Page 10 of 20 (239)732 -2505 Joe Howard Park Manager Collier Seminole State Park 20200 E. Tamiami Trail Naples, Florida 34114 (239) 394 -3397 Greg Jubinsky Bureau of Invasive Plant Management Department of Environmental Protection State of Florida 3915 Commonwealth Blvd, MS 710 Tallahassee, Florida 32399 -3000 (850)487 -2600 PERIOD OF AGREEMENT - This Challenge Cost -Share Agreement will be effective upon signatures by all parties and will continue in effect until July 1, 2005. It may be modified, extended, or terminated at any time by any party by giving 30 days written notice or by mutual agreement of the parties. VI. CERTIFICATION ADDENDUM - By signature below, the Cooperator(s) affirm that no less than 50 percent of the total cost of this project will be contributed by the Cooperator(s) and that no portion of their contribution is of Federal origin. Cost share values can be derived from labor, in -kind services, material, equipment, land, water, and/or cash. VII. ATTACHMENTS 1. Ten Thousand Islands National Wildlife Refuge Wetland Project 2. Project Description and Map - US41 and CR92 Invasive Exotic Removal Project 3. Letter- April 22, 2003 to Florida Department of Corrections 4. Scope of Services 5. Land Development Code Section 3.9.6.6 Agenda Item No. 16F1 September 14, 2004 Agenda Item N8aMM at 132 September 14, 2004 Page 11 of 20 IN WITNESS WHEREOF, the parities have executed the Agreement as of the last date written below. U.S. FISH AND WILDLIFE SERVICE BY: ��"� DATE: ,Y" S -G3 Lye L. Hamilton, Project Leader U.S. Fish and Wildlife Service COLLIER COUNTY BOARD OF COUNTY CONLNIISSIONERS ATTEST DWIGHT E. BROCK, Clerk By=: bC DeJ ' k u C] r tt st -a3- man's Approved as io forrn and legal sufficiency: By. jov Ao=-sPaA&r1 Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM IIENNING, Chairman 1.29.03 OTHER COOPERATORS FOR CURRENT SCOPE OF WORK: M F-W Joe Howard, Park Manager Collier Seminole State Park Greg Jubinsky Department of Invasive Plant Management Florida Department of Environmental Protection ATTEST: DATE: DATE: Agenda Item No. 16F1 September 14, 2004 Agenda Item N&1110:191 132 September 14, 2004 Page 12 of 20 Agenda Item No. 16F1 September 14, 2004 Agenda Item N8P915Fq gf 132 September 14, 2004 Page 13 of 20 Attachment 4 SCOPE OF SERVICES Removal of the vegetation shall comply with restrictions included in section 3.9.6.6. Requirement for removal of prohibited exotic vegetation (Attachment 5). 2. The project area will include all County right of ways on County Road 92 from US 41 to the Goodland Bridge, as shown on attachment 3, Project Description, 3. The exotic vegetation will be cut and treated with an appropriately labeled herbicide. Debris shall be removed to the County Landfill. 4. The site will be inspected by the Service and County prior to approval of contractor payment. Agenda Item No. 16F1 September 14, 2004 Agenda Item NBaM 911 s2 September 14, 2004 Page 14 of 20 Attachment 1 Wetland Project Ten Thousand Islands National Wildlife Refuge US 41 AND CR 92 INVASIVE EXOTIC REMOVAL PROJECT Area 1: Right of Ways (ROW's) on both sides of CR 92 from US 41 to Curcie Road. Description: 1.8 miles of roadway with a single row of Brazilian pepper (Schinus terebinthifolius), and scattered earleaf acacia (Acacia auriculiformis) and lead tree (Leucaena leucocephala), growing along the canal banks on both sides of the road. The first mile of CR 92, south of US 41, has one 500 foot section of 50% exotic density, with the rest of the remainder having less than 5% exotic density. The exotic density is about 50% along the remaining 0.8 mile. (Approximately 4 total acres of exotic vegetation). Treatment Plan: Contractor cut, treat, chip and remove from site if observable from roadway. Otherwise, treat in place with basal bark or foliar. Contract facilitated by Collier County Environmental Services Department (CCESD) staff. Work supervised by CCESD and Collier Seminole State Park (CSSP) staff. TO BE COMPLETED DURING PHASE H Area 2: Both sides of Curcie Road forming the boundary of CSSP and Ten Thousand Islands National Wildlife Refuge (TTINWR) intersecting CR 92. Description: 0.1 mile of roadway with 25 feet deep and 1 mile of berm, 75 % -90% dense Brazilian pepper along both sides of the road. (Approximately 4 total acres of exotic vegetation). Treatment Plan: Florida Department of Corrections (DOC) crew cut, treated and chipped exotics. Supervised by Fakahatchee Strand State Preserve (FSSP), TTINWR, and CCESD staff. COMPLETED DURING PHASE I Area 3: Right of Ways (ROW's) on west side of CR 92 from Curcie Road to boundary of TTINWR and Rookery Bay National Estuarine Research Reserve (RBNERR). Description: 1.1 miles of roadway with a single row of Brazilian pepper, and scattered earleaf acacia and lead tree, growing along the canal banks. The exotic density is about 50% (Approximately 1.5 total acres of exotic vegetation). Treatment Plan: DOC crew cut, treated, chipped and removed from site along the northern 0.4 miles and basal bark treated along the next 0.7 miles. Contractor will retreat the 0.7 miles of basal bark treatment by cutting, treating, chipping, and removing from site if observable from the roadway. Otherwise, treat in place with basal bark or foliar. Supervised by FSSP, TTINWR and CCESD staff. 1.1 MILES COMPLETED DURING PHASE I; 0.7 MILES TO BE RETREATED DURING PHASE II Agenda Item No, 16F1 September 14, 2004 Agenda Item N &316lgat 132 September 14, 2004 Page 15 of 20 Area 4: Right of Ways (ROW'S) on west side of CR 92 from boundary of ITFNWRIRBNERR to Goodland bridge. Description: 3.1 miles of roadway with a single row of Brazilian pepper, and scattered earleaf acacia and lead tree, growing along the canal banks. There is a particularly dense patch of exotics at the southern end of this area. The exotic density is about 50% (Approximately 4.5 total acres of exotic vegetation). Treatment Plan: DOC crew basal bark treated the northern 0.7 miles and cut, treated, chipped and removed from site along the next 0.2 miles. Contractor will initially treat the remaining 2.2 miles and retreat the 0.7 miles of basal bark treatment by cutting, treating, chipping, and removing from site if observable from the roadway. Otherwise, treat in place with basal bark or foliar. Supervised by FSSP, TTINWR and CCESD staff. 0.9 MILES COMPLETED DURING PHASE I.0.7 MILES TO BE RETREATED AND 2.2 MILES TO BE COMPLETED DURING PHASE II Area 5: Right of Ways ( ROW's) on east side of CR 92 from Curcie Road to Goodland bridge. Description: 4.2 miles of roadway with a single row of Brazilian pepper, and scattered earleaf acacia and lead tree, growing along the canal banks. The exotic density is about 50% (Approximately 6 total acres of exotic vegetation). Treatment Plan: DOC crew cut and treated the southern 1.8 miles. Contractor will chip material left by DOC crew and treat the remaining 2.4 miles by cutting, treating, chipping, and removing from site if observable from the roadway. Otherwise, treat in place with basal bark or foliar. Supervised by TTINWR and CCESD staff. 1.8 MILES PARTIALLY COMPLETED DURING PHASE I. 1.8 MILES TO BE CHIPPED AND 2.4 MILES TO BE COMPLETED DURING PHASE II Area 6: South side of US 41 bordering Collier Seminole State Park. Description: 2.6 miles of roadway. West of the CR 92 intersection, the exotic density is less than 5% along most of the road except for 3 denser patches. East of the CR 92 intersection, the exotic density is approximately 40 %, with slightly denser patches around the bridges. (Approximately 5 total acres of exotic vegetation). Treatment Plan: Contractor or DOC crew cut, treat, chip and remove from site if observable from roadway. Otherwise, treat in place with basal bark or foliar. Supervised by CSSP and CCESD staff. POSSIBLY TO BE COMPLETED DURING PHASE H Area 7: South side of US 41 bordering TTINWR - including the ROW, Port of the Islands boundary and deeper into TTINWR. Description: 4 miles of roadway. Exotic density approximately 30%, with denser patches around the bridges. (Approximately 11 total acres of exotic vegetation along roadway and bridges) Treatment Plan: DOC crew cut, treated, chipped and removed from site if near road. If far from road, cut and treated. Supervised by FSSP, TTINWR and CCESD staff. ROW AND PORTIONS OF PORT OF THE ISLANDS BOUNDARY COMPLETED DURING PHASE I Agenda Item No. 16F1 September 14, 2004 Agenda Item N&I'M of 132 September 14, 2004 Page 16 of 20 Areas which have not vet received funding Area 8: North side of US 41 (south of the canal) bordering CSSP and Picayune Strand State Forest (PSSF). Description: 7 miles of roadway. 5% exotic density, with 2 -3 dense patches. (Approximately 2 total acres of exotic vegetation). Treatment Plan: Contractor or DOC crew cut, treat, chip and remove from site. (Guard Rail may pose a problem). Supervised by CSSP, PSSF and CCESD staff. Area 9 : North side of US 41 (north of the canal) within CSSP. Description: 50% exotics west of CR 92 intersection. Mostly 5% exotics with some denser patches east of CR 92. (Approximately ## acres of exotic vegetation). Treatment Plan: Basal Bark treatment with Garlon 4. Supervised by CSSP staff. Area 10: North side of US 41 (north of the canal) within PSSF from CSSP/PSSF boundary to Faka Union Canal. Description: 4 miles of exotic vegetation that is approximately 50 feet deep. Approximately half of this area is 60 % -80% Brazilian pepper. The other half of the area is about 5% Brazilian pepper. (Approximately ## acres of exotic vegetation). Treatment Plan: Basal bark treatment with Garlon 4. Supervised by PSSF staff. Agenda Item No. 16F1 September 14, 2004 Agenda Item NOMWaf 132 September 14, 2004 Page 17 of 20 Attachment 2 US 41 and CR 92 Invasive Exotic Removal Project Project Description and Map Exotic Vegetation Areas within US 41 and CR92 Joint Agency Project I trc I a, C-1�) 2 (7T 4VVP aid C.dherScmmole) M r.,J c-') N MIA- A Cc,InV) �he: ?(Cd.Ler C-ly are T- NAP) S a C-ly) 14 ,.9 - — .9 (� ter S-) fm- - 10 rp st-J) 0 05 1 Plcayune Strand State Forest Col icr Seminole State Park 32 rV rl Tan Thousand Islands Natioral NNdlife Refuge sv - - - - - - - - - - - Agenda Item No. 16F1 September 14, 2004 Agenda Item N&MR bf 132 September 14, 2004 Page 18 of 20 Attachment 3 Letter - April 22, 2003 to Florida Department of Corrections Agenda Item No. 16F1 September 14, 2004 Agenda Item N&Mk gf 132 September 14, 2004 Page 19 of 20 Attachment 5 Land Development Code Section 3.9.6.6 3.9.6.6. Requirement for removal of prohibited exotic vegetation 3.9.6.6.1. Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance with the specific provisions regarding prohibited exotic vegetation removal in each local development order. 3.9.6.6.2. Protection of native vegetation, according to the applicable provisions of this division shall be required during prohibited exotic vegetation removal. 3.9.6.6.3. Prohibited exotic vegetation shall be removed (1) From all rights -of -way, common area tracts not proposed for development and easements prior to preliminary acceptance of the phase of the required subdivision improvements; (2) From within the associated phase of the final site development plan prior to the issuance of a certificate of occupancy. 3.9.6.6.4. Verification of prohibited exotic vegetation removal shall be performed by the development services director's field representative. 3.9.6.6.4.1. Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S. Environmental Protection Agency. 3.9.6.6.4.2. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. 3.9.6.6.5. A maintenance plan shall be submitted to the development services director for review on sites which require prohibited exotic vegetation removal prior to the issuance of the local development order. This maintenance plan shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a minimum. Issuance of the local development order shall be contingent upon approval of the maintenance plan. Noncompliance with this plan shall constitute violation of this division. The development services director's field representative shall inspect sites periodically after issuance of the certificate of occupancy, or other final acceptance, for compliance with this division. 3.9.6.6.6. In addition to he other requirements of this division, the applicant shall be required to remove on single - family and two - family lots for all new principal dwelling units, all prohibited exotic vegetation before a certificate of occupancy is granted. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single - family (RSF), estates (E), village residential (VR), and mobile home (N1H), prior to issuance of a building pen-nit. Agenda Item No, 16F1 September 14, 2004 Agenda Item N8P115R*I Af 132 September 14, 2004 Page 20 of 20 3.9.6.6.7. Disposal of exotic vegetation. The disposal of the prohibited exotic vegetation after removal shall be approved as a part of the local development order. Disposal sites may include, but not be limited to mulching facilities at the Collier County landfill. 3.9.6.4.1. A vegetation removal fee is not required to remove the following prohibited exotic vegetation from developed property or from undeveloped property after a vegetation removal permit has been issued: (1) Australian pine (Casuarina spp.). (2) Melaleuca (Melaleuca spp.). (3) Brazilian pepper (Schinus terebinthifolius). (4) Earleaf acacia (Acacia auriculiformis). (5) Catclaw mimosa (Mimosa pigra). (6) Java plum (Syzygium cumini). (7) Downy rosemyrtle (Rhodomyrtus tomentosus). (8) Women's tongue (Albizia lebbeck). (9) Carrotwood (Cupaniopsis anacardioides). Agenda Item No. 16171 September 14, 2004 Agenda Item N &T6F I bf 132 September 14, 2004 EXECUTIVE SUMMARY Page 1 of 2 Recommendation to approve the budget amendment associated with Florida Department of Environmental Protection (FDEP) Contract No. GC623 for contract administration and remediation services for the clean up of petroleum - contaminated sites throughout Collier County in the amount of $99,600 OBJECTIVE: To have the Board of County Commissioners (BCC) approve the budget amendment for Contract No. GC623 between the County and the Florida Department of Environmental Protection (FDEP). Contract GC623 was approved by the BCC on July 1, 2001 and remains in effect until June 30, 2005, to clean petroleum contaminated sites in Collier County. CONSIDERATION: Since 1990 the Pollution Control & Prevention Department has been providing contract administration and remediation services for the clean up of petroleum - contaminated sites throughout Collier County under a contract with the FDEP. Annually, the contract between the FDEP and the County has been revised, amended or re- negotiated to reflect the changing fiscal, legal or legislative conditions and requirements. The budget amendment reflects the services anticipated for the State fiscal year July 1, 2004 through June 30, 2005. Approval of this agreement by the County Manager is subject to formal ratification by the Board of County Commissioners. If the Board does not ratify the decision by the County Manager, this agreement shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by the Board. FISCAL IMPACT: FDEP will reimburse the County for work based on the same fixed fee for each site. This contract will cover the cost of 42 site inspections. The budget amendment is needed in order to continue operations associated with Contract GC623. Task Assignment No. 4 for GC623 was received in June 2004 for the State fiscal year July 1, 2004 through June 30, 2005 in the amount of $99,600. This program is included in Miscellaneous Grants Fund (116). GROWTH MANAGEMENT IMPACT: Clean -up of petroleum contaminated sites are consistent with Objective 1.5 of the Natural Groundwater Aquifer Recharge sub - element of the Public Facilities Element of the County's Growth Management Plan. It also satisfies the objectives of the Ground Water Protection Ordinance. RECOMMENDATION: Authorize staff to process the necessary budget amendment to implement the FDEP Contract No. GC623 in the amount of $99,600. Item Number Item Summary Meeting Date Approved By Ray Smith Public Utilities COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda item No. 16F1 September 14, 2004 Agenda Item No. 1125 of 132 September 14, 20 4 Page 2 of 2 16F1B Recommendation to approve the budget amendment associated with Florida Department of Environmental Protection (FDEP) Contract No. GC623 for contract administration and remediation services for the clean up of petroleum - contaminated sites throughout Collier County in the amount of $99,600. 8/1012004 9:00:00 AM Director Pollution Control & Prevention Date 7/29/2004 2:59 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 81212004 11:45 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 8/312004 9:57 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 8/3/2004 10:05 AM Approved By Randy Greenwald Management/Budget Analyst Date Board of County Office of Management & Budget 81312004 1:31 PM Commissioners Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 819/2004 2 :51 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 8/912004 4:27 PM EXECUTIVE SUMMARY Agenda Item No, 16F1 September 14, 2004 Agenda Item N6M16F81@t 132 September 14, 2004 Page 1 of 3 Recommendation to award Bid #04 -3699 – "Copying the Agenda for Collier County Board of County Commissioners" in the estimated annual amount of $45,000 OBJECTIVE: Obtain Board's approval to award Bid # 04 -3699 for furnishing and delivering copying services for the Collier County Board of County Commissioners agenda. CONSIDERATION: A request for bid was sent out on July 6, 2004 seventeen (17) prospective bidders or the copying of the Board's agenda. Four (4) vendors responded to the Request and Cecil's Copy Express was the lowest, qualified, and responsive bidder. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. FISCAL IMPACT: The fiscal impact of awarding this bid is in the estimated amount of $45,000. Funds are budgeted and approved in Fund 111, Cost Center 100130_ RECOMMENDATION: That the Board of County Commissioners award Bid #04- 3699 – "Copying the Agenda for the Collier County Board of County Commissioners" to Cecil's Copy Express. Prepared by: i II �- Approved by: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Item No. 16171 September 14, 2004 Agenda Item No. '*y'Ibc27 of 132 September 14, 20D4 Page 2 of 3 Item Number 161=1 C Item Summary Recommendation to award Bid #04 -3699 - "Copying the Agenda for Collier County Board of Commissioners" in the estimated annual amount of $45,000. Meeting Date 8/10/2004 9:00:00 AM Prepared By Barbara Pedone County Manager's Office Approved By Barbara Pedone County Manager's Office Public Information Coordinator Communication & Customer Relations Public Information Coordinator Communication & Customer Relations Date 8191200410:55:25 AM Date 8/9/2004 1:24 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 8/9/2004 2 :01 PM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 8/9/2004 3 :16 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 8/11/2004 3:22 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 8111/2004 3:58 PM Commissioners T <v €1 O co co CD —RE ��C7 Z it 0 O 04 a .7 r Z co N �U c O) Q � �I CA U •o w 0 c� 0 Ca c 0 c U a� O U 0 ¢ O QN to o p o M U o ° a, M Ga r- m �o a 0 u �n C O p M p V) 00 O pp o O O 609 p 'L v'i 69 69 y � 64 U o O p N i N a y O O O C,4 a3 64 Gq * z u o Ln h _ F�UU � ds i z f W � y 7:1 tz r CL o H CL U O O b C V 'B O CO b O co Q U U `' v ci 3a�- 3mz � cam �a�z Q 3 W H ow r- m �o a Agenda Item No, 16F1 September 14, 2004 Agenda Item N &LICN df 132 September 14, 2004 EXECUTIVE SUMMARY Page 1 of 9 RECOMMENDATION TO ACCEPT THE FORD FLEET TEST BAILMENT CONTRACT WHICH PROVIDES FOR THE USE OF A VEHICLE TO TRANSPORT VETERANS TO VA MEDICAL APPOINTMENTS OBJECTIVE: To accept a Ford Fleet Test Vehicle for the Veterans Transportation Program. CONSIDERATIONS: Ford Fleet Test is providing a 2004 Frecstar test vehicle to assist with the transportation of veterans to VA medical appointments. The Collier County Veteran's Transportation program is a cooperative program between the County and the Veterans Council. So far this fiscal year, the program. has provided transportation to over 400 veterans to VA medical appointments at the Ft Myers Clinic and the Bay Pines VA Medical Center. Many of our World War 11 and Korean War veterans rely on our service because of distance and travel time to the Medical Center. The Freestar will give us the flexibility to provide better service to the veterans in our community. FISCAL IMPACT: Collier County will provide insurance and regular maintenance per the Ford Fleet Test contract. Maintenance and insurance costs will amount to $10,100 per fiscal year (money not spent will revert to the General Fund). The duration of the contract is for two years. There is no other cost for the vehicle. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board authorize its Chairman to execute the Ford Fleet Test Bailment Contract for a 2004 Freestar, said contract being in effect for a two year period ending in 2006. Item Number Item Summary Meeting Date Approved By Peter Kraley Public Services COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Item No. 16F1 September 14, 2004 Agenda Item No. W01430 of 132 September 14, 2004 Page 2 of 9 16F1D Recommendation to Accept the Ford Fleet Test Bailment Contract Which Provides for the Use of a Vehicle to Transport Veterans to VA Medical Appointments. 8110/2004 9:00:00 AM Veteran Services Director Veteran Services Date 7121/2004 9:02 AM Approved By Maria Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 7/2212004 10:26 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 712712004 12:44 PM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 7/2812004 4:55 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 8/3/2004 11:23 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 819120044 :20 PM Commissioners Agenda Item No. 16F1 September 14, 2004 Agenda Item NOa116RIdf 132 dam September 14, 2004 Page 3 of 9 Date: 7/1312004 Contract C To; Donna Fiala Firm: Collier County Veterans Services 33'0.1 Tam E iami Trail Naples, FL 34112 Frotm Ford Motor Company RVTfCAPE DIAGNOSTIC SYSTEMS DEPARTMENT FIELD FEEDBACK SECTION Please accept the sincerest appreciation of Ford Motor Company for taking an active role in an extremely Imp0nant part of the product validation phase of our overall product evaluation and verification effort, it remains the goal of l=ord Motor Company to make the relationship we have formed equally beref" to us t oth. Prior to oonsummatlon of our tasting agreement, your firm reviewed an Equipment t can and PvaiWtion Agreement, and agreed to comply with the contents of that document under signature of an officer of your organization. In conformance with Ford Motor Company policy as well as local, state, and federal lawn and statutes, you are hereby requesteid to provide to Ford proof of compliance with Ar�tioles 4 and 5 of the aforementioned document (titled Taxes. Fus and Other MMfts and Insu age respectively). ftrase forward copies of certificates and/or reoelpts as prof of payment for all applicable ricvnsec taxes, feet, dues, etc, and evidence of sufficient 40111ty insurance coverage in accordance with ft requirements outlined in Article 4 of the ballment. Please forward saki documents to: Ford Motor Company 21 500 OAKWOOD BLVD. MAIL DROP #25 DEARBORN, MI 48121 ATTN: ROBIN R. WRIGKT Thank you again for joining Fart Motor Company in our effort to be"* World's preeminent autamotive manufacturer, (Prr4wA Mattes MAY NOT Sore USED) 8!)'d 22 :91 t7OOZ zt in[ Agenda Item No. 16F1' . September 14, 2004 Agenda Item N&16F4 df 132 September 14, 2004 Page 4 of 9 Contract # Request # FORD MOTOR COMPANY EQUIPMENT LOAN AND EVALUATION AGREEMENT THIS AGREEMENT is entered into this 131h, day of July, 2004, by and between FORD MOTOR COMPANY, a Delawaro corporation (Ford), with offices at The American Road, Dearborn, Michom and Colliar County Yeterana 5grvioas , a(n) Florida corporation, with offices at 163301 Tamiaa;i Trait E Naol�. FL �� (Borrower). RED A. Ford is willing to lend to Borrower certain equipment ('Equipmenn dent tM in Paragraph 1 hereof for the purpose of aidEng Ford in evaluating rariouo azspvgw of the products It manwhwturea and/or sells. B. Borrower is willing to accept the Equipment and use it for the purpose and in a;oordance with the terms and conditions of this Agreamertt. Barmen Ford and Borrower agree that this Agreement shall ovoitute a bafmant of the Equipment to Borrower. Ford hereby lends the following Equipment to the Borrower to be hold and used by Borrower, as a bailee of the Equipment, in accordance with this Agreemertb IT91 DESCRIPTION IDENTIFtCATON 2004 Ford Fresstar Tag # 579T'I08 2FMOASU14BAD0123 2. Location ands. Borrower shall utRIYA the Equipment In the Flork$a area for the pwposse of asaiating Ford in evaluating its products. The Equipment shall remain the proporty of Ford The Equipmatt shall at all tines be properly used and maintained by Borrower and shall be marked 'Property of Ford Motor Company. The ment shag not be removed from the area re*W jo above, withom+t Fords prior written approval, for any reason other than for doRvwy to Foal. Upon tssw) 0": January, 749'1 np 1 of a Revision Bata: August, 1994 Path: w:logeogaxlpumhibailmentlVL &E.dot ZO ' d 02:91 COOZ Z T i nic Agenda Item No. 16F1 September 14, 2004 Agenda Item N &HRH I11' 132 September 14, 2004 Page 5 of 9 Contract M request ay Ford, the Equipment shall be immediately delivered to Ford. Ford shall have the right to enter onto Borrower's premises at all reasonable times to insped the Equipment and Borrower's records with respect thereto. Borrower shall from time to time advise Ford of the io m*m of the Equlpmeird. 3. Indemn Borrower shall defend, indemnify, and save harmless Ford and its subsidiaries and their respective officers, directors, agents, and employees (hereinafter collectively Called 'Indemnitsee`) from and against any and all losses, damages, claims, actions, tote and expenses, Ong, but not limited to, foes and a"rfsas of legal oounssl and expert with mos, that may be imposed upon or Incurred by or asserted or entered against the indemndeee, or any of them, by reason of actual or alleged: (l) Injury to Or death Of parsons ('tncltrding, without limitation, any emplopea or employees of one or more of the Indemnhoes or of Borrower or of one or more of its contractors, subcontractors, vendors or agents); (ii) loss of or damage to the property of any person or legal entity (imHuding, without &mhation, any property of any employee or et+mpoyeas of one or more of the lndemnitees or of Borrower or of one or more of its contractors, subcontractors, vendors or agents); or (R) violation of any law, ordinance or regulation of any govemmentai �.. authority (including, without li nhation, the united States of America or any of its states or localities, or Canada or any of its provinces or localities) by Borrower or by any of its contractors, subcontractors, vendors, agents or employees; as a result of or arising out of or in connection with the tasting, evaluation, possession or use, by or on behalf of Borrower, of the Equipment, or the condition theroof; MvAded, however; that the foregoing agreement to inde rtnify and hold the Indemnitess harmless shall not be appl ie to the extent that any such toss, damage, claim, WOW, suit, judgment, deerpt, order, ooet or gacppr"ate attributable to the sole negligence or the wtiifui or wanton misconduct of this lndernnitm. Swower MA promptly notify Ford of any evern oovered by this Paragraph of which Sorrow+ar has Wtual notice, and Ford sill be entitled to participate in the defeeme of any claim for exper"s. 4. Taxes, Fees, and Other hermits. Borrower shat pay all occupational taxes and 90VWMsr W charges imposed in connection with the use and operation of the EquOrtent, inxtits*q any permits, special permits, licenses or taxes required by the business of Borrower, wnisaior►ss tests, and ail salss, ues, excise, }tetanal property, state, prOVIMisd. anti mAeapea taxes, toil or any ott w Um or fees ( and' all Increases therein) ourr+9rttly in foroe or which hereafter may be enacted and boom* due and payable during tae lom term with respect to the EWW9M or ft ownership, per, mental, transportation or da�tir�tty. Borrower shall assme responsibility for Onsuring afar tt Equipment has been properly registored, incka ft any MWirod Inepwtiorar =01MMY&O in accordtttxtitn with the laws of tits jurisdiction where the Equipment w8 be �rtarly used ltt m Date: sanusry,1992 Page 2 of 6 Revi3io+n Date: August, 1999 Path: wMgclogccfpumh%aifmanrWUE.dot 20 *d 09- :9T btJOir LT Inr Agenda Item No. 16F1 September 14, 2004 Agenda Item NOPICR al' 132 September 14, 2004 Page 6 of 9 Contract # Request # provided herein, Ford shag obtain and provide Borrower with all necessary authorizations, permits. waivers or exemptions which may be required from a government agency to operate the Equipment on public hlgnways. Borrower shall use, operate, and test the Equipment only in a000rdancs with the terms and provisions of any such authorization, permit, waiver or exemption, and expressly awees to indemnify and hold harmless Ford from and against any and all damages, Suits, actions, c laYns, costs or expenses arising fmrn, or connected with, any vkftt3on or noncompiiar= with any of the terms and provisions of any such authorization, permit, waiver or exemption by, or resulting from the action or inaction of, Borrower or any of its agents or employees. 5. Insurance. Borrower, at its sole cost and expense, shalt procure and maintain during the term of the Agreement, from Insurers listed in a current `Bests Insurance Gukir' as possessing minimum polioyhold ft rating of WO and a tinancitl category of 'VII, commercial automobile llatility and oornmercW general liabi iry insurance covering body injury IWIltty ana property damage tiaoilt* including broad form property damage #ability and oonbutuai liability coverage (slow a blanket policy or a MUCY apps apwAcally a this Agreement), with gmIts of not We than $3 million combined single lertit per occurrence of loss or damage. Such insurance coverage shall protect the Borrower, Ford and any person using, operating or otherwise havytg an interest in the Equipment and shall also mesa the requirements of any so-called "rya -faun" law now in effect or wttictt hereafter may be enacted. Such insurance policy shag name Ford as an additional insured and shall provide that to policy may not be canceled or materially altered without 30 days prior writt0n notice to Fad. The Insurance proviclei by Borrower wits be primary Durance and wilt not be mass to or canxrbUto y with reaped to insurance coverage, if any, provided by Ford. In addition, Ford shell be named as an addWonal insured on any excess or umbrella program purchased or maintained by Borrower. At or before delivery of the Equipment to Borrower. Borrower snail provide Ford with a=ept e mAdance of insurance coverage in accordance with this Agreement by delivering certified copies of insurance policies that provide the required coverage, or certified copies of existing insurance policies that have been endorsed to provide the required ooverages, or certificates of insurance executed by the insurer or its authorized fQpMsetitatttve that certify the required coveraigae. The furnishing of such insurance shall not relieve Borrower from any liability or ob0gatlon for which it Is oe*rwise responsible to Ford. Ford shall be under no duty to examine any ate provided by Borrower or to advise Borrower that its insurance coverage dove not Comply with the rvqulrorrtortts set forth herein. 8. Maintenance and Rte, Borrower shag inspect then FAuipment upon de ivery and by aCceptance therasof is deerned to find the Equipment in good working order and oondition. Borrower or b designee shall maintain the Equipment In good working order and condition, properly semood and greased, and comply in every respect with the provvissions. of Paragraph 10 hares and of the manufacturer's owner manual that cams with the Equipment. Ford or its design" shag make al major repairs necessary to maintain the Equipment in good working cedar and ovotion. TING to all such repairs shag vest In Ford All repairs and servicing SW be done by qualified service personnel: iassu) Date: January, 1992 Page 3 of a Revision Data: August, 1999 Path: wA ogclogoctlpuroitlbaiknonr %VL&E.dot t?l) 'd Oi:9I vooG7 ZZ Inc Agenda Item No. 16F1 September 14, 2004 Agenda Item NBagfR df 132 September 14, 2004 Page 7 of 9 Contract # l�equvst # except that warranty work, to the Went practicable, shall be done at the shop of the nearest authorized dealer in such make of the Equipment. Borrower shall pay for all gasoline, oll and normal service required for the proper operation of the Equipment and for all washing, parking, garage, highway road service, tolls and fines required or ineurred in conm o lion with the operation of the Equipment: 7. Wivery and Return of Eauiorn Ford shall be responable for dekvwy of the Equlonnem to Borrower at 3301 Tamiarrti Trail E lam, EL 34112, Ford shfu!< not be reepomble for any delay in delivery of the Equipment. Borrower shay return the Equipment to Ford, at a los� designated by Ford, no later than the close of business on V,,M. a. Use of Equipment. Borrower shied utiliza the Equipment for the purposes of modification, testing and/or evaas specified by Ford from We to time, Borrower shwa not use or operate tfts Equipment in violation of any federal, state, Wal or provincial law, rule, roegthtdon or ordinance including those pertaining to the age and licensing of drivers, the disclosure of Forft rrterost In the Equipment, or other requirements or limitations. Under no circumstances shale Borrower disoonned any odometer or other mileage =wding device nor shall the Equipment be used or operated (a) in a manner subjecting it to depreciation above the normal depreaatim associated with general commercial use, (b) for any illegal purpose or by a person under' the influernce of alcohol or namotim (c) in any manner or for any purpose that would cause any insurance specified in this Agreement to be suspended, cancelled, held inapplicable or tnareased in deal, or (d) outside the o onttnented Ignited States or Canada without Ford's express written permission. The Equipment shall be operated at all times in a safe, careful and lawful manner and by legally qualified drivers. The Equipment may be operated only by persons who are employees of the Borrower and stand In relmloruf to the Borrower as employee to employer. f=urther, the operation of the Equipment shale be conducted under the exclusive supervision, direction and control of Borrow. Under no circumstances shall an employee of Borrower be considered or held out as an agent, evvent or employees of Ford. 9. lnsMCt M and Reports. Borrower agrees Wallow Ford to inspect the Equipment and to otherwise observe it in operation at such time and fadGty as Ford may specify. Borrower MW pmft Ford with such mileage, maintenarnrs, safety, operating or other information or copies of any such records maintained by Borrower with respect to the Equipment as Ford or any governmental agency may require from time to time. 10. Risk of Loss. Borrower shall assume all dais of loss with respect to the Equipment, including loss or damage that occurs despite Borrowaft Wefts of reasonable care, but awAAV normal wear and tear, from the time it Is delivered by Ford to Borrower at SM1 Tamdalmf Trait E Navies, FL 341112 and until the Equipment has been returned to Ford at its local disct sales ofce or at such other local Ford dealership as Ford may designate. In On evwR of damage to ft Equipmw% Borrower chaff notify Ford to that effect and follow such instructimu a Ford may provklo w1h respect to repair or disposall of the Equipment Borrower shah be responobe for payment of any repairs to the extent; not covered by insurance inuring to the benW of Forl If any SqU nnertt is lost, Stolen, dasb'oyed or Is declared a total Issu3 Dew January, l M Page 4 of 6 Rev aion Date: August, 1 "9 Hatt: w :bgeagccxlpumh%batmont\VL&E.dot 9) 'd 12:91 tr00Z ZT i nr Agenda Item No. 16F1 September 14, 2004 Agenda Item Nag TO W 132 September 14, 2004 Page 8 of 9 Contmot e Request e construcOve bu (subject to Ford$ agreement as to such edition), Borrower shall promptly noisy Ford thereof and hold any wroWne for disposal by Ford with respect to any bat, Win, or destroyed Equipment, Borrower shall pay Ford (to the extant not covered by Insurance inuring to the benefit of Ford) an amount equal to the wholesale market value for comparable Equipment in a condition similar to the lost, stolen or destroyed Equipment immediately prior to any such Iola, 11. f cedurve-oAexidan s Within 24 hours of an accident, theft or conversion oaf any Equipment, Borrower shall file a written report to that effect with Ford and the insurer of such Equipment. Borrower shall promptly notify and fumish Ford with *very demand, notice, summons, process and pleading received in every suit, action or claim arising with respect to the condition, use or operation of the Equipment, and cooperate with Ford and the usurer in defending the same. Ford reserves the riot to examine any such Equipment. 12. Termination. Ford may terminate this Agreement at any time by gtvkg 30 days prior written notice to Borrower, except that ford may terminate ft Agreement effective Immediately Won wrftm macs to Borrower, in the event Burrower tails to pro" or maintain any insurance required hereunder, or in the event of the filing of any petition by or against Borrower under any bankruptcy, reorganization, receivership taw, or Borrower's making an assignment for the benefit of creditors, or if Borrower makes or suffers any voluntary or Involuntary sesignments, or attachment, lien, or levy is made of or attached to the Equipment, or in the event Borrow otherwise falls to adhere to the tarots and conditions of this Agr3emeaint. Borrower may terminate this Aggreemwd at any time by giving 30 days prior written notice to Ford. Upon termination by either party, Borrower " make all Equipment 'Mmsd3tely available for return to Ford. The obi'agations and provided In faro Mph$ 3,10,14 and 15 shall survNe termination of this Agreement. 13. A4sknmen Borrower is expressly prohibited from assigning this Agreement or delegating performance of any of Its obligations hereunder without the prior written consent of Ford Ford shall not be prohibited from selling, assigning, transferring or otherwise encumbering any Interest or V t hereunder with respect to the Equipment. Nothing 0o t fined herein sip be interpreted as releasing Borrower from any of Its obligations as speeifled In this Agreement. 14, PubfiCity. Neuron party hereto small identify the other party as as Joint venturer or MMr or othenvtsa characterize the arrangement between them as anything other tt n a bailment Borrower shall not disclose or publicize to any third party, (a) any descrObon of the Equipmsnt, technical specirtcations' or other infomu%tion about the Equipment (b) the nature or terms of this Agreement; or (o) the reeuits of any testing, inspection or evaluation of the Equipment by Ford or Borrower witW 1=orft prior written consent. Borrower shall take the necessary Wpe to familiarize all approIxiate employees of Borrower of its obligations under this Paragraph. Neither party shag use the others name or logos, in whole or in part, for any purpose whaWwoor, specifically including but not limited to any wriW, oral or pict ftl andorsa meM tt "wfief or advertisarro t, ~or aOAI or implied, without such other patty's prior wrMw 8ppw*. Ii Date: January, 1992 Page 5 of a ftAslon Dare. August, 1998 Path: w:togftgcwVunctibaik wihVLarE:dt 90'd Z2 :9i VWZ ZI Inr Agenda Item No. 16F1 September 14, 2004 Agenda Item N8aWldf 132 September 14, 2004 Page 9 of 9 Contract # Request # 15. Forca Maleure and No Consectuent al DarnaW . Ford shall not be lkblas for any failure in performing any provision hereof due to fire or other casualty, tabor difficulty, goverrinw al restriction or any cause beyond Ford's control. Borrower specifically warrants that the Equipment is not critical to the operation of ids bushass and the loss of use of such Equip, for any reason whatsoever, wit not have a matenai adverse eft+aot on Its bushess, IN NO EVENT SHALL FORD BE LIABLE FOR ANY LOSS OF PROFITS, OTHER CONSEQUENTIAL DAMAGES OR INCONVENIENCE DUE TO EARLY TERMINATION OF THIS AGREEMENT, OR ANY THEFT, DAMAGE, LOSS, DELAY OR FAILURE OF DELIVERY OR DEFECT OR FAILURE OF THE EQUIPMENT, OR THE TIME CONSUMED IN RECOVERING, REPAIRING, SERVICING OR REPLACING THE SAME 16. Governing Law This Agreement will be governed by and construed and Interpreted in accordance with th6 laws of fibs State of Michigan. 17. Entire Aaraement, and Nvtk;a• This Agreement constitutes the entire agreement between the parties and may only be amended, modified or supplar mted by a. written amendtnvnt executed by Ford and Borrower. Failure by ford to enforce any term, provision or condition hereof, or to exercise any of its rights hereunder, shall not be construed as thereafter waiving any such terms, provisioge, conditions or rights. In no event shed any coo" of dealing, custom or a m*o of trade modrftr, after or supplement any of the terms or pmvWons contained heroin. An notices specified or permitted herein shall be in writing, mailed postpaid U.S. mall, or courier service, with return receipt requested: 18. Additional t The following Attachment$ ('d any) we incorporated tnta this Agreement by reference: 1 To the 0400 that a provision of an Attachment Confik% with a provision of this Agreement. THIS AGREEMENT SMALL SUPERSEDE THE ATTACHMENT. Eca'utlon of this document indlcates agreement with the terms st&W above and acceptance of the Equ pment M good condition. The person signing for the Borrower warrants and represents that he or she tB an cfficer or agent of the Borrower and is authorized to execute this Agreement on its bull, IN WITNEW WHEREOF, the parties hereto have caused this Agreement to be axecutsd by their authorbted rapr;entabves as of the date first above written• COWER COUNTY VETERANS SERVICES FORD MOTOR COMPANY Bonower By. By; Typed Name: Donna Fiala Typed Name: WE Weaver Ti gthairman ofof� f CoW11 Commisioners Dab): San-ower Address: 33101 Tatniami Trail E MW issue Date: January, IM Revision rate: August, I Path. W,\og&gooiN ►ur tNmltnentNVL&E,dot LO'd Z2:9I t ZI Int t=oe o of 0 Approved as to f le ►sl aasgit t 7 AUmmy Agenda Item No, 16F1 September 14, 2004 Agenda Item NBa145Iq @f 132 EXECUTIVE SUWMARY September 14, 2004 Page 1 of 3 Recommendation to approve a budget amendment establishing a new operating fund for the Law Library OBJECTIVE: To establish a new operating fund for the Law Library consistent with changes resulting from implementation of Article V court funding. CONSIDERATION: The Law Library operating fund was previously administered through the Clerk of Courts' Bookkeeping Department and was funded by a surcharge on civil filing fees. The Article V court funding legislation eliminated surcharges on civil filing fees. As a compromise, the legislation provided for the imposition of $65 in additional court costs when a person pleads guilty or no contest to, or found guilty of any felony, misdemeanor, or criminal traffic offense under the laws of this state. The additional funding must be allocated, in equal parts, for: (1) funding innovations court fee to fund special programs of the court system; (2) legal aid programs; (3) local law libraries; and (4) alternative juvenile programs. The Board adopted Ordinance 04-42 on June 22, 2004 imposing the $65 additional court costs. As of June 30, 2004 the Clerk will no longer administer this fund. Therefore, a new Law Library Fund (640) must be established in the Board A`cncy to provide budget appropriations for expenses associated with law library operations for the remaining three months of FY 04. FISCAL IMPACT: There is residual cash amounting to $39,736.90 in Law Library Fund (641) that was administered by the Clerk of Courts. In addition, $5,588.43 in court costs was collected during the month of July for law library operations. A budget amendment is required to appropriate $39,737 in residual equity plus an additional $15,588 in estimated court costs for the period from July through September 2004. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners: 1. Approves the budget amendment establishing a new operating budget for the Law Library Fund (640); and, 2. Authorizes staff to close the old Law Library Fund (641) that was administered by the Clerk of Courts. Prepared by: Michael Smykowski, OMB Director Date: August 6, 2004 Agenda Item No. 16F1 September 14, 2004 Agenda Item 1\18MCP @f 132 September 14, 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Item No, 16F1 September 14, 2004 Agenda Item No. Wf W40 of 132 September 14, 204 Page 3 of 3 Item Number 16F1E Item Summary Recommendation to approve a budget amendment establishing a new operating fund for the Law Library. Meeting Date 8/10/2004 9:00:00 AM Approved By Pat Lehnhard County Manager's Office Administrative Assistant Office of Management & Budget Date 8/9/2004 2:58 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 819/2004 3 :28 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 8/9/2004 5:16 PM Agenda Item No, 16F1 September 14, 2004 Agenda Item I &gT6r'Kf 132 September 14, 2004 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve additions to and deletions from the 2004 Fiscal Year Pay and Classification Plan made from July 12, 2004 through July 30, 2004. OBJECTIVE: For the Board of County Commissioners to approve additions to and deletions from the 2004 Fiscal Year Pay and Classification Plan. CONSIDERATION: Attached, as Exhibit 1, are proposed additions to and deletions from the County's 2004 Fiscal Year Pay and Classification Plan that were made between July 12, 2004 and July 30, 2004. The additions result from organizational realignments, a resignation and the addition of new job responsibilities that have occurred since the Pay and Classification Plan was approved in September 2003. The deletions result from certain classifications becoming obsolete. FISCAL IMPACT: The results of this action 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. RECOMMENDATION: That the Board of County Commissioners approve additions to and deletions from the 2004 Fiscal Year Pay and Classification Plan. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Item No. 16F1 September. 14, 2004 Agenda Item No. �E�t42 of 132 September 14, 2004 Page 2 of 4 Item Number 16F1F Item Summary Recommendation to approve additions to and deletions from the 2004 Fiscal Year Pay and Classification Plan made from July 12, 2004 through July 30, 2004. Meeting Date 8/10/2004 9:00:00 AM Prepared By Date Donald Albonesi Compensation Manager 7/2912004 10:05:45 AM Administrative Services Human Resources Approved By Donald Albonesi Compensation Manager Date Administrative Services Human Resources 712912004 10:05 AM Approved By Jean Merritt Human Resources Director Date Administrative Services Human Resources 7/30/2004 3 :25 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 8/10/2004 10:26 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 8/11/2004 12:06 PM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 811812004 8:37 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 8/18/2004 9:14 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 8/18/2004 3:49 PM Commissioners 'It CM CD Cl) Od C) C) 0 E N C) co O E� C: 0 E c 0 CD O ut > 0 U) cn 0 04 At CIL N cq N cq cq cq cq N c 0 CD 0 Q) .0 E E E E -0 < 0 0 2 0 0 C) 4) E 0 -2 8 U CD E o i� U) ll� cn co — w E CL 0 CD co CL O 0 .2 z > co 0 Q CD CD LL a) CD LL — c 0 C C C w ❑ a) a) CL E — ca CL (D u co a co 2 as CL cz c cli 2 co 2 .0 -0 .0 _0 7a E E -Fo E 0 0 2 2 C: o cO co C) U U 0 — CD 0 — W 0 a) U) U) 4 (n -0 c cr -0 --- (D -0 c cr -0 cr a) cz cz co < 0 '5 < -5 -5 w cis cz 75 U -0 . U) :3 C a) W CO C a) rn U) 0 U) 0 •M W C 0 c 0 -0 c 0 M.0 C 0 lc� 0 0 -0 0 -0 0 .0 0 N M 0 CIJ N 0 W N 0 N -- I— -0 0 -0 0 E LO Co C Co cn .— cn c M ai aj E 0 0) C� 0") 75 0 -0 cD a- 2 0 -0 CL 52 —W Z 0 a) a) a) I -0 w 0 0 0 0 0 -0 o ID . -0 0 a) a) < < < E m co Lo N N m co m cm r- CO IN- 00 E cc� R a! If! .;; — — ItT co co co U ") t3 r M to (11} cri. (.4 613 6% to 2 m E cq cq M N 't co co co co C\i .17 Cd (d Nr ICT 'IT 1q, ta Vy t4 (& CIL N cq N cq cq cq cq N CL F= 07 rn C> 0 cz cn c 0 76 (D c 0 co .0 E -0 < 0 0 2 0 0 C) 4) E 0 -2 8 U CD E o i� U) ll� cn co — 0 :3 T- "a cn E CL 0 CD E co CL �m G CL O 0 .2 z > CD tm ca 0 Q CD CD LL a) CD LL — c 0 0 =3 0 2 w :3 0 -r C ca a) CL E — c co M. u co a co 2 tm ct c cc$ M cz c cli 2 co 2 CL F= 07 rn C> 0 cz cn c 0 76 (D r C) y. Z -O o N Prb L Co c IS E cv � Q C � �U) Q c c 0 0 U U y y C/) (b cC U U U O O O O O E U O E N O O N U O O E o co c� E L r m •x 'n cco � � � LO co a E u) x (d CKS c v v a N N c E R co L m o U- a c D o Z 2 m 0 L L N co ro co cca ccn v :E 2i CL E 0 0 cD c 0 ft7 2 c0 (D 0 Agenda Item No. 16F1 September 14, 2004 Agenda Item N &I M gt 132 September 14, 2004 EXECUTIVE SUMMARY Page 1 of 2 Recommend approval of a correction to a previous executive summary that incorrectly stated the contribution from the Collier County Sheriffs Office for enhancing the coverage of the public safety radio system inside school building. OBJECTIVE: To correct the record regarding the contribution from the Collier County Sheriff's Office (CCSO) to a cooperative project between the Board of Commissioners, the School Board, and the CCSO which was incorrectly stated due to a clerical error on a previous executive summary. The project involves enhancing the 800 MHz public safety radio system for better radio coverage inside several schools. CONSIDERATIONS: The executive summary of the June 22, 2004 board meeting, item 16 E 1 incorrectly stated the CCSO's contribution toward the project as $78,000. The actual contribution form the CCSO is $87,000. FISCAL IMPACT: No impact. This purpose of this executive summary is to correct the record. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve this executive summary to correct the record. Agenda Item No. 16F1 September 14, 2004 Agenda Item No. 1ffq1E946 of 132 COLLIER COUNTY September 14, 2004 Page 2 of 2 BOARD OF COUNTY COMMISSIONERS Item Number 16171G Item Summary Request Board approval of a correction to a previous executive summary misstating the contribution from the Collier County Sheriff's Office for a project to enhance the coverage of the public safety radio system inside school buildings. Meeting Date 8110/2004 9:00:00 AM Prepared By Date Barry Axelrod Information Technology Director 81912004 4:33:06 PM Administrative Services Information Technology Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 811012004 10:24 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 811112004 11:19 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 811812004 9:15 AM Approved By James V. Mudd County'Manager Date Board of County Commissioners County Manager's Office 8118/2004 5:26 PM Agenda Item No. 16F1 September 14, 2004 Agenda Item NOMER hf 132 September 14, 2004 EXECUTIVE SUMMARY Page 1 of 6 Recommendation to authorize the making of an Offer of Judgment to Respondent, Nellie Whitehurst, for Parcel No. 153 in the amount of $38,500.00 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 $38,500.00, 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 $38,500.00 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 $12,400.00 into the registry of the Court, which will be paid to Respondent by Stipulated Final Judgment of the court. $38,500 represents an offer $2,500.00 above the final offer extended to the property owner at mediation held on July 26, 2004. An impasse was reached at mediation and the case is scheduled for trial in early November. On August 3, 2004, the Court entered an Order for Non- binding Arbitration, which requires the Petitioner to arbitrate before trial and will result in the County incurring significant additional costs. If Respondent rejects this offer, and fails to recover more than $38,500.00 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 $12,400.00 are available in the FY 04 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. Agenda Item No. 16F1 September 14, 2004 Agenda Item NOMIS Mf 132 September 14, 2004 Page 2 of 6 RECOMMENDATION: That the Board of County Commissioners: 2. 3. Approve the terms of the Offer of Judgment and authorize its service on Respondent; Approve the expenditure of funds as stated, if the offer is accepted; Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. 2 Agenda Item No, 16F1 Agenda Item No. 16F1 September 14, 2004 COLLIER COUNTY September 14, 2004 Page 49 of 132 g Page 3 of 6 BOARD OF COUNTY COMMISSIONERS Item Number 16F1H Item Summary Authorize the making of an Offer of Judgment to Respondent, Nellie Whitehurst. 'or Parcel No. 153 in the amount of $38.500.00 in the lawsuit styled Collier County v. John Frank Sudal, et al., Case No. 02- 5168 -CA ilmmokalee Road Project No. 60018). Meeting Date 8/1012004 9:00:00 AM Prepared By Date Jeffrey C. Clapper Legal Assistant 7,2912004 3:43:40 PM County Attorney County Attorney Office Approved By Lorraine Lantz Right Of Way Coordinator Date Transportion Services TECM -ROW 7,2912004 4:31 PM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 812i2004 5:40 PM Approved By Transportation Engineering! Gregg R, Strakaluse Construction Mgmt Director Date Transportation Engineering and Transportion Services Construction 8 %5!2004 8:47 AM Approved By Lisa Taylor ManagementlBudget Analyst Date Transportion Services Transportation Administration 815/2004 2:53 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 8,512004 3:05 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 8!512004 4:55 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 8111;2004 4:47 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 8112/2004 10:47 AM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 8!1712004 8:50 AM Approved By Michael Snrykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 8/1712004 9:23 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 811812004 4:47 PM Commissioners Agenda item No. 16F1 September 14, 2004 Agenda Item NBMMFq 11f 132 IN THE CIRCUIT COURT OF THE TIVENTIETH JUDICIAL �tO, �e4of6 14, 2004 IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, V. JOHN FRANK SUDAL, et al., Respondents. Case No.: 02- 5168 -CA Parcel No.: 153 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 August, 2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile IM ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER Agenda Item No. 16F1 September 14, 2004 Agend�at Item N8a1'6F11 hf 132 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CBm�r,�4, 2004 e5of6 IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, V. JOHN FRANK SUDAL, et al., Respondents. Case No.: 02- 5168 -CA Parcel No.: 153 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, 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, 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 Eight Thousand Five Hundred and No /100 Dollars ($38,500.00), for Parcel 153, which includes the amount of $26,100.00 which was deposited pursuant to the Order of Taking dated May 13, 2003. 1 Agenda Item No. 16F1 September 14, 2004 Agenda Item NBMER W 132 Se etember 14, 200.4 There are no non - monetary terms or other relevant conditions to this offer ex "t6# offer does include interest from the date of the Order of Taking but does not include 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 available for the Respondent's review upon reasonable notice of such a request. Dated this day of August, 2004. 2 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER Agenda Item No. 16F1 September 14, 2004 Agenda Item I & gt6 132 September 14, 2004 SHERIFF DON HUNTER -COLLIER COUNTY Page 1 of 7 3301 Tamiami Trail East, Bldg . J, Naples, FL 34112 ( 239) 774 - 4434 www.colliersheriff.org August 12, 2004 Collier County 3301 Tamiami Trail East Building F Naples, Florida 34112 Attn: Mr. Jim Mudd County Manager Re: Grant Application Dear Mr. Mudd, This letter serves to request your approval, in the Board's absence, to designate the Sheriff as the official applicant for fiscal year 2004 Law Enforcement and Service Provider Multidisciplinary Anti - Trafficking Task Forces Grant funds as outlined on the attached documents. The grant solicitation was just announced. The registration due date is September 2, 2004 and the application is due on September 9, 2004, before the next Board of County Commissioner's meeting. Time is of the essence in receiving your approval because a lengthy amount of staff time is needed to prepare the application. Our momentum in preparing the grant application will pick up upon receiving your response. We appreciate your help in this matter. Attachments A40-1 Sincerely, r! ) C tal K. Kinzel Finance Director "The duty of the Collier County Sheriff's Office is to preserve and protect the lives, property and constitutional guarantees of all persons." U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance Office for Victims of Crime Agenda Item No. 16FI September 14, 2004 Agenda Item f&qf6F'F1f 132 September 14, 2004 of 7 �arfi FY 2004 Law Enforcement and Service Provider Multidisciplinary Anti - Trafficking Task Forces GMS Registration Deadline: September 2, 2004 GMS Application Submission Deadline: September 9, 2004 Time dadt m as firm &-W YA roe be wbndod Dmmwd W1oW cm be *m owamnft ptae Ow aaorrI gb Agenda item No. 16F1 September 14, 2004 Agenda Item K?p91?P W 132 September 14, 2004 EXECUTIVE SUMMARY Page 3 of 7 RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS DESIGNATE THE SHERIFF AS THE OFFICIAL APPLICANT AND PROGRAM POINT -OF- CONTACT FOR THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, FY 2004 LAW ENFORCEMENT AND SERVICE PROVIDER MULTIDISCIPLINARY ANTI- TRAFFICKING TASK FORCES PROGRAM GRANT, TO ACCEPT THE GRANT WHEN AWARDED AND APPROVE BUDGET AMENDMENTS. OBJECTIVE: To seek approval from the Collier County Commission to designate the Sheriff as the official applicant and point -of -contact for the United States Department of Justice 2004 Law Enforcement and Service Provider Multidisciplinary Anti- Trafficking Task Forces Program grant, to accept the grant when awarded and approve applicable budget amendments. CONSIDERATION: 1. The Collier County Sheriffs Office has participated in anti-crime grant programs for fifteen years. 2. This is the fast year of the Law Enforcement and Service Provider Multidisciplinary Anti- Trafficking Task Forces Program 3. The purpose of the 2004 Law Enforcement and Service Provider Multidisciplinary Anti - Trafficking Task Forces Program is to provide funds to underwrite projects to support the development of Human Trafficking Task Forces designed to empower local law enforcement to better identify and interdict trafficking in its various forms. 4. The Sheriffs Office application will request federal funds totaling $424,942 to support the costs of one investigator, one victim advocate, vehicles and other equipment necessary for the program for three years. 5. The Bureau of Justice Assistance has implemented an internet -based system to support the 2004 Law Enforcement and Service Provider Multidisciplinary Anti- Trafficking Task Forces Program grant applications. 6. Fiscal year 2004 Law Enforcement and Service Provider Multidisciplinary Anti- Trafficking Task Forces Program grant applications must be completed online. 7. The formal designee of the eligible jurisdiction is allowed to apply for finding. 8. Board approval is needed for. designation of the Sheriff as the official applicant and point -of - contact for fiscal year 2004 Law Enforcement and Service Provider Multidisciplinary Anti - Trafficking Task Forces Program funds and to accept the grant when awarded; County Manager James V. Mudd's approval is needed, in the Board `s absence, to respond to the Bureau of Justice Assistance's online request to confirm the Sheriff as the official application and program point -of- contact; and approval upon award of budget amendments. 9. Grant funds will be sought to support the costs of this program's two positions at the end of the three year grant period. If grant funds are not available, costs will be included in the 2008 budget submission. FISCAL IMPACT: Twenty Five (250) percent ($144,648) local matching funds are available from the Confiscated Trust Fund Reserves and Federal Equitable Sharing. Funds will be appropriated in 2005, 2006, and 2007 for the grant match. GROWTH MANAGEMENT: No recurring costs for subsequent years. Agenda Item No, 16F1 September 14, 2004 Agenda Item K61gt6f 11f 132 September 14, 2004 Pa e4of7 RECOMMENDATION: That the Collier County Commission agrees to designate the �heriff as the official applicant and point -of- contact for the United States Department of Justice, Bureau of Justice Assistance, fiscal year 2004 Law Enforcement and Service Provider Multidisciplinary Anti- Trafficking Task Forces Program funds and to accept the grant when awarded, that the County Manager, in the Board 's absence, respond to the Bureau of Justice Assistance's online request to confirm the Sheriff as the official applicant, and upon an award approve applicable budget amendments. Certification of Confiscated Trust Fund Request This request is a legitimate expenditure of Confiscated Trust Funds under Section 932.7055 (4xa) Florida Statues to provide matching funds to obtain federal grants. APPROVED DATE: Agenda item No. 16F1 September 14, 2004 Agenda Item K&gtVjV 132 September 14,xr,,2004 The costs for the positions off the grant for the Year after the grant ends (2008) are projected to beM 7�f Grant funds will be sought to fund these costs If grant funds are not available funds will be requested in our annual buds request .. Agenda Item No, 16F1 September 14, 2004 Agenda Item N[&gfP1jf 132 September 14, 2004 Page 6 of 7 .This item was approved by County Manager Jim Mudd, in Board Chairman Donna Fiala's absence on: g . - - Date t ljCounty Manager Jim Mudd IINMLMM� 1�.l,Qc,• C .! A as to jorm Agenda Item No. 16F1 Septem er 14, 2004 Agenda Item No. d i59 of 132 COLLIER COUNTY September 14, 20 4 Page 7 of 7 BOARD OF COUNTY COMMISSIONERS Item Number 16F11 Item Summary To designate the Sheriff as the official applicant for Fiscal year 2004 Law Enforcement and Service Provider Multidisciplinary Anti - Trafficking Task Forces Grant funds. Meeting Date 8;1012004 9:00:00 AM Approved By Pat I_ehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 8116/2004 12:44 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 8/18/2004 9:20 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 8/18/2004 6:22 PM Commissioners Agenda Item No. 16F1 September 14, 2004 ' Agenda itd19t6P'Y 132 APPROVAL OF BUDGET AMENDMENTS September 14, 2004 In Board's Absence (BCC Agenda of 8/24/04) Page 1 of 2 MSTD General (Fund 111) Budget Amendment #04 -420 eratin Fuel and Lubricants -ISF $10,000 Reserves Reserve for Contingencies (10,000) Total -0- Explanation: Funds are needed to cover increase in fuel costs for FY 04. Collier County Services for Seniors (Fund 123) Budget Amendment #04439 Capital Autos and Trucks Reserves Reserve for Contingencies Total $24,370 (24,370) -0- Explanation: Funds are needed to purchase two vehicles for the Human Services Department to conduct in -home assessments. Teen Court (171) Budget Amendment #04441 Salaries $6,000 Reserves Reserve for Contingencies (6,000) Total -0- Explanation: Funds are needed to cover salaries for the remainder of FY 04. Prepared By: Pat Lehnhard, Administrative Assistant Date: August 18, 2004 Agenda Item No. 16F1 Agenda Item 16F�eptember 14, 2004 COLLIER COUNTY September 14, 2004 Page 61 of 132 Page 2 of 2 BOARD OF COUNTY COMMISSIONERS Item Number 16F1J Item Summary Approval of Budget Amendment Report. Meeting Date 812412004 9:00 00 AM Approved By Pat Lehnhard County Manager's Office Administrative Assistant Office of Management & Budget Date 8/17?2004 11:19 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 8!19;2004 3:13 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 8`2012004 12:07 PM Commissioners Agenda Item No, 16F1 September 14, 2004 Agenda Item N8MtRRf 132 APPROVAL OF BUDGET AMENDMENTS September 14, 2004 In Board's Absence (BCC Agenda of 8124104) Page 1 of 2 Isles of Capri Fire (Fund 144) Budget Amendment #04448 Transfers Transfer to Tax Collector $3,000 Reserves Reserve for Contingencies (3,000) Total -0- Explanation: Funds are needed to cover additional transfers to the Tax Collector. Prepared By: Pat Lehnhard, Administrative Assistant Date: August 24, 2004 Item Number Item Summary Meeting Date Approved By Agenda Item No, 16F1 Agenda Item No. 16F1September 14, 2004 COLLIER COUNTY September 14, 2004 Page 63 of 132 Page 2 of 2 BOARD OF COUNTY COMMISStONERS 16F1K Approval of Budget Amendment Report. 81241'2004 9:00:00 Aid Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 8124;2004 1:57 PM Approved By Michael Smykowski Management 8, Budget Director Date County Manager's office Office of Management & Budget 8/2712004 8:08 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 812712004 10:44 AM Agenda Item No_ 16F1 September 14, 2004 Agenda Item K?p.gfV1jf 132 September 14, 2004 EXECUTIVE SUMMARY Page 1 of 3 Recommendation to establish the FY04 budget for the Conservation Collier Land Management Trust Fund by transferring $1,664,100 from the Conservation Collier Land Acquisition Trust Fund consistent with the requirements of the Ordinance 2002 -63 that implements the Conservation Collier Program. OBJECTIVE: To establish the FY04 budget for the Conservation Collier Land Management Trust Fund. CONSIDERATION: In November 2002, the voters approved a referendum that authorized the County to issue bonds up to $75,000,000 to acquire, preserve and manage environmentally sensitive lands for the protection of water resources, wildlife habitat and public open space. Subsequent to the referendum the Board of County Commissioners adopted Ordinance 2002 -63 to implement the program. Ordinance 2002 -63 created the Conservation Collier Land Management Trust Fund for the preservation, enhancement, restoration, conservation and maintenance of environmentally sensitive lands that either have been purchased with monies from the Lands Acquisition Trust Fund, or have otherwise been approved for management. The Conservation Collier Land Management Trust Fund shall receive monies from the following sources: a. Ad- valorem taxes collected for Conservation Collier in an amount not to exceed 15% of the total collected in any one year. b. All monies accepted by Collier County in the form of federal, State, or other governmental grants, allocations, or appropriations, as well as foundation or private grants and donations, for management of lands acquired with the Conservation Collier Acquisition Trust Fund or otherwise approved for management. c. Additional allocations as may be made by the Board of County Commissioners as necessary from time to time for purposes strictly consistent with the goals and purposes of Conservation Collier. d. All interest generated from the sources identified herein, except where monies received have been otherwise designated or restricted. Disbursements from the Conservation Collier Land Management Trust Fund shall be made by the County Manager or his or her designee only in accordance for the authorized purposes set forth in Ordinance 2002 -63. Now that the County has purchased properties and is in the process of creating the required land management plans, the Land Management Trust Fund and budget needs to be established. FISCAL IMPACT: Fifteen percent (15 %) of the ad- valorem taxes collected for the Conservation Collier program for FY04 amounted to $1,664,100 and will be transferred from the Lands Acquisition Trust Fund to the Land Management Trust Fund. Because the County has already acquired properties, an expense budget for FY04 is also needed. Accordingly, staff Agenda Item No. 16F1 September 14, 2004 Agenda Item K?ja 132 September 14, 2004 Page 2 of 3 recommends that $10,000 be budgeted for Contractual Services within the FY04 Land Management Trust Fund budget. GROWTH MANAGEMENT IMPACT: 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 of County Commissioners establish the Conservation Collier Management Trust Fund by transferring $1,664,100 from the Conservation Collier Land Acquisition Trust Fund, establishing a $10,000 Operating Budget in the Land Management Trust Fund for FY04, and approve the necessary budget amendments. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Item No. 16F1 Agenda Item No. 1@p#ember 14, 2004 September 14, 2004 Page 66 of 132 Page 3 of 3 Item Number 16F11- Item Summary Recommendation to establish the FY04 budget for the Conservation Collier Land Management Trust Fund by transferring S1,664,100 from the Conservation Collier Land Acquisition Trust Fund consistent with the requirements of the Ordinance 2002 -63 that implements the Conservation Collier Program. Meeting Date 8/10/2004 9:00:00 AM Prepared By Date William D. Lorenz, Jr., P.E. Environmental Services Director 815!2004 5:28:51 PM Community Development & Environmental Services Environmental Services Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 8!6 ?2004 9:07 AM Approved By Denton Baker Financial Admin & Housing Director Date Community Development & Environmental Services Financial Admin. & Housing 8!612004 10:49 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 8,,912004 10:19 AM Approved By Community Development & Joseph K. Schmitt Date Environmental Services Adminstrator Community Development & Community Development & Environmental Services Environmental Services Admin. 81912004 2:20 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 819/2004 3:02 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 8!1012004 9:05 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 812712004 11:30 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 8!2712004 4:48 PM Agenda Item No. 16F1 September 14, 2004 Agenda Item Nd'at fffrAf 132 APPROVAL OF BUDGET AMENDMENTS September 14, 2004 In Board's Absence (BCC Agenda of 8/24/04) Page 1 of 2 Isles of Capri Fire (Fund 144) Budget Amendment #04 -471 Personal Services Overtime $25,000 Reserves Reserve for Contingencies (25,000) Total -0- Explanation: Funds are needed to cover final FY 04 payroll. PREPARED BY: Pat Lehnhard, Administrative Assistant, Office of Management & Budget Item Number Item Summary Meeting Date Approved By Michael Smykowski County Manager's Office Agenda Item No. 16F1 Agenda Item No. 16171 September 14, 2004 COLLIER COUNTY September 14, 2004 Page 68 of 132 Page 2 of 2 BOARD OF COUNTY COMMISSIONERS '6F1M Approval of Budget Amendment 8'24;2004 9:00'00 AM Management & Budget Director Office of Management & Budget Date 8731;2004 9:10 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's C°f,--e 8!31;2004 10:41 AM Agenda Item No. 16F1 September 14, 2004 Agenda Item NBag1091 of 132 September 14, 2004 EXECUTIVE SUMMARY Page 1 of 2 Recommendation to approve a budget amendment to transfer funds for Personal Services among various Public Utilities cost centers in the amount of $188,900 and from Reserve for Contingencies in the amount of $140,000 for a total of $328,900. OBJECTIVE: That the Board of County Commissioners, as Ex- officio the Governing Board of the Collier County Water -Sewer District authorize a budget amendment to allow funds to be transferred from various cost centers and Reserve for Contingencies to offset Personal Services deficits in different cost centers within the County Water /Sewer Operating Fund (408). CONSIDERATIONS: Salary shortfalls exist in regular salaries for the following fund centers: Public Utilities Financial Operations, Public Utilities Billing, Public Utilities Assessments, Water Administration, Water Distribution, Water Laboratory, Wastewater Administration, Stake & Locate, Wastewater Reuse, Wastewater Laboratory, Wastewater Collections, and Wastewater Treatment Plant — South. These shortfalls exist due to a number of reasons such as: under - budgeting of shift differential and merit increases, five percent increases in salaries for Water and Wastewater personnel for certifications received during the year and a transfer of a position to Water Distribution from Pollution Control. As a result of the above, the payroll budget was underestimated in various cost centers in the Water /Sewer operating fund. Salary surpluses exist in the following cost centers and will be used to help offset the deficits in the above cost centers: Public Utilities Administration, Public Utilities Engineering, South County Regional Water Treatment Plant, North County Regional Water Treatment Plant, and the Immokalee Road Wastewater Treatment Plant. Approval of this amendment by the County Manager is subject to formal ratification by the Board of County Commissioners. If the Board does not ratify the decision by the County Manager, this amendment shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by the Board. FISCAL IMPACT: Funds are available in County Water /Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no growth management impact as a result of this budget amendment. RECOMMENDATIONS: That the Board of County Commissioners, as Ex- officio the Governing Board of the Collier County Water -Sewer District approve the necessary budget amendment in the amount of $328,900 for County Water /Sewer Operating Fund (408). Agenda Item No, 16F1 Agenda Item No. 16F1 -September 14, 2004 COLLIER COUNTY September 14, 2004 Page 76 of 132 Page 2 of 2 BOARD OF COUNTY COMMISSIONERS Item Number 16F1N Item Summary Recommendation to approve a budget amendment to transfer funds for Personal Services among various Public Utilities cost centers in the amount of S188,900 and from Reserve for Contingencies in the amount of $140,000 for a total of $328,900. Meeting Date 81124:72004 9:00:00 AM Prepared By Date Bala Sridhar Senior ManagementBudget Analyst 81612004 7:55:21 AM Public Utilities Public Utilities Operations .Approved By Joseph B. Cheatham Wastewater Director Date Public Utilities WasteWater Treatment 816(2004 8:28 AM .Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations &912004 9:05 AM Approved By Paul Mattausch Water Director Date Public Utilities Water 8 19;2004 1:00 PM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 8!1012004 8:46 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 8!10i2004 3:31 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 8!11!2004 11:26 AM Approved By Randy Greenwald Manage ment'Budget Analyst Date Board of County Commissioners Office of Management & Budget 8/3112004 1:31 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 8i31/2004 2:23 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget &31i2004 4:09 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 91112004 9:56 AM Agenda Item No, 16F1 September 14, 2004 Agenda Item Nb' W 16t 132 September 14, 2004 Page 1 of 2 EXECUTIVE SUMMARY Approve a Budget Amendment to transfer funds from Pelican Bay Services Division Uninsured Asset Fund Reserves to Operating OBJECTIVE: Approvz a Budget Amendment to Transfer Funds from PBSD Uninsured Asset Fund Reserves to Operating. CONSIDERATIONS: The Pelican Bay Services Division Uninsured Asset fund was established to cover expenditures caused by events such as Hurricane Charley. The PBSD incurred moderate damage to our facilities and the Clam Bay Estuary System from this storm event. This Budget Amendment for $403,000 is for funds to continue the necessary Hurricane cleanup by allocating funds coming from Uninsured Asset Reserves and establishing the necessary cost centers and commitment items within the fund. A portion of these funds may be reimbursed by FEMA. However, the amount of the reimbursement is unknown at this time and the Division is requesting this Budget Amendment to continue hurricane cleanup efforts. FISCAL IMPACT: Funds in the amount of $403,000.00 are available in Uninsured Asset Fund Reserves. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: Approve a Budget Amendment to transfer funds from PBSD Uninsured Asset Fund Reserves to Operating. Agenda Item No. 16F1 Agenda Item No. 16F18eptember 14, 2004 COLLIER COUNTY September 14, 2004 Page 72 of 132 Page 2 of 2 BOARD OF COUNTY COMMISSIONERS Item Number 16F10 Item Summary Approve a Bucket Amendment to transfer funds from Pelican Bav Services Di,nsion Uninsured Asset Fund Reserves to Operating. Meeting Date 8.'24;2004 9:00:00 ,At,A Prepared By Date James Ward Director 812612004 4:19:31 PM Board of County Commissioners Pelican Bay Services Approved By Jean C.Smith County Manager's Office Operations Analyst Pelican Bay Services Date 8i26i2004 4:52 PM Approved By Michael Smykowski ;Management & Budget Director Date County Manager's Office Office of Management & Budget 81131/2004 11:59 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9112004 6:22 PM Agenda Item No. 16F1 September 14, 2004 Agenda Item N8a9C1I pf 132 September 14, 2004 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve a Bare License Agreement with Bay West Nursery, Inc., for the placement of a sign within Old U.S. 41 right -of -way for annual revenue of $100. OBJECTIVE: Obtain approval and execution of a Bare License Agreement (License) with Bay West Nursery, Inc. CONSIDERATIONS: Bay West Nursery, Inc. (Nursery) is located at 16121 Old U.S. 41. On April 27, 2004, Karen Bishop of PMS, Inc., of Naples, on behalf of the Nursery, petitioned the Board of County Commissioners, under Item 11A, for permission to place a business sign within Old U.S. 41 right -of -way at the Nursery's entrance. The Board requested staff to consider the request. An agreement has been reached with the Nursery to use 30 square feet at the approximate location shown on attached Exhibit "A." The License is for five years commencing August 1, 2004, and ending July 31, 2009. The rental, throughout the life of the License, including the renewal period, will be $100 annually. Prior to installation, the Nursery must submit design plans of the sign to the county for approval. The county may terminate the Agreement, at anytime if the property is needed by the county, by providing the Nursery with as much written notice as possible of its intention to terminate. To comply with Florida Statute 125.38, the Board must declare that the Licensed area is not required for county purposes at this time. A Resolution for this purpose is attached. FISCAL IMPACT: The annual $100 rental will be paid annually and be deposited into the Transportation Services (101). GROWTH MANAGEMENT IMPACT: There in no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve and authorize Chairman Fiala to execute the attached Bare License Agreement and related Resolution. Agenda Item No, 16F1 September 14, 2004 Agenda Item No. l 74 of 132 COLLIER COUNTY September 14, 2004 Page 2 of 7 BOARD OF COUNTY COMMISSIONERS Item Number 16F1P Item Summary Recommendation to approve a Bare License Agreement with Bay West Nursery, Inc. for the placement of a sign within old U.S. 41 right -of -way for annual revenue of $100. Meeting Date 8110/2004 9:00:00 AM Prepared By Date Michael H. Dowling Property Management Specialist 8/1712004 10:37 :48 AM Administrative Services Facilities Management Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Engineering and Transportion Services 8/19/2004 4:37 PM Construction Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin, 8/20/2004 8:19 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 91112004 11:34 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/2/2004 9:55 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/2/2004 1:47 PM RESOLUTION No. 2004 - Agenda Item No. 16F1 September 14, 2004 Agenda Item N&IM Pf 132 September 14, 2004 Page 3 of 7 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A BARE USE LICENSE AGREEMENT BETWEEN COLLIER COUNTY AND BAY WEST NURSERY, INC. FOR USE OF VACANT PROPERTY WTI'HIN A COUNTY -OWNED RIGHT -OF -WAY. WHEREAS, Bay West Nursery, Inc. ( "Bay West ") desires to least: thirty square foot of unimproved property within a County -owned right -of -way, located at 16121 Old U.S. 41. WHEREAS, the Bare License Agreement provides for a five (5) year term with an annual rent of $100.00 for each year throughout the life of the Agreement. WHEREAS, the Board of County Commissioners is satisfied that this property may be used for Bay West and is not needed for County purposes at this particular time. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners does approve the attached Bare License Agreement between Collier County and Bay West Nursery, Inc. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Bare License Agreement. This Resolution adopted this day of 2004 after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMIiSSIONERS COLLIER COUNTY, FLORIDA BY: _ BY: Deputy Clerk DONNA FIALA, Chairman Approvdd as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney Agenda Item No. 16F1 September 14, 2004 BARE LICENSE AGREEMENT TO INSTALL ODk~tem NOMEM pf 132 September 14, 2004 Page 4 of 7 BARE LICENSE BETWEEN THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND BAY WEST NURSERY, INC., A FLORIDA CORPORATION, APPROVING THE USE OF COUNTY. OWNED PROPERTY FOR THE PURPOSE OF INSTALLING ONE SIGN. This Limited Use Bare License Agreement entered into this day of , 2004, by and between Collier County, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as " "Board " ", and Bay West Nursery, Inc., a Florida corporation, whose mailing address is 1260 Deer Run Lane, Naples, Florida 34120 hereinafter referred to as LICENSEE. . 1. LICENSEE requests the use of thirty (30) square feet of County -owned land for the purpose of INSTALLING ONE SIGN. The Board hereby approves the use of County -owned property identified as 16121 Old U.S. 41 as shown in Exhibit "A" which is attached and made a part hereof, hereinafter referred to as "Property." 2. The approval of the use of the Property by the LICENSEE is expected to extend for at least five (5) years. This agreement is a bare license. The County can cancel this agreement at any time without incurring any liability or expense whatsoever. However, the County will cancel this Agreement only for a valid reason and the County will endeavor to give the LICENSEE as much advance notice as is then possible in the event of any cancellation of this license. LICENSEE shall remove the sign not later than thirty (30) days after receipt of notice of cancellation. LICENSEE shall acquire all required permits. 3. LICENSEE shall provide and maintain general liability insurance policy(ies), approved by the Collier County Risk Manager, for not less than One Million Dollars ($1,000,000.00) combined single limits during the term of this Agreement. Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Real Property Management Department, 3301 East Tamiami Trail, W. Harmon Turner Building, 8`h Floor, Naples, Florida, 34112, for approval and shall include a provision requiring ten (10) days prior written notice to Collier County Risk Management Department Director with a copy to the Real Property Management Department in the event of cancellation. Board shall be granted the right to revise said insurance policies throughout the term of this Agreement when deemed necessary. 4 LICENSEE shall hold harmless and defend Collier County, the Board of County Commissioners of Collier County, Florida, and their agents and employees, from any claims, assertions or causes of action for any loss, injury or damage to persons or property arising from or associated with the LICENSEE'S activities and/or use of the Property. LICENSEE further agrees to indemnify Collier County and the Board of County Commissioners of Collier County for any costs, expenses or fees, including attorneys' fees (including all appeals), arising from any and all claims and/or causes of action whatsoever arising from or associated with the LICENSE'S activities and/or use of the Property. 5. This Agreement is not assignable. Any attempt to assign this Agreement is void ab initio. Agenda Item No, 16F1 September 14, 2004 AS TO THE LICENSEE: Agenda Item NOMER pf 132 September 14, 2004 DATED: BAY WEST NURSERY, INC. Page 5 of 7 By: First Witness (signature) KENNETH E. CLESEN First Witness (print name) Second Witness (signature) Second Witness (print name) ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, Chairman 2 "''�.' -._�i�� -,� � e�.•s -p4. .ate -i, s ar mod. Af PF C'' '� 0 r!t' LLI— cci c� C:� Cj) I CO Mi 7n R► CD CD rmlw Exhibit "A" Page 2 of 2 ;Agenda Item No. 16171 September 14, 2004 Agenda Item N&IM Pf 132 September 14, 2004 Page 7 of 7 0 0) Agenda Item No. 16F1 September 14, 2004 Agenda Item NBa9'6gggf 132 EXECUTIVE SUMMARY September 14, 2004 Page 1 of 20 Recommendation to approve Work Order HS- FT -04 -05 per RFP 00 -3119 for utility engineering services to interconnect the Tamiami and Hawthorn Wellfields up to an amount not exceed $159,970; Project 710061 OBJECTIVE: To increase the reliability of the public water supply by providing a raw water main to route Tamiami Wellfield water to the North County Regional Water Treatment Plant (NCRWTP) reverse osmosis (RO) treatment process. CONSIDERATIONS: The proposed scope of work is consistent with the 2003 Update to the Water Master Plan as adopted by the Board on May 25, 2004 as Agenda Item 10 D. The proposed work order will further the process to enhance reliability of the NCRWTP RO Wellfield given the continuing trend of declining quality and quantity from the existing Lower Hawthorn wells. The intent of the proposed work order is to give staff the capability and flexibility to provide a more reliable supply of water to the NCRWTP for RO treatment in time to meet demand during peak season 2005. This will be accomplished by fast - tracking a project to interconnect the Tamiami Wellfield with the Hawthorn Wellfield. The proposed route is along 12'h Avenue NW which is the shortest distance to interconnect the two wellfields. The attached figure shows the proposed alignment along 12`h Avenue NW road right -of -way from the existing Tamiami Wellfield raw water main in the vicinity of Well 31 and Wilson Boulevard to the existing NCRWTP RO Wellfield raw water mains in the vicinity of Well RO -16N. The proposed alignment will require permission from SFWMD to cross their drainage canal. A booster pumping system, if warranted, is proposed on County Park property adjacent to Well RO -16N. The proposed work order is for design, permitting, surveying, services during procurement of construction services, construction contract administration, and detailed observation during construction of a new raw water main, and if needed, a booster pumping facility. The proposed procurement method is to solicit quotes for work orders from construction contractors under fixed -term contracts for the various trades and disciplines required to complete the work. Hazen and Sawyer, P.C. is the engineering firm selected for this work. The proposed fees are summarized by task in the attached work order. The scope of work is consistent with the intent of the Fixed -Term Utility Engineering Services Contract pursuant to RFP 00 -3119. During negotiations, staff negotiated fees that are fair and reasonable given the level of complexity and order of magnitude of this project. The proposed method of compensation for all tasks will be time and reimbursable expenses with an upper limit cost - not -to- exceed. The proposed compensation method is appropriate for engineering services which must start quickly before detailed scopes of work for all tasks can be clearly defined. This project must start quickly and adhere to an accelerated, yet Executive Summary Amend Work Order HS- FT -04 -05 Page 2 Agenda Item No. 16F1 September 14, 2004 Agenda Item N&I96FI tIt 132 September 14, 2004 Page 2 of 20 achievable, schedule to provide an additional source of water to the NCRWTP RO process in time for peak season 2005. FISCAL IMPACT: Funds in the amount of $159,970 are available for this project. The intent of the proposed work is consistent with the Water Capital Budget funds budgeted for FY 04 for Project 71006, NCRWTP RO Wellfield Reliability, as approved by the Board on September 18, 2003. Source of funds is Water User Fees (412). GROWTH MANAGEMENT IMPACT: Projects funded with User Fees (412) have no impact on the Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex- officio Governing Board of the Collier County Water -Sewer District, approve and authorize the Public Utilities Engineering Director to execute Work Order HS- FT -04 -05 for engineering services to interconnect the Tamiami and Hawthorn Wellfields, up to an amount not -to- exceed of $159,970 for Project 710061. Fset 00 0 750 1,5 3000 4,500 fi3ODa DEER R4.4 LN NI 15TH AVE NW 18TH AVE NE 15TH AVE E E III p0 JUNG BLVD W JUNG BLVD E JUNG SLVV 4E x KERIISLAND RD A 18TH AVE NW 18TH AVE NE 18TH AVE SHADY N 14TH AVE NW 14TH AVE NE 14TH AVE E 112TH AVE NE 12TH AVE E E �'a vo. �^ '�Propoeed IDTH AVE NW interconnect 10TH AVE NE 10TH AVE m z :Z I y Z Z y w -144 Z Z G ^ rr" m m X m Z m GOLD N GATE LVD W q0 G EN GA BLVD E e Fset 00 0 750 1,5 3000 4,500 fi3ODa Agenda Item No. 16F1 Agenda Item No. 16F1$eptember 14, 2004 COLLIER COUNTY September 14, 2004 Page 82 of 132 Page 3 of 20 BOARD OF COUNTY COMMISSIONERS Item Number 16F1Q Item Summary Recommendation to approve Work Order HS- FT -04 -05 per RFP 00 -3119 for utility engineering services to interconnect the Tamiami and Hawthorn Wellfields up to an amount not exceed S159,970: Project 710061. Meeting Date 8!24;2004 9:00:00 AM Prepared By Date Karl W. Boyer, P.E. Principal Project Manager 8!2412004 8:06:01 AM Public Utilities Public Utilities Engineering Approved By Linda Jackson Contracts Agent Date Administrative Services Purchasing 8124/2004 8:08 AM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 812412004 9 :49 AM Approved By Steve Carrell Purchasing /General Svcs Director Date Administrative Services Purchasing 8!241200411:47 AM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 8!241'2004 12:19 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 812412004 12:36 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 8/2412004 4:56 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 8125(2004 9:36 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 8130/2004 8:26 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/2/2004 12 :27 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/212004 3:21 PM Agenda Item No. 16171 WORK ORDER HS- FT -04 -05 September 14, 2004 Agreement for Fixed Term Utilities Engineering SeAgwda Item N8a916Fqgf 132 Contract #00 -3119 Dated April 10, 2001 September 14, 2004 This Work Order is for professional engineering services for work known as: Page 4 of 20 Project: 12'h Avenue Tamiami Interconnect for the North County Regional Water Treatment Plant The work is specified in the proposal dated August 18, 2004, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order HS- FT -04 -05 is assigned to Hazen and Sawyer, P.C. Scone of Work: This work order provides engineering services for the design, permitting, construction administration, construction observation, and startup and testing support for an interconnect and possible booster pump station along 12'b Avenue near production well RO -16N. This project is intended to provide additional water to the North County Regional Water Treatment Plant. The work authorization is broken down into tasks as follows: "Task 1 - Preliminary Design Task 2 - Final Design Task 3 - Permitting Task 4 - Construction Bid Services Task 5 - Construction Contract Administration Task 6 - Detailed Observation Task 7 - Additional Services Task 8 - SCADA Schedule of Work: The duration of major work tasks are summarized below: Description Completion Time from Notice -to- Proceed" Task 1 - Preliminary Design 3 weeks Task 2 - Final Design To be determined Task 3 - Permitting To be determined Task 4 - Construction Bid Services To be determined Task 5- Construction Contract Administration To be determined Task 6- Detailed Observation As needed Task 7 - Additional Services As needed Task 8 - SCADA Note A: Unless otherwise noted Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). The compensation for engineering services provided under this work order shall be on a Time and Material basis with a not -to- exceed amount of $159,970.00 (Engineering - S112,820, Surveying and Geotechnical - $15,000, and Additional Services including SCADA - $32,150). A cost breakdown by task for engineering services described in this work order follows: Description Time and Materials Not -to- Exceed Fee Task 1- Preliminary Design $ 18,830 Task 2 - Final Design $ 53,650 Task 3 - Permitting $ 16,220 Task 4 - Construction Bid Services $ 3,390 Task 5- Construction Contract Administration $ 13,310 Task 6 - Detailed Observation $ 22,420 Task 7 - Additional Services $ 15,070 Task 8 - SCADA $ 17,080 Total - Labor and Expenses (Not -to- Exceed) $ 159,970 Boca:rad90758.tmp:08 -18 -04 Page I of2 Agenda item No. 16F1 WORK ORDER HS- FT -04 -05 September 14, 2004 Agreement for Fixed Term Utilities Engineering Seaget-da Item NBagCIMIcIf 132 Contract #00 -3119 Dated April 10, 2001 September 14, 2004 Page 5 of 20 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: Karl W. Boyer, P.E., PUED Principal Project Manager Date AUTHORIZED BY: Stephen Y. Carnell, Purchasing Director Date AUTHORIZED BY: Paul Mattausch. Water Director APPROVED BY: Roy B. Anderson, P.E., Utilities Engineering Director Approved as to Form and Legal Sufficiency: Assistant County Attorney Date: Witnesses (2) Fund:412 CC:273512 G/L Account ACCEPTED BY: Date Date BY: Albert Muniz, Vice President Hazen and Sawyer, P.C. Project Number: 71006 Boca.rad90758.tmp:08 -18 -04 Page 2 oft Agenda Item No. 16F1 September 14, 2004 Agenda Item N6a9 '6Fqqf 132 September 14, 2004 Page 6 of 20 ATTACHMENT A Collier County County Work Order HS- FT -04 -05 Collier County Project No.: 71006 North County Regional Water Treatment Plant ( NCRWTP) 12th Avenue Tamiami Interconnect Date: August 18, 2004 PREAMBLE The Board of County Commissioners of Collier County (hereinafter COUNTY) requested Hazen and Sawyer, P.C. (hereinafter CONSULTANT) to provide engineering services for design, permitting and construction management of an interconnect between the Tamiami Wellfield and the existing lower Hawthorn Wellfield to provide additional raw water to the North County Regional Water Treatment Plant ( NCRWTP). The proposed interconnect will consist of a raw water transmission main crossing the canal near existing RO Production Well No. 16 (RO -16N), which is located adjacent to 12`h Avenue. A booster pump station may be required to accommodate pressure requirements. A hydraulic evaluation will be conducted to determine the need for booster requirements. This project is needed to supply the NCRWTP with additional fresh raw water for blending with more saline water to allow operation of the existing RO process. It is anticipated that Tamiami Wellfield water will be blended with waters from saline production wells to produce a blend that can be treated with the existing RO membranes. The County recognizes that this project is intended to solve a short-term issue and that the long term raw water supply issues are being developed concurrently with this project. The COUNTY's goal is to have this work completed before February 2005 to meet projected demands. The COUNTY recognizes that this project must be fast - tracked to attain this goal. This work order provides engineering services for the design, permitting, construction administration, construction observation, startup and testing, and training support for the interconnection between the Tamiami Wellfield and the North County RO Wellfield. This work authorization includes the following Task: Task 1 — Preliminary Design Task 2 — Final Design Task 3 — Permitting Task 4 — Construction Bid Services Task 5 — Construction Contract Administration Task 6 — Detailed Observation Task 7 — Additional Services Task 8 - SCADA Based on preliminary discussion with the COUNTYthe following criteria shall be considered during rad33757.tmp 91112004 Page 1 of 15 design: Agenda Item No. 16F1 September 14, 2004 Agenda Item N&1'6Fgof 132 September 14, 2004 Page 7 of 20 1. The project shall include the design and permitting of a raw water transmission interconnect between the Tamiami Wellfield and the RO Lower Hawthorn Wellfield near 12"' Avenue. 2. The proposed interconnect will provide between 1 -3 million gallons per day (mgd) of raw water to the existing RO Wellfield; 3. The operational strategy consists of blending fresh water from the Tamiami Wellfield with Saline water from the lower Hawthorn Wellfield to produce a fresher raw water source that can be treated by the existing RO membranes. No change in the COUNTYs consumptive use permit is anticipated; 4. If required, the booster pump station and materials will comply with COUNTY standards; 5. The design will use existing maintenance access road(s) to the proposed construction site. It is assumed that the needed easements will be obtained by others; The work in each phase will be dependent on recommendations developed in preceding phases. Consequently the fees for the scope of services can only be roughly estimated at this time. Due to the fast track nature of this project, the scope and fee will be roughly estimated and included in this work authorization on a time and material basis with a maximum not -to- exceed upper limit. This approach will allow for flexibility and for the project to proceed on the fast track basis requested by COUNTY. As the project progresses and the scope of work is better defined, the scope and fees will be equitably adjusted as needed. SCOPE OF SERVICES TASK 1 — PRELIMINARY DESIGN 1.1 — Review of Existing Conditions and Data Collection The first task will include collection of existing data to clearly define the infrastructure present. As- built drawings will be provided by the COUNTY as requested. A single line schematic will be prepared showing the anticipated interconnect. Operating protocol (i.e., blending ratios) will be prepared by others and provided for use in the overall evaluation. 1.2 — Pre - Design Workshop for Interconnect Meet with COUNTY staff, FPL representatives, and other delivery team members in a brain- storming session to develop and finalize design criteria for the proposed interconnect. Th is meeting will consist of an 8 -hour session to develop and finalize design criteria needed for completion of the final design. The tentative agenda for the workshop is as follow: Meet with all team members for 1 -2 hours to layout strategy Team breaks and CONSULTANT develops draft preliminary design Reconvene entire team to review draft CONSULTANT finalizes draft preliminary design As many of the design parameters as possible will be developed during the pre - design workshop including descriptions of intended use, planning level assumptions for future use, operating scenarios, location of existing easements, necessity for additional easements, exact location of proposed canal crossing, piping material, type of crossing (i.e., aerial or sub - aqueous), pressure rad33757.tmp 91112004 Page 2 of 15 Agenda Item No, 161`1 September 14, 2004 Agenda Item N &a116F1of 132 September 14, 2004 Page 8 of 20 requirements, blending ratios, and method of contractor selection. The need for a booster pump station will be discussed during this meeting; however, since hydraulic requirements have not been finalized, the final determination for additional pressure requirements will not be finalized until completion of the hydraulic analyses. A preliminary hydraulic analysis will be performed during the preliminary design workshop as will the draft Preliminary Design Memorandum. The analysis of potential pipeline and power routes shall be completed in conjunction with raw water transmission system modeling prepared under Task 1.2.1. Preliminary design criteria related to pipe sizing, pump sizing, and operating scenarios will be developed during the workshop. The CONSULTANT shall coordinate with FPL on additional power requirements for the booster pump station. 1.2.1 — Preliminary Hydraulic Analyses This task includes update of the raw water transmission system model. The model will be used to evaluate the system under steady state conditions. The model will be used in conjunction with other work elements to evaluate the sizing and selection of raw water transmission system piping and pumping systems. The computer model shall utilize either KYPIPE or WaterCAD hydraulic modeling software; however, the final deliverable shall be KYPIPE 2000 or latest edition. It is assumed that the hydraulic model prepared for the lower Hawthorn Wellfield will be revised to incorporate applicable parts of the Tamiami Wellfield hydraulic model prepared by others and provided to CONSULTANT by the COUNTY. The analyses will be conducted to determine the hydraulic requirements associated with interconnection of the two wellfields. Due to the fast track nature of this project the computer models of the raw water transmission system shall not be calibrated. The models may be calibrated under a future work assignment at the discretion of the County. The COUNTY recognizes that the selection of parameters for a booster pump station will be designed conservatively with the assumption that the existing Tamiami Wellfield pumps and motors will be used. Hence, due to the fast track nature of this project, the design must proceed using conservative assumptions. It is assumed the back -flow prevention mechanisms will be required to separate the Tarniami Wellfield raw water system from the brackish water,wellfield. The findings of the analyses shall be incorporated into the preliminary design memorandum. 1.2.2 — Preliminary Design Technical Memorandum Prepare a draft preliminary design technical memorandum that incorporates the findings developed during the Task 1 pre - design workshop and the preliminary hydraulic analysis. The draft memorandum will be discussed at the conclusion of the workshop. Eight (8) copies of the draft preliminary design technical memorandum shall be submitted to the COUNTYand reviewed during the workshop. Comments obtained during the workshop meeting will be incorporated into the preliminary design technical memorandum. A final draft will then be forwarded to the COUNTY for final review. Attend one additional meeting with the COUNTYto collect final input on the draft memorandum. This meeting will be scheduled within two weeks of submittal of the final draft memorandum. Comments received during review of the draft preliminary design technical memorandum review rad33757.tmp 91112004 Page 3 of 15 Agenda Item No, 161=1 September 14, 2004 Agenda Item N8a16Fqgf 132 September 14, 2004 Page 9 of 20 meeting shall be incorporated and a final version of the memorandum shall be prepared. Eight (8) copies of the final preliminary design technical memorandum shall be submitted to the COUNTY. TASK 2 — FINAL DESIGN 2.1 — Engineering Design Survey Employ the services of a Certified Land Surveyor in the State of Florida (SURVEY SUBCONSULTANT), to perform an Engineering Design Survey. The Engineering Design Survey shall include the following: 1. In the survey area locate all existing aboveground pipes, valve boxes, water /electrical meter boxes, electrical pull boxes, telephone /cable risers, fences, hydrants, aboveground utilities, wood /concrete utility poles, overhead electrical lines, culverts, guardrails, pavement limits, headwalls, endwalls, manholes, vaults, mailboxes, driveways, side streets, right -of -ways limits, landscaping, traffic signage, other signage and any other improvements; 2. Provide boundary survey information that identifies all utility, drainage, electric power, and canal easements and rights -of -way; and provide information on existing zoning and setbacks for each zoning code within and adjacent to the survey area; 3. Within the survey area survey the locations of vegetation and individual trees (native and exotic). Trees greater than four (4) inches in diameter shall be located and identified as to caliper and type; 4. Produce a complete engineering design base map (geometric control plan) including all right -of -ways, easements and plats. The surveyor shall attempt to locate front property corners throughout the project. Data shall be compiled from recorded plats and field located property corners. Establish horizontal and vertical survey base line at 100 -foot stations, nails set at 50 -foot stations, cross sections at 25 -foot stations and benchmark set at every 300 -feet stations. The Geometric Control Plan shall be related to the Florida State Plan Coordinates and shall be based on NAD 1983/90. 5. Provide legal description(s) of the impacted property. 6. Provide a general description, including aerial photo, showing the location of the proposed raw water transmission pipeline and new FPL power supply. The COUNTY Real Property agent will provide all services (including legal description survey) to acquire the easements needed for the proposed raw water transmission pipeline and, if necessary, the new FPL power supply. 7. Locate septic tank drain field within 200 feet of road right -of -way. 2.2 — Geotechnical Investigation CONSULTANTshall employ the services of a geotechnical specialty firm, to perform the following work: 1. Perform soil borings, in accordance with the Standard Penetration Tests (ASTM D -1586) procedure. One boring shall be performed approximately every 500 feet along the pipe route. An average depth of 15 feet per boring has been assumed. rad33757.tmp 91112004 Page 4 of 15 Agenda Item No, 16F1 September 14, 2004 Agenda Item N8a16Fq of 132 September 14, 2004 Page 10 of 20 2. Prepare a Geotechnical Report to provide recommendations on the foundation design for new facilities. Recommendations shall include recommended sub - surface preparation procedures, inspection requirements and testing requirements. Geotechnical Report shall include recommendations on pipeline trenching, backfill and compaction. 3. Geotechnical Report shall provide recommendations on dewatering requirements during construction. 2.3 — Prepare 90% Contract Documents Upon receiving acceptance of the Preliminary Design Report from COUNTY, commence preparation of the preliminary design (i.e., 90% design stage) contract documents (i.e., drawings and technical specifications). Prepare contract documents to support FDEP permit appl ications and assist COUNTY in obtaining quotes from fixed -term contractors for the bid package. Prepare cost estimates to provide COUNTY with an up to date progress estimate of projected probable construction costs. Estimates will be prepared and forwarded to COUNTY at the 90% design completion stage. Furnish eight (8) sets of the 90% contract documents and 90% opinion of probable construction cost. Schedule review meetings /workshops to receive input at the 90% design completion stage. Based on comments received make subsequent revisions to the documents. This does not include out of scope changes outside of the recommendations identified in the final preliminary design memorandum. 2.4 — Prepare Final Contract Documents Based on input received at review meetings during the preliminary design phase and associated design reviews prepare the final (100 %) contract documents (i.e., drawings and specification) and cost estimate for each bid package. During preparation of final contract documents finalize the preliminary transmission system hydraulic modeling prepared during Preliminary Design. Conduct a 100% completion stage project peer review of each bid package, to provide QA/QC of the final contract documents and cost estimate prior to submittal. The review shall include final interdisciplinary checks, general coordination and constructability issues, and shall be conducted by senior level personnel. Furnish eight (8) sets of the final (100 %) contract documents and opinion of probable construction cost. Approximately two (2) weeks after delivery of the final (100 %) contract documents schedule a final review meeting so that any changes that may be necessary to meet the project's budgetary requirements can be incorporated. This does not include out of scope changes outside of the recommendations identified in the final preliminary design memorandum. Furnish eight (8) sets of the final contract documents, revised per items addressed under final review meeting. rad33757.tmp 91112004 Page 5 of 15 TASK 3 — PERMITTING 3.1 — Construction Permitting Agenda Item No. 16F1 September 14, 2004 Agenda Item N8ag6F1q of 132 September 14, 2004 Page 11 of 20 Coordinate and attend up to four (4) meetings with the following regulatory agencies to discuss the requirements for acquiring pre -bid construction permits for this project. • Collier County Development and Environmental Services Division • Florida Department of Environment Protection (FDEP) • Collier County Building Department Water Well permitting section Coordinate contact with these agencies through the COUNTY Project Manager. Prepare permit applications required for the construction of the new facilities. Completion of the following permit applications are assumed: • One FDEP permit application for construction of the pumping and transmission facilities required by 62 -555 "Permitting, Construction, Operation and Maintenance of Public Water Systems "; • One Site Development Applications required by the Collier County Development and Environmental Services Division and possibly SFWMD ERP • Meet with County Right -of -Way Use Permit (Engineer provides conceptual plan, contractor obtains actual permit); • One application for SFWMD Easement Use Permit for canal crossings Prepare up to three (3) written response to the regulatory agencies request for additional information (RAI) regarding each permit application referenced above. It is assumed that there are no permit requirements by the South Florida Water Management District associated with the proposed blending strategy as long as annual allocations are not exceeded. 3.2 — Conditional Use Applications At this time, it is assumed that the COUNTY will be exempt from this permit. If needed, the ENGINEER work order will be amended to include the following scope: Prepare and submit the Application for Public Hearing for: Conditional Use" form for the new wells and associated pumping and transmission facilities. Preparation of the "Application for Public Hearing for. Conditional Use" form includes preparation of all necessary additional documents including legal descriptions, narrative statement describing the request for conditional use, pre - application meeting notes, 24" x 36' conceptual site plan, Environmental Impact Statement (EIS) as required by Section 3.8. of the Land Development Code (LDC), etc. This work order does not include assistance with re- zoning of the properties proposed for construction of the new water supply facilities. It is assumed that an ERP is not required. Task 3.3 — Building Department Permit Assistance rad33757.tmp 91112004 Page 6 of 15 Agenda Item No. 16F1 September 14, 2004 Agenda Item N &IfFllof 132 September 14, 2004 Page 12 of 20 Supply the contractor with five (5) signed and sealed bid -set contract documents for the contractor to apply and acquire a Collier County Building Department permits. The contractor shall be responsible for obtaining the building department permit and Right -of -Way permit. Assist the contractor obtain a construction permit from the Collier County Building Department. Assistance shall include correspondence with the contractor and Collier County Building Department, coordination and attendance at meetings with the Collier County Building Department to address comments regarding the design intent, revisions of drawings and specifications as required for compliance with the requirements of the Collier County Building Department. TASK 4 — CONSTRUCTION BID SERVICES It is assumed that the COUNTYwill procure this work through their fixed -term contractor agreement and that many of the services will be expedited. The services to be provided during the bid phase are may include: 1. Attend pre -bid meeting with fixed -term contractors; 2. If necessary, prepare and issue addenda as appropriate to interpret or clarify contract documents; 3. Review bids submitted by contractors and provide COUNTYwith a recommendation as to the acceptability of quotes, subcontractors, suppliers and other persons and organizations proposed by the bidders for those portions of the work as to which such acceptability is required by the contract documents. TASK 5 — CONSTRUCTION CONTRACT ADMINISTRATION 5.1 — General Management Provide necessary services for the management of engineering services during the construction period. Such management activities shall include project coordination with the COUNTY, contractor and resident project representative. General management shall also include scheduling specialty inspections, ana general correspondence with COUNTY, construction contractor and subcontractors. Maintain orderly files for correspondence reports of job conferences, shop drawings and sample submission, reproductions of original Contract Documents including all change orders, field orders, additional drawings issued subsequent to the execution of the contract, clarifications and interpretations of the Contract Documents, progress reports, and other project related documents. Receive and log all correspondence, change orders, shop drawings, and submittals received from the contractor using the network based Expedition software system. 5.2 — Contract Interpretations and Clarifications Prepare and issue necessary technical interpretations and clarifications of the Contract Documents in a timely manner. Make recommendations on requests of the contractor and the COUNTY as to the acceptability of construction or the interpretation of the technical requirements of the Contract Documents. rad33757.tmp 91112004 Page 7 of 15 5.3 — Change Orders Agenda Item No, 161=1 September 14, 2004 Agenda Item NOMERgt 132 September 14, 2004 Page 13 of 20 Review the technical appropriateness, project cost and/or schedule impacts because of changes submitted by the contractor, requested by the COUNTYor recommended by the CONSULTANT. Changes may be the result of unforeseen conditions or interferences identified by the contractor during the routine progress of work, inadvertent omissions (betterment) issues in the contract documents, or additional improvements requested by the COUNTY after the project bid date. Comment on the technical aspects and impact of the change request in terms of project cost and schedule. Prepare change orders and negotiate all changes in contract time and cost with the contractor. Prepare an analysis of the change request indicating reasons for acceptance, references to applicable sections of the contract documents that validate or disclaim the change request, and if accepted, a statement noting that the requested cost / schedule impacts are fair and reasonable. Prepare, recommend and submit for COUNTY's approval such change orders. Services do not include claims analysis or litigation support. 5.4 — Work Change Directives Due to the fast track nature of this project, the COUNTY authorizes CONSULTANTto issue work change directives. A work change directive shall be a written directive to the contractor issued after contract execution, signed by the COUNTYand recommended by the CONSULTANT ordering an addition, deletion or revision in the work. A work change directive shall not change the Contract price or time, but is evident that the parties expect that the change directed or documented by a work change directive will be incorporated into a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time. Issue work change directives only when necessary to avoid potential project delivery delays associated with the time needed to negotiate and process change orders. 5.5 — Shop Drawings Review shop drawings and any other submittals (except detailed construction progress schedules) that the contractor is required to submit by the Contract Documents. Reviews shall be completed within twenty -one (21) calendar days of CONSULTANT's receipt of the submittal except for special items requiring longer review time if so noted in the Contract Documents. The review shall be for conformance with the design intent and compliance with the information presented in the Contract Documents. Determine the acceptability of materials and equipment proposed by the contractor. Shop drawings shall be returned to the contractor with CONSULTANT's written comments and recommendations concerning their completeness under the Contract Document. Retain one copy of each shop drawing for delivery to the COUNTY at the end of the project. 5.6 — Pay Requests Review the construction contractor's monthly applications for payment and accompanying data and recommend approval of payments due to the construction contractor. CONSULTANT's recommendation of any payment requested in an application for payment shall constitute a representation by CONSULTANT to the COUNTY as an experienced and qualified professional, that based on CONSULTANT's Resident Project Representative on -site observations of construction in progress; that, to the best of CONSULTANTs knowledge and belief, that rad33757.tmp 91112004 Page 8 of 15 Agenda Item No. 16F1 September 14, 2004 Agenda Item N&HR of 132 September 14, 2004 Page 14 of 20 construction has progressed to the point indicated and that the quality of construction is in substantial accordance with the Contract Documents. Process pay requests in accordance with the Florida Prompt Payment Act. All incoming invoices processed by CONSULTANT shall be mechanically stamped with the date received. 5.7 — Construction Schedule Submittal Review The contractor shall be required to submit detailed construction progress schedules on a monthly basis. Review the contractor's progress schedule for acceptance. Acceptance shall demonstrate that the schedule is acceptable with respect to the Contract Documents. 5.8 — Record Drawings The contractor shall be responsible for providing record drawings of as -built conditions to the CONSULTANT. The CONSULTANT shall prepare final record drawings of the construction performed. One (1) original signed and sealed set will be forwarded to the COUNTYalong with four (4) copies; one (10 schedule of values; one (1) CD in AutoCad 14 or latest edition; and one (1) CD with the hydraulic model using KYPIPE 2000. 5.9 — Operation and Maintenance Manual Update Assistance Update the existing Operation and Maintenance (O &M) Manual for the new improvements. The manual update shall include a description of how the process is designed to operate, control system interface points and general operational procedures. The manual shall also consolidate maintenance information and design parameters for the various equipment items. Two copies of the draft O &M manual shall be submitted to in ring binders for review and comment. Two final copies of Operation and Maintenance Manuals in ring binders, together with three copies in electronic format on CD -ROM, shall be prepared specifically for this project. Operation and Maintenance manuals shall focus upon providing personnel with a clear description of the process, operating theory, normal and potential abnormal operating conditions and corrective procedures to maintain the process within compliance levels, as well as the following routine policies and procedures: 1. Process sampling and frequency 2. Emergency response 3. Equipment checks 4. Lubrication schedules 5. Vendor/ Supplier contact information Operation and maintenance manual shall include a schematic illustrating all wells at the wellfield. Detailed equipment operation and maintenance manuals of all Contractor furnished equipment will be furnished to COUNTY by the Contractor in accordance with the construction contract documents. rad33757.tmp 91112004 Page 9 of 15 Agenda Item No. 16F1 September 14, 2004 Agenda Item N8a916F1 of 132 September 14, 2004 15 All printed copies of the manuals furnished by CONSULTANT shall be assembled agnd bo of 20 separate volumes. Electronic copies shall be submitted in Microsoft Word WPD, AutoCAD DWG, or Adobe PDF file formats, as appropriate. COUNTY has standardized on the AIIMax Task Manager (ATM) computerized maintenance management system (CMMS) for the scheduling of preventive and corrective maintenance tasks. COUNTY will provide CONSULTANT with an electronic copy (in Microsoft Excel format) of the maintenance database table. CONSULTANT shall populate this template table with maintenance schedule and maintenance procedure data supplied in the detailed equipment operation and maintenance manuals of all equipment furnished under this project. CONSULTANT shall provide the COUNTY with the electronic copy of the populated maintenance data table. COUNTY will update the AIIMax Task Manager software with the populated maintenance data table. The contractor shall be required to submit detailed construction progress schedules on a monthly basis. Review the contractor's progress schedule for acceptance. Acceptance shall demonstrate that the schedule is acceptable with respect to the Contract Documents. TASK 6 — DETAILED OBSERVATION 6.1 — Resident Project Representative Furnish Resident Project Representative (RPR) to observe performance of the work. The RPR duties and responsibilities are as follows: • Construction Observation — Conduct on -site observations of construction in progress, including underground utility work providing full coverage of all underground utility construction activity, to assist in determining if construction is proceeding in substantial accordance with the Contract Documents, and that completed construction conforms to the Contract Documents. Inform CONSULTANT and the Contractor whenever RPR believes that any construction is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, tests or approval required to be made, or has been damaged before final payment. • Photographic Record — Provide a photographic record of the construction, beginning with pre - construction documentation and completing with post - construction photographs. Photographs shall be digital type taken to define the progress of the project and unusual or important construction events as deemed necessary. • General Coordination — Coordinate submittal of O &M manuals, operation and maintenance training plans and schedules, startup and testing plans and scheduled, and assist the COUNTY to establish a schedule and venue for training sessions. Oversee substantial and final completion inspections, coordinate delivery of spare parts and warranties, and maintain the punch list. Upon RPR issuance of a punch list for a substantially complete work element, the RPR shall follow up to assure that punch list items are corrected and /or completed. • Coordinate Laboratory Testina — Coordinate with COUNTY's testing laboratory to schedule water sample collection and laboratory tests as requested by the contractor and required by the Contract Documents. rad33757.tmp 91112004 Page 10 of 15 Agenda Item No. 16F1 September 14, 2004 Agenda Item N&11CP5I of 132 September 14, 2004 Page 16 of 20 Observe Regulatory Agency Inspections — Accompany visiting inspectors representing publicor other agencies having jurisdiction over the project, record the outcome of these inspections in the daily reports which shall be recorded on CONSULTANT's standard forms. • Daily Log — Keep a daily diary and / or log book recording hours on the job site, weather conditions, data pertaining to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations in more detail as in observing test procedures. Forward the RPR's completed daily logs to the COUNTY on a regular basis. Construction Progress Meetings — Chair periodic progress meetings with the construction contractor and the COUNTY to review project status and identify issues that may affect the project schedule. Such issues may include suggested changes and /or methods to keep the project on schedule (except for the construction contractor's means, methods, techniques, sequences or procedures of construction). Prepare and issue written meeting minutes to the COUNTY and the Contractor. Additional representatives of CONSULTANT (i.e., technical experts, project manager, etc.) shall accompany the RPR as necessary during the construction period as specific needs arise. 6.2 — Specialty Inspections Furnish the periodic services of the design engineers (i.e., Instrumentation, Electrical, Structural, Mechanical, Plumbing /HVAC, etc.) to supplement the RPR inspections to ensure compliance with the Contract Documents. Specialty inspection labor shall include attendance at field meetings requested by the COUNTY. 6.3 — Substantial Completion Inspections Conduct substantial completion inspections when requested by the contractor and the RPR recommends that the work is sufficiently complete to warrant a substantial completion inspection. One (1) substantial completion inspection shall be provided Verify contractor as -built drawings for completeness and compliance with COUNTY standards During the substantial completion inspection the inspection staff shall prepare initial punch I ist items requiring completion or correction to the satisfaction of COUNTY. The RPR shall be responsible for maintaining the punch -list and issuing updates to the punch -list on a periodic basis. Prepare and issue certificates of substantial completion as warranted by the project progress. 6.4 — Project Closeout Services Upon the request of the contractor and concurrence of the RPR and the COUNTY, conduct final inspections of portions of the project as they are finished to determine if construction has been completed in substantial accordance with the contract documents and the construction contractor has fulfilled its obligations there under. The following project closeout inspections and activities are — contemplated: rad33757.tmp 91112004 Page 11 of 15 Agenda Item No, 16F1 September 14, 2004 Agenda Item N€ P116Frq of 132 September 14, 2004 Page 17 of 20 • One (1) project closeout inspection shall be provided • Prepare as -built record drawings Based on the results of the final inspection, judge the work complete or not complete. If the work is judged complete, issue a "notice of final acceptance and recommendation for final payment'. TASK 7 — ADDITIONAL SERVICES 7.1 — Reimbursable Expenses Expenses of reproductions, postage and handling of Drawings and Specifications, travel, etc. in accordance with Article 5.3 of the Agreement for Professional Utility Engineering Services between Hazen and Sawyer, P.C. and Board of County Commissioners for Collier County, Florida. 7.2 — Additional Services (as authorized) Provide additional services, at costs agreed upon by the COUNTY and CONSULTANT and as authorized by the COUNTY, which may arise during the course of the work, that are consistent with the intent of the original work order; but, were not envisioned as part of the original or amended scope of work and. CONSULTANT shall submit a proposal to perform Additional Services prior to the performance of the work. The proposal shall include the specific services to be performed, time to complete, compensation, and an explanation as to why the services were not previously envisioned as part of the scope of work. The proposed Additional Services must be approved by the COUNTY's Project Manager in writing in advance of performance of said Additional Services. Failure to notify the COUNTY in writing of Additional Services shall be deemed a waiver of any claim by the CONSULTANT that such services were Additional Services. Additional written authorization from the COUNTY will be required for any charges that exceed the predetermined upper limit. TASK 8 — SCADA On an as needed basis, the CONSULTANT shall assist the COUNTY with modifications to the SCADA system architecture. This work, which will be coordinated with the COUNTY and appropriate engineer(s), may have an impact or other ramifications on the decisions and direction of the CONSULTANT'S control system design and system tie -in. Accordingly, CONSULTANT shall endeavor to coordinate efforts with both the County and its designated integrator /contractor(s) to ensure a consistent I &C product, one that has uniform control strategy, streamlined integration, and full compatibility. Due to the uncertainty in the timing and scope of the NCRWTP SCADA system upgrade project (designed by others) CONSUL TANTs level of effort to coordinate the well control system design with the NCRWTP SCADA system upgrade cannot be known. ASSUMPTIONS The following assumptions were made in preparation of the above scope: 1. Contractor shall be responsible for providing marked up copy of engineering drawings to show as -built conditions. rad33757.tmp 91112004 Page 12 of 15 Agenda Item No. 16F1 September 14, 2004 Agenda Item N8a9'6R of 132 September 14, 2004 Page 18 of 20 2. COUNTY will pay for all laboratory testing required by the contract documents. The COUNTY will be responsible for procurement of laboratory testing services. 3. Engineering fees for construction phase services are based upon 8 -hour workdays, Monday through Friday, excludes work on weekends and COUNTY holidays. 4. It is assumed that the Florida Power and Light shall be responsible for obtaining construction permits for the construction of their facilities. 5. COUNTYwill assist in coordinating site access for construction of the new production wells. 6. The COUNTY will provide to -scale hard copies of all available documents (i.e., design drawings, record drawings, shop drawing laying schedules, Atlas maps, other improvements records) that show the location of all existing wells and raw water transmission system piping. CONSULTANT shall review these documents to develop a map based schematic model, in electronic format, of raw water system that serves the North County Regional Water Treatment Plant. 7. The CONSULTANT understands that, during the timeframe in and around the anticipated new well construction and completion, simultaneous commensurate work may be underway for upgrade of the NCRWTP SCADA system to Intellution iFIX, which may or may not include modifications to the SCADA system architecture. COMPENSATION The compensation for engineering services provided under this work order shall be on a Time and Material basis with an upper limit, not -to- exceed amount of $159,970. A cost breakdown by task for engineering services described in this work order follows. Description Time and Materials Not -to- Exceed Fee Task 1 — Preliminary Design $18,830 Task 2 —Final Design $53,650 Task-3 — Permitting $16,220 Task 4 — Construction Bid Services $3,390 Task 5 — Constructionf Contract Administration $13,310 Task 6 — Detailed Observation $22,420 Task 7 — Additional Services $15,070 Task 8 — SCADA $17,080 Total — Labor and Expenses (Not -to- Exceed) $159,970 Pass through costs, such as excess shop drawing reviews, inspection overtime, and contractor proposed substitution reviews shall be billed separately to COUNTYfor contractor reimbursement in accordance with the construction contract documents. NOTE: It is noted that this scope of services assumes services are based upon 8 -hour workdays, Monday through Friday, excluding COUNTYholidays. Should longer work hours, or weekend work hours, be requested by the construction contractor and approved by the COUNTY, an equitable adjustment to CONSULTANT's fee will be made which may include overtime rates. Should the rad33757.tmp 91112004 Page 13 of 15 construction period extend beyond the contract construction period, services and fee shall be made by amendment to this Work Order. rad33757.tmp 91112004 Page 14 of 15 Agenda Item No, 16F1 September 14, 2004 Agenda Item N8I916R cIf 132 September 14, 2004 Page 19 of 20 appropriate adjustment of Agenda Item No. 16F1 September 14, 2004 Agenda Item N&HRgf 132 September 14, 2004 Page 20 of 20 SCHEDULE The duration of major work tasks are summarized below: Description Completion Time from Notice-to- Proceed Task 1 — Preliminary Design 3 weeks Task 2 — Final Design TBD Task 3 — Permitting TBD Task 4 — Construction Bid Services TBD Task 5 — Construction Contract Administration TBD Task 6 — Detailed Observation TBD Task 7 — Additional ServicesB As Needed Task 8 — SCADA As Needed Notes: A: Unless otherwise noted. B: May vary to finalize pump selection and electrical requirements, dependent on hydrogeologic findings. C: To Be Determined (TBD) rad33757.tmp 91112004 Page 15 of 15 Agenda item No. 16F1 September 14, 2004 Agenda Item 19ege1>: "132 September 14, 2004 EXECUTIVE SUMMARY Page 1 of 19 Recommendation That The Board of County Commissioners Approve An Addendum To Contract With Municipal Code Corporation For Additional Services For The Code Of Laws And Ordinances And Publication Of The County's Land Development Code And Approve The Necessary Budget Amendments OBJECTIVE: That the Board of County Commissioners approve an Addendum to Contract with Municipal Code Corporation for additional services for the Code of Laws and Ordinances and publication of the County's Land Development Code and approve the necessary budget amendments. CONSIDERATIONS: On September 22, 1992, the Board of County Commissioners entered into a Professional Services Agreement with Municipal Code Corporation to "codify the County's material in accord with the terms and conditions of the County's Request for Proposal #92- 1313." With the changes in technology over the years, it is prudent to make changes to the contract that will allow the County to utilize the most effective methods and tools available. Some of the additional services provided to the county will include: a sample ordinance service; reprint pamphlets that will keep the printed code volumes current; update of state law references; the Code of Laws and Ordinances (Code) and the Land Development Code (LDC) will be furnished electronically; electronic supplementation will be provided for both the Code of Laws and Ordinances and the Land Development Code; and both the Code of Laws and Ordinance and the Lade Development Code, as well as newly enacted ordinances intended for either of those publications will be almost immediately be posted on the Municipal Code Corporation website. Presented below are comparisons of the Code and LDC supplement expenses, distribution costs, and revenues received for 2002 and 2003 (as provided by Municipal Code Corporation). Supplements to Code - 2002 Revenue credited to County from Subscriber sales ............... $5,600.00 SupplementCost .................................. ............................... ($7,038.46) DistributionCost ....................................... ............................... ($396.20) Revenue in excess of Costs ................... ............................... ($1,834.66) Supplements delivered: Supp No. 13 Supplements to Code - 2003 Revenue credited to County from Subscriber sales ............... $4,250.00 Supplement Cost .................................. ............................... ($10,385.56) DistributionCost................ ........................ ............................... ($582.06) Costs in excess of Revenues ............................ .................... ($6,717.62) Supplements delivered: Supp Nos. 14 and 15 Agenda Item No. 16F1 September 14, 2004 Agenda Item IqNe1b�l14t 132 September 14, 2004 Page 2 of 19 Supplements to LDC - 2002 Revenue credited to County from Subscriber sales ............. $12,000.00 Supplement Cost ................................. ............................... ($11,847.66) Distribution Cost ..................................... ............................... ($2,474.41) Revenue in excess of Costs ................... ............................... ($2,322.07) Supplements delivered: Supp Nos. 12, 13, and 14. Supplements to LDC - 2003 Revenue credited to County from Subscriber sales ..............$12,300.00 SupplementCost .................................. ............................... ($14,379.06) Distribution Cost ..................................... ............................... ($1,774.23) Costs in excess of Revenues ................ ............................... ($3,853.29) Supplements delivered: Supp Nos. 15 and 16. MCC will retain revenue when a subscriber buys a new Code and /or new LDC. The County will retain the revenue for subscriber supplement services for the Code and /or LDC. This program will eliminate the County from having the expense of maintaining an inventory of Codes and LDC in the future, but at the same time be able to supplement the expense of the supplement services to the Code and LDC in the future. FISCAL IMPACT: There is no annual fee for supplements in either the Code of Laws and Ordinances or the Land Development Code. Supplementing is done on a per page cost based on the number of pages being supplemented. The publication cost for the Land Development Code and supplements and the supplement costs for the Code are outlined below: $ 6,840 (FY04 Initial payment for LDC publication costs) 9,360 (FY05 balance for LDC publication costs) $16,200 Subtotal $ 7,000 (Code supplements) $ 4,000 (LDC supplements) $27,200 Total There are no funds budgeted for the publication or supplement costs. Funds are available in the General Fund Reserves. There are minimal additional charges associated with the Addendum relating to Electronic Supplementation and placement of the data on the web. The attached quotation sheet (pages 11 thru 15 of the Addendum) from Municipal Code Corporation details the costs associated with the Addendum to the Contract. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. Agenda Item No, 16F1 September 14, 2004 Agenda Item R(j@eI6j2V 132 September 14, 2004 RECOMMENDATION: That the Board of County Commissioners approvef an Addendum to Contract with Municipal Code Corporation for additional services for the Code of Laws and Ordinances and publication of the County's Land Development Code and approve a budget amendment in the amount of $27,200 (see above). Agenda Item No. 16F1 September 14, 2004 Agenda Item No.t1t03 of 132 COLLIER COUNTY September 14, 2004 Page 4 of 19 BOARD OF COUNTY COMMISSIONERS Item Number 16F1 R Item Summary Recommendation That The Board Of County Commissioners Approve An Addendum To Contract With Municipal Code Corporation For Additional Services For The Code Of Laws And Ordinances And Publication Of The County's Land Development Code And Approve The Necessary Budget Amendments. Meeting Date 8/10/2004 9:00:00 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 811212004 11:42 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 811212004 12:19 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 91312004 11:23 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 913/2004 11:31 AM Commissioners Agenda Item No. 16F1 September 14, 2004 Agenda Item 19NeJ WV 132 ADDENDUM TO CONTRACT September 14, 2004 Page 5 of 19 The following will constitute an Addendum to the contract between MUNICIPAL CODE CORPORATION, and COLLIER COUNTY, FLORIDA, providing for additional services for the Code of Law and Ordinances (Code of Ordinances) and for the publication of the County's recodified Land Development Code (known until published and effective as the Unified Development Code or UDC), according to the following terms and conditions. PART ONE SUPPLEMENT SERVICE for CODE OF ORDINANCES (1) ORDINANCES TO BE FURNISHED BY COUNTY. The County shall forward to MCC copies of the ordinances upon final enactment by the County. We request that the ordinances be furnished electronically and we have established a special e-mail address (ords@municode.com) to receive e- mailed ordinances. Printed copies are accepted. (2) SCHEDULE. MCC will keep the Code up-to -date by the publication of Supplements that will contain newly enacted ordinances of a general and permanent nature. Supplements can be published on a schedule to meet the requirements of the County. The County's current supplement schedule for the Code of Ordinances is January and July. A minimum of thirty (30) working days will be required for delivery of a printed Supplement. (3) EDITORIAL SCRUTINY. A member of MCC's editorial staff will study new ordinances in conjunction with the existing provisions of the Code. Pages of the Code containing provisions that are specifically repealed or amended by ordinance will be changed to remove such repealed or amended provisions and to insert the new ordinances. Should MCC detect conflicts, inconsistencies or duplications in the Code as the new ordinances are included, the County will be notified so that remedial action may be taken. (4) EDITORIAL NOTES. Appropriate editorial notes will be prepared and appended to the new sections as deemed necessary by the editor. (5) TABLES. The following tables will be prepared and/or updated for the Code: a) Table of Contents. This Table will be kept current to reflect changes in the Code volume. b) Comparative Table. This Table will list the ordinances included in each Supplement and set out the location thereof. This Table will be inserted preceding the Index. (6) PROOFS. After typesetting has been completed, MCC will submit one set of proofs to the County for review. The County will return the proofs with the changes indicated thereon within fifteen (15) days from the date of their receipt. Please remember that proofs could delay the final printing of the product. Agenda Item No. 16F1 September 14, 2004 Agenda Item IgNe1" 132 MCC will be responsible for proofreading and typographical correctness. Erro@&9JMWE tiu(m 0411 be corrected throughout the term of the contract, without charge to the County. MCC's liabih&%P lfPs@&NS shall extend only to the correcting of errors in the supplements, not to any acts or occurrences as a result of such errors, and only so long as a contract is in effect. (7) INDEX. When the inclusion of new material necessitates changes in the Index, appropriate entries will be prepared and the necessary pages of the Index will be printed or reprinted to include the new entries. (8) INSTRUCTION SHEET. Each Supplement will contain a page of instructions for removal of obsolete pages and insertion of new pages. The latest ordinance included in the published Supplement will be noted in boldface type on the Instruction Sheet. (9) CHECKLIST. A checklist of up-to -date pages will be prepared and kept current for the benefit of the user. The checklist of up -to -date pages is a list of each page in the Code and the most current Supplement from which it is derived. The checklist allows instant determination of whether the user is relying on a page reflecting current ordinances. (10) TABLES AND GRAPHICS. Should the Supplement contain tables, drawings or graphics for which special methods of reproduction or modification are required, the costs will be as set out on the Quotation Sheet. MCC will require an electronic file of the tables and graphics to be included in the Code and/or a clean printed copy. (11) SHIPMENT. Supplements will be shipped to the County for distribution to the holders of the Code. (12) MCC AS TOTAL CODE ADMINISTRATOR FOR CODES AND LDC COMPLETE VOLUMES. MCC maintains an inventory of Codes for sale to the public, over and above the number specified in this agreement for County use. MCC is responsible for having available up -to -date copies of the County Code for purchase by future subscribers. MCC is responsible for marketing the Code to existing or potential subscribers. All handling expenses and risk of future sales of the Code will be incurred by MCC. MCC will set the sale price for the Code, as approved by the County, but retains 100% of the proceeds from sales. Should the County need additional copies of the Code, MCC will provide the desired number of copies at a discounted price. (13) COUNTY RETAINS REVENUE OF SUPPLEMENTS. County will be financially responsible for maintaining an inventory of Supplements, to be stored at MCC. Also, the County is entitled to 100% of the proceeds from the sale of all supplements as set forth in this Addendum. These funds will be credited to the County's account. a) Order Forms. MCC will prepare and print an order form that may be mailed to all potential subscribers of the new Code and Supplement Service. 2 Agenda Item No. 16F1 September 14, 2004 Agenda Item IR@eel b14t 132 b) Mailing Service. MCC will mail copies of the future Supply ttlweffiu�pa s subscribing to the new Code and Supplement Service. The copies rRIRN t7oigU �y the County will be shipped as requested by the County. C) Billing Subscribers. MCC will bill subscribers to the Supplement Service on an annual basis. A listing of all current subscribers will be furnished prior to annual billing of the subscribers. d) Storage. All undistributed copies of the future Supplements will be stored by MCC. All risk of loss or damage to the Codes and Supplements so stored will be assumed by MCC. PART TWO .A;DDITIONAL SERVICES for CODE OF ORDINANCES (1) SAMPLE ORDINANCE SERVICE. Sample provisions of specific subjects will be famished upon request. A sample index will be furnished for use in requesting the desired sample provisions. (2) REPRINTS. Looseleaf reprint pamphlets, which contain certain portions of the Code, including appropriate index pages, can be kept up -to -date at the same time the Code volume is supplemented. (3) LEGAL REVIEW. MCC offers, under the direction of the County Attorney, to review the entire Code on a chapter -by- chapter basis against current state statutes. The law editor will submit an editorial memorandum to the County Attorney outlining all recommendations for amending the Code to eliminate duplications, inconsistencies and obsolete provisions. MCC will work with the County Attorney in drafting proposed legislation, as deemed necessary. (4) UPDATE STATE LAW REFERENCES. In the event the County does not choose the option for a complete legal review of the Code, MCC offers to update and add state law references as a part of the editorial work. (5) CODE FURNISHED ELECTRONICALLY. The electronic Code can be furnished in a variety of electronic formats as described below. All formats will be updated through the most recently published ordinance in the printed Code. c) Folio BoundVIEWS. This is a full text search engine that supports standard Boolean logic, phrase searching, proximity searching and word stemming to include word variations and synonyms in searches. Every word of the Code is electronically indexed so queries are performed on the entire Code. A powerful context - sensitive, on -line help system is included within Folio BoundVIEWS, though the software is sufficiently intuitive to use without consulting the help library. d) Code on the web. The Code may also be included on MCC's web site (www.municode.com). The site contains a collection of more than 1,400 local government Codes and is available to anyone with Internet access. All Codes on the Agenda Item No. 16F1 September 14, 2004 Agenda Item I%gelbr1* 132 site are integrated with Folio web search engine and amFrWffl1%ttefthWQ1Q0Ae incorporated as the book is updated. A link to the County's webRegea8 AJ 9e provided. e) Word processing format. The master database of the Code can easily be converted into an RTF format that is useable in most of today's popular word processing formats, e.g., WORD or WordPerfect. Alternatively, the Code can be provided in a generic text format such as ASCII or HTML. Q Code in Adobe PDF Format. MCC can provide the Code in PDF format. MCC will apply bookmarks for the chapters and, if available, the PDF version will contain a minor search tool. MCC may not be able to provide the County a search tool in certain instances. The County will need a copy of the Adobe Viewer (available for download for free from adobe. com). The PDF format matches the printed page and MCC provides a complete updated PDF each time the Code has been supplemented. Should the County desire to also receive just the Supplement, an additional update fee applies. There is no licensing that applies to this format, but there are not the search capabilities built into Adobe as there are in the above Folio product. g) Support and training. Telephone support for all of the above - mentioned programs is available during working hours by calling our toll -free number (800 - 262 - CODE). Most problems are resolved in one call and this support is free of charge. Installing software is easily accomplished by the County IT staff, although MCC's support is available during installation, if needed. All of the above - mentioned programs are very intuitive and typically do not require separate training, however, on -site training is available. (6) ELECTRONIC SUPPLEMENTATION. MCC can provide the Supplements electronically on a schedule to meet the County's needs, e.g. monthly or bimonthly. The County may choose to have printed copies of the Supplements published less frequently. The electronic media will reflect the entire Code as updated through the most recent Supplement. (7) NEW ORDINANCES on the WEB (N.O.W.). MCC can post your ordinances on the web between supplements so that anyone searching your Code will find the most current legislation. To view this service, go to the Collier County, FL Code of Ordinances - See "Ordinances Enacted/Not yet Codified" located at the bottom of the Table of Contents. Although your ordinances will be a part of your Code database, MCC will not edit the Code to include the new ordinances - we will simply post the ordinances in their original form. The Code on the Web is maintained through the supplement Service. Once ordinances posted through the N.O.W. service are included in a supplement to the Code, they will be removed from the web. If you would like ordinances incorporated into the electronic version of the Code more often than your printed Code is updated, please consider our Electronic Supplementation service. PART THREE Q78LICATION of UNIFT I2 DEV'ELOPMEN'T CODE (..UDC) 51 Agenda Item No. 16F1 September 14, 2004 Agenda Item I9egel b'PW 132 (1) UDC FURNISHED BY COUNTY. MCC hereby offers to publis §@Qt@ ff014)e4W`bf any contract entered into pursuant to this agreement; provided that the County may fowaofo WC1 Al ordinances passed prior to or subsequent to said date for inclusion in the new UDC until notice is received that editorial work has been completed. We request the ordinances be furnished electronically (diskettes, e-mail, CD -ROM, etc.), though they may be fumished in printed form. (2) EDITORIAL WORK. The editorial work on the UDC will include the following: a) History Notes. A history note will be prepared for each section of the UDC. The note will indicate the source from which the section is derived. b) Chapter Analysis. Each chapter of the new UDC will be preceded by a detailed analysis listing the articles, divisions, and sections contained therein. C) Catchlines. Each section will be preceded by a catchline describing the content of the section. (3) INDEX. A comprehensive, legal and factual general index for the entire UDC will be prepared. All sections are indexed under major subjects with appropriate section citations. Columnar citations are used to enhance the ease of reference. (4) TABLES. The following Tables will be prepared for the new UDC: a) Table of Contents. This Table will list the chapters, articles or divisions of the UDC, with appropriate page numbers. b) Comparative Table. If feasible, prepare a Comparative Table, listing the ordinances included in the UDC, in chronological sequence and setting out the location of such ordinances in the UDC. (5) TYPESETTING AND PROOFS. After typesetting has been completed, MCC will submit one set of proofs to the County for review. The County may make word changes on the proofs without charge. However, the County will be charged for changes or deletions constituting more than one page of type. It shall be the duty of the County to return the proofs, with the changes indicated thereon, within forty- five (45) days from the date of their receipt. If proofs are not returned within forty -five (45) days and no notice to the contrary is received by MCC, it will be assumed that no changes are to be made. MCC will then proceed to print the UDC and no changes shall thereafter be allowed. Should the County request to review the proofs beyond forty -five (45) days but fails to return them within five (5) months, the contract balance shall become due and payable. Upon mutual agreement regarding time and compensation, MCC shall update the proofs with subsequent enactments before delivery of the printed UDC. MCC guarantees typographical correctness. Errors attributable to MCC will be corrected, consistent with the similar provision of Part One (6), throughout the term of the contract without charge to the County. MCC's liability for all services shall extend only to the correcting of errors in the UDC or future supplements, not to any acts or occurrences as a result of such errors and only so long as the contract is in effect. Agenda Item No. 161`1 September 14, 2004 Agenda Item I9egq6pW 132 September 14, 2004 Page 10 of 19 (6) TIME SCHEDULE. The following is an agreed upon time schedule in the preparation of the new UDC: a) Submission of proofs to County from receipt of material: no more than 60 days b) Delivery of the completed UDC to County: 4 weeks after return of proofs, but no later than September 24, 2004, unless agreed to in writing by the County Attorney. The above time schedule provides for completion of the UDC within three (3) months, excluding time required for review of the proofs and any delays occasioned by the County. (7) PRINTING AND BINDING. When the County returns the proofs, MCC will proceed with printing and binding the UDC in accordance with the following: a) Copies. The number of copies desired by the County will be printed on 50 lb. white offset paper. b) Page format. MCC's page format is designed for consistency and readability. The page size will be consistent with the format chosen by the County: 8' /z x 11 inches, single column (sample attached). We provide two different page headers, chapter and LDC name, to allow better navigation within the LDC. We also provide ears to designate the section the page contains. Our page numbering allows for growth within the volume, as does our reserved chapter options. c) Type size. MCC will publish the UDC, ands all LDC supplements in ten -point type unless otherwise specified. Notice of such font change must be given prior to the completion of the editorial work so that the impact upon cost can be determined and discussed. d) Tables and graphics Tables, drawings, designs, Algebra formulae, graphics, or other material that require special methods of reproduction or modification, will be charged as set out on the Quotation Sheet. MCC will require an electronic file of the tables and graphics included in the UDC and/or a clean printed copy. e) Binding. MCC will bind copies of the completed UDC in expandable post binders with slide lock fasteners. Covers will be imitation leather and available colors are black, burgundy, blue, or green, with gold lettering. Other binder choices are available (D -ring and three -ring). Cost may vary. Additional binders can be ordered at any time at the then - current prices. f) Separator tabs. MCC will furnish separator tab sheets (Mylar tabs, printed both sides) for the bound UDC. The tabs will reflect the major divisions or chapters of the UDC volume. (8) MCC AS TOTAL CODE ADMINISTRATOR CODE AND LDC COMPLETE VOLUMES. MCC maintains an inventory of the UDC for sale to the public, over and above the number specified in this agreement for County use. MCC is responsible for having available up -to -date copies of the County UDC for 0 Agenda Item No, 16F1 September 14, 2004 Agenda Item I9Wej sTC" 132 purchase by future subscribers. MCC is responsible for marketing the UDCSept&fnbW d64p&&QAd subscribers. Page 11 of 19 All handling expenses and risk of future sales of the UDC will be incurred by MCC. MCC will set the sale price for the UDC, as approved by the County, but retains 100% of the proceeds from sales. Should the County need additional copies of the UDC, MCC will provide the desired number of copies at a discounted price. (9) COUNTY RETAINS REVENUE OF SUPPLEMENTS. County will be financially responsible for maintaining an inventory of Supplements, to be stored at MCC. Also, the County is entitled to 100% of the proceeds from the sale of all supplements as set forth in this contract. These funds will be credited to the County's account. a) Order Forms. MCC will prepare and print an order form that may be mailed to all potential subscribers of the new Code and Supplement Service. b) Mailing Service. MCC will mail copies of the future Supplements to those persons subscribing to the new Code and Supplement Service. The copies required for use by the County will be shipped as requested by the County. C) Billing Subscribers. MCC will bill subscribers to the Supplement Service on an annual basis. A listing of all current subscribers will be furnished prior to annual billing of the subscribers. d) Storage. All undistributed copies of the Code and future Supplements will be stored by MCC. All risk of loss or damage to the Codes and Supplements so stored will be assumed by MCC. (9) UDC FURNISHED ELECTRONICALLY. The UDC can be furnished in a variety of electronic formats as described below. All formats will be updated through the most recently published ordinance in the printed UDC. b) Folio BoundVIEWS. This is a full text search engine that supports standard Boolean logic, phrase searching, proximity searching and word stemming to include word variations and synonyms in searches. Every word of the UDC is electronically indexed so queries are performed on the entire UDC. A powerful context - sensitive, on -line help system is included within Folio BoundVIEWS, though the software is sufficiently intuitive to use without consulting the help library. C) UDC on the web. The UDC may also be included on MCC's web site (www.municode.com). The site contains a collection of more than 1,400 local government Codes and is available to anyone with Internet access. All Codes on the site are integrated with Folio web search engine and amendments to the Code are incorporated as the book is updated. A link to the County's web site can also be provided. d) Word processing format. The master database of the UDC can easily be converted into an RTF format that is useable in most of today's popular word processing Agenda Item No, 16F1 September 14, 2004 Agenda Item negeIVV 132 formats, e.g., WORD or WordPerfect. Alternatively, the 669 eMbePF1Ad28 0& generic text format such as ASCII or HTML. Page 12 of 19 e) UDC in Adobe PDF Format. MCC can provide the UDC in PDF format. MCC will apply bookmarks for the chapters and, if available, the PDF version will contain a minor search tool. MCC may not be able to provide the County a search tool in certain instances. The County will need a copy of the Adobe Viewer (available for download for free from adobe. com). The PDF format matches the printed page and MCC provides a complete updated PDF each time the UDC has been supplemented. Should the County desire to also receive just the Supplement, an additional update fee applies. There is no licensing that applies to this format, but there are not the search capabilities built into Adobe as there are in the above Folio product. f) Support and training Telephone support for all of the above - mentioned programs is available during working hours by calling our toll -free number (800 - 262- CODE). Most problems are resolved in one call and this support is free of charge. Installing software is easily accomplished by the County IT staff, although MCC's support is available during installation, if needed. All of the above - mentioned programs are very intuitive and typically do not require separate training, however, on -site training is available. A written quotation will be provided upon request. PART FOUR SUPPLEMENT SERVICE for T�AN1l DEVELOPMENT CODE (1) ORDINANCES TO BE FURNISHED BY COUNTY. The County shall forward to MCC copies of the ordinances upon final enactment by the County. We request that the ordinances be furnished electronically and have established a special e-mail address (ords @municode.com) to receive e- mailed ordinances. Printed copies are accepted. (2) SCHEDULE. After shipment of the new UDC, MCC will keep the LDC up-to -date by the publication of Supplements that will contain the new ordinances of a general and permanent nature enacted by the governing body. The Supplements can be published on a schedule to meet the requirements of the County. The County's current supplement schedule for the LDC is January and July. A minimum of thirty (30) working days will be required for delivery of a Supplement. (3) EDITORIAL SCRUTINY. A member of MCC's editorial staff will study new ordinances in conjunction with the existing provisions of the UDC. Pages of the UDC containing provisions that are specifically repealed or amended by ordinance shall be reprinted to remove such repealed or amended provisions and to insert the new ordinances. Should MCC detect conflicts, inconsistencies or duplications in the UDC as the new ordinances are included, the County will be notified so that remedial action may be taken. (4) EDITORIAL NOTES. Appropriate editorial notes will be prepared and appended as deemed necessary by MCC. Agenda Item No, 16F1 September 14, 2004 Agenda Item f%QelWV 132 (5) PROOFS. After typesetting has been completed, MCC will submit"t2effltteqP"fsaG* County for review. The County will return the proofs with the changes indicated thereon withiRi yeti?19jd19 from the date of their receipt. Please remember that proofs could delay the printing of the final product. MCC will be responsible for proofreading and typographical correctness. Errors attributable to MCC will be corrected throughout the term of the contract, without charge to the County. MCC's liability for all services shall extend only to the correcting of errors in the supplements, not to any acts or occurrences as a result of such errors, and only so long as a contract is in effect. (6) INDEX AND TABLES. When the inclusion of new material necessitates changes in the index, appropriate entries will be prepared and the necessary pages of the index will be printed or reprinted to include the new entries. The Comparative and State Law Reference Tables will be kept up-to -date to reflect the new ordinances and state law citations, if any, included in each Supplement. The Table of Contents will also be kept current to reflect changes in the LDC. (7) INSTRUCTION SHEET. Each Supplement will contain a page of instructions for removal of the obsolete pages and insertion of the new pages. The latest ordinance included in the published Supplement will be noted in boldface type on the Instruction Sheet. (8) CHECKLIST. A checklist of up-to -date pages will be prepared and kept current for the benefit of the user. The checklist of up- to-date pages will allow instant determination of whether the user is relying on a page reflecting current ordinances. (10) GRAPHICS. Should the Supplement contain tables, drawings or graphics for which special methods of reproduction or modification are required, the costs will be as set out on the Quotation Sheet. (10) SHIPMENT. Supplements will be shipped to the County for distribution to the holders of the LDC. PART FIVE A . ITIONAL SERVICES for LAND DEVELOPMENT CODE (1) REPRINTS. Looseleaf reprint pamphlets, which contain certain portions of the LDC, including appropriate index pages, can be kept up-to -date at the same time the LDC volume is supplemented. (2) ELECTRONIC SUPPLEMENTATION. MCC can provide the Supplements electronically on a schedule to meet the County's needs, e.g. monthly or bimonthly. The County may choose to have printed copies of the Supplements published less frequently. The electronic media will reflect the entire LDC as updated through the most recent Supplement. E Agenda item No. 16F1 September 14, 2004 Agenda Item N@Qel6PV 132 September 14, 2004 (3) NEW ORDINANCES on the WEB (N.O.W.). MCC can post your ordita c%i g A% between supplements so that anyone searching your LDC will find the most current legislation. To view this service, go to the Collier County, FL Code of Ordinances - See "Ordinances Enacted/Not yet Codified" located at the bottom of the Table of Contents. Although your ordinances will be a part of your LDC database, MCC will not edit the LDC to include the new ordinances - we will simply post the ordinances in their original form. The LDC on the Web is maintained through the supplement Service. Once ordinances posted through the N.O.W. service are included in a supplement to the LDC, they will be removed from the web. If you would like ordinances incorporated into the electronic version of the LDC more often than your printed LDC is updated, please consider our Electronic Supplementation service. 10 Agenda item No. 16F1 September 14, 2004 ArinntA� If^,— IEAan Pf&"4nf 1.70 QUOTATION SHEET , F7 Page 15 of 19 PART ONE - SUPPLEMENT SERVICE — CODE OF ORDINANCES (1) Annual fee for Supplements None (2) Number of copies 104 (3) Cost per page' $22.25 (4) Page format: 8 t/2 x 11 inches, double column (5) Tables and graphics, additional charge each2 $10 (6) Distribution and Storage of Codes and Supplements: MCC as Total Code Administrator for Code Volume a) County orders a minimum of 150 hard copies and MCC will have total responsibility for printing copies for sale to the public. b) There would be no cost incurred or liability to the County for the expenses involved in furnishing copies of the Code to the public. County Retains Revenue of Supplements: a) Printing order forms no charge b) Mailing of Codes and Supplements $3 per mailing, plus cost of postage; (charges passed to subscriber) C) Billing of subscribers for Code and/or Looseleaf Supplement Service $5 per subscriber; (charges passed to subscriber) d) Storage of Supplements no charge (7) State sales tax, if applicable. PART TWO - ADDITIONAL SERVICES — CODE OF ORDINANCES AND LDC (1) Sample Ordinance Service: a) Up to 100 pages, per annum $250 b) Over 100 pages, per page $0.50 (2) Reprints Quotation upon request 'A page is defined as the area on one side of a sheet. A sheet contains two (2) pages. 2 I a graphic is larger than one page, then the charge is per page 11 (7) NEW ORDINANCES on the WEB (N.O.W.)' a) Cost per ordinance, posted within 5 working days $15 b) Cost per ordinance, posted within 2 working days $25 PAYMENT FOR SUPPLEMENT SERVICE OF CODE (1) Payment will be due upon receipt of invoice. Supplements will be invoiced when shipped. (2) Freight charges will be prepaid and invoiced at the time of final billing. PART THREE — PUBLICATION OF UDC (1) Base cost, includes $16,200 a) Editorial work Minimum $50 per posting. 12 Agenda Item No, 16F1 September 14, 2004 Agenda Item IgNej6 132 September 14, 2004 Page 1 %pfp19 ~-~ (3) Legal Review of Code, per hour Drafting charges will be based on the same hourly rate. (4) Updating state law references Quotation upon request (5) Electronic Code and LDC: a. Code and LDC integrated with Folio BoundVIEWS: i. County Department $2,000 $3,000 ii. Mobile Site Licence $300 b. Code on the Internet, per year (includes up to four updates) C. LDC on the Internet, per year $300 (includes up to four updates) d. Code formatted for word processing $175 e. Code in Adobe PDF format, includes the search function, if available $495 f. One set of updated electronic media, per Supplement $75 (cost in addition to regular Supplement per page charge) g. Additional sets of updated electronic media, per set $75 (6) ELECTRONIC SUPPLEMENTATION (Costs include printed supplements on a semiannual or annual basis) a) Quarterly or bimonthly schedule, cost per page: 8' /z x 1 I inches, double column $22.25 b) Monthly schedule, cost per page: $2725 8' /z x 1 I inches, double column (7) NEW ORDINANCES on the WEB (N.O.W.)' a) Cost per ordinance, posted within 5 working days $15 b) Cost per ordinance, posted within 2 working days $25 PAYMENT FOR SUPPLEMENT SERVICE OF CODE (1) Payment will be due upon receipt of invoice. Supplements will be invoiced when shipped. (2) Freight charges will be prepaid and invoiced at the time of final billing. PART THREE — PUBLICATION OF UDC (1) Base cost, includes $16,200 a) Editorial work Minimum $50 per posting. 12 b) Tables c) Typesetting and proofs d) Indexing e) Printing and binding i. Number of copies ii. Number of binders iii. Number of sets of special order tabs iv. Estimated pages' 8 %z x 11 inches, single column Base cost does not include: Agenda Item No, 16F1 September 14, 2004 Agenda Item 409e! $ice 132 September 14, 2004 Page 17 of 19 100 100 100 1,350 f) Pages in excess or less than those listed above will be billed as follows: i. 8' /2 x 11 inches, single column $12 ii. 8'/2 x 11 inches, double column $16 g)Graphics, additional charge each $10 h) Freight charges (invoiced upon shipment) Prepaid 0 State sales tax, if applicable (3) Distribution and Storage of UDC and Supplements: MCC as Total Code Administrator for LDC a) County orders a minimum of 150 hard copies and MCC will have total responsibility for printing copies for sale to the public. b) There would be no cost incurred or liability to the County for the expenses involved in furnishing copies of the Code to the public. County Retains Revenue of Supplements: a) Printing order forms no charge b) Mailing of Codes and Supplements $3 per mailing, plus cost of postage; (charges passed to subscriber) C) Billing of subscribers for Code and/or Looseleaf Supplement Service $5 per subscriber; (charges passed to subscriber) d) Storage of Supplements no charge (4) Electronic UDC: Included under Part H (5) of Code Supplement Quotation — Additional Services ' A page is defined as the area on one side of a sheet of paper. A sheet contains two (2) pages. z If a graphic is larger than one page, the charge is then per page. 2 page is defined as the area on one side of a sheet. A sheet contains two (2) pages. 3 Per page rate will be $19 for 8 Y2 x I 1 inches, single column and $22.25 for 8 1/2 x 1 l inches, there will be an addition of $0.50 for double column for 100 copies, per page each additional 50 copies. 13 Agenda item No. 16F1 September 14, 2004 Agenda Item ff gE16FV 132 PART FOUR — SUPPLEMENTATION SERVICE FOR LDC September 14, 2004 Page 18 of 19 (1) Annual fee for Supplements None (2) Number of copies 100 (3) Cost per page' i. 8' /z x 11 inches, single column $19.003 ii. 8' /z x 11 inces, double column $22.25 (4) Tables and graphics, additional charge each 5 $10 (5) State sales tax, if applicable PART FIVE — ADDITIONAL SERVICES FOR LDC (1) Reprints Quotation upon request (2) ELECTRONIC SUPPLEMENTATION (Costs include printed supplements on a semiannual or annual basis) a) Quarterly or bimonthly schedule, cost per page: $19 i. 8 1/2 x 11 inches, single column ii. 8 1/2 x 11 inches, double column $22.25 b) Monthly schedule, cost per page: $24 i. 8 1/2 x I 1 inches, single column ii. 8 1/2 x I1 inches, double column $27'25 (3) NEW ORDINANCES on the WEB (N.O.W.)2 a) Cost per ordinance, posted within 5 working days $15 b) Cost per ordinance, posted within 2 working days S25 PAYMENT FOR PUBLICATION OF UDC (1) Upon signing of the contract $6,840 (2) Upon receipt of proofs $5,670 (3) Balance upon delivery of UDC. (4) Payment for the Supplement Service will be due upon receipt of an invoice. Supplements will be invoiced when shipped. (5) Freight charges will be prepaid and invoiced at time of final billing. This proposal shall be valid for a period of ninety (90) days from the date appearing below. 2 Minimum $50 per posting. 14 Submitted by: MUNICIPAL CODE CORPORATION Witness I i Date ATTEST: DWIGHT E. BROCK, CLERK Un Approved as to form and legal sufficiency: L61�u Patrick G. Waite Assistant County Attorney Accepted by: Agenda Item No. 16F1 September 14, 2004 Agenda Item IQeBet M*W 132 September 14, 2004 Page 19 of 19 P BOARD OF COUNTY COMMISSONERS OF COLLIER COUNTY, FLORIDA IM 15 DONNA FIALA, CHAIRMAN Agenda Item No, 16F1 September 14, 2004 Agenda Item We116A gf 132 September 14, 2004 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve a Budget Amendment reallocating personnel services dollars xvithin the Information Technology Department cost centers. OBJECTIVE: Obtain approval from the Board of County Commissioners of a Budget Amendment reallocating personnel services dollars within Information Technology Department cost centers. CONSIDERATIONS: The Information Department has identified organizational changes that are necessary to focus on new directions for the development staff. Funding for these organizational changes is available within existing Information Technology Department Cost Centers. The attached Budget Amendment will reallocate Personnel Services dollars to accomplish this. FISCAL IMPACT: The Budget Amendment establishes a Personnel Services budget of $62,700 in Cost Center 121140 by transferring $55,600 from Cost Center 121148 and $7,100 from Cost Center 121152. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the attached Budget Amendment. Agenda item No. 16F1 Agenda Item No. 16f1September 14, 2004 COLLIER COUNTY September 14, 2004 Page 120 of 132 BOARD OF COUNTY COMMISSIONERS Page 2 of 2 Item Number 16F1S Item Summary Recommendation to approve a Budget Amendment reallocating personnel services dollars within the Information Technology Department cost centers. Meeting Date 8!24;2004 9:00:00 AM Prepared By Date Tammy Smith Business Applications Manager 8 ?27!2004 8:48:32 AM Administrative Services Information Technology Approved By Barry Axelrod Information Technology Director Date Administrative Services Information Technology 8/27,2004 12:16 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 8/31i2004 4:57 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 3:112004 8:40 AM Approved By Robin Johnson ManagemenUBudget Analyst Date County Manager's Office Office of Management & Budget 91112004 9:30 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management S Budget 9x2/2004 3:26 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 91512004 2:00 PM Agenda Item No, 16F1 September 14, 2004 Agenda Item fteltp V 132 September 14, 2004 Page 1 of 2 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE EXPENDITURE IN THE AMOUNT OF $16,039.41 TO INTERNAL REVENUE SERVICE FOR INTEREST AND PENALTY FEES FOR LATE TAX FILING IN MARCH 2003. OBJECTIVE: That the Board of County Commissioners approve an expenditure for $16,039.41 for interest and penalty fees imposed by the Internal Revenue Service. CONSIDERATIONS: During the implementation phase for SAP a test file for tax remittance was prepared and sent to First National Bank for their review. The file was reviewed and accepted by the bank. Our first tax file after go -live in January 2003 was sent to the bank and First National in turn sent the file to the Federal Reserve Bank for their processing and acceptance. The tax files were rejected, returned, corrected and resent numerous times until the Federal Reserve Bank fully accepted the files as accurate and complete. As a result the Internal Revenue Service assessed a charge of $231,756.57 for late filings on their notice dated July 7, 2003. A letter was sent from the Clerk's Finance Department outlining the issues that caused this late filing and asked for a waiver of all charges. IRS in September 2003 responded with only a partial abatement with new charges assessed at $51,115.36. Another letter was sent from the Clerk's office appealing this finding and requesting a total abatement of this new charge. On July 8, 2004 IRS provided its final determination and assessed a penalty of $14,991.47. This letter stated not to pay from that notice but to wait for the computer generated form that includes a remittance portion. When this form was received on August 6, 2004 with a due date of August 12, 2004 the amount due was stated at $16,039.41. It is important to note that Collier County has never not been timely in filing its tax remittance. The circumstances surrounding this issue are strictly related to the implementation of the new financial package. It is our intent, to not only work with the IRS, but with our representatives at the Federal level to have this fully abated. As additional interest will accrue if the payment is not received by the IRS on the stated due date we are asking the Board to authorize the full payment of $16,039.41 and we will continue the process for a full rebate in the amount paid. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Funds are available in the Other G & A fund center and no additional budget is needed. RECOMMENDATION: That the Board of County Commissioners approve an expenditure of $16,039.41 for interest and penalty fees imposed by the Internal Revenue Service for late tax filings. �i 'L . C. A A 2�. PREPARED BY: Date: r II y Constance C. Murray General Operations Manager Clerk of the Circuit Court REVIEWED BY: �i+� � Date: J s L. Mitchell Director of Finance and Accounting Clerk of the Circuit Court Agenda Item No, 16F1 September 14, 2004 Agenda Item No- '1112 of 132 COLLIER COUNTY September 14, 2 -004 BOARD OF COUNTY COMMISSIONERS Page 2 of 2 Item Number 16F1T Item Summary Recommendation that the Board of County Commissioners authorize expenditure in the amount of $16.039.41 to Internal Revenue Service for interest and penalty fees for late tax filing in March 2003. Meeting Date 8/10x'2004 9:00:00 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 8111/2004 4 :52 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 8/24/2004 5:06 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 8/2512004 9:26 AM Agenda Item No. 16F1 September 14, 2004 Agenda Item W691 8t 132 September 14, 2004 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve the Memorandum of Understanding with Waste Management Inc. of Florida to load, transport and dispose of municipal solid waste from the Immokalee Landfill to the Okeechobee Landfill. OBJECTIVE: That the Board of County Commissioners (Board) approve the attached Memorandum of Understanding (MOU) pursuant to Landfill Operation Agreement as amended with Waste Management Inc. of Florida (WMIF) to set the rate to load, transport and dispose of municipal solid waste (MSW) from the Immokalee Landfill to the Okeechobee Landfill, and direct the County Manager to execute the agreement CONSIDERATIONS: The Immokalee Landfill has reached its capacity. The Landfill Operation Agreement dated February 7, 1995 ( "LOA ") requires WMIF to construct a transfer station to receive and then transport the MSW to the Naples Landfill for disposal at no additional cost to the County. In addition, the Second Amendment to Landfill Operation Agreement dated June 12, 2001 ( "LOA 2 °d") with WMIF allows for the loading and transportation of MSW from the Naples Landfill for disposal at the Okeechobee Landfill for $54.00 per ton. WMIF has agreed to a reduced and adjusted cost option to the County. WMIF will load, transport and dispose of MSW from the Immokalee Landfill to the Okeechobee Landfill at a rate of $ 42.48 per ton with terms and conditions identified in LOA and LOA 2°d. The total adjusted fee of $ 42.48 per ton is calculated in accordance with and pursuant to the Board approved contracts as amended. The total fee is adjusted to reflect the difference in distance in miles between the Immokalee and Naples landfills. Pursuant to the MOU, the County reserves the right to exercise the terms and conditions of this MOU including diverting MSW from the Immokalee landfill to the Naples Landfill pursuant to LOA at any time. MSW from the Immokalee Landfill for disposal at the Okeechobee Landfill will be counted toward sliding scale pursuant to LOA as if it is coming to the Naples Landfill. MSW from Immokalee Landfill for disposal at Okeechobee Landfill will not diminish the total maximum reserved capacity of 930,000 tons under Capacity Disposal Agreement section (7). The diversion of MSW from the Immokalee Landfill to the Okeechobee Landfill is consistent with the Integrated Solid Waste Management Strategy and will preserve air space in the Naples Landfill. Agenda Item No. 16F1 September 14, 2004 Agenda Item I`fd946Fj9f 132 September 14, 2004 FISCAL IMPACT: Funds are available in Solid Waste Dis Page 2 of 7 additional cost associated with transferring MSW from the Immokalee landfill to o the Naples Landfill is $4.6 million for the life of the Landfill. The net present value of the preserved airspace (disposal) capacity is approximately $6.2 million. Therefore the overall positive cash flow under this option is approximately $1.6 million to the County and two years of extended Landfill Life. GROWTH MANAGEMENT IMPACT: This action is consistent with the Solid Waste Sub - Element of the Growth Management Plan as presented in the Annual Update and Inventory Report (AUIR). The diversion of MSW from the Immokalee Landfill to the Okeechobee Landfill is anticipated to preserve approximately 10% of the disposal (airspace) capacity at the Naples Landfill which extends available airspace (disposal) capacity to 2026 (See Exhibit I). Furthermore, diversion of the MSW to the Okeechobee Landfill will avoid adding traffic from the current heavy truck traffic load on Immokalee Road. RECOMMENDATION: That the Board of County Commissioners (1) approve the Memorandum of Understanding, and (2) authorize the County Manager to execute same which will authorize the diversion of MSW from the Immokalee Landfill to the Okeechobee Landfill. Agenda Item No. 16F1 Agenda Item No. 16171September 14, 2004 COLLIER COUNTY September 14, 2004 Page 125 of 132 Page 3 of 7 BOARD OF COUNTY COMMISSIONERS Item Number 16F1U Item Summary Recommendation to approve the Me ^:orandurn of Understanding with Waste Management Inc. of Florida to ioad, transport and dispose of municipal solid waste from the Imrnokalee Landfill to the Okeechobee Landfill. Meeting Date 8!10;2004 9.00:00 AM Prepared By Date Gary R. Morocco Operations Manager 819/2004 9:57:09 AM Pubic Utilities Solid Waste Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 8!912004 10:03 AM Approved By G. George Yilmaz Solid Waste Director Date Public Utilities Solid Waste 8!912004 10:45 AM Approved By Steve Camell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 819120044:10 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 8!912004 4:20 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 8!912004 4:28 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 81112004 12:23 PM Approved By Randy Greenwald ManagementlBudget Analyst Date Board of County Office of Management 8 Budget Bill 112004 12:38 PM Commissioners Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 81171200411:33 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 812012004 11:07 AM Approved By James V. Mudd County Manager Date Board of County Office County Manager's O 8!2012004 12:27 PM Commissioners Agenda Item No, 16F1 September 14, 2004 Agenda Item W69161q of 132 September 14, 2004 MEMORANDUM OF UNDERSTANDING Page 4 of 7 Pursuant to the Landfill Operation Agreement as amended This Memorandum of Understanding is dated this day of 2004 by and Between WASTE MANAGEMENT INC. OF FLORIDA ( "WMIF], a Florida corporation, and COLLIER COUNTY, a political subdivision of the State of Florida ( "County"). WHEREAS, WMIF and the County are parties to that certain Landfill Operation Agreement dated February 7. 1995 ( "LOA "), the Second Amendment to Landfill Operation Agreement dated June 12, 2001 ( "LOA 2nd "), and the Disposal Capacity Agreement dated June 12, 2001 ( "Disposal Capacity Agreement "); and WHEREAS, the County and WMIF desire to supplement and confirm the understanding of the parties with regard to the transfer of waste from the site of the Immokalee Landfill after its closure as provided in Sec. 2.11 of the LOA; and WHEREAS, the parties desire to memorialize their understanding as set forth herein. NOW, THEREFORE, in consideration of these premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Section 2.11 of the LOA provides that after closure of the Immokalee Landfill, WMIF will build a transfer station at the site and operate it for the transfer of municipal solid waste ( "MSW "), construction and demolition debris ( "C&DI and other accepted wastes for ultimate disposal (collectively, "Acceptable Wastes "). 2. While Section 2.11 originally designated the Naples Landfill as the site for disposal of such waste, the County now has the option to utilize the provisions of the Disposal Capacity Agreement and the Second Amendment to Landfill Operation Agreement dated June 12, 2001 to direct the waste to Okeechobee Landfill for disposal. Currently, under that Agreement, the rate for loading, transportation to and disposal at Okeechobee Landfill is $54.00 per ton from Naples Landfill. The fee of $54 is adjusted to reflect the difference in mileage from the Immokalee Landfill to Okeechobee Landfill in accordance with and pursuant to the Board approved contracts as amended. 3. WMIF agrees to a reduced and adjusted cost option to the County. WMIF will load, transport and dispose all, or portion of, Acceptable Waste, as authorized by the County at a rate of $ 42.48 per ton from Immokalee Landfill to Okeechobee Landfill with terms and conditions identified in LOA and LOA 2nd. 4. This rate shall be subject to annual adjustment pursuant to Section 5.2 of the LOA (which refers to CPI adjustments) and Section 2.29(7) of the LOA 2nd Page 1 of 2 Agenda Item No. 16171 September 14, 2004 Agenda Item K@91 6n G1 132 September 14, 2004 Page 5 of 7 (which refers to adjustments for changes in the cost of fuel and fuel taxes). Adjustments pursuant to Section 2.29(7) shall apply only to the quantity of fuel consumed by WMIF in transporting the Acceptable Waste from Immokalee to the Okeechobee Landfill and shall only apply to that period commencing after the execution of this Memorandum. 5. The reduced and adjusted fee shall be further reduced by 2% if the County pays the Contractor within 20 days after the County Receives the contractors monthly bill under the terms and conditions outlined in second Amendment to the Operations Agreement as approved by the Board pursuant to the section 2.29. 6. MSW from Immokalee Landfill for disposal at Okeechobee Landfill will not diminish the total maximum reserved capacity of 930,000 tons under Capacity Disposal Agreement section (7). MSW from Immokalee Landfill for disposal at Okeechobee Landfill will be counted toward the sliding scale pursuant to LOA as if it is coming to the Naples Landfill for disposal. Pursuant to LOA, the sliding scale will be adjusted if the County diverts the MSW tonnage to a disposal facility that is not owned or operated by WMIF. 7. The County reserves the right to exercise the terms and conditions of this MOU including diverting MSW from the Immokalee landfill to the Naples Landfill pursuant to LOA at any time. IN WITNESS WHEREOF, this Memorandum of Understanding is executed by the authorized representatives of the parties as of the day and year first above written. DATE: WASTE MANAGEMENT INC. 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IIRRR��1 pOpO pp y �pp pppp. A W: Q �Q' Q��pp C i 4 'pp �p C� O ,.a � � a• 3-s� 3Y 2K� aR;'�R- Ze;3E' � �2',�° 3- ZE 34:x° 3Q 34 �'� � 34,E � � � 3 a $'� •6 Q Q Q M N H N N N N N N: N N N N N N N N N N N N �QI O p OQ °¢ o~ ,d u Agenda item No. 16F1 September 14, 2004 Agenda Item PPd9j 6F19t 132 September 14, 2004 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to have the Collier County Board of County Commissioners authorize a $40,000 Budget Amendment transferring funds from the Community Development and Environmental Services' Planning Fund 131 Reserves to the Engineering Services Department— Personal Services appropriation unit. OBJECTIVE: To have the Board of County Commissioners approve a $40,000 Budget Amendment transferring funds from Planning Fund 131 Reserves to the Engineering Services Department - Personal Services appropriation unit (regular salaries). CONSIDERATIONS: A $40,000 Budget Amendment is required to provide adequate funds for regular salaries within the Engineering Services Department for the balance of Fiscal Year 2004. The budget deficiency is due to the mid -year transfer of one full -time equivalent (FTE) management employee from Transportation (fund 001) to Engineering Services (fund 131). FISCAL IMPACT: Sufficient budget is available in fund 131 reserves. GROWTH MANAGEMENT IMPACT: There are no growth management issues relative to this action. RECOMMENDATION: That the Board approve the S40,000 Budget Amendment. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda item No. 16F1 Agenda Item No. 16F1September 14, 2004 September 14, 2004 Page 131 of 132 Page 2 of 2 Item Number 16FIV Item Summary Recommendation to have the Collier County Board of County Commissioners authorize a 540:000 Budget Amendment transferring funds from the Community Development and Environmental Ser.,ices' Planning Fund 131 Reserves to the Engineering Services Depariment — Personal Services appropriation unit. Meeting Date 8124.`2004 9.00:00 AM Prepared By Date Michael S. Levy Administrative Assistant 8124!2004 9:51:58 AM Community Development & Financial Admin. &Housing Environmental Services Approved By Denton Baker Financial Admin & Housing Director Date Community Development & Financial Admin. & Housing 8124;2004 11:13 AM Environmental Services Approved By Sandra Lea Executive Secretary Date Community Development & Community Developme +lt & 8124/2004 11:22 AM Environmental Services Environmental Services Admin. Approved By Stan Chrzanowski Engineering Review Manager Date Community Development & Engineering Services 8i2412004 1:08 PM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development 8 8;24;2004 1:19 PM Environmental Services Environmental Services Admin. Approved By Community Development 8 Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & 812412004 4:18 PM Environmental Services Environmental Services Admin. Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 8125/2004 8:30 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 8/25/2004 8:37 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/2512004 10:50 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 8125/2004 11:31 AM Commissioners X4 .; IJ2 COLLIER COUNTY 90—Cr CO— COM-SWNEPS S— --1.9 D— I F D. ol Apps —d a, Agenda Item No. 16F2 September 14, 2004 Page 1 of 2 EXECUTIVE SUMMARY Approve a Budget Amendment for the Ochopee Fire Control District Transferring funds from Reserve for Contingencies to Regular Salaries in the amount of $65,000. OBJECTIVE: To obtain Board of County Commissioners approval of a Budget Amendment to cover necessary personnel services cost in the FY04 budget. CONSIDERATION: Due to unanticipated pay adjustments and overtime due to the illness of personnel, a short fall in the personal services budget has occurred. A budget amendment in the amount of $65,000 is necessary to fund this short fall. These expenses were included in the FY 04 budget forecast, as reviewed during the June budget workshops. FISCAL IMPACT: Funds in the amount of $65,000 are available in the Reserve for Contingency, Ochopee Fire Control. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the Budget Amendment. PREPARED BY: Chief Paul Wilson, Ochopee Fire Control District Ag a V- `.62 'api anGer < 2Ka a� 2 COLLIER COUNTY SCABO oz cVjm" COMMISSIONERS App—ad BY N d— App .... d By DoY App,,,,d By pp—" By c.—ly .—I App—d By -.A 13:3A ku App—d BY Agenda Item No. 16F3 September 14, 2004 Page 1 of 34 EXECUTIVE SUMMARY Recommendation to Affirm the Letter of No Objection Relative to the Annexation of Horr's Island (Key Marco) into the City of Marco Island OBJECTIVE: Board affirmation of a Letter of No Objection from Collier County relative to the Annexation of Horr's Island (Key Marco) into the City of Marco Island. CONSIDERATIONS: The City of Marco Island has been actively pursuing the annexation of Horr's Island (Key Marco). The City of Marco Island provided the required Annexation Report (attached) dictated by Florida Statutes. The Florida Department of Environmental Protection in a letter dated March 11, 2004 requested that the City of Marco Island obtain a letter of no objection from Collier County relative to the annexation. Florida Statutes do not require "approval" or a "letter of no objection" by Collier County. On August 26, 2004 the City of Marco Island requested a letter of no objection via e- mail. As the annexation vote was scheduled for August 31, 2004 the County Manger provided the City of Marco Island a letter of no objection (attached) subject to the following stipulation relative to the provision of public utilities in the annexed area: "By acceptance of this "Letter of No Objection," The City and Collier County agree that the County shall continue to supply existing utility services to the area being annexed unless, until, and to the extent, such service may be modified by Interlocal Agreement between the City of Marco Island and Collier County." .— On August 31, 2004 the registered electors of Key Marco voted 11 -0 (100°/x) in favor of the annexation into the City of Marco Island. Based upon the written consent received from the vast majority of property owners (including the State and the Key Marco Homeowners Association) and the unanimous vote received, all statutory requirements have been met to complete the annexation process. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. FISCAL IMPACT: The Property Appraiser certified the FY 05 taxable value on June 28, 2004. The certified taxable value reflects the valuation as of January 1, 2004. As such the Key Marco annexation will not result in any change to the FY 05 taxable values. In FY 06 the taxable value for Key Marco (approximately $67.2 million) will be included in the taxable value of the City of Marco Island rather than the Unincorporated Area General Fund. Based on the current 0.8069 mill tax levy, this amounts to a revenue loss of approximately $54,200 in unincorporated area tax revenue. There is no change to the countywide taxable value, as Key Marco remains in Collier County. RECOMMENDATION: That the Board of County Commissioners Affirm the Letter of No Objection provided by the County Manager relative to the annexation of Hon's Island (Key Marco) by the City of Marco Island. Prepared by: Michael Smykowski, OMB Director APP-4 By 1,. .. COLLIER COUNTY SCAM C cc.-Ty comm*"..ERS —aso — •B: N. G— I q --e. [Mr'— — of --- a --: - ApprerW Br Jan Yrri3M]a Y {r A51 Flw 2 0! 34 clof-y '.c ' James Mudd County Manager 3301 E. Tamiami Trail Naples, FL 34112 Re: Annexation of Key Marco Dear Mr. Mudd: April 6, 2004 Agenda Item No, 16F3 September 14, 2004 Page 3 of 34 Marco Island As you are aware, the City of Marco Island is actively pursuing the annexation of Horr's Island (Key Marco). Attached please find a copy of the required Annexation Report that was received and unanimously approved by City Council last evening. Acceptance of the Report by City Council is the first formal step in the annexation process. Mr. Greg Niles is our Community Development Director who will act as lead staff liaison for this project. Mr. Niles is ready to provide any additional information to you or your staff, and he can be reached directly at 389 -5004. If I can be of further service, please contact me at your earliest convenience. Sincerely, oM 41uliiam Moss City Manager Cc: Greg Niles I 50 Bald Eagle Drive, Marco I81aad, Florida 34145 (239)389 -6000 FAX (239) 389 -4359 Agenda Item No. 16F3 September 14, 2004 Page 4 of 34 RESOLUTION NO. 04-18 A RESOLUTION ACCEPTING THE ANNEXATION `REPORT FOR HORR'S ISLAND (KEY MARCO) AND SURROUNDING KEYS INTO THE. CITY OF. MARCO ISLAND AS PREPARED PURSUANT TO. SUBSECTION 171.042, FLORIDA STATUTES; ACCEPTING SUCH FINDINGS CONTAINED IN THE ANNEXATION REPORT. THAT THE AREA- SOUGHT TO BE ANNEXED MEETS REQUISITE CRITERIA UNDER SUBSECTION 171.0439 FLORIDA STATUTES, AND THUS IS QUALIFIED FOR ANNEXATION. WHEREAS, the City of Marco Island was established pursuant to an Act of the . Legislature of the State of Florida, on August 27, 1997, with such Act defining the territorial boundaries of the City; and -� WHEREAS, the City of Marco Island desires to annex Horr's Island (Key Marco) and several surrounding keys, containing approximately 965 acres; and - WHEREAS, Chapter 171, Florida Statutes, regulates the annexation process for Florida municipalities; and WHEREAS, an Annexation Report has been prepared pursuant to Subsection 171.042, Florida Statutes for the area sought for annexation; and WHEREAS, by acceptance of this Annexation Report the City Council of the City of Marco Island hereby confirms the area sought for annexation meets the requisite criteria under Subsection 171.043, and thus is qualified for annexation; and WHEREAS,. acceptance of the Annexation Report by City Council .a copy of-. atie Report will be forwarded 'to ae attention of the. Collier County Board of County: Commissioners to begin the official annexation process. NOW, THEREFORE,. BE IT RESOLVED BY THE CITY COUNCIL OF MARCO ISLAND, FLORIDA that The Annexation Report for. Hon's Island (Key Marco) and Surrounding Key Attached hereto and incorporated herein as Exhibit "A" is hereby accepted with a finding that the area sought to be annexed meets the requisite criteria in Section 171.043, '° Florida Statutes, and thus Is qualified for annexation. Agenda Item No. 16F3 September 14, 2004 Page 5 of 34 2 Agenda Item No. 16F3 September 14, 2004 Page 6 of 34 ANNEXATION REPORT HORR' S ISLAND (KEY MARCO) AND SURROUNDING KEYS INTO THE CITY OF MARCO ISLAND Pursuant to Chapter 171.042, Florida Statutes Prepared March 189 2004 Accepted by City Council April 5, 2004 Transmitted to Collier County Board of Commissioners April 6, 2004 Agenda Item No. 16F3 September 14, 2004 Page 7 of 34 I ANNEXATION REPORT COMPLIANCE WITH FLORIDA LAW This Annexation Report is being prepared and adopted by the City of Marco Island pursuant to Section 171.042, Florida Statutes. eI�1.1�i7:�rf�7�1C� : i�r • . r r.� :: : _ �_: :.i.� ��r. The City of Marco Island is proposing to annex approximately 965 acres of developed land and natural preserve areas. The area includes the total landmass of Horr's Island (Key Marco), and several small mangrove keys in the bays that separate Horr's Island from the corporate limits of Marco Island. A map identified as Exhibit "A" shows the area sought for annexation with current and proposed city limits. In the late 1960's and early 1970's the areas sought for annexation were part of the overall master plan for Marco Island as envisioned by the then owner, the Deltona Corporation. After years of legal actions the historic Deltona Settlement Agreement was entered into which shifted much of the planned development off Marco Island, and onto the mainland of Collier County. Except for limited development areas, including a site known as "Key Marco ", the remaining areas were transferred to the State of Florida through the State of Florida Board of Trustees of the Internal Improvement Trust Fund as preservation lands. Rookery Bay is the local representative and manager of State lands in and around the subject annexation area. For over a year Marco Island city staff, the owners and residents of Key Marco, representatives of Rookery Bay, and the Florida Department of Environmental Protection have been discussing the potential for annexation. It is the City's understanding that most involved parties are in favor of, or not objecting to, annexation at this time (see attached letter of No Objection from the FDEP). IPROVISION OF URBAN SERVICES As defined in Chapter 171, "urban services" means any services offered by a municipality, either directly or by contract, to any of its present residents. The only developed area in the territory sought for annexation is Key Marco, a Planned Unit Development (PUD). Through the establishment of a community development district the necessary infrastructure to support the 134 platted single - family lots, and community amenities, has been previously installed. The Key Marco development has an established roadway network of paved streets, with curb and gutter sections, street lighting, and a bridge. All potable water and sanitary sewer lines and necessary support facilities have been installed and are currently available to all lots. The existing delivery system for potable water serving Key Marco is via a water storage tank owned by Collier County at the foot of the Goodland Bridge. From the County's Agenda Item No. 16173 September 14, 2004 Page 8 of 34 tank water flows along San Marco Road approximately 8,000 feet through a 12 -inch line to the entrance to Key Marco. Near the Blue Hill Creek Bridge the 12 -inch line reduces to a 10 -inch PVC line. At the intersection of Whiskey Creek Drive the 10 -inch line tees, with a continuation of the 10 -inch line to the west along Blue Hill Creek Road, and an 8- inch line feeding to the east along Blue Hill Creek Road (see attached utility maps). The City of Marco Island, through the Marco Island Utility is the entity responsible for the treatment of potable water supplied to the residents of Key Marco. No expansion to the potable water delivery system is contemplated in conjunction with this annexation. The entire Key Marco development has immediate access to an existing sanitary sewer system. The system was designed to accommodate 134 single - family dwelling units, a community center, and a guardhouse, and is comprised of pump stations, force mains, and 6 -inch sanitary lines. The sewerage generated from Key Marco is pumped to the treatment facility owned and operated by Marco Island Utilities. No expansion to the sanitary sewer conveyance system is contemplated in conjunction with this annexation. The City. of Marco Island is now a full- service community providing, in addition to water and sewer services, fire and police, building permit and inspection, park and recreation, and general public works services. Through an existing agreement fire services are already being provided to Key Marco. Local services are further supplemented by Collier County, either through direct service or contracts, including Sheriff services, mosquito control, and solid waste collection. All these supplemental services are available to present residents of Marco Island and will be extended to the annexed area on substantially the same basis and same manner. CHARACTER OF THE AREA TO BE ANNEXED Pursuant to Florida Statutes, section 171.043, a municipal governing body may propose to annex an area only if it meets specific standards. The first standard as set forth in Section 171.043(1), Florida Statutes, is as follows: (1) The total area to be annexed must be contiguous to the municipality's boundaries at the time the annexation proceeding is begun and reasonably compact, and no part of the area shall be included within the boundary of another incorporated municipality. Essentially this first standard has three components: contiguity to the municipality's boundaries; compactness; and unincorporated status. The Hon's Island (Key Marco) area sought for annexation meets this standard. First, Section 171.031(11), Florida Statutes, defines "contiguous" to mean that a substantial part of a boundary of the territory "sought to be annexed" by a municipality is coterminous with a part of the boundary of the municipality. The separation of the territory sought to be annexed from the annexing municipality by a publicly owned county park; a right -of -way for a highway, road, railroad, canal or utility; or a body of water, watercourse, or other minor - geographical division of a similar nature, running parallel with an between the territory 74 Agenda Item No, 16F3 September 14, 2004 Page 9 of 34 sought to be annexed and the annexing municipality, shall not prevent annexation under this act, provided the presence of such a division does not, as a practical matter, prevent the territory sought to be annexed and the annexing municipality from becoming a unified whole with respect to municipal services or prevent the inhabitants from fully associating and trading with each other, socially and economically. However, nothing herein shall be construed to allow local rights -of -way, utility easements, railroad rights - of -way, or like entities to be annexed in a corridor fashion to gain contiguity; and when any provision or provisions of special law or laws prohibit the annexation of territory that is separated from the annexing municipality by a body of water or watercourse, then that law shall prevent annexation under this act. In regard to the proposed annexation the territory "sought to be annexed" meets the terms contained in the definition of contiguous. The subject territory is coterminous with approximately seven (7) miles of current municipal limits. The territory "sought to be annexed" is separated from the City of Marco Island by several bodies of water including Caxambas Bay, Barfield Bay, Blue Hill Creek and Blue Hill Bay. The subject territory is linked to the mainland of Marco Island via an existing bridge over Blue Hill Creek. All infrastructure and vehicular access to Key Marco is through this bridge structure. Further, the main entrance into the Key Marco development, and a portion of their property, is currently located within the corporate limits of the City of Marco Island. Second, Section 171.031(12), Florida Statutes, defines "compactness" to mean concentration of a piece of property in a single area and precludes any action which would create enclaves, pockets, or finger areas in serpentine patterns. Any annexation proceeding in any county in the state shall be designed in such a manner as to ensure that the area will be reasonably compact. Again, the only developed area within the territory "sought to be annexed" is Key Marco. The approved development pattern (layout) for Key Marco was consistent with the Deltona Settlement Agreement, which limited development primarily to upland areas. As a result of complying with the Settlement terms, there is a serpentine pattern to the developed areas. However, that pattern was dictated by the natural geography of the land, and a desire to preserve mangrove or wetland areas. Further, this annexation will eliminate the potential for this area becoming an enclave or pocket of development. Therefore, the territory "sought to be annexed" complies with the Statutory provision for "compactness ". And- third, the area "sought to be annexed" is totally within the boundaries of unincorporated Collier County. The second required standard met by the proposed annexation is set forth in Section 171.043, Florida Statutes: (2) Part or all of the area to be annexed must be developed for urban purposes. An area developed for urban purposes is defined as any area which meets any one of the following standards: 3 Agenda item No. 16F3 September 14, 2004 Page 10 of 34 (c) It is so developed that at least 60 percent of the total number of lots and tracts in the areas at the time of annexation are used for urban purposes, and it is subdivided into lots and tracts so that at least 60 percent of the total acreage, not counting acreage used at the time of annexation for nonresidential urban purposes, consists of lots and tracts S acres or less in size. The State of Florida defines "urban purposes" to mean that land is used intensively for residential, commercial, industrial, institutional, and governmental purposes, including any parcels of land retained in their natural state or kept free of development as dedicated greenbelt areas. The development of Key Marco ( Horr's Island), and the surrounding area sought for annexation, was greatly influenced and restricted by the terns of the Deltona Settlement Agreement (circa 1982). This historic settlement agreement halted substantial land development plans of the Deltona Corporation for the eastern portion of Marco Island in exchange for development rights on the mainland of Collier County. While limited development rights were retained for specific areas on Marco Island, including Key Marco (Horn's Island), the bulk of the land area was dedicated to the State of Florida and subsequently preserved in its natural state. In the 1980's development of Key Marco began as a Planned Unit Development approved by Collier County under the terms and conditions of the Deltona Settlement 4 Agreement. The development has evolved into an upscale residential neighborhood comprised of one hundred thirty -four (134) lots, with community amenities, and conservation/greenbelt areas. None of the 134 - platted residential lots exceed five acres in size. r Pursuant to information associated with the Deltona Settlement Agreement Horr's Island (Key Marco) consists of approximately 804 acres, with 142 acres utilized for development purposes, and 662 acres retained for preservation purposes. Further, in the Final Environmental Impact Statement by the Deltona Corporation to the U.S. Army Corps of Engineers, the 142 -acre development area was found to be comprised of 111 upland acres and 31 wetland acres. And because of the unique circumstances of extensive preservation lands associated with the proposed annexation, a third required standard is involved as set forth in Section 171.043(3), Florida Statutes: (3) In addition to the area developed for urban purposes, a municipal governing body may include in the area to be annexed any area which does not meet the requirements of subsection (2) if such area either. (b) Is adjacent, on at least 60 percent of its external boundary, to any combination of the municipal boundary and the boundary of an area or areas developed for urban purpose as defined in subsection (2). 2 r Agenda Item No. 16F3 September 14, 2004 Page 11 of 34 In addition to the developed area of Key Marco (urban purposes), the remaining landmass of Hon's Island plus several adjacent mangrove islands in Barfield Bay, such as David Key, Pig Key, Alpha and Beta Keys, have been included in the proposed annexation. The preserved portion of Horr's Island (662 acres), the mangrove islands, plus some N residual areas east of Horr's Island, constitute approximately 161 additional acres, bringing the total area sought for annexation to 965 acres. Except for the development areas provided for, or specifically excluded from, the Deltona Settlement Agreement, the Nbalance of the area sought for annexation will be retained in its current, natural state. The developed portion of Key Marco is separated from the mainland of Marco Island by ya bridge therefore the preserve areas constitute almost 100 percent of the external boundary of the annexation territory. As previously stated, the territory sought for annexation is coterminous with the current municipal limits for approximately 7 miles. Thus, the preservation areas not used for urban purposes are adjacent, on at least 60 percent of its external boundary to the municipal boundary, satisfying provision (3)(b). NBased on the information and analysis above, the area proposed for annexation meets the criteria under subsection 171.043, Florida Statutes. Therefore, upon acceptance of this Annexation Report the City of Marco Island certifies that the territory sought for Nannexation is so qualified. ADOPTION OF REPORT Upon adoption of this Annexation Report a copy shall be sent to the Board of County Commissioner of Collier County in accordance with Section 171.042(2), Florida Statutes. 5 Y S O K S O J J U Y O W V W Y O W aU r. O- W �zW w r✓ A -.� V ] . r .Y K <a G tl S~O tlWLr a S WCU Oto t > J W O Ut>IUz Qr< �- o o n 3 00 < 0 N z :OR Lt. W L r Zr- 0; oy O tl Y LL I i / / / / ,I II. i � i u° j. �s Agenda item No. 16F3 September 14, 2004 Page 12 of 34 \✓ �f \I `� % i I Oi ' a id i i S i - i i r O i 1 1 A UA la LL. a r■ 0■ i Z � 1 t °�� .\ t i f`mi��t UT, � .t f :!M 9 \✓ �f \I `� % i I Oi ' a id i i S i - i i r O i 1 1 A UA la LL. a r■ 0■ i Z � 1 t °�� .\ t i f`mi��t a 7 4 r. --. nm -is I 4- lIXZ' 1��. J-5 V�R LLM ft _t7 k, J. mi % .'e 'X Lu % r Al 4 C7 co Agenda Item No. 16F3 §eVember 14, ,9�� ID '•y Page 14,f 34 CJ us Q •. e h 0yU in 1 Yj Z7 2 ,a t is c• i O - li7 N i }-. }• woo-row a 06 cr co tj to Gb ). �..• tiv.�. i� r '� ` 1` � 4 +•� ~�` -�, }•' •. � 1� Nom. ♦� cam. x -v y x.. ,.:� �q i'• f - i :•' ° ;• V �'..CY ;[ • N L in 4 _� � • N . .: LLJ m + w ✓ t,R N to LO ' u�• CO uj all Q' NO f :C�• Q r Oto ,:�`F _ 'r •.��47 ,fir_.: - i _,�,t` N _x .r � Y C. i :lam «. a •� y��'� N , - in ti ✓ Ao CD LLP to +}0) co J �[ co to co LJ LL. iYT� �,� N N �: �< � f" � to � 1'� G - J• . N r )� for ` .r �'� N' •3••• •• �' co cri C13 C4 w Ln •• •• (p P• •• i. is �.�, • 1 N • t V Agenda Item No. 16F3 September 14, 2004 Page 15 of 34 ATTACHMENTS 1. Letter to James Mudd, County Manager, dated December 23, 2003. 2. Letter from Tracy Peters, Senior Acquisition Review Agent, Florida Department of Environmental Protection, dated March 11, 2004. i 3. Figure "3 ", Deltona Settlement Exhibit. 4. Table 1, Keyed to Figure "3 ", Deltona Settlement Exhibit. 5. Potable Water System (5A -5D), Collier County Public Utilities Division. 6. Sanitary Sewer System Information, Record Drawings, September 1, 1994 (Master Pump Station #2). 7. Current Ownership Roll, Key Marco, Property Appraiser Records. 8. Government Lots Including in Annexation Area, Property Appraiser Records. V James Mudd � . County Manager 3301 E. Tamiami Trail Naples, FL 34112 Agenda Item No. 16F3 September 14, 2004 Page 16 of 34 City 'of Mar'co Island December 23, 2003 Re: Future Annexation of Key Marco Dear Mr. Mudd: For close to a year the owners and residents within the Key Marco PUD have been discussing with city staff the potential for annexation into the City of Marco Island Currently a small portion of the PUD is located within the city limits, with the rest of the development separated by Blue Bill Creek. The City would like to pursue formal annexation of the remainder of the Key Marco PUD, and adjacent conservation areas under the control of the State of Florida. While staff is still determining the total area to be presented of annexation, it should be in the range of 850 to 1,000 acres. Attached for your reference is a map identifying the area sought for possible annexation. The purpose of this letter is to inform you of the desired annexation, and to 'inquire as to any County policies or procedures that will be involved in the annexation. Mr. Greg Niles is our Community Development Director who will act as lead staff liaison for this project. Mr. Niles is ready to provide any additional information to you or your staff, and he can be reached directly at 389 -5004. If I can ,be of further. service, - please contact me at your earliest convenience. Wishing you a happy holiday season and the best for 2004. rm R,ta F.,..1.. T)r;". Marco Ind, Floe► 34145 Jeb fit, Governor Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 . March 1I, 2004 Mr. K Greg Niles, AICP - Community Development Director City of Marco Island 50 Bald Eagle Drive Marco Island, Florida 34145 RE: Annexation of Key Marco (Horr's Island) into the City of Marco Island Agenda item No. 16F3 September 14, 2004 Page 17 at 4 Colleen M Castille Secretary Dear Mr. Niles: The Division of State Lands, as agent for the Board of Trustees of the Internal Improvement Trust Fund, - has no objection to the City of Marco Island annwdng Key Marco (Horr's Island) into the City provided,` " however, that the County has no objection to the anne.Nation. - You Mil I treed to contact the County to obtain their consent In the past we have had instances in wWch the affected County did not want to relinquish control of the state -owned lands. If Collier County objects to the annexation, tive «'ill need to have further dialogue with the City, County and Rookery Bay staff to determine what is best for the state property. If you have any questions, Please call me at (850) 245 -2730. Sincerely, Tracy Peters, Senior Acquisition Review Agent Bureau of Public Land Administration ::.. • ...4 ... l� - �.. �!•' s - -.. :Sf.. .•�.. Ilii .�I '.�:.t��'.-� /� � mow, •t `1_� h:, ii ^.L ... '� -' .. .. - . �. ... .....- � 'fit' ._ . � �:� .tii:J. *•. ?',:- "MoreTrotectim Less Process -, i Agenda Item No. 16F3 September 1 �• j %; Page 18 of of3� • +�/T!'aJVX��iC.;:3i�• � �.+A...a.11 .!• 4.1.•7. .'•t.. • US 41 OTHER DOMING TRACTS A. ISLES OF CAPRI B. t= :;`• , i . OLD MARCO VILLAGE' = SR: 951':`• '; C. wo"p - y_ D D. ROOKERY BAY SANCTUARY E. AQUATIC PRESERVE C-14 QULF. OF. •M EXI C0 7 SR 9 d . BIG MARCO v PASS MARCO Q o Q•° ISLAND a o _ 2 4. CAxAMBAs �� a pEL ELTONA TRACTS PASS 1, MA= R1VFR 1.574 (0*vWq •d) - 2 ROBERTS .BAY 2290 pjjW TIED 3. c0LUER BAY 1211 N . 4. BARFIEiD BAY . 1151-1 DENIED I 5. BIG KEY 1138 PERA11T5 B. COt1JER READ 2010- (Un8 24) 7. 7500 ACRES . 6507 8. SANCTUARY . 2842. 1 2. 2 9. ROWS ISLAND 8" CAPE ° 10. 1976 PURCHASE 1912 11. 1982 PURCHA 756 ROMANO SE OTHER LANDS SCALE IN MILES. ISLAND LANDS 233 MARCO ISLAND PRESERVATION 3184 (original Land) . OWNERSHIP AREAS - TOTAL OWNERSHIP 25718 - Agenda item No. 16F3 I September 14, 2004 .• _+ Collier Associates Ltd. Page 18 1 TABLE 1. I (Keyed to Areas Shown.on Figure 3) Ownership,Summary _ Acres Developed' Preserved .Marco Island 0. I. Marco River Permit 1674 1674. 2. Roberts Bay.Permit 2290 2290 0 3. Collier Bay Permit 1211 1211 0 '100T...'.7 4. Barfield 1157 150 .Bay 5.. Big Rey .. - 1138 19 1119 Unit .24. (Collier -Read) 2010 0 . 2010 . 7. '7500 Acres= - 6507 336. 2842 " 8. Sanctuary: , . 9. Ho rr's'Island 2842 804 0 - 142 662 19633 5822 13811 other Island Areas - 233 120 -113 1994 Other Preservation Lands 1994 0 `Sanctuary Previously Deeded 1190. 0. 1190 0 1976 Purchase -. 10'.-, 1912 870 1042:. - 19 .•11 -. 1982'.Purchase• 756 737 Total Ownership 25718 7549 18169 Percent Allocation 29% 71% IMarco Island Total 1 -5 + Other Island Areas - 7703 Acres Acreage Statistics for Collier Associates .Ltd - _ ., ; ;,' ,- _ development in Units 30A and 30B,, Unit Original 2ew "Preserved Development Area.: _ - Permit :. Permit .. Upland . • Wetland . - s Unit.30B 1886 737 19 701 36' 262 Unit 30A. 870 870 0 608-- TOTAL 1607 19 1309 298 DELIU222 Agenda Item No. 16F3 September 14, 20 4 Page 204 3 s Zn� ..., T --10 --► r0 t F O d mz { Y N N fl - �i " .. Ops 0. ca Q N 0 of • r}t r F t�.i fi ex t3 . F Agenda item N o. 16F3 September 14, 2004 Page 21 QL34 -u 0 -7fT l �• r Ted 5 r:;�rO:x T p 0 m ijzcm I -g 0 d FO •'. z o K, Z pp , -Z-1MM_ y. A .i CO) R S. Agenda item No. 16F3 f F September 4 Rage 2�„pf 34 3 .i t:1 R W G .._ - Jam• r- r - N •ice' .._• jam. ro IM-00 - - ^ 7y C O 1 n m Z � n FO �1 cn ;r R . e ` N, C5 +QVi O' W ` ` { CN AZ Agenda Item No, 16F3 September 14, 2004 Page 23 of 34 rs� / O - O Il r 'O, E 1 Q 000 5 "tl r _; gg 03 r Y OOM ZCM , FO m t , \ l \ O .• \ _. OUT IS N 1 ch I , .ILA 1- 1�0 7 r7- age 19 U) 1�0 7 r7- age 19 Tn 1A. 0 Vs CA CD 0 rn W o TRM 0 s in 5�1 - .. ..... G) n 40 C yti O's C9 zc, M:m !,�c 3> ;71) -4 J 14 � Atim. z 0 SIR Zk 101- 'To ; Yy 7 LL Z47 4% '�I`v Mli`�IgAiiiilll -n .4 7X Z. Z !%M VOK wow EL - Wo -i4j tip WICtwo M-2.1 lib . 4*4, can ON& Sub /Condo Search Records found that match your search: 161 Pagel of 9 Agenda Ifem hlo 16 3 SeptemB�gt Page 25 of 34 9`7A Folio No. Owner Name Street No. Street Name BIWB1dg Lot/Unit KEY MARCO CMNTY ASSOC INC 0001 NA F 1 KEY MARCO CMNTY ASSOC INC 0001 NA G 1 KEY MARCO CMNTY ASSOC INC 2323 SAN MARCO RD H-1 1 KEY MARCO CMNTY ASSOC INC 0001 NA H-2 1 KEY MARCO CMNTY ASSOC INC 1 00011 NA 1 1 KEY MARCO CMNTY ASSOC INC 1 00011 NA L 1 1 KEY MARCO CMNTY ASSOC INC 1 00011 NA M 1 A4 KEY MARCO CMNTY ASSOC INC 00011 NA N 1 509400009031 KEY MARCO CMNTY ASSOC INC 1 00011 NA O 11 NA KEY MARCO CMNTY ASSOC INC 0001 NA P 1 BLUE HILL CREEK DR KEY MARCO CMNTY ASSOC INC 0001 NA O 1 1279 KEY MARCO CMNTY ASSOC INC 0001 NA R 1 WHEATLEY, CUSTOMN BOBS 1.3 LLC KEY MARCO CMNTY ASSOC INC 1 12711 BLUE HILL CREEK DR S 1 KEY MARCO CMNTY ASSOC INC 0001 NA T 1 4 KEY MARCO CMNTY ASSOC INC 505 WHISKEY CREEK DR U '1 1 KEY MARCO CMNTY ASSOC INC 0001 NA V 1 . BLUE HILL CREEK DR. KEY MARCO CMNTY ASSOC INC 0001 NA W 1 1 KEY MARCO CMNTY ASSOC INC 5751 WHISKEY CREEK DR X 1 SPIEGEL, ARTHUR S=& MARGARET S KEY MARCO CMNTY ASSOC INC 610 WHISKEY CREEK OR Y 1 KEY MARCO CMNTY ASSOC INC 0001 NA' Z 1: Records found that match your search: 161 Page 2 of 9 1 Folio No. I Owner Name Street No. Street Name Blk/Bidg Lot/Unft KEY MARCO CMNTY ASSOC INC 0001 NA A -1 1 KEY MARCO CMNTY ASSOC INC 0001 NA A -2 1 ' KEY MARCO CMNTY ASSOC INC 0001 NA A-3 1 KEY MARCO CMNTY ASSOC INC 0001 NA A4 1 KEY MARCO CMNTY ASSOC INC 0001 NA A-5 1 KEY MARCO CMNTY ASSOC INC 0001 NA A4 1 KNIGHT, KAREN J 1269 BLUE HILL CREEK DR 1 1 MAGGIO, SANTA C=& CAROL 1279 BLUE HILL CREEK DR 1 2. WHEATLEY, CUSTOMN BOBS 1.3 LLC 1285 BLUE HILL CREEK DR 1 1 3 ZAVADIL LTD PARTNERSHIP 1291 BLUE HILL CREEK DR 1 4 WOOD, HARRY 0=3 CANDYCE J 1297 BLUE HILL CREEK DR 1 5 WOOD, HARRY O 1296 . BLUE HILL CREEK DR. 1 6 VRDOLYAK TR, EDWARD R 1 BLUE HILL CREEK DR 1 7 SPIEGEL, ARTHUR S=& MARGARET S 1284 BLUE HILL CREEK DR 1 9 WHEATLEY CUSTOM BLDRS 1 -10 LLC 1272 BLUE HILL CREEK DR 1 10 WHATLEY CUSTOM BLDRS 1 -11 LLC 1266 BLUE HILL CREEK DR 1 11 WHEATLEY CUSTOM BLDRS 1 -12 LLC 1260 BLUE HILL CREEK DR 1 12 KALT, WILLIAM E 1254 BLUE HILL CREEK DR 1 13 BARROCO HOLDINGS INC 1248 BLUE HILL CREEK DR 1 14 KRUTISCH, HERBERT J=& MARICA 1187 BLUE HILL CREEK DR 2 1 Page: 01. 02 03 Q4,' 05 06 02, 08 Q2® Agenda Item No. 16F3 September 14, 2004 Page 26 4B ® Records found that match your search: 161 Page 3 of 9 _ Folio No. Owner Name Street jNo. Street Name BIWBid Lotltlnft GLAS, ROLAND L=& SHARON A WHISKEY CREEK DR 4 3 �I? GALLIGAN, WILLIAM J=& LYNN WHISKE Y CREEK DR 4 4 KNIGHT, KAREN J WHISKEY CREEK DR 4 5 MORRIS, JEAN ELLEN 863 WHISKEY CREEK DR 4 6 '7 REMINGTON 1504 INC 869 WHISKEY CREEK DR 4 7 . ESPOSITO, JOHN L:& JEANETTE P 875 WHISKEY CREEK DR 4 8 MORRIS, CHARLES D=& JEAN ELLEN 881 WHISKEY CREEK DR 4 9 REMINGTON 1504 INC 887 WHISKEY CREEK DR 4 10 NORTH AMERICA INVESTMENTS INC 893 WHISKEY CREEK DR 4, 11 NORTH AMERICA INVESTMENTS INC 899 WHISKEY CREEK DR 4 12 i MASSELINK, PAUL R 905 WHISKEY CREEK DR 4 13 HANSON TR, MELANIE J 911 WHISKEY CREEK DR 4 14- j RMELL LLC 917 WHISKEY CREEK DR 4 1a MORRIS, JEAN ELLEN 929 WHISKEY CREEK OR 4 Is, DSS LLC 929 WHISKEY CREEK DR 4 17 WHATLEY CUSTOM BLDRS 4.18 935 WHISKEY CREEK DR 4-- 18' WHEATLEY CUSTOM BLDRS 4.19 LLC 1079 BLUE HILL CREEK DR 4 19 NUHN, MANFRED=& ELAINE E 1085 BLUE HILL CREEK DR 4 20 PICARD, MARIE E 1091 BLUE HILL CREEK OR 4 21 PALANDRI, SAL 1 10971 BLUE HILL CREEK DR 4 22 s Page: 01 02, 2, _Q,4 25, W 07, 08, 0 .colliera ral er.com/UefData.as '!Wlllch a e=jaz a esize =zvow 1 UcL http: / /www pp s P P g P g y.�t y Folio No. Owner Name Street No. Street Name BI Idg Lot/Unit BENTLEY HANSON CORP, THE 1193 BLUE HILL. CREEK DR 2 2 A-6 PARADISE PROPERTIES LLC 1199 BLUE HILL CREEK DR 2 3 SARBER JR, RICHARD Ea& MARY K 1205 BLUE HILL CREEK DR 2 4 BLUEFIN PROPERTIES LLC 1211 BLUE HILL CREEK DR 2 5 TSANDOULAS, GERASIMOS N 1217 BLUE HILL CREEK DA 2 B PARKES TRS, ROBERT 1 1223 BLUE HILL CREEK DR 2 7 50940003227 CARROLL, C WILLIAM =& CAROLYN J 1229 BLUE HILL CREEK DR 2 8 WEINBACH, ROBERT =& PAMELA A 1235 BLUE HILL CREEK DR 2 9 ' 50940003269 AUGUST, RUDOLF W =& LINDA B 1241 BLUE HILL CREEK DR 2. 10- . �'. GRIFFITH, WALTER G 1247 BLUE HILL CREEK DR 2 - 11 KALT, WILLIAM E_& JEANNE M 1255 BLUE HILL CREEK DR 2 12 t ANTHONY MARANO CO 1236 BLUE HILL CREEK DR 3 1 WHEATLEY CUSTOM BLDRS 3-2 LLC 1230 BLUE HILL CREEK DR 3 2 EsoNW033 WHEATLEY CUSTOM BLDRS 3-3 LLC 1224 BLUE HILL CREEK DR 3 3 509400033 LANSDOWN, ROY =& BARBARA 1218 BLUE HILL CREEK DR 3 4 GRIFFITH, WALTER G 1212 BLUE HILL CREEK DR 3 5 ROCHE, CHRISTAPHER=& LILLIAN 1206 BLUE HILL CREEK DR 3 6 t 50940003447 ROCHE, CHRISTOPHER =& LILLIAN 1200 BLUE HILL CREEK DR 3 7 1. MELLEMA, RICHARD R 833 WHISKEY CREEK OR 4 . 1 WHEATLEY CUSTOM 0LDRS 4-2 LLC 839 WHISKEY CREEK DR 4 2 Records found that match your search: 161 Page 4 of 9 Folio No. Owner Name Street jNo. Street Name BIWBid Lotltlnft GLAS, ROLAND L=& SHARON A WHISKEY CREEK DR 4 3 �I? GALLIGAN, WILLIAM J=& LYNN WHISKE Y CREEK DR 4 4 KNIGHT, KAREN J WHISKEY CREEK DR 4 5 MORRIS, JEAN ELLEN 863 WHISKEY CREEK DR 4 6 '7 REMINGTON 1504 INC 869 WHISKEY CREEK DR 4 7 . ESPOSITO, JOHN L:& JEANETTE P 875 WHISKEY CREEK DR 4 8 MORRIS, CHARLES D=& JEAN ELLEN 881 WHISKEY CREEK DR 4 9 REMINGTON 1504 INC 887 WHISKEY CREEK DR 4 10 NORTH AMERICA INVESTMENTS INC 893 WHISKEY CREEK DR 4, 11 NORTH AMERICA INVESTMENTS INC 899 WHISKEY CREEK DR 4 12 i MASSELINK, PAUL R 905 WHISKEY CREEK DR 4 13 HANSON TR, MELANIE J 911 WHISKEY CREEK DR 4 14- j RMELL LLC 917 WHISKEY CREEK DR 4 1a MORRIS, JEAN ELLEN 929 WHISKEY CREEK OR 4 Is, DSS LLC 929 WHISKEY CREEK DR 4 17 WHATLEY CUSTOM BLDRS 4.18 935 WHISKEY CREEK DR 4-- 18' WHEATLEY CUSTOM BLDRS 4.19 LLC 1079 BLUE HILL CREEK DR 4 19 NUHN, MANFRED=& ELAINE E 1085 BLUE HILL CREEK DR 4 20 PICARD, MARIE E 1091 BLUE HILL CREEK OR 4 21 PALANDRI, SAL 1 10971 BLUE HILL CREEK DR 4 22 s Page: 01 02, 2, _Q,4 25, W 07, 08, 0 .colliera ral er.com/UefData.as '!Wlllch a e=jaz a esize =zvow 1 UcL http: / /www pp s P P g P g y.�t y Agenda Item No. 16F3 September 14, 20104 - Records found that match your search: 161 Page 27.0 Page 5 of 9 Folio No. Owner Name Street No. Street Name BIkA3Idg Lo r�q CAMDETT, CORP 1103 BLUE HILL CREEK DR 4 --- 23 BLUE HILL CREEK DR 4 24 CAMDETT CORPORATION 1109 5 9 . 9 8 0 SCHEWITZ, DAVID C-& MARY E . 1115 BLUE HILL CREEK DR 4 25 - MCM CONSULTANCY SERVICES INC 1121 BLUE HILL CREEK DR 4 28 X49 FOWLER, JOHN C-& JOANNE K . 11271 BLUE HILL CREEK DR 14 27 54,q GRADO, JOHN--& CORRIE J 11371 BLUE HILL CREEK DR 4 28 50 GRADO, JOHN 11431 BLUE HILL CREEK DR - 4 29 GRADO, JOHN 1149 BLUE HILL CREEK DR 4 30 54 ROATH, JAMES R-& SAUNDRA A 1155 BLUE HILL CREEK DR 4 31 BLAKE JR, NORMAN Pe& KAREN 3 1161 BLUE HILL CREEK DR 4 32 HENDERSON TRS, DONALD W=& DAWN PAXIMADIS, JOHN B .11671 1181 BLUE HILL CREEK DR j 4 33'-- BLUE HILL CREEK DR 4 34 �Q SCHEWrr2, DAVID C=& MARY E i 180 - BLUE HILL CREEK DR 5 1 50 MERIDIAN LAND CO 1174 BLUE HILL CREEK DR BLUE HILL CREEK DR 5 5 2 3 ALCAZAR LC 1168 5Q9 JONES, PHILIP Ea& ALANAGH S 1162 BLUE HILL CREEK DR BLUE HILL CREEK DR is 15 4 - 5 ALCAZAR LC 1156 59 ALCAZAR LC 1150 BLUE HILL CREEK DR 5 • 5Q ALCAZAR LC 1144 BLUE HILL CREEK DR 5 7 spy Ow ALCAZAR LC 1138 BLUE HILL CREEK DR - 5 _ 8 Records found that match your search: 161 Page 6 of 9 Folio No. Owner Name Street No. Street Name BlkBid Lotlun ENGLAND, JAN BLAIR 1132 BLUE HILL CREEK DR 5 9 MERIDIAN LAND CO 1126 BLUE HILL CREEK DR 5 10 MERIDIANIAMEC LC 1120 BLUE HILL CREEK DR 5 11 MERIDIAWAMEC LC 1114 BLUE HILL CREEK DR 5 12 MERIDIANIAMEC LC 1108 BLUE HILL CREEK DR 5 13 MERIDIAN/AMEC LC 1102 BLUE HILL CREEK DR 5 14. CERNERA, JAMES -& DONNA 1096 BLUE HILL CREEK DR 5 15 EmsMERIDIANIAMEC LC 1090 BLUE HILL CREEK DR 5 11111* MERIDIAN LAND CO' 1084 BLUE HILL CREEK OR 5 17- MERIDIAN LAND CO 1078 BLUE HILL CREEK DR 5 18 KEY MARCOJCHERRY HILL LC 1072 BLUE HILL CREEK OR 5 19 " c MERIDIAN LAND CO 1066 BLUE HILL CREEK DR 5 20 MERIDIAN 1060 BLUE HILL CREEK DR 5 21 DIAN LAN CO MERIDIAN LAND CO 1054 BLUE HILL CREEK DR Is 22 MERIDIAN LAND CO 767 WHISKEY CREEK DR 6 1 MERIDIAN LAND CO 773 WHISKEY CREEK DR 6 2 MERIDIAN LAND CO T79 WHISKEY CREEK DR 6 3 = MERIDIAN LAND CO 7851 WHISKEY CREEK DR 6 4 1 MERIDIAN LAND CO 79111f WHISKEY CREEK DR 6 5 MERIDIAN LAND CO 7971 WHISKEY CREEK OR 6 6 Page: 01 2,03 04 Q5, 06. 0Z 08 009® litt J /www.coRiera raiser com/GetData.asp ?which a e=5& a esize =20&s 1 u 3/18/2004 . Agenda item No. 16F3 September 14, 2004 Page 2$ _. Records found that match your search: 161 17 1 Page 7 of 9 Folio No. Omer Name Street No. Street Name BIWBIdg wn Lot/Unit ' MERIDIAN LAND CO 803 WHISKEY CREEK DR 6 7 MERIDIAN LAND CO 809 WHISKEY CREEK DR 6 8 MERIDIAN LAND CO 815 WHISKEY CREEK DR 6 9 MERIDIAN LAND CO 821 WHISKEY CREEK OR 6 10 HANKS TR, GLENN E. D 827 WHISKEY CREEK DR 6 11 SPOTTSWOOD PARTNERS LTD 995 BLUE HILL CREEK DR 17 1 RYAN, H ALLEN =& DIANNE E 1005 BLUE HILL CREEK DR 7 2 PETERS TR, SAMUEL L 1011 BLUE HILL CREEK DR 7 3 MILLER, RAYMOND W =& ALICE £ 1017 BLUE HILL CREEK DR 7 4 BETA -G INC 1023 BLUE HILL CREEK DR 7 5 BETA-0 INC 1029 BLUE HILL CREEK DR 7 6 LANSDOWN TRS, ROY 1035 BLUE HILL CREEK DR 7 7 MERIDIAN LAND CO 1041 BLUE HILL CREEK DR 7 1 8 REGANTI, REDDY Se& ROHINI 1047 BLUE HILL CREEK DR 7 9 J S ROATH CORP 1053 BLUE HILL CREEK DR 7 10 MERIDIAN LAND CO 1059 BLUE HILL CREEK DR 7 111 MERIDIAN LAND CO 1065 BLUE HILL CREEK DR 7 12 MERIDIAN LAND CO 1071 BLUE HILL CREEK DR 7 13 KEY MARCO CMNTY ASSOC INC 0001 NA 8 1 509400050891 MERIDIAN LAND CO._ 90fi WHISKEY CREEK DR 9 1 Page 8 of 9 s Folio No. Owner Name Street No. Street Name Blk/Bldg L MERIDIAN LAND CO 900 WHISKEY CREEK DR 9 2 509 0005128 MERIDIAN LAND CO 894 WHISKEY CREEK DR 9 3 MERIDIAN LAND CO 888 WHISKEY CREEK DR 9 4 MORRIS, CHARLES D =& JEAN ELLEN 882 WHISKEY CREEK DR 9 6 MERIDIAN LAND CO 876 WHISKEY CREEK DR 9 6 MERIDIAN LAND CO 870 WHISKEY CREEK DR 9 7 RECHTiN, ELIZABETH L 864 WHISKEY CREEK DR 9 8 KEY MARCO CMNTY ASSOC INC WHISKEY CREEK DR 10 1 POPPE, JEAN R 828 WHISKEY CREEK DR 11 i MERIDIAN LAND CO 822 WHISKEY CREEK DR 11 2 MERIDIAN LAND CO 816 WHISKEY CREEK DR 11 3 . MERIDIAN LAND CO 810 WHISKEY CREEK DR 11 4 MERIDIAN LAND CO 804 WHISKEY CREEK DR. I 1 6 .; MERIDIAN LAND CO 798 WHISKEY CREEK DR 1 MERIDIAN LAND CO 792 WHISKEY CREEK OR 1 7 LONDON, MATTHEW=& ELLA M 786 WHISKEY CREEK OR 11 8 MERIDIAN LAND CO 780 WHISKEY CREEK DR 11 9 . JOINER, LARRY M 774 WHISKEY CREEK DR 11 10 MERIDIAN LAND CO 768 WHISKEY CREEK DR 11 11 MERIDIAN LAND CO MI WHISKEY CREEK DR 11 12 Page 9 of 9 Folio No. Owner Name Street No. Street Name 1BIWe1dgjLot1Un1d MERIDIAN LAND CO 7561 WHISKEY CREEK DR 11 13 Page: 01, 02, 03 04, 9L 006, Q7., 9$, 02 lltt{J: I/ WWW• �% UlliG1i1NN1211JGl. l: VllLVGt1.J iLL13. iW1ltWlu�tlNa�G-- /cx.Ilaga:Wl�.�.— c.yuwyt�u�.t)— .+riw•.vv•. F F 4 I u t i r Agenda Item No. 16F3 Details Septe O !'s Current Ownership Folio No.1 01053880001 Mao Pro Addressj NO SITE ADDRESS Owner Name TIITF/ST OF FL Addressesl 3900 COMMONWEALTH BLVD - r Cltyj TALLAHASSEE I Statel FL ZI 32399 - 6575 : Legal 23 52 26 LT 4-5 + 9 LESS HORRS ISLAND DEV AREA TRACT DESC IN OR 1125 PG 1252 Section Township Range Acres. Ma No. Strap No. 23 52 26 ` 106 71323 522623 002.0007823 Sub No. 100 I I '� Mltiaa0A= I `t Use Code 87 1GOVERNMENT 240 1 14.1244 Current Ownership Folio No.1 01054320007 Map Property Addressl NO SITE ADDRESS Owner Name THTFIST OF FL Addresses ROOKERY BAY _ % DEP DOUGLAS BLDG 3900 COMMONWEALTH BLVD` . Cityl TALLAHASSEE Statel FL 21 32399 -6575 Section Township Range Acres Ma No. Stne p No. 26 52 26 1 13.62 1 7826 522628 002.0007826 Sub No. 100 Nllillam 't Use Code 1 87 1GOVERNMENT 131 14.0193 Current Ownership Folio NMI 01051720008 Mo Pro Addressi NO SITE ADDRESS . Legal 155226GL4,5ANDSOR1081 j PG 646 fi Section hIp Range Acres Map No. Na 15 52 26 1 21.08 7815 1522615 003X007815 Sub No. 100 MtlIROLA ea Mills" `� u",raft-1 87 1GOVERNMENT 212 14.1244 Legall 26 52 26 LOTS 1 + 213.62 AC Section Township Range Acres Ma No. Stne p No. 26 52 26 1 13.62 1 7826 522628 002.0007826 Sub No. 100 Nllillam 't Use Code 1 87 1GOVERNMENT 131 14.0193 Current Ownership Folio NMI 01051720008 Mo Pro Addressi NO SITE ADDRESS . Legal 155226GL4,5ANDSOR1081 j PG 646 fi Section hIp Range Acres Map No. Na 15 52 26 1 21.08 7815 1522615 003X007815 Sub No. 100 MtlIROLA ea Mills" `� u",raft-1 87 1GOVERNMENT 212 14.1244 r Agenda Item No. 16F3 September 3 of Page 30 ofj� Q Current Ownership Folio No. 01053800007 Map I Pro A drossi NO SITE ADDRESS Owner Name TIITF/REC 5 PARKS Addresses ROOKERY BAY NATIONAL EST % DEP DOUGLAS BLDG . 3900 COMMONWEALTH BLVD Cftyg TALLAHASSEE ir Statol FL mPT32399 '6575 Legal 22 52 26 ALL LESS HORR'S ISM DEV AREA LYING IN GL 1,6,7 do 8 AS DESC IN OR 1125 PG 1252: OR 1081 PG 644 For more than four lines of Legal Cescription please call the Pro rty Apprelssr'o Office. Owner Name T Section Addresses R ROOKERY BAY NAT EST SANG No.. - - Township Range Acres Ma gift. e 22 52 26 192 71322 1522M 002.0007822 -. Sub No. 100 - `� tJ� Code 87 1GOVERNMENT 212 14.1244 Current Ownership- - - Folio No.1 01054040002 Map I Pro Addressl NO SITE ADDRESS Owner Name T TIITF/DNR Addresses R ROOKERY BAY NAT EST SANG % DEP DOUGLAS BLDG 3900 dOMMONWEALTH BLVD C T TALLAHASSEE State FL ZI 32399 = 6575 Legal-I 24 52 26 LOTS 2, &9 +12&13 126 AC OR 1081 PG 644 iSection Township Range Acres No. Strap No. 24 52 26 126 7824 1522624 001.0007824 Folio No. 01053920000 Pro CV Address NO SITE ADDRESS Sub No.. 100 Use ,� 8T GOVERNMENT 212 14.1244 } L.tQai 2S 5226 tOT 668 AC OR 1148 PG 1232 r Section Township Ran a Acres 141 No. Strap No. r 23 52 213 64 522623 003.0007823 Sub No. 100 MMa , Area Use Code 99 NON - AGRICULTURAL ACREAGE 240 14.1244 Sub No.. 100 Use ,� 8T GOVERNMENT 212 14.1244 } L.tQai 2S 5226 tOT 668 AC OR 1148 PG 1232 r Section Township Ran a Acres 141 No. Strap No. r 23 52 213 64 522623 003.0007823 Sub No. 100 MMa , Area Use Code 99 NON - AGRICULTURAL ACREAGE 240 14.1244 , Area Use Code 99 NON - AGRICULTURAL ACREAGE 240 14.1244 Agenda Item No. 16F3 September 14, 2004 Page 31 of Current Ownership Folio No. 01054480002 MR Property Addressl NO SITE ADDRESS Legall 27 52 26 LOT 3 826 AC Section Township Range Acres Map No. Strap No. 27 52 26 8,26 7627 1622627 001.0007827 Sub No. 100 `'� MUlage Area MARINE RESOURCES Usa Code 87 GOVERNMENT 1 131 1 14.0193 ' Current Ownership Folio No.1 01053960002 MU I PropertyAddresal NO SITE ADDRESS Owner Name TUTF/DNR Addresses MARINE RESOURCES ROOKERY BAY NAT EST 13900 % DEP DOUGLAS BLDG COMMONWEALTH BLVD Cityl TALLAHASSEE State FL Zl 32399 -6575 Owner Name TUTF/DNR Addresses MARINE RESOURCES ROOKERY BAY NAT EST % DEP DOUGLAS BLDG 3900 COMMONWEALTH BLVD Cl TALLAHASSEE Statel FL ZIpj 32399 - 6575 Legal 24 b2 26 LOT 11, LESS HORWS ISLAND OR 1125 PG 1237 Section Township Range Acres Map No. No. 24 52 26 27.54 7B24 1522624 0020007824 Sub No. 100 `'� MU Area '� �Etltgs '� Use Code 87 1GOVERNMENT 212 14.1244 Legall 23 52 26 GOVT LOT 7 24 AC OR 1125 PG 1237 Section Township Range Aces MaE No. Strap No. TB23 1522623 004.0007823 23 52 26 24 j 1 Sub No. t00 SLIM -a Usa Code 1 87 1GOVERNMENT 1 212 14.1244 _ i — ® - Current Ownership- ` - Folio No.1 01054120003 MaR PropwV Addressl NO SITE ADDRESS Owner Name TUTF/DNR Addresses MARINE RESOURCES ROOKERY BAY NAT EST % DEP DOUGLAS BLDG 3900 COMMONWEALTH BLVD Cl TALLAHASSEE Statel FL ZIpj 32399 - 6575 Legal 24 b2 26 LOT 11, LESS HORWS ISLAND OR 1125 PG 1237 Section Township Range Acres Map No. No. 24 52 26 27.54 7B24 1522624 0020007824 Sub No. 100 `'� MU Area '� �Etltgs '� Use Code 87 1GOVERNMENT 212 14.1244 r. Agenda Item No. 16F3 September 32 of 34 Page 32 of 3�� Current OwnershI Folio No. 01051480005 Map I Pro Addressi NO SITE ADDRESS Owner Narnel TIITF/ST OF FL Addresses ROOKERY BAY NAT EST SANC % DEP DOUGLAS BLDG 3900 COMMONWEALTH BLVD Cityl TALLAHASSEE I State FL Zipj 32399 - 6573 Legal 14 52 26 GL 1 -11 LESS HORRS ISLAND DEVELOPMENT TRACT + MS UNITS 15-19 OR 1125 PG 1250 1 section Township Range Acres Ma No. Stra No. 14 52 26 4 7814 b22614 003.0007814 Sub No. 100. • `� Use Code 87 GOVERNMENT 240 14.1244 - R Folio No. 01051721104 mop Pro Address Current Ownership NO SITE ADDRESS • Section Township Range Acres Ma No. Strap No. 24 52 26 167 7824 522624 003.0007824 Sub No. 100 '� Use Code 87 GOVERNMENT 14.1244--- , Legal 15 52 26 GL B & 7 LESS NORR'S ISLAND DEV TRACT DESC IN OR - 1125 PG 1252 AND OR 1204 P4 2354, OR 1081 PG 646 1"For more than four Imes of Legal Description please call the Property raiser's Of}tce. Seotlon Township Range - Acres Ma No. Strap No. 15 52 26 75.9 7115 522615 005.0007815 Current Ownership Folio No. 0 01054120100 map P Pro Address NO SITE ADDRESS Township Range Acres Ma No. Stra No. 14 52 26 4 7814 b22614 003.0007814 Sub No. 100. • `� Use Code 87 GOVERNMENT 240 14.1244 - R Folio No. 01051721104 mop Pro Address Current Ownership NO SITE ADDRESS • Section Township Range Acres Ma No. Strap No. 24 52 26 167 7824 522624 003.0007824 Sub No. 100 '� Use Code 87 GOVERNMENT 14.1244--- , Legal 15 52 26 GL B & 7 LESS NORR'S ISLAND DEV TRACT DESC IN OR - 1125 PG 1252 AND OR 1204 P4 2354, OR 1081 PG 646 1"For more than four Imes of Legal Description please call the Property raiser's Of}tce. Seotlon Township Range - Acres Ma No. Strap No. 15 52 26 75.9 7115 522615 005.0007815 Sub No. 100. • `� Use Code 87 GOVERNMENT 240 14.1244 - R Folio No. 01051721104 mop Pro Address Current Ownership NO SITE ADDRESS • Section Township Range Acres Ma No. Strap No. 24 52 26 167 7824 522624 003.0007824 Sub No. 100 '� Use Code 87 GOVERNMENT 14.1244--- , Legal 15 52 26 GL B & 7 LESS NORR'S ISLAND DEV TRACT DESC IN OR - 1125 PG 1252 AND OR 1204 P4 2354, OR 1081 PG 646 1"For more than four Imes of Legal Description please call the Property raiser's Of}tce. Seotlon Township Range - Acres Ma No. Strap No. 15 52 26 75.9 7115 522615 005.0007815 R Folio No. 01051721104 mop Pro Address Current Ownership NO SITE ADDRESS • Section Township Range Acres Ma No. Strap No. 24 52 26 167 7824 522624 003.0007824 Sub No. 100 '� Use Code 87 GOVERNMENT 14.1244--- , Legal 15 52 26 GL B & 7 LESS NORR'S ISLAND DEV TRACT DESC IN OR - 1125 PG 1252 AND OR 1204 P4 2354, OR 1081 PG 646 1"For more than four Imes of Legal Description please call the Property raiser's Of}tce. Seotlon Township Range - Acres Ma No. Strap No. 15 52 26 75.9 7115 522615 005.0007815 Section Township Range Acres Ma No. Strap No. 24 52 26 167 7824 522624 003.0007824 Sub No. 100 '� Use Code 87 GOVERNMENT 14.1244--- , Legal 15 52 26 GL B & 7 LESS NORR'S ISLAND DEV TRACT DESC IN OR - 1125 PG 1252 AND OR 1204 P4 2354, OR 1081 PG 646 1"For more than four Imes of Legal Description please call the Property raiser's Of}tce. Seotlon Township Range - Acres Ma No. Strap No. 15 52 26 75.9 7115 522615 005.0007815 Sub No. 100 '� Use Code 87 GOVERNMENT 14.1244--- , Legal 15 52 26 GL B & 7 LESS NORR'S ISLAND DEV TRACT DESC IN OR - 1125 PG 1252 AND OR 1204 P4 2354, OR 1081 PG 646 1"For more than four Imes of Legal Description please call the Property raiser's Of}tce. Seotlon Township Range - Acres Ma No. Strap No. 15 52 26 75.9 7115 522615 005.0007815 Legal 15 52 26 GL B & 7 LESS NORR'S ISLAND DEV TRACT DESC IN OR - 1125 PG 1252 AND OR 1204 P4 2354, OR 1081 PG 646 1"For more than four Imes of Legal Description please call the Property raiser's Of}tce. Seotlon Township Range - Acres Ma No. Strap No. 15 52 26 75.9 7115 522615 005.0007815 Seotlon Township Range - Acres Ma No. Strap No. 15 52 26 75.9 7115 522615 005.0007815 Agenda Item No, 16F3 1 September 14,.2004 Page 33 of� ® E Current Ownership Folio No. 01054680103 Pro Addnml NO SITE ADDRESS 1 Legall 27 52 26 GL 1 AND 4 OR 1125 PG 1237 Sub No. 100 1 1 't Milla" Area _ 'TI Usa Code 87 IGOVERNMENT 1 241 14.0193 Agenda Item No. 16F3 September 14, 2004 Page 34 of 34 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail a Naples, Florida 34112 • 239. 774 -8383 • FAX 239- 7744010 August 30, 2004 City of Memo Island Attention: Williem Moss, City Manager 50 Bald Eagle Drive Marco Island FL 34145 Dear Mr. Moss: In reply to a letter, dated March 11, 2004, from Tracy Peters of the Florida Department of Environmental Protection, to Mr. K. Greg Niles, AICP, the City's Community Development Director, this letter shall operate as a "Letter of No Objection" from Collier County and the Collier County Water - Sewer District, to the City of Marco Island regarding the subjects proposed annexation into the City of the land area described in the Exhibits to City of Marco Island Resolution No. 04-18. This exlx sion of no objection is subject to formal ratification by the Board of County Cow at its regular meeting to be held on September 14, 2004. The City of Marco Island has satisfied its statutory obligation to provide the required "Annexation Report" to the County and has regularly communicated its intentions to the County staff throughout this process. By acceptance of this "Letter of No Objection," the City and Collier County agree that the County shall continue to supply existing utility services to the area being annexed unless, until, and to the extent, such service may be modified by Intealocal Agreement between the City of Marco Island and Collier County. I trust that this confespondence will satisfy the requirements of the Florida Department of Environmental Protection and allow the process to move forward as scheduled. S cerdY� James V. Mudd County Manager Agenda item No. 16F4 September 14, 2004 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to Approve an Interlocal Agreement for the Provision of Beach Renourishment, Maintenance and Stabilization Services in the Hideaway Beach Section of Marco Island OBJECTIVE: To approve an Interlocal Agreement with the City of Marco Island related to Beach Renourishment, Maintenance and Stabilization Services at Hideaway Beach. CONSIDERATIONS: On April 13, 2004 the Board of County Commissioners (BCC) approved the TDC Category "A" grant application to fund on a one -time basis the removal of temporary T- groins and the construction of permanent erosion control structures on Hideaway Beach. The City of Marco Island is responsible for beach renourishment and continued beach maintenance while the cost of monitoring the beaches is to be shared equally between the City of Marco Island and Collier County Government under the terms and conditions specified in the Interlocal Agreement. FISCAL IMPACT: There is no fiscal impact related to the approval of this agreement as the $4,457,000 budgeted for this project has been previously approved. GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact related to approval of this agreement. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the attached Interlocal Agreement with the City of Marco Island for the Provision of Beach Renourishment, Maintenance and Stabilization Services in the Hideaway Beach Section of Marco Island. a3 2:m nail .16F4 ydr!+Gef 54 , F3CJe 2 of S COLLIER COUNTY BOARD OF COUWr COW;$SION£BB —NU t[=7 ttarn Bunmry hw:xnmtir✓L'.h:n h A^{sr�rw a -. In;::al:rw A,'rsac^wn; :rr',tl {'rtr..•a.: of:levr:n q�asw: :hnae:l, d9nr:lydrw rJ1J i"daiva6i: •arhm :il TB Msk!aw3y Baca 3%s:etn of ..,4 dLxa lSFa:a). Baey,B �, ,y 1., -r,Iw �xal ASs Aryered By ..r!e MaM E Kemal '3rama (:eard•a+or a�)t .Ca !. aa:1t PM my Yanada(a Olga+ :m U+WwrroM .au: s4 App—d By a.ck My.a .ounam O:�era �xa = e::rrev Ma-ay !a OlY.ce an Ba`ialearwm Cou.Yl i:)t: "_.M l:2] aY App—d By aal umneYl Admini[�acve Asalswa >N o.nry 4a-ad+h:/!b e!Wnapamaaad BudgM AY. ?nns A:1. A. Apprised By MarR `sacksm Bvlgat Ma!yal Ow nsry M>reye(a LM4a+ 'JI!In WMYparon:d Ba:+pH 9111]dSad.] =AB App—" By M:NwI Br >'ao.nii Man lemeM d BuJi:al Jvaatw Ja1a - +::nry Ma � +OMte JMae ae Ma+•+,eme ^:d ]:: igel 'zxa 3la PN Appnved By lemac v. M:::!d .wnry Ma -qar >ao Ce �.:sa'rveen Kati ^ry lHr_peYa OTw SL: Mt t:'6 pN Agenda Item No. 16F4 September 14, 2004 Page 3 of 9 INTERLOCAL AGREEMENT FOR THE PROVISION OF BEACH RENOURISHMENT, MAINTENANCE, AND STABILIZATION SERVICES IN THE HIDEAWAY BEACH SECTION OF MARCO ISLAND. THIS INTERLOCAL AGREEMENT ( "Agreement "), is made and entered into this day of , 2004 by and between the Board of County Commissioners, the governing body of Collier County, a political subdivision of the State of Florida, hereinafter referred to as "County" and the City of Marco Island, a Florida municipal corporation, hereinafter referred to as "City". RECITALS: WHEREAS, the Board of County Commissioners adopted a Tourist Development Tax Category "A" Funding Policy for beach renourishment and beach park facilities on December 16, 2003; and WHEREAS, the Board of County Commissioners reviewed a Grant Application from the City of Marco Island on April 13, 2004 for a proposed project to renourish Hideaway Beach based on that approved policy; and WHEREAS, the goal of the BCC adopted policy is to maintain and enhance the shoreline beaches and provide visitors and residents convenient public beach access and quality beach amenities; and WHEREAS, the County has hired a consultant to design and permit a project to renourish Hideaway Beach and replace the temporary T- groins on Hideaway Beach with permanent erosion control structures ( "Project "); and WHEREAS, the County has funded and will continue to fund the engineering services required for Project approval in the form of state and federal permits; and Agenda item No. 16F4 September 14, 2004 Page 4 of 9 WHEREAS, the County desires to fund the portion of the Project related to the construction of permanent erosion control structures on Hideaway Beach, and the City desires to fund the portion of the Project related to the placement of sand on Hideaway Beach; and WHEREAS, the County and City desire to equally share the costs of the annual monitoring anticipated to be required by the permit for the Project to be issued by State of Florida, Department of Environmental Protection (FDEP), and WHEREAS, under the policy, there must be a Project sponsor; and WHEREAS, the City of Marco Island desires to extend its commitment to sponsor the proposed Project as sponsor for the beach renourishment and stabilization project at Hideaway Beach, contingent upon the residents of Hideaway Beach voting to tax themselves to pay for the cost of construction and maintaining the Project at an August 31, 2004 election. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. RECITALS. The above recitals are true and correct and incorporated herein. 2. ELIGIBILITY FOR FUNDING. The Hideaway Beach portion of the northern beach area of Marco Island is not eligible for TDC funding under the current Board adopted policy. However, in recognition of prior County commitments to beach restoration efforts on Hideaway Beach, i.e. construction of temporary T- groins to stabilize the beach, the Board of County Commissioners decided on April 13, 2004 to fund on a one -time basis the removal of temporary T- groins and the construction of permanent erosion control structures. The estimated costs, including both construction and engineering services during construction, for the structures portion of the project is $2.488 million dollars and will be funded by the County with Tourist Development funds. Any costs for the removal of the temporary T- groins and construction of permanent erosion control structures, which is over $2.488 million dollars, must be approved by the Board of County Commissioners before the cost is incurred. The funding for the Agenda Item No. 16F4 September 14, 2004 Page 5 of 9 renourishment portion of the project, estimated to be $1.969 million dollars, will be provided by the City to the County within three business days of the completion of bond financing for the Project by the district but in no case later than the time the County Commission approves the construction contract for that portion of the project. The costs of the annual monitoring anticipated to be required by the permit for the Project to be issued by State of Florida, Department of Environmental Protection (FDEP), will be equally shared between the County and the City up to a maximum of $50,000 per year of County funds. Any costs over $50,000 must be approved by the Board of County Commissioners before the cost is incurred if the County is expected to help pay such excess costs. 3. SPONSORSHIP. The City agrees to sponsor the Project and to secure funding to supplement the Tourist Development Tax funds for completion of the renourishment and stabilization Project. The City agrees to be named as the agency requesting the FDEP and federal permits. The City agrees to obtain easements from the beachfront property owners in the area of the Project. The City agrees to exercise ownership of the permanent structures installed under this project. The City's agreement to act as sponsor for the project is conditional upon the residents of Hideaway Beach voting to agree to tax themselves for the cost of constructing and maintaining the project improvements at the August 31, 2004 election for this matter. In the event the residents of Hideaway Beach do not agree to fund the cost of constructing and maintaining the project, this Agreement shall terminate. 4. COUNTY AS AGENT OF CITY. The County agrees to act as the agent of City to pursue all necessary grant applications, engineering, environmental and technical work and to seek the appropriate environmental permits on behalf of the City. All applications and permits will be in the name of the City. The County shall select, and the City, may participate in the selection, of vendors and contractors for the work to be completed under this Section in accordance with County's purchasing policy. No construction or engineering services contracts Agenda Item No, 16F4 September 14, 2004 Page 6 of 9 for monitoring the construction will be awarded until the County receives the City's portion of the funding. 5. PRIVATE PROPERTY EASEMENTS. The City agrees to process the necessary easements from the property owners fronting on the Project area and to grant the same rights under those easements to the County and selected vendors and contractors for purposes of completing the project. If the County does not have easement rights over private property in the beach areas to be renourished, then the County will renourish only the public beach area from the erosion control line or mean high water line seaward. 6. CITY TO COMPLETE PERMIT CONDITIONS. The City agrees to be responsible to fulfill the ongoing obligation of the permits and all conditions of the permits such as annual monitoring and continued maintenance of the beach area. 7. PROJECT PERIOD. The County and City agree that the estimated date for commencement of construction of the beach renourishment and stabilization Project is November 1, 2004 and that the duration of construction is not expected to last beyond six months (sea turtle nesting season typically precludes construction from May I" through October 31"). If the necessary permitting and construction financing is not received in time for the project to be completed in this time- frame, then it will be postponed until November 1, 2005. This agreement would remain in effect in the event the Project is delayed and the expiration date extended accordingly. The placement of sand on Hideaway Beach (with funding provided by the City) must be completed before the erosion control structure portion of the project (with funding provided by the County) as the sand forms the base into which the sheet piles are to be placed. Should permitting or the placement of sand be delayed, or if the County does not receive funding from the City pursuant to Paragraph 2 of this Agreement in time to complete the project prior to turtle nesting season, some or all of the project may have to be constructed the following construction season. Agenda Item No. 16F4 September 14, 2004 Page 7 of 9 8. TERMINATION. This Agreement shall terminate upon completion of the original permit- required monitoring period, anticipated to be up to five years from construction completion, unless an extension is mutually agreed upon in writing. 9. AVAILABILITY OF FUNDS This Agreement is subject to budget and collection of Tourism Development Tax funds and the receipt from the City of the funds necessary to complete the beach renourishment project. Except as expressly provided herein, this Agreement does not commit the County to future renourishment of Hideaway Beach. 10. MISCELLANEOUS PROVISIONS. A. Any and all notices, designations, consents, offers, acceptances, or other communications provided for herein shall be given to the City, attention City Manager, City of Marco Island, 50 Bald Eagle Drive, Marco Island, FL 34145. Notice to the County, attention County Manager, Collier County Government Complex, 3301 Tamiami Trail East, Naples, FL 34112. B. This writing embodies the entire agreement and understandings between the parties and there are no other agreements or understandings, oral or written, with reference to the subject matter herein, no alteration change or modification to the terms of this Agreement shall have any force or effect unless made in writing and signed by the parties hereto. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. This Agreement may be executed in each of several copies, each of which may be considered an original. C. The City may not sell, transfer, or assign this Agreement, or any part hereof, without the written consent of the County. IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed the day and year aforesaid in counterparts, each counterpart to be considered an original. DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney Agenda item No. 16F4 September 14, 2004 Page 8 of 9 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, Chairman ATTEST: Laura Litzan, City Clerk Approved as to form and legal sufficiency: Richard D. Yovanovich City Attorney h: HFA1 TDC\HideawaylnterlocalAgreement Agenda Item No, 16F4 September 14, 2004 Page 9 of 9 CITY OF MARCO ISLAND, FLORIDA TERRI DiSCIULLO, Chairwoman WITNESSES: (1) Signature Printed/Typed Name (2) _ Signature Printed/Typed Name Agenda Item No. 16F5 September 14, 2004 Page 1 of 12 EXECUTIVE SUMMARY Approve an Agreement between Collier County and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical Examiner dba District Twenty Medical Examiner, Inc. to provide Medical Examiner Services for Fiscal Year 2005 at a cost of $804,400 OBJECTIVE: Approval of an agreement to provide Collier County with medical examiner services pursuant to Chapter 406, Florida Statutes. CONSIDERATIONS. Dr. Marta U. Coburn, M.D. was re- appointed in July 2002 by Jeb Bush, Governor of the State of Florida, to serve as the District Twenty Medical Examiner. An agreement between Collier County and Dr. Marta U. Coburn, M.D. dba District Twenty Medical Examiner, Inc. is entered into annually to provide the County with medical examiner services. Section 406.06(3), Florida Statutes, states that the Medical Examiner shall be entitled to compensation and such reasonable salary and fees as are established by the Board of County Commissioners. Pursuant to Section 406.16, Florida Statutes, the County shall pay for professional liability insurance for the Medical Examiner and Associate Medical Examiner(s). The payment of professional liability insurance is included in the agreement as an obligation of the County and shall be in addition to the semi - monthly compensation paid to the Medical Examiner. Dr. Coburn has submitted an annual budget based on past statistics and reasonable projections of $781,400 for services and an estimate of $23,000 for professional liability insurance. These amounts have been included in the County's budget for Fiscal Year 2005. FISCAL IMPACT: The cost to the County for the agreement is $804,400. Funds have been budgeted for Fiscal Year 2005 in the General Fund, Medical Examiner Services. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the agreement between Collier County and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical Examiner dba District Twenty Medical Examiner, Inc. for medical examiner services for Fiscal Year 2005 at a cost of $804,400. PREPARED BY: Darcy Waldron, Senior Administrative Assistant Department of Emergency Management K— N- -5 uol "p'—d By COLLIER COUNTY BOA- OF CO-1-1 C01-11WO—S ♦F,P— d By M-nw, 0— 1,,,—d By :.pprored Br App,—d By "p'—d By Agenda Item No, 16F5 September 14, 2004 Page 3 of 12 AGREEMENT FOR MEDICAL EXAMINER SERVICES THIS AGREEMENT FOR MEDICAL EXAMINER SERVICES, (Agreement), made and entered into this 14th day of _September 2004, by and between Marta U. Coburn, M.D., Florida District Twenty Medical Examiner for Collier County, Florida, doing business as District 20 Medical Examiner, a Florida for Profit Corporation, (hereinafter called "Medical Examiner "), and the Board of County Commissioners of Collier County, Florida, (hereinafter called "County "). Medical Examiner and County are hereinafter collectively referred to as the "parties." WHEREAS, Dr. Marta U. Coburn was re- appointed Florida District Twenty Medical Examiner for Collier County, Florida, on July 2, 2002, by Jeb Bush, Governor of the State of Florida; and WHEREAS, Section 406.06(2), Florida Statutes, provides that the District Medical Examiner may appoint Associate Medical Examiner(s) to provide medical examiner services at all times and all places within the district and that said Associate Medical Examiner(s) shall serve at the pleasure of the District Medical Examiner; and WHEREAS, Section 406.06(3), Florida Statutes, states that District Medical Examiner(s) and Associate Medical Examiner(s) shall be entitled to compensation and such reasonable salary and fees as are established by the Board of County Commissioners in their respective district; and WHEREAS, Section 406.08(1), Florida Statutes, provides that fees, salaries and expenses for the Medical Examiner's office may be paid from the general funds or any other funds under the control of the Board of County Commissioners and that the Medical Examiner shall submit an annual budget to the Board of County Commissioners; and Agenda Item No. 16F5 September 14, 2004 Page 4 of 12 WHEREAS, Section 406.08(5), Florida Statutes, provides that autopsy and laboratory facilities utilized by the District Medical Examiner or Associate Medical Examiner(s) may be provided on a permanent or contractual basis by the counties within the district; and WHEREAS, Collier County desires to contract with Marta U. Coburn, M.D., Florida District Twenty Medical Examiner, doing business as District 20 Medical Examiner, Inc., a Florida Corporation, to provide medical examiner services under Chapter 406, Florida Statutes, as an independent contractor. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions and provisions contained herein, the parties do hereby agree as follows: SECTION I TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2004, through September 30, 2005. SECTION II PURPOSE AND SCOPE OF CONTRACTUAL SERVICES The Medical Examiner hereby agrees to furnish services, labor and all equipment not otherwise provided for, necessary for the complete performance of the services contemplated hereunder, to wit: to serve as Florida District Twenty Medical Examiner for Collier County, Florida in accordance with Chapter 406, Florida Statutes, and the standards promulgated by the Florida Medical Examiner's Commission. SECTION III COMPENSATION AND PAYMENTS A. The County hereby agrees to compensate the Medical Examiner for services to be performed for the term of this Agreement, beginning on October 1, 2004, the amount of $32,558.33 semimonthly through September 30, 2005. B. Payments from the County to the Medical Examiner of the Compensation set forth paragraph A, above, shall be made on the 15th and 30th days of each month. If the 15th or 30th N Agenda Item No. 16F5 September 14, 2004 Page 5 of 12 of the month falls on a weekend or a holiday, the payment to the Medical Examiner shall be made on the next County business day. It is expressly understood that each semimonthly payment shall be made for the services furnished for the preceding period of time. As a condition of said semimonthly payment by the County, the Medical Examiner shall be in full compliance with Section VII of this Agreement regarding reports. C. The Medical Examiner agrees and understands that under the terms of this Agreement, a full professional staff (associate medical examiner(s) and autopsy technician(s)) must be maintained in order to perform the Medical Examiner duties set forth under this Agreement and by Chapter 406, Florida Statutes. D. The County agrees and understands that the compensation provided for under this Agreement to the Medical Examiner is intended to cover the anticipated normal activities /workload of the Medical Examiner, based upon past statistics and reasonable projections. The County acknowledges and agrees that the semimonthly compensation of the Medical Examiner set forth in this Section has been established without consideration of disasters or occurrences of an unusual nature or magnitude such as would necessitate extraordinary expenditure on the part of the Medical Examiner in fulfilling the obligations under this Agreement and Chapter 406, Florida Statutes. In the event of such disaster(s) or occurrence(s), the Medical Examiner shall consult with and shall seek, but not necessarily obtain, the approval of the Collier County Emergency Management Director or his/her designee, for any additional expenditures. The Medical Examiner shall in all events retain the right to and shall then petition the Board of County Commissioners to reimburse the Medical Examiner for all extraordinary expenses and compensation which are justified and incurred by the Medical Examiner due to said disaster(s) or occurrence(s). The Medical Examiner shall provide invoices 3 Agenda Item No, 16F5 September 14, 2004 Page 6 of 12 and receipts in an itemized manner to support the petition to the Board of County Commissioners for extraordinary compensation and expenditures. Examples of extraordinary disasters or occurrences include, but are not limited to: aircraft, bus and boat accidents where a simultaneous large loss of life has occurred; hurricanes and other natural disasters; and any other disasters or occurrences caused by nature or man made where a large loss of life is experienced. Upon petition of the Medical Examiner for extraordinary compensation and/or expenditures, and with the recommendation of the Collier County Emergency Management Director, the Board of County Commissioners shall determine, using a reasonable and objective standard, if extraordinary compensation and/or expenditures shall be paid to the Medical Examiner. SECTION IV FACILITIES AND EQUIPMENT A. In accordance with Section 406.08(5), Florida Statutes, the County agrees to provide and insure, at no cost to the Medical Examiner, a facility and all medical - laboratory related equipment reasonably required by the Medical Examiner to perform the duties as District Medical Examiner. All costs associated with maintaining the facility and its area landscaping will be paid by the Medical Examiner. The County shall bear the cost of the Medical Examiner's facility . B. All capital equipment needed and budgeted by the County for use by the Medical Examiner shall be purchased by, and be inventoried through, the County as County property. The procurement of said equipment shall be approved by the Collier County Emergency Management Director in accordance with the Collier County Purchasing Policy, upon submission of a requisition by the Medical Examiner. The Medical Examiner agrees to take reasonable care, maintain and repair any equipment provided by the County. The County agrees 4 Agenda Item No. 16F5 September 14, 2004 Page 7 of 12 to include all equipment reasonably required by the Medical Examiner in the annual medical examiner budget submitted to the Board of County Commissioners for approval. C. Except as otherwise provided in this Agreement, the Medical Examiner shall be solely responsible for the payment of all normal and ordinary services, fees, and costs encumbered in the course of the Medical Examiner's office's operation. SECTION V PROFESSIONAL LIABILITY INSURANCE Pursuant to Section 406.16, Florida Statutes, the County shall pay the Medical Examiner's professional liability insurance. This payment shall be in addition to the semimonthly compensation paid to the Medical Examiner by the County under Section III of this Agreement. As a condition precedent to the County paying for the Medical Examiner's professional liability insurance, the Medical Examiner shall present to the County an original invoice evidencing the purchase by the Medical Examiner of said insurance coverage. SECTION VI USE OF FACILITIES AND EQUIPMENT BY THE MEDICAL EXAMINER FOR HUMANITARIAN AND /OR CHARITABLE PURPOSES The Medical Examiner shall be allowed to use the County's facility and laboratory equipment for humanitarian and/or charitable purposes provided that these purposes in no way interfere with the Medical Examiner's primary duty to serve as medical examiner for Collier County. As provided in Section 406.16, Florida Statutes, the County shall not be liable for any acts of the Medical Examiner not within the scope of the official duties performed for Collier County. The performance by the Medical Examiner of humanitarian and/or charitable services under this paragraph shall not be considered part of the official duties of the Medical Examiner. SECTION VII REPORTS The Medical Examiner agrees to provide to the County quarterly reports which shall include, minimally the following: cases; A. Number of all investigations and narrative reports for non - autopsy medical examiner 9 Agenda Item No. 16F5 September 14, 2004 Page 8 of 12 B. Number of all autopsies performed; C. Court cases and medical/legal conferences, number and hours spent; D. Number of authorizations for all cremations and burials at sea and anatomical dissections; E. Number of hours of scene investigations; F. Any other activities not described above; The quarterly report shall be submitted by the 10th day of the month due to the County's Emergency Management Director. SECTION VIII MEDICAL EXAMINER AS INDEPENDENT CONTRACTOR A. It is hereby stated to be the expressed intent of the parties that under this Agreement the Medical Examiner shall act exclusively as an independent contractor rendering professional services for the County in accordance with Chapter 406, Florida Statutes, and the Medical Examiner shall not be considered as an employee or agent of the County. The Medical Examiner shall be solely responsible for the payment of all applicable taxes for compensation paid to the Medical Examiner by the County pursuant to this Agreement. The Medical Examiner shall not be eligible for, nor participate in, any fringe benefits from the County. B. The Medical Examiner shall be responsible for employing and providing by separate Agreement, independent of the County, all personnel or other services necessary for the performance of the duties and responsibilities under this Agreement and in accordance with Chapter 406, Florida Statutes. The Medical Examiner shall have complete supervision and control over said employees who shall not be entitled, as a result of this Agreement, to any benefits granted employees of the County. C. Pursuant to Section 406.16, Florida Statutes, the County shall not be liable for any acts of the Medical Examiner that are not within the scope of the official duties as Medical Examiner. 5 Agenda Item No, 16F5 September 14, 2004 Page 9 of 12 SECTION IX NO PARTNERSHIP Nothing contained in this Agreement shall create or be construed as creating a partnership between the County and the Medical Examiner. SECTION X NO DISCRIMINATION The Medical Examiner agrees that there shall be no discrimination as to race, sex, color, creed or national origin at any County facilities provided under this Agreement and with regard to the provision of the services of the Medical Examiner contemplated by this Agreement. SECTION XI COMPENSATION FOR MEDICAL EXAMINER EXPERT TESTIMONY IN COLLIER COUNTY CRIMINAL PROCEEDINGS In accordance with the provisions of Chapter 29, Florida Statutes, as amended by Senate Bill 2962, effective July 1, 2004, all fees for expert testimony of the Medical Examiner in criminal proceedings shall be paid by the State of Florida. Upon performance of service, the Medical Examiner shall submit its fee for service to the appropriate State agency or court- appointed counsel. SECTION XII NOTICES All notices from the County to the Medical Examiner shall be deemed duly served if mailed by registered or certified mail to the Medical Examiner at the following address: Office of the Medical Examiner 3838 Domestic Avenue, Naples, FL 34104 All notices from the Medical Examiner to the County shall be deemed duly served if mailed by registered mail to the County at the following address: Collier County Emergency Management Director 3301 East Tamiami Trail Naples, Florida 34112 The County and the Medical Examiner may change the above mailing addresses at any time by giving the other party written notification within fifteen (15) days of said mailing address change. All notices under this Agreement must be in writing. Agenda item No. 16F5 September 14, 2004 Page 10 of 12 SECTION XIII NO IMPROPER USE The Medical Examiner will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purposes, or for any purpose in violation of any federal, state, county, or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Medical Examiner or any staff of the Medical Examiner, the County shall have the right to suspend this Agreement with the Medical Examiner. Should the Medical Examiner fail to correct any such violation within twenty -four hours after receiving notice of such violation, such suspension shall continue until the violation is cured. SECTION XIV INDEMNIFICATION The Medical Examiner, in consideration of ten dollars, the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agencies and employees from all suits and actions, including attorney fees and all costs of litigations and judgments of any name and description arising out of, or incidental to, the performance of this Agreement or services performed thereunder. The Medical Examiner's obligation pursuant to this provision shall not be limited in any way by the agreed -upon compensation under this Agreement or the Medical Examiner's limit of, or lack of, sufficient insurance protection. The first ten dollars of compensation received by the Medical Examiner under this Agreement is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. SECTION XV TERMINATION AND CONTINUITY OF SERVICES A. This Agreement may be terminated by either party upon ninety (90) days written notice to the other party by Registered Mail, return receipt requested. The parties shall deal with each other in good faith during the ninety -day period after any notice of any intent to terminate has been given. Either party may terminate this Agreement immediately for reasonable cause, upon written notice to the other. Reasonable cause shall include but not be limited to: (1) Material violation(s) of this Agreement; 0 Agenda item No. 16F5 September 14, 2004 Page 11 of 12 (2) Suspension or revocation of the Medical Examiner's license to practice medicine or other disciplinary actions taken against the Medical Examiner by the Florida Medical Examiners Commission or similar regulatory authority; (3) Revocation of the Medical Examiner's appointment as Medical Examiner for Florida Medical Examiner District Twenty; (4) Any violation of the Medical Examiner's duties as required under Chapter 406, Florida Statutes; (5) Repeated and/or prolonged absence(s) from office substantially affecting the performance of the duties of the Medical Examiner under this Agreement; (6) The death of the Medical Examiner; (7) Physical and/or mental incapacitation of the Medical Examiner substantially affecting the performance of the duties of the Medical Examiner under this Agreement. B. In the event of a termination of this Agreement by the County, the County shall only be required to pay such compensation to the Medical Examiner as she may be entitled to for services performed until the time of termination. SECTION XVI AMENDMENTS This Agreement may be modified by amendment at any time provided that such amendment is in writing and signed by both parties. SECTION XVII ATTORNEY FEES In the event of any litigation arising under this Agreement, the prevailing party shall be entitled to recoup attorney fees and all costs of litigation from the non - prevailing party at both trial and all appellate levels. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day first above written. ATTEST: Dwight E. Brock, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 9 Donna Fiala, Chairman n Wite D e g4ri 6j 1 -/),p ®rmas _ Typed or Printed Name Second Witness } Signature / Date n vt C Typed or Punted Name Approved as to form and legal sufficiency: 7]� Assistant unty Attorney Agenda item No. 16F5 September 14, 2004 Page 12 of 12 MEDICAL EXAMINER Marta U. Coburn, M.D. Medical Examiner Florida District Twenty Date: 10 10 Agenda Item No, 16F6 September 14, 2004 Page 1 of 2 EXECUTIVE SUMMARY Request the Board of County Commissioners Approve a Budget Amendment Recognizing and Appropriating an $11,765.00 Donation from the American Heart Association in the Emergency Medical Services Fund (490). OBJECTIVE: To recognize and appropriate an $11,765.00 donation in EMS Fund 490. CONSIDERATIONS The American Heart Association has provided the County's EMS department a donation for $11,765.00 for the sole purpose of purchasing Automated External Defibrillators. A budget amendment is required to recognize and appropriate these funds. These funds will be recognized and appropriated in the EMS Fund 490- 144610- 764250. FISCAL IMPACT: Increase to EMS Fund (490) of $11,765.00 for Fiscal Year 04. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the budget amendment recognizing and appropriating an $11,765.00 donation from the American Heart Association for the purchase of Automated External Defibrillators. App—d By Of— App— BY c -.1 Li..i:�N A. App—d By COLLIER COUNTY .kppm— By C—ly M j--, W .\pproved By Appnved B7 %pp—d By 9usav al E—, U,4— App—d By Of— App— BY c -.1 Li..i:�N A. App—d By .kppm— By C—ly Agenda Item No. 16F7 September 14, 2004 Page 1 of 5 EXECUTIVE SUMMARY Approve an Agreement between Collier County and Naples Community Hospital for use of the Medical Examiner Facility to Conduct Autopsies OBJECTIVE: Board of County Commissioners approval of an agreement with Naples Community Hospital (NCH) allowing NCH to conduct non - Medical Examiner autopsies. CONSIDERATIONS: Naples Community Hospital (NCH) has utilized the Medical Examiner Facility to perform non - Medical Examiner autopsies under an Agreement approved by the Board of Commissioners on October 6, 1998. The Agreement presented today replaces the 1998 Agreement and specifies each parties responsibilities, includes renewal and termination provisions, and a user fee schedule of $350 for a complete autopsy or $200 for a partial autopsy. Fees are payable to Collier County and monthly billing will be processed by the Department of Emergency Management. FISCAL IMPACT: Revenue collected per the Agreement will be appropriated to the General Fund (001), Medical Examiner cost center. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the Agreement between Collier County and Naples Community Hospital for use of the Medical Examiner Facility to perform non - Medical Examiner autopsies. AgerKM llm W.'6F% Appm." BY COLLIER COUNTY �::n Ja - -un 'Nn`G.m. ivdpaf a -alYa! .a+ EtOTRC O' COUNTY COMMISSIOBERS Om:aNM.xapamwm.6 audpM S�:SZGG !1'.3G pM karr: MumEar t:i;; Ma�ayrmoM a e oa.;,� nau Mi�r.al smrie.�aa MT Ma::ago(a Sr..a,a kam Summary K� +` au� opn•:. ^a�:x tr_�xror fi,3r'.:auAV viJ .\aN`x Cs- m..:n:Y •c•.aral'w uxc -. �s n4f � txma,n. -.YC14Y h ;,:nA:f A.;tn:rts_s. _e::-tT Ma ^a¢.r lea M-9 O� 3'Y:: In�A4 "q—d BY au >a,eT 1YSlA!on Sanier I.eYn:nMMM )ua:sraA 414Z"�I:a a::d:!x AM w.rY Ma -apeYa J'!�+ E�.a -� ncY 1Na+9ama�,l Approved BY %v WalAsm, .-rn.w lAnineabsrK AV:atanl SAM AY Ma ^aYe %Y. . £:. -a•,e 1.'=-11,G PM :SppnT BY SHE- SUnmara Bu:ah cl Erwp.ncy sarwcw O>N n1Y'1/rt:ape /a O!Rea ..Incfa Bumau ct E,w:yWney SarreAS If14Ztt4 +O OC AM App—d BY AdcAr:.ira::vn AaaiMSa Osta P. E.n — ,,'Ma -aEa%. — e!Mana¢am.rti$W . E'i— Appm." BY �::n Ja - -un 'Nn`G.m. ivdpaf a -alYa! .a+ ntv Ma ^a�IS Om..a Om:aNM.xapamwm.6 audpM S�:SZGG !1'.3G pM Ap,—v BY Ma�ayrmoM a e oa.;,� nau Mi�r.al smrie.�aa MT Ma::ago(a Sr..a,a rw o:sc.,�Ma.- .aye,rwAa Bu9Ya vz- ::z:Aa?l �a •M Yppbved BY J.rrwa v. Mudd _e::-tT Ma ^a¢.r lea OMe. S:•.ZNA 1'.71 ±M r Agenda item No. 16F7 September 14, 2404 Page 3 of 5 AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES COMMUNITY HOSPITAL RELATING TO A LICENSE AGREEMENT TO PERFORM AUTOPSIES 1 • This agreement is made between Collier County, Florida, a political subdivision of Florida hereafter referred to as "County" and Naples Community Hospital, hereafter referred to as "NCH." This agreement relates to the use of the Collier County Medical Examiner Facility located at 3838 Domestic Avenue Naples, Florida, hereafter referred to as "the Facility" by NCH for the sole purpose of conducting non - Medical Examiner autopsies. The County hereby grants to NCH a license to use the Facility to conduct autopsies. 2. This agreement is entered into on January 1, 2004 and continue until terminated. Either party may terminate this agreement without cause by conveying to the other party a "Notice to Vacate" the Facility, whereupon the Facility shall be fully vacated within no more than 30 days following receipt of such Notice. 3. All notices, demands, or other writings required to be given, made or sent by either party to the other shall be addressed to the following: Dr. David Greider Naples Community Hospital 350 7h Street North Naples, Florida 34102 and Dr. Marta U. Coburn Collier County 3301 East Tamiami Trail Naples, FL 34112 4. NCH agrees to: a. Cooperate with the policies and procedures of the Medical Examiners Office and adhere to proper standards of practice in performance of autopsies. NCH understands that the Medical Examiners workload is of primary importance, although every effort will be made to accommodate, in a timely manner, the needs of NCH. b. Comply with all local, state and federal laws and regulations at all times. 5. County agrees to: a. Provide, by utilizing the services of the District Twenty Medical Examiner technical staff, all necessary supplies and personnel required for the performance of autopsies and to maintain all working areas in a safe and clean condition. Agenda item No. 16F7 September 14, 2004 Page 4 of 5 b. make available the Facility and personnel during regular, weekend, holiday or overtime hours, whenever possible to NCH. 6. NCH shall pay to the County a User's Fee of $350.00 for each autopsy performed by or for NCH at the Facility and $200.00 for each autopsy that is limited to the cranial contents only. The fees will be used to pay for all costs and expenses for supplies and labor of the Medical Examiner operations used in performance of said autopsies. The County shall furnish a bill to NCH each month for all autopsies performed during the preceding month, which shall be due and payable not more than 30 days following receipt of such bill. 7. NCH is the sole judge of the suitability of the Facility and the County makes no representations that the Facility is suitable for any need of NCH. NCH takes the Facility "as is" and the County has no obligation to modify the Facility. NCH shall hold harmless and indemnify Collier County and the District Twenty Medical Examiner against each claim of every description that asserts that the Facility, or any part thereof or any thing associated with the Facility, contribute in any way, directly or indirectly, to any claim being asserted against NCH and/or the County. This hold harmless provision shall survive termination of this agreement for the duration of the longest applicable Statute of Limitations for any such claim. 9. This agreement is a non - exclusive agreement. NCH agrees that the County shall have the right to enter into agreements with other parties to allow the use of the Facility for similar purposes. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk DONNAL FIALA, Chairman NAPLES COMMUNITY HOSPITAL, INC. By: voa ,-7 . Edward A. Morton /J CEO A_ TTEST: ,G! zL� ,6eiWfw Assistant Secretary Seal- 2 Agenda Item No, 16F7 September 14, 2004 Page 5 of 5 Approved as to form and legal sufficiency: 1; C; —W Zla�L Scott R. Teach Assistant County Attorney Agenda Item No. 16F8 September 14, 2004 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to Approve Tourism Agreements Between Collier County and Equinox Documentaries Inc for Television Program Production OBJECTIVE: To obtain approval for a Television Program Production Grant Agreement between Equinox Documentaries, Inc. and Collier County for $25,000. CONSIDERATIONS: 1) Television Program Production Grant Agreement - $25,000 PROJECT DESCRIPTION: The Tourism Department has negotiated an agreement with Equinox Documentaries, Inc. to produce a 30- minute video on the Everglades Wildern ess Trail. Equinox has the staff, facilities and expertise to create and broadcast educational and informational programming. Equinox will research, write and produce this video of the Western Everglade. The Tourism Development Council recommended this project at their September 22, 2003 Board meeting. FISCAL IMPACT: 'The funds for the Equinox production have been budgeted in the proposed FY 05 Tourism Department budget (194). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this agreement. RECOMMENDATION: That the Board of County Commissioners approve Tourism Agreements for a Television Program Production Grant Agreement with Equinox Documentaries, Inc for $25,000. I' --- M14 COLLIER COUNTY BOARD CF COUNTY COMMISSIONERS A.Vlll, T, BI-- W "' ' —N D— ut5..r 1, N' A. Appmle 31 AM App—d BY Me. ::'S•] AM Appl— BY •!", AM App—d By —'t. i 12 App—d By Y. PM Agenda Item No. 16F8 Equinox Documentaries, Inc. /Funding Partner September 14, 2004 Page 3 of 6 PROGRAM PRODUCTION GRANT AGREEMENT This Program Production Grant Agreement ( "Agreement "), dated the day of , 2004 is by and between Equinox Documentaries, Inc., a Florida not for profit corporation, ( "Equinox ") and Collier County ( "Grantor"). RECITALS: WHEREAS, Equinox has the staff, facilities and expertise to create and broadcast educational and informational programming, and WHEREAS, Equinox has agreed to research, write and produce a video on the Western Everglades; and WHEREAS, Collier County desires to fund the cost to create the video on the Western Everglades pursuant to the terms of this Agreement. WITNESSETH: NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree as follows: A. Equinox Agrees to: (Scope of Work/Services) • Research, write, and produce a 30- minute video on the Western Everglades as part of the program Off the Map • Perform or contract for —at Equinox's expense —all reasonable and customary services necessary to produce the video including but not limited to the camera crew, grips, and editing studio • Provide up to a 15- second funding credit at the beginning of the segment • Maintain creative control of all material and final product to protect the integrity and perception of integrity of the final product. • Provide rough cut of the final video for Greater Naples, Marco Island, Everglades Convention & Visitors Bureau review and check for accuracy • Provide one Beta SP master and a DVD master (mpeg 4 format) without commercials and with approved rights for future use by the Grantor • Maintain ownership rights to the video • Release the royalty-free rights to the completed video for noncommercial uses, including public viewing on government channel broadcast, and duplication rights for distribution of the video to the Grantor • Arrange for the fee and free airing of the video at least once on the Sunshine Network or comparable network • Pursue additional fee and free airing of the video through public broadcast stations and similar outlets following the video's preview on the Sunshine Network or comparable network rad6lD25.tmp Page 1 of 4 Agenda Item No. 16FB September 14, 2004 Equinox Documentaries, Inc. /Funding Partner Page 4 of 6 • Equinox agrees to identify a contact person within Equinox's organization to act as liaison between Grantor and Equinox for all matters related to carrying out the production and telecasting activities related to this Agreement. B. Grantor Agrees to: (Scope of Work/Services) • Assist in making arrangements and providing information necessary for Equinox to properly schedule, research, write, and produce the video segment. • Provide the Greater Naples, Marco Island, Everglades Convention & Visitor Bureau logos to Equinox along with the language to be used. • Provide in -house assistance to producers of the Off the Map to promote and publicize this program, in particular the Western Everglades video segment, through media venues and related sources. • Pay Equinox an amount of $25,000 upon the following completion schedule: 1. $5,000 upon grantor approval for accuracy of the video overview or treatment and production schedule 2. $7,500 upon grantor approval for accuracy of the video content outline 3. $5,000 upon grantor approval for accuracy of the video script 4. $7,500 upon delivery to Grantor of the Beta SP and DVD Masters of the video segment without commercials. Assist Equinox in identifying completion funding sources in the amount of $10,000. Grantor agrees to identify a contact person within Grantor's organization to act as liaison between Equinox and Grantor for all matters related to carrying out the production and telecasting activities related to this Agreement. Grantor acknowledges that Equinox must commit to certain expenses in advance of each production. Grantor agrees that if it should require that any production contemplated herein be canceled or postponed, Grantor shall notify Equinox in writing within 72 hours in advance of each production. If said notice is not received by Equinox, • Grantor shall, at its option, either directly reimburse Equinox for expenses related to the canceled production or reduce the scope of remaining productions to keep the overall cost of production activities within the original intent of this Agreement. C. GENERAL AGREEMENTS: 1. The term of this Agreement for the production of the Videos and telecasting of the Program shall be from September 14, 2004 through September 30, 2005. 2. Other than matters relating to carrying out the production and telecasting activities related to this Agreement, all notices from either party to the other will be in writing and will be deemed received when delivered in person, by facsimile transmission, or upon receipt if sent by overnight express mail or certified registered mail, postage prepaid and properly addressed to the other party, at the following addresses: Bob Giguere Jack Wert radM25AMP Page 2 of 4 Agenda Item No. 16F8 Equinox Documentaries, Inc. /Funding Partner September 14, 2004 Page 5 of 6 Vice - President Executive Director Equinox Documentaries, Inc. Greater Naples, Marco Island, Everglades CVB 1503 Robin Road 3050 N. Horseshoe Drive Orlando, Florida 32803 Suite #218 Naples FL 34104 3. Each party certifies that any and all materials furnished by them for use in the creation of the videos were either owned by them or otherwise authorized for such use without obligation to any other party. If, by a reason related to the content of the videos produced pursuant to this Agreement, there is any claim or litigation involving any charge by third parties of a violation or infringement of their rights, each party to this agreement shall be solely responsible for the content that they directly provided for the videos and accordingly, each party shall indemnify and hold harmless the other party and its assigns from any liability, loss or expenses arising from such claim or litigation. 4. Equinox shall own the copyright to the videos, including the right to make recordings of the videos and to use and re -use the recordings of the videos, in whole or in part, for radio and television broadcasting, cablecasting, audiovisual and closed circuit exhibition and other electronic and mechanical distribution of whatever kind throughout the world in perpetuity. Equinox grants to Grantor a license to use the videos in any nonbroadcast manner, including public viewing and government channel broadcast, except resale. Equinox shall use its best efforts to offer broadcast rights of the video to local cable channels and to other stations around the country. 5. Nothing in this Agreement, whether express or implied, is intended to infer or create a partnership or joint venture between the parties or to create any other form of legal association or relationship except as herein stated. 6. Neither party to this Agreement shall be liable to the other because of any failure to perform due to acts of God, fire, labor dispute, civil commotion, act of government, flood, or any other cause or event, whether similar or dissimilar to any of the foregoing, beyond either party's control. 7. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiations, understandings and representations (if any) made orally or in writing by and between such parties. 8. The provisions of this Agreement or any attachments hereof may not be amended, supplemented, waived or changed orally, but only by a writing signed by both parties and making specific reference to this Agreement. 9. Neither party shall assign its rights and /or obligations hereunder without the prior written consent of the other party to this Agreement, said consent not be unreasonably withheld. 10. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors and permitted assigns. 11. If at any time after the execution of this Agreement any party believes the other party has violated the terms of this Agreement, that party shall have the right to seek appropriate relief including, but not limited to, a permanent injunction restraining further rad61D25Amp Page 3 of 4 Agenda Item No. 16F8 September 14, 2004 Equinox Documentaries, Inc. /Funding Partner Page 6 of 6 violations, recovery of the amount of consideration paid pursuant to the terms of this Agreement and /or damages, as appropriate, and reasonable attorneys' fees. 12. Each party (the "first party") hereto agrees to indemnify and hold the other harmless from and against any and all claims, liabilities and costs (including reasonable attorney's fees) of any kind arising from the first party's material breach of any of its obligations under this Agreement or arising from events under the control of the first party. 13. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced, in Collier County, Florida, in accordance with the internal laws of the State of Florida without regard to principles of conflicts of laws. 14. Each party represents and warrants that it is free to enter into and fully perform this Agreement, and will indemnify and hold harmless the other from any breach of such representation or warranty. IN WITNESS WHEREOF, the parties have duly signed, sealed and delivered this Agreement as of the date first written above. ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk WITNESSES: (1) Printed/Typed Name (2) Printed/Typed Name (corporate seal) Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, Chairman EQUINOX DOCUMENTARIES, INC. BY: Pdnted/Typed Name Printed/Typed Title rad61D25Amp Page 4 of 4 Agenda Item No. 16G1 September 14, 2004 Page 1 of 2 EXECUTIVE SUMMARY Approve a budget amendment for $18,800 to increase budgeted revenues and budgeted expenses for the sale and purchase of aviation fuel at Marco Island Executive Airport OBJECTIVE: To acquire approval of a budget amendment to receive and spend additional funds for the sale and purchase of aviation fuel because of an increase in the selling price and purchase cost per gallon of aviation fuel. CONSIDERATIONS: In preparing the FY04 budget, the average cost per gallon of Jet A fuel for Marco Island Executive Airport was budgeted to be $1.29. Thus far this year, the cost has been averaging $1.46. For every dollar increase in the cost of fuel, there is a corresponding dollar- for - dollar increase in the selling price. The markup on fuel sales is a fixed amount per gallon. This means that the increase in the cost of fuel purchases is offset by an increase in the amounts received for fuel sales. Because of the increased unit cost of fuel, the budget authorization for the .— amount to be spent on fuel purchases at Marco Island Executive Airport has been nearly exhausted. In order to purchase additional quantities of fuel for the balance of the year, the budget authorizations will have to be increased. Two loads of Jet A fuel costing $28,000 (16,000 gallons @ $1.75) are projected to be needed for the balance of the year. The current purchase order has $9,200 available, leaving an additional requirement of $18,800. FISCAL IMPACT: The fiscal impact of this budget amendment request nets to zero. The budget for Jet Fuel Expense will be increased by $18,800. The revenue budget for Airport Jet A will be increased by $18,800. 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 for $18,800 to increase the budgeted revenues and budgeted expenses for the sale and purchase of aviation fuel at Marco Island Executive Airport. Agenda item No. 16GI COLLIER COUNTY September 1 4 .2004 page 2 of 2 BOARD OF COUNTY COMMISSIONERS tt,,m Number 15G7 item Summary ApPW- a bju-3et a11-d—flt t,( S16 5C t. Iry esee -0q.[.,J --e— and b..jget,•j p— V, the -1. j 0 f-4 .1 Mal- 1.1—d Ez—U- Avperl. Meeting Date 9; l4t2&04 9.00 0' AM Prepared By A— T-?,,—, 8;: &2M 48:06:.1 AM c'y M.—qe. OVS.. Awpl. A.th.nty A pp-,,d By ec. T.W. Airport V--W Manager D,4, C ... ty Off- Airport Authomy 1,1&7004 8:18 AM A pp-,,d By Debi M-1., A—t T-hl.:— Cats C.." Manager. Offl- Airport A, Ll,—,ry Approved By C.."y M.-gr. DIN- A,P111. Ath-nlf 3;! -.WUX14 8 55 AM Approved By Pat L,hnlAr Admin,Iwe A&I'lZalt D.I. C—&U M.—Ow. Of to Off— of M..",— 8 "J—t I,! $,?OU 10 li AM Approved By P.,jy G--kj S,—d of Connly Off.. of PM c".--.— Approved By M.i S.,yk—i Mansg.menl & ls.dqt r "o- C—my M—qe. Of OM.. At Msnaflemart & Budget W712004 &:S2 AM Approved By amen V. Mudd C—my Manager Gals Beaty .1 County C—ty Manager: Qff:c, &27;2_34 I D:41 AM CcmmsswnaR Agenda Item No. 16H1 September 14, 2004 Page 1 of 4 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 Colette FUNCTION/EVENT: NAACP Annual Freedom Fund Banquet and Silent Auction PUBLIC PURPOSE: To represent the County to a group instrumental in expanding the �-- educational, youth works, health and important social programs in the County. DATE OF FUNCTION/EVENT: October 16, 2004 FISCAL IMPACT: $55.00 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: September 14, 2004 X77daitC NO 16=41 Fags Z N4 COLLIER COUNTY BOARD OF COUNTY COM MWONERS S—wy PrepaM By o0 App—" BY 7 "..5 AM App—d By NAACP OF COLLIER COUNTY BANQUET RESERVATIONS OCTOBER 16, 2004 SPONSORSHIPS Please check below for reservations. Agenda Item No. 161-11 September 14, 2004 Page 3 of 4 PLATINUM $2000 TOTAL Includes eight (8) tickets for the banquet, a full-page AD in the souvenir journal (the inside front and back covers and the outside back cover will be allotted to the first three Platinum SPONSORS), and special recognition at the banquet. GOLD $1500 TOTAL Includes six (6) tickets, a half page AD in the souvenir journal, and special recognition at the banquet. SILVER $ 1000 TOTAL Includes four (4) tickets, a half page AD in the souvenir journal, and special recognition at the banquet. DIAMOND $ 750 TOTAL Includes two (2) tickets, a quarter page AD in the souvenir journal, and special recognition at the banquet. For AD sizes refer to: Souvenir Journal form. INDIVIDUAL TICKETS One Adult ticket @ $55 each: $ 55.00 Total Children tickets (18 and under) $30 each $ Total We will not attend but would like to make a contribution $ Total Sponsorships and Tickets Sales. Make checks payable: NAACP Collier County Individual/Organization/Contact Person Address/City /State/Zip Code: Telephone Number/Fax Number/Email Address Open Seating/Reserved seating for a table of 10 Commissioner Jim Coletta, District 5 3301 E. Tamiaml Trail, Naples, FL 34112 (239) 774 -8097 / 774- 3602/jimcoletta@colliergovnet Open Seating THAN %YOUFOR YOUR GENEROUSSUPPORT1 Agenda Item No. 16H1 September 14, 2004 Page 4of4 NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE COLLIER COUNTY BRANCH ( #5117) ��. P.O. BOX 990727 NAPLES, FLORIDA 34116 (239) 455 -2886 FAX (239) 417 -2968 Email: president@naacpcolliercounty.com NAkCp www.naacocolliercounty.com LW 95 Years of Struggle and Progress LaVeme C. Franklin President Dear Supporter: August 20, 2004 For ninety -five years the NAACP has been a champion for equal justice and continues to be committed to improving the quality of life for all people. In an effort to continue this critical work the Collier County Branch is hosting its 22nd Annual Freedom Fund Banquet and Silent Auction. It will be held on Saturday, October 16, 2004 at the lovely Elks Lodge, 3950 Radio Road Naples, Florida. The social hour will be 5:30 -6:30 and the program will begin at 6:30 P.M. The guest speaker will be Ms. Athallah Shaba2z and Felix Jiles will provide the entertainment. The annual banquet is our principal fund raising event of the year. Your much needed support will go a long way in helping us maintain and expand our educational programs and other important social programs. This year we have designed several ways for you to make a contribution. The Reservation and Journal forms are enclosed for your review. 1) SPONSORSHIPS: There are four levels of sponsorships available: the Diamond at the cost of $750, the Silver at a cost of $1000, the Gold at the cost of $1500 and the Platinum at a cost of $2000. 2) AD Souvenir Journal: A full page is $200. A half page is $125. A fourth page is $75. An eighth page/business card cost $50. Family and single name ADs are also available. 3) Ticket Sales: You may purchase tickets in advance. Adult tickets are $55 and children tickets (18 and under) are $30. 4) Donations: Donations can be made to our Back To School/Stay in School Program, which is a tax, deductible under IRS 501 C3. The check MUST be written to: NAACP Collier County BTS ISIS. 5) Auction Items: Donations will be picked up. Please call 239- 352 -4287 or 793 -3786. 6) Please complete the attached forms that detail the contribution method that you would like. Mail your check and all forms to NAACP Banquet, P.O. Box 990727, Naples, FL 34116. Your Sponsorship and Souvenir Journal forms must be received No later than September 20, 2004. Warm Regards, LaVeine C. Franklin LaVeme C. Franklin Agenda Item No. 161-12 September 14, 2004 Page 1 of 4 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: Tom Henning FUNCTION/EVENT: RSVP 2004 Summer Recognition Luncheon PUBLIC PURPOSE: To honor the volunteers who serve the RSVP organization .-- DATE OF FUNCTION/EVENT: August 26, 2004 FISCAL IMPACT: $25.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Tom Henning to attend function serving a valid public purpose. PREPARED BY: Sam Tucker, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: 09/14/2004 A3gnna it m.140 16K2 COLLIER COUNTY BOAFM OF COU— COMMISS10-1$ S— ? 7..j N. 2-O $2'.:4 hrp�rN B) Cm AppnwA By C— mc App oM By C-7 NxwpM D.. i z � s { In Appreciation of your Dedication & Caring Agenda Item No. 161-12 September 14, 2004 Page 3 of 4 RSVP of CoTiier County Invites you to the 2004 Summer Recognition Luncheon Please join us at 4�S IFF4• Nap to S BA- T & TENNIS CLUB, 4995 Airport Road North Naples, Florida 34105 Thursday, August 26, 2004 The sit -down lunch will be served @ 12:00' pm Please RSVP by Friday, August 13, 2004 See attached for directions and reservation form RSVP Will be collecting school supplies for low- income students in Collier County. Your donations will be greatly appreciated. Agenda item No. 16H2 September 14, 2004 Page 4of4 North T M m ;r 02004 aDQuest.co ino.; ©2004 NAYiEQ iI Naples Bath & Tennis Club is located on the west side of Airport Road and south of Pine Ridge Road. Please complete the registration form by Friday, August 1 -1. 2004 and return it with your check.for $25.00 payable to RSVP to hold your reservation. your check will be returned to you at the luncheon. Guests will have a choice of either Caribbean Pork Loin with Rum Raisin Sauce or Sirloin Swiss Steak Braised with Onions. Include you name next to the menu choice you prefer. Name [Canbbean Pork Name [smom swiss steak] Phone -1-14 - b ;c)-,� Amt. Enclosed Return to RSVP: RSVP of Collier County, Administration Bldg., 22o1 E. Tamiami Trail, Naples, FL 34112 Agenda Item No. 13H3 September 14, 2004 Page 1 of 4 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 FUNCTION/EVENT: RSVP of Collier County 2004 Sumner Recognition Luncheon at Naples Bath & Tennis Club PUBLIC PURPOSE: Interact with and thank the many volunteers who dedicate their time to helping the community through the Retired Senior Volunteer Program of Collier County. DATE OF FUNCTION/EVENT: August 26, 2004 FISCAL IMPACT: $25.00 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 to attend function serving a valid public purpose. PREPARED BY: Trisha McPherson, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: September 14, 2004 COLLIER COUNTY Ibm S-1 3 �111 15, S I T 52, 10 i. be V..tin ON By App—,d By %pp'—d By Tie serve - �z:aopm E!iolf� 1M jy eq y `r r NI I� � v- $ I � T North T .I 4 ; -- }` Grand Palm � O r o ' -� D r _ `II I r Tarr aTa Dr g y'�La_costa car y 'bi Fiam�t -DYr� - y Y7 Jy% - J I,, � ensin�gton: `-- Golf 1 co try clues NqI St Baina`as Ct g R c�# dAV7F(7 i I r 02004 WOPOU"LOO . IM-; 02004 ,Agenda Item Flo. 1;zH3 September 14. 2004 Page 4 of 4 Hawk Or Naples Bath & Tennis Club is located on the west side of Airport Road and south of Pine Ridge Road. Please complete the registration form by Friday, August 1 -j, 2004 and return it with your check for $25.00 payable to RSVP to hold your reservation. your check will be returned to you at the luncheon. Guests will have a choice of either Caribbean Pork Loin with Rum Raisin Sauce or Sirloin Swiss Steak Braised with Onions. Include you name next to the menu choice you prefer. Name [canbbean pork gym] F�zAN K Com jSSI 0QE� ,its Name [smoin swiss steak] Phone -I -I -I(-[ - s o q `� Amt. Enclosed a 5.0 Return to RSVP: RSVP of Collier County, Administration Bldg., 22o1 E. Tamiami Trail, Naples, FL 34112 Agenda Item No. 16H4 September 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: Leadership Collier Kick Off In Honor of the Class of 2005 PUBLIC PURPOSE: To represent the county in support of these upcoming leaders. .— DATE OF FUNCTION/EVENT: September 8, 2004 FISCAL IMPACT: $15.00 - Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Jim Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: September 14, 2004 Au_elda Item No. 16H4 September 14.2004 Page 2d3 COLLIER COUNTY aOARD OF COUNTY COMMISSIONERS ibm Number 16HJ bm Summery Conmissioner Coletla IWIMs rpniburoemenl d 515.00 x a valid public purpose fa attertlirp Me'lead —ip CWier lCa Off m honor al the doss a(2005 oh September 8. 200a M.etihe 0— Si-20(M 9 -. .00:00 AM pmp" By Daw Na cy R0Ylak cxecuave Aide :o rha dCC ei'S�]peJ 9:e5:pJ AM aoora oeco�mr dcc-- Approved By Sua Filson 5xac— -nagerro:M1. aCC haw 3oar1 of Coumy Cemmissione.s BCC Office 3l-00<9:'J9 AM Approved By _am.s V 'eutld C".,y Manager Date aoa,e oeco�n -y ..omm�svon County Mana9r's Omc. 6'25i2ppl 10:J6 AM Agenda Item No. 16H4 September 14, 2004 Page 3 of 3 i '17m Greater 1 \T,�ze °s Chamber of Commerce iimiiter ou and your .j." cant other to attend this year'' Leadership Collier Kick Off In honor of the Class of2005 Beach Hotel and � o,.,.T C1u 8--571 Guf Shore Blind N-or;% b:.. u , 5:30- i .S' 1 per person Igor d'oeuvres and cash rear -L I.- -P h11 Sete her 1. ;?004 Meal e : �3 +r +cr ier it = u -1 a 38 1,) 'U. VP P -w , egi.rter %lrrltfre at :v)viv. nap. eJ' %7a1II/7e1: X71 Agenda Item No. 161-15 September 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTIONIEVENT: Leadership Collier Kick Off PUBLIC PURPOSE: Represent Collier County and show support of the new Leadership Collier Class DATE OF FUNCTION /EVENT: September 8, 2004 FISCAL IMPACT: $15.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kathy Highbaugh, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: September 14, 2004 r An-d. Item No. IBHS September 13. ZW4 p— 2 pl 3 COLLIER COUNTY 30ARD OF COUNTY COMMISSIONERS IYm Number 16HS Mem Summary Cpnm� voner Fiala s reRwst for Boam approval for re.MwsrnnMl for anendng a runcYpn serving a valid pudic purpou. Aft r W 06 leadership Cdlier We OB on S.,N 8. 2W ah tM Naples 8eacb HoW d Gdl Club: SIS.BU to be paid 1- cormrissiaxr Fala s baud budget. M-..g Des. 9It62006 9'.bD.dD AM rmP By D,. <atM1Y HigM1WvrQr E.ecuuve Aid•:o tM1. aCC 9136rz00+J:]]'.�r 2N Rwrd el <oumy acc OXic. App--d By sa..-iNOn �s.��a...a, ,qe .oxe. acc Da;• snare oe comrxy commission «s aee oN;c. a;maW+ +::a pN App--d By James V. Mudd County iar�ay.r Dan 3oard of COUnry Cdrvniaabn«a Man OfPce 8i3ti1p0110:15 AN r' °y^N' ag•is Agenda Item No. 16H5 September 14, 2004 Page 3 of 3 The Class of 2004 Join us for the Graduation Ceremonies of the Leadership CoC.er Class of 2004 Thursday May 1Yfi 2004 6 p. m. -9 p. m. .�'apfes Beach }fotef,4nd Coo f C1u6 t... jJ 851 cu (Shore Bfvd 5A ortfi i( 1 y t L �- Dinner under the stars on t(e Lauvi 2004 Class members are no charge 5 50 perguest ---------------------------------------------------------------------------------------------------- Please R.S.V.P. by Ma -1o, 2004 v6th check or credit card payment Name r ' L� 4 _ ' _ �f f t ;- 06fiipaw. Atiendin Amount of check or charue - Name of Guest Please make checks patiable to The Greater Naples Chamber of Commerce For Credit Card Information Type= Visa 1\1C arnEx Discover Account ___ __.-Expiration Date Signature The Greater Naples Chamber of Commerce Fax to 435 -9930 or Nail to Samantha Todd The Greater Naples Chamber of Commerce 3620 Tamiami Trail North Naples, FL 34103 Or register on line at ��-��_n�leschanlber.ora No refunds on cancellations after Mai- 11, 2004 Agenda Item No. 161-16 September 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: NAACP's 22"d Annual Freedom Fund Banquet & Silent Auction PUBLIC PURPOSE: Represent Collier County by showing support of the NAACP. .— DATE OF FUNCTION/EVENT: Saturday, October 16, 2004 FISCAL IMPACT: $55.00 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 Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kathy Highbaugh, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: September 14, 2004 Aaeld' item N., 16H6 sep—ber 1d. 2004 Page 2 � 3 COLLIER COUNTY SOARD OF COUNTY COMMISSIONERS Hem N.—I pubic wTmo Atbm i Nl 22M Amual Frxddnl Ferri Bar ot Silent A.Ib- w Sa—y. October 16 MU. at Elk. Club p Rath, Road'. S55 001, be pad from C,--- FWa's I,— budget a: 6i:A06 9 W LV AM P'eP..d By D- -by b9 t'.-4b 3 7.1— A. —0 .1 or n'y 3CC Office App—,d By S.. Filson E—'--— ". — Data Approved By James V. 'AUCd C.—ly --g.' Dare Offi- 1121100 l-3 A. Agenda item No. 16H6 September 14, 2004 Page 3 of 3 NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE COLLIER COUNTY BRANCH ( #5117) .,A ADV '• P.O. BOX 990727 NAPLES, FLORIDA 34116 (239) 455 -2886 FAX (239) 417 -2968 f Email: president@naacpcolliercounty .com N P www.naacDcolliercounty.com 1 95 Ye acrs of Struggle and progress LaVerne C. Franklin President Dear Supporter: August 20, 2004 For ninety -five years the NAACP has been a champion for equal justice and continues to be committed to improving the quality of life for all people. In an effort to continue this critical work the Collier County Branch is hosting its 22nd Annual Freedom Fund Banquet and Silent Auction. It will be held on Saturday, October 16, 2004 at the lovely Elks Lodge, 3950 Radio Road Naples, Florida. The social hour will be 5:30 -6:30 and the program will begin at 6:30 P.M. The guest speaker will be Ms. Athallah Shabazz and Felix Jiles will provide the entertainment. The annual banquet is our principal fund raising event of the year. Your much needed support will go a long way in helping us maintain and expand our educational programs and other important social programs. This year we have designed several ways for you to make a contribution. The Reservation and Journal forms are enclosed for your review. 1) SPONSORSHIPS: There are four levels of sponsorships available: the Diamond at the cost of $750, the Silver at a cost of $1000, the Gold at the cost of $1500 and the Platinum at a cost of $2000. 2) AD Souvenir Journal: A full page is $200. A half page is $125. A fourth page is $75. An eighth page/business card cost $50. Family and single name ADs are also available. 3) Ticket Sales: You may purchase tickets in advance. Adult tickets are $55 and children tickets (18 and under) are $30. 4) Donations: Donations can be made to our Back To School/Stay in School Program, which is a tax, deductible under IRS 501 C3. The check MUST be written to: NAACP Collier County BTS /SIS. 5) Auction Items: Donations will be picked up. Please call 239 - 352 -4287 or 793 -3786. 6) Please complete the attached forms that detail the contribution method that you would like. Mail your check and all forms to NAACP Banquet, P.O. Box 990727, Naples, FL 34116. Your Sponsorship and Souvenir Journal forms must be received No later than September 20. 2004. Warm Regards, LaVerne C. Franklin LaVerne C. Franklin M-101, VE Agenda Item No. 161-17 September 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: United Way of Collier County 2004 Campaign Kickoff Breakfast PUBLIC PURPOSE: To support the United Way effort for the betterment of Collier County DATE OF FUNCTION/EVENT: September 29, 2004 FISCAL IMPACT: $20.00 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: September 14, 2004 Aoenda Item No. IaH; September 11. ?P =W COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Hem N,m r 16 7 Nern Svnmary Cpmnvsvoner Cdela mouasta a— approval fw rambursenwnt to attend a fv�cCOn serving a valid pudic purpose. Aft-9 - Urulad Way M C-W County 2004 Campaign I4 }oR Breakfast an Seplempar 29, 2004. 520 W b be paitl 4an ConrnvssipnerCdetla's 4avN ewyel. M-Un 0- 9114 -,0. 9.00:00 AM prepared By Da;e Nancy Rosiaa axecuu --1..o vhe 3Cc 1,21 : 11 PN 3oara al cPwnv scc Dreg. commision•rs Approved By Spa Filson caac gave laa J .o .he 3CC Dare 3oard of County 3CC OMice 9rIi2a0.11:18 PM Approved By JanNS 1...dd —my MOnayer Dare BoarOOI CJVmY �oun:Y �aanayer's OKce at212aa•ip:3a AM Please join us for the UNITED 1NAY � MiODLLIER COUNTY 2004 MPIA KOFF Valet le $20.00 per person No. Attending: Name(s):1'nn�mISS/ewri? -, m o jETIA Check Enclosed: $ zo • 00 Agenda item No. 16H7 September 14, 2004 Page 3 of 3 Please mail in R.S.V.P. by September 17th Thank You! Agenda Item No. 1611 A September 14, 2004 Page 1 of 4 ,.— BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE September 14, 2004 FOR BOARD ACTION: A. Districts: Verona Walk Community Development District — Proposed Budget for FY 2003 -04 and for FY 2004 -05 2. Fiddler's Creek Community District — Agenda and Minutes of Meeting of May 26, 2004; Agenda for June 25, 2003 Minutes of Meetings of June 25, 2003 and August 27, 2003; District Map; Current Year Budget and Description of Outstanding Bonds; Proposed Budget Fiddler's Creek Community District #2 — Agenda and Minutes of Meeting for April 28, 2004; Minutes of Meetings of May 26, 2004, June 23, 2004; Proposed Budget FY 2005; Current Year Budget; District Map and Description of Outstanding Bonds. 4. Fiddler's Creek Community Development District —Cedar Hammock Community Development District — Agenda and Minutes of meeting held on July 14, 2004; Description of Outstanding Bonds; Budget FY 2004 and Audit; Voting Conflict form. Key Marco Community Development District— Agenda and Minutes of Meetings of May 6, 2004 and Description of Outstanding Bonds; Budget FY 2005. 6. Tuscany Reserve Community Development District — Agenda for May 13, 2004; Minutes of May 13, 2004; General Fund Report. B. Minutes: 1. Public Vehicle Advisory Committee — Minutes of January 5, 2004, March 1, 2004, March 10, 2004, April 5, 2004, May 10, 2004; June 16, 2004. No meetings in February and July, 2004. 2. Immokalee Local Redevelopment Advisory Board — Minutes of March 21, 2004; May 26, 2004. a) CRA — Immokalee — Minutes of January 21, 2004; February 18, 2004. 3. Isles of Capri Fire Control District Advisory Board — Agenda for June 10, �,,.. 2004; Minutes of June 10, 2004. H:Data/Format Agenda Item No. 1611 A September 14, 2004 Page 2 of 4 4. Collier County Planning Commission — Agenda for July 15, 2004; Minutes of June 3, 2004, June 17, 2004. 5. Development Services Advisory Committee — Minutes of July 7, 2004. 6. Domestic Animal Services Advisory Board — Minutes of June 15, 2004. 7. Golden Gate Community Center Advisory Committee — Minutes of January 5, 2004, February 2, 2004; March 1, 2004; April 5, 2004; May 3, 2004; October 6, 2003, November 3, 2003, and December 1, 2003. Collier County Tourism Development Council — Minutes of January 26, 2004 Workshop, February 23, 2004, Special meeting March 29, 2004, March 22, 2004, April 19, 2004 and May 24, 2004. 9. Lely Golf Estates Beautification M.S.T.U. — Minutes of June 17, 2004Agenda for June 17, 2004; Agenda for July 15, 2004. Scheduled dates for projects 1& 2. 10. Lake Trafford Restoration Task Force — Agenda for February 25, 2004; Minutes of February 25, 2004. Minutes of Nov. 14, 2003. 11. Affordable Housing Commission — Minutes for January 9, 2004; February 20, 2004 (No Quorum); March 19, 2004, April 16, 2004 (No Quorum), and June 18, 2004. 12. Pelican Bay Services Advisory Committee — Agenda for July 7, 2004; Minutes of June 2, 2004. 1. Pelican Bay Budget Sub - Committee — Agenda for July 21, 2004. 2. Clam Bay Sub - Committee — Agenda for July 7, 2004; Minutes of April 28, 2004. 13. Bayshore Beautification M.S.T.U. — Agenda for July 14, 2004; Minutes of June 9, 2004. 14. Collier County Airport Authority — Minutes of January 12, 2004, February 9, 2004, Minutes of March 8, 2004; April 12, 2004, May 10, 2004, June 14, 2004. 15. Collier County Contractor's Licensing Board — Agenda for July 21, 2004. 16. Collier County Emergency Medical Services Advisory Committee — Minutes of January 28, 2004; Agenda and Minutes of February 25, 2004; Agenda and Minutes of March 31, 2004; Agenda and Minutes of April 28, 2004; Minutes of May 26, 2004. H:Data/Format Agenda Item No. 1611A September 14, 2004 Page 3 of 4 1. Sub - Committee Meeting Minutes of February 13, 2004 2. Special Meeting for NCH Ordinance — Minutes of February 23, 2004. 3. COPCN Non - Emergency Workshop Minutes of May 21, 2004 17. Radio Road Beautification M.S.T.U. — Agenda for July 21, 2004; Minutes of June 15, 2004. 18. Black Affairs Advisory Board Meeting — Minutes of January 26, 2004 16, 2004, May 27, 2004. 19. I -75 Golden Gate Interchange Ad -Hoc Committee — Minutes of January 14, 2004; November 17, 2003 and December 15, 2003. 20. Collier County Historical & Preservation Board — Notice of July, 2004 meeting canceled. 21. Collier County Productivity Committee — Minutes of June 16, 2004. Other: 1) Guy L. Carlton, Collier County Tax Collector — 2004 -2005 Annual Budgets. 2) Collier County Community Development and Envir. Services — CRA Agenda Item 16GI Report. 3) Collier County Clerk of the Circuit Court— Payment of Publication Notice for Unclaimed Funds. H: Data/Format Ay-da Ile. 'J.. 1611A Septeml,e r 14 2004 P— 4 M1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Nom Numbsr Colt Ift. 3—y W-0-1 items 1. fil. 1. ..m w m xbm as G—I. m-ti.9 0— 9114MN 9- .00-00 AM 3c. OtHCe App—d By Approved By V -dd ..... .... A. Agenda Item No. 16J1 September 14, 2004 Pagel of 3 EXECUTIVE SUMMARY Request approval of a budget amendment transferring funds to the Sheriff's Office for payment of county impact fees for the sprung structures (tents) to be erected at the Immokalee Jail Center. OBJECTIVE: To seek Board approval for a budget amendment transferring $35,590.44 to the Sheriff's budget in order to pay Collier County impact fees for sprung structures (tents) at the Immokalee Jail Center site. CONSIDERATIONS: In FY 2002, the Sheriff's Office purchased and erected sprung structures (tents) at the Naples Jail Center to alleviate overcrowding at the jail. When jail construction began at the Naples Jail, the sprung units were taken down and placed in storage while permits were requested to re -erect them at the Immokalee Jail Center. Permits and site plan are complete and ready for the placement of the sprung structures. The tents are needed to house the increasing inmate population and help to alleviate over crowding at the Naples facility until construction is completed in 2005. It is the intention that these structures will be used for a period longer than six months, therefore impact fees need to be paid to the County for this structure. The Immokalee Jail is scheduled for expansion in future years and the impact fees will be credited at that time. FISCAL IMPACT: Funds are available in General Fund Reserves. I'- - GROWTH IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the budget amendment transferring funds to the Sheriff for payment of County impact fees for sprung structures at Immokalee Jail Center. j suaerY CONSTRUCTION COMPANY July 20, 2004 Collier County Sheriffs Office 3301 Tamiami Tr E Building J Naples, Florida 34112 Attn: Gary Young Dear Crary: Agenda Item No. 16,11 September 14, 2004 Page 2 of 3 In receipt of the permit payment slip for the Xmmokalm Jail Tents the County is requiring the Sheriffs Office to pay impact fees for the proposed tents- We have only included the permit fees as part of our scope of work. From what I was told today, the Board Of County Commissioners will only allow the temporary use of a structure for only six months. If the structure remains on that property longer, impact fees will have to be paid. If the sheriff office decides to expand the jail at a later date these fees will be deducted from the fees due on the permanent structure at that time, if they are paid now. In order for me to pick up my permit these fees need to be paid I don't Wnow if the county would reconsider these fees and waive them until an expansion is done. The sheriff might have to ask that question. Attached is a list of the impact fees they are requiring you to pay. One thousand seven hundred fifty two dollars and forty eight will be paid by Surety Construction Company for permit fees. The remaining thirty -five thousand five hundred ninety dollars and forty- forty cent would be the owed for impact fees. Sincerely SURM CONSTRUCTION COMPANY AGeorgr estgate Estimator — -- 28441 Sawn Tar-Anti ThA Sups 1041 Gf5C a 026670 Fbrna 8p/iA0t MXWO U13a CM a 091578 Tok o tom t296) 692.8090 G= a 031632 FAN r,!n) 862 -7677 �.- CIO, 4q LD rot (4 ,M Agenda Item No. 16Ji September 14. 2004 Page 3.1 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Nem NUrnper 1w, Neon Summary Rayuast approval of a badge, amendmenl Imslemng funds to ma SMWs Office for paY -1 of —1v impact ft- for h. spvlg aW,9ares (lent,) m W —m d alma Immgxalea Jail Canter. (Trial S05,59D.44) meeBng Deb 9;142004 9. D0 D0 AM App—d By Pat Lehnnara Admininndve Aaiatant Dau Cwamy NanagKS OMCe Office M management d Budget 9/129042:26 PM ApPrave4 By mlmaa smyxawaxi C-1 Nana9Ka Omce management a BWga Dinctw D,u nayemwnB Budget 92299412:45 PM App- -d By lamas Y. Mudd Bwrd of Counry Cemmi4saoner4 Couny anayer Date County Manager, ON," 91229942:21 PM Agenda Item No. 16J2 September 14, 2004 Page 1 of 2 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 VALID 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 29, 2004 through September 3, 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 29, 2004 through September 3 , 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: -- X . iia .cl� Date: _ 91 J es L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Reviewed and ��/ a Approved By: (iAncf Da te: Cons ance Murray General Operations Manager Agenda Item No. 16J2 Seplembef 14. 2x04 Page 2 d 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS H— Hu 16J2 Been Summary Ttut the Board of C—W Comnisaionen male a deMmim4an of -'V- Bte purtlusas 01 goods a somas dpaa %d in me DeWod Repod of Open PWd - Orders sane e valid PLbkp pM' - and -0- Me e"ra54n d C-n Y "-"-b-fy said pu ses. A copy W Me Detailed Reparl le m display M me Couny M—e eg Office, 2M Floor, W. Hamm Tvmer Building. 3301 6a1 Tama. Tr . Napba. MeeBng Ogle 9114F20O4 9.00.00 AM Approved By James V. Medtl CounryMmager Date a..a el County Cemmusionera Counry Mma9KS 01fice 9len1aa4 9:11 AM Agenda Item No. 16K1 September 14, 2004 Page 1 of 4 Executive Summary Recommend that the Board of County Commissioners Authorize the Making of an Offer of Judgment to Respondents, Richard McPhillips and Denise McPhillips, for Parcels 129 and 729 in the Amount of $10,000.00 in the Lawsuit Styled Collier County v. Terry L. Lichliter, et al., Case No. 03- 2273 -CA (Golden Gate Parkway Project #60027). OBJECTIVE: Recommend that the Board of County Commissioners authorize the making of an Offer of Judgment pursuant to Section 73.032 F.S., to Respondents, Richard McPhillips and Denise McPhillips, in the amount of $10,000.00 as full compensation, excepting attorney fees and costs, for the condemnation of Parcels 129 and 729 in Collier County v. Terry L. Lichliter, et al., Case No. 03- 2273 -CA. CONSIDERATIONS: On September 19, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the easement acquisition of Parcels 129 and 729 for the Golden Gate Parkway project (Project No. 60027). On October 2, 2003, Collier County deposited with the Registry of the Court the sum of $8000.00 for Parcels 129 and 729 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owners of these Parcels, Richard McPhillips and Denise McPhillips, the sum of $10,000.00 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, and costs to cure, but does not include attorney fees or other such costs. This figure takes into account the basis for the appraised value and the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the property owners to carefully assess their claims for compensation. Respondents have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to pay an additional $2000.00 to Respondents. If Respondents reject the offer and fail to recover more than $10,000.00 for Parcels 129 and 729, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents 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 $2000.00 are available from the Transportation Road Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the terms of the Offer of Judgment and authorize its service on Respondents; approve the expenditure of funds as stated; authorize $2000.00 to be paid to Respondents in the event the Offer of Judgment is accepted by Respondents; and approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment including statutory attorney's fees. Agenda Item No. 16K1 September 16. 2004 Page 2 d 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Ibm Nom-, 16K1 Bam S--q Recommend Bat Ua Board d Candy Corrrnsvarwrs Au81o1ize Me Ma[drg of an Oaer 01 Judgment 10 ROWManls. Rltlard M~1pa and Danes MCPM1ielpz, b Pa"" 129 and ?N,, IM Am0W10f 510.000Don 01e L..., Stylw G 1l County Y. Tarty L. LicN'd«. f. Casa No. 03- 2213-CA (Golden Gate Palcavay Pmjad 0l60021). 88 bN Dam 9i14R006 9 D 00 AM Prepared By Data Assistant Coun:y Anom•y 11X2004 9'18:24 AM Naidi F. ASnron County Artorney Cowty A——lplHCa Approved By -a Taylor Manage .VBOdgar Analyst DaTM an:oPnadon A-1 -1ral as�ipat m.1e AM Approved By SM1aron Newman nsPartion Services Acco«Itin9 6upervisor Gate TransPenadon Adminifira 81&200411'.00 AM App--d By Norm E. Fader. MCP TmnsportaOOn DMzion Admim -ater Dag Tmn zpanion Transpenatbn 3arvrc•z A SI IOI200e 1:43 AM Approeed By Kavm Nendri<es RigM Of Way ACOaisaien Managar Date TmnzPOn�on Sarv�cez TmnzPPnation En9ina•rng and 8110 ml 1 AM Con Approved By David C. Weigel County All— Data County AnomeY County ANt YOIHc• 81311200411 -.104& Appravad By Pai LaM1nM1artl County Manages Adminstmdve 4ssistant Dare OMce OMCe of Nanayammtd Budget 8111110 0 6 1 3: 01 PM Apps d By Susan liznzr ry Mana9er'z Ssni «Managemenv8udyat AnalYS: Data OHlce 01 tca of iaanayemenl8 Bvtl9et 811113004 11'.41 PM Approved By M�chaai SmyBOwsb Marwgement d Budges Dira<I« Date ty M.vtages Office Olfic¢ of Management d Budget 8111:2004 1:14 PM Approved By flames V. Mudd oars m cP�n:v enmm, : :�nnerz C... Manager Des _oa :r Manayva DI6<• 9nrzpya say PM Agenda Item No. 16K1 September 14, 2004 Page 3 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.: 03- 2273 -CA Petitioner, Parcel Nos.: 129 & 729 vs. TERRY L LICHLITER, et al., Respondents. OFFER OF JUDGMENT TO: Charles R. Forman, Esquire FORMAN, HANRATTY & MONTGOMERY 320 NW Third Avenue P. O. Box 159 Ocala, FL 34178 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, RICHARD MCPHILLIPS and DENISE MCPHILLIPS, 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, RICHARD MCPHILLIPS and DENISE MCPHiLLIPS, arising out of the taking of Parcels 129 and 729, in the total amount of Ten Thousand Dollars and No/100 ($10,000.00), which includes the amount of $8000.00 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 September 14, 2004 The construction plans and specifications for the project on which the offer is based have Page 4 of 4 been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this day of September, 2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774 -0225 - Facsimile X), BY: HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Charles R. Forman, Esquire, FORMAN HANRATTY & MONTGOMERY, 320 NW Third Avenue, P. O. Box 159, Ocala, FL 34478 on this _ day of September, 2004 via regular United States Mail. 1 ({ - Agenda Item No. 16K2 September 14, 2004 Page 1 of 4 EXECUTIVE SUMMARY Recommend that the Board of County Commissioners Approve an Agreed Order and Authorize Payment of Business Damage Expert Fees for Parcel 112 in the Lawsuit Styled Collier County v Norma E. Banas, et. aL, Case No. 02- 5137-CA (Immokalee Road Project #60018). OBJECTIVE: Recommend that the Board of County Commissioners approve an Agreed Order and authorize payment of business damage expert fees with respect to Parcel 112 in the lawsuit styled Collier County v. Norma E. Banas, et al., Case No. 02- 5137 -CA. CONSIDERATIONS: On May 13, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 112 for the Immokalee Road project (Project #60018). On May 20, 2003, Collier County deposited with the Registry of the Court the sum of $137,500.00 for Parcel 112, thereby vesting title in the parcel in Collier County. On November 18, 2003, the Board of County Commissioners approved a Stipulated Final Judgment with the property owners. To conclude this matter, the County has agreed to pay $4450.00 for business damage expert fees incurred in connection with Parcel 112, the terms of which are set out in the Agreed Order (attached as Exhibit "A "). The business damage expert agreed to reduce his fee from $6797.50 to $4450.00. FISCAL IMPACT: Funds in the amount of $4450.00 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 $4450.00 to the Gaylord Merlin Ludovici Diaz & Bain Trust Account on behalf of the property owners for business damage expert fees for Parcel 112. Agenda Item No. 16K2 September 14. 2004 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS reem Nom 16K2 Ilkm 9untmery Rewn.nend U al Uv Board d Conn, Co Approve an Agreed Order end AtMariza Payment or 8lmi Oamage Expert Fen in Parcel 112 in Uv Laweuit Shed ColNer Comnty v. Norma E. Banal. st. al.. Cane No 023137 -CA prlmd:abe Road Pmlect +�. @ nX). Meeting Dab 9114fAUd 9:00:00 AM pr P" By Data H.ld F. Aa MOn 4asislaM Cowry ArtomeY efNl0e19 :16 :_cJ AM Coom, Anom.Y Cpunt, Aner -Y Mfiw Approved By Usa Taylor Managem.nVBud9at AnalYSt Dav Tvnspordon Sarvic.s Tmnsponation Adminis:r BIBROW 10:39 AM App—d By Conslructim —on N.•xman Transponien Sarvius 4<counnn9 Supervisor Dav Trsnspenatlon Admidstragw B1d =00d 11:01 AM Approved By Norm E- F.d.r. MCP TrmaportaNOn OlNSion Ao....Vator Dav TransPonlon Servi— TmnspnMa S.rvic.sA e116R00a ::45 AM Approved By 'K.vkn Hendricks sligMMWay ACquisitlon M.nagvr Dav C —W.—I. OMC. TrwsponMlon Engine.Hrq mM ei10Re0a 6:20 AM TranspMlon Services Conslructim App--d By �... Dario c w.ig.1 Cow1Y An—.Y Date CpumY Angm.y Cowry An —Y 11:13 AN App--d By Pal —.1d Administraliv. Assislwl Dav C —W.—I. OMC. OtficedMana9emen[66W9.: e/I1.ROOa 12:03 PN Approved By —on U.. • Senim MwagamenuBUdg.t Marys: Data Caumy Manager's OMC. OMCe of Managemem 6 Budge[ - i3 Approved By Nichasl S.myhmvsM Nlanag.ln.m 6 8udgn Oirecln Oate Caumy Mwa9KS Mfice OYNca of Management b Bud9a1 BlJf.200d f:1] PM Approved By Janes V. Mudd BwrO Of COw1Y Cammissloners Cowry Manager Oav Cowry Narmyeiz Office /1 17004 S:ta PM Agenda Item No. 16K2 September 14, 2004 Page 3 of 4 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, vs. NORMA E. BANAS, et al., Respondents. Case No.: 02- 5137 -CA Parcel No.: 112 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, STANLEY FOGG, JR.. THERESA M. FOGG and FOGG'S NURSERY & MULCH SUPPLY, INC., by and through their undersigned counsel, for entry of an Agreed Order, and the Court, being fully ach ised in the premises, it is hereby ORDERED AND ADJUDGED that Respondents, STANLEY FOGG, JR., THERESA M. FOGG, and FOGG'S NURSERY & MULCH SUPPLY, INC. receive from Petitioner. COLLIER COUNTY, FLORIDA, the aggregate sum of Four Thousand Four Hundred Fifty Dollars and 00/100 ($4,450.00) for business damage expert fees incurred in connection with Parcel 112; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of Four Thousand Four Hundred Fifty Dollars and 00 /100 ($4,450.00) to GAYLORD MERLIN LUDOVICI DIAZ & BAIN TRUST ACCOUNT, c/o Andrew Diaz, Esquire, Gaylord Merlin Agenda Item No. 16K2 September 14, 2004 Ludovici Diaz & Bain, 5001 West Cypress Street, Tampa, FL 33607 -3887 for business damage Page 4 of 4 expert fees for Parcel 112. DONE AND ORDERED this _ day of , 2004, in Naples, Collier County, Florida. Conformed copies to: Heidi F. Ashton, Esquire Andrew Diaz, Esquire E. Glenn Tucker, Esquire Bookkeeping JOINT MOTION CIRCUIT COURT JUDGE The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order. Dated: ANDREW DIAZ, ESQUIRE Florida Bar No.: 974196 GAYLORD MERLIN LUDOVICI DIAZ & BAIN 5001 West Cypress Street Tampa, FL 33607 -3887 (813) 221 -9000 - Telephone (813) 221 -9030 - Facsimile ATTORNEY FOR RESPONDENTS Dated: HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile ATTORNEY FOR PETITIONER Agenda Item No. 16K3 September 14, 2004 Page 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners Approve the Stipulated Final Judgment Relative to the Acquisition of Parcel 118 in the Lawsuit Styled Collier County v. Jack E. Green, et al., Golden Gate Parkway, Project #60027. OBJECTIVE: Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement interests in Parcel 118 for the Golden Gate Parkway project in the lawsuit styled Collier County v. Jack E. Green, et al., Case No. 03- 2227 -CA. CONSIDERATIONS: On September 19, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 118 for the Golden Gate Parkway project (Project #60027). On October 2, 2003, Collier County deposited with the Registry of the Court the sum of $8900.00 for Parcel 118 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2003 -37). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1 "). ,--` The Stipulated Final Judgment provides for $11,000.00 to be paid to Respondents, Richard L. Helferich, James E. Helferich and William G. Helferich, as full compensation for the property rights taken as to Parcel 118 and $462.00 to be paid to Charles Forman, Esquire for attorney fees. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. FISCAL IMPACT: Funds in the amount of $2562.00 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; and 2. approve the expenditure of the funds as stated. ,-I - Agenda Item No. 16K3 September 14. 2OD4 Page 2 d 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Ibm NurMer 16K3 Been Suva RemmnOMa awf aM Bord Of County Cwlmlarfo M App —" S4pJ led Frel Judgmerd Re a6 m ft A,Qisi of Par 11 a m 0u to it Styled Cartier County u. Jad[ E G— M d.. God- G.W PaMw y. Pmjdct 960021, MoeBnp Dab W-2M0 ,W 00 AM prepMN By Oau Heidi F. Ashton Asdatam Ceunry A:torneY i /OYJOOI F.3):06 PM County AnomeV County ARwnaY Dlfica Approved By AILP Transportation Divialon Adm 111111.1 Dau Neon E. Fehr, ansponion Semces Trmsponadon Sarvlua Admire 0110aW4 7:46 AM Approved By Kevin Nnndricka Rig. Of., ACgl4skion Manages Dau Tmsp -n .Ergineeringand YI1pRW46:31 AM Transpnnion 5ervlces Wrotrucllm App. By SM1aran Newman Acmwting Su Pa — Dnu TranspMien SeMCea Tranaportedon Ad l—V- 8110120" 10:33AM Approved By David L. W<igel County ABwney Dau Cwn!Y AUOmaY County AUwneY 016u Bi11120W 11:11 AM Approved By AtlmMishativa Ass6ran[ Dau Pat L.Mnard County ManaOaYS OBC• O16cedManagxnsrxSBudgn 91111200012:06 PM Appmwd By Susan Us6� Senlw ManegamanlRutlga[ Matyst Oau CeumyMmageYS OMCe OMUd Merugamntb BWgaf 0111OOB612:52 PM Approved By .0-1 Smyko+akl Managemam b 3W.. ar— D.I. Caunry tdanager's 0lfice Offi.. 8131=04 1:53 PM Approved By James V. Mudd County Marvger Daxe Hoard of County Loumy Manager's Ofiw 1I21200d 1:36 PM Agenda Item No. 16K3 September 14, 2004 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT Page 3 of 6 IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, vs. .TACK E. GREEN, et al., Respondents. Case No.: 03- 2227 -CA Parcel No.: 118 STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COI 1 R COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents, RICHARD L. HELFERICH, JAMES E. HELFERICH and WILLIAM G. HELFERICH, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 118, and it appearing to the Court that the parties are authorized to make such motion, the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full compensation due Respondents, RICHARD L. HELFERICH, JAMES E. HELFERICH and WILLIAM G. HELFERICH, and the Court being otherwise fully advised in the premises thereof, it is thereupon, ORDERED AND ADJUDGED that Respondents, RICHARD L. HELFERICH, JAMES E. HELFERICH and WILLIAM G. HELFERICH, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Eleven Thousand Dollars and No /100 ($11,000.00) for Parcel 118 as full payment for the property interests taken and for damages resulting to the remainder, if Agenda Item No. 16K3 September 14, 2004 less than the entire property was taken, business damages, and for all other damages in connection Page 4 of 6 with said parcel; it is further ORDERED that Respondents, RICHARD L. HELFERICH, JAMES E. HELFERICH and WILLIAM G. HELFERICH, receive from Petitioner, COLLIER COUNTY, FLORIDA, as a statutory attorney's fee the sum of Four Hundred Sixty -Two Dollars and No /100 ($462.00), pursuant to Section 73.092, F.S.; it is further ORDERED that the Court reserves jurisdiction to award expert witness fees and costs incurred in the defense of this case pursuant to Section 73.091, F.S.; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of Twenty-One Hundred Dollars and No/100 ($2100.00) to the FORMAN HANRATTY & MONTGOMERY TRUST ACCOUNT c/o Charles Forman, Esquire, 320 NW Third Avenue, Ocala, FL 34475 for the balance of full compensation due to Respondents, RICHARD L. HELFERICH, JAMES E. HELFERICH and WILLIAM G. HELFERICH, it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the total amount of Four Hundred Sixty-Two Dollars and No /100 ($462.00) to CHARLES FORMAN. ESQUIRE, Forman Hanratty & Montgomery, 320 NW Third Avenue, Ocala, FL 34475 for statutory attorney's fees; it is further ORDERED that title to Parcel 118, a Perpetual, Non - Exclusive Road Right of Way, Drainage & Utility Easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated September 19, 2003, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official Record Book 3304, Page 0267, of the Public Records of Collier County, Florida be dismissed as to Parcel 118; it is further Agenda Item No. 16K3 September 14, 2004 ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Courts shall disburse the Page 5 of 6 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 ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida this day of rat Conformed Conies: CIRCUIT COURT JUDGE Heidi F. Ashton, Esquire Charles Forman, Esquire E. Glenn Tucker, Esquire Kevin Hendricks, Acquisition tilgr/Transp. Bookkeeping JOINT MOTION FOR STIPULATED FINAL JUDGNIENT The parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 118_ Dated: CHARLES FORMAN, ESQUIRE Florida Bar No.: 229263 FORMAN HANRATTY & MONTGOMERY 320 NW Third Avenue Ocala. FL 34475 (352) 732 -3915 — Telephone (352) 351 -1690 - Facsimile ATTORNEY FOR RESPONDENTS Dated: t HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile ATTORNEY FOR PETITIONER PARCEL NO, 1119 Pt - `TUA(, NON- EJ�p.USIVE Exmrr I I � O �1 ROAD FOGHT -OF W,, DRAT kft P "P�_ oil { ll AND UTILITY EASBL-NT Agenda item No. 16K3 September 14, 2004 Page 6 of 6 EXHIBIT A 3� W EN GATE PARKWAY (CR 580) T - sins: r rm.1w. PE RPryU TL NON -EX rSIUSNE -� i?OAO RIGJIT -DF -WAY, DRAINAGE AND UTLT(Y EASEMENT PARCEL 5TQ �3vs .a k. El k' UK TAKL �NI .7 wvzYSa� ll.Bt i TRACT 26 - - TRACT 36 �^ [ + 7FiAC7. 33 GOLDEN GAT cVAT<5 29 K � PUl Pl('.z SJ BOOK i f f Agenda item No. 16K3 September 14, 2004 Page 6 of 6 Agenda Item No. 16K4 September 14, 2004 Page 1 of 4 Executive Summary Recommend that the Board of County Commissioners Approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement Relative to the Acquisition of Parcel 180 in the Lawsuit Styled Collier County v. Big Corkscrew Island Fire District, et al., Case No. 02- 2218-CA ( Immokalee Road Project No. 60018). OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement as full and final compensation to be paid for the acquisition of the fee simple interest of Parcel 180 for the Immokalee Road Project (CR 951 to Wilson) in the lawsuit styled Collier County v. Big Corkscrew Island Fire District, et al., Case No. 02- 2218 -CA. CONSIDERATIONS: On September 5, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of fee simple interests for the Immokalee Road Project No. 60018 (CR 951 to Wilson). On September 19, 2002, Collier County deposited with the Registry of the Court the sum of $5100.00 for Parcel 180 in accordance with the Order of Taking. A Mediation Conference was held on August 6, 2004 in which the parties reached a settlement agreement whereby the property owners, Andy R. Morgan and Beverly E. Morgan, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002 -125). The terms of the Mediated Settlement Agreement (attached as Exhibit "A ") will be incorporated in the Stipulated Final Judgment to be presented to the Court for entry. The Mediated Settlement Agreement provides for $9000.00 to be paid to Respondents in full settlement of all claims for compensation including statutory interest, but excluding experts' fees and costs. Petitioner shall also pay the additional sum of $1056.00 as statutory attorney fees pursuant to Section 73.092, F.S. The Mediated Settlement Agreement requires Collier County to pay an additional amount of $4956.00 equaling the balance of full compensation and attorney fees. FISCAL IMPACT: Funds in the amount of $4956.00 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the expenditure of funds as stated; approve the Mediated Settlement Agreement; and approve the Stipulated Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry. Agenda Item NO. 16K4 September 14. 2004 Page 2 d4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Bem Number 16K4 Beer Summary Remrmxnd tbat Ne Board or County Co—, Approve pre Ma Med SeMamenl Agm , aM a S6Wlatad Foal Ar gmwt to be DnMd IrrompOrepnp pre Same Terms arld Co, as the Medlalad SNpement Agmemenl R"— lo the AW,mlion of Parcel 180 in ere La—d Slyled Gooier Covmy v. Big Corksaew II F Disalcl, N A. Case No W - 2218LA (pnnrOMabe Road Projxl #60018). Meeting Dew 9/14,20019'. WOD AM prepared By Heid F. AaMOn Dan Assistant COUmY Attom<Y Ma2004 1:0 S:SS PM Caumy Altwrrey Approved By Co.— Add—ice Norm E. Fa Oar. MCP services Transpp vdn Division Administrator Data --p—a. serngs Ad".. .111"001 T:20 AN nrymion Approved By Accdu d,SU m— Date SM1arm Neuman Transponien Sarvigs Tl— p—.0d Admini .11820.411:. AM Approved By Lrsa Taylor Mana9em¢nNtudgtt Anal" Dal• T,— panions•rvius Tramp —doll Admirriatr .11]".040:02 AM Approved By Trarrsportatbn Greg9 R. --l- --p—don Enginaann9 an0 el1]"0041:10 PM TransVOrion Servius Conatrvnlon Approved By Kavm Han 1s.1,1 OI Way Aceubition Manager Dale Transportation Engin —r an0 11,11-04 2:S. PN T!]nsPar en sarvigs Construction Approved By David C. Waigal —, A—— °•t• Cw Al—y Approved By ey ONica ."11200411:]9 AN AOrmnrsna.ive AZ113.ant Data Pat Labnbarp County Mana9•r s Ol6u Obice of Mana9amem A R d9.t er -ded I-. PM Approved By s¢niar lAanagemzm;BUOger Analyst Date Suzan Uzaer uy Manager's DNica eol M.anagamem SBUtlget . "t "0042:11 PN Approved By ...—I smykowvN .Aanagemenf i8otlget Oi.eclor Date .anagais Approved By James V...do - onm�sz�waxrs ONCe OMC¢at tdana9¢mem SBUdgv: All ?00411:)6OM C. ana9x ❑re Cpumy Managers Od— 9'120042: 14 PM r Agenda Item No. 16 September 14, 2004 Page 3 of 4 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT LET AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, CASE NO.: 02- 2218 -CA Petitioner, VIM PARCEL NO.: 180 BIG CORKSCREW ISLAND FIRE DISTRICT, et al., Defendants. MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on August 6, 2004, the parties reached the following Settlement Agreement: Petitioner will pay to Defendant(s), lTi1G�y IQ . /%ip/'gpyt Q the sum of %-7,00 00 - TZA�Q_ in full settlement of all claims for compensation from Petitioner whatsoever, including statutory interest, but excluding attorney's fees, expert's fees, and costs. 2. Petitioner is entitled to a credit in the amount of $ /00. O °/o 0 which was previously deposited in the Registry of the Court in this case by Petitioner. 3. Counsel for Petitioner and Defendants) will jointly submit to the Court for signature a mutually approved form of Stipulated Final Judgment of this matter as soon as practical hereafter. 4. Petitioner will pay Defendant(s) the balance due of $ 34 90Ip . 0 %0 within 3Q_ days of the entry of the Stipulated Final Judgment by the Court. EXHIBIT l;i Agenda Item No. 16K4 September 14, 2004 Page 4 of 4 5. This Agreement is subject to approval by the Board of County Commissioners of Collier County. 6. The Court will retain jurisdiction herein as to the matter of Defendants attorney's fees, expert's fees, and costs. 7- Attached hereto is an Addendum to this Agreement. Yes No 8. This Agreement and the attached addends any, contain(s) all of the agreements of the parties. IJ 4-C I -Petitioner " `' ,f p f-a r err Attorney for Petitioner FfE ib t F. ►- t771nJ e,�" , diator 2 Defendant Defendant Attorney for Defendant(s) Agenda Item No. 16K5 September 14, 2004 Page 1 of 4 Executive Summary Recommend that the Board of County Commissioners Authorize the Making of an Offer of Judgment to Respondents, John J. Yaklich and Carol A. Yaklich, for Parcels 122, 822 and 922 in the Amount of $36,595.20 in the Lawsuit Styled Collier County v. John J. Yaklich, et al., Case No. 03- 2259 -CA (Golden Gate Parkway, Project #60027). OBJECTIVE: Recommend that the Board of County Commissioners authorize the making of an Offer of Judgment pursuant to Section 73.032 F.S., to Respondents, John J. Yaklich and Carol A. Yaklich, in the amount of $36,595.20 as full compensation, excepting attorney fees and costs, for the condemnation of Parcels 122, 822 and 922 in Collier County v. John J. Yaklich, et al., Case No. 03- 2259 -CA. CONSIDERATIONS: On September 12, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the easement acquisition of Parcels 122, 822 and 922 for the Golden Gate Parkway project (Project No. 60027). On September 26, 2003, Collier County deposited with the Registry of the Court the sum of $28,600.00 for Parcels 122, 822 and 922 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owners of these parcels, John J. Yaklich and Carol A. Yaklich, the sum of $36,595.20 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, and costs to cure, but does not include attorney fees or other such costs. This figure takes into account the basis for the appraised value and the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the property owners to carefully assess their claim for compensation. Respondents have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to pay an additional $7995.20 to Respondents. If Respondents reject the offer and fail to recover more than $36,595.20 for Parcels 122, 822 and 922, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents 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 $7995.20 are available from the Transportation Road Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the terms of the Offer of Judgment and authorize its service on Respondents; approve the expenditure of funds as stated; authorize $7995.20 to be paid to Respondents in the event the Offer of Judgment is accepted by Respondents; and approve the Stipulated Final Judgment based on the acceptance of the Offer of Judgment including statutory attorney's fees. .,.^. Agenda Item No. 16KS September 16. 2005 Paae 2 d d COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Nem Number 16K5 Nerel Summary Recommend 1ha1 be So,e of Co y Comm— A.bonee Ibe Making oI an OOer of Judgment to Reapondenfs. Jahn J YaMnh and Caml A Y.mi . fa Parnls 122, a22 and 922 in the Amount or S36,595. XI n ar Lasvhdt Styled CM_ County Y. John J. YaMion et al.. Case No 00- 2259 -CA (Odder Gab Parkway Prged ea0027) . Me n, Deb 911420tH 9:00.00 AM Frepe d By F. Aslren Oite As sislant County Atvromey alt L20041t:45:x9 AM Rem! County A:tomey county An.—Of6 <e Approved By Sharon Newman Tian p "'on Services --nn- Date n AtlmiNS•r an ?'x00111:5] AM Approved By U. Taytar Taanzprelion Services Manayeme —dyer Analyzt Date TrampMOlion AdmiNSVn SI1x.20e49:01 AM Approved By Ore9y 0.. Slrakaluse TmnzptMOdun Enykreehnyleons n,."- Nymt Da;e Transporion 6arvices Director TransPOrtalion Enpineedrg and 911)!x001 1:13PM Approved By Norm E. Feder, Mop Trarelsonauen Division Admrmstmtor Date Transporion services an WOrtatlen ArncesA &20/x00.1 1:x6 AM Approved By Riylrt Of ACOuisitinn Manayer Date Ravin Nentlncks Trans .en servi�ea y Tmnzponalien Eigineeriny rid eonmmralnp eavx9o4 eae AM Approved By Davitl C. lYeiyel eoumy A::emeY Oa:e Ccunry Anorney Coutrry Anomey OfRCe 11.2004 t1:4t AM App- -d BY Pat telmnard arty M. ana— Admmrsua.ne Azzis.am Die onica Office.- 1Managemem EBUd9e< 8:111- 41 ?:091M Approved By Senior ManagemenVBudyn Analyst Data Suzan Usbr anager's OMCe ONfice a1:4anagemenr b 8udyat 3Ni20041. -.2 PM Approved By Mi.nael mykpwzkr .1a rayon erg S 9u0yet Dkerpr Oa:e Off— at ltan..ement 18udgel 913:2001 3.24 ApProvcd By .amex r. IAU..0 3oard o' �eun :y Cnu y an V Dave you _ anayer'a Dfkce O:1:100a 1131 A. Agenda Item No. 16K5 September 14, 2004 Page 3 of 4 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CTRMT IN AND FOR COI_,IJER COLINTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA. a political subdivision of the State of Florida; Case No.: 0-1- 2259 -CA Petitioner, Parcel Nos.: 122,822 & 922 vs. JOIEN J. YAKLICH, ct al., Respondents. OFFER OF .IUDG-WENT TO: Charles R. Forman, Esquire FORMAN. HANRAT Y & MONTGOMERY 320 Nom% 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 snake this binding Offer of Judgment in this action to Respondents, JOHN J. YAKLICH and CAROL A. YAKLICII, for all compensation, including severance damages, business damages, statutory interest, costs to cure. together with the value of the taping, and any other claims of Respondents, JOHN J. YAKLICH and CAROL A. YAKLICH, arisint out of the taking of Parcels 122, 822 and 922, in the total amount of Thirty -Six Thousand Five Hundred Ninety -Five Dollars and 20/100 Dollars (536,595.20 ), which includes the amount of $28,500.00 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 attorney s fees and costs. EXHIBIT Agenda Item No. 16K5 September 14, 2004 Page 4 of 4 The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for Respondents' review upon reasonable notice of such a request. Dated this _ day of September, 2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone. (239) 774 -0225 - Facsimile LAY: 0 HEIDI F. ASHTON, ESQUIRE Florida Bar Ito. 0966770 ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Charles R. Forman, Esquire, FORMAN, HA- N-RATTY & 14iONTGOT%4ERY, 320 NW Third Avenue, P. O. Box 159, Ocala, FL 34478 on this _ day of September 2004 0a n;rular United Statos Mail. HEIDI R ASHTON, ESQUIRE Agenda Item No. 16K6 September 14, 2004 Page 1 of 4 Executive Summary Recommend that the Board of County Commissioners Authorize the Making of an Offer of Judgment to Respondents, Terry L. Lichliter and Deborah Lichliter, for Parcels 128 and 728 in the Amount of $23,000.00 in the Lawsuit Styled Collier County v. Terry L. Lichliter, et al., Case No. 03- 2273 -CA (Golden Gate Parkway Project #60027). OBJECTIVE: Recommend that the Board of County Commissioners authorize the making of an Offer of Judgment pursuant to Section 73.032 F.S., to Respondents, Terry L. Lichliter and Deborah Lichliter, in the amount of $23,000.00 as full compensation, excepting attorney fees and costs, for the condemnation of Parcels 128 and 728 in Collier County v. Terry L. Lichliter, et al., Case No. 03- 2273 -CA. CONSIDERATIONS: On September 19, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the easement acquisition of Parcels 128 and 728 for the Golden Gate Parkway project (Project No. 60027). On October 2, 2003, Collier County deposited with the Registry of the Court the sum of $14,300.00 for Parcels 128 and 728 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owners of these Parcels, Terry L. Lichliter and Deborah Lichliter, the sum of $23,000.00 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, and costs to cure, but does not include attorney fees or other such costs. This figure takes into account the basis for the appraised value and the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the property owners to carefully assess their claims for compensation. Respondents have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to pay an additional $8700.00 to Respondents. If Respondents reject the offer and fail to recover more than $23,000.00 for Parcels 128 and 728, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents 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 $8700.00 are available from the Transportation Road Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: approve the terms of the Offer of Judgment and authorize its service on Respondents; approve the expenditure of funds as stated; authorize $8700.00 to be paid to Respondents in the event the Offer of Judgment is accepted by Respondents; and approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment including statutory attorney's fees. Agenda Item No, 16K6 September 14, 20D4 Paae 2 CO 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS tbm Number M— Summary t6K6 Recanmer d t1Ml Ilia Board or C y COmmissio Aultwrize he Makrg o/ m O0er of dutlp b RsapOr nls. Ten, L Lkc w and D,Wo LiMkt . la Parcels 128 and 728 in 9 A—o l 01523.000.00 in 0ie IJwsuit Styled Cdker Count, v Tarty L. Ui ter. el W W. 03- 2273LA (Golden GMe P—ay Pmle S W221. —Ue Date 9114I200d 9.OD.00 AM prepared By Oate -.19 Heldi F. Asmon Assislmt County A3emeY 9RI1Oga 2'.11 PM County AnonreY CPUmY AttomeY dfica Approved BY Kwin NarNdcks Righs 0l Way AC9ursiym Manager D.na Trans on Services Tramvenatbn Englneenrg and BDIx00d 5: ?t PM Approved By Are99 R. Sfmkaluse Transponavon En0in°adyitmstrvctbn Idgmt Dare pfuaer TmnaPwtlon sarvitta Trenspwtation Engimadng and 915 %x00A 5:" VYA GenaWClion Approved By >M1aron Newman Tranapomon Services accoumin95uperviaa Oal• Tramprnatbn Atlmirdstran Hrbix00d IO:xx AM Approved By lase TaylAr MmagamentlBudget AStaiyzt Dee iransPMbn Sm'ips Tramponalion Ad—m Br6.'x00a 10:11 AM Approved By Ncrm E. Fede, . AICP Tranzportaxim 0l-ien Adminisnmor Date TranapMion services Trsnaponatlon Services A—n. gaf axow 1:21 AM Approved BY —d C. Weigel County --y Date Couny AnomeY County Attorney OMU 8r11,x00J .111 AM Approved By Adrwmst mdw Azzistam Date 3: Lellnhmd CavMyMmageYS Office Otfiu of Managemern SBUtl0 °t 1:x00a i1:51 AM Approved By swim UZher my ManageYS Seniu.Man +gemenil8ud9et AnilYSt Dace ORic• Olfitt ofMmagamem3BUdget ?:15 PM App--d BY M.cnae15mykowzti Mmagemmta Budges p:unor Data anagaYS Office OMCe olMmagemeM3 —O.: 10. - Approwd BY V. Mudd CwrmY Mma9er Date dames ,.oar o owrc/ ..onnry Manager's Office 4n..e0a t?O6 AM Agenda Item No. if K6 September 14, 2 O4 Page 3 Pf 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.: 03- 2273 -CA Petitioner, Parcel Nos.: 128 & 728 vs. TERRY L. LICHLITER, et al., Respondents. OFFER OF JUDGMENT TO: Charles R. Forman, Esquire FORMAN, HANRATTY & MONTGOMERY 320 NW Third Avenue P. O. Box 159 Ocala, FL 34478 PET17HONER, 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 Twenty-Three Thousand Dollars and No /100 ($23,000.00), 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. 11 K6 September 14, 2 04 The construction plans and specifications for the project on which the offer is based have Page 4 A 4 been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this day of August, 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: 4 HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Charles R. Forman, Esquire, FORMAN HANRATTY & MONTGOMERY, 320 NW Third Avenue, P. O. Box 159. Ocala, FL 34478 on this _ day of August, 2004 via regular United States Mail. 4 HEIDI F. ASHTON, ESQUIRE Agenda Item No. 16K7 September 14, 2004 Page 1 of 4 Executive Summary Recommend that the Board of County Commissioners Authorize the Making of an Offer of Judgment to Respondents, William E. Bell and Linda M. Bell, for Parcels 117 and 717 in the Amount of $30,000.00 in the Lawsuit Styled Collier County v. Jack E. Green, et al., Case No. 03- 2227 -CA (Golden Gate Parkway Project #60027). OBJECTIVE: Recommend that the Board of County Commissioners authorize the making of an Offer of Judgment pursuant to Section 73.032 F.S., to Respondents, William E. Bell and Linda M. Bell, in the amount of $30,000.00 as full compensation, excepting attorney fees and costs, for the condemnation of Parcels 117 and 717 in Collier County v. Jack E Green, et al., Case No. 03- 2227 -CA. CONSIDERATIONS: On September 19, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the easement acquisition of Parcels 117 and 717 for the Golden Gate Parkway project (Project No. 60027). On October 2, 2003, Collier County deposited with the Registry of the Court the sum of $23,500.00 for Parcels 117 and 717 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owners of these Parcels, William E. Bell and Linda M. Bell, the sum of $30,000.00 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, and costs to cure, but does not include attorney fees or other such costs. This figure takes into account the basis for the appraised value and the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the property owners to carefully assess their claims for compensation. Respondents have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to pay an additional $6500.00 to Respondents. If Respondents reject the offer and fail to recover more than $30,000.00 for Parcels 117 and 717 either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents 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 $6500.00 are available from the Transportation Road Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: approve the terms of the Offer of Judgment and authorize its service on Respondents; approve the expenditure of funds as stated; authorize $6500.00 to be paid to Respondents in the event the Offer of Judgment is accepted by Respondents; and approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment including statutory attorney's fees. r- Agenda Item No. 16K7 Se plember 14. 2004 Pace 2 of d COLLIER COUDiTY BOARD OF COUNTY COMMISSIONERS Ihm Number Item Bunmery 16K7 Recanenand But Ore Bond gf Cowrly Comnisaonars Audgrize Ore Mahing a an ORar of JrWgmenl to Reapor WB. Y"am E. BM and lrda M. Bel. for Parcok 117 and 717 in pu AnrOrnl01500.000.00 n 01e L., Styled GOlier CormN Y. Jxx E- Gmen, at al.. Case No. 03- 2227LA (Gdden Gala partway Pmlect X6002') M.ti q a— 9!14r200e 9:00:00 AM ereparea By Neu6 E Asmon Coumy Artorney Data Assrsml C.My An—Y 8RI1004 2:U:Ia PM Coumy Altomey OMCs Approved By 4:v'ur Nendncks L,,m Oi lNaY 4ceuisitlon Manager pate Trans omen Strrices Tmnsppr:alion Enyineerity and 8/3/2004 5:22 PM Approved By Gregg R. Srrakoluse En9r ^wnrrgrGmstrltctren Mgmt pate Director TranWOnlon 6ernces rams ortatbn Enryneenn9 and 81512004 Sail PM Constmmlon Approved By Sharon Nevrman Transperion 6arvicei Ar......ng Supervisor Dxe on Adminisva 6.'6/2000 19:28 Plb Approved By Lrsa Taylor en Services Management'BUdgM Analyst pay TranaVOnation Administra 9.611004 ! 0:32 AM Approved By Norm E. Feder. AICP TmnsPOrcadon Division Atlminisuacor Data - en Services Tnnsprutation 6eMces A 91t w2000 I:24 AM Approved By C.0 Alt.—Y pate ]avid C. SNeiyel Coumy Aeom<Y Courrry Attorney 01ece 87!1!2004 11:49 AM Approved By <aounl1 Managers OMce OHica of Mana9eme nb Budget BDti2004!1:51 AM Approved By wean 'Jrher C..., Manager's Senor Manag<me URWOet Ana— Dace 0M <e Office of Manayemen;3BUdget - 1131 P. Approved By Michael an3 'oun•y Manaller's vski M Y en:8 Bud9a: Llrec.or pate OMCe OMCao 'f'I aanagemem 36udUet 4131'200.1 '.: P!d Approved By James J..OUdd ooard of COUnrY Commissiwrers C.wn:Y'6ana9x Dare ..ourrrY lAanay <r's OMCe 9/1:2004 :0:08 AM. Agenda Item No. 16K7 September 14, 2004 Page 3 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.: 03- 2227 -CA Petitioner, Parcel Nos.: 117/717 vs. JACK E. GREEN, et al., Respondents. OFFER OF JUDGMENT TO: Charles R. Forman Esquire 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 Respondents. WILLIAM E. BELL and LINDA M. BELL, 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, WILLIAM E. BELL and LINDA M. BELL, arising out of the taking of Parcels 117 and 717, in the total amount of Thirty Thousand and No /100 Dollars ($30,000.00), which includes the amount of $23,500.00 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. 16K7 September 14, 2004 The construction plans and specifications for the project on which the offer is based have Page 4 of 4 been previously and continue to be made available for the Respondents' review upon reasonable notice of such a request. Dated this _ day of August, 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: 0 HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIHCATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Charles :R. Forman Esquire, FORMAN HANRATTY & MONTGOMERY, 320 NW Third Avenue, P O Box 159 Ocala, FL 34478 this _ day of August, 2004 via regular United States Mail_ MIDI F. ASHTON, ESQUIRE 79� Agenda Item No. 16K8 September 14, 2004 Page 1 of 4 Executive Summary Recommend that the Board of County Commissioners Authorize the Making of an Offer of Judgment to Respondent, Rose Somogyi, for Parcels 123 and 823 in the Amount of $23,000.00 in the Lawsuit Styled Collier County v. John J. Yaklich, et al., Case No. 03- 2259 -CA (Golden Gate Parkway Project #60027). OBJECTIVE: Recommend that the Board of County Commissioners authorize the making of an Offer of Judgment pursuant to Section 73.032 F.S., to Respondent, Rose Somogyi, in the amount of $23,000.00 as full compensation, excepting attorney fees and costs, for the condemnation of Parcels 123 and 823 in Collier County v. John J. Yaklich, et al., Case No. 03- 2259 -CA. CONSIDERATIONS: On September 12, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the easement acquisition of Parcels 123 and 823 for the Golden Gate Parkway project (Project No. 60027). On September 26, 2003, Collier County deposited with the Registry of the Court the sum of $13,200.00 for Parcels 123 and 823 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owner of these parcels, Rose Somogyi, the sum of $23,000.00 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, and costs to cure, but does not include attorney fees or other such costs. This figure takes into account the basis for the appraised value and the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the property owner to carefully assess her claim for compensation. Respondent has thirty days from the date of mailing the offer to accept. If Respondent accepts, the County will be required to pay an additional $9800.00 to Respondent. If Respondent rejects the offer and fails to recover more than $23,000.00 for Parcels 123 and 823, 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 $9800.00 are available from the Transportation Road Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the terms of the Offer of Judgment and authorize its service on Respondent; approve the expenditure of funds as stated; authorize $9800.00 to be paid to Respondent in the event the Offer of Judgment is accepted by Respondent; and approve the Stipulated Final Judgment based on the acceptance of the Offer of Judgment including statutory attorney's fees. r Agenda Item N. 16KB September 14. 2004 Page 2 ct 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item S—.., 16K8 RecOnunend Mal Me Board W C-- C--W— Autll . Me Making .1 an Oeer M Jydg r ee b Respondent Rose Son, g, 1, PM,eh 123 and 823 at Me A,—t of S2].000 oo in— taws-, SYed Cdlrer COUary v ! 1. Vaklid+. al al.. case N0. 03- 2289 -OA (Gtlden Gale Parkway F"-d tl M') Me,& reg Bete 1114MN 91. W AM prrp -" By Heitli F. ASlnw+ neY Due Assiztanl County >:tonrey 0.W 200. 10.]2.10 AM neY Orfice Approved By 99 R. 5.aakalus• TunaPOnion Serviuz EnyineanngiGOns:ruction Mgmr Dare Director TransPenaJOn Enyineerrny ana el5R0p. S:a. PM Approved By �Aa Tallor Tranzpertion Servius uana9emer +uemy¢: A, +ar :: Dm. TranaponaJOn AJmir9zt.a 9Mi200a 10'.36 AM Approved By SM1aron xewman en 5¢rviuy Accepmin96trpervisar Dxe TransPwla:ian AtlmirJS:ra] er61300. 10:51 AM Appreeed By Nrxm E. Feder. AICP on Services T —ePw:a — Division AJministra:w Date Transportati w +ServicesA B1f01200i::36 AM Approved By <evrn Hendnas g OI WaY Auuisaiw+:aanw3er Dse TransPenion Servius TronaP —lion Englneerirq ana 6:1N200. 8:08 AM CPnsrruc: ion Approved By —A C. Weigel meY _ounry A:tomeY Date County Anornzy OHice /31:200. I1:324M Approved By Pa. _zM1�6arJ Aaminrsua.ive 4ssis.an. Dale OXice OMU of Mana9emem 49uayz: 9I31R00. f 1:56 AM Approved By Susan UsXer Cwn:Y r.�anayer's Servw Mana9enren.6unge: 4 a y Da.e OMCe _ _:il P Approved By ia'reHael —Y.—Ill .Lana9 —, 4 Buaye: Director Date DXic¢ Approved By 3amer v. dd C. ."Y a 3 Dare Agenda Item No. 16K8 September 14, 2004 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT Page 3 of 4 IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner. vs. JOHN J. YAKLICH, et al., Respondents. TO: Peter Flood, Esquire 125 ]North Airport Road Naples, FL 34103 -2308 Case No.: 03- 2259 -CA Parcel Nos_: 123 & 823 OFFER OF JUDGMENT 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, ROSE SOMOGYI, 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, ROSE SOMOGY1. arising out of the taking of Parcels 123 and 823, in the total amount of Twenty- Three Thousand and No /100 Dollars ($23,000.00), which includes the amount of $13,200.00 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. 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 September, 2004. Agenda Item No. 16K8 September 14, 2004 Page 4 of 4 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile BY: HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 ATTORNEY FOR PETTTIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Peter Flood, Esquire, 125 North Airport Road, Naples, FL 34103 -2308 on this _ day of September 2004 via regular United States Mail. 19] . ----/ �1-0 HEIDI F. ASHTON, ESQUIRE Agenda Item No. 16K9 September 14, 2004 Page 1 of 4 Executive Summary Recommend that the Board of County Commissioners Authorize the Making of an Offer of Judgment to Respondents, Elhanon Combs and Sandra S. Combs, for Parcels 720, 820A, 820B and 920 in the Amount of $80,000.00 in the Lawsuit Styled Collier County v. Elhanon Combs, et al., Case No. 03- 2352 -CA (Golden Gate Parkway Project #60027). OBJECTIVE: Recommend that the Board of County Commissioners authorize the making of an Offer of Judgment pursuant to Section 73.032 F.S., to Respondents, Elhanon Combs and Sandra S. Combs, in the amount of $80,000.00 as full compensation, excepting attorney fees and costs, for the condemnation of Parcels 720, 820A, 820B and 920 in Collier County v. Elhanon Combs, et al., Case No. 03- 2352 -CA. CONSIDERATIONS: On September 19, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the easement acquisition of Parcels 720, 820A, 820B and 920 for the Golden Gate Parkway project (Project No. 60027). On October 2, 2003, Collier County deposited with the Registry of the Court the sum of $67,300.00 for Parcels 720, 820A, 820B and 920 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owners of these parcels, Elhanon Combs and Sandra S. Combs, the sum of $80,000.00 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, and costs to cure, but does not include attorney fees or other such costs. This figure takes into account the basis for the appraised value and the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the property owners to carefully assess their claims for compensation. Respondents have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to pay an additional $12,700.00 to Respondents. If Respondents reject the offer and fail to recover more than $80,000.00 for Parcels 720, 820A, 820B and 920, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents 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 $12,700.00 are available from the Transportation Road Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the terns of the Offer of Judgment and authorize its service on Respondents; approve the expenditure of funds as stated; authorize $12,700.00 to be paid to Respondents in the event the Offer of Judgment is accepted by Respondents; and approve the Stipulated Final Judgment based on the acceptance of the Offer of Judgment including statutory attorney's fees. Ag-da Item No 16K9 September 14. 2004 Pape 2 of 4 COLLIER COUNTY BOARD OF COUNTY CO. MISSION ERS Ibm N—b- 16K9 hem Sranmary Recorram od that gre Bold vl Coanty Commissioners Ald—' Te Ma" of an Oeer of k,dgment m Respondents. Elhamo Combs and Santa S. Combs. for Parcels 720. sma, 8208 and 920 i n dre A "" of S80 000 00,101 La-11 Styled CM1ier County v. Elhanon C,rM N al.. Case No 09 -2352L (Gnldeo Gate Parkway Pmjed r 00271. Mwtind Dab W14MN 9 -.0000 AM prepared By Heidi F.-11— Dale A.1- -1 Ceunly Anemey 8.VI20p1 I I... SS Al.1 Caurrty APOmeY Approved By Courr.Y Ann— ON- Greg9R Ankaluse .von Eny'me owConsrructian Mg., Dale pirecf or Tanspnnion Services Tmnsper!ation Enyinwnny and 9rTr299d T -.3T PM CPnstrvction Approved By Daa Taylor TMnzportion Services Manegemmt'Budgat Analyst Dale ".- Ponation Administrrt Si612g9d 1a :Jl AM Approved By .a,- Newman accounting Supervisor Data Transporion Services Approved By Transponahon AJminislrat 9h Read 10:51 AM Ndrm E. Feder. Cl M Tmnsprx:aden Division Admini-- Dare Transponion Services Tmnzportatien Services Admin. 911 gr2agi 7:1. AM Approved By Right Ol.., AC9V 41.nManager Dave Kevin Hendricks Poo— services Tramponation Engi ... nng and ,111 - — 9:09 AM Comtrvction 9 Approved By Oavitl C.'Mi9el County AnarneY Date —Y --y lolil.. I I:56 AM <oun1Y A'IOmeY Approved By Pal Lehnbard Atlnunis.rarirve A29ri. arc. Orte Countyidanager's Approved By Otfce OHin of Management36utlget ea 8:J1 AN Susan'JSho Senror M.ana9emanv'BuEge: AnalYat Date Odice Olgce of tdamayamem SBud9e1 11.29ei l.21 PM Cmrmy Manager's Approved By MrcNael Smykowzki idanagemen!SBUdgel Director Dare nayer'z Approved By lamas V.:dPdd Board ofCOwr•y Canmisxionerz 01ficv Otlice of MJna9emen; S 6utl9et 11 - _o my laanayer Da;e o a 's Office 3._12001 !.:16 PN: IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, vs. ELHANON COMBS, et al., Respondents. TO: Peter Flood, Esquire 125 North Airport Road Naples, FL 34104 -2308 Case No.: 03- 2352 -CA Parcel Nos.: 720, 820A, 820B & 920 OFFER OF JUDGMENT Agenda Item No. 16K9 September 14, 2004 Page 3 of 4 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, ELHANON COMBS and SANDRA S. COMBS, 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 ELHANON COMBS and SANDRA S. COMBS, arising out of the taking of Parcels 720, 820A, 820B and 920, in the total amount of Eighty Thousand and No /100 Dollars ($80,000.00), which includes the amount of $67,300.00 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. 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 September, 2004. Agenda Item No. 16K9 September 14, 2004 Page 4 of 4 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile BY: 01�k( HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Peter Flood, Esquire, 125 North Airport Road, Naples, FL 34104 -2308 on this — day of September, 2004 via regular United States Mail. HEIDI F. ASHTON, ESQUIRE Agenda Item No. 16K10 September 14, 2004 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to authorize the making of an Offer of Judgment to Respondent, Francisco Lemus, for Parcel No. 1 in the amount of $169,950.00 in the lawsuit styled Collier County v. Francisco Lemus, et al., Case No. 03- 2788-CA (13t' Street SW — Project No. 69068). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, Francisco Lemus ( "Respondent "), in the amount of $169,950.00, as full compensation, excepting attorney's fees and costs, for the fee simple acquisition arising out of the condemnation of Parcel No. 1 in Collier County v. Francisco Lemus, et al., Case No. 03- 2788 -CA, 13`h Street SW Project No. 69068. CONSIDERATIONS: On September 19, 2003, a Stipulated Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 1 for the 13`h Street SW Project (Project No. 69068). On September 30, 2003, Collier County deposited with the Registry of the Court the sum of $154,500.00 for Parcel 1 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 $169,950.00 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 his 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 $15,450.00.00 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 $169,950.00 for Parcel 1, 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. Although the offer does not include attorney's fees, if Respondent accepts, the attorney's fee based on benefit achieved pursuant to § 73.092, Fla. Stat., is $8,497.50. 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 $23,947.50 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; Agenda Item No. 16K10 September 14, 2004 Page 2 of 6 3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. 2 Agenda Item No. 16K 10 S<Ptember 14. 2004 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS B.m Mp , 1SK10 Kem Summery Recann, -d on to sub_. me mat ng of an Off- o13udgmenl b Respondent. Fm— Lanus. aw Pace1 No. 1 in lire ane0enl d 5169,960.00 in Cdliar Canty v Frandsen !emus. It M.. Casa No 03218 &CA. 13th S4,.1 SW "— No 69068 M-firg Dn 9 114120069 -.W:W AM "—d By One Sedrey C. Clapper L.ga1 AS>is„nt 0.i120w 4.02.34 Pre o ly Anom.y County 4ttom.y OfOC. Approved By Gregg R. Strakaluse Tram PCnatiOn En9ineenngiCOnxemgion Ngm: Din— One Transyorzion Services Tran,o -non E.Onwring and 915.2003 S:dS PM Approved By Llsa Taybr on S.rvicea Manaq,mmVBUtlgq Analyse Date Trenvonaeion AOmir,is,r O.5i200a 1030 AM Approved By moon N.wman Tranxponion Services A. gaming Suparvisw Dn. Transportation Atlmi— 83.200610:55 AM Approved By Norm E. Fehr. AICP on S-- Tranaponnipn —ision Adminivr— Da,a Transportation S.rvices Admin_ BIt O20w 4:30 AM Approeed By Sevin Hendricks T —P—n Services 4pgbt Oe Way AC9uizi; ion iAana9er one Trmupona; ion Endneeriny and Con.wgion --llow 8:11 AM Approved By David C. W,igel Caun, An—, D- —W An.,n C—rny An—, Office 3112004 3:01 PM Approved By Pa, L.nmlam Admmu,ram. Aaaran�n Data _ ny Manager's Office Orrice ofMn+agam.ntB Budget 3i1:2pp63:01 PM Approved By Susan uane• 6anio. Manaq.menVBUdget Ar>aeyze Data County Managw•z ....... 9012004 eneSBudge, 21200311:53 AM Approved By nt�chael Smykozvski a•ay.r's OMCe Manayemeneldudge�.,�rec.or Date Office of taanayemem 1 B 3 11:09 PM Approved By +amen J. Nudd Co neY!danager Da,e Agenda Item No. 16K10 September 14, 2004 Page 4of6 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, IN FRANCISCO LEMUS, et al., Respondents. Case No.: 03- 2788 -CA Parcel No.: I OFFER OF JUDGMENT TO: Francisco Lemus c/o Charles R. Forman, Esq. FORMAN, HANRATTY & MONTGOMERY 320 NW Third Avenue Ocala, FL 34478 Petitioner, 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, IRANCISCO LEMUS ('`Respondent"), 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 arising out of the taking of Parcel 1, in the total amount of One Hundred Sixty -nine Thousand Nine Hundred Fifty and No/100 Dollars ($169,950.00), for Parcel 1, which includes the amount of $154,500.00 which was deposited pursuant to the Stipulated 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 include interest from the date of the Order of Taking but does not include attorneys fees and costs. 1 Agenda Item No. 16K10 September 14, 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 available for the Respondent's review upon reasonable notice of such a request. Dated this day of 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: HEIDI F. ASHTON, ESQUIR Florida Bar No. 0966770 ATTORNEY FOR PETITIONER Agenda Item No. 16K10 September 14, 2004 Page 6of6 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, V. FRANCISCO LEMUS, et al., Respondents. Case No.: 03- 2788 -CA Parcel No.: 1 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, FRANCISCO LEMUS, as to Parcel I 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 Charles R. Forman, Esq., FORMAN, HANRATTY & MONTGOMERY, 320 NW Third Avenue, Ocala, FL 34478 and E. Glenn Tucker, Esq_, RHODES, TUCKER & GARRETSON, P.O. Box 887, Marco Island, FL 34146, and via hand delivery to Thomas C. Palmer, Esq., Office of the Collier County Attorney, 3301 East Tamiami Trail, Naples, FL 34112 on this day of , 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: HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 ATTORNEY FOR PETITIONER Agenda Item No. 16K11 September 14, 2004 Page 1 of 6 EXECUTIVE SUMMARY Authorize the making of an Offer of Judgment to Respondents, Charles R., Helen J. and Betty J. Wilson, for Parcel No. 142 in the amount of $25,185.00 in the lawsuit styled Collier County v. Charles R. Wilson, et al., Case No. 02- 5164-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 Respondents, Charles R. Wilson, Helen J. Wilson and Betty J. Wilson ('Respondents "), in the amount of $25,185.00, as full compensation, excepting attorney's fees and costs, for the fee simple acquisition arising out of the condemnation of Parcel No. 142 in Collier County v. Charles R. Wilson, et al., Case No. 02- 5164 -CA, Immokalee Road Project 60018. CONSIDERATIONS: On May 13, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 142 for the Immokalee Road Project (Project No. 60018). On May 20, 2003, Collier County deposited with the Registry of the Court the sum of $21,900.00 for Parcel 142 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $25,185.00 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 Respondents to carefully assess their claims for compensation. Respondents will have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to deposit $3,285.00.00 into the registry of the Court, which will be paid to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $25,185.00 for Parcel 142, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. Although the offer does not include attorney's fees, if Respondent accepts, the attorney's fee based on benefit achieved pursuant to s. 73.092, Fla. Sta., is $1,513.05. 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 $4,798.05 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: M 1. Approve the terms of the Offer of Judgment and authorize its service on Respondents; 2. Approve the expenditure of funds as stated, if the offer is accepted; Agenda Item No, 16K11 September 14, 2004 Page 2 of 6 3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. 14 ?C04 COLLIER COUNTY ...°",,=NT,'==��.�, ^~°~,~�~~~~~�° ~~" ~^=�°~~= -1-~525=V~ ~.1-1~=`°~"~` °",~..~"~==°.== ~11'... R, 111- 6X" ~.^°~- ".^=U"°0^° ~._.� "= 1pp--d By ..,.~`.^. ^~~~~~~~~~ .~.~.~~ ~~~~ ~^~ 14 PV �� ..~. ... .... .~~ Agenda Item No. 16K11 September 14, 2004 Page 4 of 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, Petitioner, V. CHARLES R. WILSON, et al., Respondents. Case No. 02- 5164 -CA Parcel No.: 142 OFFER OF JUDGMENT TO: Charles R. Wilson Helen J. Wilson Betty J. Wilson c/o Kenneth A. Jones, Esq. 2320 First Street, Ste. 1000 Ft. Myers, FL 33901 -3419 Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, CHARLES R. WILSON, HELEN J. WILSON and BETTY J. WILSON ( "Respondents "), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents arising out of the taking of Parcel 142, in the total amount of Twenty Five Thousand One Hundred Eighty Five and No /100 Dollars ($25,185.00), for Parcel 142, which includes the amount of $21,900.00 which was deposited pursuant to the Order of Taking dated May 13, 2003. 1 Agenda Item No. 16K11 September 14, 2004 Page 5 of 6 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. The construction plans and specifications for the project on which the offer is based have been previously and continue to be available for the Respondents' review upon reasonable notice of such a request. Dated this day of , 7004 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile 2 ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER Agenda Item No. 16K11 September 14, 2004 Page 6 of 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, Petitioner, V. CHARLES R. WILSON, et al., Respondents. Case No. 02- 5164 -CA Parcel No.: 142 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 Respondents, CHARLES R. WILSON, HELEN J. WILSON and BETTY J. WILSON, as to Parcel 142 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 Kenneth A. Jones, Esq., ROETZEL & ANDRESS, 2320 First Street, Ste. 1000, Ft. Myers, FL 33901 -3419, and E. Glenn Tucker, Esq., RHODES, TUCKER & GARRETSON, P.O. Box 887, Marco Island, FL 34146 on this day of 11i OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile IBM ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER Agenda Item No. 16K12 September 14, 2004 Page 1 of 6 EXECUTIVE SUMMARY Authorize the making of an Offer of Judgment to Respondents, Lewis R. and Margaret Jean King, for Parcel No. 164 in the amount of $18,120.00 in the lawsuit styled Collier County v. Juan Ramirez, et al., Case No. 02- 5166 -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 Respondents, Lewis R. King and Margaret Jean King ( "Respondents "), in the amount of $18,120.00, as full compensation, excepting attorney's fees and costs, for the fee simple acquisition arising out of the condemnation of Parcel No. 164 in Collier County v. Juan Ramirez, et al., Case No. 02- 5166 -CA, Immokalee Road Project 60018. CONSIDERATIONS: On May 13, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 164 for the Immokalee Road Project (Project No. 60018). On May 20, 2003, Collier County deposited with the Registry of the Court the sum of $15,100.00 for Parcel 164 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $18,120.00 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 Respondents to carefully assess their claims for compensation. Respondents will have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to deposit $3,020.00 into the registry of the Court, which will be paid to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $18,120.00 for Parcel 164, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. Although the offer does not include attorney's fees, if Respondent accepts, the County will be required to pay attorney's fees of $1458.60, based on benefit achieved pursuant to s. 73.092, Fla. Stat. 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 $4,478.60 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: Approve the terms of the Offer of Judgment and authorize its service on Respondents; 2. Approve the expenditure of funds as stated, if the offer is accepted; Agenda Item No. 16K12 September 14, 2004 Page 2 of 6 3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. 2 muamUNT, OOAR"OF"OUNT`-��~��" =..��~"��"._. °�".^_~"~~"� P1,11 N,.=~~~°,.".°°~~.~~ ~�C"~"—^.°~R-1—°~_~No° 51==°��_�� ",.`'. �W.° °~.n^~ 1, .^20~1 M°� ,^=°..^^...^" App,-d By App,-d By ^� °^^~ .~ �'�~~_ ~~~._ ~.^°,^^= .. . Appr-d By Appr-d By ~—,`d Agenda Item No. 16K12 September 14, 2004 Page 4of6 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, V. JUAN RAMIREZ, et al., Respondents. TO: Lewis R. King Margaret Jean King c/o Kenneth A. Jones, Esq. 2320 First Street, Ste. 1000 Ft. Myers, FL 33901 -3419 Case No. 02- 5166 -CA Parcel No.: 164 OFFER OF JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, LEWIS R. KING and MARGARET JEAN KING (`Respondents "), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents arising out of the taking of Parcel 164, in the total amount of Eighteen Thousand One Hundred Twenty and No/100 Dollars ($18,120.00), for Parcel 164, which includes the amount of $15,100.00 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. 1 Agenda Item No. 16K12 September 14, 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 available for the Respondents' review upon reasonable notice of such a request. Dated this day of , 2004. OFFICE OF THE COUNTY ATTORNEY In 2 Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER Agenda Item No. 16K12 September 14, 2004 Page 6 of 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, Petitioner. V. JUAN RAMIREZ, et al., Respondents. Case No. 02- 5166 -CA Parcel No.: 164 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 Respondents, LEWIS R. KING and MARGARET JEAN KING, as to Parcel 164 in the above- styled cause. 1 HEREBY CERTIFY that a true and correct copy of this Notice has been furnished via Regular U.S. Mail to Kenneth A. Jones, Esq., ROETZEL & ANDRESS, 2320 First Street, Ste. 1000, Ft. Myers, FL 33901 -3419, and E. Glenn Tucker, Esq., RHODES, TUCKER & GARRETSON. P.O. Box 887, Marco Island, FL 34146 on this day of 1m OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile I6-rd ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER Agenda Item No. 16K13 September 14, 2004 Page 1 of 6 EXECUTIVE SUMMARY Authorize the making of an Offer of Judgment to Respondents, Roger A. and Coleen Sharpe, for Parcel No. 141 in the amount of $13,200.00 in the lawsuit styled Collier County v. Edward Stanley Sanditen, et al., Case No. 02- 5165 -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 Respondents, Roger A. Sharpe and Coleen Sharpe ( "Respondents "), in the amount of $13,200.00, as full compensation, excepting attorney's fees and costs, for the fee simple acquisition arising out of the condemnation of Parcel No. 141 in Collier County v. Edward Stanley Sanditen, et al., Case No. 02- 5165 -CA, Immokalee Road Project 60018. CONSIDERATIONS: On May 22, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 141 for the Immokalee Road Project (Project No. 60018). On June 5, 2003, Collier County deposited with the Registry of the Court the sum of $11,000.00 for Parcel 141 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $13,200.00 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 Respondents to carefully assess their claims for compensation. Respondents will have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to deposit $2,200.00 into the registry of the Court, which will be paid to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $13,200.00 for Parcel 141, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. Although the offer does not include attorney's fees, if Respondent accepts, the County will be required to pay attorney's fees of $957.00, based on benefit achieved pursuant to s. 73.092, Fla. Stat. 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 $3,157.00 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: Approve the terms of the Offer of Judgment and authorize its service on Respondents; Approve the expenditure of funds as stated, if the offer is accepted; Agenda Item No. 16K13 September 14, 2004 Page 2 of 6 3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. E 1-1j. SKI COLLIER COUNTY .0A~" COUNTY "�=`".�^ ~~~~~., ^=~_. r� P~1.~~ _,_.~~==Do~~"~~~~ ~I-1 C—ty,E—d SI-_^°_~^ ^11,°."=155 _��= �--, �.=~ ..�"� =.=,^°w= ~~�� ~~~~°~`. ~�~~~^~�~_. =,`�..`,~ ~~— ~~ 'ghl~~~q—~�_ ~ AM-d BY Agenda Item No. 16K13 September 14, 2004 Page 4of6 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, V. EDWARD STANLEY SANDITEN, et al., Respondents. Case No. 02- 5165 -CA Parcel No.: 141 OFFER OF JUDGMENT TO: Roger A. Sharpe Coleen Sharpe c/o Kenneth A. Jones, Esq. 2320 First Street, Ste. 1000 Ft. Myers, FL 33901 -3419 Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, ROGER A. SHARPE and COLEEN SHARPE (`Respondents "), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents arising out of the taking of Parcel 141, in the total amount of Thirteen Thousand Two Hundred and No /100 Dollars ($13,200.00), for Parcel 141, which includes the amount of $11,000.00 which was deposited pursuant to the Order of Taking dated May 22, 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. 1 Agenda Item No. 16K13 September 14, 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 available for the Respondents' review upon reasonable notice of such a request. Dated this day of 2004 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile 2 ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER Agenda Item No. 16K13 September 14, 2004 Page 6of6 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, a EDWARD STANLEY SA_N-DITEN, et al., Respondents. Case No. 02- 5165 -CA Parcel No.: 141 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 Respondents, ROGER A. SHARPE and COLEEN SHARPE, as to Parcel 141 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 Kenneth A. Jones, Esq., ROETZEL & ANDRESS, 2320 First Street, Ste. 1000, Ft. Myers, FL 33901 -3419, Community Bank of Naples, N.A., 5150 Tamiami Trail N., Naples, FL 34103, and E. Glenn Tucker, Esq., RHODES, TUCKER & GARRETSON, P.O. Box 887, Marco Island, FL 34146 on this day of , 2004• OFFICE OF THE COUNTY ATTORNEY Hannon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile WA ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER Agenda item No. 16K14 September 14, 2004 Page 1 of 6 EXECUTIVE SUMMARY Authorize the making of an Offer of Judgment to Respondent, Roy David Hilberg, for Parcel No. 140A in the amount of $6,900.00 in the lawsuit styled Collier County v. Edward Stanley Sanditen, et al., Case No. 02- 5165 -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, Roy David Hilberg ( "Respondent "), in the amount of $6,900.00, as full compensation, excepting attorney's fees and costs, for the fee simple acquisition arising out of the condemnation of Parcel No. 140A in Collier County v. Edward Stanley Sanditen, et al., Case No. 02- 5165 -CA, Immokalee Road Project 60018. CONSIDERATIONS: On May 22, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 140A for the Immokalee Road Project (Project No. 60018). On June 5, 2003, Collier County deposited with the Registry of the Court the sum of $6,000.00 for Parcel 140A in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $6,900.00 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 his 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 $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 $6,900.00 for Parcel 140A, 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. Although the offer does not include attorney's fees, if Respondent accepts, the County will be required to pay attorney's fees of $561.00, based on benefit achieved pursuant to s. 73.092, Fla. Stat. 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 $1461.00 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; Agenda Item No. 16K14 September 14, 2004 Page 2 of 6 3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. ^ �4 K04 COLLIER COUNTY �DAR"CF C�UPITI --l—C°ERS ~~~~~, `�lw."�~~~".��~`~. ~=.—~` ~,0A~.~~=°"=00~��~�=� ~. ~~~,"~~"".~1-Y Sa~.~...^"^~°.^,°.^°—_.~^"~^.~ =p ~~�~� 9 1^,=^°== .~.....~. `~,"y~.~- `,.,.,y^~~.,o -.=..^. ~~~~.~.~-~_ ..=.~~ ~~ "`~~� ~ " `~~~ ~."°.,~ App-d By '`'^=''~ D.- App-d By _—'— By , App--d By Agenda Item No. 16K14 September 14, 2004 Page 4 of 6 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUN'T'Y, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, V. EDWARD STANLEY SAND1TEN, et al., Respondents. Case No. 02- 5165 -CA Parcel No.: 140A OFFER OF JUDGMENT TO: Roy David Hilberg c/o Kenneth A. Jones, Esq. 2320 First Street, Ste. 1000 Ft. Myers, FL 33901 -3419 Petitioner, 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, ROY DAVID HILBERG ( "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 140A, in the total amount of Six Thousand Nine Hundred and No/100 Dollars ($6,900.00), for Parcel 140A, which includes the amount of $6,000.00 which was deposited pursuant to the Order of Taking dated May 22, 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. 1 Agenda Item No. 16K14 September 14, 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 available for the Respondent's review upon reasonable notice of such a request. Dated this day of , 2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile 2 ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER Agenda Item No. 16K14 September 14, 2004 Page 6of6 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, V. EDWARD STANLEY SANDITEN, et al., Respondents. Case No. 02- 5165 -CA Parcel No.: 140A 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, ROY DAVID HILBERG, as to Parcel 140A in the above - styled cause. 1 HEREBY CERTIFY that a true and correct copy of this Notice has been furnished via Regular U.S. Mail to Kenneth A. Jones, Esq., ROETZEL & A_NDRESS, 2320 First Street, Ste. 1000, Ft. Myers, FL 33901 -3419, and E. Glenn Tucker, Esq., RHODES, TUCKER & GARRETSON, P.O. Box 887, Marco Island, FL 34146 on this day of 1.1 In 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 ATTORNEY FOR PETITIONER Agenda Item No. 16K15 September 14, 2004 Page 1 of 6 EXECUTIVE SUMMARY Authorize the malting of an Offer of Judgment to Respondent, Roy David Hilberg, for Parcel No. 140B in the amount of $53,130.00 in the lawsuit styled Collier County v Edward Stanley Sanditen, et al., Case No. 02- 5165 -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, Roy David Hilberg ( "Respondent "), in the amount of $53,130.00, as full compensation, excepting attorney's fees and costs, for the fee simple acquisition arising out of the condemnation of Parcel No. 140B in Collier County v. Edward Stanley Sanditen, et al., Case No. 02- 5165 -CA, Immokalee Road Project 60018. CONSIDERATIONS: On May 22, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 140B for the Immokalee Road Project (Project No. 60018). On June 5, 2003, Collier County deposited with the Registry of the Court the sum of $46,200.00 for Parcel 140B in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $53,130.00 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 his 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 $6,930.00 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 $53,130.00 for Parcel 140B, 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. Although the offer does not include attorney's fees, if Respondent accepts, the County will be required to pay attorney's fees of $2979.90, based on benefit achieved pursuant to s. 73.092, Fla. Stat. 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 $9909.90 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: 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; Agenda Item No. 16K15 September 14, 2004 Page 2 of 6 3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. 2 COLLIER COUNTV ~~°^°~~°�~.�~, _^ w P— N. .^=~ =.°N~��==. °~.n~~ ,.^=~"m�= ~' ^ ~~- App-d By T,� .~~-.-~. App-d By ~~-`_ �~�~ _"..`~ App-d By ~".'..� Ipp-IA B, App,-d By A,I~�� `"..~ , Agenda Item No. 16K15 September 14, 2004 Page 4of6 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, V. EDWARD STANLEY SANDITEN, et al., Respondents. TO: Roy David Hilberg c/o Kenneth A. Jones, Esq. 2320 First Street, Ste. 1000 Ft. Myers, FL 33901 -3419 Case No. 02- 5165 -CA Parcel No.: 140B OFFER OF JUDGMENT Petitioner, 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, ROY DAVID HILBERG ( "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 140B, in the total amount of Fiftv Three Thousand One Hundred Thirty and No /100 Dollars ($53,130.00), for Parcel 140B, which includes the amount of $46,200.00 which was deposited pursuant to the Order of Taking dated May 22, 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. 1 Agenda Item No. 16K15 September 14, 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 available for the Respondent's review upon reasonable notice of such a request. Dated this day of , 2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile M 2 ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER Agenda Item No. 16K15 September 14, 2004 Page 6 of 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, Petitioner, V. EDWARD STANLEY SANDITEN, et al., Respondents. Case No. 02- 5165 -CA Parcel No.: 140B 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, ROY DAVID HILBERG, as to Parcel 140B 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 Kenneth A. Jones, Esq., ROETZEL & ANDRESS, 2320 First Street, Ste. 1000, Ft. Myers, FL 33901 -3419, and E. Glenn Tucker, Esq., RHODES, TUCKER. & GARRETSON, P.O. Box 887, Marco Island, FL 34146 on this day of m OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile LOM ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER Agenda Item No. 16K16 September 14, 2004 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to authorize the making of an Offer of Judgment to Respondent, Mary E. Iannetta, for Parcel No. 167B in the amount of $28,520.00 in the lawsuit styled Collier County v Andy R. Alorgan, et al., Case No. 02- 5169 -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, Mary E. Iannetta ("Respondent"), in the amount of $28,520.00, as full compensation, excepting attorney's fees and costs, for the fee simple acquisition arising out of the condemnation of Parcel No. 167B in Collier County v. Andy R. Morgan, et al., Case No. 02- 5169 -CA. CONSIDERATIONS: On May 13, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 167B for the Immokalee Road Project (Project No. 60018). On May 20, 2003, Collier County deposited with the Registry of the Court the sum of $24,800.00 for Parcel 167B in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $28,520.00 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 $3,720.00 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 $28,520.00 for Parcel 167B, 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. Although the offer does not include attorney's fees, if Respondent accepts, the County will be required to pay attorney's fees of $1,689.60, based on benefit achieved pursuant to s. 73.092, Fla. Stat. 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 $5,409.60 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; ,i ci�dla 1',er' �Io. 1 1 0 Septem [Der 1 J,20,04 =':aye 2 Of 6 3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. 4 °_n~° COLLIER COUNTY ,=°=,OU~.,�"=��, jo~t� _~_~c"'~ P"~—w .~ ^pp.~~ "...._~~. App—,d By ,~°—~^~.. —...—=.~..� ...°~..~ *~-~By ^=~d", App .~~~ `°="= ^pp� ... 3, ^°~." By App—^By *~-~� ~~~ ^ ^pp� ... ~ `p, ... ^w ?.genda Item No. 1oK16 September 14, 2004 Page 4 of 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, Petitioner, kv ANDY R. MORGAN, et al., Respondents. TO: Mary E. Iannetta c/o Kenneth A. Jones, Esq. ROETZEL & ANDRESS 2320 First Street, Ste. 1000 Ft. Myers, FL 33901 -3419 Case No.: 02- 5169 -CA Parcel No.: 167B OFFER OF JUDGMENT 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, MARY E. IANNETTA ("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 167B, in the total amount of Twenty Eight Thousand Five Hundred Twenty and No/100 Dollars ($28,520.00), for Parcel 167B, which includes the amount of $24,800.00 which was deposited pursuant to the Order of Taking dated May 13, 2003. 1 `.genda Item No. 13K16 September 14, 2004 P age 5 of 6 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 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 available for the Respondent's review upon reasonable notice of such a request. Dated this day of 2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail P Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774 -0225 - Facsimile ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER 1 erda tem No. 16K16 Jeptember 14. 2CC4 Page C er C 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, V. ANDY R. MORGAN, et al., Respondents. Case No.: 02- 5169 -CA Parcel No.: 167B 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, MARY E. IANNETTA, as to Parcel 167B 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 those parties listed on the attached Service List on this day of , 2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile Im ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER ,genc!a item illo. 1,-K1 September 14. 2""I;4 Page 1 or o EXECUTIVE SUMMARY Authorize the making of an Offer of Judgment to Respondents, James L. and Esther E. Swigert, for Parcel No. 143 in the amount of $15,240.00 in the lawsuit styled Collier County v. Charles R. Wilson, et al., Case No. 02-5164 - 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 Respondents, James L. Swigert and Esther E. Swigert ( "Respondents "), in the amount of $15,240.00, as frill compensation, excepting attorney's fees and costs, for the fee simple acquisition arising out of the condemnation of Parcel No. 143 in Collier County v. Charles R. Wilson, et al., Case No. 02- 5164 -CA, Immokalee Road Project 60018. CONSIDERATIONS: On May 13, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 143 for the Immokalee Road Project (Project No. 60018). On May 20, 2003, Collier County deposited with the Registry of the Court the sum of $12,700.00 for Parcel 143 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $15,240.00 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 Respondents to carefully assess their claims for compensation. Respondents will have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to deposit $2,540.00 into the registry of the Court, which will be paid to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $15,240.00 for Parcel 143, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. Although the offer does not include attorney's fees, if Respondent accepts, the County will be required to pay attorney's fees of $970.20, based on benefit achieved pursuant to s. 73.092, Fla. Stat. 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 $3,510.20 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: Approve the terms of the Offer of Judgment and authorize its service on Respondents; 2. Approve the expenditure of funds as stated, if the offer is accepted; emcee 14. 2CC4 Page 2 of 3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. K s—, M-fiq D— COLLIER COUNTY 30ARD JF O-4-Y 15—A R- 5-al By Approved By .......... a,P-- By App—,d By Approved By Approved By 2— 2; Approved By Approved By .Approved By Approved By App—'d By . approved By Agenda Item No. 16Ki1 September 14, 2004 Page 4 of o 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, V. CHARLES R. WILSON, et al., Respondents. TO: James L. Swigert Esther E. Swigert c/o Kenneth A. Jones, Esq. 2320 First Street, Ste. 1000 Ft. Myers, FL 33901 -3419 Case No. 02- 5164 -CA Parcel No.: 143 OFFER OF JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, JAMES L. SWIGERT and ESTHER E. SWIGERT ( "Respondents "), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents arising out of the taking of Parcel 143, in the total amount of Fifteen Thousand Two Hundred Forty and No /100 Dollars ($15,240.00), for Parcel 143, which includes the amount of $12,700.00 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. 1 �.g2nda'tem No. 16K1 September 14. 2004 Pag26of6 - The construction plans and specifications for the project on which the offer is based have been previously and continue to be available for the Respondents' review upon reasonable notice of such a request. Dated this day of 72004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile IM 2 ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER agenda Item No. 1.3K1 7 September 14, 2004 Page 6 of 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, Petitioner, V. CHARLES R. WILSON, et al., Respondents. Case No. 02- 5164 -CA Parcel No.: 143 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 Respondents, JAMES L. SWIGERT and ESTHER E. SWIGERT, as to Parcel 143 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 the parties listed on the attached Service List on this day of 2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile 1 ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER Agenda Item No. 133KII3 eotemter 14. 20C4 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to authorize the making of an Offer of Judgment to Respondent, Louise V. Taylor, as Trustee of the Louise V. Taylor Living Trust u /a /d 9/16/87, for Parcel No. 156 in the amount of $91,500.00 in the lawsuit styled Collier County v. Andy R. Morgan, et al., Case No. 02- 5169 -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, Louise V. Taylor, as Trustee of the Louise V. Taylor Living Trust a /a/d 9/16/87 ( "Respondent "), in the amount of 591,500.00, as full compensation, excepting attorney's fees and costs, for the fee simple acquisition arising out of the condemnation of Parcel No. 156 in Collier County v. Anch, R. alorgan, et al., Case No. 02-5169 - CA. CONSIDERATIONS: On May 13, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 156 for the Immokalee Road Project (Project No. 60018). On May 20, 2003, Collier County deposited with the Registry of the Court the sum of $79,700.00 for Parcel 156 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $91,500.00 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 $11,800.00 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 $91,500.00 for Parcel 156, 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. Although the offer does not include attorney's fees, if Respondent accepts, the County will be required to pay attorney's fees of $6,336.00, based on benefit achieved pursuant to s. 73.092, Fla. Stat. 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 $18,136.00 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; cj imnr ti t -ir, !do. 16M 3 `eptember 1 :1. %004 Fage2cf i 3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. 2 . � COLLIER COUNTY ^==",=`_`'== "-I" `°.��^~."^ = ~,.By ~~,~~~^°~._... ^°~.^~ °.^~.~ `.. %pp—'d By ~~ App .... ~~ App~` * ^~��~ °~.^~ ^pp..49, ^,p,~~~ ^,,~^~ ,gerda item 'de. 13% 1 Se tember 14, 2 )04 =age 1 PREPARED IN ANTICIPATION OF LITIGATION AND REFLECTS A MENTAL IMPRESSION, CONCLUSION, LITIGATION STRATEGY OR LEGAL THEORY OF THE ATTORNEY OR AGENCY AND IS EXEMPT FROM DISCLOSURE AS A PUBLIC RECORD PURSUANT TO SECTION 119.0 7(3) (7), FLORIDA STATUTES. OFFICE OF THE COUNTYATTORNEY INTRA' OFFICE MEMORANDUM TO: Gregg Strakaluse, TE &CM, Director, P.E. FROM: Ellen T. Chadwell, Assistant County Attorney DATE: August 18, 2004 RE: Collier County v Andy R.lblorgan, et aL; Case No.: 02- 5169 -CA; Parcel No. 156 (Taylor Living Trust); Offer of Judgment We are circulating an agenda item seeking authorization to make an offer of judgment in the above - referenced case for Parcel 156 in the amount of $91,500, as full compensation. This offer amount represents slightly less than 15% of the deposit, which was $79,700. As additional justification for these numbers I relied on the highest comparable sale's unit value in our appraisal report at $26,600 per acre. Our deposit did not reflect a time adjustment for the two months from the date of our appraisal update to deposit. By applying our appraiser's two percent per month time adjustment, I concluded a unit value of $27,600 per acre. By substituting this unit value for our previous value of $25,000 per acre, full compensation amounts to $88,042, Consequently I feel that the offer amount of $91,500 is a reasonable amount and will provide the property owner with sufficient cause to consider acceptance. Please note that the property owner's appraisal concluded a unit value of $38,204 per acre, with severance damages of $70,990, for a total compensation amount of $167,314. Please call me if you have any questions regarding this matter. ETC /sh .Acenda Item No. 16K18 September 14, 2004 Page 5 of 7 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, apolitical subdivision of the State of Florida, Petitioner, V. ANDY R. MORGAN, et al., Respondents. Case No.: 02- 5169 -CA Parcel No.: 156 OFFER OF JUDGMENT TO: Louise V. Taylor, as Trustee of the Louise V. Taylor Living Trust u/a/d 9/16/87 c/o Kenneth Jones, Esq. 2320 First Street, Ste. 1000 Ft. Myers, FL 33901 -3419 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, LOUISE V. TAYLOR, AS TRUSTEE OF THE LOUISE V. TAYLOR LIVING TRUST U /A/D 9/16/87 ('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 156, in the total amount of Ninety-one Thousand Five Hundred and No /100 Dollars ($91,500.00), for Parcel 156, which includes the amount of $79,700.00 which was deposited pursuant to the Order of Taking dated May 13, 2003. 1 gerda Item No. 162K13 September 11, 2004 Pa�e o �3i 7 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 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 available for the Respondent's review upon reasonable notice of such a request. Dated this day of 12004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile MM 2 ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER 1,gerda Item No. 16K16 September 14, 2004 Page 7 of 7 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, apolitical subdivision of the State of Florida, Petitioner, V. ANDY R. MORGAN, et al., Respondents. Case No.: 02- 5169 -CA Parcel No.: 156 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, LOUISE V. TAYLOR, AS TRUSTEE OF THE LOUISE V. TAYLOR LIVING TRUST U /A/D 9/16/87, as to Parcel 156 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 those parties listed on the attached Service List on this day of 011 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 ATTORNEY FOR PETITIONER Agenda Item No. 16K19 September 14, 2004 Page 1 of 50 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE SPECIAL MAGISTRATE AGREEMENTS FOR VALUE ADJUSTMENT BOARD HEARINGS FOR TAX YEAR 2004. OBJECTIVE: To approve Special Magistrate Agreements for the hearings on petitions to the Value Adjustment Board for :he 2004 Tax Year. CONSIDERATIONS: In 2002, the Florida Legislature amended Section 194.035, Florida Statutes, to require all counties having a population of more than 75,000 to appoint Special Magistrates for the purpose of taking testimony and making recommendations to the Value Adjustment Board. On July 26, 2004, the Value Adjustment Board convened and selected four individuals to serve as Special Magistrates for the 2004 Tax Year. The Office of the County Attorney has prepared an agreement for the provision of these services, which includes the conduct of hearings on petitions regarding exemptions, classifications and real and personal property valuations. Copies of the proposed agreements are attached hereto. In summary, the Agreements require that the Special Magistrates conduct hearings on petitions during the time period of October 6, 2004 through October 13, 2004. All hearings are to be conducted in accordance with the rules of procedure adopted by the Collier County Value Adjustment Board, the Department of Revenue Administrative Rules and applicable Florida Statutes. The Agreement provides that the Special Magistrate shall make a recommendation to the Value Adjustment Board after hearing each petition. The Agreement provides that the Special Magistrate will be paid on an hourly basis, at a rate of $100.00 per hour. The maximum compensation allowable under each agreement is $5,000.00. As is common practice among other counties, the Agreement does not require that the Special Magistrate maintain commercial liability and professional liability insurance. Although these requirements are usually standard in Collier County contracts, the nature of the services to be provided in this instance are such that the Office of the County Attorney deems the inclusion of these requirements unnecessary. Each Special Magistrate will be sitting in a quasi - judicial capacity and as such will enjoy qualified, and in some instances, absolute immunity for his/her actions in considering the petition, all evidence, and making written findings and recommendations. Consequently, staff is requesting that the Board waive any insurance requirements. FISCAL IMPACT: The cost of services under these four (4) Agreements cannot exceed $20,000.00 per the terms of the Agreements. This cost is shared with the District School Board, which by statute is responsible for two -fifths of these expenses. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve each of the proposed Special Magistrate Agreements and authorize the Chairman to execute the Agreements, and; 2. Direct staff to take such steps as are necessary to ensure performance under the terms of the agreements. 2 COLLIER COUNTY -.1in DN "I Prepared By approved By .lpprored By Approved By .Approved By Ap .... d By Agenda Item No. 16K19 September 1-1, 2004 Page 3 of 50 SPECIAL MAGISTRATE AGREEMENT THIS AGREEMENT has been made and cntere into on this day of August, 2004, by and between i hereinafter referred to as "Special Magistrate," and CO n OUNTY, a po cal subdivision of the State of Florida, hereinafter referred to as "COUNTY," and the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, hereinafter referred to as "SCHOOL BOARD." WITNESSETH 1. Commencement. This Agreement will commence upon execution of this Agreement by the last signing party, and shall terminate upon completion of the assignment and payment for same. 2. Assignment The Special Magistrate shall conduct hearings on petitions to the Value Adjustment Board regarding valuation of real estate or tangible personal property for the 2004 tax year. The Special Magistrate will conduct these hearings in accordance with the Rules of Procedure adopted by the Collier County Value Adjustment Board, administrative rules promulgated by the Florida Department of Revenue, and applicable Florida Statutes. The VAB Rules of Procedure are attached hereto as Exhibit A and incorporated herein as a part of this Agreement. These hearings will commence on or after October 6, 2004, and may continue each following day until completed. The Special Magistrate shall prepare in writing his/her findings of fact, conclusions of law, and recommendation to the Value Adjustment Board using the forms approved by the VAB no later than October 9, 2004. Time is of the essence in this regard as the VAB intends to meet on October 15, 2004, for purposes of adopting all recommendations by its VAB Special Magistrates. To the extent reasonably possible the Special Magistrate will render his recommendation within 48 hours. but. in no event, more than five (5) days after the hearing. The Special Magistrate shall be compensated on an hourly basis for the time needed to complete his recommendations subject to the time limitations imposed in Paragraph 4 below. The Special Magistrate will be provided with the evidence package for each petition in advance of the scheduled hearing. The Special Magistrate is expected to review these materials to the extent necessary to facilitate his/her review and consideration of the matter at the hearing. The Special Magistrate will be compensated for his/her time subject to the time limitations in Paragraph 4. 3. Standards and Requirements. The Special Magistrate will comply with all Florida laws and administrative rules, and constitutional principles of due process when conducting the value adjustment hearings. The Collier County VAB and the County Attorney may provide additional direction or guidance to the Special Magistrate, such as its Rules and Procedures, for the conduct of the hem-ngs. This guidance will be followed by the Special Magistrate to the extent that such guidance gees not impede upon the ?.cenda Item No. 16K19 September 14. 2004 Page 4 of 50 Special Magistrate's independent decision - making. The Special Magistrate will consider only acceptable appraisal practices when hearing all petitions but shall not engage in the re- appraisal of properties. The Special Magistrate will be responsible for preserving the record and his/her recommendations as required by Florida Statutes, F.A.C. Rule 12D -10, and the VAB Rules of Procedure. All recommendations shall be forwarded to the Clerk to the Board along with the evidentiary record for each hearing. The VAB will be responsible for providing a verbatim transcript and back -up audio recording of all proceedings. The Special Magistrate will be responsible for operating the audio recording equipment. if necessary. By execution of this Agreement, the Special Magistrate represents that s/he meets the requirements of s. 194.035, Fla. Stat. (2003) and will maintain all licensure required by this statute through completion of the Assignment. 4. Compensation. The Special Magistrate will be paid an hourly rate of $ 100.00 for services rendered in accordance with this Agreement. The Special Magistrate will maintain a record of time for his performance under this Agreement and shall submit an invoice to the COUNTY after completion of all scheduled hearings and recommendations to the VAB. This invoice shall be signed and certified by the Special Magistrate as being accurate. Upon receipt of a proper invoice, the COUNTY will pay the Special Magistrate in accordance with s. 218.70, Fla. Stat., otherwise known as the "Florida Prompt Payment Act." The maximum compensation allowable under this Agreement is 55,000. Any time required for research and preparation beyond the hours required to conduct hearings shall not exceed twice the number of hours required for hearings without documentation of the reed for such additional hours and advance approval by the County Attorney's Office. Time spent for travel in excess of 25 miles to the location of the hearings will be compensated for at the hourly rate. The compensation paid to the Special Magistrate shall be bome three -fifths (315s) by the COUNTY and two- fifths (2/5s) by the SCHOOL BOARD. After payment of compensation to the Special Magistrate, the COUNTY will calculate the SCHOOL BOARD's share of the compensation paid and prepare an invoice for the SCHOOL BOARD. The SCHOOL BOARD agrees to pay the COUNTY within thirty (30) days of receipt of this invoice. 5. Costs and Expenses. The COUNTY and SCHOOL BOARD shall provide the hearing rooms for all Special Magistrate hearings and shall be responsible for the costs of recording all hearings before the Special Magistrate. The COUNTY and SCHOOL BOARD will provide the Special Magistrate with sufficient forms for the completion of his/her findings of facts and conclusions of law for each hearing. All clerical expenses Agenda item No. 15K19 September 14, 2004 Page 5 of 50 incurred by the Special Magistrate in the performance of this Agreement shall be the sole responsibility of the Special Magistrate, 6. Termination. If the Special Magistrate fails to perform his/her services in a manner consistent with this Agreement, the COUNTY or SCHOOL BOARD may terminate this Agreement immediately for cause. The COUNTY or SCHOOL BOARD reserves the right, in its absolute discretion, to refrain from scheduling any hearings with the Special Magistrate and to discontinue the services of the Special Magistrate at any time for convenience. If the COUNTY or SCHOOL BOARD elect to terminate this Agreement for convenience, such election may be made with no less than 24 hours notice to the Special Magistrate. In recognition of the special time constraints attendant to VAB hearings, the parties hereto agree that 24 hours notice is reasonable in this instance. The COUNTY or SCHOOL BOARD shall be the sole judge of non - performance. The COUNTY and SCHOOL BOARD do not warrant that the Special Magistrate will be scheduled to serve any particular number of days or hear any number of cases. 7. No Improper Use. The Special Magistrate agrees he /she will not use, or suffer or permit any person to use in any manner, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule order or regulation. In the event of such violation by the Special Magistrate, the COUNTY shall have the right to suspend further work by the Special Magistrate or terminate this Agreement. 8. Unlawful Solicitation and Assignment of Agreement. By execution of this agreement, the Special Magistrate warrants that he /she has not employed, retained, paid or agreed to pay any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement. Special Magistrate further warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer, agent, employee, subcontractor, or consultant to the Special Magistrate in connection with any services performed under the terms of this Agreement. Special Magistrate further warrants that there shall be no transfer or assignment of any part of this Agreement, except with the express written approval of the COUNTY and SCHOOL BOARD. 9. Insurance. The Special Magistrate shall provide insurance during the term of this Agreement as follows: (a) Comprehensive general liability coverage, including bodily injury and property damage, in an amount not less than $300,000 combined single limits. The COUNTY shall be named as an Additional Insured on each policy. Certificates of insurance demonstrating compliance with this Paragraph shall be provided to the COUNTY no later than September 29, 2004. Agenda Item No. 16K19 September 14, 2004 Page S of a0 10. Relationship. Nothing contained herein shall create or be construed as creating a partnership between either the COUNTY or SCHOOL BOARD and the Special Magistrate. Nor shall this Agreement be construed as to constitute the Special Magistrate as an agent or employee of the COUNTY or SCHOOL BOARD. 11. Indeamificalion. Special Magistrate agrees to indemnify, hold harmless and defend the COUNTY and SCHOOL BOARD, their agents and employees from all suits, claims, liabilities and actions, including attorneys' fees and litigation costs, and all judgments of every name and description, brought against the COUNTY as a result of loss, damage or injury to persons or property by reason of any act or failure to act by Special Magistrate, its agents or employees. This provision does not apply to the filing of an appeal from a value adjustment decision by a petitioning taxpayer, as provided by s. 194.036, and s. 194.0171, Fla. Stat. 12. Non - discrimination. No person on the grounds of handicap, sex, race, color, religion, national original or age, will be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of this Agreement. 13. Records. The Special Magistrate shall maintain records of all accounts, invoices for reimbursable expenses and supporting documentation for nay research or reports, for a period of five (5) years from completing the performance of this Agreement. Such records shall be sufficient to permit a proper pre- and post -audit in accordance with generally accepted accounting practices. The Special Magistrate will permit the inspection of such records at the location where they are kept after reasonable notice. The Special Magistrate shall allow public access to all documents and materials in accordance with the provisions of Chapter 119, Florida Statutes_ 14. Interpretation and Construction. This Agreement shall be governed by, and construed in accordance with, the laws of the state of Florida; and this wntten Agreement along with the 2004 Application for Appraiser Special Magistrate submitted by the undersigned party, which is incorporated herein by reference, shall constitute the entire agreement between the parties, and there are no other prior or contemporaneous, oral or written agreements, understandings or promises related to this Agreement. This Agreement may be modified only by written amendment executed by all parties hereto. 15. Amendment. This Agreement may be amended only with the written approval of all parties. 16. Notice. When any party desires to give notice to the other, it must be given in writing and sent by regular mail or facsimile to the party for whom it is intended, as specified below: COLLIER COUNTY c/o Ellen T. Chadwell Office of County Attorney 3301 Tamiami Trail East 8'h Floor (Bldg F) Naples, Florida 34112 Facsimile: (239) 774 -0225 SPECIAL MAGISTRATE ,2--e ilea - C" r ii G40o- ;g yrP 006 SCHOOLBOARD c/o Steve Fain, Finance Director 5775 Osceola Trail Naples, Florida 34109 -0919 17. Governing Law. This Agreement shall be governed by Florida law. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. As to SPECIAL MAGISTRAT : / DATE: By: � �fe 4f 44, Prin o• /7 / As to COUNTY: BOARD OF COUNTY CONLMISSIONERS OF COLLIER COUNTY DATE: ATTEST: DWIGHT E. BROCK, CLERK By: DONNA FIALA, Chairman By: Deputy Clerk As to SCHOOL BOARD: DATE: P 1Y 0 Ap"td as to for,) le"l sufficiency I_.(_.C-_ D7 Ll' Z , " Assistant County Attorney Ellen T. CM6411 COLLIER COUNTY DISTRICT SCHO LBO D By: STEVE FAIN, tinancial Officer Collier County District School Board Sepiei ter 14, 2004 i—ar'e J cl 5C �ge% 'a Ili" N! o. i 3K 1 9 Se!, &Mtezr 14. 2C04 Page 9 of 0 EXHIBIT VALUE ADJUSTMENT BOARD RULES OF PROCEDURE CHAPTER 1: ORGANIZATION 1. The Board is a separate and distinct governmental body created by statute and is composed of three members of the Board of County Commissioners and two School Board Members. 2. One of the County Commissioners is required to the elected as Chairman of the Board. 3. The members of the Board may be temporarily replaced by other members of the respective boards (i.e. the Commission and School Board) on appointment by their respective chairpersons. 4. Any three members of the Board constitute a quorum, except that each quorum must include at least one Commissioner and one School Board member. No meeting of the Board can take place without a quorum. 5. Two - fifths on the expenses of the Board are borne by the School Board and three- fifths by the County Commission. 6. As used herein, the word "Board" may include "Special Magistrates." CHAPTER 2: POWERS AND DUTIES 1. The Board must meet not earlier than 30 days, nor later than 60 days after the mailing of the "Notices of Proposed Property Taxes" by the Property Appraiser under section 194.01 1(1), Florida Statutes; provided, however, that no Board hearing may be held before approval of all or any part of the assessment rolls by the Departments of Revenue. The Board is required to meet for the following purposes: (a) Hearing taxpayers' petitions relating to the amount of assessments. (b) Hearing complaints relating to Homestead exemptions. (c) Hearing appeals from exemptions denied, or disputes arising from exemption granted, upon the filing of exemption applications (i.e. other than Homestead exemptions) (d) Hearing appeals conceming ad valorem tax deferrals and classifications. Notwithstanding the foregoing, the Board may meet prnr to the approval of the assessment rolls by the Department of Revenue, but m.: cariier than July 1, to hear appeals pertaining to the denial by the Property Appraiser of exemptions, agricultural .Agenda item No. 16K19 SeptemLer 14. 2004 J acge 10 of JlJ classifications, and deferrals under (b), (c), and (d). In such event, the Board may not certify any assessments under Section 193.122 until after the Department has approved such assessments in accordance with Section 193.1142 and after all hearings have been held with respect to the Particular parcel under appeal. 2. The Board was authorized by state law to impose a filing fee not to exceed $15.00 for each separate parcel of property, real or personal, covered by taxpayers petitions (i.e. with certain exceptions pertaining to denials of Homestead exemption and tax deferrals). Petitions filed without the appropriate filing fee are deemed invalid and must be rejected. 3. The Board is required to appoint special magistrates for the purpose of taking testimony and making recommendations to the Board, which recommendations the Board may act upon without further hearing. The Board has chosen to act upon such recommendations without further hearings. Appeals to the full Board by Taxpayers and the Property Appraiser requesting de novo review of special magistrates" decisions will be denied. Special magistrates must meet the criteria set forth in s. 194.035, Fla. Stat. 4. The Board is required to remain in session from day to day until all petitions, complaints, appeals, and disputes are heard. If all or any part of an assessment roll is disapproved by the Florida Department of Revenue, the Board is required to reconvene to hear petitions, complaints, appeals and disputes filed upon the finally approved roll or part of a roll. 5. The Board has no power to fix the original valuation of property for ad valorem tax purposes or to grant an exemption not authorized by law. The Board is bound by the same standards as the County Property Appraiser in determining value and the granting of exemptions. With certain exceptions, all property, real and personal, must be assessed at fair market value as of January 1 of the tax year. The Board, or its special magistrates, may not reduce an assessment below fair market value (i.e. in order to "equalize" it with other assessments), but for purposes of reviewing a petition, the Board may consider assessments among comparable properties within homogeneous area or neighborhoods. 6. The Board has no power to grant relief either by adjustment of the value of a property or by the granting of an exemption on the basis of hardship of a particular taxpayer. 7. The Board, in determining the valuation of a specific property, may not consider the ultimate amount of tax required by the various taxing authorities. 8. The powers, authorities, duties and functions of the Board, insofar as they are appropriate, apply equalty to real property and tangible personal property. 9. The Board may not extend the time for the filing of petitions. However, the failure to meet the statutory deadline for filing a petition is not a absolute bar to consideration of such a petition by the Board when the Board determines that the petitioner has demonstrated good cause for failure to timely file, justifying consideration, and that the delay will not in fact be prejudicial to he performance of its functions in the taxing process. The issue of whether a petitioner's late filing can demonstrate "good Agenda Item No. 16K19 September 14. 2004 Page 11 of 50 cause" will be heard and determined by the Special Magistrate. If the Special Magistrate finds that good cause has been shown, she/he will proceed to hear the merits of the petition. 10. The Board is required to hear disputed or appealed applications for exemption and must grant such exemptions, in whole or in part, in accordance with the criteria established by law. In addition, the Board may review previously granted exemptions on its own motion or upon motion of the Property Appraiser. Review of an exemption application upon motion of the Board cannot be help heard until the application has had at least five (5) calendar days notices of the Board's intent to review the application. 11. The Board is required to comply with all valid rules and regulations promulgated by the Florida Department of Revenue. CHAPTER 3: PRE - HEARING EVIDENCE EXCHANGE 1. At least 10 days before the scheduled hearing, the taxpayer /petitioner must provide the Property Appraiser with a written list and summary of evidence, along with copies of the all documentation to be presented at the hearing. Two copies of the complete package provided to the Property Appraiser must be delivered by the Petitioner to the Clerk to the Board. 2. No later than five (5) days after the Property Appraiser receives the taxpayer /petitioner's documentation, the Property Appraiser must provide the taxpayer /petitioner with a written list and summary of its evidence to be presented at hearing. This list and summary must likewise be accompanied with copies of the documentation to be presented. The evidence list must contain the property record card if provided by the Clerk. When computing the five day period, Saturdays, Sundays and legal holidays shall not be included. 3. If the taxpayedpetitioner does not provide the information to the Property Appraiser at least 10 days prior to the hearing pursuant to Section I above, the Property Appraiser need not provide the information to the taxpayer /petitioner pursuant to Section 2. Except that if the Property Appraiser requests in writing any evidentiary materials of the taxpayer /petitioner, and the taxpayer /petitioner refuses to provide the requested materials prior to the hearing, such information shall not be presented or considered at the scheduled hearing by the Special Magistrate or the VAB. (Fla. Stat. 194.034(1)(d)) 4. If the Property Appraiser does not provide the information within the time required under Section 2, the taxpayer /petitioner will be entiiled to reschedule the hearing. In such event, the taxpayer must notify the Clerk no later than twenty -four (24) hours, excluding weekends and holidays, after the day of required production that the Property Appraiser did not fully comply, the details of such non - compliance, and request a reschedule in writing. After receipt of this written notice, the Clerk will re- schedule the hearing. 5. The documentation exchanged under Section I and 2 above must be delivered by regular or certified mail, personal delivery, overnight mail, facsimile or e-mail. The date Agenda Item No. 16K19 September 14, 2004 Page 12 of 50 of transmission by e-mail or fax to an address provided by the addressee shall be deemed to constitute the date of delivery to the recipient. For such purpose, three e-mail or fax attempts to the address provided by the addressee will be deemed sufficient. If the taxpayer /petitioner designates delivery by U.S. Mail or does not specifically designate the desired manner for receiving the Property Appraiser's information, the information shall be deposited into the mail by the Property Appraiser. The taxpayer/petitioner and the Property Appraiser may agree to a different method or Liming of the exchange. 6. The information must be sent to the taxpayer /petitioner or agent at the address shown on the petition form; however, it may be submitted to an e -mail or fax address if so indicated by the taxpayer /petitioner. 7. In computing any period of time prescribed by these rules, the day of the act, event, or default from which the designated period of time begins to tun shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. If the tenth day before a heating is a Saturday, Sunday, or legal holiday, the information under subsection 2 shall be provided no later than the previous business day. S. The summary of any testimony submitted pursuant to Sections I and 2 shall be sufficiently detailed as to reasonably inform a party of the general subject matter of the witness testimony, and shall contain the name and address of the witness. 9. No taxpayer /petitioner may present not shall the VAB or a special magistrate accept for consideration any "testimony or other evidentiary materials" that were requested of the taxpayer /petitioner in writing by the Property Appraiser of which the taxpayer "had knowledge and denied to the Property Appraiser." (Section 194.034(1) (d), Florida Statutes.) CHAPTER 4: CONDUCT OF HEARINGS; PROCEDURES 1. Proceedings of the Board must be conducted in compliance with the Florida Sunshine Law (i.e. Section 268.011, Florida Statutes): (a) Reasonable notice must be given to the public prior to a Board meeting. (b) All Board meetings at which any official action may be taken must be help in the open. 2. Board and special magistrate hearings are required to the conducted in accordance with the applicable provisions of Chapter 194 and 196, Florida Statutes, and administrative rules promulgated by the Florida Department of Revenue. Chapter 120, Florida Statutes, does not apply to VAB proceedings, including hearings before the Special ivlagistrates. 3. Upon the filing of a petition by a taxpayer, the Clerk of the Board is required to deliver to the person so filing, an acknowledgment of receipt of such petition and must ?.gerda liar `Jo, 1 C19 September 14. 2CC4 °age 13 of �C promptly furnish a copy of same to the Property Appraiser. Late filed petitioner must be noted by the Clerk and brought to he attention of the Board. The only petitions subject to rejection are those not accompanied by the appropriate filing fee under section 194.013. 4. The Clerk of the Board will prepare a schedule of appearances before the Board (Special Magistrates) based on petitions (including applications for Homestead Exemptions denied by the Property Appraiser) timely filed with him. The Clerk must notify each petitioner of the scheduled time of his appearance in writing by U.S. mail or Personal delivery so that the notice is received by the taxpayer no less than twenty (20) calendar days prior to the day of such schedule appearance. The Clerk is deemed to have prima facie complied with such notice requirements if the notice is deposited in the U.S. Mail twenty -five (25) days prior to the day of such scheduled appearance. The Clerk will include a copy of the property record card with the notice in all cases, whether or not requested by the taxpayer. The Cleric will not schedule hearings in personal property cases, unless a retum is filed within the time prescribed by the Board. 5. The petitioner has the right to reschedule his or her hearing ONE time by submitting to the Clerk a written request to reschedule NO LESS THAN FIVE (5) calendar days before the day of the originally scheduled hearing. 6. The Board and its special magistrates act in a quasi-judicial capacity with respect to the conduct of these hearings. 7. Board members and special magistrates should disqualify themselves on their own initiative or upon motion of any party interest or other cause for which a judge may be recused, with respect to any appeal coming before the Board. 8. No Board member or special magistrate should communicate ex pane with any taxpayer or the Property Appraiser relative to the meets of any case. However, this should not preclude a Board member or special magistrate from communicating with a taxpayer or the Property Appraiser for proposes of obtaining additional raw data upon which a finding might be based. Any communications conceming the proper conclusion to be drawn from any such raw data would constitute a discussion of the merits and results in an ex pane communication prohibited by law. (a) Any taxpayer may be represented by an attorney or agent before the Board or special magistrate, or may appear on his own behalf. (b) A condominium homeowners' association (or qualified incorporated mobile home park association) may appear before the Board or Special Magistrate to present testimony and evidence regarding the assessment of condominium units which said association represents. Said testimony and evidence must also be considered by the Board or Special Magistrate with respect to petitions filed by individual condominium unit owners, unless the owner requests otherwise. 10. (a) Irrelevant, immaterial or unduly repetitious evidence may be excluded by the Board or special magistrate but all other evidence of a type commonly relied A� -erda item No. 16K19 --eptember 14, 2004 Page 14 of 50 upon by reasonable prudent persons in the conduct of their affairs is admissible, whether or not such evidence would be admissible in a court of law. (b) Any part of a taxpayer's evidence may be received in written from, and all testimony of parties and witnesses is required to be made under oath upon the request of either party. The Special Magistrate or court reporter will administer the oath to all persons providing testimony, including parties. Witnesses for either party may be cross - examined by the other party when testimony is taken. (c) Hearsay evidence may be admitted for the purpose of supplementing or explaining other evidence, but it is not sufficient in itself to support a finding unless it would be admissible over objection in a civil action in the courts of this State. 11. The Property Appraiser's determinations are entitled to a "presumption of correctness ", and petitioning taxpayers have the burden to prove that the Property Appraiser's determinations are incorrect. (a) In the non - valuation cases (e.g. exemption and agricultural classification cases), this presumption of correctness can be property rebutted only by evidence which excludes very reasonable hypothesis of a legal assessment. (b) In valuation cases, the Property Appraiser's valuation is still presumed correct, but the presumption is lost if the taxpayer establishes by a preponderance of the evidence that either the Property Appraiser (a) failed to property consider all of the valuation criteria mandated by statate in computing the assessment, or (b) derived the assessment arbitrarily based on appraisal practices different from those generally applied to comparable property within the same class and county. If the taxpayer overcomes the initial presumption of correctness, in the forgoing manner, he or she then has the burden to prove by a preponderance of the evidence that the assessment exceeds fair marker value. If, however, the taxpayer cannot overcome the property appraiser 's initial presumption of correctness, then the taxpayer, in order to obtain relief, must prove that the assessment is excessive by clear and convincing evidence. In no case involving valuation, however, does the taxpayer have the burden of proving that the assessment is "not supported by any reasonable hypothesis of a legal assessment." 12. If the Property Appraiser's assessed value is determined to be erroneous, the VAB can establish the assessment if there exists competent, substantial evidence in the record. If not, the VAB must remand to the Property Appraiser with the appropriate directions for a redetermination of value. 13. The Clerk of the Board is required to maintain a verbatim record of all proceedings and must preserve all documentary evidence and listings for a period of not less than four (4) years. The Board and its special magistrates should insist that all documentary evidence relied upon by any party be incorporated into the Board's files. In the event a party refuses to relinquish possession of any such documentary evidence, the eiici a Lem No. 13K19 eau ember 14. 2004 Page 15 of 5- () Board and its special magistrates should not consider the same in making a finding of fact or conclusion of law. 14. No petitioner may present, nor may the Board or special magistrate accept, testimony or other evidentiary materials for consideration that were requested of the petitioner in writing by the Property Appraiser of which the petitioner had knowledge, and denied to the Property Appraiser. No evidence shall be considered by the Board or special magistrate except when presented during the time scheduled for the petitioner's hearing, or at a time when the petitioner has been given reasonable notice. 15. Every decision of the Board or recommendation by a Special Magistrate must contain specific and detailed findings of fact, including both ultimate findings of fact and basic and underlying findings of fact. Each basic and underlying finding must be properly annotated to its supporting evidence. (a) An ultimate finding is a determination of fact is usually expressed in the language of a statutory standard and must be supported by and flow rationally from adequate basic and underlying findings. (b) Basic and underlying findings are those findings on which the ultimate findings rest and which are supported by evidence. Basic and underlying findings are more detailed than the ultimate findings, but less detailed than a summary of evidence. (c) Reasons are those clearly stated grounds upon which the Board or Property Appraiser acted. 16. All decisions made must include the nature of the change made and indicate the just, taxable, and exempt value before and after the change. 17. The Special Magistrate shall render a written recommendation in a form provided by the Clerk of the Board, within five (5) days of the hearing. This recommendation may, but need not, be rendered at the conclusion of the hearing. All recommendations are presented to the Board at a publicly noticed meeting and approved by the Board without further hearing. 18. All final decisions by the Board must be issued within twenty (20) calendar days of the last day the Board is in session, and the cleric, upon issuance thereof, must notify by first class mail each taxpayer, the Property Appraiser and the Department of Revenue of the decision of the Board. If no decision is rendered in a case, the reason therefore must be placed in the records, compiled by the Clerk and maintained along with the verbatim record. Ager.ua item Flo. 16K19 Seotemter 14. 2004 Page i i of 5C rw!'r' HT lop,1, a- SPECIAL MAGISTRATE AGREEMENT PHI c4 THIS AGREEMENT has been made and entered into on this day of Aus ust, 2004, by and between hereinafter referred to as "Special Magistrate," and COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, hereinafter referred to as "SCHOOL BOARD." WITNESSETH 1. Commencement. This Agreement will commence upon execution of this Agreement by the last signing party, and shall terminate upon completion of the assignment and payment for same. 2. Assignment. The Special Magistrate shall conduct hearings on petitions to the Value Adjustment Board regarding exemptions, classifications and untimely petitions for the 2004 tax year. The Special Magistrate will conduct these hearings in accordance with the Rules of Procedure adopted by the Collier County Value Adjustment Board, administrative rules promulgated by the Florida Department of Revenue, and applicable Florida Statutes. The VAB Rules of Procedure are attached hereto as Exhibit A and incorporated herein as a part of this Agreement. These hearings will commence on or after September 29, 2004, and may continue each following day until completed. The Special Magistrate shall prepare in writing his/her findings of fact, conclusions of law, and recommendation to the Value Adjustment Board using the forms approved by the VAB no later than October 9, 2004. The Special Magistrate will be provided with the evidence package for each petition in advance of the scheduled hearing. The Special Magistrate is expected to review these materials to the extent necessary to facilitate his/her review and consideration of the matter at the hearing. The Special Magistrate will be compensated for his /her time subject to the time limitations in Paragraph 4. 3. Standards and Requirements. The Special Magistrate will comply with all Florida laws and administrative rules, and constitutional principles of due process when conducting the value adjustment hearings. The Collier County VAB and the County Attorney may provide additional direction or guidance to the Special Magistrate, such as its Rules and Procedures, for the conduct of the hearings. This guidance will be followed by the Special Magistrate to the extent that such guidance does not impede upon the Special Magistrate's independent decision - making. The Special Magistrate will consider only acceptable appraisal practices when hearing all petitions but shall not engage in the re- appraisal of properties. The Special Magistrate will be responsible for preserving the record and his/her recommendations as required by Florida Statutes, F.A.C. Rule 1213-10, and the VAB A4 . V Ruses of Procedure. All recommendations shall be forwarded to the Clerk to the Board along with the evidentiary record for each hearing. The VAB will be responsible for providing a verbatim transcript and back -up audio recording of all proceedings. The Special Magistrate will be responsible for operating the audio recording equipment, if necessary. By execution of this Agreement, the Special Magistrate represents that s /he meets the requirements of s. 194.035, Fla. Stat. (2003) and will maintain all licensure required by this statute through completion of the Assignment. 4. Compensation. The Special Magistrate will be paid an hourly rate of $ 100.00 for services rendered in accordance with this Agreement. The Special Magistrate will maintain a record of time for his performance under this Agreement and shall submit an invoice to the COUNTY after completion of all scheduled hearings and recommendations to the VAB. This invoice shall be signed and certified by the Special Magistrate as being accurate. Upon receipt of a proper invoice, the COUNTY will pay the Special Magistrate in accordance with s. 218.70, Fla. Stat., otherwise known as the "Florida Prompt Payment Act.' The maximum compensation allowable under this Agreement is $5,000. Any time required for research and preparation beyond the hours required to conduct hearings shall not exceed twice the number of hours required for hearings without documentation of the need for such additional hours and advance approval by the County Attorney's Office. Time spent traveling to the location of the hearing where the distance traveled exceeds 25 miles will be compensated at the hourly rate. The compensation paid to the Special Magistrate shall be bome three -fifths (3i5s) by the COUNTY and two -fifths (2/5s) by the SCHOOL BOARD. After payment of compensation to the Special Magistrate, the COUNTY will calculate the SCHOOL BOARD's share of the compensation paid and prepare an invoice for the SCHOOL BOARD. The SCHOOL BOARD agrees to pay the COUNTY within thirty (30) days of receipt of this invoice. 5. Costs and Expenses. The COUNTY and SCHOOL BOARD shall provide the hearing rooms for all Special Magistrate hearings and shall be responsible for the costs of recording all hearings before the Special Magistrate. The COUNTY and SCHOOL BOARD will provide the Special Magistrate with sufficient forms for the completion of his/her findings of facts and conclusions of law for each bearing. All clerical expenses incurred by the Special Magistrate in the performance of this Agreement shall be the sole responsibility of the Special Magistrate. 6. Termination. If the Special Magistrate fails to perform his/her services in a manner consistent with this Agreement, the COUNTY or SCHOOL BOARD may terminate this Agreement immediately for cause. The COUNTY or SCHOOL BOARD area ita! , !No. 16K 9 meat: mtar 14. 2004 Page 17 of 50 I lgerda !tem No. 13K19 SeptemLer 14, 20-04 Page 13 or 50 reserves the right, in its absolute discretion, to refrain from scheduling any hearings with the Special Magistrate and to discontinue the services of the Special Magistrate at any time for convenience. If the COUNTY or SCHOOL BOARD elect to terminate this Agreement for convenience, such election may be made with no less than 24 hours notice to the Special Magistrate. In recognition of the special time constraints attendant to VAB hearings, the parties hereto agree that 24 hours notice is reasonable in this instance. The COUNTY or SCHOOL BOARD shall be the sole judge of non - performance. The COUNTY and SCHOOL BOARD do not warrant that the Special Magistrate will be scheduled to serve any particular number of days or hear any number of cases. 7. No Improper Use. The Special Magistrate agrees he/she will not use, or suffer or permit any person to use in any manner, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule order or regulation. In the event of such violation by the Special Magistrate, the COUNTY shall have the right to suspend further work by the Special Magistrate or terminate this Agreement. 8. Unlawful Solicitation and Assignment of Agreement. By execution of this agreement, the Special Magistrate warrants that he/she has not employed, retained, paid or agreed to pay any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement. Special Magistrate further warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer, agent, employee, subcontractor, or consultant to the Special Magistrate in connection with any services performed under the terms of this Agreement. Special Magistrate further warrants that there shall be no transfer or assignment of any part of this Agreement, except with the express written approval of the COUNTY and SCHOOL BOARD. 9. Relationship. Nothing contained herein shall create or be construed as creating a partnership between either the COUNTY or SCHOOL BOARD and the Special Magistrate. Nor shall this Agreement be construed as to constitute the Special Magistrate as an agent or employee of the COUNTY or SCHOOL BOARD. 10. Non - discrimination. No person on the grounds of handicap, sex, race, color, religion, national original or age, will be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of this Agreement. 11. Records. The Special Magistrate shall maintain records of all accounts, invoices for reimbursable expenses and supporting documentation for nay research or reports, for a period of five (5) years from completing the performance of this Agreement. Such records shall be sufficient to permit a proper pre- and post -audit in accordance with - :c .'r'7 1I,-- - No. oK19 temcer 14, 2004 je19of generally accepted accounting practices. The Special Magistrate will permit the inspection of such records at the location where they are kept after reasonable notice. The Special Magistrate shall allow public access to all documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. 12. Interpretation and Construction. This Agreement shall be governed by, and construed in accordance with, the laws of the state of Florida; and this written Agreement along with the 2004 Application for Appraiser Special Magistrate submitted by the undersigned party, which is incorporated herein by reference, shall constitute the entire agreement between the parties, and there are no other prior or contemporaneous, oral or written agreements, understandings or promises related to this Agreement. This Agreement may be modified only by written amendment executed by all parties hereto. 13. Amendment. This Agreement may be amended only with the written approval of all parties. 14. Notice. When any party desires to give notice to the other, it must be given in writing and sent by regular mail or facsimile to the party for whom it is intended, as specified below: COLLIER COUNTY SCHOOL BOARD c'o Ellen T. Chadwell c/o Steve Fain, Finance Director Office of County Attorney 5775 Osceola Trail 3301 Tarniami Trail East Naples, Florida 34109 -0919 31" Floor (Bldg F) Naples, Florida 34112 Facsimile: (239) 774 -0225 SPECIAL MAGISTRATE Marianne Kantor Post Office Box 50427 Fort Myers, Florida 33994 Facsimile: (239) 694 -6292 15. Governing Law. This Agreement shall be governed by Florida law F1 cenda Item i'�lo. 1 rK 1 ✓ September 14, 2C04 Page 20 c.f 50, IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. As to SPECIAL MAGISTRATE: DATE: As to COUNTY: DATE: ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk As to SCHOOL BOARD: DATE: V-1 Appro* as to form 6 legal sufficient! Assistant County Attorney Ellen '% Ctmdw11 By: i — IA BOARD OF COUNTY COMNIISSIONERS OF COLLIER COUNTY By: DONNA FIALA, Chairman COLLIER COUNTY DISTRICT SCHOOL BOARD By ST E FAIN, Financial Officer Collier County District School Board ue! da I em Lc. I6K19 Seolember 14, 2004 Page 21 cf 50 EXHIBIT VALUE ADJUST'NIENT BOARD RULES OF PROCEDURE CHAPTER 1: ORGANIZATION 1. The Board is a separate and distinct governmental body created by statute and is composed of three members of the Board of County Commissioners and two School Board Members. 2. One of the County Commissioners is required to the elected as Chairman of the Board. 3. The members of the Board may be temporarily replaced by other members of the respective boards (i.e. the Commission and School Board) on appointment by their respective chairpersons. 4. Any three members of the Board constitute a quorum, except that each quorum must include at least one Commissioner and one School Board member. No meeting of the Board can take place without a quorum. S. Two- fifths on the expenses of the Board are borne by the School Board and three - fifths by the County Commission. 6. As used herein, the word "Board' may include "Special Magistrates. CHAPTER 2: POWERS AND DUTIES 1. The Board must meet not earlier than 30 days, nor later than 60 days after the mailing of the "Notices of Proposed Property Taxes" by the Property Appraiser under section 194.011(1), Florida Statutes; provided, however, that no Board hearing may be held before approval of all or any part of the assessment rolls by the Departments of Revenue. The Board is required to meet for the following purposes: (a) Hearing taxpayers' petitions relating to the amount of assessments. (b) Hearing complaints relating to Homestead exemptions. (c) Hearing appeals from exemptions denied, or disputes arising from exemption granted, upon the filing of exemption applications (i.e. other than Homestead exemptions) (d) Hearing appeals concerting ad valorem tax deferrals and classifications. Notwithstanding the foregoing, the Board may meet prior to the approval of the assessment rolls by the Department of Revenue, but not earlier than July 1, to hear appeals pertaining to the denial by the Property Appraiser of exemptions, agricultural classifications, and deferrals under (b), (c), and (d). In such event, the Board may not certify any assessments under Section 193.122 until after the Department has approved such assessments in accordance with Section 193.1142 and after all hearings have been held with respect to the Particular parcel under appeal. 2. The Board was authorized by state law to impose a filing fee not to exceed $15.00 for each separate parcel of property, real or personal, covered by taxpayers petitions (i.e. with certain exceptions pertaining to denials of Homestead exemption and tax deferrals). Petitions filed without the appropriate filing fee are deemed invalid and must be rejected. 3. The Board is required to appoint special magistrates for the purpose of taking testimony and making recommendations to the Board, which recommendations the Board may act upon without further hearing. The Board has chosen to act upon such recommendations without further hearings. Appeals to the full Board by Taxpayers and the Property Appraiser requesting de novo review of special magistrates" decisions will be denied. Special magistrates must meet the criteria set forth in s. 194.035, Fla. Stat. 4. The Board is required to remain in session from day to day until all petitions, complaints, appeals, and disputes are heard. If all or any part of an assessment roll is disapproved by the Florida Department of Revenue, the Board is required to reconvene to hear petitions, complaints, appeals and disputes filed upon the finally approved roll or part of a roll. 5. The Board has no power to fix the original valuation of property for ad valorem tax purposes or to grant an exemption not authorized by law. The Board is bound by the same standards as the County Property Appraiser in determining value and the granting of exemptions. With certain exceptions, all property, real and personal, must be assessed at fair market value as of January 1 of the tax year. The Board, or its special magistrates, may not reduce an assessment below fair market value (i.e. in order to "equalize it with other assessments), but for purposes of reviewing a petition, the Board may consider assessments among comparable properties within homogeneous area or neighborhoods. 6. The Board has no power to grant relief either by ad;ustment of the value of a property or by the granting of an exemption on the basis of hardship of a particular taxpayer. 7. The Board, in determining the valuation of a specific property, may not consider the ultimate amount of tax required by the various taxing authorities. 8. The powers, authorities, duties and functions of the Board, insofar as they are appropriate, apply equally to real property and tangible personal property. 9. The Board may not extend the time for the filing of peutions. However, the failure to meet the statutory deadline for filing a petition is not a absolute bar to consideration of such a petition by the Board when the Board determines that the petitioner has demonstrated good cause for failure to timely file, justifying consideration, and that the delay will not in fact be prejudicial to he performance of its functions in the taxing process. The issue of whether a petitioner's late filing can demonstrate "good agenda Item No. 1 uK19 September 14, 2,004 page 22 rf 570 taxing process. The issue of whether a petitioner's late filing can demonstrate "good cause” will be heard and determined by the Special Magistrate. If the Special Magistrate finds that good cause has been shown, she/he will proceed to hear the merits of the petition. 10. The Board is required to hear disputed or appealed applications for exemption and must grant such exemptions, in whole or in part, in accordance with the criteria established by law. In addition, the Board may review previously granted exemptions on its own motion or upon motion of the Property Appraiser. Review of an exemption application upon motion of the Board cannot be help heard until the application has had at least five (5) calendar days notices of the Board's intent to review the application. 11. The Board is required to comply with all valid rules and regulations promulgated by the Florida Department of Revenue. CHAPTER 3: PRE - HEARING EVIDENCE EXCHANGE 1. At least 10 days before the scheduled hearing, the taxpayer /petitioner must provide the Property Appraiser with a written list and summary of evidence, along with copies of the all documentation to be presented at the hearing. Two copies of the complete package provided to the Property Appraiser must be delivered by the Petitioner to the Clerk to the Board. 2. No later than five (5) days after the Property Appraiser receives the taxpayer /petitioner's documentation, the Property Appraiser must provide the taxpayer /petitioner with a written list and summary of its evidence to be presented at hearing. This list and summary must likewise be accompanied with copies of the documentation to be presented. The evidence list must contain the property record card if provided by the Clerk. When computing the five day period, Saturdays, Sundays and legal holidays shall not be included. 3. if the taxpayer /petitioner does not provide the information to the Property Appraiser at least 10 days prior to the hearing pursuant to Section 1 above, the Property Appraiser need not provide the information to the taxpayer /petitioner pursuant to Section 2. Except that if the Property Appraiser requests in writing any evidentiary materials of the taxpayer /petitioner, and the taxpayer /petitioner refuses to provide the requested materials prior to the hearing, such information shall not be presented or considered at the scheduled hearing by the Special Magistrate or the VAB. (Fla. Stat. 194.034(1)(d)) 4. If the P:opeecy Appraiser does not provide the information within the time required under Section 2, the taxpayer /petitioner will be entitled to reschedule the hearing. In such event, the taxpayer must notify the Clerk no later than twenty -four (24) hours, excluding weekends and holidays, after the day of required production that the Property Appraiser did not fully comply, the details of such non - compliance, and request a reschedule in writing. After receipt of this written notice, the Clerk will re- schedule the hearing. „]�. 'a 'i8m No. l orC19 ` cecua � er 14, 2004 P ?Q2 9_3 n- i 50 Agenda Item No. 16K19 September 14, 2004 Page 24 of 50 5. The documentation exchanged under Section I and 2 above must be delivered by regular or certified mail, personal delivery, overnight mail, facsimile or e-mail. The date of transmission by e-mail or fax to an address provided by the addressee shall be deemed to constitute the date of delivery to the recipient. For such purpose, three e-mail or fax attempts to the address provided by the addressee will be deemed sufficient. If the taxpayer /petitioner designates delivery by U.S. Mail or does not specifica"y designate the desired manner for receiving the Property Appraiser's information, the information shall be deposited into the mail by the Property Appraiser. The taxpayer /petitioner and the Property Appraiser may agree to a different method or timing of the exchange. 6. The information must be sent to the taxpayer /petitioner or agent at the address shown on the petition form; however, it may be submitted to an e -mail or fax address if so indicated by the taxpayer /petitioner. 7. In computing any period of time prescribed by these rules, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. If the tenth day before a hearing is a Saturday, Sunday, or legal holiday, the information under subsection 2 shall be provided no later than the previous business day. 8. The summary of any testimony submitted pursuant to Sections I and 2 shall be sufficiently detailed as to reasonably inform a party of the general subject matter of the witness testimony, and shall contain the name and address of the witness. 9. No taxpayer /petitioner may present nor shall the VAB or a special magistrate accept for consideration any "testimony or other evidentiary materials" that were requested of the taxpayer /petitioner in writing by the Property Appraiser of which the taxpayer "had knowledge and denied to the Property Appraiser" (Section 194.034(1) (d), Florida Statutes.) CHAPTER 4: CONDUCT OF HEARINGS; PROCEDURES 1. Proceedings of the Board must be conducted in compliance with the Florida Sunshine Law (i.e. Section 268.011, Florida Statutes): (a) Reasonable notice must be given to the public prior to a Board meeting. (b) All Board meetings at which any official action may be taken must be help in the open. 2. Board and special magistrate hearings are required to the conducted in accordance with the applicable provisions of Chapter 194 and 196, Florida Statutes, and administrative rules promulgated by the Florida Department of Revenue. Chapter 120, Florida Statutes, does not apply to VAB proceedings, including hearings before the Special Magistrates. I N \ky l._ 3. Upon the filing of a petition by a taxpayer, the Clerk of the Board is required to deliver to the person so filing, an acknowledgment of receipt of such petition and must promptly furnish a copy of same to the Property Appraiser. Late filed petitioner must be noted by the Clerk and brought to he attention of the Board. The only petitions subject to rejection are those not accompanied by the appropriate filing fee under section 194.013. 4. The Clerk of the Board will prepare a schedule of appearances before the Board (Special Magistrates) based on petitions (including applications for Homestead Exemptions denied by the Property Appraiser) timely filed with him. The Clerk must notify each petitioner of the scheduled time of his appearance in writing by U.S. mail or Personal delivery so that the notice is received by the taxpayer no less than twenty (20) calendar days prior to the day of such schedule appearance. The Clerk is deemed to have prima facie complied with such notice requirements if the notice is deposited in the U.S. Mail twenty -five (25) days prior to the day of such scheduled appearance. The Cleric will include a copy of the property record card with the notice in all cases, whether or not requested by the taxpayer. The Clerk will not schedule hearings in personal property cases, unless a return is filed within the time prescribed by the Board. 5. The petitioner has the right to reschedule his or her hearing ONE time by submitting to the Clerk a written request to reschedule NO LESS THAN FIVE (5) calendar days before the day of the originally scheduled hearing_ 6. The Board and its special magistrates act in a quasi-judicial capacity with respect to the conduct of these hearings_ 7. Board members and special magistrates should disqualify themselves on their own initiative or upon motion of any party interest or other cause for which a judge may be recused, with respect to any appeal coming before the Board. S. No Board member or special magistrate should communicate ex pane with any taxpayer or the Property Appraiser relative to the merits of any case. However, this should not preclude a Board member or special magistrate from communicating with a taxpayer or the Property Appraiser for proposes of obtaining additional raw data upon which a finding might be based. Any communications concerning the proper conclusion to be drawn from any such raw data would constitute a discussion of the merits and results in an ex pane communication prohibited by law. 9. (a) Any taxpayer may be represented by an attorney or agent before the Board or special magistrate, or may appear on his own behalf. (b) A condominium homeowners' association (or qualified incorporated mobile home park association) may appear before the Board or Special Magistrate to present testimony and evidence regarding the assessment of condominium units which said association represents. Said testimony and evidence must also be considered by the Board or Special Magistrate with respect to petitions filed by individual condominium unit owners, unless the owner requests otherwise. Benda item No. 16K19 September 14, 2004 Page 25 of 50 Agenda Item No. 16K19 September 14, 2004 Page 26 of 50 10. (a) Irrelevant, immaterial or unduly repetitious evidence may be excluded by the Board or special magistrate but all other evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs is admissible, whether or not such evidence would be admissible in a court of law. (b) Any part of a taxpayer's evidence may be received in written from, and all testimony of parties and witnesses is required to be made under oath upon the request of either party. The Special Magistrate or court reporter will administer the oath to all persons providing testimony, including parties. Witnesses for either party may be cross —examined by the other party when testimony is taken. (c) Hearsay evidence may be admitted for the purpose of supplementing or explaining other evidence, but it is not sufficient in itself to support a finding unless it would be admissible over objection in a civil action in the courts of this State. 11. The Property Appraiser's determinations are entitled to a "presumption of correctness ", and petitioning taxpayers have the burden to prove that the Property Appraiser's determinations are incorrect. (a) In the non - valuation cases (e.g. exemption and agricultural classification cases), this presumption of correctness can be property rebutted only by evidence which excludes very reasonable hypothesis of a legal assessment. (b) In valuation cases, the Property Appraiser's valuation is still presumed correct, but the presumption is lost if the taxpayer establishes by a preponderance of the evidence that either the Property Appraiser (a) failed to property consider all of the valuation criteria mandated by statute in computing the assessment, or (b) derived the assessment arbitrarily based on appraisal practices different from those generally applied to comparable property within the same class and county. If the taxpayer overcomes the initial presumption of correctness, in the forgoing manner, he or she then has the burden to prove by a preponderance of the evidence that the assessment exceeds fair marker value. If, however, the taxpayer cannot overcome the property appraiser 's initial presumption of correctness, then the taxpayer, in order to obtain relief, must prove that the assessment is excessive by clear and convincing evidence. In no case involving valuation, however, does the taxpayer have the burden of proving that the assessment is "not supported by any reasonable hypothesis of a legal assessment." 12. If the Property Appraiser's assessed value is determined to be erroneous, the VAB can establish the assessment if there exists competent, substantial evidence in the record. If not, the VAB must remand to the Property Appraiser with the appropriate directions for a redetermination of value. 13. The Clerk of the Board is required to maintain a verbatim record of all proceedings and must preserve all documentary evidence and listings for a period of not less than four (4) years. The Board and its special magistrates should insist that all documentary evidence relied upon by any party be incorporated into the Board's files. In r the event a party refuses to relinquish possession of any such documentary evidence, the Board and its special magistrates should not consider the same in making a finding of fact or conclusion of law_ 14. No petitioner may present, nor may the Board or special magistrate accept, testimony or other evidentiary materials for consideration that were requested of the petitioner in writing by the Property Appraiser of which the petitioner had knowledge, and denied to the Property Appraiser. No evidence shall be considered by the Board or special magistrate except when presented during the time scheduled for the petitioner's heating, or at a time when the petitioner has been given reasonable notice. 15. Every decision of the Board or recommendation by a Special Magistrate must contain specific and detailed findings of fact, including both ultimate findings of fact and basic and underlying findings of fact. Each basic and underlying finding must be properly annotated to its supporting evidence. (a) An ultimate finding is a determination of fact is usually expressed in the language of a statutory standard and must be supported by and flow rationally from adequate basic and underlying findings. (b) Basic and underlying findings are those findings on which the ultimate findings rest and which are supported by evidence. Basic and underlying findings are more detailed than the ultimate findings, but less detailed than a summary of evidence. (c) Reasons are those clearly stated grounds upon which the Board or Property Appraiser acted. 16. All decisions made must include the nature of the change made and indicate the just, taxable, and exempt value before and after the change. IT The Special Magistrate shall render a written recommendation in a form provided by the Clerk of the Board, within five (5) days of the hearing. This recommendation may, but need not, be rendered at the conclusion of the heating. All recommendations are presented to the Board at a publicly noticed meeting and approved by the Board without further hearing. 18. All final decisions by the Board must be issued within twenty (20) calendar days of the last day the Board is in session, and the clerk, upon issuance thereof, must notify by first class mail each taxpayer, the Property Appraiser and the Department of Revenue of the decision of the Board. If no decision is rendered in a case, the reason therefore must be placed in the records, compiled by the Clerk and maintained along with the verbatim record. agenda item No. 16K19 September 14, 2004 Page 27 of 50 :7aenda Item No. 16K19 September 14, 2004 Page 28 of 50 SPECIAL MAGISTRATE AGREEMENT 23Q4 JU! 33 P;r 1: 31 THIS AGREEMENTJIas been made d entered into on thisKfeTed ay of August, 2004, by and between F G D C hereinafter o a s "Special Magistrate," and COLLIER COUNTY, political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, hereinafter referred to as "SCHOOL BOARD." WITNESSETH 1. Commencement. This Agreement will commence upon execution of this Agreement by the last signing party, and shall terminate upon completion of the assignment and payment for same. 2. Assignment. The Special Magistrate shall conduct hearings on petitions to the Value Adjustment Board regarding valuation of real estate or tangible personal property for the 2004 tax year. The Special Ma 'strate will conduct these hearings in accordance with the Rules of Procedure adopted y the Collier County Value Adjustment Board, administrative rules promulgated by the Florida Department of Revenue, and applicable Florida Statutes. The VAB Rules of Procedure are attached hereto as Exhibit A and incorporated herein as a part of this Agreement. These hearings will commence on or after October 6, 2004, and may continue each following day until completed. The Special Magistrate shall prepare in writing his/her findings of fact, conclusions of law, and recommendation to the Value Adjustment Board using the forms approved by the VAB no later than October 9, 2004. Time is of the essence in this regard as the VAB intends to meet on October 15, 2004, for purposes of adopting all recommendations by its VAB Special Magistrates. To the extent reasonably possible the Special Magistrate will render his recommendation within 48 hours, but, in no event, more than five (5) days after the hearing. The Special Magistrate shall be compensated on an hourly basis for the time needed to complete his recommendations subject to the time limitations imposed in Paragraph 4 below. The Special Magistrate will be provided with the evidence package for each petition in advance of the scheduled hearing. The Special Magistrate is expected to review these materials to the extent necessary to facilitate his/her review and consideration of the matter at the hearing. The Special Magistrate will be compensated for his/her time subject to the time limitations in Paragraph 4. 3. Standards and Requirements. The Special Magistrate will comply with all Florida laws and administrative rules, and constitutional principles of due process when conducting the value adjustment hearings. The Collier County VAB and the County Attorney may provide additional direction or guidance to the Special Magistrate, such as its Rules and Procedures, for the conduct of the hearings. This guidance will be followed by the Special Magistrate to the extent that such guidance does not impede upon the Special Magistrate's independent decision- making. The Special Magistrate will consider only acceptable appraisal practices when hearing all petitions but shall not engage in the re- appraisal of properties. The Special Magistrate will be responsible for preserving the record and his/her recommendations as required by Florida Statutes, F.A.C. Rule 1213-10, and the VAB Rules of Procedure. All recommendations shall be forwarded to the Clerk to the Board along with the evidentiary record for each hearing. The VAB will be responsible for providing a verbatim transcript and back -up audio recording of all proceedings. The Special Magistrate will be responsible for operating the audio recording equipment, if necessary. By execution of this Agreement, the Special Magistrate represents that s/he meets the requirements of s. 194.035, Fla. Stat. (2003) and will maintain all licensure required by this statute through completion of the Assignment. 4. Compensation. The Special Magistrate will be paid an hourly rate of $ 100.00 for services rendered in accordance with this Agreement. The Special Magistrate will maintain a record of time for his performance under this Agreement and shall submit an invoice to the COUNTY after completion of all scheduled hearings and recommendations to the VAS. This invoice shall be signed and certified by the Special Magistrate as being accurate. Upon receipt of a proper invoice, the COUNTY will pay the Special Magistrate in accordance with s. 218.70, Fla. Stat_, otherwise known as the "Florida Prompt Payment Act." The maximum compensation allowable under this Agreement is $5,000. Any time required for research and preparation beyond the hours required to conduct hearings shall not exceed twice the number of hours required for hearings without documentation of the need for such additional hours and advance approval by the County Attorney's Office. Time spent for travel in excess of 25 miles to the location of the hearings will be compensated for at the hourly rate. The compensation paid to the Special Magistrate shall be borne three - fifths (3 /5s) by the COUNTY and two-fifths (2/5s) by the SCHOOL BOARD. After payment of compensation to the Special Magistrate, the COUNTY will calculate the SCHOOL BOARD's share of the compensation paid and prepare an invoice for the SCHOOL BOARD. The SCHOOL BOARD agrees to pay the COUNTY within thirty (30) days of receipt of this invoice. 5. Costs and Expenses. The COUNTY and SCHOOL BOARD shall provide the hearing rooms for all Special Magistrate hearings and shall be responsible for the costs of recording all hearings before the Special Magistrate. The COUNTY and SCHOOL BOARD will provide the Special Magistrate with sufficient forms for the completion of his/her findings of facts and conclusions of law for each hearing. All clerical expenses Agenda Item No. 16K19 SertemLer 14, 2004 Page 29 of 50 Agenda Item No. 16K19 September 14, 2004 Page 30 of 50 incurred by the Special Magistrate in the performance of this Agreement shall be the sole responsibility of the Special Magistrate. 6. Termination. If the Special Magistrate fails to perform his/her services in a manner consistent with this Agreement, the COUNTY or SCHOOL BOARD may terminate this Agreement immediately for cause. The COUNTY or SCHOOL BOARD reserves the right, in its absolute discretion, to refrain from scheduling any hearings with the Special Magistrate and to discontinue the services of the Special Magistrate at any time for convenience. If the COUNTY or SCHOOL BOARD elect to terminate this Agreement for convenience, such election may be made with no less than 24 hours notice to the Special Magistrate. In recognition of the special time constraints attendant to VAB hearings, the parties hereto agree that 24 hours notice is reasonable in this instance. The COUNTY or SCHOOL BOARD shall be the sole judge of non - performance. The COUNTY and SCHOOL BOARD do not warrant that the Special Magistrate will be scheduled to serve any particular number of days or hear any number of cases. 7. No Improper Use. The Special Magistrate agrees he/she will not use, or suffer or permit any person to use in any manner, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule order or regulation In the event of such violation by the Special Magistrate, the COUNTY shall have the right to suspend further work by the Special Magistrate or terminate this Agreement. 8. Unlawful Solicitation and Assignment of Agreement. By execution of this agreement, the Special Magistrate warrants that he/she has not employed, retained, paid or agreed to pay any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement_ Special Magistrate further warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer, agent, employee, subcontractor, or consultant to the Special Magistrate in connection with any services performed under the terms of this Agreement. Special Magistrate further warrants that there shall be no transfer or assignment of any part of this Agreement, except with the express written approval of the COUNTY and SCHOOL BOARD_ Insurance. The Special Magistrate shall provide insurance during the t this A nt as follows: / (a} Co mprehe .' eneral liability cove including bodily injury and property damage, mart- Mess than $300,000 combined single I The COUNTY shall be as an Additional Insu each policy. Certificates of insurance dem tng compliance with this Paragraphs a provided to the CO o later than September 29, 2004. Agenda Item No. 16K19 September 14; 2004 Page 31 of 50 10. Relationship. Nothing contained herein shall create or be construed as creating a partnership between either the COUNTY or SCHOOL BOARD and the Special Magistrate. Nor shall this Agreement be construed as to constitute the Special Magistrate as an agent or employee of the COUNTY or SCHOOL BOARD. 11. Indemnification. Special Magistrate agrees to indemnify, hold harmless and defend the COUNTY and SCHOOL BOARD, their agents and employees from all suits, claims, liabilities and actions, including attorneys' fees and litigation costs, and all judgments of every name and description, brought against the COUNTY as a result of loss, damage or injury to persons or property by reason of any act or failure to act by Special Magistrate, its agents or employees_ This provision does not apply to the filing of an appeal from a value adjustment decision by a petitioning taxpayer, as provided by s. I94.036, and s. 194.017 1. Fla. Stat. 12. Non - discrimination. No person on the grounds of handicap, sex, race, color, religion, national original or age, will be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of this Agreement. 13. Records. The Special Magistrate shall maintain records of all accounts, invoices for reimbursable expenses and supporting documentation for nay research or reports, for a period of five (5) years from completing the performance of this Agreement. Such records shall be sufficient to permit a proper pre- and post -audit in accordance with generally accepted accounting practices. The Special Magistrate will permit the inspection of such records at the location where they are kept after reasonable notice. The Special Magistrate shall allow public access to all documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. 14. Interpretation and Construction. This Agreement shall be governed by, and construed in accordance with, the laws of the state of Florida; and this written Agreement along with the 2004 Application for Appraiser Special Magistrate submitted by the undersigned party, which is incorporated herein by reference, shall constitute the entire agreement between the parties, and there are no other prior or contemporaneous, oral or written agreements, understandings or promises related to this Agreement. This Agreement may be modified only by written amendment executed by all parties hereto. 15. Amendment. This Agreement may be amended only with the written approval of All parties. 16. Notice. When any party desires to give notice to the other, it must be given in writing and sent by regular mail or facsimile to the party for whom it is intended, as specified below: Agenda item No. 16K19 September 14, 2004 Page 32 of 50 EXHIBIT VALUE ADJUSTMENT BOARD RULES OF PROCEDURE CHAPTER 1: ORGANIZATION 1. The Board is a separate and distinct governmental body created by statute and is composed of three members of the Board of County Commissioners and two School Board Members. 2. One of the County Commissioners is required to the elected as Chairman of the Board. 3. The members of the Board may be temporarily replaced by other members of the respective boards (i.e. the Commission and School Board) on appointment by their respective chairpersons. 4. Any three members of the Board constitute a quorum, except that each quorum must include at least one Commissioner and one School Board member. No meeting of the Board can take place without a quorum. 5. Two - fifths on the expenses of the Board are borne by the School Board and three - fifths by the County Commission. 6. As used herein, the word "Board" may include "Special Magistrates." CHAPTER 2: POWERS AND DUTIES 1. The Board must meet not earlier than 30 days, nor later than 60 days after the mailing of the "Notices of Proposed Property Taxes" by the Property Appraiser under section 194.01](1), Florida Statutes; provided, however, that no Board hearing may be held before approval of all or any part of the assessment rolls by the Departments of Revenue. The Board is required to meet for the following purposes: (a) Hearing taxpayers' petitions relating to the amount of assessments. (b) Hearing complaints relating to Homestead exemptions. (c) Hearing appeals from exemptions denied, or disputes arising from exemption granted, upon the filing of exemption applications (i.e. other than Homestead exemptions) (d) Hearing appeals concerning ad valorem tax deferrals and classifications. Notwithstanding the foregoing, the Board may meet prior to the approval of the assessment rolls by the Department of Revenue, but not earlier than July 1, to hear appeals pertaining to the denial by the Property Appraiser of exemptions, agricultural Agenda Item No. 18K19 September 14, 2004 Page 33 of 50 classifications, and deferrals under (b), (c), and (d). In such event, the Board may not certify any assessments under Section 193.122 until after the Department has approved such assessments in accordance with Section 193.1142 and after all hearings have been held with respect to the Particular parcel under appeal. 2_ The Board was authorized by state law to impose a filing fee not to exceed $15.00 for each separate parcel of property, real or personal, covered by taxpayers petitions (i.e. with certain exceptions pertaining to denials of Homestead exemption and tax deferrals). Petitions filed without the appropriate filing fee are deemed invalid and must be rejected. 3. The Board is required to appoint special magistrates for the purpose of taking testimony and making recommendations to the Board, which recommendations the Board may act upon without further hearing. The Board has chosen to act upon such recommendations without further hearings. Appeals to the full Board by Taxpayers and the Property Appraiser requesting de novo review of special magistrates" decisions will be denied. Special magistrates must meet the criteria set forth in s. 194.035, Fla. Stat. 4. The Board is required to remain in session from day to day until all petitions, complaints, appeals, and disputes are heard. If all or any part of an assessment roll is disapproved by the Florida Department of Revenue, the Board is required to reconvene to hear petitions, complaints, appeals and disputes filed upon the finally approved roll or part of a roll. 5. The Board has no power to fix the original valuation of property for ad valorem tax purposes or to grant an exemption not authorized by law. The Board is bound by the same standards as the County Property Appraiser in determining value and the granting of exemptions. With certain exceptions, all property, real and personal, must be assessed at fair market value as of January 1 of the tax year. The Board, or its special magistrates, may not reduce an assessment below fair market value (i.e_ in order to "equalize" it with other assessments), but for purposes of reviewing a petition, the Board may consider assessments among comparable properties within homogeneous area or neighborhoods. 6. The Board has no power to grant relief either by adjustment of the value of a property or by the granting of an exemption on the basis of hardship of a particular taxpayer. 7_ The Board, in determining the valuation of a specific property, may not consider the ultimate amount of tax required by the various taxing authorities. 8. The powers, authorities, duties and functions of the Board, insofar as they are appropriate, apply equally to real property and tangible personal property. 9. The Board may not extend the time for the filing of petitions. However, the failure to meet the statutory deadline for filing a petition is not a absolute bar to consideration of such a petition by the Board when the Board determines that the petitioner has demonstrated good cause for failure to timely file, justifying consideration, and that the delay will not in fact be prejudicial to he performance of its functions in the taxing process. The issue of whether a petitioner's late filing can demonstrate "good Agenda Item No. 16K19 September 14, 2004 Page 34 of SO cause" will be heard and determined by the Special Magistrate. If the Special Magistrate finds that good cause has been shown, she/he will proceed to hear the merits of the petition. 10. The Board is required to hear disputed or appealed applications for exemption and must grant such exemptions, in whole or in part, in accordance with the criteria established by law. In addition, the Board may review previously granted exemptions on its own motion or upon motion of the Property Appraiser_ Review of an exemption application upon motion of the Board cannot be help heard until the application has had at least five (5) calendar days notices of the Board's intent to review the application. 11_ The Board is required to comply with all valid rules and regulations promulgated by the Florida Department of Revenue. CHAPTER 3: PRE - HEARING EVIDENCE EXCHANGE 1. At least 10 days before the scheduled hearing, the taxpayer /petitioner must provide the Property Appraiser with a written list and summary of evidence, along with copies of the all documentation to he presented at the hearing. Two copies of the complete package provided to the Property Appraiser must be delivered by the Petitioner to the Clerk to the Board. 2. No later than five (5) days after the Property Appraiser receives the taxpayer /petitioner's documentation, the Property Appraiser must provide the taxpayer /petitioner with a written list and summary of its evidence to be presented at hearing. This list and summary must likewise be accompanied with copies of the documentation to be presented. The evidence list must contain the property record card if provided by the Clerk. When computing the five day period, Saturdays, Sundays and legal holidays shall not be included. 3. If the taxpayerlpetitioner does not provide the information to the Property Appraiser at least 10 days prior to the hearing pursuant to Section 1 above, the Property Appraiser need not provide the information to the taxpayerlpetitioner pursuant to Section 2. Except that if the Property Appraiser requests in writing any evidentiary materials of the taxpayer /petitioner, and the taxpayer /petitioner refuses to provide the requested materials prior to the hearing, such information shall not be presented or considered at the scheduled hearing by the Special Magistrate or the VAB. (Fla_ Star. 194.034(1)(d)) 4. If the Property Appraiser does not provide the information within the time required under Section 2, the taxpayer /petitioner will be entitled to reschedule the hearing. In such event, the taxpayer must notify the Clerk no later than twenty -four (24) hours, excluding weekends and holidays, after the day of required production that the Property Appraiser did not fully comply, the details of such non - compliance, and request a reschedule in writing. After receipt of this written notice, the Clerk will re- schedule the heari ng. 5. The documentation exchanged under Section I and 2 above must be delivered by regular or certified mail, personal delivery, overnight mail, facsimile or e-mail. The date Agenda Item No_ 13K19 September 14, 2004 Page 35 of 50 of transmission by e-mail or fax to an address provided by the addressee shall be deemed to constitute the date of delivery to the recipient. For such purpose, three e-mail or fax attempts to the address provided by the addressee will be deemed sufficient. If the taxpayer/petitioner designates delivery by U.S. Mail or does not specifically designate the desired manner for receiving the Property Appraiser's information, the information shall be deposited into the mail by the Property Appraiser. The taxpayer /petitioner and the Property Appraiser may agree to a different method or timing of the exchange. 6. The information must be sent to the taxpayer /petitioner or agent at the address shown on the petition form; however, it may be submitted to an e-mail or fax address if so indicated by the taxpayer /petitioner. 7. In computing any period of time prescribed by these rules, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday_ if the tenth day before a hearing is a Saturday, Sunday, or legal holiday, the information under subsection 2 shall be provided no later than the previous business day. S. The summary of any testimony submitted pursuant to Sections 1 and 2 shall be sufficiently detailed as to reasonably inform a party of the general subject matter of the witness testimony, and shall contain the name and address of the witness. 9. No taxpayerlpetitioner may present nor shall the VAB or a special magistrate accept for consideration any "testimony or other evidentiary materials" that were requested of the taxpayerlpetitioner in writing by the Property Appraiser of which the taxpayer "had knowledge and denied to the Property Appraiser." (Section 194.034(1) (d), Florida Statutes.) CHAPTER 4: CONDUCT OF HEARINGS; PROCEDURES 1. Proceedings of the Board must be conducted in compliance with the Florida Sunshine Law (i.e. Section 268.011, Florida Statutes): (a) Reasonable notice must be given to the public prior to a Board meeting. (b) All Board meetings at which any official action may be taken must be help in the open. 2. Board and special magistrate hearings are required to the conducted in accordance with the applicable provisions of Chapter 194 and 196, Florida Statutes, and administrative rules promulgated by the Florida Department of Revenue. Chapter 120, Florida Statutes, does not apply to VAB proceedings, including hearings before the Special Magistrates. 3. Upon the filing of a petition by a taxpayer, the Clerk of the Board is required to deliver to the person so filing, an acknowledgment of receipt of such petition and must Agenda Item No. 16K19 September 14, 2004 Page 36 of 50 promptly furnish a copy of same to the Property Appraiser. Late filed petitioner must be noted by the Clerk and brought to he attention of the Board. The only petitions subject to rejection are those not accompanied by the appropriate filing fee under section 194.013. 4_ The Clerk of the Board will prepare a schedule of appearances before the Board (Special Magistrates) based on petitions (including applications for Homestead Exemptions denied by the Property Appraiser) timely filed with him. The Clerk must notify each petitioner of the scheduled time of his appearance in writing by U.S. mail or Personal delivery so that the notice is received by the taxpayer no less than twenty (20) calendar days prior to the day of such schedule appearance. The Clerk is deemed to have prima facie complied with such notice requirements if the notice is deposited in the U.S. Mail twenty -five (25) days prior to the day of such scheduled appearance. The Clerk will include a copy of the property record card with the notice in all cases, whether or not requested by the taxpayer. The Clerk will not schedule hearings in personal prouerty cases, unless a return is filed within the time prescribed by the Board. 5. The petitioner has the right to reschedule his or her hearing ONE time by submitting to the Clerk a written request to reschedule NO LESS THAN FIVE (5) calendar days before the day of the originally scheduled hearing. 6. The Board and its special magistrates act in a quasi-judicial capacity with respect to the conduct of these hearings. 7. Board members and special magistrates should disqualify themselves on their own initiative or upon motion of any party interest or other cause for which a judge may be recused, with respect to any appeal coming before the Board. 8. No Board member or special magistrate should communicate ex parte with any taxpayer or the Property Appraiser relative to the merits of any case. However, this should not preclude a Board member or special magistrate from communicating with a taxpayer or the Property Appraiser for proposes of obtaining additional raw data upon which a finding might be based. Any communications concerning the prover conclusion to be drawn from any such raw data would constitute a discussion of the merits and results in an ex pane communication prohibited by law. 9. (a) Any taxpayer may be represented by an attorney or agent before the Board or special magistrate, or may appear on his own behalf. (b) A condominium homeowners' association (or qualified incorporated mobile home park association) may appear before the Board or Special Magistrate to present testimony and evidence regarding the assessment of condominium units which said association represents. Said testimony and evidence must also be considered by the Board or Special Magistrate with respect to petitions filed by individual condominium unit owners, unless the owner requests otherwise. 10. (a) Irrelevant, immaterial or unduly repetitious evidence may be excluded by the Board or special magistrate but all other evidence of a type commonly relied Agenda Item No. 15K19 September 14, 2004 Page 37 of 50 upon by reasonable prudent persons in the conduct of their affairs is admissible, whether or not such evidence would be admissible in a court of law. (b) Any part of a taxpayer's evidence may be received in written from, and all testimony of parties and witnesses is required to be made under oath upon the request of either party. The Special Magistrate or court reporter will administer the oath to all persons providing testimony, including parties. Witnesses for either party may be cross -- examined by the other party when testimony is taken. (c) Hearsay evidence may be admitted for the purpose of supplementing or explaining other evidence, but it is not sufficient in itself to support a finding unless it would be admissible over ob jection in a civil action in the courts of this State. 11. The Property Appraiser's determinations are entitled to a "presumption of correctness ", and petitioning taxpayers have the burden to prove that the Property Appraiser's determinations are incorrect. (a) In the non - valuation cases (e-g. exemption and agricultural classification cases), this presumption of correctness can be property rebutted only by evidence which excludes very reasonable hypothesis of a legal assessment. (b) In valuation cases, the Property Appraiser's valuation is still presumed correct, but the presumption is lost if the taxpayer establishes by a preponderance of the evidence that either the Property Appraiser (a) failed to property consider all of the valuation criteria mandated by statute in computing the assessment, or (b) derived the assessment arbitrarily based on appraisal practices different from those generally applied to comparable property within the same class and county. If the taxpayer overcomes the initial presumption of correctness, in the forgoing manner, he or she then has the burden to prove by a preponderance of the evidence that the assessment exceeds fair marker value. If, however, the taxpayer cannot overcome the property appraiser 's initial presumption of correctness, then the taxpayer, in order to obtain relief, must prove that the assessment is excessive by clear and convincing evidence. In no case involving valuati on, however, does the taxpayer have the burden of proving that the assessment is "not supported by any reasonable hypothesis of a legal assessment." 12. If the Property Appraiser's assessed value is determined to be erroneous, the VAB can establish the assessment if there exists competent, substantial evidence in the record. If not, the VAB must remand to the Property Appraiser with the appropriate directions for a redetermination of value. 13. The Clerk of the Board is required to maintain a verbatim record of all proceedings and must preserve all documentary evidence and listings for a period of not less than four (4) years. The Board and its special magistrates should insist that all documentary evidence relied upon by any party be incorporated into the Board's files. In the event a party refuses to relinquish possession of any such documentary evidence, the Agenda Item No. 16K19 September 14, 2004 Page 38 of 50 Board and its special magistrates should not consider the same in making a finding of fact or conclusion of law. 14. No petitioner may present, nor may the Board or special magistrate accept, testimony or other evidentiary materials for consideration that were requested of the petitioner in writing by the Property Appraiser of which the petitioner had knowledge, and denied to the Property Appraiser_ No evidence shall be considered by the Board or special magistrate except when presented during the time scheduled for the petitioner's hearing, or at a time when the petitioner has been given reasonable notice. 15. Every decision of the Board or recommendation by a Special Magistrate must contain specific and detailed findings of fact, including both ultimate findings of fact and basic and underlying findings of fact. Each basic and underlying finding must be properly annotated to its supporting evidence. (a) An ultimate finding is a determination of fact is usually expressed in the language of a statutory standard and must be supported by and flow rationally from adequate basic and underlying findings. (b) Basic and underlying findings are those findings on which the ultimate findings rest and which are supported by evidence. Basic and underlying findings are more detailed than the ultimate findings, but less detailed than a summary of evidence. (c) Reasons are those clearly stated grounds upon which the Board or Property Appraiser acted. 16. All decisions made must include the nature of the change made and indicate the .- just, taxable, and exempt value before and after the change. 17. The Special Magistrate shall render a written recommendation in a form provided by the Clerk of the Board, within five (5) days of the hearing. This recommendation may, but need not, be rendered at the conclusion of the hearing. All recommendations are presented to the Board at a publicly noticed meeting and approved by the Board without further hearing. 18. All final decisions by the Board must be issued within twenty (20) calendar days of the last day the Board is in session, and the clerk, upon issuance thereof, must notify by lust class mail each taxpayer, the Property Appraiser and the Department of Revenue of the decision of the Board. If no decision is rendered in a case, the reason therefore must be placed in the records, compiled by the Clerk and maintained along with the verbatim record. i Agenda Item No. 16K19 September 14, 2004 Page 39 of 50 t;k iMY ATTO NE, SPECIAL MAGISTRATE AGREEMENT R AUG -5 PH !-33 THIS AGREEMENT has been made and entered into on this 03 day of Auger, 2004, by and between Yy L%-rk ki fi CDs C hereinafter referred to as "Special Magistrate," and COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, hereinafter referred to as "SCHOOL BOARD." WITNESSETH 1_ Commencement. This Agreement will commence upon execution of this Agreement by the last signing party, and shall terminate upon completion of the assignment and payment for same. 2_ Assignment The Special Magistrate shall conduct hearings on petitions to the Value Adjustment Board regarding valuation of real estate or tangible personal property for the 2004 tax year. The Special Magistrate will conduct these hearings in accordance with the Rules of Procedure adopted by the Collier County Value Adjustment Board, administrative rules promulgated by the Florida Department of Revenue, and applicable Florida Statutes. The VAB Rules of Procedure are attached hereto as Exhibit A and incorporated herein as a part of this Agreement. These hearings will commence on or after October 6, 2004, and may continue each following day until completed The Special Magistrate shall prepare in writing his/her findings of fact, conclusions of law, and recommendation to the Value Adjustment Board using the forms approved by the VAB no later than October 4, 2004. Time is of the essence in this regard as the VAB intends to meet on October 15, 2004, for purposes of adopting all recommendations by its VAB Special Magistrates. To the extent reasonably possible the Special Magistrate will render his recommendation within 48 hours, but, in no event, more than five (5) days after the hearing. The Special Magistrate shall be compensated on an hourly basis for the time needed to complete his recommendations subject to the time limitations imposed in Paragraph 4 below. The Special Magistrate will be provided with the evidence package for each petition in advance of the scheduled hearing. The Special Magistrate is expected to review these materials to the extent necessary to facilitate his/her review and consideration of the matter at the hearing_ The Special Magistrate will be compensated for his/her time subject to the time limitations in Paragraph 4. 1 Standards and Requirements. The Special Magistrate will comply with all Florida laws and administrative rules, and constitutional principles of due process when conducting the value adjustment hearings. The Copier County VAB and the County Attorney may provide additional direction or guidance to the Special Magistrate, such as its Rules and Procedures, for the conduct of the hearings. This guidance will be followed by the Special Magistrate to the extent that such guidance does not impede upon the Agenda Item No. 16K19 September 14, 2004 Page 40 of 50 Special Magistrate's independent decision - making. The Special Magistrate will consider only acceptable appraisal practices when hearing all petitions but shall not engage in the re- appraisal of properties. The Special Magistrate will be responsible for preserving the record and his/her recommendations as required by Florida Statutes, F.A.C. Rule 12D -10, and the VAB Rules of Procedure. All recommendations shall be forwarded to the Clerk to the Board along with the evidentiary record for each hearing. The VAR will be responsible for providing a verbatim transcript and back -up audio recording of all proceedings. The Special Magistrate will be responsible for operating the audio recording equipment, if necessary. By execution of this Agreement, the Special Magistrate represents that sthe meets the requirements of s. 194.035, Fla. Stat. (2003) and will maintain all licensure required by this statute through completion of the Assignment. 4. Compensation. The Special Magistrate will be paid an hourly rate of S 100.00 for services rendered in accordance with this Agreement. The Special Magistrate will maintain a record of time for his performance under this Agreement and shall submit an invoice to the COUNTY after completion of all scheduled hearings and recommendations to the VAB. This invoice shall be signed and certified by the Special Magistrate as being accurate. Upon receipt of a proper invoice, the COUNTY will pay the Special Magistrate in accordance with s. 218.70, Fla. Stat., otherwise known as the "Florida Prompt Payment Act." The madmum compensation allowable under this Agreement is $5,000. Any time required for research and preparation beyond the hours required to conduct hearings shall not exceed twice the number of hours required for hearings without documentation of the need for such additional hours and advance approval by the County Attorney's Office. Time spent for travel in excess of 25 miles to the location of the hearings will be compensated for at the hourly rate. The compensation paid to the Special Magistrate shall be borne three -fifths (3/5s) by the COUNTY and two-fifths (215s) by the SCHOOL BOARD. After payment of compensation to the Special Magistrate, the COUNTY will calculate the SCHOOL BOARD's share of the compensation paid and prepare an invoice for the SCHOOL BOARD. The SCHOOL BOARD agrees to pay the COUNTY within thirty (30) days of receipt of this invoice. 5. Coats and Expenses. The COUNTY and SCHOOL BOARD shall provide the hearing rooms for all Special Magistrate hearings and shall be responsible for the costs of recording all hearings before the Special Magistrate. The COUNTY and SCHOOL BOARD will provide the Special Magistrate with sufficient forms for the completion of his/her findings of facts and conclusions of law for each hearing. All clerical expenses Agenda Item No. 16K19 September 14, 2004 Page 41 of 50 insured by the Special Magistrate in the performance of this Agreement shall be the sole responsibility of the Special Magistrate. 6. Termination. If the Special Magistrate fails to perform his/her services in a manner consistent with this Agreement, the COUNTY or SCHOOL BOARD may terminate this Agreement immediately for cause. The COUNTY or SCHOOL BOARD reserves the right, in its absolute discretion, to refrain from scheduling any hearings with the Special Magistrate and to discontinue the services of the Special Magistrate at any time for convenience. If the COUNTY or SCHOOL BOARD elect to terminate this Agreement for convenience, such election may be made with no less than 24 hours notice to the Special Magistrate. In recognition of the special time constraints attendant to VAB hearings, the parties hereto agree that 24 hours notice is reasonable in this instance. The COUNTY or SCHOOL BOARD shall be the sole judge of twn- performance. The COUNTY and SCHOOL BOARD do not warrant that the Special Magistrate will be scheduled to serve any particular number of days or hear any number of cases. 7. No Improper Use. The Special Magistrate agrees he/she will not use, or suffer or permit any person to use in any manner, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule order or regulation. In the event of such violation by the Special Magistrate, the COUNTY shall have the right to suspend further work by the Special Magistrate or terminate this Agreement. 8. Unlawful Solicitation and Assignment of Agreement. By execution of this agreement, the Special Magistrate warrants that he/she has not employed, retained, paid or agreed to pay any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement. Special Magistrate further warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer, agent, employee, subcontractor, or consultant to the Special Magistrate in connection with any services performed under the terms of this Agreement. Special Magistrate further warrants that there shall be no transfer or assignment of any part of this Agreement, except with the express written approval of the COUNTY and SCHOOL BOARD. 9. Relationship. Nothing contained herein shall create or be construed as creating a partnership between either the COUNTY or SCHOOL BOARD and the Special Magistrate. Nor shall this Agreement be construed as to constitute the Special Magistrate as an agent or employee of the COUNTY or SCHOOL BOARD. 10. Indemnification. Special Magistrate agrees to indemnify, hold harmless and defend the COUNTY and SCHOOL BOARD, their agents and employees from all suits, claims, liabilities and actions, including attorneys' fees and litigation costs, and all judgments of every name and description, brought against the COUNTY as a result of Agenda Item No, 16K19 September 14, 2004 Page 42 of 50 loss, damage or injury to persons or property by reason of any act or failure to act by Special Magistrate, its agents or employees. This provision does not apply to the filing of an appeal from a value adjustment decision by a petitioning taxpayer, as provided by s. 194.036, and s. 194.017 1, Fla. Stat. 11. Non - discrimination No person on the grounds of handicap, sex, race, color, religion, national original or age, will be excluded from participation in, be denied benefits oC or be otherwise subjected to discrimination in the performance of this Agreement. 12. Records. The Special Magistrate shall maintain records of all accounts, invoices for reimbursable expenses and supporting documentation for nay research or reports, for a period of five (5) years from completing the performance of this Agreement. Such records shall be sufficient to permit a proper pre- and post-audit in accordance with generally accepted accounting practices. The Special Magistrate will permit the inspection of such records at the location where they are kept after reasonable notice. The Special Magistrate shall allow public access to all documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. 13. Interpretation and Construction. This Agreement shall be governed by, and construed in accordance with, the laws of the state of Florida; and this written Agreement along with the 2004 Application for Appraiser Special Magistrate submitted by the undersigned party, which is incorporated herein by reference, shall constitute the entire agreement between the parties, and there are no other prior or contemporaneous, oral or written agreements, understandings or promises related to this Agreement. This Agreement may be modified only by written amendment executed by all parties hereto. 14. Amendment. This Agreement may be amended only with the written approval of all parties_ 15. Notice. When any party desires to give notice to the other, it must be given in writing and sera by regular mail or facsimile to the party for whom it is intended, as specified below: COLLIER COUNTY SCHOOL BOARD clo Ellen T. Chadwell c/o Steve Fain, Finance Director Office of County Attorney 5775 Osceola Trail 3301 Tamiami Trail East Naples, Florida 34109 -0919 8m Floor (Bldg F) Naples, Florida 34112 Facsimile: (239) 774 -0225 Agenda Item No. 16K19 September 14, 2004 Page 43 of 50 SPECIAL MAGISTRATE (y) o_r L Pe I I direr 15.6.!50y. 3362 -11 Rr-4 I Gw s FL Into 16. Governing Law. This Agreement shall be governed by Florida law. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. As to SPECIAL MAGISTRATE: DATE: d �— �— U Lj By: 1 ! I CIAO Pe- (2�i PrintCi� a� As to COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY DATE: ATTEST: DWIGHT E. BROCK, CLERK By DONNA FLALA, Chairman By: Deputy Clerk As to SCHOOL BOARD: COLLIER COUNTY DISTRICT SCHOOL BOARD DATE: 1; D By: J /1uL STEVE FAIN, Financial Officer Collier County District School Board APIPrOA as to fora E le9atl sufflclentl Assistant Cooty Attorney Ellen T. Cb&" l Agenda Item No_ 16K19 September 14, 2004 Page 44 of 50 EXHIBIT VALUE ADJUSTMENT BOARD RULES OF PROCEDURE CHAPTER 1: ORGANIZATION 1. The Board is a separate and distinct governmental body created by statute and is composed of three members of the Board of County Commissioners and two School Board Members. 2. One of the County Commissioners is required to the elected as Chairman of the Board. 3. The members of the Board may be temporarily replaced by other members of the respective boards (i.e. the Commission and School Board) on appointment by their respective chairpersons. 4. Any three members of the Board constitute a quorum, except that each quorum must include at least one Commissioner and one School Board member. No meeting of the Board can take place without a quorum. 5. Two - fifths on the expenses of the Board are borne by the School Board and three - fifths by the County Commission. 6. As used herein, the word "Board" may include "Special Magistrates." CHAPTER 2: POWERS AND DUTIES 1. The Board must meet not earlier than 30 days, nor later than 60 days after the mailing of the "Notices of Proposed Property Taxes" by the Property Appraiser under section 194.011(1), Florida Statutes; provided, however, that no Board hearing may be held before approval of all or any part of the assessment rolls by the Departments of Revenue. The Board is required to meet for the following purposes: (a) Hearing taxpayers' petitions relating to the amount of assessments. (b) Hearing complaints relating to Homestead exemptions. (c) Hearing appeals from exemptions denied, or disputes arising from exemption granted, upon the filing of exemption applications (i.e. other than Homestead exemptions) (d) Hearing appeals concerning ad valorem tax deferrals and classifications. Notwithstanding the foregoing, the Board may meet prior to the approval of the assessment rolls by the Department of Revenue, but not earlier than July 1, to hear appeals pertaining to the denial by the Property Appraiser of exemptions, agricultural Agenda Item No. 16K19 September 14, 2004 Page 45 ei 50 classifications, and deferrals under (b), (c), and (d). in such event, the Board may not certify any assessments under Section 193.122 until after the Department has approved such assessments in accordance with Section 193.1142 and after all hearings have been held with respect to the Particular parcel under appeal. 2. The Board was authorized by state law to impose a filing fee not to exceed $15.00 for each separate parcel of property, real or personal, covered by taxpayers petitions (i.e. with certain exceptions pertaining to denials of Homestead exemption and tax deferrals). Petitions filed without the appropriate filing fee are deemed invalid and must be rejected. 3. The Board is required to appoint special magistrates for the purpose of taking testimony and making recommendations to the Board, which recommendations the Board may act upon without further hearing. The Board has chosen to act upon such recommendations without further hearings. Appeals to the full Board by Taxpayers and the Property Appraiser requesting de novo review of special magistrates" decisions will be denied. Special magistrates must meet the criteria set forth in s. 194.035, Fla Stat. 4. The Board is required to remain in session from day to day until all petitions, complaints, appeals, and disputes are heard_ If all or any part of an assessment roll is disapproved by the Florida Department of Revenue, the Board is required to reconvene to hear petitions, complaints, appeals and disputes filed upon the finally approved roll or part of a roll_ 5. The Board has no power to fix the original valuation of property for ad valorem tax purposes or to grant an exemption not authorized by law. The Board is bound by the same standards as the County Property Appraiser in determining value and the granting of exemptions. With certain exceptions, all property, real and personal, must be assessed at fair market value as of January 1 of the tax year. The Board, or its special magistrates, may not reduce an assessment below fair market value (i.e. in order to "equalize" it with other assessments), but for purposes of reviewing a petition, the Board may consider assessments among comparable properties within homogeneous area or neighborhoods. 6. The Board has no power to grant relief either by adjustment of the value of a property or by the granting of an exemption on the basis of hardship of a particular taxpayer. 7. The Board, in determining the valuation of a specific property, may not consider the ultimate amount of tax required by the various taxing authorities. 8. The powers, authorities, duties and functions of the Board, insofar as they are appropriate, apply equally to real property and tangible personal property. 9. The Board may not extend the time for the filing of petitions. However, the failure to meet the statutory deadline for filing a petition is not a absolute bar to consideration of such a petition by the Board when the Board determines that the petitioner has demonstrated good cause for failure to timely file, justifying consideration, and that the delay will not in fact be prejudicial to he performance of its functions in the taxing process. The issue of whether a petitioner's late filing can demonstrate "good Agenda Item No. 16K19 September 14, 2004 Page 46 of 50 cause' will be heard and determined by the Special Magistrate. if the Special Magistrate finds that good cause has been shown, she/he will proceed to hear the merits of the petition- 10. The Board is required to hear disputed or appealed applications for exemption and must grant such exemptions, in whole or in part, in accordance with the criteria established by law. In addition, the Board may review previously granted exemptions on its own motion or upon motion of the Property Appraiser. Review of an exemption application upon motion of the Board cannot be help heard until the application has had at least five (5) calendar days notices of the Board's intent to review the application. 11. The Board is required to comply with all valid rules and regulations promulgated by the Florida Department of Revenue. CHAPTER 3: PRE - HEARING EVIDENCE EXCHANGE I. At least 10 days before the scheduled hearing, the taxpayer /petitioner must provide the Property Appraiser with a written list and summary of evidence, along with copies of the all documentation to be presented at the hearing. Two copies of the complete package provided to the Property Appraiser must be delivered by the Petitioner to the Clerk to the Board. 2. No later than five (5) days after the Property Appraiser receives the taxpayer /petitioner's documentation, the Property Appraiser must provide the taxpayer /petitioner with a written list and summary of its evidence to be presented at hearing. This list and summary must likewise be accompanied with copies of the documentation to be presented. The evidence list must contain the property record card if provided by the Clerk. When computing the five day period, Saturdays, Sundays and legal holidays shall not be included. 3. If the taxpayer/petitioner does not provide the information to the Property Appraiser at least 10 days prior to the hearing pursuant to Section 1 above, the Property Appraiser need not provide the information to the taxpayer /petitioner pursuant to Section 2. Except that if the Property Appraiser requests in writing any evidentiary materials of the taxpayer /petitioner, and the taxpayer /petitioner refuses to provide the requested materials prior to the hearing, such information shall not be presented or considered at the scheduled hearing by the Special Magistrate or the VAB. (Fla_ Stat. 194.034(1)(d)) 4. If the Property Appraiser does not provide the information within the time required under Section 2, the taxpayer /petitioner will be entitled to reschedule the hearing. In such event, the taxpayer must notify the Clerk no later than twenty -four (24) hours, excluding weekends and holidays, after the day of required production that the Property Appraiser did not fully comply, the details of such non - compliance, and request a reschedule in writing. After receipt of this written notice, the Clerk will re- schedule the hearing. 5. The documentation exchanged under Section I and 2 above must be delivered by regular or certified mail, personal delivery, overnight mail, facsimile or e-mail. The date Agenda Item No. 16K19 September 14, 2004 Page 47 of 50 of transmission by e-mail or fax to an address provided by the addressee shall be deemed to constitute the date of delivery to the recipient. For such purpose, three e-mail or fax attempts to the address provided by the addressee will be deemed sufficient. If the taxpayer/petitioner designates delivery by U.S. Mail or does not specifically designate the desired manner for receiving the Property Appraiser's information, the information shall be deposited into the mail by the Property Appraiser. The taxpayer/petitioner and the Property Appraiser may agree to a different method or timing of the exchange. 6. The information must be sent to the taxpayer/petitioner or agent at the address shown on the petition form; however, it may be submitted to an e -mail or fax address if so indicated by the taxpayer /petitioner. 7. In computing any period of time prescribed by these rules, the day of the act, event, or default from which the designated period of time begins to run shall not be included_ The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. If the tenth day before a hearing is a Saturday, Sunday, or legal holiday, the information under subsection 2 shall be provided no later than the previous business day. 8. The summary of any testimony submitted pursuant to Sections 1 and 2 shall be sufficiently detailed as to reasonably inform a party of the general subject matter of the witness testimony, and shall contain the name and address of the witness. 9. No taxpayer /petitioner may present nor shall the VAB or a special magistrate accept for consideration any "testimony or other evidentiary materials' that were requested of the taxpayer /petitioner in writing by the Property Appraiser of which the taxpayer "had knowledge and denied to the Property Appraiser." (Section 194.034(1) (d), Florida Statutes.) CHAPTER 4: CONDUCT OF HEARINGS; PROCEDURES 1. Proceedings of the Board must be conducted in compliance with the Florida Sunshine Law (i.e. Section 268.011, Florida Statutes): (a) Reasonable notice must be given to the public prior to a Board meeting. (b) All Board meetings at which any official action may be taken must be help in the open. 2. Board and special magistrate hearings are required to the conducted in accordance with the applicable provisions of Chapter 194 and 196, Florida Statutes, and administrative rules promulgated by the Florida Department of Revenue. Chapter 120, Florida Statutes, does not apply to VAB proceedings, including hearings before the Special Magistrates. 3. Upon the filing of a petition by a taxpayer, the Clerk of the Board is required to deliver to the person so filing, an acknowledgment of receipt of such petition and must Agenda Item No. 16K1 9 September 14, 2004 Page 48 of 50 promptly furnish a copy of same to the Property Appraiser. Late filed petitioner must be noted by the Clerk and brought to he attention of the Board. The only petitions subject to rejection are those not accompanied by the appropriate filing fee under section 194.013. 4. The Clerk of the Board will prepare a schedule of appearances before the Board (Special Magistrates) based on petitions (including applications for Homestead Exemptions denied by the Property Appraiser) timely filed with him. The Clerk must notify each petitioner of the scheduled time of his appearance in writing by U.S. mail or Personal delivery so that the notice is received by the taxpayer no less than twenty (20) calendar days prior to the day of such schedule appearance. The Clerk is deemed to have prima facie complied with such notice requirements if the notice is deposited in the U.S. Mail twenty -five (25) days prior to the day of such scheduled appearance. The Clerk will include a copy of the property record card with the notice in all cases, whether or not requested by the taxpayer. The Clerk will not schedule hearings in personal property cases, unless a retum is filed within the time prescribed by the Board. 5. The petitioner has the right to reschedule his or her hearing ONE time by submitting to the Clerk a written request to reschedule NO LESS THAN FIVE (5) calendar days before the day of the originally scheduled hearing. 6. The Board and its special magistrates act in a quasi-judicial capacity with respect to the conduct of these hearings. 7. Board members and special magistrates should disqualify themselves on their own initiative or upon motion of any party interest or other cause for which a judge may be recused, with respect to any appeal coming before the Board. 8. No Board member or special magistrate should communicate ex pane with any taxpayer or the Property Appraiser relative to the merits of any case. However, this should not preclude a Board member or special magistrate from communicating with a taxpayer or the Property Appraiser for proposes of obtaining additional raw data upon which a finding might be based. Any communications concerning the proper conclusion to be drawn from any such raw data would constitute a discussion of the merits and results in an ex parte communication prohibited by law. 9. (a) Any taxpayer may be represented by an attorney or agent before the Board or special magistrate, or may appear on his own behalf. (b) A condominium homeowners' association (or qualified incorporated mobile home park association) may appear before the Board or Special Magistrate to present testimony and evidence regarding the assessment of condominium units which said association represents. Said testimony and evidence must also be considered by the Board or Special Magistrate with respect to petitions filed by individual condominium unit owners, unless the owner requests otherwise. 10. (a) Irrelevant, immaterial or unduly repetitious evidence may be excluded by the Board or special magistrate but all other evidence of a type commonly relied Agenda Item No. 16K19 September 14, 2004 Page 49 of 50 upon by reasonable prudent persons in the conduct of their affairs is admissible, whether or not such evidence would be admissible in a court of law. (b) Any part of a taxpayer's evidence may be received in written from, and all testimony of parties and witnesses is required to be made under oath upon the request of either party. The Special Magistrate or court reporter will administer the oath to all persons providing testimony, including parties. Witnesses for either party may be cross - examined by the other party when testimony is taken. (c) Hearsay evidence may be admitted for the purpose of supplementing or explaining other evidence, but it is not sufficient in itself to support a finding unless it would be admissible over objection in a civil action in the courts of this State. 11. The Property Appraisers determinations are entitled to a "presumption of correctness ", and petitioning taxpayers have the burden to prove that the Property Appraiser's determinations are incorrect. (a) In the non - valuation cases (e.g. exemption and agricultural classification cases), this presumption of correctness can be property rebutted only by evidence which excludes very reasonable hypothesis of a legal assessment. (b) In valuation cases, the Property Appraiser's valuation is still presumed correct, but the presumption is lost if the taxpayer establishes by a preponderance of the evidence that either the Property Appraiser (a) failed to property consider all of the valuation criteria mandated by statute in computing the assessment, or (b) derived the assessment arbitrarily based on appraisal practices different from those generally applied to comparable property within the same class and county. If the taxpayer overcomes the initial presumption of correctness, in the forgoing manner, he or she then has the burden to prove by a preponderance of the evidence that the assessment exceeds fair marker value. If, however, the taxpayer cannot overcome the property appraiser 's initial presumption of correctness, then the taxpayer, in order to obtain relief, must prove that the assessment is excessive by clear and convincing evidence. In no case involving valuation, however, does the taxpayer have the burden of proving that the assessment is "not supported by any reasonable hypothesis of a legal assessment." 12. If the Property Appraiser's assessed value is determined to be erroneous, the VAB can establish the assessment if there exists competent, substantial evidence in the record. If not, the VAB must remand to the Property Appraiser with the appropriate directions for a redetermination of value. 13. The Clerk of the Board is required to maintain a verbatim record of all proceedings and must preserve all documentary evidence and listings for a period of not less than four (4) years. The Board and its special magistrates should insist that all documentary evidence relied upon by any party be incorporated into the Board's files_ In the event a party refuses to relinquish possession of any such documentary evidence, the Agenda Item No. 16K19 September 14, 2004 Page 50 of 50 Board and its special magistrates should not consider the same in making a finding of fact or conclusion of law. 14. No petitioner may present, nor may the Board or special magistrate accept, testimony or other evidentiary materials for consideration that were requested of the petitioner in writing by the Property Appraiser of which the petitioner had knowledge, and denied to the Property Appraiser. No evidence shall be considered by the Board or special magistrate except when presented during the time scheduled for the petitioner's hearing, or at a time when the petitioner has been given reasonable notice. 15. Every decision of the Board or recommendation by a Special Magistrate must contain specific and detailed findings of fact, including both ultimate findings of fact and basic and underlying findings of fact. Each basic and underlying finding must be properly annotated to its supporting evidence. (a) An ultimate finding is a determination of fact is usually expressed in the language of a statutory standard and must be supported by and flow rationally from adequate basic and underlying findings. (b) Basic and underlying findings are those findings on which the ultimate findings rest and which are supported by evidence. Basic and underlying findings are more detailed than the ultimate findings, but less detailed than a summary of evidence_ (c) Reasons are those clearly stated grounds upon which the Board or Property Appraiser acted. 16. All decisions made must include the nature of the change made and indicate the just, taxable, and exempt value before and after the change. 17. The Special Magistrate shall render a written recommendation in a form provided by the Clerk of the Board, within five (5) days of the hearing. This recommendation may, but need not, be rendered at the conclusion of the hearing. All recommendations are presented to the Board at a publicly noticed meeting and approved by the Board without further hearing. 18. All final decisions by the Board must be issued within twenty (20) calendar days of the last day the Board is in session, and the clerk, upon issuance thereof, must notify by fast class mail each taxpayer, the Property Appraiser and the Department of Revenue of the decision of the Board. If no decision is rendered in a case, the reason therefore must be placed in the records, compiled by the Clerk and maintained along with the verbatim record. Agenda Item No, 17A September 14, 2004 Page 1 of 4 EXECUTIVE SUMMARY SE -04 -AR -5494, a resolution amending Resolution Number % -377, the Taylor Properties Conditional Use to correct a scrivener's error resulting from the unintentional inclusion of an incorrect legal description in the adopted Resolution for the property located on the south side of Davis Boulevard (S.R. 84) in Section 11, Township 50 South, Range 25 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) correct a scrivener's error resulting from an incorrect legal description attached to Resolution Number 96 -377 (Taylor Properties) that is consistent with the Collier County Growth Management Plan (GMP) and the Land Development Code (LDC). CONSIDERATIONS: - The Board of County Commissioners on August 13, 1996 approved Resolution Number 96 -377. This action approving conditional use "4" of the "C -4" Zoning District permits a boat dealership on the subject site. Staff subsequently discovered that incorrect Legal Description was unintentionally included in the adopted Resolution. The Collier County Attorney's office has directed staff to prepare a scrivener's error amendment as described above. FISCAL IMPACT: It should be noted that this scrivener's error is only to correct the legal description to Resolution 96- 377 that was approved by the Board of County Commissioners. Therefore, this change by and of itself will have no fiscal impact on the County. The fiscal impact for the boat dealership was determined at the time the property was originally approved for the conditional use. In addition, the County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. SE -04 -AR -5494 1 Agenda Item No. 17A September 14, 2004 Page 2 of 4 GROWTH MANAGEMENT IMPACT: This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the LDC. STAFF RECOMMENDATION: That the Board of County Commissioners (BCC) approve the scrivener's error correction to Resolution 96 -377. 5E -04 -AR -5494 2 Aaenda Item.N, I'A Sectembet 14 -2COa Page 3 cl 3 COLLIER COUNTY 's OARD OF COUNTY COMMISSIONERS laem Number 17A Itrm Summary SE -' AR.5494, a res01di .6.q Re I.fi n Number 96 -377. Vre TaNOr Pr,p.rlles C...6 . Us. 1a Cmeal a Sodv.— ertp —abI,g It_ 91e urtinlenyorW inclusion of an mcorrecl legal 00- m I .adopted Re .ban far M. aro Y kI a on the south si0e 0f Oavis SlUevard IS .R. 84j in S.c4an 11. TomY p 50 Sa h Range '.5 Earl. Collier CI—ty. Florida. M-UN D- 9i1420ryt 9.00.00 AM r"—d By ar a<no..a pa.. _nra Pmrmer 6;y;zon4 i4zn4 PrA manes De. e,n ern s al gervrces Zoning3 Lantl pevalopmen!R.naw Appn d By ar aeanwa _ m nits Devebpmem Fnvironmen!al5erncas cute. Planner p,,. 5 Laringd Land Oevelopmen; Review fii10,2004 �:!0 PM Approved By Susan idunay. alCP ni;y Develapman; En nmmamal izrvices Laniny BLaM CevNOpmant Director Due 8 L"nrny S Lantl Davelopmant Review 5:15.1004 !:i5 PM Approved By eonvance A.;pl.rrson m ni;y Developmenr mat SerNCes Pera.�w,s analys! Date 3 ... —uniry DevelePmem b - a16R0044:18 PM Approved By sang: Lea Ea.cpmaeer.rarl• Dau ., mu yDeveloPmems ., unity Devtlopnrmrd al Services ySarvicea Ad— 5111:20043:44 AM Approved By A.z pn'S. 5clrmi.r Eroiwronmen tlSerDCas Admrnstratar Dau _ammunity Developmem3 Community gvgoqnentd wrral Sery 6:1]._0043. fit AM App .... d By .at Lznnbard County Manayz %s vmca Atlm�nrsrrarive Assrirant Dare Okice MManagamenr3a 19 azA Approved By z..!.laacesen anayer's .^.�:e aadgel anaY :! � „e JXice of :Aana9ement3audgel 9;'_0043.51 aM Approved By t.Viclrael wssi ,Aanayememdautlger pirec:w _a.z Citice cl rtanayementd audyel t&:20043: r0 aht Approved By 3card o' Cocn:y Agenda Item No. 17/ A September 14, 2004 RESOLUTION NO. 04- Page 4 of 4 A RESOLUTION OF THE BOARD OF ZONING APPEALS AMENDING RESOLUTION NUMBER 96 -377 TO CORRECT A SCRIVENER'S ERROR DUE TO OMMISSION OF AN INTENDED REVISION TO CORRECT THE LEGAL DESCRIPTION FOR A BOAT DEALER CONDITIONAL USE FOR TAYLOR PROPERTIES. WHEREAS, the Collier County Board of Zoning Appeals adopted Resolution Number 96 -377, on August 13, 1996, and; WHEREAS, following said action adopting Resolution Number 96 -377, Planning Staff determined that the Resolution did not contain the correct legal description that was otherwise intended and made a part of the public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO THE LEGAL DESCRIPTION. The legal description of Resolution Number 96 -377 is hereby amended to correct a scrivener's error by amending said legal description to read as follows: All of Lots 7 -11, Portion of Lots ' ", Triangle Lake, as recorded in Plat Book 4, Page 38, of the Public Records of Collier County, Florida. BE IT RESOLVED that this Resolution relating to Petition Number SE -2004- AR -5494 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of 2004. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN Approved as to Form and Legal Sufficiency: Marjorie M. Student Assistant County Attorney Words struck Uhrough are deleted; words underlined are added. Page I of I Agenda Item No. 17B September 14, 2004 Page 1 of 91 EXECUTIVE SUMMARY PUDZ-2003 -AR -5087, Stephen G. Sposato, AICP of Agnoli, Barber & Brundage, Inc., representing Collier County Board of County Commissioners, requesting a rezone from- Public (P) to Planned Unit Development (PUD) to be known as the Collier County Government Complex PUD. The project will consist of a maximum of 996,799 square feet of building area for permitted and accessory government center uses. The project is located at 3301 Tamiami Trail East. The project is in Section 12, Township 50 South, Range 25 East, Collier County, Florida, consisting of 551 acres. OBJECTIVE: Staff is requesting that the Board review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced Planned Unit Development (PUD) rezone petition and render a decision regarding the petition. CONSIDERATIONS: The applicant is requesting a rezone of the subject property from Public Use (P) to Planned Unit Development (PUD), to be known as the Collier County Government Center PUD. The project is located on the east side of Airport Road at its intersection with U.S. 41. The 55+ -acre site has been owned by Collier County since 1962. The proposed Collier County Government Center PUD is a combination of existing and proposed government office space. Currently, 589,269 square feet of office space has been constructed. A maximum of 996,799 square feet of office space is scheduled at final build -out, housing a projected employee workforce of 2,081. The Government Center provides a central location for general governmental services, provided by the Board of County Commissioners, as well as services provided by each of the Constitutional Officers. The Collier County Courthouse and Jail Center are also located at the Government Center. The property has received the following zoning approvals: 1. Southwest Florida Regional Planning Council Development of Regional Impact (Resolution No. 00 -443) 2. Collier County Development Order (Development Order 00 -05) 3. Collier County Conditional Use — Juvenile Detention Center (Resolution No. 98 -477) 4. Collier County Variance - 40 -foot height variance for Jail Expansion (Resolution No. 2002 -488) 5. Collier County Conditional Use — Jail Expansion (Resolution No. 02 -487) The rezone request is motivated by the limitations imposed on the Government Center by the Public Use (P) Zoning District. The Public Use (P) Zoning District imposes a height limitation upon the Government Center of 35 feet, and the list of permitted uses for the district does not include the full scope of services offered within the Government Center Campus. Of the above zoning approvals for the site, the first two zoning approvals relate to the approved Development Executive summary/PUDZ- 2003 -AR -5087 Page 1 of 6 Agenda Item No. 17B September 14, 2004 Page 2of91 of Regional Impact (DRI) and Development Order (DO) for the project. The DRI and DO permit a 996,799 square footage allowance that, based upon the spatial limitation of the 55+ -acre site, requires a number of buildings to exceed the 35 -foot height limitation of the district. Each request for a new building, extension of an existing building beyond the 35 -foot height, or for a use not provided for within the permitted uses of the Public Use (P) Zoning District would require a land use petition and the subsequent public hearings required of the petition. Zoning approvals three through five of the list noted above were land use petitions dictated by the limitations imposed by the Public Use (P) District. The proposed rezone would eliminate the need for further public hearings concerning the build -out of the approved DRI, by creating a regulatory environment catered to the limitations established within the DRI. Also, a number of existing buildings on site which have not received variances from the 35 -foot height limitation are currently legally non - conforming structures and would be brought into conformity with the proposed rezone action. The rezoning request is seeking six deviations from the regulations provided for in the Land Development Code (LDC). Each deviation will be described, with staff's position to follow the applicant's justification. A deviation from Section 2.6.11.4.1 — Walls and Fences, to waive the requirement for a six -foot tall masonry/concrete wall along portions of the site abutting residentially zoned property. The applicant justified the deviation stating that the purpose is to provide site - specific landscape buffers that meet the context of individual site characteristics and existing conditions. The Government Center has been in existence since 1962, and substantial landscape buffers have been planted along most of the edges abutting residential zoning districts. The proposed deviation proposes to compliment and enhance the existing planted buffers. Staff is supporting the applicant's request for a deviation from the wall requirement based upon the alternative design provided for within Exhibit D of the Collier County Government Center PUD document. A deviation from Section 3.2.8.3.17 — Sidewalks, to allow sidewalks and bike lanes to be located in accordance with Exhibit C, Conceptual Circulation Plan, contained within the proposed PUD document. The Conceptual Circulation Plan is provided below. The justification indicates that the purpose of this deviation is to craft a non - vehicular circulation plan that is sensitive to the fact that the majority of the campus has already been developed. Also, meeting the current requirements of the LDC along established access drives would require the relocation of major trees, drainage areas, and infrastructure, such as fire hydrants and parking areas. Upon reviewing the Conceptual Circulation Plan contained as Exhibit C within the proposed PUD document, staff agrees that the difficulties created by imposing this regulation to the existing facility is not justified based upon the circulation plan providing for the safe circulation of non- vehicular traffic. Based on the mature nature of the facility and the alternative Circulation Plan provided for in Exhibit C of the proposed PUD document, staff supports the deviation. This deviation shall remain in effect until time of site development plan submittal for the new County Commission Building, as referenced by 4.5.H. of the Collier County Government Center PUD Document. Executive summary/PUDZ- 2003 -AR -5087 Page 2 of 6 Agenda Item No. 17B September 14, 2004 Page 3 of 91 Two of the requested deviations address fence height and material, as dictated by the LDC: A deviation from Section 2.6.11.4.1 — Height of Fences, to locate and construct temporary and permanent security fencing to secure jail and governmental facilities as needed. A second deviation, relating to fences from Section 2.6.11.5.3, 2.6.11.5.5 and 2.6.11.5.6 — Fence Material and Construction, to allow the utilization of any type of fence material or technology to secure jail and governmental facilities. The applicant has provided the justification for these by stating the deviation is to allow the Facilities Management Director flexibility and discretion to secure and protect judicial facilities and personnel, as needed. This discretion is needed based upon the activities (sheriff, courts, jails and public meetings) that occur at the Government Center, stating that it is essential that the Land Development Code (LDC) does not restrict the ability of the Facilities Management Director to appropriately respond in a timely manner to circumstances, events, or issues that involve public safety. Staff agrees with the cited justification on the basis safety and welfare. The final two of the requested deviations deal with the manner and limitation imposed by the LDC in relationship to on- premise signs. A deviation from Sections 2.5.5.2.5.10 and 2.5.6.2 to allow an unlimited number of on- premise directional or informational signs is requested. Said signs shall be exempt from permitting if they do not exceed 12.5 square feet in size and 5.5 feet in height. Also, a deviation from Section 2.5.5.2.5.8.3. to allow the placement of banners, kiosks and other similar periodic displays is requested. Such signs shall be exempt from permitting and will be at the discretion of the Facilities Management Director. The applicant has provided justification for both deviations indicating that the purpose of these deviations is to provide adequate signage for the largest concentration of public services, offices, meetings and programs available in Collier County. Staff is supporting the deviation from Section 2.5.5.2.5.10 and 2.5.6.2. to allow for unlimited on -site directional and informational signs, which would be exempt from permitting within the specific size regulations. Staff feels the size of the complex and the variety of services offered justifies this deviation to fully facilitate ease of public usage of the Government Center. Staff is supporting the second deviation from Section 2.5.5.2.5.8.3. for the exemption of Special Events Signs based upon the frequency of public events held at the Government Center. FISCAL IMPACT: The rezoning of this PUD by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the property is rezoned, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. 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 identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Services (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building Executive summary/PUDZ2003 -AR -5087 Page 3 of 6 Benda Item No. 17B September 14, 2004 'Page 4 of 91 permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban - Commercial District, Mixed Use Activity Center Subdistrict, and is within the Bayshore /Gateway Triangle Redevelopment Overlay, and Activity Center No. 16), as identified on the Future Land Use Map of the Growth Management Plan (GMP). Relevant to this petition, the Urban - Commercial District permits a variety of residential and non - residential land uses, including mixed -use developments, such as PUDs and institutional uses. Certain industrial and commercial uses are allowed, subject to criteria. The purpose of the Urban Residential Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. The application has been found by staff to satisfy the specific development requirements for the Bayshore /Gateway Triangle Redevelopment Overlay, as well as the requirements applicable to a mixed -use activity center. Therefore, staff concludes that the proposed PUD Document and Master Plan may be deemed consistent with the Future Land Use Element (FLUE). Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) and was found consistent µ with Policy 5.1. The consistency finding provides a statement of the project, that when developed, it will not excessively increase traffic congestion. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and has incorporated safeguards within the PUD document to ensure compliance with the environmental regulations. The Collier County Government Complex PUD document has been reviewed to ensure the most current environmental regulations have been incorporated within the document. The subject site is completely altered, isolated by a major roadway and development, and is actively used by existing structures. The subject parcel is not a viable habitat for species to nest, den, or forage. No endangered, threatened, or species of special concern were observed on the site. EAC RECOMMENDATION: The EAC did not hear this petition due to the existing nature of the project. COLLIER COUNTY_ PLANNING COMMISSION (CCPC) RECOMMENDATION This petition was heard at the July 15, 2004 CCPC meeting. The Commission motioned to forward petition PUDZ- 2003 -AR -5087 with a recommendation of approval, subject to the conditions contained within the PUD Document with the following modifications: Revise Section 4.5.G of the PUD document to exclude parking structures from the square footage Executive summary/PUDZ- 2003 -AR -5087 Page 4 of 6 Agenda Item No. 17B SeptemLer 14, 2004 Page 5 of 01 calculations and clarify the condition to be changed to a one way in access point. Add Section 4.5.H, to require the Government Center to be in full compliance with Subsections 3.2.8.3.17 and 3.2.8.3.18 of the Land Development Code, or successor provision, relating to sidewalks at the time of site development plan submittal for the new County Commission Building and the parking garage associated with the new County Commission Building. Add Section 4.5.I, to prohibit construction traffic from utilizing Palm Drive to access the Government Center. Finally, to modify Section 4.13.F, by providing a time limit for the deviation to expire, as dictated by 4.5.H of the PUD Document. The motion passed unanimously. STAFF RECOMMENDATION: Staff recommends approval of Petition PUDZ -A- 2003 -AR -5087 subject to the stipulations contained in the PUD document as modified by the Planning Commission's recommendation and as otherwise described by the Ordinance of Adoption and Exhibits thereto, subject to the conditions of approval that have been incorporated in the PUD document with the following deviation from the Land Development Code (LDC). Subsections 2.5.5.2.5.10. and 2.5.6.2., Directional Signs Deviation from Subsections 2.5.5.2.5.10. and 2.5.6.2., or successor provisions, to allow an unlimited number of on premise directional or informational signs. Number and location of said signs shall be included on applications for site development plan or site improvement plan approval. Subsection 2.5.5.2.5.8.3., Special Events Signs Deviation from Subsection 2.5.5.2.5.8.3. , or successor provisions, to allow the placement of banners, kiosks and other similar periodic displays. Such signs shall be exempt from permitting. Subsection 2.6.11.4.1., Wall and Fences Deviation from Subsection 2.6.11.4.1., or successor provisions, to allow the Facilities Management Director to locate and construct temporary and permanent security fencing to secure jail and judicial facilities as needed, based upon the accepted security/penitentiary industry standard. Said facilities shall be exempt from the 8 -foot height restriction. Subsection 2.6.11.4.1., Wall and Fences Deviation from Subsection 2.6.11.4.1. , or successor provisions, to waive the requirement for a six foot tall masonry/concrete wall along those portions of the site abutting residentially zoned property. Landscape buffers abutting residential zoning districts shall be in accordance with Exhibit D, Landscape Buffers Abutting Residential. Subsections 2.6.11.5.3., 2.6.11.5.5. and 2.6.11.5.6., Fence Material and Construction Deviation from Subsections 2.6.11.5.3., 2.6.11.5.5. and 2.6.11.5.6., or successor provisions, to allow Facilities Management Director to utilize any type of fence material or technology to secure jail and government facilities, based upon the accepted security/penitentiary industry standard to ensure public safety and welfare. Executive summary/PUDZ- 2003 -AR -5087 Page 5 of 6 Agenda Item No. 1713 September 14, 2004 Page 6 of 91 Subsection 3.2.8.3.17., Sidewalks Deviation from Subsection 3.2.8.3.17., or successor provisions, to allow sidewalks and bike lanes to be located in. accordance with Exhibit "C ", Conceptual Circulation Plan. Modifications to said Plan that are consistent with the CFPUD Master Plan shall be approved in accordance with Subsection 2.7.3.5.6. of the Land Development Code, or successor provisions. This deviation shall remain in effect until time of site development plan submittal for the new County Commission Building, as referenced by 4.5.H. of this document Executive summary/PUDZ- 2003 -AR -5087 Page 6 of 6 Aoenda item No. 178 September 14, 2CA4 Page 7.151 COLLIER COUNTY .OARO OF COUNTY COMMISSIONERS Item N.— I:8 Nem S—.-y T.S rl @m nam.res that all parSdPanN be sworn in and ea pane tlisdosw@ be omvided py Cdnnrissioo men " This item continued Imm H+e July 27. 2001 BCC Meeting. PUDZ- 200]-AR-5pH2. Stephen G. SMSMO. AICP of Agndi. BaNer d Brundage. IM --e g Colfer County Board of C—my Cnmssiwwrs. mquesting a re anc fpm Public (PI b Planned Unit DO,MW —m (PUD) iD be krwwn as the Cd0ar County Gowmr— Cmplex PUD. TM Prged'.vili ---.f. maaim.m of 996.799 square Is, clbt.lding xea for p ,Od — xoss, 9miemment _,.,.SOS The Prgxl n located A ]]9I Taniami T41 East. TM p, is in S_OO 12 Tqs SOp 50 SO.Ih. Range 25 East. CDIIix C y. Florida. Swaisting d 55, aaes- MeeBn9 0— 9114:20N 9 0000 AM Prepared By pate Mirrs B.- AICP PnndPd Plann<r Hi26i200a 1:61:12 AM COmrnur.ly p<veiOPm<m S = al Services Zonin9A Land Development Review Approwd By Nlke dosi. AICP pnnrdpal Plannw Dart Community Oewbpmem H - nal S<MUS Zoning b Land bv<toprmnl Review H119000a 1:iD PM Approved By - ROY.aPOws Cb1<i is— Ja:e Ccmmunty pewbpr -r<m S Srv'vonmemal Services �°^in9d LarW gwl0pment Review H.2HR004 8:01 AM Approved By Sandra tea E.—W. Ss-- Dau muniry Oev<ICpmentA Community Devtlep -t al Services = Ol Services Admin. &25. ?0018:52 AM Approved By Constance A. JPM1napn pwatwnz Analyst Dau canmonity Devebpm<m. COmmuni"OO- ognenta Envi -o 1.1 S--S Envirom.rantal $eMaa A4min. -Sn— 3'.19 AM Approwd By sePM1 G ScM1m11 Community DerNOmnent E S<rvbes Oau _nnronmen:al Adrr.ns:rator COmrn.r.:y Dawiopmeinl Community DevNOpment3 . real Servicoa EnvironmentOl Services Adrrun. 8i26� ?0019:52 PM Approved By Pa; LeMf,— ovmy Manager's JfN Ad—s -stive ASZisrant Dau Ce ---of Mara9 <ment A..dget HlTr100.110:OJ AM Approved By Mark lzackzon 3ud9et —yst Dare ounry Mana9er'z DI6<e peir. el sr—m 3ud9e- i ^'. ^004 6.02 aM Approved By ..,i...aei 6.�rvkOwaki z Jl6cx V nayementSBW9et Director Da:e aef M1lana9ement39udge: 3:'veD0112'vO PM Approved By names I. -dd 3wrd at C.." - ,.a tYManager Dau Coem:y Manager's Oince -- 0013.1, 111 Agenda Item No. 17B Suptembcr 14, 2004 AGENDA ITEWtW of 91 Goer County STAFF REPORT COLLIER COUNTY PLANNING C0MMSSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JULY 15, 2004 SUBJECT: PETITION PUDZ - 2003 -AR -5087 AGENVAPPLICANT: OWNER: Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 AGENT: Stephen G. Sposato, AICP Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 REOUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application requesting a rezone from Public (P) to Planned Unit Development (PUD) to be known as the Collier County Government Center PUD for the existing government facility. The proposed Collier County Government Center PUD rezone is being requested to align the zoning of the subject property in accordance with the limitations established within the approved Development of Regional Impact (DRI) for the project (Resolution No. 00 -443). GEOGRAPHIC LOCATION: The subject property consists of 55+ acres, located at the northeast corner of Airport Road (CR -31) and Tamiami Trail (US 41), in Section 12, Township 50 South, Range 25 East, Collier County, Florida. (See illustration on following page) I PUDZ - 2003 -AR -5087, Collier County Government Complex PUD Agenda Item No. 17B September 14, 2004 Page 9 of 91 LOCATION MAP 2 PUDZ - 2003 -AR -5087, Collier County Goveramem Complex PUD d Q W F- 1..i.. C� C O U O J e d x z 0 W d lh sill R PUD MASTER PLAN C-3 D"M COURTHOUSE S14ADCYWS Mena sow,wseo Exhibit A - Collier County Government Center PUD Master Plan 3 PUDZ-2003-AR-5087, Collier County Government Complex PUD Agenda Item No. 1; B September 14, 2004 Page 10 of 91 as arse u X"..4 7M ,j • al : F-16 as arse u X"..4 7M Agenda Item No. 1713 September 14, 2004 Page 11 of 91 PUR.POSEMESCRIPTION OF PROJECT: The applicant is requesting a rezone of the subject property from Public Use (P) to Planned Unit Development (PUD), to be known as the Collier County Government Center PUD. The project is located on the east side of Airport Road at its intersection with U.S. 41. The 55+ -acre site has been owned by Collier County since 1962. The proposed Collier County Government Center PUD is a combination of existing and proposed government office space. Currently, 589,269 square feet of office space has been constructed A maximum of 996,799 square feet of office space is scheduled at final build -out. The project is planned to be developed in three, five -year phases with the first being completed in the year 2002, and the final phase completing in 2012. Each phase will include a combination of the addition of new office buildings and the removal of certain aged and outmoded office facilities. At build -out there will be a projected twelve buildings with a maximum of 996,799 square feet, housing a projected employee workforce of 2,081. The phasing of the project, as indicated within the PUD document, will follow the schedule approved for within the approved Development of Regional Impact (DRI). The phasing schedule is intended to provide an approximation of the build -out for the project, and to date, the actual built square footage for the project has lagged the projected phased build -out. The below table is the phasing schedule for the project submitted within the DRI application. The Government Center provides a central location for general governmental services, provided by the Board of County Commissioners, as well as services provided by each of the Constitutional Officers. The Collier County Courthouse and Jail Center are also located at the Government Center. The property has received the following zoning approvals: 1. Southwest Florida Regional Planning Council Development of Regional Impact (Resolution No. 00 -443) 2. Collier County Development Order (Development Order 00 -05) 3. Collier County Conditional Use — Juvenile Detention Center (Resolution No. 98 -477) 4. Collier County Variance - 40 -foot height variance for Jail Expansion (Resolution No. 2002- 488) 5. Collier County Conditional Use — Jail Expansion (Resolution No. 02 -487) The rezone request is motivated by the limitations unposed on the Government Center by the Public Use (P) Zoning District. The Public Use (P) Zoning District imposes a height limitation upon the Government Center of 35 feet, and the list of permitted uses for the district does not include the full scope of services offered within the Government Center Campus. Of the above zoning approvals for the site, the first two zoning approvals relate to the approved DRI and Development Order (DO) for 4 PUDZ - 2003 -AR -5087, Coltier County Government Complex PUD _ Existing 1998 Phase I (2002) Phase It (2007) Phase III (2012) Total 547,269 813,220 925,610 993,461 DRI- Exempt 163,856 163,856 163,856 163,856 Vested 104,596 104,596 104,596 104,596 DRI Floor Area 278,817 544,768 657,158 725,009 The Government Center provides a central location for general governmental services, provided by the Board of County Commissioners, as well as services provided by each of the Constitutional Officers. The Collier County Courthouse and Jail Center are also located at the Government Center. The property has received the following zoning approvals: 1. Southwest Florida Regional Planning Council Development of Regional Impact (Resolution No. 00 -443) 2. Collier County Development Order (Development Order 00 -05) 3. Collier County Conditional Use — Juvenile Detention Center (Resolution No. 98 -477) 4. Collier County Variance - 40 -foot height variance for Jail Expansion (Resolution No. 2002- 488) 5. Collier County Conditional Use — Jail Expansion (Resolution No. 02 -487) The rezone request is motivated by the limitations unposed on the Government Center by the Public Use (P) Zoning District. The Public Use (P) Zoning District imposes a height limitation upon the Government Center of 35 feet, and the list of permitted uses for the district does not include the full scope of services offered within the Government Center Campus. Of the above zoning approvals for the site, the first two zoning approvals relate to the approved DRI and Development Order (DO) for 4 PUDZ - 2003 -AR -5087, Coltier County Government Complex PUD Agenda Item ! do. 17B September 14, 2004 Page 12 of 91 the project. The DRI and DO permit a 996,799 square footage allowance that, based upon the spatial limitation of the 55± -acre site, requires a number of buildings to exceed the 35 -foot height limitation of the district. Each request for a new building, extension of an existing building beyond the 35 -foot height, or for a use not provided for within the permitted uses of the Public Use (P) Zoning District would require a land use petition and the subsequent public hearings required of the petition. Zoning approvals three through five of the list were land use petitions dictated by the limitations imposed by the Public Use (P) District. The proposed rezone would eliminate the need for further public hearings concerning the build -out of the approved DRI, by creating a regulatory environment catered to the limitations established within the DRI. Also, a number of existing buildings on site which have not received variances from the 35 -foot height limitation, are currently legally non - conforming structures and would be brought into conformity with the proposed rezone action. SURROUNDING LAND USE AND ZONING: Subject Parcel: Existing Government Complex zoned P- Public Surrounding- North: Existing church, auto dealership and residential structures (8.5 units per acre) zoned C-4, David Gallman Estate PUD, and RMF -6 East: Existing condominium development The Glades, zoned RMF -16 South: Existing Wal -Mart store, undeveloped parcel, and U.S. 41 right -of- ways zoned C -5 and C -3 5 PUDZ - 2003 -AR -5087, Collier County Government Complex PUD Agenda Item No. 17B September 14, 2004 Page 13 of 91 GROWTH MANAGEMENT PLAN CONSISTENCY• The subject property is designated Urban (Urban - Commercial District, Mixed Use Activity Center Subdistrict, and is within the Bayshore /Gateway Triangle Redevelopment Overlay, and Activity Center No. 16), as identified on the Future Land Use Map of the Growth Management Plan (GMP). Relevant to this petition, the Urban - Commercial District permits a variety of residential and non- residential land uses, including mixed -use developments, such as PUDs, and institutional uses. Certain industrial and commercial uses are allowed, subject to criteria. The purpose of the Urban Residential Subdistrict is to provide for higher densities in an area with fewer natural resource constraints, and where existing and planned public facilities are concentrated_ Future Land Use Element: The application has been found by staff to satisfy the specific development requirements for the Bayshore /Gateway Triangle Redevelopment Overlay, as well as the requirements applicable to a mixed -use activity center. Therefore, staff concludes that the proposed PUD Document and Master Plan may be deemed consistent with the Future Land Use Element (FLUE). Transportation Element: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) and was found consistent with Policy 5. 1. The consistency finding provides a statement of the project, that when developed, it will not excessively increase traffic congestion. Open Space/Conservation: A minimum of thirty percent open space of the gross site area, as described in Section 2.6.32 of the Land Development Code (LDC) and Policy 1. 1.6 of the GMP, will be required of the PUD. Section 4.9.B of the Collier County Government Center PUD document requires that a minimum of thirty percent open space be maintained for the project. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and 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 required staff evaluation and continent. The Planning Commission to the BCC also used these criteria as the basis for their recommendation. Appropriate evaluation of petitions for amendments to PUDs should establish a factual basis for supportive action by appointed and elected decision - makers. Each of the potential impacts or considerations identified during the staff review are listed raider each of the criterion noted and are summarized by staff, culminating in a determination of compliance, non - compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report (See Exhibit "A" and Exhibit `B "). Environmental Analysis: Environmental Services staff has reviewed the petition and has incorporated safeguards within the PUD document to ensure compliance with the environmental regulations. The Collier County Government Complex PUD document has been reviewed to ensure 6 PUDZ - 2003 -AR -5087, Collier County Government Complex PUD Agenda item No. 1 7B September 14, 2004 Page 14 of 91 the most current environmental regulations have been incorporated within the document. The subject site is completely altered, isolated by a major roadway and development, and is actively used by existing structures. The subject parcel is not a viable habitat for species to nest, den, or forage. No endangered, threatened, or species of special concern were observed on the site. Transportation Analysis: Transportation Department staff has reviewed the petition and notes the following: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent. This finding provides a statement that this project when developed will not excessively increase traffic congestion. The application qualified for a waiver from the Traffic Impact Statement requirement due to the transportation analysis provided for the project during the DRI approval. The square footage proposed by the Government Center PUD is the amount allotted for within the approved DRI for the project. A detailed transportation impact analysis was provided for through the DRI approval, and with the approval, the transportation impacts are vested. Utility Issues: The Utilities Department staff has reviewed the petition and notes the following: 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. 97 -17, as amended, and other applicable County rules and regulations. Zoning and Land Development Review 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, and the existing and possible future uses that could be approved based upon the uses and other limitations set forth in the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The proposed use is consistent with the property's land use designation as indicated previously in the GMP discussion. The GMP, through Policy 5.4, also requires proposed development to be compatible with and complimentary to the surrounding land uses. As noted in the Comprehensive Planning discussion, development standards, such as building heights, setbacks, landscape buffers, potential building mass, building location, orientation, and the amount and type of open space and location of that open space are considerations of compatibility as well. The intensity of the Government Center PUD has been established through the DRI approval with a maximum of 996,799 square feet of office space. The aim of the requested PUD rezone is to craft development standards for the allotted office space that are compatible with the existing uses and infrastructure already in place, as well as the surrounding properties. Thus the consistency with the FLUM is only a part of the overall finding of GMP consistency. The petition must be consistent with Policy 5.4 as well, or staff cannot make a recommendation of approval, based upon a required finding of overall consistency with the GMP. Staff must consider the compatibility of the dimensional standards proposed in this PUD in comparison with the existing and potential future land uses near this site pursuant to GMP Policy 5.4. Staff believes that to make a finding of consistency with the overall 7 PUDZ- 2003 -AR -5087, Collier County Government Complex PUD Agenda item No. 17B September 14, 2004 Page 15 of 91 GMP, the PUD document must include one clarification to the zones of building height proposed by the PUD document to address compatibility. To further facilitate compatibility with the surrounding land uses, the PUD document sets forth three individual height zones. The most restrictive of these zones is the 35 -foot zone which lies adjacent to the multi - family residential zoning districts at the northeast quadrant of the project. This 35 -foot height zone is approximately 50 feet in depth and borders a 50 -foot height zone which possesses an average depth of 175 feet. The final zone permits a maximum of 110 feet. This zone is located approximately 225 feet from the abutting residential zoning districts. This transitional height limitation has been designed to further the compatibility with neighboring residential properties. The applicant is proposing an interruption within the 50 -foot height zone for the existing Building H, the Health building, which is currently constructed to 54 feet. The PUD limits this building to a height of 75 feet. Within the initial proposed PUD document, the applicant proposed a maximum height of 90 feet for the Health building. The original design of the Health building was to construct to six floors, but based upon the expressed concerns of the residents of the adjoining development during the neighborhood informational meeting, the applicant has reduced the proposed height to a maximum of 75 feet with a maximum of five floors. The applicant has indicated that to reach the vested 996,799 square feet allotted to the project, two additional floors upon the Health building is needed. The proposed 75 -foot height limitation would provide for this expansion. It is Staffs opinion that the proposed 75 -foot building height for Building H is compatible with neighboring residential properties, based upon the proposed improvements to the landscape buffer highlighted in Exhibit D of the PUD document and the distance separating the Health building from the property line and the closest residential structures. The Health building is located approximately 110 feet from the PUD property boundary and 160 feet from the Glades residential condominiums. The Commercial (C-4) Zoning District allows for the greatest height limitation of any of the zoning districts, allowing for a maximum height of 75 feet. The most restrictive set -back (front yard) required for a building in the C-4 Zoning District is 25 feet plus one additional foot for each foot of building height in excess of 50 feet. Based upon this requirement, a 75 -foot building would require a 50 -foot setback. As noted, the Health building is approximately 110 feet from the property boundary, thus provided for a greater setback than would be required in a like zoning district. The following illustration indicates the distance relationship between the structures. 8 PUDZ - 2003 -AR -5087, Collier County Govcrnmcnt Complex PUD Agenda Item No. 17B September 14, 2004 Page 15 of 91 The design of the proposed building height zones is intended to concentrate the taller structures to the interior of the project area away from the adjoining residential properties. This spatial arrangement is intended to ensure adequacy of light and air to the neighboring developments. Staff is of the opinion that the proposed height zones will be compatible with the local area. Exhibit "B" of the PUD document the proposed zones of buildine height, is provided below. LAND USE KEY: _ ansm W ,d...L o.w. C-4 MAX. 50' C C-3 P I PUD wvo RMF-6 04"a .Sm. B ILVV� M AX_ - B w�VA WM o° ,o /Op : P WM o �B PUD aVwoows C -5 B Exhibit B - Collier County Government Center Maximum Building Height MAX. 509 _ ------ . ______ i Also, to further facilitate compatibility with the surrounding land uses, the PUD is proposing to augment the current landscape buffers for the project. The PUD sets forth nine separate landscape buffer areas, A — H. The proposed landscape buffer areas vary in width and design based upon the 9 PUDZ- 2003 -AR -5087, Collier County Government Complex PUD MAX. 75' W7ACAPOF5 STORIES (BASED ON EXIST. LOCATION OF BUN.DING H) ►o 1 MAX. 35' l (LESS THAN It 50 FEET FFKW PROPERTY LINE) pf RMF -16 �caer�� MAX. 509 _ ------ . ______ i Also, to further facilitate compatibility with the surrounding land uses, the PUD is proposing to augment the current landscape buffers for the project. The PUD sets forth nine separate landscape buffer areas, A — H. The proposed landscape buffer areas vary in width and design based upon the 9 PUDZ- 2003 -AR -5087, Collier County Government Complex PUD Agenda Item No_ 17B September 14, 2004 Page 17 of 91 conditions of the existing buffers and the adjoining land uses. Exhibit D of the Collier County Government Center PUD provides greater detail to the specifics of each landscape buffer area and is provided below. t i — ARHA a ri..wa�+..s.rs•..aay •f•.b.�.�r�r� : Alta/► •.: . V A' O air dai• Tr v r,a/.a...r 1ri/ai► �. O.�r�Y ,.•w��r��. r raa i i a i i i i - oc I' •` 11 r . AREA D rss • raarr� • 1 e AREA A . Y•rlypw ��r rrr..� ...rrrrra� i AREA F .r•r. ••. r.rrrra� •tea rr. � �.r 0 O NOTES: •wr.�ar. '.�.�rw. �- �a'�iiw r•�a Exhibit D - Collier Landscape Buffers 1 E i1 AlFA C .�+r. a�•wr= wr.r ..r.•rw.r ayr~.r •i: Z� i � A><S.A d • l4YMy b r r • ••Yw.. Yi•.r.itarY /rte • rwrr r4�M.Wr . M• •i/dar r•.•�• \•.r rw•��•r w..1r� t AalA H - wrs..ows..rswti f i Government Center gRCS1dClltlai also-C .,„,yam, i*� The rezoning request is seeking six deviations from the regulations provided for in the Land Development Code (LDC). Each deviation will be described, with staffs position to follow the applicant's justification. A deviation from Section 2.6.11.4.2 - Walls and Fences, to waive the requirement for a six -foot tail masonry/concrete wall along portions of the site abutting residentially zoned property. The applicant 10 PUDZ - 2003 -AR -5087, Collier County Government Complex PUD 1 e AREA A - a1W�ls•rw�M•.aOrar v�r♦Y , . -1.aw 7f.•� *�rM+.r�•rr aa.r. r ara�r,a •wrw � AalA H - wrs..ows..rswti f i Government Center gRCS1dClltlai also-C .,„,yam, i*� The rezoning request is seeking six deviations from the regulations provided for in the Land Development Code (LDC). Each deviation will be described, with staffs position to follow the applicant's justification. A deviation from Section 2.6.11.4.2 - Walls and Fences, to waive the requirement for a six -foot tail masonry/concrete wall along portions of the site abutting residentially zoned property. The applicant 10 PUDZ - 2003 -AR -5087, Collier County Government Complex PUD Agenda Item No. 17B September 14, 2004 Page 13 of 91 justified the deviation stating that the purpose is to provide site specific landscape buffers that meet the context of individual site characteristics and existing conditions. The Government Center has been in existence since 1962, and substantial landscape buffers have been planted along most of the edges abutting residential zoning districts. The proposed deviation proposes to compliment and enhance the existing planted buffers. Staff is supporting the applicant's request for a deviation from the wall requirement based upon the alternative design provided for within Exhibit D of the Collier County Government Center PUD document. A deviation from Section 3.2.8.3.17 — Sidewalks, to allow sidewalks and bike lanes to be located in accordance with Exhibit C, Conceptual Circulation Plan, contained within the proposed PUD document. The Conceptual Circulation Plan is provided below. The justification indicates that the purpose of this deviation is to craft a non - vehicular circulation plan that is sensitive to the fact that the majority of the campus has already been developed. Also, meeting the current requirements of the LDC along established access drives would require the relocation of major trees, drainage areas, and infrastructure, such as fire hydrants and parking areas. Upon reviewing the Conceptual Circulation Plan contained as Exhibit C within the proposed PUD document, staff agrees that the difficulties created by imposing this regulation to the existing facility is not justified based upon the circulation plan providing for the safe circulation of non - vehicular traffic. Based on the mature nature of the facility and the alternative Circulation Plan provided for in Exhibit C of the proposed PUD document, staff supports the deviation. 11 PUDZ - 2003 -AR -5087, Collier County Government Complex PUD Agenda Item No. 17B September 14, 2004 Page 19 of 91 Two of the requested deviations address fence height and material, as dictated by the LDC: A deviation from Section 2.6.11.4.1 — Height of Fences, to locate and construct temporary and permanent security fencing to secure jail and governmental facilities as needed. A second deviation, relating to fences from Section 2.6.11.5.3, 2.6.11.5.5 and 2.6.11.5.6 — Fence Material and Construction, to allow the utilization of any type of fence material or technology to secure jail and governmental facilities. The applicant has provided the justification for these by stating the deviation is to allow the Facilities Management Director flexibility and discretion to secure and protect judicial facilities and personnel, as needed. This discretion is needed based upon the activities (sheriff, courts, jails and public meetings) that occur at the Government Center, stating that it is essential that the Land Development Code (LDC) does not restrict the ability of the Facilities Management Director to appropriately respond in a timely manner to circumstances, events, or issues that involve public safety. Staff agrees with the cited justification on the basis safety and welfare. The final two of the requested deviations deal with the manner and limitation imposed by the LDC in relationship to on- premise signs. A deviation from Sections 2.5.5.2.5.10 and 2.5.6.2 to allow an unlimited number of on- premise directional or informational signs is requested. Said signs shall be exempt from permitting if they do not exceed 12.5 square feet in size and 5.5 feet in height. Also, a deviation from Section 2.5.5.2.5.8.3. to allow the placement of banners, kiosk and other similar periodic displays is requested. Such signs shall be exempt from permitting and will be at the discretion of the Facilities Management Director. The applicant has provided justification for both deviations indicating that the purpose of these deviations is to provide adequate signage for the largest concentration of public services, offices, meetings and programs available in Collier County. Staff is supporting the deviation from Section 2.5.5.2.5.10 and 2.5.6.2. to allow for unlimited on -site directional and informational signs, which would be exempt from permitting within the specific size regulations. Staff feels the size of the complex and the variety of services offered justifies this deviation to fully facilitate ease of public usage of the Government Center. Staff is supporting the second deviation from Section 2.5.5.2.5.8.3. for the exemption of Special Events Signs based upon the frequency of public events held at the Government Center. NEIGHBORHOOD INFORMATION MEETING: Agent for the applicant, Stephen Sposato of Agnoli, Barber and Brundage, held the required Neighborhood Information Meeting on April 28, 2004, at 5:30 P.M. in the Collier County Board of County Commissioners meeting room, 3301 E. Tamiami Trail, Naples. Fourteen individuals other than the agent and county staff were present. Of those persons that spoke, most expressed concerns regarding traffic impacts, height of proposed buildings and the landscape buffering requirements between county and private properties. Mr. Sposato's team presented visuals of proposed landscape buffering areas. Mr. Don Scott, Transportation Planning Director, addressed questions and comments relative to Harrison Road and future intersection improvements to US-41 and Airport - Pulling Road. Facilities Management Director, Mr. Skip Camp, responded to questions and comments of particular interest to homeowners 12 PUDZ- 2003 -AR -5087, Collier County Government Complex PUD Agenda Item No. 17B September 14, 2004 rage 20 of 91 of The Glades and Sunrise UL The meeting concluded with a general consensus to continue dialogue between staff, principals and property owners. STAFF REC0NVAEENDATION• Staff of the Department of Zoning & Land Development Review recommends that the Collier County Planning Commission forward Petition PUDZ- 2003 -AR -5087 to the Board of County Commissioners with a recommendation that this petition be deemed consistent with the GMP, and further that the rezoning request from (P) to (PUD) be approved, subject to the conditions of approval that have been incorporated in the PUD document except for the following deviations from the Land Development Code. 1. A deviation from Sections 2.5.5.2.5.10 and 2.5.6.2 — Directional Signs, to allow an unlimited number of on premise directional or informational signs. Said signs shall be exempt from permitting if they do not exceed 12.5 square feet in size and 5.5 feet in height. 2. A deviation from Section 2.5.5.2.5.8.3. — Special Events Signs, to allow the placement of banners, kiosk and other similar periodic displays. Such signs shall be exempt from permitting and will be at the discretion of the Facilities Management Director. 3. A deviation from Section 2.6.11.4.1 — Height of Fences, to locate and construct temporary and permanent security fencing to secure jail and governmental facilities as needed. 4. A deviation from Section 2.6.11.4.2 — Walls and Fences, to waive the requirement for a six foot tall masonry/concrete wall along portions of the site abutting residentially zoned property. 5. A deviation from Section 2.6.11.5.3, 2.6.11.5.5 and 2.6.11.5.6 — Fence Material and Construction, to allow the utilization of any type of fence material or technology to secure jail and governmental facilities. 6. A deviation from Section 3.2.8.3.17 — Sidewalks, to allow sidewalks and bike lanes to be located in accordance with Exhibit C, Conceptual Circulation Plan contained within the proposed PUD document. 13 PUDZ - 2003 -AR -5087, Collier County Government Complex PUD Agenda Item No. 17B September 14, 2004 Page 21 of 91 PREPARED BY: MIKE BOSI, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: 6 RAY LOWS, CHIEF PLANNER D DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW USA b /b O N MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: /I7 d T ADM ISTRATOR DATE' DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the September 14, 2004, Board of County Commissioners Meeting COLLIE CO PLANNIN COMMISSION: RUSSELL A. BUDD, CHAIRMAN 14 PUDZ- 2003 -AR -5087, Collier County Government Complex PUD Agenda Item No. 175 September 14, 2004 Page 22 of 91 FINDINGS FOR PUD PUDZ-03 -AR- 5087 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 Collier County Government Center has existed at its current Iocation for 42 years and its presence has influenced the surrounding commercial and residential multi - family land uses. The project site has been previously approved as a Development of Regional Impact (DRI). To gain approval of the Government Center DRI, the project was evaluated for its suitability and impact upon the surrounding land uses in terms of traffic, access, utility provision, and compatibility. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the Collier County Government Center PUD document give assurance that all infrastructure will be developed consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Planning Commission and the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the GMP. 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. Documents submitted with the Collier County Government Center PUD application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). The subject petition has been found consistent with the goals, objectives and policies of the GMP. The Collier County Government Center PUD proposes a multi-use, multi -phase project centered upon governmental services that are consistent with the GMP (See Staff report)- 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. EXHIBIT "A" PUDZ -03 -AR -5087, Collier County Government Center PUD Agenda Item No. 17B September 14, 2004 Page 23 of 91 As noted, the Collier County Government Center is an existing facility. The proposed Collier County Government Center PUD will not change the list of permitted uses or the intensity of these uses that have already been approved for within the DRI. The proposed Collier County Government Center PUD rezone is being requested to align the zoning of the subject property in accordance with the limitations established within the approved Development of Regional Impact (DRI) for the project. To further facilitate compatibility with the surrounding land uses the PUD is proposing three individual height zones. The most restrictive of these zones is the 35 -foot zone which lies adjacent to the multi - family residential zoning districts at the northeast quadrant of the project. This 35 -foot height zone is approximately 50 feet in depth and borders a 50 -foot height zone which possesses an average depth of 175 feet. The final zone permits a maximum height of 110 feet. This zone is located approximately 225 feet from the abutting residential zoning districts. This transitional height limitation has been designed to further the compatibility with neighboring residential properties. The applicant is requesting a deviation from the 50- foot height zone for the existing building "H", the Health building, which currently constructed to 54 feet. The applicant is requesting a 75 -foot height limitation for this building. Also, to further facilitate compatibility with the surrounding land uses the PUD is proposing to augment the current landscape buffers for the project. The PUD document has created 9 separate landscape buffer areas, "A" — "H ". The proposed landscape buffer areas vary in width and design based upon the existing buffer and the adjoining land use. Exhibit "D" of the Collier County Government Center PUD provides greater detail to the specifics of each landscape buffer area 5. The adequacy of usable open space areas in existence and as proposed to serve the development. As provided in Section 4.93 of the PUD Document, the amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed Collier County Government Center PUD will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, the adopted concurrency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is corrected. The project is planned to be developed in three, five -year phases with the first having commenced in the year 2002, and the final phase commencing 2012. Each phase will include a combination of the addition of new office buildings and the removal of certain aged and outmoded office facilities. At build -out twelve buildings are projected with a total of 993,461 square feet, housing a projected employee workforce of 2,081. EXHIBIT "A" PUDZ -03 -AR -5087, Collier County Government Center PUD ,agenda item No. 17B September 14, 2004 Page 24 of 91 7. The ability of the subject property and of surrounding areas to accommodate expansion. The subject property is designated Urban (Urban - Commercial District, Mixed Use Activity Center Subdistrict, and is within the Bayshore/Gateway Triangle Redevelopment Overlay, and Activity Center #16), as identified on the Future Land Use Map of the Growth Management Plan (GMP). Relevant to this petition, the Urban — Commercial District permits a variety of residential and non - residential land uses, including mixed -use developments, such as PUDs, and institutional uses. Certain industrial and commercial uses are allowed, subject to criteria. The purpose of the Urban Residential Subdistrict is to provide for higher densities in an area with fewer natural resource constraints, and where existing and planned public facilities are concentrated. The DRI approval provides assurance that the surrounding areas are able to accommodate the expansion proposed by the PUD. The mature nature of the area ensures that the infrastructure necessary to accommodate the redevelopment expansion is provided for in the area. 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. As noted, the Collier County Government Center is an existing facility. The proposed Collier County Government Center PUD will not change the list of permitted uses or the intensity of these uses that have already been approved for within the DRI. The rezoning request is seeking six deviations from the regulations provided for in the Land Development Code (LDC). The staff report conveys the detail of the specific deviations requested and the justification for the deviations. EXHIBIT "A" PUDZ -03 -AR -5087, Collier County Government Center PUD Agenda Item No. 17B September 14, 2004 Page 25 of 91 REZONE FINDINGS PETITION PUDZ-03 -AR 5087 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: I. 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 subject property is designated Urban (Urban - Commercial District, Mixed Use Activity Center Subdistrict, and is within the Bayshore/Gateway Triangle Redevelopment Overlay, and Activity Center #16), as identified on the Future Land Use Map of the Growth Management Plan (GMP). Relevant to this petition, the Urban — Commercial District permits a variety of residential and non- residential land uses, including mixed -use developments, such as PUDs, and institutional uses. Certain industrial and commercial uses are allowed, subject to criteria. The purpose of the Urban Residential Subdistrict is to provide for higher densities in an area with fewer natural resource constraints, and where existing and planned public facilities are concentrated. The application has been found by Staff to satisfy the specific development requirements for the Bayshore/Gateway Triangle Redevelopment Overlay, as well as the requirements applicable to a mixed -use activity center. Therefore, Staff concludes that the proposed PUD Document and Master Plan may be deemed consistent with the Future Land Use Element (FLUE). 2. The existing land use pattern; The 55+ acre site has been owned Collier County since 1962. The existing land use pattern for the area includes residential multi- family developments, commercial uses, a church, and road rights -of -ways. Specifically, the surrounding zoning districts include: to the north an existing church, auto dealership and residential structures (8.5 units per acre) zoned C-4, David Gallman Estate PUD, and RMF -6; to the east an existing condominium development the Glades, zoned RMF -16; to the south an existing Wal -Mart store, an undeveloped parcel, and U.S. 41 right -of -way, zoned C -5 and C -3; and to the west an existing church and the Airport - Pulling right -of -way, zoned C-4 EXHIBI L µti» PUDZ -03 -AR -5087, Collier County Government Center PUD Agenda Item No. 17B September 14, 2004 Page 26 of 91 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The Collier County Government Center PUD parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent 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 district boundaries are logically drawn in relation to the existing conditions on the subject property. The rezone request is not motivated by the districts boundaries, but rather is motivated by the limitation imposed on the Government Center by the Public Use (P) Zoning District. The Public Use (P) Zoning District imposes a height limitation upon the Government Center of 35 feet and the list of permitted uses for the district does not include the full scope of services offered within the Government Center Campus. Therefore, the proposed PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMT. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The rezone request is motivated by the limitation imposed to the Government Center by the Public Use (P) Zoning District. The Public Use (P) Zoning District imposes a height limitation upon the Government Center of 35 feet and the list of permitted uses for the district does not include the full scope of services offered within the Government Center Campus. Each request for a new building or extension of an existing building beyond the 35 -foot height or for a use not provided for within the permitted uses of the Public Use (P) Zoning District would require a land use petition for a variance or conditional use and the subsequent public hearings required of the petition. Since the approval of the Government Center DRI, there have been three such land use petitions. The proposed rezone would eliminate the need for further public hearings concerning the build -out of the approved DRI, by creating a regulatory environment catered to the limitations established within the DRI. Also, existing buildings on site which have not received variances from the 35 -foot height limitation are currently legally non - conforming structures and would be brought into conformity with the proposed rezone action. EXHIBIT PUDZ -03 -AR -5087, Collier Cotmty Government CenterPU "B" D — Agenda Item No. 17B September 14, 2004 Page 27 of 91 6. Whether the proposed change will adversely influence living conditions in the neighborhood; The Government Center is an existing facility with an approved DRI. The proposed change to Planned Unit Development (PUD) zoning from Public Use (P) zoning will not have an adverse effect upon living conditions in the neighborhood. The proposed PUD is proposing upgrades to the existing landscape buffer for the project and the increased buffering is anticipated to further mitigate the effect the uses on the subject property has upon the neighboring land uses. 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 5.1 of the Transportation Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. The application qualified for a waiver from the Traffic Impact Statement requirement due to the transportation analysis provided for the project during the DRI approval. 8. Whether the proposed change will create a drainage problem; The Collier County Government Center PUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub - element of the Public Facilities Element of the Growth Management Plan (GMP). The proposed drainage system provided for within the DRI includes the modification of the existing water management system to substantially increase the amount of stormwater that is intercepted, treated and detained prior to discharge. The primary components will be the expansion of existing ponds, the addition of control structures with grease baffles/skimmers to control discharges from existing ponds and the construction of new ponds with control structures and baffles. Secondary components will include grassed swales and stormwater pipes to intercept and convey runoff to the existing and proposed ponds. The proposed PUD will not deviate from the water management plan provided for within the DRI for the project. EXHIBIT "B" PUDZ -03 -AR -5087, Collier County Government Center PUD I Agenda Item No. 17S September 14, 2004 Page 28 of 91 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The proposed request does not seek to increase the allotted square footage allowed by the DRI, but rather seeks to craft the development regulations for the build -out of the allotted square footage. The PUD, by regulation, must provided for a minimum of thirty percent open space within the project. The transitional zones of height development standards contained within the PUD document will ensure that the project will not seriously reduce light and air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; The government center is an existing facility that has been at its present location since 1962. Therefore, staff is of the opinion that this petition, requesting a change in zoning for the existing facility, will not adversely affect property values. The proposed PUD document, through the proposed landscape buffers described in Exhibit "D" and the transitional zones of height contained in Exhibit `B ", has provided standards to mitigate the project's effect upon the surrounding land uses. It should be noted that the value of property is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination by law is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The abutting properties to the Government Center are currently developed properties. The proposed request for PUD zoning for the subject property will not create a deterrent to the improvement or redevelopment of the abutting properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed rezone to PUD complies with the Growth Management Plan, which is a public policy statement supporting zoning actions when they are consistent with said plans. Additionally the proposed PUD document allows use intensity already approved for within the Development of Regional Impact. In light of these facts, the proposed PUD 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. EXHIBIT "B" PUDZ -03 -AR -5087, Collier County Government Center PUD Agenda Item No. 17B September 14, 2004 Page 29 of 91 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The Public Use (P) Zoning District imposes a height limitation upon the Government Center of 35 feet and the list of permitted uses for the district does not include the full scope of services offered within the Government Center Campus. Each request for a new building or extension of an existing building beyond the 35 -foot height, or for a use not provided for within the permitted uses of the Public Use (P) Zoning District will require a land use petition for a variance or conditional use and the subsequent public hearings required of the petition. The property with the Public Use (P) zoning designation could continue to develop within the threshold approved for by the approved DRI, but to construct the project within the approved thresholds would require a number of land use petitions and resulting public hearings. The proposed rezone would eliminate this duplication of efforts. The public hearing process required of this petition is being utilized to evaluate the most appropriate development standard applicable to the limits contained within the approved DRI. Also, existing buildings on site which have not received variances from the 35 -foot height limitation are currently legally non - conforming structures and would be brought into conformity with the proposed rezone action. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD rezone complies with the GMP and the Government Center DRI, and will not adversely impact the scale, density and overall intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The subject property has been owned by the County since 1962 when the County seat for Collier County was relocated from Everglades City to East Naples. The subject property has remained in this capacity from the time of its inception. Due to these circumstances, this question is not truly applicable to the proposed rezone petition. The petition is consistent with all elements of the GMP, is compatible with the adjacent land uses, has adequate infiastructure, and to some extent, the timing of the action is consistent with all County codes. 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. µ EXHIBIT "B" PUDZ -03 -AR -5087, Collier County Government Center PUD Agenda item No. 17B September 14, 2004 Page 30 of 91 The Government Center is an existing facility with approximately sixty percent of the approved square footage for the project either constructed, or presently under construction. The existing nature of the project dictates that the property is currently suitable for the range of potential uses contained in the PUD document 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. PUD2r03 -AR -5087, Colfier County Government Center p uB» PUD Agenda Item No. 17B September 14, 2004 Page 31 of 91 r ti ,xc• r ' APPLICATION FOR PUBLIC HEARING FOR: ® PUD .REZONE ❑ PUD TO PUD REZONE Petition No.: Planner Assigned: Date Received: Commission District: ' ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicants) Collier County Board of CounbY Commissioners / Mr. Skip Camp, J Facilities Management Director Applicant's Mailing Address Facilities Management Department, Building W ' 3301 East Tamiami Trail City Naples State FL Zip 34112 Applicant's Telephone # 774 -8380 Fax # 793 -3795 Applicant's E -Mail Address: Skipcamr &&ll iergov.net ' Name of Agent: Stephen G. Sposato, AICP Firm: Amnoli. Barber & Brundage, Inc. Agent's Mailing Address 7400 Tamiami Trail North. Suite 200 ' City Naples State FL Zip 34108 Agent's Telephone # 597 -3111 Fax # 566 -2203 Agent's E -Mail Address: S1osato(ZAbbinc com ' COLLIER COUNTY COMIMUNTTY DEVEiAPMENT PLANNING SERVICESCUMUNr PLANNING 2800 M HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403- 2400/FAX (941) 606968 -_, as � ..•R Agenda item No. 17B September 14, 2004 Page 32 of 91 *Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulation& Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets ' if necessary) Name of Homeowner Association: N/A Mailing Address City State Zip ' Name of Homeowner Association: ' Mailing Address City State Zip Name of Homeowner Association: Mailing Address City State Zip lName of Master Association: N/A ' Mailing Address City State Zip Name of Civic Association: N/A Mailing Address City State Zip 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL tenancy the eY Y 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 Address pacmtW of Ownership Collier County Board of County Commissioners 1000/0 3301 Tamiami Trail East ADOGntloa For Ed& Barbs For rUD Qom, a A. 4W Agenda item No. 17B September 14, 2004 Page 33 of 91 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. N/A Name and Address, and Office Percentage of Stock C. If the property is in the naive of a TRUSTEE, list the beneficiaries of the trust with the ipercentage of interest. NIA Name and Address Percentage of interest d. If the property is in the name of a GENERAL or LMTF -D PARTNERSHIP, list the name of the general and/or limited partners. N/A Name and Address Percentage of Ownership i 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, including the officers, stockholders, beneficiaries, or partners. N/A ' Name and Address P=entage of Ownership Date of Contract: �oal#niioo For PrbNt lieariet For PiID Rmo�e 4/14/ai Agenda item No. 17B September 14, 2004 Page 34 of 91 ' f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. N/A Name and Address ' g. Date subject property acquired (X) leased ():1962 Term of lease _____yrs. /mos. Please see attached deeds. It 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 responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed legal descri tion of the property covered by the application: (If space is ' inadequate, attach on separate page.) If request involves change to more than 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 last six months, maximum V to 400' scale) 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 survey may be required. Section: 12 Township: 50 Range: 25 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00389600008 Metes & Bounds Description: See Attached '4. Size of property' & = Total Sq. Ft Acres 55f 5. Addresdreneral location of subject property 3301 Tamiami Trail East. Naples, FL 34112 ' 6. PUD District (LDC 2.2.20.4): — Residential X Community Facilities _ Commercial _ Industrial • 00 Agenda item No. 17B September 14, 2004 Page 35 of 91 7. Adincent zoning 2nd land nae: Land use Zoning North CA & PUD Commercial & Multi- Family Residential South U.S. 41 C -5 & RMF -16 Commercial & Multi- Family Residential East RMF -16 Multi Family Residential West A;rwrt Road. C -3 & C - 4 Church & Office Condo 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 page). N /A, Collier County owns adjacent right -of -way, but otherwise A& does not apply. Section: Township: Range: 1 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: 8. Rezone Request: This application is requesting a rezone from the Public Use zoning district(s) to the CFPUD zoning district(s). ' Present Use of the Property: Collier County Government Center Proposed Use (or range of uses) of the property: Collier County Government Center ' 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 Code, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners 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 noted below. Include any backup materials and documentation in support of the request. ADDHakdm For Poblie Hearim For PUR Rezone JnQ13 Agenda Item No. 17B September 14, 2004 Page 36 of 91 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 the pre - application meeting notes; tb. 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 Immokalee/Water ' Sewer District, if in Immokalee) of a 24" x 36' conceptual site plan [and one reduced M" 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 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 structures) on site), • all existing and/or proposed parking and loading areas [include matrix indicating required and provided 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 Environmental Impact Statement (EIS), as required by Section 3.8. of 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 photograph, (taken within the previous twelve 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 shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). ' f. Statement of utility provisions (with all required attachments and sketches); IA•oGeatlm For Pebde Hearing For PUD Reiner 4/14W LL i Agenda Item No. 178 September 14, 2004 Page 37 of 91 g. A Traffic Impact Statement MS), unless waived at the pre - application meeting; h. A historical and archeological survey or waiver application if property is located within an area of historical 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 permits. j. An electronic version of the PUD on a disk as part of this submittal package. k. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8) please be advised that Section 2.7.23.2 (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 County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately. Agenda item No. 17B September 14, 2004 Page 38 of 91 ' PUD Rezone Considerations (LOCSection 2'.7.32:5) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land surrounding areas, t igffie and access, drainage, sewer, water, and other utilities. 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. Findings and recommendations of this type shall be made only alter consultation with the county attorney. 3. Conformity of the proposed PUD 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 bufiering and screening requirements. S. The adequacy of usable open space areas in existence and as proposed to serve the development. ' 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. iZ The ability of the subject property and of surroun&ngareas to accommodate expansion. ' 8 Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such mod cations of justified as meeting public purposes to a degree at least equivalent to literal application of such ' regulations 9. Deed Restrictions: The County is Iegally 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 whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject nronerty- 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? _ 2002 Variance for Navies Jail addition 40 foot height variance Resolution #02488 [l IAoWkzfim For PERk Heart For PUD Remm AA 4W i Agenda item No. 17B September 14, 2004 Page 39 of 91 PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SURMrI'TED vViTN APPIIVATrn11T PAVk''TT1 REQUIREMENTS # OF COPIES REQUIRED - -- NOT REQUIRED 1. Completed Application/PUD documents 24* Z 2. Copy of Deed(s) and fist identifying Owner(s) and all Partners if a Corporation 2* Z 3. Completed Owner /Agent Affidavit, Notarized 2* Z 4. Pre- application notes/minutes 24* g 5. Conceptual Site Plans 24* x 6. Environmental Impact Statement - (EIS) 4 x 7. Aerial Photograph - 5* Z & Completed Utility Provisions Statement (with required attachments and sketches 4 x 9. Traffic Related Analysis 7 Z 10. Historical & Archaeological Survey or Waiver Application 4 x 11. Copies of State and/or Federal Permits 4 % 12. Architectural Rendering of Proposed Structure(s) 4 Z 13. Application Fee = $10000 + W per acre Comprehensive Plan Consistency Review = S2250 Date Conversion — SM Fire Code Review = $150 EJ8 Review — S160-00 Check shall be made payable to: Collier County Board of Commissioners z 14. An electronic version of the PUD on a disk as part of the submittal packet. % 15. Affordable Housing Density Bonus Agreement including all Appendices and Exhibits. 4 Z 16. Boundary Survey (no more than 6 months old) 5 Z 17. OTHER REQUIREMENTS: wc:un U* "uuuu wr ivu9-A=9c r-u"=9 xewew -1 aGainom copy II for anotfable hoR mg As the authorized ag=W"plicaw for this petition, I attest that all of the information indicated on this clleeklist is inchxW in this submittal package. I understand that failure to inchxb all necessary submittal information may result in the delay of processing this petition. Agent/Applicant Signature Date ■rwwwwwr� �1tV1�11.ILi�L'y 1w— Professional engineers, planners, surveyors & mappers INovember 17, 2003 ' Mr. Mike Bosi, AICP, Principal Planner Current Planning Section 1 Community Development and Environmental Services 2800 N. Horseshoe Drive Naples, FL 34104 Agenda Item No. 17B September 14, 2004 Page 40 of 91 Re: Collier. County Government Complex, CFPUD Rezone Application ABB PN 8193 - CFPUD Dear Mr. Bosi: tPIease accept the attached application material for the project identified above. An rnterdepartmental transfer has been requester) in the amount of $ 13,475.00 (Zoning Change ' $11,375, Comprehensive plan Consistency $2,250, Fire Code $150 and credit of $300 for the Pre- application Meeting) for review fees, including the data conversion fee. ' The project site is located on the east side of Airport Road at the intersection with U.S. 41. The 55f acre site has been owned by Collier County since 1962. The existing zoning classification of the subject property is Public Use (P). The Collier County Government Center is a multi-use, ' multi-phase project. Major uses include those related to public safety (courthouse and jail) and administration offices and services. Five Constitutional Officers (Sheriff, Property Appraiser. Tax Collector, Supervisor of Elections and the Clerk of Courts) also utilize this site. The project ' has been previously approved as a Development of Regional Impact (Resolution # 00-443 8t Development Order # 12- 9900 -151). ' The following is being transmitted: 1. Twenty Four (24) copies of the completed application, pre - application notes, PUD document and Master Plan 2. Twenty Four (24) copies of Exhibits with 8 % x 11 copies ' 3. Two (2) copies of the project deeds ' 4. Two (2) copies of the addressing checklist 5. Two (2) copies of the Owner/Agent Affidavit signed and notarized ' Main Otiice: 7400 Tamiami Trail N., Suite 200, Naples, Florida 34108 (239)597-3111 FAX: (239) 566 -2203 Lee County: 1625 Hendry St., Suite 101, Fort Myers, Florida 33901 (239) 334 -1173 FAX: (239) 334 -117S www.abbinc.com Agenda Item No. 17B September 14, 2004 Page 41 of 91 Mr. Mike Bosi, AICP, Principal Planner November 17, 2003 Page 2 6. Seven (7) copies of the transportation related analysis 7. Five (5) copies of the signed and sealed boundary survey 8. One disk containing the CFPUD document in word format The following is a list of deviations with corresponding justifications that we are requesting as a part of this application. ' 1. 2.5.6.2 - Directional Signals Deviation from LDC Section 2.5.6.2 to allow multiple on premise diroctional signs. Number and location of said signs will be submitted for review and approval prior to the applicable Site Development Plan approval for each building or site improvement. The purpose of this deviation is to provide adequate directional signage for the largest concentration of public services, offices, meetings, and programs in Collier County. 2. 2.6.11.4.1— Height of Fences Deviation from LDC Section 2.6.11.4.1 to allow Facilities Management Director to locate and construct temporary and permanent security fencing to secure jail and judicial facilities as needed. Said facilities shall be exempt from the 8 -foot height restriction. The purpose of this deviation is to allow the Facilities Management Director flexibility 1 and discretion to secure and protect judicial facilities and personnel, as needed Given the activities (sheriff, courts, jails and public meetings) that occur on the campus, it is essential that the Land Development Code (LDC) does not restrict the ability of the ' Facilities Management Director to appropriately respond in a timely manner to circumstance, events or issues that involve public safety. ' 3. 2.6.11.4.2 - Wall and Fences Deviation from LDC Section 2.6.11.4.2 to waive the requirement for a six foot tall masonry/concrete wall along those portions of the site abutting residentially zoned property. Landscape buffers abutting residential zoning districts shall be in accordance with Exhibit D, Landscape Buffers Abutting Residential. The purpose of this deviation is to provide site specific landscape buffers that meet the context of individual site characteristics and existing conditions. The Government Center has been in existence since 1962 and substantial landscape buffers have been planted along most of the edges abutting residential zoning districts. The proposed deviation proposes to complement and enhance the existing planted buffers. Agenda Item No. 17B ' September 14, 2004 Page 42 of 91 Mr. Mike Bosi, AICP, Principal Planner ' November 17, 2003 Page 3 4. 2.6.11.5.3, 2.6.11.5.5 and 2.6.11.5.6 — Fence Material and Construction ' Deviation from LDC Sections 2.6.11.5.3, 2.6.11.5.5 and 2.6.11.5.6 to allow Facilities Management Director to utilize any type of fence material or technology to secure jail and judicial facilities. The purpose of this deviation is to allow the Facilities Management age ent Dsrector flexibility and discretion to secure and protect judicial facilities and personnel, as needed. Given ' the activities (sheritT courts, jails and public meetings) that occur on the campus, it is essential that the Land Development Code (1,DC) does not restrict the ability of the ' Facilities Management Director to appropriately respond in a timely manner to circumstance, events or issues that involve public safety. 5. 3.3.2.8.3.17. — Sidewalks Deviation from LDC Section 3.2.8.3.17 to allow sidewalks and bike lanes to be located in accordance with Exhibit C, Non - vehicular Conceptual Circulation Plan. Modifications to ' said plan that are consistent with CFPUD Master Plan shall be approved by the Planning Services Director. ' The purpose of this deviation is to craft a non - vehicular circulation plan that is sensitive to the flit that the majority of the campus has already been developed. Meeting the ctirrent requirements of the LDC along established access drives would require the relocation of major trees, drainage areas and infrastructure, such as fire hydrants, and parking areas. I look forward to working with you on this project. Please let me know if I can provide any additional information or material. Sincerely, AGNOLI, BARBER & BRUNDAGE, INC. Stepp . posato, AICP Project Planner Attachments 0E- 193fd3.ltr Agenda Item No. 17B September 14, 2004 ' Page 43 of 91 PRE - APPLICATION MEETING NOTES [� PUD Rezone ❑ PUD to PUD Rezone Date: S-14-03 Time: q : o o Firm: A B I' Project Name: �0 4},r, M..•. %e.,Vnar,r L ('e i►�rei Applicant Name: $Fft x- La Phoee: ' Owner Name: Co t }K,g('odwl~`l Owner Address: Pboae: ' Meeting Attendees: Planner: .M: lct 3&s 7 4� A�✓ Submittal Requirements (rotor to appkaWn for additional requkvmonts) ' 24 Copies of the following: ® Completed Application Submittal Requirements (rotor to appkaWn for additional requkvmonts) ' 24 Copies of the following: ® Completed Application Pro-application Mating Notes Conceptual Site Plan 24X 36" and One 8 'h X 11" copy PUD do=xmt and Master Plan 2 Copks of the Wowing: ® Iheds/I,egak dt Survey (if bo+ardary of original PUD a amended) ' blot Kkntifymg Owner dt all parties of uotporabon ® Owar/Agod Affidavit signed dt notarized ® C Witted Addressing Cbecl"t 4 Copies of the fakwia=: ® Traffic hwwt Statement (M or waiver %P�1•'+P �Jr+'f*'^.f 77 ur,� ,Cac�s� lt;t - Tit S, ?i•'••t l ❑ FavimnmeatalImpactStatement (EIS)orwaiver 'D;s{r;&%^:#:..- R. •ys�+cfC.ter.tti%.- .�t.,.tos»�s �•n� e- ❑ 13istotial Survey or waiver request �q,.y �,. f.+ -..t es•.,y.,t, /¢f�e*�.. {.K.+ -Q tr... ® ut0ity Provisions Statement w /skatWxs ❑ AmbitecUM rendering of prv"W sinwam Q Survey, sipped dt sealed ' ❑ Five (S) copies of Recent Aerial PhoWgraph (wilh habits[ areas defined) min scaled 1" 400- Ba One (1) Elect uWc version of PUD documms in Word fonast Few: Application Fee: 8 53,000 + S25 per ace' Data Canvessioa NS15 $25 53,000 amendment Data Conversion: S 15000 Fire Code Review ' 5300.00 Pro-application fee (to be credited toward application fee upon wb ukW). 51600.00 EavuvamcnW Impact Statement review foe Fee Total S +properly owner Netlf eadons: $1.00 Non -mar; $3.00 CerntJW ream rece4N =a (m be Paid after rwelpw of in"ke fi,oar PUXXIas eXt) i i Agenda item No. 17B September 14, 2004 Page 44 of 91 SFW w<<I bt r¢yF 4t",+ ' i s �&/ J% e..4, irs,D.vcl�. �.,n n.__�._�. G.'1W,wMPM AW /orr *VnM pre app.doc Rid Mwch 2a. 2oW Agenda Item No. 17B September 14, 2004 Page 45 of 91 . 17A -' RESOLUTION NO 00-"3 DEVEWPlawr ORDER 00-5 DEVELOPMENT ORDER OF THE HOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR THE COLLIER COUNTY GOVERNMENT CENTER, A DEVELOPMENT OF REGIONAL IMPACT LOCATED IN SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY. FLORIDA WHEREAS, Collier County, on Decemba 22,1999, filed an application for development approval (ADA) of a development of regional impact (DRI) known as the Collier County Government Conan DR] in accordance with Section 380.06, Florida Sjgtutes: and WHEREAS, the Collier County Government Center DRI has ban reviewed by, and received all necessary approvals from Collier County agencies, departments, and boards required as conditions precedent DRI approval; and WHEREAS, the Board of County Commissioners is the governing body of the unincorporated area of Collier County, has jurisdiction puraoaat to Section 380.06, II and is authorized and empowered to consider applications for development approval and to issue development orders for DRIs located within its jurisdiction; and WHEREAS, the public notice requirements of Section 380.06 sad the Collier County Zoning Ordinance have been satisfied; and WHEREAS, the Collier County Planning Comminion has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC.) and held a public bearing on the Collier County Government mrent Center DRI Application for Development Approval (ADA) on November 2, 2000; and WHEREAS, Collier County, through its Facilities Management DepwbuvK, and the State of Florida Department of Community Affairs, entered into an Amended Preliminary Development Agreement on May 10, 2000, which authorized commencement of construction of an addition to the Collier County Jail and coustructioon of a juvenile detention facility by the Florida Department of Juvenile Justice prior to issuance of a final DRI Development Order for the Collier County Government Center DRI; and WHEREAS, the issuance of a development order pursuant to Chapter 380.06, Florida does not constitute a waiver of any powers or rights regarding the issuance of other development permits not consistent herewith by the County or State; and WHEREAS, on November 28, 2000. the Board of County Commissioners, at an open public hearing held in accordance with Section 380.04, Florida Statuts:_ having considered the ADA for the Collier County Government Center, the report suet of the SWFRPC; the record of the documentary and oral evidence presented to the Collier County Planning Commission; the report andreconuncodations of the Collier County Planning Commission; the reconunemdations of the Collier County Staff and Advisory Boards; and the record made at said hearin& makes the following findings of fact and conclusions of law: FINDINGS OF FACT 1. The real property which is the subject of the ADA and this Development Order is k Ally described as act forth in Exhibit "A," suached hereto and inemrporstod herein by reference.. RE -SUBbE Tl'AL w_ PUM- 2003 -AR -5087 l PROJECT #2003050037 DATE: 5/10/04 MWE BOSI Agenda Item No, 17B September 14, 2004 17APage 46 of 91 2. 7be applicant submitted to the County an ADA and supplementary ADA =fficimcy responses, collectively referred to as composite Exhibit "B", which by rWhrnce we Made a part hereof to the extent that they are not mmuistent with the teams and conditions of this Development Order. 3. The application for development approval, including the applicant's supplementary ADA responses to agency sufficiency questions, is went with Subsection 380.06, stllilll (1999). 4. Portions of the approximately SS sap comprising the Collier County Govertanemt. Center DRI were developed and in use prior to the filing of the ADA, containing 537,S72 gross square feet of existing office space. Of this existing sanouat of building a total of 110,944 square feet we'wated" because they were built or under construction prior to July 1, 1973, as determined by the Departrneat of Community Affairs (DCA) Binding Letter of Interpretation of Vested Rights, dated November 1. 1999, (DCA File No. BLIVR4n)D -002). S. The Collier Canty Government Center DRI is planned to contain a mncimnm of 996,799 gross square feet of offim space, including the 110,944 square feet of floor area found to be `vested" by DCA, on the l and legally described in Exhibit A. The of ice space will be constructed in three development phases, with build-out projected to occw in the year 2012. The Master Plan for the Collies County Govermuent Colter DIU is depicted on Map H. attached hereto as Exhibit "C" and inco� by reference heatia 6. The development is consistent with the report and reeonmtaodsmatsof the SWFRPC submitted to Collier County pursuant to Subsection 380.06(12), F14ll. 7. The proposed Collier County Government Center DRI is c uistent with the Collier County Comprehensive Plan and local land development regulations, 8. The development will not interfere wide the ac hievcnm= of the objectives of the adopted State Land Development Plan applicable to the area, and is consistent with the State Connprehensive Plan (Ch. 187, ENddLSUb ". 9. The development is not in an area designated as an area of critical state concern p» rsuant to the provisions of Section 380.05, Florida as amended. MORARIM •► • .: NOW, THEREFORE, BE IT RESOLVED by the Board of County Coanmiss loners of Collier County, Florida, in public n webag duly constituted and assembled on this 28' day of November, 2000, that the Collier Coup y Govenmmx Center application for developotaot approval is hereby approved, subject to the following conditions: The Collier County Government Cutter will incorporate the following eawgy conservation features where applicable, feasible, or required by the Collier Comity Lamb Devebpmmnt Code in W futane phases; Provision of a bicycle/pedestrian system Connecting all buildings and odur land use types, to be placed along w1crial and collector roads within the Project This system is to be consistent with local government regmremergs, Agenda Item No. 17B 1 7 gptem ag e 47 of 91 47 of 91 u age b. Provision of bicycle racks or storage facilities in recreational and office commercial areas. C. Cooperation in the locating of bus s tops, shelters, and other passenger and system accommodation: for a transit system to serve the Project area. d. Use of energy - efficient features in window design. P- Use of operable windows and coifing Tana. E Installation of energy - efficient appliances and equip eoL g. Prohibition of deed restrictions or covenants that would prevent or unnecessarily hamper energy conservation efforts (e g., building orientation and solar water beating systems). h. Reduced coverage by aspha t, concrete, rock, and simil substances on. :sleets, parking lots, and other arena to reduce local air Daaperalures and reflected fight and beat. i. Installation of energy - efficient lighting for streets, parking areas, and other interior and exterior public areas. j. Use of water closets with a maximum flush of 3.5 gallons and shower beads and faucets with a maximum flow rate of 3.0 gallons per minute (at 60 ponds of pressure per square inch). 1c Selection of native plants, troa, and other vegetation and landscape design features that reduce re"vementa for water, fatiliur, montammt ' and other needs. Planting of native shade trees to provide reasonable shade for all streets and parking areas. 1. Placement of tress to provide needed shade in the wanner months while not overly reducing the benefits of sunlight in the cooler months. M. Orientation of structures, as possible, to reduce solar beat gain by walls and to utilize the natural cooling effects of the wind. n. Provision for structural shading wherever practical when shading cannot be used effectively. 2. AFFORDABLE HOUSING: An analysis of the need for affordable housing generated by the Government Center DRI was conducted using the methodology developed by the East Central Florida Regional Plowing Council. which has been approved by the Department of Community Affsin and the Southwest Florida Regional Planning Council. The analysis of affordable housing impacts associated with the Collier County Government Center DRl concludes that there is and will be an adequate supply of affordable housing proximate to the Government Center to meet the demands created by the Project, through the build -ous of the Project, anticipated in 2012 A r.- analysis of the employee housing demmxls of Phases II and III of the Collier County Government Center Project will be requh prior to the start of eat Phase only if Collier County significantly changes the number of employees worsting at the Government Caner, or significantly lowers their anticipated wages, in comparison to the data submitted and reviewed by the Southwest Florida Regional Planning Council during its original analysis of the affordable housing demand genwated by the Projem Agenda item No, 17B September 14, 2004 17APage 48 of 91 L Collier Cotcxy shall be fully responsible for site. related roadway and intersection imprvvemcnts required within the Collier County Govemrnent Center Dn including those along U.S. 41 and Airport-Pulling Road, bordered by and Providing access to the DRI, and on Palm Dive as a secondary access, b. Adequate cou= mentg to provide the necea wy transportation , including design and engirnewing, utility relocation, tight- of-way acgvidtien, construction, construction contract administration, and construction inspection necessary to maintain the adapted level of service for the following significantly imlractod regional roadways through Phase is Roadway From -- - To Airport- Pslim4 Roads Radio Road Davit Boulevard Airpon4hdliog Road' Davis Bookvwd U.S. 41 ART I-" asalytds $bows that AbPerr -powne Road rparsht st aeeeDtabls LAW wM1 or wlthow laceraecttas tmprwverpeata, C. Adequate commitments to provide the noeaswy imptoveme nts ° fig, but not limited to, right-0f- way, cost of sigtBE"Ition, tum lames, and other improves de=ed necessary by Collier County to msintain the adopted level of service of the following significantly impacted intersections through Phase 1: d_ DVTERSECT ION "'WROVEaArr US. 41 ® Airport - Pulling Road Add Sowftomd kwwa Use Akpwi- PullinS Road ® Davis Blvd Add Northbound r4a*.ems hoe Add Sood6o nd right -ems hoe Airport- Pu»ins Road ® Glades Blvd. Sijaalaxim if ww=oocd Lakewood Blvd Glades Blvd. Add Sou "o-d risbl -nus bmr and co- Vrsioa to 3-way stop coaaol Palm Drive @ Hwrism Road Adequate Siytalvati if warranbd os, inchdin design and to Proms the ' en , 8 8n engineerin& utility relocation, rigM -0f- -way acquisition, canstnrction, construction contract administration, and construction inspection necessary to maintain the adopted levd of service for the following sipacantly impacted regional roadways througb Phase II: Roadway Furst To U.&410 Davis Boulevard Airport -Paper Road U.S. 41 • Aaport- Palling Rood Lakewood Boulevard U.S. 41 • Lakewood Boukvwd Ranlemake Hammock Rd. Abport-Pallisg Road' Radio Road Davit Boulevard Auport- ftliMg R°ad* Davis Boulevard 111U.& 41 • ART PLAN asatyslt abows tbst Abpert -PurMM Road sad US. 41 LOS with or wlthsst Isternedes •tarsi• at aaeptabts lmpnvemeeu. 4 Agenda Item No. 176 September 14, 2004 Page 49 of 91 17A C. Adequate cotnmitincou to provide the nwe"My UWOV MM iaehding, but not limited to, rigM-of way, cost of sigmlization. turn Imes, and other improvements deemed necessary by Collier County to maintain the adopted level of service of the following significantly impacted intersections duongh Phase 17: L VITERSEC ION V4PJpyzMzNT U.S. 41 g Aapan -Ao 1i% Road Add 2 Sw&bwmd ldkI is Loss Airport- Pulling Rood rQ Davis Blvd Add Nor tbosnd xigbtaam Los U.S. 41 •• Add Sood6omnd sigis men Los Lakewood Boulevard Add Buibo®d rig61 -tort Isar Lakewood Boulevard Add FW&o=d lett-tms Ions Au port -PWIM Rood ® Radio Road Add walboond ka -par loo Airport - Polling Road ® Glades Blvd. sigaaikedoo. dwanvj d Lakewood Blvd. ® Glades Blvd Add Sontbbotmd right -Item Los and • ART–PLAN analysis $bows fiat US. 41 operates at aeuxptabk LOS with ialeraeetim r. ART MAN MO) risws fiat US. 41 aparato kAM aeaepe W LOS wtti or wMboat iatasaettoa bnpr-umwts, A ART PLAN aralysia dhows that Akpwt-Potrag >RmW aparsta at seceptabla LOB With kkrncdm Imprevemests. Northbomud k11-mm Lot and conversion to 3 -way stop control Palm Drive ® Harrison Read S*,N=tioa, if waeraalad Adequate tmenattmems to provide the necessary trmepo>tstkM itWovements, including design and engbxuin& utility relocation. right -of way acquiddeo, construction, a mstruction contract administration, and voatrttction imt:pec:uon necessary to maintain the adopted level of service for the following siFptificantly impacted regional roadways through Phase ID: Roadway From To U.S. 41 • Davis Boalevo d AaporOWli g Road U.S. 41 •• AapoR- Pnlliog Read Lakewood Boulevard U.S. 4100 Lakewood Boulevard Rattlesnake }Hammock ltd, Airport - Poling RokW Radio Read Davis Boulevard Aar on- Polling Roo& Davis Boah"W U.S. 41 • ART–PLAN analysis $bows fiat US. 41 operates at aeuxptabk LOS with ialeraeetim r. ART MAN MO) risws fiat US. 41 aparato kAM aeaepe W LOS wtti or wMboat iatasaettoa bnpr-umwts, A ART PLAN aralysia dhows that Akpwt-Potrag >RmW aparsta at seceptabla LOB With kkrncdm Imprevemests. g. Adequate con ntritmwts to provide the nary improvements including, but not limited to, right -of -way, cost of signabution, turn lone and outer impamveamcais deemed necessary by Collier County to maintain the adopted level of service of the following significantly impacted intersections through Phase III: U.S. 41 ® Aaport.PoWng Road Add 2 Soodrbound 1el14ora Lees Add Eastbound L!W= Los Add Easmoumd right -fora Las Airport- Poling Road ® Davis Blvd Add Nottbbou nd Y40*4om Las Add Scutibaod tight -aaa lase Add Eastbound rigttt-tom Lea Add Easiboaad left-fors Lao Add Norf wood left-tons Lae Add Soodi and lelMara ices Agenda Item No. 17B September 14, 2004 7APage 50 of 91 Add Norettbooad righj. r line Aepon- Pali ng Road ® Glades Stvd Sipoata d0% if wseaaled Lakewood Blvd ®Glades Blvd N dm ime e w and 3-wq stop eoaaol roaveesioe Ps]m Drive ® Harrisoa Road if Improvements to the facilities outlined in recommendations b•cAe,& and g abe>we shall be made at the time that a road segment or intersection is expected to below the level of service standard adopted in the Collier County Core Plan. No building permits for a given phase of this Project"be Weed unless the identified improvements for that phase erne: a) complete, b) under oo�trttetioo, c) the subject of a clearly identified, executed and recorded Local Gov�� Development Agreement consiateet with Sao. 1633220 through 1633423, Flonda Slat_ »K memporste d Into the concurrent with the impacts Of devel Devekrpmernt Order en a bin i:ug eshou commitment from Collier Court tinli�e0t Of i nt with County eaan'btg completion concurrent with the impacts of devclopmeut incorporated into the Develop rMN Order; e) the aobjotct of a binding cOrnmitrnent by the County in the current dune years of the Capidll Improvements Element; or J) the subject of a binding and eaforceabb cone aitment by the developer to provide the improvement conmateat with the impacts of development. Any combination of the above, which ensures that the improvement is also acceptable, provided the S WFRPC, Collier DCA agree that the combination meets the intent of the T• and Standards Rule. 01 As an alternative to these requirements, Collier Cotmty may pay the higher of either (I) the amount of road impact fees payable under the County's toad brgma fee ordinance ( Ord. 2000.56, as amended), or (2) the a proportionate share contribution, calculated consistent with the formula is Paragraph F.A.C., for the ' 9J- 2.045(i)(h). uaprovement(s� Either of these ahenmtive amounts shall be applied only to the construction of one or more of the significantly impacted roadway improvements listed above, or some reasonable ahemative which. if constructed, will reduce traffic volumes on one or more of the hated aegmenta, No building permits for a given phase shall be issued unless either the road impact fee amount is paid at the time that permits are issued or the proportionate share Payment for the construction of a needed improve rnent for that phase is incorporated into the Development Order and until either the impad fee or Proportionate share contribution amount is received by the Cots_ Any payment or change of the VY in of the a Proportionate share payment shall regtrirr a re-analysis payment amount in a Notice of Proposed Change. To determine the project impact on regional facilities, an a lwal momtosing report shall be submitted to Copier County Florida Depariaft of Florida De partmemt of Community Affairs, and SWFRPC far review and approval. The first monitoring repot SW be submitted ace year after the recorded date of the approval of the Development Order, and succasive ropms we Yew thereafter, to the end of Phase I ewttstruc n, and for eve pbases as subsequently updated b project build-out. At a minimum, the report shall contain a swnrnwy of construction and development activities to date. to the categories of development as recorded in the Development Order. in addiuM the report shall contain pan, peak boor trip generation cstimMes and turning movements at each of the Project's access points, and the off -site intersections listed in c, a and g above" 7be report shall also provide a calculation of the existing levels of service for the facilities referenced in paragraphs bed.& and g above. Finally, an estimate of the level of developaneat expected to be added by Agenda Item No. 17B September 14, 2004 17APage 51 of 91 the Project for the forthcoming year will be provided. The monitoring port aball identify the status of the road improvements named to be committed in the DRI Development Order and address any deviation fiam the identified scheduk. U.S. 41 is a regionally significant roadway, which allows for eomrmutes between urban area, as well as serving a a route for intra- urbatt hovel. The segment of U.S. 41 from Airport - Pulling Road to Rattlesnake Hammock Road is projected to operate below adopted level of service standards in Pbae M. This roadway has been identified as a policy constraincd facility, with FDOrs maximum number of allowable general- purpose lanes (six) already constructed. A constrained facility is one in which adding lanes, to meet current or futtn+a need, is not possible because of physical or policy barriers. Collis County and the Collier County Metropolitan Planning Organization (MPPO) have identified recommended roadway improvements and public transportation strategics to serve cumulative ars wide growth Due to the policy constrained designation of U.S. 41 fiorn Airport- Pulling Road to Rattlesnake Hammock Road, the County proposes mitigating future impacts and readying the projected level of service deficiency through the use of one or more of the following plamring tools: Facilities Managment The Matta Plan for the Government Catty includes the construction of satellite offices in North Collier County and in Golden Gate to serve the public at other locations around the County. Publig Inn= The Board of County Commissioners and the MPO recently adopted a Public Transportation Development Plan (1W), that provides for further refinement of services through implementation of a Transit Operation Plan. The Operation Plan is a blueprint for a deviated fixed -route bus system. The proposed Plan identifies the need for seven buses to provide the recommended level of transit service. On August 1, 2000, the County Commission authorized the purchase of seven medium duty diesel buses to provide the deviated fixed - route service. The buses are scheduled to comatence service in February 2001. InvARallalign Demand Management ODIM The overall Transportation Development Plat imoogmrata other TDM strategies. TDM strives to reduce congestion, improve air quality, and reduce stagy constunption by using innovative tecbn*a such as uwreasing vehicle occupancy. reducing the number of trips traveled and rescheduling trips around the peak travel hours. TDM sh rnstives to singk-occupamt vehicles an include carpools, bus pools, or non- motorized travel such an bicycles and walling. TDM altaumves that of m when travel occurs can include variable work hoes, flexible work schedules, or compressed work weeks. Telecommuting is a TDM alternative that affects where employes work. Agenda Item No. 17B September 14, 2004 17APage 52 of 91 TDM strategics may include time mcenhva such as prefenatial paQi�i for ride sharers and high occupancy (HOV) lanes, TDM stra g tegies mtm also include financial incentives such as transportation alkw,aroes and subsidies for transit and non - motorized travel. TDM also mchtdes marketing strategies to encourage alternative travel and to promote transit use. The Collier County reeognza that TSM meaaures will be required in the vicinity of the Government Center, especially on U.S. 41 and Airport- pulling Road. These include rataswb n moprovements, access management and turn prohibitions, improved signal progression and the like. Collier County is in the process of developing a countywide computerized signal rystcm. k. Collier County shall PrOMOW efficient pedestrian and bicycle movement within and between the devalopmemt's components and to adjacent properties as deemed necessary by Collier County. Collier County shall promote transit service through the inclusion of bus stops or Other appropriate transit access poims in site design. consistent with the COMW County transit plans. M. Regardless of the number and types of optional transportation impQOVaneutr, identified above, that are implemented by the County, the following conditions shall be met: if annual monitoring reports lead to the conclusion that one or more regional roadways and intersections ale operating at below the adopted level of service standard and the project is contributing mom than S% of the adopted level of service capacity. then farther building permits and certificates of occupancy shall not be granted until the standards and requirements of the County's Concurrency Management System have been met. 2. The transportadon impacts to the roads and Mtaaecbo= WmbBW above shall be apProprislely addressed consistent with SWFRPC policies, and the determination of proportionate share and/or Pipelining of the regional road improvements shall be in accordance with Section 1633220, Floris� SAMM which requires a Local Government Development Agreement and a commitment by the appHcw t and/or the local government to itaense concurrancy on all significantly impacted regional roadways. n. The County shall transfer the appropriate amounts of say road fine ovm>erd fiords payable pu met to this Development Order to the appropriate agency with mamtennce and improvement m`po=iWity for those roadways, which am rot under the jurisdictional mobility of Colhar County, but upon which the project has significant and adverse impaa& MMULCONDMONS a. All commitments and impact mitigating action speeded in the Application for Development Approval (and supplementary ) that are not in conflict with specific conditions for project approval outlined above are oEciaoy adopted as conditions for approval, Agenda Item No, 17B September 14, 2004 Page 53 of 91 17A b. The development- phasing Schedule presented within the ADA and as adjusted to date of Development Order approval shall be incorporated as a condition of app val. if Development order conditions and applicant commitnucaft incorporated within the Development order, ADA or aufFiciency round to mitigate regional impacts are not caned out as indicated to the extent or in accord with the timing schedule$ Specified within the Development Order and this phasing schedule, then this shsn be preamred to be a substantial deviation for the affected regional issue. C. If Collier County, during the course of carrying out and monitoring the development, determines that substantial changes in the conditions underlying the approval of the Development Order have occurred or that the Development Order was based on substantially inacau'ate information resulting in additional substantial regional impacts, then a substantial deviation Shall be deemed to have occurred. NOUN, THEREFORE, BE IT FURTHER RESOLVED, by the Board of County Commissioners of Collier County, Florida that 1. The Development Services Director shall be the local official responsible for ensuring eomplirwce with the Development Order . 2. This Development Order shall remain in effect for eightoeo (18) yea's from the date of adoption. 3. The defmitions contained in Chapter 380, Part I (Earviroaanental Land and Water Mamgement Act of 1972) shall control the on and construction of any terms of the Development Order. 4. . Collier County, or its successors in title to the subject property, shall submit a Teport annually, commencing one year from the effective date of this Development Order, to the Southwest Florida Regional Planning Council and the Department of Community Affairs. TIM report shall contain the information required in Section 380.06(18), Florida StaMM and Section 91- 2.025(7), Florida Administrative Code. This report Shan be prepafed in accords= with the "DRI Monitoring Format," as may be amended, provided by the Southwest Florida Regional Planning Council- Failure to submit the arsrual report shall be governed by the provisions of Subsection 380.06(18). EgddL,SUUIW 5. Subsequent requests for development permits shall not require further review pursuant to Section 380.06. Florida &W91ea. unless it is found by the Board of County Commissioners of Collia County, after due notice and hearing, that one or more of the following is present: A substantial deviation from the tams or conditions of this Developmwt Order, a substantial deviation to the Project Developant Plsalag Schedule, a failure to cant' out conditions, commitments' of mitigation measures to the extent of in accord with the tinning schedules specified - herein or in the Phasing Schedule in the ADA, or substantial deviation from the approved development Plana which crate a reasonable h1dii ood of additional regional impacts or other types of regional impacts which were not previously reviewed by the SWFRPC; or b. An expiration of the period of effecdvcmm of this Development Orda, as provided herein; L__ Agenda Item No. 17B September 14, 2004 7APage 54 of 91 Upon a finding that any of the Preceding conditions exists, the Board of Comity Commissioners of Collier County may take any action authorized by Chapter 380.06(l 9� Elorida SUMa M pending ;asuance of an amended Development Order. 6. The approval granted by this Development Order is limited The Wptuval shall not be construed to obviate the duty of Collier County to comply with all other applicable, local, state, of federal permittimg prvadurm 7. It is understood that any reference herein to any governmental agency ".be conserved to mum ary future instrumentality or agency which may be created or designated the successor in interest to, or which otherwise possesses any of the powers and duties of, any referenced goverrmient agency in existence on the effective date of this Order. 8. In the event that army portion or section of this Order is determined to be itrvalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, �n decision shall in no msrrrrer, of ect the rernaimmg portions of this Order, which shall remain in full face and effect. 9. This Order shall be binding upon the County. 10. Tlvs Deve)opmeat Order shall becorme effective as provided by law. 11. Upon execution, certified Copies of this Development Order shall be provided to the Department of Community Affairs and the SWFRPC as provided in Subsection 380.07, EkddAj%WML% 10 Agenda Item No. 17B September 14, 2004 17A Page 55 of 91 BE IT RESOLVED Mal this Resolution relating to Petition Number DRI -99-3 be recorded in the minutes of this Board. This Resolution adopted after modem, second and majority vote. Dome thisfilAg day of bnAft4w . 20DD. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLO A • .1 t• i y ATJ'T J By:,Gl� yaT4..S�Q, Dwight E. Brock, Clerk Attest as to Gtalrum'S S19"twe 081Iy. Approved as to Form and Legal SufSciency: MarjMc M. Student Assistant County Attorney j �• �. � •• is • -•�� EXHIBIT "A" Lego] Description EXHIBIT "B" ADA and sufficiency Responses (by refumce) EXHIBIT "C" Master Plan (Map -M 12 Agenda Item No, 17B September 14, 2004 17AWage 56 of 91 EXHIBIT"All Agnoli, Barber & Brundage, Inc. Certificate of Authorization Number LB 3664 7400 Tamiami Trail North Naples, Florida 34108 Report of Boundary Survey of Part of Section 12, Township 50 South, Range 25 East; Collier County, Florida ABB FN 7340 -4, SeptemberW,1997 Ref ABB File NO. 6241 Map of Boundary Survey: Agen a Item o. Sept b r 14 004 larftf 91 Attachment 5 -1 (10 pages) See Map of Boundary Survey of Collier County Government Complex, ty' g m Section 12, Township 50 South, Range 25 East, Collier County, Florida, dated - 7 This Survey Map and Report is not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper which can be found at the end of this report. The Map and Report are not full and complete without the other. Legal Description: Fumished by the client Official Record Book 93, Page 552 Official Record Book 93, Page 554 Official Record Book 165 Page 402 Official Record Book 630, Page 593 Official Record Book 994, Page 234 Official Record Book 147, Page 501 Less and except right-of-way parcels 140a and 140b, as described in Official Record Book 2061, pages 1241 -1246, all of Public Records of Collier County, Florida. Also I have prepared a new description entitled "Description of Lands Surveyed" reference sheet 2 of 2 of Map of Boundary Survey. See attached Exhibit A. Accuracy: ' The expected use of the Iand, as classified in the Minimum Technical Standards (61 G17-6 F.A.C.), is Commercial/High Risk. The minimum relative distance accuracy for this type of boundary survey is I foot in 10,000 feet. The accuracy obtained by measurement and calculation of a closed geometric figure was found to exceed this requirement. -5- Agenda Item No, September 14, 2004 Page 58 of 91 17A Report of Boundary Survey ABB PN73204 October 1, 1997 (continued) Data Sources: The property descriptions were furnished by the client. Current Title Search or Abstract for the property was not provided nor reviewed. Additional instruments for right-of-way takings information was provided. For right -of -way Parcels 140x, and 140 b, in Official Record Book 2061, Pages 1241 through 1246. Reference to U.S. 41, S.R. 90. Right- Of-Way Maps, Section. 03010 -2554, prepared by Florida Department of Transportation, copies were obtained from Florida Department of Transportatiom Limitations: The right -of -way of U.S. 41, S.R. 90 was established from reference to the Right- Of-Way Maps, for U.S. 41. The areas 'of right -of -way takings were established from the provided right -of- -way descriptions. Boundary Inconsistencies: Any differences in the boundaries found in the survey from field or map calculations, from deeds. plats or other reference sources is shown on the Map of Survey. Apparent Physical Use: U.S. 41 (S.R. 90) abuts the property to the south, Airport Road (CIL 31) abuts to the west. The property today is being used as the Collier County Government Complex. Easements: Easements as shown on map, from provided copies of Official Records. Location of E6ced Improvements: The location of buildings, lake and drainage structures and connecting pipes were field located. Location of other improvements will be obtained with the aid of aerial photography provided by Aerial Cartographics of America, Inc. who will provide planimetric features to supplement this survey. Note: U.S. 41 is under construction at the time of this survey. 2 Report of Boundary Survey ABB PN7320 -4 October 1, 1997 (continued) Prepared For: Office of Capital Projects Management 3301 Tamiami Trail East Building "D" Naples, Florida 33962 For the Benefit o! Office of Capital Projects Management, Surveyor and Mapper in Responsible Charge: Wayne D. Agnoli Registered Surveyor and Mapper License Number L.S. 5335 Signed: o9- auxi.noc 3 Seal: Agenda Item o. September 14, 2004 Page 59 of 91 17A Agenda Item No. 178 ?mber 14, 2004 .,Page 60 of 91 Ir M EXHIBIT "A rd -1 7 WAD" -St ct.,its -,-free. 10 rl:-L T call•! Q. Gram -r) w Call.1 US CroaLoo). The Gr%&Ior, to Consideration beret7 tracts. barjelas# 80110, Ulwbefor -ftl to•j• :1• Gr•fttaola be3re, rooserwors and sooLans. Lho t-,;: ..-w at tbew. IyLa4 ud bells In C*Uler C&%LnL7. F:•:*.-.•-. Cooseselag at & p*Jat M 00 WOOLOrly L.VMWW7 11" rf t-c*'Oft 1;, TOMSUP.50 spotbor"I Let. 143.30hado" PorldIO3. -.t I%• - .0 &at Tall (tI.S. 41). 9m4wlls* of Us- Perth 00 101 Xr V9*VTUV.76 root tm 'bf :AMLbW*O' I-,rfWr -! ".3ii6niis 13j--Vbiq** NW%b 0• Is, W We&% 6j.fA f-01 Le t!- U or the ubrtbw4 rl4bs-or- fy bawdery cr Bald Ta U W2 M&O seouso 11801 uwm" sftaLk S• 0), 'J' b*%W•&7 or -."Iqrl W6i' Ai -*,:;i,'-Misu S e oOftWq%& DMM"gt ="*Ug It* JaLet•.%6tL" FUb%-st•"W bDNW"7 Of PAU Ad" 3--S'A 'Xmd), Un foist at leginal"ll Pboneo costlasInt "It !rot Ty.90 * j4S a I. *VUt& - 6j: M w n tr4:, w Aii war" boWL" & U.,70 *. t4L w Ift *am go-we t• On ALpt 618% ".avi%Arly - bcwn4-r-j of North V* 071 17' Inat Y-Llu '-%5 -st 3%. too► lw-: • poLaLf tbs&" ;!.15 re-1. 'toot ti'l Alst; **tbosao Far" 479 Sr Q*-{set W 41• W woot 3!0.gr,.. "t 1.0 a Peu t go.; bvwAwy of ZSU"."Ml "!j I" uvrrf,; a•"Ith"isi"'S"th 0• is- w teat a4-sat to sho 1p"At of 110claalwas. =92M idti'&U Lawanbala. heredltreoto 00d spp-jrtw4-A".*. ULLOS, ista."Oote. 601.0,iia, •+#*r S!, assaw"ta. O".r1parlaft a6d. lit wise pertalialagg. 70 WE AID:r3 MOLD Lbw 4ains ft to* a Lnrl- ri v it r'r , :S ": Vn, F Agenda Item No. 17B geptember 14, 2004 Page 61 of 91 Lit FXHIBIT W I- Ct*OWP) to tborelsafter 12 QO , , * *,"roe , 0 , P, vMN peat 4119 C, U= COMM, a Paz I I va r IS* go scoWers r•rolf-• tttwtit Zyls, •FA bell% in C1,111or C4&0*.y, C"WWZMKAM Comm-up t a plat wo Uw WOO101`17 brAm!-r7 ling nt ?W~ Me S_Ibp UMA 23 gogtv Ta"Aboo"o JbrJ4 so at jaurgeouso vita 00 O"Well" of tho TOMI&AS Teti womb Do it, we wool, 1149.76 root free Us SCULb000t v*f"r at " Seause 121 tbos" awth oo is, w voot 63•4 roe, to u., Z:Ur"OUM or Us su,Uprly r4k%_&rvoy bVIAIMSM7 Of '", '..Teatest, Trall with 8614 sequou items taees,m Sowth w C). 2)• ':bat ?OUWU4 MU aw"Orly r4bt-of.v$7 bowder? a ?*&lost Tr &U 99.15 toot to 9 40 Sall,•ja WWMMMIL postus Ito tALOTOOOLSCO 00 be"" r 2%sto &"a 3.8!4 art we art Howl maws earth 00 IV w set tallOWL06.06JA Tr 1010001437 at 3%&ts go" 3-156 1?5 CC root North 00 IS' %e V&St 911r4l t, at 3"USU4, tb"WO wegettn"" te waiwaosts • 1-tirlobt-4ew"r boom" q".00 toot to 0 eafte" I illlilii• 1161ra W 461' 108 1"S 135.00 toot to a so" to wavalaos%'. Mrs 93" W Ar X"t U2.63 feet to a pow0vt• so"Onset;. ..ftr* W" Or 170 WS 8"M tarot %a 0 Owwy•%* Mb`aw"%1* 4balk 20 sp 00 =oat 7J0.00 toot to 0 womwese awww"t'i me a" 17* v"I 5".00 ftet " a oiloo"So sawwwwats I W 170 Vast MO.= too' to & 4006"%* &a,pe 60* A& I&, as USLjjr%ksa0%Mjr boWAWY 'asout 0 ft"11 twouve SWUMMOIgiry ata" a move %* the XORZ iii" 140110w% It At" 4111 saw velat boars, Sw%b &W gal Jo. 4049" belft IM-69 fook• Iftep"ah • oostral &"Ito wr 1009 toots %boome W, 117.1 Rows-3d.96 twe" as"* ftwa A 430 %low% •vMi6pq,@w1b W all W. "Ot. 2P.10 root %a p►lut, K bogta"-. IL&ws-e ad Old set" stv, •olat►p, ro►erole", or is MW wlp* por"Ass". now== It S. T!4 049M -a cm.-I 31V TL oftf9telp nVARM rl IV ar F se. �wo f 44=47 ODOR R:I, 20 ..seam, 4Mk�uof-. oqr w,40 mk"*vwlmN* et J. '84TA 0% SVT�rj W*w*$..!z p pt ;P, leas", 4 ul VT g fTROHZ,"T 3�.� ir��r'Cr�: �;►•�'•,!'} � jrj r.:4c.. j � lei t�, •`t!�3'i. t'r':. • : t„•{ :::::�f ` _,,; . A-L jo, jam mowr am 9 4W 3W -T ar :.PIP clf, ,ilwi NO I i� 40 le. N.4 J.; T!4 049M -a cm.-I 31V TL oftf9telp nVARM rl IV ar F se. �wo f 44=47 ODOR R:I, 20 ..seam, 4Mk�uof-. oqr w,40 mk"*vwlmN* et J. '84TA 0% SVT�rj W*w*$..!z p pt ;P, leas", 4 ul VT g fTROHZ,"T 3�.� ir��r'Cr�: �;►•�'•,!'} � jrj r.:4c.. j � lei t�, •`t!�3'i. t'r':. • : t„•{ :::::�f ` _,,; . A-L jo, jam mowr am 9 4W 3W -T ar :.PIP clf, ,ilwi NO I i� Agenda Item No. September 14, 2004 Page 63 of 91 _ are • 1_C0x032 E� F ��`' �'" �• C' -. �- r i5 }_x02 AT , A . .,� 12 ril ,.:•.: apt . �I..._ 0iD mss 17 Tit 1AMGLE 17A C:poration, a corporation incorporated and e:tistira =dar the lama o: the .tats of.tlorid*, &Loos post offioi address is 363 Firth Avance touts Y.sploss 7lorida'(heroinafter called the Orantor) to • Dewey R. Gargiulo. as Trustee 2903 Calvin Boulev &rd Fort Myers. Florida (horsinaftar ea3lod the ar&ntas). Lf Z t p 8 6 5_3 T A t The O;aater, in consideration of the ens of Teo Dollars and other good and valuable considerations, the receipt whereof is hereby acknowledged, hsraby grants, bargalas, sells, transfer and touters to the brantee, and %be Cruntesso • heirs, euecesaors and aaaigna, the fo] lowing described lends situate, 17tmS _&rA being In xxx, ,xxxxXwmoot*xf ettlaxaixf xiAAm the Southwest quarter (") Of. Section 12, Township 50 South. Range 2S East, Collier County, State of Florida: Com onciny at the Southwest corner of Section 12; thence along the West 1-Ina of se sactlen 12, North 00 18' 50" West 1858.24 fact; thence North 890 41' lo" East 70.0 fast to the Northwest corner of the Court Nauss site; thence continuing- North 890 41' 10" East 135.00 feet: thence North $50 321 4S" East $42.63 feet; t5ance ' North 00 18' 50" West 143.46 feet for the PLAct OF BEGINNING of this description; them North 00 181 501' West 200.00 feet; thence North 890 41' 10" East 1058.70 fast; thence South 20 52' 43" East 1174:39 foot; thence South 470 15'2301 Walt 1280.46 foot to the Northeasterly right -of -way line of the Tamlawi Trail (U.S. 41) thence along sold right -of -way line. Northrrestarly 260.00 fast &tong the arc of a circular curve concave to the Southwest. radius 5788.65 feet. 'subtended by a chord which bears North 440 O1' 49" West 259.96 feet; thence North 440 4:' 00" Eist 1116.89 feet; thence North 870 07' 17" East 129.62 feet; thence North 20 52' 43" West 750.00 feet; thence North 00 Its 50" West 143.46 feet; thence South 870 07' 17" West 873.00 feet to the Piiee of Beginning; containing 16.76 acres of lend, more or less. War= with an ten=sntc, bsreditaments and sppat•tstta»ees, arA all right . pom,rs, plrl,K =sass, titlees antorssts, estates, »Tersivnss ranaladara, eaaseestt and T3ysri&a &ad littoral rights tbereto bslongiag or !ie any viae pertaining. T'0 HATZ ab 70 Wo the alas in fie simple forever. •811JJ►�C? to sy oil, gas or tsiaeral leases or irtbereats or-records arA to an ri&tt of Wsj, sLoomeabs or convoraa•eo of reserd or that an soaursts inoww s 0V inspration rogld disalose for roads, o0raatrustiott of toads, railroads_ ; AUG utilities, tol•phons and pass+ 11ttee2 bor:Ox pitsp cutfall ditches and a:eins;e. AAl is: a +; ym `�.r� p,`�tM9 �i+C1+."�lE'J" !7K[ =s�i;Q;�' .cy,�_ .;T.1 C ^' s e�"�js{ ' ;,,R •Cj- �1 ` rr.0, i� >:S. :i>;:•r�.� ^ ,. I Z.T: It :l I)j. I 'U147 P 4. cei 06 If g3 IL Octob*r A. GAM tes and Indivic6ally .4 04 A" er -17 1... ..COLL= ipolitical subdivision of: the .Apteof 7. x4ples, 40 ALLAOLS C0N3cuAT0p4-j.;,;4_ P.W by 4. r.... • PIN by ow-" ft so Gow"s a. no pop" k cow. 9M, tho CosAir of sects;• 32, laasutr '23 seat. Colsior County, lezid•l run 4j" ANT44 co••2b6l line •13•50• W."t, tint,46.45Ums Via%. of sajd. Section M " dim distance • dLZ'.3nCQ after -dd 0, pa"go, ad 6 12 .,Of a distance of 1651.70 fa*tf UIGC" of 1374.19 gestj t.%*Acg feet, ths.,ce x •5.19•02• W- 441i4hes of� 323i97::r&etj tboneg S 17*07*11• W, a distance of.95.72,feett thence x42!07.32• 2, a distame of 70.71 tent, :thtaco' rest$ ssaas. 31. X 'j.. 00 f0stl-thenew 5 17.07-171i .87r.00 foov-to•...thi ram or a n test Z)LSLfMWR REXTRMM 9,ft- Am azu"ATIMS or a ni CI:•i!v C. unrf. Fkw it J. $FkA'vrj Cie br-02 QC ::;Wwb,*mcs "Ow "Z .0 ev hi *0 Zr 17: COLLIZA 60" &%d JIM ?nda item No. 17B Page 17A. MIRTH TLNA 5 ?nda item No. 17B Page 17A. iw, IJ w �iiirrw ire/ Mr do kv* ow 3i IL 37 flawl" T-, .Tr KI VIL IV baMTwj. p:& I.-!: I -e. - - j_.T I.-!: I -e. - - j_.T SECCTIOtt 07010 -2554 Agenda Item No. 17B September 14, 2004 FYHiRIT •A" 17A PARCEL 140 A) That portion of the southwest 1/4 of Section 12, Township 50 South, Range 25 East, Colliikr County, Florida. Doing described as follows: Commence at the southwest corner of said Section 12; thence r:vnq the west boundary of said section 12, North 00.16155" West, 1,165.26 fast to the survey base lino of State Rond 90 (U.S. 41); thence along said survey base line South $2.00049" East, 89.17 test) thence North 00.16,55" West, 76.42 feet to the intersection of the easterly right Of way line of Airport - Pulling Road (per Dead Book 11, page 56) and the northerly existing right of way line of said State Road 90 (U.S. 41) (per Section 03530 -2607) for a POINT Or BEGINOX"01 thence along said easterly right of way line North 00.16'55" Nest, 29.02 feet; thence South 52.00049" East, 224.62 test; thence South 37.171370 East, 52.26 test to the beginning of a curve concave southwesterly; thence along the are of said curve to the right, having a radius of 3,856.72 feet, a central angle of 03042'07", an arc length of 249.19 feet, the chord for-which bears South 481141015" East to the and of geld curve/ thence South 42.09051" West, 19.70 feet to said northerly existing right of way line (per Section 0010 -2116) and the beginning of a curve concave southwesterly; thence along said northerly existing right of way line, the arc of said curvo to -the left, having a radius of 5;788.65 feet, a central angle of 02.471140, an arc length of 281.61 feet, the chord for which bears North 49.13'46" west to said northerly existing right of way line (per Section 03570 -2607) and t:►e end of said curve; thence along said northerly axlstirvj right of way lino, North 39022.97" East, 11.69 feet; thence North 52.00112" west. 224.14 feet along sold northerly existing right of way line to the POINT Or BEGINNING. Containing 11,150 square feet. ALSO EXHIBIT "A" Page 1 °o z�� p Q) �� 2 M�'N�� .Y • MAA �r +�w��•wr OOO Aiam' P A/o0 WJ "'�'��!�� -�r•r� FApQ drllfD,J PaAdwQ IIlWs1 "K� M�,M dLt «0. -LZHIHX3 �.i o, w Agenda Item No. 176 September 14, 2004 Page 67 of 91 ORDINANCE NO. 04- AN ORDINANCE OF THE BOARD OF COUNTY COMMISBONERS 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 05125; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "P" PUBLIC TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE COLLIER COUNTY GOVERNMENT CENTER PUD LOCATED AT THE SOUTHEST CORNER OF THE US 41 AND CR 31 INTERSECTION, IN SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 55± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Stephen G. Sposato, AICP, of ABB, representing Collier County Facilities Managment, 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 12, Township 50 South, Range 25 East, Collier County, Florida, is changed from "P" Public to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 0512S, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION 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 COh II.SSIONERS COLLIER COUNTY. FLORIDA ATTEST: BY: DONNA FIALA , CHIAIItMAN DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency Marjorie M. Student Assistant County Attorney Herz- M- .r5W/fW o - 1 - Agenda Item No. 17B September 14, 2004 ORDINANCE NO. 04- Page 68 of 91 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 91- 102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, OR SUCCESSOR PROVISION, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 0512S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PUBLIC USE (P) TO PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS THE COLLIER COUNTY GOVERNMENT CENTER PUD LOCATED AT THE SOUTHEAST CORNER OF THE US 41 AND AIRPORT - PULLING ROAD (CR 31) IN'T'ERSECTION, IN SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 55+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Stephen G. Sposato, AICP, of Agnoli, Barber & Brundage Inc., representing Collier County Department of Facilities Management, 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 12, Township 50 South, Range 25 East, Collier County, Florida, is changed from Public Use (P) to Planned Unit Development (PUD) in accordance with the PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 0512S, as described in Ordinance Number 91 -102, the Collier County Land Development Code, or successor provisions, is hereby amended accordingly. SECTION 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 DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency Marjo ' M. Student ' Assistant County Attorney e„a:- 2003- ,r- 5027m✓io - 1 - Agenda Item No. 17B September 14, 2004 Page 69 of 91 COLLIER COUNTY GOVERNMENT CENTER A COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT/ DEVELOPMENT OF REGIONAL IMPACT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE COLLIER COUNTY GOVERNMENT CENTER, A COMMUNITY FACILITITIES PLANNED UNIT DEVELOPMENT PREPARED FOR: COLLIER CO UNTY BOARD OF COUNTY COMMISIONERS PREPARED BY: AGNOLI BARBER AND BRUNDAGE 7400 TAWAMI TRAIL NORTH SUITE 200 NAPLES FL, 34108 DATE REVIEWD BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER E MI T "A" Agenda Item No. 17B September 14, 2004 Wage 70 of 91 TABLE OF CONTENTS PAGE TABLE OF CONTENTS i LIST OF EXHIBITS AND TABLE ii STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP & DESCRIPTION I SECTION II PROJECT DEVELOPMENT 5 SECTION III COMMUNITY FACILITIES AREAS PLAN g SECTION IV DEVELOPMENT COMMITMENTS I 1 M Agenda Item No. 17B September 14, 2004 Page 71 of 91 LIST OF EXHIBITS AND TABLES EXHIBIT A PUD MASTER PLAN EXHIBIT B MAXIMUM BUILDING HEIGHT EXHIBIT C CIRCULATION MASTER PLAN EXHIBIT D LANDSCAPE BUFFERS ABUTTING RESIDENTIAL ii Agenda Item No. 17B September 14, 2004 Page 72 of 91 STATEMENT OF COMPLIANCE The development of approximately 55+ acres of property in Collier County, as a Community Facilities Planned Unit Development to be known as Collier County Government Center CFPUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). Land uses 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: Public Use Proiect The subject property is within the Urban Commercial District, Mixed Use Activity Center Sub - district, Activity Center #16, and the Bayshore- Gateway Triangle Redevelopment Overlay. Government center uses are permitted in these designations. 2. The subject property's location in relation to existing or proposed community facilities and services allows the development's intensity as required in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. The project development will result in an efficient and economical extension of community facilities and services as required in Policy 3. Lof the Future Land Use Element. 5. The government center has been previously approved as a Development of Regional Impact (DRI). The CFPUD zoning district is consistent with the approved DRI. 6. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, or successor provision, of the Collier County Land Development Code. 7. Improvements are planned to be in compliance with the applicable land development regulations, as set forth in Objective 3 of the Future Land Use Element. 8. The Collier County Government Center Community Facilities PUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub - element of the Public Facilities Element of the GMP. iii Agenda Item No. 17B September 14, 2004 Page 73 of 91 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 Collier County Government Center CFPUD. 12 LEGAL DESCRIPTION The subject property described as: ALL THAT PART OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12, THENCE NORTH 00 018'50" WEST ALONG THE WESTERLY LINE OF SAID SECTION 12, A DISTANCE OF 185824 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID SECTION 12, NORTH 89 °41'10" EAST 70.00 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT -OF -WAY LINE OF AIRPORT- PULLING ROAD, C -31 (S.R. S -858) AND THE NORTHWESTERLY CORNER OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 93, PAGE 554, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE NORTH 89 041'10" EAST ALONG THE NORTHERLY LINE OF SAID LANDS A DISTANCE OF 359.56 FEET; THENCE NORTH 00 °18'50" WEST ALONG A WESTERLY LINE OF SAID LANDS A DISTANCE OF 304.53 FEET; THENCE NORTH 89 041'10" EAST ALONG THE NORTHERLY LINE OF SAID LANDS, A DISTANCE OF 224.56 FEET TO A SOUTH WESTERLY CORNER OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 994, PAGE 234, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 00 °18'50" WEST ALONG A WESTERLY LINE OF SAID LANDS A DISTANCE OF 343.46 FEET TO THE NORTHWEST CORNER OF SAID LANDS; THENCE NORTH 89 041'10" EAST ALONG THE NORTHERLY LINE OF SAID LANDS A DISTANCE OF 1058.88 FEET TO THE NORTHEAST CORNER OF SAID LANDS, SAID CORNER BEING A POINT ON THE WESTERLY LINE OF THE GLADES UNIT TWO AS RECORDED IN PLAT BOOK 10, PAGE 88, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 02 °52143" EAST ALONG THE EASTERLY LINE OF SAID LANDS AND THE WESTERLY LINE OF SAID PLAT A DISTANCE OF 1174.15 FEET, TO A SOUTHEASTERLY CORNER OF SAID LANDS; Agenda Item No, 176 September 14, 2004 Page 74 of 91 THENCE SOUTH 47 015'23" WEST ALONG A RADIAL LINE AND ALONG THE SOUTHEASTERLY LINE OF SAID LANDS AND ALONG THE SOUTHEASTERLY LINE OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 165, PAGE 402, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, A DISTANCE OF 1280.44 FAT TO AN INTERSECTION WITH THE NORTHEASTERLY RIGHT -0F -WAY LINE OF U.S. 41 (SR. 90) TAMIAMI TRAIL AND THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 5788.65 FEET; TEIENCE NORTHWES'T'ERLY ALONG THE ARC OF SAID CIRCULAR CURVE AND S NORTHEAST AID ERLy RIGHT -OF -WAY LINE THROUGH A CENTRAL 00 °11'45" AN ARC DISTANCE OF 19.78 FEET TO A NON - TANGENT 1NTERSECTIO ANGLE D F WITH THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWESTERLY AND WHOSE RADIUS POINT BEARS SOUTH 50 032'57" WEST 3856.72 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE AND SAID NORTHEASTERLY RIGHT -0F -WAY LINE, THROUGH A CENTRAL ANGLE OF 05 013'20" AN ARC DISTANCE OF 351.53 FEET TO A INTERSECTION WITH THE SOUTHEASTERLY LINE OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1013, PAGE 600, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 42 006'36" EAST ALONG SAID SOUTHEASTERLY LINE OF SAID LANDS A DISTANCE OF 134.02 FEET TO THE CORNER OF SAID LANDS; THENCE CONCAVE NORTHWESTERLY ALONG THE ARC OF ANON- TANGENT CIRCULAR CURVE SOUTHWESTERLY WHOSE RADIUS POINT BEARS SOUTH 43 033'26" WEST 5938.65 FEET AND ALONG THE NORTHEASTERLY LINE OF SAID LANDS THROUGH A CENTRAL ANGLE OF 01 026'50" AN ARC DISTANCE OF 150.00 FEET TO THE CORNER OF SAID LANDS; THENCE SOUTH 42 006'36" WEST ALONG THE NORTHWESTERLY LINE OF SAID LANDS A DISTANCE OF 130.41 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY RIGHT -OF -WAY LINE OF U.S. 41 (S.R. 90) TANHAMI TRAIL, SAID INTERSECTION BEING A POINT ON THE ARC OF A NON - TANGENT CIRCULAR CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS SOUTH 43 005'49" WEST 3856.72 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE AND SAID NORTHEASTERLY RIGHT -OF -WAY LINE THROUGH A CENTRAL ANGLE OF 03 044'15 11 AN ARC DISTANCE OF 251.57 FEET; THENCE NORTH 37 019'32" WEST ALONG SAID NORTHEASTERLY RIGHT -OF -WAY LINE A DISTANCE OF 52.26 FEET; THENCE NORTH 52 002'44" WEST ALONG SAID NORTHEASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 224.62 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT -OF -WAY LINE OF AIRPORT- PULLING ROAD C -31 (S.R. S -858); THENCE NORTH 00 °18'50" WEST ALONG SAID EASTERLY RIGHT -OF -WAY LINE A DISTANCE OF 659.22 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 54.91 ACRES OF LAND MORE OR LESS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. LESS AND EXCEPT THAT PORTION DEEDED FOR STATE OR COUNTY RIGHT-OF-WAY AS APPEAR IN THOSE CERTAIN DEEDS AND INSTRUMENTS RECORDED AT: O.R BOOK 2061 PAGES 1245 AND 1246; AND /OR UTILITY EASEMENTS AS APPEAR IN THOSE CERTAIN DEEDS AND INSTRUMENTS RECORDED AT: FPL -O.R BOOK 112 PAGE 219, O.R. BOOK 34 PAGE 91, O-R_ BOOK 385 PAGE 34 AND O.R BOOK 745 PAGE 1272/ UTILITY- O.R BOOK 136 PAGE 434. Agenda Item No, 178 September 14, 2044 Page 75 of 91 13 PROPERTY OWNERSHIP The subject property is under the ownership of Collier County, 3301 Tamiami Trail East, Naples, FL 34112. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located on the east side of Airport Road at its intersection with U.S. 41. The 55f acre site has been owned by Collier County since 1962. B. The zoning classification of the subject property prior to the date of this approved CFPUD Document was Public Use (P). C. The property has received the following approvals: 1. Southwest Florida Regional Planning Council Development of Regional Impact (DRI #12- 9900 -151) Collier County Development Order (Resolution No. 00 -443) 2. Conditional Use — Juvenile Detention Center (Resolution No. 98 -477) 3. Variance -40 -foot height variance for jail expansion (Resolution No. 2002 -488) 4. Variance -34 -foot height variance for 5 -story parking garage (Resolution No. 2002 -486) 5. Conditional Use — Jail Expansion (Resolution No. 02 -487) 1.5 PHYSICAL DESCRIPTION Surface water management for the project has been approved by the SFWMD (Permit # 11- 01784 -P). The site is located in the Winter Park Outlet Sub -basin of the Haldeman Creek Basin. Outfall flows to Haldeman Creek via the Winter Park Outlet Canal and U.S. 41 and Airport- Pulling Road storm sewers. 1.6 PROJECT DESCRIPTION The Collier County Government Center CFPUD is a multi -use, multi-phase project. Major uses include those related to public safety (courthouse and jail) and administration offices and services. Five Constitutional Officers (Sheriff, Property Appraiser, Tax Collector, Supervisor of Elections and the Clerk of Courts) also utilize this site. The project has been previously approved as a Development of Regional Impact (Resolution # 00 -443 and Development Order # 12 -9900 -151). Agenda Item No. 17B September 14, 2004 Page 76 of 91 1.7 SHORT TITLE This Ordinance shall be known and cited as the Collier County Government Center Community Facilities Planned Unit Development Ordinance. 2.1 2.2 Agenda Item No. 17B September 14, 2004 Rage 77 of 91 SECTION H PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL A. Regulations for development of the Collier County Government Center CFPUD shall be in accordance with the contents of this Document, and other applicable sections and parts of the Collier County Land Development Code and GNP in effect at the time of building permit application except where deviations have been granted herein. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the County Land Development Code shall apply. The Collier County Government Center CFPUD shall be in accordance with the limitations established within Resolution Number 00-443 and Development Order Number 00 -5 (DRI- 99 -03). B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code, or successor provisions, 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 Collier County Government Center CFPUD shall become part of the regulations that govern the manner in which the site may be developed. D. Unless modified, waived or excepted by this CFPUD Document, the provisions of the LDC, or successor provisions, where applicable remain in full force and effect with respect to the development of the land which comprises this CFPUD. 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, or successor provision. 5 Agenda Item No, 17B September 14, 2004 Page 78 of 91 23 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit A, CFPUD Master Development Plan. The following is a conceptual break down of land uses. Table A: Land Coverage Land Use Acreage Building Coverage 14± Common Area/ en Space 23.5± Water Management 6.5± Parkin Area 15± Total Project 55± B. In addition to the various areas and specific items shown herein, such easements as necessary shall be established throughout the site as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE The CFPUD provides for a maximum of 996,799 square feet of building area for permitted and accessory government center uses. Parking decks and ancillary uses, such as equipment areas, do not count towards this building area allocation. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Exhibit A, CFPUD Master Plan, constitutes the required PUD development plan. Subsequent to or concurrent with CFPUD approval, a preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the CFPUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, or successor provisions, and the platting laws of the State of Florida. B. The provisions of Division 3.3 of the Collier County Land Development Code, or successor provisions, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. Agenda item No. 17B September 14, 2004 Page 79 of 91 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the CFPUD as provided in the Collier County Land Development Code, Subsection 2.7.3.5, or successor provision. 2.7 PROVISION FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL The excavation and stockpiling of earthen material in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off -site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Subsection 3.5.5.1.3 of the Land development Code, or successor provisions. B. All other provisions of Division 3.5, Excavation of the Land Development Code, or successor provisions, shall apply. Agenda item No. 17B September 14, 2004 Page 80 of 91 SECTION III COMMUNITY FACILITIES PLAN 3.1 PURPOSE The purpose of this Section is to identify the uses and development standards that will be applied to the areas so designated on Exhibit A, CFPUD Master Plan. 3.2 GENERAL DESCRIPTION The CFPUD is being reviewed for a total of 996,799 square feet of floor area for government related uses on 55f acres. Parking decks and ancillary uses, such as heating and air conditioning equipment areas, do not count towards this building area allocation. 33 PERMITTED USES A. Permitted Principal Uses and Structures: 1. Administrative service facilities 2. Child care, not for profit 3. Collection and transfer sites for resource recovery 4. Communication towers 5. Education facilities 6. Essential public service facilities 7. Fairgrounds 8. Libraries 9. Museums 10. Park and recreational service facilities 11. Parking facilities 12. Safety service facilities 13. Animal control facilities 14. Determination (including judicial) facilities and jails 15. Detoxification facilities 16. Electric or gas generating plants 17. Incinerators, HVAC plants and other like facilities 18. Major maintenance and service facilities 19. Health clinics, Mental health and rehabilitative facilities, not for profit 20. Resource recovery plants 21. Rifle and pistol range for law enforcement training (indoor only) 22. Any other uses that are comparable in nature with the foregoing uses and are consistent with the permitted uses of this CFPUD, as determined by the Board of Zoning Appeals. 8 3.4 Agenda Item No. 17B September 14, 2004 Page 81 of 91 Uses AccessM to Permitted Use 1. Accessory uses and structures customarily associated with the principal permitted uses. 2. Residential and commercial uses of an accessory nature which are incidental and customarily associated with support of a primary public use of the site for public purpose. 3. Temporary uses on the site for public purpose in accordance with Section 2.6.33 of the Land Development Code, or successor provisions. 4. Accessory uses which are provided by concessionaires under agreement with the County for the provision of the service. 5. Earth mining, provided the use of the excavated materials is utilized for governmental projects. 6. Any other uses that are comparable in nature with the foregoing uses and are consistent with the uses accessory to permitted uses of this CFPUD, as determined by the Board of Zoning Appeals. DEVELOPMENT STANDARDS A. Minimum Lot Area: B. Minimum Lot Width: C. Minimum Yards: 1. Principal Structures (a.) Perimeter of CFPUD abutting residentially zoned property (b) Perimeter of CFPUD abutting non - residentially zoned property. None required. None required. Fifty (50) feet or '/2 the building height, whichever is greater. Twenty -five (25) feet or'' /z the height, whichever is greater. (c.) Waterfront Zero (0) feet to bulkhead or rip -rap at top -of -bank, otherwise 20 feet. 2. Accessory Structures Setback for accessory structures shall be in accordance with Section 2.6.2 of the Land Development Code, or successor provisions. 9 Agenda Item No. 17B September 14, 2004 Page 82 of 91 D. Distance Between Principal Structures on the Same Parcel: A minimum of 15 feet or one -half the sum of the building heights measured by the closest exterior building walls, whichever is greater. E. Maximum Building Height: Thirty-five (35) feet for all structures located within the thirty -five foot maximum zone as depicted by Exhibit B of this Document. Fifty (50) feet for all structures located within the fifty foot maximum zone as depicted by Exhibit B of this Document. Seventy -five (75) feet for all structures located within the seventy -five foot maximum zone as depicted by Exhibit B of this Document. One hundred and ten (I 10) feet for all structures located within the one hundred and ten foot maximum zone as depicted by Exhibit B of this Document. 10 Agenda item No. 17B September 14, 2004 Page 83 of 91 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 4.2 GENERAL All facilities shall be constructed in accordance with final site development plans, final subdivision plans and all applicable State and local laws, codes, and regulations applicable to this CFPUD, in effect at the time of final plat, final site development plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2, or successor provisions, of the Land Development Code shall apply to this project even if the land within the CFPUD is not to be platted. The developer, its successor and assigns, shall be bound by the commitments outlined in this Document. The owner, its successor or assignee, shall agree to follow the Master Plan and the regulations of the CFPUD, 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 is bound by the commitments within this Document. 4.3 PUD MASTER PLAN A. Exhibit A, CFPUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or 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 application. Subject to the provisions of Subsection 2.7.3.5 of the Land Development Code, or successor provisions, 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 service utilities and all common areas in the project. 4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Phasin : This project is being constructed in multiple phases. A conceptual project phasing schedule is included in the DRI Development Order. 11 Agenda Item No. 17B September 14, 2004 Page 84 of 91 B. Sunsetting: This CFPUD shall be subject to the sunset provisions of Subsection 2.7.3.4, of the Land Development Code, or successor provisions. C. Monitoring Report: An annual monitoring report shall be submitted pursuant to Subsection 2.7.3.6 of the Land Development Code, or successor provisions. 4.5 TRANSPORTATION The development of this CFPUD Master Plan shall be subject to and governed by the following conditions: A. All traffic control devices and design criteria shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT), as amended, and as required by Florida Statutes — Chapter 316 Uniform Traffic Control Law. B. All traffic speed limit postings shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT) — Speed Zoning Manual, as amended, and as required by Florida Statutes — Chapter 316 Uniform Traffic Control Law. C. In accordance with the approved DRI Development Order, the payment of road impact fees fully mitigates off -site traffic impacts. Road impact fees shall be used to construct improvements at significantly impacted intersections specifically listed in the DRI Development Order. D. Any and all points of ingress and/or egress as shown on any and all plan submittal(s) are conceptual in nature and subject to change as determined by Collier County Transportation Staff. Collier County Transportation Staff reserves the right to modify, or close an ingress and/or egress location(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational issues, and roadway capacity problems. E. Any and all median opening locations shall be in accordance with the Collier County Access Management Policy, as amended, and Land Development Code, as amended or superceded. Median access and control shall remain under Collier County Transportation Staff authority. Collier County reserves the right to modify, or close any median opening(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational issues, roadway capacity problems. F. All work within Collier County rights -of -way shall meet the requirements of Collier County Ordinance No. 93 -64, as amended. 12 Agenda item No. 17B September 14, 2004 Page 85 of 91 G. When the build out of the Government Center reaches 750,000 square feet of total building intensity including parking structures, the County shall change the Harrison Road entrance into the Government Center from a right- in/right -out condition to a one -way condition. H. At the time of site development plan submittal for the new County Commission Building and the parking garage associated with the new County Commission Building, all vehicular and pedestrian transportation systems internal to the project shall be brought into compliance with Subsections 3.2.8.3.17 and 3.2.8.3.18 of the Land Development Code, or successor provision, in effect at the time of submittal. I. Access via Palm Drive to the Government Center by construction traffic in the project shall be prohibited. 4.6 WATER MANAGEMENT A. Copies of applicable SFWNM surface water management permits shall be submitted prior to final site development plan approval. B. An excavation permit shall be required for any proposed lake(s) in accordance with Division 3.5 of the Land Development Code, or successor provisions, and SFWMD Rules. C. Lake setbacks from the perimeter of the CFPUD may be reduced to twenty -five (25) feet where a suitable barrier is erected. 4.7 UTILITIES A. Potable water and sanitary sewer services are provided by the City of Naples. Collier County may assume responsibility for providing one or both of these services in the future. Any change of service provider shall not require an amendment to the CFPUD. B. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project shall be designed in accordance with applicable County and City ordinances. 4.8 ENGINEERING A. This project shall be required to meet all County ordinances in effect at the time of final construction documents are submitted for development approval. - B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code, Divisions 3.2 Subdivisions, or successor provisions. 13 Agenda Item No. 176 September 14, 2004 Page 86 of 91 4.9 ENVIRONMENTAL A An exotic, vegetation removal, monitoring and maintenance (exotic free) plan for the site shall be submitted to Environmental Services Department Staff for review and approval prior to final site development plan approval. B This CFPUD shall be consistent with the environmental sections of the Collier County GMP Conservation and Coastal Management Element and the Collier County Land Development Code, or successor provisions, in effect at the time of final development order approval. 4.10 ARCHITECTURAL AND SITE DESIGN STANDARDS New construction shall be in accordance with provisions of Division 2.8 of the Land Development Code, or successor provisions. 4.11 SIGNS All signs shall be in accordance with Division 2.5 of the Land Development Code, or successor provisions, except where a deviation is provided for herein. 4.12 LANDSCAPING A. Landscaping shall be in accordance with the Division 2.4 of the Collier County Land Development Code, or successor provisions, in effect at the time of building permit application, except where a deviation is provided for herein. B. A minimum of thirty (30) percent open space of the gross site area, as described in Section 2.6.32 of the Land Development Code, or successor provisions, shall be provided. 4.13 DEVIATIONS FROM THE LAND DEVELOPMENT CODE A. Subsections 2.5.5.2.5.10. and 2.5.6.2., Directional Signs Deviation from Subsections 2.5.5.2.5.10. and 2.5.6.2., or successor provisions, to allow an unlimited number of on premise directional or informational signs. Number and location of said signs shall be included on applications for site development plan or site improvement plan approval. B. Subsection 2.5.5.2.5.8.3., Special Events Signs 14 Agenda Item No. 17B September 14, 2004 Page 87 of 91 Deviation from Subsection 2.5.5.2.5.8.3. , or successor provisions, to allow the placement of banners, kiosks and other similar periodic displays. Such signs shall be exempt from permitting. C. Subsection 2.6.11.4.1., Wall and Fences Deviation from Subsection 2.6.11.4.1. , or successor provisions, to allow the Facilities Management Director to locate and construct temporary and permanent security fencing to secure jail and judicial facilities as needed, based upon the accepted security /penitentiary industry standard. Said facilities shall be exempt from the 8 -foot height restriction. D. Subsection 2.6.11.4.2., Wall and Fences Deviation from Subsection 2.6.11.4.1., or successor provisions, to waive the requirement for a six foot tall masonry/concrete wall along those portions of the site abutting residentially zoned property. Landscape buffers abutting residential zoning districts shall be in accordance with Exhibit D, Landscape Buffers Abutting Residential. E. Subsections 2.6.11.5.3., 2.6.11.5.5. and 2.6.11.5.6., Fence Material and Construction Deviation from Subsections 2.6.11.5.3., 2.6.11.5.5. and 2.6.11.5.6., or successor provisions, to allow Facilities Management Director to utilize any type of fence material or technology to secure jail and government facilities, based upon the accepted security /penitentiary industry standard to ensure public safety and welfare. F. Subsection 3.2.8.3.17., Sidewalks Deviation from Subsection 3.2.8.3.17.., or successor provisions, to allow sidewalks and bike lanes to be located in accordance with Exhibit "C ", Conceptual Circulation Plan. Modifications to said Plan that are consistent with the CFPUD Master Plan shall be approved in accordance with Subsection 2.7.3.5.6 of the Land Development Code, or successor provisions. This deviation shall remain in effect until time of site development plan submittal for the new County Commission Building, as referenced by 4.5.H. of this document. 15 0: (r it z cc 0 (L cc zc If LAND USE KEY: (3) BUILDING/ SURFACE PARKING (WM) WATER MANAGEMENT JP) PARKING STRUCTURE I= MAJOR INTERNAL DRIVE =INTERMEDIATE INTERNAL DRIVE MINOR INTERNAL DRIVE C-3 C-4 PUD DAVID GALLMAN ESTATE A2 1;1 p==wMMwiMn me P E3 li-11 Agenda Item No. 17B R I p.ntomhor Id 9OnA RMF-6 V.- �7Yr C-3 0-5 PUD COURTHOUSE SHADOWS IV RMF-1 6 Paqe 88 of 91 0 21x36 SCALE: 1'-Iw 11.17 SCALE' I - -TOa Q i, NOTES: I tANDSCAPE BUFFERS AND PAPOONG AREA LANDSCAPING WILL BE N ACCOMV04CE VWM UIV� ZA OF THE LA 0E%VLOPM6W ccoa 2. nEM04:0 PAFWWG MAY SE SHARED CISTIPCT LAND USES, THE TOTAL K.W"WE"14 THE FIECOMEO PAR�M SPACES WILL SC MR Ce E N ^Ooo WITH DrVISON 230E THE LANDOEVE-Lopmew 0001. & LCC 710"S OF PRESEFM3. BUCONG& IAFJCNG L FA&,S1.EWAUKWBOAAVWALKS AND F&OFeAT0NAL � FACES, ARF CONCEPTUAL AND MAY 8NIFT r4 ACCORDANCE W1T1H SPECIFIC srTF ooNDTTION2. Exhibit A - Collier County Government Center PUD Master Plan Axgust,2003 83 93-CFPUU8645 FUD m ,d-g 16 LAND USE KEY: (B) BUtLDNG/ SURFACE PARKING (WM) WATER MANAGEMENT (P) PARKIN' STRUCTURE - MAJOR INTERNAL DRIVE INTERMEDIATE INTERNAL DRIVE s MINOR INTERNAL DRNE U O 0 D a c U RES —DE N! � I RESmENTIAL PUD DAVID GALLMAN ESTATE C- 4_11�M�INW�IM�N�IIAM MAX. 50 ' ;� wM . RMF -6 PUD COURTHOUSE SHADOWS Agenda Item No. 17B September 14, 2004 Page 89 of 91 �L"TIMAS MAX. 75' W/ A CAP OF 5 STORIES (BASED ON EXIST. LOCATION OF BUILDING H) MAX. 35' (LESS THAN 50 FEET FROM PROPERTY LINE) RMF -16 p RESIDENT ALI a wM,;'�' MAX, 50 ' ko B o C -5 Exhibit B - Collier County Government Center Maximum Building Height 17 A.g..KNO 111,34m O C -3 wM = \MAX. 11w, 1% B B PUD COURTHOUSE SHADOWS Agenda Item No. 17B September 14, 2004 Page 89 of 91 �L"TIMAS MAX. 75' W/ A CAP OF 5 STORIES (BASED ON EXIST. LOCATION OF BUILDING H) MAX. 35' (LESS THAN 50 FEET FROM PROPERTY LINE) RMF -16 p RESIDENT ALI a wM,;'�' MAX, 50 ' ko B o C -5 Exhibit B - Collier County Government Center Maximum Building Height 17 A.g..KNO 111,34m O INTERNAL DRIVE PURPOSE SUMMARIES, R WTEPN^L DRIVE- INTERMEDIATE INTEMAL DRIVE: WN0A INTERNAL DAJVE� � . . No Dwd= DR :7DR 7:FVKEY: 0o ofw-cr Exhibit C - Collier County Government Center Conceptual Circulation Master Plan 18 Agenda Item No. 17B September 14,2O04 Page 90 of 91 0 LLI AREA E bff. '--i- —ft t- 21 a BW-S S. 36 1 f.r r..d f CUSUMO p•km it - - Wu w Typ a S-T AREA L." Ty-, 0 9-0- POP' Y k" pw,,i 4i, • ItY W tbc ti Agenda Item No. 17B 4ptember 14, 2004 Page 91 of 91 XTA it r - ------------------------------ ! AREA D —ft b� Z14* f� of� D J. Typ. 1, Buff. V —3-k _d *,.t. . M L, XW- 11.20" ------------------ T AREA C ew" 21 a hm a.id. b.0- AREA F pl." &bb..w •e. -6 Alb. 0 E- 40 wid. bff. I LmuH Type fk B-M- "TOW AREA B Exatag 42 3 rooq wKw buffs vex �t cc L-dwpwkg -itbm Ate. MWUDtLDj buff.. No "b—Ai Wndw.,p. buff- -------------- _ ,moo. \ � ��; AREA A coat Aid. smr.. -;ng hdj..pWs wWb& Am A F- -UW buff. /mow CGS NOTES: r--S: ACCOPDAMM ---- - - -- ----- AREA I J..0 T". 0 Bff. -)-a p-V-TT h- .b.d., d- AREA H h.0 Tyr D BaaEb..low US-41. ,.b— 6 Exhibit D - Collier County Government Center Landscape Buffers Abutting Residential S.Vwbw, 2M $I" is I ba zmw zwLd.M 19 Agenda Item No. 17C September 14, 2004 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to adopt resolutions approving the preliminary assessment as the final assessment rolls and adopting same as the non -ad valorem assessment rolls for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste Districts No. 1 and No. 2, Municipal Service Benefit Units Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance 90 -30, as amended. Revenues are anticipated to be $12,372,800. OBJECTIVE: To have the Board of County Commissioners adopt resolutions approving the preliminary assessment as the final assessment rolls and adopting same as the non -ad valorem assessment rolls for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 1 and District No. 2 Municipal Service Benefit Units Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance 90- 30, as amended. CONSIDERATION: On July 30, 2002, the Board of County Commissioners --- adopted Resolutions for Solid Waste District No. 1 and District No. 2 Municipal Service Benefit Unit Special Assessments to set the date, time and place for a public hearing to approve a special assessment (non -ad valorem assessment) to be levied against properties within the above Districts. The resolutions were set for a 3 -year period beginning with fiscal year 2003 and ending with fiscal year 2005. Staff is recommending that the Board adopt the attached Resolutions, which approves the preliminary assessment rolls (on file with Minutes and Records, Clerk to the Board) assessing certain properties within the identified areas in the unincorporated area of Collier County. The final rolls will be certified by the County Attorney as directed by prior Board action before it is merged with the tax bills. Upon adoption of the Resolutions, all assessments shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor statutes authorizing the collection of such assessments on the same bill as ad valorem taxes, shall be billed. All special assessments (non -ad valorem assessments) up to $175 per year for each Equivalent Residential Unit for solid waste collection and disposal services in subsequent years shall be collected as non -ad valorem assessments on the tax bill. FISCAL IMPACT: $140.34 per equivalent residential unit. Funds will be deposited in Mandatory Trash Collection Fund (Fund 473) for collection fees for Agenda Item No. 17C September 14, 2004 Page 2 of 11 District 1 - $11,759,500 and District 2 - $613,300. Total anticipated revenues for FY -05 is $12,372,800. GROWTH MANAGEMENT IMPACT: There is no growth management impact for this item. RECOMMENDATION: The Board of County Commissioners adopt the attached Resolutions approving the preliminary assessment rolls as the final rolls and adopting same as the non -ad valorem assessment rolls for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 1 and Solid Waste District No. 2 Municipal Service Benefit Special Units Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance 90 -30, as amended. 17C COLLIER COUNTY 80� OF C�jm�"�MJM�NER, .^~-�...~�~_~~^��_~��~^~^ ".,,'"" ^=~�BY ^pp~" By ^=~^~ ^pp~�By ^,,~.~ By ^ °~�^.PM w ^---�` .^= ~p-~By ^pp~^~ =~='~P. Agenda Item No. 17C September 14, 2004 Page 4 of 11 RESOLUTION NO. 2004 - A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON -AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 1 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90 -30, AS AMENDED WHEREAS, the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as COUNTY), adopted Collier County Ordinance No. 90 -30, as amended, creating two (2) Municipal Service Benefit Units in the unincorporated area of Collier County for the purpose of providing and regulating Solid Waste Collection and Disposal Services; and WHEREAS, the County intends to finance the Solid Waste Collection and Disposal Services through the levy of special assessments (non -ad valorem assessments) against residential units as defined in Collier County Ordinance No. 90 -30, as amended, that are benefited by the solid waste collection and disposal services. Said properties are located within the boundaries of Solid Waste District No. 1 Municipal Service Benefit Unit as described herein and in Collier County Ordinance No. 90 -30, as amended; and WHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held to adopt a non ad- valorem assessment roll for purposes of utilizing the uniform method of collection, and WHEREAS, said public hearing was duly advertised and regularly held at the Board of County Commissioners' Boardroom, Third Floor, Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on September 14, 2004. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Agenda Item No. 17C September 14, 2004 Page 5 of 11 SECTION ONE. The Board, having met to receive and consider the written objections of the property owners and other interested persons appearing before the Board as to the propriety and advisability of confirming and adopting the Solid Waste District No. 1 Municipal Service Benefit Unit Preliminary Assessment Roll, as to the amounts shown thereon to be assessed against the lots and parcels of land to be benefited and as to the equalization of such assessments on a basis of justice and right, does hereby confirm such preliminary assessment roll which excludes certain residential units that are included in a homeowner's association or property owner's association that pays the commercial fee for solid waste collection and disposal services for all such units. Further, the Board adopts the preliminary assessment roll and makes it final as the Solid Waste District No. 1 Municipal Service Benefit Unit final assessment roll (non -ad valorem assessment roll) for the purpose of using the uniform method of collection. The total special assessments for the solid waste collection and disposal services for Solid Waste District No. 1 Municipal Service Benefit Unit for FY 2005 is $140.34 per Residential Unit and in subsequent years shall not exceed $175.00 per Residential Unit. The total assessments against the benefited properties are described and set forth in the preliminary assessment roll (non -ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and ;ncorporated herein as Exhibit A. The Board hereby confirms the special assessments (non -ad valorem assessments) and the final assessment roll (non - ad valorem assessment roll), which is on file with Clerk to the Board Minutes and Records, and subsequent years shall be on file with the Clerk to the Board, Minutes and Records by September 1 't of each subsequent year. SECTION TWO. Such assessments are hereby found and determined to be levied in direct proportion to the special and positive benefits to be received by the properties listed in the preliminary assessment roll (non -ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and are located within the Solid Waste District No. 1 Municipal Service Benefit Unit which is more particularly described as follows: 2 Agenda Item No. 17C September 14, 2004 Page 6 of 11 LEGAL FOR DISTRICT ONE. Beginning at the intersection of the North line of Section 6, Township 48 South, Range 25 East also known as the Lee-Collier County line and the eastern shoreline of the Gulf of Mexico; thence East along said Lee-Collier County line to the northeast corner of Section 12, Township 48 South, Range 26 East; thence South along the easterly line of Range 26 East, Township 48 South to the southeast corner of Section 24, Township 48 South, Range 26 East; thence east along the south line of Sections 19 and 20, Township 48 South, Range 27 East to the southeast corner of Section 20; thence north along the east line of Sections 20, 17 and 8 of Township 48 South, Range 27 Fast to the southeast corner of Section 5, Township 48 South, Range 27 Fast; thence easterly along the south line of Sections 4, 3, 2 and 1 of Township 48 South, Range 27 East to the southeast corner of Section 1, Township 48 South, Range 27 East; thence north along the east line of Section 1, Township 48 South, Range 27 East; thence north along the east line of Sections 36 and 25, Township 47 South, Range 27 East to the southeast corner of Section 24, Township 47 South, Range 27 East; thence easterly along the south line of Sections 19, 20 and 21, Township 47 South, Range 28 Fast to the southeast corner of Section 21, Township 47 South, Range 28 East; thence southerly along the west line of Sections 27 and 34, Township 47 South, Range 28 East and continuing southerly along the west line of Sections 3, 10, 15, 22, 27 and 34, Township 48 South, Range 28 East; thence south along the west line of Sections 3, 10, 15, 22, 27 and 34, Township 49 South, Range 28 East to the southeast corner of Section 34; thence easterly along the south line of Sections 34, 35 and 36, Township 49 South, Range 28 East; thence east along the south line of Township 49 South, Range 29 East and Township 49 South, Range 30 East to the southeast corner of Section 36, Township 49 South, Range 30 East, being also the centerline of Alligator Alley (1-75); thence continuing easterly along the centerline of Alligator Alley (1 -75) to the northeast corner of Section 4, Township 50 South, Range 31 East; thence southerly along the east section line of Sections 4, 9, 16, 21, 28 and 33, Township 50 South, Range 31 East; thence southerly along the East section line of Sections 4, 9, 16, 21, 28 and 33, Township 51 South, Range 31 East; thence southerly along the east section line of Sections 4, 9, 16, 21, 28 and 33, Township 52 South, Range 31 East; thence southerly along the east section line of Sections 4, 9, 16, 21, 28 and 33, Township 53 South, Range 31 East to the Collier-Monroe county line; thence westerly along the said county line to the easterly shoreline of the Gulf of Mexico; thence Westerly and Northerly along the waters of the Gulf of Mexico to the Lee-Collier county line being the north line of Section 6, Township 48 South, Range 25 East and being the Point of Beginning. Less and except all the lands located within the corporate limits of the City of Naples and Everglades City. Also, less and except those barrier islands as described in Ordinance No. 90-30, as amended. SECTION THREE. Upon adoption of this Resolution all the special assessments (non -ad valorem assessments) and all special assessments in subsequent years for Solid Waste Collection and Disposal Services within Solid Waste District No. 1 Municipal Service Benefit Unit shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor statutes authorizing the collection of such non -ad valorem assessments on the same bill as ad valorem taxes shall be billed. SECTION FOUR. The assessments shall be final and conclusive as to each lot or parcel assessed and any objections against the making of any Agenda Item No. 17C September 14, 2004 Page 7 of 11 assessable improvements not so made shall be considered as waived, and if any objection shall be made and overruled or shall not be sustained, the adoption of this Resolution approving the final assessments shall be at the final adjudication of the issues presented unless proper steps shall be taken in a court of competent jurisdiction to secure relief within twenty (20) days from the adoption of this Resolution. SECTION FIVE. All assessments shall constitute a lien upon the property so assessed from the date of confirmation of this Resolution of the same nature and to the same extent as the lien for general county taxes falling due in the same year or years in which such assessments fall due, and any assessment not paid when due shall be collected pursuant to Chapter 197, Florida Statutes, in the same manner as property taxes are collected. SECTION SIX. The Clerk is hereby directed to record this Resolution, not including the attached Exhibit "A ", in the Official Records of Collier County. A recorded copy of this Resolution and the attached Exhibit "A" shall be maintained on file in the office of the Clerk to the Board, Minutes and Records. SECTION SEVEN. This Resolution shall become effective immediately upon its passage. This Resolution adopted this day of , 2004, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN 4 Agenda Item No. 17C September 14, 2004 Page 8 of 11 RESOLUTION NO. 2004 - A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON -AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 2 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90 -30, AS AMENDED WHEREAS, the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as COUNTY), adopted Collier County Ordinance No. 90 -30, as amended, creating two (2) Municipal Service Benefit Units in the unincorporated area of Collier County for the purpose of providing and regulating Solid Waste Collection and Disposal Services; and WHEREAS, the County intends to finance the Solid Waste Collection and Disposal Services through the levy of special assessments (non -ad valorem assessments) against residential units as defined in Collier County Ordinance No. 90 -30, as amended, that are benefited by the solid waste collection and disposal services. Said properties are located within the boundaries of Solid Waste District No. 2 Municipal Service Benefit Unit as described herein and in Collier County Ordinance No. 90 -30, as amended; and WHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held to adopt a non ad- valorem assessment roll for purposes of utilizing the uniform method of collection, and WHEREAS, said public hearing was duly advertised and regularly held at the Board of County Commissioners' Boardroom, Third Floor, Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on September 14, 2003. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Agenda Item No. 17C September 14, 2004 Page 9 of 11 SECTION ONE. The Board, having met to receive and consider the written objections of the property owners and other interested persons appearing before the Board as to the propriety and advisability of confirming and adopting the Solid Waste District No. 2 Municipal Service Benefit Unit Preliminary Assessment roll, as to the amounts shown thereon to be assessed against the lots and parcels of land to be benefited and as to the equalization of such assessments on a basis of justice and right, does hereby confirm such preliminary assessment roll which excludes certain residential units that are included in a homeowner's association or property owner's association that pays the commercial fee for solid waste collection and disposal services for all such units. Further, the Board adopts the preliminary assessment roll and makes it final as the Solid Waste District No. 2 Municipal Service Benefit Unit final assessment roll (non -ad valorem assessment roll) for the purpose of using the uniform method of collection. The total special assessments for the solid waste collection and disposal services for Solid Waste District No. 2 Municipal Service Benefit Unit for FY 2005 is $140.34 per Residential Unit and in subsequent years shall not exceed $175.00 per Residential Unit. The total assessments against the benefited properties are described and set forth in the preliminary assessment roll (non -ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and incorporated herein as Exhibit "A ". The Board hereby confirms'the special assessments (non -ad valorem assessments) and the final assessment roll (non - ad valorem assessment roll), which is on file with Clerk to the Board Minutes and Records, and subsequent years shall be on file with the Clerk to the Board, Minutes and Records by September 1 " of each subsequent year. SECTION TWO. Such assessments are hereby found and determined to be levied in direct proportion to the special and positive benefits to be received by the properties listed in the preliminary assessment roll (non -ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and are located within the Solid Waste District No. 2 Municipal Service Benefit Unit which is more particularly described as follows: 2 Agenda Item No. 17C September 14, 2004 Page 10 of 11 LEGAL FOR DISTRICT TWO Beginning at the northwest corner of Township 47 South, Range 27 East, Collier County, Florida; thence east along the Collier - Lee county line also the township line to the northeast corner of Township 47 South, Range 27 East; thence north along the Collier-Lee county line also the range line to the northwest corner of Township 46 South, Range 28 East; thence east along the Collier-Hendry county Line also the township line for Townships 45 and 46 South to the northeast corner of Township 46 South, Range 30 East; thence south along the Collier-Hendry county line also the range line of Ranges 30 and 31 East to the southeast corner of Township 49 South, Range 30 East; thence west along the township line for Townships 49 and 50 South to the southwest corner to Section 34, Township 49 South, Range 28 East; thence north along the section lines to the northwest corner of Section 27, Township 47 South, Range 28 East; thence west along the section lines to the southeast corner of Section 24, Township 47 South, Range 27 East; thence south along the range line for Ranges 27 and 28 East to the southeast corner of Section 1, Township 48 South, Range 27 East; thence west along the sections lines to the southeast corner of Section 5, Township 48 South, Range 27 East; thence south along the section lines to the southeast corner of Section 20, Township 48 South, Range 27 East; thence west along the section lines to the southwest corner of Section 19, Township 48 South, Range 27 East; thence north along the range lines for Ranges 26 and 27 East to the northwest corner of Township 47 South, Range 27 East, being the Point of Beginning. SECTION THREE. Upon adoption of this Resolution all the special assessments (non -ad valorem assessments) and all special assessments in subsequent years for Solid Waste Collection and Disposal Services within Solid Waste District No. 2 Municipal Service Benefit Unit shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor statutes authorizing the collection of such non -ad valorem assessments on the same bill as ad valorem taxes shall be billed. SECTION FOUR. The assessments shall be final and conclusive as to each lot or parcel assessed and any objections against the making of any assessable improvements not so made shall be considered as waived, and if any objection shall be made and overruled or shall not be sustained, the adoption of this Resolution approving the final assessments shall be at the final adjudication of the issues presented unless proper steps shall be taken in a court of competent jurisdiction to secure relief within twenty (20) days from the adoption of this Resolution. SECTION FIVE. All assessments shall constitute a lien upon the property so assessed from the date of confirmation of this Resolution of the same nature Agenda Item No. 17C September 14, 2004 Page 11 of 11 and to the same extent as the lien for general county taxes falling due in the same year or years in which such assessments fall due, and any assessment not paid when due shall be collected pursuant to Chapter 197, Florida Statutes, in the same manner as property taxes are collected. SECTION SIX. The Clerk is hereby directed to record this Resolution, not including the attached Exhibit "A ", in the Official Records of Collier County. A recorded copy of this Resolution and the attached Exhibit "A" shall be maintained on file in the office of the Clerk to the Board, Minutes and Records. SECTION SEVEN. This Resolution shall become effective immediately upon its passage. This Resolution adopted this _ day of , 2004, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney 4 Agenda Item No. 17D September 14, 2004 Page 1 of 36 EXECUTIVE SUMMARY PUDEX- 2004 -AR -5897 Teryl Brzeski, Trustee of the Garret F.X. Revocable Trust, property owner, represented by J. Gary Butler, of Butler Engineering, Inc., requesting a two -year extension of the Magnolia Pond Planned Unit Development (PUD), pursuant to LDC Section 2.7.3.4.6, for a 42.05+ acre tract located on Magnolia Drive '/Z mile west of Collier Boulevard between I -75 and the Golden Gate Canal, in Section 34, Township 49 South, Range 26 East Collier County, Florida OBJECTIVE: The objective is to maintain the community's interests if the development time of this PUD is extended for two years. Staff is requesting that the Board of County Commissioners (Board) review staff's findings and recommendations regarding the above referenced PUD Extension request and render a decision as the Board of Zoning Appeals regarding the petition pursuant to Land Development Code (LDC) Section 2.7.3.4.6. CONSIDERATIONS: Section 2.7.3.4 of the LDC requires the PUD property owner to submit an annual report on the progress of development one year from the date it was adopted by the Board of County Commissioners, and every year thereafter based on the anniversary date of its adoption. For those PUDs approved prior to October 24, 2001, if on the fifth year of their adoption the authorized development has not commenced to the thresholds established by Section 2.7.3.4, then the PUD is "sunsetted," which means no development approvals can be granted until the PUD is extended, amended or rezoned. This procedure is commonly referred to as the sunsetting provision of the LDC. This project is a 42.05± -acre project that was re -zoned from Agricultural (A) to PUD on June 9, 1998, via Ordinance Number 98 -49. The PUD is approved to allow a maximum of 231 residential units that are projected to be developed as villas, coach homes, carriage homes, or condominiums as the primary allowable uses. Building height was limited to 35 feet for any single - family or two- family structures, and 38 feet for multi - family structures. To date, no development approvals have been sought for any portion of the PUD. The owners stated that they were unable to formalize a final development plan in the code required time frame and were unaware that the PUD automatically sunsetted under the new County regulations. Synopsis of Approved Land Uses: The PUD document that was adopted as part of the approval for this PUD contains the list of uses approved for the project. As part of this extension request, no changes are proposed to the PUD nor are any changes proposed to the Master Plan. The PUD would — retain the approvals that were granted in 1998; any changes would require a separate amendment petition request. There are three parcels abutting this property to the east. The C:1AdLib eXpress\WorkVad07C78.tmp.doc September 14, 2004 Board Agenda Page 1 of 6 Agenda item No. 17D September 14, 2404 Page 2 of 36 southern parcel is undeveloped, zoned mixed use PUD, and named Collier Boulevard Mixed Use Commerce Center. The northern parcel is a mixed use PUD named Golden Gate Commerce Park which has developed its multi - family residential element and is located on the eastern portion of the property. Abutting the northern boundary of the subject PUD, is an undeveloped parcel zoned Rural Agricultural (A). To the west is the recently completed Golden Gate High School. North of the site is the Golden Gate Canal and Golden Gate area. To the south is the 1 -75 right -of -way. Staff believes that the project remains generally compatible with the surrounding zoning and land uses, as was determined and limited in the 1998 action. Consistency with the Collier County Growth Management Plan (GMP): Comprehensive Planning reviewed the requested extension and found that the proposed project was approved for 5.49 dwelling units per acre. The subject property is designated Urban (Urban -Mixed use District, Urban Residential Sub District) on the Future Land Use Map of the Growth Management Plan. Though the base density is 4 dwelling units per gross acre, through the Density Rating System, the Urban Residential Sub District has a maximum eligible residential density of 16 units per gross acre. According to the Density Rating System, because the subject property is located within the residential density band of Interchange Activity Center #9, three residential units per gross acre may be added, for a maximum density of seven dwelling units per gross acre. Based upon this analysis Comprehensive Planning concluded that the proposed extension may be deemed consistent with the Future Land Use Element (FLUE) of the County's Comprehensive Plan. Consistency with the Collier County Land Development Code (LDC): Section 2.7.3.4. of the LDC requires the Board of County Commissioners to make formal findings to support approval of a PUD extension request. Staff offers the following findings for consideration by the Board of County Commissioners: The PUD and the Master Plan is consistent with the current Growth Management Plan, including, but not limited to, density, intensity and concurrency requirements (LDC §2.7.4.5.6.2. a.); and No changes have been adopted to the GMP that would make the previously approved PUD inconsistent, therefore the PUD remains consistent with the GMP. The approved development has not become incompatible with existing and proposed uses in the surrounding area as the result of development approvals issued subsequent to the original approval of the PUD zoning (LDC §2.7.4.5.6.2. b.); and The subject property was rezoned to PUD in 1998. Since then the two properties abutting to the east have been rezoned to mixed use PUD. The southern parcel was rezoned from Rural Agricultural (A) to PUD on March 13, 2001, for a mixed use PUD named Collier Boulevard Mixed Use Commerce Center, which is currently undeveloped. The permitted uses for the Collier Boulevard Mixed Use Commerce C:WdLib eXpress \Work\rad07C78.tmp.doc September 14, 2004 Board Agenda Page 2 of 6 Agenda Item No. 17D September 14, 2004 Page 3 of 36 Center are commercial on the eastern portion of the property abutting Collier Boulevard and residential on the western portion of the property abutting Magnolia Pond PUD. The residential development proposed for the Collier Boulevard Mixed Use Commerce Center is consistent and compatible with the residential uses proposed for Magnolia Pond PUD. To the north of the Collier Boulevard Mixed Use Commerce Center PUD is the Golden Gate Commerce Park PUD, approved on March 14, 2000. The multi - family portion of that project is located on the eastern half of the site and has been developed and occupied. The remainder of the site abutting Collier Boulevard is undeveloped. Other activity that has occurred in the area is the construction of Golden Gate High School, which abuts Magnolia Pond PUD to the west. Magnolia Pond as a residential development is consistent and compatible with the high school use. Therefore the uses approved in the Magnolia Pond PUD remain compatible with existing and proposed uses in the area. The approved development will not, by itself or in conjunction with other development, place an unreasonable burden on essential public facilities. Roadway improvements have been made to Magnolia Pond Drive to accommodate growth along this corridor. In addition Collier Boulevard (CR -951) is slated to be widened in Fiscal Year 2005 to also accommodate growth in the area. The PUD document contains language to address other public facilities. Staff Comments: The uses that were approved for this PUD remain compatible with other uses expected to be developed in this area. The extension action currently proposed does not address any changes to the Master Plan. Any change to the Master Plan would need to be approved pursuant to LDC Section 2.7.3.5. There are no special provisions within this PUD document that differ from the present LDC. FISCAL IMPACT: Extension of the PUD will have no fiscal impact upon Collier County. ZONING AND LAND DEVELOPMENT REVIEW STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve this request to allow the PUD time limit to be extended until June 9, 2005. Attachments: Aerial Photo Zoning Map Location Map C:1AdLib eXpress\Worklrad07C78.tmp.doc September 14, 2004 Board Agenda Page 3 of 6 Agenda Item No. 17D September 14, 2004 Page 4 of 36 Aerial Photo Magnolia Pond PUD C:1AdLib eXpress \Work\rad07C78.tmp.doc September 14, 2004 Board Agenda Page 4 of 6 Agenda Item No. 17D September 14, 2004 Page 5 of 36 Zoning Map Magnolia Pond PUD C:1AdLib eXpress \Work\rad07C78.tmp.doc September 14, 2004 Board Agenda Page 5 of 6 Agenda Item No. 17D September 14, 2004 Page 6 of 36 emu- r C:\AdLib eXpress\Work \rad07C78.tmp.doc September 14, 2004 Board Agenda Page 6 of 6 W I-- IaL 0 H C,) 0 u to �I C:\AdLib eXpress\Work \rad07C78.tmp.doc September 14, 2004 Board Agenda Page 6 of 6 W I-- IaL 0 H C,) 0 u Ar—i.,W 170 �Ptomber 1 -. "W4 Pige 7 of 36 COLLIER COUNTY SCAM OF CWJNM COtAMISWCNERS t 7D IIPm umm" PL:EAX-2*4-Ak-�-A? -,,y;. rW. i Mn:✓MniJart4 F A R— , T— p t.:. Cary Eu—. f aP.f Elgz,—,,. IW., M?_e*Lnq M.—~ wnnAP- n.i'aearq si,v:n j lln. 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F1161 ftq.m NY D- 4:11 App—d By Apps d BY App—d NY & 4—lt 41 -.3910 Apps d by �.mstanri A. - ml— App—" 1Y App—N By slaq. +J:rrzJCf 951 AM App--d by 1ppm,Wn, 13 Ak appnred BY jig, 6144 �� 6a' x� �Sg °a �• �S a * 1 t r nj r hit 3 �3E n i i; i �¢p W I; { + 4i hit 3 �3E n i i; Fl „lit r Jill - w - - - - -- V Agenda Item No. 17D September 14, 2004 Page 8 of 36 R c� �f i i Y is MAGNOLIA L*,SKEENE ENG1i�HR;t� PVC MASTER PLAN MUM *A- .'0 i i' II �¢p W I; { + 4i Fl „lit r Jill - w - - - - -- V Agenda Item No. 17D September 14, 2004 Page 8 of 36 R c� �f i i Y is MAGNOLIA L*,SKEENE ENG1i�HR;t� PVC MASTER PLAN MUM *A- .'0 i -- ---- -- ORDI.IAtlCE 140. 98- 49 A enda Item No. 17D AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THQeptember14,2004 COLLIER COUNTY LAND DEVELOPMENT CODE WHICH Page 9 of 36 INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA 0�0 BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 9634N; BY CHANGING THE ZONING CLASSIFICATION OF•-a_ THE HEREIN DESCRIBED REAL PROPERTY FROM "A" TO �:- coo "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE MAGNOLIA POND PLANNED UNIT DEVELOPMENT FOR A MAXIMUM OF 294 MULTI - FAMILY DWELLING UNITS,' - LOCATED ON THE NORTH SIDE OF INTERSTATE 75, ti hfKE a WEST OF C.R. 951 IN SECTION 34, TOWNSHIP 49 SO(kk RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 42.05 ACRES, MORE OR LESS; AND B)9" PROVIDING AN EFFECTIVE DATE. "'- WHEREAS, William L. Hoover, AICP, of Hoover Planning Shoppe, representing Garrett F. X. Beyrent, 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: .9 LA-1-A& sr.T «."F -M The zoning classification of the herein described real property locateb in Section 34, Township 49 South, Range 26 East, Collier County, Florida, is changed from "A" to "PUD" Planned Unit Development in accordance with the Magnolia Pond PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 9634N, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. ` SECTION 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 �r� day of 1998: . .... ATUST : W fE:. +a' C1 rk p ro•t a.D tt� � rom s ved. a� Form And Legai- ficiency Marj ie M. Studen' t Assistant County Attorney t /PUD -91 -19 080tNANC6/ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Ike ARA B: BERRY, dhai0oit*%, This ordinance filed with the $ reto of Stote's ffic th and ocknow, edgement of that filing receo d this day .f= 9 By o.wM c ' MAGNOLIA POND PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: GARRETT F. X. BEYRENT 3115 County Road 951 NAPLES, FLORIDA 34116 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING 3785 AIRPORT ROAD NORTH, SUITE B NAPLES, FLORIDA. 34105 BEAU KEENE, P.E. KEENE ENGINEERING 3785 AIRPORT ROAD NORTH, SUITE D NAPLES, FLORIDA 34105 ANTHONY P. PIRES, JR. WOODWARD, PIRES & LOMBARflO, P.A. 801 LAUREL OAK DRIVE, SUITE 640 NAPLES, FLORIDA 34108 .. DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER Agenda Item No. 1713 September 14, 2004 Page 10 of 36 November 3.1997 June 15, 1998 May 21,1998 June 9.1998 CIA _eo Agenda Item No. 17D September 14, 2004 Page 11 of 36 STAR,.. .ORIDA ) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98 -49 Which was adopted by the Board of County Commissioners on the 9th day of June, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of June, 1998. DWIGHT E. BROCR Clerk of Courts and' q`ieik , i ;� ' '•' Ex- officio to BoatW,6f County Commissions* .r, .fitt?i�t•i• ''. .:�� -•i •,i .. t' :n1� Mrs Maureen Kenyo>i Deputy Clerk '- ,;•�'r..;., _,•': Agenda Item No. 17D September 14, 2004 Page 12 of 36 STATEMENT OF COMPLIANCE The development of approximately 42.05± acres of property in Collier County, as a Planned Unit Development to be known as Magnolia Pond 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 residential facilities of the Magnolia Pond PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 2. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 4. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.11 and 3.11 of the Future Land Use Element. 5. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 6. The project is located within the Urban Residential Mixed Use District and the Residential Density Band around the C.R. 951 - Interstate 75 Activity Center, on the Future Land Use Map. The density of 5.49 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density 4 dwelling unWacr+e Activity Center Density Band +3 dwelling unitsiacre Maximum Permitted Density 7 dwelling units/acre 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. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE Agenda Item No. 17D September 14, 2004 Page 13 of 36 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 Magnolia Pond PUD. 1.2 LEGAL DESCRIPTION The subject property being 42.05± acres, and located in Section 34, Township 49 South, Range 26 East, and as described on Exhibit 'G: 1.3 PROPERTY OWNERSHIP The subject property is owned or under contract to purchase by: ce_-1 il, C�2-Z..csKI i r� ., S��l -� S; E7 V10 , 7VC- 1�,ftPlrS 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the north side of Interstate 75, one -half mile west of C.R. 951 (unincorporated Collier County), Florida. B. The entire project site currently has Agricultural Zoning and is proposed to be rezoned to PUD. 1.5 PHYSICAL DESCRIPTION The project site is located within the Main Golden Gate Canal Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is the Golden Gate Canal, located north of the project. The peak discharge rate from the design storm will be limited to 0.15 cubic feet per second /acre per Collier County Ordinance No. 90-10. Natural ground elevation is approximately 10.8 NGVD The entire site is located within FEMA Flood Zone 'X' with no base flood elevation specified. The water management system for the project proposes the. construction of a perimeter berm with crest elevation set at or above the 25 -year, 3 -day peak flood stage. Water quality pretreatment is proposed in the on -site lake system prior to discharge to the Main Golden Gate Canal. Agenda Item No. 17D September 14, 2004 Page 14 of 36 Per Collier County Soil Legend, dated January 1990, there are two predominate types of soil found within the limits of the property: #14 - Pineda Fine Sand, Limestone Substratum #21 - Boca Fine Sand The site vegetation consists primarily of pine - palmetto flatwoods. Cabbage palm hammocks and cypress trees also exist on -site. 1.6 PROJECT DESCRIPTION The Magnolia Pond PUD is a project composed of a maximum of 231 residential units. These residential units are projected to be developed as: villas, coach homes, carriage homes, or condominiums. Recreational facilities will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with' one another in a natural setting by using common architecture, quality screening /buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Magnolia Pond Planned Unit Development Ordinance ". 3 Agenda Item No. 17D September 14, 2004 Page 15 of 36 SECTION 11 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 Magnolia Pond PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Managealent Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the °- provisions of the most similar district in the Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terns shall be the same as the definitions set forth In the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Magnolia Pond PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this PUD Document, shall remain in full force and effect. E. Development permitted by the approval -of this petition will be subject to a concumency 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 4 Agenda Item No. 17D September 14, 2004 Page 16 of 36 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 231 dwelling units shall be constructed in the residential areas of the project. The gross project area is 42.05± acres. The gross project density shall be a maximum of 5.49 units per acre. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses are illustrated graphically on Exhibit "A ", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, 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 infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6:33.4 of the Collier County Land Development Code. B. Temporary sales trailers and construction.. trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the Land Development Code. 2.6 PROVISION FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock - piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off -site 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 Land Development Code, Agenda item No. 17D September 14, 2004 Page 17 of 36 whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. B. All other provisions of Division 3.5 Excavation of the Land Development Code shall apply. 6 1* SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE Agenda Item No. 17D September 14, 2004 Page 18 of 36 The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A ", PUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall b C31 1 units. 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 Permitted Principal Uses and Structures: 1. Single-family dwellings (includes zero-lot line). 2. Two-family dwellings and duplexes. 3. Multi- family dwellings (includes townhouses, garden apartments, villas, coach homes.-and carriage homes). B. Permitted Accessory Uses and Structures• 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilltias Including swimming pools, tennis courts, volleyball courts, 'children's' playground areas, tot lots, boat docks, walking paths, picnic areas, recreation buildings, verandahs, and basketball/shuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse. 7 Agenda item No. 17D September 14, 2004 Page 19 of 36 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Any other accessory use deemed compatible by the Development Services Director. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Magnolia Pond. Front yard setbacks in Table I shall be measured as follows: 1. Ifs the parcel is served by a public or private right -of -way, the setback is measured from the adjacent right -of -way line. 2. If the parcel "is served by a non - platted private drive, the setback is measured from the back of curb or edge of pavement.,,lf the parcel is served by a platted private drive. the setback is measured from the road easement or property line. (a) Carports are permitted within parking areas. (b) Garages are permitted at the edge of vehicular pavement. B. Off - Street Parking and Loading Requirements: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. 9 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS SINGLE- FAMILY Minimum Lot Area 7,500 Sq. Ft. (per unit) Minimum Lot Width Front Yard Setback Side Yard Setback Rear Yard Setback: Principal Structure Accessory Structure PUD Boundary Set- back: Principal Structure Accessory Structure Lake Setback Natural Habitat Pre- serve Area Setback Distance Between Principal Structures Distance Between Accessory Structure Maximum Height: Principal Building Accessory Building Minimum Floor Area 60' Interior Lots (1) 70' Comer Lots 25' 0' & 10' or both 5' TWO- FAMILY 5,000 Sq. Ft. 90' Interior Lots (1) (45')(2) 110' Comer Lots (55')(2) 20' 0'& 10' or both 5' Agenda Item No. 17D September 14, 2004 Page 20 of 36 MULTI - FAMILY 4,000 Sq. Ft. NA NA NA NA 20' 20' NA 10' 10' NA . NA NA 20'(3) NA NA 10' 20' 20' 20' 25' 25' 25' NA NA One -half the sum of the heights. 10' 10' 10' 35' and 2 stories 20' /Clubhouse 35' 1200 Sq. Ft. Minimum carport or 2 car garage garage per unit 35' and 2 stories 20' /Clubhouse 35' 1100 Sq. Ft. 1 car garage 38' and 3 stories 20' /Clubhouse 35' 1 bedroom = 650 Sq.Ft. 12 Bedroom = 900 Sq.Ft.13 Bed- room =1050 Sq. Ft. 1 carport space or 1 car garage (1) May be reduced on cul- de-sac lots. (2) Minimum lot frontage in parenthesis applies In cases where a dwelling unit In a 2- family structure is on an individually platted lot. (3) Three -story buildings shall be set back a minimum of three hundred feet from the Golden Gate Canal right- of-way and one hundred feet from Interstate 75 right -of -way. 9 Agenda Item No. 17D September 14, 2004 Page 21 of 36 C. Open Space /Natural Habitat Preserve Area Requirements: 1. A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code, shall be provided on -site. 2. A minimum of twenty -five (25) percent of the viable naturally functioning native vegetation on -site (natural habitat preserve area), including both the understory and the ground cover emphasizing the largest contiguous area possible, shall be retained on -site, as described in Section 3.9.5.5.3 of the Land Development Code. D. Landscaping and Buffering Requirements: 1. A berm, wall, fence, or combination thereof, shalt be provided by the developer adjacent to the southern PUD boundary along the Interstate 75 right -of -way, except where wetland preserve areas are proposed adjacent to Interstate 75. Such buffer, shall be provided prior to the issuance of Certificates of Occupancy for any permanent residential structures in that phase. Such screening shah have a height of between three and one -half (3.5) and seven (7) feet above the elevation of the nearest westbound travel lane of Interstate 75. Such buffer may have occasional openings to provide glimpses of the project from Interstate 75. In order to maximize security and minimize impacts on existing trees, walls or fences shall not exceed more than eight (6) feet in height of any berm/wall or berm/fence combination. 2. If landscape buffers are determined to be necessary adjacent to wetland preserve areas, they shall be separate from those preserve areas. 3. Where two separate two-- family or mutd- family projects within the PUD abut each other, buffering and screening between them shall not be necessary, due to the unified architectural theme throughout the entire PUD, as described within Section 3.4E. of this PUD Document- Where a single - family or two - family project within the PUD abuts a multi- family project within the PUD, a ten (10) foot buffer shall be provided between them, with trees provided at twenty -five (25) feet on center and a single hedge also provided within such buffer. Such trees and shrubs shall meet the standards for plantings, as described within Section 2.4.4 Plant Material to Agenda Item No. 17D September 14, 2004 Page 22 of 36 Standards and installation Standards, of the Land Development Code. E. Architectural Standards 1- All buildings, lighting, signage, and landscaping shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fencestwalls to be erected on all of the subject parcels. Landscaping and streetscape materials shall . also be similar in design throughout the subject site. All buildings shall be primarily finished in light subdued colors with stucco except for decorative trim. Within any multi - family project all roofs, except for carports, shall be peaked and finished in tile or metal.. Within any single - family or two- family project all roofs, except for carports, shall be peaked and finished in tile, metal, or architecturally - designed shingles (such as Timberline): 2. All pole lighting, internal to the project, shall be architecturally designed, limited to a height of thirty (30) feet, and similar architecturally to one of the lighting fixtures shown on Exhibits 'C' or ft D*. F. Signs Signs shall be permitted. as described within Division 2.5 of the Collier County Land Development Code, except as described in the following instances. . Up to two (2) ground or wall signs shall be permitted at the main entrance to the PUD and located within the interior of the PUD. Such sign(s) shall contain only the name of the entire 42.05±-acre PUD project, names of individual communities within the PUD Project, and insignia or mottos of the development Such ground or wall sign(s) shall be similar architecturally to one of the signs shown in Exhibits 'E' or 'F' and architecturally compatible with the unified architectural theme of the entire PUD (as described in Section 3.4E. of this PUD Document). Said ground or wall sign(s) shall not exceed a combined area of sixty -four (64) square feet, and shall not exceed the height or length of the wall upon which it is located. Agenda Item No. 17D September 14, 2004 Page 23 of 36 2. A ground sign shall be permitted along the southern PUD boundary. Such sign shall contain only the name of the entire 42.05±-acre PUD project and shall be architecturally compatible with the unified architectural theme of the PUD (as described in Section 3.4E. of this PUD Document). Exclusive of landscaping, such ground sign shall not exceed an area of twenty -four (24) square feet. rMa 12 Agenda Item No. 17D September 14, 2004 • SECTION N Page 24 of 36 PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A ", PUD Master Plan. 4.2 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. Permitted Principal Uses and Structures: 1. Passive recreational areas including recreational shelters. r� 2. Biking, hiking, and nature trails, and boardwalks. 3. Golf cart pathways and boardwalks. 4. Water management facilities and essential services. 5. Native preserves and wildlife sanctuaries. 6. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, after the appropriate environmental review. 7. Any other use comparable In nature and deemed compatible by the Development Services Director. 13 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE Agenda Item No. 17D September 14, 2004 Page 25 of 36 The purpose of this Section is to set forth the commitments for the development of this project. 5.2 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, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case-may be. 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 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. 5.3 PUD MASTER PLAN A. Exhibit W, 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 insure the continued operation and maintenance of all service utilities and all common areas in the project. 14 Agenda item No. 17D September 14, 2004 - 5.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT Page 26 of 36 A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be completed in one (1) or two (2) 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. Monitoring Report- An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 5.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for,, development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. Subdivisions. C. Prior to SDP approval a FOOT "Notice of Intent to Issue" Right of Way permit shall be submitted for work within the S.R. 951 right of way. D. The project shall utilize internal loop roads whenever feasible and shall eliminate dead -end roads whenever possible. 5.6 WATER MANAGEMENT A. A copy of the South Florida Water Management District ( SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the SDP submittal. A copy of the approval of this SFWMD Surface Water Permit shall be submitted prior to Final Site Development Plan Approval. B. A copy of the approval of the SFWMD Right of Way and Discharge Permit for outfall into the Golden Gate Canal shall be submitted prior to Final SDP approval. is Agenda Item No. 17D September 14, 2004 Page 27 of 36 C. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD Rules. D. Lake setbacks from the perimeter of the PUD may be reduced to twenty - five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. E. In the event Collier County is unsuccessful in obtaining a 36' drainage easement and a 15' maintenance travelway easement from the owners of the properties located east of and abutting Magnolia Pond, Collier County shall require the Magnolia Pond developer to clear the vegetation and level the spoil material from the existing 25' easement located along Magnolia Pond's eastern property line to provide a maintenance travelway easement. All buffers shall be located outside the maintenance travelway. All cut stumps shall be treated with an appropriate herbicide to prevent re- growth. IF F. Petitioner must obtain permission from property owners abutting the north side of access road to place roadway fill (side slopes) on their property. G. Authorization from Collier County and FDOT must be obtained prior to -- constructing culverts under the access road for conveying 1 -75 runoff and runoff from south of 1 -75. 5.7 UTILITIES 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. 97 -17, as amended, and other applicable County rules and regulations. 5.8 TRAFFIC A. The applicant shall be responsible for the Installation of arterial level street lighting at all project entrances and at the intersection of Access Road No. 2 and C.R. 951, unless previously provided by one of the other property owners also utilizing such access road. Installation shall be in place prior to the issuance of any certificates of occupancy. B. Access Road No. 2 shall be brought up to County standards with respect to grading, paving and drainage. This work shall be the responsibility of 16 Agenda Item No. 17D September 14, 2004 Page 28 of 36 the developer and shall be in place prior to the issuance of any certificates Of occupancy. All improvements shall extend westerly to the project's western property boundary. C. Access Road No. 2 onto .C.R. 951 is subject to both FDOT and County access management standards. Any existing median openings in C.R. 951 may be modified at any time, which could include directional access or closure by either FDOT or Collier County. Any existing median opening shall not vest any right in the applicant such that Collier County or FDOT may be liable for any damages due to median modifications in the future. D. Substdntial 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 shall not be permitted to discharge directly into any roadway drainage system. P E. Road Impact Fees shall be paid in accordance with Ordinance 92 -22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. F. In the event that: L) the Board of County Commissioners requires the interconnection of the internal roadway system of the Golden Gate Health Park PUD to the existing Access Road No. 2; and, ii.) the developer of the Golden Gate Health Center PUD provides a route over said internal roadway system of the Golden Gate Health Park PUD for the Magnolia Pond project to and from a traffic signal at the intersection of said internal roadway system and C.R. 951, as shown on the County's Access Management Plan, then the developer of Magnolia Pond shall be required to make a fair share contribution to cover the cost of the design and construction of such route over said internal roadway system. The fair share calculation shall be based upon the projected traffic generation of this project that will utilize such route over said internal roadway system of the Golden Gate Health Park PUD. The developer's fair share shall be based upon a reasonable and pro-rata share Magnolia Pond's weekday daily traffic generation rate in relation to the total weekday daily traffic generation rate utilizing such route over said internal roadway, which shall include at a minimum the traffic generation from Frank Homan's 74 -acres abutting on the south side of Access Road #2 and traffic from the Golden Gate Health Park PUD. All projects' weekday daily traffic generation rates shall be computed based an their respective maximum permitted land uses as approved within their Agenda Item No. 17D September 14, 2004 Page 29 of 36 _. respective PUDs and with trip distribution as shown on their most recently submitted and approved TIS by Collier County Transportation Services. The developer of the Magnolia Pond PUD shall pay its fair share of the costs of the route over said internal roadway system. Said fair share amount shalt be limited to a maximum length of 2200 feet of roadway based on the centerline of this roadway. The cost of this shared roadway shall include: costs of permitting, engineering, surveying, application fees, and construction of the roadway pavement, sidewalks, drainage facilities, traffic signal and turn lanes along C.R. 951, land costs (with the contribution by Magnolia Pond developer not to exceed $25,000.), and landscaping (with a maximum landscaping budget of $10,000.). Prior to construction, the engineer for Golden Gate Health Park PUD shall provide the designated engineer for Magnolia Pond PUD with a complete cost breakdown showing that design and permitting costs are independent of those for the remainder of Golden Gate Health Park PUD. The cost of this shared roadway shall not include: the cost of utility design and construction, extraordinary design /permitting/ construction Costs, or other costs that cannot be shown to have a direct benefit to the Magnolia Pond PUD, such as internal turn lanes serving only the Golden Gate Health Park PUD. 5.9 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. 5.10 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 8. All conservation areas shall be designated as conservation /preservation tracts or easements omell construction plans and shall be recorded on the plat 60th protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. is Agenda Item No. 17D September 14, 2004 Page 30 of 36 In the event the project does not require platting, all conservation areas shall be recorded as conservation /preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations siMilar to or as per Section 704.06 of the Florida Statutes. C. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty -five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules 'and be subject to review and approval by the Current Planning Environmental Review Staff. D. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation /presewation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site Development Plan /Construction Plan approval. E. This PUD shall comply with the environmental sections of the Collier County Land Development Code and Growth Management Plan Conservation and Coastal Management Element at the time of final development order approval. F. A Gopher Tortoise relocation /management plan shall be submitted to Current Planning Environmental Staff for review and approval. A copy of the approved plan language shall be included on the Final Site Development Plan. G. Prior to Final Site Development Plan approval the petitioner shall submit a copy of the Florida Game and Fresh Water Fish Commission Gopher Tortoise Permit. 19 � 0 CO N O Emm ' E 70 ZIO I i CS 1 1 i 1 Ii A � � ). 3a Ws. � r� 1 �b .v. 1181Hx8 hrla v31svY1 and ti I wrv%A1i- vw IZ,1 loss i b-I ° #y r i 16i � 1 i � � 1 h ` , s i 3 i lit �i 21 11' , �pp � Z�0 uqw h Q Him \\ g } r 1 �> ? � V I 1c al S b4 S St. S. S ki bb �b�3Y��iY +�b?Y�bbaY�SeY�eaY�eaY�� \ \ \ \ \\ \ \ \ � llliii �!•7�'1 , 1 i � � 1 h ` , s i 3 i lit �i 21 11' , �pp � Z�0 uqw h Q Him \\ g } r 1 �> ? � V I 1c al S b4 S St. S. S ki bb �b�3Y��iY +�b?Y�bbaY�SeY�eaY�eaY�� JA r 14S N-4 R � IZIS qs RR p; Ets; �R� 21x4 x; An All tsR� t 1aaaa l+�ai a �� 2 AN k�q y�; F ? a ? 3q ,r r ------ - -.�.. _.._ -- - -' -- - - - - -- ---- - - - - -- - - - - -- a / 2 e s�i n SWE Raw s -93 r (too. )?WJ � � • i j _ . - _ l CARY UEYRENT kNE ENGINEERING _.-MAGNOLIA POND CONCZMAL •ATER LANACKMENT - 4 MUTY of AN w«.a..... ..rr.. _ — i Nill, as �LC��CLC _ D D enda Item No. 17C eptember 14. 2004 Ac ' or NIT Ali 0 A enda Item No. 17D geptember 14, 2004 Page 34 of 36 DEPICTION OF POLE LIGHTING 14 ATO.-LIM dim W12. I < 16 Arl t. t �i. � ` µl � Fes- •L�1S �'ti LF•,`)k�t*'.F L q� Won �W.Am r ,•.� r ': '. ... _•_. +rte ?S •.ial ?�.7. � t '� .• it z:.AL .i$'�r^- Agenda Item No. 17E September 14, 2004 Pagel of 6 EXECUTIVE SUMMARY Recommendation to Approve Amending Ordinance Number 92 -18, as Amended, Relating to the Tourist Development Council, to Delete the Non Voting Member with Professional Experience in the Promotion and Marketing of Special Events. OBJECTIVE: To obtain approval to amend Ordinance Number 92 -18 as amended. CONSIDERATIONS: On July 27, 2004 the Board of County Commissioners approved a recommendation to direct staff to prepare an Amendment to Ordinance Number 92 -18, as Amended, eliminating the Non - Voting Position from The Tourist Development Council. Staff prepared an amendment to Ordinance No. 92 -18, as amended to eliminate this non - voting position. Per law, this Amended Ordinance was advertised 10 days before hearing. FISCAL IMPACT: No Fiscal Impact from this Action. GROWTH MANAGEMENT IWACT: There is no Growth Management Impact from this action. RECOMMENDATION: That the Board of County Commissioners approve amending Ordinance Number 92 -18 Section Two relating to the Tourist Development Council to delete the non voting member with professional experience in the promotion and marketing of special events; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing for an effective date. tem No 17E .� 7 q, 2004 Fage 2 at 3 COLLIER COUNTY BOARD OF COU1 COMWSSIONERS BwtNrn4w e�Yw- .af.r.:r..� 11E Ban Aewvl Ragan ln4ar MA?F�'% Ma.Mt.q --ld is NU- .Ea 0 Le lau t - e-k mgt ava. w Dehb ns PVO—.W Mark taarYxn Expeda-c �. - P-- Ani M.le c, BpoG Etxds M�ytp pMa 41c,?0G S:10 w W Apps BY 1f6'2]Et 9:t5 A1! Jatiu VNR To�Mam Di�ecta Dxr Cxxdy lfra0ala ORm a]- ,rxomwm Cw-cq dKr]00110:531. Append BY axa rx ten�n,ri .tsa,�.s:..xwA.x.rra axa e�Yw- .af.r.:r..� arxw:r. w�r,o�..matwf.e 1rezau zits ?M App—d BY Mark taarYxn Budpat A-" 6a Conty MVapla OfYxa 0f5w e!Ma- atamarfi 8c]px 1f6'2]Et 9:t5 A1! Appnrd BY lft.0 13mYawnkl Mxnafamanl t edwt I]t�cia• axa Cotxy Mar +C^la OM<a Cnw a+INr+Cnn'^ta Bath- et16Z0W f:i]AM App—d By BNrd oCCermty Co-+radssb+*ars �1�nty yyt�la Olfw fY.R'20Gf ]:N P]A _.. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: x Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: A enda Item No. 17E eptember 14, 2004 Page 3 of 6 Originating Dept/ Div: Tourism Department Person: Jack Wert Date: Petition No. (If none, give brief description): Amending Ordinance No. 92 -18 as amended relating to Tourist Development Council Petitioner: (Name & Address): Collier County Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Gail Hambright, Tourism Department, 3050 North Horseshoe Drive, Naples Florida 34104 Hearing before XX BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. September 14, 2004 Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other ® Legally Required Proposed Text: An Ordinance Amending Ordinance No. 92 -18, as amended, relating to the Tourist Development Council, amending Section Two to provide for the deletion of a non -voting member with professional experience in the promotion and marketing of special events; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing for an effective date. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? ® Yes ❑ No If Yes, what account should be charged for advertising costs: 194- 101540- 649100 Reviewed by: Division Administrator or Designee Date List Attachments: Executive Summary, Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B- Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised. Agenda Item No. 17E September 14, 2004 Page 4 of 6 ORDINANCE NO. 2004- AN ORDINANCE AMENDING ORDINANCE NO. 92 -18, AS AMENDED, RELATING TO THE TOURIST DEVELOPMENT COUNCIL, AMENDING SECTION TWO TO PROVIDE FOR THE DELETION OF A NON VOTING MEMBER WITH PROFESSIONAL EXPERIENCE IN THE PROMOTION AND MARKETING OF SPECIAL EVENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 24, 1992, the Board of County Commissioners adopted Ordinance No. 92 -18 which created the tourist development council; and WHEREAS, on November 24, 1998, the Board of County Commissioners added a non- voting member to the tourist development council to provide technical assistance to the council; and WHEREAS, the Board of County Commissioners desires to delete the non - voting position on the tourist development council. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION TWO OF COLLIER COUNTY ORDINANCE NO. 92-18. Section Two is hereby amended to read as follows: SECTION TWO: ESTABLISHMENT OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL There is hereby established the Collier County Tourist Development Council which shall be composed of nine 9 of nine (9) s�13eFS 2sd-a .,F ♦ members who shall be appointed by the Collier County Board of County Commissions as set forth in this Ordinance. SECTION TWO: AMENDMENT TO SECTION THREE OF COLLIER COUNTY ORDINANCE NO. 92-18. Section Three is hereby amended to read as follows: SECTION THREE: COMPOSITION OF MEMBERSHIP. The membership of the Collier County Tourist Development Council shall be composed as follows: (a) The Chairman of the Board of County Commissioners of Collier County or any other member of the Board of County Commissioners as designated by the Chairman to serve on the Council. 1- Words underlined are added, words s#esk4 art deleted Agenda Item No. 17E September 14, 2004 (b) Two (2) members of the Council shall be elected municipal officials, at least one Page 5 of 6 (1) of whom shall be from the most populous municipality in the County or Sub - County Special Taxing District in which the tax is to be levied. The City of Everglades and the City of Marco Island shall alternate as the second municipal member. In the event that other municipalities are legally created in Collier County, then those municipalities shall be included in the rotation process for the second municipal seat. (e) Three (3) members shall be owners or operators of motels, hotels, recreational vehicle parks, or other tourist accommodations in Collier County subject to any tourist development tax levied pursuant to Section 125.0104, Florida Statutes. (d) Three (3) members of the Council shall be persons who are involved in the tourist industry and who have demonstrated an interest m tourist development, but who are not owners or operators of motels, hotels, recreational vehicle parks or other tourist accommodations in Collier County which would be subject to any tourist development tax. (0) One (4meffibe- of the <. r.e _•sa racber This the mm- netion and R"atine Of spar--al r� Ra D...._a ____.- position vacant if it finds •h ♦ �1,,,�,.,..r: ,,,i —, • . 1-� a All members of the Collier County Tourist Development Council shall be electors of Collier County and the members shall serve at the pleasure of the Board of County Commissioners for staggered terms of four (4) years. The terms of office of the original members shall be prescribed in the resolution appointing the original members. SECTION THREE: CONFLICT AND SEVERABILITY. In the event this ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. 2- Words underlined are added, words swurk &Feu& are deleted. Agenda Item No. 17E September 14, 2004 Page 6 of 6 SECTION FOUR: 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 Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County, Florida, this day of 2004. ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney cp% a \ordinances- amendOrd.98 -96TDC BOARD OF COUNTY CON IISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, Chairman 3- Words underlined are added; words ou&4--gh are deleted.