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Agenda 10/26/2004 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA October 26, 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 PRESENTA TION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPA TE 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 A. Pastor Bob Townsend, Mayflower Congregational UCC 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. September 20, 2004 - BCC as Community Redevelopment Agency C. September 21, 2004 - BCC/Regular Meeting D. September 23, 2004 - BCC/Budget Hearing Meeting E. September 24, 2004 - BCC/Emergency Meeting-Hurricane Jeanne Briefing F. September 28,2004 - BCC/Regular Meeting G. October 6, 2004 - BCC SpeclalNalue Adjustment Board 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1. John D'Amico, Facilities Management B. 30 Year Attendees 1. Elida Valdez, Transportation 2. Edward Hutcheson, Transportation Road Maintenance 3. Curtis Anderson Jr., Transportation Road Maintenance 4. PROCLAMATIONS A. Proclamation to designate the month of November as Epilepsy Awareness Month. To be accepted by Gerry Harwick, Case Manager. B. Proclamation to designate Friday, November 5,2004 as RONALD MCDONALD CARE MOBILE DAY. To be accepted by Jules Mijares, Richard Akin, and Dr. Keith Riley, D.D.S. C. Proclamation to designate the month of November as Adoption Month In Collier County. To be accepted on behalf of the Southwest Adoption Task Force by Debbie Allen, her son Dustin Allen, and Daneille Stewart. D. Proclamation to designate November 15, 2004 American Recycles Day in Collier County. To be accepted by Denise Kirk, Collier County Recycle Coordinator. 5. PRESENTATIONS A. Recommendation to Name the Winners of the "What Does Freedom Mean to You" Art Contest. B. Recommendation to recognize Adam Brooks, Reference Librarian, Naples Branch Library as "Employee of the Month" for October 2004. C. Presentation regarding Status Report from the Collier County Citizens Corps. To be presented by Carol Pahl, Chairman, Collier County Citizen Corps Advisory Board. -_...~-"'""'--,-,--,,~~...~-,...- 6. PUBLIC PETITIONS 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. PUDA-03-AR-4227, Wayne Arnold, representing Bryan W. Paul, requesting a Planned Unit Development (PUD) to PUD rezone for the purpose of amending the Orangetree PUD to reflect that 616 acres have been rezoned to a new PUD to be known as the Orange Blossom Ranch MPUD. No other changes are proposed with this amendment. The subject PUD is located on the northeast corner of Immokalee Road (C.R. 846) and Randall Boulevard in Sections 11, 12,13,14,23, and 24, Township 48S, Range 27E. Companion Item: PUDZ-03-AR-4150 B. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. PUDZ-03-AR-4150, Wayne Arnold, representing Bryan W. Paul, requesting to rezone 616 acres of the Orangetree Planned Unit Development (PUD) to a new PUD to be known as the Orange Blossom Ranch PUD permitting a maximum of 1,600 dwelling units; 200,000 square feet of commercial uses allowed In C-1 thru C-5 zoning districts; and, a +90-acre community facility tract permitting recreational uses, government offices, schools, child care centers, and commercial excavation. The property is located on the north and south sides of Oil Well Road (C.R. 858) and approximately one mile east of Immokalee Road (C.R. 846) In Sections 13, 14, and 24, Township 48S, Range 27E. Companion Item: PUDA-03-AR-4227 C. This item to be heard at 1 :00 p.m. Public Hearing for the 2003 1st Cycle of GMP Amendments (CPSP-203-11, Wildlife) D. This item to be heard immediately following Item 8C. Public Hearing for the 2003 1st Cycle of Growth Management Plan Amendments (Adoption Hearing). E. Adoption of a resolution applying the Annual Mid-Cycle Year Indexing Adjustments to amend the Road Impact Fee rate schedule, which is Schedule One of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (Collier County Consolidated Impact Fee Ordinance No. 200113, as amended) and providing for a delayed effective date. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Community Character/Smart Growth Advisory Committee. B. Appointment of member to the Code Enforcement Board. C. Appointment of members to the Historical/Archaeological Preservation Board. D. Appointment of member to the Contractors' Licensing Board. E. Appointment of members to the Affordable Housing Commission. F. Appointment of member to the Public Vehicle Advisory Committee. G. Repeal of High Speed Rail Amendment. (Commissioner Henning) H. This item to be heard at 11 :00 a.m. Verbal report from Commissioner Coletta regarding trip to Poland. 10. COUNTY MANAGER'S REPORT A. Recommendation to deny public petition request that the County retain ownership of Goodland Road (County Road 92-A). (Norman Feder, Administrator, Transportation Services) B. This Item was continued from the September 28, 2004 Meeting to the October 28, 2004 Meeting. Recommendation to adopt a resolution authorizing condemnation of fee simple Interest In the proposed right-of-way and/or stormwater retention and treatment pond sites, as well as perpetual, non-exclusive road right-of-way, drainage and utility easements,and temporary driveway restoration easements, which will be required for the construction of roadway, drainage and utility improvements to Logan Boulevard from Vanderbilt Beach Road to Immokalee Road. (Project No. 60166). Estimated fiscal impact: $5,760,000.00. (Norman Feder, Administrator, Transportation Services) C. Recommendation to approve an interlocal service delivery agreement with the Big Cypress Stewardship District. (Norman Feder, Administrator, Transportation Services) D. Recommendation to Approve a Budget Amendment In the Amount of $648,775, Project 90502 and Approve the Award of a Bid #04-3667, Hideaway Beach Renourishment to Weeks Marine, Bid #043667, Hideaway Beach Renourishment, In the Amount of $2,482,775. (Ron Hove", Public Utilities) E. Recommendation to 1) Approve a Budget Amendment and Tourist Development Category "A" Grant Application for the Maintenance Dredging of Wiggins Pass for Fiscal Year 2005, Project 90522, In The Amount Of $750,000 and 2) Approve and Engineering ServIces Work Order under Contract #01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston & Moore Engineers for Wiggins Pass Dredging 2005, Project 90522, In the amount of $13,500. (Ron Hovell, Public Utilities) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. County Attorney Report on Public Beach Pathway Issues Raised by Mr. James F. Ciolino by Public Petition on September 21,2004. 13. OTHER CONSTITUTIONAL OFFICERS A. Request for discussion with the Board of County Commissioners regarding the status of the Sheriffs Office 2004/2005 Budget request. 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 provide staff the direction to prepare a comprehensive Wildlife and Listed Species Management Plan for presentation in February 2005 rather than November 2004 because of delays associated with Hurricanes Frances and Jeanne. 2. Recommendation to approve awarding a contract to M. Jean Rawson P.A. regarding RFP 04-3705 for "Legal Counsel for Code Enforcement and Nuisance Abatement Board" (estimated maximum annual contract amount $15,000.00). 3. Carny-04-AR-6584, Mr. Anthony C. Gnerre, President, of the Naples Italian American Club, requesting a permit to conduct the annual Naples Italian American Club Carnival on October 28, 29, 30 and 31, 2004, at the Naples Italian American Club located at 7035 Airport Road North. 4. Recommendation to authorize an additional permanent position for the Environmental Review Section within the Environmental Services Department of the Community Development and Environmental Services Division and consulting services designed to improve efficiencies in the land development review process at a total cost not to exceed $69,300. 5. Recommendation that the Board of County Commissioners acknowledge an error on the recorded plat of Quail West Phase III, Unit Five, and authorize the Clerk to make notation of this acknowledgment on the original plat. 6. Recommendation to award RFP 04-3717, In the amount of $29,580, to James Duncan and Associates, Inc., for consultant services for a Parks and Recreational Facilities Impact Fee Update Study 7. Recommendation to accept the Quarterly Report on the activities related to the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program and change the requirement for quarterly reports to an annual report for each program 8. Petition CARNY-2004-AR-6640, Reverend Joseph Spinelli, O.S.A., St. Elizabeth Seton Church, Requesting Permit to Conduct a Carnival from November 10,11,12,13 and 14, 2004, on the church property located at 2760 52nd Terrace SW, Golden Gate City. B. TRANSPORTATION SERVICES 1. Recommendation to approve the acquisition of right-of-way required for the construction of six-lane improvements to Collier Boulevard between Davis Boulevard and U.S. 41 - Project No. 60001 -(fiscal impact: $885,800) 2. This Item was continued from the September 28, 2004 Meeting to the October 26, 2004 Meeting. Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of fee simple interests in the proposed right-of-way and/or stormwater retention and treatment pond sites, as well as perpetual, non-exclusive road right-of-way, drainage and utility easements, perpetual, non-exclusive slope easements, and temporary driveway restoration easements, and temporary construction easements, which will be required for the construction of roadway, drainage and utility improvements to Logan Boulevard from Vanderbilt Beach Road to Immokalee Road. (Project No. 60166). Estimated fiscal Impact: $5,760,000.00. 3. Recommendation to authorize a budget amendment for the purchase of additional cubicle units that are needed for the new Transportation Services Building in the amount of $61,476.00. 4. Recommendation to approve a budget amendment in the amount of $737,759 for funds from the Federal Transit Administration for the Collier Area Transit transfer site. 5. Recommendation to approve a budget amendment In the amount of $329,989 for the Florida Department of Transportation State Block Grant Funds. 6. Recommendation to allow the Transportation Division to advertise and receive bids for proposed intersection Improvements to New Market Road at Charlotte Street. Estimated fiscal impact Is $575,000.00. 7. Recommendation to accept a check in the amount of $5,251.50 from Johnson Engineering, Inc. to reimburse the County for administrative costs Incurred with processing avoidable, value-added change orders to the Goodlette-Frank Road Project (No. 60134). 8. Recommendation to approve deleting Section B.2.3. Items (b) and (d) and adding Item (e) to Section B.2.2 of Schedule B and modifying Schedule A, Section 5.0, Items A and C of the Standard Professional Services Agreement for Aim Engineering and Surveying, Inc. for Vanderbilt Beach Road Project, for Contract Issued under 04- 3583 "Construction, Engineering and Inspection (CEI) Services for County Road Projects". No Fiscal Impact. Project No. 63051. 9. Recommendation to authorize and fund the addition of exhibit #2 to Hansen master contract #033500 for the Transportation Division in the amount of $257,255.00. 10. Recommendation to approve a budget amendment to recognize revenue received from Heritage Bay, for a sidewalk under payment In lieu of construction In the amount of $250,000 for the immokalee Greenway from CR 951 to two miles east of CR 951. C. PUBLIC UTILITIES 1. Recommendation to approve a contract amendment, under Contract # 02-3311, "Fixed Term Professional Geographic Information System Services (GIS)" for Collier County, with Wllsonmlller, Inc., Project 50014, In the amount of $197,239.40 2. Recommendation to award a contract for Bid No. 04-3679 to Southwest Utility Systems, Inc. in the amount of $891,225.00 for installation of a 16-lnch Reclaimed Water System Interconnect from Radio Road to Davis Boulevard, Project Number 74035. 3. Recommendation to award Contract 04-3725, to Better Roads Inc., In the amount of $235,945, to relocate the entrance road to the South County Water Reclamation Facility, Project 73949. 4. Recommendation to Waive the Formal Competitive Bid Process to Participate in a QualServe Self Assessment and Peer Review as part of Project 72531 and Approve an Agreement between the Collier County Water-Sewer District and QualServe In an amount not to exceed $61,600. 5. Recommendation to amend Professional Engineering Services Agreement with Malcolm Pirnie, Inc. for the South County Regional Water Treatment Plant, 8 MGD Reverse Osmosis Expansion (SCRWTP), Contract 00-3119, Work Order # MP-FT-04- 03, In the amount of $600,000, Project 70054. 6. Recommendation to approve Change Order No.1 to Work Order No. UC-030 with Kyle Construction, Inc. for the South County Regional Water Treatment Plant 4" Force Main Relocation, Contract No. 04-3535, Project 700201, in the amount of $61,200. 7. Recommendation to reject the one bid received from Zabatt for Bid # 04-3647 and to provide authorization to re-advertise for countywide purchase and rental of generators. 8. Recommendation to approve a project to interconnect the Tamlaml and Hawthorn Wellfields with a planning-level estimated cost of $1,560,000 and to approve and authorize the initial phase, which Is a work order under the Annual Contract for Underground Utilities Contracting Services, RFP 023345, based on an estimated construction cost not to exceed $750,000, Project 710061. 9. Recommendation to award a work order to complete construction of Tamiaml Well 33 under the Annual Contract for Underground Utilities Contracting Services, RFP 04-3535, based on an estimated construction cost not to exceed $615,000, Project 701581, Golden Gate Wellfield Reliability Improvements. 10. Recommendation to waive formal competition and authorize the single source purchase of 46 Teiemetry-equlpped Lift Station Control Panels for Wastewater Collections In the amount of $204,478.00, Project 73922. D. PUBLIC SERVICES 1. Recommendation to approve an Agreement with the Agency for Health Care Administration for $2,100,000 for participation In the Upper Payment Limit Program for services provided on behalf of the Human Services Department, Health Department, and David Lawrence Center to generate an additional $367,500 in Federal matching funds annually. 2. Recommendation to recognize additional revenue in the amount of $10,560 in FY 04 and sign the budget amendment to increase Home and Community Based Services Medicaid Waiver budget. 3. Recommendation to approve a budget amendment in the amount of $10,000 to increase the Older American's Act Title III-B budget and authorize the Chairman to sign the contract amendment between Collier County Board of County Commissioners and Senior Solutions of Southwest Florida D/B/A Area Agency on Aging. 4. Recommendation to approve an Agreement with the Agency for Health Care Administration for $164,400 to be used as the local government match for State and Federal funding to operate the Horizon's Primary Care Clinic. 5. Recommendation to approve the FY 05 Agreement with the David Lawrence Center, Inc. for $952,000. E. ADMINISTRATiVE SERVICES 1. Report and ratify staff-approved change orders and changes to work orders to Board-approved contracts. 2. Recommendation to approve a contract amendment invoiving contract No. 01.3290 "Fixed Term Professional Engineering Services". (CPI increase) 3. Recommendation to adopt a resolution approving the change in status of thirteen employment classifications from exempt to non-exempt under the Fair Labor Standards Act (FLSA) and to receive approval for the execution of Settlement Agreement and Releases. 4. Recommendation that the Board of County Commissioners approve and ratify a recommendation to file suit for recovery of repair/replacement costs incurred by the County in connection with property damage caused by a third party. 5. Recommendation to adopt a resolution approving the Hurricane Charley Workslte Agreement providing United States Department of Labor funds under a National Emergency Grant to cover costs of temporary workers used to clean up after Hurricane Chariey. 6. Recommendation to declare certain county-owned property as surplus and authorize a sale ofthe surplus property on November 13,2004. 7. Recommendation to approve a sole-source purchase from ESRI for ArcGIS Server, geographical information systems software for web services, in the amount of $30,016.46. F. COUNTY MANAGER 1. Recommendation to Approve Submission of a Grant Application for and Resolution in Support of a Florida Department of Environmental Protection Grant to Contribute to the Renourishment of Marco Island South Beach. 2. Recommendation to approve a Lease Agreement with East Naples Fire Control and Rescue District for shared use of future Fire Station 22 at a total cost to the County of $469,530. 3. Recommendation to Approve Submission of an Updated Grant Application for and Resolution in Support of a Florida Department of Environmental Protection Grant to Contribute to the Renourishment of Vanderbilt, Pelican Bay, Park Shore and Naples Beaches. 4. Recommendation to Approve a Budget Amendment to Fund Bond Remission Payments. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1. Proclamation to designate November Epilepsy Awareness Month. 2. Commissioner Halas' request for Board approvai for reimbursement for attending a function serving a valid public purpose. Commissioner to attend the Chamber of Commerce celebration of the return of commercial flights to the Napies Municipal Airport on October 28, 2004. $5.00 to be paid from Commissioner Halas' travel budget. 3. Commissioner Halas' request for Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to attend the Chamber's Business After Five at Liberty Bank on October 21,2004. $5.00 to be paid from Commissioner Halas' travei budget. 4. Commissioner Halas' request for Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to attend the Naples Airport Authority reception for the Fly Naples air service program on October 20,2004. $18.00 to be paid from Commissioner Halas' travel budget. 5. Commissioner Fiala's request for Board approval for reimbursement to attend a function serving a valid public purpose. The Commissioner will be attending the United Arts Council 'Celebrate the Arts Gala Dinner' on November 20,2004 at the Naples Beach Hotel; $95.00 to be paid from Commissioner Fiala's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous Items to File for Record with Action as Directed. J. OTHER CONSTITUTIONAL OFFICERS 1. 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. A copy of the Detailed Report is on display In the County Manager's Office, Collier County Government Center, 3301 East Tamiaml Trail, 2nd Floor, W. Harmon Turner Building, Naples, Florida. K. COUNTY ATTORNEY 1. Recommendation to authorize the making of an Offer of Judgment to Respondents, Armando A. Lambert and Algls L. Mados, for Parcel No. 208 in the amount of $12,000.00 in the lawsuit styled Collier County v. Armando A. Lambert, et aI., Case No. 02-2132-CA (immokalee Road Project No. 60018). 2. Recommend that the Board of County Commissioners Approve an Agreed Order and Authorize Payment of Expert Fees for Parcels 179/179T in the Lawsuit Styled Collier County v. Dr. Francisco Cortina, et. aI., Case No. 00-o936-CA (Golden Gate Boulevard Project #63041). 3. Recommendation that the Board of County Commissioners Waive the Purchasing Policy as Allowed Under Section VI.G. of the Policy and Approve a Retention Agreement with the Law Firm of Garvin & Tripp, P.A., to Represent the County in Complex Litigation Including Land Use Matters and Further Approve the Opening of a Purchase Order for the Firm to Defend the County's Interests In the Case of Century Development, et al. v. Jeb Bush, et al. as well as in Potentially Related Purported Bert Harris Act Claims. 4. Recommendation for the Board of County Commissioners to (a) Approve Amendment No.1 to the Retention Agreement with the Law Firm of Carlton, Fields, Ward, Emmanuel & Smith, P.A., and (b) Specifically Ratify and Authorize the Purchase Order for Services by the Firm In the Case of Collier County v. United Engineering Corporation, Inc., Case No. 04-3363-CA and Related Matters. 5. Approve Selection of Firm for RFP 04-3685 "Court Reporting Services for Collier County" 6. Recommendation That The Board Of County Commissioners Approve The Settlement In Kelly V. Collier County, Case No.: 02-4393-Ca, Pursuant To Which The County Would Pay $18,000 And All Claims Against The County Would Be Released. Said $18,000 Settlement Was Arrived At During Settlement Negotiations And Prior To Arbitration. "---~-'~-- -_.... -W~-·T-· 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. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SE-04-AR-5430 an Ordinance amending Ordinance 2000-79, the Hammock Park Commerce Centre PUD to correct a scrivener's error due to an omission of an Intended revision to the legal description contained within the PUD document and to correct the PUD name within the Ordinance listed as "Hammock Park of Commerce", which should be "Hammock Park Commerce Centre"; for the property located at In Section 14, Township 50 South, Range 26 East, Collier County, Florida. B. This Item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SE-04-AR-5777, an Ordinance amending Ordinance 04-15, the Terafina Planned Unit Development (PUD) to correct a scrivener's error resuiting from the unintentional omission of the official zoning map number 86165 in the title of the transmittal copy of the adopted Ordinance sent to the State Department of Community Affairs for the property located approximately one mile north of ImmokaJee Road (CR 846) in Section 16, Township 48 South, Range 26 East, Collier County, Fiorida. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SE-04-AR-5776, an Ordinance amending Ordinance 04-20, the Calusa Island Village Planned Unit Development (PUD) to correct a scrivener's error resulting from an Incorrect official zoning map number contained in the title of the transmittal copy of the adopted Ordinance that was sent to the Department of State for the property located south of Goodland Drive and east of the Calusa Marina in Sections 18 & 19, Township 52 South, Range 27 East, Collier County, Florida. D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2004-AR-6249 Tamlami Southwest LLC, represented by Chris Hagan, of Johnson Engineering and Jeff Kannensohn, of Porter, Wright, Morris & Arthur, requesting a two-year extension of the a Planned Unit Development (PUD) zoning granted by Ordinance No. 99-37, pursuant to LDC Section 2.7.3.4.6 (UDC Section 10.02.13.D) for the Vincentian PUD. The property, consisting of 30.7 acres, is located in the southeast quadrant of the intersection of Southwest Boulevard and U.S. 41 (Tamiami Trail), in Section 32, Township 50 south, Range 26 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. - --- I AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING October 26. 2004 Item 8A continued to the November 16. 2004 BCC Meetina: PUDA-03-AR-4227, Wayne Arnold, representing Bryan W. Paul, requesting a Planned Unit Development (PUD) to PUD rezone for the purpose of amending the Orangetree PUD to reflect that 616 acres have been rezoned to a new PUD to be known as the Orange Blossom Ranch MPUD. No other changes are proposed with this amendment. The subject PUD is located on the northeast corner of Immokalee Road (C.R. 846) and Randall Boulevard in Sections 11, 12, 13, 14, 23, and 24, Township 48S, Range 27E. Companion Item: PUDZ-03-AR-4150. (Petitioner's request.) Item 8B continued to the November 16, 2004 BCC Meeting: PUDZ-03-AR-4150, Wayne Arnold, representing Bryan W. Paul, requesting to rezone 616 acres of the Orangetree Planned Unit Development (PUD) to a new PUD to be known as the Orange Blossom Ranch PUD permitting a maximum of 1,600 dwelling units; 200,000 square feet of commercial uses allowed in C-1 thru C-5 zoning districts; and, a +90-acre community facility tract permitting recreational uses, government offices, schools, child care centers, and commercial excavation. The property is located on the north and south sides of Oil Well Road (C.R. 858) and approximately one mile east of Immokalee Road (C.R. 846) in Sections 13, 14, and 24, Township 48S, Range 27E. Companion Item: PUDA-03-AR-4227. (Petitioner's request.) Item 9B: Executive Summary should list Mr. Moaveni's district as District 4, rather than District 3. (Staff request.) Move Item 16A4 to 10F: Recommendation to authorize an additional permanent position for the Environmental Review Section within the Environmental Services Department of the Community Development and Environmental Services Division and consulting services designed to improve efficiencies in the land development review process at a total cost not to exceed $69,300. (Commissioner Henning request.) Move Item 16B3 to 10G: Recommendation to authorize a budget amendment for the purchase of additional cubicle units that are needed for the new Transportation Services Building in the amount of $61,476.00. (Commissioner Coyle request.) Move 16C2 to 10H: Recommendation to award a contract for Bid No. 04-3679 to Southwest Utility Systems, Inc. in the amount of $891,225 for installation of a 16- inch reclaimed water system interconnect from Radio Road to Davis Boulevard, Project No. 74035. (Commissioner Henning request.) Withdraw Item 16F2: Recommendation to approve a lease agreement with East Naples Fire Control and Rescue District for shared use of future Fire Station 22 at a total cost to the County of $469,530. (Staff request.) NOTE: Items 17 A, B, C and D do not require Ex Parte disclosure. Time Certain Items: Item 8C to be heard at 1 :00 p.m. Public Hearing for the 2003 1st Cycle of GMP Amendments (CPSP-203-11, Wildlife). Item 8D to be heard immediatelv followina 8C: Public Hearing for the 2003 1st Cycle of Growth Management Plan Amendments (Adoption Hearing). Item 9H to be heard at 11 :00 a.m. Verbal report from Commissioner Coletta regarding trip to Poland. Item 13A to be heard at 3:00 p.m. Request for discussion with the Board of County Commissioners regarding the status of the Sheriff's Office 2004/2005 Budget Request. Agenda Item No. 4A October 26. 2004 Page 1 of 2 PROCLAMA TION WHEREAS, more than 2,5 million people in the United States have epilepsy, including 160,000 people in the State of Florida; and, WHEREAS, it is estimated that between 70,000 to 129,000 new cases of epilepsy occur each year in the United States; and, WHEREAS, epilepsy can affect anyone, at any age and at any time; and, WHEREAS, the lack of education about this disorder has contributed to age- old myths, superstitions, and prejudices; and the stigma associated with this disorder is sometimes worse than the disorder itself; and, WHEREAS, the goal of the Epilepsy Services Program is to improve the health and quality of life of all Floridians with epilepsy through the provision of essential medical care, case management, and pharmaceuticals to maximize seizure control' through vocational services to improve employment opportunities; and through professional and community education to improve understanding of the challenges faced by people who have epilepsy. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that November be designated as "National Epilepsy Month" DONE AND ORDERED THIS 26th Day of October 2004 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN ATTEST: DWIGHT E BROCK, CLERK ,.,............ Agenda Item No. 4A October 26, 2004 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 4A Meeting Date Proclamation to designate the month of November as Epilepsy Awareness Month. To be accepted by Gerry Harwick, Case Manager. 10/26/2004 9:00:00 AM Prepared By Date Kathleen Martinson Administrative Aide to BCC 10/5/20044:32:43 PM Board of County Commissioners BCC Office Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners Bce Office 10/5/2004 4;46 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 101131200411:15 AM PROCLAMATION Agenda Item No. 4B October 26,2004 Page 1 of 2 WHEREAS, The Ronald McDonald Care Mobile, donated by Ronald McDonald House Charities, Inc. C), will provide transportable medical and dental care for children in need; and, WHEREAS, the program offers numerous benefits and services in Collier County including: school physicals to new students entering the Collier County school system; vision and hearing exams; growth and development exams; dental exams and sealants and prevention education programs through the Collier County Health Department and other community prevention education groups; and, WHEREAS, the program will provide for the continuity of care by providing referrals and follow-up services to a pediatrician or dentist. The program will also help eligible families connect with state government insurance programs, such as Medicaid. The program will provide clinical and educational materials along with medical and dental treatments to thousands of medically needy children each year; and, WHEREAS, the Care Mobile will operate year-round at numerous locations throughout the county from Naples to Immokalee and Marco Island to Everglades City where low-income children live and have activities. such as schools, day care sites and preschools, Habitat neighborhoods, festivals, and summer camps; and, WHEREAS, the overall outcome will be to improve the health of 3,000 medically and dentally underserved children annually. primarily by connecting them to ongoing medical and/or dental care; and, WHEREAS, Collier Health Services. Inc. and its Children's Health Network and Ronald McDonald House CharitiesC/Þ of Southwest Florida have partnered to bring the Ranaid McDonald Care Mobile to Collier County to serve these children; and, WHEREAS, by supporting our children today, we will ensure their happy and healthy future. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that Friday, November 5, 2004 be designated as RONALD MCDONALD CARE MOBILE DAY DONE AND ORDERED THIS 26th Day of October BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Agenda Item No. 48 October 26, 2004 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 48 Proclamation to designate Friday, November 5, 2004 as RONALD MCDONALD CARE MOBILE DAY. To be accepted by Jules Mijares, Richard Akin, and Dr. Keith Riley, DD.S. 10/26/20049:00:00 AM Meeting Date Prepared By Date Kathleen Martinson Administrative Aide to BCe 10/7120042:15:42 PM Board of County Commissioners BCC Office Approved By Sue Filson Executìve Manager to the BCC Date Board of County Commissioners BCC Office 10/1312004 2:03 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/1412004 2:28 PM Agenda Item No, 4C October 26, 2004 Page 1 of 2 PROCLAMA TION WHEREAS, every child has the right to grow in a secure, loving family and adoption is a positive way to build a family: and, WHEREAS, the Adoption Task Force of Southwest Florida, Inc. is a collaborative effort of community agencies and individuals to create and increase awareness of adoption' and, WHEREAS, the Adoption Task Force of Southwest Florida, Inc. 's purpose is to provIde resources and education on the various aspects of adoption and to promote positive attitudes towards adoption: and, WHEREAS, adoption brings untold benefits to Collier County resIdents that are affected by the adoption process. This includes benefits to birth parents, adoptive parents, and the children placed in adoptive homes, as well as their extended families: and, WHEREAS, crisis pregnancy is a problem in Col/ier County and adoption is a positive option that is not a/ways considered due to a lack of awareness and education. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, FlorIda, that the Month of November 2004 be designated as COLLIER COUNTY ADOPTION MONTH and, in honor of this event, we encourage citizens, community agencies, religious organizations, businesses and others to celebrate adoption and honor the families that grow through adoption. DONE AND ORDERED THIS 26th day of October, 2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN ATTEST: DWIGHT E BROCK, CLERK Agenda Item No. 4C October 26, 2004 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 4C Meeting Date Proclamation to designate the month of November as Adoption Month in Collier County. To be accepted on behalf of the Southwest Adoption Task Force by Debbie Allen, her son Dustin Allen, and Daneille Stewart. 10/26/2004 900:00 AM Prepared By Date Kathleen Martinson Administrative Aide to BCC 10/12/2004 4:06: 36 PM Board of County Commissioners Bce Office Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC Date BCC Office 10/13/20041:59 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/14/20043:30 PM PROCLAMA TION Agenda Item No. 40 October 26, 2004 Page 1 of 2 WHEREAS, America Recycles 2004 is launching its 8th annual campaign to encourage Americans to recycle and buy recycled products; and, WHEREAS, buying recycled products conserves resources, reduces water, air pollution, greenhouse gas emissions, and saves energy; and, WHEREAS, Collier County has worked diligently to develop an integrated solid waste management system to meet the needs of its citizens, and strongly supports recycling and the beneficial use of waste materials as a way to conserve precious landfill space; and, WHEREAS, reducing waste, recycling waste, and purchasing products made from recyclable materials are among the easiest and most effective measures every American can take to conserve our resources and create a cleaner environment. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that November 15, 2004 be designated as AMERICA RECYCLES DAY IN COLLIER COUNTY and Collier County wishes to join the rest of America to maximize awareness and celebrate this day. DONE AND ORDERED THIS 26TH Day of October 2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK !' ..,,'....... ...._._,.,_.._-_.-._"-_.,_.,--~- ---- Agenda Item No. 4D October 26, 2004 Page 2 of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 4D Meeting Date Proclamation to designate November 15, 2004 American Recycles Day in Collier County. To be accepted by Denise Kirk, Collier County Recycle Coordinator 10/26/2004 9:00:00 AM Prepared By Date Kathleen Martinson Administrative Aide to BCC 10114/20041 :33:42 PM Board of County Commissioners BCC Office Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 10/14/20044:03 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/14/20046:45 PM Agenda Item No. SA October 26, 2004 Page 1 of 2 Recommendation to Name the Winners of the What Does Freedom Mean to You Art Contest Objective: To encourage children to reflect upon those individuals or groups of people who have sacrificed throughout American history to preserve the freedoms that we enjoy today. Considerations: At its May 27, 2004 meeting, the Board of County Commissioners named September Freedom Month in perpetuity in Collier County. As part of that month- long celebration County staff conducted a What Does Freedom Mean to You Art Contest for local children. Children aged 6 to 16 were invited to submit one original piece of art in pencil, crayon, pen, marker or paint along with a two-line explanation of their work. Entries were judged by a panel of three local experts. Judges recommend that the contest winners be named as follows: In the Age 13 to 16 Category: 1 st Place Miranda DeMario 2nd Place Devin Henderson 3rd Place Cody Belford In the Age 1 0 to 12 Category: I st Place Arilynn Hesketh 2nd Place Alex Morris 3rd Place Manuela Blair In the Age 6 to 9 Category: 1 st Place Valentina Cherednichenko 2nd Place Samantha Eisenberg 3rd Place Michael Dauphinais Growth Management Impact: No growth management impact is associated with this action, Fiscal Impact: No fiscal impact is associated with this action. Recommendation: That the Board of County Commissioners names the winners of the What Does Freedom Mean to You Art Contest as outlined in the Considerations above. Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation Department Agenda Item No. SA October 26,2004 Page 20f2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary SA Recommendation to Name the Winners of the "What Does Freedom Mean to You" Art Contest. Meeting Date 10/26/2004 9 DO: 00 AM Approved By John C. Veit Parks Superintendent Date Public Services Parks and Recreation 10/15/20043:04 PM Approved By John Torre Communications and Customer Relations Director Date County Manager's Office Communication & Customer Relations 10/18120041:30 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 10/191200410:14AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10119/20044:14 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/19/20044: 38 PM Agenda Item No. 58 October 26, 2004 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to recognize Adam Brooks, Reference Librarian, Naples Branch Library as "Employee of the Month" for October 2004. OBJECTIVE: To recognize Adam Brooks, as "Employee of the Month." CONSIDERA TJONS: Adam has been a dependable member of the library reference staff for more than two years, and during this time, has demonstrated his abilities as a skilled researcher, team player, and program presenter. Adam's tenacious Web and database searching skills are very impressive. Adam's knowledge of print reference sources is also excellent. Adam continually takes the time to learn how to use new materials whenever necessary. Adam is a team player and often goes above and beyond his duties as a reference librarian to assist his co-workers in other departments. Adam finds the work that needs to be done before it is even assigned and is eager to learn about every aspect of librarianship. Adam had an opportunity this August to show his true volunteer spirit, as he put his customer skills to use manning the phones for two days during Hurricane Charley. His calm demeanor and patience with customers was surely appreciated by those under great stress. Florida History is Adam's specialty, and the library system has benefited greatly from his interest in this subject. Though only required to do one book discussion a year, Adam has done numerous book discussions on Florida classic titles this year, such as The Yearling and ð Land Remembered, and is beginning to cultivate an audience for Florida fiction. This summer alone, Adam volunteered to do four different Florida programs, including one on Zora Neale Hurston's book, Their Eves Were Watching God, which is the featured title for Governor Bush's "Read Together Florida" initiative. Adam did these Florida programs throughout the library branches and greatly added to the summer offerings. Just recently, Adam gave a very successful lecture/slide show on Naples Historic Sites. This was an original presentation, which generated a great deal of interest from the patrons. Adam's interest in Florida History has led him to join the Florida Historical Society, and he is also Vice-Chairman for Collier County's Historical and Archaeological Preservation Board. He has been an excellent representative for the library and has been able to make good use of the information he learns in these activities outside the workplace. Our library is very fortunate to have Adam employed with us. 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 Adam Brooks, Naples Branch Library as "Employee of the Month" for October 2004. PREPARED BY: Dawn Ragone, Administrative Assistant, Human Resources Department. Agenda Item No. 58 October 26, 2004 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 5B Meeting Date Recommendation to recognize Adam Brooks, Reference Librarian, Naples Branch Library as "Employee of the Month" for October 2004. 10/26/20049:00:00 AM Prepared By Date Dawn Ragone Administrative Assistant 10/15/200411:58:50 AM Administrative Services Human Resources Approved By Jean Merritt Human Resources Director Date Administrative Services Human Resources 10/19/2004 8:30 AM Approved By Dawn Ragone Administrative Assistant Date Administrative Services Human Resources 10/19/2004 8:34 AM Approved By Mary Beck Executive Secretary Date Administrative Services Administrative Services Admin. 10/19/20048:36 AM Approved By Kristina Eager Administrative Assistant Date Administrative Services Facilities Management 10/19/20048:38 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 10/19/200410:06 AM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 10/19/200410:19 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office·of Management & Budget 10/19/200410:31 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/19/200411:48 AM ".~-"-----~- "Or Agenda Item No. 8A October 26, 2004 Page 1 of 67 EXECUTIVE SUMMARY PUDA-03-AR-4227, Wayne Arnold, representing Bryan W. Paul, requesting a Planned Unit Development (PUD) to PUD rezone for the purpose of amending the Orangetree PUD to reflect that 616 acres have been rezoned to a new PUD to be known as the Orange Blossom Ranch MPUD. No other changes are proposed with this amendment. The subject PUD is located on the northeast corner of Immokalee Road (C.R. 846) and Randall Boulevard in Sections 11, 12, 13, 14,23, and 24, Township 48S, Range 27E. Companion Item: PUDZ-03-AR-4150 OBJECTIVE: This petition seeks to have the Board of County Commissioners approve a rezone from Planned Unit Development (PUD) to PUD for the purpose of amending the Orangetree PUD to reflect that 616 acres have been rezoned to a new PUD 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, CONSIDERA TIONS: On January 27, 1986, the property owner and the Board of County Commissioners executed a "Settlement and Zoning Agreement" that included a rezoning of the property to a "PUD by ,.--. Settlement" to be known as the Orangetree PUD. The total acreage of the currently approved PUD is 2,752.8 acres and will be reduced to 2,136,87 acres if the companion petition to rezone a portion (616 acres) to the Orange Blossom Ranch PUD is approved. The purpose of this petition is to amend the PUD document and master plan to reflect the new project boundaries and legal description. No other changes are proposed to the PUD that is currently approved for 2,100 dwelling units, which will result in a change to the gross density from 0.76 to 0,98 dwelling units per acre. 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. ^'.,"-...... PUDA-03-AR-4227, Orangetree PUD 1 .".."'..'"-.. Agenda Item No. 8A October 26, 2004 Page 2 of 67 GROWTH MANAGEMENT IMPACT: The Settlement Area District allows land uses "vested" in ] 986; these include 2,] 00 dwelling units and 22 acres/60,000 square feet (plus hotel/motel use) of commercial development. The District identifies the types of uses allowed in the Orangetree PUD - residential, commercial, community uses, etc. The acreage reduction will increase the density from .76 units per acre to .98 units per acre, however the approved maximum number of dwelling units of 2, I 00 will not change and therefore, the proposed amendment does not increase the vested number of dwelling units or commercial land uses. Based upon the above analysis, staff is of the opinion that the proposed amendment may be deemed consistent with the Rural Settlement Area District in the Golden Gate Area Master Plan (GGAMP), ENVIRONMENTAL ISSUES: The Environmental staff has reviewed the petitioner's application and has waived the requirement for the petitioner to submit an Environmental Impact Statement (EIS) because this petition only reflect the removal of 616 acres &om the Orangetree PUD, ENVIRONMENTAL ADVISORY COUNCIL (RAC) RECOMMENDATION: 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 October 7, 2004. A motion by Commissioner Strain to forward petition PUDA-03-AR-4227 to the BCC with a recommendation of approval was accepted by a vote of 8 to 0 subject to staff stipulations as contained in the PUD Document. The Planning Commissioners recommending approval found this petition to be consistent with the GMP and compatible with the surrounding land uses. Because one person spoke in opposition to this petition, this petition could not be placed on the summary agenda. STAFF RECOMMENDATION: Staff recommends approval of Petition PUDA-03-AR-4227 subject to the modifications of the PUD property boundary and legal description incorporated into the PUD Document as otherwise described by the amending Ordinance included in this Executive Summary. PREPARED BY: Raymond V, Bellows, Manager Department of Zoning & Land Development Review PUDA-03-AR-4227, Orangetree PUD 2 Agenda Item No. 8A October 26. 2004 Page 3 of 67 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary eA This Item requires that all participants be sworn jn and eIC-p8MÐ disc!u¡ure be proYlded by Commission members. PUDA~03-AR-4227J Wayne Arnold, repreaeniing Bryan W. Paul, requesting a Planned Unit Development (PUD) to PUO rezone 10r the purpose of amending the Orøngetree PUD te rÐflvct that 616 acres havf.I been rezoned to a new PUD to be known IS the- Orange Blossom Rsnct1 MPUD, ND other changes Ire proposed with this amendment. The subject PUD is IDcøted Ot~ the norlhl.'iul comer of fmn10kaJee Road (C.R. 846) and Randall Boulevard in Sections 11, 12, 13, 14,23. and 24. Township 485, Range 27E. Companion Item: PUDZ-03-AR-4150 Mealing Data 10/261200~ 9:00:00 AM Prepared By Date Ray BeUoW'S Community Developmont & Environmental S"lVlcDS Chief Planner 10/13/20043:24:09 PM Zoning & Land Development Review Appro.ed By Sandra Lea Community Development & Environmental Service. Executive Secretary Community Development & Environmental Service. Admin, Oot. 10114/200411:37 AM Appro..d By Constance A. Johnson Operations Anlty!t Community Development & Environmental Service. Admin. Dltll Community Development & Environmental Services 10/141200411 :42 AM Appro..d By Joseph K. Schmitt Con1munity Developmont & Environmental ServlcoD Admlnstrator Dele Community Development & Envlronmltntal Service. Community DevfI,lopment & EnvIronmental Service» Admin. 1 0/1 5I200~ 1 :06 PM Appro..d By Pat Lehnhard Admlnlltratlve Assistant Dlte County Manager's O"'CI Office at Man.agemen, & Budget 10115120041:30 PM Appro..d By Mark Isackson BUdget Analyat DOl. County Managvr'e. OftícO' Ofttce of M.n89êmont 8. Budget 10118/2004 9: 1 8 AM Approved By Michael Smykowakl M.JNlgement & Budget Director Office or Management & Btldget Dot. County Man.,ger's Offiçe 10/18/2004 3:42 PM Appro.ed By Jame5 V. Mudd Board of County Commissioners County Monlger Dat. County Man.ger'. Office 10/19/200412:33 PM Agenda Item No. 8A October 26, 2004 Page 4 of 67 STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES HEARING DATE: OCTOBER 7, 2004 RE: PETITION NO: PUDA-03-AR-4227, ORANGETREE PUD COMPANION ITEM: PUDZ-03-AR-4150, ORANGE BLOSSOM RANCH OWNER/AGENT: Agent: Wayne Arnold Owner: Q. Grady Minor & Associates, P. A, 3800 Via Del Rey Bonita Springs, Florida 34134 Bryan W. Paul P,O. Box 2357, Highway 78-A Labelle, Florida 33935 REQUESTED ACTION: To have the Collier County Planning Commission consider an application for a Planned Unit Development (PUD) to PUD rezone for the purpose of amending the Orangetree PUD to reflect that 616 acres have been rezoned to a new PUD to be known as the Orange Blossom Ranch MPUD. No other changes are proposed with this amendment. GEOGRAPHIC LOCATION: The property is located on the northeast corner of Immokalee Road (C.R. 846) and Randall Boulevard in Sections 11, 12, 13, 14,23, and 24, Township 48S, Range 27E. (See location map on the following page, A copy of the Master Plan for the subject site follows the location map), PURPOSEIDESCRIPTION OF PROJECT: On January 27, 1986, the property owner and the Board of County Commissioners executed a "Settlement and Zoning Agreement" that included a rezoning of the property to a "PUD by Settlement" to be known as the Orangetree PUD. The total acreage of the currently approved PUD is 2,752,8 acres and will be reduced to 2,136.87 acres if the companion petition to rezone a portion (616 acres) to the Orange Blossom Ranch PUD is approved, The purpose of this petition is to amend the PUD document and master plan to reflect the new project boundaries and legal description, No other changes are proposed to the PUD that is currently approved for 2,100 dwelling units, which will result in a change to the gross density from 0.76 to 0.98 dwelling units per acre. PUDA-03-AR-4227, Orangetree PUD Agenda Item No. 8A October 26, 2004 Page 5 of 67 SURROUNDING LAND USE AND ZONING: Surrounding: North -. Developed single-family and zoned Estates (E). East - Developed single-family that is zoned Estates (E) and the proposed Orange Blossom Ranch PUD. South -Randall Boulevard and developed residential that is zoned Estates (E). West- Immokalee Road and developed residential that is zoned Estates (E), GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Agricultural/Rural - Settlement Area District, as identified on the Future Land Use Map in the GGAMP of the Growth Management Plan. Future Land Use Element (FLUE): The Settlement Area District allows land uses "vested" in 1986; these include 2,100 dwelling units and 22 acres/60,000 square feet (plus hotel/motel use) of commercial development. The District identifies the types of uses allowed in the Orangetree PUD _ residential, commercial, community uses, etc, The acreage reduction will increase the density from ,76 units per acre to .98 units per acre, however the approved maximum number of dwelling units of 2,100 will not change and therefore, the proposed amendment does not increase the vested number of dwelling units or commercial land uses. Based upon the above analysis, staff is of the opinion that the proposed amendment may be deemed consistent with the Rural Settlement Area District in the GGAMP. PUDA-03-AR-4227, Orangetree PUD 2 .-.,.---.""....- Agenda Item No. 8A October 26. 2004 Page 6 of 67 Transportation Element: The Transportation Department has reviewed the applicant's application and has determined that the proposed amendment to revise the project boundary to reflect the elimination of 616 acres will not generate any additional site-generated trips over the amount currently approved for this PUD. As a result, this petition is consistent with Policies 1.3, lA, 5.1 and 5.2 of the Transportation Element. Conservation and Open Space Element - The PUD document indicates that a combination of landscape, lakes, water management areas, and qualifying open space areas exceeds the Land Development Code (LDC) requirements based on the reduced PUD project area. 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 ofits related elements (See Exhibit "A" and Exhibit "B"), Environmental Review - Since this petition only removes 616 acres form the Orangetree PUD, the Environmental staff has recommended approval. Zoning Review - The petitioner's stated intent is only to revise the legal description and master plan to reflect the rezoning of 616 acres from the Orangetree PUD to a new PUD to be named the Orange Blossom Ranch POO. The currently approved list of permitted uses, development standards, and conditions of approval will remain as currently approved. Utility Infrastructure - Because no additional dwelling units are proposed with this petition, the Utilities Department has recommended approval of this petition as submitted. Public Information Meeting: The petitioner held a Public Information Meeting on November 25, 2003, at the Corkscrew Middle School as a companion item with the Orange Blossom Ranch PUD, Approximately 8 persons attended the presentation given by petitioner. Several persons expressed concern that the additional dwelling units and commercial uses proposed for the Orange Blossom Ranch project would adversely increase traffic on Oil Well Road. Other persons expressed concern for adequate water and sewer service if the Orange Blossom Ranch PUD is approved. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend approval of Petition POOA-03- AR-4227 as otherwise described by the Ordinance of Adoption and Exhibits thereto. PUDA-03-AR-4227, Orangetree PUD 3 Agenda Item No. 8A October 26, 2004 Page 7 of 67 PREPARED BY: RAY BELLOWS, CHIEF PLANNER DA TE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: SUSAN MURRAY, AICP, DIRECTOR DA TE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DA TE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN DATE PUDA-03-AR4227, Orangetree PUD 4 Agenda Item No. 8A October 26, 2004 Page 8 of 67 REZONE FINDINGS PETITION PUDA-03-AR-4227 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 ofthe GMP. The subject property is designated Agricultural/Rural - Settlement Area District, as identified on the Future Land Use Map in the Golden Gate Area Master Plan (GGAMP) of the Growth Management Plan (GMP). The Settlement Area District allows land uses "vested" in 1986; these include 2,100 DUs and 22 acres/60,OOO square feet (plus hotel/motel use) of commercial development. The District identifies the types of uses allowed in the Orangetree PUD - residential, commercial, community uses, etc. - but does not identify intensity thresholds; however, the District does reference the PUD, which includes those thresholds. But, the District states: "Future zoning changes to add dwelling units or commercial acreage within the geographic boundaries of this District will not be prohibited or discouraged by reason of the above- referenced vested status," Since the District does not include development intensity thresholds, and specifically provides that more dwelling units and commercial acreage may be added beyond that which the site is "vested" for, the proposed commercial and residential uses and intensities/densities may be found consistent with the GGAMP, Based upon the Rural Settlement Area District language, it is clear that, by omission, industrial land uses are not permitted within the District. Therefore, staff is of the opinion that the Orangetree PUD document is consistent with the GMP and the GGAMP. 2. The existing land use pattern. North: Developed single-family and zoned Estates (E). East: Developed single-family that is zoned Estates (E) and the proposed Orange Blossom Ranch PUD. South: Randall Boulevard and developed residential that is zoned Estates (E). West: Immokalee Road and developed residential that is zoned Estates (E), 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The amendment to the Orangetree PUD will remain sufficient in size and located within an Settlement Area that permits the currently approved 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 and the GGAMP. PUDA-03-AR-4227, Orangetree PUD 5 EXHIBIT "A" Agenda Item No. 8A October 26,2004 Page 9 of 67 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed amendment to the Orangetree PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. 1. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed amendment is appropriate since the PUD area is being reduced as a result of the petitioner proposed rezoning of 616 acres to the Orange Blossom Ranch 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 compatibility with neighboring properties, The proposed amendment 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. There are no additional site generated trips associated with this petition. 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. 8. Whether the proposed change will create a drainage problem. The LDC specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. In summary, the currently approved Orangetree PUD has been reviewed for consistency with the applicable regulations and this project is required to mitigate all surface drainage generated by developmental activities as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. PUDA-03-AR4227, Orangetree PUD 6 ~,._-_._-- Agenda Item No. 8A October 26, 2004 Page 10 of 67 All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed amendment only reduces the project boundaries and wi1l not change any approved development standards within this PUD. As a result, staff is of the opinion that the proposed PUD amendment wi1l 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 the Orangetree PUD should not be affected by the requested amendment in that the PUD provides for the required landscape buffer, and provides adequate setbacks and is consistent with the approved zoned projects in the area. 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 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 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 Future Land Use Element and the GGAMP. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD amendment complies with the GMP and wi1l not adversely impact the currently approved scale, density and overall intensity of land uses deemed to be acceptable by the FLUE and the GGAMP. 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 project. This is not the determining factor when evaluating the appropriateness of an amendment to an existing PUD zoning district.. PUDA-03-AR-4227, Orangetree PUD 7 Agenda Item No. 8A October 26,2004 Page 11 of 67 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 PUD amendment 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 detennined that required infrastructure meets with GMP established relationships, The proposed change will have no affect upon those conditions. PUDA-03-AR-4227, Orangetree PUD 8 -_.._""'-'''-~--.-^ Agenda Item No. 8A October 26, 2004 Page 12 of 67 FINDINGS FOR PUD PUD-03-AR-4227 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 Orangetree 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. 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 revised 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. EXHIBIT "B" PUDA-03-AR-4227. Orangetree PUD 9 Agenda Item No. 8A October 26, 2004 Page 13 of6? 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, this petition 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 POO 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 essentialIy requires an evaluation of the extent to which development standards proposed for this approved 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 PUD amendment is simply to reflect the rezone of a portion of the PUD to a new PUD. PUDA-D3-AR-4227, Orangetree PUD 10 - 1 --.-----.- ~ ~ \ 6l ·~·S B > e; ÖZ .\ ~ å wº " u '1< 00 ., ¡f3 0' V1 I ., V1 ., 0' ;!; <.5 .!. ;- II I II «VI'- ~~ T I I COOeD ,0_ ON 0 Z <.ÔV EN"- I '--- ()....() zl= _()OJ -.0 CO 0 roOa.. w- "OW I t:1< ~O ! <1)0 OJ 31: « 'I:~ , , I I \ I ~ I _. 1." ¡,~ -~, I I , I ~ 11 T ¡ I II II I II I J : ~ ; J ~ ~ I r-I::: ~ -ù ¡. .~'"¿ I I: T I I I I ~... -r ~ ~ a ~ ! ·1 1 ~ f---' l f-- )1'1':)$ 0.1. J.ON / E:- - ~ t S S ~ ~ 5L-1 .ç,CC á<~ ",-.5 D- « :2 W I- - en " N N "It ~ « , (Y) o ~I <I o D. ,., z o f- f- W D. D- « :2 z o I- « ü o ...J Agenda Item No. 8A October 26, 2004 ___ _ ___ Pa9.e 1?-EL6? PUDZ-2003-AR-41SO PROJECT # 2002120036 DATE: 5/2712003 RAY BELLOWS APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: Date Petition Received: Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) Bryan W. Paul Applicant's Mailing Address P.O. Box 2357. Hwv 78 - A City Labelle State Florida Zip 33935-2357 Applicant's Telephone # (863) 675-4410 Fax # (863) 675-4570 Name of Agent D. Wavne Arnold Finn O. Gradv Minor & Associates. P.A. Agent's Mailing Address 3800 Via Del Rev City Bonita Springs State FL Zip 34134 Agent's Telephone # 239-947-1144 Fax # 239-947-0375 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 PHONE (941) 403-2400 / FAX (941) 643-6968 ".,_ú......~""..._..."'~,..·_~.."'-'",',,",,·..,, ,,",,,,, Agenda Item No. 8A October 26,2004 Page 16 of 67 Name of Agent Anthony P. Pires Firm Woodward. Pires & Lombardo. P.A. Agent's Mailing Address 3200 Tamiami Trail North Suite 200 City Naples State FL Zip 34103 A2ent's Telephone # (239) 649-6555 Fax # (239) 649-7342 2 Agenda Item No. 8A October 26,2004 Page 17 of 67 2. Disclosure of Interest Infonnation: a. If the property is owned fee simple by an INDNIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary.) Name and Address Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address and Office Percentage of Stock 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 3 Agenda Item No. 8A October 26,2004 Page 18 of 67 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 Address Percentage of Ownership Please see attached Exhibit "A" 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. Date of Contract: Name and Address Percentage of Ownership 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 0 leased 0 Term of lease vrs.lmos. JfPetitioner has option to buy, indicate date of option: option terminates: , or anticipated closing date and 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 fonn. 3. Detailed lee:al descriotion of the orooertv covered bv the aoolication: (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. 4 Agenda Item No, 8A October 26, 2004 Page 19 of 67 Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum I" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the COITeCt legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 13. 14 & 24 Township: 48 Range: 27 Lot: Block: Subdivision: Plat Book: Page #: Property I.D.#: Please see attached document Metes & Bounds Description: Please see attached le2al description 4. Size of orooertv: ft. x ft. = Total Sq. Ft. Acres ± 616 5. Address/eeneral location of subied oropertv: Prooertv is located on the north and south sides of Oil Well Road a1>Droximately 1 mile east ofImmokalee Road. 6. Adiacent zonine and land use: Zoning Land Use NPUD Citrus Grove S PUD Valencia Golf Course EE Golden Gate Estates WPUD Waterwavs residential and Collier County High School Does the owner of the subje(,.1 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). Yes Section: 11. 12. 13. 14 & 24 Township: 48 Range: 27 Lot: Block: Subdivision: Plat Book: Page #: Property I.D.#: Please see attached document 5 Agenda Item No. 8A October 26,2004 Page 20 of 67 Metes & Bounds Description: Please see attached legal descri1>tion 7. Rezone Reauest: This application is requesting a rezone from the PUD zoning district(s) to the PUD zoning district(s). Present use of the property: Citrus grove Proposed use (or range of uses) of the property: Mixed use Residential and Commercial Planned Development 8. Evaluation Criteria: Pursuant to Section 2.7.2.5 AND Section 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and reconunendation to the Planning Conunission, 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. 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 DroDertv: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? Yes. Growth Manae.ement Plan Amendment CP-2002-04 6 ,.,~""""----_..".."'"..."'--"'..~'"''''''¡;"-,,,,' ." Agenda Item No. 8A October 26,2004 Page 21 of 67 STATEMENT OF UTILITY PROVISIONS FOR STA.NDARD REZONE REQUEST 1. Name of Applicant: Bryan W. Paul 2. Mailing Address: P.O. Box 2357. Hwy 78 - A City Labelle State Florida Zip 33935-2357 3. Address of Subject Property (if available): 4. Legal Description: Section: 13. 14 & 24 Township: 48 Range: 27 Lot: Block: Subdivision: Plat Book: Page #: ownership document Property I.D.#: Please see attached proDerty Metes & Bounds Description: Please see attached le~a1 description 5. Type of sewage disposal to be provided (check applicable system): a. County Utility System 0 b, City Utility System 0 c. Franchised Utility System [8 Provide Name Orangetree Utilities d. Package Treatment Plant rg (GPD capacity) Temporarv based on Dhased demand e. Septic System 0 6. Type of water service to be provided: a. County Utility System 0 b. City Utility System 0 c. Franchised Utility System 0 Provide Name Orangetree Utilities d. Private System (Well) 0 7. Total population to be served: 8. Peak and Average Daily Demands: A. Water· Peak ISO GPD Average Daily 500.000 GPD B. Sewer· Peak ISO GPD A verage Daily 500.000 GPD 7 ! "-"~-,._->.---~ Agenda Item No. 8A October 26, 2004 Page 22 of 67 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 of sewage treatment process to be used as well as a specific 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 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. 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. The subject property is within the franchise service area of Orangetree Utilities and service has been established in the franchise agreement and in the Orangetree PUD document. The applicant may elect to construct temporary water and wastewater facilities concurrent with phasing of the project 8 Agenda Item No. 8A October 26,2004 Page 23 of 67 PUD REZONE APPLICATION SUBMITTAL CHECKLIST This completed checklist is to be submitted with application packet! Requirements #of Required Not Copies Required 1. Completed Application 24 X 2. Copy of Deed(s) and list identifying Owner(s) and all 1 X Partners if a Corporation 3. Completed Owner/A2ent Affidavit, Notarized 1 X 4. Pre-application notes/minutes 24 X 5. Conceptual Site Plans 24 X 6. Enviromnental Impact Statement (EIS) 4 X 7. Aerial Photograph (with habitat areas identified) 4 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 4 X Waiver Application 11. Copies of State and/or Federal Permits 4 X 12. Architectural Renderin2 of Proposed Structure(s) 4 X 13. Application Fee, Check shall be made payable to -- X Collier County Board of Commissioners 14. Other Requirements - 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 infonnation may result in the de/ay of processing this petition. l~.\~~ Agent! Applicant Signature sir ~J Date 9 "-'<T '. ../ .~~.¡I .. . Agenda Item No. 8A ~pb~l26, 2004 , ~ar240f67 .J /" /" THIS INSTRUMENT PREPARED BY: W. ROY 'WILKES, Attorney at Law P. O. Box 1590 . Lake Placid, Florida 33852 Florida Bar No: 0608475 TE: 813-699-2222 PROPERTY APPRAISER'S PARCEL l.D NO: '24_48-27/2106S0004 1946334 OR: 2068 PG: 0706 DCOiDED in oruCIAL-DCOns of COLLIIl t01lnt, n 06/12/95 at 01:5LPK DWIGBT I. BIOCt, CLIII . coas '0000.00 lIC III 15.00 'DOC-.'O '30.00 WARRANTY DEED Rd.n: ", X DAVID ALllAHDl1 P 0 BOl m Vlcn BAYII n 33S!lJ)1 n THIS INDENTURE, made this 1st day of August, ~~4, oetween BRYAN PAUL and TOM SHIRLEY GROV~, a Florida General Partnership, and BRYAN, PAUL and THOMAS'SHIRLEY, individually, parties of the first part, and BRYAN W. PAUL, whose post office adÚess is Post Post Öffice Box 2274, LaBelle, Florida' 33935 , party of the second part. , , , WITNESSETH, That said parties of the first part, for and in consideration of the sum of TEN ($10.00) DoÌlars, and other good and valuable considerations to them in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, sold and tranSferred, and by these presents, do grant, bargain, sell and transfer unto . the party of the sec<>nd part, his heirs or assigns forever, the following described land, situate, lying and being in Collier County, Florida, to-wit: ' PUDZ-2003-AR-4150 PROJECT # 2002120036 DATE: 5/2712003 RAY BELLOWS SEE ATTACHED EXHIBIT "A" SUBJECT to 1994 taxes, restrictions, reservations and easements of record, if any. ' , And the said panies of the first part do hereby fuj! y . warrant the. ti tle to said land, and will defend the same against the la.wful claims of all persons whomsoever, except tha.t this conveyance is subject to current taxes, easements, restrictions and/or conditions of record. ~ / I I Agenda Item No. 8A October 26, 2004 Page 25 of 67 II. \. Agenda Item No, 8A 5'flo~~2& 1004 VP~gå ~ of 6,7 'PAGE ~5±tø. 6 3 ..UER COUNTY 1690 'OR BOÐK , , §.J1-- , " 1992 ff.~¿5 P.' 12: 06 RECORDED WARRANTY DEED THIS INDENTURE is made this 2nth day of February, 1992, between BRYAN PAUL, 'Individually and as Trustee, P., O. Box 2357,. ~' ,LaBelle, Hendry county, tlorida 33935, as Grantor, and BRYAN PAUL, Individually, P. O. Box 2357, LaBelle, Hendry County, Florida ; . 0 33935, as Grantee. WITNESSETH: , .D 1,,0' That the Grantor, for and in consideration of the sum of TEN AND NO/lOO DOLLARS ($10.00) an~,other valuable consideration, to Grantor in hand paid by the Grantee" the receipt whereof is hereby acknowledged, has granted, barga,ined, and s~ld to Grantee, Grantee I s heirs and assigns forever, 'the land in collier County, Florida, which is described in Attac:hmen't· A'.. ' THIS CONVEYANCE IS MADE SUBJECT TO: I Real estate taxes ~or the year 1992 and all subsequent 1- years. 2. zoning ordinances, zoning agreements, restr:icti ve covenants, rest~ictions, reservations, resolutions I ' rules, . regulations, agree~ents which affect the land, and limitations of record and public ~tility and private easements of record, if any. Grantor does hereby fully warrant the title to said land, and will defend the s'ame against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has executed this deed under seal on the date noted below. WITNESSES: .7h., <~¿;1. ~ Name: /)tlf£l$' AlAJI.s -'A ~ ¢~ / // -/J '~. - fA ' '.;. Ind~v~dually and as ---.-- ------- PUDZ-2003-AR-4150 PROJECT # 2002120036 DATE: 5/27/2003 RAY BELLOWS -" 1 ,'. :/' ... / -/ ... 1690 OR BODK ~ Agendaltem No. ta ~.._. .....Octo~&Ð. ~{) Page i7 of PA·GE All that part of section 24, Township 48 South, Range 27 East, Collier County, Florida; Commencing at the northwest corner ot Seotion 24, :Township 48 South, Range 27 East; thence along the North line of Section 24, South S8D-05'-56" East192B.19 feet; .' . . thence leaving said North line South 01°-54'-04" West 50.00 teet to the South Right-ot-Way line of C.R. . S5S (Oil Well Road); . . thence along said South Right-ot-Way line SOUth.8so-05'-561T East· 720.00 feet to the POINT OF BEGINNING ot the parcel her~in des6ribed: . . '. . . . thence continuing along saiã South Right-ot-Way line.south 8so"'05'-56" East 30.00 feet;. .: . . 'thence continue ~long said South ·.Right-ot-Way line South 8 a · - 51' - 25" Eas t 892. -4 8 t ee.t ; thence leaving said. South .Right-éf-Way line South 01°-49'-15" West 2163.91 feet; thence North 850-58'-32" West 117.57 feet; thence South 84°-04'-00" West 230.00 feet; thence North 44°-46'-41." West 68'6.83 feet; . thence North 29'°-11'-00" West 151.46 feet; thence North 01°-4'9'-15" East 1578.17 feet to said . South· Right-ot-Way line of oil Well Road and the POIllT OF BEGINNING of the parcel herein describeã; being a part ot Section 24, Township 48 South, Range 27 East, Collier County, Florida; . sUbject to easements and restrictions of record; containing 42.44 acres more or less; b£arings a~e baseã on the .northeast 1/4 section line ot said. Section 24, being South 88°-51'-25" East. 1 '. Þ.TTACHMENT A ~:1."'" .... '. . " "¡aI\~~ ..~ o'ðeð:~~""~i~'" ¢' o'to-Þ',.,'V~ ,,~. c; \f\ .. c.... G~\.'" ....\~" c,. , r:P~ ~~~ )~ -'I Agenda Item No. 8A October 26, 2004 Page 28 of 67 ORDINANCE NO, 04- _ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 04-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS NUMBERS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" PLANNED UNIT DEVELOPMENT TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS ORANGETREE, FOR PROPERTY LOCATED ON THE NORTH AND SOUTH SIDES OF OIL WELL ROAD, APPROXIMATELY 1 MILE EAST OF IMMOKALEE ROAD INSIDE OF THE CURRENT ORANGETREE PUD BOUNDARY, IN SECTIONS 11, 12, 13, 14,23 & 24, TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND SECTIONS 18 AND 19, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2,136.87 ± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 04-30, THE FORMER ORANGETREE PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, of Q. Grady Minor and Associates, P.A., and Anthony P. Pires, Esquire, representing Bryan W. Paul, 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 11, 12, 13, 14, 23 and 24, Township 48 South, Range 27 East, and Sections 18 and 19, Township 48 South, Range 28 East, Collier County, Florida, is changed from "PUD" Planned Unit Development to "PUD" Planned Unit Development in accordance with the Orangetree PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate Official Zoning Atlas Maps, as described in Ordinance Number 2004-41, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 04-30 known as the Orangetree PUD, adopted on May 11, 2004, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. Page 1 of 2 ~-'-"---'-- 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 A TIEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency Marjorie M. Student Assistant County Attorney PUDA-2003-AR.4227/RBllo ,2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN Page 2 of 2 Agenda Item No, 8A October 26,2004 Page 29 of 67 Agenda Item No. 8A October 26,2004 Page 30 of 67 A PLANNED UNIT DEVELOPMENT (PUD) DOCUMENT for ORANGETREE First Amendment Prepared by: WILSON, MILLER, INe. Engineers, Planners and Land Surveyors 3200 Bailey Lane at Airport Road Naples, Florida 33942 PUD Amendment Application November 22, 1989 Revised February 27,1991 Revised May 13, 1991 Revised May 11, 2004 Revised October 26, 2004 Original Z & DD Approval: December 10, 1985 Ordinance N umber: 87-13 Approved by CCPC: December 20, 1990 Approved by BCC: June 1991 Ordinance Number: 91-43 Approved by CCPC: March 4, 2004 Approved by BCC: May 11, 2004 Ordinance Number: 2004-30 Approved by CCPC: September 16,2004 Approved by BCC: October 26, 2004 Ordinance Number Exhibit "A" Agenda Item No. 8A October 26, 2004 Page 31 of 67 INDEX PAGE Index 2 List of Exhibits and Tables 3 SECTION I Property Description 4 SECTION II Project Development 5 SECTION III Agricultural Development 10 SECTION IV Residential Development 11 SECTION V CommerciallN eighborhood 16 SECTION VI Golf Course 19 SECTION VII Community Use 22 SECTION VIII SchoollPark 24 SECTION IX General Development Commitments 26 2 C:\AdLib eXpress\Work\radCCF12.tmp.doc .~ I Agenda Item No. 8A October 26, 2004 Page 32 of 67 LIST OF EXHIBITS AND TABLES EXHIBIT A Master Plan (Prepared by Thomas Lucido & Associates Ref. No. 9020) EXHIBIT B Legal Description TABLE I Land Use Summary TABLE II Estimated Market Absorption Schedule TABLE III Development Standards 3 C \AdLib eXpress\ W ork\radCCF ¡ 2. tmp.doc Agenda Item No. 8A October 26, 2004 Page 33 of 67 SECTION I PROPERTY DESCRIPTION AND OWNERSHIP 1.01 INTRODUCTION, LOCATION, AND PURPOSE It is the intent of Amnon Golan, Trustee, Orangetree Associates, (hereinafter called "applicant or developer") to establish a Development on approximately 2,136.87 acres of property located in Collier County, Florida. The subject property is described as "North Golden Gate" on Collier County maps and is bounded on the west by Immokalee Road (CR 846), on the south by Randall Boulevard and is bounded on the north and east by drainage ways. Oil Well Road (CR 858) runs through the site in an east-west direction. 1.02 LEGAL DESCRIPTION Legal Description: This parcel contains approximately 2,136.87 acres and is platted as North Golden Gate and recorded in the Public Records of Collier County, Florida as follows: Unit 1 Plat Book 9 Pages 12-28 Unit 2 Plat Book 9 Pages 39-43 Unit 3 Plat Book 9 Pages 125-142 Unit 4 Plat Book 9 Pages 53-64 Unit 5 Plat Book 9 Pages 65-72 Unit 6 Plat Book 9 Pages 74-78 Unit 7 Plat Book 9 Pages 85-97 Less and except those lands described in Exhibit "B" attached, containing 615.93± acres. 4 C:\AdLib eXpress\Work\radCCF12tmp.doc r" Agenda Item No. 8A October 26,2004 Page 34 of 67 SECTION II PROJECT DEVELOPMENT 2.01 PURPOSE The purpose of this Section is to generally describe the plan of the development and delineate the general conditions that will apply to the project. 2.02 GENERAL PLAN OF DEVELOPMENT The subject parcel is designed as a mixture of agriculture, residential uses, commercial and community oriented facilities, and recreational elements. 2.03 COMPLIANCE WITH APPLICABLE ORDINANCES The project is intended to be in substantial compliance with the applicable Collier County Zoning and Subdivision regulations as well as other Collier County development codes in effect at the time permits and/or plats are requested. 2.04 SUBDIVISION MASTER PLAN AND SITE DEVELOPMENT PLAN APPROVAL The review and approval of subdivision master plans and construction plans shall follow the design and development standards and review procedures regulating subdivisions of the Collier County Ordinances in effect at the time of development. The developer reserves the right to request exceptions and modifications to the standards set forth in applicable regulations. For site development plan approval, the provIsIons of Section 3.3 of the Land Development Code shall apply to the development of platted tracts or parcels of land as provided in Section 3.3 prior to the issuance of a building permit or other development order, 2.05 LAND USES Table I 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 the Master Plan, Thomas Lucido & Associates Ref. No. 9020. Changes and variations in design and 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 the Administrator for approval or denial, as described in Section 2,04 of this document. 5 CIAdLib eXpresslWorklradCCF12tmpdoc Agenda Item No. 8A October 26,2004 Page 35 of 67 ,.- 2.06 PROJECT DENSITY The total acreage of the subject property is approximately 2,136.87 acres. The maximum number of dwelling units to be built on the total acreage is 2,100. The number of dwelling units per gross acre is approximately 0.98. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. 2.07 PERMITTED V ARIA nONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units as assigned under Section 2.04, provided that the total number of dwelling units shall not exceed 2,100. The Administrator shall be notified in accordance with Section 2.04 of such an increase and the resulting reduction in the corresponding residential land use types or other categories so that the total number of dwelling units shall not exceed 2,100. The maximum number of dwelling units by type as shown in Table I shall not vary by more than twenty (20) percent in each category, The maximum number of dwelling units shall include all caretaker's units but does not include the designated hotel rooms, 2.08 DEVELOPMENT SE~UENCE AND SCHEDULE The applicant has not set "stages" for the development of the property but the property is to be developed over an estimated 15 year-time period, Any projection of project development can be no more than an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. Table II indicates, by phase, the estimated absorption of units for the estimated 15 year development period. 2.09 RESERV A nON OF NATURAL VEGET A nON AND TREE REMOVAL Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Development Standards outlined in this documents. 2.10 EASEMENTS FOR UTILITIES Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be in substantial compliance with the Collier County Subdivision Regulations in effect at the time a permit is requested or required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time approvals are requested. 6 C: \AdLib eXpress\ W ork\radCCF 12. tmp.doc Agenda Item No. 8A October 26,2004 Page 36 of 67 2.11 EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS Exceptions to the Subdivision Regulations shall be requested at the time of Subdivision Master Plan review and approval. 2,12 LAKE SITING As depicted on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, lakes and natural retention areas have been sited adjacent to existing and planned roadways. The goals of this are to achieve an overall aesthetic character for the project, to pennit optimum use of the land, and to increase the efficiency of the water management network. Accordingly, the setback requirements described in Ordinance 80-26, Section 8A, may be reduced with the approval of the County Engineer. Fill material from lakes is planned to be utilized within the project, however excess fill material may be utilized off- site, subject to the provisions of the excavation ordinance in effect at the time permits are sought. 2.13 ROADS Collector roads will be public roads. Local roads within the development may be either public or private roads, depending on location, capacity, and design. 7 C:\AdLib eXpress\ Work\radCCF 12.tmp.doc Agenda Item No. 8A October 26,2004 Page 37 of 67 LAND USE SUMMARY TABLE I SYMBOL DESCRIPTION UNITS APPROXlMA TE ACREAGE AG Agriculture *2 482*1 GC Golf Course *2 200*3 R-l Residential 143 110 R-2 Residential 1797 586 R-3 Residential 160 30 CU Community Use 86 U Utility 15 SP School/Park 36 CN Neighborhood (Max. 60,000 22 Commercial S.F, plus motel units) RW Right-of-Way 149.8 LAKE 420 Total 2, I 00 2,136.87*4 NOTE:The projected total unit summary represents one possible residential mix to yield 2,100 units. Should there be an increase of units in any residential category, there would be a corresponding decrease in other categories to maintain a maximum total of 2, 1 00 units, R-I One-half acre lots - single family. R-2 Detached and attached single family, duplex and triplex, cluster homes, zero lot line, villas, patio homes, townhouses, R-3 Cluster homes, zero lot line villas, patio homes, townhouses, garden apartments (2-story max.). * I Includes agricultural reservoirs. *2 Approved breakdown of agriculture and golf course lands. * 3 Includes golf course related lakes. *4 Based on actual survey of acreage. 8 C:\AdLib eXpress\Work\radCCFI 2.tmp.doc ESTIMA TED MARKET ABSORPTION SCHEDULE TABLE II YEAR DWELLING UNIT CUMULATIVE PRODUCTION TOTAL 0 0 2 70 70 3 100 170 4 140 310 5 160 470 6 160 630 7 160 790 8 165 955 9 165 1,120 10 165 1,285 11 165 1,450 12 165 1,615 13 165 1,780 14 160 1,940 15 160 2,100 9 C: IAdLib eXpressl WorklradCCF 12.tmp.doc Agenda Item No. 8A October 26,2004 Page 38 of 67 Agenda Item No. 8A October 26,2004 Page 39 of 67 SECTION III AGRICUL TURAL DEVELOPMENT 3.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the PUD Master Plan, Thomas Lucido & Associates Ref. No. 9020 as AG. 3.02 GENERAL DESCRIPTION The AG District is intended to apply to those areas, the present or prospective use of which is agricultural, pastoral or rural in nature. This district is designed to accommodate both traditional agricultural uses and techniques, and conservation measures where appropriate, and public educational plants and ancillary plants, while protecting the rural areas of the County. The regulations in this district are intended to pennit a reasonable use of the property, while at the same time prevent the creation of conditions which would seriously endanger, damage, or destroy the agricultural base of the County, or environmental resources, potable water supply, or the wildlife resources of the County. To this end, the use of drip-irrigation techniques or any other low volume irrigation, like microjet, shall be implemented for agricultural uses (golf course excepted) in this district. 3.03 PERMITTED USES AND STRUCTURE A. Permitted Principal Uses and Structures: I) Agricultural activities, such as field crops, reservoirs/lakes, orchards, horticulture, fruit and nut production. 2) Educational plants: An "Educational Plant" comprises the educational facilities, site and site improvements necessary to accommodate students, facility, administrators, staff, and the activities of the educational program of each plant that is operated by the Collier County School Board, B. Conditional Uses: 1) Ancillary plants: An "Ancillary Plant" is comprised of the building, site and site improvements necessary to provide such facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide support services to an educational program operated by the Collier County School Board, C. Permitted Accessory Uses and Structures: 10 C:\AdLib eXpress\Work\radCCFI2.tmp.doc --~._,~,->-- Agenda Item No. 8A October 26, 2004 Page 40 of 67 1) Accessory uses and structures which are incidental to and customarily associated with uses permitted in the district. 2) On-site retail sales of farm products primarily grown on the farm. 3) Caretakers residences. D. Permitted Uses/Conditional Uses Requiring Site Development Plan Approval: 1, Packing Houses 2. Public educational plants and ancillary plants E. Development Standards for Educational Plants and Ancillary Plants: 1. In accordance with the Interlocal Agreement between the Board of County Commissioners and the Collier County School Board adopted May 16, 2003, set forth in the LDC or its successor ordinance, 2. Building height shall be a maximum of forty-eight (48) feet for principal structures and thirty-six (36) feet for accessory structures. 3. All required buffers for the School Board's property shall be in place by December 31, 2004. 11 C:IAdLib eXpressIWorklradCCFI2.tmp.doc Agenda Item No. BA October 26, 2004 Page 41 of 67 SECTION IV RESIDENTIAL DEVELOPMENT 4.01 PURPOSE The purpose of this Section is to set forth general regulations for the areas designated on the Master Plan Thomas Lucido & Associates Ref. No. 9020 as Residential (R-I to R-3), 4.02 MAXIMUM DWELLING UNITS A maximum number of 2,100 dwelling units may be constructed on lands designated as Residential (R-I to R-3) except as permitted by Section 2.07. 4.03 GENERAL DESCRIPTION Areas designed as Residential (R-I to R-3) Thomas Lucido & Associates Ref. No. 9020 are designed to accommodate a full range of residential dwelling types, recreational facilities, essential services, customary accessory uses, and compatible land uses such as religious, governmental, and educational facilities provided such uses meet the development standards as set forth in this document. Four residential land use categories have been identified on the Master Plan. The R-l designation includes approximately 110 aces and will accommodate single family development on one-half acre lots. The R-2 designation includes approximately 586 acres and will provide for both conventional detached and attached single family development. The R-3 designation includes approximately 30 acres of low density cluster and multi-family development. 4.04 PERMITTED PRINCIPAL USES AND STRUCTURES R-l · Detached single family homes · Model units · Recreational facilities, parks, lakes and water management facilities R-2 · Detached and attached single family homes · Duplex and triplex units · Cluster homes, zero lot line, villas, patio homes, townhouses · Model units · Recreational facilities, parks, lakes and water management facilities 12 C:\AdLib eXpress\Work\radCCF12.tmp.doc Agenda Item No. 8A October 26,2004 Page 42 of 67 R-3 · Cluster homes, zero lot line, villas, and patio homes · Townhouses · Garden apartments, low rise multi-family · Recreational facilities, parks, lake and water management facilities 4.05 PERMITTED ACCESSORY USES AND STRUCTURES · Accessory uses and structures customarily associated with uses permitted in this district · Essential services and facilities · Guest homes in R-l areas on lots one acre or larger in size 4.06 PERMITTED USES AND STRUCTURES REQUIRING DEVELOPMENT PLAN APPROVAL UNDER SECTION 2.04 · Religious facilities · Civic and cultural facilities · Educational facilities · Private Clubs · Child care centers - owner occupied · Rest homes, foster homes, rehabilitation center, hospices · Other non-residential uses customary in residential districts 4.07 DEVELOPMENT STANDARDS The following Sections set forth the development standards for permitted uses within the subject parcel. a, Standards for landscaping, signs, parking and other land uses not specified herein are to be in accordance with Collier County Zoning Regulations in effect at the time permits are requested, Unless otherwise indicated, setback, height, and floor area standards apply to principal structures. b. Roadway setbacks shall be measured as follows: 1, If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line, 2. If the parcel is served by a private road, setback is measured from the road easement or parcel line. 13 C: \AdLib eXpress\ W ork\radCCF 12. Imp.doc Agenda Item No. 8A October 26,2004 Page 43 of 67 3. If the multi-family parcel is served by a private drive, setback is measured from the back of curb or edge of pavement, whichever is greater. 14 C:IAdLib eXpressl WorklradCCF J 2.tmp.doc 1---- Agenda Item No. 8A October 26, 2004 Page 44 of 67 DEVELOPMENT STANDARDS "R" Residential Areas TABLE III A Permitted Uses R-l Villas, Single Low Rise Standards Detached Patio & Family and Garden R-2 Cluster Attached Apartments Detached Homes Townhouse Minimum Site Area Yz-AC 3000 SF 3000 SF 6000 SF x units Site Width Min, Avg. 120 60 Front Yard Setback 30 20 20 25 25 Side yard Setback 20 o or 1 0 o or 1 0 15 5.5 Rear Yard Setback 25 15 25 30 20 Rear Yard Setback Acsry. 0 0 0 0 5 Max. Building Height 25 25 25 25 25 Dist. Between Principal Str. N/A N/A .5 SBH .5 SBH N/A Floor Area Minimum (S.F). 1200 750 900 750 1000 SITE DEPTH A VERAGE: Determined by dividing the site area by the site width!. SITE WIDTH: The average distance between straight lines connecting front and rear parcel lines at each side of the site, measured as straight lines between the foremost points of the side parcel lines in the front (at the point of intersection with the front parcel line) and the rearmost point of the parcel lines at the rear (point of intersection with the rear parcel line), SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purpose of determining setback requirements, 15 C:\AdLib eXpress\ Work\radCCF 12tmpdoc Agenda Item No. 8A October 26,2004 Page 45 of 67 DEVELOPMENT STANDARDS "R" Residential Areas TABLE III B PERMITTED USES EDUC, CIVIC/ RELIGIOUS PRIVATE OTHER STANDARDS FACILITIES CULTURAL FACILITIES CLUB USES FACILITIES NOT LISTED Minimum Site As determined during the Per County Area process under Section 2,04. Regulations in effect at the Site Width As determined during the time a permit is Min, A vg. process under Section 2.04. requested. Site Depth As determined during the Min. Avg. process under Section 2.04, Front Yard 40 40 40 30 Setback Side Yard 30 30 30 20 Setback Lake Bank 20 20 20 20 Setback Rear Yard 30 or BH 30 or BH 30 or BH 30 Setback Rear yard IO IO IO 10 Setback Acsry. Max Building 25 25 25 25 Height (Ft.) Dist. Between ,5 SBH .5 SBH .5 SBH .5 SBH Principal Str. Floor Area 1000 1000 1000 1000 Minimum (S.F.) 16 C:IAdLíb eXpressIWorklradCCF12.tmp.doc ·_··.··"__.n._'__.._.,,_ Agenda Item No. 8A October 26. 2004 Page 46 of 67 SECTION V CN - COMMERCIALINEIGHBORHOOD 5,01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Thomas Lucido & Associates Ref. No, 9020, as 'CN'. The CN tract is intended to provide residents with conveniently located commercial facilities and services that are typically required on a regular basis, 5.02 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) Antique shops; appliance stores; art studios; art supplies; automobile parts stores; automobile service stations, without major repair; agricultural supply stores. 2) Bakery shops; banks and financial institutions; barber and beauty shops; bath supply stores; blue print shops; bicycle sales and services; book stores. 3) Carpet and floor covering sales (including storage and installation); child care centers; churches and other places of worship; clothing stores; confectionery and candy stores; convenience commercial establishments. 4) Delicatessen; drug stores; dry cleaning shops; dry good stores. 5) Electrical supply stores. 6) Fish stores; florist shops; food markets; furniture stores; furrier shops and fast food restaurants. 7) Gift shops; gourmet shops; 8) Hardware stores; health food stores; hobby supply stores; homes for the aged; hospices. 9) Ice cream stores; ice sales; interior decorating showrooms. 10) Jewelry stores. 17 C: \AdLib eX press\ W ork\radCCF 12.tmp.doc Agenda Item No. 8A October 26,2004 Page 47 of 67 11) Laundries - self - service; leather goods and luggage stores; locksmiths and liquor stores. 12) Meat market; medical office or clinic for human care; millinery shops; motel, hotel and transient lodging; music stores. 13) Office (retail or professional); office supply stores. 14) Park and ride, paint and wallpaper stores; pet shops; pet supply stores; photographic equipment stores; post office. 15) Radio and television sales and services; excluding satellite dishes and antennas; restaurants, including fast foods; small appliance stores; shoe sales and repairs; restaurants, 16) Souvenir stores; stationery stores; supermarkets and sanatoriums. 17) Tailor shops; tobacco shops; toy shops; tropical fish stores. 18) Variety stores; veterinary offices and clinics (no outside kenneling). 19) Watch and precision instrument sales and repair. 20) Water management facilities and essential services, 21) Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA"). B) Permitted Accessory Uses and Structures 1) Accessory uses and structures customarily associated with the uses permitted in this district. 2) Caretaker's residence. 18 C IAdLib eXpressl W orklradCCF] 2. tmp.doc ..._~_._- .. 1 Agenda Item No. 8A October 26, 2004 Page 48 of 67 5.03 DEVELOPMENT STANDARDS A) Minimum Site Area: As approved under Section 2.04~ B) Minimum Site Width: As approved under Section 2.04~ C) Minimum Yard Requirements from parcel boundaries: Abutting non-residential areas: Twenty-five (25) feet. Abutting residential areas: Thirty-five (35) feet in which as appropriately designed and landscaped buffer shall be provided, as determined under Section 2,04, and in which no parking shall be pennitted. D) Distance between principal structures: None, or a minimum of five (5) feet with unobstructed passage from front yard to rear yard. E) Maximum Height of Structures: Twenty-five (25) feet above the finished grade of the site. F) Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor, G) Minimum standards for signs, parking, lighting, and landscaping shall be in confonnance with applicable Collier County regulations in effect at the time permits are sought. H) A maximum of sixty thousand square feet (60,000 s.f.) of leasable commercial building floor area shall be permitted in the CN district, exclusive of motel use. I) No outside display or storage shall be pennitted. J) Maximum density for motel, hotel, and transit lodging shall be 26 units per acre, 19 C:\AdLib eXpress\ Work\radCCF 12.tmpdoc Agenda Item No. 8A October 26, 2004 Page 49 of 67 SECTION VI 'GC' GOLF COURSE 6.01 GOLF COURSE DISTRICT The Golf Course District is intended to provide for an IS-hole gold course within the project. 6.02 PERMITTED LOCATIONS It is recognized that golf courses provide open space for an entire community and serve a variety of functions including important water management functions. Therefore, the Golf Course District shall be a floating use and may be located within the Agricultural or Residential Districts, provided that the density of residential development shall not be substantially effected. 6,03 PERMIITED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, constructed, reconstructed, or structurally altered which is designed, arranged, used or intended to be used or occupied, or land or water used, in whole or in part, upon that portion of the subject parcel designated as Golf Course District for one or more of the following uses: A. Permitted principal Uses and Structures I) Golf Course 2) Racquetball, handball, tennis and other similar types of court(s). 3) Recreation clubs, clubhouse(s), and facilities, including the serving of alcoholic beverages. 4) Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA"). 20 C:\AdLib eXpress\Work\radCCF12.tmp.doc ...,"----~". Agenda Item No. 8A October 26, 2004 Page 50 of 67 B, Permitted Accessorv Uses and Structures 1) Pro-shop, practice driving range, golf learning centers, golf course shelters, and other customary accessory uses of Golf Courses, Tennis Clubs, or other recreational facilities. 2) Non-commercial plant nursery, 3) Maintenance shops and equipment storage. 4) Accessory uses and structures customarily associated with the uses permitted in this District, 5) Snack bars, 6) A maximum of two (2) residential units in conjunction with the operation of the golf course. 7) Small commercial establishments, including gift shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to serve patrons of the golf course(s) or tennis club(s) or other permitted recreational facilities. 6.04 DEVELOPMENT REGULA nONS FOR GOLF COURSE DISTRICT The purpose of this Section is to detail the development regulations for the Golf Course District. A. Maximum Height: - 25' B, Overall site design shall be harmonious in terms of landscaping, locations of structures, locations of access streets and parking areas, and location and treatment of buffer areas. C. Buildings shall be set back a minimum of fifty (50) feet from abutting residential neighborhoods and the setback area shall be landscaped. Tennis courts shall be set back a minimum of five (5) feet from parcel boundaries. D. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare, 21 C\AdLib eXpress\Work\radCCF 12 tmp doc Agenda Item No. 8A October 26,2004 Page 51 of 67 6.05 SITE PLAN APPROVAL REOUIREMENTS A. A plan of the golf course shall be approved in accordance with Section 2.04 prior to construction. B. Plans for all principal and all accessory uses shall be submitted to the Administrator for approval in accordance with Section 2.04. 22 C:\AdLib eXpressIWorklradCCFI2.tmp.doc I -^-- Agenda Item No. 8A October 26.2004 Page 52 of 67 SECTION VII COMMUNITY USE 7,01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, as CU, Community Use. The site includes 55 acres, has been dedicated to Collier County and may be used for the purposes set forth below and shall satisfy the Collier County Comprehensive Plan's park site dedication requirements for this project. An additional 31 acres shall be used for CU by Collier County for the expansion of the Collier County Fair Grounds. 7.02 PERMIITED 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: · Parks and playgrounds · Bicycle, hiking and nature trails · Recreational shelters and restrooms · Recreational fields, sports facilities and courts · Community centers · Restaurant or snack bar in conjunction with recreational activities · Water management facilities and essential services · Collier County Fair Grounds · State of Florida Forestry Department facilities · Fire State Site · Other governmental facilities · Park and ride facilities · Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA"). 7,03 DEVELOPMENT STANDARDS A. Minimum site area: None B. Minimum setback from tract boundaries: 50' C. Minimum setback from road right-of-way: 25' D. Maximum height of structures: 25' (except fire observation tower) E. Minimum distance between buildings: Y2 the sum oftheir heights F. Minimum standards for parking, lighting, signs, and landscaping shall conform with applicable Collier County regulations in effect at the time permits are sought. 23 C:\AdLib eXpressl WorklradCCF 12.tmp.doc ,"',L'<#___'''''''''''''_''''"'',",,''e,",'·'·''''' Agenda Item No. 8A October 26,2004 Page 53 of 67 SECTION VIII 'SP'SCHOOL/PARK 8.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, 'SP' SchoollPark, The SP site includes 25 acres reserved for use as a school site and associated park facilities. This site shall be dedicated to the Collier county Public School District at the convenience to the developer, or when requested by the School District, whichever occurs first. The site shall be provided with potable water and sanitary sewer service in conformance with this documents and all applicable standards and requirements, An additional 11 acres is reserved for use as a community recreational park as shown on the Master Plan. 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: 1) Elementary or middle school and facilities 2) Parks and playgrounds 3) Bicycle, hiking and nature trails 4) Recreational shelters and restrooms 5) Recreational fields, sports facilities and courts 6) Water management facilities and essential services 7) Any other use which is comparable in nature with the foregoing list of permitted principal uses as determined by the Board of Zoning Appeals ("BZA"). 8.03 DEVELOPMENT STANDARDS 1) Minimum Site Area: As approved under Section 2.04 2) Minimum Site Width: As approved under Section 2.04 3) Minimum Yard Requirements: 30' from all 'SP' tract boundaries for principal structures 20' from lake banks 4) Maximum Height: 25' 5) Minimum Floor Area of Principal Structures: One thousand (1000) square feet per building on the first habitable floor. 24 C:\AdLib eXpress\Work\radCCF12.tmp.doc -_.~-- I Agenda Item No. 8A October 26, 2004 Page 54 of 67 6) Distance Between Principal Structures: Yz the sum of the building heights or 30', whichever is greater. Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought. 7) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 8) Prior to development, a development plan for the tract shall be approved in accordance with Section 2.04. 25 C:\AdLib eXpress\Work\radCCF12.tmp.doc Agenda Item No. 8A October 26,2004 Page 55 of 67 ,- SECTION IX GENERAL DEVELOPMENT COMMITMENT~ 9.01 PURPOSE The purpose of this Section is to set forth the general development commitments for the project. 9.02 DEVELOPMENT COMMITMENTS A. ENERGY 1) Construction shall comply with applicable local and state energy codes, 2) Reasonable "good faith" efforts to utilize state-of-the-art energy conservation techniques shall be made with practically and economically feasible, Such techniques may include, but shall not be limited to the following: a. Provision of bicycle racks and/or storage facilities in office and commercial areas and in multi-family residential areas. b. Cooperation in the locating of bus stops, shelters and other passenger and system accommodations when a transit system is developed to serve the project area, c. Use of energy-efficient features in window design (e.g" shading and tinting), d. Use of operable windows and ceiling fans. e. Installation of energy-efficient appliances and equipment. f. Reduced coverage by asphalt, concrete, rock and similar substances in streets, parking lots and other areas to reduce local air temperatures and reflected light and heat. g. Installation of energy-efficient lighting for streets, parking areas, recreation areas and other interior and exterior public areas. h. Selection of native plants, trees and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance and other needs, 26 C:IAdLib eXpresslWorklradCCF] 2,tmpdoc Agenda Item No. 8A October 26, 2004 Page 56 of 67 1, Planting or retention of native shade trees to provide reasonable shade for all recreation areas, streets and parking areas. J. Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. k. Planting or retention of native shade trees for each residential unit. 1. Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize natural cooling effects of the wind. m. Provision for structural shading (e.g., trellises, awnings and roof overhangs) wherever practical when natural shading cannot be used effectively, n, Inclusion of porch/patio areas in residential units. 3) Deed restrictions and other mechanisms shall not prohibit or prevent the use of alternative energy devices such as solar collectors (except when necessary to protect the public health, safety and welfare), B. AIR QUALITY 1) The developer shall comply with applicable codes and apply for required permits relative to air quality, where such permits are required, C. TRANSPORTATION I) Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, or Division 3.15 of the Land Development Code, as amended, 2) The developer shall provide separate left and right turn lanes on Immokalee Road as the project's access if deemed necessary by either the Transportation Operations Director or Transportation Engineer, and shall fund one hundred percent of the capital cost of any traffic signals associated with the ingress and egress when deemed warranted by the County Traffic Operations Engineer. The signal shall be owned, operated and maintained by Collier County. 3) The developer shall bear the entire cost of all traffic signals which may become needed at intersections within the project. 27 C\AdLib eXpress\ Work\radCCF 12.tmp.doc Agenda Item No. 8A October 26, 2004 Page 57 of 67 D, WATER MANAGEMENT 1) A master/conceptual water management system design shall be submitted to and approved by the Water Management Advisory Board prior to the submittal of construction plans to the County Engineer. 2) Detailed water management construction plans shall be submitted for approval to the County Engineering Department prior to commencement of construction, 3) Surface Water Management Permits shall be obtained from the South Florida Water Management District prior to the commencement of development. 4) The water management for the Orangetree project shall implement water quality "best management practices" to the extent possible. 5) An Excavation Permit will be required for the proposed lakes in accordance with Collier County Ordinance No. 80-26, as amended by Ordinance No. 83-3, and as may be amended in the future. 6) Reservoirs/lakes wholly located in agriculturally designated land may vary from typical construction specifications of County Ordinance No. 88-26 as approved by the Board of County Commissioners through the excavation permit process. If the use of the land surrounding the agricultural reservoirs/lakes is ever changed to a use other than agriculture, all areas of the reservoirs/lakes will be required to meet standards specified in the County Excavation Ordinance in effect at that time. E. WATER AND SEWER 1) Water Facilities - Developer shall provide an on-site potable water source and shall construct an on-site potable water treatment plant and distribution system. The system shall be designed and constructed, by phases if desired, to serve all developed portions (agricultural areas excluded) of the project; including flows adequate to provide fire protection. All components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. 2) Sewer Facilities - Developer shall construct an on-site sewage treatment plant and sewage collection and transmission system to serve all developed portions. Treatment plant shall provide treatment levels, pursuant to Chapter 17-6,040{q), Florida Administrative Code, required to allow use of treated effluent in the proposed on-site drip irrigation system. 28 C\AdLib eXpress\ Work\radCCF 12.tmp.doc Agenda Item No. 8A October 26,2004 Page 58 of 67 All components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. During the time that the Developer operates the sewage treatment plant, data required pursuant to County Ordinance No. 80-112 showing the availability of sewage service will be submitted for approval by the Utilities Division prior to approval of the construction documents for the project and for all building penn its required. Copies of the approved DER penn its for the sewage collection and transmission systems and the on-site wastewater treatment facility shall be submitted upon receipt to the Utilities Division. 3) Plans Approval - All construction plans and technical specifications and proposed plans, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. Detailed hydraulic design reports covering the complete water and sewer systems to serve the project will be submitted with the construction documents for the project. These reports shall list all design assumptions, demand rates and other factors pertinent to the systems under consideration. Prior to approval of construction documents by the Utilities Division, the Developer will present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project until the County can provide these services through its water and sewer facilities, Upon completion of construction the water and sewer facilities will be tested to insure they meet Collier County's minimum requirements, a comprehensive inspection of the facilities made by the Utilities Division and record drawings of the facilities filed with the Utilities Division. Any utility entity established to serve or serving the project shall also be bound by these General Development Obligations concerning the provision of water and sewer related utilities to the project. 4) Facilities Ownership and Conveyance - It is understood by Developer that Collier County may, at some future time, desire to serve the project water and sewer services, To that end, Developer freely and voluntarily agrees to convey at no cost all water and sewer treatment plants and distribution/collection and transmission system components to Collier County. Notwithstanding anything herein to the contrary, the County in turn will agree not to make fonnal request to serve the project with water 29 C\AdLib eXpress\ Work\radCCF 12.tmp.doc Agenda Item No. 8A October 26, 2004 Page 59 of 67 or sewer related services until on or after January 1,2001. In that regard, Developer and any interim utility established to serve the Project shall enter into a specific agreement with and acceptable to County which outlines the procedures, covenants, obligations and responsibilities arising from these General Development Obligations concerning the provision of water and sewer related utilities to the project. Once the water/sewer systems have been conveyed to Collier County, any required expansions to the on-site water treatment plant or sewage treatment plant shall be the responsibility of Collier County and shall be accomplished as required to meet project demand, at the expense of Collier County. All required expansions of the water distribution/sewage collection systems shall be the responsibility of the Developer, and shall be designed and constructed to Collier County and State of Florida requirements. On completion of construction, the facilities will be tested to insure they meet Collier County's minimum requirements, at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to appropriate County Ordinances and Regulations in effect at the time of conveyance or transfer is requested, prior to being placed into service. 5) Rights-of-waylEasements - All components of the water and sewer systems that may be conveyed to Collier County including treatment plants, shall be constructed within public rights-of-way or on lands owned or controlled by Developer for which Developer can provide utility easements to Collier County. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be perpetually owned, operated and maintained by the Developer, his assigns or successors, At the time of system conveyance Developer shall provide all required easements. At such time as Collier County discontinues operation of the on-site water or sewer plants, the plant site shall be conveyed back to the developer by applicable statutory deed and site utility easements shall be vacated, except that an easement shall be reserved for any connecting facilities required, pursuant to paragraph 6). 6) Connection to county Water and/or Sewer Facilities - All construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage 30 C:\AdLib eXpress\ Work\radCCF] 2.tmp.doc Agenda Item No. 8A October 26, 2004 Page 60 of 67 treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards, All work related with this activity shall be performed at no cost to the County. Connection to the County's off-site water and/or sewer facilities will be made by the Developer, their assigns or successors at no cost to the County within 120 days after such facilities become available at the project site. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off-site facilities, water and/or sewer lines necessary to make the connection(s), 7) Customers - All customers connecting to the water distribution and sewage collection facilities will be customers of the developer or the interim utility established to serve the project until Collier County makes formal request for dedication of the water and sewer systems. At that time, the customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County. Prior to connection of the project to the County's off-site water and/or sewer facilities, or the County assuming operation and maintenance responsibility for the water and/or sewer systems the Developer~ and/or his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. 8) System Development Charges - During that period of time that the water and sewer utility system is owned, operated and maintained by Developer, Developer may charge a system development charge to each connecting customer in an amount as approved and allowed by the Florida Public Service Commission (PSC). Developer agrees to pay all applicable system development charges or impact fees at the time that building permits are required, pursuant to County ordinances and regulations then in effect. As well, Developer acknowledges that upon connection of the interim facility to the off-site treatment and transmission facilities operated and maintained by the County that all owners of existing properties characterized as new users and subject to the imposition of either a water or sewer impact fee will be required to pay system development charges or impact fees for such new use. On the other hand, buildings, structures, or improvements, either 31 C:\AdLib eXpress\Work\radCCF 12.trnp.doc Agenda Item No. 8A October 26, 2004 Page 61 of 67 existing or which have been issued a building permit for which construction is proceeding in good faith, shall not be required to pay a water or sewer impact fee, whichever the case, if at the time the County formally and of its own volition resolves to provide the Project with water or sewer related services, the Board of Commissioners, in good faith, expressly declares its intention to operate the water or sewer utility treatment facilities as a part of its regional system, or as a stand alone system without an intention to immediately dismantle and disconnect from the existing on-site treatment facilities, Notwithstanding the provisions of this subparagraph 8 a subsequent ordinance of general application, effective at the time of connection of the interim facility to the off-site treatment and transmission facilities operated and maintained by the County which has contrary or differing provisions relative to the imposition of water and/or sewer system development charges or impact fees, shall be construed as superseding the applicable provisions of this subparagraph 8. 9) Developer shall be allowed up to ten (10) temporary private wells and individual sewage disposal systems as areas are developed prior to construction or expansion of the central systems. All such temporary facilities shall comply with applicable state and county regulations and shall acquire required permits. F . ENVIRONMENTAL 1) A site clearing plan shall be submitted to the Environmental Services Department Staff for its review and approval prior to any substantial work on the site, This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. 2) Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan wìll be submitted to the Environmental Services Department Staff for its review and approval. This plan will depict the incorporation of native species and their mix with other species, if any, The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3) All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. 32 C:IAdLib eXpressIWork\radCCF12.tmp.doc Agenda Item No. 8A October 26, 2004 Page 62 of 67 This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Environmental Services Department Staff. 4) If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Environmental Services Department Staff notified. Development will be suspended for a sufficient length of time to enable the Environmental Services Department Staff or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. Environmental Services Department Staff will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. G. EDUCATION 1) The project shall fully mitigate its fiscal impacts by donating a 25 acre parcel to the Collier County Public School District to be utilized as a school site. 2) Future development of the educational facilities within this PUD Zoning District shall be subject to the two Interlocal Agreements between the Board of County Commissioners of Collier County, Florida and the Collier County School Board to establish educational plant and ancillary plant site development review processes. H. FIRE PROTECTION 1) The developer commits to providing a central water system to all residential and commercial facilities which is capable of providing fire flow capacities as required by Collier County. 2) Building heights shall be limited to twenty-five (25) feet for all habitable structures in accordance with Corkscrew Fire District's equipment capabilities. I. FISCAL The developer has agreed to dedicate a school site to the School Board, and to donate fifty-five (55) acres to the County for public use purposes, including the Collier County Fairgrounds, The Developer has also donated $25,000 to the Corkscrew Fire District for equipment on August 3, 1987. These donations shall mitigate the project's fiscal impacts. 33 C: \AdLib eXpress\ W ork\radCCF 12.tmp.doc Agenda Item No. 8A October 26, 2004 Page 63 of 67 9.03 DEVELOPMENT PLAN A. The Master Plan, Thomas Lucido & Associates Ref. No, 9020, is an illustrative preliminary development plan. B. The design criteria and layout illustrated in the Master Plan shall be understood as flexible so that the final design may best satisfy the project and comply with all applicable requirements, C. Minor design changes shall be permitted subject to County staff administrative approval. 9.04 AMENDMENT Amendments of this PUD Document, or of the Master Land Use Plan, shall be accomplished according to the procedures set forth by Collier County for amendments to a planned unit development. 34 C:\AdLib eXpress\Work\radCCF12.tmp.doc ~f-. t _., ~ t iii···-- · ·------ê" ;~¡~ t ~:" -.- hi · .. I!~= ~"'" II ir! :\, \ ,i.. 'Ii!, { . '. '7'>' J.! . \.....L¿/ . ~ f<. ~.. ~ .~ ~ ¡ Hn , t[ /f,C}. HHIII·I.~~ n~ I, II , ¡ . ~ . ¡ EXHIBIT A : ¡¡ ~, -- i ;! !Hm f· ~iL... ti : ¡Ef!£ :¿ ~rhr¡ {- I¡i'", :~ gqí! 1:j ~;ÌI:i l:¡ ~rls:7:~ F :il~; . ñ·;~i- iJl. · :¡ . ! · · ¡¡ ~ · I \q ..:~" ~ 1: ~ ,. '" 2 IG ~ . ... fa ,¿ ¡ ! ,. ¡¡ ~ . ! ~ r"~eg¡;~/,\ ' S ª ¡;¡; ~ 2 i s ~ :L , ~,3 ~ ~ ¡ - - ~ ~ ~ I-! 'j> ~ ~ ~ ~ E _ r; "'Q6 IE!!::( ž ~ ¡ 1( " . .. 1; i'~ ~'\ ' t~~ æ: ,,\, kl adCCFJ2.tmp,doc C:IAdLib eXpresslWor r 35 No 8A Agenda Ite~6 2'004 October 64 of 67 Page I g,..: t ! , I Ii i - If 1 ! Î ~I n L i - = i! r f : IB t .1 ~ · . ¡; . ¡; I ! e ! ! -1 <! . - £i ~ ~ !~ i i t ,- a ~ ~ ! I ~ ,..Sf·pi ~':"q - f~ ~ . !~ f ð ! I . í;l i II~ Agenda Item No. 8A October 26, 2004 Page 65 of 67 EXHIBIT B LEGAL DESCRIPTION ORANGETREEPUD THIS PARCEL CONTAINS APPROXIMA TEL Y 2, I 36 .87 ACRES AND IS PLATTED AS NORTH GOLDEN GA TE AND RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AS FOLLOWS: UNIT] PLAT BOOK 9 PAGES] 2-28 UNIT 2 PLAT BOOK 9 PAGES 39-43 UNIT 3 PLAT BOOK 9 PAGES ]25-142 UNIT 4 PLAT BOOK 9 PAGES 53-64 UNIT 5 PLAT BOOK 9 PAGES 65-72 UNIT 6 PLAT BOOK 9 PAGES 74-78 UNIT 7 PLAT BOOK 9 PAGES 85-97 LESS AND EXCEPT THE FOLLOWING DESCRIBED LANDS: THREE PARCELS OF LAND LOCATED]N SECTIONS 13, ]4 AND 24, TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND SECTIONS] 8 AND 19, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCELl COMMENCE AT THE SOUTHEAST CORNER OF SECTION] 3, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 88°50'06" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION ]3 FOR A DISTANCE OF 2,68 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE RUN NORTH 00°30'] ]" WEST FOR A DISTANCE OF 50.0] FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF OIL WELL ROAD (C.R.858) AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SOUTH 88°50'05" WEST, ALONG SAID NORTH RIGHT OF WAY LINE FOR A DISTANCE OF 2,677.95 FEET; THENCE RUN SOUTH 89°35'35" WEST, ALONG SAID NORTH RIGHT OF WAY LINE FOR A DISTANCE OF 1,051.57 FEET TO A POINT ON THE EAST LINE OF A 150 FEET WIDE NORTH-SOUTH DRAINAGE EASEMENT RECORDED IN OFFICIAL RECORD BOOK] 433 A T PAGES 509 THROUGH 5] 7 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00°29'46" WEST, ALONG SAID EAST LINE FOR A DISTANCE OF 4,] 73,91 FEET TO A POINT HEREINAFTER REFERED TO AS POINT "B", THE SAME BEING A POINT ON THE SOUTH LINE OF A ]50 FOOT WIDE CANAL MAINTENANCE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1322 AT PAGE ]903 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89°33'04" EAST, ALONG SAID SOUTH LINE FOR A DISTANCE OF 3,729,66 FEET TO A POINT ON THE WEST LINE OF NORTH GOLDEN GATE CANAL, (AN 80 FOOT WIDE RIGHT OF WAY); THENCE RUN SOUTH 00°29'30" EAST, ALONG SAID WEST LINE FOR A DISTANCE OF 4,]41.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 356.387 ACRES, MORE OR LESS. TOGETHER WITH PARCEL II COMMENCE· AT THE HEREINABOVE DESCRIBEIPOINT "B" THE SAME BEING THE NORTHEAST CORNER OF A 150 FOOT WIDE NORTH-SOUTH DRAINAGE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1433 AT PAGES 509 THROUGH 5]7 OF THE PUBLIC RECORDS OF COLLIER COUNTY, 36 C:\AdLib eXpress\Work\radCCF12.tmp.doc Agenda Item No. 8A October 26, 2004 Page 66 of 67 FLORIDA; THENCE RUN SOUTH 89°33'04" WEST, ALONG THE NORTH LINE OF SAID NORTH-SOUTH DRAINAGE EASEMENT FOR A DISTANCE OF ] 50.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HERE]N DESCRIBED; THENCE RUN SOUTH 00°29'46" EAST, ALONG THE WEST LINE OF SAID NORTH-SOUTH DRA]NAGE EASEMENT FOR A DISTANCE OF ] ,820.00 FEET; THENCE RUN SOUTH 89°33'05" WEST FOR A DISTANCE OF ],463.4] FEET TO A POINT ON THE WEST LINE OF SECTION 13, TOWNSH]P 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE CONTINUE SOUTH 89°33'05" WEST FORA DISTANCE OF ],0]8.80 FEET; THENCE RUN NORTH 00°29'30" WEST FOR A DISTANCE OF 1,427.55 FEET TO A POINT ON THE SOUTHERLY LINE OF A ] 50 FOOT WIDE CANAL MAINTENANCE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1322 AT PAGE ]903 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 74°32'31" EAST, ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF ] ,063.68 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 13; THENCE CONTINUE NORTH 74°32'31" EAST, ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF 451.69 FEET; THENCE RUN NORTH 89°33'04" EAST, ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF ],0]8.10 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 97.] 13 ACRES, MORE OR LESS. TOGETHER WITH PARCEL III COMMENCE· AT THE HEREINABOVE DESCRIBErJ>OINT "An; THENCE RUN SOUTH 00°24'57" EAST FOR A DISTANCE OF 50.0] FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF OIL WELL ROAD (C.R.858), THE SAME BE]NG A POINT ON THE WEST LINE OF NORTH GOLDEN GATE CANAL, (AN 80 FOOT WIDE RIGHT OF WAY) AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED THENCE RUN SOUTH 00°29'] 8" EAST, ALONG SAID WEST LINE FOR A DISTANCE OF 920.94 FEET TO A POINT ON THE EAST LINE OF SECTION 24, TOWNSH]P 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE CONTINUE SOUTH 00°29'18" EAST, ALONG SAID WEST LINE, FOR A DISTANCE OF 1,8] 9.06 FEET; THENCE RUN SOUTH 89°30'46" WEST FOR A DISTANCE OF 4.33 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24; THENCE CONTINUE SOUTH 89°30'46" WEST FOR A DISTANCE OF 395.66 FEET;; THENCE RUN NORTH 58°3]'29" WEST FOR A DISTANCE OF ],010.00 FEET; THENCE RUN NORTH 88°17'01" WEST FOR A DISTANCE OF 645.91 FEET; THENCE RUN SOUTH 81 °45'31" WEST FOR A DISTANCE OF 230.00 FEET; THENCE RUN NORTH 47°05'10" WEST FOR A DISTANCE OF 686.83 FEET; THENCE RUN NORTH 3] °29'29" WEST FOR A DISTANCE OF 300.00 FEET; THENCE RUN NORTH 50°28'29" WEST FOR A DISTANCE OF 630.00 FEET; THENCE RUN NORTH 39°58'29" WEST FOR A DISTANCE OF 255.00 FEET; THENCE RUN NORTH 00°24'25" WEST FOR A DISTANCE OF 850.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF OIL WELL ROAD (C.R.858); THENCE RUN NORTH 89°35'36" EAST, ALONG SAID SOUTH R]GHT OF WA Y LINE, FOR A DISTANCE OF 749.99 FEET; THENCE RUN NORTH 88°50'07" EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, FOR A DISTANCE OF 2,677.38 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HERE]N DESCRIBED, CONTAINING 162.431 ACRES, MORE OR LESS. LESS AND EXCEPT A PORTION OF THE HEREINABOVE DESCRIBED PARCEL I (DRAWING: B- 2754-A) A PARCEL OF LAND LOCATED IN THE SOUTH I/2 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST I/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00°47'09" WEST, ALONG THE EAST LINE OF THE SOUTHWEST I/4 OF SAID SECTION 13, FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTH RIGHT-OF - WAY LINE OF OIL WELL ROAD (COUNTY ROAD 858), A 100 FOOT WIDE RIGHT-OF-WAY, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SOUTH 89°35'35" WEST, ALONG SAID NORTH RIGHT-OF-WAY 37 C:\AdLib eXpress\ Work\radCCF 12.tmp.doc Agenda Item No. 8A October 26,2004 Page 67 of 67 LINE, FOR A DISTANCE OF 1,05].57 FEET; THENCE RUN NORTH 00°29'46" WEST FORA DISTANCE OF 1,0]6.90 FEET; THENCE RUN NORTH 89°30']4" EAST FOR A DISTANCE OF ],778.74 FEET TO A POINT ON A C]RCULAR CURVE, CONCAVE WEST, WHOSE RADIUS POINT BEARS SOUTH 50°56'33" WEST, A DISTANCE OF 25.00 FEET THEREFROM; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 38°57']0", SUB TENDED BY A CHORD OF ]6.67 FEET AT A BEARING OF SOUTH ]9°34'52" EAST, FOR A DISTANCE OF ]7.00 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 00°06']7" EAST FOR A DISTANCE OF ]29.08 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EAST; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 360.00 FEET, THROUGH A CENTRAL ANGLE OF 37°20'49", SUBTENDED BY A CHORD OF 230.53 FEET AT A BEARING OF SOUTH 18°46'42" EAST, FOR A DISTANCE OF 234.66 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 37°27'06" EAST FOR A DISTANCE OF 48,89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WEST; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HA V]NG A RADIUS OF 190.00 FEET, THROUGH A CENTRAL ANGLE OF 37°32'05", SUBTENDED BY A CHORD OF ]22.26 FEET AT A BEARING OF SOUTH 18°41'04" EAST, FOR A DISTANCE OF ]24.47 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 00°04'59" WEST FOR A DISTANCE OF 444.49 FEET; THENCE RUN SOUTH 44°27'32" WEST FOR A DISTANCE OF 64.33 FEET TO A POINT ON THE NORTH RiGHT-OF-WAY LINE OF SAID OIL WELL ROAD; THENCE RUN SOUTH 88°50'05" WEST, ALONG SAID NORTH RIGHT-OF - WAY LINE, FOR A DISTANCE OF 821.73 FEET TO THE POINT OF BEGINNING; CONTAINING 43.664 ACRES, MORE OR LESS. 38 C\AdLib eXpress\ Work\radCCF 12.tmp.doc Agenda Item No. 88 October 26,2004 Page 1 of 92 EXECUTIVE SUMMARY PUDZ-03-AR-4150, Wayne Arnold, representing Bryan W. Paul, requesting to rezone 616 acres of tbe Orangetree Planned Unit Development (PUD) to a new PUD to be known as the Orange Blossom Rancb PUD permitting a maximum of 1,600 dwelling units; 200,000 square feet of commercial uses allowed in C-l tbru C-5 zoning districts; and, a ±90-acre community facility tract permitting recreational uses, government offices, scbools, child care centers, and commercial excavation. The property is located on the nortb and south sides of Oil Well Road (C.R. 858) and approximately one mile east oflmmokalee Road (C.R. 846) in Sections 13,14, and 24, Township 48S, Range 27E. Companion Item: PUDA-03-AR-4227 OBJECTIVE: This petition seeks a rezone from Planned Unit Development (PUD) to PUD as noted above and to ensure 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 proposed project is irregularly shaped and is currently located within the Orangetree PUD. The petitioner wishes to rezone a portion of this PUD (616 acres) to create a new PUD to be known as the Orange Blossom Ranch PUD in order to develop a mixed-use development consisting of 1,600 dwelling units at a gross density of 2.6 dwelling units per acre. This mixed-use project will also provide community shopping and office development, which is intended to serve the surrounding area. The main access will be from Oil Well Road, 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. - PUDZ-03-AR-4150, Orange Blossom Ranch 1 '-"- _.""....'"_....._._..~-". Agenda Item No. 88 October 26, 2004 Page 2 of 92 GROWTH MANAGEMENT IMP ACT: The subject property is designated Agricultural/Rural - Settlement Area District, as identified on the Future Land Use Map in the Golden Gate Area Master Plan (GGAMP) of the Growth Management Plan (GMP). In settlement of a lawsuit pertaining to the permitted uses of this property, the Settlement Area has been "vested" for the types of land uses specified in that certain "PUD" by Settlement Zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January 1986. Twenty-one hundred (2,100) dwelling units and twenty-two (22) acres of neighborhood commercial uses and hotel/motel use are "vested", The Settlement Area is now known as the Orange Tree PUD and the types of uses permitted include residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational uses, and essential service uses. By its designation in the GMP and the GGAMP as Settlement Area, the Plan recognizes the subject property as an area which, while outside of the Urban Designation, is appropriate for the following types of uses: residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational, and essential services. Future zoning changes to add dwelling units or commercial acreage within the geographic boundaries of the Settlement Area will not be prohibited or discouraged by reason of the above-referenced vested status, The Settlement Area Land Use District is limited to the area described in the staff report and shall not be available as a land use district for any other property in the County." The subject site was originally platted in the late 1960s/early 1970s and was known as North Golden Gate (NGG). It was designated Urban on the future land use map, and contained multiple zoning districts. In 1981, the Future Land Use Map was amended to designate the subject area as Rural. In 1982, the Board of County Commissioners (BCC) rezoned the property to A-I, Agricultural, which permitted a variety of agricultural uses, and one dwelling unit per acre as an accessory use. Subsequently, the property owner filed a lawsuit against Collier County based on vesting claims. On January 27, 1986. the property owner and BCC executed a "Settlement and Zoning Agreement" that included a rezoning of the property to "PUD by Settlement." The County agreed to that rezoning "based on its finding that the proposed project would have far less impact on county and regional facilities and the environment than the original North Golden Gate subdivision." The "Zoning and Development Document" (now known as the Orangetree PUD document) allowed 2,100 dwelling units on 826 acres; 22 acres of commercial development; 1,600 acres of agricultural uses; a 200-acre golf course - allowed within the Agricultural or Residential areas; and, 95 acres of community uses [fairgrounds, school, park, utility, etc.]. Also, the Residential area allowed, subject to site development plan approval, churches, schools, civic and cultural facilities, private clubs, owner-occupied childcare centers, rest homes, foster homes, hospice, and rehabilitation centers. .,_.,'" On April 8, 1986, the Florida Department of Community Affairs (DCA), in response to applications filed by the landowner, rendered a Binding Letter of Interpretation of Vested Rights StatuslBinding Letter of Interpretation of Modification to a DRI Impact With Vested RightsN ested Rights Status Notification. The Binding Letter included these findings, conclusions and order: The developer had vested rights to develop the original NGG subdivision; The NGG constituted a DR!; The changes to that vested DRI development plan, as depicted in the "Zoning and Development Document" approved by Collier County (nIk/a Orangetree PUD), would result in substantially less development than the NGG vested development plan, and would result in a reduction of regional impacts; "As those changes described in your application for this letter have been approved by local government and incorporated PUDZ-03-AR-4150, Orange Blossom Ranch 2 Agenda Item No. 88 October 26,2004 Page 3 of 92 into a new development order [Orangetree PUD], they constitute the vested plan of development for North Golden Gate and must be followed by you;" "If any further changes are proposed to this project, they should be submitted by you to this agency [DCA] so that they may be compared together with their impacts to the plan now found to be vested in this letter [Orangetree PUD];''''Therefore, all future changes to this modified development plan should be brought to the attention of this agency. In 1987, the BCC amended the FLUE and Map to designate the subject property "Vested Area II." (The "settlement and zoning agreement" stated the County would change the designation to something other than Urban.) The FLUE provision included a list of the permitted uses, and referenced the "Zoning and Development Document" (PUD). The listed permitted uses included: agricultural uses and related facilities; residential uses - maximum of2,100 dwelling units and maximum height of two stories; neighborhood commercial and hotel/motel uses, not to exceed 22 acres; golf course, parks, playgrounds, and similar recreation and open space uses; community facilities, such as fairgrounds site, agricultural extension station, fire and police stations; educational facilities, religious facilities, governmental activities, and child care center; essential services. In 1989, with the adoption of the Growth Management Plan, the Settlement Area was designated AgriculturallRural - Settlement Area in the FLUE. The same list of permitted uses from the previous comprehensive plan, and reference to the "Zoning and Development Document," was included. In 1991, the GGAMP was adopted; it maintained the AgriculturallRural - Settlement Area designation, the same list of permitted uses, and reference to the "Zoning and Development Document." In 1991, the PUD by Settlement (Orangetree PUD) was amended by Ordinance No. 91-43. Changes included: correct error in total site acreage, reducing it trom 2,798 to 2,752.8 acres; delete one Residential classification; increase/decrease the number of dwelling units and acreage in the remaining three Residential classifications, but maintain the total approved dwelling units at 2,100; decrease Agricultural acreage; increase acreage for Community Use by converting 31 acres from Agriculture to Community Use for fairgrounds expansion; increase SchoollPark acreage by designating 11 acres within the Residential area as School/Park site to reflect a park site that had been previously approved by a site development plan, as allowed within the Residential area; increase Right-of-Way and Lake acreages substantially; modify certain residential development standards; add reservoirs/lakes as a permitted use in the Agricultural classification; add provision that precludes Collier County from requesting conveyance of the water and sewer facilities prior to January 1, 2001; and, make corresponding changes to PUD Master Plan. It is unknown for certain but appears that DCA was not consulted about these changes; however, there were no increases in the major DRI threshold determinants (# ofDUs and amount of commercial development). ......... In 1997, the County adopted the Evaluation and Appraisal Report-based amendments to the GMP. Changes to the Settlement Area included deleting the list of permitted uses and intensity thresholds, while maintaining reference to the "Zoning and Development Document." Subsequently, two priva~e sector-initiated amendments to this District were approved (2001 and 2003). The purpose of the first amendment was to clarify allowed uses; the second was to clarify the ability to increase the use intensity beyond that which is "vested" (2,100 dwelling units and 22 acres of neighborhood commercial). The Settlement Area District allows land uses "vested" in 1986; these include 2,100 DUs and 22 acres/60,000 square feet (plus hotel/motel use) of commercial development. The District identifies the types of uses allowed in the Orangetree PUD - residential, commercial, community uses, etc. - but does not identify intensity thresholds; however, the District does reference the PUD, which includes those thresholds. But, the District states: "Future zoning changes to add dwelling units or commercial acreage within the geographic boundaries of this District will not be prohibited or PUDZ-03-AR-4150, Orange Blossom Ranch 3 Agenda Item No. 88 October 26,2004 Page 4 of 92 discouraged by reason of the above-referenced vested status." Since the District does not include development intensity thresholds, and specifically provides that more dwelling units and commercial acreage may be added beyond that which the site is "vested" for, the proposed commercial and residential uses and intensities/densities may be found consistent with the GGAMP. Based upon the Rural Settlement Area District language, it is clear that, by omission, industrial land uses are not permitted within the District; further, industrial land uses are not presently "vested" in the District. Therefore, staff is of the opinion that the proposed residential uses and density, community facility and open space uses, and commercial uses, may be deemed consistent with the Rural Settlement Area District in the GGAMP. In addition, all industrial uses (within the Commercial/Office Area) may not be deemed consistent with the Rural Settlement Area District in the GGAMP. ENVIRONMENTAL ISSUES: The Environmental staff has reviewed the project's application and has waived the requirement for the petitioner to submit an Environmental Impact Statement (EIS) because the entire site has been cleared for agricultural purposes. ENVIRONMENTAL ADVISORY COUNCIL (RAC) RECOMMENDATION: ,-- 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 October 7, 2004. A motion by Commissioner Strain to forward petition PUDZ-03-AR-4l50 to the BCC with a recommendation of approval was accepted by a vote of 8 to O. The recommendation of approval is subject to staff stipulations. The CCPC also voted to include revisions to the PUD Document to add dry cleaners and coin operated laundries as permitted uses. They also added a requirement for a minimum of 10 percent open space within the Commercial Tract and to require that the project be subject to the sunset provisions as provided for in the Land Development Code, Other changes included revisions to the transportation commitments as approved by the Transportation Services Division and to permit interim potable water and wastewater systems as approved by the Public Utilities Division. The Planning Commissioners found this petition to be consistent with the GMP and compatible with the surrounding land uses, A representative from the Collier County School Board requested that the Planning Commission recommend that public schools be permitted in the residential designated lands. The CCPC recommended that public schools (no bus barns) are a permitted use in the residential area along the north side of Oil Well Road, Because one person spoke in opposition to this petition, this petition could not be placed on the summary agenda. -- PUDZ-03-AR-4150, Orange Blossom Ranch 4 Agenda Item No. 88 October 26, 2004 Page 5 of 92 STAFF RECOMMENDATION: Staff recommends approval of Petition PUDZ-03-AR-4150 subject to: the Developer reserving an area for road right-of way-purposes of up to 100' in width along the project's entire frontage on Oil Well Road, the maximum gross leasable area for commercial uses being limited to 200,000 square feet, the maximum number of dwelling units not to exceed 1,600, easements being provided to Collier County Utilities for five separate well field locations, and the regulations contained into the PUD Document as otherwise described by the amending Ordinance included in this Executive Summary. PREPARED BY: Raymond V, Bellows, Manager Department of Zoning & Land Development Review .,'.;'...-.... PUDZ-03-AR-4150, Orange Blossom Ranch 5 Itom Number Item Summ.ry Meeting Date Agenda Item No. 88 October 26. 2D04 Page 6 of 92 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 88 This item requires that aU participants be sworn in and e)(-parte disciosure be provided by Commission members. PUDZ-034AR-4150, Wayne Arnold, representing Bryan W Paul. requesting 10 rezone 616 acres of the Orangetree Planned Unit Development (PUD) Ie a new PUD to be known as !tle Orange Blo5!50m Ranch PUD permilting a maximum of Î ,600 dwelling units: 200,000 square ¡eel of commercial uses allowed in C·1 thru C-5 zoning districts; and, a +90-acre cornm~lnlty facility trac.1 permItting recreational uses, government Qffices. schools, child care centers, and commercia! excavation. The property is located an the north and SQuth sides of Oil Well Road (C.R 658) and approximately one nlile east of Immokalee Road (C.R. 846) in Sections 13 14, and 24, Township 485, Rar1ge 27E Companion Item: PUDA·03·AR·422ì 10126/2004 9:DO:00 AM Prepared By Chief Plannc:r 10114/200411:03:19 AM Ray Bellows Community Development & Environmental Services Date Zoning & Land Development Review Dat~ Approved By Sandra Lea Community Development & Environmental Services Exec.utive Secretary Community Development & Environmental Services Admin. 10/14120042:56 PM Constance A. JohnsDn Date Approved By Community Development & Environmental Services Operations Analyst Community Deve.lopment & Environmental Services Admin. 10115J2004 9:26 AM Dot. Approved By Joseph K. Schmitt Community Development & EnvirDnmental Services Community Development & Environmental Services AdmÎnstrator Community Development & Environmental Services Admin. 10/15120041:06 PM Administrative Assistant Date Approved By Pat Lehnhard County Manager's Office onîce of Management & Budget 10/15120041:47 PM Mark Isackson Budget Analyst DJote Approved By County Maoager's Office Office of Man;¡gel11ent & Budget 10/1 BI2004 11:56 AM Approved By Michael Smykowskl County Manager's Office Management & Budget Director Date Offlw of Manageme-nt & Budget 10/16/200412:52 PM County Manager Date Approved By James V. Mudd Board of County Commissionen;¡ County Manager's Office: 10/19'200412:30 PM --"-r Agenda Item No. 88 October 26,2004 Page 7 of 92 ST AFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES HEARING DATE: OCTOBER 7, 2004 RE: PETITION NO: PUDZ-03-AR-4150, ORANGE BLOSSOM RANCH COMPANION ITEM: PUDA-03-AR-4227, ORANGETREE PUD OWNER/AGENT: Agent: Wayne Arnold Owner: Q. Grady Minor & Associates, p, A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bryan W, Paul P,O. Box 2357, Highway 78-A Labelle, Florida 33935 REQUESTED ACTION: To have the Collier County Planning Commission consider an application to rezone 616 acres of the Orangetree Planned Unit Development (PUD) to a new PUD to be known as the Orange Blossom Ranch PUD permitting a maximum of 1,600 dwelling units; 200,000 square feet of commercial uses allowed in C-I thru C-5 zoning districts; and, a ±90-acre community facility tract permitting recreational uses, government offices, schools, child care centers, and commercial excavation. GEOGRAPHIC LOCATION: The property is located on the north and south sides of Oil Well Road (C.R. 858) and approximately one mile east of Immokalee Road (C.R. 846) in Sections 13, 14, and 24, Township 48S, Range 27E. (See location map on the following page. A copy of the Master Plan for the subject site follows the location map), PURPOSEfDESCRIPTION OF PROJECT: The subject site is irregularly shaped and is currently located within the Orangetree PUD, The petitioner wishes to rezone a portion of this PUD (616 acres) to the Orange Blossom Ranch PUD in order to allow a mixed-use development consisting of 1,600 dwelling units at a gross density of 2.6 dwelling units per acre. This mixed-use project will also provide community shopping and office development, which is intended to serve the surrounding area. The main access will be from Oil Well Road. PUDZ-03-AR-4150, Orange Blossom Ranch Agenda Item No. 88 October 26, 2004 Page 8 of 92 SURROUNDING LAND USE AND ZONING: Surrounding: North -Vacant farmland and zoned Orangetree PUD. East - Developed single-family and zoned Estates (E). South -Golf Course and residential and zoned Orangetree PUD West- High School and residential that is zoned Orangetree PUD GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Agricultural/Rural - Settlement Area District, as identified on the Future Land Use Map in the Golden Gate Area Master Plan (GGAMP) of the Growth Management Plan (GMP). The Settlement Area District consists of Sections 13, 14,23 and 24, and a portion of22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, the Settlement Area has been "vested" for the types of land uses specified in that certain "PUD" by Settlement Zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1986. Twenty-one hundred (2,100) dwelling units and twenty-two (22) acres of neighborhood commercial uses and hotel/motel use are "vested". The Settlement Area is now known as the Orange Tree PUD and the types of uses permitted include residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational uses, and essential service uses. PUDZ-03-AR-4150, Orange Blossom Ranch 2 Agenda Item No. 88 October 26, 2004 Page 9 of 92 By its designation in the GMP and the GGAMP as Settlement Area, the Plan recognizes the subject property as an area which, while outside of the Urban Designation, is appropriate for the following types of uses: residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational, and essential services. Future zoning changes to add dwelling units or commercial acreage within the geographic boundaries of the Settlement Area will not be prohibited or discouraged by reason of the above- referenced vested status. The geographic expansion of the Settlement Area to additional lands outside the areas covered by Sections 13, 14, 23 and 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), shall be prohibited. The Settlement Area Land Use District is limited to the area described above and shall not be available as a land use district for any other property in the County." The subject site was originally platted in the late 1960s/early 1970s and was known as North Golden Gate (NGG). It was designated Urban on the future land use map, and contained multiple zoning districts (single family, multi-family, commercial, industrial, community use [school, park, utility], golf course). Land clearing, excavation, grading and other physical development activities were commenced. In 1981, the Future Land Use Map was amended to designate the subject area as Rural. In 1982, the Board of County Commissioners (BCC) rezoned the property to A-I, Agricultural, which permitted a variety of agricultural uses, and one dwelling unit per acre as an accessory use. Subsequently, the property owner filed a lawsuit against Collier County based on vesting claims. On January 27, 1986, the property owner and BCC executed a "Settlement and Zoning Agreement" that included a rezoning of the property to "POD bv Settlement." The County agreed to that rezoning "based on its finding that the proposed project would have far less impact on county and regional facilities and the environment than the original North Golden Gate subdivision," The "Zoning and Development Document" (now known as the Orangetree PUD document) allowed 2, I 00 dwelling units on 826 acres; 22 acres of commercial development; 1,600 acres of agricultural uses; a 200 acre golf course - allowed within the Agricultural or Residential areas; and, 95 acres of community uses [fairgrounds, school, park, utility, etc.]. Also, the Residential area allowed, subject to site development plan approval, churches, schools, civic and cultural facilities, private clubs, owner- occupied childcare centers, rest homes, foster homes, hospice, and rehabilitation centers. On April 8, 1986, the Florida Department of Community Affairs (DCA), in response to applications filed by the landowner, rendered a Binding Letter of Interpretation of Vested Rights Status/ Binding Letter of Interpretation of Modification to a DRI Impact With Vested RightsNested Rights Status Notification. The Binding Letter included these findings, conclusions and order: · The developer had vested rights to develop the original NGG subdivision; · The NGG constituted a DRI; · The changes to that vested DR! development plan, as depicted in the "Zoning and Development Document" approved by Collier County (n/k/a Orangetree PUD), would result in substantially less development than the NGG vested development plan, and would result in a reduction of regional impacts; · "As those changes described in your application for this letter have been approved by local government and incorporated into a new development order [Orangetree PUD], they constitute the vested plan of development for North Golden Gate and must be followed by you;" · "If any further changes are proposed to this project, they should be submitted by you to this agency [DCA] so that they may be compared together with their impacts to the plan now found to be vested in this letter [Orangetree PUD];" PUDZ-03-AR-4150, Orange Blossom Ranch 3 Agenda Item No. 88 October 26, 2004 Page 10 of92 · "Therefore, all future changes to this modified development plan should be brought to the attention of this agency. , In 1987, the BCC amended the FLUE and Map to designate the subject property "Vested Area II." (The "settlement and zoning agreement" stated the County would change the designation to something other than Urban.) The FLUE provision included a list of the permitted uses, and referenced the "Zoning and Development Document" (PUD). The listed permitted uses included: agricultural uses and related facilities; residential uses - maximum of 2, I 00 DUs and maximum height of two stories; neighborhood commercial and hotel/motel uses, not to exceed 22 acres; golf course, parks, playgrounds, and similar recreation and open space uses; community facilities, such as fairgrounds site, agricultural extension station, fire and police stations; educational facilities, religious facilities, governmental activities, and child care center; essential services. In 1989, with the adoption of the Growth Management Plan, the Settlement Area was designated Agricultural/Rural- Settlement Area in the FLUE. The same list of permitted uses ITom the previous comprehensive plan, and reference to the "Zoning and Development Document," was included. In 1991, the GGAMP was adopted; it maintained the Agricultural/Rural - Settlement Area designation, the same list of permitted uses, and reference to the "Zoning and Development Document." In 1991, the PUD by Settlement (Orangetree PUD) was amended by Ordinance No. 91-43. Changes included: correct error in total site acreage, reducing it from 2,798 to 2,752.8 acres; delete one Residential classification; increase/decrease the number of dwelling units and acreage in the remaining three Residential classifications, but maintain the total approved dwelling units at 2, I 00; decrease Agricultural acreage; increase acreage for Community Use by converting 31 acres from Agriculture to Community Use for fairgrounds expansion; increase SchoollPark acreage by designating II acres within the Residential area as SchoollPark site to reflect a park site that had been previously approved by a site development plan, as allowed within the Residential area; increase Right-of-Way and Lake acreages substantially; modify certain residential development standards; add reservoirs/lakes as a permitted use in the Agricultural classification; add provision that precludes Collier County from requesting conveyance of the water and sewer facilities prior to January I, 2001; and, make corresponding changes to PUD Master Plan. It is unknown for certain but appears that DCA was not consulted about these changes; however, there were no increases in the major DRl threshold determinants (# ofDUs and amount of commercial development). In 1997, the County adopted the Evaluation and Appraisal Report-based amendments to the GMP. Changes to the Settlement Area included deleting the list of permitted uses and intensity thresholds, while maintaining reference to the "Zoning and Development Document." Subsequently, two private sector-initiated amendments to this District were approved (2001 and 2003), The purpose of the first amendment was to clarify allowed uses; the second was to clarify the ability to increase the use intensity beyond that which is "vested" (2, I 00 dwelling units and 22 acres of neighborhood commercial). The Settlement Area District allows land uses "vested" in ] 986; these include 2, I 00 DUs and 22 acres/60,000 square feet (plus hotel/motel use) of commercial development. The District identifies the types of uses allowed in the Orangetree PUD - residential, commercial, community uses, etc. - but does not identify intensity thresholds; however, the District does reference the POD, which includes those thresholds. But, the District states: "Future zoning changes to add dwelling units or commercial acreage within the geographic boundaries of this District will not be prohibited or discouraged by reason of the above-referenced vested status." Since the District does not include development intensity thresholds, and specifically provides that more dwelling units and commercial acreage may be added beyond that which the site is "vested" for, PUDZ-03-AR-4150, Orange Blossom Ranch 4 Agenda Item No. 88 October 26, 2004 Page 11 of 92 the proposed commercial and residential uses and intensities/densities may be found consistent with the GGAMP. Based upon the Rural Settlement Area District language, it is clear that, by omission, industrial land uses are not permitted within the District; further, industrial land uses are not presently "vested" in the District. Therefore, staff is of the opinion that: I. The proposed residential uses and density, community facility and open space uses, and commercial uses, may be deemed consistent with the Rural Settlement Area District in the GGAMP. 2. All industrial uses (within the Commercial/Office Area) may not be deemed consistent with the Rural Settlement Area District in the GGAMP, Transportation Element: The Transportation Department has reviewed the applicant's Traffic Impact Statement (TIS) and has determined that the project will generate approximately 21,212 A verage Daily Traffic at the build-out of the project. However, many of the shopping and business trips that will be generated by the neighboring residential developments will likely be attracted to the proposed retail and office uses, rather than to similar uses along Immokalee Road. Because these trips will not use Immokalee Road, they are deemed to be "captured" trips for a large development instead of primary trips, As a result the PM Peak Hour trips are reduced iTom 2,049 to 1,365 PM Peak Hour Trips. The Level of Service (LOS) analysis indicates that the adjacent roadway network is projected to remain with the minimum adopted LOS standards in 2015 with the project traffic added. The TIS indicates that several roadway links will be significantly impacted (traffic volumes greater than 3 percent of the standard) by this project by 2015. However, the LOS will remain at acceptable standards with the committed road improvements. Conversely, Oil Well Road between Immokalee Road and the project site is the only link that the analysis projects to be adversely impacted by the project below the minimum LOS "D" standard. This adverse impact will occur because Oil Well Road is a 2-lane facility. The future road improvements in the area include widening Immokalee Road east of Collier Boulevard and the widening of Collier Boulevard south of Immokalee Road to 6-lanes. Given the traffic demands that are projected to occur both iTom Orangetree and the surrounding development including the proposed Ave Maria University, the Collier County Transportation Department has provided the following stipulation that has been incorporated Section 6.7 (L) of the PUD document as follows: In order to facilitate future right-of-way improvements for Oil Well Road, the Developer agrees to reserve an area for road right-of-way purposes of up to 100' in width along the project's entire iTontage on Oil Well Road. This reservation area will consist of a maximum width of 75' along the northern right-of-way line, and up to a maximum width of 25' along the southern right-of-way line, The right-of way-needed for turn lanes, or any other transportation related improvements to access the site would be included in the maximum widths specified above. However, such portions of right of way shall be considered site related and will not qualify for impact fee credits. The Developer shall convey the desired area to the County within ninety (90) days after written notice iTom the County. Until such time as the developer conveys any of such area to the County, the Developer shall be permitted to provide landscaping and buffer plantings within the right-of-way reservation area. At the time of delivery of the deed conveying any of such area to Collier County, PUDZ-03-AR-4150, Orange Blossom Ranch 5 Agenda Item No. 8B October 26,2004 Page 12 of 92 the County shall remit to the Developer an amount equal to the fair market value as ofthe date of this approval of the MPUD. The fair market value shall be determined by an appraisal conducted by a certified appraiser selected by the Developer from the county's approved list of certified appraisers, and shall be based on zoning that was in place on the reservation area one day prior to the effective date of this MPUD. As noted above, Collier County has programmed roadway improvements for both Immokalee Road and Collier Boulevard. These improvements will be completed by 2006, which is well before Orange Blossom Ranch reach reaches its build out. Therefore, the site generated traffic will require site access improvements including left and right turn lanes at the project entrances from Oil Well Road prior to the issuance of the first permanent certificate of occupancy. As a result of these improvements and the provision of the right-of-way along Oil Well Road, this petition is deemed to be consistent with Policies 1.3, 1.4,5.1 and 5.2 of the Transportation Element. Conservation and Open Space Element - The MPUD document indicates that a combination of landscape, lakes, water management areas, and qualifying open space areas exceeds the Land Development Code (LDC) requirements. The Orange Blossom Ranch PUD will also achieve native vegetation preservation or re-vegetation requirements of the LDC by re-vegetation of native species in the preserve tracts, therefore the Conservation and Open Space elements of the GMP will be achieved by the PUD development strategy. Utilities and Water Management Element - Water distribution, sewage coIlection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within utility easements shall be conveyed to the utility service provider of the service, pursuant to applicable CoIlier County Ordinances. The Developer agrees that locations for a total of no more than five (5) potable water well sites will be made available for use by Collier County Utilities for the Northeast Regional Water Treatment Facilities. Conceptual locations as agreed upon by the Developer and Collier County are shown on Exhibit A. Three (3) of these well sites will be utilized only for wellheads and consist of a weIl enclosed in a concrete vault structure, an above-grade electrical control panel with telemetry interface and a driveway for access. Two (2) of these sites will be utilized for wellheads, a control building and a driveway for access, and must be located on, or adjacent to a non-residential tract. The control building will include electrical equipment and an emergency power generator unit. The three (3) wellhead sites without the control building will be located within a 30' X 30' easement area. The two wel1head control building sites will be no more than 50' X 50' in dimension. Necessary pipeline and driveway easements will be granted. The County wiIllandscape and maintain all sites to minimize impact in the community, The landscaping shall be compatible with that utilized in the Orange Blossom Ranch development. All driveway materials shall be similar to other driveways in the adjacent area. AIl concrete vault structures and control buildings shall be constructed to blend architecturally into the community. To the maximum extent possible pipeline easements as necessary for raw water transm ission main shall be located by the County in proposed roadways, adjacent to proposed rights-of-way, or along platted property lines. All final well site and pipeline locations shall be communicated to the Developer during the platting process of the development. Multiple platting of the project may occur. The County agrees upon request of the Developer to modify and adjust final well site and pipeline locations to best accommodate the uses in the Orange Blossom Ranch MPUD, and to ensure that the proposed well field and pipelines are compatible with and do not interfere with neighboring properties. PUDZ-03-AR-4150. Orange Blossom Ranch 6 I· Agenda Item No. 88 October 26, 2004 Page 13 of 92 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"), Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Environmental Review - The Environmental staff has reviewed the project's application and has waived the requirement for the petitioner to submit an Environmental Impact Statement (ElS) because the entire site has been cleared for agricultural purposes. As a result, this petition was not required to go to the Environmental Advisory Council (EAC) meeting. Transportation Department Review - The Transportation Department has recommended approval subject to the following: The Developer agrees to reserve an area for road right-of way-purposes of up to 100' in width along the project's entire frontage on Oil Well Road, This reservation area will consist of a maximum width of 75' along the northern right-of-way line, and up to a maximum width of 25' along the southern right-of-way line. The right-of-way needed for turn lanes, or any other transportation related improvements to access the site would be included in the maximum widths specified above. However, such portions of right-of-way shall be considered site related and will not qualify for impact fee credits. Zoning Review - The subject property is within the Settlement Area District Designation as identified on the Future Land Use Map, which permits a wide variety of land uses, including commercial, residential, community facility and recreation. The total acreage of the MPUD is 616 ± acres. The maximum number of dwelling units to be built on the total acreage is 1,600. The number of dwelling units per gross acre, less the 446 acre CommerciaUOffice area, is approximately 2.8 units. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land. No maximum densities have been established in the Settlement Area District. The subject PUD proposes the inclusion of community shopping and office development that will serve the surrounding area, on approximately 44 acres. The maximum gross leasable area for commercial uses shall be 200,000 square feet. These uses are consistent with the Settlement Area District of the Future Land Use Element and Golden Gate Area Master Plan in that these areas meet the criteria outlined in the Future Land Use Element, Golden Gate Area Master Plan, and Subsection 2,2.20.3,14 of the Land Development Code (LDC). In addition, 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. Furthermore, the project development is compatible and complementary to existing and PUDZ-03-AR-4150, Orange Blossom Ranch 7 Agenda Item No. 88 October 26, 2004 Page 14 of 92 future surrounding land uses while proposed improvements are planned to be in compliance with applicable sections of the Collier County LDe. The PUD development standards require that the single-family residential structures provide a minimum front yard setback of 20 feet and for ITont entry garages a minimum of 23 feet shall be provided from the garage to the edge of the sidewalk. The rear yard setback is 15 feet while the side yard setback is 6 feet. For multi-family structures, the distance between structures is 20 feet. The maximum height is limited to 35 feet for single-family and 45 feet for multi-family. These setback requirements are similar to other approved residential projects in Collier County. The PUD document indicates that proposed commercial buildings shall be consistent with the architectural standards of Section 2.8 of the LDC. Lastly, The Southwest Florida Regional Planning Council reviewed this petition to see if it qualified as a Development of Regional !mpact (DRI). As noted in their letter of August 20, 2003, they have determined that the proposed mixed-use project does not constitute a DR! (Exhibit "C"). Utility Infrastructure - The Utilities Department has recommended approval subject to the following: Easements shall be provided to Collier County Utilities for five separate weB field locations, These well sites will be spaced a minimum of 114 mile apart. These facilities will be within the access roadway's Collier County Utility easement. These easement areas will be provided to Collier County Utilities upon request. Development of the land will proceed on the basis of connection to the local sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned, and maintained in accordance with the current Collier County ordinances. Water management facilities will be constructed to meet current County Ordinances. These facilities will be reviewed and approved as a function of obtaining subsequent development order approvals. The petitioner has agreed to these conditions and has incorporated these recommendations into the PUD document. The Collier County Water Sewer District will be the potable water and sanitary sewer service provider in the year 20 I 2. The Orangetree Utility will be the provider during the interim years. Community Infrastructure and Services - The subject property is readily accessible to a whole range of community infrastructure that is enhanced by its interface with Immokalee Road. Shopping centers and medical offices as well as various specialty stores are permitted uses within the PUD and are all within a short driving distance. In addition, the subject PUD Master Plan indicates that Community Facilities are permitted including a County Park facility around the lake site in the northeast corner ofthe project. Public Information Meeting: The petitioner held a Public Information Meeting on November 25, 2003, at the Corkscrew Middle School. Approximately 8 persons attended the presentation given by petitioner. Several persons expressed concern that the project over would adversely increase traffic on Oil WeB Road. Others expressed concern for adequate water and sewer service if this project is developed. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPe) recommend approval of Petition PUDZ-03- AR-4150 subject to the conditions of approval that have been incorporated in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. PUDZ-03-AR-4150, Orange Blossom Ranch 8 Agenda Item No. 88 October 26, 2004 Page 15 of 92 PREPARED BY: RAY BELLOWS, CHIEF PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE REVIEWED BY: SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN DATE REZONE FINDINGS PETITION PUD-03-AR-4150 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: PUDZ-03-AR-4150, Orange Blossom Ranch 9 Agenda Item No. 88 October 26,2004 Page 16 of 92 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements ofthe GMP. The subject property is designated AgriculturallRural - Settlement Area District, as identified on the Future Land Use Map in the Golden Gate Area Master Plan (GGAMP) of the Growth Management Plan (GMP). The Settlement Area District allows land uses "vested" in 1986; these include 2,100 DUs and 22 acres/60,000 square feet (plus hotel/motel use) of commercial development. The District identifies the types of uses allowed in the Orangetree PUD - residential, commercial, community uses, etc. - but does not identify intensity thresholds; however, the District does reference the PUD, which includes those thresholds. But, the District states: "Future zoning changes to add dwelling units or commercial acreage within the geographic boundaries of this District will not be prohibited or discouraged by reason of the above- referenced vested status." Since the District does not include development intensity thresholds, and specifically provides that more dwelling units and commercial acreage may be added beyond that which the site is "vested" for, the proposed commercial and residential uses and intensities/densities may be found consistent with the GGAMP. Based upon the Rural Settlement Area District language, it is clear that, by omission, industrial land uses are not permitted within the District; further, industrial land uses are not presently "vested" in the District. Therefore, staff is of the opinion that the revised PUD document is consistent with the GMP and the GGAMP. 2. The existing land use pattern. Surrounding: North -Vacant farmland and zoned Orangetree PUD. East - Developed single-family and zoned Estates (E). South -Golf Course and residential and zoned Orangetree PUD West- High School and residential that is zoned Orangetree PUD 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The rezone from the Orangetree PUD to the Orange Blossom Ranch PUD is of sufficient in size and located within the Golden Gate Area Master Plan 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, EXHIBIT "A" 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The Proposed mixed-use PUD district boundaries are logically drawn and they are consistent with the FLUE ofthe GMP. PUDZ-03-AR-4150. Orange Blossom Ranch 10 Agenda Item No. 88 October 26, 2004 Page 17 of 92 S. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed project is appropriate since the area is developing with a mix of commercial and residential uses. The petitioner contends that because the existing and projected growth in the area, the proposed PUD is necessary to provide the necessary facilities to meet the demand. Furthermore, the subject property is located in a area that permits the proposed uses and intensities. 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 compatibility with neighboring properties. The proposed rezone will have no significant impact on any adopted level of service standard with the proposed road improvements to Immokalee Road and the additional right-of-way provided along Oil Well Road. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5.1 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. 8. Whether the proposed change will create a drainage problem. The LDC specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. In summary, the Orange Blossom Ranch PUD has been reviewed for consistency with the applicable regulations and required to mitigate all surface drainage generated by developmental activities 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, PUDZ-03-AR-4150. Orange Blossom Ranch 11 Agenda Item No. 88 October 26, 2004 Page 18 of 92 corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed uses and applicable development standards within this PUD are consistent with all Collier County requirements. As a result, staff is of the opinion that the proposed mixed-use 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 the proposed Orange Blossom Ranch PUD should not be affected by the requested zone change in that the project meets all level of service standards, is compatible with Golden Gate Area Master Plan. 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 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. 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 GGAMP and the GMP. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed 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. PUDZ-03-AR-4150, Orange Blossom Ranch 12 [" Agenda Item No. 88 October 26,2004 Page 19 of92 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 POO document. Staff reviews for adequacy of public services and levels of service detennined that required infrastructure meets with GMP established relationships. The proposed change will have no affect upon those conditions. FINDINGS FOR PUD PUD-03-AR-4150 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: PUDZ-D3-AR-4150, Orange Blossom Ranch 13 Agenda Item No. 88 October 26. 2004 Page 20 of 92 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 Orange Blossom Ranch 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 Orange Blossom Ranch 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 Golden Gate Area Master Plan, 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 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. EXHIBIT "B" 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, PUDZ-03-AR-4150, Orange Blossom Ranch 14 Agenda Item No. 88 October 26, 2004 Page 21 of 92 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 ofsurrounding 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, this petition 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, PUDZ-03-AR-4150, Orange Blossom Ranch 15 Agenda Item No. 88 October 26,2004 __ ___ Pa!;e 2?~92 PUDZ-2003-AR-4150 PROJECT # 2002120036 DATE: 5/27/2003 RAY BELLOWS APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: Date Petition Received: Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) Bryan W. Paul Applicant's Mailing Address P.O. Box 2357. Hwy 78 - A City Labelle State Florida Zip 33935-2357 Applicant's Telephone # (863) 675-4410 Fax # (863) 675-4570 Name of Agent D. Wayne Arnold Firm O. Gradv Minor & Associates. P.A. . Agent's Mailing Address 3800 Via Del Rey City Bonita Springs State FL Zip 34134 Agent's Telephone # 239-947-1144 Fax # 239-947-0375 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 PHONE (941) 403-2400 / FAX (941) 643-6968 1 Agenda Item No. 8B October 26,2004 Page 23 of 92 Name of Agent Anthony P. Pires Firm Woodward. Pires & Lombardo. P.A. Agent's Mailing Address 3200 Tamiami Trail North Suite 200 City Naples State FL Zip 34103 Agent's Telephone # (239) 649-6555 Fax # (239) 649-7342 2 Agenda Item No. 8S October 26, 2004 Page 24 of 92 2. Disclosure of Interest Infonnation: 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 Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address and Office Percentage of Stock 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 3 -,.._~---,-.- -----..-" 1"""'- . .---..--.--""--'" Agenda Item No. 8B October 26, 2004 Page 25 of 92 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 Address Percentage of Ownership Please see attached Exhibit "A" 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. Date of Contract: Name and Address Percentage of Ownership 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 0 leased 0 Term oflease yrs.lmos. If Petitioner has option to buy, indicate date of option: option terminates: , or anticipated closing date and 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 le2a1 description of the property covered bv the application: (If space is inadequate, attach on separate page.) Ifrequest involves change to more than one zoning district, include separate legal description for property involved in each district. 4 ,,- Agenda Item No. 88 October 26, 2004 Page 26 of 92 Applicant shall submit fom (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: 13. 14 & 24 Township: 48 Range: 27 Lot: Block: Subdivision: Plat Book: Page #: Property I.D.#: Please see attached document Metes & Bounds Description: Please see attached legal description 4. Size of property: ft. x ft. = Total Sq. Ft. Acres ± 616 5. Addressll!enerallocation of subiect proøertv: Property is located on the north and south sides of Oil Well Road approximately 1 mile east of Immokalee Road. 6. Adiacent zoninl! and land use: Zoning Land Use NPUD Citrus Grove SPUD Valencia Golf Course EE Golden Gate Estates WPUD Waterwavs residential and Collier County High School 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). Yes Section: 11. 12. 13. 14 & 24 Township: 48 Range: 27 Lot: Block: Subdivision: Plat Book: Page #: Property I.D.#: Please see attached document 5 -T Agenda Item No. 88 October 26, 2004 Page 27 of 92 Metes & Bounds Description: Please see attached legal description 7. Rezone Reouest: This application is requesting a rezone ftom the PUD zoning district(s) to the PUD zoning district(s). Present use of the property: Citrus 21"Ove Proposed use (or range of uses) of the property: Mixed use Residential and Commercial Planned Development 8. Evaluation Criteria: Pursuant to Section 2.7.2.5 AND Section 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. 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? Yes. Growth Manae.ement Plan Amendment CP-2002-04 6 o,;;;";'_"""'''*;_''''''''''''''''.''''~''''''''' Agenda Item No. 88 October 26, 2004 Page 28 of 92 STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST 1. Name of Applicant: Brvan W. Paul 2. Mailing Address: P.O. Box 2357. Hwy78 - A City Labelle State Florida Zip 33935-2357 3. Address of Subject Property (if available): 4. Legal Description: Section: 13. 14 & 24 Township: 48 Range: 27 Lot: Block: Subdivision: Plat Book: Page #: ownership document Property I.D.#: Please see attached Dropertv Metes & Bounds Description: Please see attached leszal description 5. Type of sewage disposal to be provided (check applicable system): a. County Utility System 0 b. City Utility System 0 c. Franchised Utility System rz¡ Provide Name Orangetree Utilities d. Package Treatment Plant 181 (GPD capacity) Temporary based on Dhased demand e. Septic System 0 6. Type of water service to be provided: a, County Utility System 0 b. City Utility System 0 c. Franchised Utility System 0 Provide Name Orangetree Utilities d. Private System (Well) 0 7. Total population to be served: 8. Peak and Average Daily Demands: A. Water - Peak 150 GPD Average Daily 500.000 GPD B. Sewer - Peak 150 GPD Average Daily 500.000 GPD 7 -- ."".. .--.--'---- --"-""""<;j -1-" Agenda Item No. 88 October 26, 2004 Page 29 of 92 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 of sewage treatment process to be used as well as a specific 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 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. 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. The subject property is within the franchise service area of Orangetree Utilities and service has been established in the franchise agreement and in the Orangetree PUD document. The applicant may elect to construct temporary water and wastewater facilities concurrent with phasing of the project 8 Agenda Item No. 88 October 26, 2004 Page 30 of 92 PUD REZONE APPLICATION SUBMITTAL CHECKLIST llis completed checklist is to be submitted with application packet! Requirements #of Required Not CODies Required 1. Completed Application 24 X 2. Copy of Deed(s) and list identifying Owner(s) and all 1 X Partners if a Corporation 3. Completed Owner/ARent Affidavit, Notarized 1 X 4. Pre-application notes/minutes 24 X 5. Conceptual Site Plans 24 X 6. Environmental Impact Statement-ŒIS) 4 X 7. Aerial Photol!raph (with habitat areas identified) 4 X 8. Completed Utility Provisions Statement (with required 4 X attachments and sketches) 9. Traffic Impact Statement (TIS) 4 X 10. Historical & Archaeological Surveyor 4 X Waiver Application 11. Copies of State and/or Federal Pennits 4 X 12. Architectural Renderin2 of Proposed Structurels) 4 X 13. Application Fee, Check shall be made payable to -- X Collier County Board of Commissioners 14. Other Requirements- As the authorized agent/applicant for this petition, I attest that all of the infonnation indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal ¡nfonnatton may result in the delay of processing this petition. '~.%~ Agent! Applicant Signature if (03 Date 9 '. ../ /," '. . Agenda Item No. 88 ~~b~l26,2004 ~al" 31 of92 j, " . , ,// THIS INSTRUMENT PREPARED BY: W. ROY WILKES, Attorney at Law P. O. Box 1590 . Lake Placid, Florida 33852 Florida Bar No: 0608475 TE: 813-699-2222 PROPERTY APPRAISER'S PARCEL l.D NO: '24_48-27/210650004 1946334 OR: 2068 PG: 0706 DCOiÐlD in omClA'I.-UCOiÐS of COLtIlI count 11. 06/12/95 at 01:56PM DVIGBT I. BloCt, CLIR1 COIS 90000.00 UC 111 15.00 DOC..70 630.00 WARRANTY DEEDRetn: ", K DAVID ALllARDl1 P 0 BOI 189 TIllS INDENTURE, made tbis 1st day of AUgUSt.'1~~elJb\i'fìINÅN PAUL and TOM SHIRLEY GROVES, a Florida ~eral Partnership, and BRYAN, PAUL and THOMAS'SHIRLEY, individually, partics of the first part, and BRYAN W. PAUL, whose post office address is Post Post Office Box 2274, LaBelle, Florida' 33935 , party of the second part. , . , WITNESSETH, That sàid parties of the first part, for and in consideration of the sum of TEN ($10.00) Doilars, and other good and valuable considerations to them in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, sold and tranSferred, and by these presents, do grant, bargain, sell and transfer unto . the party of the secQnd part, his heirs or assigns forever, the following described land, situate, lying and being in Collier County, Florida, to-wit: ' PUDZ-2003-AR-4150 PROJECT # 2002120036 DATE: 5/27/2003 RAY BELLOWS SEE ATTACHED EXHIBIT "A" SUBJECT to 1994 taxes, restrictions, reservations and easements of record, if any. . And the said parties of the first part do hereby flÙ1Y.WaITant the. title to said land, and will defend th~ same against the lawful claims of all persons whomsoever, except that this conveyance is subject to current taXes, easements, restrictions andlor conditions of record. , I / _.",..._"..~_._.._---~- -'~'"-""----' Agenda Item No. 88 October 26, 2004 Page 32 of 92 ~5:å:±.ø' 6 3 >ollER COUNTY .... 1690 OR BOÐK RJ~ Agenda Item No. 88 fl>~~~2~ 1004 ~~g~ ~ of ~2 ·PAGE ,_to 1992 ff.~L5 PU 12: 06 RECORDED WARRANTY DEED THIS INDENTURE is made this 20th day of February, 1992, between BRYAN PAUL, Individually and ·as Trustee, P.. o. Box 2357,' ~. .LaBelle, Hendry county, Florida 33935, as Grantor, and BRYAN PAUL, . Individually, P. o. Box 2357, LaBelle, Hendry County, Florida. . . 0 33935, as Grantee. WITNESSETH: . .D 1{,0· That the Grantor, for and in consideration of the sum of TEN AND NO/lbO DOLLARS ($10.00) and. other valuable consideration, to Grantor in hand paid by the Grantee,. the receipt whereof is hereby acknowledged, has granted, barga-ined, and s~ld to Grantee, Grantee I s heirs and assigns forever , ·the land in ·Collier County, Florida, which is described in Attachmen·t· A'.· THIS CONVEYANCE IS MADE SUBJECT TO:. 1 J 1. years. 2. zoning ordinances, zoning agreements, restricti ve co.venants, restr.ictions, reservations, resolutions,· rules, regulations, agree~ents which affect the land, and limitations of . record and public ~tility and private easements of record, if any. Grantor does hereby fully warrant the title to said land, and will defend the s·arne against the lawful claims of all persons whomsoever. . Real estate taxes ~or the year 1992 and all subsequent IN WITNESS WHEREOF, Grantor has executed this deed under seal on the date noted below. WITNESSES; .7Jü ¿~.Jt:l. ~ Name: /JI./l-U$" AlAI/oS -. /I /1 d ~ ".-}"/ l// .? J .' - I /¿p .. - ,;- \ ~: d~iViduallY and as Trustee ~--,"'-' ----.--- PUDZ-2003-AR-4150 PROJECT # 2002120036 DATE: 5/27/2003 RAY BELLOWS . . ../" . . ý ~/ ..... 1690 OR BûDK ~~_.. ~~bnc~~~1Þ¡~i~B PA·GE All that part of Section 24, Township 48 South, Range 27 East, Collier County, Florida; Commencing at the northwest corner ot Section 24, ÿownship 48 South, Range 27 East; thence along the North line of Section 24, South 88 '-05' -56" ¡ East 192B.19 feet; .. . . thence leaving said North line South 01 '-54' -04" West 50.00 reet to the S·outh Right-ot-Way line of c. R. . 85S (Oil Well Road); . . thence along said South Right-of-Way line South. 8so-05'-56" East·720.00 feet to the POINT O·P B·EGINNIHGot the parcel herein described:·. . thence continuing along· said South Right-ot-Way line .South 88·...05'-56" East 30.00 feet;. .. . . thence continue ~lonq said South ·.Right-of-Way line South 88·-51'-25" East 892.48 feat; thence leaving sa.id South .Right-of-Way line South 01°-49'-15" West 2163.91 feet; . thence North 85'-5e'-32" West 117.57 feet; thence South 84'-04'-00" West 230.00 feet; thence North 44°-4t)'.-41,í West 68·6.83 feet; . thence North 29·'-11'-00" West 151.46 feet; thence North 010-".9'-15" East 1578.17 feet to sald.South. Right-at-way· lin·e o.f oil Well Road and the POIlfr OF BEGINNING of the parcel herein described; being a·p~rt at Section 24, Township's South, Range 27 East, Collier County, Florida; . sUbject to easem-ents and restrictions ot re.cord; ·containing 42.44 acres more or less; be~rings a~e based on the .northeast 1/4 section line ot said. Se.ction 24, being S·outh 88°-51'-25" East.. . . P.TIACHMENT A ~~1. ~ "" .~'......'" rt. '4~ J. ~\~ _ _,.d.otÞ ~ ~~. ~~~~'" ~O;~\)\\.~~. C; ..rl..\.\€ ~ c., ~ \.l" )~~ç,; ----"---~__H____.d@~,_ ¥-,....--..... c:ovN co 00') 0.... ON 0 Z -LO (OC') EN Q) Q)'-O') :::15ro rooa.. ""Ot) ~O 0) « i I --- / -.- - a. e::( ~ W I- en r L ::. a. e::( ~ z o l- e::( t) o ...J >'.-.'-.----- ORDINANCE NO. 04"_ Agenda Item No. 88 October 26,2004 Page 36 of 92 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WInCH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR TIlE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATI.AS MAP OR MAPS, BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO PUD ZONING DISTRICT FOR A MIXED USE PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE ORANGE BLOSSOM RANCH PUD LOCATED ON THE NORTII AND SOlITH SIDES OF OIL WELL ROAD (C.R. 858) APPROXIMATELY ONE MILE EAST OF IMMOKALEE ROAD (C.R. 846) IN SECTIONS 13, 14, AND 24, TOWNSHIP 48 SOUTII, RANGE 27 EAST, AND SECTION 19, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 616:!; ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, of Q. Grady Minor and Associates, representing Bryan W. Paul, 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 13, 14, and 24, Township 48 South, Range 27 East, and Section 19, Township 48 South, Range 28 East, Collier County, Florida, is changed from a PUD Zoning District to a PUD Zoning District for a mixed use Planned Unit Development in accordance with the Orange Blossom PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein identified as PUD-2003-AR-4150. The appropriate Official Zoning Atlas Map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. Page 1 of 2 r' Agenda Item No. 8B October 26, 2004 Page 37 of 92 Florida, this _ day of ,2004. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATIEST: BY: DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency MaIjorie M. Student Assistant County Attorney PUDZ-200J-AR-41 ~ORBl101sp ORANGE BLOSSOM RANCH A MIXED USE PLANNED UNIT DEVELOPMENT PREPARED FOR: Bryan Paul Citrus, Incorporated P.O. Box 2357 Hwy 78 - A Labelle, FL 33935-2357 PREPARED BY: Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 and Woodward, Pires and Lombardo, P.A. 3200 Tamiami Trail North Suite 200 Naples, FL 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL DOCUMENT DATE EXHIBIT "A" ---.-.-.-.-..--.- Agenda Item No. 88 October 26, 2004 Page 38 of 92 "'r' , ,__Þ'iII__......,...~...,....,""""",.,., INDEX PAGE List of Exhibits ii Statement of Compliance III SECTION I Property Ownership, Legal General Description and Short Title 1-1 SECTION II Project Development 2-1 SECTION III Residential/Golf Development Areas 3-1 SECTION IV Commercial/Office 4-1 SECTION V Community Facility 5-1 SECTION VI General Development Commitments 6-1 Agenda Item No. 88 October 26, 2004 Page 39 of 92 EXHIBIT "A" EXHIBIT "B" EXHIB IT "C" '------- LIST OF EXHIBITS Conceptual Master Plan and Water Management Plan Legal Description Property Ownership Information ii Agenda Item No. 88 October 26, 2004 Page 40 of 92 Agenda Item No. 88 October 26, 2004 Page 41 of 92 STATEMENT OF COMPLIANCE The development consists of 616± acres of property in Collier County as a Mixed Use Planned Unit Development to be known as the Orange Blossom Ranch MPUD, which will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Collier County Growth Management Plan (GMP), The Orange Blossom Ranch MPUD is a mixed-use residential community with associated community facility, recreational, and commercial uses and will be consistent with the applicable elements of the Collier County GMP for the following reasons: 1. The subject property is within the Settlement Area District Designation as identified on the Future Land Use Map, which permits a wide variety of land uses, including commercial, residential, community facility and recreation. 2. The total acreage of the MPUD is 616 ± acres. The maximum number of dwelling units to be built on the total acreage is 1,600, The number of dwelling units per gross acre, less the 44± acre Commercial/Office area, is approximately 2.8 units. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land. No maximum densities have been established in the Settlement Area District. The MPUD proposes the inclusion of community shopping and office development which will serve the surrounding area, on approximately 44 acres. The maximum gross leasable area for commercial uses shall be 200,000 square feet. These uses are consistent with the Settlement Area District of the Future Land Use Element and Golden Gate Area Master Plan in that these areas meet the criteria outlined in the Future Land Use Element, Golden Gate Area Master Plan, and Subsection 2.2.20.4.7 of the Land Development Code (LDC) (ULDC Section 2,03.06). 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 and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 5. Improvements are planned to be in compliance with applicable sections of the Collier County LDC as set forth in Objective 3 of the Future Land Use Element. 6. 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 ofthe Public Facilities Element. 7. All tìnallocal development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County LDC. 111 ",""""""--"'""'-""'......,.,"""'.;",..."""'",.....".".." Agenda Item No. 8B October 26, 2004 Page 42 of 92 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 the Orange Blossom Ranch MPUD. 1.2 LEGAL DESCRIPTION Please see Exhibit "B", Legal Description. 1.3 PROPERTY OWNERSHIP Please see Exhibit "C", Property Ownership. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located to the north and south of Oil Well Road, north of the developed portions of the Orangetree PUD. The property lies approximately 7 miles east of C.R. 951 (Collier Boulevard) and approximately ~ mile east of C.R. 846 (Immokalee Road). B. The zoning classification of the project prior to approval of this MPUD document was PUD, as part ofthe Orangetree PUD. 1.5 PHYSICAL DESCRIPTION A. The project lies within Collier County Main Golden Gate Canal Basin, B. Water management facilities for the project will be designed and constructed with discharge via the Golden Gate Canal, subject to approved SFWMD permit(s), C. Elevations within the site vicinity are flat. The elevation of the subject site is approximately sixteen feet (16') above mean sea level. The entirety of the site lies within Flood Zone "0" according to Firm Map # 1200672500, revised June 3, 1986. D. Surficial sediments on, and in the vicinity of, the project are primarily fine quartz sands and organic loams over shallow limestone bedrock. Specific soil types found on the project include: malabar fine sand, basinger fine sand and boca fine sand. E. The subject property at the time of rezoning is currently m active citrus production. No native vegetation exists on-site. 1-1 ~_.'-"'<_.,-~-,~,~~~ Agenda Item No. 88 October 26, 2004 Page 43 of 92 1.6 PROJECT DESCRIPTION The MPUD is a mixed-use residential single family and multi-family community with a maximum of 1,600 units designated "RIG" dwelling units and 200,000 square feet of commercial and office leasable area within areas designated "C/O" on the master plan. Recreational facilities may be provided in conjunction with the dwelling units. Residential land uses, recreational uses, community facility uses, commercial uses and signage are designed to be harmonious with one another in a natural setting by using common architecture, appropriate screening/buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Orange Blossom Ranch MPUD". 1-2 Agenda Item No. 88 October 26, 2004 Page 44 of 92 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE 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 the MPUD shall be in accordance with the contents of this Planned Unit Development Document and, to the extent not inconsistent with this MPUD Document, applicable sections of the Collier County LDC as amended and GMP in effect at the time of issuance of any development order to which such regulations relate, such as but not limited to 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 County LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County 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 Orange Blossom Ranch MPUD shall become part of the regulations which govern the manner in which the MPUD site may be developed, D, Except as modified, waived or excepted by this MPUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this MPUD. E. Development permitted by the approval of this MPUD will be subject to concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated by Exhibit "A", the MPUD Master Plan. The specific location and size of individual tracts and the assignment of dwelling units (uses) 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, roadway pattern, and dwelling unit size and configuration. 2-1 Agenda Item No. 8B October 26,2004 Page 45 of 92 2.4 ROADWAYS A. Roadways within the Orange Blossom Ranch MPUD may be privately owned and maintained or owned or operated and maintained by a community development district. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this MPUD or approved during subdivision plat approval. The Developer reserves the right to request substitutions to the LDC design standards in accordance with Section 3.2,7.2 of the LDC. The Developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate on all internal and privately, or COD, owned or operated and maintained project roadways. B. Roadways within the Orange Blossom Ranch MPUD shall be designed and constructed in accordance with Section 3.2.8 of the LDC (ULDC Chapters 4 & 6) with the following substitutions: C. Deviations Streets and access improvements 1. Subsection 3.2.8.4.16.5 ofthe LDC, Street Right-of-Way Width Street right-of-way width: The minimum right-of-way width to be utilized for local streets and cul-de-sacs shall be forty (40) feet. Drive aisles serving multi-family tracts shall not be required to meet this standard. The publicly accessible roadway corridor which provides for an interconnection between Oil Well Road and the CF designated lake parcel shall be permitted to be sixty (60) feet in width. 2. Subsection 3.2.8.4.16.6 of the LDC, Dead-end Streets Cul-de-sacs may exceed a length of one thousand (1,000) feet. 3. Subsection 3.2.8.4.16.8 of the LDC, Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. 4. Subsection 3.2.8.4.16.10 ofthe LDC, Reverse Curves Reverse Curves: Tangent shall not be required between reverse curves on any project streets. Sidewalks, bike lanes and bike paths 5. Subsection 3.2,8.3.17.3 of the LDC 2-2 Agenda Item No. 88 October 26, 2004 Page 46 of 92 The publicly accessible entry road extending from Oil Well Road to the CF designated parcel shall have a minimum eight foot (8') wide pathway on one side of the street, or a 5 foot wide pathway on both sides ofthe street which may meander in and out of the right-of-way. 6. Subsection 2.7.3.4, PUD Time Limits The Orange Blossom Ranch MPUD shall be required to obtain approval for improvement plans or a development order for infrastructure improvements in accordance with the time frame and specifications outlined in subsection 2.7.3.4. LA of the LDC. 2.5 LAKE SETBACK AND EXCA VA nON The lake setback requirements described in Section 3.5,7.1 of the LDC (ULDC Section 3.05.10) may be reduced subject to the provisions established in Sections 3,5.7.1.1 and 3.5.7.1.2 of the LDC (ULDC Sections 3.05.10). All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1.of the LDC (ULDC Section 3.05.10) and subject to permit approval of the South Florida Water Management District. 2.6 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a record plat, and/or condominium plat for all or part of the MPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the MPUD Master Plan, the Collier County LDC and the platting laws of the State of Florida, B. Exhibit "A", the MPUD Master Plan, constitutes the required MPUD development plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County LDC and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County LDC 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. Utilization of lands within all project public rights-of-way for landscaping, gatehouses access control features, decorative entrance ways, architectural features and signage shall be allowed subject to review and administrative approval by the Collier County Engineering Director for engineering and safety considerations during the development review process and prior to any installations of plant material or construction. Private and Community Development District owned ROW's may be utilized for landscaping, gatehouses access control features, decorative entranceways, architectural features and signage at the discretion of the developer. 2-3 r- Agenda Item No. 88 October 26, 2004 Page 47 of 92 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 common facilities. 2.7 MODEL HOMES, MODEL SALES OFFICE AND CONSTRUCTION OFFICE A. Model Homes Sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate or such as, but not limited to, pavilions, parking areas, and signs, shall be permitted principal uses throughout the Orange Blossom Ranch MPUD, These uses shall be subject to the requirements of Section 2,6.33.4, Section 3.2.6,3.6 and Division 3.3 of the LDC (ULDC Section 5.04.04, 10.02.05 C and Chapter 10 10.02.03), B. Model Homes may be permitted in single family, multi-family and townhome buildings and up to 8 single family and/or one 8-unit multi family building per platted tract or SDP may be utilized for wet or dry models, subject to the time frames specified in Section 2.6.33 of the LDC (ULDC Section 5.04,04). 2.8 AMENDMENTS TO MPUD DOCUMENT OR MPUD MASTER PLAN Amendments may be made to the MPUD Document and MPUD Master Plan as provided in the Collier County Land Development Code, Section 2.7.3.5 (ULDC Section 10.02.12), 2.9 COMMON AREA MAINTENANCE Common area maintenance will be provided by a property owners' association or community development district (CDD). The association or CDD is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by association or CDD, the developer will create a property owner 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, or CDD, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems serving the Orange Blossom Ranch MPUD, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Anny Corps of Engineers, and South Florida Water Management District. 2.10 DESIGN GUIDELINES AND STANDARDS Planned unit development districts are intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Section 2,2.20,1 (ULDC Section 2.03.06). Commercial components of the project shall be subject to Division 2.8 of the Collier County LDC. 2-4 Agenda Item No. 88 October 26, 2004 Page 48 of 92 2.11 GENERAL PERMIITED USES Certain uses shall be considered general permitted uses throughout the Orange Blossom Ranch MPUD. General pennitted uses are those uses which generally serve the developer, property owners and residents of the Orange Blossom Ranch MPUD and are typically part of the common infrastructure or are considered community facilities. A. General Pennitted Uses: 1. Essential services as set forth under the Collier County Land Development Code, Section 2.6.9.1 (ULDC Section 2.01.03). 2. Water management facilities and related structures. 3, Temporary water and sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, architectural subdivision entry features and access control structures. 6. Community and neighborhood parks, recreational facilities, community centers. 7. Temporary construction, sales, and administrative offices for the developer, builders, and their authorized contractors and consultants, including necessary access ways, parking areas and related uses in accordance with the Collier County LDC in effect at the time penn its are requested unless otherwise specified herein. 8. Model Homes Sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate or such as, but not limited to, pavilions, parking areas, and signs, shall be pennitted principal uses throughout the Orange Blossom Ranch MPUD. These uses shall be subject to the requirements of Section 2,6.33.4, Section 3.2.6.3.6 (ULDC Sections 5,04.04, Section 10.02.05 C) and Division 3.3 of the LDC (ULDC Chapter 10, Section 10.02.03). 9. Landscape features including, but not limited to, landscape buffers, benns, fences and walls in accordance with the Collier County LDC in effect at the time permits are requested unless otherwise specified herein. 10, Agricultural uses and related accessory uses. However, agricultural operations shall cease upon recordation of a plat for a specific tract. 2-5 .--- I Agenda Item No. 88 October 26,2004 Page 49 of 92 11, Any other use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. 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'). Guardhouses, gatehouses, fences, walls, columns, decorative architectural features and access control structures shall have no required setback. 2. Setback from exterior property lines - One half (\12) the height of the structure, 3. Minimum distance between structures, which are part of an architecturally unified grouping - Ten feet (10), 4. Minimum distance between unrelated structures - Ten feet (10'). 5, Minimum floor area - None required. 6. Minimum lot or parcel area - None required. 7, Maximum Height - Thirty feet (30') for guardhouses and decorative architectural features. 8. Sidewalks, bike paths, and cart paths may occur 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, bike path, or cart path, 9. Standards for parking, building setbacks, landscaping, signs and other land uses where such standards are specified herein, are the development standards for the Orange Blossom Ranch MPUD. Where standards are not specified within the MPUD Document, such standards and uses shall be determined to those most comparable found in the Collier County LDC in effect at the time of site development plan approval. 2.12 OPEN SPACES REQUIREMENTS Section 2.6.32 (ULDC Section 4.02.01) of the LDC requires that mixed-use PUDs provide a minimum of 30% open space. At the time of site development plan or plat approval, the developer must demonstrate compliance with this requirement. For purposes of this requirement, a minimum of 10% of the C/O area shall be open space. 2-6 Agenda Item No. 88 October 26, 2004 Page 50 of 92 2.13 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally pennitted as a principal use throughout the Orange Blossom Ranch .MPUD. A. Landscape benns shall have the following maximum side slopes: 1. Grassed berms 4: 1 2. Ground covered berms Perimeter 3: 1 Internal to project 3: 1 3. Structural walled benns - vertical Fence or wall maximum height: Six feet (6'), as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscaped benn, the wall shall not exceed six feet (6') in height from the top ofbenn elevation. 2-7 Agenda Item No. 88 October 26, 2004 Page 51 of 92 SECTION III RESIDENTIAUGOLF "RIG" 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Orange Blossom Ranch MPUD designated on the Master Plan as "RIG", Residential/Golf. 3.2 MAXIMUM DWELLING UNITS A maximum of 1 ,600 dwelling units of various types may be constructed within areas designated RIG on the Master Plan. 3.3 GENERAL DESCRIPTION Areas designated as "RIG," Residential on the Master Plan are designed to accommodate a full range of residential dwelling types and general permitted uses as described by Section 2.11, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage ofthe area designated for residential/golf development is indicated on the MPUD Master Plan, This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan in accordance with Division 3.2, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. 3.4 PERMITfED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single family attached and detached dwellings, town homes, 2. Single family patio and zero lot line dwellings. 3. Two-family and duplex dwellings. 4. Multi-family dwellings including coach homes and garden apartments. 5. Model homes and model home centers including offices for project administration, construction, sales and marketing. 6. Recreational facilities such as parks, playgrounds, and pedestrianlbikeways, 3-1 Agenda Item No. 88 October 26, 2004 Page 52 of 92 7. Golf courses and golf course related clubs and facilities, including clubhouses, restaurants, pro shops, tennis courts, swimming pools and similar recreational facilities. 8. Indoor and outdoor recreation facilities, including but not limited to community centers, swimming pools, tennis courts, and the like. 9. Gazebos, architectural features, fishing piers, courtyards, golf course shelters, 10. Indoor parking facilities and outdoor parking lots. II. Those uses outlined in Section 2.11.A herein. 12. Collier County Public Schools - educational facilities limited to a maximum single 20 acre tract located only in the area on the north side of Oil Well Road contiguous to Oil Well Road. The location of the commercial/office (C/O) area may be modified or adjusted if a Collier County Public school is located in this limited designated area; and such modification or adjustment is and shall be deemed to be an insubstantial change to the MPUD Document and MPUD Master Plan B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with the principal uses permitted in this District, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development, and essential services. Provided however that no accessory structures associated with a Collier County Public School are allowed or permitted. 2. Any other accessory use which is comparable in nature with the foregoing uses. 3.5 DEVELOPMENT STANDARDS A. Table 1 sets forth the development standards for the residential land uses within the Orange Blossom Ranch MPUD RIG Development Area. B. Site development standards for single family, zero lot line, patio home, two-family, duplex, single family attached and town home uses apply to individual residential lot boundaries. Multi-family standards apply to parcel boundaries. C. Standards for parking, landscaping (excluding landscape buffer width), signs and other land uses, where such standards are not specified herein, are to be in accordance with the LDC in effect at the time of site development plan approval. Unless otherwise indicated, required yard, height, and floor area standards apply to principal structures. 3-2 Agenda Item No. 88 October 26, 2004 Page 53 of 92 D. Development standards for uses not specifically set forth in this Section shall be in accordance with those standards of the zoning district which permits development that is most similar to the proposed use. E. During the platting process, the developer shall identify the specific housing type intended for each platted tract. F. Development standards for non-residential uses within RIG Designated Areas of the Conceptual Master Plan I. Minimum lot area - None required. 2. Yard requirements: a. Front: 25' feet b. Side: 10' feet c, Rear: 0' feet if abutting a golf course or lake, 20' feet if abutting a residential tract. However no structure shall be permitted to encroach into a lake maintenance easement. 3. Maximum heights: 40' not to exceed 3 stories. 4. Parking requirements for non-residential uses a. Golf club, golf related facilities, restaurants, pro shops, tennis facilities and spa - 3 spaces for every one thousand (1,000) square feet of gross floor area of the golf club. If a restaurant is open to the general public, then parking for the restaurant use shall be provided in accordance with UDC parking provisions. For purposes of this Section, the calculation of gross floor area shall not include under-building parking or cart storage facilities. b. Accessory uses and structures - No separate parking area IS required for any accessory use within "RIG". 5. Building Separation: Principal buildings shaH be separated a minimum 15' feet. Principal buildings may be attached to accessory structures, such as covered walkways, pergolas and similar structures commonly used to provide for pedestrian protection. 6. Signage shall be consistent with provIsIons of Subsection 2.2.20.3.14 (ULDC Section 2.03.06) and Section 2.5 (ULDC Section 5.06.04) of the LDC, and may be permitted at the locations conceptuaHy shown on Master Plan, 7, Landscaping shall be in accordance with the LDC. 3-3 Agenda Item No. 88 October 26, 2004 Page 54 of 92 TABLE I ORANGE BLOSSOM RANCH COMMUNITY DEVELOPMŒNTSTANDARDSFOR "RIG" RESIDENTIAL AREAS PERMITTED USES Single Zero Lot Line Two Family and Single Multi- AND STANDARDS Family *7 Duplex Family Family Detached Attached Dwellings and Townhouse Category I 2 3 4 5 Minimum Lot Area 4,200 SF 4,000 SF 3,500*2 1,700 SF 9,000 SF Minimum Lot Width *3 42' 40' 35' IT 90' Minimum Lot Depth 100' 100' 100' 100' 100' Front Yard*6 20' 20' 20' 20' 20' Side Yard 6' Oor6' *4 Oar 6' o or *4 15' Rear Yard 15' 15' ] 5' 15' 15' Rear Yard Accessory * 1 10' 10' 10' 10' 10' Maximum Building 45 feet Height not to exceed 3 35 feet 35 feet 35 feet 35 feet stories Distance Between Detached Principal Structures * 5 12' 12' 12'*5 12' 20'*5 Floor Area Min. (S.F.) ] 000 SF 1000 SF 1000 SF 1000 SF 750 SF All distances are in feet unless otherwise noted. "I - Rear yards for accessory structures on lots and tracts which a abut lake or golf course may be reduced to 0'; however, there shall be no encroachment into a maintenance easement. "2 - Each halfofaduplex unit requires a lot area allocation of3,500 square feet for a total minimum lot area of 7,000 square feet. "3 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained. "4 - Zero foot (0 ') minimum side setback on one side as long as a minimum 12-foot separation between principal structures is maintained. "5 - Building distance may be reduced at garages to a minimum of 10 feet between garages where attached garages are provided. "6- Front entry garages must be setback a minimum of23' from edge of any provided sidewalk. Minimum 20' front yard may be reduced to IS' where the residence is served by a side-loaded or rear entry garage. For comer lots, fiont setback shall apply to short side of lot, the set back on the long side oflo!, may be reduced to a minimum of 15'. "7 - A conceptual plan for any tract utilized for zero lot line development shall be approved concurrent with a plat for the tract. 3-4 Agenda Item No. 88 October 26, 2004 Page 55 of 92 SECTION IV COMMERCIAL/OFFICE AREA "C/O" 4.1 PURPOSE The purpose of this Section is to set forth the permitted uses and development standards for areas designated as Tract "CO", Commercial/Office Area on Exhibit "A", MPUD Master Plan. 4.2 MAXIMUM COMMERCIAL/OFFICE SQUARE FEET The 44± acre Commercial/Office Area (Tract "CO"), shall be developed with not more than 200,000 square feet of commercial/office uses. 4.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses 1 1. Travel agencies (4724) 2. Any contractor business as defined in the Standard Industrial Classification Manual for the following Major Groups: a. 15- Building construction- general building contractors and operative builders (no outdoor storage permitted), b. 1711-1793, 1796 - 1799 Construction- special trade contractors (no outdoor storage permitted). 3. Any establishment engaged in printing utilizing common processes, classified under the following industry groups: c. a. 2711, 2721- Newspapers and periodicals: publishing or publishing and printing 4. General warehousing and storage (4225), indoor storage. 5. United States Postal Service (4311), except major distribution center. 6. Any retail businesses as defined in the Standard Industrial Classification Manual for the following categories: a. 521 - Lumber and Other building materials dealers b, 523 - Paint, glass, and wallpaper stores; 1 Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. 4-1 Agenda Item No. 88 October 26, 2004 Page 56 of 92 c. 525 - Hardware stores; d, 526 - Retail nurseries, lawn and garden supply stores d. Major Group 53 - General merchandise stores. 7. Any retail store engaged in selling food as defined under Major Group 54 in the Standard Industrial Classification Manual, except freezer food plants. 8. Any retail businesses engaged in selling automobile parts and accessories; and retail gasoline sales (with service facilities), as defined in the Standard Industrial Classification Manual for the following categories: a. 553 - Auto and home supply stores; b. 554 - Gasoline stations, including service stations and marine service stations. 9. Any retail businesses engaged in selling apparel and accessories as defined under Major Group 56 in the Standard Industrial Classification Manual. ] O. Any retail businesses engaged in selling home furniture, furnishings, and equipment stores as defined under Major Group 57 in the Standard Industrial Classification Manual. ] 1. Any retail establishment selling prepared foods and drinks, including alcoholic drinks (for consumption on the premises), as defined under Major Group 58 in the Standard Industrial Classification manual. Drinking places (5813) shall be permitted only in conjunction with eating places (58]2). 12. Any miscellaneous retail businesses as defined under Major Group 59 in the Standard Industria] Classification Manual, not including Industry Group Numbers: 593 - Used merchandise stores; 596 - nonstore retailers; 598 - fuel dealers 5999 - gravestones, police supply, sales barns; and not including the retail sale of fireworks. 13. Establishments operating primarily in the fields of finance, insurance, and real estate as defined under Major Groups 60,6], 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 14. Hotels/motels, 7011 not to exceed 150 units, with a maximum FAR of .60. Three hundred square feet minimum with a maximum unit size of 700 square feet. 15. Establishments operating primarily to provide persona] services as defined in the Standard Industrial Classification Manual for the following industry groups: 4-2 Agenda Item No. 88 October 26. 2004 Page 57 of 92 a. 721 - Laundry, cleaning, and garment services, only dry cleaning and coin laundry. b, 722 - Photographic portrait studios; c. 723 - Beauty shops; d. 724 - Barbershops; e. 725 - Shoe repair shops and shoe shine parlors; e, 729 - Miscellaneous personal services, only including 7291 - tax return preparation services, and 7299 personal services, only including car title and tag service, computer photography or portraits, dress suit and tuxedo rental, electrolysis (hair removal), hair weaving or replacement service and tanning salons. 16. Establishments operating primarily to provide business services as defined in the Standard Industrial Classification Manual for the following industry numbers: a. 7311 - Advertising agencies; b. 7313 - Radio, television, and publishers' advertising representatives; c. 7331 - Direct mail advertising services; d. 7334 - Photocopying and duplication services; e. 7335 - Commercial photography; f. 7336 - Commercial art and graphic design; g. 7338 - Secretarial and court reporting services; h. 7352 - Medical equipment rental and leasing; I. 7359 - Equipment rental and leasing, not elsewhere classified; J. 7371 - 7379 - Computer services; k. 7383 - News syndicates; l. 7384 - Photofinishing laboratories; m. 7389 - Business services except automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories-telephone, drive-away automobile, exhibits- building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or power line inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers. 17. 7513 - 7549 - Automotive repair, services, parking (except that this shall not be construed to permit the activity of "tow-in parking lots"), and carwashes (group 7542), abutting residential zoning districts shall be subject to the following criteria: a. Size of vehicles. Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. 4-3 Agenda Item No. 88 October 26, 2004 Page 58 of 92 ,,- b. Minimum yards. 1. Front yard setback: 50 feet. 2. Side yard setback: 40 feet. 3. Rear yard setback: 40 feet. c. Minimum frontage. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated street or highway. d. Lot size. Minimum 18,000 square feet. e. Fence requirements. If a carwash abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, six feet in height shall be erected along the lot line opposite the residential district and the lot lines perpendicular to the lot lines opposite the residential district for a distance not less than 15 feet. The wall shall be located within a landscaped buffer as specified in section 2.4,7, all walls shall be protected by a barrier to prevent vehicles from contacting them, f. Architecture. The building shall maintain a consistent architectural theme along each building façade. g. Noise, A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. h. Washing and polishing. The washing and polishing operations for all car washing facilities, including self-service car washing facilities, shall be enclosed on at least two sides and shall be covered by a roof. Vacuuming facilities may be located outside the building, but may not be located in any required yard area, 1. Hours of operation. Carwashes abutting residential districts shall be closed from 10:00 p.m, to 7:00 p,m. 18. 7841 - Videotape rental; 19. 7991 - Physical fitness facilities and 7999 - Amusement and recreation services, not elsewhere classified, including martial arts and dance instruction. 20. 8011 - 8059,8071-8072 - Health services, oncologists. 21. Establishments operating primarily to provide legal services as defined under Major Group 81 in the Standard Industrial Classification Manual. 4-4 Agenda Item No. 88 October 26, 2004 Page 59 of 92 22. Establishments providing educational services as defined in Major Group 82 in the Standard Industrial Classification Manual. 23. 8351-Child day care services 24. 8412- Museums and art galleries 25. Establishments operating a variety of membership organizations as defined in Major Group 86 in the Standard Industrial Classification Manual. 26. Establishments operating primarily to provide engineering, accounting, research, and management for the following industry numbers: 1. 8711 - Engineering services; 2. 8712 - Architectural services; 3. 8721 - Accounting, auditing, and bookkeeping services; 4. 8732 - Commercial economic, sociological, and educational research; 5. 8742 - Management consulting services; 6. 8743 - Public relations services; 7. 8748 - Business consulting services. 27. Offices of government as defined under Major Group 91 in the Standard Industrial Classification Manual. 28. Offices for police, fire and public safety Group 92. 29. Agricultural uses, however, agricultural uses shall cease upon recordation of development on the commercial tract. 30. Any other comparable land use as determined by the Board of Zoning Appeals. 31. Those uses outlined in Section 2.1 LA herein. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and Signage. 2. Caretaker's residences, 3. Outdoor storage of vehicles associated with a principal use; however, no outdoor equipment storage is permitted. 4.4 DEVELOPMENT STANDARDS 4-5 Agenda Item No. 88 October 26,2004 Page 60 of 92 A. Minimum lot area: 10,000 square feet. B. Average lot width: 100 feet. C. Minimum yards (internal): 1. Front Yard: 20 feet, except that a minimum 25 foot building setback shall be maintained trom Oil Well Road (C.R. 858). 2. Side Yard: None, or a minimum of 5 feet, with a minimum of 10 feet between structures. 3. Rear Yard: 15 feet. 4. Parcels with two frontages may reduce one tront yard by 10 feet. D. Minimum distance between principal structures: fifteen (15) feet. E. Maximum height: 45 feet, except for architectural appurtenances, which shall not exceed 60 feet. F. Minimum floor area: 1,000 square feet per principal structure, on the first finished floor, Kiosk vendor, concessions, and temporary or mobile sales structures are permitted to have a minimum floor area of 25 square feet and are not subject to the setback requirements set forth above. G. Maximum gross leasable floor area: 200,000 square feet. H. Off-street parking and loading requirements: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan approval. J. Architectural considerations: Commercial/office development in this MPUD shall have a common architectural theme for principal structures, which shall include landscaping, signage and color palate. Commercial/office development site design shall conform with the guidelines and standards of Division 2.8 of the LDC (ULDC Section 5.05.08). K. The distance and separation requirements for establishments selling alcoholic beverages for consumption on premises contained within Section 2,6.10 of the LDC shall not apply. There shall be no distance and separation requirement applicable to uses in the "C/O" district. L. Signage locations for residential and commercial components of the project may be permitted at the project entrances and / or within private and Community Development District roadway medians as shown on the conceptual master plan, subject to size and copy criteria found in the LDC. 4-6 "[ Agenda Item No. 88 October 26, 2004 Page 61 of 92 SECTION V COMMUNITY FACILITY DISTRICT "CF" 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Orange Blossom Ranch MPUD community designated on the Master Plan as the "CF" Community Facility District. 5.2 GENERAL DESCRIPTION Areas designated as "CF" Community Facility on the Master Plan are designed to accommodate a full range of community facility uses and functions. The primary purpose of the CF District is to provide for facilities that may serve the community at large with governmental, administrative, and recreational uses. 5.3 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, in whole or in part for other than the following, subject to regional, state and federal permits when required: A. Principal Uses I. Parks, golf courses, passive recreational areas, boardwalks, fishing piers. 2. Recreational shelters and restrooms. 3. Drainage, water management, irrigation for all properties within the MPUD and adjacent properties, and essential utility facilities. 4. Commercial excavation I earth mining, 5. Governmental administrative offices. 6. Public or private schools. 7. Educational services. 8. Childcare centers, 9. Those uses outlined in Section 2.II.A herein. B. Accessory uses and structures such as parking lots, walls, berms and signage, 5-1 Agenda Item No. 88 October 26, 2004 Page 62 of 92 5.4 DEVELOPMENT STANDARDS Development standards for all structures shall be In accordance with the following requirements: A. Minimum building setback shall be 25' for principal structures and 10' for accessory structures. B. Maximum height of structures - Thirty-five feet (35'). C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Community Design Guidelines and Standards, are to be in accordance with the ColIier County LDC in effect at the time of site development plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 5-2 H__I Agenda Item No. 88 October 26, 2004 Page 63 of 92 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Orange Blossom Ranch MPUD. 6.2 MPUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable State and local laws, codes and regulations except where specifically referred or modified herein. B. The MPUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries and acreage allocations shown on the plan are conceptual and approximate and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary subdivision plat or site development plan approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. 6.3 ENGINEERING A. Except as noted herein, all project development will occur consistent with Divisions 3.2 and 3.3 respectively, of the LDC. 6.4 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within utility easements shall be conveyed to the utility service provider of the service, pursuant to applicable Collier County Ordinances. B. Developer agrees that locations for a total of no more than five (5) potable water well sites will be made available for use by Collier County Utilities for the Northeast Regional Water Treatment Facilities. Conceptual locations as agreed upon by the Developer and Collier County are shown on Exhibit A. Three (3) of these well sites will be utilized only for wellheads and consisting of a well enclosed in a concrete vault structure, an above grade electrical control panel with telemetry interface and a driveway for access. Two (2) of these sites will be utilized for wellheads, a control building and a driveway for access, and must be located on, or adjacent to a non-residential tract. The control building will include electrical equipment and an emergency power generator unit. The three (3) wellhead sites without the control building will be located within a 30' X 30' easement area. The two (2) wellhead/control building sites will be no 6-1 Agenda Item No. 88 October 26, 2004 Page 64 of 92 more than 50' X 50' in dimension. Necessary pipeline and driveway easements will be granted. The County will landscape and maintain all sites to minimize impact in the community. The landscaping shall be compatible with that utilized in the Orange Blossom Ranch development. All driveway materials shall be similar to other driveways in the adjacent area. All concrete vault structures and control building shall be constructed to blend architecturally into the community. (This shall include but not be limited to exterior façade and finish, roofing, etc. To the maximum extent possible pipeline easements as necessary for raw water transmission main shall be located by the County in proposed roadways, adjacent to proposed rights-of-way, or along platted property lines. All final well site and pipeline locations shall be communicated to the Developer during the platting process of the development. Multiple platting of the project may occur. The County agrees upon request of the Developer to modify and adjust final well site and pipeline locations to best accommodate the uses in the Orange Blossom Ranch MPUD, and to ensure that the proposed well field and pipelines are compatible with and do not interfere with neighboring properties. C. Subject to written permission to provide the respective interim service from the Orangetree Utility or this land is removed from Orangetree's certificated area by the Collier County Water-Wastewater Authority, the developer shall be entitled to construct interim potable water and wastewater systems as areas are developed prior to construction or expansion of the existing central system serving the Orangetree PUD into the area encompassing the Orange Blossom Ranch MPUD. All such temporary facilities shall comply with applicable State and County regulations and shall acquire all necessary governmental permits. 6.5 WATER MANAGEMENT A. This project shall be designed in accordance with the Rules of the South Florida Water Management District at time of permitting. B. An excavation permit shall be required for the proposed lakes in accordance with Division 3.5 of the Collier County LDC. All lake dimensions shall be approved at the time of excavation permit approval, and shall be consistent with permits issued by the South Florida Water Management District. Excavated material may be moved within the limits of the MPUD and across canal easements or rights of way contiguous to the MPUD, and shall not be considered off-site excavation. C. The Orange Blossom Ranch conceptual surface water management system is described in the Surface Water Management and Utilities Report which has been included in the MPUD rezone application materials. D. This project shall be reviewed and approved by the Collier County Stormwater Management Section prior to construction plan approval. Lake sides lopes must conform to the requirements of Division 3.5 of the LDC (ULDC Chapter 3, Section 3,05.10). 6-2 -------,-_.~-_.- Agenda Item No. 88 October 26, 2004 Page 65 of 92 E. The project shall evaluate off-site flows coming onto the property ITom adjacent properties. The analysis shall ensure that there is sufficient capacity in the proposed perimeter by-pass swale system without causing flooding or causing adverse surface water conditions to such adjacent property owners. This information shall be provided at the time of construction plan review. F, The existing 90± acre lake may be excavated in accordance with Collier County commercial excavation permit requirements and South Florida Water Management District criteria, Off-site removal of excavated material is permitted. G. The entire MPUD shall be permitted to utilize the lake system designed in the residential/golf area and community facility area (90± area lake) for water management. 6.6 ENVIRONMENTAL A. This MPUD shall contain a minimum of 30% of project's acreage as open space which may consist of buffers, lakes, recreation areas and the like. 6.7 TRANSPORTATION The development of this MPUD Master Plan shall be subject to and governed by the following conditions: A. 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. B. All traffic speed limit postings must be in accordance with the Speed Zoning Manual as adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. C, 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. D. Road Impact Fees will be paid in accordance with Collier County Ordinance 01- 13, as amended. E. Except for the number of points of ingress/egress, until approved on a final site development plan or plat, 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 Staff. The County reserves the right to modify or close any ingress and/or egress location(s) to County maintained roads determined to have an adverse affect on the health, safety and welfare of the public, except that the project shall be guaranteed not less than 4 points of direct access to and 6-3 ----,""'--.--- Agenda Item No. 88 October 26, 2004 Page 66 of 92 from Oil Well Road. These include but are not limited to safety concerns, operational circulation issues and roadway capacity problems. F. Any and all median opening locations onto County maintained roads must be in accordance with the Collier County Access Management Policy, as amended, and LDC, as amended. Such median access and control will remain under the County's authority. The County reserves the right to modify or close any such 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 circulation issues and roadway capacity problems. G. Nothing in any development order w~ll vest the right of access onto county maintained road over and above a right in/right out condition. Neither will the existence of nor lack of a future median opening be the basis for any future cause of action for damages against the County by the Developer(s), its successor(s) in title, or assignee(s). H. The development will be designed to promote the safe travel of all users including pedestrians and bicyclists. Pedestrian and bicycle travel ways will be separated from vehicular traffic areas in accordance with recognized standards and safe practices, as determined by Collier County Staff. I. The Developer(s) must provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) on Oil Well Road prior to the issuance of the first permanent certificate of occupancy. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and/or right turn lane(s), are determined to be necessary, right-of-way and/or compensating right-of-way, will be provided in conjunction with said improvement(s), as determined by Collier County Staff. J. All work within Collier County right-of-way will meet the requirements of Collier County Ordinance No. 93-64. K. All internal access(es), drive aisles and sidewalk(s) not located within the County right-of-way will be maintained by an entity created by the Developer(s), its successor(s) in title, or assignee(s) or by a CDD. L. In order to facilitate future right-of-way improvements for Oil Well Road, the Developer agrees to reserve 75 feet along the north right-of-way line of Oil Well Road, and 25 feet along the south right-of-way line of Oil Well Road, for future dedication of a fee simple interest in such reserved areas to Collier County. At dedication, this reservation area will be considered a contribution of off-site improvements to the transportation network. The Developer shall be entitled to compensation for the dedicated right-of-way in the form of road impact fee credits pursuant to the provisions of Section 2.2.20,3.7, Collier County Land Development Code. Within 60 days of written request from Collier County, the Developer shall provide to County an attorney's opinion of title, which also identifies all parties holding liens against the reserved right-of-way, and to which 6-4 r'"' Agenda Item No. 88 October 26, 2004 Page 67 of 92 is attached a copy of the deed(s) evidencing record title, and hard copies of said liens against the property and within 90 days of aforesaid written request from Collier County, the Developer shall convey the reserved right-of-way to Collier County, via warranty deed, made free of all judgment and/or mortgage liens by the execution of such releases, \ subordinations, or satisfactions as may be necessary to accomplish same. The Developer shall be permitted to landscape and to irrigate the reservation areas until such time as clearing and grubbing shall begin on the Oil Well Road improvements, with the express understanding that the Developer shall not receive any compensation for the loss or relocation of said landscaping and/or irrigation located within the reserve area as a result of Developer's dedication and County's acceptance of the fee simple interest in the reservation area. M, Except for that corridor identified as public right-of-way to the CF parcel, access controls may be installed on all non-county roadways. 6,8 COMMUNITY FACILITY A. A 60-foot wide easement corridor for public right-of-way purposes shall be provided from Oil Well Road to the CF designated parcel as conceptually located on Exhibit "A", Conceptual Master Plan. Impact fee credits shall be provided to the developer in accordance with Ordinance 01-13, as amended, if authorized. The corridor shall be determined by the developer during the plat or site development review process, as may be applicable, and the developer shall have no responsibility to construct said roadway. The requirements of Subsection 2.2.20.3.7 of the LDC (ULDC Section 2.03.06) apply to this contribution. The instrument of conveyance shall provide for the vacation and/or abandonment of said easement if alternative access to Oil Well Road is obtained from outside the project boundary. 1. The existing 90± acre lake shall be donated to Collier County no earlier than two years from the date of MPUD approval, unless the County requests title transfer at an earlier date. A minimum written notice of 90 days shall be given to the developer of the County's intent to obtain title to the subject lake. The developer shall retain a perpetual drainage and irrigation easement in, on, under and over the lake for the benefit of the entire MPUD, for which reservation and use rights will be contained in the deed. 2. In consideration for the conveyance, the Developer shall at the time of conveyance to the County, receive community and regional park impact fee credits for an equivalent amount of the impact fees which otherwise would be required to be paid for all residential units constructed within the Orange Blossom Ranch MPUD. 6-5 -z.- Agenda Ite October Page BYLU JbIO NJCr10D __ ,1It'UJ1DtrIS'::.1 r ~- - --'~'-'¥-' IGMW .... M\I ,II 101 , ..... a:: ! "IWN'J W JGCnoo ................1 ¡~~ :1:1 ä~ ;!:nij ~II ~" f¡;ø I cr b ;¡ :J! ~ Ii! Ii II; " lilli ;j;' ¡IiI I~II ::: II:II I'll I II f ij ::: I Ii: <. ~i I!! I ~ _¥..__~~____ .._. _ _,,___ ø_. _ .NN._··_____... .... ...... "" .:::::.----. - ~-"._-~.__.._'" ; ¡ I þ ! b I ~ ! ,I , ~I I ¡ i - ..... .. ...... III III III i .1 ~I "- ~g <> ~! ~ II i. Ii! ~ arlS W f! r BIIZI I~. IIII n . 11-; liil '"U ~ I~ølllf!~ ~l'IIJ '¡i~ .If I !RII !W;~ !:w~ 'I' Ij! HI II~ III it IIi I "I 11\ f I ¡-- Agenda Item No. 8B October 26, 2004 Page 69 of 92 EXHIBIT B LEGAL DESCRIPTION ORANGE BLOSSOM RANCH PUD (DRAWING # B-2309-2) THREE PARCELS OF LAND LOCATED IN SECTIONS 13 , 14 AND 24, TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND SECTIONS 18 AND 19, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: PARCELl COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 88°50'06" WEST, ALONG THE soum LINE OF mE SOUTHEAST QUARTER OF SAID SECTION 13 FOR A DISTANCE OF 2.68 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE RUN NORm 00°30' II" WEST FOR A DISTANCE OF 50.01 FEET TO A POINT ON mE NORm RIGHT OF WAY liNE OF OIL WELL ROAD (C.R.858) AND THE POINT OF BEGINNING OF mE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SOUTH 88°50'05" WEST, ALONG SAID NORTH RIGHT OF WAY LINE FOR A DISTANCE OF 2,677.95 FEET; THENCE RUN SOUTH 89°35'35" WEST, ALONG SAID NORTH RIGHf OF WAY LINE FOR A DISTANCE OF 1,051.57 FEET TO A POINT ON THE EAST LINE OF A ISO FEET WIDE NORTH-SOUTH DRAINAGE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1433 AT PAGES 509 THROUGH 517 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00°29'46" WEST, ALONG SAID EAST LINE FOR A DISTANCE OF 4,173.91 FEET TO A POINT HEREINAFTER REFERED TO AS POINT "B", THE SAME BEING A POINT ON THE SOUTH LINE OF A 150 FOOT WIDE CANAL MAINTENANCE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1322 AT PAGE 1903 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TIIENCE RUN NORTH 89°33'04" EAST, ALONG SAID SOUTH LINE FOR A DISTANCE OF 3,729.66 FEET TO A POINT ON THE WEST LINE OF NORTH GOWEN GATE CANAL, (AN 80 FOOT WIDE RIGHf OF WAY); THENCE RUN SOUTH 00°29'30" EAST, ALONG SAID WEST LINE FOR A DISTANCE OF 4,141.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 356.387 ACRES, MORE OR LESS. TOGETHER WITH PARCEL II COMMENC:ç: AT mE HEREINABOVE DESCRIBED POINT "B" THE SAME BEING THE NORTHEAST CORNER OF A 150 FOOT WIDE NORTH-SOUTH DRAINAGE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1433 AT PAGES 509 THROUGH 517 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89°33'04" WEST, ALONG THE NORTH LINE OF SAID NORTH-SOUTH DRAINAGE EASEMENT FOR A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SOUTH 00°29'46" EAST, ALONG TIlE WEST LINE OF SAID NORTH-SOUTH DRAINAGE EASEMENT FOR A DISTANCE OF 1,820.00 FEET; THENCE RUN SOUTH 89°33'05" WEST FOR A DISTANCE OF 1,463.41 FEET TO A POINT ON THE WEST LINE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE CONTINUE SOUTH 89°33'05" WEST FOR A DISTANCE OF 1,018.80 FEET; THENCE RUN NORTH 00°29'30" WEST FOR A DISTANCE OF 1,427.55 FEET TO A POINT ON THE SOUTIIERL Y LINE OF A ISO FOOT WIDE CANAL MAINTENANCE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1322 AT PAGE 1903 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 74°32'31" EAST, ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF 1,063.68 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 13; THENCE CONTINUE NORTH 74°32'31" EAST, ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF 451.69 FEET; THENCE RUN NORTH 89°33'04" EAST, ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF 1,018.10 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 97.113 ACRES, MORE OR LESS. TOGETHER WITH PARCEL ill COMMENq: AT THE HEREINABOVE DESCRIBED POINT "A"; THENCE RUN SOUTH 00°24'57" EAST FOR A DISTANCE OF 50.01 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF OIL WELL ROAD (C.R.858), THE Page 1 of2 LEGAL DESCRIPTION ORANGE BWSSOM RANCH PUD (DRAWING # 8-2309-2) Page 2 of2 Agenda Item No. 88 October 26, 2004 Page 70 of 92 SAME BEING A POINT ON THE WEST LINE OF NORTH GOLDEN GATE CANAL, (AN 80 FOOT WIDE RIGHT OF WAY) AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED THENCE RUN SOUTH 00°29'18" EAST, ALONG SAID WEST LINE FOR A DISTANCE OF 920.94 FEET TO A POINT ON THE EAST LINE OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE CONTINUE SOUTH 00°29'18" EAST, ALONG SAID WEST LINE, FOR A DISTANCE OF 1,819.06 FEET; THENCE RUN SOUTH 89°30'46" WEST FOR A DISTANCE OF 4.33 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24; THENCE CONTINUE SOUTH 89°30'46" WEST FOR A DISTANCE OF 395.66 FEET;; THENCE RUN NORTH 58°31 '29" WEST FOR A DISTANCE OF 1,010.00 FEET; THENCE RUN NORTH 88°17'01" WEST FOR A DISTANCE OF 645.91 FEET; THENCE RUN SOUTH 81°45'31" WEST FOR A DISTANCE OF 230,00 FEET; THENCE RUN NORTH 47°05'10" WEST FOR A DISTANCE OF 686.83 FEET; THENCE RUN NORTH 31 °29'29" WEST FOR A DISTANCE OF 300,00 FEET; THENCE RUN NORTH 50°28'29" WEST FOR A DISTANCE OF 630.00 FEET; THENCE RUN NORTH 39°58'29" WEST FOR A DISTANCE OF 255.00 FEET; THENCE RUN NORTH 00°24'25" WEST FOR A DISTANCE OF 850.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF OIL WELL ROAD (C.R.S58); TIlENCE RUN NORTH 89°35'36" EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, FOR A DISTANCE OF 749.99 FEET; TIlENCE RUN NORTH 88°50'07" EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, FOR A DISTANCE OF 2,677.38 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONT AlNING 162.431 ACRES, MORE OR LESS. LESS AND EXCEPT A PORTION OF THE HEREINABOVE DESCRIBED PARCEL I (DRAWING: B-2754-A) A PARCEL OF LAND LOCATED IN THE SOUTH 1/2 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00°47'09" WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF OIL WELL ROAD (COUNTY ROAD 858), A 100 FOOT WIDE RIGHT-OF-WAY, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SOUTH 89°35'35" WEST, ALONG SAID NORTH RIGHT-OF- WAY LINE, FOR A DISTANCE OF 1,051.57 FEET; THENCE RUN NORTH 00°29'46" WEST FOR A DISTANCE OF 1,016.90 FEET; THENCE RUN NORTH 89°30'14" EAST FOR A DISTANCE OF 1,778.74 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE WEST, WHOSE RADIUS POINT BEARS SOUTH 50°56'33" WEST, A DISTANCE OF 25.00 FEET THEREFROM; TIIENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 25,00 FEET, THROUGH A CENTRAL ANGLE OF 38°57'10", SUBTENDED BY A CHORD OF 16.67 FEET AT A BEARING OF SOUTH 19°34'52" EAST, FOR A DISTANCE OF 17.00 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 00°06'17" EAST FOR A DISTANCE OF 129.08 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCA VB EAST; THENCE RUN SOlITHERL Y, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 360.00 FEET, THROUGH A CENTRAL ANGLE OF 37°20'49", SUB TENDED BY A CHORD OF 230.53 FEET AT A BEARING OF SOUTH 18°46'42" EAST, FOR A DISTANCE OF 234.66 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 37°27'06" EAST FOR A DISTANCE OF 48.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WEST; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 190.00 FEET, THROUGH A CENfRAL ANGLE OF 37°32'05", SUBTENDED BY A CHORD OF 122.26 FEET AT A BEARING OF SOUTH 18°41'04" EAST, FOR A DISTANCE OF 124.47 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 00°04'59" WEST FOR A DISTANCE OF 444.49 FEET; THENCE RUN SOUTH 44°27'32" WEST FOR A DISTANCE OF 64.33 FEET TO A POINT ON THE NORTH RIGHT -OF- WAY LINE OF SAID OIL WELL ROAD; THENCE RUN SOUTH 88°50'05" WEST, ALONG SAID NORTH RIGHT-OF- WAY LINE, FOR A DISTANCE OF 821.73 FEET TO THE POINT OF BEGINNING; CONTAINING 43.664 ACRES, MORE OR LESS. Page 2 of2 [' ~, Agenda Item No, 88 October 26, 2004 Page 71 of 92 EXHIBIT "c" PROPERTY OWNERSHIP Folio Number 00209961102 Bryan W. Paul, Family Limited Partnership 00209961500 Bryan W. Paul, Family Limited Partnership 00210042007 Bryan W. Paul, Family Limited Partnership 00210650004 Bryan W. Paul, Family Limited Partnership 00210660201 Bryan W. Paul, Family Limited Partnership 00210660104 Bryan W. Paul, Family Limited Partnership 00210660007 Bryan W. Paul, Family Limited Partnership Bryan W. Paul Bryan W. Paul, Family Limited Partnership Bryan W. Paul Bryan Paul, Incorporated Bryan W. Paul F:\JOB\ORANGE BLOSSOM RANCH\PUDIEXHIBIT C,doc Agenda Item No. 88 October 26,2004 Page 72 of 92 TRAFFIC IMPACT STATEMENT ORANGE BLOSSOM RANCH PUD REZONING December 23, 2003 ORANGE BLOSSOM RANCH PUD REZONING Oil Well Road Naples, Florida Prepared For: Brian Paul Citrus, Inc. P. O. Box 2357 Highway 78-A Labelle, Florida 33935-2357 Prepared By: Vanasse & Daylor LLP Job # 80634.02 Rev.2 12730 New Brittany Boulevard, Suite 600, Fort Myers, Florida 33907 T 239.437.460 I F 239,437.4636 w vanday.com ..._----"'--,.- Agenda Item No. 88 October 26, 2004 Page 73 of 92 STATEMENT OF CERTIFICATION I certify that this TRAFFIC ANALYSIS has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. Reed Jarvi P.E. Florida Registration #40156 VanasseDaylor, LLP 12730 New Brittany Boulevard, Suite 600 Fort Myers, Florida 33907 (239) 437-4601 Collaborator: E. Randy Spradling Agenda Item No. 88 October 26, 2004 Page 74 of 92 TABLE OF CONTENTS PROJECT DESCRIPTION".,.... ................. ........................ ....,........'... .......,....,........' ..... ......... ............ 1 TRIP GENERATION... ............................. .....,.... ................................... .................. ...... .......". ............ 1 TRIP DISTRIB UTI ON AND ASSI GNMENT .............................,... ............................... .,................ 4 BACKGROUND TRAFFIC.......... .....................,........ ..... .............. ....... ....................... ......................,4 AREA OF INFLUENCE........... .........',.......'",.............,....... ..........,.............................. ........... ............ 6 EXISTING AND FUTURE ROADWAY NETWORK ....................................................................6 PROJECT IMPACTS TO AREA ROAD NETWORK .....................................................................6 ROADWAY LINK ANAL YSES ........................................................................................................7 INTERSECTION ANALYSES ,................ ,.... ............. ..... ......................'.......................... ................ 10 IMPROVEMENT ANALYSIS ...,."..........".........................,.................... ........., ................... ........... 12 IMPROVEMENTS TO ACCOMMODATE NON -SITE TRAFFIC .........................................13 MITI GA TI ON OF IMPACT ...... ............. ........ .................. .......... ......... ............ ........ ......... ......... ....... 14 Orange Blossom Ranch PUD Rezoning Page i Table of Contents Agenda Item No. 88 October 26, 2004 Page 75 of 92 PROJECT DESCRIPTION Vanasse & Daylor, LLP, was commissioned to evaluate the traffic impacts associated with the proposed Orange Blossom Ranch Planned Unit Development (PUD). The Orange Blossom Ranch PUD project is located on Oil Well Road (CR 858), approximately 1 mile east of Immokalee Road, in northern Collier County (see Exhibit 1). Two access roads are planned to connéct to Oil Well Road. The following land use data were assumed in this study: Table I-Development Program Land Use Single Family (LU 210) Multi Family (LU 230) Shopping Center (LU 820) General Office (LU 710) Regional Park (LU 417) Total Size 880 DU 720 DU 100,000 Sq. Ft 50,000 Sq. Ft 100 Acres Build-out Year 2015 2015 2015 2015 2015 TRIP GENERATION The potential number of site-generated trips was estimated using rates ITom the Institute of Transportation Engineers' Trip Generation Manual (7th Edition) and the previously presented land development program. The trip generation equations shown below were used for this report, Trip Generation Equations Single-Family (LU 210): Multi-Family (LU 230): ADT: Ln (T) = 0.92 Ln (X) + 2.71 AM Pk Hr.: (T) = 0.70 (X) + 9.43 PM Pk Hr.: Ln (T) = 0.90 Ln (X) + 0.53 ADT: Ln (T) = 0.85 Ln (X) + 2.55 AM Pk Hr.: Ln (T) = 0.80 Ln (X) + 0.26 PM Pk Hr.: Ln (T) = 0.82 Ln (X) + 0.32 ADT: Ln (T) = 0.643 Ln (X) + 5.866 AM Pk Hr.: Ln (T) = 0.596 Ln (X) + 2.329 PM Pk Hr.: Ln (T) = 0.660 Ln (X) + 3.403 Shopping Center (LU 820): Agenda Item No. 8B October 26, 2004 Page 76 of 92 .- General Office (LU 710): Regional Park (LU 417): ADT: Ln (T) = 0.77 Ln (X) + 3.65 AM Pk Hr.: Ln (T) = 0.797 Ln (X) + 1.558 PM Pk Hr. (Weighted Average): T = 1.49 (X) ADT: T = 4.57 (X) AM Pk Hr.: T = (Not Available) PM Pk Hr: (Weighted Average): T = 0,20 (X) The above equations were used with the land use data provided to generate the estimated trip generations for the project as shown in Table 2A. 2A· LAND USE Totals The project is located in the central/north area of the development known as the "Orange Tree Area." There are several thousand residential dwelling units existing or planned for construction within a one-mile radius of this development. The retail and office portions of this project will comprise a "Town Center" -type development concept for the area, with neighborhood shopping and office uses near these residential dwellings. Many of the shopping and business trips that will be generated by the neighboring residential developments will likely be attracted to the proposed retail and office uses, rather than to similar uses along lmmokalee Road west of Orange Blossom Ranch. Because these trips will not use Immokalee Road, they will have characteristics that are more closely related to "Internal Capture" trips for a large development instead of primary trips. These trips will be treated as though they are internal capture trips, rather than as new external trips. According to Table 7.1 and 7.2 of the HE Trip Generation Handbook, the retail (shopping center)-to-residential internal capture is 9-12% of the retail trips, or 31-53% of the residential trips. Since there are several thousand existing and planned residential units within a mile or two of the commercial portion of this development, approximately 50% of the proposed retail Orange Blossom Ranch PUD Rezoning Agenda Item No. 8B October 26,2004 Page 77 of 92 trips and about 20% of the office trips were assumed as being internally captured. Approximately 20% of the residential trips were assumed associated with nearby retail development and schools adjacent to the project. Additionally, a regional park will be constructed inside the development environs. Approximately 50% of the regional park trips were assumed to be internally captured trips, and about 20% of the residential trips were assigned to the recreational use. Table 2B shows the estimated trip generations adjusted for internal capture and pass-by traffic. See Appendix B for Table 7.1 and 7.2 from the ITE Trip Generation Handbook. 28 - PM Peak Hour Trip Generation Adjusted for Internal Capture. PM Peak ~ Eo.t.e.r. fxi.t... Center 427 -213 Si~~I~:Fan1ilr(Ll!21 . 880 DU Internal Capture 20% 75 13 62 -15 -3 -12 207 263 273 -97 100 -41 91 41 50 -46 -8 -38 896 648 248 5 II General Office(LU ]1.9): 50,000 SF Internal C~pture~O% Subtotal Multi:~~n1ily(~U~3~):.. 720 DU Internal Capture 20% ~:~io~~~..~.~r.~(~U4ID:. 100Ac Internal 50% Subtotal Orange Blossom Ranch PUD Rezoning Agenda Item No. 88 October 26, 2004 Page 78 of 92 TRIP DISTRIBUTION AND ASSIGNMENT The traffic generated by the development was assigned to the adjacent roadways using the information on the area and as directed by Collier County staff. The site-generated trip distribution is shown in Table 3 and on Exhibit 2. .!~~II!.~_:!Eil.f.~~.gi.s~~i~.LI~i()r'lF'l!a~~()LI~ (~et E xte ~11_a.I!E~ps) Residential ROADWAY Immokalee Rd Collier Blvd (CR 95 I) 1-75 Oil Well Rd (CR 858) Everglades Blvd "..~.. ·w",m~."'·.,.,,~,,"'m_·_~"__,^ .w"~m_",,~ Commercial - LOCATION 'N of Oil Well Rd ¡ E of Everglades Blvd i E of Collier Blvd 'W of Collier Blvd W of 1-75 ! N of Vanderbilt Beach Rd ,S of Vanderbilt Beach Rd .- N of Immokalee Rd ¡ S of Immokalee Rd ¡ W of Project : E of Project : E of Everglades Blvd is of Oil Well Rd is of Golden Gate Blvd º-ill. Qlll. 10% 5% 20% 10% 2% 5% 2% 20% 10% 60% 30% 20% 20% 10% 5% 5% 80% 20% 10% 10% 5% 2% 2% 60% 40% 5% 10% 2% BACKGROUND TRAFFIC A verage growth rates were estimated for every segment of the arterial and major collector roadway network in the study area using the Collier County 2000-2020 Cost Feasible Florida Standard Urban Transportation Model Structure (FSUTMS) that was provided by the Collier County Metropolitan Planning Organization (See Appendix C). These growth rates ranged between 1.0% for 1-75 and 3.3% for Collier Boulevard near Vanderbilt Beach Road. Orange Blossom Ranch PUD Rezoning Agenda Item No. 88 October 26,2004 Page 79 of 92 These data were used to develop an average growth rate for use in projecting traffic volumes on the study area network, Table 4 and Exhibit 3 present the projected Average Daily Traffic and Peak Season Peak Hour volumes that are computed for this study. :!¡a.h,1t!4~m~rojectede.ac.~gr.ou.l1d Tr.affic Year 2015 ,." ,_ ,. 'A" __, _,... 'A' ,."._ ~_ ..,.,.."",_<."..~,~,·.w. ,_.~~^,~_o,~ 2002 2002 2015 Peak ADT D Pk Hour Growth ROADWAY lOCATION Qlr.. 2-WAY K250 .E.lli2r Pk Dir.3 Rate 4 Pk Hour 'N of Oil Well Rd NB 14.950 9.2% 66.0% 865 3.0% 1,270 5B 34.0% 445 650 E of Everglades Blvd EB 5.086 9.2% 66.0% 294 430 ,."~'-'--'-'~ -"""".""',. . '·'".~m"~~"<-.".,..",.,..,""·"," 3.0% '-'^"".~' WB 34.0% 152 220 EB 56.8% 1.102 1,680 Immokalee Rd E of Collier Blvd 22,138 9.2% 3.3% WB 43.2% 838 1.280 of Collier Blvd EB 63.0% 1,186 1.790 W 21,489 9.2% "A·m~_._·"·~ "A ^,,"---,^,'- 3.2% ,.'.'.,~ p- WB 37.0% 697 1.050 W of 1-75 EB 63.0% 2.155 3,240 9.2% 3.2% WB 37.0% 1,265 1,910 N of Vanderbilt Beach Rd NB 18,042 9.2% 54.0% 854 3.3% 1,300 "~'^ ^ . .~.,~..n_·_.,_.._"W Collier Blvd 5B 46.0% 727 1,110 (CR951) 5 of Vanderbilt Beach Rd NB 22,415 66.0% 1,296 1,980 9.2% 3.3% 5B 34.0% 668 1,020 N of Immokalee Rd 5B 67,000 9.2% 50.7% 2,976 1.0% 3,390 1-75 I NB 49.3% 2.894 3,290 5B 50.4% 2,293 2,750 5 of Immokalee Rd 5 I ,928 9.2% 1.4% "w,_.,,~<·~> NB 49.6% 2,257 2.700 W of Project EB 56.0% 345 530 6,667 9.7% 3.3% WB 44.0% 271 410 Oil Well Rd EB 56.0% 276 420 (CR 858)2 E of Project 5,340 9.7% 0'""'" ...._.~,.."~,"- ~.~~.·.'A.,.,,""""'''' 3.3% WB 44.0% 217 330 EB 56.0% 276 420 E of Everglades Blvd 9.7% 3.3% WB 44.0% 217 330 5 of Oil Well Rd NB 4.448 9.7% 56.0% 230 3.3% 350 Everglades Blvd2 5B 44.0% 181 280 NB 56.0% 222 340 5 of Golden Gate Blvd 4,294 9.7% " 3.3% 5B 44.0% 175 270 \. 1-75 data from 1998 to 200 I. 2. Use long term FSUTMS growth rate for Immokalee Road. 3. Includes truck factor of 0.9524. 4. Growth rate determined utilizing 2000 - 2020 FSUTMS Cost Feasible Traffic Projections obtained from MPO. Orange Blossom Ranch PUD Rezoning Agenda Item No. 88 October 26, 2004 Page 80 of 92 AREA OF INFLUENCE The existing roadway network in the area of the project is shown on Exhibit 1. The area of influence was estimated using the 3/3/5 rule in accordance with the Collier County Land Development Code. This means nearby roadway links were analyzed outward from the project until the project traffic was found to be less than 3% on the link that is accessed by the project, less than 3% on the next adjacent link or less than 5% on any of the next links, whichever applied. EXISTING AND FUTURE ROADWAY NETWORK The existing roadway conditions for the area of the project were used as a base to provide the network for 2009. The future conditions (expansions from current conditions only) for the roadways in the adjacent area are shown in Table 5. Table 5 - Proposed Roadway Improvements Roadway Immokalee Rd From Collier Blvd Golden Gate Blvd To Oil Well Upgrade 6-Lane 6-Lane Construction 2003 2004 Collier Blvd Immokalee Rd By 2015, Oil Well Road will need to be widened to a 4-lane facility in order to accommodate the development expected for both the "Orange Tree Area" development area and the future Ave Maria University, For purposes ofthis study, Oil Well Road was assumed to be a 4-lane highway, PROJECT IMPACTS TO AREA ROAD NETWORK Roadway network impacts were evaluated by comparing the measures of effectiveness (MOEs) for the total buildout traffic scenario with the background traffic conditions. The Level of Service (LOS) was the MOE used for this analysis. Roadway segments inside the Area of Influence, and selected intersections, were analyzed to determine the roadway element's LOS, Orange Blossom Ranch PUD Rezoning Agenda Item No. 88 October 26, 2004 Page 81 of 92 ROADWAY LINK ANALYSES Collier County developed Level of Service tables for numerous roadway segments under its jurisdiction. The roadway link capacities were determined using these tables, According to Collier County Ordinance 03-0] Section 3.] 5.6.4,3: "Significance Test: Impact for the impact traffic analysis purposes for a proposed development project will be considered significant: 1. on those roadway segments directly accessed by the project where project traffic is equal to or greater than 3% of the adopted LOS standard service volume; 2. for those roadway segments immediately adjacent to segments which are directly accessed by the project where project traffic is greater than or equal to 3% of the adopted LOS standard service volume; or 3. for all other adjacent segments where the project traffic is greater than 5% of the adopted LOS standard service volume. Once traffic from a development has been shown to be less than significant on any segments using the above standards, the development's impact is not required to be analyzed further on any additional segments." ]n other words, a project will have a significant and adverse impact on a state or regionally significant roadway only if both of the following criteria are met: (]) the project will utilize 3 percent or more of the maximum peak hour service volume at the adopted level of service standard for the adjacent and next to adjacent link; 5 percent for the other links; and (2) the roadway is projected to operate below the adopted level of service standard. The Leve] of Service tables developed for Immokalee Road west of Collier Boulevard were used for those segments west of Collier Boulevard. Since Immokalee Road east of ColIier Bou]evard will be widened from two lanes to a six-lane highway in order to accommodate future traffic growth associated with development occurring along that corridor, the Leve] of Service tables completed by the County for Collier Boulevard, from US 4] to Rattlesnake Hammock Road, were used in these analyses, These tables were selected for use because they have characteristics that are similar to what can be expected with the future construction program. Because Collier Boulevard south of Immokalee Road will soon be widened to a 6-1ane facility, the Level of Service tables developed for Collier Boulevard, from Pine Ridge Road to Golden Gate Bou]evard, were used, Orange Blossom Ranch PUD Rezoning - The Level of Service tables tbat Were completed by the County in 200 I for 1-75 both nort!¡ and south of Imm ok alee Road Were used for those segments. Agenda Item No. 88 October 26, 2004 Page 82 of 92 The Level of Service tables for a Collector Road, Ji-om the DaVid Plummer & Associates , lnc. report titled CoWer Coun Service Volume V date Final Re ort, completed in 1998 for CoWer County, Were used in the analYses of both Oil Well Road and Everglades Boulevard. Copies of the Level Of Service tables used in these analyses are in Appendix D. The distributed site-generated trips Were added to the Peak Season Peak Hour directional background traffic Ji-om Table 4 to determine the Buildout Year Peak Season Peak Hour Total Volume. The Level of Service analysis results, with and without the site-generated trip assignments, are also presented in Table M. If the site-generated traffic volume on a link Was lower than the 3/3/5 rule threshold values, the project Was deemed "Not Significanf' for that particular link and therefore Was not calculated. The results show that the adjacent roadway network Is projected to remain within Level of Service Standards in 2015 with the Proposed development. The results sbow that, although several links will be significantly impacted (volumes greater than 3% of standard) by this project by 2015, Oil Well Roed between 1mmokalee ROad and the project site is the only link that tbe analysis indicate will be adversely impacted (LOS below standard), based on the link analyses. This adverse impact will occur because Oil Well ROad is CUlTentIy a two-lane two-way road. CUlTently, no plans are underway to improve Oil Well Road, Orange Blossom Ranch PUD RezOning - <.-----. -'" "......-.--..... ~_.,...,.,..~ Agenda Item No. 8B october 26,2004 Page 83 of 92 Table 6A' Leyel of Serti<:e (PSPH: Dire<:tional) '(earlOlS ~ ~ Peak Dir. pM pM Peak Peak ToG! T ralf" L05 % proi· w/pr. Traffic N 01 Oil Well M E 01 Eyerglades Blyd W 01 Collier Blyd Immokalee Rd' E of Collier Blyd W 011-75 N 01 Vanderbilt Beach Rd Collier Blyd (CR 951) 5 01 Vanderbilt Beach Rd . N 01 Immokalee Rd 1-75 5 ollmmokalee Rd W 01 Project E 01 projeCC '.Oil Well Rd (CR 858) E 01 Eyerglades Blyd 5 of Oil Well M Eyerglades Blyd "' A"""" m. """'" ,,,,0< '. 'N" "..""." .....,w· m, CO, ,~"", " ,,' ...... Although the analysis shown in Table 6A suggests that the service level will deteriorate because of the Orange Blossom Ranch project, the significance may be overstated. Two developments are identified that will impact Oil We1l Road: Orange Tree, and Ave Maria University community. Other developments could be approved on lands east of Orange Blossom Ranch that could also adversely impact Oil We1l Road. 5 of Oil Golden Gate Blyd Given the traffic demands that will likely occur both from the "Orange Tree Area" development surrounding this project, and the probable impacts associated with the Ave Maria University community planned east of this development, serious consideration should be given to improving Oil We1l Road to a facility with twO through lanes in each direction. Table 6B showS the resulting improvement in the service level of Oil We1l Road if it were four,laned from Immokalee Road to the project site, The significance also reduces because of the resulting higher service volume. Orange BloSSOm Ranch PUO Rezoning Agenda Item No. 88 October 26, 2004 Page 84 of 92 If Oil Well Road were not widened, the directional reserve capacity without the project would be approximately 391 vph. Assuming that surrounding development did not accelerate the background traffic growth beyond the assumed rates, approximately 61 % of the site-generated trips for Orange Blossom Ranch could be accommodated without exceeding the LOS threshold value. Although the land development program could be adjusted numerous ways to provide a project that did not exceed the 61 % threshold value, if the commercial, golf course and recreational land use compositions were maintained, the result would be a reduction of the residential units that could be built before triggering the improvement need. One residential mix would consist of 520 single-family and 320 multi- family dwelling units, which would be about 60% of the proposed single-family, and about 45% of the proposed multi-family, units that could be constructed before crossing the threshold, That threshold would likely be crossed by 20 I O. RO~DWAY Oil Well Rd . (CReSe) .L()C:A TION of Project INTERSECTION ANALYSES Intersection service levels were analyzed using the SYNCHRO® and SIM- TRAFFIC®, two software packages developed and sold by Trafficware, Inc, SYNCHRO® is a traffic network analytical package that is used to evaluate the operating conditions of signalized and unsignalized intersections, optimize signalized intersection cycle lengths and splits, and develop coordinated signal progression plans. This software package computes MOEs consistently with the Transportation Research Board publication Highway Capacity Manual 2000 (HCM). SIM- TRAFFIC® is a graphical animation software that uses the data trom SYNCHRO® to develop an animated model to allow the analyst to gain a better understanding of the probable operating characteristics on the studied roadway system. Capacity analyses were conducted on the existing and proposed roadway links and intersections that are inside the study area. Orange Blossom Ranch PUD Rezoning - ~,..._- ·--"0'__,_....__,.._.., Agenda Item No. 8S October 26, 2004 Page 85 of 92 F our site accesses are proposed for Orange Blossom Ranch. The western access will be a four-leg intersection, and the remaining three accesses will be three-legged intersections. All four site accesses were initially evaluated as unsignalized intersections operating with side- street STOP control. If service levels were found deficient, improvements were applied to the analyses until acceptable service levels were obtained. The Immokalee Road & Oil Well Road intersection is currently signalized. The site accesses were first analyzed as unsignalized intersections, then as signalized if geometric improvements could not be applied to improve the service levels. Copies of the analyses are contained in Appendix D. Table 7 A presents the Intersection Capacity Analysis results for the 2015 PM Peak Hour. According to the analyses, the Immokalee Road (6-lane) & Oil Well Road (2-lane) intersection is expected to continue to operate acceptably with full buildout (1,950 du's) site- generated traffic, although some minor improvements could be applied that would dramatically improve overall intersection operations. INTERSECTION Oil Well Rd (2-lane) & West Access Background Traffic Signalized Delay, 1..Q.S Sec/veh ... Unsignalized Conrtolling Delay, ~ 1..Q.S Seclveh .!~~I~?~.:.II'I~~r:~~~~i()nC:;IS.)IS.~i~y~nIS.IY5is Results - 2015 PM Peak Hour N/A NBL F ERR N/A N/A SBLR F 70 N/A N/A SBLR F 62 N/A N/A SBLR C 17 N/A B 15 N/A C 32 East Center Access East Access Immokalee Rd (6-lane) & Oil Well Rd (2-lane) The unsignalized intersection analyses indicate that the three western site accesses will operate poorly at Buildout. Although the through traffic will continue to operate at LOS C or better, traffic approaching the intersections on the side streets will experience extremely high delays. This is a result of the lack of available gaps needed for the side street left turn movements. Orange Blossom Ranch PUD Rezoning ,.-~, '~'-~,'~--~--_-. .. Agenda Item No. 88 October 26, 2004 Page 86 of 92 Closer examination of the printouts indicate that the left turn movements are responsible for the delays. Adding a second side street approach lane to the West Center and East Center Accesses will dramatically improve the approach service levels. Of the three, the worst MOEs were found on the West Access, where the computed delays exceed the program's ability to generate an output. The only effective solution to this anticipated deficiency is to signalize this intersection. Table 7B presents the improvements analysis results. As can be seen these improvements will provide dramatically lower MOEs when compared with the initial total traffic analyses. It is noteworthy that the intersection capacity analyses were all conducted with one through lane in each direction. These results strongly suggest that the four-Ianing on Oil Well Road may not be needed in order to allow the project to develop to the proposed buildout conditions. '·A'-.·"y^,·',w"w-m~'~'cMY_~··, h '~..-~-, ..W','·.''''·,'~Y'''''' ""_,",.., ·'W.',",w.'~'m,,"^ ''''A'·_'·Nm__v."·^,·,._.'_·,~~-N^·'''·.'U.'·.'·.'''.''.·~v,,.·.·_·,.-.YW,.._yw·,'.',~.,__...-N.w_.._. ",~" -',,'," .,....' -',.'v'.~v·m"·'''.·_''.W.'·__,,_w._'._.w'''_ -"~."~~~''^'''-'''.''_''~__'·'H'''''m.'' Œ~~"I_!..!~...~..I.!:'!.!.r.:~.!c:!~.~.,:,.}"od..ifi.c:.~ti.~ r'I...~I1~~Ys i.s..~I!.s.IJ.lts . n·~'·",''-'' "·h""~,'...-c" , "'·"'."·T'·'___~_ -~__"~"~'F.'."_-m·'''''_, Total Traffic .. ~~si~naliz~d ·.~i¥.~a~.i.~.~.~. · Conrtolling Delay. Delay, Approach . J...QS. Sec/veh: J...QS. : Secfveh INTERSECTION :C:>il.""-':I.I..~ ~.(~=I~ne).& West Access U' __ __..' F~'_~'-U' ""_~·W·',".·~·'._~'·^' A·".'_......~.·.., _,' '.' West Center Access East Center Access Immokalee Rd (6-lane) & Oil Well Rd (2-lane) MODIFICATION .. "'m.~~~~~I.i~~!i~~. SB Exc!. LT & RT SB Exc!. LT & RT WB Exc. Left, Shared Left/Right NfA SBL&R E SBL&R E 39 43 B II iN'.'v,~'.",._.~,Yc_cC>" NIA NfA NIA B 20 TRAFFIC SIGNAL WARRANT ANALYSIS The site accesses were evaluated to determine whether they warranted traffic signals. The evaluations were done in accordance with the Traffic Signal Warrants published in the Millennium Edition of the MUTCD. For this study, the Peak Hour Warrant (Warrant 3) was the only warrant that was evaluated, Since the critical speed of the major streets will be greater than 40 MPH, the 70% volume level was used. Copies of the warrant studies are contained in Appendix D. Orange Blossom Ranch PUD Rezoning .__._'-~----- . ,.... Agenda Item No. 88 October 26, 2004 Page 87 of 92 Although the three western site accesses may have future volumes that could warrant traffic signals, the capacity analyses indicated that only the westernmost access will have unacceptable unsignalized intersection operation; this was therefore the only site access that received a warrant study. The Oil Well Road & West Access intersection will likely meet Warrant 3 when the commercial development portion of the project is completed. This intersection should be monitored during project construction to determine if and when it meets signal warrants. IMPROVEMENT ANALYSIS Because many of the analyses were addressed m a prevIous section, this improvement analysis section will be limited in scope to a conclusive narrative. Improvements to Accommodate Non-site Traffic As presented earlier, Collier County has programmed roadway improvements for both Immokalee Road and Collier Boulevard. These improvements will be completed by 2006, well before Orange Blossom Ranch reaches its buildout. Consideration should be given to widening Oil Well Road to a 4-lane facility in order to accommodate the combination of non-site traffic associated with the surrounding developments and the site-generated traffic, This conclusion was reached after evaluating the results in Tables 6A and 6B. A preliminary right-of-way (RIW) review indicated that the existing Oil Well Road RIW varies in width, from approximately 90 feet east of [mmokalee Road and across the Orange Blossom Ranch site, to 100-110 feet through the "Orange Tree Area." These widths were estimated from the Collier County GIS, with actual RIW widths possibly varying from these estimates if field measurements were taken. Additional RIW should be acquired in anticipation of future widening. Oil Well Road should be periodically monitored by Collier County as developments are built, and the widening should be programmed as the service levels near the performance standard Orange Blossom Ranch PUD Rezoning ,- . ----·..···"'-·,~·~'--_·_m_~"~.. Agenda Item No. 88 October 26, 2004 Page 88 of 92 threshold values. Funding for these improvements should be derived trom Transportation Impact Fees collected from the developments that will impact Oil Well Road, Improvements to Accommodate Site-generated Traffic The Orange Blossom Ranch site accesses will require exclusive left and right turn lanes in order to avoid conflicts between the turning and overtaking vehicles. The West Access should be signalized in order to provide acceptable operation. The remaining accesses should operate acceptably as unsignalized intersections with side-street STOP control. The West Center and East Center accesses should be provided with exclusive turn lanes on the side streets. The traffic signal at the Immokalee Road & Oil Well Road intersection should operate acceptably with only revisions to the signal timing plan, although consideration should be given to converting the westbound right turn lane into a shares left/right lane when the Immokalee Road improvements are constructed. Based on the analytical results shown in Tables 6A, 6B, and 7, no other improvements appear to be needed in order to accommodate site-generated traffic, MITIGATION OF IMPACT The developer proposes to pay the appropriate Collier County Road Impact Fee as building penn its are issued for the proposed project. The developer will provide the appropriate turn lanes at the site accesses on CR 858 (Oil Well Road) in accordance with the County requirements in place at the time of the Subdivision Plat. The Oil Well Road & West Access intersection should be monitored in order to determine when a traffic signal is warranted. Orange Blossom Ranch PUD Rezoning . .,.----r---'-' , Agenda Item No. 88 October 26, 2004 Page 89 of 92 ApPENDIX A - CONCEPT PLAN Orange Blossom Ranch PUD Rezoning ApPENDIX B - ITE TRIP GENERA T/ON Agenda Item No. 88 October 26, 2004 Page 90 of 92 Orange Blossom Ranch PUD Rezoning '-"'-"'""'~'--~""'- '"""-'~--"~""'-'~" Agenda Item No. 88 October 26, 2004 Page 91 of 92 ApPENDIX C - TRAFFIC DATA Orange Blossom Ranch PUD Rezoning Agenda Item No. 88 October 26,2004 Page 92 of 92 ApPENDIX D - LEVEL OF SERVICE TABLES SYNCHRO@ AND HCS2000™ ANALYSES TRAFFIC SIGNAL WARRANT ANAL YSIS Orange Blossom Ranch PUD Rezoning ....~--'""_.- Agenda Item No. BC October 26, 2004 Page 1 of 11 EXECUTIVE SUMMARY Public Hearing for [a portion of] the 2003 Cycle 1 Growth Management Plan Amendments. (Adoption Hearing) OBJECTIVE: For the Board of County Commissioners (BCC) to review a portion of petition CPSP-2003-11 (wildlife policies only) of the 2003 1st cycle of amendments to the Collier County Growth Management Plan and consider approving said amendment for Adoption transmittal to the Florida Department of Community Affairs. CONSIDERA TIONS: · Chapter 163, F.S., provides for an amendment process for a local government's adopted Growth Management Plan. · The 2003 1st cycle of amendments consists of four private sector petitions and six County- initiated Amendment petitions - including this portion of petition CPSP-2003-11. · The Collier County Planning Commission (CCPC), sitting as the "local planning agency" under Chapter 163.3174, F.S., held their Transmittal hearing on May 20, 2004. The Board of County Commissioners held their Transmittal hearing on June 8, 2004. The Transmittal hearing recommendation of both the CCPC ·and BCC was for approval as presented by staff. · The Objections, Recommendations and Comments (ORC) Report from the Florida Department of Community Affairs (DCA), dated August 20, 2004, contained no objections, recommendations or comments relative to this petition. · The CCPC held their Adoption hearing on October 7, 2004. · This Transmittal hearing for this portion of petition CPSP-2003-11 considers amendments to the following Elements of the Plan: o Future Land Use Element (FLUE) o Conservation and Coastal Management Element (CCME) The intent of this amendment is to make changes to CCME Policy 7.1.2(2) to make that subsection consistent with the companion provision set forth in the Rural Lands Stewardship Area (RLSA) Overlay of the FLUE - Policy 5.5(3) - to ensure that the two provisions are interpreted and applied in the same manner. The effect of this amendment is to clarify that the County must defer to state and federal regulatory agencies' comments and recommendations only when they are consistent with the Collier County Growth Management Plan. This amendment reflects the language agreed upon by the stakeholders group. The proposed changes are depicted below. -.... CONSERVATION AND COASTAL MANAGEMENT ELEMENT Policy 7.1.2 Within areas of Collier County, excluding the lands contained in the RLSA Overlay, non- agricultural development, excluding individual single family residences, shall be directed away from listed species and their habitats by complying with the following guidelines and standards: (1) No change. (2) Wildlife habitat management plans for listed species shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicated listed species are utilizing the site, or the site cont:]ins potential habit:]t for IiGted species is caDable of SUDDortina wildlife and can be anticiDated to be occuDied by listed sDecies. \\/ {J¡'d~} ,'tide 1 u_._,", ""_"',""""~.'4f""C.·'"''''-''''' Agenda Item No. 8C October 26, 2004 Page 2 of 11 These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. (a) through (i) No change. (3) The County shall, consistent with applicable GMP policies, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuing development orders on property containing listed species that is capable of supporting wildlife and can be anticipated to be occupied by listed species. tt----ffi reoognized that these :::Igency reoommendations, on :J o:Jse by case basis, may change the requirements oont:::lined ·....ithin thee;e ·Nildlif.e protection policies and any suoh change shall be deemed consistent with the Grovlth M:Jn:Jgement Plan. FUTURE LAND USE ELEMENT Rural Lands Stewardship Area Overlay Policy 5.5 1. and 2. No change 3. The County shall, consistent with applicable GMP policies, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuing development orders on property containing listed species that is capable of supporting wildlife and can be anticipated to be occupied by listed species. tt----ffi recognized that these agency recommendations, on :J case by case basis, may change the requirements cont:Jinod within these wildlife protection policies and :::Iny such ch:::lnge shall be deemed consistent ':lith the Gro·....th Managoment PI:Jn. FISCAL IMPACT: There is no fiscal impact as a result of this amendment. GROWTH MANAGEMENT IMPACT: This is an Adoption public hearing for the 2003 cycle 1 amendments to the Collier County Growth Management Plan. The Florida Department of Community Affairs (DCA) will have 45 days to review the adopted Plan amendments for compliance with Chapter 163, F.S. and Rule 9J-5 F.A.C., and to file a "Notice of Intent" to find the amendments "in compliance" or not "in compliance." If determined to be "in compliance", and timely challenge to that determination is not filed by an affected party within 21 days, then the amendments will become effective. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Council did not review petition CPSP-2003-11 (pertaining to wildlife policies only) prior to this Adoption hearing. The EAC did review this petition at their May 5, 2004 hearing (prior to CCPC and BCC Transmittal hearings) and recommended it be transmitted to the Florida Department of Community Affairs with changes. Those changes were not endorsed by the CCPC or BCC at their Transmittal hearings. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Planning Commission held their required public hearing on October 7,2004. By vote of 7/0, the CCPC recommended the Board of County Commissioners adopt petition CPSP-2003-11 (pertaining to wildlife policies only) and transmit to the Florida Department of Community Affairs, as Transmitted in June 2004. The CCPC recommendation is reflected in the Adoption Ordinance Exhibit A for petition CPSP-2003-11 (pertaining to wildlife policies only). \\: U1'(.1~: \,;:,';)rG'~. ~tr~; ;:uJd~:d ¡IS 'llšiD.yrnHt.cd in June ,'::,004 2 Agenda Item No. BC October 26, 2004 Page 3 of 11 STAFF RECOMMENDATION: Adopt petition CPSP-2003-11 (pertaining to wildlife policies only) and transmit to the Florida Department of Community Affairs, as Transmitted in June 2004. Prepared by: David Weeks, Comprehensive Planning Department, Community Development and Environmental Services Division EX SUM Adoption 2003 1" cycle CPSP-2003-11 wildlife policies G, Comp, Comp Plan Amendments, 2003 cycle 1 Amendments. BCC ni<-dw/10-11-04 \\/{wd~ .an..~ d.ddcd Cr:,¡n,'<nl-ittJ.:,'d in June ~.004, 3 -- I -'-""- ;nc dc¡eh~tf~ a¡~e u.dd~:d Trunsrnittcd in June ,::00·.1. Agenda Item No. BC October 26,2004 Page 4 of 11 4 .-- ,- Item Number Item Summary Mooting Date Agenda Item No BC October 26, 2004 Page 5 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Be This item to be heard at 1 :DO p.rn Public. Hearing 10r the 2003 1 $t Cycle of GMP Amendments (CPSP-203~11, Wildlife) 10/2B/2004 9:00:00 AM Prepored By 10/14/200411:JJ:29 AM David Weoks, AIC? Community Development 8; Envìronmental Servìces Date Chl&f Planner Comprehensive Plnnning Approved By Date Stan Litsinger Cornmuníty Development & Environmental Services Co,nprehens!ve Planning Director Cornprehensive Planning 10114/20042:20 PM Approved By Da.te Constance A. Johnson Community Development & Environment:al Services Operat¡om~ Analyst Community Developnumt & Environmental Services Admín. 10115120049:31 AM Date Approved By Sandra Lea Communi1y Development & Environmental Services E)Cecutivc- Secretary Community Dnvelopmnnt & EnvirDnmental Sarvicc& Admin, 10/1512004 10:411 AM Community Df!veloprnent & Envlronnlental Servìcl!Is Adminstrator Date Approved By Joseph K. Schmít1. Community Development & Environmental Service. Community Developnlent & Environmental Services Admin. 101151200412:40 PM Dat@ Approved By Pat Lehnhard County Manager's Offìce Administrative Auístant Office 01 Management & Budget 10/15120041:48 PM Date Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget 10/18/200411:10 AM Oate Approved By Michael Smykowski County Manager's Office Man.agement & Budget Director Office of Management & Budget 10118/200411:35 AM Date Approved By James V, Mudd Board 0' c.ounty Commission('!rs County Manager County Manager's ()ffice 10/1912004 12: 19 PM ---...." Agenda Item No. 8C October 26, 2004 AgendaIt~f11 STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, COMPREHENSIVE PLANNING DEPARTMENT DATE: October 7, 2004 RE: PART OF PETITION CPSP-2003-11, ("glitch" amendments) RECOMMENDATION THAT THE COLLIER COUNTY PLANNING COMMISSION REVIEW PROPOSED AMENDMENTS TO THE FUTURE LAND USE ELEMENT (FLUE) AND CONSERVATION AND COASTAL MANAGEMENT ELEMENT (CCME) OF THE COLLIER COUNTY GROwrH MANAGEMENT PLAN AND FORWARD A RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS FOR ADOPTION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. (Adoption Hearing) Transmittal hearings on this amendment were held on May 20, 2004 (CCPC) and June 8, 2004 (BCC). The respective Transmittal recommendations/actions are presented below. FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ORC REPORT: In their ORC (Objections, Recommendations and Comments) Report, prepared in response to review the Transmittal GMP amendment, the Florida Department of Community Affairs (DCA) had no objections, recommendations or comments for this petition. BACKGROUND CCME and FLUE: CCME Policy 7.1.2(2): The changes to CCME Policy 7.1.2(2) are being proposed to make that subsection consistent with the companion provision set forth in the Rural Lands Stewardship Area Overlay (RLSA) of the Future Land Use Element and is necessary to ensure that the two provisions are interpreted and applied in the same manner. CCME Policy 7.1.2(3) and FLUE, RLSA Overlay Policy 5.5: The wording of these policies has caused a problem in interpreting the deference that must be given by the County to those technical assistance recommendations from state and federal agencies with regulatory authority over wildlife that may change the requirements contained within other Growth Management Plan provisions. The proposed modification removes the 2nd sentence from CCME Policy 7.1.2(3) and RLSA Overlay Policy 5.5, thus clarifying that the County must defer to state and federal regulatory comments and recommendations only when they are consistent with the GMP. Words underlined are added; wonts stnlck through are deletions. Agenda Item No. BC October 26, 2004 Agenda It~f 11 REQUESTED ACTION: Conservation and Coastal Manaaement Element (CCME) [page 30] Amendment to the language of Policy 7.1.2 of the CCME are proposed for the GMP as follows: Policy 7.1.2 Within areas of Collier County, excluding the lands contained in the RLSA Overlay, non- agricultural development, excluding individual single family residences, shall be directed away from listed species and their habitats by complying with the following guidelines and standards: (1) No change. (2) Wildlife habitat management plans for listed species shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicated listed species are utilizing the site, or the site contains potenti:]1 habitat for listed species is cacable of succortina wildlife and can be anticicated to be occucied bv listed scecies. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. (a) through G) No change. (3) The County shall, consistent with applicable GMP policies, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuing development orde.rs on property containing lis~ed species. It i: re~g~.i~~~~: ~~~: ~ncy reoommendatlons, on :::I c:::lse by c:::Ise basIs, may change l1e Ef-I '~; containod within these wildlife protection policies and any suoh ohange shali be d;~ consistent \,\'ith the Growth Management Plan. Future Land Use Element (FLUE) Rural Lands Stewardshic Area Oyerlay [page 100] Amendment to the language of Policy 5.5 of the Future Land Use Element (FLUE) is proposed for the GMP as follows: Policy 5.5 1. and 2. No change 3. The County shall, consistent with applicable policies of this Overlay, consider ;:mrf IItili7A recommendations and letters of technical assistance from the Florida Fish an Agenda Item BE Conservation Commission and recommendations from the US Fish and Wildl issuing development orders .on property containing /iste~ species. It is r~cog. .._':'_ .. ...., ~~~: ~cnoy reoommendatlons, on :::I case by case basIs, may chaR§e tAe-re€¡Wro:s contained within these wildlife protection polioies and any such change ~h;li be d;' consistent with the Growth Management Plan. CCPC Recommendation By vote of 7/0, the CCPC recommended to the BCC to transmit petition CPSP-2003-11 (pertaining to wildlife policies only) to the Florida Department of Community Affairs, per staffs recommendation. Staffs recommendation is reflected in the transmittal Resolution Exhibit A for petition CPSP-2003-11, and is shown above. Words underJined are added; words strHek through are deletions. 2 -,.,._--_..._~ Agenda Item No. 8C October 26, 2004 Agenda ltE\agØ)of 11 BCC Recommendation By vote 3/1, the BCC recommended to transmit CPSP-2003-11 (Wildlife portion) per staff recommendations to the Florida Department of Community Affairs. STAFF RECOMMENDATION: That the CCPC forward the 2003 Cycle 1 GMP amendment petition portion of CPSP-2003-11 (wildlife portion) to the BCC with a recommendation to adopt as noted in this Staff Report - and forward to the Florida Department of Community Affairs. PREPARED BY: DATE: MARCIA R. KENDALL, PLANNER COMPREHENSIVE PLANNING DEPT. REVIEWED BY: DATE: DAVID WEEKS, AICP CHIEF PLANNER REVIEWED BY: STAN LlTSINGER, AICP, DIRECTOR COMPREHENSIVE PLANNING DEPT. DATE: APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN CPSP-2003-11 (portion of) G:/comp, comp plan amendments, 2003 cycle 1 Words underlined are added; worès stniCk through are deletions. 3 Agenda Item No. BC October 26,2004 Page 9 of 11 ORDINANCE NO. 04- AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AMENDMENTS TO POLICY 7.1.2 OF THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT AND POLICY 5.5 OF THE RURAL LANDS STEWARDSHIP AREA OVERLAY OF THE FUTURE LAND USE ELEMENT, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Staff initiated certain glitch amendments to the Future Land Use Element text, and the ConseNation and Coastal Management Element text; and WHEREAS. Collier County did submit these Growth Management Plan amendments to the Department of Community Affairs for preliminary review on June 18, 2004; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the Future Land Use Element. and the ConseNation and Coastal Management Element, of the Growth Management Plan and transmitted its findings in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 60 days from receipt of the Objections, Recommendations, and Comments Report from the Department of Community Affairs to adopt. adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report; the documents entitled Collier County Growth Management Plan Amendments, and other documents, testimony and information presented and made a part of the record at the meetings of the Collier County Planning Commission held on October 7, 2004, and the Collier County Board of County Commissioners held on October 26, 2004; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the Future Land Use Element, and the ConseNation and Coastal Management Element to the Growth Management Plan on October 26, 2004; and WHEREAS, all applicable substantive and procedural requirements of law have been met. ----. I···· Agenda Item No. 8C October 26, 2004 Page 10 of11 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts these amendments to the Future Land Use Element, and the Conservation and Coastal Management Element in accordance with Section 163.3184, Florida Statutes. The text and maps of the amendments are attached hereto as Exhibit "A" and are incorporated by reference herein. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of these amendments shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on these amendments may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 26th day of October ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA Chairman Approved as to form and legal suffiency: MARJORIE M. STUDENT Assistant County Attorney 2 Agenda Item No. 8C October 26, 2004 Page 11 of 11 EXHIBIT A CONSERVATION AND COASTAL MANAGEMENT ELEMENT CPSP-2003-11 [portion of] Policy 7.1.2 Within areas of Collier County, excluding the lands contained in the RLSA Overlay, non- agricultural development, excluding individual single family residences, shall be directed away from listed species and their habitats by complying with the following guidelines and standards: (1) No change. (2) Wildlife habitat management plans for listed species shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicated listed species are utilizing the site, or the site contains potenti:31 habitat for listed specios is caDable of SUDDortina wildlife and can be anticiDated to be occuDied bv listed sDecies. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. (a) through (j) No change. (3) The County shall, consistent with applicable GMP policies, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuing development orde.rs on property containing lis~ed species. It i~ ~~~9~.i~O~~~~ those agoncy reoommond3tlonG, on 3 case by case b3SIf:, m3Y oh3nge R €I I e contained within these wildlife protection policies and any such ch3nge shall be deemed consistent with the Growth M3n3gomont P13n. FUTURE LAND USE ELEMENT Policy 5.5 1. and 2. No change 3. The County shall, consistent with applicable policies of this Overlay, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservaton Commission and recommendations from the US Fish and Wildlife Service in issuing development orders.on property containing liste~ species. It if: rocogn~~~e~~t these agency recommendations, on 3 case by C3se basIs, may change the re _ ,nt!> contained within these 'Nildlife protection pOlicies and any such ch3nge sh311 be d;~;;;d consistent with the Growth Man3gement Plan. RURAL LANDS STEWARDSHIP AREA OVERLAY Words underlined are additions; words struck through are deletions Agenda Item No. 8D October 26, 2004 Page 1 of 97 EXECUTIVE SUMMARY Public Hearing for the 2003 1 st Cycle of Growth Management Plan Amendments. (Adoption Hearing) OBJECTIVE: For the Board of County Commissioners to review the 2003 1st cycle of amendments to the Collier County Growth Management Plan and consider approving said amendments for Adoption transmittal to the Florida Department of Community Affairs. CONSIDERA TIONS: · Chapter 163, F.S., provides for an amendment process for a local government's adopted Growth Management Plan (GMP). · Resolution 97-431, as amended, provides for a public petition process to amend the Collier County GMP. · The 2003 1 st cycle of amendments consists of four private sector petitions and six County- initiated Amendment petitions. · The Collier County Planning Commission (CCPC), sitting as the "local planning agency" under Chapter 163.3174, F.S., held their Transmittal hearing on May 20, 2004 for nine of the petitions, and on June 3, 2004 for one petition. The Board of County Commissioners (BCG) held their Transmittal hearing on June 8, 2004. The Transmittal hearing recommendations of both the CCPC and BCC are contained in the CCPC adoption hearing Staff Report. · The Objections, Recommendations and Comments (ORC) Report from the Florida Department of Community Affairs (DCA), dated August 20, 2004, contained only one comment from DCA and one comment from the South Florida Water Management District; there were no objections or recommendations. The ORC Report is contained in the back- up materials, · Staff's response to the ORC Report is contained in the CCPC Adoption Staff Report. · The CCPC held their Adoption hearing on October 7,2004. · Four of the ten petitions have been modified since Transmittal hearings. Staff proposed revisions to petitions: CP-2002-2 (the CCPC endorsed those changes and recommended an additional one); CPSP-2003-10 (the CCPC only endorsed some of those changes); and, CPSP-2003-12 (the CCPC endorsed that one change). Additic;>nally, the CCPC recommended one change to petition CP-2003-1. Staff's proposed revisions are contained in the CCPC Adoption Staff Report, except for one change presented verbally to the CCPC, which is noted in this Summary. The CCPC-recommended changes are noted in this Summary. · This Adoption hearing considers amendments to the following Elements of the Plan: o Future Land Use Element (FLUE) and Future Land Use Map Series o Golden Gate Area Master Plan (GGAMP) and Future Land Use Map Series o Conservation and Coastal Management Element (CCME) o Capital Improvement Element (CIE) o Transportation Element (TE) Agenda Item No. 8D October 26, 2004 Page 2 of 97 Note: All support materials are not included - the application packages for the four private sector petitions are excluded due to their volume and oversize exhibits. However, the complete package of support information is included in a separate notebook provided to the Board of County Commissioners and available for review in the Comprehensive Planning Department office. FISCAL IMPACT: There are fiscal impacts to Collier County as a result of some of these amendments to the Growth Management Plan. Specifically: 1) Petition CPSP-2003-10 will require the establishment of implementing provisions in the Collier County Land Development Code (LDC), 2) Petition CPSP-2003-11 will require amendments to existing provisions in the LDC to reflect these GMP changes. 3) Petition CPSP-2003-15 will require research (of smart growth practices) and possibly future LDC amendments. However, existing staff resources (and possibly, consultants under existing contract) will be used to prepare the LDC amendments and perform the research. GROWTH MANAGEMENT IMPACT: This is an Adoption public hearing for the 2003 cycle 1 amendments to the Collier County Growth Management Plan. The Florida Department of Community Affairs (DCA) will have 45 days to review the adopted Plan amendments for compliance with Chapter 163, F.S. and Rule 9J-5 F.A.C., and to file a "Notice of Intent" to find the amendments "in compliance" or not "in compliance." If determined to be "in compliance", and timely challenge to that determination is not filed by an affected party within 21 days, then the amendments will become effective. ENVIRONMENTAL ISSUES: No listed plant or animal species have been observed or are known to be on any of the sites encompassed by these amendments and the sites are not known to contain jurisdictional wetlands. Further, no particular issues have been identified relative to groundwater resources or soils. As part of the process of obtaining subsequent development orders, the sites will be subject to all applicable local, state and federal environmental protection regulations. HISTORICAL/ARCHAEOLOGICAL IMPACT: None of these amendments to the Growth Management Plan contain lands identified as being in areas of historical or archaeological probability. COMPREHENSIVE PLANNING STAFF RECOMMENDATION: The Staff recommendation follows each individual petition listed below. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Growth Management Plan amendments such as these are not reviewed by the EAC. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Planning Commission held their required public hearing on October 7, 2004, The CCPC recommendation follows each individual petition listed below. 1. PETITION CP-2002-2, Petition requesting amendment to the Future Land Use Element and Future Land Use Map and Map Series, to establish the "Naples Big Cypress Commerce Center Commercial Subdistrict" allowing commercial uses for a 9.70± acre parcel located at 2 .. ., ","" .,,,.',, "..."., .~, "'00 _..,_.~.,......___ Agenda Item No. 80 October 26, 2004 Page 3 of 97 the northwest corner of US-41 East and Trinity Place, in Section 17 Township 51 South, Range 27 East. Staff Recommendation: That the CCPC forward petition CP-2002-2 to the BCe with a recommendation of Adoption, as modified by staff, and transmit to the Florida Department of Community Affairs. Staff's revisions are contained in the CCPC Adoption Staff Report. CCPC Recommendation: That the BCC adopt petition CP-2002-2, and transmit to the Florida Department of Community Affairs, per staff's recommendation, subject to one revision to change maximum building height to 35 feet for all buildings; this change is noted below (vote: 5/1). The petitioner requested this change at the CCPC hearing. The CCPC's recommendation is reflected in the Adoption Ordinance Exhibit "Au for petition CP-2002-2. Words underlined are added; words Ðtmek threwgh are deleted - as Transmitted in June 2004. Words double underlined are added; words 8sliBlø BtFuøl, tkrsligk are deleted- as recommended by CCPC. f. No buildina shall exceed a heiaht of 3~ ~ feet \'JitR tRe e¡(eestieR ef a FRete/lRetsl. 'NlõlisR may lie ~jj feet iR ReisRt. 2. PETITION CP-2003-1, Petition requesting amendment to the Future Land Use Element and Future Land Use Map and Map Series, to expand Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, and to restrict some uses in this expansion area, to include 15.88± acres located on the north side of Vanderbilt Beach Road and X mile west of CR-951, in Section 34, Township 48 South, Range 26 East. Staff Recommendation: That the CCPC forward petition CP-2003-1 to the BCC with a recommendation of Adoption, as Transmitted in June 2004, and transmit to the Florida Department of Community Affairs. CCPC Recommendation: That the BCC adopt petition CP-2003-1, and transmit to the Florida Department of Community Affairs, per staff's recommendation, subject to one revision to limit building height to a maximum of 3 stories for mixed residential/commercial uses; this change is noted below (vote: 7/0). The CCPC's recommendation is reflected in the Adoption Ordinance Exhibit "A" for petition CP-2003-1. Words underlined are added; words strwak threygh are deleted - as Transmitted in June 2004. Words double underlined are added; words 8sliBlil Btrliilh tkFSligk are deleted - as recommended by CCPC, Retail uses shall be limited to a single-story. Financial services and offices shall be limited to three stories. A combination of these uses in a sinale buildina - financial services and/or offices over retail uses - shall be limited to three stories. Also, Mmixed-use buildin9s: containina at least twe fJe8Fs ¡If residential uses over commercial uses. shall be limited t~ fe4:H: three stories. All principal buildings shall be set back a minimum of one (1) foot from the Subdistrict boundaries for each foot of building height. Development within each Droiect or vet to be established PUD District the Subdistrict shall be required to have common site, signage and building architectural elements. The property Each Droiect or PUD District shall provide for potential both Dedestrian and vehicular interconnection§. with adjacent properties. 3 ,·<'''·;·,....·.'_'.'m_...._·'.--..~ Agenda Item No. 8D October 26,2004 Page 4 of 97 3. PETITION CP-2003-2, Petition requesting amendment to Future Land Use Element and Future Land Use Map and Map Series, to establish Livingston/Radio Road Commerciallnfill Subdistrict, allowing commercial uses in the C-3 district with a maximum of 50,000 square feet, for a ±5 acre parcel located at the northwest corner of Livingston and Radio Roads, in Section 36, Township 49 South, Range 25 East. Staff Recommendation: That the CCPC forward petition CP-2003-2 to the BCe with a recommendation of Adoption, as Transmitted in June 2004, and transmit to the Florida Department of Community Affairs. CCPC Recommendation: That the BCC adopt petition CP-2003-2, and transmit to the Florida Department of Community Affairs, per staff's recommendation (vote: 8/0). The CCPC's recommendation is reflected in the Adoption Ordinance Exhibit "A" for petition CP-2003-2. 4. PETITION CPSP-2003-3, Petition requesting amendment to the Future Land Use Element and Future Land Use Map and Map Series, to establish LivingstonNeteran's Memorial Boulevard Commercial Infill Subdistrict, allowing commercial uses in the C-1 district with a maximum of 50,000 square feet, for a ± 2.25 acre parcel located at the southeast corner of Livingston Road North-South and Livingston Road East-West, in Section 13, Township 48 South, Range 25 East. Staff Recommendation: That the CCPC forward petition CP-2003-3 to the BCC with a recommendation of Adoption, as Transmitted in June 2004, and transmit to the Florida Department of Community Affairs. CCPC Recommendation: That the BCC adopt petition CP-2003-3, and transmit to the Florida Department of Community Affairs, per staff's recommendation (vote: 8/0). The CCPC's recommendation is reflected in the Adoption Ordinance Exhibit "A" for petition CP-2003-3. 5. PETITION CPSP-2003-10, Petition requesting Phase" amendments to the Golden Gate Area Master Plan (GGAMP) text and Golden Gate Area Master Plan Future Land Use Map and Map Series, primarily as a result of the recommendation of the GGAMP Restudy Committee to include: A. Changes to the Golden Gate Area Future Land Use Map (FLUM): 1. To establish a new commercial subdistrict, the "Collier Boulevard Commercial Subdistrict", in Golden Gate City on the west side of Collier Boulevard, between Golden Gate Parkway and Green Boulevard. 2. To establish a second new commercial subdistrict, also in Golden Gate City, to be known as the "Downtown Center Commercial Subdistrict," located generally along the eastern portion of Golden Gate Parkway. 3. To expand the existing Santa Barbara Commercial Subdistrict designation one block further east. 4. To amend the Golden Gate Area Master Plan Future Land Use Map to show all Neighborhood Centers. 5. To amend all maps relative to the Everglades Boulevard/lmmokalee Road Neighborhood Center to exclude the fire station site at the SW corner of this ntersection. 6. To amend the Golden Gate Area Master Plan Future Land Use Map to correct the title in legend and Map body for the Commercial Western Estates Infill Subdistrict. 4 Agenda Item No. 8D October 26, 2004 Page 5 of 97 Also, to amend the Subdistrict Map to correctly show the Estates Land Use pattern extending north of Vanderbilt Beach Road. 7. To delete Map 17, showing the South Golden Gate Estates Natural Resource Protection Area. 8. Renumbering of Maps 15 and 16 to reflect order referenced in Table of Contents and text. B. Changes to the Golden Gate Area Master Plan Text: 1. Revisions to text regarding the Conditional Uses Subdistrict to prevent any new commercial or cònditional uses from being established on Golden Gate Parkway, between Livingston Road and Santa Barbara Boulevard. 2. A revision to exceptions to the Conditional Use Subdistrict clarifying that conditional use permits related to model home center temporary use permit time extensions are not subject to locational criteria. 3. Addition of a new policy related to the 1-75 Interchange at Golden Gate Parkway complementary to the proposed revisions to the Conditional Uses Subdistrict. 4. Revisions to the criteria for the Neighborhood Center Subdistrict recognizing permitted and conditional uses relative to the Estates Future Land Use Designation, and establishing landscaping and architectural criteria. 5. Addition of text reflecting the creation of the Collier Boulevard and Downtown Center Commercial Subdistricts and the expansion of the Santa Barbara Commercial Subdistrict. 6. The addition of new Goals, Objectives and Policies related to rural character, transportation, Golden Gate City and Emergency Management. 7. Revising the title of the "Agricultural/Rural Designation - Settlement Area District" to "Agricultural/Rural Designation - Rural Settlement Area District" to be consistent with usage in the Golden Gate Area Master Plan Future Land Use Element and Golden Gate Area Master Plan Future Land Use Map series. 8. Revising the text of the Southern Golden Gate Estates Natural Resource Protection Area. 9. Revising the text of the Everglades Boulevard/lmmokalee Road Neighborhood Center to decrease the acreage for the southeast corner. 10. Any text changes or revisions necessary for the purposes of format consistency. Staff Recommendation: That the CCPC forward petition CPSP-2003-10 to the BCC with a recommendation of Adoption, as modified by staff, and transmit to the Florida Department of Community Affairs. Staffs revisions are contained in the CCPC Adoption Staff Report, except for one additional change staff presented verbally at the CCPC hearing. That change, to one Neighborhood Center Subdistrict criterion, is shown below. Words underlined are added; words strwsk thre¡¡gn are deleted - as Transmitted in June 2004. Words double underlined are added; words 98wl11s atnisl, tluBwglt are deleted - as recommended by staff at the eepe Adoption hearing. 5 Agenda Item No. BD October 26, 2004 Page 6 of 97 CCPC Recommendation: That the BCC adopt petition CPSP-2003-10, and transmit to the Florida Department of Community Affairs, per staff's recommendation - to the extent that staff's recommended changes only affect format, clarity and other non-substantive changes that do not change the intent of the Transmitted language [as a practical matter, this only affects the two subdistricts in Golden Gate City] (vote: 7/0). The CCPC's recommendation is reflected in the Adoption Ordinance Exhibit "A" for petition CPSP-2003-10. The CCPC specifically did not wish to consider the changes proposed by the Golden Gate Commercial Overlay Ad Hoc Committee to the Downtown Center Commercial Subdistrict or the Collier Boulevard Commercial Subdistrict. That Committee's recommendations are contained in the CCPC Adoption Staff Report. Below is a brief analysis of staff's proposed revisions to the Collier Boulevard Commercial Subdistrict and the Downtown Center Commercial Subdistrict relative to substantive changes. Staff continues to advocate adoption of these changes but, as noted above, the CCPC did not endorse any substantive changes to the Transmitted text. Staff proposed a significant re-write of the Transmitted version of both Subdistricts, primarily to provide clarity, and to put them into proper ordinance format and language. In some provisions, as Transmitted, the intent wasn't clear; therefore, it is acknowledged that some changes viewed by staff as non-substantive might be viewed by others as substantive. Collier Boulevard Commercial Subdistrict It is staff's opinion that their proposed changes to the Collier Boulevard Commercial Subdistrict are not substantive, except for one. This substantive change is identified below. a. Transmitted text: Allows 2-story buildings at a maximum height of 35 feet and allows under building parking; though not clear, it appears such parking is allowed within the 35 feet and is in addition to two building stories. Staff-DroDosed text: Allows 3-story buildings at a maximum height of 50 feet, inclusive of under building parking. [Obviously, this will allow greater design flexibility, but may also create compatibility concerns. It is staff's intent that compatibility concerns regarding building height be addressed through the implementing zoning overlay via landscape buffer requirements and setback requirements, including graduated setback requirements linked to building height.] Downtown Center Commercial Subdistrict It is staff's opinion that most of their proposed changes to the Downtown Center Commercial Subdistrict are not substantive. However, some proposed changes are substantive and staff believes them to be appropriate and necessary. These substantive changes are identified below. a. Transmitted text Requires commercial development fronting on Golden Gate Parkway to place it's parking on the lot across the alley to the rear. [Essentially, this limits those rear lots to use as a parking lot only, accessory to the commercial development along the Parkway - they cannot be developed with commercial uses. Further, these lots would be unusable if the adjacent lots fronting the Parkway develop with a non- commercial use (e.g. residential use) or remain as an existing residential use, as in the case of an owner-occupied dwelling. Similarly, if these rear lots across the alley remain as an existing residential use, as in the case of an owner-occupied dwelling, then the 6 Agenda Item No. 8D October 26,2004 Page 7 of 97 lots fronting the Parkway cannot be developed with commercial uses. Finally, if the owners of a lot fronting the Parkway and the lot to the rear across the alley cannot agree to cooperate Ooint development, or one sell to the other, or both sell to a mutual party), then neither lot can develop commercially, The result of all these scenarios is stymied re-development.] Staff-DroDosed text: Replaces Transmitted text with a prohibition on parking in the front yard. [This will accomplish an objective of allowing buildings to be located closer to the Parkway or other street frontage, and of not placing parking lots along the Parkway or other street frontage. Lots fronting the Parkway and those to the rear across the alley may each develop with commercial uses, either separately or jointly. ] b. Transmitted text Requires uses, commercial and residential, to be located within the first 30 feet of the property frontage; though not clear, it appears this is only applicable to Golden Gate Parkway. [Essentially, this mandates a 0 feet setback for buildings _ all floors - unless some other component of the property "use" is located within the first 30 feet, e.g. outdoor dining area.] Staff-proposed text: Provides a 0 feet front yard setback requirement along Golden Gate Parkway. [This allows, but does not require, structures to be located with a 0 feet front setback along the Parkway. In the case of residential development, a 0 feet setback may not be appropriate due to traffic noise, glare from vehicle lights, lessening of privacy with sidewalk very close to front of dwelling, etc.] c, Transmitted text: Uses permitted by right are as listed in the C-1, C-2 and C-3 zoning districts. [Makes no provision for residential development as a permitted use on residential-zoned property, though all properties within the entire Subdistrict are presently zoned residential.] Staff-proposed text: Adds permitted uses to include: those permitted by right in the existing residential zoning districts; and, those uses that may be permitted by right in an implementing zoning overlay district. [The former is likely a reflection of what is legally allowed given the existing residential zoning of the properties in the Subdistrict. The latter provides flexibility to add permitted uses, e.g. allow mixed- use residential over commercial as a use by right instead of as a conditional use as it is presently allowed in the C-1 through C-3 zoning districts.] d. Transmitted text Conditional uses are as listed in the C-1, C-2 and C-3 zoning districts, plus outdoor dining areas not abutting Golden Gate Parkway. [Makes no provision for conditional uses as allowed by existing residential zoning districts, though all properties within the entire Subdistrict are presently zoned residential.] Staff-proposed text: Adds conditional uses to include: those permitted conditional uses in the existing residential zoning districts; and, those conditional uses that may be permitted in an implementing zoning overlay district. [The former is likely a reflection of what is legally allowed given the existing residential zoning of the properties in the Subdistrict. The latter provides flexibility to add conditional uses so as to be more restrictive, e.g. make a use presently permitted by right in the C-1 through C-3 zoning districts only allowed by conditional use approval; or, to be more liberal, e.g, allow a use in this Subdistrict, via conditional use approval, that is presently only allowed in higher commercial zoning districts (C-4, C-5).] e. Transmitted text: Prohibited uses are those uses not permitted by right or by conditional use in the C-1, C-2 and C-3 zoning districts, plus an additional list of uses. [Most, if not all, of the prohibited uses on the additional list are not allowed in the C-1 through C-3 zoning districts.] Staff-proposed text Eliminates those uses from the additional list that are clearly not allowed by right or by conditional use in the C-1 through C-3 zoning districts; and, adds specific provision for uses as may be prohibited by an implementing zoning overlay. [The former is not a substantive change. The latter provides flexibility to add prohibited uses so as to be more restrictive.] 7 Agenda Item No. 8D October 26, 2004 Page 8 of 97 6. PETITION CPSP-2003-11 (major portion of this petition - all except wildlife policies), Petition requesting various "glitch" amendments consisting of technical corrections, clarifications and additional terminology to the Future Land Use Element, Conservation and Coastal Management Element, Capital Improvement Element, Transportation Element, and Golden Gate Area Master Plan Element, pertaining to the Rural Fringe Area and the Rural (Eastern) Lands Stewardship Area of the Future Land Use Element. Staff Recommendation: That the CCPC forward petition CPSP-2003-11 to the BCe with a recommendation of Adoption, as Transmitted in June 2004, and transmit to the Florida Department of Community Affairs. CCPC Recommendation: That the BCC adopt petition CPSP-2003-11, and transmit to the Florida Department of Community Affairs, per staffs recommendation (vote: 7/0). The CCPC's recommendation is reflected in the Adoption Ordinance Exhibit "An for petition CPSP-2003-11. 7. PETITION CPSP-2003-12, Petition requesting amendments to the Future Land Use Element and Future Land Use Map and Map Series, Transportation Element, Conservation and Coastal Management Element and Capital Improvement Element to include: 1. Amend Transportation Element and Capital Improvement Element to include review of conditional use petitions, Stewardship Receiving Area petitions, and Future Land Use Element amendment petitions for impacts upon public facilities. 2. Amend the Density Rating System in the Future Land Use Element to further explain how density is calculated; to further clarify accessory dwellings not subject to the Density Rating System; to identify when density may be allowed beyond that permitted by the Density Rating System; and, to further limit the applicability of the Conversion of Commercial Zoning Density Bonus. 3. Amend the Future Land Use Element to delete the requirement to have access onto Eatonwood Lane from the Livingston Road/Eatonwood Lane Commercial Infill Subdistrict. 4. Add two maps to the Future Land Use Map Series, one depicting the Copeland Urban Area and one depicting the Plantation Island Urban Area to show greater detail of these two Areas. 5. Other minor and incidental text changes. Staff Recommendation: That the CCPC forward petition CPSP-2003-12 to the BCC with a recommendation of Adoption, as modified by staff, and transmit to the Florida Department of Community Affairs. Staffs revision is contained in the CCPC Adoption Staff Report. CCPC Recommendation: That the BCC adopt petition CPSP-2003-12, and transmit to the Florida Department of Community Affairs, per staffs recommendation (vote: 7/0). The CCPC's recommendation is reflected in the Adoption Ordinance Exhibit "An for petition CPSP-2003-12. 8. CPSP-2003-13, Petition requesting amendments to the Capital Improvement Element, to update the Schedule of Capital Improvements, Table of Costs and Revenues, and to add Jevel of service standards for government buildings. 8 Agenda Item No. 8D October 26, 2004 Page 9 of 97 Staff Recommendation: That the CCPC forward petition CPSP-2003-13 to the BCe with a recommendation of Adoption, as Transmitted in June 2004, and transmit to the Florida Department of Community Affairs. CCPC Recommendation: That the BCC adopt petition CPSP-2003-13, and transmit to the Florida Department of Community Affairs, per staffs recommendation (vote: 7/0). The CCPC's recommendation is reflected in the Adoption Ordinance Exhibit "A" for petition CPSP-2003-13. 9. CPSP-2003-14, Petition requesting amendments to the Transportation Element, to revise the functional classification of various County and/or State roads. Staff Recommendation: That the CCPC forward petition CPSP-2003-14 to the BCC with a recommendation of Adoption, as Transmitted in June 2004, and transmit to the Florida Department of Community Affairs. CCPC Recommendation: That the BCC adopt petition CPSP-2003-14, and transmit to the Florida Department of Community Affairs, per staffs recommendation (vote: 7/0). The CCPC's recommendation is reflected in the Adoption Ordinance Exhibit "A" for petition CPSP-2003-14, 10. CPSP-2003-15, Petition requesting Phase II amendments of the Community Character/Smart Growth Advisory Committee, to amend the Future Land Use Element to implement the Community Character Plan by promoting pedestrian-oriented, human-scale development and interconnection of neighborhoods and developments. Staff Recommendation: That the CCPC forward petition CPSP-2003-15 to the BCC with a recommendation of Adoption, as Transmitted in June 2004, and transmit to the Florida Department of Community Affairs. CCPC Recommendation: That the BCC adopt petition CPSP-2003-15, and transmit to the Florida Department of Community Affairs, per staffs recommendation (vote: 7/0). The CCPC's recommendation is reflected in the Adoption Ordinance Exhibit "An for petition CPSP-2003-15. STAFF RECOMMENDATION - Entire 2003 Cvcle 1 GMP Amendments: That the Board of County Commissioners Adopt the 2003 cycle 1 GMP amendments, as recommended by the Collier County Planning Commission - except that all staff-proposed changes to petition CPSP-2003-1 0 be incorporated, and transmit the amendments to the Florida Department of Community Affairs. Prepared by: David Weeks, Comprehensive Planning Department, Community Development and Environmental Services Division EX SUM Adoption 2003 1" cycle G, Camp, Camp Plan Amendments, 2003 cycle 1 Amendments, BCC mk-dw/1Q-12-04 9 COLLIER COUNTY Agenda Item No, 8D October 26, 2004 Pago 10 of 97 Item Number Item Summlry BOARO OF COUNTY COMMISSIONERS 80 M..ting Date 'Chis item 10 be he.rd immed"'ely rellowing Item 8C Publte He.ring for (he 2003 1 st Cycl. of Growth M.negement PI.n Amendment. (Adoption He.ring) 10/28/2004 9:00:00 AM Prepared By Marcia Ke-ndal Plantul:r [>.re Community Development" EnVironmltntal Services Comprohenllve Planning 10/1312004 2:S1:52 PM Appro.ed By Stan Lltll""er Community OflVfJloprnent & EIIV/rotlntentiiJ SIJNlces COmpnthe"Slve Planntng DJractor COmprehenSive PI..nnlng Dare Appro.ed By 10/14/2004 Z:17 PM Constance A. John&on Operations Analyst Com,nunity Development & Environm.nr./ Service.$- Admin. 10/15/20049:0. AM Community OeveloÞml!nt & Env/ronment.al S.rv~e. Date Appro.ed By S.ndra L8'u CommUnity Development & Environment., Service. Executivll' SlI!cretary CommUnity Devœolopml!\nr & Environmental Services Admin. Date Appro.ed By 10/f5/2004 10:47 AM Joseph K Schmitt CommunIty Development & EnVlronmentol Servlcea Admlnstriltor O.te CommUnIty Developn},(ttU & Environmental Services CommUnity DevQòlopme.nt & Environmental Sœrvlces Adnlln_ 10/1512004 1Z:43 PM Appro.ed By Pat Lehnhard AdminIstrative A.nlstant County MØlnager's ()f'ce Dlte OfficI øf Management & BUdget 10/15/20041:11 PM Appro.ed By Mark Isackson BUdget AnalY5t County Milnagœr's Office U.fe Oftjclt or Management & Budg~t 10/18/Z004 8:20 AM Appro.ed By MIch.., SmYkowskl Management & BUdget Oirector County Manager'. OffIce Date Office 0' MlInager1le-nt & Budget 10/1812004 10: 28 AM Appro.ed By Jame. V, Mudd Board or COUnty ComlnjllJonerø County Manager County Man.94ft's Ottlc&- Date 111/181200411:37 AM Agenda Item No. aD October 26, 2004 Agenda~ #815f 97 STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, COMPREHENSIVE PLANNING DEPARTMENT DATE: RE: October 7, 2004 Hearing 2003 CYCLE 1 GROWTH MANAGEMENT PLAN AMENDMENTS. PETITION NUMBERS: CP-2002-2, CP-2003-1, CP-2003-2, CP-2003-3, CPSP-2003-10, CPSP-2003-11 (major portion - all except wildlife policies), CPSP-2003-12, CPSP- 2003-13, CPSP-2003-14, and CPSP-2003-15 (adoption hearing) ELEMENTS: FUTURE LAND USE ELEMENT (FLUE) AND FUTURE LAND USE MAP AND MAP SERIES; GOLDEN GATE AREA MASTER PLAN (GGAMP) AND GOLDEN GATE AREA FUTURE LAND USE MAP AND MAP SERIES; CAPITAL IMPROVEMENT ELEMENT (CIE); TRANSPORTATION ELEMENT (TE); AND, CONSERVATION AND COASTAL MANAGEMENT ELEMENT (CCME). Transmittal hearings on these amendments were held by the CCPC on May 20, 2004 - and June 3, 2004 for petition CPSP-2003-15 only; and, by the BCC on June 8, 2004. These amendments were then sent to DCA (and other state and regional agencies) for their initial statutory compliance determination review. As noted below, the Florida Department of Community Affairs (DCA) has reviewed the transmitted amendments and issued their ORC (Objections, Recommendations and Comments) Report; DCA did not raise any objections to the amendments. The next step in the GMP amendment process is to adopt, adopt with changes, or not adopt, these amendments. The adopted amendments will be sent to DCA (and other agencies) for their final review and statutory compliance determination. Subsequent to DCA's rendering of a Notice of Intent to find the adopted amendments "in compliance" or not "in compliance" with Florida Statutes, there is a 21-day challenge (appeal) period. Inasmuch as the CCPC has previously reviewed these amendments at Transmittal, this Staff Report does not contain the complete text and/or map changes proposed for each petition; instead, this Report only contains the amendment text, or portions thereof, and maps, where staff is now proposing post-transmittal revisions. The complete text and map changes for each petition are reflected in the Exhibit "A" to the adoption Ordinance for each respective petition. The Exhibits reflect the text/maps as transmitted by BCC, except where staff has recommended post- transmittal revisions (petitions CP-2002-2, CPSP-2003-10, and CPSP-2003-12). FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ORC REPORT and STAFF RESPONSE: In their ORC Report, prepared in response to review of the transmitted GMP amendments, DCA only had one comment, in regard to petition CPSP-2003-12, as follows: "The proposed revision to the Density Rating System is unclear. The provision states that 'acreage to be used for calculating density is exclusive of: the commercial and industrial portion of a project, except - Agenda Item No. BD October 26, 2004 AgendaFlámt 1t8ër 97 where authorization in a SUbdistrict, such as Orange Blossom Mixed Subdistrict; mixed resldentiai and commereial Uses as provided for in the C-1 through C-3 zoning districts in the Collier County land Deveiopment Code, via conditional use, and Oortlons of the oroiect for land uses havin an established residential densi in the Collier J;:ount land Develo ment Code': The PropoSed change, as shawn in the underiining POrtion of this Provision is unciear regarding the regulatory guidelines to be implemented, since n appears to defer to the lDC, and as a resun, could lead to increased density not authorized by the plan." Staff Response: The above DCA comment relative to petition CPSP-2003-12 has been taken into consideration. Staff has made a minor change (added one word) for addnional clarity and for consistency with the LOC density provisions for PUDs. The FLUE already contains some use intensity provisions that defer to the LOC, e.g. Policy 5.8 regarding group housing uses. The proPOsed FLUE amendment similarly defers to the LOC for the allowable density of certain non- residential uses. SOUTH FLORIDA WATER MANAGEMENT DISTRICT COMMENTS and STAFF RESPONSE: The SFWMD had One comment regarding petition CPSP-2003-10, amendments 10 the Golden Gate Area Master Plan. The District expiained that the Comprehensive Everglades Restoration Plan includes restoration of the natural hYdrology in Southem Golden Gate Estates (SGGE) that would include raising groundwater levels and restoring natural sheet flow across previously drained areas. The District nO/ed the CCPC Staff Report for transmittal hearing included a proPOsed objective (2.4) and policy (2.4.1) that addressed the potential expansion of Everglades Blvd. through SGGE as an evacuation route, and expressed concem OVer the incompatibility of this evacuation route with the restoration efforts. The District noted the transmittal resolution did nO/ COntain this objective or policy but Was concerned that, because the CCPC Staff Report still contains this objective and policy, this issue might re-surface. Staff Response: The above SFWMD comment relative to petition CPSP-2003-10 has been taken into consideration, but no text changes are needed or Proposed. The text changes identified in ExhibIT "A" to the transmittal Resolution are the proposed changes approved by Collier County for transmittal to DCA et al; the text changes identifled in Exhibit "A" to the adoption Ordinance are the changes proPOsed to be adopted by Collier County. The adopted text changes are what will be implemented, once they become effective. The CCPC transmittal hearing Staff Report introduced the initial petITion to the CCPC; that Report is now a historicai document. PROPOSED AMENDMENT~ A. PETITION CP-2002_2 CP-2002-2, Petition requesting amendment to the Future land Use Element and Future land Use Map to modify AgriCultural/Rural Mixed Use District, to add "Naples Big Cypress Commeree Center SUbdistricr, allowing commereial uses for a +/- 9.70 acre parcel located at the northwest corner of U5-41 East and Trinity Place, in Section 17, Township 51 South, Range 27 East. [Coordinator: Glenn Heath] CCPC TRANSMITTAL RECOMMENDATION: By vote of 4/4, the CCPC failed to offer a recommendation to the BCC to transmit, or not to transmit, petition CP-2002-2 to DCA for review. A motion to recommend transmitial failed 4/4 as did a motion not to recommend transmittai (one member abstained due to conflict) 2 Agenda Item No. 8D October 26, 2004 Agenda~ #BCf 97 BCC TRANSMITTAL ACTION: By vote of 3/2, the BCC approved transmittal of petition CP-2002-2 to DCA for review, with the stipulation that the petitioner purchase four (4) Transfer of Development Rights (TDR) credits and transfer them to Collier County (to compensate for removing the site from the Rural Fringe Mixed Use District Receiving Lands designation), The petitioner was to work with Staff on the details of the TDR credits transfer. Staff Recommendation _ Adootion: As transmitted by BCC, and with additional changes shown below. Staff proposes these changes for purpose of clarity and proper ordinance formatting and wording. Also, staff recommends deletion of criterion "e." as it cannot be implemented as written and staff is unable to establish suitable replacement text. (How does one determine what uses are "functionally a part of the flea market" or are "independent of the flea market"?) Also, part of that criterion ("Land uses shall be limited to those having a neighborhood market service area and. ..") is not appropriate in the rural setting of the subject site - the traditional trade service area identified in planning/development literature is based upon an urban setting. Words underlined are added; words stnlGk tRreagn are deleted- as Transmitted in June 2004. Words double underlined are added; words 88Hslil strwilh tftf81igR are deleted- as now recommended by staff. Agricultural/Rural - Mixed Use District 2. Naples Bia Cvoress Commerce Center Subdistrict [new text, page 56} DeveloDment of the Subdistrict. will be aoverned bv the followina criteria: a. b. The rezonina is encouraaed to be in the form of a PUD. A unified clan of develocment is reauired. It shall include a common architectural theme that is consistent with the architectural theme of the flea market crocosed for the adiacent C-4 and C-5 zonin_ districts and shall include a arkin lot and edestrian circulation system intearated with the adiacent C-4 and C-5 zonina districts. The Subdistrict shall allow all uses ermitted in the C-4 and C-5 zonin districts in effect as of the date of ado tion of Subdistrict includin the eneral ran e of retail merchandise food service asoline service station and motel/hotel accommodations. The maximum ~ross floor area of all uses in combination shall not exceed 7500 s uare ~~~~r:r~=~o;:":~;~J;I;~~:::::' DG- r f ~~~~~~~1o;'E~f~~æ:¿~=~~::~~ =:~i~1:E:~:¿;;E~~==::~ri t~:~:I:':'.r. c. d. Q. 3 ~ ~t ~~ 11. i. j. PROPOSED AMENDMENTS B. PETITION CP-2003-1 CP-2003-1. Petition requesting amendment to Ihe Future Land Use Element and Future Land Use Map to expand Vanderbm Beach/Collier Boulevard COmmercial SUbdistlict, and to restlict some uses in Ihis expansion area, 10 include +/- 15.88 acres located on the north side of Vanderbill Beach Road and X mile west of CR-951, in Section 34, Township 48 South, Range 26 East. [Coordinator: Glenn Heath] CCPC TRANSMITTAL RECOMMENDATION: By vote of 8/0, the CCPC recommended to tiie BCC to transmit petition CP-2DD3-1 to DCA for review, subject 10 four changes: 1) allow residential use, at a maximum density of 16 dwelling units per acre, so as to promote mixed use deveiopment; 2) allow building height of four stones if at least two floors contain residential uses; 3) clarify that a mixed use commercial bUilding is allowed up to Ihree stolies (retail use on the first floor and office use on the second and third floor): and, 4) clarify language regarding Capital Improvemenl Element (CIE) Policy ,. 1.2 and its relationShip to the concurrency management regulations. .licc TRANSMITTAL ACTION: Bya vote of 4/0, the BCC approved transmittal of petition CP-20D3-1 to DCA for review, per the CCPC recommendation. Staff Recommendation - AdoDtion: As transmitted by BCC. PROPOSED AMENDMENTS C. PETITION CP-2003-2 CP-2003-2. Petition requesting amendment to the Future land Use Element and Future land Use Map 10 establish livingston/Radio Road Commercial Inflll SUbdistrict, allowing commercial uses in the C-3 disllict with a maximum of 50,000 square feet, for a +/_ 5 acre parcel located at the northwest comer of livingston and Radio Roads, in Section 36 , Township 49 South, Range 25 East. [Coordinator: Jean Jourdan] ,- 4 r·"'~ Agenda Item No. 80 October 26,2004 Agenda~ #BfSf 97 CCPC TRANSMITT AL RECOMMENDATION: By vote of 5/4, the CCPC recommended to the BCC to transmit petition CP-2003-2 to DCA for review, subject to two changes: 1) allow residential use, at a maximum density of 16 dwelling units per acre, so as to promote mixed use development; 2) allow an additional floor of building height if the building contains residential use. The dissenters were concerned about the appropriateness of allowing residential use given the surrounding land uses (industrial to north and west; commercial/industrial to south across Radio Road). Bec TRANSMITTAL ACTION: By vote of 4/0, the BCC approved transmittal of petition CP-2003-2 to DCA for review, per the CCPC recommendation. Staff Recommendation - Adootion: As transmitted by BCC. PROPOSED AMENDMENTS D. PETITION CP-2003-3 CP-2003-3, Petition requesting amendment to the Future Land Use Element and Future Land Use Map to establish LivingstonNeteran's Memorial Boulevard Commerciallnfill Subdistrict, allowing commercial uses in the C-1 district with maximum of 50,000 square feet, for a +/- 2.25 acre parcel located at the southeast corner of Livingston Road North-South and Livingston Road East-West, in Section 13, Township 48 South, Range 25 East. [Coordinator: Jean Jourdan] CCPC TRANSMITTAL RECOMMENDATION: By vote of 9/0, the CCPC recommended to the BCC to transmit petition CP-2003-3 to DCA for review, per staffs recommendation. Bce TRANSMITTAL ACTION: By vote of 4/0, the BCC approved transmittal of petition CP-2003-3 to DCA for review, per the CCPC recommendation. Staff Recommendation - Adootion: As transmitted by BCC. PROPOSED AMENDMENTS E. PETITION CPSP-2003-10 CPSP-2003-10, Petition requesting Phase II amendments to the Golden Gate Area Master Plan (GGAMP) text and Future Land Use Map and Map Series, primarily as a result of the recommendations of the GGAMP Restudy Committee to include: A. Changes to the Golden Gate Area Future Land Use Map (FLUM): 1. To establish a new commercial subdistrict, the "Collier Boulevard Commercial Subdistrict", in Golden Gate City on the west side of Collier Boulevard, between Golden Gate Parkway and Green Boulevard. 2. To establish a second new commercial subdistrict, also in Golden Gate City, to be known as the "Downtown Center Commercial Subdistrict," located generally along the eastern portion of Golden Gate Parkway. 5 Agenda Item No. 80 October 26, 2004 AgendaRft(m #86197 3. To expand the existing Santa Barbara Commercial Subdistrict designation one block further east. 4. To amend the Golden Gale Area Master Plan Future Land Use Map to show all Neighborhood Centers. 5. To amend all maps reiative to Ihe Everglades Boulevardllmmokalee Road Neighborhood Center 10 exclude the fire station site at the SW comer of Ihis Intersection. 6. To amend the Golden Gate Area Master Pian Future Land Use Map 10 COrrect Ihe title in legend and Map body for the Commercial Western Estates Infill SUbdistrict. Also, 10 amend the Subdistrict Map to correctiy show the Estates Land Use pattern extending north of Vanderbilt Beach Road. 7. To delete Map 17, showing Ihe South Golden Gate Estates Natural Resource Protection Area. 8. Renumbering of Maps 15 and 16 to reflect order referenced in Table of Contents and text. CCPC TRANSMITTAL RECOMMENDATION: By vote of 8/0, the CC PC recommended to the BCC to transmit petition CPSP-2003-1 0 to DCA for review, Subject to numerous changes, B. Changes to the Golden Gate Area Master Plan Text: 1. Revisions to text regarding the Conditional Uses SUbdistrict to prevent any new commercial or conditional uses 1T0m being established on Golden Gate Parkway, between Livingston Road and Santa Barbara Boulevard. 2. A revision to exceptions to Ihe Conditional Use SUbdislrict Clarifying that conditionai use permits related to model home center tempora'Y use permit time extensions are not Subject to locational criteria. 3. Addition of a new pOlicy related 10 the 1-75 Interchange at Goiden Gate Parkway compiementa'Y to the proposed revisions to the Conditional Uses SUbdistrict. 4. Revisions to the criteria for the Neighborhood Center Subdistrict recognizing permitted and conditionai uses reiative to Ihe Estates Future Land Use Designation, and establishing landscaping and architectural criteria. 5. Addition of lext reflecting the creation of the Collier Boulevard and Downtown Center Commerciai Subdistricts and the expansion of the Santa Barbara Commercial Subdistrict. 6. The addition of new Goals, Objectives and Policies related to rural character, transportation, Golden Gate City and Emergency Management. 7. Revising the title of the "AgriculturaVRural Designation _ Settlement Area District" to "A¡¡riculturallRural Designation - Rural Settlement Area District" to be consistent wtth usage in Ihe Golden Gate Area Master Plan Future Land Use Element and Future Land Use Map series. 8. Revising the text of the Southern Goiden Gate Estates Natural Resource Protection Area. g. Revising the text of the Everglades Bouievard/lmmokalee Road Neighborhood Center to decrease the acreage for the southeast corner. 10. Any text changes or revisions necessa'Y for the purposes of format consistency. [Coordinator: Glenn Heath] BCC TRANSMITTAL ACTION: By vote of 5/0, the BCC approved transmittal of petition CPSP-2003-1 0 to DCA for review, per the CCPC recommendation. 6 Agenda Item No. 80 October 26, 2004 Agenda~ #8& 97 Staff Recommendation - AdoDtion: As transmitted by BCC, and with numerous additional changes shown below. Most of staff's proposed changes are for purpose of accuracy, clarity, and proper ordinance formatting and wording. There are three versions of the Downtown Center Commercial Subdistrict and the Collier Boulevard Commercial Subdistrict - as Transmitted, as recommended by the Golden Gate Commercial Overlay Ad Hoc Advisory Committee, and as recommended by staff. These Subdistricts have been moved out of order and appear immediately below (whereas the Subdistricts appear in the adoption Ordinance Exhibit "A" in the proper location). The Golden Gate Commercial Overlay Ad Hoc Committee was unofficially created in December 2003 to extend the work of the sunsetted Golden Gate Area Master Plan Restudy Committee. Since its inception, the Ad Hoc Committee has met approximately once a month, with its primary focus being the creation of a zoning overlay for each of the two subdistricts proposed by the Restudy Committee. To gather input from Golden Gate residents regarding their vision for these proposed subdistricts, the Ad Hoc Committee advertised, organized, and executed a total of four (4) community workshops over a two-month period, utilizing funds allocated from its $50,000 budget. Although the findings of these workshops will ultimately be incorporated into a zoning overlay presented for adoption at a later date, the Ad Hoc Committee has also made recommendations regarding the language of both the Downtown Center Commercial Subdistrict and the Collier Boulevard Commercial Subdistrict. Because the Ad Hoc Committee's language differs from staff's and the Restudy Committee's, it is being presented separately below. In addition to text changes to the Downtown Center Commercial Subdistrict, staff also proposes to contract the boundaries (please see attached aeria/- it depicts the boundaries recommended by staff, the Ad Hoc Committee, and the Restudy Committee). Staff's rationale for the boundary changes is that the area north of 23rd Place SW, and the area south of 24th Place SW, contains single-family homes within established neighborhoods. Though there are residences located on the south side of 23rd Place SW and on the north side of 24th Place SW, staff endorses their inclusion in the subdistrict in order to provide ample depth for commercial development along Golden Gate Parkway. Furthermore, the Restudy Committee never intended for their recommended boundaries to remain static; rather, they recommended the boundaries with the expectation that they would be "fine-tuned" at a later date by a subsequent committee. Also attached to this Staff Report is an aerial of the Collier Boulevard Commercial Subdistrict. It depicts the boundaries recommended by staff, the Ad Hoc Committee, and the Restudy Committee. Transmitted version: Words underlined are added; words stnl..k tRrBwgh are deleted- as Transmitted in June 2004. 8) Downtown Center Commercial Subdistrict [new text, page 23] The v~es of uses ...ermitted within the Downtown Center Subdistrict see Ma 18 are low intensi retail. offices. Dersonal services. and institutional uses. such as churches and dav care centers. Such develoDment is intended to serve the needs of residents within the Subdistrict and surroundina neiahborhoods and oersons travelina nearbv. Therefore, in order to reduce the 7 - Agenda Item No. 80 October 26, 2004 Agenda~ t.Q3ë197 A. i) 8. a) b) c) d) e) f) g) h) as 0 osed to facades street Ii htin 1. 2. of 8 3. Agenda Item No. 80 October 26. 2004 Agenda~ 1Æëf 97 Manufacturina. storaae or distribution facilities as a primary use. However. these uses are permitted if secondary to an artist's or craft studio. Enamelina, paintina or platinc as a primary use. However. these uses are permitted if secondary to an artist's or craft studio. Cartina. movina or haulina businesses as a principal use. These activities may be permitted for the puroose of sU~~lvina other businesses within the Subdistrict. Sinale-room occupancy hotels__risons, detention facilities. halfway houses. soup kitchens or homeless shelters. Businesses that manufacture, store. or use hazardous materials as a primary use. includinc businesses that store or dispose of hazardous wastes. Scrap or salvaae yards. Mobile homes, Recreational Vehicles. and mobile home or Recreational Vehicles sales or service. Kennels. except as ancillarv to a veterinarv practice or Sheriff's substation. Anv use which is incompatible with the intended purpose of this Subdistrict. 4. 5. 6. 7, 8. 9. 10. 11. C. First floors shall be for retail use onlY. Second floors may be used for retail. office, or residential use, except that restaurants and cocktail ¡ounces are not permitted on second floors. Third floors shall be limited to residential use. D. E. F. 8) shall be across the aile from the structure it serves. Parkin ex osure on the fronta e line shall be limited to an openinc not wider than 25 feet. Outdoor restaurant seatinc shall be permitted to encroach upon the public sidewalks adiacent to the private pro~ertv. provided that a minimum clear pedestrian passace of 5 feet is left between the seatina area and the streetward edae of the sidewalk. Golden Gate Commercial Overlay Ad Hoc Committee version for Adoption: Words underlined are added; words sHl:lek thrøl:lgh are deleted- as Transmitted in June 2004. Words double underlined are added; words ¡¡8'dele ¡;tFusl( tkr8'dgk are deleted - as recommended by Ad Hoc Committee. Downtown Center Commercial Subdistrict [new text, page 23] 9 Agenda Item No. 80 October 26, 2004 AgendaRRrm *8ëY 97 A. The Downtown Commercial Subdistrict is intended to provide for a mix of uses, including light commerc;al, office, cUlturai, residential and institubonal. The permitted uses in this Subdistrict shali be mixed, with emphasis on multiple uses within the same structure. The dwelling units wl/hin this Subdistrict are intended for employees who work within Golden Gate City or Golden Gate Estates, retirees and seasonai residents. The primary function of this Subdistrict is to encourage the redevelopment of Golden Gate Parkway, improve the aesthetics "'ó ~~Y.i",,1 .~.a....... of the area, _ whi~ establishj¡¡¡¡ a prosperous downtown for Golden Gate City and Golden Gate Estates. Development and redevelopment themes for the Subdistrict shall include: a b) c) d) e) f) g) h) and i) 8. street 1. Automatic foOd and drink vendin machines located exterior to a buildin . 10 <"_..--. Agenda Item No. 80 October 26,2004 AgendaFtØ #8ëJ 97 ð. An commercial use em 10 in drive-u drive-in or drive-throu h delive of ~OOdS or services. =:~=: ~:~: or diGIfi~.\~!~~~~ ::: =" UOO ¡'¡OWOVOf, \~OOO _..,,,.-___ __~I1t-- ___saRSBPI' ta BR BRiarS er.e~ ¡;.Q,¡Qte~ ~;3. Enamelin~, eaintina or elatina as a erimaN use. However, these uses are ßermitted if seconda; to an artist'~ or craft studio. =- ::ill: O¡¡ ~:;~O ~~§~~ ~.. ~~ ~~~;:~ 2"r ~~:: ~v bo , ~ e ~ : :¡;~~~~~a ~~er ;waineasea 'VitRiR tRG ~~BsietFi~~ &.4. Sin Ie-room occu anc hotels risons detention facilities halfwa - house~ sou kitchens or homeless shelters. =~u~..,:=~~=~r:;':~:~:='~G~::O O. 0 oli.,o", ..0, ~. ~:~ a~~;:~~;:~:' . ~aB"e Re~e8, Re9reatiaRal '-'eRisles. BRS ~aBils hSR1S sr Re8rsatiaRBI 'eRieI9£ ~~~~;;=i::. ~Q, ~.... ,_ \ 0.0.0,110... 10 0 volon.o", OrootlOO or ¡¡~onlf. .u~sIoI'O. ~ 5. An_ use which is incomeatible with the intended euroose of this Subdistrict. é. 2. ? C. ~u~d~ D. Commercial and residential uses are re uired to a minimum de th of 30 feet r from the frontag,e line of all floors. J I~: ., ' . ~~t ~~sr~ ~Ol:i"~ ':;!f~~t::: ~'I~~V;: ~:: ~;::~.::~ :~ li';ií;.oI ;~. o.o.i.. .01 ~~ I~on ;~ ¡OO~ E. F. Staff version for Adoption: Words underlined are added; words strüøk thraügh are deleted- as Transmitted in June 2004. Words double underlined are added; words ttBw'elo stfU9¡ tJU8U~ are deleted - as now recommended by staff. 8) Downtown Center Commercial Subdistrict [new text, page 23] ~,=o;O~~ :.:~;,m'::'"W:~i; ;~~~::~~=: == on~) ::~= :;Ëd¡~E~~E~~?¡~"~~:-~~~~~Er~=:~~~e =:: ':n:-= :: ~.:= ...=;~ _~or:: :: ~.m.:= ':.¿: ~ :1:: 11 ;;~ ;:~2~~'::· ~~~I~nf~~~~~. ~@..I. ~.~ R§ ~. L ¡-. ~ ~ ~:: S;~~~ ~ ~N 1;~~~: ~ñ~~ i~v~¡ g~~~~~~;¿f~~~~~~~~~~~~j! ~~~-~-~.~=~~: . ~~Q~~?~%S ;~~ ~~::~;!£~;~~::~ A E==~:~:æ~:~~~~:;=~~ ~~~~1~~~~~ £~~~~~ =S::~2==:; ~~¥E~~~¡~~~!:~~ª~~~k~;~id~~~Ël~i ª~~1f~1~~~¡~~ =:~~~~i~~iiì: . :~ ::~: ~~:~~ :':¡,~s~: ?~~~V= ~~rÎ;~~~~io~~tol~~,f~:~~:~£~ Agenda Item No. BD October 26, 2004 AgendaFPtqm Zl315r 97 12 .--."---_U"-···r Agenda Item No. 8D October 26,2004 Agenda~.m" 97 A. All develooment or redevelooment within the boundaries of the Downtown Center Commercial Subdistrict shall include: ~ 1. Provisions for, BRei eReewrase¡q;¡SRt sf. bicvcle and cedestrian travel. e~ 2. An em~hasis on bUildin~aesthetics BRei assearaRes. G iReew ase¡q;¡sRt sf Ff:Ii¡(8 weBS, iR81weliRS resiElBRtial. iR a eiRsle str~. ~ 3. Em~hasis on aA the orderlv circulation sattBrR fer of vehicular awtBFf:leBile. bicvcle and cedestrian traffic. 8. 1'. FeistieR ef wses ts s \':alkaels seals. ~ ~: Provision sf 8BR"1fsFtaBle for broad sidewalks or cathwavs. :.., Enhanced streetscacina iR tRe risRts sf "lav aRB R=lseliaRe. 6. ::::~:B9~~~~ sf G~R:leR :arkiR.e ,areae ~r ¡q;¡.wltisle 8re8~r:tie8, as e88esB~ te _,_...._________1_'1 lets fer ea-R BWIIElIRS Prolect interconnections. where oosslble !~~;~~~~~. +t 7. a BRt ef eQuality desians iRslwEliRs for buildina facades, eØ:eet includina liahtina. Rar¡q;¡eRiBw8 uniform sianaae and landscacina. T~eG wees 8erFFlitteel '!:itRiR tRie êWBElietFiet sRall Be siR:lilar ~~ !~~ ~~~~~~~~~~~ ~,c 1:(; ~;;;;;j C.Z.";A. ¡;)iGlRots... ."lliA.~ i. 110. C.iI¡~~' t~~ ~~~ ~;~ ~-::.ft~~~~..' "~.'. i. III... '.Ai... ~i~", ~~i ~.~-~~.:i~ ~~~;: ,_...__1_ ~I_. -:--..è---~-: IRe Ret EllrBetlv a8wl~IRe .Re GeleleR ~~::.~~~~~~~~~~ ~~h:I~f:: r-;;::~ ;~~t,~eRaï weB a:;rs'Jal. _~ee tR.at ~~ ~~~~~s~~eI ~: ~.~=tte~: _____..___ 86 -~----R __._ - 1. C 2, a-- C :¡ 1eRI..s QIStFI8tS sRall Be BfSRI8IteQ..- +Re felledREI wses afe alse 8rsRiBiteel: B. ~~~~~:~ .~s:s ~~~~:~~.~U~~i~~~~t shall inc~ud~ onlv the followina. exceot as .~av ~e e I I n I I a I overlav dlstnct. and exceot as may be orohlblted In oaraaraoh D below: B 1. ~hose uses oermitted bv riaht within the C-1 C-2 and C-3 zonina districts. as ~~~~~~h t~~~~~:: t~~~~ L~~~ ~eveloo~e~t Cod~ (L~C)' an~. . . . . I I m v t n the eXlstlna residential zonma districts In this S~~~t~:~. . T ;"itted uses that may be allowed in an imolementina zonina overlav district. 2. 3. C. Conditional uses allowed bv this Subdistrict shall include onlv: 1. Those conditional uses allowed within the C-1. C-2 and C-3 zonina districts. as o~~~d ~~e LDC: T c ¡tio~-;I~ses allowed within existina residential zonina districts in this S~~~iS~~ T e ditional uses that may be allowed in an imolementina zonina overlav ~S\~: ~n~ u ~ d' ina areas not directlv abuttina the Golden Gate Parkway riaht-of-wav. 2. 3. 4. D. Prohibited uses in this Subdistrict are as follows: 1. Automatic food and drink vendina machines located exterior to a buildina. 2. Anv commercial use emclovina drive-uc, drive-in or drive-throuah delivery of goods or services. 13 Agenda Item No. 80 October 26, 2004 Agenda~ *86197 4. . . . ". . i. ~;ch~~~O~~~~e~es~~h:'t~~. <sons delenlion ;'me~ ~'fway~:~~:: so: ; 5;~~t~~~~~::~:=:~:.:.~:: ;:5 ªª~~~£~5Ës~~:;;;:: ~ E ~ fl= ~~:~~'bl~ I~~Ô r(n~~~~ ~ .: nc. . ~:. ::_: 2. ~~:~~ÈÈ1~\:~~i~S ~:~r~§;t; ~d ~~~:I~~~~ a~ 3. ~~~~d~nti~' ~;;:; ~r~~~ on~;;; - Q,F .. '-~f ;.n :.';:. ~L~=~~':f~t."J~~ ~G. :n:~!t~~~~:;:r{fEi::~~~l~~ 1. ~;;':1: :bliG oarkino soace::r:h 1,DDDsaua .e ~.. ~~;~~ih~~n~~~t~v~aCh ~~:;::~ ~:~. ~.. ~:~~~:~k~::Ef,~r~7!!\~;~O=â~~ nf Seatino are~ . " ublic sidewalks . 5 14 feet ~ sidewalk. Agenda Item No. 80 October 26, 2004 Agenda~ #2151 97 between the seatin area and the streetward ed e of the Transmitted version: Words underlined are added; words strliek tAraligÀ are deleted - as Transmitted in June 2004. [new text, after page 23] 8\ Collier Boulevard Commercial Subdistrict Golden Gate Commercial Overlay Ad Hoc Committee version for Adoption: Words underlined are added; words strlisk tlU8ligh are deleted - as Transmitted in June 2004. Words double underlined are added; words å8'dBls atr'dsk tRF8'dgk are deleted - as recommended by Ad Hoc Committee. 8\ Collier Boulevard Commercial Subdistrict [new text, after page 23] The uses permitted within this Subdistrict will be in accordance with the Standard Industrial Classification Codes for the C-3 and C-4 Zoning Districts (depending upon existing zoning as of the date of adoption of this Subdistrict) as identified in the Collier County Land Development Code. However, any such uses are required to provide suitable landscaping, control ingress and egress, and ensure compatibility with abutting residential zoning districts. This Subdistrict shan anow local street vacation or relocation if alternate access is provided. A· fu';;~~~~~!..~;~~~fci~I~~~ $~~i~~;a~i~~~~~ ~ ~~~~i~cf~J:S. ~~;~E~:~~:~i~~~~f.~ff~2~~:~~i~=~;~:::\j~~'d~" 15 Agenda Item No. 8D October 26, 2004 AgendaRR(m Jf8ör 97 ~;~!~ét~t1.~~~~~ate ¡;i¡tate~ DevelQement and redevelQQment themes for tJ¡¡¡ t rrQ~~::~r~~~:~~~~~ ~~~~~~a~~~~:~r:: f Š¡~í~7~E~~~~te~~~~~:~~tra~ t ~~i!~~~~~~~r;wav~ ~ i~~~~~§~~~h:::~:=::~~;:= 9. ==~[~£::=~ ~~~~ildin_ _~_~___~___ i__ Lg. W 0"" onderUn.d .... oddod; wnrd, .....ok !lvough '" do/otod _ us Tr.usmltfed In Joo. 2004. W""" do.bl. onderUn~ ." odd'd; word, "'"hl. .....1' .......,. ." d.lotod _ us now -ounondod by 'toff Staff version for Adoption: Cellier Beulevard Cemmercla' Subdistrict ;new text after ;a;e 2~ !ê§~~~~_~~ ~;i~!t~~~~~~æ~;3~~~~ ët~~~;::=~:=:æ;~~~!~:=: ! ~~&Hª i~~ ¡ ~i¥ëª~~~ ~~~~€~~~~~~ª~~4~~ =~~:::ee~:=; .' h ~:_.:.: ~~~~~~Fi:;£;~~~1:;J:!~~::;': t.~ ~r:a~n1~~~~~ {f ~:: :: ~ ~s~ ~~ ~~ ?~~~~-1~ S1,;:fd C-5 Tgis SU~distr; _..': ~niïnerci~ldèY~DÍ¡~e~ e~ . ~ie'-n-- " . ~ :::::- '. ~e '~. ~~s shalt be ;1""taQ tq Ibree ~tenes: Qet te.. 0 fee~ ,nclusNe ef un~:r ::'~: =~nro -=l1s~~ Z~V:V~~ ~n~~i~~~~ie~ to~~~le~~6i"~~~~b~~~ /I 16 .H____h'_,~ Agenda Item No. 8D October 26, 2004 Agenda~ #8B197 A All develooment and redevelooment within this Subdistrict shall include: 1. ~. ~: Provisions for bicvcle and oedestrian travel. ~~~~o~~~~ ~~~?ï~ aesthetics. ~~~~~~~~ ~~I~~:;~;;~'~ ~~f~~;:~~ ~fvehicula~. bicvcl~ and oedes~r~~ ~~~~~ . ~~ ~~ì~~t'~~ . ' n . are~s. which mav Include local street vacation I If alternative access IS orovlded. ¡;ro~ision for broad sidewalks or oathwavs. ~~2~~~~~na. ð~t~:~~~~ i~td~~~fa~~rconnectians where aassible and ;ea~le II Includlna hahtlna uniform slanaae and landscaoina. 5 6. 7. 8. Remainder of GOLDEN GATE AREA MASTER PLAN Words underlined are added; words stmsk threagh are deleted - as Transmitted in June 2004. Words double underlined are added; words 88whle otm81: tkrewgR are deleted- as now recommended by staff, [revised text: page 2] Introduction Section: Collier County hae; experion~~ as::ns:ndoue; r::1te of popul~ ~~?:~h ~: .. Q::n:~h~= ic anticipated to oontinue. n c to ïh~ ~ntioipat()d population incroa~ and the Growth Management .^.ct ~ 1::5, In January of 1989, Collier County adopted a revised Growth Management Plan. :;~::~ :;, ~~øg as part of a srotewi~" "!foR to .-~~ ~~~ ~~~. :: G~oQo; ::".. ~:¡~;;d ':;~~ :::g~;'" .at aR ~""A highe" ~~~~':'.':.~ :.~ :: Fat~ ~"... . _8_ _, t te 6IgRmœAlly te CeYR\} . Ade gro-.<th IR the IutYFB. As art of the revised Growth Manaaement Plan. the County adopted the oriainal Golden Gate Area Master Plan ,GGAMP. in 1991. The GGAMP was further revised in ~ 1997. The Golden Gate Area Master Plan provides arowth manaaement reaulations for the desianated Golden Gate Area (see Map 1 ). The restudy process was divided into two phases. The County transmitted Phase I amendments to the Florida Department of Community Affairs (DCA) in MaFeB April 2003. These amendments were adopted. as Ordinance 2003-44, in Oet999F Seotember 2003. Phase II amendments were transmitted in 4. The Phase II amendrrents were adopted in JaA\:I8fV Qctober 2004. as Ordinance 2004- ~. Overview Section: [revised text: page 4] II. OVERVIEW B. GOLDEN GATE AREA PLANNING PROCESS ~I~~~~~ ~=RLa:::~:' ~:Rt i. ~ivi~e~ iRta w.'e .a~~~~ ~~:: =: a"'IiRe. , G d I s. ocond sootlon Ie: the Land Use D:3ta aRe ,^.Raly&lS. Policy 1.1, oont:3ined within the Goale;, Objectives and Policioc e;omion, e:tatec the following: ;~:~.=:=~=.: ~e;y ~u~~~~1·~~~:~::~I~r~ ::\1 i~:ru": 17 - ~6=:, ~wtwFe hSRS bJee, \!lIster MSRa§Eì'FReRt, 9QR f.ìlgeFatJ eRs,.:: Agenda Item No. 8D October 26,2004 AgendaRtqm am1 97 rWe/ie Faeilitiee BRS et~~ "A detailed Master Plan for Golden G te Est this Growth Mana ement Plan in Februa 1991. The Master Plan addresses Natural Resources Future Land Use Water Mana ement Public Facilities and other considerations. " GOAL 4: COLLIER COUNTY PLANNING EFFORTS WITHIN GOLDEN GATE C T SHALL SEEK TO PRESERVE AND ENHANCE A MIX OF RESIDENTIAL AND COMMERCIAL LAND USES THAT PRDVID S FOR THE B IC N-EDS OF BOTH THE LOCAL RE IDENT AND THE RESIDENTS OF THE SURROUNDING AREA. [new text, page 10] OBJECTIVE 4.1: Cnew text, page 10J Oevelo ment and redevelo ment within Golden Gate Cit shall focus on the rovislon of residential and commercial that meets the ne ds of the surroundln area. a b) Commercial re-vitalization. to include: i. Sidewalks iì. Traffic ca/minc measures iii. ImDroved street liahting; c d) e) f) 18 GOAL 5: Agenda Item No. 80 October 26,2004 Agenda~ _fit 97 [new text, page 10] FUTURE GROWTH AND DEVELOPMENT WITHIN GOLDEN GATE ESTATES WILL BALANCE THE DESIRE BY RESIDENTS FOR URBAN AMENITIES WITH THE PRESERVATION OF THE AREA'S RURAL CHARACTER. AS DEFINED BY WOODED LOTS. THE KEEPING OF LIVESTOCK. THE ABILITY TO GROW CROPS. WILDLIFE ACTIVITY. LOW-DENSITY RESIDENTIAL DEVELOPMENT. AND LIMITATIONS ON COMMERCIAL AND CONDITIONAL USES. OBJECTIVE 5.1 : [new text, page 10] By 2006 ~. the Collier County Land Development Code shall ~ a~~~ ~~rovide ~ ~ new commercial development within Neiahborhood Centers Cel89R Cate estates sRall ee~9lv witt.;, 8gesifis rwral 8e8hiR BtaReare~. 5:~=¡ &.1. ~: [new text, page 10] ~::rl~~~ ~~9:~ ~ t:::~r:'Ji8ieR8~ all .Rew se~~ersial 8evele9~~~~i~~~~~~ ~t~~ ~:~ ::=~;¡ o~ -co ____ t...e tR8 -rst.;,ltestwRaI aR8 laR8B ~8~ ~!' ~t~~~~~ ~=~ " i st~ï;~ g9.;¡;~;;tk;R-. Cem9liaRse '.vitt.;, tRs....e å8Si;R staFlåar~~ shall 8e i~ aaåitieR te aR': staFlåare8 tRat mav 88 reElwiree iR sgesi~s sw88istrists. Pølis\' &.1.2: PO~cv 5.1.1: [new text, page 10] Consistent with _ublic safety reauirements. street. recreational and structure liahtina within Golden Gate Estates shall be placed. constructed and maintained in such manner as to prevent or reduce liaht pollution. In implementina this Policy. the County shall applY the followinQ standards: a. If a streetliaht or an area liaht is reauired. it shall be of the type specified to protect neiahborsina properties from direct alare. Area liahtina shall be shielded such that direct rays do not pass property lines. Low-pressure sodium lamps are encouraaed while haloaen type liahts are discouraaed. 1. Where reauired. the street lamp shall be of the hiah pressure sodium type and have a "cobra head with flat bottom" sMe or be fullY shielded so that liaht is directed only downward. Street lamps shall be mounted on a wood pole at a heiaht and wattaae recommended bY the appropriate electric utility and as appropriate for a rural area. 2. Parkina lot lamps shall be low-pressure sodium type lamps and shall be mounted so that they point downward without direct rays extendina past the parkina lot. buildina entrance. walkway, or other area intended to be illuminated. b. Where liahtina of recreational areas a4=6 is reauired. such liahtina shall be mounted so as to focus illumination on the areas intended to be illuminated, and to limit the amount of liaht that extends outside of the intended area. Policv 5.2.2: [new text, after page 10] The Collier County Parks and Recreation Department shall create a public network of areenway corridors within Golden Gate Estates that interconnects public lands and permanentlY protected areen space. The first seament of areenway shall be in place bY 2006~. The areenwav network shall consist of interconnected trails and paths~ which allow people to move about the Estates Area bY means other than~ motorized vehicles. All areenways shall be constructed within 19 Agenda Item No. 80 October 26, 2004 AgendaFftQm *8& 97 the Coun shall not Cnew text, after page 10J P<oliov U,!:t [new text, after page 10) ~~.~~:;i==E':£~=:':~~=:~~~~:r:~== ::: :,: . Pollcv 5.3. t [new text, after page 10) The rowin of food ere s and/or the kee in of iivestock on re erties within Golden Gate Estates shall be ennitted rovlded Ihal such actlvmes are conducted aCCOrdin to the Land Deve/ooment Code. Cnew text, after page 10J GOAL 6: the FUTURE TRANSPORTATION IMPROVEMENTS WITHIN THE GOLOEN TE AREA SHALL PROVIDE FOR A SAFE AND EFFICIENT CO NTY AND LOCAL R ADWA Y NETWORK WHILE AT THE SAME TIME S EKING TO PRESERVE THE RURAL CHARACTER OF GOLDEN GA TE ESTATES. Cnew text, after page 10J Cnew text, after page 10J increase he n mber of route st-west and north-south considerations and consistent with the 20 Agenda Item No. 80 October 26, 2004 Agenda~ #815f 97 [new text, after page 10] Trans ortation Plannin De artment shall coordinate e#isials to rioritize necessa road GOAL 7: [new text, after page 1 0] THE LIVES AND PROPERTY OF THE RESIDENTS OF THE GREATER GOLDEN GATE AREA. AS WELL AS THE HEALTH OF THE NATURAL ENVIRONMENT. WILL BE PROTECTED THROUGH THE PROVISION OF EMERGENCY SERVICES THAT PREPARE FOR. MITIGATE. AND RESPOND TO. NATURAL AND MANMADE DISASTERS. Golden Gate AFea Fire Policv 7.1.2: [new text, after page 10] The Golden Gate ÅfeQ Fire District and Collier Coun Emer enc shall activel romote the Firewise Communities Pro ram throuah oublic education in Golden Gate Estates. Policv 7.1.3: [new text, after page 10] By 2005. the Collier County Community Develooment and Environmental Services Division shall evaluate the Land Develo ment Code for Golden Gate Estates and shall eliminate any reauirements that are found to be inconsistent with acceotable fire orevention standards. This evaluation rocess shall be coordinated with the Golden Gate AFea Fire Control and Rescue District and the Collier Coun Emer enc . Policv 7.2.2: [new text, after page 10] The Golden Gate AFea Fire District Emer enc Medical Services De artment and the Collier Coun Sheriff' De artment shall receive co ies of re- construction clans for caoital imorovement oroiects in the Golden Gate Area and shall be invited to review and comment on olans for the oubUc oroiects. 21 OBJECTIVE 7.3: Agenda Item No. 8D October 26, 2004 Agenda~ aBfi197 a. b. c. An 1-75 Interchanee at EVere/ades Boulevard. ÎmDroVed emer ene access frDm EveUades Boulevard to '-75. Construction of a north-south bridee on 23rd s.treet. ~W between Whl e Boulevard and Golden Ga e Boulevard. [new text, after page 10} ~.§J Santa Barbara Commercial Subdistrict [revised text, page 20} S==~~f~~n~;:~:=:~ ~~~~~~êl~~ª~~ s. Ë=:;,;E :=:==-.ø:~:?E . 22 ---- r Agenda Item No. 8D October 26,2004 AgendaFttQra _éJ 97 a. Estates-Mixed Use District 2) Neighborhood Center& Subdistrict, Part c [revised text, page 26] c) Criteria for land uses at the centers are as follows: 15th bullet: . Commercial uses shall encouraae oedestrian traffic throuah olacement of sidewalks. oedestrian walkwavs. and marked crosswalks within oarkina areas. Adiacent oroiects shall coordinate olacement of sidewalks so that a continuous oathwav throuah the Neiahborhood Center C9R=1FREmilial i!,lsåistri8t is created. 21st (last) bullet: . Projects within the Neighborhood Center Subdistrict [)8siSRati8R that are submitted as PUDs shall provide a functional public open-space component. Such public open- space shall be developed as green space within a pedestrian-accessible courtyard, as per Section 2.4,5.4 of the Collier County Land Development Code, as in effect at the time of P.U.D. approval. 5) Conditional Uses Subdistrict, Part b [revised text, page 31.1] b) Golden Gate Parkway and Collier Boulevard Special Provisions: :~I~':"':~":,~~O:'~== :: ~:I~~.~:.p;~:;{¡~~~:,~~~: R~~'::: ~:: ~. ~ :.=:~ ~:: Ro.. ExtOR.lOA. ~ Ihe .~; ~~:. ~r by IS 0 It n. (2) or more slclo yarcls, 'f.-Ith no mtorveAIA€ ngRts af way or '::aterways, exoept for the follO'Jdng: CeRåiti9RBI !,ISSS (9X8Spt 9ss8Rtial s9J:\.'i89S, as åSS8fi89å iR ParaSfap;¡ a), ase',e) sRall R9t sa pefR=li\tae: . QR Conditional uses (exceDt essential services as described in ParaaraDh a). above) shall not be Dermitted on those parcels immediately adjacent to the west side of CR 951 Collier Boulevard within the Estates Designated Area unless the parcel is directly bounded by conditional uses on two (2) or more side yards with no intervening rights-of-ways or waterwaysf ~ . Recoanizina the existina residential nature of the land uses surroundina the olanned 1-75 interchanae at Golden Gate Parkwav. there shall be no further conditional uses sr 8SFRFRereial 19RiRQ for orooerties abuttina Golden Gate Parkwav. between Livinaston Road and Santa Barbara Boulevard. Further. no prooerties abuttina streets accessina Golden Gate Parkway within the above- defined seament shall be aDDroved elassifiee for conditional er eeRlmeF8ial uses. This orovision shall not be construed to affect the area described in Paraaraoh 1. below. nor shall tRis 8rev~sieR se veR~~~~~~ t~ ~~8~ t~~~;~ie~ = I:: ~ ~~~ C...,;;...,.. I"fill S"b.'oI~, W~IO~ ,. I.~~ ~ -.9 __~--.-Q-r,--r __ _.__SR Gate PBflw:a'! BRå _aRta QarSBrEiI Qswlevarå£. it ~r~~I~d~~~s~~ti;;;¡ services. as described in Paraaraoh at above. 23 --" PROPOSED AMENDMENTS G. PETITION CPSP-2003_11 Agenda Item No. 80 October 26, 2004 AgendaRátm itØêf 97 CPSP-2003-11, Petition requesting various "glitch" amendments consisting of technical corrections, claHf/cations and additional terminology to the Future Land Use Element, Conservalion and Coastal Management Eiement, Capital Improvement Element, Transportation Eiement, and Golden Gate Area Master Plan Element, pertaining to the Rural FHnge Area and the Rural (Eastem) lands StewardShip Area. [Coordinator: David Weeks] CCPC TRANSMITTAL RECOMMENDA T'O~: By vote of 7/0, the CCPC recommended to the BCC to transmit petition CPSP-2003-11 (pertaining to wildlife POlicies only) to DCA for review, per staffs recommendation. BCC TRANSMITTAL ACTION: By vote of 4/0. the BCC approved transmittal of Petition CPS P-2003-11 to DCA for review, per the CCPC recommendation. Staff Recommendation - AdoDtiQ11: As transmitted by BCC. PROPOSED AMENDMENTS H. PETITION CPSP-2003_12 CPSP-2003-12. Petition requesting amendments to the Future land Use Element (FLUE) and Future land Use Map (FLUM), Transportation Element (TE), Conservation and Coastai Management Element (CCME) and Capital Improvement Element (CIE) to include: 1. Amend CCME and CiE to claHfy the FLUE determines allowable density in the Coastal High Hazard Area. 2. Amend TE and CIE to include review of conditional use petitions, Stewardship Receiving Area pelitions, and FLUE amendment petitions for impacts upon pUblic facilities. 3. Amend the Density Rating System in the FLUE to further explain how density is caicuiated; to further claHfy accessory dwellings not Subject to the Density Rating System; to identify when density may be allowed beyond that permitted by the Density Rating System; and, to further limit the apPlicability of the Conversion of Commercial Zoning Density Bonus. 4. Amend the FLUE 10 delete the requirement to have access onto Eatonwood Lane from the Livingston RoadlEatonwOOd lane Commerciallnf/II SubdistHct. 5. Add two maps to the FLUM SeHes, one depicting the Copeland Urban Area and one depicting the Plantation Island Urban Area to show greater detail of these two Areas. 6. Other minor and incidental text changes. [Coordinator: David Weeks] CCPC TRANSMITTAL RECOMMENDA TIQN: By vote of 7/0, the CCPC recommended to the BCC to transmit petition CPSP-2003-12 to DCA for review, Subject to one change: 1) do not include the changes to the CCME or CtE Policies regarding density in the COastal High Hazard Area (CHHA). The CCPC believes the inlent of these eXisting CCME and CiE POlicies is, or may be, to limit density in the CHHA to four dwelling units per acre. 24 Agenda Item No. 8D October 26, 2004 AgendaRU tœë197 BCC TRANSMITTAL ACTION: By vote of 3/1, the BCC approved transmittal of petition CPSP-2003-12 to DCA for review, per the CCPC Recommendation. Staff Recommendation _ AdoDtion: As transmitted by BCC, and with the one word addition shown below. Staff proposes this change for purpose of additional clarity and for consistency with the LDC density provision for PUDs. Words underlined are added; words struck thraygtl are deleted - as Transmitted in June 2004. Words double underlined are added; words 88U@hl Bwysh tfif8U~ are deleted - as now recommended by staff. FUTURE LAND USE ELEMENT DENSITY RATING SYSTEM [revised text: page 36] 2nd paragraph: "Within the applicable Urban Designated Areas, a base density of 4 residential dwelling units per gross acre is permitted, though not an entitlement. This base level of density may be adjusted depending upon the location and characteristics of the project. For purposes of calculating the eligible number of dwelling units for a project (gross acreage multiplied by eligible number of dwelling units per acre), the total number of dwelling units may be rounded up by one unit if the dwelling unit total yields a fraction of a unit .5 or greater. Acreage to be used for calculating density is exclusive ot the commercial and industrial portions of a project, except where authorized in a Subdistrict, such as the Orange Blossom Mixed-Use Subdistrict¡ ~ and.. except for mixed residential and commercial uses as provided for in the C-1 through C-3 zoning districts in the Collier County Land Development Code, via conditional use: and. oortions of a oroiect for land uses havin an established' residential densi in the Collier Count Land Develooment Code." PROPOSED AMENDMENTS I. PETITION CPSP-2003-13 CPSP-2003-13, Petition requesting amendments to the Capital Improvement Element to update the Schedule of Capital Improvements and table of Costs and Revenues, and to add Level of Service Standards for government buildings. [Coordinator: Stan Litsinger) CCPC TRANSMITTAL RECOMMENDATION: By vote of 7/0, the CCPC recommended to the BCC to transmit petition CPSP-2003-13 to DCA for review, per staffs recommendation. Staff presented an expanded Schedule of Capital Improvements at the CCPC hearing. BCC TRANSMITTAL ACTION: By vote of 4/0, the BCC approved transmittal of petition CPSP-2003-13 to DCA for review, per the CCPC Recommendation. Staff Recommendation - AdoDtion: As transmitted by BCC. 25 PROPOSED AMENDMENTS J. PETITION CPSP-2003-14 Agenda Item No. 8D October 26, 2004 AgendaFlátm #Sër 97 CPSP-2003-14. Petition requesting amendments to the Transportation Element to revise the functional classification of various county and/or state roads. [Coordinator: Don Scott] CCPC TRANSMITTAL RECOMMENDATION: By vote of 7/0, the CCPC recommended to the BCC to transmn Petition CPSP-2003-14 to DCA for review, per staffs recommendation. BCC TRANSMITTAL ACTION: By vote of 4/0, the BCC approved transmittal of petition CPSP-2003-14 to DCA for review, per the CCPC recommendation. Staff Recommendation - Adoetion: As transmitted by BCe. PROPOSED AMENDMENTS K. PETITION CPSP-2003-15 CPSP-2003-15, Petition requesting Phase" amendments o!the Community CharacterlSmart Growth Advisory Committee, to amend the Future land Use Eiement, Golden Gate Area Master Plan and Immokalee Area Master Plan, to implement the Community Character Plan by promoting pedestrian-oriented, human-scaie development and interconnection of neighborhOOds and developments. [Coordinator: Jason Sweat] CCPC TRANSMITTAL RECOMMENDA TION: By vote of 6/0, the CCPC recommended to the BCC to transmit petition CPSP-2003-15 to DCA for review, with minor changes to staffs recommendation. BCC TRANSMITTAL ACTION: By vote of 4/0, the BCC approved transmittal of petition CPSP-2003-15 to DCA for review, per the CCPC recommendation and with one addition to Policy 7.1 regarding loop roads. STAFF RECOMMENDATION - Enttre 2003 C cJe 1 GMP Amendments: That the CCPC forward the 2003 Cycle 1 GMP amendments (petitions CP-2002-2, CP-200:>-1, CP- 2003-2, CP-200:>-3, CPSP-2003-10, CPSP- 2003-11 (major POrtion _ ali except wiidlife policies), CPSP-2003-12, CPSP-2OO3-13, CPSP-2003-14, and CPSP-2003-15) to the BCC wnh a recommendation to adopt - wnh modifications since Transmittai hearings, as noted in this Staff Report - and transmit to the Florida Department of Community Aftairs for statutory compliance review. 26 ~ ~ r ~ ~ Agenda Item No. 80 October 26,2004 Agenda~ #Bëf 97 PREPARED BY: DATE: Marcia R. Kendall, Planner Comprehensive Planning Department PREPARED/ REVIEWED BY: DATE: David Weeks, AICP, Chief Planner Comprehensive Planning Department REVIEWED BY: DATE: Stan Litsinger, AICP, Director Comprehensive Planning Department APPROVED BY: DATE: Joseph K. Schmitt, Administrator Community Development & Environmental Services Division COLLIER COUNTY PLANNING COMMISSION: MR. RUSSELL A. BUDD, CHAIRMAN NOTE: These petitions have been advertised for the October 26,2004 BCe hearing. 2003 cycle 1 GMP Adoption amendments (petitions: CP-2002-2, CP-2003-1, -2, -3, CPSP-2003-10, -11, -12, -13, -14, and -15) G, Compo Compo Plan Amendments, 2003 cycle n1I.-dw/9-2B--04 27 ORDINANCE NO. 04- AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AMENDMENTS TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, GOLDEN GATE AREA MASTER PLAN AND THE GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAp SERIES, CAPITAL IMPROVEMENT ELEMENT, CONSERVATION AND COASTAL MANAGEMENT ELEMENT, AND TRANSPORTATION ELEMENT, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Agenda Item No. SO October 26, 2004 Page 38 of 97 WHEREAS, Collier County. pursuant to Section 163.3161,~, Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Ronald F. Nino of Vanasse & Daylor LLP, representing Vanguard Funding. L.C., requests an amendment to the Future Land Use Element and Future Land Use Map and Map series, to establish the Naples Big Cypress Commerce Center Commercial Subdistrict, to ''''"de 9.70 a",., +/-, 10"'tad at the Northwa" ,orne, of US-4' Ea.. aM T"nlly Plaœ, .lIoo;n, commercial uses, located in Section 17, Township 50 South, Range 27 East, and WHEREAS, Robert J. Mulhere of RWA, Inc. and Bill Hoover of Hoover Planning, representing Mark Lindner, Trustee of Vanderbilt Beach Road Land Trust, requests an amendment to the Future Land Use Element and Future Land Use Map and Map series to expand Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, to include 15.88 acres+/-, on the North side of Vanderbilt Beach Road and 110 mile west of Collier Boulevard (CR-951), and restrict some uses, located in Section 34, Township 48 South, Range 26 East, and WHEREAS, RObert Duane, of Hole Montes & Associates. representing John Wanklyn, Radio Road Joint Venture, requests an amendment to the Future Land Use Element and Future Land Use Map and Map series. to establish the livingston/Radio Road Commerciallnfill Subdistrict, to include 5 acres +/-, located at the Northwest corner of Livingston and Radio Roads, to allow commercial uses in the C-3 Zoning District with a maximum of 50,000 square feet, located in Section 36, Township 49 South, Range 25 East, and WHEREAS, Robert Duane, of Hole Montes & Associates, representing Dr. Michael Arbi/man, Brighton Rad. Assoc. Pension Trust and Brighton Rad. Assoc. Profit Sharing Trust, requests an amendment to the Future Land Use Element and Future Land Use Map and Map series, to establish the Livingston RoadNeteran's Memorial Boulevard Commercial/nfill Subdistrict, to include 2.25 acres +/-, located at the Southeast corner of the intersection of north- south Livingston Road and the east-west Livingston Road segment, allowing commercial uses in the C-1 Zoning District with a maximum of 50,000 square feet, located in Section 13, Township 48 South, Range 25 East, and WHEREAS, Staff initiated Phase II amendments to the Golden Gate Area Master Plan text, the Golden Gate Future Land Use Map and Map series, derived from the work completed r" Agenda Item No. 80 October 26, 2004 Page 39 of 97 by the Golden Gate Area Master Plan Restudy Committee between June 2002 and June 2003; and WHEREAS, Staff initiated various amendments to the Future Land Use Element text, the Conservation and Coastal Management Element, the Capital Improvement Element, the Transportation Element. and Golden Gate Area Master Plan Element text, pertaining to the Rural Fringe Area and the Rural (Eastern) Lands Area; and WHEREAS, Staff initiated amendments to the Future Land Use Element and Future Land Use Map and Map series, the Transportation Element, the Conservation and Coastal Management Element and the Capital Improvement Element; and WHEREAS, Staff initiated amendments to the Capital Improvement Element to update the schedule of Capital Improvements and Table of Costs and Revenues, and to add level of service standards for government buildings; and WHEREAS, Staff initiated amendments to the Transportation Element to revise the functional classification of various roads; and WHEREAS, Staff initiated Phase II amendments of the Community Character/Smart Growth Advisory Committee, to amend the Future Land Use Element, to implement the Community Character Plan by promoting pedestrian-oriented, human-scale development and interconnection of neighborhoods and developments; and WHEREAS, Collier County did submit these Growth Management Plan amendments to the Department of Community Affairs for preliminary review on June 18, 2004; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the Future Land Use Element and Future Land Use Map and Map series, the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map series, the Capital Improvement Element, the Conservation and Coastal Management Element, and the Transportation Element, to the Growth Management Plan and transmitted its findings in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 60 days from receipt of the Objections, Recommendations, and Comments Report from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report; the documents entitled Collier County Growth Management Plan Amendments, and other documents, testimony and information presented and made a part of the record at the meetings of the Collier County Planning Commission held on October 7, 2004, and the Collier County Board of County Commissioners held on October 26, 2004; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the Future Land Use Element and Future Land Use Map and Map series, the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map series, the Capital Improvement Element. the Conservation and Coastal Management Element. and the Transportation Element, to the Growth Management Plan on October 26, 2004; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 2 SECTION ONE: Agenda Item No. 80 October 26, 2004 Page 40 of 97 ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The Boa", ,t Cau'ly Comm'",on,,, h,"",y 'd",," th..e .moodme," I' lhe Futu" L.M U.. Eleme", 'M F",,,, L"d U.. M.p "d M.p ",;as, th, G'ld" G... A"'. M".., PI" "d G,~" Gete A... M...., PI" F,Iu", la'd U" M.p aM Map ";;as, th, Cap;tal Impm_en, E~m"! th, Con..,,,,,,,, .nd C"'''' M"agemen! EI'men! "d th, T""p,,,..,on E!em,,! " ''''''''''''Cð with Secti", ,.3,3'84, FloOd, S"M.., Th, Ie'" aM m,p< of the am"dme," a" ""hed h'''I, .. Exhi~1 'A' 'nd a" i''"''''''''1ed by """'œ herein. SECTION IWO: SEVERABILITY. if "y ph.." " ""rt~, of Ihi, O""oa,Cð is h,~ i,,,,,~ " '",on'_a; by a,y "",rt 'f "'m....'" j'rindict~" 'u'" p,rt,on ,hall be da'med a _,a.., di",ct "d "depend,,! provision and such holding shall not affect the validity of the remaining portion. ~ECTlON THREE: EFFECTIVE DATE. The effecttve da.. "the.. am'Mm,," "a" be the dale a 'oa' '''''' 'e .s..." by the Depa"",,,, of C'mmuoity A'"" " Adm'",""'lion C,mmi"ion "di'9 the amendments i, "mpfia,Cð " a"",,,,,,Cð with -on 163,3184, FIo'~a Sta"Ie" whi"',,,,, <>oou" e.rti", N, de'e'""me'l "de", d'''''''omen! """i", "'''d "'as dependent on th..e .meMme"" may b, '''ued """mm"œ b,"'" ;t ha, """me """'e, if a .,al ,"'" of """mp'~,Cð . '''ued by the Adm"....'" C'mmi..~" th"e ame'dm,," may ''''''''h'les, be made effen""" by 'd'p"" of a R.. "u'on affj""i'9 its e'e",,,,, statu" a "py ,t wh'", R.."u,,,,, 'hall b, "'f '" the Dep.rtme", of C,mmu,,'1y A'.,,,, B,,,au of ,""", P'a'""9, 2555 Shuma", Oaks Blvd., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 26tLday of October _, 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA Chairman Approved as to form and legal suffiency: MARJORIE M. STUDENT AsSistant County Attorney 3 -.- ! Agenda Item No. 80 October 26, 2004 Page 41 of97 Exhibit A FUTURE LAND USE ELEMENT CP-2002-02 Agricultural/Rural - Mixed Use District 2. NaDles Sic CVDress Commerce Center Subdistrict [new text, page 56] Develocment of the Subdistrict. will be aoverned bv the followina criteria: a. b. c. The rezonina is encouraaed to be in the form of a PUD. A unified clan of develocment is reauired. It shall include a common architectural theme that is consistent with the architectural theme of the flea market DroDosed for the adiacent C-4 and C-5 Zonin Districts and shall include a arkin lot and Dedestrian circulation system intearated with the adiacent C-4 and C-5 Zonina Districts. The Subdistrict shall allow all uses Dermitted in the C-4 and C-5 Zonina Districts, in effect as of the date of ado tion of the re ulations establishin and overnina the Subdistrict includin the eneral ran e of retail merchandise food service asoline service station and motel/hotel accommodations. The maximum ross floor area of all uses in combination shall not exceed 7 500 s uare feet Der acre. or 75.000 sauare feet total. whichever is the lesser. Land uses not functionall. a _art of the flea market shall be limited to 25 000 s uare feet of aross floor area. With the exceDtion of a motel/hotel. no structure indecendent of the flea market shall exceed a floor area of 5,000 sauare feet. Land uses shall be limited to those havin a nei hborhood market service area and those that serve the travelina ublic reco nizin the scenic hi hwa attributes of the East Tamiami Trail. No buildina shall exceed a heiaht of 35 feet. Access shall be limited to Basik Drive and Trinitv Place. A 50 foot landscaDed buffer is reauired carallel and adiacent to the East Tamiami Trail. Automobile ~arkin9 iots shall be visually screened from views from the East Tamiami Trail with ve...etation and/or earthen berms. to the areatest extent Dossible. DeveloDment of the land may not Droceed until such time as bUildin~ Dermits have been issued for at least 40,000 sauare feet of retail SDace in the contiauous C-4 and C-5 Zonina Districts. Auuroval of the sub:ect Growth Mana ement Plan amendment is de petitioner Drovidina four (4) TOR Credits to Collier County. d. e, f. g. h. i. j. CP-2002-02 Exhibit A - BCC G, Comprehensive, 03 BCC Exhibit A's mK-dw/10.ß-04 [W ords underlined are added, Words struck throligh are deleted] 1 Agenda Item No. BD October 26, 2004 Page 42 of 97 CP-2003-1 EXHIBIT A FUTURE LAND USE ELEMENT Urban Mixed Use District 10. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict [revised text, page 27) This Subdistrict is located 9A in the AOFfh siOO northwest ouadrant of the intersection Ðet\'IÐ9A fI1e !we (2) "'ojor roadways of Vanderbilt Beach Road and Coiller Boulevard, consisting of approximately 33.45 acres of land for th existin area and 15.88 acres of iand for the exoansion area as degicted on Mao 5-B. The intent of the Vanderbiil Beach/Collier Boulevard Commercial Subdistrict is to provide convenient shopping, personal services and employment for neighboring and Golden Gate Estates residential areas. as well as to oromote mixed-use develo ment residential uses OVer commercial uses. The Vanderbm Beach/Collier Boulevard Commercial Subdistrict will reduce driving distances for neighboring -i.OAtS and Golden Gate Estates residentll. assist in minimizing the road network required. and reduce traffic impacts in this part of Collier County. This ~ubdistrict is further intended to create a neighborhood focal point and any development within this Subdistrict will be designed in a manner to be compatible with the existing and future residential and institutional development in this neighborhood. To encourage miXed use projects, this Subdistrict also permits residential development when iocated in a mixed-use building (residential uses over commercial uses). Such residential deveiopment is allowed at a maximum density of 18 dwelling units per acre; the gross acreage of the project is used in calculating residential density. Retail uses shall be limited to a single-story. Financial services and offices shall be limned to three stories. A combination of these uses in a sin ie buildin _ fi cial service and/or offices over retail uses - shall be limned to three stories. Also mix -u e uil in s COn inin residential uses over commercial uses shall be limited to three stories. AJI principai buildings shall be set back a minimum of one (1) foot from the Subdistrict boundaries for each foot of building height. Development wnhin each ro'ect or et to b established PUD District fI1e S.~.i.trjst shall be required to have common site, signage and bUilding architectural elements. Tho pmpaRl' Each oroiect or PUD District shall provide for 1IOI0Atial both Dedestrian and vehicular interconnection§. with adjacent properties. CP-2003-1 Exhibit A - BCC G, Comprehensive, 03 BCC Exhibit A's mk-dw/10-8-04 Words strusk througA are deletions; words underlined are additions 2 '1'- Agenda Item No. 80 October 26,2004 Page 43 of 97 EXHIBIT A FUTURE LAND USE ELEMENT CP-2003-2 B. Urban Commercial District 10.) Livinaston/Radio Road Commerciallnflll Subdistrict This Subdistrict consists + 5.0 acres located at the northwest corner of the intersection of Livinaston Road and Radio Road. This Subdistrict allows for those permitted and conditional uses set forth in Commercial Intermediate Zonina District (C-3) of the Collier County Land Development Code. Ordinance 91-102, in effect as of the effective date of adoption of this Subdistrict. (Should this Subdistrict be adopted. the correct date and Ordinance Number will be inserted in this sentence). However. the followina conditional uses shall not be permitted: 1. Amusements and recreation services (Groups 7911.7922 community theaters onlv. 7933. 7993. 7999 boat rental. miniature aolf course. bicvcle and moped rental. rental of beach chairs and accessories onlv.) 2. Homeless shelters. as defined bv the Land Development Code. 3. Social Services (8322-8399) 4. SouP kitchens. as defined bv the Land Development Code. To encouraae mixed use proiects. this Subdistrict also permits residential development when located in a mixed-use buildina (residential uses over commercial uses). Such residential development is allowed at a maximum density of 16 dwellina units per acre: the aross acreaae of the proiect is used in calculatina residential density. The pUrDose of this Subdistrict is to provide services. includina retail uses, to surroundina residential areas within a convenient travel distance to the subiect property. These uses are not an entitlement. nor is the maximum densitv for residential uses in a mixed-use buildina. Such uses, and residential density. will be further evaluated at the time of rezonina a~prova' to insure appropriateness in relation to surroundina properties. The maximum development intensity allowed is 50.000 sauare feet of buildina area for commercial uses with a maximum heiaht of three (3) stories, not to exceed 35 feet. However. for mixed use buildinas - those containina residential uses over commercial uses _ the maximum heiaht is four (4) stories. not to exceed 45 feet. Access to the propertY within the Subdistrict may be permitted from Radio Road, Market Avenue and Livinaston Road. Anv access to Livinaston Road shall be limited to the northern one- third of the proiect's Livinaston Road frontaae and shall be limited to riaht-in. riaht-out access. Further. access shall be consistent with the Collier County Access Manaaement Policv in effect at the time of either rezonina or SDP application. whichever policv is the more restrictive. Words struck through are deletions; words underlined are additions 3 ,,- Agenda Item No. BD October 26, 2004 Page 44 of 97 CP-2003-3 EXHIBIT A FUTURE LAND USE ELEMENT B. Words struck ¡¡''''"!IÄ are deletions; words underlined are additions 4 -·----"'1'w.. Agenda Item No. 80 October 26,2004 Page 45 of 97 EXHIBIT A CPSP-2003-10 GOLDEN GATE AREA MASTER PLAN Introduction Section: [revised text: page 2) Collier CeuAly ~.s e.perienoo. ~ t::=s :: e~:=n := ~": ~~: :: :~: !fOn. is anti 01 pate. to ..nlinue. n ..u t· 0 ~';¡~at" pepulation i""r.,ase an. I~e Growl~ ManQg.me~ ~:~':6i In Janu~ of 1989, Collier County ado~ted a revised Growth Management Plan :;::::: .~::~=~;; sIolowl.e Qlfort~? ~~~y=~r~ =:= ;:t~:;::;¡=~~t::t:'~;;;¡:'::: = ::~~::.= ~~ = r: art of the revised Growth Mana ement Plan the Coun ado~ted the ori~inal Golden Gate Area Master Plan GGAMP in 1991. The GGAMP was further revised in 1997. The Golden Gate Area Master Plan rovides rowth mana ement re ulations for the desi nated Golden Ç;ate Area (see MaD 1 ). The Golden Gate Area was previously subject to the regulations outlined in the County's Gro,..Jth Management Plan Future Land Use Element (FLUE). However, in 1991, the unique characteristics of the area resulted in adoption of a soparate Master Plan for Golden Gate.....su se~arate Eiement of the Collier Coun~ Growth Mana~ement Plan. This Master plan ~eoame a so ar~e Element of th~ Ceunty's Gro~t~ ~~~~2C~~: ~~a~:;: supersedegs former Objective 1, Polley 1.1, and Polley 1.3 of the CO\:lnty Wide F\:It\:lFe baRd Use Element FLUE. An other Goals, Objectives, and policies contained in the Future Land Use Element FLUE and all other Elements of the Growth Manaaement Plan remain are applicable to the Golden Gate Area. In addition, the Golden Gate Area Future Land Use Map will be used instead of the County-Wide Future Land Use Map. In April 1996, the Board of County Commissioners adopted the Evaluation and Appraisal ReDort (EAR) for Collier County. As a result of the recommendations made in the EAR, Ordinance 91- 15, which adopted the original Golden Gate Area Master Plan~ was repealed and a new Ordinance 97-64 was adopted. This plan includes three major sections: Words struck througR are deletions; words underlined are additions 5 The OVERVIEW section provides an introduction to CoURty 'Mae Coun!w(lde and Golden Gate Area planning efforts. Agenda Item No. 80 October 26, 2004 Page 46 of 97 .- The IMPLEMENTATiON SmA TEGY places Ihe Plan into efleet. Strategies have been develoPed to address land use, public facilities, transoor/ation. rurai charact~r. emeroent;): manaoement and natural resources. This section also Includes the Goals, Objectives, and Policies, and the Golden Gate Area Future Land Use Map. The SUPPORT DOCUMENT outlines data and Information used to develop the implementation strategy.. aM including the Goals, Objectives, and Policies. Overview Section: [revised text: page 4J II. OVERVIEW A. COUNTY-WIDE PLANNING PROCESS Pursuant to As ""Rdatod by Chapter 163, Flonda Statutes, the "Local Comprehensive Planning and Land Development Regulatiol16 Act" and Chapter 9J-5, Flonda Administrative Code, "Minimum Crtleria for Review of Local Comprehensive Plans and Determination of Compliance", I!J!! Collier County adepted a Rew Growth Management Plan ~~ ~~. shall contain ~t~~~~:~~.~~::~~~i~~P::~G:\: =:: ~lt~:~iR~~_ . i". i. ~reU9heut ttre 4. Lz:ma Use; 2. Transr;¡ortatioA-; d. HOb/sinff, 4. Pb/slic Facilitios¡ ã. C3r;¡ital Imr;¡rovoFROnF, 6. Recreation and ar;¡on Spa:; ::¡. IntcrgO'lommontal C~~; 101}¡ 8. HOb/sing; ::md 9. Conservation ana Ceastal Managoment (Coastal Cel::lnties). 1. Future Land Use 2. Housing 3. PUblic Facilities 4. Conservation and Coastal Mana 5. Interaovernmental Coordination 6. Cacitallmcrovements 7. Transcortation 8. Recreation and acen Scace. Words strusk throUgh are deletions; words underlined are additions 6 Agenda Item No. 80 October 26,2004 Page 47 of 97 In addition to establishina the Collier County Growth Manaaement Plan's mandatory structure. Chapter 163, F.S. and Rule 9J-5. FAC.. also subiect roquire that the Growth Management Plan to a mandatory evaluation process be evaluated every 7 years., This process involves the preparation of and propare an Evaluation and Appraisal Report (EAR) to determine ~ whether, and to what extent. the existing Growth Management Plan has carried out its stated Goals, Objectives and Policies. In April 199ê, the Board of County Commissioners aeoptod the éAR, Tho Golden G3te Aroa Master PI::m h3S boen roadopted to carry out the recommenc;Jations of the EAR. B. GOLDEN GATE AREA PLANNING PROCESS Collier County's Futuro L3nd Use Elemont is dividod into tv/o sections. The first seotion outlines the Goals, Objectives and Policies. The second section is the Land Use Data and Analysis. Policy '1.1, contained within the Goals, Objectivos and Policios section, states tho following: "/\ dotailed sector plan for Golåen Gate Estates shall be developed and incorporated into this Gr()l.vth Management Plan by AlJgust, 1991. The sector plan shall address Natural Resources, Futuro Land Use, Water Management, Public Facilities and other considemtions. " Obiective 4 of the Collier County Future Land Use Element (FLUE) allows the countywide plannina process to "address specific aeoaraDhic or issue areas." Policy 4.1 of this Obiective reads as follows: "A detailed Master Plan for Golden Gate Estates has been developed and was incorcorated into this Growth Manaaement Plan in February. 1991. The Master Plan addresses Natural Resources. Future Land Use. Water Manaaement. Public Facilities and other considerations." In February 1991, the Board of County Commissioners adopted the original Golden Gate Area Master Plan., The oriainal Master Plan incorcorated the attor assistance and recommendations of fFem a Citizens Steering Committee. A revised and updated Master Plan was adopted in 1997. pursuant to recommendations of the County's 1996 Evaluation and Appraisal Report. In 2001, the Board of County Commissioners established the Golden Gate Area Master Plan Restudy Committee and directed Staff to work with the Committee to further revise and update the Master Plan. The Board of County Commissioners adopted revisions to the GGAMP. incorporatina the recommendations of the Restudy Committee. in 2003 and 2004. Policy 1.1.1 : [revised text, page 5] The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: 1. URBAN - MIXED USE DISTRICT a. Urban Residential Subdistrict b. High Density Residential Subdistrict 2. URBAN - COMMERCIAL DISTRICTS a. Activity Center Subdistrict b. Golden Gate Urban Commercial In-fill Subdistrict Words struck through are deletions; words underlined are additions 7 .,-- c. Commercial Under Criteria Subdistrict d. Interchange Activity Center Subdistrict e. Pine Ridge Road Mixed Use Subdistrict f. Santa Barbara Commercial Subdistrict g. Golden Gate Parkway Professional Office Commercial Subdistrict h. Downtown Center Commercial Subdistrict i. Collier Boulevard Commercial Subdistrict Agenda Item No. 80 October 26, 2004 Page 48 of 97 Poliey 1.2.2: ;':~ ';.,"':, .~::.~~:; ~ e. w~òat.d .n an anAwal ba.i. I. Fellest oRaAg.. iA pr09Fammea f*Jà"c facIlity, r' . [deleted text, page 7] Policy 1.2.&: [Policies 1.2.3 through 1.2.5, are renumbered to 1.2.2 through 1,2.41 ::::~~S;:~:~~~:'~I~::' [deleted text, page 7J Policy 1.3.2-;. == :~~=E~":~~ =:=~~~ = after the ~~ ~=:~~~~.:;~:,:;: :~~ ·41 -' . 9-.- [deleted text, page 8J Policy 2.2.2: =æ::;;~~=~~E==~:~:::~::~;:==: ::=~~::~~~i~~i.~.·.. .. n.. '.: . "w_ (deleted text, page 9J [Policy 2.2.3 becomes 2.2.21 QSJI!CTI'/I! 2.3: :::~::. ~ r:'=~~e;;~~~~:'. ~=~ ~g::: ~ian and üme fram.. to. : ==.~Ë;S5:?t~::.~;:~0::.mAdard. of PfO~"i.Aæ [deleted text, page 1 0] Policy 2.3.1: æ:;;~:y=:=i~~~~5!£.:a.: ~ ~~.ai2 [deleted text, page 10] Words strw"l, t~"""9f¡ are deletions; Words underlinQd are additions 8 Agenda Item No. 80 October 26, 2004 Page 49 of 97 GOAL 4: [new text, page 10] COLLIER COUNTY PLANNING EFFORTS WITHIN GOLDEN GATE CITY SHALL SEEK TO PRESERVE AND ENHANCE A MIX OF RESIDENTIAL AND COMMERCIAL LAND USES THAT PROVIDES FOR THE BASIC NEEDS OF BOTH THE LOCAL RESIDENTS AND THE RESIDENTS OF THE SURROUNDING AREA. OBJECTIVE 4.1 : [new text, page 10] Development and redevelopment within Golden Gate City shall focus on the provision of residential and commercial land uses that meet the needs of the surroundina area. Policv 4.1.1 : [new text, page 10] Bv 2006, Collier County shall develoo an imolementation schedule for the creation of a community-plannina proaram for Golden Gate City. The implementation schedule shall take into consideration the followina issues: a) Affordable housina based upon home ownershiD: b) Commercial re-vitalization. to include: i. Sidewalks ii. Traffic calmina measures iii. ImDroved street liahtinQ: c) Neiahborhood parks, ODen space and recreational centers: d) Crime reduction; e) Consistent enforcement of land development reaulations: and f) Improved liahtina for streets and parkina areas. Policv 4.1.2: [new text, page 10] Bv 2006. Collier Count. shall be_in to examine b holdin communi meetin s the feasibili of establishina neiahborhood-based plannina Droarams within Golden Gate City that focus on the uniaue or distinct features of the different Dortions of the community. While focusina on distinct areas within the community. such neiahborhood Dlannina efforts as may be established shall not nealect Golden Gate City as a whole. Policv 4.1.3: [new text, page 10] B~ 2006, Collier County shall examine the feasibility of crafting land develooment reaulations s ecific to the Golden Gate City community. Such reaulations shall focus on the uniaue circumstances of this community. Words struck through are deletions; words underlined are additions 9 GOAL 5: Agenda Item No. 80 October 26, 2004 Page 50 of 97 [new text, page 10] OBJECTIVE 5.1: [new text, page 10] shall be amended to rovide rural n standards for new commercial deve/o ment within POlicv 5.1.1 : [new text, page 10] a. 1. 2. b. INhere Ii hlin of recreation a' areas is re uired such Ii htin shall be mounted so as to focus illumination on the areas intended to be illuminated and to limli the amount of Ii ht that extends outside of the intended area. OBJECTIVE 5.2: The ravision of ublic infrastructure shall be baianced wlih the need to reserve the rurai character of Golden Gate Estates. [new text, after page 10] POlicv 5.2.1 : [new text, after page 10] Words struck through are deletions; words underlined are additions 10 - I Agenda Item No. 80 October 26.2004 Page 51 of 97 Policv 5.2.2: [new text, after page 10] The Collier County Parks and Recreation Decartment shall create a cubHc network of areenwav corridors within Golden Gate Estates that interconnects cubHc lands and cermanentlY crotected greenscace. The first seament of areenway shall be in clace by 2006. The areenway network shall consist of interconnected trails and caths which allow ceocle to move about the Estates Area b~ means other than motorized vehicles. All areenwavs shall be constructed within existin or future cublic riahts-of-way. In creatina the areenwav network. the County shall not emclov eminent domain croceedinas. Policv 5.2.3: [new text, after page 10] Recoanizina the existina residential nature of the land uses surroundina the clanned 1-75 interchanae at Golden Gate Parkway. as well as the restrictions on conditional uses of the Conditional Uses Subdistrict of the Golden Gate Area Master Plan. there shall be no further commercial zonina for crocerties abuttina Golden Gate Parkway between livinaston Road and Santa Barbara Boulevard. No new commercial uses shall be cermitted on crocerties abuttina streets accessina Golden Gate Parkway within the above-defined seament. This colicv shall not acclv to that existina cortion of the Golden Gate Estates Commerciallnfill Subdistrict. which is located at the northwest corner of the intersection of Golden Gate Parkway and Santa Barbara Boulevard. OBJECTIVE 5.3: [new text, after page 10] Bv 2006, the Collier County Land Develocment Code shall be amended, as necessary. so as to crovide for the crotection of the rural character of Golden Gate Estates. These crovisions shall provide for the creservation of such rural amenities as. but not limited to, wooded lots. the keecina of livestock for use bY the crocerty owner, the ability to arow crocs, wildlife activity, and low-density residential develocment. Policv 5.3.1 : [new text, after page 10] The arowina of food crocs and/or the keecina of livestock on crocerties within Golden Gate Estates. for use by the crocertv owner. shall be cermitted. crovided that such activities are conducted in accordance wtih the Land Develocment Code. Policv 5.3.2: [new text, after page 10] The Land Develocment Code shall continue to allow the creservation of native veaetation and wildlife indiaenous to the Estates Area. GOAL 6: [new text, after page 10] FUTURE TRANSPORTATION IMPROVEMENTS WITHIN THE GOLDEN GATE ESTATES AREA SHALL PROVIDE FOR A SAFE AND EFFICIENT COUNTY AND LOCAL ROADWAY NETWORK. WHILE AT THE SAME TIME. SEEKING TO PRESERVE THE RURAL CHARACTER OF GOLDEN GATE ESTATES. Words ctruok through are deletions; words underlined are additions 11 OBJECTIVE 6.1 : Agenda Item No. BD October 26, 2004 Page 52 of 97 .- [new text, after page 10) POlicy 6.1.1 : [new text, after page 10) c. the Estates Area south of Policy 6.1.2: [new text, after page 10) OBJECTIVE 6.2: [new text, after page 10) POlicy 6.2.1 : [new text, after page 10) POlicy 6.2.2: [new text, after page 10) POlicy 6.2.3: Sidewalks and bike lanes shall rovide access to ovemment feci/mes schOOls commer ial areas and the D/anned County oreenwav networ¡t [new text, after page 10) OBJECTIVE 6.3: [new text, after page 10) Words strbJsk throLlgfJ are deletions; words underlined are additions 12 ~~._._--~- r··----~·- Agenda Item No. 80 October 26, 2004 Page 53 of 97 Policy 6.3.1: [new text, after page 10] Beainnina in 2005, the Collier County Transportation Plannina Department shall hold at least one annual public meetina with Golden Gate Area emeraency services providers and the local civic association in order to ensure that emer enc needs are addressed durin the acauisition of riaht-of-way for desian and construction of road improvements. Policy 6.3.2: [new text, after page 10] Beainnina in 2005. the Collier County Transportation Plannina Department shall coordinate with Golden Gate Area emeraencv services officials to prioritize necessarv road improvements related to emeraency evacuation needs. GOAL 7: [new text, after page 10] THE LIVES AND PROPERTY OF THE RESIDENTS OF THE GREATER GOLDEN GATE AREA. AS WELL AS THE HEALTH OF THE NATURAL ENVIRONMENT. WILL BE PROTECTED THROUGH THE PROVISION OF EMERGENCY SERVICES THAT PREPARE FOR. MITIGA TE.AND RESPOND TO. NATURAL AND MAN MADE DISASTERS. OBJECTIVE 7.1 : [new text, after page 10] The Collier County Bureau of Emeraency Services. Collier County Sheriff's Department. Golden Gate Fire Control and Rescue District. and other appropriate aaencies, will continue to maintain and implement public information proarams to inform residents and visitors to the Greater Golden Gate Area reaardina the means to prevent. prepare for. and cope with, disaster situations. Policy 7.1.1: [new text, after page 10] The County. fire districts that serve the Golden Gate Area. and other appropriate aaencies. shall embark on an education ro ram to assist residents in knowin and understandina the value and need for prescribed burnina on public lands in hiah risk fire areas. Policy 7.1.2: [new text, after page 10] The Golden Gate Fire Control and Rescue District and Collier Coun Bureau of Emer enc Services shall activelv promote the Firewise Communities Proaram throuah public education in Golden Gate Estates. Policy 7.1.3: [new text, after page 10] BY 2005. the Collier County Community Development and Environmental Services Division shall evaluate the Land Develo ment Code for Golden Gate Estates and shall eliminate an reauirements that are found to be inconsistent with acceptable fire prevention standards. This evaluation process shall be coordinated with the Golden Gate Fire Control and Rescue District and the Collier County Bureau of Emeraencv Services. Words struok through are deletions; words underlined are additions 13 POlicv 7.1.4: Agenda Item No. 8D October 26, 2004 Page 54 of 97 c.-., [new text, after page 10J OBJECTIVE 7.2: [new text, after page 10J ate Area shall be coordinated with all ensure that the needs of hese entities are POlicv 7.2.1: [new text, after page 10J he POlicv 7.2.2: [new text, after page 10J OBJECTIVE 7.3: [new text, after page 10J Policv 7.3.1 : [new text, after page 101 a. An 1-75 Interchanae at Evera/ades Boulevard. ~. Im~r~ved emer ene access from Ever lades Boulevard to 1-75. c. Construction of a north-south bridee on 23~ Street. SW. between White Boulevard and Golden Gate Boulevard. Polley 7.3.2: [new text, after page 10] Words struGk throl;lgf:! are deletions; words underlined are additions 14 "~-,."..- Policv 7.3.3: Agenda Item No. 8D October 26, 2004 Page 55 of 97 [new text, after page 10] Modified portions of existine structures shall meet NFPA Standards throuah the adoption of appropriate reaulations in the County Buildina Codes. Policv 7.3.4: [new text, after page 10] Beainnine in 2006. County-owned propertY within Golden Gate Estates shall be subiect to an active. on-aoine manaaement plan to reduce the damaae caused by wildfires oriainatina from County-owned properties. (2) Golden Gate Urban Commercial In-fill Subdistrict [deleted text, page 16, 17] ~~y =ect l0C3ted 'Alithin the in fill areB at t~ ~~~~::: -:::r -:: ::~ ;: ~:::.;::: F:- :~~ Bo.le'IOm, less an. ~.oopt an .~se~~i ~ ~~= €I '.', all be subject to the following additional oo'.'ela¡;lmeAt restrictions f) 1. ~: 4. 5. Tho site shall be limited to thirty five thousand (J5,000) square feet of building afe& ~n: :;:: Ghall bo rostricted to officos only. r" . aI ;t~uGt~;e£ shall 130 rcquirod to have a minimblffi sotbBck of one ~r:=~~OO) feet from tho project's northern bOl::lndary. ~~~ "~ll ;~~ ::~~itý five (7ã) feet of the \\'estern sixty (6~~ ~rc:~t,..o.: ~~ ~~ II r rea (o",on spaoo Brea). It shall be utilized for only wateF ~~~~~~n~ f~:,~~i~S, laneso:J3e buffers, ~nd similar uses. . ~ :~~~¡; I 1 60) (Jercont of tho site shall have an outdO~~ ~~:~~~~ =~~~ ~~¡u ;~~, ~a~~ot~1 at least five hu~dred (500) e;q~r~ ~t t~ ~~~:J ~n2~ ;::;:-; a. ... : enshaG ar soatlRg areaG fer ~ ~~ = ~ r ,nd 'J~g~t~ive shading, and B waterfall or wator feature of at leact one ~~=~ (1 ~~) squ:Jre feet in area, and brick piJ'.'ers. ~~ ~;~~' ~~'b; i~~:~"'ot~.\'idC 'and~c:3pod strip shall bo pro"i~~ ~?~nQ the entire ;0: :~:~t I on Gate Parkway and Santa Barbara BoUI;,",~~:~, ; =~,..~:-:- ~':' fiva (~5) feet iA wi.th shall .a ~~ ~~ :~ =: :' _ . u ry an. alaAg tha eoste:: f~ ~~) ~ :: t:: ~= :::~~=~~~~~·~~r:~~at~:~r (~,~^=::,,~~~ =': ::=, ~~~ ~fva vagetation sholl be ro~= :: t~ ;; ::~: ~~;t.., '. <iI oRd northa.. .a.ndanas. Th~ ~~:: ~ ~ =p=~~~ :th ö;k' ~r Mahogany trees planted a ~~xi~~: ~ = ~ ~.~{ ~:;.~i'~ ~ ~~;~~~ ~~nne~; and a sevon (7) ~ot w~~.~~' ~ ~~d~~ ~~ I " I : 0 ( ) plantlnQ, grow to a minimum height of coveR F) feet :d ~~ ~ ;~~~~~ ~ ninety five (95) percent opaque. ~~~~~:~n~ ~I~~:'¡~lìí~~ m~t:31 r~ofc, o~ de?OF3tive paraPe:,..~~~£ :.bO~~ t~: ,R I I II e fimGhed In light subdued oolors m<ce¡;lt feF =~~:\~ ~~~. ., o' ~s chall 130 limited to one (1) story and a maximum of thirty five (J5) feeh ~ ::~ ~~tif: s,: :earohiteSMaliy designa., an~l~~~ =~~:.: o ,( 1. c lighting facllltlos shall be shielded from AeIQAbaFIA~ rocidontiall:3nd uses. 6. 7. 8. 9. 10. Words &truok through are deletions; words underlined are additions 15 :: 1. Thor-Ð shall eo no iR§FeSS or e§r-øss on Santa Barbara Be 1:1 lev¡;¡ fa.:. Agenda Item No. 80 October 26, 2004 Page 56 of 97 4) Interchange Activity Center Subdistrict [revised text, page 18J On the fringes of the Golden Gate Area Master Plan boundaries, there are several parcels that are located within !lie Interchange Activity Center #10 at ¡. 75 and Pine Ridge ROad as detailed in the County-wide Future land Use Element (FLUE). Parcels wffhin this Activity Center are Subject to the County-Wide FLUE and not this Master Plan. See Map 6 for a detailed map of this Activity Center. 5) Pine Ridge Road Mixed Use Subdistrict [revised text, page 18] Adjacent to !lie interchange Activity Center #10 on the west side of 1-75 and on the north side of Pine Ridge Road is a property COmprising 16.23 acres located to the west of the Naples Gateway PUD, which is designated as the Pine Ridge Road Mixed Use Subdistrict and consists ofTracts 1, 12, 13, and 28 of Golden Gate Estates, Unff 35, as recorded In Plat Book 7, Page 85, of the Public RecOrds of Collier County. The Intent of the Pine Ridge Road Mixed Use Subdistrict is to provide for a mix of both retail and office uses to provide for shopping, and personal services for the Surrounding residential areas within a convenient travel distance, and to provide commercial services in an acceptabie manner along a collector roadway, Livingston Road. Wel¡'planned access pOints will be used to improve current and future traffic flows in the area. Wrthin this Subdistrict no more than 35,000 square feet of office related uses on ± 3.2 acres are permitted within the eastem portion of this property which includes a POri ion of Tract 28 and a portion of Tract 13. A maximum of 80,000 square feet of gross leasable retail or office area, as allowed in the Commerciai Intermediate District (C-3) of the Collier County land Development Code as of the effective date of the adoption of this Subdistrict [Ordinance No. 03- 01, adopted January 16, 2003J, are permitted within the western 10.52 acres of this property. The C-3 uses are not an entnlement. Such uses will be further evaiuated at the time of rezoning approval to insure appropriateness in relationship to surrounding properties. Building heights shall be limited to 35 feet. A rezone to such permitted principal uses shall be encouraged to be submitted as a Planned Unit Development for the western 10.52 acres of the Subject property, with speciai attention to be Provided for shared access. Water management; unfform landscaping, signage, SCreening and bUffering will be provided at the time of rezoning to ensure COmpatibility wllh nearby residential areas, and subject to the following additional criteria: · There shall be no access onto Livingston Woods Lane. o There shall be a minimum setback area along the north property line of 75 feet. o Driveway access, parking and water management facilities may be allowed within the 75' setback area aiong the north property line but none of these uses shall be located closer than 30 feet to the north property line. o No 1i'eestanding automobile parking lots, homeless shelters or soup kitchens shall be permitted. o The eastern 2.59 acres, more or less, of Tract 28 shall be preserved as wetlands and no development may OCcur within this area. o Within the western 10.52 acres, a loop road leasement will be constructed through the property to provide access from Pine Ridge Road to Livingston Road and to reduce traffic at the intersection. Words strbJsk thF9UgR are deletions; words underlined are additions 16 Agenda Item No. 80 October 26, 2004 Page 57 of 97 See Map 6 for a detailed map of this Subdistrict. it§) Santa Barbara Commercial Subdistrict [revised text, page 20] io~es~~~~~ ~: ~~dis~riGt (Map 7) is to provide Golden Gat~ ~ity with additional opportunities ~ =;1:;~:hb~~:~1 de'.'elopment. Sl.lc~ eevelopment I.S Inten~ed.to ,s~rve the :~:== ::;::;;I~;_~S :md persons travehn€ Aearby. This subdl~~;~~ I~~nd~~~: ::::::';;:; ;''d 'b;;;';;;;: ;,¡;¡.;¡; ;ne"'\eI.II"'Gt relatively 10'11 traffiG .',olum86; be ~pp~~~ :::: :,¡;~;r to protect nearby reGldentlal areas; be :Jrchl~~~~~' ~~~I~~ ~ ~s ::.:::::~¡; ~;' ~ = r~~denti.1 amaG; aRd, limij ~?"".. ~ pro_"~~:~~~~ =r~~:~ :6t:'tot;Ik;"9r:~t~~~o~fb~~~' ~~~f:~:~~~e ;~~d ~~~~~i~e€latlo:r¡~!~t~'!¡~hs~~k~ ====; =~maRt ,6I.ndard. Tha type. of "sa. p~;;~; Ë~3 , ,S S Ices, and InstltutlonaluGes, such as churches and day saFe seRteFS. The boundaries of the Subdistrict are hereby exeanded to include the former Commercial Subdistrict and also to extend aDeroximatelv one (1) block to the east of the former boundary (see Mac 7). The intent of the Santa Barbara Commercial Subdistrict is to erovide Golden Gate City with an area that is erimarilv commercial. with an allowance for certain conditional uses. The tvees of uses eermitted within this Subdistrict are low intensity retail. offices. eersonal services. and institutional uses. such as churches and dav care centers. Such develoement is intended to serve the needs of residents within the Subdistrict and surroundina neiahborhoods and eersons travelina nearby. Commercial and institutional uses eermitted within this Subdistrict are those that: · Generate/attract relative Iv low traffic volumes; · Are aeeroeriatelv landscaeed and buffered to erotect nearby residential eroeerties: · Are architecturallv desianed to be comeatible with nearby residential areas: and, · Limit access and traffic flow to or from Santa Barbara Boulevard. This Subdistrict is intended to promote commercial and institutional development opportunities. Therefore, in order to reduce the potential conflicts that may result from residential... aA4 commercial and institutional uses in close proximity, existing residential uses must shall cease to exist no later than ten (10) seven (7) years after the effective date of the adoption of tI:Hs the revised Subdistrict boundaries. This does not require the removal of the residential structures if they can be, and are, converted to uses permitted in this Subdistrict, within one additional year. +ms The requirement to cease existing residential uses does not apply to owner-occupied dwelling units. ::.= ~~~=~:i:::::':: =:::~~~ ~:~~a:~~~r.:::~~~~~~= Subdistrict. These shall incll.lde: 1. 2. ;: L3ndsc3pin~ and blJffering requirements. Architectural dßsi~n standards. :~q~=n~ tOa~= residential uses. 00' . i f b"~ G~;;;~e station£ and simitar repair facilities. This docs not ~r=~o~~:~~n: m~rts with gasoline pumps. f Dr parking with adjacent projects, where'..cr possible. 5. Words struck through are deletions; words underlined are additions 17 ~n~~:~~tO:i ~~~O~::::nt sf 1 ûor~ æ:~: ~re~"iARg WdoI:: ;: :~"iARg a~acanl ::= ~o.::~r:~~~~=",""" Rot: ~. J t, e. S:. =:';~Ii""'e to the abevo it.",., ."01'1 ::;~1~ Agenda Item No. 8D October 26, 2004 Page 58 of 97 ~: : ~? 4~. 1. 2. 3. 4. 5. 6. 7. 8. 9. and coordination of sidewalk location between ad'acent 8 Downtown Center Commercia' Subdistrict [new text, page 23J n. Words strusk tAFGuQh are deletions; words underlined are additions 18 Agenda Item No. 80 October 26, 2004 Page 59 of 97 one additional year: nor does this Subdistrict reauire the removal of residential units located elsewhere in this Subdistrict. Within one year of the effective date of this Subdistrict, the Land Development Code shall be amended to establish a zonina overlav containina reaulations to implement this Subdistrict. A. All development or redevelopment within the boundaries of the Downtown Center Commercial Subdistrict shall include: 1. Provisions for, bicvcle and pedestrian travel. 2. An emphasis on buildina aesthetics. 3. Emphasis on the orderlY circulation of vehicular. bicycle and pedestrian traffic. 4. Provision for broad sidewalks or pathways. 5. Enhanced streetscapina. 6. Proiect interconnections. where possible and feasible. 7. Quali desi ns for buildin facades includin Ii htin B. Permitted uses within this Subdistrict shall include onlv the followina. except as may be prohibited in Paraaraph 0, below: 1. Those uses permitted bv riaht within the C-1. C-2 and C-3 zonina districts in effect as of the date of the ado tion of this Amendment as outlined in the Collier Coun Land Development Code (LDC). C. Conditional uses allowed bv this Subdistrict shall include onlv: 1. Those conditional uses allowed within the C-1. C-2 and C-3 zonina districts in effect as of the date of the adoption of this Amendment. as outlined in the LDC. 2. Outdoor dinina areas not directlY abuttina the Golden Gate Parkway riaht-of-wav. D. Prohibited uses in this Subdistrict are as follows: 4. oods or 1. 2. 3. E. For multi-storv buildinas: 1. Only retail. personal service. and institutional uses are allowed on the first floor: 2. All uses allowed bv this Subdistrict. except restaurants and cocktaillounaes. are allowed on the second floor: and, 3. Onlv residential uses are allowed on the third floor. F. Words struck through are deletions; words underlined are additions 19 ..._...,-g,.,-""'""."'"'"',,,",,""'.........."'..._,,,,,,"".,,."'".,_.,..... Agenda Item No. BD October 26, 2004 Page 60 of 97 Golden G. Parkina reau/ations shall be as follows: 1. uare feet of commercial 2. 3. 4. 5. 6. areas. H. Outdoor restaurant seatin shall be ermitted to encroach u on a ub/ic sidewalk rovidad that a minimum 5 feet clearance remains between the seatin area and the streetward ad e of the sidewalk. 9 Collier Boulevard Commercial Subdistrict This A. All develo ment and redevefo ment within this Subdistrict shall include: 1. ~. 3. 4. 5. 6. 7. de local street where ossib/e and feasible. Words strllsk through are deletions; words underlined are additions 20 -~...,-,_.- Agenda Item No. 8D October 26, 2004 Page 61 of 97 8. Qualitv desians for buildina facades. includina liahtina. uniform sianaae and landscacina. a. Estates-Mixed Use District 1) Residential Estates Subdistrict [revised text, page 25] Single-family residential development may be allowed within the Estates:Mixed Use SOODdistrict at a maximum density of one unit per 2 Y4 gross acres unless the lot is considered a legal non-conforming lot of record. 2) Neighborhood Centers Subdistrict, Part c [revised text, page 26] c) Criteria for land uses at the centers are as follows: . Commercial uses shall be limited to intermediate commercial so as to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C-1, C-2, or C-3 zoning districts outlined in the Collier County Land Development Code (Ordinance 91-102, adopted October 30, 1991), except as prohibited below. The Neighborhood Center located at the intersection of Pine Ridge Road and Collier Boulevard CR 951 may be developed at 100% commercial and must provide internal circulation. Any rezoning is encouraged to be in the form of a PUD. This Neighborhood Center may also be utilized for single-family residential or conditional uses allowed in the Estates zoning district such as churches, social or fraternal organizations, childcare centers, schools, and group care facilities. Parcels immediately adjacent to commercial zoning within the Neighborhood Centers located at the intersections Golden Gate Boulevard and Wilson Boulevard, Golden Gate Boulevard and Everglades Boulevard, Everglades Boulevard and Immokalee Road may qualify for Conditional Use under the transitional conditional use provision of the Conditional Use§ Subdistrict of this Master Plan Element. A single project shall utilize no more than 50 % of the total allowed commercial acreage. This percentage may be increased at the discretion of the Board of County Commissioners. The project shall make provisions for shared parking arrangements with adjoining developments. Access points shall be limited to one per 180 feet commencing from the right-of-way of the major intersecting streets of the Neighborhood Center, A maximum of three curb cuts per quadrant shall be allowed. Driveways and curb cuts shall be consolidated with adjoining developments, whenever possible. Driveways accessing parcels on opposite sides of the roadway shall be in direct alignment, except when the roadway median between the two parcels has no opening. ~r~=iroctIY abutting E!S:t:!tCE: zoned property shall provide, ~:::~~=~ -:: ~ ~;~l..~f~~~:~ :~~ \'eget:atio~ in which no par~i~g or water m3nagoment . 6 S ; x h3t for valid, 3pproved condttton31 uses, no such bufær IS roql:lired. Projects shall provide a 25-foot wide landscape buffer abutting the external right-of- way. This buffer shall contain two staggered rows of trees that shall be spaced no more than 30 feet on center, and a double row hedge at least 24 inches in height at . . · · · · · · · Words struck through are deletions; words underlined are additions 21 . Agenda Item No. 8D October 26, 2004 Page 62 of 97 . . . . . . "._, . . . Words strusk threllgh are deletions; words underlined are additions 22 Agenda Item No. 80 October 26, 2004 Page 63 of 97 a. There shall be no adverse imcacts to the native veaetation beina retained. The additional water directed to this area shall not increase the annual hvdro-Deriod unless it is croven that such would have no adverse imcact to the existina veaetation. b. If the croiect reauires cermittina bv the South Florida Water Manaaement District. the ro'ect shall rovide a letter or official document from the District indicatina that the native veaetation within the retention area will not have to be removed to comclv with water manaaement reauirements. If the District cannot or will not succlv such a letter, then the native veaetation retention area shall not be used for water manaaement curcoses. c. If the croiect is reviewed bv Collier Countv. the County enaineer shall crovide evidence that no removal of native veaetation is necessarv to facilitate the necessary storaae of water in the water manaaement area. . Projects within the Neighborhood Center DesigAation Subdistrict that are submitted as PUDs shall provide a functional public open-space component. Such public open-space shall be developed as green space within a pedestrian-accessible courtyard, as per Section 2.4.5.4 of the Collier County Land Development Code, as in effect at the time of P.U.D. approval. . The following principal permitted uses are prohibited within Neighborhood Centers: Drinking Places (5813) and Liquor Stores (5921) Mail Order Houses (5961) Merchandizing Machine Operators (5962) Power Laundries (7211) Crematories (7261) (Does not include non-crematory Funeral Parlors) Radio, TV Representatives (7313) and Direct Mail Advertising Services (7331) NEC Recreational Shooting Ranges, Waterslides, etc. (7999) General Hospitals (8062), psychiatric Hospitals (8063), and Specialty Hospitals (8069) Elementary and Secondary Schools (8211), Colleges (8221). Junior Colleges (8222) Libraries (8231) Correctional Institutions (9223) Waste Management (9511) Homeless Shelters and Soup Kitchens. 4) Commercial Western Estates Infill Subdistrict [revised text, page 31] a) Size and Location: . The Subdistrict includes a 6.23-acre parcel, located at the southwest corner of Vanderbilt Beach Road and Collier Boulevard (see Map ~ 16). The parcel is identified as Tract 105, Unit 2, Golden Gate Estates. 5) Conditional Uses Subdistrict, Part b [revised text, page 31.1] b) Golden Gate Parkway and Collier Boulevard Special Provisions: ~~:::~:~ o:~: ::= :;: ;OldeR Gate P~;~:r.' ~::: :;-::ø:;- ~~:: ::k>~~a:d ~3 of~:~::':' U~::~,:.~;~" :::~:. B~~¡' ¡:f::: = Ðya~i=: ~~:::~::.': ;:0 (2)~r ;;;r~ :;".k; ;;: ::: ':: I:'';:n:~g := of way or ..4.'ater.....a'lG, except for the following: Words &truck through are deletions; words underlined are additions 23 Agenda Item No. 80 October 26, 2004 Page 64 of 97 -1. Es€onti::1I sorvisos, as pr.eviE'Jes iA Paragraph a), asove; ¡JAG 13. In consideration of the Improvements associated with the propoSed interchange at Interstate 75 and Golden Gate Parkway, the e.lstlng conditional use (church and related facilities) located a1 the southeast comer of Golden Gate Parkway and 66~ Street, S. W. may be expanded in acreage and intensity along the south side of Golden Gate Parkway BeRVe"" to the east at 66" Street S.w. an_ 64- Streot S.w" but the total project area shall not e.ceed B. 21:!1- acres ~ee M~.lID. A<I-iIionally; tile ""'001 :::.::1 ::~~7=":: ::::::.:: =~: :::"'~nt tl1aï it be dirOGlly 23. The parcel located immediately south of the Commercial Western Estates Infill Subdistrict, on the west side of Collier BOUlevard, and at the southwest quadrant of the intersection of Vanderbilt Beach Road and Collier Boulevard, shall be eligible for a transitional conditional use designation. e) Special Exceptions to Conditional Use Locational Criteria: (revised text, page 31.3] 3. AGRICULTURAL/RURAL DESIGNA TION - RURAL SETTLEMENT AREA DISTRICT [revised title, page 34) Rural Settlement Area District CPSP-2003-10 Axhibit A - ace G, Comprehensive, 03 BCC Exhibit A's dw/10-12'{)4 Words strusk throl:JgA are deletions; words underlined are additions 24 Agenda Item No. 8D October 26,2004 Page 65 of 97 EXHIBIT A FUTURE LAND USE ELEMENT FUTURE LAND USE DESIGNATION CPSP-2003-11 OVERVIEW A. and B. No change. C. UNDERLYING CONCEPTS [pages 4-5] The land use strategy established by this Element is based on a series of concepts, which emerge from the foundations cited earlier. The policy direction and implementation mechanisms closely relate to these underlying concepts. Protection of Natural Resource Systems Collier County is situated in a unique, sensitive and intensely interactive physical environment. Natural resources are abundant: a subtropical climate with annual wet and dry seasons; enormous groundwater productivity; vast wetland areas; large ranges of habitat with diverse and unique flora and fauna, including many species that are Federally and/or State listed, warranting special protection; extensive and highly productive estuarine systems; and; many miles of sandy beach. In addition to their habitat value, these natural resources perform functions that are vital to the health, safety and welfare of the human population of the County, and serve as a powerful magnet to attract and retain visitors and residents. Therefore, protection and management of natural resources for long-term viability is essential to support the human population, ensure a high quality of life, and facilitate economic development. Important to this concept is management of natural resources on a system-wide basis. The Future Land Use Element is designed to protect and manage natural resource systems in several ways: . Urban Designated Areas on the Future Land Use Map are located and configured to guide concentrated population growth and intensive land development away from areas of great sensitivity and toward areas more tolerant to development. . Within the Urban Designated Areas this Element encourages Planned Unit Development zoning and assigns maximum permissible residential density based on the gross land area. Through site plan review procedures in the Land Development Regulations (LDRs), development is guided to the portions of the property that is are of lesser environmental quality, thus, in effect, constituting an on-site transfer or clustering of development rights. . A broader "off-site" Transfer of Development Rights (TDR) provision and Stewardship Credit System, set forth in this Element and primarily applicable to the Rural Fringe Mixed Use District and Rural Land Stewardship Area is a key component of the County's overall strategy to direct incompatible land and uses away from important natural resources, including large connected wetland systems and listed species and their habitat. . An Area of Critical State Concern Overlay is included on the Future Land Use Map to ensure implementation of all applicable Land Development Regulations in the Okaloacoochee Slough, Big Cypress Swamp, Fakahatchee Strand and Ten Thousand Islands areas. . The County has designated several interim Natural Resource Protection Area (NRPA) overlays as perm~ment NRP/\c which within the Rural Frinae Mixed Use 25 Words StrblckthrGugh are deletions; words underlined are added District. The Count has also desi nated F/owwa teward hi Areas Habita tew rd hi Are s HSAs Within th ural land tew r shi v rl . These areas are intended to maintain the connection between and the preseNation of, large connected wetland systems and critical habitat areas for listed species by alloWing very limited land uses and through high native vegetation preservation standards and buffers from adjacent land uses. These I'OFmanent "'RPA overlay areas are Primarily located within the Rural Fringe Mixed Use District and the Rural lands StewardshiD Overla:i where these large connected wetlands systems and habitat areas OCcur. · The Coun has desi nated Water Retention Areas WRA within he Rural lands Stewardshi Overla for the further urotection of surface water ualit and uantit and Drotection of habitat for listed sDecies. · The County's land Development Regulations provide standards for protection of groundwater, particularly in close vicinity to public water SUPply wells by implementing policies set fOrlh in the Natural Groundwater Aquifer Recharge Element. · Natural resources are also protect through close spatial and temporal coordination of land development with the availability of adequate infrastructure (public or private facilities) to ensure optimized accommodation of human impacts, parlicularly in relation to water supply, sewage treatment, and management of solid waste. This coordination is accomplished through the Provision of pUblic facilities as detailed in the Capital Improvements and Public Facility Elements and through the level of service Standards (LOS) found herein. Agenda Item No. 80 October 26, 2004 Page 66 of 97 Of crucial importance to the relationship between natural resources and land use is the completion and implementation of multi-objective watershed management plans as described in the Drainage Element. Water is the greatest integrator of the physical environment in that it links together dynamic ecological and human systems. Therefore, the watershed management plan must take into account not only the need for drainage and flood protection but also the need to maintain water table levels and an approximation of natural diSCharge to estuaries. The watershed management plans will have implications for both water management and land use practices. COordlnalIon of Land Use and Public Facll/ties through Protection of Private Property Rights No change. D. No change. E. FUTURE LAND USE MAP [page 10J The Future land Use Map depicts the desired extent and geographical distribution of land uses in the County. Mixed-use categories are used to generally desCribe the character of allOWed development. Within each of these categories, a range of uses is permitted baSed upon specific standards as described in the Designation DeSCription Section of this Element. These educational, community, and public facilities. The Future Land Use Map series includes additional map series: North Belle Meade Overlav Mé!Q Future land Use Map - Mixed Use Activity Centers and Interchange Activity Centers Future land Use Map - Properties Consistent by Policy (5. g, 5. 10, 5. 11 ) Future Land Use Map - Natural Resources: Wetlands; Future Land Use MaD - Wellhead Protection Areas ,,.- Words StrUG~r:eblS::¡ are deletions; Words underlined are added 26 Agenda Item No. 80 October 26,2004 Page 67 of 97 Future Land Use Mac - Bayshore/Gatewav Triana!e Redeyelocment Overlay Map Future Land Use Map - Stewardship Area Overlay; Urban-Rural Frinae Transition Zone Overlav Future Land Use Map - Rural Lands Study Area Natural Resource Index Maps IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES No change. DESCRIPTION SECTION I. URBAN DESIGNATION A. Urban-Mixed Use District No change. 1. through 14. No change DENSITY RATING SYSTEM [pages 37-39] a.1. through a.3. No change. a.4. Residential in-fill. (a) through (g) No change. (h) Projects qualifying under this provision may increase the 9a5e density administratively by a maximum of one dwelling unit per acre by transferring that additional density from Sending Lands. Within one year, the COI:mty lJ:ill adopt LDRs to implement this "by right" Rural te Urban transfer process, subject to the above criteri3, oxoluding (c). 5. through 7. No change. b. and c, No change. d. Density Blending: This provision is intended to encourage unified plans of development and to preserve wetlands, wildlife habitat, and other natural features that exist within properties that straddle the Urban Mixed Use and Rural Fringe Mixed Use Districts or that straddle Receivina and Neutral Lands within the Rural Frinae Mixed Use District. In the case of such properties, which were in existence and under unified control (owned, or under contract to purchase, by the applicant(s)) as of June 19, 2002, the allowable gross density for such properties in aggregate may be distributed through the project regardless of whether or not the density allowable for a portion of the project exceeds that which is otherwise permitted:- . when the followina conditions are met: 1. and 2. No change. 3. Densi Blendin Conditions and Limitations for Pro erties Straddlin Receivin and Neutral Lands within the Rural Frinae Mixed Use District: (a) The croiect shall straddle Receiyina Lands and Neutral Lands in the Rural Frinae Mixed Use District. ~b~ The croiect in acareaate shall be a minimum of 80 acres in size. c At least 25% of the ;;oiect shall be located in Receivina Lands. The croiect shall extend central water and sewer to serve the entire croiect. unless alternative interim sewer and water rovisions are authorized b the Coun . (d) The croiect shall be encouraaed to be in the form of a PUD. (e) It shall be demonstrated that develooment on the site is to be located so as to creserve and crotect the hiahest aualitv native vecetation and/or habitat on-site and to maximize the connectivity of such native veaetation and/or wildlife habitat with adiacent creservation and/or habitat areas. 27 Words Strblckthrough are deletions; words underlined are added ",,;,.__,__,'-"''-;'__"Ä-'-'''"''"'';"'''''''''''''';¡;''''L''';'''"··· -, B. through C. No change Agenda Item No. 80 October 26, 2004 Page 68 of 97 ~5E~~¥i~~~;~'::E:=F ~ã~è~~~Et~:£ï~t~¿~~s~: ~ ~~~~= :~~~^.:: .~::.~:: ::Š~ ... ~~"~~ ~~~~~~ =~~~~ Exs/,ses: All Urban s g ; Northem GeIsen Gate Estates.¡ :rhe SettleFRent =: - :~li~=E"Ë:ê.. :~d .Rd t~. Inæ:m D.".IOP::~':::: .::' Ë~EEi~~~~~:~~§: ~¥~:~~:=E~~~:=: ~~~~~~=~~=~;.,":;:~:: :: :::~~~~~~:~I~~~~~~ of ¡¡''''!II.do. Cijy; an<l, ~;~SŠ~~~E~~~~;~ :. §i~~~t::=: 3. $~1~~::=~::,=::~::::,:=,= ~=~~~~ES::5~~æ:~~'E~::: 28 Words ~blskthrgLlgh are deletions; words underlined are added r·~··--··_- Agenda Item No. 80 October 26, 2004 Page 69 of 97 ~=~: laoo use plal:Jning techniques including, but not limited to, public and private ;~;;:;; ~~~~~:~~£: ne..... town~, satellite communities, area basel:! alloGations, clustering ;; _ _n _ _ 8':ISlons anI:! mixed use de·.'elopment. The l\ssessme~, ~~:ny phase :;~' ~ï~ni.e lI\e ""be","t;.1 .à....ntage. ef innev.tive .Ppro;;"...to =:=~~ ~~~~.:ay be~er serve to protect enviro~mentally sensitive aroa:' ^~~~t~~ " II/of agricultural ::md other predominantly rural lands, and provide for the cost efficient delivery of public f::lCilitios and cervices. Interim Development Provisions of Agricultural Assessment Area ~~r~n~~~;¿G based on the ¡'.sseGsment Ghall be completed by JunE) 22, 2002, for the ~:;;: ~ _ /'~e~, ~nd BY November 1, 2002, for the balance of the l\SS~:'S~:~::~ ~;~~~ILi~~~~~.~~h~ I:IS~~ in the .^.rea fo~ \:J~ioh completed .af3plications for ee\'elopment =~;' ' . I.. , ondltlonal use, subdivIsion approval, site plan a~.?;":~ ~~t:, ::;"0::::: ~=~Jeà by Cellier Ce"nty prier to J"ne 22,1909, .ha" be ",~eà ~:;; 1;1~~t;~ -~d-~' Ae Comp~ehonslve PI~n aE: I~ eXI£tod on June 22, 1 QQQ. If the ~=; I ._ e 'os£ ::1 specific geogr::1phlc portion of the /\rea as a pha~ ?!~~ ~==~ln~rim I.nà ".0 controls "holl be lifteà from the .peci~c ~eÐgfapi;ie c;;,; ;h~~;:~;1 tl n of the applicable phase of the /'.ssessmen~ and th~ Implementing ~;; re 1"_ Plan amendmonts for that phase become ef:fectl'/e. Until the ~:;:~~~fi~~~~:::o and comprohe~si\'e plan amendments to implement the :::; :;t, t'" .::1S0 thereof, are In effoct the only land uses and development ~~~\~h;IL~~h~ ~:a ~hall be tho£e set .forth in th~ ,A.gricultural!Rur::11 Mixed UE:e District ~'~~:~R~~iD~~c:nt Code (Section ~.2.2) In effect on .J~ne 22, 1QQQ, for the ,I I. F I I except the following uses are prohibited and shall not be allo',ved: Anv aDolication for conditional use filed Drior to Julv 22, 2003. relatina to that land subiect to an Aareed Order Abatina Case dated Aoril8, 2003, which aoolication also includes orooerties under common or related ownershio with and ooerated and maintained bv the same or related ooerator of such land. shall be orocessed and considered oursuant to the Interim Develooment Provisions that were in effect from March 7. 2001, until Julv 22.2003. 1.. New g~f courses or driving ranges. 2 ExtenEilon or new provision of central water and sewer service IF'Ito the /".rea. ~: ~:::ea=g8ee:~:::=r ~re::1tment plants. _ =~l.;l~~¡;; ;'~ :m'~:orker housing or housing dlre~ly related ~ ~~~~~rt faffH~r~ut\;ttT _ -.------- ~-uslng (12 du!¡:IC) ane other uses dlre~~' r:::t~~ t~ tre management of p~bìi'~IY ~~,'~ed lane, or one single family dwelling \;J~t por lot or ~cel ~:::~~rto June 22, 1QQQ. 6. ~ :;=~:;~ ~I~~d~:~;1 ~e·,'elo~r:n.ent except gas and telephone facilities, ele~ric -r ______._____~ G--nbutlon facilities emergency pO'Ner struotures, fire and pohce ~t:o::, emergency mediGaI !;tations. 6. i nt~~;id~~t~1 such aE: hotel£, motolE:, and bed and bre3kfast faoilities, 7. Zoo, aquarium, botanical garden, or other similar areas. B. Public and private cohools. 9. Collection and tr::1nsrer siteE: for resouroe reoovery. 10. Landfills. 11. Social and fraternal organizations. 12. GroLJp care faoilities. 13. Sports instrLJctional e;chools and camps. 14. Asphalt and concrete batoh making plants. 16. Recre::1tional Vehicle Parks. 29 Words Struckthrough are deletions; words underlined are added ~s:~?::::=!::£~~~~~=:~~ g:Ê~;:~~~~~~~~~-¿; ::::==:::::=5 ~~~=~~~ ~~=x.a:.,ã&~Ùy~a:t~o= a.;; ~ ~§i~5~~~f#:=::::'iR§ ~. ~§§;:S~Ë~~~ §~~~l~~~~§iE 3. ~~=e~i;;:::~::neÐ =i:.~,~:=;;;;;;;;==~:: =~=== Agenda Item No. 80 October 26, 2004 Page 70 of 97 The AgriculluralfRural Land Use Designation is for those areas that are remote from eXisting development patiem, lack pubii: facilities and services, are environmentally sensilive or are in agricultural production. Urbanization is not promoted, therefore most allowable land uses are of low Intensity in an effort to mainlain and promote the rural character of these lands. The following uses and densities are generally permitied under this Designation .uBjoct to tile "'tOri", De""'o~"'cAt p"'"."'.... who", a~~II"".1e - but may not be permitted in all Districts and Subdistricts, and may be subject to speciflc criteria, conditions, development standards; permitied densities may be greater, or lesser, than that stated below, In Some Districts and Subdistricts. Allernatively, the Rural Lands Stewardship Area Overlay contains Areas participating in the Stewardship Credit System. a. through k. No chaAge. I. Commercial uses as principal uses, as provided for within the Rural Commercial Subdistrict and RU,",Villages within the Rural Fringe MiXed Use S"båistFiGt District, and based Upon the criteria set forth therein, respectively. m. Industrial uses as />IUIIided for within the Rura~lndustrial Subdistrict and for Research and Tec"OOiogy Parks within Rural Villages in Rural Fringe Mixed Use ¡¡"bdistriG! District, and based upon the criteria set forth therein, respectively; n. No change. A. AgriculturallRural_ Mixecl Used District No change. 1. Rural Commercial Sufldistrict Within the AgricullurallfWral Mixed Use District, commercial development, up to a maximum of 200 acres, may be allowed providing the fOllowing standards for intensity of use are met and SblÐjeGtte tho IAteriFR Dovo/e",mont Pr-s'Iisions: a. The project, or that fIOri/on of a larger project, W"is¡ that is devoted to commercial development, is 2.5 .cres or less in size; b. through f. No change. Words -Stn"9lelr-ewgl:! are deletions; Words underlined are added 30 -~---~ --"'1~~- ..-_.-.~ Agenda Item No. 80 October 26,2004 Page 71 of 97 B. Rural Fringe Mixed Use District [pages 57-63) No change. 1. Transfer of Development Rights (TDR), and Sending. Neutral. and Receiving Designations: The primary purpose of the TOR process within the Rural Fringe mixed Use District is to establish an equitable method of protecting and conserving the most valuable environmental lands, including large connected wetland systems and significant areas of habitat for listed species, while allowing property owners of such lands to recoup lost value and development potential through an economically viable process of transferring such rights to other~ more suitable lands. Within the Rural Fringe Mixed Use District <:md witniR !:IesiQn3te!:l oroaG of the ^grioulturalfRural Mixod UGe District, residential density may be transferred from lands designated as Sending Lands to lands designated as Receiving Lands on the Future Land Use map, subject to the follo':.'ing: ~roVisions below. Residential density may not be transferred either from or into areas gesianated as Neutral Lands throuah the TDR orocess. A) Receiving Lands: No change. 1. Maximum Density: The base residential density allowable for designated Receiving Lands is one (1) unit per five (5) gross acres (0.2 dwelling units per acre). The maximum density achievable in Receiving Lands through the TDR process is one (1) dwelling unit per acre. This maximum density is exclusive of the Density Blendina orovisions. Dwellina Units mav onlv be transferred into Receivin Lands in whole unit increments fractional transfers are orohibited-; . Once the maximum density is achieved through the use of TDRs Credits, additional density may be achieved as follows: ª-l a ß density bonus of no more than 10% of the maximum density per acre shall be allowed for each additional acre of native vegetation preserved exceeding the minimum preservation requirements set forth in Policy 6.1.2 of the CCME. Ql A densi . bonus of no more than 10% of the maximum densi er acre shall be allowed as ~rOYided in Policy 6.2.5(6~b of the CCME. ~ ~"':.: :~G~~=\~:~~:Rt:.r~I~::I:=,=liRg (fractional transfers are prohibitod). 2. through 4. No change. 5. Permitted Allowable Uses: Uses within Receiving Lands are limited to the following: a) Agricultural uses &uch ac farmiAg, ranching, fGrestry and boe keeping; b) No change. c) Multi-family residential structures shall be permitted under the Residential Clustering provisions of this plan~ subject to the development of appropriate development standards to ensure that the transitional semi- rural character of the Rural Fringe Mixed Use District is preserved. These development standards shall include, but are not limited to: building heights~~ design standards~, buffers~ and setbacks. d) through j) No change. k) Golf courses or driving ranges, subject to the following standards: (1) The minimum density shall be as follows: {oj i~~f:'::,~=':::i~:J.,~=~~~~:(~~W~I= unit per fivo (5) groGG <acres 31 Words Stryckthrsygh are deletions; words underlined are added Agenda Item No. 8D October 26, 2004 Page 72 of 97 fl¡).-For golf course projects ROt illzing ¡¡aASily Blanding P""¡;sian", including both freestanding golf Courses and coIf Courses with associated residential deveo~ment:: ~~= = s~::: ::,ano ~~~~:~:::r :~::: ' aÃd a I . g fivo (6) g~. ~CfÐ. fu;~ ne TDR credij sh~II I¡e reouired for eve~ flve (5) oross acres of land area utilized as part of the golf COurse, including the clubhouse area, rough, fairways, greens and lakes, but excluding any area dedicated as conservationr'h'hich ~ is non- irrigated ;nd retained I: a n~ural state. i~':::=:':a :::.: ~= ~~:ø,,: :: =:;~~:~ Anv residential develo ment associat d with the olf Course sh II have a minimum densi of one 1 dwel/in unit er five acres. (2) Golf Courses shall be designed, constructed, and managed in accordance with the best manaaement Dractices of AUdubon International's Gold Signature Program and the Florida DeDartment of Environmental Protection. (3) through (7) No change. I) through n) No change. B) 7. 8. c) affect the Words ~ruGkt~r.Q1:I9R are deletions; Words underlined are added 32 Agenda Item No. 80 October 26,2004 Page 73 of 97 3. Pormitted Allowable Uses: a) Agricultural uses Buch as farming, ranching, foreGtry and bee kooFling; b) No change. c) Multi-familv residential structures shall be oermitted under the Residential Clusterin rovisions of this Ian sub' ect to the develooment of aeoroeriate develoement standards to ensure that the transitional semi-rural character of the Rural Frinae Mixed Use District is oreserved. These develoement standards shall include but are not limited to: build in hei hts desiQn standards, buffers. and setbacks. Renumber c) through h) to d) through i). ijjl Golf courses or driving ranges, subject to the following standards: (1) Golf courses shall be designed, constructed, and managed in accordance with the best manaaement eractices of Audubon International's Gold Signature Program and the Florida Deoartment of Environmental Protection. (2) through (6) No change. Renumber j) to k). k}L. Public and private schools, educational olants and ancillarv elants 6ubject to t~ f:I:~1:~::~ S~ =~~= =:~I ::t:~~ :;:;~~~~=,:I~:G~= 01 County com:i€£i~:ors. ::rhe Sit~ must ~ .ply. ith the State Roquirements for e9YC3tioAal Facilities adopted by tho S~ato Board of Eèucation. ::rho &ita &ha" ee £~t t~ ;ï¡ ;pplicablo State or Fodoral reg\;llations. Renumber I) through 0) to m) through p). g) Parks. ooen seace. and recreational uses. r) Private schools. ðÅ. Native vegetation and preservation requirements: Native vegetation shall be preserved as set forth in CCME Policy 6.1.2. 5. Density Blendina shall be oermitted subiect to the orovisions set forth in the Density Ratina Svstem. 6. Ad'ustment to Neutral Lands Boundaries. For all ro erties desi nated Neutral Lands where such ro ert is conti uous to a Neutral Land/Sendin Land bounda y, the _ro_e owner ma submit data and anal sis to the Coun in an attemet to demonstrate that a chanae in the boundarv is warranted. Within one ear from the effective date of this rovision the Coun ma initiate a Growth Mana ement Plan amendment to consider such bounda chan es u on a showina of the followinQ: a) The orooertv is contiauous to Sendina Lands; b Site s ecific environmental data submitted b the ro e owner or other data obtained b the Coun indicates that the sub'ect ro e contains characteristics warrantina a Sendina desianation: and c An ad'ustment to the Neutral Lands bounda will not adversel affect the TOR oroaram. C) Sending Lands: No change. [pages 64-65] 1, through 3. No change. 4. Permitted Uses: Permitted uses are limited to the following: a) through g) No change. 33 Words StruckthrGygh are deletions; words underlined are added .----- Agenda Item No. BD October 26, 2004 Page 74 of 97 h) Oil e><t"'.ti... and fOisted P"'''''.liR§ Gas exaloratiQn. Where practicable, directiona~drllling techniques and/or preViously cleared or disturbed areas shall be utilized to minimize impacts to native habitats. 5. Conditional Uses: a) The following uses are conditionally permitted Subject to approval through a public hearing process: (1) Essential services not identified above in ð !~. Within one year, Collier County will review essential services currently allowed in the Land Development Code and will define those uses intended to be condlttonally permitted in Sending designated lands. During this on-year periOd or if necessary until a comprehensive plan amendment identifying conditionally permitted essential services, no conditional uses for essential services within Sending designated lands shall be approved. (2) No change. (3) Commercial uses accessory to permitted uses ~ 4.a), ~ 4.c), ~ ~d), such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory subordinate use. Oil and as field devel ment and ro uction. Where racti bre directiona~drillin techni ues and/or reviou,l. cieared or disturbed areas shall be utilized to minimize imDacts to native habitats. b) No change. 6. through 8. No change. D) Additional TDR Provisions: [pages 66-67] No change. 1. The establishment of a simple, eXpeditious process whereby private property owners may, by right, "sell" residential dwelling units from lands designated as 'Sending lands'. Said unlis {TOR Creditsl may then be 'transferred' by right to lands designated as 'Receiving lands", or to Urban lands where authorized. Once established, the TOR program shall be administratively reviewed and approved, requiring no further public hearing or Board approval if consistent with the proVisions for administrative approval. 2. The establishment of a process for tracking and recording all traRlfe", 9f reli<lBAtial UAItI TOR Credits in the public reCOrds of Collier County. This shall include the identification of the entity or department responsible for the On-going administration of the TOR program. In addition, the County shall consider the feasibility of establishing a "TOR Bank," to be administered by the County or some other not-far-profit govemmental or quasi-governmental public agency established for this pu;~o~:. .:c ~ ~~~:~~::~~ tu:n:d:'ng æ=~¡::~Eu==E=S'I~:'~~a~ objective of the TOR Bank is to make funds available to support the TOR program by offering initial. minimal purchase prices of TORI Credits. Ë:E ~b:::~2S~:~~~~~:~ 3. Limitations and Procedures: Words StrblGktl:1r-SblQA are deletions; words underlined are added 34 Agenda Item No. 80 October 26,2004 Page 75 of 97 a) Transfers TOR Credits shall not be 3110·....ed generated from sªending tlands where a conservation easement or other similar development restriction prohibits residential development. b) The transfor of units generation of TOR Credits throuah the severance of residential density from Sendina Lands shall be recorded in public records utilizing a legal instrument determined to be appropriate by the County Attorney's Office. Said instrument shall clearly state the remaining allowable lands uses on the subject property after all, or a portion, of the residential density has been transforred severed from the property. c) Where residential density has been transferred severed from Sending Lands, such lands may be retained in private ownership or may be sold or deeded by gift to another entity. 4. No change 5. A 25-year prohibition on utilizing aeneratina TORs whero a Credits from any parcel . or cortion thereof, within Sending Lands has been cleared for agricultural purposes after June 19, 2002. 2. No change 3. Rural Villages: No change [pages 68-69] A) and B) No change C) Rural Village Sizes and Density: 1. and 2. No change 3. Density may be achieved as follows: a) No change b) The additional density necessary to achieve the minimum required density for a Rural Village shall be achieved by an equal amount of TORs Credits and bonus units. That is, for each TOR Credit acquired one bonus unit shall be granted. c) Additional density between the minimum and maximum amounts established herein may be achieved through any of the followina, either individuallv or in combination: 12 Additional TORs, and/or through Credits. ~ through a ð 0.5 unit bonus for each unit that is provided for lower income residents and for entry level and workforce buyers, and/or through a... âLß density bonus of no more than 10% of the maximum density per acre allowed for each additional acre of native vegetation preserved exceeding the minimum preservation requirements set forth in Policy 6.1.2 of the CCME. 4) A density bonus of no more than 10% of the maximum density cer acre as crovided in Policv 6.2.5(6)b of the CCME. Within ~ne (1) year of the offoctive date of these Rural fringe amendmonts, the County will amena the land development code to establish he follo.....ing: a definition of "workforce housing;" minimum qualific3tions for the 3bo':o referenced density bonus; and a minimum percent of the allowable density that shall meet the definition of workforce/affordable housing "..ithin a rural ·:illage. D) No change. E) Open Space and Environmental Protection: 1. No change. 35 Words StruckthrQblgh are deletions; words underlined are added 2. Open Space and Native Vegetation Retention. a) No change. b) Open Space: Within the Rural Village and required Greenben, in aggregate, a minimum of ~ 40% of Open Space shall be provided. 3. No change. F) and G) No change. 4. No change. C. and D. No change, Agenda Item No. 80 October 26, 2004 Page 76 of 97 .- III. ESTATES DESIGNA TION No change. \l,.B!:..CONSERVATlON DESIGNATION No change. V. OVERLAYS AND SPECIAL FEA TURES A. No change. B. North Belle Meade Overlay No change. ~.L IN GENERAL [pages 76-771 The North Belle Meade area is surrounded by Golden Gate Estates to the north, east, and west and 1-75 to the south. The area, designated as the North Belle Meade Overlay, comprises ± 24 sections of land (± 15.552 acres. depending on the size of Individual sections) and is depicted on the Future Land Use Map and North Belle Meade Overtay Map. The NBM Overlay area Is unique to the Rurai Frtnge area because It is surrounded by areas that are vested for deveiopment on three sides. Because this area is iargely undeveioped and includes substantiai vegetated areas. the Sending Lands can and do provide habitat for wildlffe, including endangered species. Within the NBM Overlay area are aiso areas that have been previously impacted by canal construction and past ciearing and agricultural practices which have ailered the natural hydropertod. The challenge for the NBM Overtay area is to achieve a baiance of both preservation and opportunities for future development that takes into aCCOunt resource protection and the reiationship between this area and the Estates developing around the NBM Overlay area. ACCOrdingiy. a more detailed and specific pian for the NBM Overlay is set forth herein. Unless otherwise specifically stated. no other Goals, Objectives and Policies of the Future Land Use Element, other than those relatina to deQsitv and allowable usei- Conservation and Coastal Management Element. or Public Facilities Element in the Growth Management Plan or implementing LORs. including specifically but not limited ta wetlands and wildlife Protection. shall be applicable to the NBM Overlay ReCeiving Lands other than this NBM Overtay Plan and its implementing LORs. On Receiving Lands any development shall COmply with the non-environmental administrative review procedures of Collier County for site development plans and platting. Within the NBM Overlay there are four distinct areas. as depicted on the Future Land Use Map and Map series, that require separate treatment based on existing COnditions within this area. These areas include the natural Resource Protection Area (NRPA). the Receiving and the Sending Areas for the transfer of development rights. and a Neutral Words Strl:lsk#lrsblQh are deletions; words underlined are added 36 " --- ----,,--..---" Agenda Item No. 8D October 26, 2004 Page 77 of 97 area, which is neither a Sending nor a Receiving Area comprising two sections of land. It is the intent to perform the physical planning of the NBM Sending Lands within twelve (12) months after the effective date for Red Cockaded Woodpeckers, Greenways, and Wildlife Crossings. Planning Considerations Renumber 1. through 4. to a. through d. Renumber B. to 2. Planning Considerations [page 79] Renumber 1 and 2 to a. and b. 3.c. Sending Area The NBM NRPA shall be designated as a-&§ending afea Lands for DUrDOSeS of the Transfer of Development Rights (TOR) proaram. 4.d. TDRs O'.-mers of lands locatod in TOR Credits aenerated from the NBM NRPA may transfer their eevelopmont ri€,!hts be transferred to Sections 21 and 28 and the west y.. of s§ection~ 22 and 27, aMJef to other suitable locations within the Rural Fringe Mixed Use Area District. or to the Urban Area at a ratio of 1 unit per 5 acres from Sending Lands or one unit per individual deeded parcel or lot that existed as of June 22, 1999, whichever is greater. c.3. RECEIVING AREAS [pages 79-80] Within the NBM Overlay, Receiving Areas are identified for clustering of residential dwelling units, central water and sewer service, and for the transfer of development rights and comprise ± 3,368 acres in the northern portion of NBM Overlay. The Receiving Areas are generally located in the northern portion of NBM Overlay and generally contiguous to Golden Gate Estates. Two sections are directly to the south of the APAC earth Mining Operation. The Receiving Area exhibits areas of less environmental sensitivity than other portions of the NBM Overlay, because of their proximity to Golden Gate Estates and prior clearing and disturbance to the land. Within the Receiving Area of the NBM Overlay, are located Sections 21, 28, and the west y.. of Sections 22 and 27, which have been largely assembled under one property ownership. These lands are located south of the existing APAC earth mining operation and have been largely impacted by agricultural operations. The location of Sections 21 and 28 is just to the south and west of Wilson Boulevard located in the southern portion of north Golden Gate Estates. Because an earth mining operation and asphalt plant uses have existed for many years in the area, and the surrounding lands in Sections 21,28, and the western t:\aIveS auarters of Sections 22 and 27 are reported to contain Florida Department of Transportation grade rock for road construction, these uses are encouraged to remain and expand. However, until June 19, 20042005, mining operations and an asphalt plant may be expanded only to the western half of Section 21 and shall not generate truck traffic beyond average historic levels. If by June 19, 20042005, an alignment has been selected, funding has been determined, and an accelerated construction schedule established by the Board and the mining operator for an east-west connection roadway from County Road 951 to the extension of Wilson Boulevard, mining operations and an asphalt plant may expand on Sections 21 and 28 and the western quarters of 22 and 27 as a permitted use. If no such designation has been made by June 19, 20042005, any mining operations or asphalt plant in these areas, other than continued operations on the western half of Section 21 at historic 37 Words Struckthreugh are deletions; words underlined are added levels, shall be permitted only as a conditional use, unless the mine operator upon failure to attain Board selection of an alignment commits by June 19, 20042005 to construct a private haul road by June 19, .:!OOe2007 wl/hout the allocation of any public funds. The County's existing excavation and explosive regulations shall apply to all mining operations in these areas. Agenda Item No. 80 October 26, 2004 Page 78 of 97 The extension of Wilson Boulevard to the south with an ullimate connection to the vicinity of Interstate 75, will serve to alleviate traffic congestion on Golden Gate Boulevard and serve as an alternate evacuation route for Golden Gate Estates. Sufficient area for right-of-way is available al the presern time for the extension of this roadway. Addl/ional right-of-way may be required outside of Sections 21 and 28. Because of the proximity of Sections 21 and 28 and west 11, of section 22 and 27 to Golden Gate Estates, as well as other locations in the NBM Overlay Receiving Area, they are a logical locations for the development of a Rural Village or NeighbOrhood Village Center wllh a mix of uses which may include clustering of residential Uses and civic and institutional uses, inCluding limited retail uses at an intersection to be established with Wilson Boulevard. 2 itat Protection. A densi bonus of no more than er acre shall be allowed as rovided in Po lie 4-.b. North Belle Meade Rural Village The standards for !he Rural VillagesICe",meFGial in the NBM Overlay Receiving Area shall be generally !he same as provided for in the Rural Fringe MiXed Use District, hHowever, because of the NBM Receiving Area's location adjacent to Estates, the NBM NRPA, and other Sending I),ands, it does not have access to existing commercial uses, which should be encOuraged on NBM Receiving Lands. The fOllowing exceptions shall apply: 1) The minimum gross density shall be 1.5 dwelling unl/s per gross acre and a maximum of 3 units per gross acre. ;¡¡ A minimum of Q.5 dwelling units per acre shall be acquired through the traAsfer <>I GevelopmeRt R!JÄtG TOR Credits. ;¡¡ Sidewalks shall be required on both sides otthe streets in the NBM Rural Village. ~ Greenbelts shaH not be required for any NBM Receiving Lands including any Rural Village. However an Greenbell that is rovided shall be in luded in the calculation of 0 n ace for ur ose of determinin com lianc with the 40% Open Space reooirement 2ì Schools should be located with the NBM Rural Village whenever Possible in order to minimize busing of students and to co-locate schools with public facilities and civic structlleS such as parks, libraries, community centers, public squares, greens, and civic areas. Words ðtnx::kIRr:Qb/9R are deletions; words underline.,g are added 38 ! _M.. Agenda Item No. 80 October 26,2004 Page 79 of 97 ID Elementary schools shall be accessed by local streets, pedestrian and bicycle facilities, and shall be allowed in and adjacent to the Rural Village Center, provided such local streets provide adequate access as needed by the School Board. 1M. SENDING AREAS No change. Planning Considerations [page 81] Renumber 1. to a. 2. Mi~~:i:;~~ ~a;~~.~~~;~ ~t~h~ ~it1~P/\ and the a~oining Buffer areas, whi~h will Be dedic~:~,~~ ~;g~~;; ~~/; n. . ~ f?r conse.Natlon lJse may :also Be CF9dlt~ :~~:r~: ~eebng :~:~;c.: .tal mltl¡Jatlon reqUirements and on a one t~~:. ~~~~?~ ~~: ; . ~~ ïh~ ~nsitÐ '¡ogotation proservation requirements of NBM Roceiving haMs. Renumber 3. to b. 4.c. Public Acquisition The County should support the public acquisition of Sending AFea& Lands in the NBM Overlay, particularly in locations where endangered or threatened species are located. 1;;5. NEUTRAL LANDS [page 81] Within the NBM Overlay there are ±1 ,280 acres of land that are identified as Neutral Areas. The Neutral Areas consist of two % sections located at the northeast corner of the Overlay and section 24 located in the northwest portion of this Overlay. The preservation standards for Neutral Lands shall be those contained in CCME Policy 6.1.2 for Neutral Lands. The County &hall porform has Derformed an RCW study for Section 24 and, if the results of the study warrant, the Plan will be amended. C. Natural Resource Protection Area Overlay [pages 81-82] The purpose of the Natural Resource Protection Area (NRPA) Overlay designation is to protect endangered or potentially endangered species and to identify large connected intact and relatively unfragmented habitats, which may be important for these listed species. NRPAs may include major wetland systems and regional flow-ways. These lands generally should be the focus of any federal, state, County or private acquisition efforts. NRPAs are located in the following areas: 1. Clam Bay Conservation Area (within Pelican Bay Plan Unit Development); 2. CREW (Corkscrew Regional Ecosystem Watershed); 3. North Belle Meade; 4. Belle Meade; 5. South Golden Gate Estates; 6. Okaloacoochoe Slollgh (interim); 7. Camp Koais (interim). NRPAs located in the Rural Fringe Mixed Use District, or on nearBY or adjacent Conservation De&ignated Lands are identified as Sending Lands. Private property owners within these NRPAs may transfer residential development rights from these important environmentally sensitive lands. 39 Words Strl.Jckthrough are deletions; words underlined are added Natural Resource Protection Areas (NRPAs) that aFe nof idontitied as "interim" aa...... shall have the following standards: Agenda Item No. 8D October 26, 2004 Page 80 of 97 1. through 3. No change. 4. For privately owned lands within a NRPA Overiay and designated Sending ¡bands OF estate. mspeS/ively, penniffed and conditional uses shall be those as set forth in the Rural Fringe Mixed Use District for Sending Lands. 5. and 6. No change. D. Rural Lands Stewardship Area Overlay Goal No change. Objective No change. Groups 1 and 2 No change Group 3 - No change. Policies 3.1 through 3.8 No change. 2. Policies 3.10 through 3.14 No change. Group 4- No change Policies 4.1 through 4.14 No change. Words $tr~sktl1re~gR are deletions; words underlined are added 40 _.^-~,--, Agenda Item No. 8D October 26, 2004 Page 81 of 97 Renumber Policy 4.15 to 4.15.1 Policy 4.15.2 [page 97] The Board of County Commissioners (BCC) may. as a condition of approval and adoption of an SRA development. reeuire that suitable areas for parks. schools. and other public facilities be set aside. improved. and/or dedicated for public use. When the BCC reauires such a set aside for one or more public facilities. the set aside shall be subiect to the same provisions of the LDC as are applicable to public facility dedications reeuired as a condition for PUD rezonina. Policy 4.15.3 [page 97] Applicants for SRA desianation shall coordinate with Collier County School Board staff to allow plannina to occur to accommodate anv impacts to the public schools as a result of the SRA. As a part of the SRA application. the followine information shall be provided: 1. Number of residential units bv type: 2. An estimate of the number of school-aaed children for each type of school impacted (elementary, middle. hieh schoo): and 3. The potential for locatine a public educational facilitv or facilities within the SRA. and the size of any sites that may be dedicated, or otherwise made available for a public educational facility. Policy 4.16 [page 97] A SRA shall have adequate infrastructure available to serve the proposed development, or such infrastructure must be provided concurrently with the demand. The level of infrastructure provided will depend on the ty¡;}e form of SRA development, accepted civil engineering practices, and LDC requirements. The capacity of infrastructure serving necessary to serve the SRA at build-out must be demonstrated during the SRA designation process in aooordanoe with the Collier County Concurrency Management System in effeot at the time of SR/\ designation. Infrastructure to be analyzed includes transportation, potable water, wastewater, irrigation water, stormwater management, and solid waste. Transportation infrastructure is discussed in Policy 4.14. Centralized or decentralized community water and wastewater utilities are required in Towns, Villages, and those CRDs exceeding 100 acres in size. Centralized or decentralized community water and wastewater utilities shall be constructed, owned, operated and maintained by a private utility service, the developer, a Community Development District, the Immokalee Water Sewer Service District, Collier County, or other governmental entity. Innovative alternative water and wastewater treatment systems such as decentralized community treatment systems shall not be prohibited by this policy provided that they meet all applicable regulatory criteria. Individual potable water supply wells and septic systems, limited to a maximum of 100 acres of any Town, Village or CRD of 100 acres are permitted on an interim basis until services from a centralized/decentralized community system are available. Individual potable water supply wells and septic systems are permitted in Hamlets and may be permitted in CRDs of 100 acres or less in size. Policy 4.17 [page 97] The BCC will review and approve SRA desienation applications in accordance with the ~rovisions of Policv 1.1.2 of the Capital Improvement Element of the GMP for Cateaory A ubhc facilities. Final local development orders will be approved within a SRA deslanated bv the BCC in accordance with the Concurrency Manaeement System of the GMP and LDC in effect at the time of final local development order approval. 41 Words Struckthr9ugh are deletions; words underlined are added Agenda Item No. 80 October 26, 2004 Page 82 of 97 Policy 4.11§ [page 98) The SRA will be planned and designed to be fiscally neulral or pos~lve to tile Collier County tax base at the horizon year based on a ~ :; ::: cost/benefit fiscal ~ga;,~I~:'=:==:m OO:=~).~~::~~ ~~~::: mav be :;'o~ted b~ the Coun~. The BCC may grant exceptions to this POlicy to accommOdate affordable housing, as it deems appropHate. Techniques that maJ£ SUPP9RJ2romote fiscai self sullieleROY neutrali!\(.such as Communny Development Dlslricts.and other SDeeial dlstri~ shall be encouraged. At a minimum, the analysis shall consider Ihe following-public facilnies and services: transportation, POtable water, wastewater, lnigatlon water, stormwater management, solid waste, parks, law enforcement, and schOOls. Developmenl Phasing, develo er contributions and mnl allan and other ublicl Hvate artnershl s and ÑndlRfj meshaRisms shall address any J2,otentlal adverse impacts to adopted ~:::::m levels of service standards ptJrsl,Jant to the COl,Jnty Censl,Jrrenoy Managemont . Renumber Policies 4.18 through 4.20 to 4.19 through 4.21. Group 5 No change. Policies 5.1 through 5.4 No change. Policy 5.5 [pages 100-101) No change. 1. No change. 2. Wildlife habitat management plans for listed Species shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey Indicated listed Species are utilizing the site, or the site Is capable of SUpporting wildlife and can be anticipated to be potentially occupied by listed species. These plans shall deSCHbe how the project directs Incompatible land uses away from listed Species and their habitats, a. Management plans shall incorporate proper techniques to protect listed species and their hab~ats from the negative Impacts of proposed development Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development Impacts to wildlife and to facilitate and encourage wildlife to use wildlife corridors. Appropriate roadway crossings, underpasses and signage shall be used where roads must cross wildlife corridors. i. No change. ii. The County shall consider any other techniques recommended by the USFWS and FFWCC, subject to the provision of paragraph (3) of this polloy. ill. When listed species are directly observed on site or indicated by evidence, such as. dennln~, foragin~, or other indications, ::~ =: be ~:::' p¡:eson'fRg too ';etea spe~JOs haeltat fiFst, as ~a---___ .~.nod- ____ ~i"'R r¡,<ulremoot <Of a minimum of 40% of native Veoetatlon on site shall be retained with the exce tion of c/earin for a ricultural ur oses. The County shall also consider the recommendation of other agencies, Subject to the provisions of paragraph f3j of this policy. c. through h. No change. 3. No change. Words Strb/€KtRrSb/gR are deletions; Words underlined are added 42 T --~ Agenda Item No. 80 October 26,2004 Page 83 of 97 Policy 5.6 [pages 102-103] No change. 1. and 2. No change 3. FSAs, HSAs and WRAs, as provided in Policy 5,3, and the ACSC have stringent site clearing and alteration limitations, non permeable surface limitations, and requirements addressing surface water flows which protect wetland functions within the wetlands in those areas. Other wetlands within the RLSA are isolated or seasonal wetlands. These wetlands will be protected based upon the wetland functionality assessment described below, and the final permitting requirements of the South Florida Water Management District. a. The County shall apply the vegetation retention, open space and site preservation requirements specified within this Overlay to preserve an appropriate amount of native vegetation on site. Wetlands shall be preserved as part of this vegetation requirement according to the following criteria: i. The acreage requirements specified within this Overlay shall be met by preserving wetlands with the highest wetland functionality scores. Wetland functionality assessment scores shall be those described in paragraph tbt of this policy. The vegetative preservation requirements imposed by Policyies 5.3 and 5.5 shall first be met through preservation of wetlands having a WRAP functionality assessment score of 0.65 or a Uniform Wetland Mitiaation Assessment Method score of 0.7. or greater. Within one year, from the effective date of this Amendment, the County shall develop specific criteria in the LDC to be used to determine those insta nces in which wetlands with a WRAP functionality assessment score of 0.65 or a Uniform Wetland Mitiaation Assessment Method score of 0.7. or greater must be preserved in excess of the preservation required by Policy 5.3. ii. and iii. No change. b. In order to assess the values and functions of wetlands at the time of project review, applicants shall rate functionality of wetlands using the South Florida Water Management District's Wetland Rapid Assessment Procedure (WRAP), as described in Technical publication Reg-001 dated September 1997, and updated August 1999, until6uch time 36 the District adopts the f')roposed Unified or the Uniform Wetland Mitigation Assessment Method, described iR draft form aM identified as FAC. Chapter 62-345 Uniform \'\Iøtland Mitigation /\E:sessment Method. The applicant shall submit to eCounty staff agencv-acceDted WRAP scores or Uniform Wetlands Mitiaation Assessment scores., County staff shall review shall fCview this functionality assessment as part of the County's EIS provisions and shall use the results to direct incompatible land uses away from the highest functioning wetlands according to the requirements found in paragraph 3 above. c. through g. No change. E. through G. No change. 43 Words Struckthr9I.JQh are deletions; words undertined are added Agenda Item No. 8D October 26, 2004 Page 84 of 97 GOAL 1 : CONSERVATION AND COASTAL MANAGEMENT ELEMENT THE COUNTY SHALL CONTINUE TO PLAN FOR THE PROTECTION, CONSERVATION, MANAGEMENT AND APPROPRIATE USE OF ITS NATURAL RESOURCES OBJECTIVES 1.1 No change. Policies 1.1.1 through 1.1.8 No change. POlicv 1.1.9 [page 2] OBJECTIVE 1.2 No change. OBJECTIVE 1.3: No change. Policy 1.3.1 [page 3] No change. a. Identification of the NRPAs in map form as an overlay to the Future Land Use Map; ~:;~:~~r,~=;;~~~~~ :~:~=:r ~;o~:a:~s;z~~~~~::o.~~ ::i~" u .. ~. ~~=tIV~ :: =~A:Y i;;~;; ;;:: :::~~:: ~=:: ':::æ~;wr;;,~~=:E~ ;;I;:~ r.:..m ~"ê~~=:?E::::~::0~~~ ~ ï,....::ÞJ :::: =::, ~ :';.i N;;;=:~::= Dunng the Assessment for the Words Stn;/ckthr.ablQR are deletions; words underlined are added 44 --"1 ' Agenda Item No. 8D October 26,2004 Page 85 of 97 Rural Fringe area, the County has determined that CREW Trust lands, tRe Belle Meade, aM a portion of the Northern Belle Meade shall be identified as NRPAs. The County also has determined that the South Golden Gate Estates is a NPRA. The specific boundaries have been identified as NRPAs on the Future Land Use Map. The status of the other interim ÞJRP.^.s and study areas shown on the Future Land Use Mal'> will be addressed at the oompletion of the ^ssossFl1ent. '-Alithin the remaining areas, the following shall be the primary foous of addition study: In addition to the moratorium referonced above, the County shall gi':e Rstioe to the Florida Department of Community /\f.f3irs of all applications to develop or otherwise impaot the above Gpeoial study areas. b. through g. No change. Policies 1.3.2 through 1.3.5 No change. GOALS 2 through 5 No change. GOAL 6: No change OBJECTIVE 6.1 No change. POLICY 6.1.1: [pages 15-16] No change. Coastal High Hazard Area Non-Coastal High Hazard Area Residential and Mixed Less than 2.5 acres 10% Less than 5 acres 10% Use Development Equal to or greater Eaual to or Ggreater than 5 acres than 2.5 acres 25% and less than 20 acres 15% Equal to or greater than 20 acres 25% Golf Course 35% 35% Commercial and Less than 5 acres 10% Less than 5 acres 10% Industrial Development Equal to or greater Equal to or greater than 5 acres 15% than 5 acres 15% Industrial Development 50%, not to exceed 25% of the 50%, not to exceed 25% of the (Rural-Industrial District project site project site Onlv) The following standards and criteria shall apply to the vegetation retention requirements referenced above: (1) through (3) No change. (4) Selection of preservation areas shall reflect the following criteria in descending order of priority: a. OnGite wetlands shall be preserved pursuant to Policy 6.2.1 of this element; 45 Words StrblckthrobJgh are deletions; words underlined are added 1M. Areas known to be utiliZed by listed species or that serve as COrridors for the movement of wildlife¿ shall be preserved and protected in order to facilitate the movement of wifdlife through the site. This sriteriOR shall be..... consistent with the requirements of Policy 7.1.1 of this element.~~~ -klifliII¡¡ g""her ~~_ :=:~~;:~=~=~~==::::'" b. Onsite wetlands reserved ursuant to Polic 6.2.4 of this Element. c. and d, No change. (5) through (10) No change. Policy 6.1.2 [page 17) No change. a. and b. No change. c. Non-NRPA Sending Lands: Calculated at the higher value of 80% of the native vegetation present, or 89% of the total oile area as me othelWise be ermltied under the Densi Biendin rovisions of the FLUE. d. NRPA Sending Lands: Calcuiated at the higher value of 90% of the native vegetation present, or 90% of IRe total oito area, OF as may othelWise be permitted under Ihe Density Blending provisions of the FLUE. e. through g. No change. (1) through (12) No change. Agenda Item No. 8D October 26, 2004 Page 86 of 97 Policies 6.1.3 through 6.2.4 No change. Policy 6.2.5 [page 24) No change. (1) No change. a. The acreage requirements of Policy 6.1.2 of this element shall be met be preserving wetlands with the highest wetland functionality Scores. Wetland functionality assessment Scores shall be those described in paragraph (2) of this policy. Wetlands having funotianality aoo"""ment IIGG<es a WRAp SCore of at least 0.65 or a Uniform Wetland Mitigation Assessment Method score of 0.7 shall be preserved on site. This policy is not intended in all cases to require preservation of wetlands exceeding the acreage required by Policy 6.1,2 of this element. Within one year, the County shall develop SPecific criteria to be used to determine when wetiands having a functionality 3ssessmORt WRAP Score greater than 0.65 or a Uniform Wetland Miti ation Assessment Method Score of reater than 0.7 shall be required to be retained exceeding the acreage required by Policy 6.1.2 of this element. b. through e. No change. (2) In order to assess the values and functions of wef/ands at the time of project review, applicants shall rate functionality of wetlands using the South Florida Water Management District's Wef/and Rapid Assessment Procedure (WRAp), as described in Technical Publication Reg-Do 1 , dated September 1997, and updated August 1999,_ sush ti",e .0 file DiotFiot ada~t. or the PfÐpeo. . The applicant ohall submit to oQounty staff, agency accepted WRAP scores or Uniform Wetland Mitiaation Assessment Method scores. County staff shall review this functionality assessment as part of the Words .atrblskthrSblQA are deletions; words underlined are added 46 -----_0 Agenda Item No. 8D October 26,2004 Page 87 of 97 County's EIS provisions and shall use the results to direct incompatible land uses away from the highest functioning wetlands according to the requirements found in paragraph (1) above. (3) through (6) No change. Policies 6.2.6 through 6.5.3 No change. 47 Words StruckthrebJgh are deletions; words underlined are added Agenda Item No. 80 October 26, 2004 Page 88 of 97 GOAL 1: No change. CAPITAL IMPROVEMENT ELEMENT GOALS, OBJECTIVES AND POLICIES OBJECTIVE 1 : No change Policy 1.1.1: No change. Policy 1.1.2: [page 3) No change. A. No change. B. The County Commission will review all rezone requests, SRA desionation aDQlicalioQ!!' and proposed amendments to the Future land Use Etemenl (FLUE) affecting the overall County- W1de denstty or intensity of permissible development wnh consideration of their impact on both the variable "0" in the formula 0 = (S x 0) _ I, and the overall roadway system. The County Commission shall not approve any such rezone requesLsRA desionalion, or FLUE amendmenl that significantly impacts either: (1) a deficient roadway segment or; (2) the BEBR high range growth rate POPulation Projections through the five years of the annually updated Capital improvement Plan, on a continuously rolling basis, and Ihen 95% of the BEBR high range growth rale thereafter, for the variable "0", unless one of the fol/owing simultaneously OCcurs: 1. Specific miflga1ing stipulations are approved in COnjunction with the rezone or SRA designation resolution to restore or maintain the level of Service on the impacted roadway segment; 2. The adopted POpulation standard used for caiculation of "0" in the formula 0 = (S x D) - I is amended based on appropriate data and analysis; 3. The Schedule of Capital Improvements is updated to include any necessary projects that would support the additional public facili1y demand(s) Created by the rezone, SRA desianation resolution or amendment to the Future Land Use Element. C. No change. D. No change. Any pUblic facili1y thai is determined to be needed as a result of any of the factors listed in Section Band 0 of this Policy shall be included in the regular Schedule of Capital Improvements contained in this Capital Improvemenl Element. All capital improvement projects for such public facilities shall be approved in the same manner as the projects thai are identified aCCOrding to the quantitative analysis described in Section A of this policy. Policies 1.1.3 through 1.1.5 No change. OBJECTIVES 1.2 through 1.5 No change. .- Words StrblGk#lr-Gbl9A are deletions; words underlined are added 48 -....-..-.-.---.-.... Agenda Item No. 80 October 26,2004 Page 89 of 97 TRANSPORTATION ELEMENT GOALS, OBJECTIVES AND POLICIES GOALS 1 No change. OBJECTIVES 1 through 4 No change. OBJECTIVE 5: No change. Policy 5.1: [page 14] The County Commission will review all rezone requests and SRA desianation aDDlications with consideration of their impact on the overall system, and shall not approve any such request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable Level of Service within the five year planning period, unless specific mitigating stipulations are approved. Traffic analyses to determine significant project impact shall use the following to determine the study area: a. through c. No change. Policy 5.2: No change. OBJECTIVES 6 through 12 No change. 49 Words StruckthrQugh are deletions; words underlined are added Agenda Item No. aD October 26, 2004 Page 90 of 97 I. and II. No change. GOLDEN GATE AREA MASTER PLAN III. IMPLEMENTATION No change, GOALS 1 through 3 No change A. GOALS. OBJECTIVES. AND POLICIES B. LAND USE DESIGNATION DESCRIPTION SECTION No change. 1. No change. 2. ESTATES DESIGNATION No change. a. Estates-Mixed Use District 1) through 5) No change. 6) Southern Golden Gate Estates Natural Resource Protection Overlay [page 32] Southern Golden Gate Estates is identified as a Natural Resource Protection Area (NRPA) Overlay on the Golden Gate Area Future land Use Map, "nd Is subject to the feiOWin6 P'E' NRPA ove~:~roVisions of th~ F"LUE. :. fš:'::~:'Ä:~:=~~t~::::~::: ;gª~~i~ª~~š~: [~[~ª~~gË.E§;~ 3, ËË~~~~~~~:: 7) No change. 3. No change. Maps 1 through 16 No change. Delete Map 17 [page 40] Words StrblGktf:lrOUgA are deletions; Words underlined are added 50 _N__ I Agenda Item No. 8D October 26,2004 Page 91 of 97 EXHIBIT A FUTURE LAND USE ELEMENT CPSP-2003-12 "DENSITY RATING SYSTEM This Density Rating System is only applicable to areas designated: Urban, Urban- Mixed Use District, as identified on the Future Land Use Map, and those properties specifically identified within the Urban Residential Fringe Subdistrict, which are eligible to apply for an Affordable Housina Density Bonus only, and exclusive of Urban areas encompassed by the Immokalee Area Master Plan, Golden 'Gate Area Master Plan, and Marco Island Master Plan; and, Agricultural/Rural, as provided for in the Rural Lands Stewardship Area Overlay for the Affordable Housing Density Bonus only. The Density Rating System is applicable to the Urban Coastal Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus provisions for Affordable Housing and Transfer of Development Rights, and except as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. Within the applicable Urban Designated Areas, a base density of 4 residential dwelling units per gross acre is permitted, though not an entitlement. This base level of density may be adjusted depending upon the location and characteristics of the project. For purposes of calculating the eligible number of dwelling units for a project (gross acreage multiplied by eligible number of dwelling units per acre), the total number of dwelling units may be rounded up by one unit if the dwelling unit total yields a fraction of a unit .5 or greater. Acreage to be used for calculating density is exclusive o( the commercial and industrial portions of a project, except where authorized in a Subdistrict, such as the Orange Blossom Mixed-Use Subdistrict, ~ and~ except for mixed residential and commercial uses as provided for in the C-1 through C-3 zoning districts in the Collier County Land Development Code, via conditional use; and. oortions of a oroiect for land uses havin an established e uivalent residential densi in the Collier Coun Land Develooment Code. This Density Rating System only applies to residential dwelling units. This Density Rating System is not applicable to accessory dwellings or accessorY structures that are not intended and/or not designed for permanent occupancy ~ and is not aoolicable to accessorY dwellinas or accessorv structures intended for rental or other commercial use; such accessory dwellings and structures include guest houses, servants quarters, mother-in-Iaw's quarters, cabanas, guest suites, and the like. All new residential zonin located within Districts Subdistricts and Overla s identified above that are sub'ect to this Densi Ratin S stem shall be consistent with this Densi Ratina System. exceot as orovided in: · Policy 5.1 of the Future Land Use Element: · The Urban _ Mixed Use District for the "vested" Port of the Islands develooment: · The Bucklev Mixed Use Subdistrict: · The Commercial Mixed Use Subdistrict. Words ¡;truok through are deletions; words underlined are additions 51 Agenda Item No. 8D October 26, 2004 Page 92 of 97 a. Densitv Bonuses Consistency with the following characteristics may add to the base density, Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus Provision and compatibility wilh surrounding properties, as well as the rezone crlleria in the Land Development Code. All Aaw pro~lda~ iA Po;ay fi.1 of ¡¡;;F::;=~~~~ = ' 1. Conversion of Commercial Zoni/19 If the project includes conversion of commercial zoning tha:¿ not ::!nsistent with an Subdistrict allowino commercial uses ic i I t wil'''A an MiJ<ad Use ~:~":'~:~=~~SES~~6 d:tin~n:h!~ be added for every 1 acre of commerclai zoning Which is converted. These dweiling units may be distributed OVar the enlire project. The project must be compatible with surrounding land uses." FUTURE LAND USE ELEMENT "6. Livingston RoadlEatonwood Lane Commercial Infill Subdistrict This Subdistrict consisls of 12.5 acres located on Ihe west side of Livingston Road, south of Pine Ridge Road, and north of Eatonwood Lane. The Subdistrict allows professional and medical offices, financial institutions (SIC Code 6011-609i¡¡ and indoor self-storage facilities 10 serve surrounding residential areas within a convenient travel distance to the subjecl property. The Subdistrict Is designed to be compatible with neighboring commercial and residential uses. The maximum allowed development intensities include 91,000 square feet of professional or medical office use in buildings containing a maximum heighl of 35 feet, or 200,000 square feel of indoor self-storage area in buildings containing a maximum of Ihree stories and at a maximum height of 50 feet. Should a mix of office 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 ailowable office area perlTitled. Access to the property within Ihe Subdistrict shall be limited to a single ri ht inlout turnin movement onto Livln stan Road or to a sin Ie cc ss oint onto Livln stan Road located alan the north bounda shared with the a Costa A artmenls ro'ect. The shared access oint is the referred alternative. However If the rl hi inlout o tion is first utilized in absence of a shared access a reement but a shared access a reement is laler reached with the La Costa A artments rO'ecl then Collier Coun shali have the ri ht to re uire the removal of the rl ht In/out access ~int and rerire :'::~~~~f!~:.shared acces~tt.Sls ~~: =?tË:~ ': =~:i;=£~~~~~;.. ; FUTURE LAND USE MAP Create insel maps as part of the FLUM Map Series to depict the Copeland Urban designated area and the Plantation Island Urban designated area. Words strblGk tAroUgR are deletions; words underlined are additions 52 ..- I Agenda Item No. 80 October 26, 2004 Page 93 of 97 CAPITAL IMPROVEMENT ELEMENT "Policy 1.1.2: The quantity of public facilities that is needed to eliminate existing deficiencies and to meet the needs of future growth shall be determined for each public facility by the following calculation: Q = (S x D) - \. Where Q is the quantity of public facility needed, S is the standard for level of service, o is the demand, such as the population, and I is the inventory of existing facilities. A. The calculation will be used for existing demand in order to determine existing deficiencies. The calculation will be used for projected demand in order to determine needs of future growth. The estimates of projected demand will account for demand that is likely to occur from previously issued development orders as well as future growth. B. The County Commission will review all rezone requests, SRA desianation aDDlications. conditional use Detitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall County-Wide density or intensity of permissible development... with consideration of their impact on both the variable "0" in the formula Q = (S x D) -I, and the overall roadway system. The County Commission shall not approve any such rezone request. SRA desianation. conditional use Detition. or FLUE amendment... that significantly impacts either: (1) a deficient roadway segment or; (2) the BEBR high range growth rate population projections through the five years of the annually updated Capital Improvement Plan, on a continuously rolling basis, and then 95% of the BEBR high range growth rate thereafter, for the variable "0", unless one of the following simultaneously occurs: 1. Specific mitigating stipulations are approved in conjunction with the rezone. SRA desianation resolution. conditional use Detition. or FLUE amendment. to restore or maintain the Level of Service on the impacted roadway segment; 2. The adopted population standard used for calculation of "Q" in the formula Q = (S x D) - I is amended based on appropriate data and analysis; 3. The Schedule of Capital Improvements is updated to include any necessary projects that would support the additional public facility demand(s) created by the rezone, SRA desianation resolution. conditional use Detition, or amendment to the Future Land Use Element. C. Significant impact is hereby defined for Section B of this Policy as generating potential for increased County-Wide population greater than 3% of the 8E8R high r::mge population projections for Parks, Solid Waste, Water, Sewer and Words struck through are deletions; words underlined are additions 53 Drainage facil~ies, or as generating a volume of traffic equal to or greater than 3%of the adopted LOS standard service volume of an impacted roadway Agenda Item No. 80 October 26, 2004 Page 94 of 97 a. On links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 3 % of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project Where project traffic is equal to or exceeds 3% of the adopted LOS standard service volume; c. For all other links the project traffic is considered to be significant up to the point where ~ is equal to or exceeds 5% of the adopted LOS standard service volume. " Words strlJsk thr-ougR are deletions; Words underlined are additions 54 --....-...'.------... -"T (I)(IV) A4 A4.1 (III)(IV)A4.2 A4.3 (I) A5 (III) A5.1 (III)(IV) A5.2 A5.3 (II) A6 A6.1 (III)A7 A7.1 A7.2 (III) A7.3 Category 8 81 (1)(11)(111) 82 (III) 83 (III) 84 (VI) 85 Agenda Item No. 80 October 26,2004 Page 95 of 97 Exhibit A CAPITAL IMPROVEMENT ELEMENT CPSP-2003-13 County Potable Water Systems: County systems County Water District - 185 gallons per capita per day Goodland Water District - 185 gallons per capita per day City of Naples = 185 gallons per capita per day in the unincorporated service area City of Everglades - 185 gallons per capita per day in the unincorporated service area Private potable water systems: Sewage flow design standards as identified in Policy 1.3.1 of the Potable Water Subelement of this Growth Management Plan. County Sanitary Sewer Systems: County systems: North Sewer Service Area = 145 gallons per capita per day South Sewer Service Area = 100 gallons per capita per day City of Naples = 145 gallons per capita per day in the unincorporated service area Private sanitary sewer systems: Sewage flow design standards as identified in Policy 1.2.1 of the Sanitary Sewer Subelement of this Growth Management Plan. A6.2 County Solid Waste Disposal Facilities: Two years of constructed lined cell capacity at the average disposal rate for the previous five (5) years Ten years of permittable capacity at the average disposal rate for the previous five (5) years. County Parks and Recreation Facilities: Regional Park land = 2.9412 acres per 1,000/pop. Community Park land = 1.2882 acres per 1,000/pop. Recreation facilities = $240.00 capital investment per capita Public Facilities: County Library Buildings: 0.33 square feet per capita County Library Collection: 2.05 books per capita by FY 10 County Jail: 0.0024 beds per capita (2.4 beds per 1000 population) County Emergency Medical Service: .000068 EMS units per capita (1 Unit/15,000_Population) Countv General Government Buildinas: 1.9 sauare feet Der functional resident (weiahted) CIE-6 Words ctruckthrolJgh are deleted; words underlined are added 55 - Agenda Item No. 8D October 26, 2004 Page 96 of 97 CPSP-2003-14 A. FUTURE SYSTEM NEEDS [Page 11 (III) 1. Travel Demand The MPO long Range Transportation Plan's Financially Feasible Plan and Needs Plan as adopted on March 23, 2001, are hereby incorporated to define the major roadway needs for Collier County. The 2025 Financially Feasible Plan Is presented as Map TR-1 and shows the needed roadway improvements that can be funded through the year 2025. Map TR-2 shows the total projected roadway improvements needed by 2025. Note that the Financially Feaslbie Plan does not include all needs identified through the Urban Area Transportation Study. It only includes the prOjects that can be funded fi"om reasonably anticipated revenues. While the Iota I 2025 needs are estimated to require funding of approximately 1.7 billion dOllars, Ihe cost feasibie plan reflects funding of approximately $1.5 billion. Based on recent efforts to treat transPOrtation as a top priority, the Board of County Commissioners has committed to increase revenues so that future needs are fUlly met. As directed by the Board of County Commissioners, efforts are UndelWay to develop measures to close the 0.2 billion dollar shortfall between the total needs pian and cost feasible plan through pUblic/private partnerships such as reserving right of way and drainage. EXHIBIT A TRANSPORTA TION ELEMENT Appendix A presents the 2025 Transportation Plan resulting from the Urban Area Transportation Study prepared by the MPO as additional data and analysis. Map TR - 1 also serves as the Traffic Circuiation Map that presents the number of lanes on Collier County Roadways in 2025. Map - TR 3 shows the functional classification of the rOadways and TR 3A shows the future functional classifications II1e "'"iii "'.~al faGilities in the county. The refinement of these plans to incorporate updates to the MPO's Plan, developmenl of a COllector road system and results of corridor sPecific studies, shall OCCur on a regutar basis upon approval of the Collier County Board of County Commissioners (BCC). (UI> 2. Traffic Circulation Constraints In many parts of the Naples Urban Area, traffic cirCUlation movements are constrained by the natural features of Ihe landscape such as the Gordon River. Still other parts offer COnstraints of the man-made variety, such as golf courses and the Naples Airport. In many instances approved developments (some existing, others nol yet buill) block the way of logical extensions of urban collector and arterial roads. The single most noticeable constraint Is the Gordon River as tt extends fi"om the Naples Bay northward under the East Tamiami Trail (US 41) to its connection wlih the Golden Gate canal system. The characteristics of the highway network al this location resembles an "hour-glass". On the westem extreme, US 41 and Goodlette Road converge on the narrow "straits" of the Gordon River bridge, while to the east, US 41 and Davis Boulevard do likeWise. The result is the typical "bottleneck" effect when too much traffic volume is forced through a constricted area. The other COntributing factor to current and future congestion problems is aSSOCiated with the northwest/southeast configuration of the East Trail (US 41). Because this roadway converges wlih the eastlwest and northlsouth roadways at an angle it has the impact of forcing or "squeezing" the travel demand into the confined area of the Gordon River corridor. This one roadway serves both the northlsouth and the eastlwest travel demand in the Eest Naples area. Words strl:lskthroUgR are deletions; words underlined are added 56 Exhibit A Smart Growth Goals, Objectives and policies Future Land Use Element Agenda Item No. 80 October 26, 2004 Page 97 of 97 CPSP-2003-15 Policv 7.2 The Coun . shall encoura e internal accesses or 100 roads in an effort to hel reduce vehicle coneestion on nearbv collector and arterial roads and minimize the need for traffic sienals. Policv 7.3 All new and existine develooments shall be encouraaed to connect their local streets and their interconnection oints with ad'oinin nei hborhoods or other develooments reaardless of land use tvoe. Policv 7.4 The Countv shall encouraee new develooments to orovide walkable communities with a blend of densities common 0 en s aces civic facilities and a ranae of housina orices and tvoes. Policv 7.5 The Coun shall encoura e mixed-use develo ment within the same buildin s b allowin... residential dwel1in units over and/or ad'acent to commercial develo This oolicv shall be imolemented throuah orovisions in soecific subdistricts. Policv 7.6 The Coun shall ex lore the creation of an urban II maior canal banks and oowerline easements. Words struok through are deletions; words underlined are additions 57 Agenda Item No. BE October 26,2004 Page 1 of 10 EXECUTIVE SUMMARY Adoption of a resolution applying the Annual Mid-Cycle Year Indexing Adjustments to amend the Road Impact Fee rate schedule, which is Schedule One of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (Collier County Consolidated Impact Fee Ordinance No. 2001-13, as amended) and providing for a delayed effective date. OBJECTIVE: Recommendation that Board of County Commissioners adopt the attached Resolution to amend Schedule One of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances, thereby increasing the Road Impact Fee rates by an average of7.2 percent (7.2%) per land use category, effective November 1,2004. CONSIDERATIONS: Since 1985, Collier County has used impact fees as a funding source for growth-driven transportation-related capital improvements. On December 3, 2002 this Board adopted Ordinance No. 2002-66, which is an amendment to the Collier County Consolidated Impact Fee Ordinance, (Ordinance No. 2001-13, as amended) to provide for annual mid-year indexing adjustments to Road Impact Fees. The indexing adjustments are based upon methodology that utilizes percentage changes in Just Values of real property, as determined annually by the Collier County Property Appraiser's Office, and the price trends index prepared by the Florida Department of Transportation's Office of Planning (spreadsheet attached), The application of the indexing methodology to the current Road Impact Fee rate schedule results in an average increase of 7.2 percent (7.2%) per land use category. The attached Resolution provides for a delayed effective date of November 1, 2004, which is approximately one year after the current rates were adopted. GROWTH MANAGEMENT IMPACT: Policy 1.2,6 of the Capital Improvement Element of the Collier County Growth Management Plan states, "The County shall continue to collect Road Impact Fees for road facilities requiring the same level of service standards as adopted in Policy 1,1,5 of this element in order to assess new development a pro rata share of the costs [emphasis added] required to finance transportation improvements necessitated by such development." This rate indexing ensures that road impact fee assessments consistently reflect a pro rata share of the costs of growth-necessitated capital improvements, promotes predictability of the annual revenues, reduces costs for services of rate consultants, and helps to avoid large rate increases every three years, FISCAL IMPACT: It is anticipated that approval of this rate indexing should generate approximately $2 million more per fiscal year. The additional revenue will enhance the County's ability to provide transportation-related capital improvements that are necessitated by growth. o>~~ ,- ~'"..._"..._.....",.,-....,,",..., Resolution - Indexing of Road Impact Fee Rates Page 2 Agenda Item No. 8E October 26,2004 Page 2 of 10 RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution to amend Schedule One of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances, as amended (the Collier County Consolidated Impact Fee Ordinance, No. 2001-13, as amended) to increase the Road Impact Fee rates by an average of 7.2 percent (7.2%), above the current, adopted Road Impact Fee rates, effective on November 1, 2004. Prepared by: Amy Patterson, Impact Fee Manager, Financial Administration and Housing, CDES ..........,-., Item Number Itom Summary Mooting Data Approved By Jef' Klatzkow County Attorney COLLIER COUNTY Agenda Item No. 8E October 26, 2004 Page 3 0110 BOARD OF COUNTY COMMISSIONERS eE Adophon 0' a r..olutton apply,ng tho Annu.1 Mid-Cycle Y.ar Ind.XlnQ Adju.tments 10 amend the Road Impoct Fe. rale schedule. Which is Schedule One of AppendIX A of Chapter 74 of the Colli., COW1Iy COde of laws and Ordinances (Collier County Consolidated In' pact Fe. Ordml!lr1ce No 2001-13, IS amendfld) .and providing for S delayed eHective dBlf!' 10/2612004 9:00:00 AM AssJstlnt CDunty Attprney D... County Attorney Offica Tran_portøtlon Plamllng Director Date Approved By Donald L. SCOIt Transportlon ServIces 10/111200.1 1 :35 PM Transportlton Planning Principal Plllnner~Concurrency Date Approved By Ph", Tindall Trans.portion ServIC4t. 10/111200.1 1:36 PM TranapörtatÎon Planning Approved By Sandra lea Community DevelDpment & Environmentll ServlctlJ 10111f201U 4;31 PM Executive Secretary Community Developmont & Environmental ServiceI Admit" Olilte Accounting SUperviaor Dm. Approved By Shtlron Newmln TranSPQytion Servicts 10111/2004 5:09 PM Transponatlolt Adminl&trotlon Approved By Constance Ä. Johnson CornmlJntty Development & E'lVlronme"tul ServIce. 10112120044:27 PM Operations An.lyst CornmunJty Developm.m & Environmental Servlc.. Admin. Date Financial Admin & Housing Director Dllte Approved By Denton Baker Community Development & Envlromnental Service! 10113120045:02 PM Financial Admin. & HoUsing Approved By l'r.naportatlon Division Administrator 0010 Nornl E. Feder, AICP Trl"apOr1lon Services 10113120045:50 PM Transport.tlol, Services A.dmin. Approved By Joseph K. Schmitt Community Dellel(,lpment & Environmental Serv1C8~ 10113120047:37 PM CommunIty Develop,"!!nt & Envlronmontal Servicea. Admlnstr..tor CommUnity OOvl!l<Jpmont & Environmental Sorvlce. Admin. Date Adminlatratlve A'lIlstant Date Approved By Par Lehnharcl County Manager's Office 10/141200.1 3:22 PM Office of Management & BUdget Senior Management/Budget AnJlJY.fI.t OQte Approved By SU8QO Usher County M.1nagor'1 Office 10/14120043:68 PM Office Of MilnaOêmo-nt & Budget Managem.nt & Budget Direttor Dlte Approved By Michiel Smykowski County Manager'. Office 1011512004 11: 09 AM Office of Management & Budget County Manager Date Approved By James V. Mudd Board ot' Coun1y CommìssíonerJt 10115/20041:42 PM County Manager's Offrce 10115120045:10 PM M'1-'''-- RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE ONE OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LA W AND ORDINANCES, AS AMENDED, THE SAME BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, THEREBY INCREASING THE ROAD IMPACT FEES BY AN AVERAGE OF 7.2 PERCENT PER LAND USE CATEGORY; THE PROPOSED RATES SPECIFIED IN REVISED SCHEDULE ONE OF APPENDIX A; PROVIDING ADELA YED EFFECTIVE DATE OF NOVEMBER 1,2004. WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superceding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Law and Ordinances (the Code); and WHEREAS, on October 8, 2002, the Board of County Commissioners adopted Resolution No. 2002-423, thereby amending Schedule One of Appendix A of Chapter 74 of the Code, as amended, the same being the Collier County Consolidated Impact Fee Ordinance; thereby increasing the Road Impact Fee rates in two phases; and WHEREAS, on December 3. 2002, the Board of County Commissioners adopted Ordinance No. 2002-66 to provide for annual mid-cycle indexing adjustments to Road Impact Fees based upon methodology utilizing percentage changes in Just Values of real property as determined from data compiled by the Collier County Property Appraiser and the price trends index prepared by the Florida Department of Transportation' s Office of Planning; and WHEREAS, Collier County uses impact fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated by growth in Collíer County; and WHEREAS, this application of indexing adjustments provides for an average of a 7.2 percent increase in the Road Impact Fees; and WHEREAS, the above recommended rate jncrease establishes these rates at the maximum levels allowed in accordance with equity tests established and existing pursuant to Florida Jaw; and Pa¡e 1 of 2 - .------ --._~""'"'--- Agenda Item No. 8E October 26.2004 Page 4 of 10 -._.-.-._~.. WHEREAS, staff has thoroughly reviewed the caJcuiations and findings and staff concurs with the recommended increase to the ROad Impact Fee rate schedule, and staff recommends that the Board of County COmmissioners adopt this Resolution to impiement these recommended changes; and WHEREAS, the Board of County Commissioners accepts the recommendations from staff. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTy COMMIsSIONERS OF COLLIER COUN'IY, FLORIDA. that: The Board of County Commissioners hereby declares, after advertised public hearing. that the Road Impact Fee rates set forth in the revised Schedule One of Appendix A of Ordinance No. 2001-13, as amended, the Collier County Consolidated Impact Foe Ordinance, the same being Schedule One of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, attached hereto. and incorporated by reference herein as Exhibit "A," are fair and reasonable and are to be assessed to those who receive or wilJ receive benefits from transPOrtation-related public facilities, which is necessitated by increased population and related growth driven development. BE IT FURTHER RESOLVED that these revised Road Impact Fees will take effect as of Monday, November 1, 2004. This Resolution is adopted after motion; second and IJUùority vote favOring adoption this day of October, 2004. ATI'EST Dwight E. Brock, Clerk BOARD OF COUNTY COMMIsSIONERS COILlER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, Chairman lIS 10 form uffi . JatzJcow. County Attorney .- Pap2of2 -"--'-~~'"'--'-'-" Agenda Item No. 8E October 26,2004 Page 5 of 10 APPENDIX A SCHEDULE ONE: ROAD IMPACf FEE RATE SCHEDULE ResIdential Single Family Detached House Less than 1,500 Sq. Ft~ (Annual Household Income ~ Poverty Level) Less than 1.500 Sq. Ft. (Annual Household Income ~ 50% of Collier County Median Annual Household Incomel Less than 1,500 Sq. Ft. 1,500 to 2,499 Sq. Ft. 2,500 Sq. Ft. or larger Multi-Family (1-2 Stories) Multi-Family (3-9 Stories) Multi-Family (Above 10 Stories Assisted living Facility (ALP) Condominiumtrownhouse Mobile Home Retirement Community High-Rise Condominium Lodl!ine Hotel Motel Resort Hotel RV Park Recreation Golf Course Movie Theaters Marina IDStituüonal Hospital Nursing Home Church Elementary School ___.__h__",.,"._hH,"._n_.__m__'" . Rate $1,977.00lDweUing Unit $3,471.00IDwelling Unit $4,489,OO/Dwelling Unit $5,985.00lDwelling Unit $7,062.00/Dwelling Unit $4,437.001 Dwelling Unit $4,464.001 Dwelling Unit $2,828.001 Dwelling Unit $653.001 Dwelling Unit $3,731.001 Dwelling Unit $2,604.00/ Dwelling Unit $2,509.001 Dwelling Unit $2,662.00lDwellingUnit $4,334.00 Pcr Room $2,209.00 Pcr Room $3,814,00 Per Room $2,626,00/ Dwelling Unit $386,046,00/18 Holes $26,495.00 Per Screen $2,123,001 Boat Berth $9.268,00/1000 Sq, Ft. $849.00 Per Bed $5,401.00/1000 Sq. Ft. $526,00 Per Student ...._....._.._..__.....mm... Agenda Item No. BE October 26, 2004 Page 6 of 10 "'..--.- --"'..----. ...,,-......--.........--.-.--..-.-.. .--.-"-.".'"..-"..,....,........--,. APPENDIX A SCHEDULE ONE: ROAD IMPACT FEE RATE SCHEDULE (CONTINUED) Institutional (Continued} Middle School High School JrJCommunity College University Day Care Office - Office 50,oooSq FI or less Office 50,OOl-lOO,OOOSq Ft or less Office l00,OOl-20(MOOSq Ft or less Office 200,00 1400,OOOSq Ft or less Office Greater than 4OO,OOOSq FI Medical Office Retail ---- Specialty Retail Retail 50,OOOSq Ft or less Retail 5O,OOI.100,OOOSq Ft RetaillOO,OOl-l50,OOOSq Ft Retail 150,00 1-200,OOOSq Ft Retail 2OO,001400,OOOSq Ft Retail 400,00 1-600,OOOSq Ft Retail 6OO,001-1,OOO,OOOSq Ft Retail greater than 1,OOO,OOOSq Ft Phannacy/Drug Store wtDrive- Thru Home Improvement Superstore Restaurant: High Turnover Restaurant: Low Turnover Restaurant: Drive-in Gasoline/Service Station Supennarlœt Quick Lube Convenience Store Convenience Store w/Gas Pumps Convenience StorelGasIFast Food $794,00 Per Student $1,038.00 Per Student $942.00 Per Student $1,456,00 Per Student $579,00 Per Student $9,729.00/1000 Sq. FI. $8,284.001 1000 Sq, Ft. $7,053.00/1000 Sq, Ft $6,006.00/1000 Sq, FI. $5,467.00/1000 Sq. Ft. $17,947.001 1000 Sq. FI. $15,200.00/ 1000 Sq. Ft. $8,565.00/ 1000 Sq, Ft. $9,681.00/ 1000 Sq. Ft $9,827.00/ 1000 Sq. Ft. $10,100.00/1000 Sq. Ft. $11,233.00/1000 Sq. Ft. $11,784.00/1000 Sq. Ft. $12,330.00/1000 Sq. Ft. $12,490.00/1000 Sq, Ft. $9,053.00/1000 Sq, Ft. $10,748.00/1000 Sq. Ft. $26.596.00/1000 Sq, Ft. $23,291.00/1000 Sq. FI. $54,273.00/1000 Sq. Ft. $6,219.00 Per Fuel Position $11,144.00/1000 Sq. FI. $11,396.00 Per Bay $30,798.00/ 1000 Sq. FI. $18,323.00 Per Fuel Posn. $21,987,00/1000 Sq, FI. Agenda Item NO'. BE October 26, 2004 Page 7 of 1 0 ...._, --.....-....--.,...-...--....- APPENDIX A Agenda Item No. 8E October 26, 2004 Page 8 of 10 SCHEDULE ONE: ROAD IMPACT FEE RATE SCHEDULE (CONTINUED) Serviees Auto RepairlBody Sbop Tire Store NewlUsed Auto Sales Bank/Savings: Walk·in Bank/Savings: Drive-in Car Wash Industrial and Al!l'icuitural General Industrial Business Park (Flex-space) Mini· W arebouse .......~__"._m.__"·__.._.._ $11.088.0011000 Sq. Ft, $8.150.00 Per Bay $19,948,00/1000 Sq, Ft. $16,821.0011000 Sq. Ft. $28,199.00/1000 Sq. Ft. $25,060.00 Per Bay $5,600,0011000 Sq. Ft. $10,820.00/1000 Sq. Ft. $1,399.0011000 Sq. Ft. W",,"o OOOT"" .0_ ON 0 2: c,; C') EN() ()....01 -()(\ -..00... roo "O- cr..> ()O 0) ~ C) z >< w C ~ ~tI) <cW WW )-LL. 'f- eu =æ<c ..,Ja. <c=ë ::1- ZC z<c <cO C~ W tI) o a. o ~ a. 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" ... ¡;¡ ,...: !§. Q; Ìj )( M .. i CL c a:: a. a. . .É w c ¡, ] III III I- .2- ,12 c ~.!! .. ií ...... i= ! j 0 ~~ . l- e¡ z 3J 3J !! ., !! !! ., Q) !! æ !I c '" C C Q) u..u.. '" ., '" 0 '" '" .. '" <;;¡ '" CL (!) 0- Cì; CL -' -' Q. CL III III E e e E e III III ,9- w e e 0 0 ~ 0 0 '" 0 u i= u u u 0 u (!)(!) - - ;0: :> :; Agenda Item No. 9A October 26,2004 Page 1 of 13 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COMMUNITY CHARACTER/SMART GROWTH ADVISORY COMMITTEE OBJECTIVE: To appoint 2 members to serve on the Community Character/Smart Growth Advisory Committee with the terms expiring on June 26,2005, CONSIDERATIONS: This 12 member, plus I Commissioner committee was established on June 26,2001 by Ordinance No. 2001-41 to assist staff with the implementation of the Community Character Plan through amendments to the Collier County's Growth Management Plan, Land Development Code and other smart growth concepts. The members shall be selected from a broad base of citizens and disciplines including 2 development representative or experts in the fields of architecture, landscape architecture, land use or transportation planning, 2 environmental representatives, 8 community leaders (civic, homeowner associations, presidents and directors with interest or expertise in the fields of architecture, landscape architecture, land use or transportation planning) or citizens. A list ofthe current membership is included in the backup. Resignations were received from Kathleen M. Garren and James 1. Lucas. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DlST ELECTOR ADV. COMM. .."..-.... Christopher Shucart Jose h D. Gammons Developer Business Owner [Ej~ None 3 Yes EAC COMMITTEE RECOMMENDATION: Christopher Shucart Joseph D. Gammons FISCAL IMPACT: NONE GROWTH MANAGEMENT IMP ACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: OCTOBER 26, 2004 - '..."^".."..,......-.."'".,.." Agenda Item No. 9A October 26, 2004 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary Meeting Date 9A Appointment of members to the Community Character/Smart Growth Advisory Committee. 10/26/20049:00:00 AM Prepared By Date Sue Filson Executive Manager to the BCC 10/11/20048:16:32 AM Board of County Commissioners BCC Office Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/13/200411:24 AM October 7, 2004 Ms. Sue Filson Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 SUBJECT: Community Character/Smart Growth Advisory Committee Dear Ms. Filson: At the October 6, 2004 Community Character/Smart Growth Advisory Committee meeting, the committee discussed the applications to fill the two current vacancies. The members unanimously voted to recommend to the BCC that the following two members be appointed to serve on our committee; therefore, please place the following applicants on the BCC agenda of October 26, 2004 for appointment by the Board. 1. Christopher Shucart - Developer 2. Joe Gammons - Business Owner Thank you for your assistance in this matter. Sincerely, ~~~L . Commissioner Tom He~ Board of County ComrisY;ners BCC Liaison to CCSGAC TH:mst Agenda Item No. 9A October 26,2004 Page 4 of 13 ".'-- Smart Growth Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe..appt 2ndExpDate 2nd Term Ms. Kathleen M. G8ITeD ~s.~1 649-1500 07f27/04 06126/05 1 Year 9404 Autumn Haze Drive 10......01 592--3462 Naples, FL 34109 E-Mail: kgarren@access-bank.com District: 2 Category: Banking! AccountinglBudgeting Ms. Celia. M. FeUows 594-2021 07/27/04 06/26105 I Year 1131 17th Street, S. W. 304-2118 Naples, FL 341 t 7 E-Mail: cf@humistonandmoore.com District: 5 Category: Office Mangemeotl Accounting Mr. Joseph S. Boggs 947-0266 07/27/04 06f26/OS 1 Year 2421 23rd Street, S.W. 455-4473 Naples. FL 34117 E-Mail: jboggssurv@aol.com District: 5 Category: EngineerlSurveyor Mr. Robert P. Murray 01114/03 06/26/03 6mo 9087-1 Michael Circle 417~9915 04/13/04 06f26/05 1 Year Naples, FL 34113 E-Mail: District: 1 Category: Economic Development/Civic Activist Mr. Michael Boyd 643-4t404 09/28104 06/26/05 1 Year 5340 Tamarind Ridge Drive 353-1823 Naples, FL 34119 E-Mail: mboyd@signsandthings.com District: 3 Category: Citizen ,.--. Thur.sday, Søptenfbø JO, 1(}()4 Page 1 of 4 Agenda Item No. 9A October 26, 2004 Page 5 of 13 Smart Growth Advisory Committee Ntufte Work Phone Appt'd Exp. Date Term HOIIIi! PIrone DoteRe-6ppt 2"dExpDtlle 2nd Term Mr. Bradley Cornen 643-7822 OSf1.7/03 06J26104 I Year 556 ¡09th Avenue, North 592-7805 04/13/04 06f1.6IOS Naples, FL 34108 E-Mail: millercomelJ@mindspring.com Di.~trict: 2 Category: Environmentalist ~ . ~ ~ ,~f' .If) Mr. James [. Lucas {V 1.11 09/11101 06126103 2 Years 2671 Citrus Lake Drive, #201 591..e850 04113104 06f261OS 1 Year Naples, FL 34109 E-Mail: District: 3 Category: Community Leadership Mr. Mark B. Morton 403-6725 09/11/01 06/26/03 2 Years 2233 Clipper Way 643-7781 04/13/04 06/26105 I Year Naples, FL 34104 E-Mail: District: 4 Cøtegory: Development Representative Mr. Dwight E. Richardson 725 101st Avenue, N. Naples, FL 34108 E-Mail: District: 2 Category: Civic Activist 01/14/03 594-5341 04/13/04 06/26103 06/26105 6mos 1 Year Ms. Patricia Pochopin 4516 Parrot Avenue Naples, FL 34104 E-Mail: District: 3 Category: Community Leadership 774-8333 09/1 1101 643-7580 04/13/04 06/26/03 06/26/05 2 Years I Year Thursday, september JO, 201U Pag~2of4 Agenda Item No. 9A October 26, 2004 Page 6 of 13 Smart Growth Advisory Committee Name Work Phone Appt'd Exp. Dote Tnm Home Phone DoteRe--øppt 2ndExpDøle 2nd Tenn Mr. G. Russell Weyer 598-2733 10/28103 06126104 8 months 707 Orchid Drive 213-0081 04113/04 06/26/05 Naple~ FL 34102 E-Mail: District: 4 CaJegory: Developer Mr. Brent Moore 649-4040 05/11104 06126/05 1 Year 900 Hidden Terrace Road 261-5834 Naples, FL 34104 E-Mail: District: 4 Category: Urban Planner Mr. Tom Henning 774-8393 09/1110 I 06/26/03 2 Years 3301 E. Tamiami Trail 04/ t 3/04 06/26/05 1 Year Nap~ FL 34112 E-Mail: Distl'ict: 3 Category: Commissioner ,.-. . Thunday, søpt,mbør jO, 20f).l Pøge j of 4 Agenda Item No. 9A October 26,2004 Page 7 of 1 3 Smart Growth Advisory Committee Name Work Phone Appt'd Exp. Dale Term Horne Phone DaleRe-appt 2ndExpDate 2nd Term This 12 member. plus 1 Commi88ioner commitl8e was estIIIbII8hed on June 26, 2001 by Orœn.,œ No. 2001-"'1 to 8I8i8t 8t8ff with the implem...~ rA the Community Ch8racter Plan through arnendmerå to the Collier Coooty's Growth Management Plan. Land Development Code and 0Iher snart growth C:OUC8Pm. The members shall be IB..ctød from a broad base rA citizens and di8ciplines including 2 development repI BI. IbaIti~e or experts in the fields of architecture, landøœpe arc:hitecbn. land uee or b'aI~ Wioo pØming, 2 environmental reprtIIl !fita1lves. 8 community Ieeders (civic, homecMner fit oáation8, presidelds and dÑectors with inI.er8It or expertise in the fields of a.ch.1ecture. ....decape architecture, land uae or lnI~tation planning) or citizens. On .u13104 the acc adopted Resolution No. 2004-101 extending the tsrm of membership of the commlt1ee for one yew to expire on June 26, 2005. FL STAT '--1 SÙlff: Stan utsinger, ComJRhensive Planning Matager: 403-2408 1'hundaF, Septembu JO, 20fU Page 4 of4 MEMORANDUM Agenda Item No. 9A October 26, 2004 Page 8 of 13 DATE: October 4,2004 FROM: Elections Office Sue Filson, Executive Manage~./ Board of County Commissio~-1 TO: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuaJs for appointment to one of the county's advisory connnittees. 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. SMART GROWfH ADVISORY COMMITTEE l(l~ ..(A:rf\~es C~ ._ ~.o '~opher Shucart .AÞ 1)<: W I .1614 Tamiami Trail North. Suite 611 tr ~~qV Naples,-FL 3~ 3270 1'11'.- ,en- [)('loJ'" 't:f-3 ;; -' ";3 "'P 0"1 Joseph þ: ~n,6-.dns 185 Skipþ~ S~pe Lane Naples,"~ fJl~9 , l ÇOMMISSION DISTRICT ~ y' C 0 DTsf-?:J > .. , , ("~j [ :-~ ..._~ , '..J "'; Thank you for your help. RECEIVED (1 r" ". 0 ) 20a4 80ard of ['ÜUi1!.1 ~,()ml!l' ~, . '." loner:; 'r' MEMORANDUM Agenda Item No. 9A October 26, 2004 Page 9 of 13 DATE: October 4,2004 TO: Sam Tucker, Executive Aide to BeC FROM: Sue Filson, Executive Manager--Ð.J . Board of County Commissio:J /1 RE: Smart Growth Advisory Committee As you know, we currently have vacancies on the above-referenced advisory cormnittee. 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 fur your review as follows: Christopher Shucart 2614 Tamiami Trail North, Suite 615 Naples, FL 34103 Joseph D. Gammons 185 Skipping Shone Lane Naples, FL 34119 Please let me know, in writing, the recommendation for appointment of the advisory connnittee within the 41 day time-fÌ"ame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicaDD iD 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. 9A October 26, 2004 Page 10 of 13 ftlson_s _ From: advisoryboards@coIHergov.net Sent: Friday, October 01, 2004 10:36 AM To: filson_s Cc: RegulaJason Subject: New On-Une Advisory Board Application SubrTitted. ~~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-)602 ". . ~~þ' \' }' . f' . 'I . " - ,~" , .t, .. . Odober01,2004 Application for Advisory Committees I Boards Name: Chrllliopher Shucart Home Phone: 239-289-3143 Home Addrus: 2814 TamlBml TIBI North SuIte 615 CIty: Naplea Zip Code: 34103 e Fax NI8'IIber: 239-435-1068 ....... Phone: 239-289-3143 Em811 Address: ChrlsSQJCSDevelopmentLlC.com BoIIrd I ConvnItt_ Applied for: Community ChalBc:ter Development Smart Growth Committee c.tegory: (II applicable) No Information provided. Are you a reglstltAld vater In Coller County? Yes Do you currently hold public ofllce? No Do you now serve, or haw you serwd on a Collier County board or No committee? Please list your community activities: This would be my nrst Involvement with a community activity In Naples Education: Undergraduate Degree from Arizona Stete Unlvel'8lty with a Bec:helor of Science in COnalructlon - Cum Laude - Expeñence , Background: I have been In conatruction and development 8Inoe I waa 12 years old. I was with DeAngefia COnlltruction Construction for 1 year and then I went to work for my father and we al8 In Commercial Real Elliate Development. I have a copy of my resume avalllble in neadad. 10/1/2004 .. 09/29/2004 WED 9:57 FAX Agenda Item JJlQ2/003 October 26, 2004 Page 11 of 13 - Board of County Commissioners 3301 East Tam.lami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory CommitteeslBoards Name: \. z;, ~A1!' Some Phone: ..r.sY -Ø? .$- HomeAddress: IP..:>- t.flc'l'/,/~ .~ ~ -:-~"tP';S ZipCodc: c?-///t:f FuNo. JJ ?-~'() BasinessPhone: .J<1'-N..¡ 2- c-mailaddras¿'}~Mo.f'J'''. Jd't"rl't1l..¢,A.<. Business: tJI£~ .£'''H~ ~ Dr"ßI¿,.""J ¿A.HPT".I . Board or Committee AppJied for: L)Þ'f'~r ¿A~Jn.L Category (if ~pplicable): L",.y ?~..v Example: CO~4 Dblrlot, DaYaI.per, _..1.,....,.......1.7 penoa, .. Arc you a repstered voter in CoWer County: Yes Do yon currently hold public office? Yes If so. wat II that oftIce? ~ Do you DOW Hrve, or bave you ever .erved, 011 . Collier eoaaty ,*,rcI or eownmlrœe? Yell .,..- No ~ Jryel, pk!Ue list tbe eommltteellboArda: ,¿;"'..-..- J.../ ~-~ I ð--~" ~ No No V' Education; O~ ;11 ~-n-'INf." ~.lA7'Jt;d' - ¿CIÑ~ ,)~ /IAIl~ '1)' Experience: ~.oQr" A~HNð .' e··--· 1'1_ _CA .lrFuJhlonid IIff_cl_ytHI/Mpødll- r/ü øpp/iaIIø.;J.o.u ~føn-nlliirø S- FII-. ~ /tI~ ",Ill. J~ #lfQ1UfIJ1 ONuIløltÞlWl7o 110J Bøt 7.",1#1.' TnIiI. NMpIøs, FL 14112. JfJltlM ....pI«I#føYl'fII' qp/iadltnt tø (Z19)71U60~ (þf' _øll r,. SIIm/IIt1~Ur~rKt. TJ..",kyr>llfi»' wH~rI"If III..,., dI~~". øfCøi/J~r OmIllJ'. 09/29/2004 WED 9:57 FAX , Agenda Item tiJ.(ijÄ/003 October 26, 2004 Page 12 of 13 e· Joseph D. Gammons 185 Skippjng Stone Lane Naples, FL 34119 Tel: 239-354-0075 EXPERIENCE OMce Fumltare & Design CODcepts Owner - 2003 to Present Multi-mil1ion dollar Stee1case and OFUSA office furniture dealership serving Lee; Collier. Henry, Glades and Charlotte counties. Michigan Departmcnt of State SecretarY of State Terri Lynn. Land Director of External Relatio1U - 2003 Headed thc Department ofExtemal At1'airs, Department ofOovenunental Affairs and Ðcpartment of Communications. Coordinated the operations for Michigan's Secretary of State, including the direction of her overall political career as well as the direction of her politically appointed staff. Worked daily on solutions that would benefit the citizens of the State of Michigan. "--e Kent County RepubUcan Committee &ecutive Director - 1999 to 2003 Lead the 3n1 strongest county Republican organization in the United States, implementing a budget of $500.000 to elect Republicans in Grand Rapids and West Micl1igan as a whole. Coordinated campaigns for elected officials ftom Township 1'tustee to President of the United States. Organized a Republican Presidential Primary Debate at Calvin College, sponsored by the Kent GOP. Consistently elected Republicans in two cousecutive election cycles includiag Michigan's top Republican elected official, Secretary of State Terri Lynn Land. United State CODgresS . Congressman Dave Camp - 41h Consressional District. Mic.higan District Director - 1998 to 1999 Michigan State Senate Senator Walter H. North - 37th District District Representative I Deputy Director of Constituent Relations EDUCATION Michigan State University Bachelor of Arts in Political Science - May 1997 -- . Hnlsdalc College August 1993 to May 1995 .. .. . ... ... - ~ ~ ""--»~-"'-'----'-'-' Agenda Item No. 9A October 26, 2004 Page 13 of 13 filson_s From: Sent: To: tuckersam Friday, October 01,2004 4:38 PM filson_s Subject: FW: CCSGC FYI ----Original Message----- From: Kathy Garren [mailtD:kgarrenCÞcbnaples.oom] Sent: Tuesday, September 28,200411:20 AM To: tuckersam Subject: Re: CCSGC FYI Sam- No matter how hard I try, I cannot fit this comrrittee into my schedule. When I first subrritted my application, I was under the impression that the comnittee met once a month for about an hour. I cannot meet every other week for two and a half to three hours. It is is physical impossibiity. In addition, I do not feel my level of knowledge is up to what the committee could use. I hate to occupy a space where a more appropriate person could give more value to the comnittee. I know very litUe about the codes. Again, I should have done deeper research on the committee prior to submitting the appJlication, Could you please tell me who I need to contact to withdraw from seat from the committee, Kathy 10/1/2004 Agenda Item No. 98 October 26, 2004 Page 1 of 19 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE CODE ENFORCEMENT BOARD OBJECTIVE: To appoint I member to fulfill the remainder of a vacant term as an Alternate member on the Code Enforcement Board. The term will expire on February 14,2006. CONSIDERATIONS: This 7 member board, plus 2 alternate members, is composed of, but not limited to, individuals representing the occupations of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part, on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. A list of the current membership is included in the backup. We currently have I vacancy representing an AL TERNA TE member. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DlST ELECTOR ADV. COMM. Richard Kraenbring Ardavan Moaveni Construction Business Professional E~ None 3 ~ None COMMITTEE RECOMMENDATION: Quasi Judicial- no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMP ACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint I 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: OCTOBER 26, 2004 - ,- Agenda Item No. 98 October 26,2004 Page 2 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 98 Meeting Date Appointment of member to the Code Enforcement Board 10/26/2004900:00 AM Prepared By Date Sue Filson Executive Manager to the BCC 10115/2004 11:58:50 AM Board of County Commissioners BCC Office Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager'S Office 1011312004 11 :41 AM '"-,..~-_..,--"--~_.- Agenda Item No. 98 October 26, 2004 Page 3 of 19 (i) Memorandum RECE"\lEO O(.ì 'J 0:, 1~O~ _ r.,.('t,' .,.rtq\p';S10nerS 'òoard fjt ',(¡U" Date: Sue Filson, Executive Manager BCC Michelle Arnold, Code Enforcement Director ,fIl October 3, 2004 To: From: Subject: Code Enforcement Board I am in receipt of your memo dated September 14, 2004 in which you requested review of applications submitted by citizens interested in serving on the CEB. The resumes for the applicants listed below were reviewed and meet the Code Enforcement Board Ordinance No. 92-80, general classification requirements in the following categories: NAME CATEGORY Richard Kraenbring Construction Ardavan Moaveni Business Professional Should you require additional input please feel free to contact me at 403-2413. Code Enforcement Department Agenda Item No. 98 October 26,2004 Page 4 of 19 Collier County Code Enforcement Board - North Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Albert Doria, Jr. 403-3940 02111/03 02114106 3 Years '134 Pelly AV8RUe.:2S'~ 601.1...., (;.d~~ 774-5211 10/28/03 02114/05 2 Years udrv Naples, FL ~ 3'1//7 E-Mail: District: I Category: REGULAR - Business-Insurance Mr. Raymond J. Bowie 435-1007 10/28/03 02/14/04 4 months 2175 Sheepshead Drive 775-0010 04/27/04 02/14/06 2 Years Naples, FL 34102 E-Mail: RealtyCounsel@earthlink.net District: 4 Category: REGULAR - Attorney - Real Estate Declared Vacant 02/14/06 Naples, FL E-Mail: District: Category:ALTERNATE- Ms. Sheri Barnett 591-2149 09110/02 02114/05 3 Years 1160 27th Street, S.W. 455-4296 Naples, FL 34117 E-Mail: District: 5 Category: REGULAR - Financial Planning Mr. Clifford Wesley Flegal, Jr. 774-5966 06/03/97 02114/00 8 months 237 Memory Lane, #4 774-5966 01/13/04 02114/07 3 Years Naples, FL 34112 E-Mail: sflegall@worldnet.att.net District: 1 Category: REGULARlRealtor Thursday, Ju~v 22, 2004 Page J of 3 Agenda Item No. 98 October 26, 2004 Page 5 of 19 Comer County Code Enforcement Board - North Name Work phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Roberta Dusek. 774-2428 07/28198 02114101 3 Years 963 Fountain Run 261-1111 01113/04 02114107 3 Years Naples, FL 34119 E-Mail: District: 3 Category: REGULAR - Reahor Mr. Gerald J. Lefebvre 659-2449 04/28/02 02/14/03 1 Year 4401 Beechwood Lake Drive 775-8604 02111103 02/14/06 3 Years Naples, FL 34112 E-Mail: District: 1 Category: REGULAR - Real Estate/Zoning Mr. George P. Ponte 02118/97 021\4/00 3 Years 565 Augusta Boulevard, Apt. 10 793-1370 02/11103 02/14/06 3 Years Naples, FL 34113 E-Mail: District: 1 Category: REGULAR - Retired CBS Employee Mr. Nicholas P. Hemes 262-6276 06/22/04 02/14/07 3 Years 6017 Pine Ridge Road, Suite 123 293-7235 Naples, FL 34119 E-Mail: District: 2 Category: AL TERNA TE-Business Pøge2of3 --- Thursday. July 22, 2004 Agenda Item No. 98 October 26, 2004 Page 6 of 19 Collier County Code Enforcement Board - North Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDoie 2nd Term This 7 member board was created plnIB1t to Chapter 162 of the FL S18l by Ordinance 88-89 and is composed of, but not limited to, individ.... representing the occupations of architect, businessman, engineer, general contractor, su&or.b.Jor and Realtor and are considered, in part, on the basis of experience or interest in the .... of the codes IßI ordinances to be enforced. Members are required to file a Form 1 Statement d Financial Interest each year with the Supervisor of Elections. Terms are 3 years. This is a Quasi Judicial Board. Two alternate members were approved by Ord. 96-78 on 1213/96. FL STAT 162 Staff: Michelle Arnold, Code Enforoement Director:: 403-2413 ThurslÚl:y. July 22. 2004 Page.3 01 J Agenda Item No. 98 October 26,2004 Page 7 of 19 MEMORANDUM DATE: September 14, 2004 RECE\\E.O SEP , ú 200~ ~ ùpt~ Comm,ssioners Mard ot 0 . TO: Elections Office ~ Sue Filson, Executive Manage . Board of County Commission FROM: 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. CODE ENFORCEMENT BOARD COMMISSION DISTRICf Richard K.raenbring 1995 Tarpon Bay Drive Naples. FL 34119 feS 3 Ardavan Moaveni 4251 Gulfshore Boulevard, N., #5A Naples. FL 34103 j~~ ? Thank you for your help. · .. - .·_u u.__. . ",- MEMORANDUM Agenda Item No. 98 October 26, 2004 Page 8 of 19 DATE: September 14,2004 TO: Michelle Arnold, Code Enfu:CiJement irector Sue Filson, Executive Manager . Board of County Commission I FROM: RE: Code Enforcement Board As you know, we currently bave 1 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: Richard Kraenbring 1995 Tarpon Bay Drive Naples, FL 34119 Ardavan Moaveni 4251 Gu..I:fShore Boulevard, N., #5A Naples, FL 34103 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-fiame, 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 WCI PROPERTY '/GMT. Fax:239-S96-S046 Sep 10 2004 16:29 P,Ol Agenda Item No. 9B October 26, 2004 Page 9 of 19 9.10.04 RECE,"EO SEP t ~ 2004 Dear Ms. Filson, BoarÓ of Count) Comœiss1oners Here is my application for the Building Code Advisory Board. I have recently moved into the area and want to participate in community service. I have extensive experience in construction, consultation and building inspection. Here is my curriculum vitae for your review. Thank You, (VW~ Richara aenbring WCI PROPERTY MGMT. Fax:239-596-5046 Sep 10 2004 16:30 P.02 Agenda Item No.JI~ 4:14 PM October 26, 2Ö'Ö4w~ Page 10 of 19 Advisor)' BOII1'd' Applil:ltioll . Print Pale -- ~.,. Board of County Commissioners S3D1 ...t-t....l.ml Trail Nap.. PL 11112 TII: (23.) 77...a102 F..: (231) 77~'02 f(tþl ..' . ,. ,. · ~.. . .¡ i "\I'IIU IIMCI to.." 8A)'1CIdIIonIII WOIINIIIon hi Þ'OU fell pwIiIInt, __ do 10 Þf pMtInQ I1is 119. You ftIIId filii IOIWInII hint 00(If artalpbllan *'II wtIh yauf .......'nfoImIIian. tø: · 1ueF*an. ~ MInIgIr.'" ~gfCOUllly~ · IJ01 bit TII!IIIIIII TrIIII · ~iI'l.1411a Vall IIIIIr *' -,our.,plclltiCn III _)77~ Nlme: (Richard ~~enbring I Home ""_I f 239-298-821~J ~ AtldrtM: 11_ Tarpon Bay Drive ¡ C:IC1I! INaplea] Zip COlli: ~ F. NumW: [No Information proVided. j lluliII_ "1IOIIf: ! No Infcnmltlon pravlátd. I ¡ J ,.. " ('W(),,\ ,#f EIIIIIIAdd_1 I1<rHnbrlngOSwllarr.com Il6¿ ""J. 1\ CWß IkMrd/c:omrn.....AJpIi.. 11m biuldlng ¡..pection w COde ~mPIIanc:e] {ode ~~rrt' fÞ? ol';r( fu. w c:a""'IIr: (If~ I No !f!1'Orm8tion p!OVIdecI. , Are )'Ou I ",..1Itrwd voItr ,,, CDII"r COuIl\V? rxé~l Do "OIl Ollmllftty 11M! publlnt'llM" ¡ No Do)'Ou _.-. or 11II1II rw H.... an . eo... C:OIIII\' bMnI or OOIIIIIIIIIMt [BÐ ...... list """" _IIIUIIIty _1IwiIiM: ¡I recently moved Into town and want to contribute mY-exper1iM to commun~ NNlce.J _lIUIIItnl GIMlboro stat. College - 1077.1981· Accounting Drexel Univeralty. 1&81 ·10153. Construction Mana;emant NJ Department of Community Affaira . Construction Code Enforcem.nt CI...... 11i19O ·2001 BOCA National BuildIng lnapec¡con C.rtlft~on Program - Residential through commercial, Blaok Seal Boller Llcen.. . Redon Clat I Testing License - Peat Control ContrlctQra Ucense. . I .........., "u,1VIIIICI; 121 )ie.fa !!.!..bulI~ng,in.f24tctor, contractor .~d conttrUctl;,conlultant, r 0'?8" ~ Pi.,ggl I CION pr!]tWlnclowt IInp:llw_.oollillraov .ncllbo~advilOrybo.rdlprillt. cfm PIF I or wcr PROPERTY MGMT. Fax: 239-596-5046 Sep 10 2004 16:30 P.03 Agenda Item No. 98 October 26, 2004 CurricufJMt ¥ilfae 239,298.6215 - phone ~aenbJins 1995 Tarpon Bay Drive Urüt 102 Naples, Florida 34119 - 9008 Personal ProfiJ.£ Age~ 45 Martial Status: Married 21 years Children: One son in a local high school ;Professional E"perience 1988 _ 2004 Kraenbring Inspection Service, Inc. Westmont, NJ Building Insp,ction I Consultations per£onn commercial and residential building inspeclions and consultations. These inspections involve a thorough evaluation of the roofing, heating, plumbin~ electrical, structural systems, site conditions, energy I weatherization detailing and maintenance require1nents. A detailed report is issued after each inspection. To date I have successfully performed over 7,500 inspections. COftStllt4tion I Estimating Provide consultation servicee to mwùåpalities, non-profit groups, banks and ptu~ ty owners. Services include estimating, scope Of work and specification write _ ups, constTuction progress inspediOI1SI ADA compliance inspections, dispute mediation and new construction insped:iOl18. 1988 -1998 Kraenbring Associates, Inc. Constmdion Provided restoration and remodeling construction semces specializing in dilapidated residential and commercial p~es, Our clients included business owners, non-profit community groups, municipalities, banks and homeowners. A full job resume and references are available upon request. 1982 _ 2002 Current and Previous Employers and Major Clients City of Camden Dept. of Housing Service8 Cam.den, NJ. Housing Authority of the City of Camden Camden. NJ· The Iøspector, Inc. Philadelphia, Pa. II'Vi.ioft Tec1\ao1OSi.. Norwood, Pa I McLean, Va. PSE&G New Jersey GeJteral Building løpectors, Inc. Paoli" Pa. Engineered Inspection SyøtemS Princeton Junction.. NJ provide these companies and concerns with residential a1'\d commeråa1 building inspections and construdion consultation services on a fun - time and sub-contract basis. Specialized services include; specifications preparati~ work write-ups, progreBB paf11\ent inspections, boiler inspections and maintenance specifications, security specifications, new construction weatherization inspections, existing building energy auditing inspections and construction problem resolution. Performed quality control reviews and editing of home inspection ~orts for a national relocation industry inspection service company. Provided tfie home office and our corporate clients with problem solving ana technical assistance. Pap t of 6 hCr PROÆRTY 1Ø1T. Fax:239-596-S046 Education Sep 10 2004 16:30 P.04 Agenda rtem No. 98 October 26. 2004 Page 12of19 1981-1983 Drexel University Evening College Construction Management 1977 -1981 Glassboro State College Ac~ountin8 and Firaance Philadelphia, P A Glassboro, NJ ProfessiQnaJ. Li~enses 2001 - 2002 New Jersey Licensed Radon Gas Testing Tecludcian 1990 - 2002 New JUBey LictmBed Residential Building Inspector.. License # 5117 1987..1999 BOCA National Building Inøpection Certification Program Tests Successfully completed the certifications tests in the following categories: 1987 1987 1987 / 1998 1998 Residential One and Two Family Dwelling Code Residential One and Two Family Plumbing Code General Mechanical ( Commercial / Industrial ) General Building ( Commercial / Indusb:ial ) 1997 - 2002 New Jeney Pest Contml Applicators License Core and Wood Destroying Insects - # 22065 B 1990 New Jersey Real Estate Sales License - Currently Dormant Professional M~JD.berships 1988 - 2004 American Sodety of Home Inspectors - Member #001984 Appointed to the National Education Committee for 2002 and 2003 SOUthern New Jersey Chapter - Current Vice President Southern New Jersey O\apter - Recording Secretary 1999 (Charter year.) 1999 National Assodation of Independent Fee Appraisers Burlington County Chapter 1998 -1999 Building Offidals Code Administratoœ International I BOCA Cooperating Member 1998 - 1999 Federation of Real Estate Appralsen . Member Commerdal Real Estate Inspector Designation Page 2 of , WC! PROPERTY MGMT. Fax:239-S96-5046 Sep 10 2004 16:30 P.OS Agenda ftern No. 9B October 26, 2004 Page 13 of 19 -\ \ ProfessionalE6ucation 1986 _ 1998 State of New Jersey Gloucester County College - Sewell, NJ Construction Code 'Enforcement Training These are college level state 8fonsored classes for the training of municipal building inspectors. The following topICS are covered in these courses: Oassification of Structures, Inspection Agencies, Plan review, Permit and Appeal Process, Structural Design, Materials, Fire Protection Design and Assemblies, Means of Egress, Code Enforcement Process, Energy Sub code, Inspection Techniques, Etc. 1986 Residential ( ReS) - 7 Credits - 90 hours 1987 Commercial I Industrial (ICS) - 6 Credits - 90 hours 1997 High Rise I High Hazard ( HHS ) - 4 Credits - 4.5 hours 1999 Real Estate Appraisal Education Real Estate Appraisal Report Writing - 30 hours Uniform Standards of Professional Appraisal Practices - ( USP AP ) - 15 hours 1988 Bla~ Seal Licensing Class - Low PreISute Steam Boilers Pennsauken Adult sChool Special Studies 1997 1997 1997 New Jersey Department of Environm.ental protection - DivlsioD of Pesticide Control Pesticide Control Business Regulation Review and Update Seminar Radon Gas Testing Technician and Spedalist Training Course Requit:ed two day course for radon gas testing technicians and specialists. Specialist designation in Pennsylvania. Technician designation in New Jersey. RiCA Elmsford, New York. New Jeney Department of Community Affairs State Sponsored Construction Code Seminars These are day long educational seminars presented by the State of New Jersey for licensed building inspector remain rorrent on changes to the various me~cal and building codes. Barrier Free Subcode -1998 ADA requirements for building construction. Mandatory update of the 1992 seminar. Non-Structural Plan Review - 2 Day Seminar Construction document review including building planning, fire protection considet"aöons and means of egress. Strud\Ual Steel Buildings Speciallnapec:tionl - Fasteners and Welding Inspections Evaluation of proper fastener and welded connecti.ons in structural steel buildings. structural Wood Fastener Code, design and inspection requirements for wood framing fasteners. SwillLllÛDg Pools and Spa InspeCtions Code, design and inspection requirements for pools, spas and related appliances. 2001 2001 1987 - 1999 1999 1999 Pale S of 6 WCI PRDÆRTY MGMT. Sep 10 2004 16:30 P.06 Agenda !tem No. 98 October 26, 2004 Building Code Update. 2 Days Page 14 of 19 Review of changes to the code and interpretations between the 1993 and 1996 code. Mechanical Code Update and Review Review of changes to the code and interpretations between the 1993 and 1996 code. In-Plant Building Inspections Code and administrative requirement for in-plant prefabricated housing inspections. Pirewalls and Separations Code, design and-inspection requirements for firewalls, separations and partitions. Fire Sprinkler Systems Code, design and inspection requirements for fire suppression systems. Gas Piping and on Piping Systems Code, design and inspection requirements for gas and oU piping and storage tanks. Structural Plan Review - 2 D.y. Technical issues and procedures for the review of structural building plans. Builc:Ung Code Update Review of changes to the code and interpretations between the 1990 and 1993 code . Mechanical Code Update and Review Review of changes to the code and interpretaöons between the 1990 and 1993 code. ADA and Barrier Fee Subcode ( Americms with Disabilitiel Act) Technical design standards and code enforcement authority. Fax:239-S96-S046 1996 .- 1996 1995 1995 1995 1994 1994 1993 1992 1992 2004 2003 2002 2001 1999 1998 ASHI International Educational Conference. Santa Fe, New Mexico ASID International Educational Conference - Orlando, Florida ASH! Intemational Educational Conference - New Orleans, Lomld..,a ASHI Intemational Educational Conference. Las Vegas, Nevada ASH! International Educational Conference - Orlando, Aorida Asm IDtemational Educational Conference - New Orleans, Louisiana Four da)' c::onference with nine seminars including commercial and residential roofing, heating, electrical, environmental and structural systems. ( ASH! - American Sodety of Home Inspectors) 1988 - 2002 ASHI· American Sodety of Home Iupedon - Trl State and Southern NJ Chapters Cummt Vice President. Recording secretary 1999 - Southern NJ Chapter. Regularly attend monthly society meetings where inspection industry and tec:hnic:al issues are discussed. Four day conference with nine seminars including commercial and residential roofin2. heaöng, electrical, environmental and structural systems. ( ASH! - American Society of Home Inspectors ) 1991 Radon Gas Testing Certification Program - Rutgers University - New Brunswick, NJ Two day seminar required to obtain a œrti£ication as a New Jersey State licensed radon t:écluùdans. 1989 State of New Jerøey. NJ Department of Community Aftain. Pennsauken, NJ Low Prenure Boiler Black Seal Trainmg . 30 hours Completed this training class for the operation of low pressure steam and hot water heating system boilers. Spt!&:!ÏaJ Pl'Q,jects · lnøpediOD and Consultation P.ge 4 of «; _._-~ '"."----- 2002 - 2003 1998 - 2000 1998 1997 1989 Sep 10 2004 16:30 P.07 Agenda rtem No. 98 October 26, 2004 Page 15 of 19 Instructor for the Required State of New Jersey Home Inspection Class 300 hour class that the new home inspectofS are required to complete to obtain a New Jersey home inspector license. I taugnt 4 modules of this course. WCI PROPERTY MGMT. Fax:239-S96-5046 Roof Replacement Specification Development and Construction Oveøight The Maple Shade ChUrch of Christ suffered with a leaking fiat roof for several years. Repair recommendations from some architects and contractors were priced at over $ 60,000. I developed a plan to properly prepare and resurface the roof for 1/2 of that cost. The Church retained me again to prepare, specify and oversee the replacement of the large step pitched roof. Armed Security Guard and Spedal Pollce Force Specification Development The Oty of Camden Housing Authority contracted me to prepare a specification for the development of an armed security guard force and special police force for their multi-family housing developments. Steam Boiler and Diltrlbution System 'Evaluation and Maintenance Specification Preparation The City of Camden Housing Authority contracted me to evaluate and the condition of all of the steam boilers and dist:ribution systems in their multi-family housing developments. Wrote specifications for the repair and continuing maintenance of the systems. Presenter. Residential Building Inspection Teclmiques and Procedures Seminar New Jersey Residential Energy Auditors Training Seminar ~ 2 Day Seminar - Cherry Hill, NT Selected Con8t1'U.dion Projeds -1988 throuch 1997 MoOftstown Community House - Main Street Moorestown, New Jersey Renovation of the main nallway and meeting room. Installation of the handicapped accessible rear entrance additio~ facade and site work. T1ûa was a lù~ profile project that broUght the main ðoor of the community house into compliance with the ADA . (Americans with Disabilities Act) Queen Street, Cape May, New Jeney - (National Historic Building) Designed and renovated a residence in the primary national historic district. The house was in a severe structural eondition. We lifted the house four feet oU of the srounc1 and ~ebuill; the foundation. The house was gutted, additions were constructed and the interior and exterior were completely refinished. All work was completed following the township's historic guidelines. 436 anel øo North Church Street - Moorestown, New Jersey Designed and renovated two 1,900 sq. ft. houses to save them from demolition. These were complete renovations and restorations of the structure, utilities, exterior and interior. These houses had been found to be structurally unsafe and condemned by the township engineer, building inspector and their independent architectural consultant. RoebUl'lg Inn . RoebUng, New Jel.'$ey . ( National Historic Buildmg ) Pap .!J of , WCI PROPERTY MGMT. Fax:239-S96-S046 Sep 10 2004 16:31 P.OB Agenda Hem No. 98 . . October 26, 2004 '. '. PaJ/e 16 of 19 Performed selective restoration of several components of the this histone Inn. Structural repair and stabilization of the roof structure, selective demolition, complete restoration of the existing folded. seam metal roof and restoration of the windows. Cedar Avenue Moorestown, New Jelley Designed and performed interior and exterior renovations. Including interior structural work.. new kitchen and bathrooms, new windows and siding, partial mechanical systems and interior finishes. 112 Melrose Avenue Weatmont, New Jersey Designed and completely gutted and renovated a 2,200 sq. ft. house. This included major structural ~air to the existing house and a two story up and over addition. nus house was renovated using the 203 k financing plan. HaddonfieJd . Berlin Road Cherry Hill, New Jersey Designed and completely renovated and restored a 150 year old house that had been vacant for several rears. This project included structuraI repairs, completely new mechanical systems, interior restoration, new bathrOOms; kitchen and family room aná exterior repairs. Marty's Shoes Route 70 - Cherry Hill, New Jersey . Gutted and renO\l'ated a commercial building for use as a shoe store. Included structural changes to the concrete block walls through painting and carpeting. Project was completed on time and under budget. Hinchman Avenue and Moore Lane, HaddonfieJd, NJ Frame, tri~ side, insulatl! and drywa11 two 3,800 sq.ft. houses Oaldawn Avenue Oaldyn, New Jersey Frame, trim, side, insulate, drywall and paint a 1,600 sq.ft. house. The Moore.town Visiting Nurses Al!llIodatioD and The Tender Adult Day CaN The Mooratown Community House, Moorestown, NJ Construct 15 new offices for 40 staff members. Framing through painting. Install two new kitchens. Office of Jeffrey Gold Esq. - Rt. 70 Cherry Hill, NJ Complete gutting and renovation of an office for Mr. Gold's law practice. Demolition to painting. Office of John Field, Esq. - Lees Avenue Colling.wood, NJ Complete gutting and renovation of an office for Mr. Field's law practice. Demolition to painting. 40' Pint Avenue Haddon Heights, New Jersey Full house renovation. Design and structural repair through painting. 401 Richey Avenue, 415 Richey Avenue and 616 MagiD Avenue CoWngawood, New Jersey Whole house renovation of two duplex apartment houses and a single family house. Design and structural repair through painting. 19 Cooper Street WMtmont, New Jersey 110 Union Street Mooreøto~ New Jersey 432 But MaIn Street Moorestown, New Jersey Bowllnl Green Avenue Mooreatown, New Jersey 118 East Park Avenue Merc:hantviIle, New Jersey Full house renovations. Design and structural repair through painting. Pap6of& FL MGMT 8. DEV CORP Fax:2392632733 Rug 26 2004 10:29 P.Ol Agenda Hem No. 9B October 26, 2004 Page 17 of 19 ,; ·e~ ~ .'- FLORIDA I'V1.ANAGEMENT AND DEVELOPMENT CORPORATION RECEIVED FAX:MEMO AUG 2 72004 80ard of County Com~issioners TO: Sue Filson Executive Muaaer to the Board of County CoU1D1issioDer8 FAX #: (239) 774-3602 FROM: Ardavan MORven! DATE: August 26, 2004 PAGES: 3 Inclumg Cover e Attamed is an AppJi~at1on for the Collier County Code Enforcement Board. Thank you. -- 3936 NORTH TAMWv11 TRAIL SUITE E. NAPLES. FLORIDA 34 03 TEL (239) 263-2324 FAX (239) 263-2733 FL MGMT & DEV CORP Fax:2392632733 Flug 26 2004 10:29 P.02 Agenda Item No. 98 October 26, 2004 Page 18 of 19 .- e Board of C01lD.ty Commissioners 3301 Rut TaabWxû Trail N....J FL 34IU (239) 774-1097 Fax: (239) 77....360% . I«~~~' I " I . 1 11 r Appücation for Advisory CommitteeslBoards Nam.: A~ÞlttlAAJ ,.,..oAVC,NI BomeP.oøe: l?4Cf g~6r.s Bome Add....: 4:l5 I ÓtvLFSHoR.,e:- BL.VD N. #-S-A Zip Code: :14rc>~ Fax No. ;}.." -; - :;l ~ -a 3 Buiness PhoDe: :z.tø s ~ :r. "3 :l..+ e-IURU add....: (VI 0 A v ~ Ä.ll @ Ao L... (..0 M Board or Committee AppBed for: '-ol.'-C 6'R '-"u 1'01"'"/ BUmesa: Fl..oA.\ OA mANp¡ ~el'W\çNT "\ Þ6"'e:U'plWl~"" <.oftPI;>RA~'ON Category (if applicable): ~Jc; CÅIII,,1oa DIIItri«,.DIIY....., eavtroe-.llllUlfolay '__,em <'0 Þ ~ Gt.)"\?O~C.GtI\E~' e.c p,..Rb - Ana yo. a reefstered voter tD CoWer Coaøty: V. Do yo~ CUlTeady hold pabUc oUice? Yes If'1O, w....t is Chat o_œT ..../ No '-e Do )'OU ..... -""e. or IIaft 10a ever aerwd, OD . con... Couay bod or CGIIlbØtbe? Y. U'YM,plcaellsttlle ~ No -....,/ No - Please &t your cOll1lDwdty aC!tiVtties (dv.Ic dabs. Dejpbo....ood USOcbrdo..... ete. aad po*1oas .eld: ~F N ....-PUS" ~ C. -" ~O~~... ""~1~~R. MA-'( 1A.OQO - rY\ A~ Ed_. 3" .. \ S "0<- To '\ ';"';: <.J N, V ~.., IT'; o~ "'''L\ F......IA :: ,",A .,-,,, ". ß AC 1-4..ï:;R 01=- PI A."T'S' - UfoJ U A..ç IT"" 0 c:..A ,,:.; tI,,,, I....PS AN Ot- LCSS e pr"..1ItIIiKI: ...fI'J......r;..z"".......Y«l.fHl,."... DR WI~II sllØIIU H~" s.. ..... B1tttJødhc II....... ill 'I1Ittt lJtNft qf~ C. ~... j,Ol .." TIlIIÚIIIi. TnIII, N... n JIII2. lfYfll...... /IIMM/itt1<,..,.".,.- ..~ '" (1J9)774-ðtíØ2 flf'HIIIil,. ---..... -.... 'l7wdt1Øll.Þ~ "'HINta« ~.loÞIkr ~ - _.~-".._._-^ ^----'-·___H" FL MOO 8. DEV CCRP Fax:2392632733 Fllg 26 2004 10:29 P.03 Agenda Ttem No. 98 October 26, 2004 Page 19 of 19 Ardavan Moaveoi _ 3936 TamiRmi Trail No.. Ste. E Professioual State Bar of Florida, December 1998 State Bar of CalifonUa, December 1997 Florida Real Eatate Lic:eDø, May 1999 NaJlles. FL 34103 (239) 263-2324 Education Uaiveraity of Califoru.la at Bastl:ngs, San Francisco, CA Juris Doctorate Degree, 1997 Membert Høstings Public Interest Law Foundation Member, Hastings Enviromnental Law Society Uøivcrsity of Cllliforuia at Los Aneolcs Bachelor of Arts. Economics and History, 1993 Graduated cum lauM I, I \ Employment Florida Manapment and Developmo.t Corporation. Free-President ' Active in management and development of real estate in SouthWest Florida May 1998 - Present . Law Offi~ of Peter L Balogh Associate Research and draft complaints, memoranda of points and authorities, motions and declarations in general civil pracnce_ December 1997 - May 1998 mternatiow Committee of Lawyers for Tibet Law Clerk Created immigtation and asylum project to help Tibetan refugees and a.sy1ees. Counseled Tibetan refugees on iromigration options. Summer 1996 JIastinp Civil Juatice Clinic:. Litigated landlord-tenant case and wage and hour case for indigent clients. January 1996 - May 1996 Su Francisco New Complaints Legal hsistmJI summarized federal and state court complaints for publication. October 1995· August 1996 AJnbrose~ Appelbe & }tyke, London, England Law Clerk Drafted affidavits for divorce cases in family law practicc. Wroœ Ilrtters to clients and roms. ·Researched issues for petsOnal injury, drunk driving. and divorce settlement cases. Accompaniod. clients to court and discussed cases with counsel at court. Summer 1995 e Civic City of Naples Code EnforceInent Board MAy 2000 - May 2003 EXECUTIVE SUMMARY Agenda Item No. 9C October 26, 2004 Page 1 of 12 APPOINTMENT OFMEMBER(S) TO THE HISTORICAL/ARCHAEOLOGICAL PRESERV A nON BOARD OBJECTIVE: To appoint 2 members to serve 3-year terms, expiring on October 1, 2007, on the Historical! Archaeological Preservation Board. CONSIDERATIONS: The Historic/Archaeological Preservation Board had 2 terms expire on October 1,2004. This 7-member board is vested with the power, authority, and jurisdiction to designate, regulate, and administer historical, and archaeological resources in Collier County, under the direct jurisdiction and control of the Board of County Commissioners. Members must comply with the financial disclosure laws of the State of Florida. Terms are 3 years. A list of the current membership is included in the backup. The terms for Diane M. Gonzalez and Joanne Marro Quinn expired on October 1, 2004. A press release was issued and resumes were received from the fol1owing 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Elizabeth M. Perdichizzj Citizen-At-Large Ardavan Moaveni Law (r-l=rëSl None ~~. None COMMITTEE RECOMMENDATION: Elizabeth M. Perdichizzi Ardavan Moaveni FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: OCTOBER 26, 2004 Agenda Item No. 9C October 26. 2004 Page 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 9C Meeting Date Appointment of members to the Historical/Archaeological Preservation Board. 10/26/20049:00:00 AM Prepared By Date Sue Filson Executive Manager to the BCC 10/15/200411 :58:50 AM Board of County Commissioners BCC Office Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 10/13/20042:07 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/14/20043:37 PM -....--.,- Agenda Item No. 9C October 26,2004 Page 3 of 12 MEMORANDUM eo"."",nity Developmeltl & E"vironmelttlll Senû;es J)hÜo" PItua"i", Søvices DepørtlltØltI - Olrreltl pt¡uuù", Sectiø" To: Sue Filson. Executive Manager Board of County Comrni!\!~ners From: Raymond V. Bellows, Manager Department of Zoning & Land Development Review Date: October 8, 2004 Subject: Historical and Archaeological Preservation Board Vacæv;y Please be advised that the Collier County Historic and Archaeological Preservation Board bas discussed the request ror consideration relative to the vacancies on the above referenced advisory committee. The Preservation Board has received resumes from Elizabeth Perdicbizzi and Ardavan Moaveni. Based on the Preservation Board's review of all the applicant's resumes. they have categorized the applicants as follows: . Elizabeth PerdicbizzÏ to fill the At-Large vacancy. . Ardavan Moaveni to fill the Law vacancy. If you have any questions concerning this matter, please do not hesitate to contact my office. RVBfrb cc: Joe Schmitt, Administrator Susan Murray, AlCP, Director Agenda Item No. 9C October 26, 2004 Page 4 of 12 Historical/Archaeological Preservation Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Diane M. Gonzalez ./ 649..Q088 09/01/92 10/01/95 3 Years 809 Walkerbilt Road, Suite 3 GH896 10/23/01 10101104 3 Years / Naples, FL 34110 E-Mail: District: 2 Category: Citizen-At-Largc Ms. Joanne Marro Quinn 03/24/98 10/01/98 7 mo. P.O. Box 8142 261-9488 10/23/01 10/01/04 3 Years /' Naple~ FL 34101 E-Mail: District: 4 Category: Citizcn-At-Large Mr. Adam Brooks 263-7768 10/14/03 10/01/06 3 Years 3121 Orange Grove Trl 282-5345 Naples, FL 34120 E-Mail: abbfla66@yahoo.com District: 5 Category: History Mr. Thomas W. Franchino 263-8357 07/31/01 1 % 1/02 I Year 183 Westwood Drive 10/08/02 10/01/05 3 Years Naples, FL 34110 E-Mail: District: 2 Oltegory: Real Estate/Land Development Mr. William J. Dempsey 649-4900 10/10/00 10/01/03 3 Years 1836 Harbor Lane 417-5883 10/14/03 10/01/06 3 Years Naples, FL 34104 E-Mail: wjdempsey@napleslaw.com District: 4 Category: Citizen-At-Large -- Wød_day, October 15, 201J.3 Page 10/2 .- Agenda Item No. 9C October 26, 2004 Page 5 of 12 Historical/Archaeological Preservation Board Nøme Work PIrone Appt'd Exp. Date Term HOIffI! Phone DateR~ 2,,4ExpDate 2nd Term ~r. VVü6anœJ. Tyson 09108198 10/01/00 2 Years 732 Hernando Drive 394-0800 10/14103 10101106 3 Years ~wreols~,FL 34145 E-Mail: marcobil@naples.net District: I Category: Landscape Architect ~r. John VV. Thompson 10/.5/96 10/01199 3 Years 576 Retreat Drive, Apt. 202 597-2289 03/1 1103 I 010 I/OS 3 Years Naples. FL 34110 E-Mail: District: 2 Category: Archaeology This 7 member committee was created by Ont. No. 91-70, and repealed and amended by LDC Div. 1.22.1 Oni. No. 91-102. This ø.d is veeled with the power. auIhoriIy. _ jwisdiction to designale. regulate, and edminisl8r hiekMicaI and 8I~ I88OUrC8S in Collier Coldy, under the diA'JCt jwi8riction and control d the Bcød œ County Commissioners. Membeulhip is composed of 7 members from the following caIegaI_ a hiMory; b. 8Ich8eoIagy; C. Re8I Estate, land development, or finance; d. .-chitIeCtLn; .. law or urban pI8nning; and, f. 2 positions wi" be filled by citizens at large. Terms are 3 years. FL STAT Stll/f: R8y BellowS, Principal Planner: 403-2400 WH1iesday, Odobe 15,2003 Pøge2of2 I I 1·'-' MEMORANDUM Agenda Item No. 9C October 26, 2004 Page 6 of 12 DATE: August 30, 2004 TO: Elections Office FROM: Sue Filson, Executive Manager~ Board of County Commission~ l' RE: Voter Registration - Advisory Board Appointments The Board of County Connnissioners will soon consider the following individuals for appointment to one of the county's advisory connnittees. 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. mSTORICAL/ARCHAEOLOGICAL PRES BOARD COMMISSION DISTRICT 1- Elizabeth M. Perdichizzi 1200 Butterfily Court Marco Island, FL 34145 its 7~S I c¡ Ardavan Moaveni 4251 Gulfshore Blvd., N. #5A Naples, FL 34103 Thank you for your help. RECEIVED SEP 0 2 200~ f.) ~~ '\ "\ ~ -.\'\ 0 ,~\ .\~,,-;(' '\:-':> 'ò-'..¿<0': " .' .\~","j. ~~" " ,\~Î., ~ ,~(\"'\. . .....s 'r\~ s¥-~\~~'Ò,;, :'\ \" Ó::. ('\.~ 'ò \,) . Board of County COm~jsSioners -.......-----......-- "''"-<~"..,..._''.,-~.,~--''"''~.,-. MEMORANDUM Agenda Item No. 9C October 26,2004 Page 7 of 12 DATE: August 30, 2004 TO: Ray Bellows, Principal Planner Sue Filson, Executive MaDag~ -J)f Board of County Commissio~ FROM: RE: Historica1l Archaeological Preservation Board As you know, we currently have 2 vacancies on the above-referenced advisory committee. A press release was issued requesting citizeDS interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Elizabeth M. Perdicbizzi 1200 Butterfily Court Marco Island, FL 34145 Ardavan Moaveni 4251 GuJfshore Blvd., N. #5A Naples, FL 34103 Please let me know, in writing, the reconnnendation 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. Uyou have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 9C October 26,2004 e 8 of 12 Application for Advisory CommitteeslBoards Name:_Elizabet. M. Perdiehizzj Home Phoae: (239) 394- 6717 Home Address:_1200 Butterfty Court, Mareo hind, FL Zip Code:_34145 Fn No._394-6917 (eaU tint, please) e-mail address:_betsyperd@naples.net Ba.siaess Phoae N/A Buine5s:_N/A Board or Committee Applied for: Histon: Preservatio. Board Category (if applicable): Euaple: eo........,. Distrkt, Developer. eaviro._a...itt, 18y peno.. etc. Are yoo a registered voter ia Collier County: Yes_X No Do you e.rrently hold public oftke? Yes No_X Ifso, what is diu otIIce! Do you .ow serve, or IIave yoII ever served, _ . Collier eo..ty board or com..iUee! Yell No _X If yes, please list the committeeslboards: Please list yoar eommooity utivities (eivie elabs, oeighborllood .ssoeiatiODS, ete. and positiou lIeld Positions held in the community: Marco Island Historical Society: Currently member of the board; President of Marco IsJand Historical Society. 2004/2003. 2000\1999; Vice President 200312002; Secretary 1995/1994. founding member and board member since 1994, Helping lead the drive to build a 3.3 million county museum on Marco IsJand. Southwest Florida Archaeology Society 200212001: Currently member of the board; President 200212001, Vice President 1998-2001,board member since 1997, member since 1995. Newcomen Club ofMareo Island, President 1993-92. As president. 1àcilitated (paul Kurtzman) in the founding of Marco Men's Club. 1992-91 Newcomers Club of Marco Island, Vice President, 1991. Board member 1992/1991. Bridge Chairman 1992/1991. Chamber of Commerce, Volunteer, 199012004 devoting four hours each week, summer and winter. Marco Island Chamber of Commerce Steering Committee, 1994. member Historic sub-committee for the "30th Annivenary": Planned among other things, the "Pioneer Family Memorabilia Day" event which drew over one thousand people to MackIe Park for the day. Agenda Item No. 9C October 26.2004 Marco Islaad Boy Scout Troop 234,1994-91: Page 9 of 12 Marco Island, Committee member, aduh leadership on two High Adventure trips to the Dry Tortugas and various camp outs, publicity and fund raisers. Visioa Plaaablg Advisory Committee, 1995 Cultural Amvities subcommittee of the Marco Island Collier County Sesquicenteanial Committee for Florida lSOth year of statehood, 1995 Sailiag Association Marco Islaad, 1995, Secretary "Quest For Peace" 1994, co-chairman. 1994 Marco Chapter of Collier County Historical Society, board member 1994-91 Lely High School Band Booster, active member 1989-87 Explorer Post 31, Vienna, VA, Assistant Post Advisor 1989-85 Greenbriar Flyer Newsletter, advertising staff 1985-84 Newblgton Community Newsletter, gardening col~ and fteelance writer 1970's President ofW.S.C.S., Wesley United Methodist Church 1965 Presideat Church Women United, Duncan, Oldahoma Leadershio Roles: 2004-2002 County Museum on Marco Island drive. Leadership role in securing County participation: designating property by Marco Island as a museum site, establishing contract with county to maintain and operate museum after construction, and obtaining $25,000 grant for architectural rendering and model. Working to establish the capital campaign drive to build the museum. 2004-2002 Otter Mound Property, Working with state, county and Bob Carr, AHC, to preserve the only shell mound in Collier County. 2004-2002 Established ''Old Marco Days Community Event," celebration honoring Marco Island's historical past. 2004-1994 Marco Island Historical Society: Editor and originator of the historical society newsletter, 1994 to present. Helped raise $30,000 for Museum Building "Build or Buy," 1999 to present with Key Marco Cat exhibit and personal performances. 2004-2002 Originator of Historical Column in newspaper, A columnist for the Marco Island Sun Times since its establishment, "Days Gone By," promote education, appreciation, and understanding of the unique history and heritage of the Marco Island Community, and its place in Southwest Florida, Collier County, history. 2004 _ 2003 Video Documentaries, worked with Bill Hughes, Hughes Video Productions, to produce "Living History Educational Series" of the pioneer aDd modern history of Marco Island, for the Marco Islaad Historical Society. 2004 _ 1998, area wide "Living History Performances, " the life of Tommie Camilla Barfield of Marco Island and Mn. Potter Palmer, Belle of Sarasota. "Florida Land Barons of the Gilded Age" wrote, produced and appeared in production for Old Marco Days and Edison Community College. 2001-1996 MmS Museum Chairman, established second muse~ Museum at Old Marco on the island The first museum, Key Marco Museum, was established at the Board of Realtors in 1996, under my leadership. 2001 _ 1999 Video Documentary to be produced with Mike Rothwell of OrJando, FL, "Conversations With Old Timer, Kappy Kirk," working title. 1999 Authored and published bistorical book, Tommie Barfield, Queen of Marco Island, with Katherine S. Kirk. Currently, working on two books: They Came to Marco Island, a pioneer history about the settlement of Marco Island, and WIVI, " the little radio station with the big reach, " editing and publishing the memoirs of Ray and Hazel Higdon, founders of the first commercial broadcast radio station in the Virgin Islands 1999 Smithsonian Institution, Wubington D.C. Coordinator: Obtained the Key Marco Cat for the Millennium Exhibit sponsored by Marco Island Historical Society, Marco IsJand Eagle Newspaper and the Citizens Community Bank. 1995 Key Marco Cat Exhibition at Collier County Museum, played and instrumental role in acquisition of the Smithsonian, and securing $60,000 me grant for its presentation. 1995 Helped Obtain Tourist Development Council Funding, 565,000, (with the co-operation of Collier County Museum and the help of historical society members), successfully secured loan of the Key Marco Cat ftom the Smithsonian Institution for the centennial celebration and it's first exhibit anywhere in Florida. 1995 Production of a Public Educational Television documentary of the "Key Marco Exposition", in conjunction with Collier County School Board and Hildegard Nickel ofMIHS. Awards Received: 2004 Golden QuiD Award, presented by Florida State Historical Society for promotion of Florida History. 2004 Duncan Class of 1953, Creation and production of "Duncan, America," fiftieth class reunion book. 1999 YMCA, CommuDity Leadenhip Award 1999 Citizen CommuDity Leadenhip Award, presented by Citizens Community Bank 1995 Proclamation, Collier County Commissionen As President, led the society in sponsoring 1995 Archaeological Dig on the Frank Hamilton Cushing site. Education: 1978-77 Masters Courses in Educational Psychology, George Mason University, Fairfax, VA 1974 Bachelor of Arts, Education, College of William and Mary, Williamsburg, VA 1956 Business and Accounting, Hills Business School, Oklahoma City, OK 1953-54 University Oldahoma, Norman, OK 1953 Duncan High School, Duncan, OK Agenda Item No. 9C :.c O~tober ~6, 2004 artuact tr~e~ of 12 Work EXDerienee 2004 - 1999, Caxambas Publishing Company: owner/director 1989-1983 Substitute Teacher, VA public schools 1983-1978 Teacher: Virginia Elementary Schools, public and private 1978-73, Substitute Teacher, V A public schools 1955-59, Halliburton Department store, Accounts Receivable, Payable. J11Ieue dad .., UM"".¡ hlf.""lII/tHI ~OII feel putÜlellt. Tills ~ 8II..u Ie þr/llHlrdft to S.e FIIMnt, EuCIItiPe M...,u ID tire BIHITd tlfCtHlllty CtHllIIIløúIIIUJ, 33(JJ E"" r_1aú 1'rtúJ, Nllplt!$, FL 34J 11. If~tIfI wid, ¡MaeftIX1-IIpfJIJc.tûlll to (139)774-3601 or -.IIID 1l1UfiJs~"".lItIt. 'l'IuuMYfM./ìtr ............ to __ III" citir- .¡c.o;.,c....y. .._~.._-,_._- -.,^- FL MGMT 8. DEV ŒRP Fax:2392632733 Aug 27 2004 15:15 AgenffaQJ¡ém No. 9C October 26, 2004 Page 11 of 12 Board of County Cf1m",.~'¡nD.ers 33Ul Eut 'l'aaaiaaJ. Tnit Naples. P'L 34112 (239) 174-'" Pax: <13') 77"'3~ .~~ ~~ Applieation for Advisory Committees/Boards N...e: A~DAvAN fr10Av6N/ HOUII.PlaOD.: (p+'l gr65" Home Address: 4-;).5/ &cJL'F~HoR. € gLvIJ /Ii 11 >-'9 Zip Code: '34-IQ3 Fu No. ðl.~~ -.;z.,.~3 Bal... Phoue: ;¡,,~- ~~;:1+ e-øudl adllrea: f\1.o~ VCI\ì\ @J "01-. ~fY) B1ISbaess: 'Ft,..O~IOA IY\ANA€tÕV\ENì -# D~'IIp\...of'é1'\6N\ c."~foRAT'ON Board or eoIBbÚttee Applied Ibn~\...~ 'r' 'A. 7JJ¡M'1. C;,t>~ ~1V' R.~~C... \ g~ 'S or/clIl re. aeÞ 451t'1l.' rt'J"rv "H.... /..:£0 C.tqewy (if appUcable): ~ c-....DiIarkt,Der.,..,~...t.Iay~... Are yo. . ~nd voter iu CoDier Couaty: Yes ~ No Do you curnady bold p.blk! ofJice? Y. IllIG, wllat is tÞt øftIeIet No '-/" Do yea __....., or u.e YOII ner Mn'ed, 01111 CoUier ~uty"""'''' caamittaer Yes Uya. pIaøe lilt die aauaitteeslbolmls: No V P1eaA list )'0111' eo"'UDÏtJ' aeti\rities (civic duba, aeiglaborfl.ood .~"'i.oJu, ete. aad pGRtiou lIe1d: ':::",'"îy ur NAPLF.. c..ot:lE' ~'f''ORc.tn\eÑÏ ~Oft"~ OJethB€R. :Ed.u.eatioD. ::r~R\$ »oC:::"ToRA-T£ - -.IN\'-lE;A.S\\'f OF <:.A'\..''t''0~N¡6 PIT HA5T,NGtS P,1\(..""'€\...oR Or P'lR.~5 - UNnJ'F.A.SI,,\'{ OF c...AU~oR.tJ¡A lÞÇ' ANð:E~S ExPen.acel r re-:e: RE='S\JM'êAI'Tf"Io('\4E"i'I) ,.,.. ~ IIlIV -"."... "'~""'M~þcl""'" nur..... ~ØIMM ~.,s..e l'flJrra, .f.:ra1diMM....", ,. tIœ"'" ttfOlt6ttO c,. ...... JJII ~ TMtIatI TId. NIIIIa, PI. $1112. V7M"'" ",.....fø~ ... - A'n.. ~fII'''''' -~~- A..""'" """',.'þ~,.,......__fI!fC"~ FL MGMT & DEV CCRP Fax:2392632733 Rug 27 2004 15: 15 Agen~Bq~m No. 9C October 26,2004 Page 12 of 12 Ardavau Moaveni 3936 Tamiami Trail No.. Ste. E N;wles, FL 34103 Professiowa.l State Bar of Florida, December 1998 State Bar of Callfonia, December 1997 li10rida Real F..afate Licea-. May 1999 EdQcatiOD UDivenfty of California at Bastiap, San Francisco, CA Juris Doctorate Degree, 1997 Membor. Hastings Public lnt.erest Law Foundation Member. Høsrings EnvironmoDtal Law Society u.µventty of Clltifomia at Los AapJes Bachelor of Arts, Economics and History. 1993 Gracluatcd cum /aude Ew.ploym.eut PIorida Maaagemeut ..d Development Co.-pontion nee-President Active in m&nageJnent and development of real estate in SouthWest Florida La". Omees of Pete.. L Balogh Msociate Research and dnIft complaiuts, memoranda of poiuts and authorities, motions and declarations in general civil practice. IDtemadoaaJ Committee of Lawyen fOr Tibet Law Clerk Created iDu:nigration and asylum projec:t to help Tibetan retùgecs and asyJ.ees. COUnseled Tibetan refugees on hnmigration options. D.astiup Civil Juatlee Cliuie. Litigated landlord-teJwrt Case and wage and hour case for indigent clients. SaIl Fru.dseo New CompWnts Legal.ÁUürant . Summarized federal and state court complaints for publication. Å.lQbrOse, Apþelbe &: Pykc, London. England Law Clerk Dra.fted affidavits for divorce cases in family law practice. Wrote letters to clien1s and finns. .Researched issues for persona! injury. drunk driving, and divorce sett.leaumt cases. Accompanied clients to court and discussed CéISC$ with counsel at court. Civic City of Naples Code Enfol'CCllnent Board (239) 263-2324 May 1998 - PresenT December 1997 - May 1998 S11II1UlCf 1996 January 1996 - May 1996 October 1995 . August 1996 Summer 1995 May 2000 - May 2003 EXECUTIVE SUMMARY Agenda Item No. 9D October 26,2004 Page 1 of 10 ,.....,,~... APPOINTMENT OF MEMBER{S) TO THE CONTRACTORS' LICENSINQBOARD OBJECTIVE: To appoint 1 member representing a "Consumer" to serve a 3-year term, expiring on June 30, 2007, to the Contractors' Licensing Board. CONSIDERATIONS: 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. . We currently have 1 vacancy representing a "Consumer". A press release was issued and resumes were received from the following interested citizen: APPLICANT CA TEGORY DlST ELECTOR ADV. COMM. 1:r:J~ None I Lee Horn I Consumer COMMITTEE RECOMMENDATION: Quasi-Judicial- no recommendation FISCAL IMP ACT: NONE GROWTH MANAGEMENT IMP ACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for appointment, appoint I 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: OCTOBER 26, 2004 Agenda Item No. 90 October 26, 2004 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 9D Meeting Date Appointment of member to the Contractors' Licensing Board. 10/26/2004900:00 AM Prepared By Date Sue Filson Executive Manager to the BCC 10/15/200411:58:50 AM Board of County Commissioners BCC Office Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/15/2004 2:04 PM "-..'--.- Agenda Item No. 90 fl. M 2004 COMMUNITY DEVELOPMENT &: Page --;; of 10 ENVIRONMENTAL SERVICES DIVISION BUILDING REVIEW &: PERMITTING 2800 N. Horseshoe Drive Naples, FL 34104 (239) 403-2401 fax: 213-2906 Il MEMORANDUM:lcf~' DATE: October 13, 2004 '!'{-.(' TO: Sue Filson, Executive Manager Board of ~tounty Commissioners FROM: Bill Hammond, Building Review and Permitting Director SUBJECT: Contractors' Licensing Board I have discussed the resume of Mr. Lee Horn with Paul Balzano, our Supervisor of Contractor Licensing. We see no apparent areas of concern and recommend Mr. Horn be forwarded as an applicant for the vacant position of the layperson from Collier County. B~ond .~ Cc; File Paul Balzano c ø L~ · .,. c o M " t 1 Agenda Item No. 90 October 26, 2004 Page 4 of 10 Contractors Licensing Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. VACANT 06/30/04 Naples, FL E-Mail: District: Category: Consumer Mr. Eric D. Guite' 403-9365 07/30/02 06/30105 3 Years ] 520 Nautilus Road 403-9365 Naples. FL 34102 E-Mail: District: 4 CaJegory: City of Naples - Specialty Contractor Mr. David L. Beswick 594-8044 09/10/03 06/30104 -1 Year 5541 Cove Circle 594-1299 06/08/04 06/30/07 3 Years Naples. FL 34119 E-Mail: dlbeswick@comcast.net District: 3 CaJegory: Consumer Mr. Michael Boyd 643-4404 09/21/04 06/30/07 3 Years 5340 Tamarind Ridge Drive 353-1823 Naples, FL 34119 E-Mail: mboyd@signsandthings.com District: 3 CaJegory: Specialty Contractor - Signs Mr. Sydney E. Blum 594-7880 07/29/03 06130/06 3 Years 237 Burning Tree Drive 261-1855 Naples. FL 34105 E-Mail: eescool@earthlink.net District: 4 Category: Specialty Trade ,--. Thursday, Septmtber 30, 2004 PageJo/3 -------,- Contractors Licensing Board Agenda Item No. 90 October 26, 2004 Page 5 of 10 Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt lndExpDate lnd Term Mr. Richard E. Joslin, Jr. 455-5000 06/11/96 595 13th Street, N.W. OS/27/03 Naples, FL 34120 E-Mail: District: 5 Category: Licensed Commercial PooVSpa Contr Mr. William T. Lewis P.O. Box 1228 Naples, FL 34106 E-Mail: District: 1 Category: General Contractor 430-1799 09/10/03 430-1799 Ms. Ann Lundblad Keller 37o-n37 09110/02 2107 21 st 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 514-1100 06/11/96 OS/28/02 Thursday, September 30, 1004 Page 2 of 3 06/30/97 06/30/06 1 Year 3 Years 06/30/06 3 Years 06/30/05 3 Years 06/30/99 06/30/05 3 Years 3 Years · Agenda Item No. 9D October 26,2004 Page 6 of 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 Ofd. No. 78-2, 85-42, 90-105, 92-61 to detømÏße the qualifications of applicants for the various categu,.. of the COhb-.tu.s· Certificates of Competency. They also hold hearings to determine if a certificate of competency of any contractor, master or journeyman should be revoked. A mininum of 2 members shall reside within the corporate city limils oA Naptes or shall be recommended to the BCC by the Naples City Council. FI Stat, See .uI9.131. sub 10 s&8I8s that 3 members must be CCII'ISLmer represenfatiyes. Membership IhouId be liceuSEd architect. IJcen.t general COIfb...or. licenaed engineer, licensed electrical cOhbcdur, licensed plumbiog OOhbcdt.. liceneed roofing contrador, licensed residential or building contractor and a IÏC8ItSed fepf8SØI/lalh,e from one of the other specialty trades or prof 1 IlåDi. requIrtng a Certificalt:r of Competency 81 provided in the Ordinance. These caIøQuñes are merely directory and faiUe to have a member oA each of the trades is not grounds for voiding My action oA the Board. Terms ae 3 yeørs. This is a Quasi Judicial Board. Amended by Ordinance No. 94-34. 95-11,97-68,99-45,2002_21 FL STAT 489 StDffi Bill Hammond. Building Review & Permitting Director:: 403-2442 Thursday, September 30, 2004 Page30fJ Agenda Item No. 90 October 26, 2004 Page 7 of 10 MEMORANDUM DATE: October 4, 2004 TO: Elections Office ~ Sue Filson. Executive Manag Board of County Commissione ' FROM: 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. AJso, please list the commission district in which each applicant resides. CONTRACTORS' LICENSING BOARD COMMISSION DISTRICT Lee Horn 2225 Mahòu Lake Circle #6211 A~ Naples, FL 34119 'l c ¿, p .-;çß. 3? Thank you for your help. " c::~ 'I' '.;. '0·:)." ,,~ ..¡...'...J 1 I II '. - ¡j..,) -'.... . '-I~JJ'"I ,_," RECEIVED .:.:-- t.- "t : \, ."-. ~. ,-' " "1 ~. l."noL. ., . ..,; , ': - : ~.~ :..'"" .-'. J ,J Board of çount.y ~()mmiss ioners MEMORANDUM Agenda Item No. 90 October 26, 2004 Page 8 of 10 DATE: October 4, 2004 TO: Bill Hammond, Buiküng Review and Pennitting Director FROM: Sue Filson, Executive Manager~ , Board of County CommissioneW" RE: Contractors' Licensing Board As you know, we currently have 1 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 fullows: Lee Horn 2225 Mah1>u Lake Circle #621 Naples, FL 34119 Please let me know, in writing within the 41 day time-ftame, if the appIicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please categorize the appJicsnts 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. 90 October 26, 2004 Page 9 of 10 fi15OO_5 e From: advisoryboards@collergov.net Sent: Saturday, September 11, 2004 1 :00 PM To: filson_s Cc: RegulaJason Subject: New On-ine Advisory Board Applièation Subnitted. cJt¿... CoK,gy ------- Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax:(239)77~02 J...t:~1 .~.I ...... '1 . . ~ ~'I i September 11. 2004 Application for Advisory Committees I Boards N8me: Lee Horn Home phone: 239-287-5044 Home AcIcIrHS: 2225 mallbU lake cIrde tI621 City: naples Zip Code: 34119 e Fax Nurtmer. No information provided. BusineSS Pbone: 239-287-5044 EInaR AddreSS: sportMm@aol.com e BoIIId' Cu........ Applied for. c.:~r~J:;J.:I::r:.~J...""5 D~ c.tegory: (If applicable) No information provided. An you a nígtstenld voter In CoIIiIIf CoUnty? Yes Do you cunently hold public oftIce1 No Do you now ..."., or have you serwd on a ~r County board or No commlltM? PleaSe list YO" community activities: III john neurnann high achool. aatIt. heed footbIIll c:oech fund rai8lng ctwir 'advl8or, numerous che....ÞIe gtOupa In coller county and 80uttI ftDrtdII miami till. board of dIreclora, miami touchdoWn clUb. cœent ø.dh tIortdII clrwctor. nIItional footbIII foundation and college foctbal hili of fame Education: gullver prep. high .:hool, ll'iaml , ft. bac:helOl'a in bUll..... rnarlœtlng. concordill unlVersIy t.c:heIora In buill.... n,.nce, tIoI'Iœ intenwUonal unIVefllty e Expertellce , Background: I have been involved in community deVelopment, ranovdon. Improvement, ~ng, and ctwrltable CllU88S for many years.11h1s Is the IØrt of my 88COnd yelll' of rasIdence 9/14/2004 Agenda Item No. 9D October 26, 2004 Page 10 of 10 e in naples, ftorkl8. Prior I resided In Miami ftorlcla and contributed to my eociety. I would like to get involved ìn any are. appbbla' po88lble to work toward Improvement, development, rwmovation, funclralelng, Ind progre_ln collier county. If reference. Ire needed. I have quite a few available Including Athletfc Director Mark Manlala of Sl John Neumam High School. -- e 9/14/2004 EXECUTIVE SUMMARY Agenda Item No. 9E October 26, 2004 Page 1 of 18 APPOINTMENT OF MEMBER(S) TO THE AFFORpABLE HOUSING COMMISSIPN OBJECTIVE: To appoint 2 members to serve 3-year terms, expiring on October 1,2007, to the Affordable Housing Commission. CONSIDERATIONS: The Affordable Housing Commission is a 9 member committee created by Ordinance 91-65 to monitor the implementation of the Affordable Housing Task Force's recommendations, and the goals, objectives, and policies of the Housing Elements of the County's Growth Management Plan and the City's Comprehensive Plan; investigate the feasibility of tax increment financing for infrastructure for site development of affordable housing for low income households; develop means or mechanisms to encourage a voluntary program in which Realtors, and other holding deposits such as escrow accounts of earnest money deposits or security for rentals would deposit these in a selected bank where such bank would contribute to the Housing Trust Fund a gift calculated on the average collected balance for the month; investigate a plan for any linkage and inelusionary zoning recommendations; review and . determine the effect of proposed ordinances of affordable housing and make recommendations to the Board of County Commissioners and the Naples City Council; and investigate any other relevant areas so directed by the Board of County Commissioners. Five members are appointed by the County and 4 appointed by the City. After initial appointments, terms are 3 years. A list of the current membership is included in the backup. The terms for Joseph G. Foster (resigned 6-23-04) and William R. Cadwallader expired on October I, 2004. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY !!m ELECTOR ADV. COMM. Michele Ellis Harrison Realtor 4 Yes None Dr. Samuel J. Durso Habitat for Humanity I Yes None William Raybum Retired Lawyer 2 Yes Affordable Housing Commission Cadwallader - re-appt. Housing Finance Authority COMMITTEE RECOMMENDATION: William Rayburn Cadwallader - reappointment Michelle Ellis - new appointment FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: OCTOBER 26, 2004 Agenda Item No. 9E October 26, 2004 Page 2 of 18 -" Agenda Item No. 9E October 26, 2004 Page 3 of 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 9E Meeting Date Appointment of members to the Affordable Housing Commission" 10/26/20049:00:00 AM Prepared By Date Sue Filson Executive Manager to the BCC 10/15/200411:58:50 AM Board of County Commissioners BCC Office Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/15/20044:21 PM Agenda Item No. 9E October 26, 2004 Page 4 of 18 - .r::. CD-u ,... 0 - ~ C._ NÜ -¡. '- ~ .~ CD > II) e'ü ... CD g{6~~ õ _~ C CD 0- _CD .~ .! > -g "'ë CDeOeO .nÕCD ë =ª-8 'C ::J:: 0 Qj ,~ >- 0 rc ~1 8.:I:o.r::.:= .- e II) 'it ~ £ i! 8 . f 0. ~ . ..,. 'jD:a:: '-ãi.2a1c .... ::Jc!:1i 'Ë ë 0 céO t==CD'E-: c eg- . e !I. e e.r::. ~ 0 0 8as£D ~~&>¡I C 0 .. ._ CD « N ~ >-z ....:I:C >- 81: 8jal 0 0 of! ~ r-- f-- .. ~ e CD c Qj 5 ... 0 e .- .... CD e ! "g 0 c 'i5!~ Î 0 0 o¡; ... N 0 .s 0'- .- 0 ... en ãi ..if¡ ~ CD x: ~ U .- C:I:e i "0 E CD -8~::J CD 0 a:: .. :ã .. E "lc:!: ~ E . ::a fn 0 ...& c '2 0 0..0 x: t- O 0 ~ ~ .. - CD I-- Z I ~ :ã c( - e CD . en '0 0 ~ e .c .. III III - ~ 0 II) - CD CD CD 0 S ..J ::J: ~ ~ ~ U 011( .. a.. I) CD CD CD - 5 "0 = a. .a ~ c( . C ; S '2 0 >-- ¡-- Z .. .!! ~ .. - ." m 0 .:( Ë 0 - E .!! fn I) E ::a .. fn .J::. ~ .... N 0 .a .c. .. CJ >a u - :E c ~ . i 0 II: :E õ - en .. 0 0 CD =' .. .. .- C U 0 - C CD - 0 c ::c CD ~ ! .5 ca u. CD C) CJ ª CD C .. ø 2 :is Õ õ Z > CD CD ca õ. ::æ Õ 'E ca. ca. - N CD t~ ca. e ca. 0 z - UJ .. .....10 0 . . - S en o~ ;:.... ~ . Ið CD .... :J ~ &.... !~ ! '0 = '0 0 .! en 't:J~ CD~ .. CD CD 'I: ~ ...u. CD .2 > ... > :I: c := -,:u. CI _ = e .2 i r--N as - wI as o..'t:J C a. C œo 8ã. - 0 W CJ C 0 a. 0 r--.... ....CD - ~~ œ¡;,¡ OCD ¡ c( ¡ c( ...J ã co - ....z ~ f-- - m i ... " '0 CD ~ C C c( 't:J CD CD CD C") !! CD e E C ãi E E CD C i E a: &. 5J ~ .. 0 0 - u 0 - I .¡:; 0 q I- u 0 ... ::J , CD e -.t U. ~ :!: Q ::J - o· LI. II) ""') ~ . ~ = ¡;- 0 - c( iii 1) - =II:: E ::J a:: c c .!! E E CD 0 0 E ~ ~ ~ = ~ :: ~ ë 0 f/) ..; ~ :IE :IE ::æ c ,_. Affordable Housing Commission Name Work Phone Appt'd Exp. Date Term Ho~ Phone DaJeRe-appt 2ndExpDate 2nd Term Mr. Joseph G. Foster í. ~\"\..{rI 11113/01 10/01/04 3 Years / (.(~" -c1 566-8586 7509 Cordoba Circle "-;.'1' Naples,FL 34109 It· E-Mail: District: 2 Category: Attorney/subsidized housing mcilities Mr. William R. Cadwallader 11/13/01 1 % 1/04 3 Years /' 1090 Egrets Walk Circle 5144082 Naples, FL 34108 E-Mail: District: 2 Category: AttorneylBusiness Administration Mr. Robert Guididas 649-1500 04/13/04 1 % 1/06 2+ Years 1550 13th Avenue. N. 643-8311 Naples, FL 34102 E-Mail: rguididas@cbnaples.com District: 4 Category: Banker Mr. W. Jeffiey Cecil 593-2950 10/14/97 10/01/00 3 Years 3073 Windsong Ct. #604 04/13/04 1 % 1/06 3 Years Naples. FL 34109 E-Mail: District: 2 Category: County/Atty-Affordable Housing Dev. Mr. David Ellis 592-6100 01/09/01 1 % 1/02 1.5 Years 9625 Deepwater Court 10/08/02 1 % 1/05 3 Years Naples. FL 34109 E-Mail: District: 2 Category: CountylBuiIding Industry I I Wednesday, April 14, 2004 PøgelofJ ! ,...._~ Agenda Item No. 9E October 26, 2004 Page 5 of 18 Agenda Item No. 9E October 26.2004 Page 6 of 18 Affordable Housing Commission Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Doug Carman 09117/03 09/16/06 3 Years 2390 Ravenna Blvd., Unit 202 566-2510 Naples, FL 34109 E-Mail: District: 4 Category: City At Large Mr. John F. Routon 03/19/03 03/18/06 3 Years 275 Yucca Road 643-5051 Naples, FL 34102 E-Mail: District: 4 Category: City Ms. Mary Strutz 11119/03 11/18/06 3 Years 271 Aqua Court, P.O. Box 1646 263-0697 Naples, FL 34102 E-Mail: District: 4 Category: City Mr. Richard Snyder 10/17/01 10/16/04 3 Years v" 3131 Riveria Drive 434-7203 Naples, FL 34103 E-Mail: District: 4 Category: CitylRetired Wednesday, April 14. 2004 Page2of3 Agenda Item No. 9E October 26, 2004 Page 7 of 18 Affordable Housing Commission Name Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate Term 2nd Term This 9 member commission was created on July 23, 1991, by Ordinance No. 91-65, to monitor the implementation of the Affordable Housing Task Force's Recommendations, and the goals, objectives, and policies of the Housing Elements of the County's Growth Management Plan and the City's Comprehensive Plan. Terms are 3 years. 5 members appointed by the County and 4 members appointed by the City. Tara A. Norman, City Clerk 434-4701 FL STAT none Staff: Denny Baker, Interim HUI Director: 403-2330 Wednesdiq, April 14, 2tHU Page 3 0/3 ----- I Agenda Item No. 9E October 26,2004 Page 8 of 18 MEMORANDUM TO: August 30, 2004 Elections Office at Sue Filson., Executive Manager J-1 · Board of County Commissioners DATE: FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one ofthe 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. AFFORDABLE HOUSING COMMISSION COMMISSION DISTRICT Samuel J. Durso 891 Partridge Ct. Marco Island, FL 34145 ItS jh if I Michele Ellis Harrison 1079 7th Street, S. Naples, FL 34102 William Rayburn Cadwallader 1090 Egrets Walk Circle Naples, FL 34108 (15 ;)- Thank you for your help. RECE\'EO '. SEP Ij '¿ .,' \Oard of COU{\l.\ n' i "te"~. MEMORANDUM Agenda Item No. 9E October 26, 2004 Page 9 of 18 DATE: August 30, 2004 Denny Baker, HUI Director J Sue Filson, Executive Manager I Board of County COmmissioner TO: FROM: RE: Affordable Housing Commission 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: Michele Ellis Harrison 1079 7th Street, S. Naples, FL 34102 Samuel J. Durso 891 Partridge Ct. Marco IsJand, FL 34145 William Rayburn Cadwallader 1090 Egrets Walk Circle Naples, FL 34108 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time· ftame, 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 -"_M"___. Agenda Item No. 9E October 26,2004 Page 10 of 18 filson_ s From: advisoryboards@colliergov.net Sent: Sunday, August 15, 2004 5:59 PM To: fi Iso n_s Cc: RegulaJason Subject: New On-line Advisory Board Application Subrntted. _lm'..t ~~~!~~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 ~t]i, f(~ ."..... 's . . f.7 . . :- '" ,. . ., ,'. ....t'~ ;' August 15,2004 Application for Advisory Committees / Boards Name: Michele EOis Harrison Home Phone: 239-643-6260 Home AddreSS: 1079 7th St. S City: Naples Zip Code: 34012 Fax Number. 239-354-2611 Business Phone: 239-354-2080 Emaß Address: michele.hanisOn@ebcsWft.com B08I'd I CUIIII'I.ntee Applied for: Affordable HousIng Commis&lon Caœgory: (if applicable) No information provided. Are you a nÍgïsœred ~ In Collier County? Yes Do you currently hOld public oftice? No Do you now serve. or _w you senIIId on a Collier County Þo..-cI or No committee? Please list your community activities: SCORE Counselor Naples Area Board of Realtors - President E)ec:t Coller Buldlng Industry Aaeociatlon - First Year Builder Director EduCation: Bachelor of Science Management - IlItem.lIonal CoUege Master BusineSS Administration - International Conege ExperienCe I Background: Licensed In real estate for over 27 years. HeYe been in the building and development Industry here in Naples for 1 D years. I haw an Indepth understanding of the development industry. It's impec:t on our economy. and the strain that Ì8 being felt on our workforce housing due In part to its success. As incOming president of the local 8/16/2004 Agenda Item No. 9E October 26, 2004 Page 11 of 18 Realor board, I have made afordable workforce houalng my focus for 2005, It is my belief thai we need to make every alJort poaelbte to ensure that our workforce can atl'ord to live in the community thllt they serve, to grow their families and to have the opportunity to share In the 'Pride of Ownership' that most of us have taken Ibr granted. 8/16/2004 Agenda Item No. 9E October 26,2004 Page12of18 filson_s From: advisoryboardS@colHergov .net Sent: Tuesday, August 10, 2004 10:54 AM To: filson_s Cc: RegulaJason Subject: New On-line Advisory Board Application Submitted. . r ~--~'!!~ Board of County Commissioners 3301 East Tamiami Tnil Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 1(" -..tþ' '\', -, . ~. :.¡ . ~. t· . :¡ . , " . ..' ~ f August 10, 2004 Application for Advisory Committees I Boards Name: Samuel J. Durso M.D. Home phone: 239-642-5750 Home Address: 891 Partridge Ct. City: Marco Island Zip Code: 34145 Fax Number. '1:39-775-0477 Business Phone: 239-77~:36 Email Address:sdurso@hthconier.com BoanII Cuo...1ittIIe Appfled for: AffordaÞle Housing Committee eategory: (If .pplicable) Cltizen-At-l8rge ( Are you .. registered voter In Collier County? Yes Do you cunently hold public of'fice? No Do you now serve, or have you served on .. Collier County boanI or No Cuo...Øttee? Please list your community activities: Habitat for Humanity of CollIer Co., Inc.-PI'8tIIdent 1999-pre88nt Board Member lince 1994 Island Country Club-PrøIdem 1998-1999 Education: B.S. Biology College of \he Holy Cross 1966 Tufts Univel1lity Medical School 1970 Boston University Medical Sct1oo11974 Dennatology Residency Experience I Background: Eleven years fulltime volunteer for Habitat For Hwnanity as strong advocate for alfcm:tabla housing. OVer 500 homes built under my leadership 8/10/2004 Agenda Item No. 9E October 26, 2004 Page 13 of 18 Samuel J. Durso, M.D. 891 Partridge Court Marco Island, Florida 34145 Education: 1966 - Bachelor of Science in Biology, College ofth.e Holy Cross, Worcester, MA 1970 - M.D., Tufts Medical School, Boston, MA 1971 - Medical Internship, St. Elizabeth Hospital, Boston, MA 1974 - Chief Derrnatology Resident, Boston University Medical School 2003 - Harvard University Business School Affordable Housing Leadership Coni Professional: 1974-1993 - Dennatology solo practice. North Andover, MA Member of many medical societies 1978-1984 - President and owner, Andover Old Colony Indoor Tennis Club Volunteer: 1983-1987 - Vice President. Royal Sea1àrer Condo Association, Marco Island. FL 1984-1988 - Board Member, Central Catholic High, Chairman, Development Committee 1994-1997 - Mediator. Collier County Court 1994-1996 - Board Member, St. John Neumann High, Naples, FL 1998-1999 - President, Island Country Club Personal: Manied to Mary Ann for 38 years Five children Four grandchildren Habitat for Humanity of Collier County: January 1993 - Worked on house #100 in Immokalee December 1993 -Member of the Board of Directors December 1993-June 30, 1999 - Project Director. Naples Manor; Vice President, Operations July 1, 1999-present - President, Chairman of the Board Awards: 2001 - Harris Fellow 2002 - Points of Light (Governor Jeb Bush) 2002 - Marco Island Civic Association Citizens of the Year 2003 - Volunteer of the Year. Southeast Region, Habitat for Hwnanity International 2003 - Volunteer of the Year, United States, Habitat fur Humanity International 2003 - Robert C. Cosgrove Award 2003 - Collier Building Industry Association Humanitarian Award . Board of County Commissioners 3301 East TamiaDii Tni1 Naples, FL341U ~ (239) 774-8097 -Fax: (239) 774-3602 Agenda Item No. 9E October 26,2004 RECEf-.J~4 of 18 AUG Û 7· 2004 Board (}f r: ountv COlI.. i s S 1 or~,.s Appli~ation for Ad'\risory committees/Boards NøJe:-'WiIIiaa~ Bøme Pbøne: 5i~ Home Address:l890 Egrds Walk Circle ~.' Zip - Fa Ne;-- ad~: Buiøas:_reûnd .- - . .- .r-~ ",~1~ ~tl2---.-:--IIia . e -v-"1. . _ Boai'd or C..-_·d'.~ AppWfor:_Aft'onlale BOMiDg C~-=- CatelOI1'.(if applicable)" I. lit. Ex_pie: c......- Dùåid.~,~.....raJ~-- Are yo. a rqistered voter in Collier Co1lDty: Yes--,es ./ No Dø JØU.¡;.u~J hoIit¡pd)Iii:.omœ't Yes p-- If so, what I. daat otIce? Do )OW BOW sene.. 01' have ,... ewr seI'ftd.. OR . CallIer CoaIdy board" 01' .......Uee~)'II:I V No. If,., pi_list tile COIIIIIIiUeeslbøenls:_Aft'ordabIe BouIDg cØIIIIIIisIkMI. 1 tenD, BøuiDg I'IDaDœ AadIority In ftrst ..... Pleaie.Jist your Cf......_nit' activities (civic dubs, Dei&hborØod assøciatiOIIs, etc. ... positioas beIdt-~to .,--.L ~.. Eb-n..n.~:refer.tø .at_Mod I1C\Iwne Esperieace".JleaIe mer to Idt..-J-I I"eS1IØIe- Agenda Item No. 9E October 26,2004 Page 15 of 18 .~ ~~-~ - -....r..,-. 11I!t _. ~ ·I~.· .. - ~ - 17'. ... _., ~, ~ ~~ 'ft . - ---....... jlil- . ~I_.J""" .------........."r.- ~ ~._ . ..ft.:uø:z·....~.~'?"'-r ~~:r-"w - ··f. "(:íI.Ø)7'74-NIDor . 11 Œ.. ß... 1....11.4.... Il .~~, Agenda Item No. 9E October 26,2004 Page 16 of 18 Rayburn Cadwallader 1090 Egrets Walk Circle Pelican Marsh -Naples; Aorida~ Teie),r~I&:94!-ð14 02- -~ Vocation Common Cause, Columbus, OH .£>r1:!n dive ~nr.;Q1íg.. ~;'-2CO-1 -Managed and developed state'Mde nonprofit corporation. ~7P.CiA rmllti..goup-CQ9Iitinn to .wvù:ori~lrA- AforUn on issues perteining to an Ohio Supreme Court election vA1erein more than $12,000,000 Œ third .party: ~':J lid haRt mc;IRØyWll8~ a candidate running for reelection. _ -a3ItM""'p-<'~. ~ t"tuIr'Iga!lr ttJ:.state ImAlCI: ~tlned up :>JJÓI ¡$OfS ftJr said legisIatiŒL M.aoitDœd-stat.e I.awS- pertainiDg..tD governmental ethics, filed ...compl$linf~ nn.bebatf..ct tlq n IfAlIfM. r-.nnc:tituAnts, initiated Ieg/slalim to open access to government recordS~ investigated inappropriate . gpvef1'TDØl'Jfå 8QØ'lCX.effa1S Io.v-hJde.IIIX- to.iDfcrJ'QaIia:I.-aad- developed.. c:istIict. chapterS to. monitDr ~ on the local level. .-:Orgs:Iní7A't.,,~... d~lí,Mn.1S irrlllliing The League of Women's Voters. Sierra Club. AARP ~ and the Ohio Newspaper AssoCiation to . iosüæñe ¡:;hangßS in~ Sate. J$IW!'; ~nrl to lobby federå legislatorS far pa._g.e of the McCån Feingpld BiD. . _Managed stafeWde-fotq,di, ~=-t~ r'1'1VP.NQ for major putiic relations effort associated wth campaign finance refonTl including "Granny D" walk ac:ross-tb.e country in 1999 . ." Cœdø Incorporated, Cincinnati, OH .PJ:esideat/0N*-19SZ.-., .1998-. . -Successt'uly developed regpnall~n~J)fp1lzation across six-state .. œgicn to support tWMIc.JlmAnt Œ ~fAriAr'RJ bigh'NaY. Efforts included presentations before congressional committees. Various segments of the ..NVrinnr .ar.ea.ørently .~ ~ . -Developed marketinQ...an<:I business plan for Commerce Bank of Amenca. . Gained .apprDllaltrom nhin- ~·d..BaDks.faI:JPOfor trùs new ïnstítJ.4jon. -ReIIÎtalized portion of Cincinnati,. Ohio under contract wth the City through ..deIœIopnent ct.Atj1Mrl~~ ~ ~ 1m tlf'lÌt ritteI""'Ï-- II ntI 'q' .ca;yinrninil KIL. project. . ..ToJedo.J..11caS.CQUl'd;y eon Authority, Toledo, OH Director, Economic Develor;ment 1986 - 1987 -E-1-hished SAiI& Wde~c devetopment. efforts across 5 counties in Northwest Ohio. . _ MetropaIitaD ~wcb_&..De.VBropment, Ctncrnnatl, OH President 1974. - 1986 .-ConsuIted VRrit"lll!C¡,p'ernmert ~- m Intmn..œdevelopment.. Devetoped large. commercial ~s including; Madlsonville Central Business District .,. and Ði~ " QR- scre-.trad tnrit~ RnftU~ ~:.LIS.-. Shoe ~t"IIl_>O: ~nrl offj('Þ t"'nlTlple<', 9nri.bðn.I:IamiItcD-County·fajlities-fa: the mentally retatded (tOtaI-MW-lnVestment about$:f.2O,ooo.,OOO} Agenda Item No. 9E October 26, 2004 Page 17 of 18 -Managed in consuJting.ca~.the Cincinnati Port Authority and the Northern Kentucky Port Authority thl'OUQh emtJry9flic stages of organization D.H. Baldwin Compan~J- Cincinnati, OH .....Ex.ecutñte.Vi· . Company 1972 - 1974 -Managed and IiqLidated surplus'real estate that resulted from company . .rn~ R :;voqllÍozifi'Jl1S. -Organized a subsidiary mortgage banking company. .--Hy4e. Park S.y.I.n~ & .Loan, Cincinnati, OH Presidaot 1968. - t 12.. .- .-Managed S40;OOQ.f1OO fin::llnr.i$Jf in.qtitlltinn ~r\( 30 person staff. Increased assets by $18,000,000 ,~"" .6-hty State Representative 1964 - 1968 ·.,Represented 66th..r:Xstdct JnjIiAfRrl and ~ ~xJmately 30 18\I\/S. -chaIrman, Insurance Subcommittee. Member of Judiciary, Commerce, and R~·Com""ittees. -Introduced .v~nious.inwortantl~sration~u establishment or statewide Scenic Rivers. . \M1I4don Jn~~ UAft~1 Bank, Clndnnatl, OH Vice.J?residem.-1964-- 196a-. -CaUeå.upon. reå.estBte.deltelopers fOI:-ccmmQfCiaJ mO(t~ .loans, . . submitted loan packages to lenders and became a registered real estate associate. RftB-1flWd.'BaQk, Cincinnati, OH Cemmeroia-l.Qan ÐfIicer 1956 - 1962 -Analyzed commerciaf aedit and developed new business. EDUCATION .~.BUsiness Adrninimr:mn,. UnivP.l"!dty eX..cinànnati., Cincinnati, OH 1954 LLB, DJp Salmon P. Chase Law School.. Cinciooati, OH 1959 Member. Ohio Bar since 1959; certified by Ohio S,preme Court (now retired) AYOCATlONAL. . ~zed andSó..lat J¡shcaJ the--CQ/Bar COOFltJ-Citizens~~nII ~piQBS. gf·GÐIIier.CGt.lRty .fiiDam d Commissioners 2001-2003 .~ 10 CQpAJRrri Civi(; ..;~. hJC ~..~.. -F=!'ItAblist'led 6. Civic Assoåaticos.throt.Igbout Collier County at request or County Government · .,QbioPœsbyteriart RAIl. ..".,AI'It S1l'JlltAm. 6Mrd Member, 1997 - 1999 -Habitat For Humanity or Cincinnati, Board Member, 1993 -1998 - -'IlïII.ag,iá T.erœœ.Ear.k, u~yrv-. 1A:1R..1AAtl -HazelWJOd Imprwement Corpomtion, Volunteer Legal Counsel, 1972 - 1984 · .-VJIIage..afJ..eaaœ.P.arJc,...........C!llrAI'". 19~ ..~1al6- . -cincinnati Chamber or Commerce, Chairman..Legisfative Affairs, 1974 · ..southv.esternO..RAåiI'W'WTI'HrL<CIit Allthnrit)t..RIMIrd Member, 1980 - 1986 -Cincinnati Junior Chamber or Corrimerce, 1~1962 President, 1962 .ßuest I f!!r.tt11'P-l" J:fant.an1.~ G-qr'hjt!d-TbeFlanniru Prnr~'J Waking VWh NonPfOflt Cargoratjonsl - -GIJes[ lerlJ ~ Unnt~J Of C'JnrinnSlti ~ a: Arehitedll"~.{Q 'bject.-Howto.tea:.cbM1. 1020.Ums.å dtapidaled aiA. Housù:1g~ Agenda Item No. 9E October 26,2004 Page 18 of 18 -Guest Lecturer St. Ursala College (subject- Roberts Rules of Order) -Debater before large groups- -Interviewed no less than 300 times by radio and television program hoStS, _~Mtnrp'1Q,~ thaQ..2ClJ--'Ø:Jfi. "W"ir:ltad arbitf3tion ~s. _g. ~I dly: 10bbied fa:'· pretrià interv.efltion:, iA.Ohio . .'. EXECUTIVE SUMMARY Agenda Item No. 9F October 26, 2004 Page 1 of 8 APPOINTMENT OF MEMBER(S) TO THE PUBLIC VEHICLE ADVISORY COMMJnEE OBJECTIVE: To appoint I member representing the "AL TERNA TE" position, expiring on September 2,2007, on the Public Vehicle Advisory Committee. CONSIDERATIONS: This 5 member plus] alternate member consists of at least 2 members and not more than 3 members that must be holders of Certificates to Operate a motor vehicle for hire company in Collier County and at 2 members and not more than 3 members who are in no way affiliated or associated with the vehicle for hire business. They review and approve applications for a Certificate to Operate, taxicab color schemes pursuant to ordinance, and reviews and make recommendations to the Public Vehicle Board (BCe) regarding issues related to the motor vehicle for hire business and regarding alleged violations of Ordinance 95-66. Terms are 4 years. A list of the current membership is included in the backup. We currently have one vacancy representing the "Alternate" position. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY DlST ELECTOR ADV. COMM. I~ None , Russell E. Baisley J Non-affiliated NOTE: Mr. Baisley is a driver for Airport Connection, which would make him an "Affiliated" member. COMMITTEE RECOMMENDATION: Quasi-Judicial- no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and direct staff to re-advertise the position, Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: OCTOBER 26, 2004 ,'" ~."", ~"--_._"'-~-- Agenda Item No. 9F October 26, 2004 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 9F Meeting Date Appointment of member to the Public Vehicle Advisory Committee. 10/26/20049:00:00 AM Prepared By Date Sue Filson Executive Manager to the BCe 10/15/2004 11: 58:50 AM Board of County Commissioners BCC Office Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/19/200411:53 AM Agenda Item No. 9F October 26,2004 Page 3 of 8 e Public Vehicle Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Russell Berghuis 03/23/04 09/02/04 6 months 6202 Shadowood Circle 417-5118 09/21/04 09/02/08 4 Years Naples, FL 34112 E-Mail: District: 1 Category: Non-Affiliated Mr. VACANT 09/02/04 Naples, FL E-Mail: District: Category: AL TERNA TE - Non-Affiliated Mr. Tony Marino 593-5567 03/23/04 09/02/04 6 months 729 Regency Reserve Circle, #5503 353-7036 09/21/04 09/02/08 4 Years e Naples, FL 34119 E-Mail: District: 3 Category: Affiliated Mr. Randall R. Smith 262-1914 03/23/04 09/02/04 6 months 9120 The Lane 513-0501 09/21/04 09/02/08 4 Years Naples, FL 34109 E-Mail: rsmith@nttdestination.com District: 2 Category: Affiliated Mr. Michael L. Mendel 394-1113 03/23/04 09/02105 1.6 Yrs 390 Ortega Lane 642~893 Naples, FL 34145 E-Mail: katmikmen@comcast.net District: 1 Category: Affiliated ........~'"-,.c;..:.....:..--:..-...._' ._~~ ....,-...~' . rh"~day; S;P;.'i'f2fii4'-'-·· Page 1 0/2 Agenda Item No. 9F October 26, 2004 Page 4 of 8 - Public Vehicle Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDaJe 2nd Term Mr. Allen B. Walburn 925 8th Avenue South Naples, FL 34102 E-Mail: awalburnl@comcast.net District: 4 Category: Non-Affiliated 11113/0 I 263~3 03/23/04 09/02/04 09/02/05 3 Years 1.6 Yes This 5 member and 1 alternate member was created by Ord. No. 86-4, re-established by Ord. 91-93, amended by Ord. 93-15 and Ord. 95-66 to review and approve applications for a Certificate to Operate, taxicab cofor schemes pursuant to ordinance, and review and make recommendations to the Public Vehicle Board (BCC) regarding issues related to the motor vehicle for hire business and regarding alleged violations of Ord. 91-93. Membership consists of no more than 3 members who hold Certificates to Operate a motor vehicle for hire company in Collier County and no fewer than 2 and the remainder of the members are in no way affiliated or associated with any holder of a certificate. -- On 12/11/01 Ord. No. 2001-75 amending Ord. 95-66, Sec. 142-30 (b) states: The PVAC shall consist of five members and one alternate member. Not less than two nor more than three members shall be holders of certifICates of public convenience and necessity to operate a motor vehicle for hire business and not less than two nor more than three members shall be individuals who are in no way affiliated or associated with any holder of a certificate of public convenience and necessity. Terms are 4 years. FL STAT . Staff: Michelle Arnold, Code Enforcement Director: 403-2413 - Thunday, September 30, 20fU ...,,;................_.,...~..... .-.,. Ai Qd ~;...-.:..:I.... ~ '_"I,"~ ......:_«oI....~.... .,.._~ 'A<......~~~~'...~,.....-r-~....'. WII- Pøge2 of2 1111...··.....··.· d;.....,;¡.to.~~_..........,,',..,...,'.,.~ Agenda Item No. 9F October 26,2004 Page 5 of 8 MEMORANDUM DATE: September 14, 2004 TO: Elections Office ~ Sue Filson, Executive Manage0 ~ Board of County Commissioners ~ FROM: 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. PUBLIC VEmCLE ADVISORY COMMlTIEE COMMISSION DISTRICT Russell E. Baisley 2725 70th Street, S.W. Naples, FL 34105 jtS 3 Thank you for your help. MEMORANDUM Agenda Item No. 9F October 26, 2004 Page 6 of 8 DATE: September 14,2004 Michelle Arnold, ~ E;;t ~or Sue Filson, Executive M J Board of County Commissio TO: FROM: RE: Public Vehicle Advisory Committee As you know, we currently have 1 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: Russell E. Baisley 2725 70th Street, S. W. Naples, FL 34105 Please let me know. in writing within the 41 day time-ftame. if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please categorize the app6ca... ill areas of expertùe. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments .~----,-, Agenda Item No. 9F October 26,2004 Page 7 of 8 filson_s e From: advisoryboards@colliergov,net Sent: Tuesday, September 07,2004 8:31 PM To: filson_s Cc: RegulaJason Subject: New On-line Advisory Board Application Subnitted. ~~øtð' Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 77..-3602 Fax: (239)774-3602 'L~þ'·..' . r. ..,..... .. '.J ~J'I/ 1k/ ,ft r t {J: ~ 0\ September 07. 2004 Application for Advisory Committees I Boards fãme: RU88III1 E. Balsley Home Phone: ~ Home AddreSS: X125 70ö'1 Street SW city: Naples Zip Code: 34105 -- Fu Number. 2J9-649-46E6 BusIness Phone: 239-825-1328 ElMII AcIdreSS: IIretly6780aol.com Bo8Id , eu....1itbIe AppIed lor: Colier County Public Vehide AdvÍllOry Commit_ CMegory: (If 8pp1icab/e) No information provided. Are you a registered voter In Colier CcKdy? Yes Do you Cllfl'8Mly hold public: oftIce? No Do you now serw, or hew you served on a Collier County board Of Yes ........Atee? If yes. p..... list the boards , ......,miUees: CoRier County Public Vehicle Acleory Committee P.....11st your communIY ac:U¥itIeS: No infonnatlon provided. Educ:aUon: 3 years of College e Experienee , Background: Experience in achool bus transportation. Experience in transportation of handicapped chldren. Experience In local taxi transportation as well as sedan van and bus 9/8/2004 Agenda Item No. 9F October 26. 2004 Page 8 of 8 tnmapol18t1on. Experience In 10081 convention traneportlltlon. School bus driver training Instruc10r In the State or New York. Transportation company consultant e - e 9/8/2004 brock_m Agenda Item No. 9G October 26, 2004 Page 1 of 4 ,-' Subject: FW: letter to editor The Board should take a position at the next meeting --origInal Message--- From:mudd..J Sent: Monday, Octx>ber 18, 2004 8:50 AM To: brodcm Cc: bodlnejudl SUbject: FW: letter to editor The Board should take a position at the next meeting Mary-Jo, Add this item to the 26 Oct agenda under para 9, Comm Henning. Get the ballot language for this one from the SOE as backup. Thanks, Jim --origInal Message--- From: Tom Henning [malfto:reeIecttom@naples.net] Sent: Sunday, October 17,200412:49 PM To: mUdd..J SUbJect: Fw: letter to editor The Board should take a position at the next meeting ,- - Original Messag&_ From: Tom Henning To: jimmudº@ÇQIIi~rgov. net Sent: Sunday, October 17, 200410:35 AM Subject: Fw: letter to editor The Board should take a position at the next meeting - Original Message- From: Tom Henning To: letters@naplesnews.com Sent: Sunday. October 17. 2004 10:20 AM Subject: letter to editor For years, we have watched as our constitution has been hijacked by bullet trains and pregnant pigs. It is time to send the message that enough is enough. We can no longer sit idly by and watch as special interest groups place initiatives before our voters that are based on area specific desires and unfunded mandates. The bullet train only affects a portion of our state, yet all taxpayers will be saddled with the cost. This proposal placed before the voters absent of a price tag and a realistic funding source. Voters were led to believe that federal and private funds would accompany this mandate. Florida taxpayers will have to pay the entire $25 billion bill. Why should Collier County residents pay for a train that will not come to our area? Join me in voting yes on amendment 6 to remove this billion dollar unfunded mandate trom our constitution. 10/1812004 ~"'''''''_'',iI'"-,_,,,,,,,,., Item Number Item Summary Meeting Date Approved By James V. Mudd Board of County Commissioners Agenda Item No. 9G October 26, 2004 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9G Repeal of High Speed Rail Amendment. (Commissioner Henning) 10/26/2004900:00 AM County Manager Date County Manager's Office 10/18/200410:58 AM ._..""_.."~-- Agenda Item No. 9G October 26,2004 Page 3 of 4 NO.6 CONSTITUTIONAL AMENDMENT ARTICLE X, SECTION 19 (Initiative) Ballot Title: Repeal of High Speed Rail Amendment Ballot Summary: This amendment repeals an amendment in the Florida Constitution that requires the Legislature, the Cabinet and the Governor to proceed with the development and operation of a high speed ground transportation system by the state and/or by a private entity. Financial Impact Statement: The probable financial impact of passage of this amendment is a state cost savings ranging from $20 billion to $25 billion over the next 30 years. This estimate assumes the repeal of associated laws, the use of state bonds to finance construction, and could be reduced by federal or private sector funding. Full Text: Article X, Section 19, Florida Constitution, is hereby repealed in its entirety. Summary of Initiative Financial Information Statement: In 2000, voters approved an amendment to the state Constitution requiring development and operation of a high speed ground transportation system capable of achieving a minimum speed of 120 miles per hour and linking the state's five largest urban areas as determined by the Legislature. The proposed amendment would eliminate the constitutional requirement for such a system. In order to determine the impact of repealing the high speed rail constitutional requirement, the Financial Impact Estimating Conference held public workshops. Presentations were given by Derail the Bullet Train (DEBT), the Florida High Speed Rail Authority, the Division of Bond Finance, and the Department of Transportation. The Conference concluded that the direct financial impact of the proposed amendment is related to savings the state would experience by not developing and operating the mandated high speed rail system. This impact required four major assumptions to be made: . Because there are currently no federal programs which provide direct assistance for the actual construction of a high speed 12 I I I ¡^~- Agenda Item No. 9G October 26. 2004 . . Page 4 of 4 passenger rail system, the state would be responsible for all construction costs and would finance construction from the sale of state tax-supported bonds; · The scope of the service area comprising the high speed rail system project would not be the statewide system as defined in statute, but a more narrow system consistent with the Constitution, using the five largest urban areas as defined by the U.S. Bureau of the Census: Miami-Ft. Lauderdale-Palm Beach, Orlando, Tampa-51. Petersburg, Jacksonville, and Sarasota; · Because the project is envisioned to require many years to develop, the period of the analysis should be long enough to reflect the full implementation of the system; and · If the amendment passes and the requirement to develop and operate a high speed rail system is removed from the Constitution, the Legislature will also repeal the law which provides for the system. From these major assumptions, the Conference developed a probable system cost ranging between $20 billion and $25 billion over the next 30 years. 1- Elements of consideration in the cost calculation included the route; the construction, maintenance, financing and operational costs for each phase; and associated revenues. The Conference agrees that if federal or private sector funding can be obtained, the cost to the state to build the system would be reduced. The Conference acknowledged that if the system is not built, some positive economic benefits would not materialize; however, the state may choose to fund transportation or other infrastructure projects which would provide similar benefits to Florida's economy. The Conference also considered the implications to the state's overall financial health. Current law establishes a target ceiling on debt service payments as a share of state revenues at 7 percent. A sale of bonds large enough to pay for the construction of just phases 1 and 2 (Tampa-Orlando- Miami), in addition to already existing state programs financed from the sale of bonds, would raise the share beyond the target ceiling, to 7.2 percent. 13 Agenda Item No. 10A October 26, 2004 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to deny public petition request that the County retain ownership of Good land Road (County Road 92-A) OBJECTIVE: That the Board deny a public petition request that the County retain ownership of Good land Road (County Road 92A), CONSIDERATIONS: On January 19, 1999, the County and the City of Marco Island (the "City") entered into an InterIocal Agreement to transfer ownership of all public roads and road right-of-way within the City from the County to the City, excepting County Roads 92 and 92A. By Interlocal Agreement dated July 30, 2002, effective October I, 2002, the County transferred ownership of County Road 92 within. the boundaries of the City, and agreed it would also transfer in two (2) years that portion of County Road 92A within the boundaries of the City. In partial consideration of the transfer, the County agreed to budget and appropriate on an annual basis and pay to the City the sum of $1 ,000,000 per year for fifteen (15) years, in return for the City assuming maintenance and operational responsibilities for all roadways within the City, including County Roads 92 and 92A. The purpose of retaining ownership for two years of County Road 92A was to alleviate objections to the transfer of ownership raised by some of the residents of Goodland, who were concerned that the City might not maintain the road to the County's level of service. At its September 21, 2004 meeting, the Board heard a public petition request by Connie Stegall- Fullmer, President of the Goodland Preservation Coalition, Inc., wherein the Board was asked to amend the July 30,2002 Interlocal Agreement with the City by extending the date of transfer of ownership of County Road 92A for at least two (2) years. Following the petition, staff investigated whether County Road 92A was being propedy maintained, and whether the sentiment expressed by Ms. Stegall-Fullmer was generally shared by the community. Staff has found no issue with respect to the level of maintenance of this road, and the Goodland Civic Association, by letter dated September 30, 2004, a copy of which is attached, stated as follows: "All the directors of the Goodland Civic Association have agreed that Marco has done a superb job in taking care of the maintenance of CR 92A and we wish to thank them for making our hopes and dreams of a bike path a reality, We have voted, 9 to 0, that there is no practical or beneficial reason why the agreement of October 1,2002 should not be honored as intended. We feel there should not be any amendments or restrictions," FISCAL IMPACT: None. GROWfH MANAGEMENT IMP ACT: None. ,,,~,.._.~. -'""--;,..,,...,., "1·~__,__,._ Executive Summary Public Petition Request Re: County Road 92A Page 2 Agenda Item No.1 OA October 26, 2004 Page 2 of 15 RECOMMENDATION: That the Board of County Commissioners, in keeping with the unanimous recommendation by the directors of the Goodland Civic Association, deny the public petition request that the County retain ownership of County Road 92A, and alIow the ownership of this road to be transferred to the City of Marco Island in accordance with the terms ofthe July 30, 2002 Interlocal Agreement. PREPARED BY: Jeffrey A. Klatzkow, Assistant County Attorney Item Number Item Summary Meeting Date Approved By Diane Perryman Transportion Services Agenda Item No. 10A October 26, 2004 Page 3 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10A Recommendation to deny public petition request that the County retain ownership of Goodiand Road (County Road 92-A). (Norman Feder, Administrator. Transportation Services) 10/26120049:00:00 AM Executive Secretary Date Transportation Services Admin. 10/4120043:26 PM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Date Transportation Services Admin. 10/4/20043:29 PM Approved By Jeff Klatzkow County Attorney Assistant County Attorney Date County Attorney Office 10/4/20043:32 PM Approved By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 10/4/2004 5:06 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 10/5/2004 8 :58 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/19/20049:21 AM Retn: CLIRK TO THI BOARD IITIROPPICB 4TH PLOOR BIT 7240 3034471 ~"mda Item No. 10A OR: 3095 PG' 2ö/tsoctolt2004 24 00 , of 15 . RICORDID in the OfPICIAL RBCORDS of COLLIBR COURT!, rL C S 5.00 08/22/2002 at 01:09PK DWIGHT B. BROCI, CLBRI 100 INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARCO ISLAND AND COLLIER COUN1:Y TRANSFERRING JURISDICTION OF PUBLIC ROADS AND ROAD RIGHTS-OF-WAY WITHIN THE CITY LIMITS OF MARCO ISLAND This Interlocal Agreement between Collier County and the City of Marco Island made this ~ day of 9'+ ' 2002, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "County," and the City of Marco Island, a municipal corporation, hereinafter referred to as "City." W ITNE SSE TH: WHEREAS, on January 19, 1999, the County and the City entered into an Interlocal Agreement to transfer ownership of public roads and road rights-of-way from the County to the City; and WHEREAS, the above referenced Interlocal Agreement exempted from said transfer of jurisdiction certain specific roadway segments identified herein in Exhibit "A" to this Agreement; and WHEREAS, the County and the City agree that said exemption is no longer necessary or desirable. WITNESSETH: NOW, THEREFORE, in consideration of the premises, the above-stated clauses and other good and valuable consideration received and acknowledged by the parties to be sufficient, the County and City agree as follows: 1. The County does henceforth and in perpetuity, transfer the ownership and relinquish responsibility to the City for the maintenance and operation of the entirety of County Page 1 OR: 1~~=~~~â~ 1 ö'tl°f1S, ~ Road 92 (CR 92) as it currently exists within the boundaries of the City as further described herein and all appurtenances thereto, including, but not limited to its road right-of-way, its traffic signs and pavement markings and its storm water drainage culverts crossing under or along CR 92 from its westerly terminus at the intersection of Collier Boulevard (SR 951) in a generally easterly direction to the western end of the approach to the Goodland Bridge (Collier County Bridge Number 030184, a distance of approximately 24,725 feet (approximately 4.7 miles). 2. The County shall relinquish and transfer to the City, two [2] years after the execution of this agreement, all of its ownership to the entirety of County Road 92A (CR 92A), also known as Goodland Road as it then exists within the boundaries of the City limits. 3, Immediately upon the execution of this agreement, the County shall relinquish all of its operation of and responsibility for the maintenance of the entirety of County Road 92A (CR 92A), also known as Goodland Road as it currently exists within the boundaries of the City limits, and all appurtenances thereto, including, but not limited to its road right-of-way, its traffic signs and pavement markings and its storm water drainage culverts crossing under or along CR 92A from its northerly tenninus at the intersection of San Marco Road (CR 92) in a generally southerly direction to the City of Marco Island corporate line, a distance of approximately 2950 feet (approximately 0.55 miles), 4. The City agrees it will not, in any way, impede egress and ingress to the residential and commercial currently unincorporated area known as "Goodland", an area located at the southerly end ofCR 92A, currently outside the corporate boundaries of the City Page 2 OR: ~9~Jp~:\~~~ 1 ~¡j~ and within Collier County, except for temporary closure for maintenance and construction. 5, The County agrees to budget and appropriate on an annual basis and pay to the City the sum of One Mil1ion Dol1ars [$1,000,000.00] per year for a period of fifteen [15] years, in return for the City assuming, from October 1, 2002 and in the future, all maintenance and operational responsibilities for the roadway segments set forth in paragraphs one and two above, and for all roadways within the City as permitted under Florida Law. 6. The City, subject to the limitations of Florida Statutes, Section 768.28, shall indemnify and hold harmless the County its officers and employees from liabilities, damages, losses, and costs, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the City and persons employed or utilized by the City in the performance of this Agreement. 7. The County, subject to the limitations of Florida Statutes. Section 768.28, shall Indemnify and hold hannless the City, its officers and employees, from liabilities, damages, losses, and costs, caused by the negligence, recklessness, or intentional wrongful misconduct of the County and persons employed or utilized by the County in the performance of this Agreement. 8, The payments shall be made semi-annually, beginning with the first payment in the amount of Five Hundred Thousand Dollars ($500,000) on or before March 31, 2003 and each March thereafter; and the second payment in the amount of Five Hundred Thousand Dollars ($500,000) beginning on or before June 30, 2003, and each June Page 3 J OR: Ajå9i~~~Ir~ thereafter, until paid in full. The date and method of payments may be changed with the mutual prior written consent of the parties. 9. The source of funding for the County for the payments due pursuant to this Agreement shall be at the sole discretion of the County. 10. The effective date of this Agreement shall be October 1, 2002. 11. This Interlocal Agreement shall be recorded in the Public Records of Collier County. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their respective authorized signatories. " ·"~1 TE;''''~':'.;z6~ ~ :,' :ATtEST:~ " . , :';', [j~ight ~:infOc~, :Clerk ·::_'BY~·~~Þ'Æ4~/)e. . .'. Deputy~{Jletk DATE: 7 - 3'0- 0'2.. ATTEST: Laura Litzan, City Clerk BY'~ . eputy C erk BOARD OF COUNTY COMMISSIONERS :~LLJEZ~~ Jam . <;,9]etta, Chairman 1/X/ þõZ CITY OF MARCO ISLAND BY: ~~ ~L E . Glenn Tucker, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: APPROVED AS TO FORM & LEGALITY: ~~.þ/- Kenneth B. Cuyler City Attorney Page 4 .... , " ..... " , , ----.- ._-::;: ^" "" .'\~' ~. ......,.... E ''1: ' ~...., '-'r " ~I ~\~> ,----:;' ì:c= ,~t~fl~',-~:,':-=' -"" ~~ ---- / ,,"~~;:S';''';.:~~~~ñ1rñlrITl~ --~.....4;,.. I c¡ / ,{_' ,. _ I~' \"~'~"i~ .. .I, '-1\ ',~ ! , . </ _ ',:i:<r J}=~~' :7:.~." 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" I -" .. /, ;_ ".~"\ '~', ,'-:0 ,J' 'I I ' ,,' c r " ",' /"' " "r< '" ' '-" ~ I ~~ ~~/-'_ ,.:../ -----:: JJ ~ J'\¡;;;;Y I ~'l y' " / ,.,.-' I A'~'" ... 0 , ~ ",,' ,.'., ",;' ~.. '~r .. · r'" ~-... . ,..-.1 ~ .... = ~ :J _ r·;: : f· :: '¡Ii ¡ ~I!: "I : =: ¡. :;:¡ . :i= . .- e," . ::,..- ¡! ;:. ..... ~r! . =-= ~:. =¡: !:...¡ ~i: i:¡ ~ ¡''' ~! ~. ~': ~i .'" :i ~. : \~ , . ' - \ 'I r , :. ~ \1 I ( > c en c UI> ~'" NO .!II.. ;:... >::1: :am n On - --I "'-< ,.. >0 Z"n C . ---.-.-.---.- *** " 100 ,;0 ~ / ./ I I 1 i ..p /' /:/ ./':/ ,/ " " " " !'\0<J ).~<{I 0':)\ " " -.¡ - ,.......... . . , - - -.-.-.-.- -.-.- -'- - .... -'1\ ~. æ.¡ / I 1 I I I I I I I , I .·..ì ì I, Qot ",¥" ~Iarnxa L---- Retn: CLBRK 10 1BI BOARD IITIROPPIC! 4TH PLOOR BIT 724 0 3034472 OR: 3095 PG: 28Sje~dc~~tem N02Ò~¿ RJCORDBD in the OrPICIIL RBCORJ)S of COLLIIR CODITY, FL ~~ of 15 J;, ~~ 08/22/2002 at 01:09PK DWIGHT B. BROCK, CLBRK . INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF MARCO ISLAND REGARDING IMPACT FEES 100 '" THIS INTERLOCAL AGREEMENT is made and entered into this .5b 7 day of -:rl/¿ r , 2002, by and between Collier County, Florida (hereinafter called the "COUNTY") and the City of Marco Island, Florida (hereinafter called the "CITY"). WHEREAS, Chapter 74 of the Collier County Code of Laws and Ordinances provides for the imposition of impact fees to provide a source of revenue to fund the construction or improvement of parks and recreational facilities, the library system, the emergency medical services system, roads, correctional facilities and educational facilities system; and WHEREAS, the impact fees provided by the Collier County Code of Laws and Ordinances and its Land Development Code are imposed in both the unincorporated and incorporated areas of Collier County; and WHEREAS, the COUNTY and CITY are desirous of establishing a uniform procedure for the collection of impact fees whereby impact fees shall be imposed and calculated as provided in Chapter 74 of the Collier County Code of Laws and Ordinances, and such impact fees shall be paid to the CITY prior to the CITY's issuance of building permits; and WHEREAS, Chapter 74 of the Collier County Code of Laws and Ordinances provides that the CITY may enter into an interlocal agreement with the COUNTY that 1 .,"---".,_. Goodland Preservation Coalition, Inc. PO Box 691 Goodland, Fl. 34140 239-389-0255 Fax: 239-389-9173 goodlandfl@ao1.com Agenda Item No.1 OA October 26, 2004 Page 10 of 15 August 20, 2004 Mr, James Mudd County Manager Collier County Government 3301 East Tamiami Traìl Naples, FI. 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. 1 UVVUL~I I~ ~VLC~~n r~x;'~~-~~~-I"O "ICJJ 'o.J LUU'" .".UU I . u," ,-' Agenda Item No. 10A Agel1ðatuem- DIe, &e04 . . . Septe~~~.~15 Goodland Preservation Coalition, Inc. Page 1 of 2 PO Box 691 Goodland, Fl. 34140 239-389-0255 Fax.: 239-389-9173 . goodlandf1@ao1.com . - ,I. Mr. James Mudd County Manager Collier County Government 3301 EastTamiamìTran .... Naples. A. 34112 August 20.2004 ,: ~ . '.~.~:::.~.'¡': .... -.. .. ~::;~';\:-:'. : :~;.. ,: '1, . ':",. ._- .I.... -" " .. ,":;~:r~"'~ ..' ~ ~~ . _ /h:~,,;~;'-. ~ ..~ .;'1 ·..··1 .~ ," '~!l ..,- ':~.J.~~! ":-~"~"I.-'''-. .':'.*'T ':-' ,:~.:"'~"'.-~-..;."" . .~,==..,.._. ...., ~.- ..-.- - Re: Petition to Retain CR92A.ownership b~.Collíer County, Dear Mr. Mudd: . ..... ...... . _. ,oN ,:i.' .. . H .._:..~:~~~.: "~~~ ..,~--.:~~, '.-;":;'_~'f~' '..._....~_.~.;..:....::.: Please consjder this correspÒ~ c..request~ be-f)lEJæQ Ofl- the cgenda·:fot;::, ..,..-" the Board of County Commissioners meeting of Septëmber 14. 2004 for a public pefltion 'regarding CR92A. October 1. 2002 was the effëctive date of an interlocol agreement between Marco City and Collier County. Per thafàgreeni'ent,'Ñ\orco 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 Odober 1. 2004. A March. 2004 survey of the residents of Goodtand 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 InterlOcol agreement to retain the ownership of CR92A by the County for a minimum of an additlonaliwo 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 maintenonce. and approximately May, 2004 when areas of blacktop deterioration was finally repaired. While recently there has been improved responsiveness by the City os we near fhe end Of the two year window, we request counfy ownership be continued for a minimum of two more years, to assure responsive safe maintenance and operçrtions of our only ingress/egress to our homes in Goodland. Respectfully submifted. Connie stegall-Fullmer President Goodland Preservation Coalition, Inc. 1 Agenda ItcR'! ÞJô. 10A October 26, 2004 Agend~1!Ig8 ~.dfB 5 September '4, 2004 paga 2 of 2 "-,,. *' COILJFR COUNfYMANAGFR'S OffiCE 3301 East Tamiaml TJtil . Nap.~ FL34112 . 239--774-8383 . Fax 239-714-4010 . . August 23. 2004 ..... .... _ .; -'\:·~t~;:~~~f~¿;'f.j;~~~~:··IT~: .- ';:c .,.:¿;-\ - ..~ :~ -;.:.~ _'0 _..:'. "... ..",.._._:---:-:;-r!".-~~~~~".'!MII!"~~~~,...........;r·" .........~.'. '~; ...·~'t~..__·-..· ~ Connie Stegall-Ful1mer. PresideDt .~:;. . . ,:' : . .'.... . . . . . Goodland PreservatiOn Coelition. Inc. P.O. Box 691 Goodland. Fl34140-· . ..'- ..-. ..-...... .....-- .- . ... Re: Public petition Request tp-~ ~~r~~il~etMëri MaréO Cfty and..couIBt .Counf¥._..., ._~..~~~._....,.....~....-r-<""''''''',,'' n, .' ,;':"...., --- .... ........ . ~. .';" "-"-':'.~._ ...:,::,':~~--::"i.:~--, ':.:~~,}~~,: '~'. . . '..- .. .... . Dear Ms. Fullmer: .' ..... . _n_' ',. :- ....., ................... ~:~ _.~ ..~=~ Please be advised that you are·schéEfufèd to ~befOl!e:the COllier' County Board of . CommIssioners at the meeting of September 14. 200:4. regarding the above referenced subject. .....!'.)or..,.;,. ~. ,'--:,'C::".1' ~::: ~ Your petition to the Board of County Commissioners will be 'Umlted to ten minutes. Please be ådVised that the Board will take no .~ction on YÇJUr petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Boarefs diSCretion. Therefore. your petition to the Board should be to advi$e them of your concem and the need for action by the Board at a future meeting. The meeting wIn begin at 9:00 a.m. in the Board's Chambers on the. Third Floor of the W. Harmon Turner Building (BuDding -P) of.the govemment complex. Please arrange to .be present at this m68dng and to respond to inquiries by Board members. . If you require any further Infonnation or assistance. please do not hesitate to contact this office. . Sincerely. C2¥~ . .James V. Mudd County Manager NMlJb . cc: David Weigel. County Attorney ',--",' Co .. f~ . p o . .. .. .. 1 4L-. Agen~te6Jo. 10A O(?fuber26,2004 Page 13 of 15 City of Marco JIsland RECEIVED COUNTY MANAGeR ()Ff=1CE September 14,2004 ~.-..._. ........... SEP Î þ 20D4 ACTION Mr. James V. Mudd Collier County Manager 3301 East Tamiami Trail Naples, Florida 34112 ~ VIA FACSIMILE (239) 774-4010 and US MAIL Re: Public Petition Request to Discuss Interlocal Agreement Between the City of Marco Island and Collier County Dear Mr. Mudd: We have received a copy of the August 22, 2004 letter to you from Connie Stegall- Fullmer, President, Goodland Preservation Coalition, Inc., and your August 23rd response advising that her petition is scheduled before the Board of Commissioners at their meeting of September 14, 2004. Ms. Stegall-Fullmer states in her letter that through an Interlocal Agreement of October 1, 2002 Collier County agreed to provide one million dollars per year tor 15 years to fund repair and maintenance of CR 92 and CR 92A. She also criticizes the City's maintenance of the rights-at-way along CR 92A. We respectfully remind the uninformed reader that the annual appropriation by the County to the City is tor the maintenance of, ".., all roadways within the City as permitted under Florida Law, II and not for CR 92 and CR 92A only. We also advise that the rights-of-way of CR 92A are maintained by the City on a regular basis. Additionally, we have utilized state and City funds to construct a bicycle path along CR 92A as requested by the residents of Goodland. Periodic maintenance of the roadway is performed, as is periodic cutting of branches and overgrowth that encroach into the right-of-way and bicycle path. We entered into the agreement with Collier County on July 30, 2002 and also agreed to the provisions of Section 2, which reads as follows: i I I ! 1- 'The County shall relinquish and transfer to the City, two [2J years after the execution of this agreement, all of its ownership to the entirety of County 50 BAld Eagle Drive, MArco IslAnd, FloridA 3"¡145 (239) 389-5000 FAX (239) 389-4359 Agenda Item No.1 OA October 26, 2004 Page 14 of 15 Mr. James V. Mudd, County Manager September 14, 2004 Page 2 Road 92A (CR 92A), also known as Good/and Road as it then exists within the boundaries of the City limits. " We do not construe the above referenced section to mean that the relinquishment and transfer to the City is discretionary. We have, therefore, assumed that the transfer of CR 92A to the City occurred on July 30,2004. With that said, we do not wish to leave the impression that the City will not consider an amendment to the agreement. As always, we wish to continue working in harmony with Collier County to advance our mutual interests. Sincerely, ¿¡ lt4 J¡J, ;A A. wilfiam~ fcY>-:J City Manager AWM/bal Enclosure(s) cc: City Council B9/30/28B4 B9:42 2393894547 MARlNAT FACTORY BAV Agenda I~o. BRf~2 October 26, 2004 Page 15 of 15 .. -.... GOODLAND CIVIC ASSOCIATION 417 Mango Ave., P. O. Box 571 Goodland, Fl 34140 September :OiO, 2004 Mr. Jam. ~"'dd COUDty M.,..pr Collier CM"ty acw.....ent 3301 East 1'....... Trail Naples, J'l3,U12 Subject: CI~ nA Otnaenhip Dear Mr. Mudd: y....., lifter we ß:aWled oar meeting I .....t die aftenaOOD on the "'eplaoø te aU of the direcl:on of the GoodIud CiYie ÃIIOCIIdiOL We diHuled tile iDterIoaJ agreem.t '*"eea. the City ofMareo and Collier Cøaaty. AD the dift.un ., tile GoodlaDd Chrte AaodatioD have..... tbt Marco his do... a .upub Job ,.. taIda¡ caR of tile ..........ce of CR 92A ud we wilh to tha.k them, for lIIaldDl our hopes ad dream. of. bike path . reality. We bave voted, 9 to I~ that there II ao pn.etieaJ or beacfieial reaSOll why the acne....t of October 1, :t002 should aot be bODored u illteaded. We feel then ..oald Dot be uy ....eada...18 or n:strictiODl. Respedtd:r submitted, ¿. J. ffi:L ~~c",rla, Presideat Goodla.d (:Me AaoeJation ec. Mr. SB 1 MOIl 1.0/210 (04 Page 1 of 1 ~ -¡:~ 10 If mudd...i n' ".'__ ._._ ..._ _ . .--.-,.., ~_.-.. From: brock_ffi Sent: Monday, October 25,2004 7:33 AM To; muddj; bodinejudi Subject: FW: My Vote FYI... MJ --..()riglnal Message--- From: CHATIAÆN@aol.com [mallm:CHATrAFEN@aol.com] Sent: Saturday, Od:ober 23,2004 4:45 PM To:broc:k.-m Cc Goodlandfl@aol.com Subject: My Vote Mr. Mudd County Manager Collier County Dear Mr. Mudd, As a board member of the Civic .AssocIation of Goodland, I have cast a vote concerning the maintenance of our road into Goodland. I now have become aware that Mr. Tom Cowles failed to give me all the pertinent information and thereby am forced· to change my vote, I do not believe that the majority of citizens of Goodland want the City of Marco to take ownership of our only road at anytime. Having attended the majority of meetings held when dlscus$ions and voting were taken place concemlng the Issues of preserving the Integrity of our village, I do not remember a majority vote that would turn over the ownership of our road to Marco. We are vigorously campaigning against 5 acres of boat ramps certainly we would not yield to Marco's ownership of our road. Tom and I spoke so he Is aware of my request to change my vote. He a~ured me that he would rewrite his letter to you changing the board's count on this issue. We must save our road, It belongs to Goodland and its people. The road is the "welcome mar and "see you later" of our village and must be held In perpetuity. Thank you for your time In this matter. Sincerely, Deborah Klosik Board Member Civic Association of Goodland 10/25/2004 Agenda Item No, 10B October 26,2004 Page 1 of 104 EXECUTIVE SUMMARY Recommendation to adopt a resolution authorizing condemnation of tee simple interest in the proposed right-ot-way and/or stormwater retention and treatment pond sites, as well as perpetual, non-exclusive road right-of-way, drainage and utility easements, and temporary driveway restoration easements, which will be required for the construction of roadway, drainage and utility improvements to Logan Boulevard from Vanderbilt Beach Road to Immokalee Road. (Project No. 60166). Estimated fiscal impact: $5,760,000.00. OBJECTIVE: To adopt a Resolution authorizing the acquisition by condemnation of fee simple interests and/or such easements as are necessary for the construction of roadway, drainage and utility improvements to Logan Boulevard from Vanderbilt Beach Road to Immokalee Road. CONSIDERATIONS: Authorization for the acquisition by gift or purchase of right-of-way for the Logan Boulevard project is being presented to the Board simultaneous herewith. Construction schedules indicate that the extension of Logan Boulevard (via construction of two lanes within a four-lane footprint for future expansion) should commence later in the fourth quarter of 2004, and the Board is hereby advised that the condemnation of property may be necessary in order to meet this schedule. The Board of County Commissioners has been advised through public meetings, MPO meetings, and documentation of the various alternative routes and typical roadway sections considered by its professional engineering staff and consultants, and of the environmental impacts and costs of each engineering alternative, and of the public health, safety and welfare considerations, and of the long-range planning implications posed by each alternative, and has determined that the legal descriptions, and the interest in real property specified on each legal description, which are a part of the attached Resolution, represent the most feasible location, and are necessary for the construction of the proposed improvements to Logan Boulevard (see attached technical memorandum dated July 2, 2004). In addition, the safety, costs, alternative routes, environmental concerns and long range planning factors are addressed in the attached memorandum dated September 15, 2004. FISCAL IMPACT: The schedule for the acquisition of those interests in real property specified on each legal description attached to the Resolution may result in filing suit on every parcel required for the construction of the extension of Logan Boulevard between Vanderbilt Beach Road and Immokalee Road, however, staff will continue to attempt to negotiate settlements after the suit filings and up until the hearing dates. If it is necessary to condemn all of the required right-of-way, then the total cost of acquisition is estimated to be $5,760,000,00. This amount includes the cost of all real property rights required for construction of the proposed improvements, as well as all expenses for title work, real estate appraisals, staff time, and those expenses, such as property owner attomey fees and expert witness fees, which the County is required to pay according to Sections 73.091 and 73.092, F.S. Funds are available in Gas Taxes and Road Impact Fees. Source of funds are gas tax and road impact fees. However, staff will endeavor to negotiate settlements in good faith even after condemnation lawsuits have been filed. "····,····,...,....,u'......"_...,,,,,,.,.<,.;,.....,,,. Agenda Item No, 108 October 26, 2004 Page 2 of 104 GROWTH MANAGEMENT IMPACT: The extension of Logan Boulevard from Vanderbilt Beach Road to Immokalee Road (Project No. 60166) is an integral part of Collier County's Growth Management Plan. RECOMMENDA TION: That the Board of County Commissioners of Collier County: 1. Adopt the attached Resolution; 2. Authorize its Chairman to execute same on behalf of the Board; and 3, Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the approval of this Executive Summary, PREPARED BY: Lorraine Lantz, Right-Of-Way Coordinator, TECM - Right-Of-Way Acquisition Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Item No.1 OB October 26. 2004 Page 3 of 104 10B This item was continued from the September 26. 2004 Meeting 10 the October 26, 2004 Meeting Rec.ornrrlendatlon to adapt a resolution authorizing condemnation of fee simple interest In the proposed rightwof-way and/or stcrmwater retention and treatment pend sites, as well as perpetual, non-e<clusive road right.ol-way. drainaga end utility easements, and temporary driveway restoration easements, which wflj be reqlllred for the construction of roadway. drainago and utility Improvefnents 10 Logan Boulevard from Venderbilt Beach Road to hnmokaleo Road. (Project No 60166ì. Estimated liscallmpsct: S5 760.000.00 (Norman Feder. Administrator, Transportation Services) 10/26/2004 9:00:00 AM Prepared By Right Of W.y Coordinator 9/15/2004 ~:33:57 PM Lorr.¡ne Lanb Transportion Services Dnte TECM~OW Approved By Kevin Hendricks. TrQn'6portion ServiC4t8 Right or Wøy Acquisition Man.ger rrunsportatJon Engineering and ConstructlDn Date 101"12/2004 7:53 AM Accounting Supervisor D.ilte Approved By Sharon Newman Transportion ServiclS Transportatïøn Admlniltratíon 10/12/20042:43 PM Munagernent/Budget Analy"'-t Date Approved By U1j;U Taylor Tronsl,ortion Servicee. Transportation Adminístmtion 10/"13/20942:37 PM EW:l!cutive Secretary Dote Approved By Diane Pe"yman Tranaportion Service... TranllipDrtatìon StH'Vlces; Admin. 10/15120043:10 PM Tr.naportation Planning Director Date Approved By Donald L. Scott Trantlportion Servicel TrtlnsportlJtlon Planning 10115120044:37 PM Approved By D.,. A. Sothon, P.!':. Trnnsportion Services Prinjcípal Project Manager Trunsportiltion Engjneering and Constructlort Chlte 10118/200410:38 AM AStIoistant County Attorney Dntc Approved By Heidi F. Ashton County Attorney County Attorney Office 10/18/200410:51 AM Transportation DivisIon Admin;.sfrQtor Date Approved By Norm E. Feder, AICP Tranaportion Service6 TnlnlSiportilltion Services Admin. 10119/200~ 9:25 AM Admlnir.trativl! Assistant Date Approved By Pat Lehnhard County Munøger'1Ii Office Office of Manøgernent & Budget 10/19120049:47 AM Senior Management/Budget AnalYllit D..tft Approved By Susan Usher County Munøger'1I Otrioe Office of Mun.Etgement & Budget 10/191200411:38 AM Management & Budget Director Date Approved By Michael Smykow:»ki County Manager's Office Offic. of Management & Budget 10/19120043:15 PM County Mllnuger Date Approved By Jornes V, Mudd Bo.rd of County Commissioner. County MarlUger's Office 10/19/200~ 4:52 PM Agenda Item No. 08 October 26, 04 Page 40 104 RESOLUTION NO. 2004 - A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE INTERESTS IN THE PROPOSED RIGHT-Of-WAY AND/OR STORMWATER RETENTION AND TREATMENT POND SITES, AS WELL AS PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENTS, AND TEMPORARY DRIVEWAY RESTORATION EASEMENTS, WHICH WILL BE REQUIRED FOR THE COr-.¡STRUCTION OF ROADWAY, DRAfNAGE AND UTILITY IMPROVEMENTS TO LOGAN BOULEVARD FROM V ANDERBIL T BEACH ROAD TO IMMOKALEE ROAD. (CAPITAL IMPROVEMENT ELEMENT NUMBER 79, PROJECT NO. 60166). WHEREAS, the Board of County Commissioners (Board), on December 16, 2003. adopted Ordinance No. 2003-67 therein establishing the (annual updatcd and amended) Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects; and WHEREAS, the design and construction of the northward extension of Logan Boulevard from Vanderbilt Beach Road 10 .ùnmokaJec Road (Project No. 60166) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan (CIE No. 79); and WHEREAS, the location for construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of project altematives, various impacts upon the environment, long range pJanníng options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY TH.E BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been detennined by the Board that the extension of the Logan Boulevard between Vanderbilt Beach Road and Immokalee Road (hereinafter referred to as "the Project") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that construction of the Project is part of the County's long range planning effort, and is inc]uded in the Transportation E]cment of thc County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. --.......-........-...,----'". Agenda Item No. 08 October 26, 04 Page 50 104 AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the pn)ject, and the costs associated with the design, property rights acquisition, and construction of the project, as well as public satètyand welfare considerations associated with the design and construction of the project, and various impacts to the environment, and Ùle Board finds that after consideration of these issues, the most feasible location for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order lo construct the project as designed, it is necessary for the Board to acquire the various real property interests described in Exhibit "A" to wit: fee simple title interests and/or perpetual or temporary easement interests. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESO L VED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests more particularly described in Exhibit "A", attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are ]ocated on the property sought to be acquired and therefore it wiIJ not be necessary to remove any mobile homes from the property to be acquired. This Resolution, adopted on this __ day of , 2004, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: , Clerk Donna Fiala, Chainnan Approved as to f01'1n and legal sufficiency: t1~(~ŠhlJ·L "'----......... ----- Assistant County A norney Page 2 ,...,,"--.- --.. ---...-.--.........-. ...--.-......-... -".."....-.-.-......- -..........-------..... .-,..--....-..-......--......-- .-.--.,......--.....-.........................-.-. ... EXHIBIT .1-\ Page-L of...d1. Agenda Item No. OB October 26, 004 Page 6 of 104 TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) ----- HM HOLE MONTES ENGlNtERS . PiJI'IiRS . $I.IMYORS 950 Encor. Way' Naples. Flcrlòa 34110· P""".: 239.2542000' F..: 239.254.20119 HM PROJECT #20030002 lOJ [512004 REF. DWG. #B-4959-1 PARCEL NO. 701 LEGAL DESCRIlYrJON A PARCEL OF LAND UKATED IN A PORTION OF TRACT "AU, THE COVE, ACCORDlNO TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31 AT PAGES 11 THROUGH 13 OF 'TIm PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHEAST CORNER OF TRACT "C". THE COVE, ACCORDING TO TIID PLAT THEREOF AS RECORDED [N [>l.AT BOOK 3[ AT PAGES [ THROUGH 13 OF THE PUBLIC RECORDS OF COl.l.1ER COUNTY, l-1.0RlDA; 11-ih"NCE RUN N.{)2° 14'44"W., ALONG THE EAST LINE OF SAlD TRACT "C" FOR A DISTANCE OP 12.13 FEET; THENCE RUN N.87"45' I(,"E., FOR A DISTANCE OF 55.00 FEET TO THE POINT OF BEGlNNIN...Q OF TIlE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N,02" 14'44"W., FOR A DlST ANCE OF 32.76 fEET; THENCE RUN N.87"45' 16"E., FOR A DISTANCE OF 5.00 FEET TO A POINT ON Tllli COMMON LINE HETWEEN TRACT" A', OF SAID THE COVE AND TRACT "N", ISLAND WALK PHASE ONE, ACCORDING TO THE PLAT 1'HEREOr AS RECORDED IN PLAT BOOK 29, A'f PAGES 100 THROUGH 106 OF THE rUBUC RECORDS OF COLLIER COUNTY, H.ORIDA; THENCE S. 02"14'44"£., ALONG TIlE COMMON LINE BETWEEN SAID TRACT "A" AND SAID TRAC"T "N" paR A DIST ANCE OF 32.76 FEET; THENCE RUN 5.87°45' 16"W., FOR A DISTANCE OF 5.00 FEET TO TIlE POINT OF BEGINNJijQ; CONTAINING 163.80 SQUARE FEET. MORE OR LESS. THIS PROPERTY IS StffimCT TO EASEMENTS, RESERVATIONS OR RF_"TRICTIONS OF RECORD. BEARINOS Rr,FER TO 'nm WEST UNE OF TRACT "N'", ISLAND WALK PHASE ONE. ACCORDING TO THE PLAT 'JTiEREOFAS I~ ECORDED IN PLAT BOOK 29. AT PAGES 100-106 OF THE PUBLIC RECORDS OF COLl.IP..R COUNTY, FLORIDA AS BEING N. 02°14'44"W HOLE-MONT!r.s. INC. CERTIFICAtION OF AUTHORIZATION LB #1772 . 'ut: -~~~r~~~~lïy--·--- ~:~·~i:~~I;~1LORIDA Yr12l).I\lOO)oo'!\I.)I.:U.\U'I~·~""'·I.oM; Nap4.. . N>r\ My.," ' Venice ..."n_.._...""",,_._....__ EXHIBIT A Page-d.. of.-..2,Z TEMPORARy DRIVEWAY RESTORATION EAsEMENT ~~ON:3YEARSFROM COMMeNCeMeNT OF CONSTRUCTION) il .',- '. r::!!g fg,!'! z ~ 8-¡ovrD g 1iI:o- Ji:'?~ z-~ §! !>! I ... iiJ to ~.~~-=~ ""'0 Si! -0 .... N...è5 0... .:::; ),.. II~*~! ~ 1;~lli ~ ¡il.1 to (J) ^ ~ () :I: -i o >- () () o i:: "tI >- Z -< >- r- ", C) >- r- o ,.., (J) (") ~ "tI -t Õ Z (I) o Nc... IN ,lJo.' ."-' tC1!. . PARœL NO. 7tJI ~I f ~I ~ ~I ~I ~ ~ð \,.o;I~ ~"( ~ . ~~ ~8 :;; r- "r-- UN~~ (¡Jzz c (X)oooQ~ "-'''-'NA) -Þ..þ..J.r'T1-f (}1 (J .j>. " » -.: ~.. ~ :::i CD O'JO'J~or :t ~ # Z r'rì ~ iT! ::!E o (}1(}1~¡¡¡ . . N- 00:....» r..~q~?5 'T ~ dl1q ,~I > "'0 " ~ ~ =r (") ~ 0 1< m ~ ,OO'gg 31.9~'9t.LB N uN ~ ~._._.__.. ---··--·1 0\. t 1 . I'T1 =e \ ~ ~15 I: --~l' ~'Î VI." I ~~~ \ ~~ \ ; ~ i ~ .' \ v>~ Tn ¡;jo ~ II ~' '"tI ~I 0 Z !I ~ I , OJ \ ~I 8 ~ - m L__._.~. ..J 11 ~ 5:, Agenda Item No. 08 October 26, 04 Page 7 of 104 " 0 Q ::t1 S' ~ >- D "tj ::r !i!! ::r: ;g ..... (") W .. Õ (") r >- ~ " ,... 0 I L._..._._ I -- -'--'-"'--"~-~-"."'--".._-' _..__."-~_._- ~ '" 1- .--.-- I ._'--'~"-"- -..- _ _ . ---"----- --- -,.._---~-~,_..._. --~..__. -- _ -.--- --_._~._-- ~ 1(/)" ,...,20 o:r'z o,...,- r;?;;o -I." ~o !D~() ViZO _~ Çj 3:: .t;¡' 3:: fh:iJ~ .>() ~; ::;,.." .3:: ~nfT Vi 'Z - 1-............-··-.....··-·-·---··- ...--... I I \ ~ ~~~ Q8q VI <::' . =rnì'l ~ -~~ -~ ~ .,- ~ _.- _.........,-~_..~~-~ ... ~ C' ---.. ~--_...._-_..._-.._.,._...,. _._._-~ -. _..,,---,...",--~"'--' EXHIBIT /7 Page~ of..il2. tlM ENGWRS ' PlA/'IIÆRS ' SIJ1IÆYOOS 950 E,COIÐ WI,· Naples, Florid. 34110 . Phone: 239,25(,2000 ' Fax: 239254,2099 Agenda Item No. OB October 26, 04 Page80104 PERPETlIAI., NON-ExetUSIVE R(W) RfGHT-oF-MY. DRAINAGE AI«) UT1U1Y EASEMeNT 11M PROJECT 1t2OO)0002 9/01104 REf', DWG. #B-4853-1 PARCEL NO. 102 LEOAL DESCRIPTION A PARCEL OF LAND LOCATED IN PORTIONS OF TRACT "OS20", TRACT "X-I" AND TRACT "OS 16", OF SATURNIA LAKES PLAT 'IWO ACCORDING TO llŒPlAT '!l-IEREOF AS RECORDED IN PLAT BOOK 38 AT PAGES 45 THROUGH 50 AND IN A PORTION OF TRAcr "0527". SATIJRNIA LAKES PLAT THREE, A<..'CORDlNG TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 39 AT PAGES 67 THROUGH 72 ALL OF THE PUBLIC RECORDS OFCOLLIBR COUl\ìY, A.ORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLl.OWS: COMMENCE AT THE SOUTHWEST CORNER OF TRACT "X-I"', SATURNIA LAKES PLAT TWO ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 38 AT PAGES 45·50 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, TIm SAME BEING THE SOUTHWES'r CORNER OF SECfION 28. TOWNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORlDA; THENCE RUN S.89°56·29E. ALONG THE SOUTH LINE OF SAID TRAcr "X-F" FOR A DISTANCE OF 110.09 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N,02"10'55"W, ALONG THE EAST LINE OF SAID TRACT "X-F' fOR A DISTANCE OF 2673.51 FEET TO A POlNT ON THE NORTH LINE OF TRACì "OS 16" OF SAID SA11JRNIA LAKES PLAT TWO; TI-IENc.:E RUN 8, 89"57'29"E" ALONG THE NORTH LINE OF SAID TRACT "0816" FOR A DISTANCE OF 7 .50 FEET; THENCE RUN S,02°10·55HE., FOR A DISTANCE OF 79.54 FEET TO THE BEGlNN1NG OF A TANGENTIAL CIRCULAR CUR VE. CONCAVE EASTERLY; TBENC'E RUN SOUHIERLY ALONG THE ARC OF SAID CUR VI'. TO THE LEn, HAVING A RADIUS OF 34,00 FEET. THROUGH A CENTRAL ANGLE OF 32"39'17", SUßTENDED BY A CHORD OF 19.12 FEET AT ^ BEARING OF 8,18°30'33"8" FOR A ))STANCE OF 19.38 FEET TO A POINT ON A CIRCULAR CURVE, CoNCAVE NORTI, IERLY WHOSE RADIUS POINT BEARS N,26"50'08"E., A DISTANCE OF 25,00 FEET ll-IEREFROM; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, 11A VING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 26°22'03", SUHTENDED BY ACHORD OF 11.40 FEET AT A BEARING OF S.76~f)'53"E" FORA DISTANCE OF 11,50 FEET TO A POINT OF REVERSE CURVE. CONCA VB SOUTHERLY; THENCE RUN EASTERLY, ALONG TilE ARC OF SAID CURVE TO THE RIOHT, HAVING A RADIUS OF 533.32 FEET. l1lROUOH A CENTRAL ANGLE 0\; 00·43'46", SUBTENDED BY A CHORD OF 6,79 FEET AT ^ BEARING OF S.89° lOOO2"E., FOR A DISTANCE OF 6,79 FEET TO THE END OF SAID CURVE THE SAME BEING A POINT ON THE BOUNDARY LINE COMMON TO TRACT "OS 16" WITH TMcr "X-I" OF SAID SATURNIA LAKES PLAT TWO; THliNCE RUN S,OzoI0'5S"f.", FOR A DISTANCE OF 104.24 FEET TO A P01NT ON THE BOUNDARY LINE COMMON TO 'ŒACT "X-I" wrrH TRAC..T "OS20" OF SAID SA TURNIA LAKES PLAT TWO AND A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY. WHOSE RADIUS POINT BEARS S,44~8'00"E., A DIST ANCE OF 34.00 FEET THEREFROM; THENCE RUN SOUTHERLY ALONG nIE ARC OF SAID CURVE TO THE LEFr, HA VINe; A RADIUS OF 34,00 FEET, THROUGH A CENTRAL ANGLE OF 47°42'55", SUBTENDED BY A CHORD OF 27.50 FEET AT A BEARING or S.2Iø40'33"W" POR A DlSTANCEorz8.31 FF..ET TO THE END OF SAID CURVE; nŒNCE RUN S,02"10'S5"E" FOR A DISTANCE or 191.95 HmT:THENCE RUN S,II°!8'50"W" FOR A DISTANCE OF 51.42 FEET; THENCE RUN S,02°10'S5"E" POR A DISTANCE OF 2.200.82 FEET TO A POINT ON THE SOUTH UNE OF TRACT "OS27" OF SATURNIA LAKES I'LAT THREE ACCORDING TO TIlE PLAT THEREOF AS RECORDED IN PLAT BOOK 39 AT PAGES 67 THROUGH 72 OF THE PUBLIC RRCORDS OF COLLIER CtJUNTY, FLORIDA, THE SAME BEING A POINT ON THE SOUTH LINE OF SAID SECTION 28; THENCE RUN N.89°S6·29"W,. ALONG THE SOUTH LINE mi SAID TRAcr "OS27" AND TIlE SOUTH LINE OF SAID SECTION 28 FOR ^ DISTANCE OF 7.50 FEET. TO TilE r.QINT OF BEGINNING; CONTAINING 0,586 ACRE. MORE OR LESS, Nllpleo . Fort Mye", ' v.".,. ;- ___H........._...__.._.__.........__.....__.......__ EXHfBfT.d.. P8øe..1L o1ri.l] Agenda Item No. DB October 26, 04 Page 9 0 104 11M PROJECr #2003()002 9/01/04 REF. DWG. #B-4853-1 PARCEL NO. 102 THIS PROI'ERTY IS SUBJECT 1'0 EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO TIlE WEST LINE OF SECTION 28. TOWNSHIP 48 SOUTH. RANGE 26 EAST. C.'OLLlER COUNTY, FLORIDA, AS BEING N.OZ"IO·S5"W. HOLE MONTB,,<;, INC. CERTIFICATION OF AUTHORIZATION LB 1#1772 i '~í it" " . BY:""",: 'L;'¡'tYJ.!'J1!:k._tJJ..:..lHf!1Ji.'J..'L._ P.S.M. 115628 .' ;, 'i·~ti·! ''''!'HòMAs M. M'UfP-ìlf- STATE OF FLORIDA ~ ,'1,"\.r, ~1~ ~.~ \'" . .~ , '~ ,,;........ , , W:\1\ICI~\2Ott.VJn1\1Jf(JAl'i.wJl,"S.1"t.... PeRPETUAl., ~USIVE ROAD RIGHT-oF_v. ~GE AND UTILITY EAsEMENT _.,,----'^-_.~ '".-..;....----. --...-.-----"'.'..- .-.,.. . {H.. IBIT ~ .~~.~ of U: \1OO3\200J002\h,.. ,,__tcÞlol\GI..M\02-1,Gw'9 TQtJ: "ode! 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'1\ !!:.? :& -.-'.M!Þ VA WI:Ifq- ~ I ~ I t- - - - - ... --··~i- l! \ \ i rc-::: ? :: I;: "9~ Q ç, I<;¡, C1fjì " ~\!i' ~~ \ ,: ¡\!\ ~... ;\~\~I\~- .-- ~' ~11~i~ q I, II I " ,~ ~ ~ I~ \ c: I .... \ ~ I I "'. I U\ " , I ~'·J'I ¡;; JL' I Ifj'!"¡-'"lF ,------ ¡iI "1 ì" IJiiNiõ¡'_ l / I ::~I L,__ ---- I / I ....9t 111~' I hi ¡,' I ~~l~~\ \ . . / I lï; i~ \~~ I \';\(~\. \ I / \ \ I\~i t I.~ !i;=:"'. ~_. . -.- -I , ! :).. 'it' - \f,!i: / - I 7" ':f..-!; ',:~, I Ii-' I I -;:~=:'::O_.~. 9. :\;11\ f~í~ ~'II/. )nw:~:> ¿ '1~1~ :'~.-. --fih~ L":~f6'Z:> .:: \ //~~~ \ .~/ \ I ./ ~ , PERPET\W.. NON-EXCWSIVE ROAD RlGHT.()F-W\Y, DRAINAGE ANI) UTILITY EASeMENT PARCEl NO. lOa r !::;';[;;';f:.~~~ ZV')V'I(/)(J)tnU) r- co.....OOOQJCÞoZ: ~::~~-1~~~fT1 ty')cxtooo......Q)n);! ~lJ'uio1tiÑÑ:;jm lO.o~Ul1U~U'I..c.o.~~M :e :E IT' ,." ,." ", fT1 o :--J~~~~~~~ ~~<ON~gO~ ..,~ tf!.,þ... -~ .. <.0. (") '" '" g C) ... ::0 ... > i:1 ~ " "C t:r !ê ::r: I ~ - 0 () ~~ Uj 0 .. ;.; 0 r- '" > t"' t%j g ~ (")"(")(")~ ..'-""'~¡:¡; (.oI()If'>.)UI~ 7-'~?~i; ~~.g.~~ ~ONL".I ~~~~~ ~t.t~~~ S:&~:::j> a _ .' n c AJ ~ ~~::~Q-I O'''''':,.:..~» q,<D.O.t-.)~o~ (I)(I)(I)<JI -ffi~œ~ "':JÑ<.J,. O.QQO. ;g '-"OU>"'z Ut~t~'1 C) ::E"''''''' '" ~~¡:;; œ~;-~:Z ~~g.~~ Agenda Item No. 08 October 26, 04 Page 10 0 104 EXHIBIT --6- ·age-.J.L of...;;n ~._..._-_.. ""-'''''-- -.----.----. tJM E~INEERS . IWINERS . SURVEYMS 95{) EnOOte Wrr¡. NI)Ieo. FIoIida 34110· PI""'.: 239.254.2000' F.x: 239.254.2099 Agenda Item No. OB October 26, 04 Page 11 0 104 FEE SIMPLE INTEREST HM PROJEer #2003002 101 I S/20()4 REF. DWO. IIB-4802-1 PARCEl.. NO. lO3A Page 10f2 LEGAL DESCRll"nON A PARCEL OF LAND LOCATED IN A I'ORTION or SECTION 28 AND SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 MST, COLLIER COUNTY, FLORIDA. HElNG MORE PARnCULARL Y DESCRffiED AS FOLLOWS: m:!Jll'f AT 11m NORTHWEST CORNER OF TRAer "X· F', SATURNIA LAKES PLAT TWO ACCORDING TO THE PLAT THEREOF AS RECORDED!N PlAT BOOK 38 AT PAGES 45 THROUGH soornŒPUULlC RECORDS OF COLLIER COUNTY. FI,ORIJ)A, THE SAME BEING A POINT ON THE WEST LINE OF SECt'ION 28, TOWNSHIP 48 SOUTlI, RANGE 26 EAST, COLLlFiR COUNTY. FLORIDA; THENCE RUN N.020 lO'S5"W., ALONG THE WEST LINE OF SAID SECTION 28, FOR A DISTANCE OF 1,179.76 FEET TO THE BEGINNING OF A TANOENTJAL CIRCULAR CUR VB, CONCAVE EASTERLY; THENCE RUN NOR'mERL Y ALONO TIlE ARC OF SAID CURVE TO THE RIGHT, !IA VINCi A RADIUS OF 2,269,54 FEET, THROUGH A CBNTRAL ANGLE OF 17.0028". SUDTENDED BY ACHORD OF 671.23 FEET AT A BEARINO OFN.C!6°19·/9"E" FOR A DISTANCE OP673.70 FEET TO A POINT OF REVERSE ClJRV". CONCA VE WESTER/. Y; THENCE RUN NORTHERLY, ALONG THE ARC OF SAm CURVE TO THE LEFT, HA VING A RADIlJS OF 2,324.50 !-'IET, THROUGH A CENn~AL ANGLE OF 14°57'07", SUBTENDED BY A CHORD OF 604.89 f'lJE'J' AT A BEARING OF N.07°2!'OO"E.. FOR A DISTANCf~ 01'606.61 FEIn- TO THE END OF SAID CURVE; THENCE RUN N.(()°07'34"W.. FOR A DISTANCE OF 1.07 FEET; nn'iNCE RUN N.45°55'lO"W., FOR A l)JSTANCr:; OF 65.51 l'IJET; THENCE RUN N.OO·OO'2I"E., FOR A DISTANCE OF 15.00 PEET TO A POINT 13.00 FEET SOUTHERLY OF AS MEASURED AT RICJH'J' ANGLES TO 'I'HE SOUnJERLY RJGHT-OF-WAY LINE OF IMMOKALEE ROAD, A 150 FOOT RIGHT-OF-WAY; THENCE RUN N.8"05r}·39"W.. PARALLEL WITH THE SOUUŒRLY RIGHT-OF-WAY l.INE OF SAID IMMOKALEE ROAD, FOR A DISTANCE OF 154.86 FEfn' TO A POINT ON THE WEST LINE OF SAID SECTION 28, THE SAME BEING A POINT ON THE EAST LINE OF TRACT 150 OF GOWEN GATE UNIT 97 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK '7 AT PAGE 96 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N,89°58·4'7"W., PARALLEL WITH THE SOln'HERL Y RJOHT-OF- WAY LINE OF SAID IMMOKAI.EE ROAD, Fort A DISTANCE OF 428.62 FEET; THENCE RUN N.ooo26'30"W., FOR A DISTANCE OF 0.00 FE!-~r TO A POINT ON THE SOUTHERLY RIGHT-OF. WAY LINE OF SAID IMMOKALEE ROAD; THENCE RUN S.89°58'47"E., ALONG THE SOLTf'HERL Y. RIGHT ·01'- WAY LINE OF SAID IMMOKAWE ¡WAD, FOR A DISTANCE OF 428.22 FEET. TO A POINT ON THE WEST LINE OF SAID SECTION 28, THE SAME BEING A POINT ON THE EAST UNE OF SAID TRACT 150; lTŒNCE RUN 5,89°59'39"1::.. AI-ONO THE SOU11ŒRL Y RIGHT,OJ'- WAY LINE OF SAID IMMOKALEE ROAD FOR A DISTANCE OF 330.14 FEET, 1'0 A POINT ON nœ EAST LINE OF THE WEST ONE IIALF OF THE NORTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF TIlE NORTHWEST ONE QUARTER OF SAm SEC1'!ON 28; THENCE RUN S.020 I . IO"E, , ALONG TUE EAST LINE OF THE WEST ONE HALf' OF THE NORTHWEST ONE QUARTER OF TlŒ NORTIIWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 28. fOR ^ DISTANCE OF 158.l8 FEET TO A POINT ON A CIRCULAR CURVE. CONCA VB WESTERLY. WHOSE RADIUS POINT BEARS N.8801O'30"W.. A DISTANCE OF 2,459..'i0 FEIn' TIIERRflWM; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RICIH"" IIA VING A RADIUS OF 2,459.50 FEé'T, THROUGH A CENTRAL ANGLE OF 04.09'20", SUBTENDED BY A CHORD OF 178..15 FEET AT A BEARJNGOFS.03"54'JO"W., FOR A DISTANCE OF 178.39 FEET TO THE END 01' SAID CURVE; THENCE RUN S.17°35·t3"W.. FOR A DJSTANCE OF 52,38 FEET TO A POINT ON A CIRCULAR CURVE, CONCA VB WESTERl.Y, WHOSE RADIUS POINT BEARS N.82049'09"W.. A DISTANCE OF 2,449.50 FEET THEREFROM; THENCE RUN SOUTlIERLY ALONG TilE ARC OF SAID CURVE TO THE Rlmrr, HA VINO A RA])(JS OF 2.449.50 f'EET, THROUGJ I A CENTRAL ANGLE OF 07"38'43". SUB TENDED BY A CHORD OF 326.60f'EET AT ^ BEARING OF S.I l"OO'12"W,. FOR A DISTANCE OF 326.84 FEET TO A POINT OF REVERSE CUIWE, CONCA VE EASTERLY; THENCE RUN SOUTHERLY, ALONG 11IR ARC OF SAIDCIJRVE TO THE LEf'T, HAVING A RADIUS OF2, 144.54 FErn'. THlWUOIJ A CENTRAL ANOLE OF J7'OO'2W', SUIITENDED tly A CHORD OF 634,26 FEET AT A BEARING OF S.06"19'19"W., FOR A DISTANCE OF 636.59 FEET; THENCE RUN S.02"IO·S5"E., FOR ^ DISTANCE OF 516.73 FEET, TO ^ POINT ON THE SOUTH LINE OF THE WEST HALF OF THE NOlrnlWESI' ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF TilE NORTHWEST ONE QtJAJUER OF SAID SECTION 28; THENCE RUN S.89·59·37"E.. AI,ONG THE SOUTH LINE OF THE WEST HALF OF THE NOIUHWEST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF Naple.. . Fort Myers' Venite -...."-....-.-.-.-...-.... -......-.""..--.,,-. . EXHIBIT~. page-L ot.:4" Agenda Item No. 08 October 26, 04 Page 12 0 104 FEE SIMPLE INTEREST 11M PROJECr #2003002 IOfl5/2004 REF. DWG. #B-4802-1 PARCEL NO. 103A Page2or2 THE NORTHWEST ONE QUARTEI~ OF SAID SECTION 28. FOR ^ DISTANCE OF 204.99 FEET TO A POINT ON THE EAST LINE OF THE SOUTH ONE HALF OF THE WEST ONE HALF OF THE SOUTHWEST ONE QUARTER OF'llIE SOUTI1WE..'n· ONE QUARTF..R OF THE NORTHWEST ONE QUARTER OF SAID SECTION 28 TIlE SAME BEING A POINT ON TIlE BOUNDARY OF SATURNIA LAKES PLAT ONE, ACCORDING TO HlE PLAT THEREOF AS RECORDED IN PLAT BOOK 36 AT PAGES 56 TIIR01lGH65 OF'llŒ PUBLIC RECORDS OF COLLIER COUNTY. FLOIUDA; THENCE RUN S.02°13·I5"E.. ALONG THE EAST LINE OF nlE SOUTH ONE HALF OF THE WEST ONE HALF OF THE SOUTHWEST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SEcrrON 28 AND ALONG 11-lE BOUNDARY OF SAID SA TURNIA LAKES PLAT ONE, FOR A DISTANCE OF 668.03 FEET TO A POINT ON THE SOUTH LINE OF TIlE NORTHWEST ONE QUARTER OF SAID SECTION 28; THENCE RUN N.ß9°S7'29"W.. ALONG 111E sotJ"nI LINE OF THE NORTHWEST ONE QUARTER OF SAID SECTION 28 AND ALONG THE BOUNDARIES OF SAID SATURNIA I..AIŒS PLAT ONE AND SATURNIA LAKES PLAT ·(WO. FOR A DISTANCE OF 330.55 FEET. TO THE POINT OF ~fiQINNING; corn AlNlNO 10.715 ACRES. MORE OR LESS. TIUS PROPERTY IS SUBJECT TO EASEMENTS, RE..<;ERV ATlONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE WE..<;'' LINE OF SECTION 28, TOWNSHlP 48 SOUTH. RANGE 26 EAST, COU.lER COUNTY, FLORIDA, AS BEING N.02"IO'5S"W. HOLE MONTES, INC. CERTIFICATION OF AIn'!lORIZATlON LB 1/1772 , BY __~!:t_ f1J!.-~¡;-_,..____I',S,M, 115628 . THOMA.S M. MURPHY STATE Of' FLORIDA " 1IIi·I3'OOJ\~N..I';:}^..DUHal1 "" EXHIBIT .4 page..L õld:5 FEE SIMPLe INTEREST li; \2CkIJ\2IJOJOO:?\lnIœ "'tt~Jtll'\GW)Ojo\.a"i 1ob: ~od~ [~I ,~ 2QO"- H3; J5ðm Plott." bY' btcI'fN""*'1 1) 0 C) ï -0 fT1 º G') Z .-1 fT1 () Z ..., 0 W ,." 9 z z Z C) !I " :....J g.[~Z ä 0....... a co '0 co1!.1/I f ·.0 ~.::.~W ::O;;¡''''r z¡¡:~ D !' 9. I ~ II -.N :: 0-': ",~gõ~ .. I~·¡¡;· ~ I ~lli ~ liilll ~ ~ tI) .. ='" ", -f (') :x: -f 0 >- (') (') 0 it: "'tI >- Z -< > ¡;; C) > ï 0 ITJ tI) (") ::0 :¡; -f Õ Z ;¡ ¡~I~ ~".~--.___ I .!¡'i': -"-""1 * Ii~' .6Z,/,;,69 N ~'~~¡' "'7I¡@ ~ ~ ~ ;~~ !j ì-1 1!:~5 ~ tA_ ~ -4'1 ~ l'l ;ai, (II i ~iX~"'m~ ~~.__. .~ i i II! '-,....-...--.-.-.\/ ~~ ; ..----.--.---.-.-..........--... :¡¡ T ~t·~W.~·tl .1.11> ..II IAN '11/1 "'" '~/I II\N 'lit,. þ.n s -!----/ PARCB NO. lù3 A-~ I I I r' ....- - - -...--. ... ---... n._ '¡:':.::::æ:N:~f:~-=--::-::: I I I I , ¡ I I I 1 ~-- ...._- -e~g-'- - -- ~.. - -. - -. - -~!,._---- J \ I \ i I I II-- ¡-f:-=~~:::: :::-:: I I I I I I I f·;,·_¡~!m. I 1--'~f6"-h 1___" I ¡ O!!~ 'is j': :o~ ... I ~Q\i I 'C1f(t : "!~ :-¡ ~~~ "1 I ~ !!\·~1......·¡:··:.::~::.;-1~;;;;';;;~:.::..:.:::...-~:--..=- ¡ 'r- -. _ -, .!,"J.-'~ Ji".,t r... "P!'e-_ _0 ..,,_ ft ~ ; !\ : e~@ ¡'I : ~i!j ~ : _~ø ,... ( I - ~ (;; t, .~9'9Zt M ./.t.99.89 N - -- - - -1"-- -- -,~~: '-;;~¡"D. DOl 91 ~ I ,¡r;Z;'9Zt 3 .Lt,SIt.58 S .__.___=-~~~I!__~~~~j;~!~wm- ~~~ az*- 6Z ___~.:~~~~._-~_~~~~ ./~~ l Il ....(.\1:1 !.> Ii'P dIA.L .~,...". !Z OZ tI!f...(tt5IJ~~ r-' ~:;;~~~';C~!:~ ",,,,,,,,,,2:2:Z2:Z c ~::jß~8~8~8~~ u\u../ull'Joiduiô ro1",," _.. ~~':'~5~q~!~~~ 'i~q~q~~q~.~M ,........,"I:e:e"':E~ ~t.n~~.....tn-m_~ ...~oco¡...¡.¡..!J1!J1o,-l u,~~~gÒl8~'!~ ~ . . ""0 . rn. . _ ~ ...---úí c !j q ter'd t=: ".. -1'~;k1;9.. 0"" .J J.v~ ;If)·l~~l.IrrI 1- a ~ . , ." i F' ." D ,... ,., w'" o~ t ~ ~ ~.~-- ~ Ci Agenda Item No. OB October 26, 04 Page 130 104 I I J ~- ------~;~ f····· ..-. _ f I ~ , I I I I I J I I 1-- _~_...."_ ~__,_. .~...._-_.__...- m ~-....... i I ~ : i~ G1 :tI Fi..... > n "d I" !i2 ::r: II .., .... l\ I1Ø 0 (") g ~ [f.) ... ¡;; (") r- "' > t"' þ:j ~ .. g rß ¡;.J. '0 ~ ~. -_.~;~ :E'- --- -. ...Ii ~ ~ ~ o (")(')oooC:: (J1.",ut-J~~ (JI ¡;; ~ I.l ~N~~~^, .¡..tU1Nrn> ""'coc.o.w:Q i.ni~u,ini",c .þ..~a..q.þ....U) -00-- ~¡-Id~~o o·~~....¡qe fì¡ti¡::¡~fì¡Þ . . , r II: (") C ;Q rnlA-01010rií 1.1"'''0''::1: "'~F"!"~o:;;! N[1)(..I01N::tJQJ o:ql1!~Vi.Or;; - - - - '.....,. ,--. ..,,- (J) m(1) Z Z g::~ogtt> ~&~~~~ ø~ôgii . 'I , . ,"" ~:E:E[T"" e:~~~~~ !'>¡:;Eg;~G') <o.~"'~C!.:r iJ EXHIBJr A page-5.L of..d1. Agenda Item No. OB October 26, 04 Page 14 0 104 FEE SIMPLE INTEREST ---.-----. HM HOLE MONTES f.NGllfERS ·I'\ANNfRS . :œvEYOR$ 950 Encore Way· Napm. AorIOll34110' PlIO": 239.254 2000' Fa.: 239.254.2099 11M PROJECT #2003002 10I15f2004 REF. DWG. #B4805-3 PARCEl. NO. 103H Page I of 2 I.EGAL DESCRIPTION A PARCEL 01" LAND LOCATED IN A PORTION OF SECTION 28. TOWNSlIlP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY, H.ORIDA, BEING MORE PARTICULARI. Y DESCRIBED AS FOLLOWS: COMMENCE AT TIlE NORTHWEST CORNER OF TRACT "X-F', SATURNIA LAKES PLAT TWO, ACCORDING TO TllF.I>LAT THEREOF AS RECORDED IN PLAT BOOK 38 AT PAGES 45 THROUGH 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY. Fl.ORlDA, THE SAME HE]NO A POINT ON THE WEST LINE OF SECTION 28. TOWNS1UP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA; THENCE RUN N.()2" 1O'5S"W.. ALONG THE WEST LINE OF SECTION 28. FOR A DISTANCE OF 667.81 FEET TO A POINT ON næ SOUTH LINE OF THE WEST ONE HALF OF HIE NORTHWEST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 28; THENCE RUN 889"59·37"E.. ALONG THE SOUTH LINE OF TIlE WEST ONE HAIl' OF THE NORTHWEST ONE QUARTER 01' TIlE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 28, FOR A DISTANCE OF J25.()9 FEET, TO THE l'OlN'U2f BEGINNING OF THE PARCEL 01' LAND HEREIN DESCRIBED, THE SAME BEING A POINT LYING 125.00 FEET EASTERLY OF AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID SECTION 28; THENCE RUN N.02"1O'55"W., PARALLEL WITH TIlE WEST UNE OF SAID SECTION 28, FOR A DISTANCE OF 516.73 FEET TO TUE BEGINNING OF lI. TANGENTIAL CIRCULAR CURVE, CONCA VE EASTERLY; TIlENCE RUN NORTIŒRLY ALONG THE ARC OF SAID CURVE TO THE RIGHT. HA VINe; A RADIUS OF 2, 144.54 FEET, THROUGH A CENTRAL ANGLE OF 17"00'28", SlIBTENDED BY A CHORD 01' 634.26 FEET AT A BEARING OF NJI6" 19'19"E., FOR A DISTANCE OF 636.59 FEET TO A I'OINT OF REVERSE CUR VE, CONCA VE WESTERLY; THENCE JUJN NORTHERLY. ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 2,449.50 amT, THROl.1GH A CENTRAL ANGLE 01' 07"38'43", SUBTENDED BY A CHORD OF 326.60 FEET AT A BEARING OF N.lJ "(X)']2"E, FOR A DISTANCE OF 326.84 FRbi TO Tlill END OF SAID CURVE; THENCE RUN N.17"35'13"E.. FOR A DISTANCE OF 52.38 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE WESrERL Y. WHOSE RADIUS POINT BEARS N.84"O I' lO"W, ^ DISTANCE OF 2,459.50 FEET THERFj-ROM; THENCE RUN NORTHERL Y ALONG T11E ARC OF SAID CURVE TO TIID LEPT, IIA V]NO A RADIUS OF 2,459.50 FEET, THROUGH A CENTRAL ANGLE OF 04"0')'20", SUBTENDED BY A CHORD OF 178.35 FEET AT A BEARING OF NJW54'IO"E., I·UR A DlSTANCE OF 178.39 FEE-TTO THE END OF SAID CURVE THE SAME REING APO]NT ON THE EAST LINE OF THE WEST ONE HALF OF THE NORTHWEST ONE QUARTER OF THE NORnlWEST ONE QlJ ARTER OF TIŒ NORTHWEST ONE QU ARTER OF SAID SECTION 28; TIIENCE RUN S.()2" 11'1 O"E.. A1.0NG '111£ EAST LINE OF TIlE WE~ï' ONE HAU" OF THE NORTH WFSr ONE QUARTER OF THE NORTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECrrON 28. paR A DISTANCE OF 125.90PEETTO A ¡JOINT ON A C]RCULAR CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS N.85"]5'44"W., ^ DISTANCE OF 2,471.50 FEET THEREFROM; THENCE RUN SOUTHERl.Y ALONG'l11E ARC OF SAlDClJRVE TO THE RIGJfr, HAVING A RADIUS OF 2,47J .sOPEET, THROUGH A CENTRAL ANGLE OF 01 "14'34", SUBTENDED BY A CHORD OF 53.61 FEET AT A JEAR]NOOF S.05"21'33"W., FOR A DISTANCE OF 53.61 FE!n TOTHI; END OF SAID CURVE; THENCE RUN S.17"32'05"W., FOR A DISTANCE OF 52.62 FEr,r TO A POINT ON A C]RCULAR CURVE. CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS N.82"49'Or¡"W.. ^ DISTANCE 01' 2,461.5() FEET TIŒREFROM; THENCE RUN SOIJll·1ERLY ALONG THE ARC OF SAID CURVE TO TBERtOlIT, HAVING A RADIUS OF 2.461.50 FEET. THROUGH A CENTRAL ANGŒ OF 07"38'43". SUBTENDED BY A CHORD OF 32R.20 H~hl AT A BEAR]NG OF S.II"OO'12"W.,FOR A DISTANCE OF 328.45 FEET TO A POINT OP REVERSE CURVE, CONCA VI' EASTERLY; THENCE RUN SOUTHERLY, ALONG TIŒ ARC OF SAID CUR VE TO THE LEFT, HAVING ARADlUS OF 2,] 32.54 FTiET. THROUGH A CENTIW_ ANGLE Of' 17"00'28". SUrrrENDED BY A CHORD OF 630.7 J FEET AT ^ BEARING OF S.06"19·19"W., FOR A DISTANCE OF 63J.f)3 FEET TO THE END OF SAID CURVETHE SAME BEING A POINT LYING 137.(X) FEETEASTIiRLY OF AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAlD SEen ON 28: THENCE RUN $.02" 10'55"E., PARALLEL TO THE WEST LINE OF SAID SECTION 28, FOR A DISTANCE OF 517.]9 FEET, TO A POINT ON THE SOUTH LINE OFT]!E WEST ONE HALF OF THE NORTHWEST ONE QUARTER OF THE SOUTHWEST ONE QUARTER or' THE NORTHWEST ONE QUARTER OF SAlD SEcnON 28; THENCE RUN N.89"59'.~7"W., ALONG SOUTH LINE 01' TilE WEST ONE HALF OF TIlE NORTHWEST ONE QUARTER OF THE SOUTHWEST ONE Naptos· Fort Myers' Venu:e - -.....-"--.....-.--'"--.-.-..-...,..-...-...- ._ . ___"..m"'....._...__."_........_.._.___..._. '""__"'___"'___.",_._" EXHIBITL page.JCL. of..d.1 Agenda Item No. OB October 26, 04 Page 150 104 FEE SIMPlE INTEREST QUARTER OF TilE NORTHWEST ONE QUARTER OF SAID SECTION 28. FOR A DISTANCE OF 12.0 J ¡'EET. TO THE POl~LQEJlliGlNNING; CONTAINING (),452 ACRES. MORE OR ŒSS. TIllS >ROPERTY IS SUBJECT TO EASEMENTS. RESER V ATrONS OR RESTRICTIONS Of'RECORD. HM PROJEC'T #2003002 JOt] 512004 REF. DWG. #8-4805-3 PARCELNG. 1038 Page 2 of 2 BEARINGS REFER TO THE WEST LINE OF SECTCON 28. TOWNSHIP 48 SOlrm. RANGE 26 EAST. COLLIER COUNTY, FLORIDA, AS ßECNG N.02010·SS"W. HOLE MONTES, lNC. . CERTIFICATION OF AUTHORIZA1'ION I..ß #1772 BY -~,,~~~~ -'-~~~,;'FLORJDA WI;ga;~w")')r"U(iAu»nll~.~.dt,,,, ---.-.-----.-.,.-...'.---"'--.". .- EXHIBIT !/ ?age...JL of,,7'Z ¡), \'O()3\ï(KJ3001\1~,lu. "'"'''li:nlSl\CW~O~.~ [u'ø; Ml)lj.1 Oii:\ 15. 7.004 II 'tJ ::J' ~ 0 S.::!i 6"g... z a-g.:t~ a.n_Ie Õ.--" P'I :J $;N ?:J Z¡¡'~ R !' a. I \10 ¡ -. N..... ::10!ii!:::~ N.....ÕO'OC tt ~~iilj\ft ~ ¡!li1lli ""'I Ilil:¡ ~ ~ tI) tt " 'T' -I (') :I: -I o ~ (') (') o !C " ~ Z -< )0- r 'T' ø )0- r C 'T' tI) (') ::0 " -I Õ Z "" 00 tDO '0 "U 00 ZZ -·1 .-! 00 "T\"T\ roo rr10 ..,;:: zl: Zrr1 z~ C"J", ;::: '" Z. --< r fTl ø fTl Z o ~.. ._- r r I"~ r- r- C :":N-~ ZVlV)Zl/) ï œ-o.-CDOZ ~-";N~~;cfT'l ~~_::.~~~~ ~~od:d6~ ~ I. :II & S Z r'Tl 2!: 2!: fT1..'l 1"'1 ~ -0'::2 -U'NUlf\.)V1 !"!'JU'ltvCfl-f 00><.0"'6» -.. N. 0. O'.!. I.C!. ?j! ..... n nnnoonS¡ "'UI~"''''-~ f'.) tv r'\.J N ~IN --' '.. .... .þr. ~ _. ;;u t..I 0'1 -.....¡ c./) ~.þ> > N_....IWW....O U, (J1 U. u. U.IU. ë ~. 0. (~. 0. q,,,,: <J) ::j---=J.fo:"!~o g/¡j.~.~~gr~ ~.þo.U")"'N-I Cn1l{,,~""'IOIt;~> 8 :xl "'''' -"'''' ¡;¡;¡ ~~~~~~~2-i ~r..:,~~CnN~5J ,,,''_0. .(I.q~ 0 ç;; <J) VI <J) Z z IZ ~ ~ ~ ~ :: 'g ~ ~~g.~.~ g ~ ~ (D~~~C:~~c~ 11 I 11 11 I :: # 2!: 2!: 2!: r'l fT1,...' ~ ~ ll1 ~ ~ I'~ f;1 C....¡CD~c:ommZ .C.' .~~ ~ If..., Q:¡ ¡'J'I ~ II "; ¡U1. . "'. ./>. "l :r .............. n. _ .J ~('!;..\0J1" '>lo.tt..O Þ)'- bllll\NoweH 9Z-9...-·gr. ~)S'''·¡i8.lt:l~ntJ ·;¡:-N·...·;3NP '5 . ;g ~T"O ....~nO P'z¡¡(') ,,>z ~~?! ~:;¡~ ~t"~ ~~ FEE SIMPLE INTEREST <D o' ,m .¡:o<D UlO')() tv OJ '" N(J1CXJ Do8 o U D ;Ð II) [/I ,.p .... ,.. ~z ':1ß ,- ... % e ;g: " . :! ~ :E M !D 10> ~ 0> cr~ ~~ .. T- 9!'Qv Q? :>3$ >/_ M" ',/, >IS './t MN 'z/ I No. :.IN\'\ ~ '-. 7. .. :i .... .... ". .>....:.:::. ~~_1~' ~ ~~...~'-.... n If.::.:.' r ÚJ ~f Vol " ". (J) o N ..1 0. (.II (.II . ,ODt.... -l (') (') 0) _ (') ()I~ I r-,... -À N Agenda Item No. OB October 26, 004 Page 160 104 N 8 () :u S' ~ ~ I) I:Tz ::r: I ~ .... -0 (") ~ !1 0 (J) ¡: 8 () ~ ... ~ 8 ;'ARCEL NO. I O'~E I \ \ l EXHIBIT-8. Pege-iL 0G2Z Agenda Item No. 08 October 26, 04 Page 17 0 104 .- FeE SIMPLE INTEREST ,c- tlM ENGlhEERS' Pw.t;EAS 'SURI'Ð'OOS 95D Enc:orè Way' N8ø1e$, Florida 34110· Plmo: 239.254.2000' Fox: 239.254.2099 HM PROJECT #2003002 1011512004 REF. DWG. 4tB.4806-1 PARCm" NO, 103C LEGAL DF~<;CRIPTION A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLl.IER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRII!ED AS FOLLOWS; COMMENCE AT NORTHWEST CORNER OF TRACT "X·f", SA'rURNtA LAKES PLAT TWO ACCORDING TO TUB PLAT THEREOF AS RECORDlm IN PLAT BOOK 38 AT PAGES 4S-50 OF TIlE PUBLIC RECORDS OF COLLIER COUNTY. PLORlt)A. THE SAME BEING A POINT ON THE WEST LINE OF SECTION 28, TOWNSHIP 48 SOUTH. RANGE 26 EAST, COt.LlER COUNTY, FLORIDA; THENCE RUN N.02%'5S"W,. AI_ONG TIlE WEST LINE OF SA[) SECTION 28, FOR A DISTANCE OF 1,179.76 FEET. TO TIlE POJNT OF BE¡Qllilill/Q OF TIlE PARCEL OF LAND HF.REtN DESCRIBED; THENCE CONTINUE N.02"IO·S5"W., Al.ONG THE WE1>ï' LINE OF SAID SECnON 28, l'OR A DISTANCE OF 233.69 FEET TO A POINT ON A CIRCULAR CURVE. CONCA VE EASTERL Y. WHOSE RADIUS POINT BEARS 8,86" 18'JO"E.. A DISTANCE OF 2.28 1 .54 FEET THEREFROM; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CUR VE TO THE RJOHT, HAVING A RADIUS OF 2.281.54 FEET. TlIROlJGH A CENTRAL ANGLE OF I ¡"07'44". SlJUTENDED BY A CHORD OF 442.46 FEET AT A BEARING OF N.œoI5'42"E,. FOR A DISTANCE OF 443.16 FEET TO A POINT OF REVERSE ClJRVE. CONCA VE WESTERL Y; THENCE RUN NORTlIERL y, ALONG THE ARC OF SAlD CURVE TO THE LEFf, HA VING A RADIUS OF 2.312.50 FEET, l'HRotJOH A CENTRAL ANGLE OF J4"S7'07".SUBTENDED BY A CHORD OF601.76 l'EET AT A BEARING OF N.()7°2 J ·()O"E., FOR A 1.>181' ANCfi OF 603.47 ""EEl' TO THE END OF SAID CURVE; '11IENCERUN N.O()"()7'34"W., FOR A DISTANCE OF 12.74 FEET; THF.NCE IUJN S.4S"5S'IO".E., FOR A DISTANCE OF 16.74 FEET; THENCE RUN S.OO"07'34"E., FOR A DISTANCE OF 1.07 FEET '1'0 THE BEOINNING OF A TANGENTIAL CrRCULAR CURVE, CONCAVE WESTERL Y; THENC'E RUN SOUnmRLY ALONG THE ARC OF SAIJ) CURVE TO THE RIG!!," HA VINO A RADIUS OF 2.324.50 FEET. THROUGH A CENTRAL ANGLE OF 14"57'07", St.lßTENDET) BY A CHORD OF 604.89 FEET AT A BEARING OF S.07"21 '(¡(¡"W., FOR A DISTANCE OF 606,61 FEET TO A POINT OF REVERSE CURVE. CONCA VB EASTERLY; THENCE RUN SOUTHERLY. ALONG THE ARC 01' SAm CURVE TO THE LEFT, HA VINCi A RADIUS OF 2.26954 H~E'I', THROlJGH A CENTRAL ANOl.E OF 17°00'28", SUDTENDED BY A CHORD OF 671.23 FEf.T AT A BEARING OF S.06"19'J9"W.. FOR A DISTANCE OF 673,70 FEET TO THE fQLNT OF Irn.GJlili.lli.Qõ CONTAINING 0.312 ACRES. MORE OR LESS. TIllS PROPERTY IS SUBJECT TO EASEMENTS, RESER V A TIONS OR RESTRICTIONS OF RECORD. HEARINGS REFER TO TIlE WF-ST LINE OF SECTtON 28, TOWNSIIJP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLOR(I)A, AS BEING N,02"()'SS"W, HOur MÖNTES, INC. CERTIFI(:'t\TJONOF AUTHORIZATION L13 111772 "~{/1.i> ßJI ~ BY ..- _·~..,_.._.._..;._r.!.L_.__ _ .___...... P.S.M. 115628 . .:'THOMAS M. UR: BY STATE OF FLORUJA 'W I:WCNIIO,~tt-t..IJOAU·IßS&MKCI6.,,1Ä Naple$ , Fort Myel. ' Venice ~'~"'-""-'--.'- 2,XHIBIT A ,.1ge~ öt:Q2 I¡ \;(UO$\lOOJOO:i:\I~e '1I.~cb...\C.;W1CJC.d~ lðll Wod4!; Ikt I~. 200- .. !O: oI¡!íw-n PIQtliIC b)', t.1'1ti.Q1rel ;1 "V ~::1I f!!I!z ~ 8"¡t ~ ~r~J... ~¡r~ rå !:2.~ ~¡¡ :::J:~::: Nw4r¡ÕC"< .. g~=.! ~ 11~lli ~ Ililil ~ ~ "-<: tJ) .. :;or;: 'T' -4 () :J: -4 o » (") (") o ¡c "'tI » Z -< » r- 'T' C') » r- o 'T' tJ) (') 3! "'tI -1 Õ Z "D"D @g r ~~ fT1 zz ø ..,., r"1 Z o 00 ..,.,., roc fTlO Q¡:: Z¡:;: ZfTl -z Zo 0", ;;:: "" Z ., FEE SIMPLE INTEREST n ("")()nn~ .>. "" N ~;;¡ ~~~~~ O)t-J.....OO....... (O~N-g i.n i.n ~ UI C ... q q,....... t/J ~ ~ .. ~ I -....J.þo. -Þ> - 01 g~~~¡!J ti~~~~;! :; ~ .' n c .. _. ;U '" '" ",.,.. n;;; ......,00..:1:....{ ~~:~~(t) Vl~ lO. eft 0). 0 F;; .I··t- . v¡\(f'Z Z OOOOO! m¡...... ~ t.D rrt ~~.~~~ ~gg~~ C I I 1: :E:EfT1fT1~ ~~~t~ \ ~~~~(;) q~."!"'.:ï' , .:.J 9~..g'-·~l :)]S"·;1I3HI.nO rr~r~C .;¡~ IV _ ~ V}(j)ZZ r O.,..OOO~ o (,pOt'-.);¡; I-I ~lJ\~q8~ ~ë5~~g~ ~ . . I Z r'TI fTl"':E:E ...._Nº ;... OJ NL.I ~ ~.~~~ ~ - ..þo.. .þ.. I.D. () ['1 Ñ:~-"7 .:NI"I 'S ;¡¡~~"t :~~g C'\~!OI "':;' t;;",;j I In/!; :5;J1-< >, -<>< ~\ PARCEl NO.J 0 3 c.. -- r ~ <..J ¡:; -- ...'t.,.··.(1.1'·'I.I.,'M.~1 l .~o. '.Ii'~ } mo,~ ..--..._.. --,-".-. :z ° .... ..l III o. ~g: ~ . W;=E ~ 01 - 2~ IØ ,",' m-.j .:.. OJ.. '!' N .. (') ~ S' \ \ . "-. \ (')(') I\J ... g (.) ~ S' ~ » n 'tI þ' !i! ~ n ~ ..... 0 () NI'J go.¡ W ;: (') '8 ~ N ~ 8 1) o CD s \ \ I \ --.--......-..-..--.-...-"-"...--. Agenda Item No, 08 October 26, 04 Page 18 0 104 .-..... "_.-,......,_....._."..-.."..,~"...,_....." ,. _..,....~'.._-,.._"'_...."...- EXHIBIT /J Page.J!L of..d,Z Agenda Item No. OB October 26, 04 Page 19 of 104 FEE SIMPLE INTEREST HM HOLE MONTES ENG!HtfRS . Pl.N/I[ßS . IìIJftvrroRS 950 Enoore WaY' Naples, FIodd. 341'0' Phona; 23925<1.2000' Fax: 239.254.2D99 HM PROJECT #2003002 1011512004 REF. DWG. tlB~4807.1 l'A.RCEL NO. 10m UJGAL DESCRWfJON A PARCEl. (JF LAND I.OCATED IN A !'ORTlON OF SECTION 28 AND SECTJON 29, TOWNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY, PLORIDA. HEINO MORE PARTICULARLY DESCRIBED AS FOLLOWS, ,- COMMENCE AT NORTHWEST CORNER OF SEeI'lON 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.02° 1O'5S"E., ALONG TIlE WEST LINE OF SAID SECTION 28, POR A DlSTANC'E OF 163.12 FEET. TO THE fQllil' OF BEGINNING OF TIlE PARCEL OF LAND HEREIN DESCRIBED, TilE SAME .RiliNG A POINT LYING 13.00 PEET SOUTHERLY fROM AS MEASURED AT RIGHT ANGLES TO THE SOlrrIIERLY IUGHT-OP·WAY LINE OFJMMOKALEE ROAD, A 150.00 FOOT RIOfrr-OF-WAY; THENCE RUN S.89°S9'39"E., PARALLEL WITH THE SOUTHERLY JUGHT-OF-W A Y LINE OF SAID IMMOKALEE ROAD FOR A DISTANCE or 154.86 FERT; THENCE RUN S.(J()"OO'21"W., FOR A DISTANCE OF 15.00 PEETTO A POINT LYING 28.00 FEET SOllTJ'IERLY OF AS MEASURED AT RIGHT ANGLF,.S TO TIlE SOUTHERLY RIGlrr.OF- WAY LINE OF SAID IMMOKALEE ROAD; THBNCE jHJN N.89°S9'39"W., PARAl.LEJ. WITH THE SOUTHHIU.Y RIGHT-OF-WAY LINE OF SA) IMMOKALEE ROAD. FOR A DISTANCE OP 154.29 FEET TO A f'OINT ON THE WEST LINE OF SAID SECTION 28, THE SAME HEINO A POINT ON TilE BOUNDARY OF TRACT 150. GOWEN ClAn, UNIT 97. ACCORDING TO THE PLAT 1TŒREOP AS RECORDED IN PLAT nOOK 7 AT I'AGE 96 OF TIlE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA; THENCE RUN N.89"S8·47"W., PARALLEL WITH THE SOUTHERL Y RICllfr-OF- WAY LINE OF SAID IMMOKALEE ROAD, FOR A DISI ANCE OF 116.H6 FEET; THENCE RUN N.OO"OI'13E., FOR A DISTANCE OF 15.00 FEET TO A POINT LYING 13.00 FEET SOUTHERLY OF AS MEASURED AT RIGHT ANGLES TO THE SOU1'HERL Y RIGlIT-OF-W A Y UNE OF SAID IMMOKALEE ROAD; THENCE RUN S.89°58'47"8, PARALLEL WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID IMMOKALEE ROAD FOR A DISTANCE OF. 116.28 FEET TO THE POINT OF BEQ1.t!t:illill; CONTAINING 4,(167.19 SQUARE FEET, MORE OR LESS. TI·¡¡S PROPERTY IS SUBJEel' TO EASEMENTS, RESER V ATIONS OR RESTRICTIONS OF RECORD. BEARINGS REllER TO THE WEST LINE OF SECTION 28, TOWNSHIP 48 SOUTH. RANGE 26 EAST. COLLIER COUNTY; FLORIDA. AS ImiNO S.02"¡O'5S"E. HOLr;M<)NTI~S, INC. CER'I11.'ICA'I'lON OF AUTHORIZATION LB #1772 ,Jj' ~ '.. ..~.". ..ft, BY . ·~i}ro~AšM. MlJ p~ry-·---···li.f.~::~;~;~'u)RJI)A V¡.'·\*,\J('Q·.IOII1\l.I¥)AlDf~ft"'O/.I"'1I! Napte~ . Fort MYDrs . Vemce EXHIBIT/) Page-1£ of ,-2'1 U,\~l)1.13\1.00~t)02\t"~1I s,W1t:1l..\CWHJJU.1Þ-g 1ab,. "'ad.: Od IS. 200~ - 1().4f11;1II ~HtlØ L1f. g,...,tiU.,dl II ~ >::10 ~!! ~ z 0·' :L 11...... CI ... ¡¡CI:1!.UI !In-:O Õ.........· 1"1 :J 3¡N ?; Z¡;~ 0 ~" I ",;I -tiN .... .... g-oE "'0 -0 N_ 0,,< tt l~iiliiI§ð ¡I~III ;: il.1 ~ ~ -.;: VJ to " fT1 -oj (") J: ~ o > ('") ('") o ¡r .." > Z -< > r- fT1 G') >- r- o fT1 (/) ('") :!! .." ~ o z ;¡j O~ Vol" . O~ o N .MItL-........ Z """" @g ..g FEE SIMPLE INTEREST (J ~ > '\j :I: o (; r '0"0 1"1 ~ª G') ...,..., 1"1 ~~ Z o S' ,.... 1\ :r ~ :z: II ;:¡ 01 l"J o .,¡ æo r~ 0 0S:: ZS:: ZM zZ r.)~ r ", z ... A\ACEJ. NO. ( () 3D I~ I~ (J) I~ (XI "' to I~ ~ ; 00, ~ ¡? ...¡ " . ~ fT1 if, UJ " n '" > ~ .. r" .~~~ ~~Q ~~¡g U~-.9.-QZ NOU:fJS jNn 1$:IM .?;n:9~ :3 .'òS,OL.?:O S '" o 1::;¡.OO' \'\,01)' ~ -p; 00 01. -f - 30' DAAiNIIO[ EA!CMtMT p[R PLAt Ie 30' RIGHT-Of-WAY E~'f O.R. 2$1, PO. J7'ia .J-- .,- - - z 00 to ui to ui to . I~ CD ~I to ~I u ~j ~ N u:> N CO "1'17.'" t~",o ..~nO :~¥ ; L1)m '" '" f.1 .. '" ~ ~I ; ~ ~ L___________'I~~___,______J ~ .. I ... _I~ 1J,OO' '~,OO'... -...... I~ L1 .. I~' ~. Ul ~ -í . I'~ C) ~ :;u /"" ~ ,"Ir C ¡~ N'-. Z .'.".... ~ '" '" (.") n -< I; ~. X) ZUI r ---I ~ OOOZ '" I " 100 ;¡; '" ~ () CO Iii ddm..., "' _on» ..þ. ":,.j:::QJ -n tHl .--; ~ r:1 I Oì >:.J "'::IE ~ ,~./ ~ '" I J> ... ~. (j) -< \::) '" U> -< I 8 8 ~ , . [1 M I Agenda Item No. OB October 26, 04 Page 20 of 104 N o N I----' ,.- _....,,-,.,----._-~ ....--...---...-......-.......-".....-.. --."".----.---'.----.......-.-.---..'"'--."'.. EXHfBfTL Page--1Q. of~ Agenda Item No. OB October 26, 04 Page 21 of 104 FEE SIMPLE INTEREST HM HOLE MONTES EIIGI/Æ£AS . PtAN,'41'RS . 5æl'EYœs 950 E"COIO W,y' Napl... Florida 34110· Phon6: 239254.2000' Fa.: 239.2542099 I..EOAL DESCRIPTION HM PROJECT 1!20m002 lOt J S120()4 REF. DWG. #8-4808-1 !'ARCHL NO. 103E A I' ARCHL OF tAND LOCATED IN A PORTION OF TRACT J 50, GOLDEN GATE UNIT 97, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7 AT PAGE 96 OF 'l1fE PUBLIC RECORDS OF COLLIER COUNTY. FLOR))A, BErNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT NORTHWEST CORNER OF SECTION 28, TOWNSHIP 48 SOlrm. RANCI(¡ 26 BAST. COLl.IER COUNTY. FLORIDA; THENCE RUN S.02°1 0·5S"E., ALONG THE WEST LINE OF SAID SECTION 28, FOR A nrSTANCE OF 163.12 FHErr, TO A POINT LYING 13.00 FEET SOUl'lŒRLY FROM AS MEASURED Ar RIGHT ANGI.ES TO 'ŒE SOUl1lERLY RIGHT -01"- WAY LINE OF IMMOKAI.EE ROAD, A 150.00 FOOT RIClHT-OF- WAY; THENCE RUN N.89"58'47"W., PARALLEL WITH THE SOlJTIŒJU.¥ RJOHT-OF- WAY LlNB OF SAID IMMOKAŒë ROAD FOR A DISTANCE OP t 16.28 FEET TO 11m EQJ,Nr OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBr~.D; THENCE RUN S.OO'OI'I.rw., FOR A DISTANCE OF /5.lX FEET '1'0 A POINT L YINe¡ 28.00 FEET Sotf/'HERL Y OF AS MEASURED AT RIGHT ANGl.ES TO THE SOU'J1ŒIU. Y RIOJrr-OF- WAY LINE OF SAID IMMOKALEE ROAD; THENCE RUN N.89'58'47"W., PARALLEL WIlli TI-IE sounŒRLY RIGIIT-OF-W A Y LINE OF SAID IMMOKALEE ROAD FOR A I>IST ANCE OF 312.2J FF..ET TO A POINT ON A RIGHT-OFW A Y EASEMENT AS RECORDED IN n.R. BOOK 251. AT PAGE 379 OF'mE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; TJlENCE RUN N.()()"26'30"W., ALONG SA) RIGHT..OF-W A Y EASEMENT RECORDED IN O.R. BOOK 251 AT PAGE 379 OF THE PUBLIC RECORDS OFCOLLlER COUNTY, FLORIDA FOR A DISTANCE OF 15.00 FEET TO A I>OINT LYING 13.00 FEET SOlJrIlERLY OF AS MEASURED AT RIGHT ANGLES TO THE SOlJTHERl..Y RIOHT-OF-W ^ Y LINE OF SAID IMMOKALF.E ROAD; THENCB RUN 5.89"58' 47"E., !' ARALLEL WITH THE SOUTHERLY RIGHT-OP. WAY LINE OF SA) rMMOKALBE ROAD FOR A DISTANCE OP 312.33 FEET TO THE POINT QEßEGINNlli.Q; CONTAINING 4,684.()9 SQUARE FEET, MORE OR LESS. nus PROPERTY IS SU¡'¡JECT TO EASEMENTS, RE..t¡ER v ATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE WEST LINE OF SECTION 28, TOWNSHIP 48 SOtJl'll, RANGE 26 EAST. COLLIER COUNTY, FLORIDA, AS BEING 5.G2° 1O'5S"E. HOLE MONTES, INC. .. CER11FICATI~ OP.Aln'HORIZATION LB #1772 ~ .j' .. ' ~' .II .'>: .. .' . BY ~(I.:..jl.!l::r~~~..:.___._..._.___ P.S.M. #5628 . TfI(nMÂŠ~MûP.Ï>HY STATE OF FLORIDA ; , .... ~ ,. " ,~. - . .; ",\. W:UW)..!l'IrolllQN.l~nAll~,I.:tut:.I.'III:.: tv.pI.. ' Fort Myers· Venice EXHIBIT /J PaoeJL of.d:1. U: \aDOJ\2r;f.jJOQ2\luk~ p..,\ø-...\CWIOX....¡¡ Tuu: lII.odel Oct 1:', 200ft "." 10: :)2om P'olllu by: Þ."No.,cJj II 1(4 ." :1' >::¡i i~.. z :1. o..........g 10 !:fø:..tJr !i.i-IIO Õ .......a ", :s N:!!~ Zñ~' 0 ~!!.~~¡ ...,·O-~ ~ 2- g Ô~ Of I~~~§ ~ ¡I~II! ~ il.1 ~ ¡::;¡¡ ...... (J) Of ;II:; M -I (') :J: -I o > (') (") o 1C -C > Z -< > r M (j') > r -13 " 00 r.DO r -u" fT1 ~ª G) -I -I fT1 ~~ Z rno 0 "'0 Ç)~ Z~ Z'" -z Zo "',.,., i!:: ... Z -I FEE SIMPLE INTEREST I H:.--RmHT=~~~~~V E'S£:~N-:--\ O.R. 25'. PO. 379 _____ __I L2 o M II) (") :;u =ë ::! o z I I 1-'-"'- z 1/)1 œ ~I IÞ tit œ œ ~ ~I -.. . . ~ r'l ~ ~I !'o' ~g~ ~ ~I ~iQ ~::¡Iš ~ c: ~ ¡ "1 Z'" r 88Q~ tJÓ~-f ~-:O)oo '-" -- ::; (IJ 0'-"0' I "Z f'T'1 :E :E ; -r- a --ü) µ.µ.~ 8_~ ~ "j _J -.----.--- g s ~ n þ' - ~ i 'IJ (II I'J o ~ U' o Agenda Item No. 08 October 26, 04 Page 22 of 104 MIlt......- Z '~o.oo· ...._..".__m...______..___..___..·_····__········"·..___~~..... '5.0Q' - ---. - .-t 1J 00' I~( ----" 18._ 0 Z T CD m ~ ~ IT- ; I; ~ ~ ml i-.> I cot ø ::u ~ '1J ~ o () ? (IJ .. () .. ~ t""' txj PARCEl NO.J () ~ £. -' (J\ o ~ :;:0'/--"" ~ ~~~~~ I . '" o co ~ .'l µ. "1 (J) I ~ :?:. '-.~/ a J> ~ -< \::) ~ ~ '" ,^ z .,II!.. ~go :;:2~8 rrl~';]O ~'r. ,-,~v-w¿ ",:olJ,:r:Js '}~~nlS3M .zn:9~ :3 .1#1#.0\.1:0 S N \.D N 00 N C> N ¡.....-¡ Agenda Item No. 08 October 26, 04 Page 23 of 104 EXHIBIT A Pege-1l 01..:22 TEMPO~DRIVEwAY RESTORA11þN EAs£MENT (DURATI~:3 YEARS: FROM COMMe~:OF CON~TRUCT10N) '~----'-'-'--- HM HOLE MONTES ENGINEI:I!.~ PlANNERS' SU!MVOHS 9SO E""or. Way, NIp/eo, Florida 34110' Phone: 239254.2000. Fox: 239.2542099 -- HM PROJECT #20030002 IO/lSn004 REF, DWG.IŒ.49Cio-¡ PARCEL NO. 703 Lf'~GAL Df;SCRIPTION A PARCEL OF LAND LOCATED IN ^ PORTION OF THE WEST ONE HALF OF THE NORTHWEST ONE QUARTER, OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 28" TOWNSHIP 48 SOUTH, RANOE 26 EASI'. COIJ..IER COUNTY. FLORIDA, BEINO MORE PARTICULARLY DESCRIBED AS FOLLOWS: ,- COMMENCE AT THE NORTHWEST CORNHR OF 'IRAer "X·P", SATlJRNIA LAKES. PLAT TWO, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 38, AT I'AOR~ 45 THROUGH 50 OF nm PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SAME BBING POINT BEING THE SOtrruWEST CORNER OF lllE NORTHWEST ONE QUARTER OF SECTION 28, TOWNSHrP 48 SOUTH, RANGE 26 EAST, COLI.IER COUNTY, «U)RtDA.; THENCE RUN N.02°()'5S"W.. ALONG THE WEST LINE OF SAID SECTION 28. FOR A DISTANCE OF 853.79 PEET: THENCE RUN S.87°49'05"W., FOR A DISTANCE OF 137.00 FEET TO THE POINT OF Ð~-º OF THE PARCEL 01' LAND HEREIN DESCRIBED: THENCE RUN N,02° 1O'5S"W.. !'OIt A mSTANCE OF 49.99 FEET: THENCE RUN S.77°52'S4"E.. FOR A DlSTAN(:E OF 40.S0 ¡''EET; THENCE RUN S.02°10'SS"E., FOR A DISTANCE OF 29.97 FEET; THENCE RUN S. 73 °29 '23 "W., FOR A DISTANCE OF 40,50 FEET TO THE POINT OF .!lliQl~JS.lt:-!Q: CONTAINING 1,5690 SQUARE FEET, MORE OR LESS, THIS PROPERTY IS SUBJEC'I' TO EA..'ŒMENTS, IŒSERV Al'IONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO TIlE WEST UNE OF SECTION 28, TOWNSllll' 48 SOUTH, RANGE 26 EAST AS BEING N.02°]()'SS"W. HOLE MONTE$;.IN<:, Cl-:RTIFlCA:J1ÒN OF AUTH(iRIZATION La #1772 .' ~ . .._ f BY -tJ~t~______ P,S.M.1I5628 TllOM,A.';~.M·~ STAT{~ OF FLORIDA ''- ,:/ ./'[ W'\JnuNIIÐJ~i2U..GAIIJt~ b Naples' Fori Myers' Varlir..e --,-_.__._._......._~------ EXHIBIT A page-.J£ of.dZ ~ ~ .. '" ~ "'0 ''0 00 œn r "" 1"'1 00 ø zž -i-i fTI 00 Z ."." 0 [DO ITI 0 9;::: z;::: zm zZ C)~ ;::: m z -, II " >- ~ tl~ f ::I. " 4Þ'2. IØ i~';J~ ::> ~~?¡¡ zñ... 0 ?,Q ~~¡ ...,·o~~ ¡j 2. 8 ô~ It I~·¡¡;I ~ ¡ ~II~ ~ 111151 ~ ~ (J) It ^ 1"1 -I C) :J: -I 0 >- n n 0 s:: ." >- Z -< >- r r tN 1"1 C> >- r- c 1"1 (J) n æ ." -I Õ Z ~ 0° gz c....a ez o~ p 0 N "- '0: ::a~fn I>¡otl.d toy. btI"~o.ell Agenda Item No. DB October 26, 04 Page 24 of 104 ~ ø ::ó ;¡:~P' Ii...... > ~hg ( '\ 11 ;) ::r: "D-J I ~ ,,> ..... :~~ " n '!'I;¡ ~~ U1 ~~!:1 ? .. Î.I ....,1 ~!.¡ -" > ~ ~ ~ 9¡ "9. -9f. ~]S 'HJ1~lfnt1MN ']Nrl 'S ~ ~ :~. ~ .Þ.LNN~Z Pl (J) 1I1 (J) Z r- -.J 0 '-J '0 0 Z LNN-.JI'V;¡j(T1 N ..1 ¡J, ~ (T1 -\ (DaNaO> Ñtñtñui:::!QJ ~U;.>.,U;~F, ::E(T1(T1i::E . ~ ¡ z a >.) ...1 a ui (]I I ~ (XI (]I ~ V' " :.,¡ '" 9- (D. " '" ).. .. , '" '" TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) o '>'N.:>(J1lÏi a.w a a -\ U, lo U, 0 >z o'-Jaa .. .. .. .. 0 (T1 -u o ro .OO·L£~ M ..90,6."L9 S '-¡Iß PARCEL NO. - ...-.-.....-......--...,."-....,--..---. ..--.__._...._-_..~-...__...._- ..--...----.---.-...--. -.---. Agenda Item No. 08 October 26, 04 Page 25 of 104 EXHIBIT A Page..dQ. of ,.;:,'/'{ FEE SIMPLE INTEREST tlM ENGINf!RS· PlA/fJERS SURVEYORS 950 Ene",e WaY' Naples, FloIida 34110, Phone; 239.254.2000' Fax; 239.254.2099 UM PROJECT #2003002 ]0115/2004 REF. DWO. #B-48(ß.] PARCEL NO. lO4A LEGAL DESCRlI'TION A PARCEL OJ· l.AND L<X~ATED IN A PORTION 01' SEC'f'ION 28, TOWNSHIP 48 SOUTH, RANGE 26 HAST, COLLIER COUNTY, FLORIDA, BEING MORE P ARTICtJLARL Y DESCRIBED AS FOLLOWS: COMMENCE AT NORTHWEST CORNER OF SECTION 28, TOWNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY. FLORIDA; THENC'Æ RUN S.02"1O'5S"E., ALONG THE WEST LINE OF SAID SEC['JON 28. FOR A DISTANCE OF 150.11 FEET TO A POINT ON THE SOUTHERI..Y RIGHT-OF. WAY UNE Or:IMMOKALEE ROAD. A 150 FOOT RKHfl'·OF-WAY; THENCE RUN S.89"59'39"E., ALONG THE SOUTHERLY RIGHT-OF-WAY UNE OF SAJD IMMOKALEE ROAD FOR A DISTANCE OF 330.14 FEET. TO THE I>OINT OF BEGINNING OF THE PARCEl.. OF LAND HEREIN DESCRIHED. THE SAMB BEING A POINT ON THE WEST LINE OF THE EAST ONE HALF Of THE NORTHWEST ONE QUARTER OF TIlE NORTHWEST ONE QUARTBR OF THE NORTHWEST ONE QUARTER OF SAID SECTION 28; THENCE CONTINlJE S.89"59'39"E., ALONG TUE SOUTHERLY RIGHT. OF· WAY LlNB OF SAID IMMOKALEE ROAD r'OR A DISTANCE OF 660.28 FEET TO A PorNT ON THE EAST LINE OF THE WEST ONE HALF OF THE NORl1lEAST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECl'ION 28; THENCE RUN 5.02°11'41 "E., ALONG TIlE EAST LINE OF THE WEST ONE HALF OF TIlE NOR"IllEAST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF THE NORTI-IWEST ONE QUARTER OF SAID SECTION 28, FOR ^ DISTANCE OF 2.00 fEET, TO A POINT LYING 2.(X' FEET SOlJTllERL Y OF AS MEASURED AT RIGHT ANGl.ES TO TIlE SOUTHERL Y R!GHT.OF. WAY LINE OF SA) IMMOKAI..EE ROAD; THENCE RUN N.89"59·39"W., PARALLEL WrnI THE SOUTliERLY RIGlf'. OF- WAY LINE OF SAID IMMOKALEE ROAD FOR A DISTANCE OF 605.92 FEET; THENCE RUN S.OO"OO'2!"W.. FOR A DISTANCE OF 15.00 FEET; THENCE RUN S.4.~"37'19"W.. (-<'"OR A DlS',ANCE 01'66.01 FEET; THENCE RUN S.00"07'34 "E" FOR A DISTANCE 01' I ¡, 5 FEßT TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCA VI! WESTEIU.Y; THENCE RON SOUTHERLY AI.ONG TIm ARC OF SA[) CURVE TO TlI.E RIGHT, HAVING A RADIUS 01' 2.459.50 FEET, THROUGH A CENTRAL ANGLE OF 01"57'04", SlJrlTENDED BY A CHORD OF 83.75 FEET AT A BEARING OF S.OO"50·S8"W" FOR A DISTANCE OF 83.75 FEET '1'0 THE END OF SAID CUR VB AND TO ^ POINT ON THE WEST LINE OF THE EAST ONE HALF OF THE NORTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF THE NORTHWEST ONE QlIARn:¡R OF SAID SECTION 28; THENCE RUN N.l)2"ll ' O"W.. ALONG THE WEST LINE OF THE EAST ONE HALF OF THE NORTHWEST ONE QUARTER OF TIlE NORTHWEST ONE QUARTER OF TIlE NORTHWEST ONE QUARTER OF SA[D SECTION 28, FOR A DISTANCE OF J58.18 FEET. TO THE POINT OF BEGJNlS.lliQ; CONTAINING 3,742,55 SQUARE FEET, MORE OR UiSS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERV A'rtONS OR RESTRICTJONS OF RECORD. BEARlNGS REH!R TO THE WEST LlNE OF SEcnON 28, TOWNSIIIP 48 SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA. AS BEING S.02°10'SS"E.. HOLE MON'IJlS. INC. CERTIFICATION OF AUlllORIZATION LB #1772 BY _~v ..1!t.," "Ulr~~___.__.._. P.S.M. #5628 JHOMASM:~~ïïHŸ' STATE OF FLOIUDA ""·.1U'):~IItJ1(O/'"~I'.li"\U:If.5...roJ.I.~.. Napl.. . Fort Myers· Venice . ..~----- EXHIBIT .A Page.Ælof..:iJ.2 Agenda Item No.1 OB October 26,2004 Page 26 of 104 \0. !leon, I·jolt..~ b)~ o~<o.,,, '1] " 00 a¡ n MItL........- Z FEE SIMPlE INTEREST -¡¡" go zz -< -~ 00 ï "T\"'1 fT1 tD () G) º ft fT1 ~ ~ Z z~ 0 "'fT! >:: fT! z -< õ " (} ~ 5"~ ~ 0 :r !i! ~ ~ ~ ..... " () g ~ Cf) ... '" () r+ " ;J> t-< M õ " rv o tv ~ WE.Sl UN( ~t:C'\ON 26-4t·H<1.6 150.'" 5 02.,0'55" E tv ex) tv f--1 ~. - -·-r rr,....·r,íz.:. (J1.þ..(..Itv- JT! I ;1 (/J IX> '" <10 '" úi "', 'n 1"1 ? ., ¡¡; '" '" '" ".; p '" ~ '( " 7.-. \J 0 (IJ ._ _. _n_ ZI.nlf)U'}1J') r ¡::n5~8oQ~ .t . .'. N ;Q " ov..O..JI'Tl-¡ -"......¡.....,¡ o~.. n >- -u¡-".;"sPo"::1W q~.~"""-I£r:;; ~ 1'1::E::E fT! .....r.17.-O ~~"O ~!!~() r~,"" '" '" " ,., pO .. ,., " ::r r..,g f[!I! z :1 Q..-...e 40 N0f.~t.ft !io-IO o !...... ~ =N;""~ Z[~rg !' ~ I \>Iii .....N.... ::jog::~ N....OO~ .. - '" - º g::~~mY1~~ , ..... 0 aD> ¡; 0: -~ 0 C? Z . . - ~ W "H!:.l 1/2. ~W 1/-. N~J_!/I, N'N _~L~Slr. 2a,:~_6·-2(ì C1 .. S=iiI*1 ð ¡S~ln ~ Ilis:1 ~ ~ "'" .. FARCEL NO. IOJ.! A I I 150.100' ·········..--1 ,--.'-'-' i 18 n", -~ ~;:u 0' » ",0 u,c: 0_ (/) (J) '" !::1 o :J: - o >- o o o s::: "'t1 >- Z -< >- IJ) Z ~ 01 Ó1 IDID (J\vi ID ID vi · IDfTI . o - 0 01", .....- 'i~ . () c ;:u œDi!ií U :J: --I ;., ~H; O!or:;; ::E (') (') 0'/9 ON !J1 01. ID N. r; I~ :~~~ ---0 ~;..) ::.: b~ ~ T\ C1> ~.~ >;, ,. ¡D -( ~ \:) {I) ~~ IJI> q;:u g;z .'" :E M G") >- ï o 1"1 VI o ::0 "'t1 :::! o z . . '.ocr œ¡:;; $"z ....Q or.... -:I: f Ln·J(" w ~/2, t~C1/4, t-tW 1/4. ,~w j /4. sc_t. jl8-· o\H- :.!(i L1 I ..........-...--.-..-.--.-.- . .............-......-...-....-....-.....- EXHIBIT_/) Pageß¿ of_r!ð.. Agenda Item No. 08 October 26, 04 Page 27 of 104 FEE SIMPLlË INTEREST: . ---'___M___ tM ENG/ffns· F1Mt*11S . SIJ1m1Jns 950 Encore Wey' No,,!... Florida 3.4110, Pilon.: 239.264.2000' F." 239.254.2099 LEnAL DESCRJlYI'lON HM PROJECr 112003002 1011512004 REP. DWO. IID·48í I_I PARCEL NO. IIUB. A PAnCEL OF LAND LOCA'IED IN A PORTION OF SECTION 28, TOWNSHIP 48 SOUTH, nANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MOnS PARTIClJLARL Y DESCRIBED AS FOLLOWS: COMMENCE AT TilE NORTHWEST CORNER OP SECTION 28, TOWNSBJP 411 SOUTH, RANGE 26 BAST, COLLIER COUNTY. FLORIDA; TI IENCF. nUN S.Ol" J O'SS"E., ALONG THE WEST LINE OF SAID SEe"nON 28, FOR A DJS'I'¡\NCE OF 150.J I FEET, TO A POINT LYING ONl'HE SOUTHERLY RIOIrI'-OF-WAY LINE OF IMMOKAI..EE ROAD, A 150m FOOT HIŒIT·()F-W A Y; THENCE RUN S.89°59'39"E.. ALONG THE SOUTHER/... Y R rmrr ·01'- WAY LINE OF SAIl) IMMOKALEE ROAD, FOR A DISTANCE OF 330.14 FEET TO A POINT ON THE WEST LINE! OF TIlE EAST ONE HALf' OF THE NORTHWEST ONE QUARTER OP THE NORTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAm SEenON 28; THENCE RUN S.02°11·JO"E.. ALONG TIlE WEST LINE OF THE EAST ONE HALF OF THE NORTHWEST ONE QUARTER or THE NORTllwr"sT ONE QUARTER or THE NORTHWEST ONE QUARTER OF SAil) SECTION 28. FOR A mST ANCE OF l58.18 FEI!."J.·, TO 'fl Œ ~.lliJ!!:!IilliQ OF THE PARCEL OF LAND HEREIN DESCRIBED AND A POINT ON A CIRCULAR CUR VE, CONCA VB WESTERLY, WHOSE RADIUS POINT BEARS N.88"W·30"W., A DISTANCE OJ> 2.459.50 FEET T1 IEREFROM; 1'1 LENCE It UN NORTI IERL Y ALONG THE ARC OF SAID CUR VE TO TIlE U~Fl', HA VINO A RADJlIS (IF 2,459.50 FEET. TlIROlJOH A CENTRAL ANGLE 01'01°57'04". SUBTENDED BY A CHORD OF 83.75 FEET AT A BEARING OF N.OO"50'58"E., FOR A DISTANCE OF 83.75 FEET TO TilE END OF SA[) CUR VE; T1ŒNCE RUN N.()(}"07'34"W., FOR A DISTANCE OF 11.15 FEET; TflENCERUN N.4s037'19''[!., :'UR A DISTANCE OF 16.75 FEET; TIIENCE RUN S.OO·OT:WE., FOR A DISTANCE OF 22.84 FEET TO ''J-IE BEOlNNlNO OF A TANGENTIAL CIRCULAR CUR VI!, CONCA VB WESTERLY; THENCE RUN SOUTHERLY ALONG 'mE ARC OF SAIl> CURVE TO THE RlmlT. BA VINO A RADllIS OF 2,471.50 I'BET, THROUGH A CENTRAL ANGLE OF 04"51·5()". SlIHTENDED BY A CUOfm 01' 209.'74 fEBT AT A BBAR1NO OF S.02" 18'21 "W., FOR A DISTANCE OP 2m.81 FEET TO THE END OF SA)) CURVE. THE SAME BEING A POINT ON THE WEST LINE OP THE EAST ONE BALI' OF '' IE NORTHWEST ONE QlIAR'J1~R OF THE NORTHWEST ONE QIJAItTER OF TUE NORTHWEST ONE QUARTER OF SAID SECTION 28; "!lIENCE RUN N.OZ'J l'IO"W.. ALONG THE WEST LINE OF TIlE EAST ONE HALF OF THE! NORTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF TIlE NORTHWEST ONE QUARTER OF SAID SECTION 28 FOR A DL<;T ANCE OF 125.90 FEET TO THE r~£ !lliQlliN!N!J; CONTAINING 2,03 1.82 SQUARE FEBT, MORE OR LESS. TIllS !'ROl'ERTY IS SUBJf!CI' TO EASEMENTS, RESER V ATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE WEST LINE OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COU.JER COUNTY, FLORIDA. AS BEING S.02"IO'55"E. IIOLE MONTES, [NC.. .¡ CER'I'IFICATJON OF A(T¡i¡-iOlUZA/noN LU /11772 . . dJ .," ßY::~~~"íi~~~--' .. ...._.I'S.M. 1t5628 STATE OF FLORIDA .. .... '\ ,- W'\''''/OIlI\JlIO.~IIU''.fi!};\!lW1'~' .I .Ii.: Natul . F Ofl Myers . Vel1~& ~.. _._~~._._,,--~.- ..'<..--- II ~ ~::Jg ;:g,!'!z g n._ a 40 ¡;¡' 0 :"2. or §:~~~o g:1 !š' ::r::¡;~?g !' 9. I \0< iI -.N.... '-I 0-:( '-IoO-a ~ ..... 0 0"< ~ S~¡¡:¡¡:~ ~ iS~lla ~ 1111:1 ~ ~ -.: V) " ^ IT! -t (") :r -t o > (") (") o !:: " > Z -< > ï 1"1 G) > ï o TI VI (") ;;0 =u -t ð z or o N EXHIBIT A page..Qi of....z¿ '0 '0 00 mo 'lJ'O 00 zz -~ -< 00 ."." rno (TIO Ç?i:. zi:. z'" ZR G) (T' !:: (TI Z "I r fTl G) 'T z c PARdEl NO. z 0 N ~ ..... .... 0 . :é: .... N U1 0 io N 0. ìJ o [D i=EE SIMPLE, INTEREST o ~Q~ ~ )tJr6 '" '" ;0 ~¿;> ."~ ~o '" u,("ë o.q (f} '" -. ~. ~ ~ (J1O""¡ ~ ·þ.r » C;~!:;~ '" () c - :;0 N ()~ g ~ J: M.'. , :..., 0 > """¡U1:t1CD "0 ·0 ¡;:; V'>ZZ r O.þ.DDZ 0010 ;¡; f'Tl ot,jd",- '-I-.¡-.¡o,.. ú,..;ui~tD ..þ. r.o ..þ. 0 r- , ~ J Z '1'1 rr1 ." ~ III 2, °800 tj . ~ 0?8 ~ ~~z . . G) .. r~ o "'--V1 t""~:-~ ~.~.(j;. ~ fT1 N ex> ,.. 0 '" ", '" ~ Z ~ {") (J1 ,., Z J: :I; ~ III '(:f. c ;Þ r '" z~\ ::! :1;. - ~... r~, ~ ,~ 1'1 þo......... If)!" !: (T1 r ~ () z (,¡ 1.>" (J1 ",:!' ~ '" .. I ',,- O? .... 00' I '" '" --- )Nrl M-fJ-t\ X"lt;t:.!Hl.noS .. ~ '01:1: :3 .61:,6;'69 S A \¡' Mj 0-' I, 1-·1:) I~'¡ ,0 ç'; l ~. (qþ 9 . d J ) aV08 337V)/OWWI g; Gl ::u S' ..... » n 11 þ' - 2: :r: ~ ~ ..... 0 (') [Jj ? ..'" () '" » ~ ~ .,01 0 ¡ CII ~ß ~\ ...I c: OOþ ¡t,~ n~ " \? . '" .... z :01'\;" ~gg . ~9,;g 8Z: I ",;;: go ._._ _~.. .....R __.t._......__.____._._._ ~... H.'_ ....... .....~..._.._.~_~.____~_'~.. .__ __ _ _.._~m._..."_".".'..m_.___~ -.' ..._._..~_..__......_~ . Agenda Item No, DB October 26, 04 Page 28 of 104 ~g &::: , . '" '" 6l __6 _.~._._~_,___m_ II OZ: _..h._..._h__....U"....h_·".......__~..._....h_._,...___.__,. ..". ___.._·.._...."._...._h"._......_.... EXHIBIT -LJ Page~ 'ot-::æ¿ Agenda Item No. OB October 26, 04 Page 29 of 104 FEE SIMPLE INTEREST -----.-..- HM HOLE MONTES flIGII'IRS·I'tANNERS .MVEYORS 950 El\OOr. WaY' Napløs, Florida 34110 '1'ho!1e: 239.2S4.2000' Fox: 239.254.2099 HM PROJECT #2003002 1011512004 REF. DWG. 118-4809-1 PARCEL NO. I04C LEGAL DESCRIPTION A "ARCEL OF I..AND LOCATED IN A PORTION OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, H.ORlDA, HEINO MORE 1> ARTlCULARL Y DK,)CRIBED AS FOu..OWS: COMMENCE AT NORTHWEST CORNF..R OF SECTION 28, TOWNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY. FLORLDA: THENCE RUN S.()2"1O'55"E., ALONG THE WEST LINE OF SAID SECI'ION 28, FOR A DISTANCE OF 150.1 J FEET. TO A POINT LYING ON THE SOUrHERL Y RIGErr.OF- WAY LINE OF IMMOKALEE ROAn, A 150.00 FOOT RIGHT-OF-WAY: nlENCE RUN S.89°59'39"E., ALONG THE SOUTHBRL Y RIGHT-OF- WAY LINE OF SAID IMMOKALEE ROAD I'OR A DISTANCE 01"384.58 1'13In': THENCE RUN S.OO"OO'21"W., FOR A D!STANCE OF 2.00 FEET''() A I>OlNf LYING 2.00 FEET SOUTHERLY OF AS MEASURED AT RIGHT ANGLES TO THH SOUTHERLY RIGHJ'.·{)F-W A Y LINE OF SAID !MMOKAlEE ROAD, THE SAME BEING THE I'OIN'[QI' IH.ìGl~J~J.!'iQ OF THE PARCEL or> LAND lIERl!rN DP.sCRIBED: THENCE RUN S.8C)DS9'J9"E., PAR A LLEL WITH TIlE SOIrnlERL Y RIGHT-OF· WAY LINE OF SAID IMMOKALEE ROAD FOR A DISTANCE OF 44.00 FEB'f; '11IENCE RUN S.(Xt"O()'21"W., FOR ^ DISTANCE OF 15.00 FEET TO A POINT LYING 17.00 FEET SOUTHERLY OF AS MEASURED AT RIGHT ANGLES TO THE SOUTHERL Y RIGIIT-OF- WAY LINE OF SAID IMMOKALEE ROAD; THENCE RUN N.89·59'39"W.,I'ARALLEl. wrrH 'nœ SOlfI'HERLY RIGlfl'.OF-W A Y LINE OF SAID IMMOKALEE ROAD FOR Å DISTANCE OF 44.()() FEET; THENCE RUN N.OOO(X)'21"E., FOR A DISTANCE OF 15,00 FEET TO THE fQ!1'IT OF BEGlNN[NG; CONT AIN[NG 660.00 SQUARE FEET, MORE OR LESS. nlIS PROPERTY [S StJBmCT TO EASEMENTS, RESER V ATIONS OR RESTRICTIONS OF RECORD BEARINGS I~HFER 1'0 THE WEST UNE Of' SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COIJJER COUNTY, f'l.OIUlJA, AS HEJNG 8.02"IO'55"E. HOLE MONTES,¡N<:. CER'I'lf1ICATION' Of' AUTHORIZATION LB #J772 BY ---i.¿~t.l!!L ~A~__.__ P.S.M. #5628 THüMAS M:M"tr{P~-'- STATE OF FI.ORIDA y,r:'.zoaN,.UOlJNJ'''(IAIJX'Jj,D4~1 «-: .-- N."I..· Folt M~.r. ' V.",co ~~I~~ of~fJ .,.-- ---.----.-...---.----.."..-.......-.-.......--..---" II 1 ~:!g 13. ~ z ¡:¡...........g '" g"'"2.tJI ~~.;~O o PI ::I;!;",?:I z=~ S ? å I \>IiI -.N...... .... §...~ ......0 -0 N.... 0-< .. 1~~1iI~ ~ Ii ~II!;: 1111:1 ~ ~ --.:: U) .. ;:II: ~ n :I: -i 0 > n n 0 J::: ï:1 > Z -< > r- M G) > ï 0 M tI) n ~ ï:1 -i Õ z i! 'iJ o~ VoI~ ~ o~ " z p 0 N ."." 00 tDO ï ~ 1) 'T' ~~ G) ........ 'T' 00 z """"0 roo 1'10 .:n::: z:!::: Zl'1 -z Zo C>", :¡::: ", z .... .,---" -- -- --- -.---- ! ,- 1 r- ,- ,- ,- sz I u. .o. <..I'" ,., ZZ (fll/} LI'I C 8m co> oaz 0<0 q :5 ,.., óul dul o ,,, -1 0<0 0'" 00> rJvi ,....)tÄ Ñ;::ro ~<O -<0 -0'- , . , . ' z rn "'::e ::e",::e 0 -. ..þ -". tv ~ U1 .1> U1.þ. 66 66 8> q o~ o~ 0. _ z n ,., l_ ___. _L_L_L ~':UJ(ì' _ "'\J o IIJ r ~ FEE SIMPLE INTEREST 37.-'1I~-'Bl NOll:'J3SJNn J.5JIA .H'O"~ 3 .t¡¡;.OL~O S Agenda Item No. 08 October 26. 04 Page 30 of 104 JftIIt...-..... Z tv \.0 tv 00 ¡6:~~ .¡n(') ~~i '" ~ '" ~ _---- ,~.oo . J -------,-.-....-- (I m uI co .... '" , IT1 ~ ... ~ '" ~ ~ " ò , ,. * L1 L5 r f'-) .. - ul (II ~ o ~ ;u~ ~~ ~ C)' ~ TÆJ~ -j r--.. !~1:l1 o .p . '1 --r¡ m I ~ <- '--....... ~ ~~ ~ );.; .A -< \:) ~.OO· PARCEL NO, 10 J.fL "" " 0 ::tI S' ~ » n '¡j þ' 52 ::r: i ~ ...... n ~~ w tv ... '" n 0 r- "" > t"" M g tv ~ ->-.-..,,-.,,---...--.----.--- EXHIBITL " I r _ 'JC7 pøge..d(t, of~ Agenda Item No.1 OB October 26, 2004 Page 31 of 104 FEE SIMPLE INTEREST. -..._---~---- HM HOLE MONTES ENGINEERS, I'lM'NfRS . ~RVEYORS 950 Encore Way' Naples, FloIlda 34110, PhOf1Cl: 239,254.2000' Fax: 239.254.2099 HM PROJECT #2003002 10/15/2004 REF. DWO. I#B·48 10-1 PARCEL NO. 100D LEGAL DESCRII'TlON A> ARCE!. OF LAND LOCATED IN A I'ORTION OF SECTION 28, TOWNSIIIP 48 sOIm!. RANGE 26 EAST, COLLIER COUNTY, H..ORlDA, BEING MORE [' ARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA; THENCE RUN S.02°!('SS"E.. ALONG THE WEST LINE OF SAil> SECl'¡ON 28. FOR A DISTANCE OF 150,11 FF...bJ'.l'O ^ POINT LYING ON THE SOlrJ1IERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD. A ISO.(O FOOT RIGHT..OF-W A Y; THENCE RUN S.89'S9'39"E.. ALONG THE SOUTHERLY RIGHT-OF-WA Y LINE OF SAID IMMOKALEE ROAD FOR A DISTANCE OF 428.S8 FEET; THENCE RUN S.()()O()()'2l"·W., FOR A DISTANCE OF 2.00 FEET TO A POINT L YINO 2.00 f'EET SOIJTHERLY OF AS MEASURED AT RIGHT ANOLES TO TIlE SOUTHErU.Y RIGHT ·OF-W A Y LINE OF SAID IMMOKALEE ROAD, THE SAME BEING THE POINT OF BEGJNNlliQ Of' THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.89°59'39"E., PARALLEL WITH THE SOUfHERLY RIOHT-OF·W A Y LINE OF SAID IMMOKALEH ROAD FOR A DISTANCE 01' 561.92 FEET, TO A POINT ON TilE EAST LINE OF THE WEST ONE lIALF OF TIlE NORTHEAST ONE QUARTER OF TIlE NORTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 28; UJENCE RIJN S.02"ll'41"E., ALONGTIJE EAST LINE OF THE WESTONB HALFOFTHE NORTHEAST ONE QUARTER Of THE NORTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 28, FOR A DISTANCE Of' 15m FEETTG A POJNTLYING 17.00 FEET SOUTHERLY OF AS MEASURED AT RIGHT ANGLES TO THE Sotrn'¡ERLY RIGHT -OF· WAY LINE OF SAID IMMOKALEE ROAD; THENCE RUN N.89°59' 39"W.. P ARALWL WITH THE SOUTHERLY RIOHT.Op. WAY LINE OF SAID IMMOKALEE ROAD FOR A I).IST ANCE OF 562.50 FEET; THENCE RUN N.OO°fO'21 "E.. FOli A )ST ANCE OF IS.OO FEET TO THE !'OINT OF ßHOINN.lliQ; CONTAINING 8.433.]2 SQUARE FEET. MORE OR U!SS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESER V ATIONS OR RESTRICTIONS OF RECORD. BEARINGS REl'UR TO THE WEST LINE OF SECTJON 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST. COLLIER COUNrY, H.ORJDA, AS BBlNG S,02°IO'SS"E. HOLE M()N1'E,~, INC. CERUFICATION OF AlITHORIZATION LB #1772 BY _~/'I1c¿~l!L IJI¿".~~.._. P.S.M. #5628 " THOMAS ~7-' STATE OF FLORIDA W'\MnJ\.~lQ.\IIll....f,U...J..Þf.ij;.I~I".I."'~ Nopl... ' Fort My.... . Veolco .....-.. P . __lOll" EXHIBIT IJ Page'&' of t-7'')'] II "U ~ Þ-::!]g j~~ :z: On. 12 a- 0 'Ø1t :I: & ~=o ° ¡''-'. ~$~?~ ~¡ I t.J :::ì-§N:!:oE ~o -0 þr,,)_ o~ tJ . 1=ii:iiUl ~ ¡I~II! ~ 11.1 ~ ~ (I) If " ~ :J: -t 0 )0- (') (') 0 i: " )0- z -< )0- r- ,." G) >- r- C ,." (I) (') ;0 =ti -t Õ Z -.--..-- - -.- - - FEE SIMPlE INTEREST ,-.....·r ....,- r r ,_ C t-'''' ~z '" Z(J) (J) C 00 052 z 0", 0;:0 ,." dJ d", .... a- DO ~ r::i~" ...;:;:: . . -, ~ ¡;:; '" r'1 :E 0 .~ ",Üi '" U\ . ..., a 9 0» Q. q~ ,..., PARCEL NO, Ie 4- b f:. LlNf. W 1/'1., r..¡C '/4. N'''' , /4.:.!~~ \ /4 $[~_,!_~:- 4B·· 26 \1;Ç}ow ":OIUd b~; þ,"\¡~li '" 8 U) ~ œ Fld . co 7' ~ o co I . . ,." Agenda Item NO.1 OB October 26, 2004 Page 32 of 104 MH.........- r-v r-v Z at .e.-'Q~ NOU~3S JNJ\ iS3'/. \0 0 ,Irosa 3 .!ì!ì.OLZO S r-v 00 ;;I. "'~"tI ~"·o ~~aO ......1 ..~ I -_.. .... I I J 1------·- ..------!~ I ........-...-..-....--.--.. I z CJ:) to ui to CJi CD . [ I I I In ~ r tJ1 C) .... tJ1 C) 1'> tJ1 q to "" . I I I I I I I j I L2 CJ:) CD ui CD c; to . Vi ~ o ~ - /....... ::::;: :JJ ~ 2~~ --, ,...." I .(..X!. I:tJ o r::. -'1 ìl 01 ::.;:, '.../ ,..... S ~ :Þ: ~ -( t;::¡ r-v .--.I ¡¡~ n :r - 2: I ;;¡ 0>t'!1 0.., .. r' ~ c;ì ::0 > 't1 ::r: ~ o (") Uì '" (J o > t"' t:rJ .. o ~ .r- r- . , (,po ~ I ~~a Item No. 108 V ·'""t)ctober 26,2004 Page 33 of 104 tJM ENGINEEfiS . PlANNERS . SURVtYORS MEMORANDUM To: From: Date: Subject: Dale A. Bathon, P .E. Walter F. Gilcher, Jr., July 2, 2004 Logan Boulevard Extension derbilt Beach Road to Immokalee Road) Sele<:tion ofR.etention Pond Site - HM File 2003.002..0500 The following summarizes the development of the location of the retention pond site for the referenced project for the "Walker" segment ofthe roadway. On June 26, 2003, representatives ftom CotHer County and Hole Montes met with Mr. Cullen Walker at Mr. Walker's landscape office to review the project. Mr. Walker's property wíll be the most impacted property in terms of required right--of·way for the Logan Boulevard Extension, with an approximate width of 125 feet. Two alignment alternatives were provided to Mr. Wa11œr for consideration (See Exhibit 1). Each alignment alternative through Mr, Walker's property runs generally north-south. However, there is an offset between the reserved right..of-way alignment in the "Satumia Lakes" segment and the connection point on Immoka1ee Road at OIde Cypress Drive. Alternative Ali¡nment 1 provides a reverse curve at the northern end of the "WaJker" segment. Alignment Alternative 2 provides a reverse cure at the southern end of the "Walker" segment. During the meeting, Mr, Walker indicated that he favored Alignn:ient Alternative 1. I ~. ;:; t it, { The requirement for a retention pond in the vicinity of the "Walker" segment was also discussed, Mr. Walker indicated that he would prefer one pond site as opposed to two or more. A copy of the nrlnutcs from the meeting with Mr. Walker is attached to this memorandum. As part of project development, Hole Montes developed six alternative locations for the retention pond site. The six alternative locations are described below and arc shown on the enclosed exhibits: a. Alternative A (orig.ínaJly 1) - One pond utilizing the entire portion of the Walker property betwcen the section line and the roadway inoluding Immo1ca1ee Road frontage outfall through SatumiaLakes. PROJE... b. Alternative B (originally 2A) - Two ponds utilizing a portion of the Alternative 1 pond $'1Le ~.o...D 7 area (west pond. no Immokalee Road fronta.ge) and a pond lite cast of the roadway ¡' "..--- alignment, outfall through Satumia Lakes via a drainage casement south from east pon4¡ __. __~~ to Saturnia Lakes. ~,I ~ c. Alternative C (originally 2B) - Same as 2A except outfall from east pond back to j .._"..-;:.~ roadway systcm;~ .r ;0 d. Alternative D (originaUy 3) - One pond site east of alignment, then outfall to Saturnia ,!;-'--;'::: e. =::; ~~~riginallY 4) - One pond site, west of alignment in vacant rcsidentia110t ;ij'~~~X: ,--: !~ -.: in GOE on north side of 22l1li Ave NW, outfall back through road stormwatcr system to 1k.«: t. , Satumia Lakes. '.¡i;~~· .. "._~. ;b.·~. '¡~mi' ~. :'~';: Pap! 00 ¿ .I ~J. . :xi W:\2003\2003002~500 StonnWlltel'\db040702mcmo.dot' 1-" _..___, .-.n,....¡,.."'1._'~... r····....,,···,,·. ..-.........-----.....,- Agenda Item No. 10B October 26,2004 Page 34 of 104 f, Alternative F - This alternative is located immediately adjacent to the proposed road right-of-way in the southern most area of the Walker property and Í11cludes the "rental" house owned by Mr. Walker. After Review by Hole Montes and Collier County, the following alternatives were eliminated fÌ'om further consideration for the reasons noted: · Alternative B (originally 2A) o Tbe portion of the proposed pond site on the Peck property, immediately north and west of thc WaJker property was detcnnincd to have high potential to be a jurisdictional wetland upon field revicw by statrfrom Kevin L. Erwin Consulting Ecologist (KLECE). SFWMD policy dictates that wetland areas only be used for retenûon.pond sites as a last resort, then only if of relatively low quality. o The pond site on the Peck property would require drainage easements across the Walker property for a trunk line from the roadway to the pond site and an outfan line &om the pond site to the Saturnia La1œs water management system, o Tbe trunk line and outfal1 line would represent significant construction costs that would not be associated with aU other alternatives. · Alternative C (originally 2B) o Tbe portion of the proposed pond site on the Peck property, immediately north and west of the Walker property was determined to have high potential to be a jurisdictional wetland upon field review by staff from KLECE. SFWMD policy dictates that wetland area only be used for retention pond sites as a last resort. o The pond site on the Peck property would require a drainage easement across the Walker property for a trunk line ftom the roadway to the pond site and an outfa1llinc 1Ì'om the pond site back to the roadway for conveyance to the Satumia Lakes water management system. o The trunk line and outfa111ine would represent significant construction costs that would not be associated with all other alternatives. · Alternative D (originaUy 3) o The entire proposed pond site on the Peck property, immediately north and west of the Walker property was deternùncd to have high potential to be a jurisdictional wetland upon field review by staff from KLECE. SFWMD policy dictates that wetland areas only be used for retention pond sites as a last resort, then only if of relatively low quality. o The pond site on the Peck property would require a drainage easement across the Wa1ker property for a trunk line from the roadway and an outfall line from the pond site back to the roadway for conveyance to the Satumia Lakes water management system. o The trunk line and outfall line would represent significant construction costs that would not be anociated with all other alternatives. · Alternative E (originally 4) o The residential parcel in Golden Gate Estates is a high quaHty jurisdictional wetland. as determined by staff from KLECE during a field review and then confirmed by SFWMD staff during a field review of the site for determining jurisdictional wetland limits. SFWMD policy dictates that wetland areas only be used for retention pond si1:cø as a last resort, then on1y if of relatively low quality. o There was significant opposition from the residents of Golden Gate Estates reprding siting a retention pond on a residentÍallot in their neighborhood. Page:2 0(3 I W:'.2003\2003002\OSOO S\'OII'MWItcndb040702memo.doc: ................._........_...... "'". . ,.......__~..~,,'~..........,__.._._._..._n...........___...._... ... ..... ."........"_,...",,.....,.......,......."..~ ..·.~..__.M~H.H.....M...~..H~_..~H.~~H...._.,' . ..., Agenda Item NO.1 08 October 26,2004 Page 35 of 104 ,.,,--. A construction cost comparison of pond site Alternative A and Alternative F was prepared. Baaed on construction costs for stonnwater piping and fill material available n-om the pond excavations. it was d~tmn.ined that the cons1ruchon cost of Alternative A was approximately $200,000 more than the construction cost of Alternative F. A copy of the construction cost comparison memo. dated 2-11..04 is attached, Further, cven though land costs were not estimated, it wu intuitively assumed that the value of land fronting Immokalee Road that would be utilized for a retention pond (Alternative A) was significantly higher than the value of the land for pond sitc Alternative F. In addition, should Mr. Wa11cer or another owner wish to develop the Immokalee Road ftontage site, it was assumed that the southern two-thirds of the .Alternative A pond location (non-Immolœlee frontage) could be utilized by the developer for retention pond purposes for his development. Attachments 1. Memo dated 7-7..03 (2 pages) 2. Alignment Alternative I (1 page) 3. Alignment Alternative 2 (1 page) 4. Logan Boulevard Pond Alternative A (Sheet Nos, 4A & SA) S. Logan Boulevard Pond Alternative B (Shc~ Nos. 4B &. SB) 6, Logan Boulevard Pond Alternative C (Sheet Nos. 4C & 5C) 7. Logan Boulevard Pond Alternative D (Sheet Nos. 4D & 5D) 8, Logan Boulevard Pond Alternative E (Sheet Nos. 4E & SE) 9. Logan Boulevard Pond Alternative F (Sheet Nos, 4F &. SF) ~ 10. Memo dated 2-11..04 (3 pales) r- W:\200JIJOO3002105OO SlorlnWat.er\db040702memo.ðoc Paac 3 of3 "H~·"~.·~n.._.·...·~ ._. .~.. ... . .. ... .....~. 'MM ...-.~ .... ............._............... ......_......,..........................H.' ....................._......... ,..,.'M ..........·.·...·..............H.... ··.·....·...·.._·....._·............................HH...............,.......,~"._,.....,...._...._..._......_...._................_H_.............. __,.h.'~"h__h"'hhh_h~"~~~~..,,,....... .,..~.... ( " Agenda Itel'n No.1 DB October 26, 2004 Page 36 of 104 - . ~ " HM HOLE MONTES EN<HtRS . PI.AtfÆRS . StßVEYORS MEMORANDUM To: From: Date: Subject: File (2003.002-ŒOO) Walt Oilcher July 7, 2003 Minutes for Meeting wim Cullen Walker on June 26, 2003 Re: Logan Boulevard Extension (Vanderbilt Beach Road to ImmokaIee Road) A meeting was held on Thursday, June 26, 2003 at 11:00 a.m at the business office oiMr. Cullen Walker to discuss me potential impacts of the project and right-of~way needs with respect to Mr, Walker's property and nursery business. The following were in attendance: Collier Count)' Kevin Hendricks Dale Bathon ProJ'MV Owner Cullen Wallœr Hole Montes Tom Taylor Walr Gilcher David Dowling The following items were discussed: 1. The overall alignment (see attachment) ftom Vanderbilt Beach Road to Immokalee Road was discussed. From sooth to north. the first 1.5 miles will run within platted right-of-way adjacent to the Island Walk and Saturnia I...aJœs subdivisions. The right-of-way width adjacent to Island Walk is 150 feet and adjacent to Satumia Lakes is 110 feet plus a 15 foot public utility easement. With the exception of the segment adjacent to Island Cove. the roadway alignment will ron immediately adjacent to me west liœs of S28 T48S R26E and S33 T48S R26E, the west section line being the west boundary of the proposed road right-of-way. The alignment will connect at Innnokalee Road and align with Olde Cypress Drive. The centerline of Olde Cypress Drive is . offset from the section line by approximately 250 to 300 feet There are no plans to connect any of the avenues to the west to Logan Boulevard. There is a '30 foot SFWMD drainage easement located along the west side of the section line, A ditch is located in the drainage easement and the flow is to the south. This ditch will most likely provide the drainage outfall for the new roadway. 2, The north half mile of the project will run through the Walker property. It is anticipated that a 125 foot right-of way width wí1l be required to accommodate an ultimate four lane urban typical section. In addition, 1 to 2 acres will be :required for stormwater retention in the north half mile. An "5" curve will be required in the north half mile to align with Olde Cypress Drive. Two preliminary alignments were provided at the meeting. Alternative 1 (see attachment) shows the "S" curve located as far north as possible and Alternative 2 (see attachment) shows the "S" curve located as far south as possible. ), Based on the preliminary alignments, Mr. Walker indicated the following: a. Alignment Altcm1ltive 1 is his preference. b. He owns property fronting Immokaloe Road to the west of the Logan alignment in Golden Gate Estates. Pa¡clofZ I W:\2003\200300:M900 Rigbt-of-Way\MiDuIeS030707.doc ... .... . ..."....~".,"'_.'_._._"..m.._.~.~~' .... ,.h"'......h..~ ........... ...._h.,,~,.~.....m...~h~~h........."....._u........._..._......_,._h~_ · --..--....-...-.......-----..... '. ~ Agenda Item No. 10B October 26, 2004 Page 37 of 104 ....-- c. He would prefer one pond site as opposed to two or more. d. His driveway entrance off of 22ad Ave NW is adjacent to a stand of Cypress trees. e. When Logan Boulevard is constructed, his current entrance will most likely be relocated to Logan. f. He inquired about connection to utilities such as water and sewer. g. He is concetne4 about security for his nursery and landscaping business being adjacent to a new public road. h. Traffic noise abatement is a concern to him and his neighbors to the west and he inquired about sound bamers. i. He inquired about the right-of·way acquisition process. j. He asked if the alignment would disturb his residence. 4. Based onMr, Walker's questions and concerns, the following was indicated: a. The right-of·way acquisition process will be handled by the County Transportation Services Division right-of·way department headed by Kevin Hendricks. b. The Satumia Lakes stonnwater water management system may be utilized to accept some of the roadway drainage from the north half mile if there is sufficient capacity in the permitted system. c. New County water and sewer facilities within the roadway alignment are not currently planned and are not part of the project. d. Once surveys are completed and the May 2003 aerial photography is obtained. Hole Montes will detenninc the right-of-wa.y requirements for the roadway and stonnwater retention. The survey infonnation and aerial photography wi11 also provide an indication of what business stNCtures and residences on the WaJker property will be impacted. r- END OF MINUrES If you have any additions or corrections to these minutes. please notify the writer at (239)985øl200 or e- mail walte:ilcher@bo1emontes.com. Attachments (3) Cc: Dale Bathon, P.E. Kevin Hendricks Tom Taylor, P.B. David Dowlin¡. P.E. Clark Leaming (OL Homes) .r--.. W:\2003\2003002\0900 RJJbt·of·Way\MiUlltes030707 .doc PaF2of2 ...,..... _.·........·........u..........__.........".................... '__M__..M..~____.... .~__..... ". f!, Agenda Item No.1 DB October 26. 2004 Page 38 of 104 MEMORANDUM To: File: From: Date: Subject: Dale Bathon, P.E. 2003.002.0500 Jesse Stahl, P.E. February 11, 2004 Cost Comparison between Pond Alt. A and PondAIt. F Retention Basins Re: Logan Boulevard Extension (Vanderbilt Beach Road to Immokalee Road) An itemized cost comparison is attached showing the comparative costs of the two alternate retention basin sites plus their redemptive fill amount ganerated. It clear1y shows that the southern pond (Alternate F) Is $200k less expensive to build by the time that you factor In such things as the amount of fJ generated by ea<:h site, The cost comparison does not Include any land costs. Included In the costs are earthwork and piping costs (see attached estimates). We assumed a 55.000 ou yd of embankment requirement for the project and that the 50.000 cy was the maximum amount of fill generated by either of the two basins, We also usumed the maximum extension of the 36" RCP to the north In Alternate A (see attached drawing of Alternate A) because SFWMD requires that the outlet of the retention basin has the maximum allowable separation from the Inlet of the storm sewer, That being said, the pipes In the two basins are merely connecting the roadway Inlets to the pond In the most efficient manner and the storm water II routed from the pond efficiently. Storm water programs were run for each to detennlns depths of ftow and head 1088 for each, to proper1y size each component, and then we measured the quantities for each item, and assigned costs that were appropriate for this region of the State of Florida for a County roadway project. In doing this It required several manholes be Installed end a long run of 24- pipe along the outfall for the Alternate A. This was done a8 the most efficient way of handUng the outfall from the northern retention basin (Alternate A) without putting It on Golden Gate property. There was significant opposition at the public meeting to Golden Gate receiving any of the roadway drainage. Drawings and estimates are attached. a8 previously stated. If you have any questions. please contact me. Attachments cc: Walt Gllcher David Dowling Clark Leamlng . ....' MØ.._..··...,·,.._··.._··.._·....~...·,····......···.....'............_H.·.. 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I; -I: "'I ~J to.> I 14;' I Agenda Item No. 10B October 26,2004 Page 55 of 104 - MEMORANDUM DATE: September 15, 2004 TO: Norman E. Feder AICP, Administrator, Transportation Services Division FROM: Gregg R. Strakaluse P,E" TE&CM Director SUBJECT: Condemnation Resolution for Logan Boulevard Extension from Vanderbilt Beach Road to Immokalee Road, Project No. 60166 On September 28, 2004 the Board of County Commissioners will consider the adoption of a Condemnation Resolution for the property interests necessary to extend Logan Boulevard from Vanderbilt Beach Road to lmmokalee Road, The construction consists of the two-lane expansion of Logan Boulevard within a four-lane footprint for future expansion. This memorandum contains vital information that the Board of County Commissioners must consider in adopting this Resolution. As you are aware, this roadway has been on the County's long-range plan for many years, It has been the subject of Board meetings, MPO meetings and various other public meetings, This memorandum shall serve to supplement and recap the documentation previously provided to, or presentations made to, the Board, Also, the county attorney's office has advised that the Board must consider the following criteria when adopting the condemnation resolution: 1. Alternate Routes The need for additional north-south arterial capacity within Collier County for travel demands east of Airport-Pulling Road and north of Pine Ridge Road has been identified and studied at the long range planning level for more than a decade, Due to past and current development patterns, few alternatives exist other than the -. Page 1 of3 Agenda Item No. 1 DB October 26,2004 Page 56 of 104 existing roadway alignments. Livingston Road from Pine Ridge Road to Vanderbilt Beach Road has been opened to six lanes of traffic in the past year. The last remaining section of Livingston Road from VanderbiIt Beach Road to Immokalee Road will be open to traffic late this year, Collier Boulevard from Golden Gate Boulevard to Immokalee Road is scheduled to be widened from two lanes to six lanes starting in 2005. Vanderbilt Beach Road, located at the southern terminus of the proposed project, is scheduled to be widened from two lanes to six lanes beginning late this fall. The construction and expansion of the Logan Boulevard corridor would make it one of only seven north-south corridors in Collier County. Although the aforementioned roadway improvements will add north-south capacity to our roadway network, continued development activity north of Immokalee Road and east of Logan Boulevard will result in additional capacity demands to the network, To meet these current and future capacity needs, the only viable alternative is to expand Logan Boulevard (via construction of two lanes within a four-lane footprint for future expansion) at this time. 2. Safety Factors The design of the Logan Boulevard improvements has been conducted to meet the standards as defined using the Florida Department of Transportation (FOOT) Roadway and Traffic Design Standards; the FOOT Plans Preparation Manual, and related design manuals; the American Association of State Highway and Transportation Officials (AASHTO) Policy on Design of Urban Highways and Arterial Streets; the Manual on Uniform Traffic Control Devices (MUTCD); the Collier County Policy for Access Management for Arterial and Collector Roadways (Resolution No. 92-442 as amended by Resolution 01-247, dated June 26, 2001); and the Public Rights of Way Construction Standards Handbook to ensure the safe movement of people and goods within the project limits. There were no "Design Exceptions" such as substandard lane widths or median widths identified for this roadway. Long Range Planning Factors The Long Range Transportation Plans (LRTP) for Collier County have evaluated the future travel demand needs using factors such as social impacts, environmental impacts, costs, safety and provision for alternatives. Since at least the 2010 LRTP (adopted in 1992), and reiterated in the following updates for 2020 LRTP (original adopted 1996, updated 1999) and the 2025 LRTP (adopted 2001), the need for the expansion of Logan Boulevard has been identified. The project improvements are consistent with current and near future travel demand needs and the availability of financial resources, Page 2 of3 Agenda Item No. 108 October 26, 2004 Page 57 of 104 ~. 3. Environmental Factors Long-range planning criteria require the consideration of impacts to environmentally sensitive areas. Generally, the impacts of roadway construction will have minimal environmental impacts, The project has been coordinated with both the U.S. Fish & Wildlife Service and the Florida Fish & Wildlife Conservation Commission, A Threatened and Endangered Species Survey was conducted with negative findings, The project has also been coordinated with the South Florida Water Management District (SFWMD) and the Army Corps of Engineers, A wetland survey was conducted, and wetland areas along the corridor were flagged. Impacts to these wetlands will be minimal and will be mitigated through "mitigation banking". Evaluations during the alignment determination phase took more localized environmental issues into account such as choosing the offsite retention ponds. As a result, this project will use one retention pond for water treatment and attenuation (see Hole Montes Memorandum dated July 2, 2004, attached), 4, Costs r Cost to provide for the improvements has been considered from the initial identification in the adopted LRTP, As the project has been refined during the design, more specific costs to implement have been developed and considered as part of developing the financially feasible Capital Improvement Program, The design of the improvements has been made to maximize the improvement benefit with the minimum amount of impacts. The Board has approved the typical section that will be used in this project. The corridor is bounded on the east and west sides by residential developments, residential homes, a landscape maintenance business and nursery, and undeveloped lots. The road alignment has gone through revisions to minimize the taking of additional right of way, and to provide for safe and efficient pedestrian and traffic flow. In fact, County staff has met with the largest single affected property owner along the corridor to insure that impacts to that property are minimized with the chosen roadway alignment. Construction on this project is planned to commence early in 2005. This project is part of an aggressive acquisition schedule to address the traffic movement and safety needs of the community. Thank you for your time and review of this vital information. .r- Page 3 of3 Agenda Item No. 108 October 26,2004 Page 58 of 104 STANDARD FORM COLLIER COUNTY CONTRIBUTION AGREEMENT FOR ROAD IMPACT FEE CREDITS No. 2002-009-TR-GL Homes THIS CONTRIBUTION AGREEMENT [U Agreement"] is made and entered into this I.Hh of ~Ðrnh2r . 2002, by and between G.L- Hardy, Ltd., 1401 University Drive. Suite 200, Coral Springs, Florida 33071, A Florida Limited Partnership, duly organized and authorized to conduct business in the State of Florida. [hereinafter refelTed to herein as "Developer"], by and through Alan Fant, Vice President ofGL Homes of Naples II Corporation, a Florida Corporation and the General Partner of G.L Homes of Naples Associates II, Ltd., a Florida Limited Partnership that is the General Partner of G.L.-Hardy, Ltd" who has been duly authorized to execute this Developer Contribution Agreement [or Road Impact fee Credits and cash reimbursement and THE BOARD OF COUr-.TTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, hereinafter refelTcd to as "County." R E C I TAL S: WHEREAS, G.L-Hardy, Ltd. is desirous of entering into a contribution agreement with the County which grants cash and credits for road impact fees and certain vesting rights for road concurrency, in exchange for the contribution of advanced off-site roadway construction improvements consisting of the extension of Logan Boulevard as a two (2) lane divided roadway between Vanderbilt Beach Road and Immokalee Road [hereinafter described as the "Project" as set forth in a conceptual description and graphic rendering attached hereto in Composite Exhibit "A" and "A- 1"; and WHEREAS, the County shall receive a certain land donation as provided for in PUD 2002-39, and as set forth in a narrative description and graphic rendering attached hereto in Exhibit "B", necessary for the construction of the Project; and WHEREAS. G.L.- Hardy has a contract to purchase certain lands, (hereinafter referred to as (Terafina), described and graphically rendered in Composite Exhibit "C" and C-1", attached hereto and incorporated herein by reference, which upon development in the near future will be subject to the imposition of road impact fees; and WHEREAS, the parties acknowledge that the valuation of eligible anticipated construction to the County's transportation network is based upon a Preliminary Estimate of Probable Costs by a Professional Engineer of the Project attached hereto as Exhibit "0"; and WHEREAS, the parties agree that Developer shall submit for County approval a Final Certified Estimate of Probable Costs to design and construct the Project prepared · . ~···M""_MM·"MM"."'~..,....... Agenda Item No. 108 October 26,2004 Page 59 of 104 /"""" by a ProfessionaJ Engineer subsequent to the date of this Agreement and prior to the issuance of a right-of~way use pennit by the County in connection with the Project; and WHEREAS, the parties acknowledge, in the case of contributions of construction or installation of improvements, the value of the developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements contributed by developer, but in any event not to exceed fifteen (15%] percent of the approved Final Certified Estimate of Probable Costs unless such amounts in excess of said fifteen (15%] are caused by changes or modifications to the Project requested by the County from time to time after the County has approved and accepted the Final Certified Estimate of Probable Costs of the Project; and WHEREAS, the parties acknowledge that it is in the best interest of the County for the Developer to design and construct the Project; and WHEREAS, the Transportation Administrator will recommend to the Board of County Commissioners that the Proposed Plan as defined in the Impact Fee Ordinance for donations, credits, cash and contributions as set forth in this Agreement is in Confonnity with contemplated improvements and additîons to the Countis transporta60n network; and r- WHEREAS, after reasoned consideration by the Collier County Board of County Commissioners, [hereinafter "Board'1. the Board has authorized the County Attorney to prepare this Developer Contribution Ab-reement ("DCA") upon the Board finding that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such 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 account 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; c. The Proposed Plan is consistent with the public interest; and d. The proposed time schedule for completion of the Proposed Plan is consistent with or is projected to be consistent with the most recently adopted five-year capital improvement program for the County's transportation system; and WHEREAS, the Board of County Commissioners finds that the contributions contemplated by this Contribution Agreement are consistent with the COlU1ty'S existing comprehensive plan~ and r 2 Agenda Item No. 10B October 26,2004 Page 60 of 104 WHEREAS, pursuant to the Terafina PUD Ordinance No.2001 - 71 it was agreed, inter alia, that: A. Internal access improvements shall not be subject to .impact fee credits and shaIl be in place before any certificates of occupancy are issued. B. The developer may commence on site horizontal construction only within Terafina at the time the four-Ianing ofImmokalee Road is complete up to C.R. 951. C. The developer agrees to fund up to $500,000.00 in exchange for impact fee credits for improvements to the intersection of Oaks Boulevard and Immokalee Road at the time of the issuance of the first certificate of occupancy for a residential structure, hereinafter referred to as the "Oaks Contribu tion." WHEREAS, It is anticipated that the time for build out of the Terafina Development will exceed five [5J years for concurrency purposes, the parties agree that good cause exists for an automatic five [5J year extension of the initial five [5] year vesting period provided, Developer substantially adheres to the Phasing Schedule as determined by the Transportation Division Administrator [A copy of the Phasing Schedule is attached hereto in Exhibit "E" and agreed to thereby by the County]; and WHEREAS, this DCA shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act; and WHEREAS, the parties acknowledge that all construction cost estimates shall be based upon, and all construction plans, specifications and conveyances shan be in conformity with the road construction standards and procedures of the County and shall be first approved by the Collier County Transportation Administrator prior to commencement of construction; and WHEREAS, Developer acknowledges and agrees that it has fult power and authority to cause the construction or installation of the subject contribution and thereafter execute any and all documentation necessary to conveyor cause to be conveyed the contribution to the County in conformance with the Countys transportation standards, procedures, ordinances and regulations; and WHEREAS, Developer agrees and acknowledges that it shall not proceed to install and construct any portion of the subject contribution until Developer's legal counselshall advise the County Attorney in writing that Developer has secured a perfonnance bond or other surety in the amount of the Final Certified Estimate of Probable Costs plus a 15% contingency and Developer shall submit such bond or surety 3 ~'~~~"_"""''''_'''H'_<'_'_'' Agenda Item No. 10B October 26,2004 Page 61 of104 ,.--. for approval by the County prior to the time of Developer's application for the right-of- way use permit ; and WIT N E SSE T H: NOW, THEREFORE, in consideration of Ten DolJars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained above and herein, and the fact that all of the above recitals are true and correct and shaH be fully incorporated herein and form part of the basis for this Agreement, the parties agree as follows: I. The projected road impact fees needed for 850 residential units of the Terafina Development is estimated to be Four Million Seven Hundred Thirty Seven Thousand Four Hundred Seventy-Five Dollars [$4,737,475.00). 2. Prior to the commencement of any construction work in connection with the Project ("Construction Work"), Developer shall de1iver the following items to the appropriate governmental entity for said governmental entity's review and approval; ,-- A. For purposes of establishing the amount of the "Surety" (as hereinafter defined) and the "Road Impact Fee Credit Amount" (as hereinafter defined), a Final Certified Estimate of Probable Costs prepared by Developer's desìb1ß engineer ("Professional Engineer") which sbaH set forth the estimated cost (including, without limitation, the cost of any and all labor, materials, testings, filing fees, pennit fees, mitigation costs, construction and engineering inspection services, and any and all other ancilJary costs and expenses) of construction necessary to compk"te the Project in accordance with the "Plans and Specifications". After the Final Certified Estimate of Probable Costs has been submitted to and approved by the County, then the same shall be referred to hercin as the "Final Certified Estimate of Probable Costs." The Final Certified Estimate of Probable Costs shaH not be subject to change or modification without the written Consent of both Developer and the County. The Final Certified Estimate of Probable Costs shall not include any of the costs, fees or other monies paid and/or incurred by or on behalf of the County under paragrdph 7 of this Agreement. B. The Professional Engineer shall prepare the plans and specifications for the engineering and site development work (as amended fTom time to time, the "Plans and Specifications") for the Project. After the Plans and Specifications have been submitted to and approved by the appropriate governmental entities, Developer shan not change, revise or modify the Plans and Specifications without the prior written consent of said goverrunental entities. r- C. On or before the date on which Developer submits the application for a right-of-way use pennit, Developer shall procure, at its election, either a bond or 4 ... ..H"..H_...._.__........__..~ .M'·.'M..,"""MM'M..·'MMMM,·"..,~·'··M""'..M".' . Agenda Item No.1 OB October 26,2004 Page 62 of 104 letter of credit ("Surety") in favor of the County in an amount equal to one hundred~fifteen percent (115%) of the Final Certified Estimate of Probable Costs, 3. The County shall have the right to draw against the Surety only after an "Event ofOefault" (as hereinafter defined) has occurred and remains continuing beyond the "Cure Period" (as hereinafter defined); provided, however, notwithstanding anything to the contrary contained in this Agreement, the County must provide Developer with written notice of its intent to draw against the Surety (including the amount to be drawn) not less than ten (10) days prior to making such draw, and the County shall only be permitted to use the drawn Surety funds towards the completion of the Project in accordance with the terms of this Agreement. 4. Developer shall have the right to (i) once per quarter reduce the Surety in an amount equal to the amount of funds expended by Developer in connection with the Project during the immediately preceding quarter, and (ii) terminate and extinguish the Surety on the date on which the Project has been completed and accepted by the County. 5. Developer shaH not have any obligation to either increase the amount of the Surety to an amount greater than One Hundred Fifteen Percent (l15%) of the Final Certified Estimate of Probable Costs nor replace any amount of the Surety after any draw against (by the County) or reduction of (by Developer) the same. 6. Developer shall deliver to the County, simultaneously with the execution of this Agreement, an attorney's opinion letter attached hereto as Exhibit "F" stating: (a) Developer is an entity duly formed, validly existing and authorized to conduct its business in the State of Florida~ (b) Developer has the requisite authority (i) to enter into and execute this Agreement; (ii) to perfonn under and in accordance with the terms and conditions of this Agreement; and (iii) procure financing in the amount of the Surety. 7. The County shall be rcsponsibJe for the acquisition of the portion of the right-of- way of the Project not owned or controlled by the County and needed for the construction of the Project, inclusive of all embankment easements, temporary construction easements, drainage easements, retention areas as well as all other types of easements and areas acceptable to the County, through eminent domain or any other method of acquisition. Developer shall be obligated to pay to the County all costs associated with such acquisition, including, without limitation, the preparation of alternative alignments, legal descriptions and appraisals. Developer shall be reimbursed by the County for any and all costs paid by Developer to the County in connection with this acquisition no later than October 1, 2006. A conceptual graphic rendering and written description of this parcel is attached hereto as Exhibit "G~'. The County's obligation to reimburse Developer under this paragraph shall survive the completion of the Project and acceptance of the same or earlier termination oftms Agreement. 5 .. ....--..-........-....... ....~.......~.. '''h~MM_''._...,~ ..-- ..--- Agenda Item NO.1 08 October 26,2004 Page 63 of 104 8. Upon receipt by the County of all documentation needed for the acquisition of the privately owned parcel identified in Parcigraph seven (7) above (with such documentation to be delivered by Developer to the County no later than October I, 2003), Collier County shall begin the process of acquiring this parcel. A Preliminary List of Documents needed ITom Developer is attached hereto as Exhibit "uu. 9. The amount of road impact fee credits to which Developer shall be entitled to under this Agreement (collectively, "Road Impact Fee Credit Amount'') shall be equal to the amount of the Final Certified Estimate of Probable Costs as amended from time to time. The Road Impact Fee Credit Amount shall be earned and available for use by Developer immediately upon (a) Developer expending any monies towards the design, construction and ultimate completion of the Project with the amount of Road Impact Fee Credit Amount earned being equal to the amount expended by Developer from time to time, and/or (b) the County drawing against the Surety with the amount of Road Impact Fee Credit Amount earned being equal to the amount of monies drawn by the County against the Surety from time to time, and/or (c) the payment of any and aU monies by Developer to the County in the event the County is unable to collect on the Surety and the County seeks and receives payment trom Developer in lieu of the Surety. The Road Impact Fee Credit Amount once earned by Developer shall not be subject to forfeiture, reduction, rescission or diminishment regardless of whether or not Developer commits an Event of Default. This paragraph shall survive the completion of the Project and acceptance of the same by the County or earlier tennination of this Agreement. 10. Until such time as the Project is constructed, completed and tendered to the County for acceptance, Developer shall indemnify and hold harmless the County from all liability directly arising from the construction of the Project and shall furnish adequate liability insurance in the amount set forth in the County Risk Management Guidelines as attached hereto as Exbibit "I". Such insurance shall be in addition to the Surety posted for the completion of the road. 11. In the event the actual cost of construction of the Project is less than the Final Certified Estimate of Probable Costs, Developer shall be responsible for reimbursing the County for all road impact fees utilized above the actual cost of construction. Any over-payment of credits by the County shall be reimbursed to the County within ninety [90J days after the County's demand for the same after completion of the Project, if it detennines more road impact fee credits were utilized than the Developer was entitled to receive. Developer therefore shall pay a] I the road impact fees above the actua.l cost of construction of the Project. 12. Upon acceptance of the Project by the County, if the actual cost of completing the Project exceeds the actual amount of Road Impact Fee Credit Amonnt ,..,-- 6 .........'M·.......M'·'............".......M~........,.._.. Agenda Item No.1 OB October 26,2004 Page 64 of 104 utilized by Developer. then on or before October 1, 2006, the County shall be obligated to reimburse Developer an amount equal to the actual cost of completing the Project less the actual amount of Road Impact Fee Credit Amount utilized by Developer. Therefore, the County shall reimburse Developer for all amounts expended by Developer in completing the Project above the actual amount of Road Impact Fee Credit Amount utilized by Developer, This paragraph shall survive the completion of the Project and acceptance of the same by the County or the earlier tennination of this Agreement. 13. In exchange for the advanced construction of the Project, Developer shall be vested for traffic concurrency purposes with 850 residential units in the Terafina Devclopment as the construction of the Project shall be deemed a prepayment of road impact fees and the Developer shall be vested in these units for a minimum of five (5) years after the execution of this Agreement. It is anticipated that the time for buíld out of the Terafina Development will exceed five [5} years for traffic concurrency purposes. The parties agree that good cause exists for an automatic five [5J year extension of the initial five [5] year vesting period provided Developer substantially adheres to the Phasing Schedule attached hereto in Exhibit "E" and agreed to thereby by the County. The additional five (5) year vesting period shall commence on the date on which the initial five (5) year vesting period expires. If the total road impact fees needed for the Terafina Development exceeds the cost of the Project, Developer shall be responsible for paying the difference at the rate then in effect. Said vesting shall be evidenced in a duly authorized Certificate of Public Facilities Adequacy issued by the County. Developer shall a.pply for the Certificate of Public Facilities Adequacy by way of written letter and a copy of this Agreement fully executed and the County shall issue such certificate based on the same within thirty [30] days of the execution of this Agreement or as soon as possible. This paragraph shaH survive or the completion of the Project and acceptance of the same by the County or the earlier termination of this Agreement. 14. TIle County shall utilize its best efforts to review and approve, and use its best efforts to cause other governmental entities to review and approve, all plans. . specifications, applications and/or other submittals delivered to the County and other governmental entities within ten (10) business days after the same has been submitted to the County and such other governmental entities for review and approval. 15. The County shall utilize its best cfforts to assist and cooperate with Developer in the application, procurement and issuance of any and all permits. inspections and approvals necessary to construct and complete the Project in a prompt and timely manner. 7 I Agenda 11em No. 108 October 26,2004 Page 65 of 104 /'""". 16. The County shall join in, and the County shall use its best efforts to cause other governmental entities to join in, any and all app1ications, submittals and such other items which are necessary to construct and complete the Project. 17. The total amount of Road Impact Fee Credit Amount earned by Developer under this Agreement shall be evidenced by an appropriate Road Impact Fee Credit Ledger. [Attached hereto as Exbibit "J"]. The County shaH on a current basis maintain on the Road Impact Fee Credit Ledger written evidence of the Road Impact Fee Credit Amount earned, used by and availabTe to Developer until such time the Road Impact Fee Credit Ledger reflects a zero balance. 18. Developer shall have the right to rely upon the Road Impact Fee Credit Ledger for confirmation of the Road Impact Fee Credit Amount remaining to Developer under the terms of this Agreement. 19. Developer represents, warrants and covenants to the County that the fOllowing are true and correct in aU material respects as of the date of this Agreement and shall be true and correct in all material respects untiT the completion and acceptance of the Project: A. Developer is a limited partnership duTy formed and validly existing in the State of Florida and has the ful1 right and lawful authority to enter into this Agreement. ,-. B. The execution, delivery and perfonnance of this Agreement by Developer has been duly authorized and 110 consent of any other person or entity to such execution, delivery and performance is required to render this Agreement a valid and binding instrument enforceable against Developer in accordance with Ìts terms. C. The Project shall be constructed in accordance with the Plans and Specifications in a good and workmanlike manner free from all defects. liens. claims and encumbrances caused by or through Developer, except as specified pursuant to or in accordance with this Agreement. D. Once Construction Work has commenced on the Project, Developcr& shall ensure that the construction of the Project shall not stop for a period in excess of thirty [30] consecutive days or longer, unless said stoppage is; (a) Required by the County or any governmental entity and not caused by actions or omissions of Developer or its employees or agents; or (b) Caused by a "Force Majeure" as that tenn is generally known in the constructíon industry, ~ 8 _......._.....H..·.....,...........HM......H............._......... ..······,,··,~..·..........M_._.,....._HH_'......_H.........".._.....'.._..._......__,................"......_.....,. .......h·..·..··"...,........_.......H.___..hHH...."....."................"........"..h.._......._ ,..,...........,.,.........",.,....... ... ..._H_"....".._..~......__. .._,..H_··"_..'_,··__~_.'m. Agenda Item No. 10B October 26, 2004 Page 66 of 1 04 E. Developer has not granted, and will not grant or permit to exist, any Lien (as defmed below) on or against all or any portion of the Project, other than Permitted Encumbrances (as defined below), As used herein, "Lien" shall mean any security interest. mortgage, pledge, lien, hypothecation, judgment lien or similar legal process. charge, encumbrance, title retention agreement or analogous instrument or device (including. without limitation, the interest of the lessors under capitalized leases and the interest of a vendor under any conditional sale or other title retention agreement), but excluding (i) any easements, covenants or restrictions of record necessary for the construction and completion of the Project and/or acceptable to the County and (ii) liens arising from taxes or claims of suppliers, mechanics, carriers, warehouses, landlords and other like persons, where such taxes or claims are being contested in good faith by appropriate proceedings, or a surety posted therefor. As used herein, "Pennitted Encumbrances" shall mean Liens approved by the County. F. The Developer represents and warrants that there are no actions at law, suits in equity or any other proceedings before any governmental agency, commission, bureau, or other arbitration proceedings against or affecting the Developer that if adversely determined would materially and adversely affect the Developer's ability to complete the Project or would adversely affect the DeveLoper's ability to execute and deliver, and perfonn its obligations under, this Agreement. 20. In the event of a thirty [30] day stoppage of work on the construction of the Project except as described above in paragraph 19, the County shall have the right to call upon the Surety for any necessary draw, pursuant to and in accordance with Paragraph 3 herein, to continue or complete the Project. If the Surety fàils to immediately provide necessary funds to the County for the County to continue or complete the Project, the County may take any and all legal action available to it, including declaring Developer in default of this Agreement (subject to applicable notice and cure provisions), and the County may take all necessary steps to complete the Project and secure "Reimbursable Costs". The term "Reimbursable Cost" as used in and throughout this Agreement shall mean the actual cost to complete the Project in accordance with the Plans and Specifications for the Project as they exist at the time of default or Event of Default by Developer under this Agreement that causes Developer's removal from, and the County taking over and completing, the Project; it being acknowledged and agreed by the County that except only for Reimbursable Costs, Developer shalt not be liable whatsoever for any indirect, consequential or punitive damages of any kind or nature or any other costs, compensation and/or expenses whatsoever for any default or Event of Default under this Agreement. Consequential damages shall mean: losses that do not flow directly and immediately ITom an injurious act, but that result indirectly from the act. 9 I _.._,....'.~._..m.'___~·.'·~_·_·,···,···_,·_·__·"·· · . .. ø..··_·_.·__~.._....~...................,__. ··..···.,.."...,~,..ø___.,.ø.___ø_,....._ø.., .~.ø_. Agenda Item No. 108 October 26, 2004 Page 67 of 104 .r- 21. The County represents, WaJTaJ1ts and covenants to Developer that the foHowing are true and correct in all material respects as of the date of this Agreement and shall be true and correct in aU material respects until the completion and acceptance of the Project: A. Collier County is a corporate body polític duly formed and validly existing in the State of Florida and has the full right and tawful authority to enter into this Agreement. B. The execution. delivery and performance of this Agreement by the County has been duly authorized and no consent of any other person or entity to such execution, delivety and performance is required to render this Agreement a valid and binding instrument enforceable against the County in accordance with its terms and conditions. r- C. The County shall (i) issue the Road Impact Fee Credit Amount to Developer, (ii) vest the Terafina Development with traffic concurrency for 850 residential units for the initial five [5] year vestíng,period and the five [5] year extension vesting period pursuant to the terms set forth in this Agreement, (Îii) issue the Certificate of Public Facilities Adequacy for the initial five [5] year vesting period and the five [5] year extension vesting period pursuant to the tenns set forth in this Agreement; all of the foregoing in accordance with and at the times required by the terms and conditions of this Agreement. D, The County shall allow Developers to use, allocate, assign and apply all or any potion of Road Impact Fee Credit Amount duly earned hereunder in accordance with the Collier County Consolidated Impact Fee Ordinance, and public facility adequacy Ordinance as amended and consistent with the terms and conditions for any certifications issued trom time to time. 22. The OCCUITence of any of the following events shall be deemed to be an "Event of Default"; A. Failure by Developer to comply with any of the terms or conditions of this Agreement by which Developer is to comply. B Failure by the County to comply with any of the terms or conditions of this Agreement by which the County is to comply, -- C. Notwithstanding anything to the contrary contained in this Agreement, an Event of Default shall not be deemed to have OCCUlTed unless.and until the party seeking to declare an Event of Default C"Non-Defaulting Party") has provided the other party ("Defaulting Party") with written notice ("Default Notice") of the default ("Default") commitment by the Defaulting Party in specific detail and the 10 -'---'--~-'" . .,. _MM~_.~~._MM"..___M__.._~_.._.~··'·H ...HM____' __..~,_~....._..~~......_..__ . ~~_.~.. '".~~_" "~...~____......~_ .~"_~_~_,...'HMH........~_ '.......M_.'...'H~.~......._.......___..~ .M·· Agenda Item NO.1 DB October 26, 2004 Page 68 of 104 Defaulting Party has failed to cure said Default within sixty (60) days after receipt of the Default Notice ("Cure Period"); provided, however, if the Default is one not reasonably able to be cured within the Cure Period, (the term "reasonable" shall be defined by mutual agreement], then the Cure Period shall be extended for an additional time period as may be reasonably necessary to cure the Default provided that the Defaulting Party commences to cure the Default within the Cure Period and continues in good faith to diligently cure the Default to completion. D. If Developer commits an Event of Default prior to Developer posting the Surety, then the remedy of the County shall be: (i) the right to terminate this Agreement, (ii) the right to terminate the vesting rights of the Terafina Development granted in and under this Agreement, and (iii) the right to require Developer to assign to the County all of its right, title and interest in and to all plans, specifications, documents, applications and permits that have been prepared, submitted and/or issued to or on behalf of Developer. E. If Developer commits an Event of Default subsequent to Developer posting the Surety, then the remedy of the County shall be the right: (í) to require Developer to assign to the County all of its right, title and interest in and to all plans, specifications, documents, applications and pennits that have been prepared, submitted andlor issued to or on behalf of Developer, (íi) to require Developer to terminate any and all Construction Work, (iii) to remove Developer from the construction site of the Project, (iv) to complete the Project in accordance with the tenns and conditions of this Agreement using the Surety, (v) utilize its Alternative Dispute Resolution procedure, [attached hereto as Exhibit "K~'], (vii) pursue such other legal remedy it determines is appropriate to recover Reimbursable Costs: it being acknowledged and agreed by the County that except only for Reimbursable Costs, Developer shall not be liable whatsoever for any indirect, consequential or punitive damages of any kind or nature or any other costs, compensation and/or expenses whatsoever for any default or Event of Default under this Agreement. C'..onsequential damages shall mean: losses that do not flow directly and immediate[y from an injurious act, but that result indirectly from the act. F. Notwithstanding that an Event of Default may have occurred, Developer shall nevertheless be entitled to reimbursement from the County on or before October 1, 2006, and the County shall be obligated to reimburse Developer on that date, for all amounts expended or incurred by Developer under this Agreement in excess of tbe amount of Road Impact Fee Credit Amount utilized by Developer. Such reimbursement obligation of the County shall survive the 11 _··~_·"~"~.~~~~øø..~,.... ~..øø'~"."'.""""n..~ø.,...., ..ø..ø.. .,.,',.ø........~ ._.,_. ,....·~"·..N.._...." ...N..Ø"....'.~."N..._....N_.._.._~_"....'.~_.N.n_....N~_..""_"_'._"__~"'.'N_"... _~. ,_ ... Agenda Item No.1 08 October 26, 2004 Page 69 of 104 completion and acceptance of the Project by the County or earlier tennination of this Agreement. G. If after posting the Surety Developer commits an Event of Default, then the number of residential units vested for traffic concurrency purposes in the Terafina Development shall be equal to the number of building permits that the sum of the following calculation could pay for with respect to road impact fees only: [1] the actual amount of money expended by Developer in connection with the design, permitting. construction and completion of the Project, plus [2] any amount received by the County from the Surety and/or Developer; provided however, if at, or any time subsequent to, Developer having committed an Event of Default after posting surety the sum of numbers [1] and [2] above equal or exceed the total amount of road impact fee payments needed for all building pennìts for aU 850 units in the Terafina Development as set forth in paragraph one herein, then the Terafina Development shall become and remain permanently vested for 850 residential units for traffic concurrency pUrposes. This paragraph shall survive the completion and acceptance of the Project or the earlier termination ofthís Agreement. 23. Developer shall not be penalized based on a ColIier County Government caused delay 24. The failure of this Agreement to address any permit, condition, term, or restriction in the actual design, pennitting and construction of the Project shaH not relieve Developer or its successors of the necessity of complying with any Jaw, ordinance, rule or regulation governing said permitting, requirements, conditions, or tenns of restriction in the actual design, pennitting and construction of the Project. /- 25. This Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by their successors in interest. 26. 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. 27. The performance and execution of this Agreement shan be carried out ìn confonnance with the Risk Management Guidelines established by the County's Risk Management Department as more particularly described in Exhibit " I" attached hereto and incorporated herein by reference. 28, This Agreement shan be recorded by the County in the Official Records of Collier County, Florida within fourteen (14) days after the County, by its duly authorized Chainnan, executes this Agreement. A copy of the recorded document wílI be provided to Developer. ",- 12 .._~__~__~~...._... ,...,..~~__ ~.~~.,..._____,_.~,__..~,...~_._....~~~h___"_ .._~.._-_....._-_.-...._,....-...._._.. .. .... _~.._____......_._...~_.~_N""_~~""""'~N"'" _...._h Agenda Item No.1 OB October 26, 2004 Page 70 of 104 29. Any party to this Agreement shall have the ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the tenns of this Agreement, said remedy being cumulative within any and all other remedies available to the parties for enforcement of this Agreement. 30. The Road Impact Fee Credit Amount identified herein shall run with the Terafina Development as described Ín Composite Exhibit "c" and "C-t" and shall be reduced by the entire amount of each road impact fee due on the first building permit issued thereon and each successive building pennit until the Terafina Development is either completed or the Road Impact Fee Credit Amount is exhausted or otherwise no longer available. It shall be County's obligation to notify the Developer what Road Impact Fee Credit Amount is available, each time a building pennit is applied for. If a Road Impact Fee Credit Amount is available, then the amount of Road Impact Fee Credit Amount utilized shall be deducted from the avaìlable balance as shown on the Road Impact Fee Credit Ledger. 31, An annual review and audit of performance under this Agreement shall be perfonned by the County to determine whether or not there has been demonstrated good faith compliance with the tenus of this Agreement and to report the Road Impact Fee Credit Amount applied toward payment of road impact fees and the balance of the available unused Road Impact Fee Credit Amount. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a material failure to comply with the terms of this Agreement, then the default provisions as stated herein shall apply. 32. The duration or availabí1ity of the Road Impact Fee Credit Amount pursuant to this Agreement. shall not be for a period in excess of five (5) years from the date of final completion of the Project, but in no event shall the availability of the Road Impact Fee Credit Amount under this Agreement exceed seven (7) years, exclusive of any moratoria, from the date of recording this Agreement in the Official Records of Collier County, Florida. For the purposes of this Agreement, the date of final completion shall be the date of acceptance of the Project by the County. An extension of the Certificate of Public Facilities Adequacy for an additional five [5] years as provided for in this Agreement shall be construed as a moratoria pursuant to Section 74-205 F4 of the Consolidated Impact Fee Ordinance, as amended. 33. The off-site improvements, for purposes of impact fee credits, shall exclude any access improvements to the Terafina Development. 13 _._"._M__"__"'__"~""m".._"".."_"'._"_"..__"_..".'_....._.._.._...~...__ .-.-"..".........,....---....-.".......---.,........."",..-"-.'-''''''-.' Agenda Item No. 10B October 26,2004 Page 71 of 104 /- 34. The Transportation Administrator has determined that the proposed road impact fee credit plan and vesting rights earned and granted under this Agreement are consistent with the public interest. 35. Developer has delivered to the Office of the County Attorney an affidavit listing the names and addresses of all partners, if a partnership, and stating that the entity is in full force and effect. 36. The parties acknowledge that the contributions herein are characterized as work done and property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right of way, 37. The Road Impact Fee Credit Amount shall only be for contributions made to the transportation network to accommodate growth and which were made within the respective road impact fee district where the Project is located. 38. Developer shaH keep or provide for retention of adequate records and supporting documentation which concern or reflect total project cost of construction or installation of any improvements to be contributed. This information shall be available to the County or its duly authorized agent or representative, for audit, inspection, or copying, for a minimum of five (5) years from the termination of this Agreement. r- 39. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed given if delivered by hand, sent by recognized overnight courier (such as Federal Express), transmitted via facsimile tnmsmìssion or mailed by certified or registered mail, return receipt requested, in a postage pre-paid envelope, and addressed as [oHows: As to County: Norman Feder, Transportation Administrator Transportation Administration 2675 South Horseshoe Drive, Suite 401 Naples, Florida 34104 With a copy to County's Legal Representative: David Weigel, County Attorney County Attorney's Office 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 With a copy to County's Road Project Representative: Gregg Strakaluse, Director TCEM Transportation Engineering & Construction Management 2675 South Horseshoe Drive ..r- 14 .. w..,........w.......w..__w..w._.._...._w_ww_......'._..'.......'.'__,.....,_w_w .......__~__~._..__......_...__._...._....____..._..._.._....___..__w._·___·.,···_··~···_·,_·'·__,· __.._"...."...~_._____.._...__._......,__w_......,_...._..._.....w'........_.....·.· ...._w.. . _......._... Agenda Item No.1 OB October 26,2004 Page 72 of 104 Naples, Florida 34104 As to Developer: G.L. -Hardy, Ltd. c/o Kevin RattelTee, Vice-President 1401 University Drive, Suite 200 Coral Springs, Florida 33071 With a copy to Developer's Michael S. Sheitelman, Esquire General Counsel: 1401 University Drive, Suite 200 Coral Springs, FL 33071 With a copy to Developer's Legal Representative Mark F. Grant, Esq. Ruden, McClosky, Smith, Schuster & Russell 200 East Broward Boulevard PO Box 1900 Fort Lauderdale, Florida 33302 Notices personally delivered or sent by overnight courier shall be deemed given on the date of receipt, notices sent via facsimile transmission shall be deemed given upon transmission and proof of receipt as evidenced by a confmnation of transmittal page and notices sent via certified mail in accordance with the foregoing shall be deemed given three (3) days after being deposited in the U.S. Mails. 40. This Agreement shall be construed and governed in accordance with laws of the State of Florida and in the event of any litigation hereunder. the venue for any such litigation, shall be in Collier County, Florida. All of the parties to this Agreement have participated ful1y in the negotiation and preparation hereof and, accordingly, this Agreement shaH not be more strictly construed against anyone of the parties hereto, 41. In the event any provision of this Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or reconstrued as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. 42. In construing this Agreement, the singular shall be deemed to include the plural, the plural shall be deemed to include the singular and the use of any gender shall include every other gender and a11 captions and paragraph headings shall be discarded. 43. This Agreement constitutes the entire agreement between the parties, and supersedes any other agreement or understanding of the parties with respect to the matters herein contained. This Agreement may not be changed, altered or modified except in writing signed by the parties hereto. . 15 · ~"'_""ø.....ø_..~.......__ Agenda Item No.1 OB October 26, 2004 Page 73 of 104 ,,--, 44. The parties agree that in the event that any date on which performance is to occur falls on a Saturday, Sunday or state or national holiday, then the time for such peñormance shall be extended until the next business day thereafter occumng. 45. Developer is and shall be in the performance of all work, services and activities under this Agreement independent of the County and not an employee, agent or servant of the County. All persons engaged in any of the work or services performed pursuant to this Agreement on behalf of Developer shaH at all times and in a11 places be subject to Developer's sole discretion and supervision and control. Developer's relationship and the relationship of its employees, agents, servants and contractors, shaH in all respects, shan be independent of the County and not as employees or agents of the County. Developer does not have the power or authority to bind the County in any promise, agreement or representation other than as specificaJly provided in this Agreement. 46. Except when otherwise expressly stated herein to the contrary, whenever one of the parties to this Agreement is to give its consent, decision, determination or approval, such consent, decision, determination or approval shall not be unreasonably withheld, conditioned or delayed. ,,--, 47. Their shall be a public meeting held at 60% of the completion ofthe Design and at 90% of the completion of Design. 48, If the property owner or developer required to convey the right-of-way pursuant to PUD Ordinance 2002-39 refuses to do or is unable to do so within the time period set forth in the PUD, Developer herein shall have no recourse against the County unless the County creates the inability for the conveyance in bad faith. 49. The Final Certified Estimate of Probable Costs shalt be adjusted upon completion of the Project to reflect the actual cost of construction of the Project. Developer shall not be entitled to any reimbursement under this Agreement for those portions of the Final Certified Estimate of Probable Costs that exceed fifteen (15%) percent of the approved Final Certified Estimate of Probable Costs unless such amounts in excess of said fifteen [15%J percent are caused by changes or modifications to the Project as requested by the County from time to time after the County has approved and accepted the Final Certified Estimate of Probable Costs of the Project r- 16 Agenda Item No. 10B October 26, 2004 Page 74 of 104 List of Exhibits: Exhibit "A": Composite Exhibit A· The Project A - Project Description A -1 - Preliminary Alignment Logan BI vd. Vanderbilt Beach Road To Immokalee Road Exhibit "B": The Land Donation Exhibit HC": Composite Exhibit C- The Terafina Development C- Legal Description of Terafma Development C-l- Terafina Location Map Exhibit "D": The Preliminary Estimate of Probable Costs Exhibit "E": Phasing Schedule Exhibit "F": Attorney's Opinion Exhibit "G": Composite Exhibit G- The Right of Way Property to be Acquired by the County, if needed G- Conceptual Description of Parcels to be Acquired by County G-l - Preliminary Sketch of Parcels to be Acquired along Logan Blvd. From Vanderbilt Beach Road to North of Immokalee Road Exhibit "H": A Preliminary List of Documents needed from Developers for acquisition of the parcel not owned or controlled by the developer at the time of the execution of this agreement. Exhibit "I": The County Risk Management Guidelines Exhibit "J": Road Impact Fee Credit Ledger Exhibit "'K": Alternative Dispute Resolution Procedures 17 J ,,~~__.w..~.._~~.,,··~··~·~·.. ... ,,--' ···_·,_···,·_-_···········".~..._··.....m..._.._....._. Agenda Item No, 1 DB October 26, 2004 Page 75 of 104 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by theÍr appropriate officials, as of the date ftrst above written. AS TO COUNTY: , i t ~ ;/:.'.::,,; Attest:' , . DWIGHT E. BRocK, Clerk BOARD OF COUNTY COMMlSIONERS COLLIER CO TY, FL RIDA, BYT'~ 't:..~ 1f- _ By: D I rk" ' I JAME ,''';'' <Þ,.;', ~ '. ,¡t.r. " . ,eputy C e . ':' t.::", . '~.Ì; ':). ...;X¡! ï"t'::3n S s ì g:~:;.¡ ~: ~,,:... ·t· ~.:, f; ¡ :/ . AS TO DEVELOPER; ~~ Print Name: A~rn-y ¡) ~/~ r-' Print Name: -ß...,.. é..., J ___. ST A IE OF FLORIDA COUNTY OF BROW ARD G.L. -HARDY, LTD., A FLORIDA LIMITED P ARTNERSHfP ---- By: G.L. Homes of Naples Associates !I, Ud" a Florida Limited Partnership, its General Partner, By: G.L. Homes ofNapJes II Corporation, A Florida Corporation, its General Partner By: ?L_"'P-- 1-:}L'Q f~r;,~,It"" Name: ~"ï'"" TiUe: \! i 2 r;; M~.S" I ~~r¡' Date: /)-11:''; j 02.. / ' I HEREBY CERTIFY that on this day, before me, an officer duly authorized ìn the State aforesaid and ìn the County aforesaid to take acknowledgements, the foregoing instrument was acknowledged before me by I1LAN FI1NÎ , the ,1'1 f:- Pre J'tdl (,,- of<r,l. t1'Md C F rJ~(.("SIt a r:t.. Q ~I\ (' .h N~reely ~" .. vi Lc:;'''pt.;--.k,.;.) ," I If1rpu·" JII and voluntarily under authonty duly vested in himlher by said corporatiod'ffthd that the ~~ ~~:~ tlurl1te is tht tltl' wlp(jUits stal 9f ã~iQ El6J13srat:R: IIJ~;'~:: ~:...r'ÞO~aUy ltRe'.vR Is RU Qr ,.,,-8e fta3 pI ðlhtte:å lIiI It, .. 1ÎfC (.ttE'Ñ("~::.\ Pc. ~ h'4'(.... C F ~;. L He¡ Nh' J o.ç flSf'rþt'J f!-U((, f\ h:.i II:. t c.. ìì)" <; ftt.t,dç hw..\t-cd (H.'\--Nuih,\ÞJ ttsc- Jt:w('n\ p<'hv(~ or 6.L-\"t(':¡'J1, (:tl).! Ç. (¡\\"\{1~ h \'+0, \ \-1. ,I P(d"Nc-.(~\~, * *' ';i'n.'l pU-~N( ,.j.....('..Î ....-- as-Dee-zaa, aZ~lgplD FrQm-Col í ¡ar C"....t1 Attorney Offici ¡41 m am T-541 A&ë~2J,cr~~m FÑ~P1 DB October 26,2004 Page 76 of 104 seal affixed thereto is the true corporate seal of said corporation. ~me is personally known to me or who has produced as id~carion. -- De. WITNESS my hand and official seal. in the County and State last a.foresaid this -1l.- day of C~N\.ba- ) 2002. ,é~ ¿~- N01'ARYP (SEAL) Approved as to ÎOrm md legal sufficieDcy: £~ H/J~c:kieiGL Horm:slSl;u\ùõll'd DCA 10290Z 19 Name: ..-:;k"')::t.,-. CAROl OB.UC.A. tf~ 1.~.\ MY COI.tdISSION , DD 067629 :. ; EXPIRES: Føruary~, 2006 _PI (Type My Commission Expires; I Agenda Item No. 108 October 26. 2004 Page 77 of 104 - EXHffiIT A Project Description The Project is a two lane roadway extending southerly trom Immokalee Road to Vanderbilt Beach Road as an extension of Logan Boulevard. ,,- /,...-.." I ~ ~D · .. · ft · - .. ~ · EXHSIT A-1 PREl.MNARY ALIGNMENT LOGAN BLVD VANDERBL T BEACH ROAD TO IMMOKALEE ROAD NOVEMBER 19, 2002 y / - - - ~ ]I: ·1· ~ - .. .... - ~ r r: - '-- - - .. . ..' = ;J" z: . ...- === - , .. - = - - - " .. · - · - r · I..-.-. ~ _..0 .__~_._. ..H.·.__..._...................___._ 1__ >~ ~J ~~ ". ~:r~ \~~.~ -. .ì . ~, ':.. '.~ ~, . ". ~ _t . Þ . . : ~ . ::OIJE'.. .' ~-::~ .If.~ !\ 'I . J:.I'a.~ "'.).h:' ~¡.r:I·I' . ~ -M:: ~' i!F"' ;¡:¡.I1r '~B' ...../ì'Ai 1. ~1~ 7 I · · .. ,,'\ .. .. - .. ;"1-:-· - A ~.. .__ .,~ ..nn ~ .'" Oc olM- 26, 2004f ~I ... f araDt?:.; 500 tOOO .;~ 0 "'\ \ \, A \ \ --; 7 \ - ~ -)1 -: · (~-y. I f - \\: Ð 1J. " . 'Oll!: ' ¡4. :::s .. ~ ' l¡ .. ~ --< -ii" : . I T - - (- .... . L~~. ~ .. .. .. ;" .. ... 1M ...... - . _ _ --:c 1=2':: I.í ..3J::; · · · · ~l· · - ,. · .. .. 'V r '. ~,,-( .. .. _. ~..... ¡::'" .;:... -'. J !~,_.. <: -::-~ t -\ L[~~_~..._~.¡,....:. -"',~"#f ....~ t. ~:-.. ¡ I :~., :e;:-.;" '?'~M' l-' "ê::_./- ---I j'" -. '. f'~~ ..... 1""- . . - .f '- ,-~_ ., .,~. "'~p Þ'.~ $1..-.....· ...... I' - J .~..~, ~1....~¿I~:r:l~ ~ I~' L'---~~ I ~;~~-~\~~(~;id~-~~--·\~;{f~:)ll~~ ·1-"~;,¡.lIJVIIJNI .. .... 1i.1~-e?;,: !h~"'fr'~~: ~ ", 1"'" ~.....\' .::r:.:.,' I~ .. A"~ fI ~1\JIJlI~I~l'" "."' ... OJ .. ·lIllr-~·'::--' l.~r{¡...., J" \ _.; ~{,:.:.( .~ - . li....l,... '- -=- .: ",? ~ /....... ~\~...;f!!!!.... : ~ ;J'u~ """" I i' ~ ! (., )~r;: ¡ -h ¡:::¡¡ ':otn' .. ',.I -. 0; ~- '''1 r -; ¿ .. (1I1-i~"\1 ~ ....... VLJ I . --~':-:.~. ." ~t~~ I'"'" ¡o-- ,. "~~ - . . II . ... "'1'\ ,1'. ! . . . . - - .. .. - .~ ) _.... ".,.......... ......~~....... . . . .III . . . .... . .. .. - M_"_ .. _w ", a ,.. ,; ~ - ~ .- .. f-..-.. to ~ . -. .. - - .. .. .. .. .. .. ... - .. . . . . .. r . .. .. .. .. '. . -. - .. · ro- 1- ... - ............ - .¡... .. .J. ... .. .. .. . -. .. .._ 1_. .. -,' ~ ~ -~ -,_..-,-~= '~ -A1"J~) _ ~ ,. : ~ ~ ' ...... . .-'. -"\'I~- _~~ ~ ~ - .. ," . . .. .. - . . . "'.... ........ .. · .. -..",."..--. · . . . . ~ ~ . . - - - . II. · .nt - .. i_~ -. .. E ~~ .. ~ . . . . . . . . - - - · .. YI . II . " lit . . _ tit ,. .. . rr~ , I .. - r I · .. '''''' I.-. .... . - .- " .. I , I .J.I iii : ~_. .... -- - --.r....... En. HNI HOLE MONTES EIIGIINŒRS.R.WIERS ,SUR'ÆTORS J -_..._..,--......_~_..~...... Agenda Item No.1 08 October 26, 2004 Page 79 of 104 ,,-.. EXHIBIT '¡B" .--- -\ ...-..............................."........-............. . ... ....·........·....."·_..H.... ·.......·......"....H ....-....._.........._"......._.._........_"". ................._.._...h"H_h......___.H ..................._...._........." ..····.·............_'......MM.._..........._.~ .'. r / r = - - I-- - .. . .' = , 7 - . ~ I ~ , .. - = - - - ~ ~. .. · I-- · t-- · = · - . -w-- ~ "I11....--~ I -)J..:: . ~\r I ',.I . ~ I J . I I' .. -', ::: : /1 ~;1.:~1 l .. - i3.~ -"'-.. -, -'~ . -1M· -.:-:c-. - - -:-.n -j :x-~. '" '. '.. -{î~. ,. L~ \~--:ž'~ -'- I ..~ . ~,~. " , r:: ~\-. 'L ,~'''''1".,.. . -_' /-//; "'-::e?'w:;l,,~' ......~ r",¡: ~--... ....~.- _.:t]þ ... ;~~'t~" .~" ... -.....~ -;.:"1 -:-~,¡:;"i!t ~v. \ ::'-, " - -r.;:.-\. "19" .._'" -. ,.J -_ f~ ............0. ,'__ ~~~~~ -~·£;t~lu.. -~-)¡..~J~~~~ 1~ ..... ~-···-~::;:c1.~,~, "~', 11::F ,t;'I'''~} I~f; ·,"-7 . (ò . í'~ ~...~' ...iw~';;¡' . ... .~~~.,. I í ~'~'~!~ \. ¡-..'t...... . ~ / ~'" .. .. .. .. II~>".:: _; I. -..::.');;~~~.¡: ..... f ~~... \ .. i ~. <:-~; J ~ f -- ...- .,...t. r:t'., · J . \. . 't;j .. ;. '\" -. I / ........... J0,~fP· !J\ ....'-: ¡ ¡ -~ -~~ .../ . .'J'*. ~ ,.J ' ì .... 1(. .: . ...".,~~....:~¿, -' ~,' .. r '. ~ - - t ~---....) ..."', ,............. ............ ,,-'- " .-' .. .. ¡ .. , In:·:~····~·····~),·if. '. .. . . . , . . · ' . :1;0' . . . ...' :r.1 ,. ... . -7 -, :OIlE-. " .~~; ; i. ~ ~ - I . ' ~:j~j'<'.:./~ ~\' [±..\!.~ -~~ 1-- ~ I ~- ..FF11Y ~ ± T. I. . . .. .\ .. .-.. f -:-.. .. ? - - .' - .. .... - ~ ~' .. ~. . ..~. . .. .. .. .. EXHBfT B LAN:) DONATION FROM SA TURNA LAKES <RIGAS P.uD.) LOGAN BLVD VANDERBL T BEACH ROAD TO NMOKALEE ROAD NOVEMBER 19, 2002 .. .. .. .. . . . . .. . .. .. .-' -- .- .. · ... · · 1ItJ. . . .... _ .. .. .. .. . -/ .. .. .. .. .. .. j I , II~- ... / f · ... '} fir 1~..4 .. ,. ~II: .. ..,I. ;to IIJIFV '" ~ 'I'" y"./ I_A ~I ~ )~: ~ ~·:·lbN .. . ~.... .1~ .. .. · .. .. .. .. .. . .. .. .. .. .. .. .. ~ .. .. 'iP1i - .. .. . . . . .. .. .. .. · - -.... · ... . . . . - . . ... .. .. 7 .. .. .. .. ~ . .. . . .. .. - .. .. .. 1.-- .If .. .. .. .. .. · . .. .. .. .. · ". .. . .. .. .. .. .. .. . .. " .. · .. .. .. .. .. ... - .. · - - - - u. '"' -- ... f . .. .. .. .. .. .. Of - .. .. D .. · .. .. .. - .......... II. -- ~r ,.... ....~ j\ U "0, 'UUf+ ~ ;;80 of 1 ~ ~ . ( I I ~~~ j \,. \' \ ! . SOD 1000 \. ./ - -.. - -. - ... , -, -. -. .. .- - -. -. - - I . I . - .. - _. If~S -. ~ "I :,: ~-;.~~.~ I~-. __ ~ - I I -. . . - -. -. -. .. I ... - . .JJ B1Pj -. -'__œ. I HNI HOLE ?>ACNTE~"J ENGIIIŒRS, PWlNERS .SURVí.YORS ~ · ._~.~"._~"........_.~_._"-"....,..,,-~~_._,,_..,, ~ Agenda Item No. 10B October 26, 2004 Page 81 of 104 - EXHIBIT C Legal Description of Terafina Development All of Section 16, Township 48 South, Range 26 East, Collier County, Florida, excepting the West 80' therefore pursuant to the recordation of that certain Warranty Deed recorded in Official Record Book 3052 Page 750. - ~ «2) ~ oC (,) III o .... U") T"" N N ® 0) ¡ ~ (J) (J) a.J 0:: ~ D~ a <II( 0:: {C UJ ~ ùiUJ (!)::w: ...J~ ,..... ~~ <L&J .- ..J 55 ...J <- ð- ~ -< ~ o ::E ~ ~ IX) .... 01 T"" Octobe 26.t2 04 Pag 82 pf 04"- i .- J g i ~ .. ~ e .... II I/) Ii .... o 'o. I::I: OJ W 0 ,... ¡ ..0 4! :g ~ Ø) S 01 ~ ~ a. c( c(::&'7 z 0 ¡¡:Z.... CCO- a:ï=!! WC:r: 1-(.)>< OW .... ~~ 0 õ ~ :; 3:~~~~ £ i¡¿¡Qi~ ~ W·:;:>Glf5 ~ ~¡:;;u= ~ :5-NI\1~ .Q m 0. -:c.;:; " ! ÌIi~,g }J glJ..:; £ f. ..( E <3 '" .;; N o o '" N > o Z -; ~ o ...J .ä J! 0> ¡o " .. ·····..,~".........w.,.._.~_ Agenda Item No.1 08 October 26. 2004 Page 83 of 104 ,~. EXHffilT D Preliminary Estimate of Probable Cost Design Construction Construction Engineering/Inspection $ 700,000 4,800,000 400,000 TOTAL $5,900,000 ,ø-. ,- ..··..·...._."_...._....,,.w..__......... ." . .~....." ..~. .~.....,.. Agenda Item NO.1 OB October 26,2004 Page 84 of 104 ExmBIT " E " Phasintz Schedule: The phasing identified below should be construed as a minimum, not as a maxÍß1um. Nothing within the DCA shall preclude G,L.- Hardy ftom exceeding (i.e. going faster) than the phasing schedule herein specified. Year] (by December 1, 2003) - Design and submit a typical section, the alignment study needed for condemnation of the property not owned by the County and the right~of-way pennit application to Collier County for construction of the Project entrance. In the event a second party [other than developer), designs and submits for permit the construction plans for Logan Blvd. from its present terminus north of Immokalee Road to the Terafina project entrance, the phasing elements of this improvement shall be considered complete. Year 2 (by December 1,2004) - Assuming Collier County issues permits for construction by May I, 2004 (which permits being inclusive of all required right-of-way permitting of said construction) commence construction of ilie Project. In the event a second party, [other ilian developer], constructs Logan Blvd. from its present termínus north of Immokalee Road to the Terafina project entrance, the phasing elements of this improvement shall be considered complete. Year 3 (by December: 1, 2005) - Complete construction of: (1) Logan Blvd. from Immokalee Road to its present tenninus north of Vanderbilt Beach Road; and (2) Logan Boulevard from its present tenninus north of Immokalee Road to the Terafma project entrance, Complete construction of Terafina Phase I inftastructure (Phase 1 consisting of project entrance, connection to project Loop Rd., entry Water Management, and entry Utilíties). Apply tor and receive a minimum of 50 building peffi1Ìts within the Terafina development between October 1, 2005 and September 30, 2006, Year 4 (by October 1, 2006) - Apply for and receive a minimum of 125 building pennits within the Terafina development between October 1,2006 and September 30,2007. Year 5 (by October 1, 2007) - Apply for and receive a minimum of 125 building permits within the Terafina development between October 1,2007 and September 30,2008. · ~~ _._~Hn__.,____ - RUDEN MCCL.OSKY SMITH SCHUSTER & RUSSEL.L., RA. Agenda Item No. 108 October 26,2004 Page 85 of 104 EXHIBIT "P' ATTORNEYS AT LAW C) ... ~.~> 'i') ~. ~. . -'., \.....~ ..' lDO F^ST BROWARD a06i-evARo;1' ~>: FORT lAUotROALé. FLORID,(·,hJ01 .~::\ -; .. \ :...~.. - ,~_ ~.1. . -:.("'. *~~\~~'"'~. ,.I:::~ . ~~~:." \. POST OFFICE BOX í~ I"ORT lAlJD~RDAlf.. FLORIDA 33102 (!fS4¡ 527.24()4· FAX: f~541 333.40D4 . MFG@II.UOEN.fO/'v\ r> .~".. - . Via Facsimile: (239) 774-0225 Collier County Attorneys Office Attn: Jackie Robinson 330 I East Tamiami Trail Collier County Government Center Naples, Florida 34112 December 6, 2002 Re: CoWer County Contribution Agreement For Road Impact Fee Credits by and between tbe Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and G.L.~I·Iardy, Ltd., a Florida Limited Partnership ("Contribution Agreement") dated December 6,2002 Ladies and/or Gentlemen: We are counsel for G.L.-Hardy, Ltd., a Florida Limited Partnership ("Developer")~ and G.L. Homes of Naples Associates II, Ltd" a Florida limited partnership ("G.L. Associates"), as general partner of Developer; and G,L. Homes of Naples II Corporation. a Florida corporation ("G.L. Corporation"), as general partner of G.t. Associates; and RPH of Naples, Inc., a Florida corporation ("RPH"), as limited partner of Developer. As such, you have requested our opinion in connection with the Contribution Agreement. (n rendering this opinion, we have reviewed the Contribution Agreement, the Agreement of Limited Partnership of Developer, and such other and further documents as deemed relevant (collectively, the "Documents"); have made such investigation of law; and have discussed with Developer such questions of fact as we have deemed necessary or appropriate tor the opinion hereinafter expressed. We have received from, and under seal of, the Secretary of State of the State of Florida ("Secretary of State") certificates that Developer is a limited partnership and that G.L. Corporation is a corporation, each organized under the laws of the State of Florida and that their respective status is active. In rendering the opinion hereinafter expressed we are (a) relying upon the foregoing certificates under seal of the Secretary of State; and (b) assuming that the instruments as certified by the Secretary of State as aforesaid are true and complete copies of the originals thereof and that same have not been modiíied unless and except as reflected by such certified copies of such instruments. We have no knowledge of any inaccuracies contained in the foregoing certificates under seal of the Secretary of State. In rendering this opinion, we are ,- FTl:970120:4 ..HWHH.........."...._.....,._ Agenda Item No_ 108 October 26, 2004 Page 86 of 104 December 6, 2002 Page 2 further assuming that all copies of all instruments examined by us are true and correct copies of the originals thereof, the authenticity of all documents, if any, submitted to us as originals and that all signatures are genuine other than the signatures of the Developer on the Contribution Agreement, which we know to be genuine. Based upon our examination of the Documents, and subject to the assumptions, limitations, and qualifications set forth herein, we are of the opinion that: 1. Developer is an entity duly organized, validly existing, and in good standing under the laws of the State of Florida and has all requisite power to carry on its business as now being conducted. 2. The execution, delivery, and performance of all terms and conditions of the Contribution Agreement, specifically including, without limitation, procurement of the Surety (as defined in the Contribution Agreement), by Developer has been duly authorized by all necessary actions (corporate, partnership, or otherwise) and does not require the consent or approval of any persons whose consent has not been obtained. Our opinion is expressly qualified in that it is given on condition that the County's counsel has not given the County any written advice in connection with this transaction that is contrary to any opinion expressed herein, We are members of the Bar of the State of Florida and, accordingly, express no opinion with respect to the laws of any other jurisdiction, other than those of the laws of the State of Florida and the laws of the United Stales. This opinion is rendered as of the date hereof and we undertake no obligation to advise you of any change in any matters stated herein. Only the persons addressed above are entitled to rely upon or to assert any legal rights creat.ed by this opinion letter. This letter may not be used or relied upon by any other person for any purpose whatsoever other than in connection with regulatory requirements or in response to a court order, without our prior \witten consent. Very truly yours, RUDEN, McCLOSKY, SMITH, SCHUSTER & ~USSELL, P,A. -\ ) / _ I l ! . ! . ~ .. ~ ,. FTL:9701204 ."H_.~...H.H_"H.,.....H"_"""'"_''''''' . ..'.N.._·...·.·...~....,...,.....,.~..'...,NNN..."...'..N.'...____ Agenda Item No.1 OB October 26. 2004 Page 87 of 104 G.L.-HARDY, LTD. CERTIFIED COpy OF PARTNERSHIP RESOLUTION The undersigned, being the sole general partner of G.L Homes of Naples Associates II, ltd" a Florida limited partnership (the "General Partner"), the sole general partner of G.L.-Hardy, ltd., a Florida Limited Partnership (the "Partnership"), hereby certify that the resolutions set forth on Exhibit 1 attached hereto and incorporated herein by reference were duly adopted by the Partnership and are presently in full force and effect. IN WITNESS WHEREOF, we have hereunto set our hands on the Deœmber, 2002. {' J ,t.. ~ day of G.L.-HARDY, LTD.. a Florida Limited Partnership By: G.L. HOMES OF NAPLES ASSOCIATES II. LTO" a Florida limited partnership. its generaf partner By: G.L. HOMES OF NAPLES II CORPORATION, a Florida corporation, its general partner ß~ Alan Fant, Vice President By: ",.-- FTl:970088:3 ..".__..~....~..~_...-,._--_......._._--"'" Agenda Item No.1 08 October 26,2004 Page 88 of 104 EXHIBIT 1 .rt. RESOLVED, this 1.3:- day of December, 2002. by G.L.-HARDY, LTD., a Florida Limited Partnership (the "Partnership"): WHEREAS, the Collier County Board of County Commissioners (the "County") has agreed to grant to the Partnership certain cash reimbursements. road Impact fee credits and vesting rights (collectively, the "Road Impact Fee Credits and Vesting Rights") in exchange for the contribution of advanced off-site roadway construction improvements (the "Contrlbutíon"); and WHEREAS. the Road Impact Fee Credits and Vesting Rights are and will be used for and in connection with the Partnership's development of that real property located in CoWer County and referred to as "Terafina"; and WHEREAS. to evidence the agreement between the County and Partnership in relation to the Road Impact Fee Credits and Vesting Rights and Contribution, the Partnership shall execute and deliver to the County the Collier County Contribution Agreement for Road Impact Fee Credits No. 2002-009- TR-GL Homes dated . 20Ò2 (the "Contribution Agreement"), which shall be recorded in the Public Records of Collier County, Florida; and WHEREAS, as security for the full performance by the Partnership of all of its obligations under the Contribution Agreement. the Partnership shall secure a bond or letter of credit ("Surety") in the amount equal to 115% of the Final Certified Estimate of Probable Costs of the Contribution to be prepared pursuant to and in accordance with the Contribution Agreement and to execute and deliver such other agreements. instruments, statements. and documents necessary to consummate the Contribution Agreement (collectively, the "Other Documents~); and WHEREAS, the Partnership wíll benefit from the above-described transactions. NOW, THEREFORE, BE IT RESOLVED, that the Partnership authorizes G.L. HOMES OF NAPLES ASSOCIATES II, LTD., a Florida limited partnership (the "General Partner"), to authorize any Vice President {"Authorized Officer") of G.L. HOMES OF NAPLES It CORPORATION, a Florida corporation (the "Corporation"), to execute the Contribution Agreement and deliver the same to the County; and FURTHER RESOLVED, that the General Partner is hereby authorized and directed to authorize and direct the Corporation for and on behalf of and in the name of the Partnership to enter into, execute, and defiver the Contribution Agreement substantially in the form presented this date to the General Partner of the Partnershfp, which Contribution Agreement is hereby approved with such addaional, modified, or revised terms as may be acceptable to such General Partner conclusively evidenced by its execution thereof on behalf of the Partnership; and FURTHER RESOLVED. that the Partnership authorizes the General Partner to authorize the Authorized Officer of the Corporation to procure the Surety as required by the Contribution Agreement; and FURTHER RESOLVED. that the Partnershjp authorizes the General Partner to authorize the Authorized Officer of the Corporation to execute and detiver any and all Other Documents required to effectuate the Contribution Agreement; and FURTHER RESOLVED, that the General Partner is hereby authorized to authorize and direct the Authorized Officer to do all such things and acts and to make, execute, and deliver, on behalf of the Partnership, all such other agreements, instruments, and documents and to pay all such costs. expenses. and taxes as such Authorized Officer shall deem necessary or desirable in order to carry out the purposes and intent of these resolutions which shall be, and the same hereby are, in all respeçts ratified, approved and confirmed. FTL:970088:3 ___J , _.._......~....~,......_._. Agenda Item No. 108 October 26, 2004 Page 89 of 104 CERTIAED COpy OF CORPORATE RESOLUTION I. Paul Corban, Secretary of G.L. HOMES OF NAPLES 1/ CORPORATION, a Florida Corporation (the "Corporation"), do hereby certify ~ at a special meeting of the Board of Directors of the Corporation duly called and held on the J.r.:. day of December, 2002, at which meeting a quorum was present and acting throughout, the following resolutions were duly adopted by the unanimous vote of all directors. WHEREAS. Corporation is the sore general partner of G. L. HOMES OF PALM BEACH ASSOCIATES II, LTD.. a Florida limited partnership (the "General Partner"); and WHEREAS, General Partner is the managing general partner of the Partnership; and WHEREAS, Corporation is desirous of causing the Partnership to enter into that certain Collier County Contribution Agreement for Road 'mpact Fee Credits (the "Contribution Agreement") by and between G.L.-Hardy, Ltd" a Florida Umited Partnership. and The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County (the "County"); and WHEREAS, Corporation and Partnership wilt benefit from the above-described transaction. NOW, THEREFORE, be it resoJved by Corporation: 1. That its Vice President, Alan Fant, or any other Vice President of Corporation. or any of them individually, is authorized, empowered and directed to enter into, execute and delíver, on behalf of this Corporation, any and all documents or instruments necessary and/or desirable, in the sole direction of said officer, to enter into the Contribution Agreement and to consummate the transactions contemplated by the Contribution Agreement. 2. That such officers are authorized, empowered, and directed to enter into, execute, and deliver, as applicable, any and all documents or instruments, and to make any appropriate statements, representatJons, warranties, certifications. findings, and confirmations on behalf of this Corporation, which may be necessary, appropriate, or convenient. in the sole judgment of said officer, to expedIte any and aU of the covenants, agreements, and conditions of the Contribution Agreement and as otherwise requIred to consummate the transactions contemplated by the Contribution Agreement. 3. That such officers are authorized and directed to do and cause to be done all such things and acts and to make, execute, and deliver and cause to be made, executed. and delivered, and any air other agreements, instruments, and documents and to pay all costs, expenses, and taxes on behalf of the Corporation as these officers shall deem necessary or desirable in order to carry out the purposes and Intent of these resolutions and that all of the acts and doings of these officers whjch are consistent with the purposes and intent of these resolutions shall be ratified. FURTHER CERTIFY that the Corporation is in good standing under the laws of Florida. has the power and authority, on behalf of the Partnership, to enter into, e~ecute, and deliver the Contribution Agreement to the County, -- / J FURTHER CERTIFY that the Directors of the Corporation have full power and authority to bind the Corporation; and that the above Resolutions are in full force and effect and have not been altered, modified, or rescinded. FTL:970092:2 ,.">.__.._--",.."..~~ Agenda Item No.1 OB October 26,2004 Page 90 of 104 IN WITNESS WHEREOF, I have affixed m~ame as Secretary of this Corporation and have affixed the corporate seal of the Corporation this J.L. day of December, 2002. ~~ ---- By; . ~c..---- Paul orban, Secretary of G.L. Homes of Naples" Corporation FTl:970092:2 ...___.....___..HH_...'.. Agenda Item NO.1 08 October 26. 2004 Page 91 of 104 EXHIBIT G Conceptual Description of Parcels to be Acquired by County A series of parcels beginning at the South ríght-of-way line of Immokalee Road across from the northerly extension of Logan Boulevard and extending southerly for approximately ~ mile to the northern limits of the Rigas PUD (Saturnia Lakes) for the purpose of constructing the proposed Lo gan Boulevard. .-- -. 1..-::........... !; (~~,)! / ' (~~ 2s' tj e\ .....' .:.; ¡ i A.. -'. _ I¥f _, .01'[', ~(Þ\., 1 L i fi1'iti1.~ - +. -I'tt . 1.:.... .. r-.;;1¡ - .... - ~ , - ,<;'\';\'~.;"/1<K*' -.. . (.~.·~}"X-A .Jf '. .~\. .' ·····~~þ:jl~:-" . .8·~~ ~_ ~~~ . . ~~~.~~. L 1 ~ ... .\. .~I. fl-:. ,.<1 .~ 1 _,a .. I ¡ . . .. .~ .. .. .. .. ~ '1nr\A ~ Pß~92 of 104j ~J ..,~ ~ (' M ~ I L_..~:; /~io 0= = - !--- r-I = - ~ .. . ... r ,. ry v' r-- i-- = r- .. f-- !== - - - ~ - .. ill · - · - · = · -- . r-- ~ \ '\" 1 \ . ~ 500 1000 I \ t ~ 1-'.. -.- . :'~'h,' '01, ~'IªI I -- ~ I \ '. D -r-oo 'oo '.) ·..;o:~~ ~ -. · I \_. '\_'1 ., · - c;..,,- .. : -- -_..~ -~ t1...~. ....~- - n .. I~]- . .y.' ~.~. · U ~. ,-. '. (:"t:.n.·.. .I .. ..1/_.,. . "'....J \1., 1,.. p:\, ~ ·~·""l I fi h! -. <~. .....;, ... . t '''-'';;,~ . ¡- ,- -.. f~~ ,; . " i;~- I [~,. -- :e:~ -"[í'B':- "'~~dt::~.m;="I,";.~.¡~ -:-. \. '.I:f·:<i;; _."\ foV ,,_, _ ._ ... ..~~_ ~. ...::,~.... ~I'-' -. -.. I' - _,; ""'. ",_., ~-:._:; \',Il~. ·'~.'.I-·"·~' - ~'- -",:_.Þt!_...,~~ ·t,. ~;:.. I ~< ~J:';;,,_:~ -~.. '~-:c:.,¡.. ~Jr." t-"- '" ,:"'.J-V\i- ~ ,?" :.~ I ~ r: .. .. -¿' II '!'r.::t,.... I '("'~C;:'¡"" ~ . .'~' 'ç;~ '. ~ ~ ' ................ i. ¡¡.>'.. I ~'f¡-+",~ '. ¡.. ~-:\"i'~ 2'--' :;¡; .. ) - .... ~I. I' -': . .., '._.".,' -, 'io_' 'i.:'~-'~ { a .. II .. - - Iy,......_ --' l, ~:-~ :JI~ ' ... \ _.! "!:..'~ ~( :q' · .,i... ~ : "Y . I.. I 'I:':" \'rv:i''-,,~.a II - I """ '.. .......-..:~,.'.J.t:.:..\ III "''';~. ( / (_·ç·~~~~\:·ì) J~ : " ,. -r- ~ III "" , . -:~~ .. .. .. . .. .. .. .. ... .. .. I, ." ... ._ _', .._~. .. .. .. If .. .. .. ...... .. .. ~I _.' .,' " -. .... . ~ -¡ .~_:.... ',. -. - - -'t~ '. . Il;l- -. . ... '". - .~ I ?_. ~~_ L_~.~~-·· If~ .~... .. '. ..-;~~ ~~:. · . .. . It " ,. .. . _ . .. _ .. ~ . -:J '.. _. _. · .. .. .. .. .. " .. .. - - - .. I~ m- -;;-Ä·-. ..-/. "'1 u. :11 -'. ~ j~~ í . - ;- · ;ft1Q~··-.i' - - - < -., ~ I -.'j¡ /' - .. . _.. - .. .. .. .. . .. . .. ... Iì- , ,.. ... .. .. .. .. .. -- - C Abç c'"' .~"... .. ~ ~, "=' II !;, ~ .: "'.... .. . 11 \!.. .. B, ~ .. .. .. Aj,...,..~~ ); ,Ir ~~ .. .. ., .. .. .. . . . . ~;. . ~~/ _:--- . .. ,-.. - - .. .. .. .. -'" -¡ .. .. .. . . " .. .. .. ... or .. .. .. .. .. .. . . ... .. .. 1M "IBU .... -, .. .. .. . .. .. .. .. .. .. II .. .. - ... - .. .. .. .. . " .. .. .. .. .. .. no i- "" , .. . - -. I .~ -. i .. I- - .. ¡. : .. j ~. . . . . . . - . EXHBIT G-1 PRELIMNARY SKETCH OF PARCELS TO BE ACQ~ED LOGAN BLVD. VANDERBL T BEACH ROAD TO IMMOKALEE ROAD NOVEMBER 19, 2002 .lI !!! -. -, . I ....,-.. -. -'__00. HNI HOLE ¡\JtONTES EidlEEIIS. PWlNEItS .SURVEYORS ...J' I . "~""MM · .......~..m.m..w...~~..~.......~~ Agenda Item No.1 08 October 26. 2004 Page 93 of 104 - EXHIBIT "H" A Preliminary List of Documents Needed By The County From Developer for Acquisition Of Parcel Not Under Control or Ownership of Developer As Depicted in Exhibit "G" 1. Final Design oftbe Roadway. 2. Study Indicating No Reasonable Alternative Alignment. 3. All Needed Appraisals, (Two Appraisals if over $500,000.ooJ. 4. Needed Legal Descriptions. ...--.... / ,,--. ·.........·w·......_..__.._._ . Agenda Item No.1 OB October 26, 2004 Page 94 of 1 04 EXHIBIT "I" Risk Mana2ement Guidelines For Ri2ht of Way and Construction Of logan Boulevard Developer shall maintain the required Commercial General UabiHty insurance in fuU force and effect, for the duration of the construction phase of logan Boulevard until accepted by the County pursuant to the terms set forth herein. The area insured shall be as set forth herein in Exhibit liB" to this Developer Contribution Agreement. Developer shall maintain Commercial General liability Insurance in lim¡ts of not Jess 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. /-----¡ ~ fjt;\~~I~;r, ~:~;nagem~t Director Collier County Government Date: December 6, 2002 ~~. ~·.._RW_·"·····~_·_~__~'··"~·'''...··W·'~W'' _~""""."'_W"W'''~ ······"..····.....R~_.'.....__.. Agenda Item No.1 OB October 26, 2004 Page 95 of 104 EXHIBIT "J" G.L. HOMES DEVELOPMENT ROAD IMPACT FEE CREDIT LEDGER FOR CONSTRUCTION OF LOGAN BOULEVARD IMPORTANT: This Road Impact Fee Credit Ledger is intended to Document the balance of Road Impact Fee Credits applying ONt y to the follov"lng property described in Exhibit "A-I" attached hereto: BEGJNNING BALANCE ESTIMATED AT: $5,900,000.00 Final amount to be determined upon approval by County's Transportation Division prior to Zlse of any credits. DATE PERMIT NO. ROAD IMPACT IMP ACr FEE County Developer FEES DUE CREDIT Official Representative BALANCE (Sígnature) (Signature) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ,,-- Agenda Item No.1 08 October 26, 2004 Page 96 of 104 EXHIBIT "K" COLLIER COUNTY AL TERNA TIVE DISPUTE RESOLUTION PROCEDURES 1. lNTRODUCTION: Florida law provides that written arbitration agreements are valid, irrevocable and enforceable. Unless othelWise 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 fonnal 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, ColHer County will utilize the Twentieth Judicial Circuit Court Mediation and Arbitration Program, [hereinafter "Court Program"], [0 facilitate these procedures. 2. DEFINITIONS: 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. 2.2 Evidence: Oral testimony, written or printed material or other things presented to the arbitrator[s] or mediator[s] 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 amoWlt. ________ ___J ~''''''''~'''''__'''''''''''~M'''H''''",'H....."....."_.M. ........................_.......... '0_' .. Agenda Item No. 108 October 26,2004 Page 97 of 104 1- 3.2 A claim in excess of $250,000,00 brought pursuant to a construction contract with the county shall be submitted to mediation or binding arbitration if voluntarily agreed to by aU 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 inítiated. 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. 3.8 Pendency of a claim or arbitration or mediation of a dispute shan not be a basis for delay of the contractor's performance under the contract. 4, fNITIA TING DISPUTE RESOLUTION PROCEDURE: 4.1 Either party shalI 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 by claimant. In any event, no claim shalt be made aftcr the date when institution of legal or equitable proceedings based on such claims would be balTed by the applicable statute of limitations. 4.2 Upon request, the County will make available to any party wishing to initiate arbitration or mediation, a procedural package containing the necessary forms. Tlle foans shall include a Notice of Claim, a Request for Negotiation, a Request for Arbitration and a Request for Mediation. The County's Purc11asing Department shaH 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 Fonn to the Purchasing Department. The initiating party must indicate on the fonn whether or not they wil1 be represented by counsel during the hearing and may indicate a desire to resolve the claim based solely on a submittal of documents by the parties with no hearing. 4.4 The Claim Form shall be accompanied by: /- 2 .a_....."R_H..H·_~'·_···___.·_...__.____h._......___...___..._."._ ,....___._........_..._.............__....._....___...__ .__."._.'"'." . . . n. ...... _....H..._...__.__.___.__...... Agenda Item NO.1 OB October 26,2004 Page 98 of 104 a. A brief summary of the nature of the dispute involved in each part of the claim. 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 infonnation be assembled in a tabbed notebook for ease ofreference. 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 fÌ"om that person and enter such statement into the record. 5. ADMINISTRA nON 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 fourteen (14) calendar days prior to the date scheduled for the hearing. 5.2 The County shal1 set a time and date for an arbitration 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 infonnation required in order for the arbitrators to gain a complete understanding of the issues, and if a party requests additional time, the arbitrators selected may continue the matter in 7-calendar day increments, A request for a continuance must be submitted to the arbitrators no later than 48-hours prior to the commencement of the hearing. Once arbitration has begun, it may only be continued in 24 - hour increments. 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 wi11 have exchanged all documents relating to the claim during negotiations between them prior to arbitration being initiated. ]n any event, a full 3 · .~. _..__......W".._..W.'NWW"·..·............."W""··"....·"WN...... ..."..,......W.."N·'··....·......,,_·...._..·..··....M....··..·.·.. ........."..._.....w_M".._..._..w.,...."""......,...."....,...,._.....""..........,.-...."..........." ...........,._.._...N"._...__......_ ......"'...w··..,........,,,.........w.....,.....__....O<~..._....... Agenda Item No. 108 October 26, 2004 Page 99 of 104 ! ,"'-" exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the hearing. Generally, introduction of documents will not be allowed during the hearing which have not been previously been revealed to the other party. 5.4 Depositions and interrogatories will not be allowed except upon an order from the arbitrators to take sworn testimony of an unavailable witness. 6. INVOLVEMENT OF ATTORNEYS IN AN ARBITRATION HEARING: Counselor another person who has sufficient authority to bind that party at any hearing may represent a party. A court reporter will be present, unless waived by both parties, a. The hearing will be ¡nfonnal 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 pennitted. The arbitrators may limit examination and argument as they deem appropriate. 7. CONDUCT OF EVIDENTIARY HEARING IN ARBITRATION: 7,] The County or court reporter if present shall administer an oath to aU persons who are to testify during the hearing. 7.2 Documents will be accepted and identified for the rccord. 7,3 Distinct and severable parts of a claim may be deall with 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 aUowed. 7.5 Reasonable attempts wil1 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. ,.- 4 ·~. ... '.··.R~ ,., .....~.. . ...' ~""R~ ~~H~~,_.......·._.__~~~~R~"""'R~~_"''''__'''' ,....~_.'~._~. Agenda Item No.1 OB October 26,2004 Page 100 of 104 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 deems 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 party shall pay its own costs and attorney fees. d. All arbitration shall be concluded within one-half (1/2) day and aU mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. 8. ADMINISTRATION OF MEDIATION: 8.1 The respondent shall prepare a mediation summary regarding the claim and furnish a copy to the party requesting mediation 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 infonnation 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 commencement of the mediation. Once mediation has begun, it may only be continued in 24 - hour increments. 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. 5 Agenda Item No.1 08 October 26,2004 Page101of104 ,- 8.5 Each party shall pay its own costs and attorney fees. 8.6 AU 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 decision- making body ofthe 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 counselor 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. 8.9 The mediator shall at all times be in control of the mediation ro1d 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. 8,1 ] The mediator may meet and consult privately with any party or parties or theÌr 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. I 3 If the parties do not reach an agreement as to any matter as a result of mediation. the mediator shaH 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 ARBITRA TrON PANEL OR MEDIA TOR: Arbitrators and Mediators shal1 be paid at the rate of$150,00 an hour, or the current rate for the Court program. An additional fee of25% shall be payable to the Court Program for administration of any arbitration, but shall not be assessed for a mediation. The parties shaH equally share all costs and shall remit all charges to the Court Program upon the conclusion of the ADR Process. ",,,.--. 6 --'''~''-"'~''_..".,-,-,,- r-··-·· I i i I t i I ¡ I .--.-.....,-..----- Agenda Item NO.1 OB October 26 I 2004 Page 102 of 104 10. MEMBERSHIP: 10,1 The Arbitration Panel wil1 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 aU arbitration panel members have experience with the type of construction involved in this project. lOA It is imperative that mediators and arbitration pane] members show no partiality to either the Contractor or the County, nor have any conflict of interest. 10.5 The criteria and limitations for mediators and arbitration panel membership is as follows: a. The person[s] selected will not have any direct or indirect ownership or financial interest in the Contractor awarded the project, the CEI consulting finn 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 his/her 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 II of the Rules for Mediators and Part II of the Rules for Court Appointed Arbitrators shall apply, except Rule 11.110 and Rules }O.870 through 10.900. e. Rules 1. 72O(c). (d), and (e) of the Florida Rules of Civil Procedure governing mediation are incorporated herein, 7 _.__.__.__.._---,--_._..-._._...._..._.'....,~--'-_._....'--....._....._~..._"-_.._..,...._-_....., ...........___...._M................_....,.........._.........__........._...._............_...._Mm..____...··__··.···_···_ ·····..~~···...,......_~R'"..~.N__.... Agenda Item No. 108 October 26,2004 Page 103 of 104 - 11. MISCELLANEOUS PROVISIONS: a. Arbitrators and mediators shalI 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. Prepared and Approved as to fonn and legal sufficiency: G ".- .- 8 ·'''·,,·..········__.._·._~.......N'.R..,.........'H_.'_..,HH........'.....__ .··.....'·.........._._...H...._......__.NN._....__._. -~._---_._.._---_.._-_... Agenda Item No.1 OB October 26,2004 Page 104 of 104 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 First, the Following Matters Must Occur, [All days are Calendar Days]: Up to 14 days after occurrence or Notice of Claim,[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 F11ed. 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 c1aim must be served on opposing party and Mediator or Arbitrators. No Later Than 48 Hours 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 oithe 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. H/JacbclDisputc Resolution Procedure 9 --.~.-.-....'....----...-~..-._..-..-.- Agenda Item No. 1 DC October 26,2004 Page 1 of 27 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE AN INTERLOCAL SERVICE DELIVERY AGREEMENT WITH THE BIG CYPRESS STEWARDSHIP DISTRICT. OBJECTIVE: That the Board of County Commissioners approve the attached Interlocal Service Delivery Agreement with the Big Cypress Stewardship District. This Executive Summary is being submitted at this time in keeping with a prior directive of this Board, as detailed below. CONSIDERATIONS: On October 28, 2003, the Collier County Board of County Commissioners was presented with a proposal relating to the creation of the Big Cypress Stewardship District (District), an independent special district, within the Rural Lands Stewardship Area (RLSA). After a public hearing relating to this matter, the Board found no objection to the creation and establishment of the District, and adopted Resolution 2003-380, a copy of which is attached to this Executive Summary. This Resolution provided in relevant part as follows: "3. The Board's adoption of this Resolution is conditioned on the continuing existence of the following provisions in the finally adopted text of the Special Act: ... .'- (b) The District and Collier County shall enter into an Interlocal Service Delivery Agreement providing for a fair share capital construction funding contribution for the long-range traffic capacity improvements of county arterial and collector roads within and proximate to the District within 90 days of the Act taking effect. 4. The adoption of the Resolution is also conditioned on Collier Enterprises, Inc. entering into an agreement with the County for the fee simple donation of road- right-of-way, to supplement County owned right-of-way, sufficient. to accommodate a six lane cross section on Immokalee Road and Oil Well Road, and acceptance of storm water retention along Immokalee Road and Oil well Road, within 30 days of enactment of the bill establishing the District. Road impact fee credits will not be granted by the County in exchange for donated right-of-way. The agreement shall only take effect upon the proposed legislation becoming law." The District was thereafter created by Chapter 2004-423, Laws of Florida (2004), with Section 12(13)(b) of this Act providing as follows: "The district and Collier County shall, within 90 days after referendum approval of this act as provided in section 15, enter into an interlocal agreement with Collier County providing for a fair share capital construction funding contribution for the long-range traffic capacity improvements of county arterial and collector roads within and proximate to the district. The agreement may be amended by mutual consent of the parties." The 90-day period expires on or about October 27,2004, .- .' .-----....... _....... "....".._.,.;.,..,.,'''''......,.;j....",.,¡,...,,''"-'''''''_.,-".,~ .- Executive Summary Interlocal Service Delivery Agreement Page 2 Agenda Item No. 10C October 26,2004 Page 2 of 27 In keeping with both Resolution 2003~380 and this Special Act, staff drafted the attached Interlocal Service Delivery Agreement with the Big Cypress Stewardship District. This proposed agreement was sent to counsel for the District on October 1, 2004. Since that time, the parties have been unable to agree on a final version. Faced with the October 27, 2004 deadline, staff is submitting the attached Agreement for Board approval. The proposed Agreement provides, in relevant part, the following: "The District shall freely dedicate, at no cost to the County and without any impact fee credits, the following: (a) A laO-foot strip of land directly adjacent to the north side of that segment of existing Immokalee Road right-of-way within the District; (b) A 100 foot strip of land directly adjacent to the south side of that segment of existing Oil Well Road right-of-way within the District; and (c) For the purpose of providing sufficient stormwater drainage for those segments of Immokalee Road and Oil Well Road within the District, working with the County, the District will provide either (1) at least 3 acres of suitable land per mile of road, or (2) will accept such stormwater into existing District-owned or controlled stormwater systems, or (3) a combination of the above." ,'-" Staff believes that there is no substantial disagreement with the District with respect to this Provision. There is disagreement, however, with the following provision: "The County shall have an Option to Purchase a l20-foot right-of-way generally described in Exhibit "B" to this Agreement, connecting Oil Well Road to Randall Blvd, (the "Bypass"). The terms of this Option are as follows: (a) The Option shall be exercisable by the County in its discretion and without obligation. (b) The Option shall be exercised, if at all, by written notice to that effect sent by the County to the District, no later than three (3) years following the County's receipt of notice by the District that the area in which the Bypass is located, in whole or in part, has been formally rezoned, Constructive or actual notice of the rezoning is insufficient; the County's time to exercise shall only be commenced following actual receipt of such notice. Once notice is received, time shall be of the essence, (c) If the Option is exercised following the formal rezoning of the area in which the Bypass is located, in whole or in part, the purchase price for this Bypass shall be based on a negotiated amount not greater than the market value of the land set aside for the Bypass prior to the rezoning action, as determined by an accredited appraiser from a list approved by Collier County, which appraiser shall be mutually agreed upon by the parties, If the purchase price exceeds the value set forth in Section 125.355, Florida Statutes (presently $500,000), then the purchase price shall be based on a negotiated amount not to exceed the average of two appraisals, with the appraisers selected in the same manner as set forth above. All appraisal costs shall ,,-. - Executive Summary Interlocal Service Delivery Agreement Page 2 Agenda Item No. 10C October 26,2004 Page 3 of 27 be borne by the County. If the Option is exercised prior to the formal rezoning of the area in which the Bypass is located, in whole or in part, then the parties will follow the same procedure as set forth above, except that the date of valuation shall be the date that the Option is exercised, The County, at its option, may purchase this land either through cash, or by impact fee credits. If the election is to be via impact fee credits, the parties will enter into the County's then standard form Contribution Agreement, which Agreement will be consistent with the then-current Impact Fee Ordinance, except that if then permitted by all laws and Collier County Ordinances, the Contribution Agreement will provide that the Impact Fee credits awarded to the District for this Bypass shall be applied as the first 50% payment required under then-current Division 3,15 of the County's Land Development Code ("LDC") to obtain Transportation Certificates of Public Facility Adequacy which Certificates shall be issued by County upon the County's agreement to accept the contribution." Staff believes that this provision is in keeping with the spirit of both Resolution 2003-380 and the Special Act, as it is necessary for the long-term traffic capacity needs for this region of the County, The District does not wish this provision to be part of the interlocal agreement, preferring instead the approach of discussing this issue with the County as development of this area proceeds. - " The Agreement also provides as follows: "The parties acknowledge that the conveyances contemplated herein will afford the grantee highway or road agency with property rights sufficient to be used for the improvement of a road within the boundaries of a public right of way." The District would like to see the following phrase added to this provision: "The District shall retain all Stewardship Credits for lands conveyed to the County." Staff opposes this language, believing that Stewardship Credits are not available in this type of transaction. FISCAL IMP ACT: Staff believes that the County will receive a substantial future benefit as a result of this Agreement, however, the benefit cannot be calculated with any degree of certainty at this time, GROWTH MANAGEMENT IMPACT: This Agreement is in keeping with the County's growth management plan. RECOMMENDATION: That the Board of County Commissioners approve the attached Interlocal Service Delivery Agreement with the Big Cypress Stewardship District. PREPARED BY: Jeffrey A. Klatzkow, Assistant County Attorney ",...... Agenda Item No, 10C October 26, 2004 Page 4 of 27 COLLIER COUNTY BOARD DF COUNTY CDMMISSIONERS Item Number Item Summery 10C Meeting Date RecommendatiDn to approve an intertoca! service delivery agreement with the Big Cyp'ess Stewardship District. (Nonnan Feder, Administrator, Transportation Services) 10/26/2004 9:00:00 AM Approved By Oiano Perrynuan Executive Secretlll)' Date Tranlportíon Services Transportation Service.. Adrnln. 10119120041:01 PM Approved By Jeff KlatzkDW ÄI4ìtìtflnt County Attorney Date County Attorney County Attorney Office 10/1912004 2:03 PM A pproved By Sharon Newmün Accounting Suporví50r Date Transportlon Servlcel Trllns.portation Administrlltion 10/19120044:10 PM Approved By Norm E, Feder, AICP Transportation Division Adminls.trator Date TranliportÎon Serv¡o.lu Transportation Sltl'vic,,'\I. Admin, 1011912004 4: 18 PM Approved By Pat Lehnhard Administrl;tive ASSlistant Data County M.lnlger's Office Offlçe of Management & Budget 10119/20044:27 PM Approved By Michael Smykowsk'i ManAgement & Budget Director Date County Manager's Officl9 Office of Management & Budget 10/'19120044:42 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Offíc:e 10/19/20045:05 PM RESOLUTION 2003-..].80 Agenda Item No.1 DC T~fl~i A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FINDING NO OBJECTION TO THE CREA TION OF THE BIG CYPRESS STEWARDSHIP DISTRICT. WHEREAS, the Collier County Board of County Commissioners (Board) has been presented with a proposal relating to the creation of the Big Cypress Stewardship District (District), an independent special district, within the Rural Lands Stewardship Area (RLSA) by Special Act; and WHEREAS, the Board previously appointed the Eastern Lands Area Oversight Committee (ELAC) to conduct a Rural and Agricultural Area Assessment (Immokalee Area Study) of lands which would, in part, comprise the District; and WHEREAS, the ELAC's Immokalee Area Study recommended the adoption of a Rural Lands Stewardship Area Overlay Amendment (Amendment) to the Collier County Growth Management Plan (GMP); and that Amendment has been adopted by the Board and found in compliance by the Department of Community Affairs; and WHEREAS, the Board more recently adopted the RLSA Zoning Overlay District (Overlay) and corresponding land development regulations in Section 2.2.27 of its Land Development code (LDC) which implement the Amendment by establishing a long-range stewardship land use program for approximately 300 square miles of Collier County's rural eastern lands so as to promote agriculture, protect wetland flowways and upland habitat, and directs growth to suitable locations through an innovative system of Stewardship Credits; and WHEREAS, the GMP and LDC allow for development in the RLSA and Overlay that can be serviced utilizing a single integrated plan of public infrastructure construction, maintenance, and operation; and WHEREAS, the creation of the District by the Special Act will provide for a public financing mechanism for public infrastructure and services without competing with other County providers in a portion of the currently undeveloped RLSA and Overlay; and WHEREAS, the creation of an independent special district under Florida Statutes Chapter 189 (2003), is a method of providing public infrastructure and services within the RLSA and Overlay for the development of anticipated rural villages, towns, and hamlets; and WHEREAS, the District's creation will also provide a mechanism for the preservation and management of those lands entered into the system of Stewardship Credits, as well as any lands set aside for mitigation purposes; and WHEREAS, the Special Act creating the District will require the District and the Board to enter into an Interlocal Service Delivery Agreement providing for a fee simple donation of road right-of-way by and a fair share capital construction funding contribution for the long-range traffic Agenda Item No..1 DC OC~p..b~r ~6j -i004 ..i~~ tYlf 27 capacity improvements of county arterial and collector roads within and proximate to the District within 90 days of the Act taking effect; and WHEREAS, Section 189.404(2)(e), Florida Statutes (2003), requires a resolution or official statement from the ColJier County Board of County Commissioners or County Manager stating that the District's creation is consistent with the County's adopted comprehensive plan and that the County has no objection to the Districts' creation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The creation and establishment of the Big Cypress Stewardship District pursuant to the proposed Special Act, in the form attached hereto as Attachment A, is consistent with the CoHier County Growth Management Plan and Land Development Code. 2. The Board has no objection to the creation and establishment of the District. 3. The Board's adoption of this Resolution is conditioned on the continuing existence of the following provisions in the finally adopted text of the Special Act: (a) Any proposed amendment of this Act which deals expressly with the requirements that the District is subject to and may not conduct itself in any manner that is inconsistent with the County's comprehensive plans and land development regulations shall not be considered by the legislature unless such amendment is accompanied with a resolution of support from and by the Board of County Commissioners of ColJier County, (b) The District and Collier County shall enter into an Interlocal Service Delivery Agreement providing for a fair share capital construction funding contribution for the long-range traffic capacity improvements of county arterial and collector roads within and proximate to the District within 90 days of the Act taking effect. 4. The adoption of the Resolution is also conditioned on Collier Enterprises, Inc. entering into an agreement with the County for the fee simple donation of road-right- of-way, to supplement County owned right-of-way, sufficient to accommodate a six lane cross section on Immokalee Road and Oil Well Road, and acceptance of stonn water retention along Immokalee Road and Oil well Road, within 30 days of enactment of the bill establishing the District. Road impact fee credits will not be granted by the County in exchange for donated right-of-way. The agreement shall only take effect upon the proposed legislation becoming law. .'--- "-"'-~,-_....... Agenda Item No, 10C O~F~6.rl9°4 .10 l:í' 27 THIS RESOLUTION ADOPTED this ~ day of October after a motion, second and majority vote favoring same. DATED: ATTEST:..,.. DWIGHT E, B!9Þ~~~, , ",,:--#0. ' ...,., '" , " £ .::,.;jJ', "';' ; :. .', . ,~<-~, .... 4-<'Adt ~¡''i: : :.... iDe ut lefi . '. -<" -: , \~ '--., . ~' '·J"I'.,~ . C' '_..','. Attest I' to'·tI)&l....:~~·'· .fglll'" 01111:' !ìlJ3t'.':;· BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ::i-~~ TOM HENNING, Chairman Approved as to form and legal sufficiency: &~hwF ~ Assistant County Attorney .-----.-.- '..--.- DRAFT November 17,2003 A HochtY1.tr11- A Agenda Item No.1 DC Octo~~~fE'~ A bill to be entitled An act relating to the Big Cypress Stewardship District; creating and establishing an independent special district in CoJlier County to be known as the Big Cypress Stewardship District; creating a charter; providing for minimum charter requirements; describing the boundaries of the District; providing for Supervisor qualifications, terms of office, election procedures, and compensation; providing powers; providing for liberal construction; providing for severability; providing for a referendum; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. The Big Cypress Stewardship District, an independent special district in Collier County, is created and established, pursuant to chapters 189 and 298, Florida Statutes, and the charter for such district is created to read: ,- Section 1. District establishment and boundaries.--For the purposes of providing public infrastructure, services, the assessment, levy, and collection of taxes, non-ad valorem assessments and fees, the operation of District facilities and services, and all other purposes stated in this act consistent with chapters 189 and 298, Florida Statutes, and other applicable general law, an independent stewardship district is hereby created and established in Collier County, Florida, to be known as the Big Cypress Stewardship District, the territorial boundaries of which shall be as fonows, to-wit: All Those Parts of Townships 47, 48 And 49 South, Range 28 East, Collier County, Florida, Being More Particularly Described As Follows: An of Section 14, Township 47 South, Range 28 East, Collier County, Florida, Less 100 Acres Of Land More Or Less As Described In Official Records Book 2496, Page 660, Public Records Of Collier County, Florida; (540 Acres ±) And All of Sections 23, 24, 25, 26 And 27, Township 47 South, Range 28 East, Collier County, Florida Less Right Of Way For c.R. 846, (Irnmokalee Road); (3165 Acres ±) And 1 pt'A. 'I-- l of- , J.. "..'.c~".__.~ DRAFT November 17, 2003 Agenda Item NO.1 OC OctO!~~[f All of Section 28, Township 47 South, Range 28 East, Collier County, Florida, Lying South Of C.R. 846 (Immokalee Road) And Lying North And East of OiJ Well Grade Road; (132 Acres ±) And All of Sections 34 And 35, Township 47 South, Range 28 East, Collier County, Florida; (1280 Acres ±) And The Westerly 520 Acres of Sections 1 And 12, Township 48 South, Range 28 East, Collier County, Florida; (1040 Acres ±) And All of Sections 2, 3, 10, And 11 of Township 48 South, Range 28 East, Collier County, Florida; (2560 Acres ±) And All of Section 13, Township 48 South Range 28 East, Collier County, Florida Less The Southeast One-Quarter ( 1,4 ) of Said Section 13 And Less The South 50,00 Feet of The Southwest One-Quarter of Said Section 13 For Road Right Of Way And Less The Easterly 60.00 Acres of The Northeasterly One-Quarter ( 1,4 ) of Said Section 13; (416.97 Acres ±) And All of Sections 14 And 15, Township 48 South, Range 28 East, Collier County, Florida Less The Southerly 50.00 Feet For Road Right Of Way Purposes As Described In Official Records Book 154, Page 529; (1253,87 Acres ±) And All of Section 22, Township 48 South, Range 28 East, Collier County, Florida, Less The Northerly 50.00 Feet For Right Of Way Purposes As Described In Official Records Book 154, Page 529 Public Records of Collier County, Florida; (633.94 Acres ±) And All of Sections 23 And 24, Township 48 South, Range 28 East, Collier County, Florida Less Road Right Of Ways; (1256 Acres ±) And 2 DRAFf November 17, 2003 Agenda Item No.1 DC oct~ï~ Ô~~ All of Sections 25, 26, 27, 34, 35 And 36, Township 48 South, Range 28 East, Collier County, Florida; (3840 Acres ±) And The West One-Half ( V2 ) Of Section I, Township 49 South, Range 28 East, Collier County, Florida; (493.66 Acres ±) And All of Sections 2, 3, 10, 11 And IS, Township 49 South, Range 28 East, Collier County, Florida; (3878,23 Acres ±) And All of Sections 22 And 27, Township 49 South, Range 28 East, Col1ier County, Florida, Less the Ford Test Track PUD; (1163.42 Acres ±) And All Of Section 34, Township 49 South, Range 28 East, Collier County, Florida, Less The Ford Test Track PUD And Less Official Records Book 2239, Page 144; (47.70 Acres ±) Containing a Total Acreage of 21,700.79 Acres of Land More Or Less; Section 2. Provisions of other laws made applicable,--The provisions of chapters 189 and 298, Florida Statutes, and all of the laws amendatory thereof, now ex.isting or hereafter enacted are hereby declared to be applicable to the Big Cypress Stewardship District. The Big Cypress Stewardship District shall have all of the powers and authorities mentioned in or conferred by chapters 189 and 298, Florida Statutes, as they may be amended from time to time. Section 3. Powers of the District; compliance with county plans and regulations.-- (1) The District shall have the fol1owing powers: (a) To sue and be sued by its name in any court of law or in equity, to make contracts, to adopt and use a corporate seal and to alter the same at pleasure; (b) To acquire by purchase, gift, or condemnation real and personal property, either or both, within or without the district, and to convey and dispose of such real and personal property, either or both, as may be necessary or convenient to carry out the purposes, or any of the purposes, of this act, and chapters 189 and 298, Florida Statutes. Provided however, initiation of condemnation proceedings outside the boundaries of the District shall require the prior approval by a supermajority of four votes of the Collier County Commission; 3 -- DRAFT Novernber17,2003 Agenda Item No. 10C October 26,2004 P.¡¡ge j t of"27 .' t ~ t :1. [';, .~ ';'-!I _. (c) To construct, operate, and maintain canals, ditches, drains, levees, lakes, ponds, and other works for water management and control purposes; (d) To acquire, purchase, operate, and maintain pumps, plants, and pumping systems for water management and control purposes; (e) To construct, operate, and maintain inigation works, machinery, and plants; (f) To construct, improve, pave, and maintain roadways and roads necessary and convenient for the exercise of the powers or duties or any of the powers or duties of the District or the supervisors thereof; and to include as a component of roads, parkways, bridges, landscaping, inigation, bicycle and jogging paths, street lighting, traffic signals, road striping, and all other customary elements of a modern road system; (g) To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems and facilities for providing transportation throughout the District, including private or contract earners, buses, vehicles, railroads, and other transportation facilities, to meet the transportation requirements of the District in activities conducted within the District; (h) To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain parking facilities within the District boundaries; (i) To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for parks and facilities for indoor and outdoor recreational, cultural, and educational uses; U) To acquire, construct, finance, operate, and maintain water plants and systems to produce, purify, and distribute water for consumption; (k) To acquire, construct, finance, operate, and maintain sewer systems for the collection, disposal, and reuse of waste and to prevent water pollution in the District; (I) To levy ad valorem taxes, non-ad valorem assessments, prescribe, fix, establish, and collect rates, fees, rentals, fares, or other charges, and to revise the same from time to time, for the facilities and services furnished or to be furnished by the District and to recover the cost of making connection to any District facility or system; (m) To provide for the discontinuance of service and reasonable penalties including attorney's fees, against any user or property for any such rates, fees, rentals, fares, or other charges that become delinquent and require collection. However, no charges or fees shall be established until after a public hearing of the board at the District at which all affected persons shall be given an opportunity to be heard; (n) To enter into agreements with any person, firm, or corporation for the furnishing by such person, firm, or corporation of any facilities and services of the type provided for in this act; 4 DRAFT November 17, 2003 Agenda Item No.1 OC October 26,2004 röG27 (0) To enter into impact fee credit agreements with local general-purpose governments. In the event the District enters into an impact fee credit agreement with a local general purpose government where the District constructs or makes contributions for public facilities for which impact fee credits would be available, the agreement may provide that such impact fee credits shall inure to the landowners within the District in proportion to their relative assessments, and the District shall, from time to time, execute such instruments (such as assignments of impact fee credits) as may be necessary or desirable to accomplish or confirm the foregoing. (p) To construct and maintain facilities for and take measures to control mosquitoes and other arthropods of public health importance; (q) To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for conservation areas, mitigation areas and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personal property; (r) To borrow money and issue negotiable or other bonds of the District as hereinafter provided; to borrow money, from time to time, and issue negotiable or other notes of the district therefore, bearing interest at not exceeding the maximum interest allowable by law, in anticipation of the collection of taxes, and assessments or revenues of the district, and to pledge or hypothecate such taxes, assessments, and revenues to secure such bonds, notes, or obligations, and to sell, discount, negotiate, and dispose of the same; ,,,-...... (s) To provide public safety, including, but not limited to, security, guardhouses, fences and gates, electronic intrusion detection systems and patrol cars, when authorized by proper governmental agencies; except that the District may not exercise any police power, but may contract with the appropriate local general purpose government agencies for an increased level of such service within the District boundaries; (t) To provide systems and facilities for fire prevention and control and emergency medical services, including the construction or purchase of fire stations, water mains and plugs, fire trucks, and other vehicles and equipment consistent with any adopted Collier County ordinances, rules, or regulations; (u) To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, and maintain additional systems and facilities for school buildings and related structures pursuant to this act and chapter 1013, Florida Statutes, which may be leased, sold, or donated to the school district for use in the educational system when authorized by the District school board; (v) To establish and create such departments, committees, boards or other agencies, including a public relations committee, as from time to time the Board of Supervisors may deem necessary or desirable in the performance of the acts or other things necessary to the exercise of the powers provided in this act, and to delegate to such departments, boards, or other agencies such administrative duties and other powers as the Board of Supervisors may deem necessary or desirable; and 5 .---^... --"""",,,'"---.' DRAFT November 17, 2003 Agenda Item No.1 DC OC'tû gi (w) To exercise all other powers necessary convenient or proper in connection with any of the powers or duties of the District stated in this act. The powers and duties of the District shall be exercised by and through the Board of Supervisors thereof, which board shall have the authority to employ engineers, attorneys, agents, employees, and representatives as the Board of Supervisors may, from time to time, determine, and to fix their compensation and duties. However, in addition thereto, the District shall have all of the powers provided for in chapter 298, Florida Statutes, as amended from time to time. All powers and authority of the District shall extend and apply to the District as a whole and to each unit of development as, from time to time, may be designated by the Board of Supervisors. (2) Notwithstanding any authority contained within this section, the development, operation, or maintenance of any District facilities or services shall comply with the adopted comprehensive plan for Comer County and any adopted land development regulations or specialized plans adopted which apply within the geographic boundaries of the District, including the Collier County Growth Management Plan and aU plans of the Metropolitan Planning Organization as they may apply to the projects and activities authorized pursuant to Section 3 of this act. Section 4. Sale of real estate within the district; required disclosure to purchaser.-- Subsequent to the establishment of the district under this act, each contract for the initial sale of a parcel of real property and each contract for the initial sale of a residential unit within the district shall include, immediately prior to the space reserved in the contract for the signature of the purchaser, the following disclosure statement in bold-faced and conspicuous type which is larger than the type in the remaining text of the contract.: "THE BIG CYPRESS STEWARDSHIP DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENT AL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW." Provided further, prior to the subdivision and sale or transfer of any assessable property within the District, the owner of land to be sold or transferred shall record the notice contained in this section in the official records of Collier County as a covenant to run with the transferred property. Section 5. Board of Supervisors, organization, powers, duties, and terms of office.-- (1) There is hereby created a Board of Supervisors of Big Cypress Stewardship District, which shall be the governing body of the District. The Board of Supervisors shall consist of five (5) persons, who, except as herein otherwise provided, shall hold office for the term of three (3) years and until their successors shall be duly elected and qualified, 6 ...~- ..-.-.. DRAFT November 17, 2003 Agenda Item No.1 DC Oct~~;:üt (2) Except as provided in Section 5.(3) herein, the election of the District's Board of Supervisors shall be on a one acre-one vote basis pursuant to section 298.11, Florida Statutes, as it may be amended from time to time, Each year during the month of June, a Supervisor or Supervisors shall be elected, as hereinafter provided, by the landowners of the District to fill the seat or seats of Supervisors whose terms have expired, All vacancies or expirations on the board shall be filled as required by this act and chapter 298, Florida Statutes. The Supervisors of the Big Cypress Stewardship District shall be residents of the State of Florida and citizens of the United States. In case of a vacancy in the office of any Supervisor, the remaining Supervisors may fill such vacancy until the next annual meeting of the landowners, when his or her successor shall be elected by the landowners for the unexpired term. As soon as practicable after their election, the Board of Supervisors of the District shall organize by choosing one of their number president of the Board of Supervisors and by electing some suitable person secretary, who mayor may not be a member of the Board, The Board of Supervisors shall adopt a seal, which shall be the seal of the District. At each annual meeting of the landowners of the District, the Board of Supervisors shall report all work undertaken or completed during the preceding year, and the status of the finances of the District. ,- (3) At the initial landowners meeting, the landowners shall, at such election, determine the length of the tenns of office of each initial supervisor so elected by them. Respectively, there shall be one-one year term, two-two year terms, and two-three year terms. Thereafter, all terms of Supervisors shall be for three years. Provided, however, one three year Supervisor position shall not be elected by the landowners. Upon the election of four Supervisors and organization of the Board, the Board shall appoint the fifth Supervisor for a three year tenn. The appointed member shall be a representative of an environmental organization based in Collier County who shall not be a District landowner. An appointed Supervisor shall be reappointed every three years thereafter following the annual landowners' meeting as prescribed herein until qualified electors of the District have approved the election conversion provisions of Section 189.4051, F.S. Subsequent to elector approval, the appointed Supervisor shall be replaced at the end of his term by an elected Supervisor elected pursuant to Section 298.11, F.S., at an annual landowners' meeting, all Supervisors shall serve until their successors shall have been elected or appointed and qualified. (4) All Supervisors shall hold office until their successors shall be elected and qualified. Whenever any election shall be authorized or required by this act to be held by the landowners at any particular or stated time or day, and if for any reason such election shall not or cannot be held at such time or on such day, then in such event and in aU and every such event, the power or duty to hold such election shall not cease or lapse, but such election shall be held thereafter as soon as practicable and consistent with this act. (5) Prior to taking any District action, a quorum must be present. Quorum for District meetings is three Supervisors. Section 6. Compensation of Board; Per Diem,- The Board of Supervisors may be compensated pursuant to section 298.14, Florida Statutes, as it may be amended from time to time, The Board of Supervisors may, by resolution, adopt a rate of reimbursement for travel, mileage and meals 7 DRAFT November 17, 2003 Agenda Item No.1 DC OCt~î2ðt for Board members and district employees and representatives on official District business pursuant to general applicable law. Section 7, Annual Landowners Meeting; Election of Supervisors.-A landowners meeting shall be held each year during the month of June, beginning with June 2004. The purpose of this meeting is to hold an election pursuant to section 4 of this act and for the Board of Supervisors to make any District reports. Section 8. Taxes; non-ad valorem assessments.-- (1) AD VALOREM T AXES.-- The Board of Supervisors, subject to referendum approval pursuant to Art. VII, s. 9 of the State Constitution, shall have the power to levy and assess an ad valorem tax on all the taxable real and tangible personal property in the District to pay the principal of and interest on any general obligation bonds of the District, to provide for any sinking or other funds established in connection with any such bonds, and to pay the costs for construction or maintenance of any of the projects or activities of the District authorized by the provisions of this act or applicable general law. The total amount of such ad valorem taxes levied in any year shall not be in excess of ten (10) mills on the dollar per annum on the assessed value of the taxable property within the District. The ad valorem tax provided for herein shall be in addition to county and municipal ad valorem taxes provided for by law. (2) NON-AD VALOREM ASSESSMENTS.--Non-ad valorem assessments for the construction, operation, or maintenance of District facilities, services, and operations shall be assessed, levied, and collected pursuant to chapter 298, chapter 170, or chapter 197, Florida Statutes, as amended from time to time. (3) T AXES, ASSESSMENTS, AND COSTS, A LIEN ON LAND AGAINST WmCH ASSESSED, ETC.--All taxes and assessments provided for in this act, together with all penalties for default in payment of the same, all costs in collecting the same, shall, from the date of assessment thereof until paid, constitute a lien of equal dignity with the liens for county taxes, and other taxes of equal dignity with county taxes, upon al1 the lands against which such taxes shall be levied as is provided in this chapter. (4) COMPENSATION OF PROPERTY APPRAISER, TAX COLLECTOR AND CLERK OF THE CIRCUIT COURT.-- The Property Appraiser, Tax Collector and Clerk of the Circuit Court of Col1ier County shall be entitled to compensation for services performed in connection with taxes and assessments of the District as provided by general law. (5) LEVIES OF NON-AD VALOREM ASSESSMENTS ON LAND LESS THAN ONE (1) ACRE.--In levying and assessing all assessments, each tract or parcel of land less than one (1) acre in area shall be assessed as a full acre, and each tract or parcel of land more than one (1) acre in area which contains a fraction of an acre shall be assessed at the nearest whole number of acres, a fraction of one half or more to be assessed as a ful1 acre, 8 DRAFf November 17, 2003 Agenda Item No. 10C October 26,2004 pa9t 0\1 Section 9. When unpaid taxes and assessments deJinquent; penalty.--All taxes and assessments provided for in this act shall be and become delinquent and bear penalties on the amount of the taxes in the same manner as county taxes. Section 10. Enforcement of taxes and assessments,-The collection and enforcement of aU taxes and assessments levied by the District shall be at the same time and in like manner as county taxes, and the provisions of the Florida Statutes relating to the sale of lands for unpaid and deJinquent county taxes, the issuance, sale, and delivery of tax certificates for such unpaid and delinquent county taxes, the redemption thereof, the issuance to individuals of tax deeds based thereon, and all other procedure in connection therewith, shall be applicable to the District and the delinquent and unpaid taxes of the District to the same extent as if the statutory provisions were expressly set forth in this act. All taxes and assessments shall be subject to the same discounts as county taxes, Section 10. (1) ISSUANCE OF REVENUE BONDS, ASSESSMENT BONDS, AND BOND ANTICIPATION NOTES.-- (a) In addition to the other powers provided the District, and not in limitation thereof, the District shall have the power, pursuant to this act, chapter 298, Florida Statutes, and applicable general law as amended from time to time, at any time, and, from time to time, after the issuance of any bonds of the District shall have been authorized, to borrow money for the purposes for which such bonds are to be issued in anticipation of the receipt of the proceeds of the sale of such bonds and to issue bond anticipation notes in a principal sum not in excess of the authorized maximum amount of such bond issue. (b) Pursuant to chapter 298, Florida Statutes, and applicable general law as amended from time to time, the District shall have the power to issue assessment bonds and revenue bonds, from time to time, without limitation as to amount for the purpose of financing those systems and facilities provided for in section 3 of this charter. Such revenue bonds may be secured by, or payable from, the gross or net pledge of the revenues to be derived from any project or combination of projects; from the rates, fees, or other charges to be collected from the users of any project or projects; from any revenue-producing undertaking or activity of the District; from non-ad valorem assessments; or from any other source or pledged security, Such bonds shall not constitute an indebtedness of the District, and the approval of the qualified electors shall not be required unless such bonds are additionally secured by the full faith and credit and taxing power of the District. (c) Any issue of bonds may be secured by a trust agreement by and between the District and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the state. The resolution authorizing the issuance of the bonds or such trust agreement may pledge the revenues to be received from any projects of the District and may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as the board may approve, including, without limitation, covenants setting forth the duties of the District in relation to: the acquisition, construction, reconstruction, Stewardship, maintenance, repair, operation, and insurance of any projects; the fixing and revising of the rates, fees, and charges, and the custody, safeguarding, and application of all moneys and for the 9 . .....".--...,-.-..-,.- DRAFT November 17, 2003 Agenda Item No.1 OC October 26, 2004 pa11 r of 27 Uü employment of consulting engineers in connection with such acquisition, construction, reconstruction, Stewardship, maintenance, repair, or operation. (d) Bonds of each issue shaH be dated; shall bear interest at such rate or rates, induding variable rates, which interest may be tax exempt or taxable for federal income tax purposes; shall mature at such time or times from their date or dates; and may be made redeemable before maturity at such price or prices and under such tenns and conditions as may be detennined by the board. (e) The District shall have the power to issue bonds for the purpose of refunding any outstanding bonds of the District. (2) GENERAL OBLIGATION BONDS.-- (a) Pursuant to this act, the District shaU have the power from time to time to issue general obligation bonds to finance or refinance capital projects or to refund outstanding bonds in an aggregate principal amount of bonds outstanding at anyone time not in excess of thirty-five percent (35%) of the assessed value of the taxable property within the District as shown on the pertinent tax records at the time of the authorization of the general obligation bonds for which the full faith and credit of the District is pledged. Except for refunding bonds, no general obJigation bonds shall be issued unless the bonds are issued to finance or refinance a capital project and the issuance has been approved at an election held in accordance with the requirements for such election as prescribed by the State Constitution. Such elections shaH be caUed to be held in the District by the Board of Supervisors. (b) The District may pledge its full faith and credit for the payment of the principal and interest on such general obligation bonds and for any reserve funds provided therefore and met unconditionally and irrevocably pledge itself to ad valorem taxes on all taxable property within the District, to the extent necessary for the payment thereof, without Jimitations as to greater amount. (c) If the board detennines to issue general obligation bonds for more than one capital project, the approval of the issuance of the bonds for each and aU such projects may be submitted to the elector on one and the same ballot. The failure of the electors to approve the issuance of bonds for anyone or more of the capital projects shall not defeat the approval of bonds for any capital project that has been approved by the electors, (d) In arriving at the amount of general obligation bonds pennitted to be outstanding at anyone time pursuant to paragraph (a), there shall not be induded any general obJigation bonds which are additionaUy secured by the pledge of: 1. Special assessments levied in the amount sufficient to pay the principal and interest on a general obligation bond so additionally secured, which assessments have been equalized and confinned by resolution or ordinance of the board pursuant to section 170.08, Florida Statutes, 10 .--- DRAFT November 17, 2003 Agenda Item No.1 OC October 26, 2004 Pag, 180f 27 .l \J l] 2. Water revenues, sewer revenues, or water and sewer revenues of the District to be derived from user fees in an amount sufficient to pay the principal and interest on the general obligation bond so additionally secured. 3. Any combination of assessments and revenues described in subparagraphs 1 and 2, Section 12, Minimum charter requirements.-- (1) The District is organized and exists for all purposes set forth in this act and chapters 189 and 298, Florida Statutes, as they may be amended from time to time. (2) The powers, functions, and duties of the District regarding ad valorem taxation, bond issuance, other revenue-raising capabilities, budget preparation and approval, liens and foreclosure of liens, use of tax. deeds and tax certificates as appropriate for non-ad valorem assessments, and contractual agreements shall be as set forth in chapters 170, 189, and 298, Florida Statutes, or any other applicable general or special law, as they may be amended from time to time. (3) The District is created by special act of the Florida Legislature, in accordance with chapters 189 and 298, Florida Statutes. (4) The District's charter may be amended only by special act of the Legislature. (5) In accordance with chapter 189, Florida Statutes, this act, and section 298.11, Florida Statutes, the District is governed by a five-member board, elected on a one-acre, one-vote basis by the landowners in the District. The membership and organization of the board shall be as set forth in this act and chapter 298, Florida Statutes, as they may be amended from time to time. (6) The compensation of board members shall be governed by this act and chapters 189 and 298, Florida Statutes, as they may be amended from time to time. (7) The administrative duties of the Board of Supervisors shall be as set forth in this act and chapters 189 and 298, Florida Statutes, as they may be amended from time to time. (8) Requirements for financial disclosure, meeting notices, reporting, public records maintenance, and per-diem expenses for officers and employees shall be as set forth in this act, chapters 112, 189,286, and 298, Florida Statutes, as they may be amended from time to time. (9) The procedures and requirements governing the issuance of bonds, notes, and other evidence of indebtedness by the District shall be as set forth in this act and chapter 298, Florida Statutes, and applicable general laws, as they may be amended from time to time. (10) The procedures for conducting District elections and for qualification of electors shall be pursuant to this act and chapters 189 and 298, Florida Statutes, as they may be amended from time to time. 11 ".---..--.,, ."'~ DRAFr November 17, 2003 Agenda Item No. 1 DC October 26~2~ pal1u U (11) The District may be financed by any method established in this act, chapter 298, Florida Statutes, and applicable general laws, as they may be amended from time to time. (12) The methods for coUecting non-ad valorem assessments, fees, or service charges shall be as set forth in chapters 197 and 298, Florida Statutes, and other applicable general laws as they may be amended from time to time. (13) The District's planning requirements shall be as set forth in this act. (14) The District's geographic boundary limitations shall be as set forth in this act. (15) The district and Collier County shall, within 90 days of referendum approval of this act as provided in Section 14, enter into an interlocal agreement with Collier County providing for a fair share capital construction funding contribution for the long-range traffic capacity improvements of County arterial and coUector roads within and proximate to the District. The agreement may be amended by mutual consent of the parties. (16) Any subsequent amendment to this act exempting or otherwise relieving the district of any requirements of Section 189.4155(1), F.S. shall require a resolution or official statement from Collier County pursuant to Section 189.404(2)(e)4., F.S., confirming compliance with the adopted comprehensive plan and no objection to the amendment. (17) Any application for federal, state or local government grant monies for which Collier County is also eligible pursuant to applicable rules and regulations shall require a resolution by the County Commission or written statement of no objection from the County's chief executive officer prior to filing the application. Section 13. In case anyone or more of the sections or provisions of this act or the application of such sections or provisions to any situations, circumstances, or person shall for any reason be held to be unconstitutional, such unconstitutionality shall not affect any other sections or provisions of this act or the application of such sections or provisions to any other situation, circumstance or person, and it is intended that this law shall be construed and applied as if such section or provision had not been included herein for any unconstitutional application. Section 14. This section shall take effect upon this Act becoming a law, and the remaining sections shall take effect upon approval by a majority vote of the owners of land within the District not exempt from ad valorem taxes or non-ad valorem assessments present at a landowners meeting to be held within 20 days of this section becoming a law. In such election, each assessable acre or fraction thereof present in person or by proxy shall be counted as one vote. 12 Agenda Item No. 10C October 26,2004 Page 20 of 27 INTERLOCAL SERVICE DELIVERY AGREEMENT THIS INTERLOCAL SERVICE DELIVERY AGREEMENT ("Agreement") is made and entered into as of this _ day of October, 2004, by and between THE BOARD OF SUPERVISORS OF THE BIG CYPRESS STEWARDSHIP DISTRJCT, hereinafter referred to as the "District", an independent special district established in Chapter 2004-423, Laws of Florida (2004) and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, hereinafter referred to as the "County". All capitalized tenns not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13 and Chapter 2004-423, Laws of Florida (2004). R E C I TAL S: .",-- WHEREAS, the District has the authority to provide facilities and services to the property within the District, which is comprised of property in unincorporated Collier County, Florida, and has the authority to enter into agreements with the County for capital improvement contributions and impact fee credits for the provision of arterial and collector roads proximate to and within the boundaries of the District (the legal description of the District is attached hereto and incorporated by reference herein as Exhibit "A"); and WHEREAS, within the boundaries of the District there will be lands upon which development in the future will be subject to the imposition of transportation or road impact fees among other impact fees; and Agenda Item No. 10C October 26, 2004 Page 21 of 27 WHEREAS, Section 12(I3)(b) of Chapter 2004-423, Laws of Florida (2004), provides that "The district and Collier County shall, within 90 days after referendum approval of this act as provided in section 15, enter into an inter local agreement with Collier County providing for a fair share capital construction funding contribution for the long-range traffic capacity improvements of county arterial and collector roads within and proximate to the district. The agreement may be amended by mutual consent of the parties"; and WHEREAS, after careful consideration and duly held public hearings on this matter by both the County and District, the County and District have found that: (a) This Agreement furthers the public purpose of both the District and the County, their constituents, taxpayers, local owners and residents, both present and future, and the Collier County community as a whole; and (b) The parties have entered into this Agreement in good faith to promote cooperation in providing and creating future transportation system improvements which will serve the area encompassed by and proximate to the District; and (c) The public will reap significant advantages associated with and emanating from this Agreement. WIT N E SSE T H: 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: 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 Agenda Item No.1 OC October 26, 2004 Page 22 of 27 2. This Agreement is entered into pursuant to the provisions of Section 163.0 I, Florida Statutes and Section 12(13)(b) of Chapter 2004-423, Laws of Florida (2004), and is not to be construed or characterized as a development agreement under the Florida Government Development Agreement Act. 3, The District shall freely dedicate, at no cost to the County and without any impact fee credits, the following: (a) A 100-foot strip ofland directly adjacent to the north side of that segment of existing Immokalee Road right-of-way within the District; (b) A 100 foot strip of land directly adjacent to the south side of that segment of existing Oil Well Road right-of-way within the District; and (c) For the purpose of providing sufficient stormwater drainage for those segments of Immokalee Road and Oil Well Road within the District, working with the County, the District will provide either (1) at least 3 acres of suitable land per mile of road, or (2) will accept such storm water into existing District-owned or controlled storm water systems, or (3) a combination of the above. 4. With respect to Section 3(a) and (b) above, the parties acknowledge that the exact location of the land to be freely dedicated may need to be modified to conform to changing circumstances. Accordingly, the parties agree that although there will be a total of 100 feet of land freely donated to the County along both Immokalee Road and Oil Well Road, the County may require that this strip be relocated, in whole or in part, to the other side of the road than that contemplated above. 3 Agenda Item No. 10C October 26, 2004 Page 23 of 27 5. The County shall have an Option to Purchase a 120-foot right-of-way generally described in Exhibit "B" to this Agreement, connecting Oil Well Road to Randall Blvd, (the "Bypass"). The terms of this Option are as follows: (a) The Option shall be exercisable by the County in its discretion and without obligation, (b) The Option shall be exercised, if at all, by written notice to that effect sent by the County to the District, no later than three (3) years following the County's receipt of notice by the District that the area in which the Bypass is located, in whole or in part, has been formally rezoned. Constructive or actual notice of the rezoning is insufficient; the County's time to exercise shall only be commenced following actual receipt of such notice. Once notice is received, time shall be of the essence. (c) If the Option is exercised following the formal rezoning of the area in which the Bypass is located, in whole or in part, the purchase price for this Bypass shall be based on a negotiated amount not greater than the market value of the land set aside for the Bypass prior to the rezoning action, as determined by an accredited appraiser from a list approved by Collier County, which appraiser shall be mutually agreed upon by the parties. If the purchase price exceeds the value set forth in Section 125.355, Florida Statutes (presently $500,000), then the purchase price shall be based on a negotiated amount not to exceed the average of two appraisals, with the appraisers selected in the same manner as set forth above. All appraisal costs shall be borne by the County. If the Option is exercised prior to the formal rezoning of the area in which the Bypass is located, in whole or in part, then the parties will follow the same procedure as set forth above, except that the date of valuation shall be the date that the Option is exercised, 4 Agenda Item No. 1 DC October 26, 2004 Page 24 of 27 (d) The County, at its option, may purchase this land either through cash, or by impact fee credits. If the election is to be via impact fee credits, the parties will enter into the County's then standard fonn Contribution Agreement, which Agreement will be consistent with the then-current Impact Fee Ordinance, except that if then pennitted by all laws and Collier County Ordinances, the Contribution Agreement will provide that the Impact Fee credits awarded to the District for this Bypass shall be applied as the first 50% payment required under then-current Division 3.15 of the County's Land Development Code ("LDC") to obtain Transportation Certificates of Public Facility Adequacy which Certificates shall be issued by County upon the County's agreement to accept the contribution. 6. The District shall convey any lands to the County required by this Agreement in fee ,- simple, free and clear of all liens and encumbrances, by statutory warranty deed. The County will be responsible for paying the costs of any title work and searches, and the District shall be responsible at all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work, Upon receipt, the County shall record the deed in the Public Records of the County and shall assume the costs associated with the recordation. 7. The parties will cooperate with each other in order to construct, manage, finance and provide arterial and collector roads to serve the residents of Collier County, including presenting alternatives to the proposed Bypass. 8, The parties acknowledge that the conveyances contemplated herein will afford the grantee highway or road agency with property rights sufficient to be used for the improvement of a road within the boundaries ofa public right of way. 5 Agenda Item No. 10C October 26, 2004 Page 25 of 27 9. The parties acknowledge and agree that the Collier County Subdivision Regulations, the Collier County Building Codes, the Collier County Land Development Code, all as amended, and their successors-in-function, (1) are "governmental, planning, environmental and land development regulation" and will be so recognized in light of any future analysis of Chapter 2004-423, Laws of Florida (2004); and (2) will and shall control development within the District in accordance with the provisions of Chapter 2004-423, Laws of Florida (2004). ]0. 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. 11, 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. 12. The County shall record this Agreement in the Official Records of Collier County, Florida, within fourteen (14) days after execution. The District shall pay all recording costs. A copy of the recorded document will be provided to the District upon request. ] 3, In the event of a dispute under this Agreement, the parties shall first use the County's then current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier 6 Agenda Item No.1 OC October 26, 2004 Page 26 of 27 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. 14. The duration of this Agreement shall be for so long as the District, or its successor- in-function, is functional and/or in existence. Otherwise, this Agreement shall only be amended or terminated by the parties hereto upon mutual written agreement. 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: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, ,- By: , Deputy Clerk By: DONNA FIALA, Chairman Attest: BIG CYPRESS STEWARDSHIP DISTRICT By: District Secretary Chairman of the Board of Supervisors Approved as to form and legal sufficiency: Approved as to form and legal sufficiency Assistant County Attorney District Counsel 7 LIST OF EXHIBITS ATTACHED TO AGREEMENT (TO BE FINALIZED AT FINAL DRAFT) Exhibit "A" Legal Description of District Exhibit "B" Bypass Description 8 Agenda Item No. 10C October 26, 2004 Page 27 of 27 Agenda Item No. 100 October 26,2004 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to Approve a Budget Amendment in the Amount of $648,775, Project 90502 and Approve the Award of a Bid #04-3667, Hideaway Beach Renourishment to Weeks Marine, Bid #04-3667, Hideaway Beach Renourishment, in the Amount of $2,482,775 OBJECTIVE: To obtain Board of County Commissioners approval to award a construction contract to Weeks Marine for the Hideaway Beach Renourishment project, in the amount of $2,482,775. CONSIDERATIONS: On September 11, 2001, Agenda Item 16 C 13, the Board approved Hideaway Beach Renourishment design and permitting engineering with a budget of $335,500. On March 25, 2003, Agenda Item 10 K, the Board approved a budget amendment in the amount of $165,500 bringing the total budget to $501,000 for design and permitting efforts up through responding to an FDEP Request for Additional Information # 1. "....-... On April 13, 2004, Agenda Item 10 C, the Board directed that: 1. The completion of design and permitting efforts be funded with Tourist Tax funds. 2. All future construction costs and engineering costs directly related to the construction be cost-shared - with the use of Tourist Taxes for the removal of the existing temporary T -groins and the construction of the permanent T-groin structures, and other funds for the placement of sand. Specifically, the Board approved a $4,457,000 funding plan for the construction of this project. Tourist Development Taxes will fund $2,488,000 for the construction of structures, and the City of Marco Island will fund $1,969,000 for the placement of sand. On June 8, 2004, agenda item 16.C.11, the Board approved a budget amendment of $35,000 for the preparation of plans, specifications, bid documents, a bid schedule, and a construction cost estimate for two different bids - sand placement and structures (T-groins and jetty) construction. On August 31, 2004, the Hideaway Beach Association voted to fund the sand placement portion of the major renourishment. On September 21, 2004, agenda item I6.FA, the Board approved an interlocal agreement with the City of Marco Island as outlined in the Board's direction of April 13,2004, On September 28, 2004, agenda item I6.C.3, the Board approved a $92,000 budget amendment for additional responses to permitting agencies. On October 14, 2004, submissions for Bid #04-3667, Hideaway Beach Renourishment, were opened with the following results: Weeks Marine, Inc.* $2,482,775 Lake Michigan Contractors $2,861,000 ,,I,........ Agenda Item No. 10D October 26.2004 Page 2 of 4 * Note that Weeks Marine was selected (June 8, 2004 Board Agenda Item 16.C.9) as one of three dredging companies to participate in the bidding process for the major renourishment of Vanderbilt, Pelican Bay, Park Shore and Naples beaches now scheduled for the winter of2005/6, The FY 2005 budget includes both an expense and revenue budget of $1,969,000 related to this project of which $135,000 is for engineering services and $1,834,000 is for the construction contract. The construction contract is partially based on a unit price per cubic yard of sand with an estimated quantity of 240,000 cubic yards. The actual quantity will depend on a number of factors. An additional $648,775 ($2,482,775 - $1,834,000) is required to award the contract. The Florida Department of Environmental Protection (FDEP) accepted the permit application as complete on August 25, 2004. FDEP's processing rules require that a 'notice of intent to issue a permit' be published within 90 days (November 29th) and that a permit be issued within thirty days of that notice (December 22nd). The engineering consultant is attempting to expedite this process as it could take over a month for a contractor to mobilize and work must be complete before the beginning ofturtle season (May I, 2005). On October 14, 2004, the Coastal Advisory Committee recommended award of the contract to Weeks Marine subject to confirmation from the City of Marco Island. On October 21, 2004, the Hideaway Beach Special Taxing District is expected to recommend award of the contract and on October 25, 2004, the Tourist Development Council is expected to recommend award of the contract. ~..... FISCAL IMP ACT: The source of funds is reimbursement revenue from the City of Marco Island per the interlocal agreement approved by the Board on September 21, 2004. A budget amendment of $648,775 in both additional expenses and additional revenue will allow for the award of the construction contract. GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan related to this action, RECOMMENDATION: That the Board of County Commissioners 1) approve a $648,775 budget amendment for both expenses and revenue in project 90502, 2) approve the award of a construction contract to Weeks Marine for the Hideaway Beach Renourishment project, in the amount of $2,482,775, and 3) authorize the chairman to execute the standard construction agreement with Weeks Marine upon receipt of both the funding from the City of Marco Island and FDEP's publication of the 'notice of intent to issue a permit'. PREPARED BY: Ron Hovell, P.E., Special Projects Manager - Agenda Item No. 100 October 26, 2004 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 100 Recommendation to Approve a Budget Amendment in tl1e Amount of $648,775. Project 90502 and Approve the Award of e Bid #04-3667, Hideaway Beach Renourishment to Weeks Marine. Bid #04-3667, Hideaway Beach Renounshment, in the Amount of $2,482,775 (Ron Hovell, Public Utilities) 10126i2004 9:0000 AM Item Number Item Summary Prepa....d By Date Ron Hovel! Special Projects Manager 10115120043:27:51 PM Public Utilities Public Utítítíes Engineeríng Approved By Jack Wert Tourism Director Date County Manager's Office Toursim 10115120043:50 PM Approved By Pat I_ehnhnrd Administrative Assistant Date County Manager'I Office Office ot Management & Budget 10118/20049:14 AM Approved By Mark Isackson Budget Analyat Date County Manager's Office Offíce of Management & Budget 10118120049:55 AM Approved By Michael Smykowski Management & Budget DirectDr Dale County Manager's Office Office of Ma.nagement & Budget 10/18120043:13 PM Approved By James V. 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Agenda Item NO.1 OE October 26,2004 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to 1) Approve a Budget Amendment and Tourist Development Category IIA" Grant Application for the Maintenance Dredging of Wiggins Pass for Fiscal Year 2005, Project 90522, In The Amount Of $750,000 and 2) Approve and Engineering Services Work Order under Contract #01-3271, Fixed Tenn Professional Engineering Services for Coastal Zone Management Projects, with Humiston & Moore Engineers for Wiggins Pass Dredging 2005, Project 90522, in the amount of $13,500 OBJECTIVE: To obtain approval of a budget amendment and Tourist Development Category "A" grant application for the Maintenance Dredging of Wiggins Pass for FY 2005 in the amount of $750,000 and an engineering services work order in the amount of $13,500 with Humiston & Moore Engineers to prepare the bid documents and obtain the authority to execute the project from permitting agencies. CONSIDERATIONS: On September 8, 2004, a number of concerned citizens appeared at the Coastal Advisory Committee (CAe) meeting. A privately funded pass survey was presented and the CAC recommended that Wiggins Pass be dredged this winter, On September 15, 2004, the Parks & Recreation Advisory Board recommended accepting the sand from Wiggins Pass to be placed in the near-shore disposal site at Barefoot Beach. A $750,000 grant application was ,_, submitted by the Parks & Recreation Department and the Tourist Development Council (TDC) recommended approval on September 27, 2004. On October 14, 2004, the CAC recommended approval of the $750,000 grant application and budget amendment. The permit allows for dredging down to 13 feet in all but the eastern-most one hundred feet of the permitted dredge area which is limited to 8.5 feet in dredge depth. However, due to the observed erosion on the Barefoot Beach side of the pass, the Parks & Recreation Department has requested that the maintenance dredging be further limited to by extending the 8.5 foot dredging westward an additional one hundred feet. In order to expedite the project, an engineering services proposal was presented for preparing the bidding documents and obtaining the authority to execute the work under the existing state and federal permits, Humiston & Moore Engineers has submitted a time and materials proposal not to exceed $13,500 for these services and the CAC has recommended approval ofthis proposal. This project is eligible for funding under the TDC Category "A" funding policy adopted by the Board on December 16, 2003 as the sand will be placed for the renourishment of Barefoot Beach, a publicly accessible area. FISCAL IMPACT: $750,000 is available from the Reserves. The source of funds is Tourist Development Taxes. -, Agenda Item NO.1 OE October 26,2004 Page 2 of9 GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners 1) approve a budget amendment and Tourist Development Category "A" grant application submitted by the Parks & Recreation Department for the Maintenance Dredging of Wiggins Pass for FY 2005 in the amount of $750,000, and 2) authorize the Tourism Director to execute a $13,500 engineering services proposal with Humiston & Moore Engineers to prepare the project bid documents and obtain the authority to execute the project from permitting agencies.. Prepared By: Maria Bernal, Tourist Tax Coordinator and Ron Hovell, P.E., Special Projects Manager ,.......,,' _. Agenda Item No. 10E October 26. 2004 Page 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 10E Recommendalion to 1) Approve a Budget Amendment and Tourist Development Category "A' Grant Application for the MaiRtenance Dredging of Wiggins Pass for Fiscal Year 2005, Project 90522, In The Amount Of $f'50,OOO and 2) Approve and Engineering ServIces Work Order under Contract #01 ·3271. Fixed 'f erm Professional Engineering Services for Coastal Zone Management Projects, with Humiston & Moore Engineers for Wiggins Pass Dredging 2005, Project 90522, in the amount of $13,500 (Ron Hovell, Public Utiiities) 1012612004 9:0000 AM Item Number hem Summary Prepared By Maria E. Bernal Tourist Tux Coordinator County Man;)ger's Office Toursím A pproved By Jack Wert: Tourism Dírector County Manager" Office T oursim Approved By Pat Lehnh.ard Administrative Assistant County Manager's Office Office of Management & Budget Approved By Mark Isackson Budget Anolyst County Manager's Offic" Office of Management & Budget Approved By Michael Smykow'8ki Management & Budget Director County Manager's. Office Office of Management & Budget Approved By James. V. Mudd County Manager Board of County Commissioners County Manager's Office - Date 10/15/20042:53:12 PM Date 10115/2004 3:47 PM Date 101181200.4 9:06AM Date 10/18120042:26 PM Date 10118/2004 3:05 PM Date 10/19/2004 12:02 PM Agenda Item No. 10E October 26, 2004 Page 4 of9 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beaeh Renourishment and Pass Maintenance Wiggins Pass MaiJItenance Dredging 2005 (project Title) 1. Name and Address ofProjeet Sponsor Organization: Collier County Board of County Commissioners 3381 Tamari Trail East Naples, FL 34112 2. Contaet Person, Title and Phone Number: Name: Munto Smith Address: 3300 Santa Barbara Blvd City Naples ST. FL Phone: 353..0404 Other: 3. Organization's Chief Offieial and Title: Commissioner Donna Fiala, Chairman Board of County Commissioners ZIP 34116 FAX: 353-1002 4. Details of Projeet- Description 8IId Location: This Droject consists of activities associated with the maintenance dred2Ïng of aPJJroximately 65.000 cubic yards from WÌlI-Vn!ôl Pass and placing the material in a near-shore disposal area adjacent to Barefoot Beach Preserve. The Parks and Recreation Advisory Board recommended the aPJJroval of this project at their regular meeting of September 15. 2004. The Parks and Recreation Advisory Boards meeting reflects that the sand secured from Wiggins Pass maintenance dred2ing is to be Dlaced in the near-shore diSJK>sal area at Barefoot Beach Preserve. will meet all the specifications required bv the pennit. and that the dredging not exceed 8.5' for the first 200'of dredged area as DeI' "l'revious discussions by the Coastal Advisory Committee. 5. Estimated project start date: November 2004 6. Estimated project duration: Four (4) months Agenda Item No.1 OE October 26, 2004 Page 5 of9 7. Total TDC Tax Funds Requested: $750.000 8. If the full amount requested cannot be awarded, can the programlproject be restructured to accommodate a 8maUer award? Yes (X) No ( ) ,-, CðIIier County Tourist Development Council Category "A" Grant Application Page 2 _Wiggins Pass MainteDaBœ Dredging 2005_ (Project Title) PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested CitylfaxiDg District Share State of Florida Share Federal Share $ 750,000 $ $ $ TOTAL $ 750,000 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) _EngineeriB2 Construction Contract 575,000 5675,000 $ $ $ TOTAL $750,000 Agenda Item No.1 OE October 26. 2004 Page 6 of 9 I have read the Tourist Development Category "A" Beach FundiDg Policy covering beach renourishment and pass maintenance and agree that my organization will eomply with oH pi_eo ~ ~ ~LAiJø ~ 9-Û-Df Signature of Sponsor Organization's Chief Official Date EXlßBIT A Agenda Item NO.1 OE October 26, 2004 Page 7 of 9 TOURIST DEVELOPMENT CATEGOItY " A" FUNDING POLICY 1. Use of roc CfJIef!OrV "A" f"ntls. Category "A" Tourist Development Tax Funds shall be used for beach renourishment, beach maintenance, and beach park facilities including beach access acquisition. 2. StHlI'Ce of other ffl1l(/s. Federal or State funds are desirable and should be diligently pursued. 3. MØIUÜItOrv tIIInlUÚ budget øllocøtio" of fUlUls ",,411U1intenønce of reserves. a. Catastrophe reserves shall be accumulated in the budget with $1 M in 2004 plus $O.5M per year thereafter up to a maximum of $1 OM. In the event of a catastrophe requiring the expenditure of all or part of these reserves, $O.5M will continue to be set aside. ,_. b. Annual monitßring and other permit compliance requirements. Beginning with FY 2005, these costs shall be cost-shared (if applicable) with IDC Category "A" funds at the same percentage as the project. c. Major renourishment reserves shall be accumulated in the budget with $2M per year after the completion of the major renourishment project currently in planning and pemritting (as of November 2003; projected to start setting aside funds in FY 2006). d. Beach park facilities (including beach access property acquisition) shall be funded at an average of $2M per year. This funding allocation shall be adjusted annually in an amount equal to the pereentage change in TDC Category "A" revenues. e. Remai.ning funds may be used for eligible grant applications as outlined in the policy below. ". 4. Elû!ibilitY. Eligible beach areas qualify for Category "A" funding. An "eligible beach area" has: a. At least one public access point from a public street; and b. Is no more than one-half mile from a beach park facility, public access point, hotel, motel or is a vital tourism area subject to abnormal erosion, provided that if at least 80% of a beach area is classified as eligible, otherwise ineligible gaps will be deemed eligible. S. Level of use. Eligible beach areas are classified according to use. a. "High use" is an eligible beach area within one-half mile of a hotel, motel, designated public parking or public shuttle drop-off point. Agenda Item NO.1 OE October 26,2004 Page 8 of 9 b. "Low use" is an eligible beach area outside the limits for high use, provided that if at least 80% of a beach area is classified as high use, low use gaps will be deemed high use. 6. Level of service. Eligible beach areas qualify for Category "A" funding based on use. a. An eligible low use beach area qualifies for "minimwn maintenance," meaning renourishment sufficient to provide minimum shoreline protection for a projected period of five years, including maintenance, monitoring and testing on a periodic basis as needed. b. An eligible high use beach area qualifies for full renourishment, meaning additional renourishment intended to enhance beach width for recreational or other public purpose. c. Additional Category "A" funding may be provided for eligible low use beach areas for renourishment in addition to minimum maintenance, provided that at least 60% of the incremental cost is funded by private or other non-County sources. 7. Inlet Sand BVDtlSSinfl. The bypassing of sand across inlets may be funded by Tourist Development Tax Category "A" funding provided the Inlet Management Plan recommends the bypassing and the sand will be placed on an eligible beach. No TDC Category "A" funding will be approved for dredging non-beach compatible material. Permit requirenIents, such as profile monitoring and beach tilling, will be funded the same way as the bypassing. 8.' Shore orotection stI'ItctlllV!S and DI'Oiect stHHISOt'ShÎD. Projects, including construction and maintenance of shore protection structures (groins, jetties, breakwaters, etc.), may be funded by Category "A" funding for eligible beaches. However, 'ownership' responsibilities must rest with an entity other than "Tourist Development Taxes" - i.e. there must be a project sponsor (private interests, taxing districts, municipalities or County Departments other than those funded with Tourist Devel ~~'ent Taxes). 9. Grant ÄDDIicalitm Revkw. The Coastal Advisory Committee and the Parks a1tiÍ'¡' Recreation Advisory Board will prepare and maintain a proposed prioritized annuaI spending plan for the use of Tourist Development Tax Category "A" funds, with a ten year projection. The proposed plans will be submitted to the Board of County 'Commissioners (BCC) for their consideration and approval, via the TDC. These Mlbmissions will coincide with the annual Collier County budget cycle. The Coastal A.dvisory Committee will review all requests for Tourist Development Tax Category "A" funds, with the exception of County maintained beach park facilities that will be handled by the Parks and Recreation Advisory Board. Both advisory boards will make recommendations for approval, denial or modification to the BCC, via the IDC, consistent with the BCC established policy for use of these funds. Agenda Item NO.1 OE October 26, 2004 Page 9 of 9 HUMISTON & MOORE ENGINEERS COASTAL ENGINEERING DESIGN AND PERMITTING 5679 STRAND COURT NAPLES, FLORIDA 34110 FAX239 594 2025 PHONE: 239 594 2021 October 15, 2002 Mr. Ron Hovel!, P.E. Collier County Public Utilities Engineering Department 3301 East Tamiami Trail, Building H Naples, FL 34112 Re: Wiggins Pass Maintenance Dredging Proposal, H&M File No. 12063 Dear Ron: As requested, we are providing you with this proposal to compute dredge quantities, prepare plans and specifications, and to make the required submittals to DEP to obtain a Notice to Proceed under the existing permit for the maintenance dredging of Wiggins Pass. This proposal is based on the a scope of dredging within the limits of the expanded channel limits completed in 2000, with the possible exception that it is our understanding the county may wish to reduce dredging depths on some portion of the permitted -13.0' depth section of the channel seaward of Station 1 +00. It is assumed that this dredging may be accomplished with a Notice to Proceed under the existing maintenance dredging permit. However, due to uncertainties regarding the quantity and channel limits to be dredged, and the scope of submittal required by the regulatory agencies under these circumstances, we propose to provide these services on a time and materials basis. We recommend a budget of $13,500 and propose to provide these services on a time and materials basis, and will advise you of the need to budget additional funds as may be necessary depending upon regulatory requirements. This is assuming the August survey by CEC will provide the necessary information for the DEP submittal. Services will be billed on a time and materials basis in accordance with the fee schedule as included in our Fixed Term Professional Engineering Services for Coastal Zone Management Projects Contract #01-3271. Sincerely yours, HUMISTON & MOORE ENGINEERS Kenneth K. Humiston, P.E. ~-'---~.- Agenda Item No. 12A October 26,2004 Page 1 of 3 - Executive Summary County Attorney Report on Public Beach Pathway Issues Raised by Mr. James F. Ciolino by Public Petition on September 21, 2004. OBJECTIVE: To update the Board on County Attorney findings relating to public beach pathway issues raised by Mr. Ciolino, CONSIDERATIONS: On September 21,2004, Mr, James F, Ciolino appeared before the Board of County Commissioners at public petition to discuss the following issues: 1. The purported existence of approximately 20 beach pathways (from public roads or other public access points crossing private property to the beach) created in Marco Island by adverse possession. 2. The alleged illegal fencing of beach pathways allegedly created by prescriptive easements. 3. If it was improper for the County to give DeItona Development Company credit for the donation of the Tigertail Beach park site and excuse DeItona from providing additional beach access easements because the land was donated 12 years before Ordinance No. 76-20, the Public Beach Access Ordinance, was adopted. .- 4. A concern ofthe lack oflegal access to the beach for the public. The legal opinion regarding these issues is provided by separate memorandum. This memorandum sets forth a definitive analysis for the Board's review. Upon a careful review of the issues, the County Attorney's Office has determined: 1. A prescriptive easement deriving from a pathway over privately owned lands to the Marco Island beach ostensibly used by individuals from approximately 1963 to 1989-90 was never judicially determined. In 1992 and 1994, the County Attorney's Office concluded that sufficient evidence never existed to support the filing of any judicial action to try to prove the existence of any public beach access prescriptive easement(s). 2. There is no evidence that "valid" beach access easements in favor of the public ever existed, and there is no evidence that any such easements were "illegally" fenced. There is no record of such easements having been created by dedication or deed or the subsequent vacation of these easements by previous Board action on Marco Island. 3. There is no clear evidence that the acceptance of the 32-acre park site with parking known as Tigertail Beach in fulfillment of Ordinance No. 76-20 was not consistent with the Ordinance or was illegal. The Board in 1981 determined that the Ordinance requirement for public beach access had been satisfied by the DeItona Development Company. The State of ,,-.- Page 1 of2 Agenda Item No. 12A October 26, 2004 Page 2 of 3 Florida Attorney General's Office viewed this Issue recently and came to the same conclusion. 4. The concern raised of a lack of legal access to the beach for the public, e.g. "public access" is distinguishable from the concept of prescriptive easement providing for access, which to be enforceable as a method of public access over privately owned land requires a judicial determination that certain required underlying facts have been sufficiently proved to a judge to rule that private property rights must give way to a public property rights recognition. Prescriptive easements are not favored in the law and are difficult to prove. As summarized herein and as detailed in the County Attorney legal opinion and supporting information provided separately, neither the facts of years past nor the subsequent passage of years to the present justify a legal counsel recommendation to this Board to pursue litigation to attempt to obtain ajudicial declaration of prescriptive easement(s) on Marco Island. FISCAL IMP ACT: None. GROWTH MANAGEMENT IMPACT: with this Executive Summary. There is no growth management impact associated RECOMMENDATION: That the Board of County Commissioners accept the findings of the County Attorney's Office. PREPARED BY: David C. Weigel, County Attorney Office of the County Attorney REVIEWED BY: Heidi F. Ashton, Assistant County Attorney Office of the County Attorney REVIEWED BY: Thomas C. Palmer, Assistant County Attorney Office of the County Attorney Page 2 of2 Agenda Item No. 12A October 26, 2004 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 12A County Attorney Report on Public Beach Pathway Issues Raised by Mr. James F. Ciolino by Public Petition on September 21, 2004. 10/26/2004 9:00:00 AM Item Number Item Summary Prepared By Date Heidi F. Ashton Assistant County Attorney 10/15/20043:31 :24 PM County Attorney County Attorney Office Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 10/15/20045:13 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 10/18/2004 9: 10 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10/18/2004 12:46 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/18/20043:59 PM it) {21o(otf :.0/20/2004 15: 34 FAX 239 389 4359 CITY OF MARCO ISLAND 'l1nn...k I~ ~~ Ia¡002 I~~ - City of Marco ][sla.~d. October 21. 2004 Via Facsimile 774-3602 and US Mail Honorable Donna Fiala Collier County Commissioner; District 1 3301 Tamiami TraJf East Napleß. Florida 34112 Re: i : Beach Access on Marco Island Dear cpommissioner Fiala: On b~half of the Marco Island City Council, I extend sincere appreciation for your willingness to ¡ndude our ResoJution 04-50 in your discussion regarding beach access here an Marco Island, which Is scheduled for your October 26, 2004 meeting. A copy of City of Marco Island Resolution 04-50 is attached. We request that the Board of Commissioners recognized that, while one may question the pOlicy of previously decisions regarding perpendicular beach access and the dedicàion of beach front properties, such polices were lawfully enacted, and the citizen$ and property owners on Marco Island have in good faith relied upon these lawful decisions. Sincerely. -,JNJ 1¡ ~~ T eni DiSciullo ChaifWOman. Marco Island City CouncU cc: City Council Jim Mudd, County Manager Honorable County Commissioners 50 &Jd. Eqle Ihi-n:, Marco I.1ancl. Florid.. 5-41-45 (259) 389--5000 FAX (259) 389--4359 lzA ~O/20/~004 15:34 FAX 239 389 4359 CITY OF MARCO ISLAND 141 003 .,.,....., ~";'." ! ...., . ", .:J;.;..J:j RESOLUTION NO. 04-50 i i ~reas, the Collier County Board of Commissioners has been petitioned to consider issues pe$îning to public beach ownership' and access on Marco Island, and - . whireas, the Board öf Cömmissioners and the Marco Island City Councit haYe asked their respeþive legal counsels to review the Information fumished in the petition and render legal opin' lOS, and reas the Office of the Attorney Genen!1 has afso ·revieWed the information the petition and rendered a legal opinion by their le~r of May 21, 2004. , therefore be it resolved: Section 1. Thät City Council acknowledge that the Oeltona Corp. lawfully deeded the 1,000 foo upland beach front known as Residents' Beach to the Marco Island Civic Associatio to maintain the premises for the use and enjoyment of Marco Beach S\:Ibdlvision residents nd other residents of Marco Island, Florida. ~ . ! Section 2. That, on September 15, 19S1, the Comer County Board of Cammissioner:s lawfully a ad in its declaration that the deeding of approximately 2,600 feej of .beàcb. front property, ow as Tigertail Beach by the Deltona Corporation to Collier County, fulfiUed the beach ac ss requirement as provided in Collier County Ordinance 76-20 adopted on the 27th day April, 1976. While some may disagree with the decision, the action was neither illegal nor nconstitutionaL ! ~, Section 3. That throughout the history of development on Marco Island until incorporation of the City in August, 1997 Collier County had ample opportunities to acquire additional public beach a ss, either - through negotiated purchase, condemnation, or through the devetopm nt review process, but electød not to do sa in recognition that sufficient beach access ha, been granted to Collier County. ¡ Section 4.1 That the Marco Island City Council recognizes that the only public beach accesses ~re located at Tigertail Beach and Collier County's ·South Beach Access- adjacent to the Cape Marco PUD. Any claims Of additional public beach accesses perpendicular to the beach,lthrcugh the legal theories of ·prescriptive easements" qr ·customary use'" shall not be recogniZed unless a citizen files a suit against the record title holder of property and the public is granted an easement by the courts. Section 5.¡ That opening of the 15-foot public beach access reserved for the City of Marco Istand by the Massachusetts Mutual Life Insurance Company as a part of the Marriott PUD .shall be upon the sole detennination of the Marco·lsland City Council bY'majority vote. Section 6.: That the Marco island City Council recognize and accept the findings of the Office of tHe Attorney General, in their letter of May 21, 2004 to Mr. James Ciolino. .J 1z.A 10(20/2004 15:36 FAX 239 3ag 4359 CITY OF MARCO ISL~ raJ 004 Section 7; That the City Council, as· representatives of the residents, property owners and· 1_--', voters of Marco Island, acknowledge that recognition of these beach access poiiciesand decisions best serve the interests of the community, Section 8. That the City Council Chair communicate in writing to the Collier County Board of Commissioners: a summary of this Resolution; a request that the Board of Commissioners - recogniZe that, while one may question the policy of previous decisions regarding perpendicular beach access and the dedication of beach front properties, such policies were lc:¡wfully enacted, and the citizens and property owners on Marco Island have in good" faith relied upon these lawful decisions. . . . Section 9. Effective Date. This Resolution shall take effect immediately upon its adoption. Passed in open and r~ular session through roll call vote by the City Council af the City of Marco Island, FloJTida this. 18th day of October 2004.' . ATTE~ ã.a -Iern CITY OF MARCO ISLAND. FLORIDA By:~~~Q.·l'l~ - Terri DISciutlo, Council Chairwoman ~as to Form: . ~.~ Richard D. Yovanovich, City Attorney l-. I I L. ._. .. .. Agenda Item No. 13A October 26. 2004 Page 1 of 2 EXECUTIVE SUMMARY REQUEST FOR DISCUSSION WITH THE BOARD OF COUNTY COMMISSIONERS REGARDING THE STATUS OF THE SHERIFF'S OFFICE 2004/05 BUDGET REQUEST. OBJECTIVE: To discuss with the Board of County Commissioners the status of reductions to the Sheriff's requested funding. CONSIDERATION: At the Board meeting of October 12,2004 the Board discussed the Sheriff's budget status and a pending request for information 1Ì'om the Sheri1rs Office. Pursuant to Florida Statutes, Chapter 30.49 the Board is required to provide specific infonnation on reductions to the Sheri1f's requested budget. The Sheriff is requesting the opportunity to further discuss this infonnation with the Board in an attempt to resolve the Fiscal Year 2005 budget differences. FISCAL IMPACT: The Board has reduced the Sheriff's original request for full funding by over $9 million. Sheriff's Office operations are significantly impacted by these reductions. The opening of the new jail facility scheduled for June of2oo5 cannot be . . staffed at this level of funding. This level in FY 2005, also significantly impacts the increases that will be 1¥'CeSS8fy for FY 2006, when full staffing of the jail expansion would be required. .em Numb., RemSutnmllry MHllng Date Apprnved By Mich;.j~1 ¡;myk.ow¡;ki C(,IIU'Hy t.I",.:tIl""~ Offi(,. AClündfl j¡.~'11 No "13.A " Oe;tob'J( ¿13, 2004 P;¡¡¡t2¡)!1. COLLIER COUNTY SOARD OF COUNTY COMMIi\srONERS "^ Rr,flUflf,1 tor di~u"..t)'1 Wilh th<! !:1oRrd e GQtlr:ty Cum'l1lt,.5lrJrU!I'S 'l1fj1Mdh'l1li1/\ 'ita!'.!,; o~ !hl! ~)ht1rilf~ OfficI!' 20Ù4,1:X}O~; fu¡!J~ r"qlJttrt. 10:-'2<512004 £1:00"00 pM Man"lIern.mll!l.euóøt-ttJj.ect<J' Dllt" Off¡"", Qr MotnJlol}f'I....orl1! 8. Burly"" 1(¡rjlli2QQ.t1Q:O:lAM """ Appro....d By J;¡mtc¡¡v. Mudø 8~,;u¡j ", C'x.m'.V Gçmm¡'J'i"t>""~ C,,:.m\~'MO\n'gef C-QUnl~t.I,u"If<!l"t;Ofl..;'I" i¡¡/U'Zr\1I4H"JiAM Agenda Item No. 16A 1 October 26, 2004 Page 1 of2 ,.- EXECUTIVE SUMMARY Recommendation to provide staff the direction to prepare a comprehensive Wildlife and Listed Species Management Plan for presentation in February 2005 rather than November 2004 because of delays associated with Hurricanes Frances and Jeanne. OBJECTIVE: To have the Board of County Commissioners (BCe) accept the recommendation of staff and the Listed Species Stakeholder group to reschedule the completion of a comprehensive Wildlife and Listed Species Management Plan from November 2004 to February 2005. CONSIDERATION: On March 23, 2004, the BCC provided staff direction to develop a comprehensive Wildlife and Listed Species Management Plan to address listed species protection and to solicit information and input from all stakeholders. The BCC also directed staff to have a recommendation completed in November 2004, ,- Staff has conducted 3 meetings with the Stakeholders Group since receiving direction from the BCC. The scheduled September 4, 2004 meeting was canceled due to Hurricane Frances. Additionally, staff from the U,S. Fish and Wildlife Service (USFWS) Vero Beach office were unable to attend the October 5, 2004 meeting due to their continuing clean-up activities and impacts from Hurricane Jeanne, The Stakeholders Group is considering the applicability of various USFWS programs in its development of the comprehensive Wildlife and Listed Species Management Plan and needs more time to engage USFWS staff on the details of these programs and their applicability to Collier County's situation. The group is comprised of 75 individuals representing various interests and concerns of the industry and the community. Because of the delays associated with this year's hurricane season, the Stakeholders Group at their October 5, 2004 meeting agreed with staff that additional time is needed for completing a proposed plan. Staff has therefore targeted February 2005 as a realistic timeframe to have a BCC workshop on a proposed Wildlife Management Plan. FISCAL IMPACT: Costs associated with the plan development and meetings are already reflected in the FY05 budget. Staff will present the costs associated with implementing the recommendations of the proposed Wildlife and Listed Species Management Plan when the plan is presented to the BCC. GROWTH MANAGEMENT IMPACT: Changing the County's approach to listed species protection may require the revision of the wildlife policies of the Conservation and Coastal Management Element. RECOMMENDATION: That the BCC concur with staff and the Listed Species Stakeholder Group to schedule the completion of a proposed Wildlife and Listed Species Management Plan in time for a February 2005 BCC workshop. PREPARED BY: William D. Lorenz, Jr. P.E., Director, Environmental Services - ----_.,,_.,'"',-,._..~"- .,.-, hem Number hem Summary Me.tlng Date Agenda Item No 16A1 October 26, 2004 Page 2 of :2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A1 Recommendation to provide staff the direction 10 prepare a comprehensive VI/Hellife: and Listed Species Management Plan for presentation in February 2005 rather than November 2004 because of delays associated wìth Hurricanes Frances and Jeanne 10126120049:00:00 AM Prepared By 10/12/20048:03:11 AM Wilhttfn D. Lorenz, Jr., P.E. COlnmunity Dl!!velopmellt 80 En\lironmental Services Date Environmental Sendc:l!'s Director Environmtmfal SflrvÎ(~f!$ Oat. Approved By Constance A, Johnson Community Development & EnvirulltnE!tltal Serviclffi Oper~tions Analyst Community Dttvelopmunt & Envlronmcntul S4i'rvicf!$ Admin. 10/14'2004 9:05 AM Date Approved By Sandra lea Community Development & Eoyironmenmf S(!fVices Executive Secretary Community Development & Environmental Services Atl!nin, 10/14/2004 9:26 AM D.'" Approyed By Joseph K. S~hmitt Community Oevelop,nent & Enyironmental Services Community Development & Environmental Services Adl'rlinstrator Cornmuflity Dnv~!loprflcnt & Environntental Services Admin. 10/14/2004 3;17 PM D... Approved By Pat Lehnh~ud CmJl)ty Mllnager's. Office Administratìve Assistant Office of l\4unügemeot & Budget 10/14/20043:51 PM Datr Approved By Mark 15ac.k1õon Counly MJlnager's Office BOdget An~lyst OfHcø' or Manllgemetlt &. Budget tO/1612004 11;20 AM D.ate Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Manag.,me:n1: & Budget 10115/20041:51 PM 0.... Approved By JarncJ> V. Mudd Board of County Commis.sioners County MatU1o!}r Count.1f Manager's. Office 10/1512D04 4:26 PM Agenda Item No. 16A2 October 26,2004 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve awarding a contract to M. Jean Rawson P.A. regarding RFP 04-3705 for "Legal Counsel for Code Enforcement and Nuisance Abatement Board" (estimated maximum annual contract amount $15,000.00). OBJECTIVE: Obtain the Board's approval of the Code Enforcement Selection Committee's selection of M. Jean Rawson P.A. for professional services related to providing comprehensive legal counsel services for the Collier County Code Enforcement Board and authorization to sign contracts. CONSIDERATION: The County Attorney has established that the Code Enforcement Board requires separate legal representation from the counsel serving the Board of County Commissioners in order to prevent conflict of interest. As a result, the Code Enforcement Board contracts with an independent firm to provide this service for a specific period of time. The prior contract was due to expire on September ]], 2004, but was extended by the Purchasing Department until January 9, 2005 or until a new contract becomes effective, whichever is sooner. Accordingly, a request for proposals (RFP) was publicly advertised on July 13, 2004. Notices were sent to 27 finns with 2 firms requesting full packages, One response was received by the due date of August 5, 2004. A Selection Committee meeting was held on August 25, 2004 and after review and discussion of the proposals by the committee, by consensus of the members, M. Jean Rawson, P.A. was selected to serve the Code Enforcement Board. This firm has been serving as legal counsel to the Code Enforcement Board for the last six years and has demonstrated superior skills and professionalism in their work. Ms. Rawson is very familiar with the policies and procedures of the Code Enforcement Board, and her continued affiliation would ensure efficient and timely service. The contract would initially be in effect for a period oftwo years with an option for two additional one-year renewals. A contract has been successfully negotiated with the selected firm. FISCAL IMPACT: Funds have been budgeted in the MSTD General Fund in the amount of $]5,000. GROWTH MANAGEMENT IMPACT: No foreseeable impacts are anticipated. RECOMMENDATION: That the Board of County Commissioners: (I) Approve the contract with M, Jean Rawson, P,A. and (2) Authorize the Chairman to sign the standard County Attorney approved contracts. PREPARED BY: Michelle Edwards Arnold, Code Enforcement Director - 1 - Item Number Item Summary .-, MeetIng Date Approved By Sandra Lea Community Development 1\ Environmental Services Agenda Item No. 16A2 October 26, 2004 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A2 Recommendation 10 opprove awarding a contract 10 M, Jt!an Rawson P.A. regardll\g RFP 04. 3705 for ~Legal Counsel tor Code Enforcement and Nuisance Abatement Board' (estimated maximum annual conlract amount $15,DOO,D01- 10.126/2004 9:00: 00 AM ExecuthJe Set;retary nate Community DeYeloprn~nt & Envìronmental Se:tvÎces Admin_ 1UI11/200411:04. AM Oilte Approved By Bf'enda Brilhart Administrative Sel'\lices Pun:has;ínfJ AIiI!!!nt Purchasing 1G!11l2004 11:12 AM Dat€! Approved By Steve Carnell Adlnítli.stm1í't/t! Service!. Purchasing/General SVcs. Dir(!ctDr Purchasing 10112(200'" 8:20 AM Date Approved By Con¡unce A. Johnson Community D~velopm.ent & Environmental Services Opefoitions Analys.t Community Dp.veloprl1t!rtt & Environtnil'lntal Sp.:rvice¡; Admin. 10/13/2004- 4:47 F'M Date Approved By Joseph K. Schmin Commul~íty Development &: EnvirofUnental Services Community DI~v(llt)pment II.. Envirullmental S~~t'Yi¡;:I~!; Adlninstr;¡¡tor Community D'I!veloprnenl & Environmental Servicas Admin. 10114/200.( 3:19 PM Dale Approyed By Pat Lehnhard County M¡ulOIgcr's Otfi<:e AdministraNve Anisiant Officu of M.anl1gcrmmt & BudNet 10/15120049:55 AM Date Approved By M.a.rk luc.ksøn County Manager'~ OftkA~ Budget Analyst Offic;t! of Managl!f1umt & Budgut 1 U/15120U4 11 :42 AM 0... Approved By Michael Sn1ykowski County Manager's Olfice Management & Budget Dire-ctor QUiee of M.lnagelJlent & Ðudget 10115:2004 1: 52 PM Date App.'oved By James V. Mudd Board Df County Commissioners County Manager County Mal"l.a!jE!r's 01tic~ 10í15/200... 5:41 PM Agenda Item No. 16A3 October 26, 2004 Page 1 of 30 EXECUTIVE SUMMARY Petition Carny-04-AR-6584, Mr. Anthony C. Gnerre, President, of the Naples Italian American Club, requesting a permit to conduct the annual Naples Italian American Club Carnival on October 28, 29, 30 and 31, 2004, at the Naples Italian American Club located at 7035 Airport Road North. OBJECTIVE: Carny-04-AR-6584, Mr. Anthony C. Gnerre, President, of the Naples Italian American Club, is requesting that the Board of County Commissioners approve a permit to conduct a carnival on October 28, 29, 30 and 3 I, 2004, on property located at the Naples Italian American Club located at 7035 Airport Road North. The applicant is requesting a waiver of the Surety Bond. CONSIDERATIONS: Mr. Anthony C. Gnerre, President of the Naples Italian American Club, has presented evidence that all the criteria have been met for the issuance of this carnival permit. Staff supports the waiver of the Surety Bond as there have been no previous problems related to clean up of the site after the carnival. The required insurance amount of $ I ,000,000.00 has been purchased. FISCAL IMPACT: Approval ofthis petition would have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. ZONING DEPARTMENT STAFF RECOMMENDATION: Staff recommends the Board of County Commissioners approve the permit to conduct the annual Naples Italian American Club Carnival and waive the surety bond. PREPARED BY: Cecilia K. Martin, Planning Tech Department of Zoning and Land Development Review 1 Item Number Item Summary Meeting Date Agenda Item No 16A3 Oclober 26. 2004 Page 2 of 30 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A3 Carny·04·A.R~B5ß.4, Mr. Anthony C_ Gnerre, President. of the Naples t1ahan American Club, requesting a permit 10 conduct the annual Naples Italian American Club Carnival on October 2B, 29, 30 and 31. 2004, at the Naples Italian American Ciub loealed al7035 Airport Road North. 10/26/20049:00:00 AM Prepared By 10/11/20046;52:46 AM Cecdlia Martin Communi1y Development & Environmental Services Date PI.nning TtH:h Zoning &. land Development Re"iew Dahl Approyed By Sandr;! Lea Community Develufllnent &. Euvjronm",ldnl Servil:I!1i Executive Sccretary Community DI~velopnle"t &- EllvjrotJlnf'J1tal Services Admín, 10/11f20Of 4:11 PM Date Approved By Susan Murray, AICP Community Development & Environmenal Service_s Zoning & Land Development Direcfor ZQnin9 I't. LnlHI DI!vnlopnwtl1 Review 1D/13/2110.. 3:03 PM D... Approved By COn$taflGt! A_ John1ô(Jn Community Development & Environmental Services Opt!f'81inrlti Aualyst Community Development & Environmental Servict!Sõ Admin. 10i13/2004 4:-40 PM Dutil' Approved By Joseph K Schmitt Community Development & EnvIronmontal Se",i(:~s Community Developmt!nt & Environmental Services AdmÌJ1strfttor Community Of'velopment & Environmenlal Sorvicu Admin. 10114/200.... 3:18 PM Dote Approved By Pat Lehnhard Count)' Manager's: Office Adminisu-atÍ',re A~s:jstlU\t Office of Management & Budgel' 10'!f41Z004 3:55 PM Pate Approved By Mark Is.u:kson County Manager's On'\ce Bud~lct Arudyst Office of Management & audgc1 10/15/200411:27 AM ()ah~ Approved By Mh:h'¡lel Srnyknw!õki County Manager's Offìce Momagement &. BlId~I~t Dire(~t(U Office of Management & Budget 10/15/200....1:39 PM Oat., Approved By Jmne~ V. Mudl' Board ot Coun1y CDm'nhiSiil)n~rs C()unty Manl'lger County Manager's OHìce 10'11512004 4:38 PM Anthony C GnefTe president RInIS Azzolina 1st Vice President Nancy Gruppuso 2nd Vice P~íden Joseph Sottile Treasurer June Bianchi Corres. Secrelaly Betty Criss Recording Secretary DirøctOfS Angelica Caballero Tom Carlo Melissa Chiappetta Salvatofe Giglio Joseph MacDonald Waher Petrilla Agenda Item No. 16A3 October 26, 2004 Page 3 of 30 9{f¡.p{es I taCian .9lmerican C{u6 7035 !itirport ißs1ad9{grtfr. ~pksJ %1riáa34109 pfwne 239-597-5210 :FQ;t239-596-3815 September 21, 2()()4. Collier County Development and Envitt:JnmeI;da Services Division 2800 North Horsesboe Drive Naples, FL 34104 To Whom It May Conœm. This letter is to iøform you that tbe Naples 1131ian Americaø.CIub l..o<;Ød at 7035 Airport Road North will be bosûD8 their aDDual "Icaüan Festa" 00. Tbur9day October 2SØ' tbru Suøðay Octaber 31, 2()()4.. This festival will be beld outdooR on œr grounds. The hours of operation are M fonows: 'Ihunday October 2g'h Friday Octob« 2t/' SatuIday October 3(th Sunday October 31- 6:00 to lO:ooPM 6:00 to 11:00 PM Noonto 11:00 PM Noon to 9:00 PM All oeces&"~ permits aødother ~ have beea applied for to comply with Cot1ier County ReguJaûo8s. We are requesting a waiver of tbe Surety Bond in tbe amount of $2SOO.00. This event win be beld 011. our propertY aod we win be responsible mr all clean-up and ß18ÌI1ICOIP¡Ce. Should you desire any addi1ioDal information. please call the club at (239) S97-S210, Your cooperation on this matter win be greatly appreciated. Very Truly Yours. ADI;bony C. QoeIre .President 7035 >firport !Rum( - J4irport & OrtmIJt 'Bfossom !Bua¡{ Agenda Item No. 16A3 October 26. 2004 Page 4 of 30 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 515425 Date 9/3012004 12:41 :05 PM Post Date 9/~12004 -~ment Slip Nbr AR 6584 .____ '-l Appl Name: CARR AMUSEMENT CO AppI Stage/Status: REVIEW STAGE NO.1/PENDING Address: 12864 BISCAYNE BLVD MIAMI FL 33131 Proj Name: ITALIAN AMERICAN CLUB Type: OFF T AZ: 56 Subdiv Nbr: 100 Project Nbr: 2001040081 Payor: NAPLES ITALIAN Fee Information GL Account 13113832634122000000 Total Amount Waived 75.00 75.00 Payments Pa ment Code .J!!:!r:CK Account/Check Number 09292 .._~J Total Cash I Total Non-Cash Amount I $275.00 Total Paid $0.00 I $275.00 r==sm~õõ] Memo: Cashierllocation: MCCAULEYKATY / 1 User: WILLOUGHBY_C Collier County Board of County Commissioners CD-Plus for Windows 95JNT Printed:9/30I2004 12:41 :42 PM ~9i29/2eø4 15:36 :71844509~~ ~.lII:.~IUNI:. l:t.; II.... r-~~ 0.1. _"'F"'-'~ ~.._.._..-._..."....- .... ..... .... ,- .~.~._....,. Agenda Item No. 16A3 October 26, 2004 Page 5 of 30 Nlna:~~ ~ ZøIi.iIII ~ Copy: pwt.t\inIIf CrJpy, (4) ÇauMy A~~rv. - (i) CAl\N1V AI. OPEtlAnON pt;'l tfION PE1'1TION lIfO'- DATF.:__ ~'S,,__ÇßRR ~::~:t '{d- ~,~'!-81'I~%/~1 P:£TtTI~'SAJ)'lJllESid.¡8~L~:L . y ~ , ¡ N·P1.¡AI1Î. ~JDb.J,.~ ?3i3! Pl,Tm~"S Jt.MAJ1.ADJ)It£8S: yAX'_----- ra()PI.R'I'Y ~'~NA.'\Ø.: ., TElUøœœ:~~1f..iL1O PRopgan þWND'$ADlJØ.SS: 71'Jq..i} ß,i ~d f Ji& ~ _N¥i'c. I PI ~4.llJ~ OWNJ.ti·s~ADDBØ8t_-~- . LEGAL ~ 01' suauCl' PROJIP'N: ..~..- GB>ŒJW..\oc..nædj¡:;T '::..;;~.. p...,...t AI N J 0'4 of' i!t.~ ct.IJtJŒ1ft ~G:~N'ATmo: orl'l11TI01'I CAlWW.J ~;6" ILl /.....a1 p...a.ttt.e(I ~; Lo)¡f-to- FØ$TP. 1:t4fìAJlA " TRJ: lOt,; G 1J(I'OIIH..\.TlOJII IS ~1JDØ Di TBl8 n1T11œ"L (1'0" I4.f'ION, sa NIfXT I'ltrRlJ i-a.- 3...1);__ ",..4) 3.£') +,._.___ 3.e.1)__ ~.eS) 3A.8)_ ~.e. 3.e.3) 3.&.6)__ ¡..s)_ ~... c.....: /' -;; ! ~~~. SIGNATt1It:I 0' ,nft(OJ'CD.' by Bürd etCøa.t7' eo...sr .....: DIMJ,...,,"&: 0 ~- ~-~ SlGNA'11JIUt or COUN'I'V-~'tO'R -'7{\ -:J:':\tI.,..I C:,":I~ I ~:""'~:ì'! I ':¡;W-!t't t 1~Ct~·ó~t'~·:·r. qz. :T" !:,~'t~ It:.:.'l',¡h~ "",""'¡"I;\iI!iIW''!' '''<'''n r¡U¡l[ajUlill¡¡'~_UOi_"""""",,,;","""' i¡' """ " Agenda Item No. 16A3 October 26,2004 Page 6 of 30 ~ ADDRESSING CHECKLIST Please complete the following and submit to the Addressing Section for Review, Not all items wíll aøply to every proiect. Items in bold type are required. .... 2. Folio (propertr ID) numbe~ of ahov o O~ sg OD()OO~ ttach to, or associate with, legal description ifmore than one) ð úa 1 (,0 00' 3, S1reet addreJS or ad<!resses (as applicable, if a/ready assigned) 70 ?J:5 If / f< PORt R. () If Y N 'O~ r.ff "ð()o7 4. Location map. showing exact location of project/site in relation to nearest public road right-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 Nwnber (FOR EXISTING PROJECTS/SITES ONLY) SDP_ 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) DSDP (Site Development Plan) 0 PPL (plans & Plat Review) o SDPA (SDP Amendment) 0 PSP (Preliminary Subdivision Plat) o SDPI (SDP Insubstantial Change) 0 FP (Final Plat) o SIP (Site Improvement Plan) 0 LLA (Lot Line Adjustment) o SIP A (SIP Amendment) 0 BL (Blasting Pennit) o SNR (Street Name Change) 0 ROW (Right-of-Way Pennit) o Vegetation/Exotic (Veg. Removal Pennits) 0 EXP (Excavation Permit) o Land Use Petition (Variance. Conditional Use, 0 VRSFP (Veg. Removal & Site Fill Permit) Boat Dock Ext.. Rezon~ PUD rezone. etc.) MOther - Describe: v If R AJ I V ht- 10. Prt.ject or development names proposed. for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) II. Please Check One: 0 Checklist is to be Faxe ack IE ersonally Picked Up 12. Applicant Name f;þ, HIt.(kv'/,45 )/1/1 V Phone J'f~-'.5"" ~t fiFax 13. Signature on Addressing Checklist 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 ð2J ~ Address Number Address Nwnber Address Number ApProVed~ßt Date q -30 -()f- Revised 3-21-01 ¡ / ( ,. ; r' ,. .. / . / . .......----~ -~_. - _ _____ _ ___n . f fn1.;~, " .... j '. "'¡', .. ./ .' ,. ~. 1- lofJ >""",",,,,,"",,",,,,",,,",,,,,,,,,,-",,,,,,".,,,,...",,,,,,,,,<>;;,,,.,,~,,, Agenda Item No. 16A3 October 26, 2004 Page 7 of 30 ¿ ~ /.Þ'- //,,.IfJ'/-1' 7-~ cJ IIarIII m:aa iïEmII L~~: OOE8_õi·[~ÿAdctr;;."f"2iÃiRPÕ!!!~N . _ I~~~~~#~~/ t=~J~~=J .-- Sa;.r£L u:=--:ø žïr{E,01- mí f- T~~~ ---- L r,\Ño-~itDEG WMõFT;N--- .,. ~ No. ,1.2102-:.: . -"~~"---------l~ 1ftfP=E1.8 NON-A~ICU.L TURAL ACREAG~ 133 . 13.117 Sales History Vain S 401 08e.oO .'.00 $ 4OO,OOUO ...-.....="..,=_~,-!!J HOO .00 I so.OO -- liliiii The InformatiOn ¡alJpcSNd WHktf. -" . / ,,' o.t. 800It . O3ltta. 1116.2208 ',' 10 f 1N1 142 -112 to· ,1 .". -- ./' ...- 09/]912002 3:33 PM .- --- - ~_..--~ : GIS Mi.Jp!l J.' .--------~~-_.- -~ StiRlr{' h 03t"ba ¡..s . . lfomc14teada ~;ld Ext\1I1pl¡of\J! - *~ - -- 1fl(' Property ^rpr,)!<;p( ~__ __ " v_ __ _ _. TliHHtbli' P"r\lof1~1 Pr,'p...ty -- ~ * . -- ~ - ~'" ,ìjj'í'" ~ t (IO't - - .. "-- t"jrl( !Jaw,11 C.l';<,1I'.1!1"11 -~ --- -- -- /\"), ,:Jf {',II' S¡'''If1/''' .. . ~ TiH í«,jj ._~!rYiM.,. -~ - . .- ~ -~ -- -- - St,ll,c M¡¡ps . - - - l,n.-:<, -~-- -_..- ----. -- - , -...,..- ·~~_·-----rl Agenda Item No. 16A3 October 26, 2004 Page 8 of 30 7 ç: .f:r //14 /~t'''';}s ¿ __ IitI'IïïiI __ C:::"Fo'~o Ñ~~~~!9èõët~7J~~ Addms5 7~3S !-lRPõRT,ui'Ñ-. __~ ¡ .-.._-~...-._,-,.,.._._.:_._._,:---_._._----,,----_. IOwner N ',' NAPLES ITALIAN \ -.., .. ~----.~~.~-=:==-:.."=='".,:::-= ..- . . r ÄMeRïc"AÑ CLUB INC' : jr~Æ~-p~~~--='==-~= - =::: __ C~~.~L~~... r _ /StAt~~ ~r341Ot .1708 _._-' .- j -.¡~... 2iCO¡'-M IE (¡HR. N------·-·- Jr1I~t.~~~~!F:N3~~c.-=~---=-.:-_-- .. . " TO pos. WHOFT, N330FT. ~ j'IM""~.....::m::.:=~~~~:--=~-----:-:- L____ ~~&60FT..~330FT Tº POI! 5 AÇ.~_._ __..._._......___.__ ---; , -- ~ i ..J ~ i ¡ s~~lC..~~ R.nae Jf~r C_.~_jL_._~L~i.- 21 .Jf_.LJ M~No. 4A02 ~4'HO=.~~¡ r.·-:~_..--~~-T.----··· ll~... ~ ~ u.. ç~[=-ji·:--=~smu;.iòNALlr M 1SS ArM l J ~ MIl.. 13.1171 2002 Preliminary Tax Roll Sales History , (subject to change) ~~~~~~ ---'---_._.-...~....-- .... :::::~:' ¡~~~:P.~ b~M!!~Vllue. -1~ $lS74"77.00 (!) .-. . SOH ~Val"!._ __~-;_. . O.~ - . Anøsed Value _ Ii $lT.,.nUO I : (0) ~~OIher EJem V.au. .0.00 I [--1") TaJ.ab!!.Y!l.~ $ 67''''77.00 SOH = "Save Our Homes" exempt value due to cap on 8ssenment ìncreases. IfIIB - - The ~0fmIti0n Is Updated WMldy, 1 I : I , I I, I I Ii of) t I . I' , ¡ I : ! ~ i ~ . .' í I ! . LI II/2r 3' 6PM ACORDTU CERTIFICATE OF LIABILITY INSURANCE Agen~c~~~ m bkte ~ø,.,.YVV) erólíÞt~4 PRODUceR THIS CERTIFICATE IS ISSUED AS A MA TIER OF Brown & Brown, Inc. - Naples ONLY AND CONFERS NO RIGHTS UPON THE CER11FtCATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR - ~ . hor Rode Dr., Suite 300 AI.TER THE COVERAGE AFFORDED BY THE POLICIES BEt.OW. -::oJ"" Naple., FL 34103 239 262-5143 INSURERS AFfORDING COVERAGE NAIe # INSURED INSUÆRA. Travelers Property & Casualty Ins. C Naples Italian American Club Inc. INSURER B: Florida Retail Federation S.I.F. 7035 Airport Road INSURER c: Naples, FL 34109 INSURER D: INSURER E: Cllent#' 597 NAPLEIT COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN Issueo TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOO INDICATED, NOTWITHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY" CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MA,( BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, lTRiw..'!lR1 TYPE OF INSURANCE POUCV NUMBER POlICY EFFEC'T1V1!! ~ LIMITS DA A ~Ne.RAL UA8IUTY 1660608K2598TCT03 12118/03 12118/04 EACH OCC\)RREi'lCE 51 000000 X CO/AIERCIAL G::NERAL UA81UTY OAtAAG!; TO RENTEO 5100 000 P I ClA~ MAOE [KJ OCCUR MED EXP (Any one person) s5 000 PERSONAL & ADY INJURY 51 000 000 GENERAL AGGREGATE. $1 000000 n'l AGGREn LINIT APn PeR: PRODUCTS· COM PlOP AGG s1 000 000 POLICY jeP-r I.OC ~t.rI'OMOBIU: UA8IUTY COMBINED SINGLE LIMIT $ ANY AUTO (E3 ace_) - - ALL OWNED AUTOS BOOIL Y INJURY (Perl*'<on) $ - SCHEDULE!} AUTOS - HlREO AUTOS BOOILY INJURY .\ NOff.QWNEO AUTOS (Pet aceident) - PROPERTY OAM"GE S (Per 8ecidenl) GARAGe UA8IUTY AUTO ONt Y - EA ACCIDENT $ RV"""y AUTO 0110JER 110JAN EA ACC $ AUTO ON!. '1': AOO S OI!SSJ\JMaREI..lA UABlLITY EACH OCCURRENCE S OCCUR D Ct.AIMS MADE AGGREGATE S S =i ~EDUCTleLE $ R£1EN1'IO. S 5 B WORJ<£RS COMPelCSATlON AHD 052030091 02113/04 02l13IÐ5 I we s;rATl}.: I IOJ~- ::MPlOYERS' UABlLlTY ANY PROPRIETOIWARTNERlEXECUTIVE E,L, EACH ACCIDENT 5 OfFCERlMEMBER EXCLUDED? E,L. DISEASE· EA EMPLOYE! $ ~~~:óv':S"iÕNs Irelow E.I.. DISEASE - POlICY LIMIT 5 0THI1!~ DUCRlPTIOH OF QPI!RATIOKS I lOCATIONS I veHlC\.U I eXCLUSIONS ADDED 8'1' ENDORSEMENT I SPECiAl PROVISIONS Special Ev.ent - San Pi no Amusement: October 28,29,30,31 Certificate Holder Is included as Additional Insured ad Landlord in regards to the above listed event. Collier County Board Of County Commissioner. 3301 East Tamiaml Trail Naple., FL 34102 CANCEu.A11ON SHOULO ANY OF THE ABOYE DESCRl8ED POLICIES lIE CANCELLED BEfORE THE EXPIRA~ DATE THEREOF. THE _UING INSURER WIll ENDEAIfOR TO MAIL ~ DAYS WRlneN NOTICE TO 110JE C£RT1FICATE HOlDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL. IMI"OSE NO OBUGA11ON OR UA8UJTY OF AWf KIfID UPON THE INSURER, ITS AGl!NTS OR REPRE$EloITA'T1VES, A~D~ RE!Jes~~TIVE rJ ø iI· (::j¡d" CERTIFICATE HOLDER ACORD 25 (2001108) 1 of 2 #56274 SHT @ ACORD CORPORATION 1988 ..... IMPORTANT If the certificate holderls an ADDITIONAL INSURED, the poli(:y(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain poficIes may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. "'--, ACORD 25-S (2001108) 2 of 2 #56274 ~~j! ~! i!f ~_:¡¡ =-:Sil.j )Þ i~ a -t ~ !¡; ~ i 5'mª 8~ (II : i ä'S"i ô::¡ ; if g ¡ ~¥i z tJ~ Ñ .. ~ If.g ~ ~§'-:r i ;Q i ocR.. j 16 3.Ji .' C ; 8 ,~~).- ...... -.... 0.1' !!. S' rt" 1!1{,,;) JII' ~ " ..... ~CI. ;,,"'. ".¿ iJI" , '\~"'~ , -, ....\ . ; \ ~ I ~, .. >{ '. '~". 1!t i I . · ...... :.' "" , 5- ~ I '. . -4"'''' If!) li' .c 1'10 : ~.N, . " ··'.1 0, jf';\ ',,,..... . ~:ir ",~...., I ·OJt '.....:.; 'Y. . . ". ..~ fl,...t· i 'm> ¡:¡; ~ ø - co en ~ ~ ~ ~ i i ¡r: I i: ~ S· µ p ~ Ji ~~ ~" ~~ ",""4 !f ~~ o z ~Sr- en¡2 jc~ (n"- en i " .. 5 g z (,ft ~ ~ ~ § ô ~ z ~~ ~ ~~~ ;D .:..~~~ ~ ~ I i ž (') Agenda Item No. 16A3 October 26, 2004 Page 11 of 30 ß r ¡;:¡ ::r.J ~8 ~E g!U -t ~ 8 :x: QC Iii SO ~ 1; en::O :< fa(::¡~ 0 lo§n m §iz g ;ix~ -~0::t m::¡m 0 øt I'll en ~ i r:I~~r- ~." iii! c c: ~S I, ! ~ iI!i = I~, I ...." _ ~ m oç: ~ .... 8Q I~mr< 8~ ;D 51 ~ jz ~ r- g ~ñ ce -- m ~;!! ~ i ....!i -¡;;; m ~é! M z 2~ ti ~~ ~= ç:~ ~ ~ .~ ~ - ... ... ~ o Agenda Item No. 16A3 October 26, 2004 Page 12 of 30 .- 13=27 No.DOl ?~l 12HM 8i~cuyne Boulevard North Miami, FL 3313.1 nOS) 899~8 J 9 J ,ð¡(;:R£~~\'II'.r +p.!'Wß.&N Carr AnmfilPmfJI'!t. Co., tnG'. and Napl__. Ital1.c AMed ~a n C'lub, Naples, F.1 OJ' ~.da. *ARft a9T~e to PðY n $20,000.00 t"hot F'ie fo.... the I'!:1CJ \u¡¡~ve ri~nt. to all rood, games, rid4i8, .11<3 oth~r vlI!ndini1l a t tn. NAPLES 1T....r.1 AN b'.lI."'ST1 VAt. to bû tl6f 1 d 01} th. '!.'~ou.ndlt c; Nat)o. It.lian AmQrjc~n C]ub, Oclob.~ 28 thru 31, 2004, , It_AUt.'" AØlet:'iC;.>~1"\ elllb to kavo rilJht. tC') all beEll' ~nd \tine $öl.leo5!and \'.0 øGll Sp,)·9"..,tU I>inners pnly. CARR ag'reflt' t.o p.~ u~ to 15 r 000. t:.CWi:u·c!\i ex~rH''''t' il}cl\.Jd.$.r,g Aðvert1aÜ19, porßi ,., IIII.i;C':r:, t.ol.l6ft.¡;¡, trash romoval ðnd ot.her .:Npen...... HII} 1+1'1 American Club to make all acrangemF.:nts, adv.rt~ 8&,6 I &ocur. p.nlits. Carr t.o h:rn1l1h po&ter¡; acWcntillir.g t.hb , event;~ø b~ di.tributod by rtalj.n Ame~iç.n Club. . I tll} tbQ ovret)t Of r:<'11n-ol.Jt or other ir.ol.....e-nt w...t.h.r:, \ an Jltl....\I:'n.t~ t:lAt~ ..111 bit ItIlJt:u!JJ.1y ð9J:OQð ~pon. ¡ -'flr.oa.d to by bot I~ ! i ~·.~~~iioañ-~~r( ~ J' r ().IH" '1 "C 3".Nd 53IJ""';\tI:)3dS:JUS\:;l1d 510££I;>95El t~;E~ veel/6t/8Ø Agenda Item No. 16A3 October 26, 2004 Page 13 of 30 12864 Bisc.ayne Boulevard North Miami~ Fl. 33 j 31 (305) 899-.8191 [~apìes Italian Altlo;rícan Festival Italian American club Naples, }'lori.da Carr Amusem~nt company will furnish a mìni~um of ~s rides, games and food concessions for the ItaUan Americal community festival to be ~c1d o~tohér 28, 29, 30 ~ 31, 20Ú(. Th~ hours will be the same as at our previous festival: ThuE5: 6-10p.m., Fri: 6-11p_m., Sat: Noon-11p.m., and Sun: Noon-9p.m. Pefsons supervisi:1g Food concessions, games, anò rjdes, respectively, are: Rathy DAlessandro 144-34-1634 Steven Mercado 080-65-8'776 otto Conr.er 251-80-9791 ",..".¡¡:jIjj¡J_""_".QI""""''".''''"'k'''....''';';;;,'''",·""".,·""..·,,,;_..., Agenda Item No. 16A3 October 26, 2004 Page 14 of 30 ,.::;¡ J\ \ ~ ( N(?S50ïQ. --9 ('J II 'èJ 0 . ~ J ~ ~ 9 0 ~ J! c:::> C V"\ '< .,....... ---- =<. -- -- t ~ -"-- --~ '--' -. ~ ?- ~ --, -- ,--, .... - --- Q;, ...s.. ~ ------- - ~ -----.. 0- J w --- -t); ,---.- r:.\.) C Q q;: ~ ç:::> Ç::::;; ~::::::.>. .:) ~ ...... -~() 0 I ',- \J -.t~ t'L ~ "'""" ù I --- \- V\ \- Û'- ~ q~h;f ~ ~~ ~ t ~ Ùj -::: ~ ~ #/IS ~ -7'30 g -l ~ A ~Jl1d '- V\ - ::: ~ D ~»o . ~~ I oc:.... ....:;::;::::) <-1.1.- ~Mq e:® cù ;1 q:;: l. tf ^" )1 111 tr\ - --.......-..... - .- J ':to 1 ~l,J"tlg j t ~ 13la. œ ..1 ~"I ~ -Ii 1ft. - '-' '-'- "--- - _. _. ""--- -.. '---- - -~. "'--" - '. -Þ) fÝJ;>I tJ -II J. t(J.. ô ~ ~ "2- - Ð :;L ~ r:L ~ ~ \- ~~ 0 '- '^ ..! '2. ....1~ ~ ~ '0 ~ --> 0 J\ ::r ~ ~ ~ ':2. r.i.. ~~ ~ 1:: tt,) - -- 2:: q: ~ "21\.. ~ - -:::> ~';) . uO" ~ UJ J ~~--""""^._'-'---- Specializing in: Portable ToÐeu Bolding Tanks Re8troom Trailers Farm. TraDer. J.W. CRAFT INC. PORTABLFS PAGE 01 Agenda Item No. 16A3 October 26, 2004 Page 15 of 30 . 09!l3ne!!.: 02: 11 ..... 23'3Ð0000DB þ For: c.on.tn1et1on Sites Golf Co11l"8eS Part:ies 6: Weekend Fun Pain Ie Camiva1ø 4329 Enterprise Ave. Naples, Fl 34104 Office: (239) 261-5768 P8X~ (239) 643-3281 FAX TRANSMI'ITAL FORM To:~, f"'('y.J:'tL.J -(',,~ From:~~c.;\~ Re:2Dr~,~n~~ '<:<\\~ DateSent:C;-\~-D~ Fax~S1lD- ?::l"tJ \ 6 Number of Pages: (p Message: -:r...,Q ~~ 'r\c....J'<..- c..~ '1v..~\-;Ù\"'\6 C,ve., ~ c.. ~\. \. /J . ¡~ l.I . ," ..-...."'...-. _.~.,.. ~_. -...... .~ .d~~~~ .~ . ,'/P.... I, !' \ ,. . I' ¡ I{ , . .,.' :. \;., \ - ,i'l .. .~ ,'! ", ;·_~'~1""'''";"'';'''"·''''''''''"'''';'"·''H",'' 09/13/2864 02:11 ¡8II1ft1J In~ . Nap_ ItIIIIn AmIfIcar. ClUþ P.O. BC* 770801 NIPIN, ftl 34107.o8Q1 (De) «S6oCHfß !ø1~o ["_ lilt. IftIatr'rMUOn Ed 1~ Airport Rta:I .... Itllhn Á/'MnCtr1 Club NIpIN.Fl (230) .46IS-8496 0Ita s~ or IJnIt Type 23'.:'00ÐaeE!0 Rental and Service Agreement Numo.r 1)101«) ,/qþ N\oH'I101r: o~ P.O. NUMI>«; T«!1'I;: ~1I10 ....pGrid: MapBaok: Se/VIcWIIm: SPtellf lr4ftUorJotIa: r~ -; I PA6E:: "2 Agenda Item No. 16A3 October 26, 2004 Page 16 of 30 "tent1J T.x Perc4nt: , It...... Tilt A,.: st.nclim:l S.... TI,IC S.M~ TtIC ~ ¡) s.Mç,TaxAtM: No-fill! -.0.---...... ---- IWIiI1Q MIIhod "tIc. PIr Of Mf1im III" 01'1\0, W'tf, DetiY'Iy Of Ql.W1!lty Of 8.1"1. IIrIlq BAng Mlthod Pr!c. Par or '-'nlm. TIip ClIIIrgro 08p0s1t T&)(jI au. hck 2 e.c" ÞeIIwry t60.00 Late Charoe 1000 '5000 ..... CI'1iIfIII 1000 28-0ct.~ Wat>dIcappM ..........-..-..........................-- 1 e.Qh·"-"'---·-¡¡:¡¡õö- Pun:t4_ Otcflr NUIY'o.r DI.t.8d. Tilfle DtlldIY LIIiI ChIfOt 50.00 3O-Oqt.2004 E*a $;;.,¡;;;;-_.......~-_..- -....--.-,-; E"¡--" . -'" -'---¡';2so Fun:nMe 0.. NImQOf Du. Baok 'Ttot ÐñvlI'J' I.Ut cn.rge $0.00 2I5-Octo2ClCW S)INItQ'f PlI'd'IaI. Old. N\CN¡er ~.2004 -'S;;;;;Ü1---'--' PI.llÙlIIIIt 0* NUl'l\ÞlJr Time ---.......~- ....---.... a Elton Dldilnlry au. BfICIc T'me -'-"-- ,-.,.............,.,..-............................._.._.........._......___..._.._'M__.H"...__.'_,..,.__~...~__.. .....-,,- U"il NUMb.,.. Servlc e Se....lc . 10.00 UIIIt R4Ite $000 $0.00 Lat.". to.QO JQ,OO L..Rata $0.00 $000 I.JH Rita $0.00 10.00 SO.OO to.OO VH Lite Ftatl ~r Lite< CI'Iatp MluGmum $O.QO $Q 00 to.CO SQ.OO v. L_ Ra',r .... Crwge ~ $000 10.00 $0.00 50.00 VM Lllte Rete p.,. ~ GhJlOè ~ 1000 to.CO 10.00 $0.00 N(J L* Ru Per I.ItI CNtgl ~ $0.00 SuÞlda ,101011- TibIJIbI., ~IØOMI Renal TÐIIÞIe: S4.lÞtOWl SlI'Vic. T~; ~Ðt* R4rU1 Till(; S IIbIrJtII SarItIce Tø: 1137.50 tetIO.oo $1),00 533,00 $0.00 Øtw1d Tot.et "'IO.~, 0'3/13/2~ð4 02: 11 ? \ r.::f r;f ~""I.rmatioø Nlpa.IQllan AAMf,*, CIuÞ I' ,0. BQIC 77GeC1 "'lpIH, FL 34107-0101 (ni) 45!-ð4i18 597-5ZIO ¡JOb ami ..,0ftNIII0I'I id ~ Al"polt ROIId NIIIeG .tahn Ame!fcar. Club NIØa,Fl (2)>) <155-&4&15 [)jþ ~ or Unit T~ :æ-oct-2004 Synergy Unit Number$ 23sø0øeßEle PAGE 213 Agenda Item No, 16A3 October 26, 2004 Page 17 of 30 Rental and Service Agreement N¡,¡mbw. 0; 08<10 ... N1.IrntMIr: Ollginll P.O NumÞ.: TMm$: NIt 10 MIIpQrid; ~8«*: SefViC-.At..: -J ·--I---------------¡ ! w...__ I'W'ttII T*K P....1!1t: " A....T.^_; ~SoI"TIIII ~ TII( Plrcltll: " s.rv1c:e tCl( A... ~ Tax ~ QI.IIriiIy aIling M4IIIIod Fr.....lICI~ 2 bcI\ o.IiVery l"urCI1aIe Order NumbIr 0.... 8Ioe/( fIm4! Servlc . S.rvlc . CWItom. "11_ Þ ti'llt.,tJUI.w¡c c¡~. pl14\tMl on thl! bGlOll rH$ UI A BII«.1ING AQR;.EM!N'T', rll__"'- .....M ~1 if ~YJt- . ð~--T~""'" r 0.. .a ---pJ.-f 101.1 t lAI ...-.. i--. {....~t t~~ .......¡ c. ~.e<f eg¡13/2Ð64 82:11 D\À ,,0' ~ CI;, 23':'Ð0Ði!000 Rental and Service Agreement I ~. 0'0840 Jot! Number~ ong¡,.. P. 0 NI.Imbtr: Tllw.: NIt 10 MapGIti, MIp800k ~,.. ---¡ $ptICIitì~: ~'1Ing lmom-.oÞ N~IW~~nC~ P,O BOIl rraeo1 Nt,...., FI. :104' 07-0001 (210) 466-84118 !!ØT -6:l10 10M .... ..rorm II 'II 1 Ed 7tœ Airport Roed Nt. 'blUen A"..ncllll ~Iub N~,Fl ¡23S1) ~..ea OllIe 8aNlce Of Unit Type 2$.Oot·20().4 Synergy 28.00d.:wo.c H!lnd~pped Unit Numbs,.. SaMë; :)1.-.nIIy 8ì11i!'lf tM1OI:I 'req...lIO~ 8 F..8c',\ O«rIiwry 1 Ii.tIoh OtIw.ry Servic III SeMc e Cullklm..- .111_ to tfwterm...l.1cooaHlo/lS pllnled on III. t!etlc. "!'H,$.$ A 8!NDlNO AGR£EMENl. p :,i?E. 34 Agenda Item No. 16A3 October 26, 2004 Page 18 of 30 R.uI TI:! P.,.o,nt· f; ~~ TWoIC At... s....nt..... T_ Str\IIOt Tide PltrcMd; 0 s.mc. TÞAIU.: No-TIb: ! _.J f'\I~ OrO.r NY'IIb« E.M BeQt TImI I~ -r-~ N .~1f T..........f ,....~ ---q"'ir ðV--._.........- o. ..... r...... '.AI ~....... .I-r tl)Q~ i~ ...-.st . o.e. ~ -~..----.~...,~.. ð9/13/2øaa £12:11 23søeeßßøe P4G:: Ø5 Agenda Item No. 16A3 October 26, 2004 Page 19 of 30 ~v- ,0 ¡.iIInO '''''~n ". N4IpIM IIINn AmerlOtln CN¡ P.O. Box 170801 NepI.., fl. ~1(}7.œo1 Rental and Service Agreement NInI~r. 010840 Job NLnIber ~inaJ P,O 1'UnÞIr: Terms' NIt'O ~: MIpI!b:à. SIf'.IÌI:I!IAlM $po.. IrWuàioM: R«IIaI TIIX Percent 6 Rwlta/ Tax AnIa: StlMalod a..... T tIC S.Mc* Till( p~: 0 s.rw:. Ta)( NtttI.; No- T_ (23&)~ 6e1-6210 i!'* MltII'llomllØalI "~- lid 703S AII'pøri Road N8pIM ItaJIarI ÀI'IMIriWn ClI.Ib N..... FL (ng)~ I~ ! I _~_---.J Date S41ri.ctl or t.inj! Type StrViœ Qu.ntty e.tli~ MIIttIod Freq~r P\.I'ch... Order NUtllbe!" Dill a.OIe 11m. 3C).()cII.~ Extra Service 11 ejt:h D4tllwry lJntt Num~rs Servç . Bervic . CutIIOmør ~ to IhU«I'n1i ¡o;1;«I(j1f6M; þIIn*f DII m btt;It, TH.S 1$'" BtNOING AGREEME!IlT. "'Ìlr:t.t~rl"-"'·~M.- f" l'~1Ir·~-~· ~"'i De. ..... r.i.....i~. I iAJI "'_A 1:_... (1~ t~ot ·...··.1 DIN Þ.oœpec:I 09/13/2Ð04 02:11 23900Ð00ae PAGE eG Agenda Item No. 16A3 October 26, 2004 Page 20 of 30 pv... ,y\ (230) ~ sa1·$~'O Rental and Service Agreement ,.,,~: 010840 Jot. Numbø. OIINI ÞO. Numt>er: T_.. ~ '0 w.pGrid: MlpØOOIC $.~ R.,g T.~eIIt; , Reràl TIDC MNi: S1I¡nålG s.... Tu. a.Mce T. PtI'C>If1t; ~ ~ Tø "'....: No-T. ¡U'''~ NapI.. IUIÜIIn A_lclin Club P.O. SOle 770801 Nllpe.. Fl. MI07..eeo1 ·JoII"'I~. Ed 703S Airport Roed Nlllln IIIIbIn Amtrican ClUb NtfIIeB.fL. (231) 4!!6-MIB '-J ---~ --, I I I i ON !!Jerriçe or uni T)'pII 01·Nov~ Synergy OI.Nov.2OI)oIJ Synergy 01aNCN-2Ø04 Hendlc_pped swëe-" Qlllnllty I!II1IIn~ MIIthcIc2 'NlqUtney p¡¡mn_ Onw Number _--.-J ou. IIIIeIc 1'tn\4ro 2 fACti Pickup 8 li:1Iid\ Pickup t!1Ien Plekup Unit Numbers S.rvlc e Servic . Cvtltomlf .gr... 1o In.. \WTÞ Ift4 oendlÞOn& printed an !he toIçk THIS IS " "NOINCi AGRff~ENr 'iii, ~ y....-- -"'·-rv~.,r''''1.t~ CRt ... 'f~111r1' . '~I ^_.... 1;111'9111.1 £1i8¡ DIlle Acaepteò FPCM :NAPLE. !T¡:("I~"i-AMER¡çAN a..LiB F.X hO. :941 SEP-22-2004 WE) j ¡ : 46 ~r. ~ASTE tlmlfi.GE~fNT ....Q<f:~\ 1IJI!!!.~' SSE> 3815 Sep. :5Ø 2ØØt..gê'ñ~~eJ' No. 16A3 OctpbEfi1;ZI$¡ 2004 Page '11 of 30 tP): NO. 23~6495644 CJ'I'V, iT lIP COUNTY ta. QONt'AC't :~CC'fW I:..:... .; w..~ MltIaf'n... ¡/'Ie of I'lcl'lcl. COO) I!JIen.nJjt 4.. "",Ie.. FL. $41Ø~ Ph... (2Jltl ~.u, 2 ".... (aw;) 84t"'a.w r:;-:~V ~iÎ j~~J~+;>'~:'.-;j ACCT. HAM.I I ~ !' Yn i _;1 lIÞf\xa ! f;MCt . ; 1fMI. AIXIft ~ . : _._ I I'JCP' . ACCOtJNr~H.R L '..'''". .... .".:'. rCA~~ ;:. ;.; ,TYIIEOJI'III.u;ñ-;----- f;, .'?'." :.--+- fè'õ'-t¡¡;¡a~ J);fIICi~_.;ra;-· ¡ ~""·Øf!C\M.1Ht1llloH)n::-. ) r~ìhiii ta, _.....cf.,..c:~,..i~-¡ ¡ ,....._~..._~._.. ...... ..m.'....._.._...~._~,...,. .."......._.'''...1 1'..~.MV ~~ AØftCIiMI~1 I ;... .-,,",..- ...'...-.-...............---. ·____4~.'_·.-......._..._.........._ . ._....,. ... ,¡r . fMl.L.IoI~ IlL ADDR1 cnY. " DI" TiL*' C'{I~T&ÇT L-~__,_ I ".oo¡¡¡:¡;;- PO.; ! JOõ/l' a.sP ~t11!: ~ ¡;J' V.IMq.... -.....J ::: R;£'1)IT 'uþ '3"10; ~ O<i:I: ·!.'C. j Q'1ty ¡ $ëz6 1 r;ltUI ~ .t, !112õõ ¡ $1Š,.B6 ~-...-.-_.....----.,¡ Det;.'YC~i 1. 'e1I'~~-r-- OIIj.·c,,- ¡-~~Õ.;;;êí\;~.·1' au...~ -~$3.2ãiãïY...3!.01iï;ñ I s ---r--' --t----; I . I j -~. ¡ --, .----.--- I ___ I ...-.J I..a...... ~ 041 c...,..· f7~~.w... nor.., "I~ ....,.Fet: stt.œ CIMMD C_It.......; 1".""""-" LlII..",.."'.... 0......: rillCM., "'" _"had ~fI r:~ * "'ÞJ~..""'" _1ItIIQt. TERMS AltO CONDiTIONS J;\j- - ..--"\ c.- ....... 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WI Nt.... ~ .......i. ........ /k...., ,Ii pet! 8. o-actClt .,.'t1C ~ '"...., ~.... ~, \IIIÞt_. 111I4"'1Id ~ 1)"''''':\1. And r~_.... ~ II'tIII". DIIII'IU.. Iør ¡~ Of S,wh '. ...'tOlll ., w..t tt .II1II'" II. ""'*'" ,"sing .tilt Of 1Na,t. ~ 0..- .....--. 1M ..·.IIt.VIl. tMt tit ~ e4tltlnw's:JSl :lcWr..eI\.~.,....~ þi;lc.ø if! · ~"!t IhIII! ,.~ malDtlII' It MfiMd..../W _ ... IS) Aø.IIN. eu.."".... ._ I. po...... ......'1""'-1 _ ÇO~1ft 'WI 0lil", ~, 'I'M '- ........ IMt...r ;d ....c ~, ~'>III ..... .~~,.t iIr> .". It!'u,.,. ..~~1iItn ....,. It lIoa .....,~.....~ lit rar!lll Ih4 COf>Ð,~ ~u~ !t\"n ..... ",... Q4n.......,s IJt c...,."", ,^-.-. I¢ !~" 1M ~iliwy __I" P>!>'< ~þ ....,,/081 " "'01;\", .z~OW1II~~ '114........., v«!!Io. ~ ...........r.vt, .,."....""" CI"'"IIIiI~.I. c-_., wi~ ~,.",ptI,: ~~ 1M 0.._ ano ..~ -.M e.,."'IM. ~ ¡,.,r.......... ~, u ~a¡.'ft\. !'!ItIItIIt.' ".. WII\"""'" ......__ ~h"¡ "Uo_, ~'~ ~. p~I.'îd;t ,,,. _.. _ _..dIM 1Iloo """"""" I~"" I>ut Ilol '* fmototø 1<>, ILI\V ...,Wt'II tIt..._ ~ .. .¡,¡nw.I....., <Wi It_·.,. o.,rI'..-r:. .,. -1f6 .. __"".¡ "" _ It.",~.G ,... in he .'AI'O~'" IIy t;oo" :JllÞII C<II!... I!nv~."',·. f'r~eør;on ..,....., '" ."" ........ *~ ~......,.., II ~" .... "/.. fill rt;r\I'" of Ihi:I ...._. I\)' all'''' .....~ ?1/t'III.IIrt Ie 1111 It...u". c:__W" ....4 R~.·",y Aa .1 c.._. ~H",. '" !'fOIlK. 'I1'1III....., 1.¡'-e. '1> W).I¡*, ¥I .......iI!f ~.. i..... ~ .r.Gii ....»IS 1- .. AII..,,,~ f.~., ¡r.lh'IW.~1 ~ 01_ at..,I,f-..... tIy ..111., IItI'I~. 111, ..."..""'.. ...-. _rill! w!vIn .. ~It<l<lltrt/> CO........M't ....... 1'1t1o ~, ~. ...." ø.f III! '....... ~'" fa" ;"œ ~ tt I/ItI - ~':t, tor lIlY - fllll.'4M tobo", Wti 'aMtilt 1AI'1II e..__ IN "'*' 1III1f¡<' ~ lor .,., **" btl>JØ!I . .,-. 1~..Af~ ... 1ft. C.II_ oa;.r-" ,,,- I.. .....,.., 1I1I:IWM1I\I IIIIt ~ ~ .v.fllc..,.h.....~fG..\1¡INYC__..I!I.....\\4IIc:~~**tllI4ot >~, I.... .... ~ Iny - <111 ~c, ~......... fitIti ."" ittit ..........,:, C....,.., ",lit!. "" lãJ.1II '*'ti9n ßih ._ cI.... My 1¡-.IIfIIiIo<,ft~'IMm III."."......'" J\Ø'I......UCtv1~aÞoVt.. lAG i!t ~_ ....... by ¢~ » , ,...... .' ,-'t fllfll.1Þ too ....... DI'I--... .NI ,.....1Ir, "'1tJat. Ov'-" Wt!~ .... an, ..,... '" ....' Jrr~ IÞ'" o"_,..."ibI ~ t_. .......... iÞfto.......... _ltItd W ~OIW ,c...._twr'c......"*;a ..<:....,. '9 -. ,... ~~¢j h_ tIIIItIf "_.1_ t. _ fIIrltl' ,....... -.Itc fit II< é___t aq~ .,,4 o'IWIO.. ..._,.~ ......i(Ø to ....."" '" ulal ~ "._.,... . ~_ ~ ... ~ u.. n·.... ~..."'co,_. C-...... tIIIaII ""'.. ~...:.·.Ia Iat ,__"'~ oorro. _..... ..... !Ç11nt.1tG la ...... ""œ. '*"'PIiaooa WIll ~ .. - øt\<.... arl\1ftQ ""_,, '-'f...,...tIII tII ......._" &I.I' '- II< 00<__ _'". ...kIIIIty jo, ..._ """,'11«. lit.. 1M _ ot &WIsu.. "'~ '*'" '-.~ -...y.. NI1Iomt -...- '''''. ,,1\ Ii/Id.""$""~ '.iiuno,,"~ '*.......~unGa' !:I.~, -....t...,¡ .',. CtItM_ -__ .. Ilúl!J!tII; :cra_If_ to þ'¡"ÙO I/tlo.,,,, .u".~t. .-v__ 0' ·o.~ suit.... ..01.......,. ~'~__'M" :: úStðll'1otf' Iìp~ailll"e X _ ----- ~ M-'r.óta8l"'ltftt Reþ...wni_ve :;",e ~ ~larr,1 Prt¡r, "".1'11' N. Ruumn 10. 1'lQ ÁI1Ii1'N II BIiaam Cate Nerne PM! ~..-.;¡ ~ CO pr~ ~'..., orø.r, T.... VOII, ,I A;.1.GlNALii Agenda Item No. 16A3 October 26, 2004 Page 22 of 30 PARKING LICENSE AGJUŒÌtŒNT BE1'WEEN CORRADI A.RPO.T, tNc, I .AND NAPLES ttALIAN-AMERICAN cr..UB,.1NC. UCITALS The N.ap1cs ltaüm-Amcnt'aIl Club. Ino." ~ 'Florida Not¡For-ProfttOPrpontion (''Naples'') is tile OWJ1t!t oC¡)ropetty located at 1035 Ahport Road· NOJ:th, Naple&, Florida. Comdi Airport. Inc., a Florida corpora.ÚOD (''Con;Idi") is d\8 o~ of property adjacont to the N4plcs's plOPcrt)' 1o<:otod ,)4 Airport Jtoéd Notd1 and q:sore folly descn"bed in &lúbìt A attached hereto. Naples has nce4 ot è.oaadi's pro~ for use as 8 parkirlg lot, together with cormno.n ìc¡resa and egress I«Vinø Corradil. propertY. for an event to be ~ld from October 281hrougb Ool:ober 31.2004. For good and valuable considen.tion, .rocðpt o£-which Î.I here açJœow1edged, the parties agree as follows: 1. Cotradi hereby licenseS to Naples. and NaplcII hereby licecses from Corradi., Corradi's property desaibcd in Exhibit "A.,'r _t.aehcd MId rctoaCd to as the "Parking Lollt This Uc::cn9C t'C3CtVe8 tho right for P....CS' automòbile tmd. 1roOk parking only. . : ! 2. The term of this License sball ~ on. OdOber 21, 2004 and end on . Novem.b« 1, 2004. :" 3. This License may not be aasiined bf Naples DOl tJ:¡.e Park:i.Qg Lot sublet in whole or in part. wi.thout in ~ C~ the {)rior wdttcn oonsent of Corradi (which cousent may be given or witbhold in Coøadi'$ sole discretion). 4. Naples 8groe$ not to erect or to cau&e of pennit to be etccted on the ParIång Lot my buüdings Of strœturcs. wbethcr permanent. or temporary. . 5. This A,greemœt is one of ncenøing 4t property and r. not a bøilment. Naple:; sball. usnme fWl mpoQlibility foc its 'Vehicles aod tb.ote of its employees. ß&èltts. guests, or invitocs. sad Itbe comcutl of the v.,)ùeles. Napl.ea1 as a material part of the consideration to be rcndorcd to Corradi UDdèr this License. to the edCnt permitted by law, hereby wlÍves all claims against Co~i, ita apnts. s~. or employees for tou, theft. or damø.ge to property III1d for ¡injuria tò pmoœ in. on. or about the Parking Lot. and NapJea shall indemnify~ defend. and ~ld Coøadi, its agent~ servants, and employeero exempt and bmnl~s ftom and on acoount of my dllJnð:ge or injury fA.) .any person, or to 1110 propertY. ¡ooq.., wares. and triercl1anðile of my penon, _.,._._'.- --"-....- --.. .~.--- ...--"..'-' _. ---. ......--....-..-...... _..--.- 2;~:¡'"!(~·'~~[.?: ~~. ·F?: -... -.. ... ¡ ¡ ~ . .....' ;'~.I _'... . ~... . 'l'. F1\IJUCH SLACK 1f(!.Jl ~!t5. l·~!). ~i:~ ~~t¡ 4' '-!, ¡ . I. .' r~ l.JU.:ï Agenda Item No. 16A3 October 26, 2004 Page 23 of 30 m!ôÏt1g from the use of' the Puking Lot by Náplcs. i~ agc:nt$; scr\'aJ1t&, c:mpLoyees) contractors. invitee!, or licensees. 6. Particularly) but not in limitation of the furegoing ~pb.. all property belonging 10 Naples or any user of the Pa.rki.n¡ ;J..,ðt shall be there at tho risk. of Naples 01 !J.uch· other pet'$OD only, and except for tho ~b«ate act of CCJmldi or its Itgents ô£ employees. Corradi. its agents. or employees sba11 not be liab~c for ÌÐj\11Y to perSónJ Qr damage to or theft of or mis.pprppriatiøn of sncl\ property by any means ,vhat3OeVCI'. N.ples shaU give prompt notice to Cònadi in case of any such itùUI'). damage. theft. or misappropriation. In C89C" ey aotion or;proooediD.g sboukl be: brought against Corradi. by reasoD of any obligation on Naplcš's part to be perionned under tho terms ofthiB License or arising ftom ~y act or negligence ofthe N&ples, or of its guesrs, invitec:s, agents or employees. Nap1at upon notice :fi:om Couadi shall defend the same at Naples's e.xpeme by counsel reuonabty ~ati.sfa.ctOI)' to Corradi. Naples shall pI(w)de Corradi certification þf insurance namìng Comdi as an additio!A1 insured from E. Can Amusement ÇoJDP8IIY (S2.0'p0~OOO.OO) and Nåp1es ($1,000,000.00). . 7. In the evstt of øy liligaüon bctwCCl¡\ Naples 8Dd Ç,orradi to enforce any ~ovigion of this License or ~y right. to eitþer party, the Naples shaIlP8Y upon demand all Ç.mradi's costs, dw'ges, and ~ induding reasonable fees of counsel. agent.. and other retained' by Cotradi. iJ1eurred: Ín enforcín¡ Nsples's obligations W1der this Agreement or incU1Ted 1).;YCorradi in any litigation, negotiation,. or transaotion in which Naples C8uaes CorraØi. without Coiradits fáWl. to b~-omCl involved. I In witnesS, the parties have signed this aarœm:ent at Naples, Florida, this _ da.y of September, 2004. . ;. Naples Italian-.A:meriean Club~ lne. By: A.11thony G~e. ìts Prœident CoD'adi Aixport, me. .By: . Micb.at)! Corradi. ít9 Pre8idcnt . .--..........-.--... - - ~ ---..-...--"--. , _._~__ ~._,.__,_...---.'_____ -1:"-". . -~...- Anlhony C, Gnerre President Russ Azzolina 1st Vice President Nancy Gruppuso 2nd Vice Presiden Joseph Sottile Treasurer June Bianchl Corras, Secre1ary Betty Criu Recording Secretary Direclor$ Angel\caCaballero Tom Carlo Melissa Chìappetla Salvatore Giglio Joseph MacDonald Walter Petrilla ,.- Agenda Item No. 16A3 October 26, 2004 Page 24 of 30 9{gpCes I tafian .9lmerican Club 70355f.irport 9{(Jail 'J./grtti 9t/9pCe.s1 g:{oriáa 34109 pfwne 239-597-5210 ~~239-596·3815 September 21, 2004 CoUier County Sbcriff's ()ffi.ce 3301 Tamiami Trail East Naples, I'L 34112 Dear Sberi1fHunter, 'Ibis is to advise you that 1be Naples Italian Amaiam Cub win '& hosting tbeir annual "ITALIAN FESTA" ftom Thunday October 28111 thru Sunday ()çtober 31- 2004. The hours of OperatÏoa arc as follows: Thursday Oc:tober 19'h Friday October 2~ Satm'day October 30· Sunday October :nit 6:00 to 10:00 PM 6:00 to 11:00 PM Noon to 11:00 PM Noon to 9:00 PM 'Ibis event wiU take place 011 our grouøIs at 7035 Airport RoId North traffic: entIaGœ. parking aDd. exitiD8 will be on Orange Blossom Drive, parking will be by N.I.A.C. pcnound. or thCÎr r>esiguates. Patrolman will be needed as required Your cooperation on this Matter will be g:ready appreciated. Should you de8ire any addiaioDal IDforma1ion, please advise by ca1lin& the Gub (239) '97-S210. Point of Contact: Ed Markunas (239) 4S5-6498 Very truly Yours AnthoDy C. GDen'e PIesidenI 7035 ~rport !1i.9n4 - JiIitport & Ora1lfJt 'BWsom 'ßuDIÍ FPCf'1 :N¡:f"_ES :TI'LJ~E"!1a:t4 a.UB FHX N). :941 '5S6 3815 .. ~~\ m 9'6.' '5eP., .28 20Ø4~~~Erf;t~O. 16A3 'n'I"'11d III ~~·¡6·2~<'~ Octobat>:e6,2004 Page 25 of 30 COLLER COUtfTY SHeAIPF" OFACI nus AGA.EEMENT, ewUreå into W. 07 day d Mev 2C.IG4, by &nd btdwMn the CoIIi_ County Shetfff"t Office, OON HUNTER. Sl'!ERJFF Of CoIIW County. Naples. Florida. heAIìn8ft8r referred to a$ ·CCSO· IIOd NuIø m ~~ In. Florida" ....1Ifter ~ to .. ·CONTRACTOR~.~ ~"PARÆS". .' ThI' contract eøenlion wi" AÞmain active unfit SeptemÞer 30 2004 Ail the t8c'm$ " conditione Of thl origi....' ccanc:t will remairl vatic. The It8timat8d minimum rate. baled on wrrer4 infamBtion. ia $ 34.13 D.' 1IDur.., beDutv. subject to finel ac:counting. EINANCw.. ARRANG~re' ~ R.JLL PAYM:NT IN ADVANCE . SO% OEPOStT REQUIReD NO DEPOSIT REOUtREDfTOTAl DUE UPON BILLING .." '- IN WITNESS WHEREOF I THE PARTIES HeRETO execUTE. THIS INSTRUMENT ON THeiR Be~AlP, AT THE DATES SET FORTH BELOW. AS APPR.OVED AS TO FORM AND lEGAl... SUFFICIENCY SUBJECT TO EXECUTION BY THE PARTIES: CONTRACTOR:_ BY . B· C, C; M€««E '1/';). ¡)Q\..¡ "<'e.J Typed -- Oate ,...J\' ~ 'H ~. . '-I' ..;) ~ StrMt Addre$$ , State. lip Cede '- 'd- J q ~ ç ct·"), ~ '). I ð ~ '1 q... ç c:¡ C:, r- 3 1I ) ç T~fI Ct!fut8r# FA,)(J COLLIER. COlJNTY SHERIFF'S OFFICE: lieutMlant - $pedal S4iJrvicet Bureau []ApprovGd [)Not AþØr'owId D.. Cmdr. Patrol Oi~ Date [}Approved ~ot ~ F .....1'1<» ~ 0N0t Appro't0'80 D8te ~ 01 0peraI0n1. DAppl'O\48d DNot Approved Date Den Hunter. Siw1fr, COIIierCoia"lty [JApprCMlld DNot Þf>~eå Date Anlhony C. Gnerre President Russ Azzoína 1st Vice Pmident Nancy GruppllSO 2nd Vice Presiden JosephSoltiIe Treasurer June Bianchi Corres. Secretary Betty Criss Recording Secretary ~ Angelica Cabalero Tom Carto Melissa Chiappetta Salvatore Giglio Joseph MacDonald Wallet Petrilla Agenda Item No. 16A3 October 26,2004 Page 26 of 30 9{g,pCes I tafian .f2Lmerican C{ub 7035 ~irport t.Rpaá9-/9rtli 9{gpks,1foritfa34109 pfwne 239-597-5210 :r~239-596-3815 September 21.2004 Ms. Cindy Reynolds North Naples Fue Departm.cnt 1780 Immokalee Road Naples. FL 34110 Dear Ms. Reynolds This (euer is to iDIi:mn you that tho Napes lIaHan AmericaD Club Located. at 7035 Airport Road North will be hosting their annual "IT ALlAN FESTA" ON Thursday October 28111 thru Sunday October 31", 2004. Th.is û:stivaJ will be bekt on OŒ grounds. We have applied for all The necessay pennits from COUJER OOUNTY. In addition, we Will have a series oftCDt& from various venders on our grounds. Should you desire 88Y additìonal information. please advise by CaIlin& the olub at (239) 597-5210. Your ooope.mtion OIl this Mau.c:r will be gresdy appmåted. Vr:ry Truly Yours Amhony C. Goerre Presideot: 7035 ;wport ~ - JWport & Oran.ge 'Bfossorn !R,rJtuf Agenda Item No. 16A3 October 26, 2004 ...-" Page 27 of 30 ·w eo i Z 0 ~ j ã~ ~ .0 ~ I~ 11- i~ ~ Ht I~ s øc: ~ ! i J~ .. ð ... g ~ )11 J ¡:::;) c:; ð :z S E .. 1~! I z 0 hi ; CI) t > Q z Hi I (! 0 ~ I ~ ,It "'0 "I z- pI ) z) 11,1"" .-., -;t c;: Ii I o.-æ II ::ICI)u sêU "-Wo ,0:: .0.0 II ~ o::wZ f!~ i 00< Iii ~II 0-" I ~ 2>Z II. o t 0::- zoZ 11,1 11,1-11: Š í ~!~ ...tz< I. 0 "'1&111,1 ¡.. l&lcø..f .0 ~ ~ tn, '> .. ~ \n ! i I I PERMIT FOR CA~IV AL EXHIBITION i Agenda Item No. 16A3 October 26, 2004 Page 28 of 30 Permit No. STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS. M<. Anthony C. ¡neue, Pre.ide... Nap1o< ¡tali.. Ameri"" Clnb,........ application to the Board of County ¡mmissioners of Collier County, Florida, for a permit to conduct the annual Naples Italian Am rican Club carnival and; WHEREAS, Mr. Anthony C Gnerre, President, Naples Italian American Club, bas presented to the Board sufficient evid nee that all criteria for the issuance of a permit to conduct the annual Naples Italian American Cl b carnival set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier Co ty Code have been satisfied and that such exhibition will be conducted according to lawful requ rements and conditions; and WHEREAS, said Naples ltar n American Club carnival, has requested a waiver of the Surety Bond; NOW, THEREFORE, THIS ERMIT IS HEREBY GRANTED TO Mr, Anthony C. Onem, President. Naples Italian Am ican Club, to conduct a carnival from October 28,29,30 and 31, 2004, in accordance with the t rms and conditions set forth in the petitioner's application and all related documents, attached h reto and incorporated herein for the following described property: (8 attached Exhibit" A") The request for waiver of Sure Bond is hereby approved. WITNESS my hand as Chairm n of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this day of 2004. A ITEST: DWIGIIT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA: DONNA FIALA, CHAIRMAN Approved as to Form and Legal Sufficiency: Matjorie M. Student Assistant County Attorney . Hc>rr;.,~It-;~~J; arid" r J(f'rT'ptionr1y IF;;¡íÒNolõOmõoooo5lfr~Y Addru.-¡i"'jj2iÃÌRPÕRT RD N .-- ~î;~~~~:'~1~ff)1~l' ... BANe FLORIDA 8LDG __ !1m1Pet.ICAN SAY BLVD .. - ..-. -.. .. ¡,.-.......-. eft I; NAPLES----:JC¡ Stat-;r¡;i:'" -=-=q :'~108 . 276~ L._Jt___ . !!Jt..!.--.__.... ~~ ¿ ~ J!,j-- /v/ 1/"'4 T--X rJ -- IiœmItI ,,- ! / . .. ./ / " 1_- Leg. i~~~~E~.!.!.e CN~F SE~ .1 ~. N 2DEa '!! 170B.10FT, S L8SDEG W_!~iT~~ SR:1 L AND POS, S steeG W'.OFT. N , Ls.ctton.J[ Township L. ~. ~ C 02 JI 48:::JL 2!.... _ _f . - .,\. ~ .~ Agenda Item No. 16A3 October 26,2004 Page 29 of 30 - --- MIP No. ~ strap /I 4M2 482602 04ð.Õ ," . . Sub N~CJC-~u JI~ MlUaaeIQl/I t1. Un c;;¡¡ __ if --.J NON-AGRICU1. TURAL AÇREAª] 133 II ~ 'r ,. J '. . "~". ~ ./ 1'..- .ft··~, 1" ,> 10ft ~ MIIII 13.687 2002 Preliminary Tax Roll (subjllGt to ctiange) Sales History DIIta 800II: . 0311.11 1111.2201 " _ 10/1ft1 842 . &'2 ,'-f .- ,;. -- "," ....- . 4OO.0GO..OO S'.OO $ 400.000.00 $0.00 ....~~..... ........_~. ~-~ . 400,000.00 v..... . 0.00 · ratable Vatu. ' ! . <IðO.OOO.ðO I SOH =ftSave Our Homes" exempt value du& to cap on assessment Increases. ... mila 09/19/2002 3:33 PM The InformatiOn Is UpdMecI W-kti. ...- ..1-. Exhitbit "A" ,... ( --, 'lfòÎŸïëiïi"adK ãnd r xemptloml ---- h;e 'Propcrty , r,pprðl';I'1 ..~. _____ _ v ___ Tal1uib1e P.'rx()nitl Pi Pp~ty ~ . --- -- +_. - ... \\011111' HIJI};!' ..- ~ ~ .. r'f¡!1( II:ltllo1l (;1:1<,<;111<: .1tl<H\ ~ -- -- /\';")\/11: Atl' SI</I)I)"I .- - ~-~--. . -. - f,n H"il .,.....~·'""-6umm~'~- "" - - . --- -- ~ -- -. S lilt(. M Dp'8 , -~. . t Ilif.:~, ~~-~--~.~---- -------~ I , I I O}l ! ~ 1 Agenda Item No. 16A3 October 26,2004 Page 30 of 30 71' .5'3- /;/4J-?",¡j'~ ¿ __ mm:m IIaØIIì ~!.O Ñ~L~~2#!!9i~~J[P.r.openy Addr"~~3i MRPòR!_~D N ,--~~..._~~~~_.~~.._~~--_._---_.- I Owner N : NAPLES ITAL.IAN \ . ~.L'2"-'-II\ft~~-;'~~ , ...1 AMERICAN CLUB INC ! &.~......~~_..---===: - r 1035 AIRPORT PULUNG RD iii _ CltŸ.fjJAPL~~ .'~" ¡r -~/8t"'~ ,.' r-----~ '.2.411 2$ COMM SE CNR., N !17Õ7:¡õF"T;"Wioo-:Óm, N3'O n =.... rro'põB.'wøOFT,Ñ3"HFi-=:=="""---," trr...:-- . ~~~ l E8$OFT, ~33OFT T~!2!~5?..R_____.____ .... ---...- --- ~~~ ~~Rãñøe-lf¡;-4 ___ oz _.Jt~_ L._ 28 ~ cIS ~MÑÕ~B~:,,·__lL..~ .' ~ Ü...; ~. .-.!L__Iil!!.STITUTIONAL ~k 2002 Prø/imlnary Tax Roll . (subject to change) 11+)3';:-" ------~- ::::: . Martlet Valua . '11.....77.00 SOH EIIi t ValUe . 0.00 AshUed Value 17oI...71.eo ¡ (.) HOI'1'!~"CU.!l!t- othar e Value . 0.00 I ! (:r) Taxable Value , _ $ 67·U71.00 SOH ;;; ~Save OUr Homes" exempt value due to cap on assaslment increases. ....---.J : __J j =; r ~[ 34101 ·1109 ~:j -- "'" J -===:rt=:f j ! .J I -_-! -.... -:::=-- r Strap No. I 412102 MO.oOo.u.02 Sale. History -- - The Infonmltlon f. Updated WMt:t¡. ..._M.H.m"H...._..~..H .HHH.._wm.H.... Exhltbit "A" roo, ···'bit:pa;e I~~ CIte IV -(I) .- IIìIaDII 1 I I I.2fO 3' 6 p~ Agenda Item No. 16A4 October 26,2004 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to authorize an additional permanent position for the Environmental Review Section within the Environmental Services Department of the Community Development and Environmental Services Division and consulting services designed to improve efficiencies in the land development review process at a total cost not to exceed $69,300. OBJECTIVE: To add an additional permanent position within the Environmental Review Section ofthe Environmental Services Department for FY05 in order to provide a better response time in reviewing Land Use Petitions, Site Development Plans, and other reviews and permits; and to authorize $7,500 in consulting services to identifY efficiencies in the development review process. CONSIDERATION: The Environmental Review Section consists ofa Principal Environmental Specialist who supervises one (I) senior Environmental Specialist and three (3) Environmental Specialists for a total of 5 FTEs within the section. Environmental Review is responsible for applying the Environmental requirements from the Land Development Code (LDC) and Growth Management Plan (OMP) on a variety of plan reviews and permits, including land use petitions such as Rezones and PUDs, plan reviews such as Site development Plans (SOP), Site Improvement Plans (SIP), Plat and Plans (PPL) and Preliminary Site Plans (PSP), and stand alone environmental permits such as Vegetation Removal Permits. -- For FY04, Environmental Review has recorded 1,030 separate items that require an environmental review, Staff has been tracking the time it has taken for all the reviews performed by the Environmental Review staff since October 2003, Figures] and 2 summarize data that address review times recorded for SOPs, SOP amendments, SIPs, SIP amendments, PPLs, and PSPs. Note that the average review times have increased over the 30-day target in the last two months (Figure 1). Although average review times for most of the year are below 30 days, only 46% of the review times are less than 30 days, in other words, 54% of the reviews take more than 30 days. Moreover, 38% of the reviews take longer than 35 days and 26% of the reviews take longer than 40 days (Figure 2). Staff recommends the authorization of a new Environmental Specialist position within the Environmental Review Section in order to reduce the review times to an acceptable level. Performance goals have been established for the Environmental Review Section and are also illustrated in Figure 2. Improving review times are those that "move" the Actual line 'left and upwards" to the Ooalline. Since Environmental reviews are often the longest review times when compared to the other reviewing sections, these improvements should result in reducing the overall review times experienced by the applicants. Performance goals for the Environmental Review Section are therefore set at: . 75% of the reviews should be less than 30 days, . No more than 10% of reviews should be greater than 35 days, · No more than 3% of reviews should be greater than 40 days. -, Agenda Item No. 16A4 October 26,2004 Page 2 of 4 Staff is also reviewing current procedures and code requirements to determine where streamlining processes and changing code requirements can gain efficiencies. Changes will be made during FY05. Any processes or codes that require amendments to the LDC will be brought to the BCC in the 2005 Amendment Cycle 2 LDe. In order to expedite this review, staff recommends that $7,500 be authorized to hire a consultant to assist in this effort. A scope of services for this effort is as follows: 1. Review the LDC and GMP to assess opportunities to make changes to improve our regulation and laws. 2. Review our petition and permit processes and to update them and propose modifications that will reduce our staff review time and simplify the processes without losing any of the current environmental protections. 3. Research other governmental, state or federal review and permitting regulations and processes and compare them with Collier County's in an attempt to improve, simplify, expedite and/or make our processes more efficient. 4. Assist in the writing of proposed changes to the LDC or GMP if it is determined that they are needed to achieve 1-3 above. FISCAL IMPACT: Funding for this position was not incorporated into the FY05 budget and thus a budget amendment is required, FY05 costs for this position to be funded from Community Development reserves, Development Services Fund 131, are $69,300 and include personnel and operating costs for 10 months, $7,500 for consulting services identified above and initial capital (computer and furniture) costs. Recurring annual costs (2004 dollars) are estimated at $58,000. GROWTH MANAGEMENT IMP ACT: Conservation and Coastal Management Element Policy 6.1.9 states that "the County shall provide for adequate staff to implement the policies supporting Objective 6.1," Objective 6.1 addresses the protection of native vegetation communities. RECOMMENDATION: To authorize (1) an additional permanent position (Environmental Specialist) and associated funding for the FY05 budget for the Environmental Review Section within the Environmental Services Department of the Community Development and Environmental Services Division, (2) $7,500 for consulting services as identified above, and (3) the necessary budget amendments to accomplish the same. PREPARED BY: William D. Lorenz, Jr. P.E., Director, Environmental Services .~._...._.__.-.^_. Agenda Item No. 16M October 26, 2004 Page 3 of 4 Performance Assessment Environmental Review Section Figure 1. eview Performan h.A.u.gY&t.20Q4J.,. Figure 2. . .·30 40 Review Til11es (days)·· Item Number Item Summary Meeting Date Approved By Sandra Lea Community Development & Environmental Services Aqenda Item No 16A4 - October 26, 2004 Page 4 01 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16M Recommendation 10 authorize an additional permanent posiHon for the Environmenta! Review Section withinlhe Environmental S::n.:ices Department oftne Community Development and EnvironmMtai Services Division and consL¡lting ser\fices designed to improve efficiencies in the land developm~nt review process at ii total cost not 10 exceed $69,300 10126/20049:00:00 AM ExecutivE' Secretary Date Community Development & Environmental Services Admin. 10/14.'20042:50 PM Date Approved By Denton Baker Community Oev,~lopmeflt'" Environmental Services Financial Admin & Houroing Dire-dOt fïnullci;tI Adrnin. & HOU!öing 1Q110412004 4:46 PM Dnte Approved By Con.stan(;(! Å. Johnson ComnlUnity Developluent & Envimnmerltal S~rvic.s Ol)4!rntiom¡ An31Y!it Community Development & Environmental Service,. Admin. 10/1$1200.c. 9:10 AM Da1p. Approved By J05'1!'pn K. 5r:hmitt Cummunity Development & EnvironmentaIServii.:es Coml"Ounity DC'yclopn)(Hlt & Environmental Servic.es Adminstrator Community Development & Environmc'nlal ServIces Admin. 10/15/200412:52 PM Date Approved By Pat lehnhatd County Manager's Office AdministratiYe As.s.ismnt Offíce of Management & Budget 10/15!2004 1:25 PM Budgt~t A.nalyst Date Approved By Man: b.a¡:k$on County Manager's Office Office of Man;Jgement & Budget 10/18/20049:.011 AM Dote Approved By Michael Smykowskî County Manager's; OHÎc(! Management & Budget Director OUice of M.an;l!Jemf!nt & 9udg(!t 10i1gi201l411:14 AM County Man3ger Date Approved By Jame-s V. Mudd Board of County Commissioners C()Ul1ty loA.mager's Office 10'1312004 11:&4 AM Agenda Item No. 16A5 October 26, 2004 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners acknowledge an error on the recorded plat of Quail West Phase III, Unit Five, and authorize the Clerk to make notation of this acknowledgment on the original plat OBJECTIVE: To acknowledge an error on the recorded plat of Quail West Phase III, Unit Five and authorize the Clerk to make notation of this acknowledgment on the original plat. CONSIDERATIONS: 1. On November 5, 2002 the Board of County Commissioners approved the plat of Quail West Phase III, Unit Five for recording. 2. The recorded plat dedicates Golf Course and Future Development Tracts to the Quail West Foundation. It was not the intent of the developer, Quail West Ltd. to convey these Tracts to the Foundation. 3. The Foundation has recorded a Quit Claim Deed conveying their interest back to Quail -- West Ltd. 4. The developer has requested that the Board acknowledge the error on the recorded plat and authorize the Clerk to make notation on the original plat of the acknowledgment. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact. STAFF RECOMMENDATION: That the Board of County Commissioners acknowledge the error on the recorded plat of Quail West Phase III, Unit Five with the following stipulations: 1. Authorize the Clerk of the Circuit Court to make notation of the action on the original plat as recorded in Plat Book 39, Pages 34 through 47. PREPARED BY: John Houldsworth, Sr. Engineer, Engineering Services Department - Executive Summary Agenda'ltem No. 16A5 October 26,2004 Page 2 of 5 Page 2 Item Number Item Summary Meeting Dlte Agenda Item No. 16A5 Oclober 26, 2004 fOage 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A5 Recommenaation Ihat the Board elf County CommISsioners acknDWJedge al' error 011 the recorded plat of Quail West Phase III. Unit Five. and aU1hori1e the Clerk 10 make notation of this acknowledgment DI11he on gin a! plat. 10/26:'2004 9:00: 00 AM Prepared By Senio. EnginelJ't 10/14120047:18:34 AM John Houldsworth COfnmlJnity D!vt~IDJ'mwt &. Environn1ental Servic.e$ Dote Etlnin~erin~ Ser.th:us Executive Secretary Date Approved By Sandra Lea Comrnunity Development & Environmental ServìclI!tI Community Development & EuyirQnmtu¡tal Smvil~~~$ Admin, 10/14/200411:23 AM Date Approved By Constance A, Johnson Commun ity Development & Environmental ServIces Operatíons Analys.t Comn1Unity Development & E'.nvirnnmental Ser..,kes Admin. 10/14/200411:51 AM Engineering Review Manager D.te Approved By Stan Chrzanowski Ccrnnllmity D~V(:lDpmetlt & Environmental Servìc.es Engineeri1l11 Smví(~s 10:;-15/200.( R:06 AM Joseph K. Schmitt Oate Approved By COf"l'munity Development & Enyironrru~otn Smvil:m;: C)mmunity Development & Environmental Serviccs Admìl1strator CðtnmUrÜty Development & EnvinJIIIYtr.nta Sl!:tvic.~!. Admin. 1011512.00412;54 PM Pat lehnhard Administrative Assl&tant Date Approved By CDunty Manager'" OfficI!! Offi(;~ of Management & Budget 101151200" 1:4f. PM Approved By Mark Isackson County Managers. Office Budget Analys.t D.te Office of Management & Budget 10f18/200410:32 AM Miçh¡¡e-I Smykow'likj Managenmnt & Budget Dim¡;tor ()ate Apprond By CQunty Manager's. Otrk:e Office of Man:agement & Budget 10/1&/200412:35 PM Approved By James V, Mudd Board 01 Cmmty Conllnijó~¡ottl!'rò. County Manager 0... County Mal~ager'$ Office 10'1812004- 5:51 PM l(')Vl(') «0_ (000 .-N.V ci (0 Q) ZNO"> ,-CO E Q)D... ().D .....0 ;13 -00 c () 0"> « Z o w- I--~ 000 o -' ~ i- i_ ~~ ~ .~ ~-~ ¡~ ;! "- ~§ ...;!!. ~ ~~ -~~ ~- ~ ~~~ ~I ~ ~¡h i~ ~. ~ !- i f~ ~! ÜtY~ """'-- o g :" I ÖZ wQ I~ 00 0:0 0..-, < . . ~ ~ - i- n . ~ n ~- h § o N ~ -, ~ ;: ~ z r ~ ~ tJ= . N<_ 1"1"'~ n ~ ~; G :I- ii w w -' an-o AtUNrI(Q 'I J1O~ SOOQIII. SS1~dA:> 1L-3J,VJ.8IØJ.Hf G ~ ~- ~~~ J1V:IS Ol.lON / - z- _^"""" ISIT100 ''''1m ~ ~N I"I~.. c, ~o g ~ 5 o ~ - ~~ ~ ~~,¡: . ~5! . ~~~ c ~<_ gE! """131000 NWOO'1 i~ i~ ., Ii- i!G tL·iJ.'t~ a.. <t ~ I.LJ ~ en .... I- ~ ,.., w II) oc( f !ñ w ~ ~ oc( ~ c:s a.. <t ~ z o ~ u o ...J RESOLUTION NO. 04-_ Agenda Item No. 16A5 October 26,2004 Page 5 of 5 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO ACKNOWLEDGE AN ERROR ON THE RECORDED PLAT OF QUAIL WEST PHASE III, UNIT FIVE (PLAT BOOK 39, PAGES 34 THROUGH 47) AND AUTHORIZE THE CLERK TO MAKE NOT A TION ON THE ORIGINAL PLAT OF THIS ACKNOWLEDGMENT WHEREAS, the Board of County Commissioners of Collier County, Florida, on November 5, 2002 approved the plat of Quail West Phase III, Unit Five for recording; and WHEREAS, the recorded plat dedicates Golf Course Tracts (GC-l, GC-2, GC-3 and GC-4) and Future Development Tracts (Tract F) to the Quail West Foundation and reserves these Tracts for Quail West Ltd., the developer; and WHEREAS, it was not the intent of the developer to transfer property or rights to the Quail West Foundation of the Golf Course or Future Development Tracts; and WHEREAS, Quail West Foundation has recorded a quit claim deed recorded at O.R. Book 3659, Page 3296, in the public records of Collier County, Florida which conveys all interest including maintenance responsibilities in the Golf Course and Future Development Tracts to Quail West Ltd; and WHEREA3Juail West Ltd. has requested that a notation acknowledging that this dedication was in error, and no longer of any force or effect be placed on the original plat. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board acknowledge the recording of the quit claim deed described above and further acknowledges that the dedication of the Golf Course Tracts and Future Development Tracts to Quail West Foundation, Inc. is no longer of any force or effect. BE IT FURTHER RESOLVED AND ORDERED that the Clerk of the Circuit Court make notation of this Resolution by referencing this Resolution number on the plat recorded at Plat Book 39, Pages 34-47. This Resolution adopted after motion, second and majority vote favoring same, this _ day of , 2004. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant Collier County Attorney Agenda Item No. 16A6 October 26,2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to award RFP 04-3717, in the amount of $29,580, to James Duncan and Associates, Inc., for consultant services for a Parks and Recreational Facilities Impact Fee Update Study OBJECTIVE: Approval of a contract for professional consultant services, with James Duncan and Associates, Inc., for the preparation of a Parks and Recreational Facilities Impact Fee Update Study in the amount of$29,580, CONSIDERATIONS: The Request for Proposal (RFP) was advertised on August 9, 2004. Notices were sent to 118 firms with 24 vendors requesting full packages, and responses were received from five (5) firms by the due date of September 1,2004. A Selection Committee meeting was held on September 29, 2004, and after review, scoring and discussion of the proposals, by consensus of the members, James Duncan and Associates, Inc, was selected as the number one choice among the prospective vendors. Tindale-Oliver and Associates, Inc. was placed as the second ranked firm. The selection committee was composed of staff from the Office of Management and Budget, the County Attorney's Office, Parks and Recreation Department, the Purchasing Department (non-voting) and the impact fee section of Financial Administration and Housing. /....-. In addition to the scope of services for a standard impact fee update study, this contract also includes a task that addresses maximizing a specific component of the Parks and Recreational Facilities Impact Fee for boat launch and beach access acquisition. The direction to pursue this course of action was given by the Board of County Commissioners on May 11, 2004 (Item 10C- Regular Agenda). The Parks and Recreational Facilities Impact Fee was last updated in 2002 and has been subsequently indexed in 2003 and 2004 as set forth and required by the Collier County Consolidated Impact Fee Ordinance (CIFO), 2001-13, as amended, which is Chapter 74 of the Collier County Code of Laws and Ordinances. GROWTH MANAGEMENT IMPACT: The update of the current Parks and Recreational Facilities Impact Fee will provide additional financial resources for the construction and/or expansion of the County's Parks system as necessary to accommodate growth. This update will also help to ensure compliance with Policy 1.2.7 of the Collier County's Growth Management Plan - Capital Improvement Element regarding the continued collection of impact fees to finance Parks improvements necessitated by growth. FISCAL IMPACT: The $29,580 for the Parks and Recreational Facilities Impact Fee Update Study will be funded entirely by the Parks and Recreational Facilities Impact Fee Trust Fund (Fund 346) as authorized by Section 74-203 (b) of the CIFO. ,- Parks Impact Fee Study - Contract Approval Page 2 Agenda Item No. 16A6 October 26,2004 Page 2 of 3 RECOMMENDATION: That the Board of County Commissioners approve the contract with James Duncan and Associates, Inc. in the amount of$29,580 for professional consultant services for preparation of a Parks and Recreational Facilities Impact Fee Update Study and authorize the Chairman to sign the standard, County Attorney-approved contract. Prepared by: Amy Patterson, Impact Fee Manager, Financial Administration and Housing, CDES Item Number Item Summary Meeting Olte Approved By Brenda BrUhart Admini$trntiv(! Services Agentla Item No.1 GA6 October 26. 2004 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A6 Recommendation to awarlj RFP 04·1717, In the amount of $29.560, to James DLfnCan and Associates, Inc., for consultant sef\iices for a Parks and Recreationa! Facil!tîelt Impact Fee Update Study 10126/2004 9:00:00 A.M Purdlluìng Agent Cat. porchas.ng 10111/200411:12 AM Exm:utí\l(! Secmtary Date Approved By Snndm lea Community Development'" Enviromnental Services Comrnuníty Development & Environmental ServÎces Admin. 10M 3.:2004 2: 1 0 PM Denton Baker Financial Admin & HOIJ~¡ng Direclor O~lc Approved By CDnnnunitv Dnv~loplnent & Environmmlt"ll ServícI!s Financial Admin, & Housing 10113120045:48 PM Marl;¡¡ Ramsey Parks & Recreation Dírector Date Approved By Publi(: Ser.¡;(:r.s Parks and Recreation 10f14/2004 9:01 AM C()n~tanc~ A. Johns()I\ Op~ration$ Analyst Oat4! Approved By Community Development & Environmental Service1ò CQmmunity Developlnent &. Et1vironlnental Services Admio. 10114120049:01 AM Approved By Amanda l'Dwnsmd Public Services Operations Coordinator Date Parks and Recreation 10/15(200410:1-4 AM Steve C.arn(:U Putchastng/Gênera! SVC5 Director Dati(! Approved By Admínistrative Services Purchasing 10/15'200411:24 AM Cat. Approved By J(I$e,ph K. $1:hmÎtt Community Development & EnvIronmental Services C<lmmullity OI!Velt)pm4lnt & Environmental Services Adminstrator Community Development & Environmental $erÚces Admin. 1 G115/2004 12:U PM Patrick G. White Assistant County Attomey Date Approved By County Attomey County Attorney Offic:.e 10115/20042:10 PM Administrutivt! Aui'l;t..mt Cute Approved By Pnt LI~htltu~rd County Manager's Office Offíce of Managenlent & Budget 10/15/200.11 2:43 PM SUMn Usher Senior ManagefM'ntiBudget Analys1 Cat. Approvod By County Mansgt!r's Offi(;r. Offit:e of M¡miÞneIT1r.nt & Buduet 10/15120043:56 PM M.magentent & Budget Director Date Approved By Michael Smykowski County Manager's Office Offic:e of Management & 8udget 10/18(200411:31 AM JUfnes V. Mudd County Mat1ól:~er O...te Approved By 8nard of County Commissioners County Manager's. Office 10/18120044:36 PM Agenda Item No. 16A7 October 26, 2004 Page 1 of 5 -, EXECUTIVE SUMMARY Recommendation to accept the Quarterly Report on the activities related to the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program and change the requirement for quarterly reports to an annual report for each program. OBJECTIVE: Recommendation that the Board of County Commissioners accept the Quarterly Report on the status, activities and economic impacts of the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program as set forth as requirements of the programs. Additionally, staff recommends that the requirement for a quarterly report for each of the two aforementioned incentive programs be revised to require an annual report in lieu of the current quarterly reporting requirement. CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners adopted Ordinance No.2003-59 and No. 2003-60, 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 renovate 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 upon adoption of the Ordinances on November 18, 2003 through February 18, 2004. The second quarter consisted of the period from February 19, 2004 through June 1, 2004. The third quarter covers the timeframe of June 2, 2004 through September 1,2004. The program activity is as follows: ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM: Applicant Type of Industry Future Incentive Award Sky truck Company, LLC Aviation completion center $25,000 total ($8,400 per year over 3 years) .- Broadband/Job Creation Quarterly Report Page 2 Agenda Item No. 16A7 October 26, 2004 Page 2 of 5 Radiology Regional Medical - Radiologists $25,000 total ($8,400 per year over 3 years) On May 13, 2004 Skytruck LLC submitted an application to be considered for the Advanced Broadband Infrastructure Investment Program. The project will bring aviation service and aviation- related manufacturing to the Immokalee Regional Airport, The Skytruck Company operation is currently located in Poland and has recently announced its intention to build a "US-based aircraft completion center." Additionally, the President of Skytruck Company, LLC, Mr. Lance Maclean, indicated in his correspondence with the Economic Development Council " ... There are presently numerous airports situated in South Florida which fulfill our requirements. However, the incentive package offered by Collier County and the State of Florida has been extremely influential in our decision to relocate to the Florida Tradeport- lmmokalee Airport." ,,- On May 28, 2004, Radiology Regional Center submitted an application to be considered for the Advanced Broadband Infrastructure Investment Program, In their application for the Broadband Program, Radiology Regional Center states that "Fiber optic lines that can transmit data, createdfrom imaging procedures, will enhance our ability to transfer data to the Radiologist, who has the greatest expertise in reading a specific exam,.. The benefits to Radiology Regional Center and the community are numerous: the efficient time utilization of our Radiologists' reduced travel to and from our imaging centers, which reduces the traffic. By being able to transmit data through Fiber Optic lines, our center can reduce the use offleet. Improved efficiency will allow us to provide more highly skilled, highly paidjobs. This in turn helps keep healthcare costs down." The Board of County Commissioners approved the applicants above for participation in the Advanced Broadband Infrastructure Investment Program on June 22, 2004 (Items 16A(10) and 16A(l1) - Consent Agenda). JOB CREATION INVESTMENT PROGRAM: Applicant # Jobs Created Capital Type of Future Investment Industry Incentive Award DLC Marine 10 $600,000 Manufacturing - $30,000 Marina Products DLC Marine proposes to create ten (10) new jobs within six (6) years in Collier County at an average wage of $30,960. The above commitments make the company eligible for $30,000 in Collier County Job Creation Investment Program funds, to be paid in equal payments over three consecutive years following creation of the jobs. The Board of County Commissioners approved DLC Marine for participation in the Job Creation Investment Program on June 8, 2004 (Items 16A(9) - Consent Agenda). The requirement for the Quarterly Reporting on the above programs was established by the Executive Summaries that accompanied the Board adopted Ordinances enacting the Economic Incentive _.. Agenda Item No. 16A7 October 26, 2004 Broadband/Job Creation Quarterly Report Page 3 of 5 Page 3 Programs. Through the application of this requirement, staff proposes changing to an annual reporting for the following reasons: => Each applicant for the various programs goes through a lengthy review process to determine eligibility including approval of the program application by the Board of County Commissioners. Due to the timing, quarterly reports will often show little or no activity in a given program, when actually several applicants may be nearly through the application program but not officially accepted into the program, With respect to time management, we will also present in the annual report the approval stage of all applicants within both programs. => Staff preparation and Board of County Commissioners' review time may be better spent on an annual report, which would present a financial overview of the specified program with respect to actual budgeted dollars and funds awarded to qualified applicants, as well as a year-to-year comparison of program activity. Staff therefore recommends that the requirement for quarterly reporting on the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program be changed to an annual report for each of the programs, to be presented to the Board on County Commissioners on or about October 15 of each year for the lifetime of the programs. ,....-. FISCAL IMP ACT: 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. DLC Marine has requested $30,000 of Job Creation incentive funds, to be paid in equal amounts over three years after the creation of the new jobs. The following chart reflects the actual 2004 budget for the Job Creation Investment Program and the dollar amounts of the potential first-year incentive awards for the applicants approved into the program thus far. Qualified Applicant Incentive Award Bude:et (Beginning Balance) $400,000 March Performance $40,000 $360,000 Skytruck Company LLC $90,000 $270,000 DLC Marine $30,000 $240,000 The Board of County Commissioners also approved the funding for the Advanced Broadband Infrastructure Investment Program on November 18, 2003. Although there is not a limitation on the number of participants that may be accepted into the program, the maximum award per participant may not exceed $25,000, which is paid over a three-year period at $8,400 per year. - Agenda Item No. 16A7 October 26, 2004 Broadband/Job Creation Quarterly Report Page 4 of 5 Page 4 The following chart reflects the qualified applicants and the potential dollar commitments for the Advanced Broadband Infrastructure Investment Program thus far. Qualified Applicant Incentive A ward Budget (First Year Payment) (Beginning Balance) $58,800 Sky truck Company, LLC $8,400 $50,400 Radiology Regional $8,400 $42,000 GROWTH MANAGEMENT IMPACT: The programs outlined above are consistent with the Economic Element of the Growth Management Plan, specifically Objective 1.3 that states: "Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County's economic base." /..- STAFF RECOMMENDATION: That the Board of County Commissioners accept the Quarterly Report regarding the status, activities and economic impacts to the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program for the period of June 2, 2004 through September 1,2004. Additionally, staff recommends that the requirement for a quarterly report on each of the programs is revised to require an annual report for each of the programs. Prepared by: Amy Patterson, Impact Fee Manager, Financial Administration and Housing, CDES .- Item Number Item Summary Meeting Date Approved By Denton Baker Community Development & En'Jironmental Servìçes Agenda Item No. 16A7 Oclober 26. 2004 Page 5 oj 5 COLLIER COUNTY BOARD OF COUNTY C()MMISSIONERS 16A7 Recommendation to accept the Quarterly Re:port on the activities related to the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program and change the requirement for quarterly reports to Sf! annua¡ report for each program 10126/20049:00:00 AM Fin:mch.1 Admin & Housing Director Dat. fìl1anciljll Admil1. & Housing 1D/13'2004 5:51 PM Sandriô1 LI~a EXf!cutive S~w'etary Oatt~ Approved By Community Development & Environmental Services Community DevelopnJenf & Environmental Servkes Admin. 10f141Z00. 10:01 AM Constanc4I A. Johnson Dnte Approved By Cmnrnullity DevC'lQpnum1 & Environmental Sf!\f'Vices Operation.. Analyst Community OevftlOflfnent &. Envìrt)nnmutal Service!$ Admin. 10/1-4/200410:21 AM Dote Approved By Jo~eph K. Schmitt Community Development & Environmental Services Community Development &: EnvirDnmental Services Admitl$tra1or Community Development & Environmental Services Admin. 10/1-4/200'" 8:19 PM Approved By Anis;"mt COUldy Attorney Dllte Putridl G. Whitl~ CDunty Attomey County Attorney Office 10f1512004 2:16 PM Pat Lehnhilrd Adminis.tratlve Assistant Oat. Approved By County Munagm'so Ot1K:~! Ottic:!! ot M..nil!lll'"~nt & Budge!f 10115:20042:.(7 PM Mark Isadson BudglJ1. Analyst Date Approved By County Manager's Ol'fice Office of Management & Budgr.t 1D'18/200.4 9:Z. AM Mie:hótel 5myko'll!,ki M..n¡¡¡gtmwnf 8. Budget D¡rt!'l~t(r Oate~ Approved By County Manager's Office OfhcCl' of M~nag€!menl & Btldg:1!!t 10r1ð/200.11:21 AM Approved By JamefO V. Mudd Board ot CCIllllty Commissíone.. County Manager Date CeJunty Mmmge.r'!. Office 10/18/20043:20 PM ,- Agenda Item No. 16A8 October 26, 2004 Page 1 of 18 _. EXECUTIVE SUMMARY Petition Carny-2004-AR-6640, Reverend Joseph Spinelli, O.S.A., St. Elizabeth Seton Church, requesting a permit to sponsor a carnival on November 10, 11, 12, 13 and 14,2004, on the church property iocated at 2760 52nd Terrace SW, Golden Gate City. OBJECTIVE: Reverend Joseph Spinelli, O.S.A., of St. Elizabeth Seton Church, is requesting that the Board of County Commissioners approve a permit to sponsor a carnival on November 10, 11, 12, 13 and 14, 2004, on the Church property located at 2760 52nd Terrace SW in Golden Gate City. CONSIDERATIONS: Reverend Joseph Spinelli, O.S.A" of St. Elizabeth Seton Church, has made application to the Board of County Commissioners for a permit to sponsor their annual carnival and has presented sufficient evidence that all the criteria has been met for the issuance of a carnival permit. The required insurance amount of$I,OOO,OOO.OO has been purchased. FISCAL IMP ACT: The $275.00 permit application fee does cover the cost of processing and required inspections. The ~ applicant has the required Surety Bond for the clean up costs of the property. This event has been an annual event for some years and the applicant has no history of failing to meet this requirement The County holds no liability for this event. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the permit to allow St. Elizabeth Seton Church to sponsor their annual carnival. PREPARED BY: Cecilia K. Martin, Planning Tech Department of Zoning and Land Development Review .~ 1 ttem Number ttem Summlry Meeting Dat_ Agenda Item No. 16AB 00106el 26, 2004 Page 2 of 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16AB Petition CARNY-2004·AR~6640, Re\/e:r~nd Joseph Spinelli. Q,$.A, St. Elizabeth Setol' Church, Requesting Pern,¡t to Conduct a Camival from November 10.11. 12, 13 and 14. 2Q04. on the church property located at 2760 52nd Terrace SIN, Golden Gate City. 10!26/2004 9:0000 AM Cee-ilia Martin Planning T~ch 10/191200-4 4:1Q:39 PM Prepared By Community [).~'(!ll)pmetlt " Environmental Services Date Zanil\g & Luud O.wl!ll>pnumt Review Approved By Zoníng & Land De...elopment Díreoctor D~tl!! Susan Murray, AICP Community Developm!!'.nt & EnVJIUOll1enta! Servkes. Zoning & Land Development Rewíew 10/19/2'0044:37 PM Co"stanc.e A. Johnson Operations Analyst Date Approved By Communfty Deve.lopment & Enyironmentul Sp.rviccs Community Development &. Environmental S(!<rvjçes Adrnin. 10/19120044:042 PM Sandra Lea Date Approved By Community O~\I~~IDpnu!tlt & Environmental Services Executive Secretary Community Df!v~I()'lrrll!ll\t & Environmental Services. Admin, 10/19!;!OOo& 4:45 r'M Dllte Approved By Joseph K. Schmitt Community Dev<llopment & Ellvirontl1lmtul SE!I"jlm'ii Community Development & Environmental Servíce¡ Adminstrator Community Development & Envlnllllmmtal Sel'yj..;as AlhnÎn. t 0/19120045:004 PM Approved By Administrative Assistant Date Pat Lehnhard County Manager's Office OUice of ManagemMt & Budget 10120/20048:03 AM Marillaackson Budgl!1: Analyst o.te Approved By County Manager's Office Offìc;e of M;ln;lgement & Budget 10/20r2004 8:11 AM Michael Smyitow\ikj Management & Budget Oirl1'¡:1or DaliO Approyed By County Manager's. Office Office ot Management & Budget 101'201200.& 9:54 AM James V. Mudd County Manager Date Approved By BDard 01 County Commis,.ionent County Manager's Office 1 U/20i2Q04 1' :30 A.M , Agenda Item No. 16A8 October 26,2004 Page 3 of 18 St. Elizabeth Seton Church 2760 52nd Ten'. S. W.. Naples, FL 34116. (239) 455-3900 . Fax: (239) 455-6895 _._-----~- "-.-----. -- October 12, 2004 CARNY -04-AR-6640 St. Elizabeth Seton Commissioners of Collier Coœty Board of County Commissioners PO Box 413020 Naples, FL 34101 / Dear Commíssioners; St. Elizabeth Seton Parish will be conducting the annual Festival to raise funds for the operation of the Church and our Elementary School in Golden Gate. The Parish Festival will take place on November 10, 11, 12, 13 aI1d 141D. The hours will be Wednesday, Nov. 10 from 5:30 to 10:00 p.m.; Thursday, Nov. 11 from 5:30 to 10:00 p.m.; Friday, Nov. 12 from 5 :30 to 11:00 p.m.; Saturday, Nov. 1 3 from 1:00 to 11:00 p.m.; Sunday, Nov. 14 from 1:00 to 9:00 p.m. . The Golden Gate Fire Department, Collier County's AmbuJance service, and the Sherift's Department have all been informed as to the time and place of the Festival. The Waste Management of Collier County has been contacted and will be responsible for removing the trash from the grounds, and if this fails, the Church assumes the responsibility of removing the trash. There will be portable toilets in several locations. There will be parking facilities in the lot adjacent to the church, at Wmn Dixie Plaza, at K- Mart Plaza and also the Bank America parking lot. Enclosed please find a drawing designating the location of the booths, rides, and other facilities for the Festival. s~ Rev. Joseph Spinelli, O.S.A Pastor - ~ ADDRESSING CHECKLIST Agenda Item No, 16A8 October 26, 2004 Page 4 of 18 Please complete the following and submit to the Addressing Section for Review. Not all items will apolv to every oroiect. Items in bold type are required. 1. Legal description of subject property or properties (copy of lengthy description may be attached) -æ.8-1.iG -;:;¥o (',-£)Li\FN C--:>F\iE <2-\ \:'1 \.),,-\ l \' G:: BLoC..\::- 2.0~ lOT'S l-~ 2. Folio (Property ¡DJ number(s) of above (attach to, or associate with. legal description ifmore than one) ~..... :11 -:5: ?,)ln3\ lQ(oO 00 \ 3. Street !lddress or addresses (as applicable, if alre~ass~gn(.d) d-I?;CI Dn~ \r~Cr. SU} 4. Location map, showing exact location of project/site in relation to nearest public road right-of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATfED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (if applicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP _- 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) o PPL (plans & Plat Review) o PSP (Preliminary Subdivision Plat) o FP (Final Plat) o LLA (Lot Line Adjustment) o BL (Blasting Permit) o ROW (Right-of-Way Permit) o EXP (Excavation Permit) o VRSFP (Veg. Removal & Site Fill Permit) o TDR (fransfer of Development Rights) DSDP (Site Development Plan) DSDP A (SDP Amendment) o SDPI (SDP Insubstantial Change) o SIP (Site Improvement Plan) o SIPI (SIPI Insubstantial Change) o SNR (Street Name Change) o VegetationlExotic (Veg. Removal Permits) o Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Rezone, POO rezone, etc.) Ç3JOther - Describe: ~~-I\ \..\~, l 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) 11. Please Check One: ersonally Picked Up 12. Applicant Nam .' Phone 1~ ~- -3 <J () ò Fax 13. Signature on Addre s' g Chec ist oes not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number :~~27 t,Ô Address Number Address Number Address Number APProveQ~_uÆDate to -\;?- -0'1 .._-_.._._.._"._-----_.-~_.,..._,.._,._-"~-,,-..... NOTE: Please read reverse side before comDletina this Petition. Agenda Item No. 16A8 CARNY -04-AR~640 Ser!_~~~ton £èFlilYAL-Q£ERATION PETIT~ PETITION NO. DATE: PETITIONER'S NAME: st. Elizabeth Seton Catholic Church PETITIONER'S ADDRESS: 2760 52nd Terrace SW Golden Gate, rL 34116 TELEPHONE: 455-3900 r AX 455-689' PROPERTY OWNER'S NAME: ~t. Elizabeth Seton Catholic Church PROPERTY OWNER'S ADDRESS: 2760 52nd Terrace ~W Golden Gate. rL 34116 TELEPHONE: 455-3900 FAX 455-6895 LEGAL DESCRIPTION OF SUBJECT PROPERTY: Church & School GENERAL LOCATION: )325 28th .Q,....e:. :::;~J ~Î ~O .~.3 (l.Pl¿~ SuJ· CURRENT ZONING: C~WF~ S:...~OL- CURRENT USE: CJ:::IuKh propert}l. S:-.l~L NATURE OF PETITION: Festival November THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANATION, SEE REVERSE SIDE.) 3.a. 3.e.I) 3.e.4} 3.e.7) 3.b. 3.e.2) 3.e.S) 3.e.S} J.e. 3.e.3) 3.e.6) 3.e.9} 3.d. Comments: ~ DATE REVIEWED by Board of Count:," Commissioners: _..__~~~9Y~~; Disapproved: Conditions of Approval: SIGNATURE OF COUNTï MANAGER Agenda Item No. 16A8 October 26,2004 Page 6 of 18 SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS Name of event st Elizabeth Seton Festival d-Î~c5'ô~ Address of event ~7i9 Si1'rd:-Terrace SW, Naples, FL 34116 weekend 12 noon to 12 a.m Date(s)ofevent Nov 5-6-7-8-9 _ Hours of operation 6 to 10 p.m. Sponsor of event St Elizabeth Seton Parish Person in charge of food service Wesley Bates Phone 948-5677 Number of food and beverage booths 1 4 Estimated number of attenders expected at the event at one time? 5000 Number of toilets to be provided: Portable: Male ( 1 2 ) Permanent: Male ( ) Metl}od of toilet waste disposal: Waste Management/Sanitary Female (1-2:-) Female ( ) Dept Describe method of liquid kitchen waste disposal: City water and sewer with grease trap Describe containers and method of solid waste disposal (garbage): Garbaqe cans with Dlastic lin~T~ Number of solid waste disposal containers provided: 3-20yard dumpsters Describe facilities and method of handwashing: runnina water with ~ink .. Describe facilities and method of utensil washing, rinsing and sanitizing: Commercial dishwasher Source of potable water: city water "'-'-'--'- Agenda Item No. 16A8 . October 26, 2004 INDIVIDUAl. BOOTH NOTIFICATION FORM FOR TEMPORARY eV~NtS of 18 Name of event . St Elizabeth Seton Festival ., Name of booth: Person in charge of booth: Wesley Bates Types of food or beverage to be served: soda, coffee, hot chocolate = Hamburgers, hot dogs, Italian sausa e c k & cookies fish & chips, oriental, Bar-B-O, Onion. rizza. Steak ice crean, elephant ears ~ h Florida Administrative Code, Chapter 64E-11 requires all food to. come from- an approved source. An food storage, preparation and utensU cleaning for this event shan not be done in private homes. .~ Location of advanced food .preparation: approved food booths and health inspected on qrounds kitchen = =- How will food be transported to event location? n/a Method of keeping food hot and/or cold at event site: each booth contains rp-fri Ç1",r""rnr It czt-ntT<:> ~ - ~ Method of cooking food at the location: stove at each booth = Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: each booth is screened in mp-taJ Adequate facifities and supplies shan be provided for e;nployee handwashing; How will you provide this? ~~~h hnn~h h~~ A ~in~ Agenda Item No. 16A8 . October 26,2004 INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY eVEtff'â80f18 Name of event: St Elizabeth Seton Festival ..~ Name of booth: Taffy Wagon Person in charge of booth: John Tol:ve Types of food or beverage to be served:· . soda, popcorn, cotton candy. ·tåffy· "'h~'~,,"ñ "'ppl ""CO .. Florida Administrative Code. Chapter 64E·11 requires all food to. come from, an approved source. All food storage. preparation and utensil cleaning for this event shall not be done in private homes. location of advanced food .preparation: n/a How will food be transported to event location? n/a Method of keeping food hot and/or cold at event site: electric stove Method of cooking food at the location: stove Food must be protected from dust. insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: enclosed wagon Adequate facilities and supplies shall be provided for,e;T1ployee handwashing. How will you provide this? sink .,- . . ..... ,," ii...".. ,,'" " . .. ... OLD REPUBLIC SURETY COMPANY POBOX 4668 WINTER PARK, FL 32793-4668 Agenda Item No. 16A8 CONTINUATlO~~mR~TE ST. ELIZABETH SETON FESTIVAL 2760 52ND TERRACE S.W. NAPLES, FL 33999 BD COMM. COLLIER CTY 3301 E. TAMIAMI TR NAPLES, FL 33962 THIS BONO CONTINUES IN FORCE TO THE ABOVE EXPIRATION DATE CONDITIONED AND PROVIDED THAT THE LOSSES OR RECOVERIES ON rr AND ÞHY AND AlL ENDORSEMENTS SHAlL NEVER EXCEED THE PENALTY SET FORTH IN THE BOND AND WHETHER THE LOSSES OR RECOVERIES ARE WITHIN THE FIRST AND/OR SUBSEQUENT OR WITHIN ÞHY EXTENSION OR RENEWAL PERIOD. PRESENT. PAST OR FUTURE. AlL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. SIGNED AND DArgD THIS ELEVENTH DAYOF JULY. 2004 92-2352 COLLIER INSURANCE SERVICES,INC 6609 WILLOW PARK DRIVE NAPLES, FL 34109 OLD REPUBLIC~ETY COMPANY By Áu:.a:s~~~Ü(.Þ ''"''¡;¡¢';;¡¡'""''¡';'~'''\II...,m.;""",~";¡¡\..""""....,,,,,,,,,,"..,,",..-,, .. . . EII.....Ir1:~v1J..~1:IIIr....1ImM1N~ ~......_~WlaI..~.....CP,.. -- .. . . ~:y;~ 1GIØ1,"O 1..000,000 " 10 aoa 000 :&. ato '000 . . M2U2."O . ~ 1.1 ~N D4r:. Q..-tQJ.1!. ....VIlUft' ,.,.... · 100 000 · · · . . . . =VJ.-r ~Ji~~ . . =-= . . -~...:-.-... -.,...-........ . r~..t.~ ~ .- . . , . III -........../'-1_'- I r__ I u~..... I j .ffec:t:i". ~J."cIÏII 11/rHbÆ ~ AdcUU.aaal %n.uJ:llC! I SAINT m.IZAB8TB SlITOR' ClltJRCB thrc:lusrh 11/U.ð6 /. Diocese of Venice in FL '. __1If!II.___-=---..:=a.--....___...... _....... .. rlll__...._,.... ..,¡,g,.___ _.-...._...__.......~.,___10...... .....JIIt . ......-m....._....--...___ '. MOMI........ 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'.::~=::.~;¡.~~~;-~ ==~;~~:~;~~f¡~~::.;::_--"·; - ~/F'!CA~~~.~~, 01800001 . ~';::::~'==j';;=:!:::-f;~ ~.:.., : ··.'~~~~~...it~ ,:':: .":.;~;::';::.:- ~.:: - ;';·:-~;~~~..·.;-;.:-·.:.pe.11 This~,,;eniï.:~rcièc;.~~~~~~~~':' ~;;~~~.:. ....::,. -:.. .:-.;.... ¡:~.~_ ~.<.:\ ~~:.:::~~:~ ;:~- ..:"~'-f:;·~/J.-~~~· ~~~;t~~~a~~15~~~:.c..::.: ...-¿c;·~~Û::'t~~-i}~l;;,,~~i~·~~ .. ~ ... .. IIMII .. ~ IIMII .. .... .. ~ FESTIVAL BUIlDING } {\,¢ October 26,2004 Page 12 of 18 . - o II I1MCI . ~ ~ ~ . B> ~~@ ~ ..... ... Ii rJ¡, --.... =' o ~ (--1=-1. [B CARRIAGE HOUSE \ ... '.l~ \ ",1.17' CHURCH .j \I ~.,;Þ ~ ... ~ ~\ \) i SCHOOL' ...,: , ......... SERVICI! AGReeMENT ~WASTE8 ~~e~o. 16AB SICCocM-··tlt~ber 2~ 2004 Typeot.....Pan 1 ot 1 t$ W...........nm Collie, County 4500 Exc:narIge AVI NIl". FL 3410. (231) "'~2 (238) 84NSC4 ACCOUNT NAME ST BLtzA.8ETB SETON CHURCH SERVIce 2760 ,2ND T W ADDRESS CITY. ST ZIP NAPt.!S PL34i 16 COUNTY COLLt!Jt TElIII 23~J5J-3616 FAX' 239 S CONTACT RALPH BAL.ZARANO WM AGREEMENT NO. CUST~AOCOUNT REASON CCDE NIW eFFECTIVe DATE 11W3m BILLING NAME BILLING ADORES CITY, ST COUNTY COLLIER. TEL fI 239353-3616 FAX # 2394SS-619S CONTACT RALPH BALZARANO --- . - u. _ ~ - ........ -...... t 200 III T W " ~ · u $ 8&.281155.33 ~ It Ie .. T " II I' · U · ...... I.iII '" T W " F · u · u:- N T W " I S u , ~ ,... · ,... .... LIt 0 0 II T .. " I · U · 0 - .- M T .. " , · U S ~ II T .. H , · U , ~ ~ II T .. M , S u $ .... g ~ EQUPMENT~ER~ESPEaACA~ONS I Sl'ECW.1NII1RUc:TION8 ~ WM AØIœEIENT NO. J)EUVEP. I 20YD tælï ALONG fENCE NEAR WOOD SHED ANY OUEmONS SEE H. ......OwÞIIII- ................ ..a ~......................... . &!III ..... 0IIrM _La .........._..........__ . p..\I"aøIII__..................__.......... I ......1.. .. u.......... ......... . MIuIftt ,...I.IM _....._.. _____..... __... '."'1 o-a.....1III........_...........__.. ,....,.,. IIIIIMII,.. '-'u....... .._. u_ _...... . 1IIIIIilWI.IM ...._..._............. ~o..e ..._........__......... n. .,..... INDMDUA&. ....... 1MI ACMØIIIIfT ON ....... ....... CIWp ..__... .....____.. .... . GP MTOIIIIt IICtCNOWLIDGØ '!HAT tEIIHI MAl IIUD MO ........c:.w,.__......._............ . ......'MOI1HI1ERMI ANDCONDfTICINI OF nn...UIENT. ON T.CIIrþ..........._.............. . 1ttI! M\IUIE 8IDI!, AND 1HAT H.... MAl .,... AI.I1HORr1'Y TO 8IØN CIIIf ......,.. ............ ...... .._... . ·~5,.ftC.~~ f~~kl~~;:·:~:~:~·5f~¡f:~7· ~ TiRa.tS: NET 10 DAYS CUSTO~ CONTfUCTOR lÞd~~ cfJ(&~ ..r~'7 ~ --,tJ-3-(),/ -==_ '::11'" NAME (PRINT Oft TYPE) /!VT II JI1 AI{ F O/llGF¿? 14 ." NAME (~NT Oft TYPe) Nac!Ja Redwan SCHIDULE OF CHMOEI RECEIPT REQUIRED? TAXA8LE N lYhO N ("fJN) BILL TO ACCT ,. DISPOSAL 8m! ß,btríff "~, ., " ~,,;:;r'~',~.J,r-.~.___ . \"'."¿_'c,~'¿e -.-,~~.~I ,;\-::' ,~ ~;i:,·" ._':....~~ Agenda Item No. 16A8 October 26.2004 Page 14 of 18 SHERIFF DON HUNTER · COLLIER COUNTY 3301 TunllmlTraI EM!. BIdg .J. NIpIM. FL3o&112 (238) 7744434 _,ooIlel'lherlfl.OIg October 6, 2004 In regards to: St. Elizabeth Seton annual Festival Rev. Joseph Spinelli 2760 52nd Terrace SW Naples, Florida 34116 Dear Rev. Joseph Spinelli, We have received and reviewed your request for security at the St. Elizabeth Seton Festival, operating from November 10th through November 14~ 2004. The plans are hereby approved by the Collier County Sheriff's Office and adequate security will be provided. - Questions or concerns should be direqted to me of Lt. Guerrette, as representatives of Sheriff Don Hunter. cc: file ,-_. "The duty of the Collier County Sheriff's Office Is to preserve and protect 1I the lives. property and constitutional guarantees of all persons.- '\,J-'1-~·";1~¡"O",",''''''i~1 """V,..,,... N..V.........r...'''' ~... ~~/~6/2a~4 11:31 ~394556376 ....--..........---.... IãLDEN G\TE FIRE FPS PAGE 82 Agenda Item No. 16A8 October 26. 2004 Page 15 of 18 GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY· NAPLES. FLORIDA 341fN901 (239) 348-75<40 · FAX (239) 348-7646 ~ 05, 2004 Itev.loøeph SpinclH, O.5.A. Pastor St. EJj7A~ Setoo Church 2760 52- Terrace S.W. Naples. FL 34 I16 Subjcçt Am:maI Festival Deer Pater Spinelli; I W01dd 1ib to tbIDk you for giving the Golden Gate Fin: District ample DOtific.lCion of the upcomiDg festival ~ in the pest tbis Dep8rtmeat looks forward to worki:øg with you aDd your 11aff1o help iøsure a safe place for all. "When CIOII.eøimt I would Jib to meet: with you or your fi.¡"~WIS about ~ code aodacass ~ 11ús way we em addn:ss any ûsœs befuro they ~ problems. . If you ha,'C lI1J.y questiolU plCUQ feel free to contlct me lit (239) 348-7540 Sincerely, UJ! ..r/~ Willilm T. Silvester FiR Marshal Agenda Item No. 16A8 _A: October26,2004 () Page 16 of 18 '- santa Barbara Canal ^ p ~ .) \: ~ \J V r' & c I' ~ ,/"- / --- ....... fIQIG i .......-... i ~ I 05 ai; lift HJI I I i I ~Ij~ ; II I I I !I~ I \~ ¡t. II q~ III ~I !' III .~ r ,0 . I In t . !: i I I P !§! ~,~ ~1i .. ST. ELIZABETH SETON CHURCH 01 CONDITIONAL USE PLAN SPECTRLJIV1 --- No_ j Permit No. Agenda Item No. 16A8 October 26,2004 Page 17 of 18 PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Reverend Joseph Spinelli, O.S.A., St. Elizabeth Catholic Church, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival; and WHEREAS, Reverend Joseph Spinelli, O.SA, St. Elizabeth Catholic Church, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival will be conducted according to lawful requirements and conditions; and NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED to Reverend Joseph Spinelli, O.S.A., St. Elizabeth Seton Catholic Church, to conduct a carnival from November 10, 11, 12, 13 and 14,2004, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") WI1NESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this _ day of ,2004. ATrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS: COLLIER COUNTY, FLORIDA: DONNAF~LA,CHA~ Approved as to Form and Legal Sufficiency: Marjorie M. Student Property Information Report CDPR1002 - Property Information Report Agenda Item No. 16A8 October 26,2004 Page 18 of 18 FOLIO NBR 0000036317960001 PARENT PARCEL 0000000000000000 PHYSICAL STREET LOCATION 5325 28TH AVE SW. GOLDEN GATE CITY BLOCK BLDG LOT UNIT RANGE TWP SECT STRAP 205 1 26 49 28 069800 205 14B2 USE CODE 71 CLASS CODE o MILL AREA 20 TOTAL 3.72 ACSC o HDR REF FLAG SHORT LEGAL GOLDEN GATE UNIT 6 BLK 205 LOTS 1-22 OR 1112 PG 1617 XTRA LGL CNT o OWNER NAME NEVINS, JOHN J OWNER ADDRESS PO BOX 2006 VENICE, FL 342842006 PREVIOUS OWNER FULL LEGAL DESCRIPTION GOLDEN GATE UNIT 6 BLK 205 LOTS 1-22 OR 1112 PG 1617 Collier County CD-Plus for Windows 95/98/NT Printed on 10/19/2004 2:11:06PM Page 1 of 1 ~~-- - Exhibit "A" ,"'-. Agenda Item No. 1681 October 26,2004 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to approve the acquisition of right-of-way required for the construction of six-lane improvements to Collier Boulevard between Davis Boulevard and U.S. 41 - Project No. 60001 - (FISCAL IMP ACT: $885,800.00). OBJECTIVE: To obtain the right-of-way required from Wal-Mart Stores East, L.P. for the . construction of six-lane improvements at Collier Boulevard between Davis Boulevard and U.S. 41. CONSIDERATIONS: On June 25, 2002 the Board of County Commissioners adopted a resolution directing, inter alia, that new development, wherever feasible, reserve sufficient additional right-of-way to form 200 feet of right-of-way along the entire length of Collier Boulevard from U.S. 41 to Immokalee Road (Resolution No. 2002-311). ,,--. Wal-Mart Stores East, L.P. is proceeding with construction of a new superstore in Collier Boulevard, near the intersection of Collier Boulevard and Davis Boulevard, consistent with the Westport Commerce Center PUD document (Ordinance No. 94-56). Wal-Mart Stores East, L.P, was required to reserve additional right-of-way (1.973 acres) along the development's frontage so as to form 200 feet of right-of-way together with the existing right-of-way. Wal-Mart Stores East, L.P. has paid all impact fees in advance of construction and a Developer Contribution Agreement for the issue of road impact fee credits is therefore not required, Wal-Mart Stores East, L.P, instructed an appraiser to value the right-of-way. Simultaneously, Collier County also instructed an appraiser, Both appraisers are listed on Collier County's approved list. The purchase price of $881, I 00,00 is the average of the two appraisals, and represents the settlement negotiated between the property owner's attorney and the Office of the County Attorney, FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of$885,800 from the Transportation Supported Gas Tax Reserve Fund and appropriate within the project. This will cover the purchase price of the right-of-way $881,100, as well as title insurance and recording fees. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the construction of six-lane improvements on Collier Boulevard, this purchase is consistent with the Collier County Growth Management Plan. RECOMMENDA TIONS: That the Board of County Commissioners of Collier County, Florida: 1. Approve and authorize its Chairman to execute on behalf of the Board the attached Purchase Agreement. --- Agenda Item No. 1681 October 26, 2004 Page~~of 10 ..".'-.' 2. Authorize staff to close the real estate transaction, and to record the conveyance instrument and any and all curative instruments in the public records of Collier County, Florida; 3. Accept the right-of-way conveyance instrument as provided under the Purchase Agreement; and 4. Authorize any and all budget amendments which may be required to carry out the will of the Board. PREPARED BY: Robert Bosch, Property Acquisition Specialist, TECM- Right-of-Way Acquisition, ,""'''~' ,.....- Item Number Item Summary MeetinG Cete Agenda Item No. 16B1 October 26. 2004 Pag..' 3 of 10 COLLIER COmiTY BOARD OF COUNTY COMMISSIONERS 1681 ReCDmmendatiDn to apprQve the acquisition of rigt1t-of~W8Y required for the GonstruGtion of si)(~lane Improvement'.. 10 Collier Bl,)ul~vÐrd b~tween Davis Boulevnrd and U.S." 1 . Pruject No. 60001 ~ (fisr:a,J tmpød: $88S,800) , 0.'26120049:00:00 AM Prepared By !/2&12004 11:38:14 AM KaY'" Hendrh:h$ Trans.port!!)n S4HVictlli Oat. Right or Way A~IJ¡si1ìp" M..M¡¡getr T,.n\Sportatloll Englneerinq and Construction Kr.vin Huod,jr;k5 Oatu Approved By Tra"lipottion SP.rJìCM Righi Of WilY A-cqlÞ!$ltton ManaHut Transportation Engineering and Construction ØJ;m/2004 12:5.4 PM Approved By Tad PluG: Tra1uporUon Serviceli Oat. Projl!'ct Manager Tran~port31ion Engineoring and Con$trurnlol"l 6/2û/20Q41:11 PM As;slshmt Cot/nty A1tQrn:r.y Outr. Approved By JdfKI;rt:lkI)W County Attorney County Attorney Office 0/26/200'" 1 :Jij PM Eugene Ca!vert O:lI1e Approved By T,anGportatiom¡ Sft!t\lices Principõl! Project Manager Transportation Engineering and Construction Mønagement 8/26/20(14 4:52 PM Sharon Ne-wFn1!ln Accounting Supervi¡¡or Da.. Approved By lr¡lttliPQrHon Servi-clt1i Tr¡)l1sportatlan Administration 6/27/20044:24 PM LhS:iI TilVlof ~Jlnag~",flnt/ßlIdgft Analysl 0.... Approved By Tran:.portion Service!. Tran,pl:Þrtatkm Adn\il1iøtration Y1Ur¿OO4 4;1& PM Norm E. Feder, AICP Trant.-porh,tiol\ Dìvi_t.iot1 Administ,ator Dat". Approved By Tt.anJiportion SC!IV¡C~ ",anspol'tll.tion Servicp.:ti Admin. 9/17/200411:1$ AM Ohlne Perryma" Executive Sr.-cretary D.te Approved By TrPinsportion .s~rv¡çe8 Transportation SerViC4l'5 Admin. 1Q/1/20U" 11:09 AM Donald L. Scott Tratløporta1ion Planning OiredOf' Oate Approved By Tr311sportion Setvicn Tranl.porhtion Planníng 10113/20U04 1:&<1 PM Pat LehnhaJd Administrative Auistant D3Ite Approved By COllnty Mnnagru's Officc OfficI! of Munagernen1 & Budgrrt 10n4/2D04 12:12 PM Senior Manag~m~"tJßudget Analysj D.tltt Approved By Suuan Ushcr county Manager's Offj~ Office of Management &, Budget 10114/20041:00 PM Michael SmYkowøkl Management & Budget Director Date Approved By CO\lnty Malldger's Ol'fice Offi(;e of MØluugerntlnt & Budgel 10/14/200",2:01 PM Approved By .Jumes V. Mudd Board 01 County CalTlmls$lioners County Manager Oute County Manage,'. Office 10'15120042;37 PM · .. ~ - ~ ". Agenda Item No. 81 October 26, 04 Page 4 10 PROJECT: Collier Blvd, (C.R, 951) FOLIO No: 00399600205 PUACHASEAGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the 'Agreement") is made and entered Into this _ day of . 2004, by and between WAL...,.ART STORES EAST, LP., a Delaware limited partnership, whose address Is 702 S.w. 8TH Street, Bentonville, Arkansas, 72716-0555 (hereinafter referred to as "Owner") and COWER COUNTY, a political subdMsion of the State of Florida, its successors and assigns (hereinafter referred to as 'Purchaser"); WHEREAS, Purchaser requires a fee estate In that land described in Exhibit 'A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement and an authorized representative of Purchaser has infonned Owner In writing that Purchaser has decided to acquire 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 in settlement of Owner's compensation claims against Purchaser to acquire the property; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, It Is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser by Special Warranty Deed for the sum of Eight Hundred end Elghty-C)ne Thouaand, One Hundred DoIlers ($881,100.00) payable by County Warrant (said transaction hereinafter referred to as the "Closing'). Said payment shall be full compensation for the Property conveyed, Including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 2, Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such Instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, FIork:Ia. Owner shall provide such instruments, properiy executed, to Purchaser on or båfore· the date of Closing. 3, Both OWner and Purchaser agree that time is of the essence In regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the tenn of this Agreement pending receipt of such instruments, proper1y executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the · '- , . Agenda Item No. 81 October 26, 04 Page 5 10 Page 2 County Warrant to OWner and Owner shall deliver the conveyance instrument to Purchaser In the form attached hereto as Exhibit "S", 4. Conveyance of the Property by Owner is contingent upon no other provisions. conditions, or premises other than those so stated herein; and the written Agreement, including all exhibits attached hereto, shan 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. 5. OWner is aware and understands that the ·offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida, Purchaser agrees to present the ·offer" to purchase to the Board of County Commissioners of Collier County, Florida for approval at the next available regularly scheduled County Commission meeting that Is at least one month after the date upon which the Purchaser receives this Agreement, duly executed by Owner. 6. Owner represents that the uses of the Property by Owner have been and presently are In comp/lance with all Federal, State and Local environmental laws; that no hazardous substances have been generated. stored, treated or transferred on the Property by Owner except as specifically disclosed to the Purchaser; that the OWner has not received notice and otherwise has no actual knowledge without further Investigation 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 during Owner's ownership of the property. 7. OWner shall Indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities. laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6, 8. Purchaser shall pay for all recording fees for the Special Warranty Deed, and for any and all costs and/or fees associated with securing and recording any Partial Release(s) of any mortgagees) recorded against the property, and for the fees to record any curative Instruments required to clear title, except for any and all costs and expenses required to secure and record releases and/or satisfactions from judgment creditors, which fees, costs and/or expenses shall be the responsibility of the Owner. In accordance with Statutory exemptions prohibiting payment of documentary stamp taxes by Purchaser, OWner shall pay all documentary stamp taxes required on the Instrument(s) of transfer, 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement Is executed by both parties and shall Inure· to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10. If the Owner holds the Property In the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial Interest in the Property before the Property held in such capacity is conveyed to Purchaser, Its successors and assigns. (If the corporation Is registered with the · ..- ... - ---..-- -.----.-.------.,.-....----.. Page 3 Agenda Item No. B1 October 26, 04 Page 6 10 ~ ... ~.._, .. . Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it Is hereby exempt from the provisions of Chapter 286,. Florida Statutes.) 11. This Agreement Is govemed 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, AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clett BOARD OF COUNTY COMMISSIONERS COLUER COUNTY, FLORIDA , Deputy Clerk BY: Donna Fiala, Chainnan AS TO OWNER: DATED: WAL-MART STORES EAST, LP., a Delaware limited partnership By: WSE Management, LLC" a Delaware limited liability company \..ÌhJì e" ~fCtA- Witness (Signature) .&;roh t. lclò.( Name (Print or Type) .IÞu~~ WItne8a (Sîgnature) tJ1v~;/,.ft.. ~k.... Name (Print orTWIe) (~- kJlY\ I M€ (Print Fun Name) ~t. ViCl.-ft~id(ffi+ (Print CorporaIe TIlle, e.g., Pres. I VIce Pres.) Approved as to legal terms Only by WAL-MARTLEGALDEPT. Date: -..._....~_._-_.. -"- ----------_...__.._~.._-_._---.._. --. .....---- '----."_.._~_..,,.._._..__._-------_.__..._---_._~.. ·---.---..-------..---..--.---.-- ___._.ø_~,_'__~"·_______··_·__""_·_·__"·'_·_·__"_____.....-..-- -.... - -. . -~ .. .' ~Ii III lit ilJ ~I 1 111 ~ t~lIhf I I ! S ¡ ~ I i ! J~ .. b I ~ w Iii ~ i II i ~ !i !: ~~ b í !II § i i ~I ; & i~i i I ¡ ! ! 5:~ ¡; II I ~ II! i ¡ II ; : 61bf i i ;8 ~ I b~:c ~ ~ I Ii ii lä'¡ ! i li= ¡¡ k ¡i'!! ; Iii to fJI Im~ I~ e dt I i ~8! ~d; I :; Ii i ¡II d!. I!"¡IZ ï b- š 51 ~ I Ii iii W .., ice c c \!Ii *11 II ~ ~ ~ ¡Ii. ~I!~ ~ b i~ : :': ¡Iii I ~I b if' 8 i ¡: i III; !~I! I ., II ! !I! ¡~;¡ ;!~I! I! h I 58! ¡b! .,I)!!~ i wi !I í its; <bl'J, 5 <1j ~ I'J" i !!111ft ~!!I is I~ :! I! ¡~ Ii II;i ~IIII. t Is II! b 1< ~<,;I t <I fllll!i Ii Ii I; I~I~ :dll! i~ liÎ i! f! I! 1;11 .0.__ 'fICIIØW WIaO....... ..._..............-x ..~ .....IIIIMI ca.... ....1II".."...",..IIMt"MIt ~ ; ì d Ii I' iil If. 11 !d ~¡ 51§ .I~ m ! d if;¡ J it! lä~ ~ I lEi 5~!!I I I'J.I i"~ i I JI! 15~ I'J ; I!II¡¡: i .111 ;11 ~ ~1'l 10;' ~ JOðutUI1!nI") 'H4 or's£:t11oOOl191/. 'IIOH 'IIMI'~NOS1fiI(Ni1I\CiS)~\:S ~--_.._~--------- --_.-~.__..__._.._-~~----..__..-.._._----_._----- Agenia Item No. B 1 EXHIBIT ffctober 26, 04 .2. --.2age 8 10 ~i. JI!I ¡I' .h j .'1 11111 ~ IIIU! I I . . .. k .. .. .. ... '" ... .. .. .. '" . .. .. .. .. .. .. ~ ~.. b::= :-' ,Q; .... .... .. ...... ....... ~,.. WMnI__.-nao ........ 'HIIIDe..-..or...~ ......... CI.... -""CII\IIIIID'W""'""""" -.-.aolO~ 4-' .. .........~..- .-- -!..!...!!-". ¡¡ ... ..&~J.~ . :" ~~~';':!~~~:~f'}"::::"I' · ~ .JO NOIlJ/Od V I II : ; II II :~,~ JJ . I ~~.:: ,I II I ;;.;=~ ¡. ", I ......' I : ::~ 1/.; <II( It~. 0... .... '" .. ... .. '" .. .: y-' I ..---Þ ,," I II L ..", ; III .... '" ·1 .. . ..... Ù .k "0 .... L. !, .... .. .. $1 .... 0... !I ..... .. .. Udnlhl I .1 jf 8i1..I.II...!tal 'I 7 ; a~ é &J ..... r ~i t,! . .. t~l. J. t 1 d J. ø II -I' s,."" .~r- MOO' JW,,, JlðD"It'lH Iitl03~ J8ðu¡¡¡q¡-¡JII) 'Ne! LS:K:lt ÞO([l8tl8 '¡apow '&IoT¡¡,ugIHXiI\.I3MI~Ni1I\(¡s~:s œJ.. I & " .. I I J .11 _II . 1 hi HI III - .. . . Agenda Item No. B 1 October 26, 04 Page 9 10 PROJECT: Collier Blvd, (C.R. 951) FOLIO: 00399600205 EXHIBIT ß Page of 2. SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED executed this _ day of , 2004, by WAL-MART STORES EAST, LP., a Delaware limited partnership, whose mailing address is 702 SW. 8TH Street, Bentonvllle, Arkansas 72716-0555 (hereinafter called the Grantor), to COLUER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post-offica address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter called the Grantee): (Wherever used herein the terms Grantor and Grantee Include all the parties to this instrument and their respective heirs, legal rapresentatlves, 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 and real estate taxes and assessments for the year 2004 and subsequent years. This Is NOT the Homestead property of the Grantor. TO HAVE AND TO HOLD the same In fee simple forever, together with ail the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, 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 warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under Grantee, but against none other; and that said land is free of all encumbrances except as noted above, IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above wrttten. (8Igna1unI) WAL-MART STORES EAST, LP" a Delaware limited partnership By: WSE Management, LLC., a Delaware limited liability company By; (Signature) WITNESSES: (Print Full Name) (print N Name) (SIgnaWta) (Prtnt Corporate".Ie. a.g., Pt'fI8./VIœ Pres.) (PrInt Full Name) ...______....n._........___.____.__n....____....___._.._.____.n___.__.._.._._..._____. ".._. Agenda Item No. 81 October 26, 04 EXHIBIT 8 Page 10 10 Pa~2of2 STATE OF COUNTY OF The foregoing Warranty Deed was acknowledged before me this _ day of , 2004, by (print Fufl NIII1Ið IIId CoIporate 1l1le), of WSE Management, LLC" a Delaware limited liability company, as general partner, on behalf of Wal-Mart Stores East, LP" a Delaware limited partnership, who: Is personally known to me OR produced as proof of Identity. (aIIIx notarIal.eaI) (Signature d NoIaty Public) (Print Name of Notary PubliC) Serial! Commission # (If any): My Commission Expires: Agenda Item No. 1682 October 26, 2004 Page 1 of 8 ,-' EXECUTIVE SUMMARY Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of fee simple interests in the proposed right-of-way and/or stormwater retention and treatment pond sites, as well as perpetual, non-exclusive road right- of-way, drainage and utility easements, perpetual, non-exclusive slope easements, and temporary driveway restoration easements, and temporary construction easements, which will be required for the construction of roadway, drainage and utility improvements to Logan Boulevard from Vanderbilt Beach Road to Immokalee Road. (Project No. 60166). Estimated fiscal impact: $5,760,000.00. OBJECTIVE: To adopt a Resolution authorizing the acquisition by gift or purchase of a fee simple interest in the proposed right-of-way and/or stormwater retention and treatment pond sites as well as other easement interests which may be necessary for the construction of Logan Boulevard from Vanderbilt Beach Road to Immokalee Road (Project No. 60166). CONSIDERATIONS: The extension of Logan Boulevard (via construction of two lanes within a /- four-lane footprint for future expansion) between Vanderbilt Beach Road and Immokalee Road will require the acquisition of additional right-of-way. The extension of Logan Boulevard will also require the acquisition of land for the construction of stormwater retention and treatment ponds. The Board of County Commissioners has been advised through MPO meetings, and other public meetings concerning the Five Year Transportation Work Program and the Capital Improvement Element of the County's Comprehensive Plan, of the typical roadway sections considered by its professional engineering staff and consultants, of the environmental impacts, of the public health, safety and welfare considerations, and of the long-range planning implications posed by the project. Public Information Meetings were held on January 15, 2004 and April 22, 2004 to inform the public of project details and to receive feedback from the public regarding the project. The firm of Hole Montes, Inc., has submitted 90% design plans. This is a milestone level of completion at which point it can be determined the extent of the right-of-way and other interests in real property that will be required to construct the project. Right-of-Way Maps and legal descriptions of the right-ot-way and easement parcels along the project corridor have been prepared. The Board of County Commissioners approved the Standard Form Collier County Contribution Agreement for Road Impact Fee Credits, No. 2002-009-TR-GL Homes on December 17, 2002. G.L.-Hardy, Ltd., as the developer, will receive impact fee credits for the construction of the extension of Logan Boulevard as a two-lane roadway between Vanderbilt Beach Road and Immokalee Road. In accordance with the design and construction schedules, County staff has determined that it is necessary to acquire the right-ot-way for construction to begin on this project at the earliest opportunity, and the Board is hereby advised that additional right-ot-way and stormwater retention and treatment pond sites must be acquired within the project limits as ,,,,-- Agenda Item No. 1682 October 26,2004 Page 2 of 8 ,- indicated on the Logan Boulevard Corridor Map, which is attached to the Gift and Purchase Resolution. Adoption of the attached Resolution will provide the Board's authorization and directive to staff to secure title work, obtain independent real estate appraisals, make written purchase offers for the real property interests required to construct the project, and to negotiate and close on the purchase of the afore-mentioned right-of-way and easement parcels. The attached Gift and Purchase Resolution delegates certain levels of authority to the Chairman and to staff, eliminating the need to return to the full Board for the approval of routine matters. A separate resolution, authorizing condemnation of the required right-of-way, is being presented to the Board simultaneous herewith, in anticipation that the County may need to rely upon its power of eminent domain on route to construction. FISCAL IMPACT: The total right-of-way cost is estimated to be $5,760,000,00. This estimate includes the value of all land and easements required for construction of the proposed improvements, as well as all appraisals and other expert witness fees, and all of the costs including attorney fees, should condemnation be required to obtain the necessary right-of-way. Should staff be able to secure a settlement in lieu of condemnation, several hundreds of thousands of dollars might be saved. Funds that will be available in the FY 05 budget are $5,250,000. A budget amendment will be required if the total cost of the right-of-way exceeds this amount. Funds are available in Gas Taxes and Road Impact Fees. Source of funds are gas tax and road impact fees. .,- GROWTH MANAGEMENT IMPACT: The extension of Logan Boulevard from Vanderbilt Beach Road to Immokalee Road (Project No. 60166) is an integral part of Collier County's Growth Management Plan. RECOMMENDATION: That t he Board of County Commissioners of Collier County: 1. Adopt the attached Resolution; 2. Authorize its Chairman to execute same on behalf of the Board; and 3. Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the. attached Resolution and the approval of this Executive Summary. 4. Approve any necessary budget amendments. PREPARED BY: Lorraine Lantz, Right-Of-Way Coordinator, TECM - Right-Of-Way Acquisition .- Item Number Item Summary Meeting Date AgenrJa Item No. 1682 Oclober 26. 2004 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1682 This itp.fTI wa&. continued from the Sp.ptember 28, 2004 Meeting to the October 26, 2004 M1!!etirlY, Ri!!:com!TII!!!1¡jahon It, adopt fl ftl$Dlutlun authorizing the a¡;:q~¡¡sitiön by gIlt 01 pun:t1<l~e of fee !òilTlpl~ intl!"re~~; in th~ pro¡HH;Ni ~iohr-of..v¡RY andh,!" stormw1Iter rd8"tion ~uld treatment pond ¡¡;ilP-a, as. we!! as perp~tual, non-e)(clusÍ\:e road right-of-way, dra¡nane and utility p.aFlementa, perpehJIlI, nQn-exclusive folope tHi~ements.. and temponu)' driveway re~.tl)ration easeme!nts. "nd tetnp¡)nu¥ l:on~lnJl:tion t!aSl!tnel,t<;;, whìdl wili be retluired for the Gonlõtr\Jï.tion of roadYtay, drainR;!}e and utility 'mprovemenn. t() Logan Boujl!vard from Vanderbilt Bp.ach R.{1adto Immokaiee R(lad. {project N..... 60166). EstimAted fi,¡r:al impact $5.760.000.00 10/26i2004 9:00:00 Ä.M Prepared By Right Of Way Coordin.1tor 101412004 3:35:03 PM Lorraine Lanlt Tr.ln1.porUon Stlrvicfts¡ D3te Tf-.CM·ROW Kt:vln Hnndricka DiJt(! Approved By 1 ran!òportion Servict'$ Righi ot W;,.y Ä<::QlJist11on Manager Tran9PQrto1ìon E.ngin~I!'tIng and CO'~!I;1ru<:.hl.)n 10í5¡200412:22 PM Sharon Newn\lU't Accounting SIJpervis)r D31e Approved By Transportìcm Se-rviC1!:5 TrAne.pnrtation Administration 10/12/20042;·44 PM Heidi F. AIii1ton Anililt","' County Ahornllly Date Approved By CtHJr\ty Att()m~y County Attorney Office 10/13.'200.01 g:06 AM Lisa Taylel M;lP\agenJent/8udgttt Atl.ulyst Oate Approved By Tra"aportíon Services: Trilnsportl1tío~ AdministrAtion 10/13/20042;31 PM Eugene Calvert Date Approved B)' TI.nõ>porbHoo¡¡ SClvicl!!$ Princ.ipR! Proj~ct Manag¡rr Tr:ml>poftõltlon f.l\gin~r.r¡ng and Con.!rtrut::1Îon Man¡¡gem~nt 10/14f2(1(M 10:1.1 AM Diane Penymun Executivf\ Secrr.1ar)' Dllt~ Approved By Transportion Services Tran'liport.rtion Sr.rvif::e5 Admin. 101141200.$ 11:50 AM Norm E. Feder, AICP Transportation Divi¡;¡ot1 Administrator D.", Approved By 1tan.!l.poltion ServIces T lan$þortation Se-rviceii AdmIn. 10/14r20041:16 PM Put Lehnhard Adrwnis1,atìve Assistant Date Approved By County Mor.ager's Office OffiCr. of Mnnfolgl!'rnent lI. Budget 10/15/:?Ul14 2:39 PM Susan \h,nor Senior ManngemillnlJßlIdget Anft!'~t D8te Approved By Cuunty Malluge:r's Offic:e Qffic:e of Management & 9uQge1 10/15120042:59 PM Mlc:høel Srnykowsld Management I. Budgel Direc:tor "ate Approved By Cmmty Manager's Offk;~ Office of M;anagement & Budget 10113/211D4 10:12 AM Jame'S V. Mudd County Manager Date! Approved By Board of County CDmmiss;iOfu:r5 County Munagel'" Office 10/115'200",12:25 PM Agenda Item No. 82 October 26, 04 Page f 8 RESOLUTION NO. 2004- A RESOWTION AUTHORIZING THE ACQUISmON BY GIFT OR PURCHASE OF FEE SIMPLE INTERESTS IN THE PROPOSED RIGHT-OF-WAY AND/OR STORMW ATER RETENTION AND TREATMENT POND SITES, AS WELL AS PERPETUAL, NON-EXCWSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENTS, PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENTS, AND TEMPORARY DRIVEWAY RESTORATION EASEMENfS, AND TEMPORARY CONSTRUCTION EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO LOGAN BOULEVARD FROM VANDERBILT BEACH ROAD TO IMMOKALEE ROAD. (pROJECT NO. 60166). WHEREAS, the Board of County Commissioners (Board) and G.L.-Hardy, Ltd., on December 17, 2002, entered into standard form Collier County Contribution Agreement for Road Impact Fee Credits No. 2oo2-009-TR· GL Homes, therein establishing that GL-Hardy, Ltd. by and through GL Homes of Naples II Corporation, shall design and construct the northward extension of Logan Boulevard ftom Vanderbilt Beach Road to Immokalee Road in exchange for road impact fee credits; and WHEREAS, the design and construction of the northward extension of Logan Boulevard from Vanderbilt Beach Road to Inunokalee Road (Project No. 60166) has been determined by the Board to be necessary and in the best interest of Collier County; and WHEREAS, the construction of the transportation improvements and related fadlities currently being designed by Hole Montes, Inc., along the project corridor, as depicted on Exhibit "A," are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concWTency requirements of the Growth Management Plan for Collier County. WHEREAS. it has been recommended by County Staff that it is necessary and in the best interest of Collier County, Florida, to maintain flexibility over the acquisition of property rights required for the construction of the Logan Boulevard Extension between Vanderbilt Beach Road and Immokalec RDad (hereinafter refelTed to as the ''Project''). NOW, 1HEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Agenda Item No. 82 October 26, 04 Page f 8 1. The Board has determined that the extension of Logan Boulevard between Vanderbilt Beach Road and Inunokalee Road is necessary and is in the best interest of Collier County. 2. The construction and maintenance of the transportation improvements and related facilities are compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. 3. It is necessary and in the best interest of Collier County for the Board to acquire a fee simple interest in the proposed right-of-way and/or stormwater retention and treatment pond sites, as well as perpetual. non-exclusive road right-of-way, drainage and utility easements, and temporary construction easements, and temporary driveway restoration easements within the project corridor identified on Exhibit "A;" and County Staff is hereby authorized and directed to acquire said right-of-way and associated easement interests by gift or purchase. 4. The Board hereby directs staff to use independent appraisal reports or internal compensation . estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost- effective manner. 5, The Board, in accordance with the provisions of Section 125.355, Florida Statutes, hereby formally waives the requirement for a fonnal, independent appraisal report for the purchase of a property where the purchase price of the parcel (the compensation due to the property owner) is less than One Hundred Thousand and 00/100 Dollars ($100,000.00), In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and the data therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent to the subject parcels, 6. Upon the approval by the COlmty Attorney's Office of all documents necessary for the subject property acquisition, Transportation Division staifis hereby directed to offer immediate delivery to tbe respective property owners of compensation (as established by the appraisal or staff compensation estimates in accordance with the provisions of Section 125.355, Florida Statutes), in return for the immediate and proper execution of the respective deeds, easements, or other legal documents and/or affidavits as the County Attorneýs Office deems appropriate in order to protect the interests of the County; and the Board hereby authorizes its present Chainnan and any subsequent Chairman, for the life of the Project, to execute any instruments whicb have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required. -Page 2- ._-_...-..-._-_.~.---_._.....,_.__.-._-_._-_..._-._-.-.-..".,....----.--'".--..........- --'-""'- Agenda Item No. 82 October 26, 04 Page f8 7. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Administrator of the Transportation Division, or any Project Manager of his designation. is hereby delegated the authority to approve the purchase of land interests above the staff compensation estimate or appraised value and pay normally related costs when it is in the best interest of the Project, within the pro-rata share of the land rights acquisition budget for the parcel being acquired, only when the difference between the purchase price and compensation estimate or appraised value is less than Twenty-Five Thousand and 00/100 Do1tars ($25,000.00) or the current purchasing limits established by the Collier County Purchasing Department; provided. Project funding is available. 8. That the settlement approval authority is delegated by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 9, The Chairman of the Board is hereby authorized to execute Basement Agreements and Purchase Agreements where the landowner has agreed to sell the required land rights to the County at its appraised value or at that amount considered the "Administrative Settlement Amount" as such term is intemalJy used by the administrative agencies of Collier County. 10. Where the property owner agrees. through the execution of a "Purchase Agreement" or "Easement Agreement," to convey a necessary interesl in real property to the County, and upon the proper execution and delivery by the property owner of those deeds, easements, or such other legal documents as the Office oftbe County Attorney may require, the Board hereby authorizes the Finance Department to issue wllITants. payable to the property owner(s) of record, in those amounts as shall be specified on a closing statement and which shalJ be based upon the appraisal or staff compensation estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 11. All title 10 properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida., a political subdivision of the State of Florida., and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida., deeds, easements or other instruments as may be required to remove the lien of any encumbrance from the acquired properties. THIS RESOLUTION ADOPTED on this _ day of second and majority vote. . 2004, after motion, -Page 3- .__H_.____ Agenda Item No. 82 October 26, 04 Page f 8 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AITEST: DWIGIIT E. BROCK, CLERK By: DONNA FIALA. CHAIRMAN Clerk: Approved as to fonn and ild7 Á Heidi F:- Ashton Assistant County Attorney -Page 4- ---·-----··___...·_.._____m___. LOGAN BOULEVARD EXTENSION CORRIDOR MAP Agenda Item No. B2 October 26, 04 Page f 8 , , ! ! -..J. !.-- OLDE CYPRESS BOULEVARD ! ! ,..... ···t· ·r······ ~ ···-..-··-..-..-~_··_··-..-··1..-··-..- -··-··-r-··-··-··-··_··_n_"_"_"-h_"_"-"-"-"-"- IMMOKJQ..EE ROAD RIG;T-OF-WAY -..-..-..-..-..-..-..-..-..-..-.._.._.._..L"_h .. n .._..-~. ._.._.._ ._..~.._.._.._.._.._.._h__ · · · · · · PEC~ · · GOLDEN GATE ESTATES UNIT 97 ® SATLJRNIA LAKES AlOT TO SCAle GOLDEN GATE ESTATES UNIT 96 ISLAND WALK "-"-"-"-"~'_"_"_h_"_"_"_"_~'_"_' _.._.. '-"_"_"_"_"_"_.._n_.._.._.._.._.._.._. ~ VANDE~BILT BEACH RGAD RIGHT-OF-WAY · . ~ · . · . -..-..-..----..-..-..--.--.-..-..-..-..-:--..-..-..---ï ~.._.'__'_.'_'__.P_P'_."_.._.._.._."_.._.. ..-. .... ............ p... ,. --.J !+-- EXISTING LOGAN BOULEVARD ! ! i i LEGEND: ........................................... (CORRIDOR BOUNDARY) Agenda Item No. 16B3 October 26, 2004 Page1of2 - EXECUTIVE SUMMARY Recommendation to authorize a budget amendment for the purchase of additional cubicle units that are needed for the new Transportation Services Building in the amount of $61,476.00. OBJECTIVE: To authorize a budget amendment for the purchase of additional cubicle units that are needed for the new Transportation Services Building, CONSIDERATION: On June 8, 2004, the Board of County Commissioners approved along with the purchase of the Arthrex Building, the purchase of additional cubicle units as needed. These units were estimated to be approximately $50,000.00. The cost estimated was based on the cubicles being an open type set up vs. a more closed set up. After reviewing the floor plans and viewing the actual set up of the cubicles, it was decided to provide the employees a more closed type cubicle setting. This was decided based on that most employees will be going from an enclosed office to a cubicle unit. The cost to bring the cubicles that were purchased from the Arthrex Group to a more closed office type setting is $48,783.24. This cost also includes moving these cubicles from Arthrex's current storage and re assembling them in the new Transportation Services Building. The purchase of the additional 24 units that were needed above what was purchased from Arthrex is $85,692.04. This cost also includes installation of these units. '-' FISCAL IMP ACT: The total cost of the units is $134,476,00. Transportation currently has funds available in the amount of $73,000 available for this purchase. A budget amendment is needed from the Transportation Supported Gas Tax Fund in the amount of $61,4 76 to complete the purchase of these units. The funding will come from the Livingston Road Phase 4 Project that is now complete. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the necessary budget amendment. Prepared by: Sharon Newman, Transportation Division - - 1 - Agenda Item No. 1683 October 26.2004 Page 2 012 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1683 Me.ting Date Recommendation 10 au1't1orile a budget amendment for the purcna6e of additional cubicle Wilt$. that 8ft! needf!d for the new Tr8l1sporlH1¡on Servic.ea Building in the amount of $61,476.00. 10/26/20049:0000 AM Approved By Sharon Newman Acco\lntlng SupenfÌ5'or 0... Tfan!l;portion Scnvic:es TranspørtaU)"¡ Adminls¡trution 1Q/1......2004 3;311- PM Approved By Una T ayll>r ManagemclltiBudgp.1 Äl'lillyut Dale Tranlportìofl Services Transportation Administration 10114r¿004 3:.41 PM Approved By Nom1 E, Feder. AJCP TrAnsportation Division Administrator Date Traf1.portioll Servicn&: Trö)fl1lportatiofl Snfv!c:e3 A(\rnin. 10114120047:20 PM Approved By Steve Carne!! Purchasi'!ç/GenernI5vcø Dirr.<:!:or D"'" Admini!11r.alive Servlc(¡ Purchaning 10/15120049:20 AM Approved By Oi."~ P~rrvmQn E:ul:t,tlH....e: Secrttt.ary Dale Transportion Servh::ee Transportaiion Services Admin 101151Z004 2:21 PM Approved By Pat Lehnhard Administrative Anistsnt Date County MilOoVer'lI or'¡ce Office of MitotliJgenlent & Bud.gel 10115120042:56 PM Apprond By SU$.1n f..I$ner Se'\lor Man.9ItmeTl1!adIJ!~t Analy.ut O<rtP. CO\lnty Manager'li Office Office o~ Marugement 8. Budget 10/15120004 4:33 PM Approved By Michseí Smykow5ki Management & Budget Director 0... County Manager'» Office Office of Mun.9U,"~1J1 8. Budget 10/18120004 3:50 AM Approved By ,- James V. Mudd Counly Man.aQltr Dale Board of Goonty CornmissÎon1!:1'$ County M¡mager's Office 1'QI1t1!ZM4 3:01 PM Agenda Item No. 16B4 October 26, 2004 Page 1 of 4 ....."- EXECUTIVE SUMMARY Recommendation to approve a budget amendment in the amount of $737,759 for funds from the Federal Transit Administration for the Collier Area Transit transfer site. OBJECTIVE: To obtain board approval of a budget amendment to accept $737,759 from the Federal Transit Administration for the Collier Area Transit transfer site. CONSIDERATION: Collier County Transportation - Collier Area Transit was awarded $737,759 in funding for the planning and design of the transfer site for the CAT system, FISCAL IMPACT: These funds are available now as part of the FT A 5309 Grant. This is a reimbursement grant that the County will invoice for as the expenses are incurred. The total amount of the FTA 5309 Grant is $737,759. The funds will be budgeted in fund 126, cost center 138333. GROWTH MANAGEMENT IMPACT: Consistent with Object 12 of the Transportation element of the Growth Management Plan. .........-. RECOMMENDATION: That the Collier County BCC approve the necessary budget amendment to allocate the funding for the FT A 5309 grant in the amount of $737,759. Prepared by: Lisa Hendrickson, Senior Planner, Alternative Transportation Modes ,.-. AgenrJa Item No. 1684 Oclober 26. 2004 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16B' Re.commendation to approve a budget amendment i!"t lhe amount of $n7.759 for funds from Ihe Federa! Transit Administration for the Colhcr Area Trl!ll1slt trans1el' lõile Meeting Date 10f26/2004 9:00:00 AM Approved By Lisa Hendrickloon Manôlgernentl9udget Al\ôllyst D:de TnulaporJtDn S(!rVic.tlll lmfflç OpntatiolUt:( ATM 10/12/20045:33 PM Approved By Sharon NCfwman AC(:Qunling SupeNiaar Datu Tra,,.portion Servicr.a. Tran~portat¡on Admìnilitratíon 1011312004 1 :07 PM Approved By Barbara LaPierre MGnsgement/8udç¡et Analyst Date 1 HII1!&portlorl Servlcu 'TfarU&port;ltion Opentiona 10t1..j2D0<4 10:51 AM Approved By OiaM B. Flag!) Traffic OptttGUons .and All THIO$ Moden Director nait'; rrau¡¡.portiop\ 5~rv¡ce1l Traffic Oper.tions/ ^ TM 10/1512004 11: 16 AM Approved By Diane Perryman EJI[ecutlve Secr«r.uy Qate Tmnsportton Ser'i1cÐ'$ Tr.1n1lip()rt;rt~on ServiclIR Admin. 10'15120042:2.8 PM Approved By Pat Lchnhard Admini$traUve Assistant Data CoUtt1y Man.agtn't Office Office of Managetne"l 8. BUduet 10/15120042.:52 PM Approved By Michael Smykow$ki Mlloagement & Budget nirlM.,1:or Date County Manuger's Office anlc:\!!: of Management & BlId.gel: 10/18/20049:09 AM Approved By .1 ames V. Mudd county MaMgctr DRte Board of County CDmmiseioners County Manager's Office 10f1812U04 10:00 AM BUDGET AMENDMENT REQUEST Agenda Item No. 1684 October 26, 2004 Page 3 of 4 For BudgetlFinance Use Only BA#..... JE#qq.q.q.qq BAR#. q. A.P.H.Date. .........q.q...... 126 Fund Number MPOffransit Fund Description Date Prepared: 10/12/04 Approved by BCC on: 10/26/04 Attach Executive Summary Item No.: Fund Center Title: WBS Element Title: Expense Budget Detail Public Transportation Transit Facility Transfer Site Fd Ctr No.: 138333 WBS No.: 350101 (Provide the Fund Center or WBS element infonnation; it is not required to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budeet 138333 350101 7611 00 Land 737,759 0 737,759 Net Chan~e to Bud~et 737,759 Fund Center Title: WBS Element Title: Expense Budget Detail Fd Ctr No.: WBS No.: (Provide the Fund Center or WBS element infonnation; it is not reauired ta orovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budeet Bud~et Net Change to Budget Fund Center Title: WBS Element Title: Provide the Fund Center aT WBS element infonnation; it is rot re uired to Fund WBS Commit Commitment Item Center Element Item Descri tion Expense Budget Detail Fd Ctr No.: WBS No.: Revised Bud et Agenda Item No. 16B4 October 26, 2004 Page 4 of 4 I I Revenue Budget Detail Public Transportation Transit Facility Transfer Site Fund Center Title: WBS Element Title: Fd Ctr No.: 138333 WBS No.: 350101 !provide the Fund Center or WBS element information; it is not required to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bude:et Budget 138333 350101 334492 Grant Proceeds 737,759 0 737,759 Net Change to Budget EXPLANATION Why are funds needed? Funds are needed for the purchase of either land or a facility for the purpose of a transfer site for Collier Area Transit (CAT). Where are funds available? Funds are available through a grant from FT A Federal Transit Administration. DATE I Cost Center Director: Division Administrator: Bud!!et Department: Ae:encv Manae:er: Finance Department: Clerk of Board Admin.: Inout bv: B.A. No.: REVIEW PROCESS Agenda Item No. 1685 October 26, 2004 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve a budget amendment in the amount of $329,989 for the Florida Department of Transportation State Block Grant Funds. OBJECTIVE: To obtain Board approval of a budget amendment for the annual allocation of Public Transit Block Grant funding. CONSIDERATION: On January 28, 2003, the Board approved and entered into a Multi-year Joint Participation Agreement with the Florida Department of Transportation for the State Block Grant Funds. The funds from this grant will assist in the provision of fixed route public transportation service. FISCAL IMPACT: This is a reimbursement grant that the County will invoice on a monthly basis as the expenses are incurred. The total amount of the State Block Grant is $329,989.00. This grant will require a 50% "Soft" match, which will be available from funds budgeted for Transportation Disadvantaged (TD) trips in rural areas provided by the Agency for Health Care Administration, other agencies and County funds (126). No new or additional matching funds will be required. GROWTH MANAGEMENT IMPACT: Consistent with Object 12 of the Transportation element of the Growth Management Plan. RECOMMENDATION: That the Collier County BCC approve the necessary budget amendment to allocate the funding for the State Block Grant in the amount of $329,989.00. Prepared by: Lisa Hendrickson, Senior Planner, Alternative Transportation Modes Agenda Item No. 1685 October 26. 2004 Page 2 af2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1685 RecQmmendation to approve a budget amÐndment in the amoun1 of $329,989 for th~ FIe-ride Department of Transportation State Block Grun1 Funds. Meeting Dat. 10i26r20Q4 9 :00;00 AM Prepared By Date Usa tiendric:k~on Managf!mr:nt/Budget AI'1t1J,/$1 10112/2004 :L,29A6 PM Trans-portion Bervic~:s Traffic Operatioos' ATM Approved By liu Hendrickson Management/Budget Analyst O.te Ttan3portì(ln 5~tvj(:f¡!s Ttaffic: Oper;rtiumll ATM 101'121200.4 3:33 PM Approved By Shnron Nuwmun Äccmlnting Supervisor D.le TfiUlSporlic)tI ServiceII' T'r"nfòportat¡(JR AdmjnijJ'tr.liQn 10/12120044:14 PM Approved By Barbara l.aPierre t.1anagf!ment/ßUdget A.,.lysl Dnt~ Tt:snsportion Ser\lice:s Transportation Operations 1011.&/20().$.'O~50 AM Approved By Dial'll! B. Flagg Traffic: Operatìof1& I",d AJt Tr..ns Modes OIrec1ot Date Transportion Servìc!!\$ Tr.ffic Opeta1ronal ATM 10/15/200411:14 AM Approved By Diane Perryman E xeclJtive Sr.cratary Da1e TratlSlportiol1 Servh:e" Transportation SE!rvice~ Adrnln. 10J15n004 2:23 PM Approved By Pat lehnhatù Admh'1i51trative Autstant 0... County Manager'. Offic.e Office of M"nagfltnent & Budge! t!J/15ì2004 2:4S PM Approved By Donald L Sr.ott: Tranaportation Pl.lnning Director Dilte 'TlaMsporlicn Services fransporlatfor. PlannìfJg 1011$120044:06 PM Approved By Michael Smykcwski M.tm.agernent & Budgtrt Director Date County Managnr'. Oftíce Offic(!' Df Mllnagl!'m~nt & Budget 10118/20043:4-4 PM Apprond By James V. Mudd County Managor Ollie Soard or County Commis$!onerSô Go.unty Manager's Office 10tl9/200.&11:56 AM Agenda Item No. 1686 October 26, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to allow the Transportation Division to advertise and receive bids for proposed intersection improvements to New Market Road at Charlotte Street. Estimated fiscal impact is $575,000.00. OBJECTIVE: To receive the Board of County Commissioners approval for intersection improvements to New Market Road at Charlotte Street. CONSIDERA TIONS: The intersection of New Market Road and Charlotte Street is currently experiencing safety and operational deficiencies, The proposed improvements will improve the traffic capacity at this intersection by adding an eastbound right turn lane on New Market Road, adding an eastbound left turn lane on New Market Road, adding a westbound left turn lane on New Market Road, and adding a northbound right turn lane on Charlotte Street. This work shall also include the installation of a traffic signal at the intersection, In addition, a new sidewalk will be installed on the north side of New Market Road and on both sides of Charlotte Street along with minor drainage improvements. The project is scheduled to be complete within ninety (90) days of the notice-to-proceed, FISCAL IMPACT: Funds in the amount of $450,000.00 are available in the Transportation Supported Gas Tax Fund 313, Project 60016. Funds in the amount of $125,000,00 are available in the Transportation Supported Gas Tax Fund 313, Project 66065. GROWTH MANAGEMENT IMPACT: There is no growth management impact resulting from this project. RECOMMENDA TIONS: That the Board of County Commissioners allow the Transportation Division to proceed with the intersection improvements of New Market Road at Charlotte Street as referenced herein and authorize the Administrator to start the bidding process. PREPARED BY: Daniel G. Hall, P.E., Project Manager, Transportation Engineering & Construction Management Item Number Item Summary Meeting O_te Agenda Item No. 1686 October 2f). 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1686 Recommendation to allow the Transportation Divi¡ÎDf'! to advertise and receive bids far propo$8d inten¡ec1jon nrlprove/1ltlnw to Nuw Market RQad at Charlotte Stn!ot Esbmatud fi$ciI! jrl'l)a(;t ¡Ii; $575,000 00. 10126/20049:00:00 AM Prepared By 10/12120044: 10: 17 PM Oaniel Hall Date Project M.n.1ger Tr;uurporl:ll)n SfI'rvlr;1 TEeM Approved By Sharon N.ewm",n Tr..n.sporti(.ln Services A(:r;OlJnling SupetvÎsor D"'" Trsnr;porb:tion Ãdn,ini$1:ration 10/12/2004-4:16 PM Dllte Approved By D31e Ã. 8athon. ~1£. TranøportioJ1 Services Prìnicipal ~1roject Manage,r Tr;msportation EnglMltrjnR and Construction 10fU1200of11:25 AM Da'" Approved By Stevf! Carnell Admin¡stndlve Service. PurchøsinglGeneul 5vcs Director Purchuslng 101151200410:23 AM 0"., Approved 8)' BtJrb;Jra \.lIPierr. TrJln..portion Servicp.$ Ma!l3gt!mC!l'ItIBudgC!t An«lyst Tr.111.port~tion Oper:Jtions 10/15/200.4 10:30 AM Da'" Approved By Brenda Brilhart ^d,"~nj8tratwe Service. Purchasing Agent Purchuing 10/1 S120D4 11 :26 AM Dale Approved By RDb"r1 W. Tiplon, P.E. Tra-f'sportjOJ Servicp.$i Ç"Qunly frank O'N!ra1~oofi Engineer Tmfflc Opet1ltionlf.1 A.TM 1fH15120041:31 PM Dat. Approved By Diane Perrym3.l\ TranAportion Servíc~.. Executive Secretary Tral1sportation Services Admin. 10J15i2oo4 2:35 PM Dat~ Approved By Eugene Calvert Tran:1portationft Sl!rv¡C~1S Principal Project Manllger TranfOportatlon E.ngineering and Construction Managen,.nt 10115120043:33 PM Date Approved By Pat lehnhard CUlmty M:a:nugl!iir'¡s Otlke Administrative A.5i¡¡tant Offico¡, of Milnageh1ent & Budget 10/15'20044:42 PM Da1e Approved By Susan U.l1l!1r County Manager's Office Sf!nlor Manllgerneu1!8udge1 An;alyat Office of Management & Budget '10/16120045:02 PM Dat. Approved By Michael Smykowlikj CoUn1y Munillger'li Office Manag"'ml!lnt & Budge.{ Oiroctor OfficI! of Maft.grtment & Budget 10/18120U-4 3:02 PM Date Approved By Jame!:li V, Mudd Board of County CommiSlioner. County MQna!Jer County Manager'... Office 10¡191;{004 11:43 AM _.~<-~,,_.- '-,'5 h~:':~)i2 <""'1 \,.. i ~ A'!. oJ .. ;(\t_1 ..........c4:-~.4:-..··..····. "'''.';fl,~'' ....~ ~ .,............ ···$\·:.····1 i¥' ....,.,.. ~".~! ...t~ . <'.t'1<J ". . ......'.... . <è'<\f '::..,;.'-~ ......~.......~... ...... ...-....., "-: "',,:,,~ ,:,-,:.' :'-'- ,'., ~,:;:::': .~ .-':::::--~~.- ·~~~f,~.~:';~, ,',~: ·..7........... #1'* 'i!~'.~'IT'~? ;""> . 3 ~\~ \ __~~~ .. ~ ~ Eo< :;J o ~ - < (7) roE-< 'Š ~Š 3~ rn ~š o~ 11::0 Eo<~ ~~ ~< š Z rn ... I ¡g ~< iN eO"~õi&1 UJ &: a~~; ~gZ~¡¡¡¡: ::t"'§I:~â 8 gl£li~ ~=>iIi! ~ ZOj! a ::1u!C !~ 8e>:1~§~ "" ~ fil¡¡~ 05 I:' Qu !:í o ¡:Q ¡f,>\'.'4(j·'·~ Agenda Item No. 1687 October 26, 2004 Page 1 of 4 ..........., EXECUTIVE SUMMARY Recommendation to accept a check in the amount of $5,251.50 from Johnson Engineering, Inc. to reimburse the County for administrative costs incurred with processing avoidable, value-added change orders to the Goodlette-Frank Road Project (No. 60134). OBJECTIVE: To obtain Board approval to accept a check from Johnson Engineering, Inc. in the amount of $5,251,50. CONSIDERA TIONS: Throughout construction, there have been situations that have required a change to the planned construction of the Goodlette-Frank Road project (between Pine Ridge and Vanderbilt Beach Roads), Most of these "change orders" are a result of unforeseeable circumstances; however, staff has identified a select few that are directly related to designer oversight. Johnson Engineering, Inc. was the designer of record for the project. Lengthy discussions with representatives of Johnson Engineering have resulted in recognition that certain design oversights have caused the County $5,25] .50 in actual and administrative costs. Johnson Engineering has agreed to reimburse the County for those expenses. FISCAL IMPACT: A budget amendment is needed to recognize the revenue received as noted above in the amount of $5,25] .50 and appropriate into the project within the Transportation Supported Gas Tax Fund. GROWTH MANAGEMENT IMP ACT: This will have no affect on the Growth Management Plan, RECOMMENDATION: That the Board of County Commissioners accept Johnson Engineering's check in the amount of $5,25] .50 and authorize a budget amendment to deposit the funds into Project No. 60] 34. "..-.." Agenrja Item No. 1687 October 26, 2004 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summ.ry 15a7 Recommendation to ac.cl"pt a cl1f~ck in the amount of $5.251.50 from Johns!)n Engineering, Int.lo feimbursl." the C;.mnty for adminIstratIve cMt$ ItIcurred with pfoceS1;itlg avoidable, ....alut¡-·,ljd~d changf. nrdf.m tu the (.;[)odlettf:-Fmnk R(i.1d Proj~r;t (N:). 60134). Meeting Dete 10.126/20049:00:00 AM Prepared By Date l.y"n R. Thorp~, P.£': Principal Ptojr!ct Ma"flg~r 10í1212fJ04 9: 1'9~09 AM Trans.portion SeNicns Transpur1atil>tI En9ine~ring and Construc:tiQII Approved By Sharon N~wmJ.lI1 ¡!kcounlmg SlJp~tv¡:!I(I1 0",. Trannportlon S(!tvi(;~s Tran~pot1ajm' Adminilltrution 10i1212004 4:17 PM Approved By 5Ievr.C;UfleJU Pun:ha¡¡inglGenm,¡¡! S\f(;$ Oirll'ctor Dal~ AdminiÐttativll!' StI'rvice5 Purchaâil1Çj 10/14/~004 11:07 AM Approved By Eugene C31vert PrinclpiiI Project t.lal13ger Tran5poftatiDn E:ngin(!~riMg ilnd COrlstructton Mnnag"tn(!nt Date Transportation:> Serl/iCe5 10H4i200412:1Q PM Approved 8y Diilnn Pr.rryn1an Ex~utivc Sec.retAry Data Tf.llnSpottiorl Service,!. Transport.ticn 5ervic~fo' Ad'n!n. 10í15/20U'" 2:42 PM Approved By Pat lehnhuYd Administrative Assistant Dillie County Managr.r's Office Officr. of MnnsQi!'ment 3. Budget 10115120042::49 PM Approved By Susan Ußher Senior Mal1agen1entl8udget Analyst Date County M,¡ulu9~r'!. Ol'fi~ Office..:>1 Manugenu:!Mt & Budget 10/15120045:09 PM Approved By Michael Srnyk¡)weld "hnagement & Budget Director [)ute Cuunty MunaJel'v Ottic(! Office 01 ManaYetnl!tl &. BUdIJlrt 10/16/2004 11:1iI AM Approved By Jamt!s V. MUthJ County f..hrnaget Date Bourd af County Cormni'¡¡l.ioners County Manager'¡. Offic~ 10lHI!Z0041 :33 PM gIN~¡ "..,-.-,~._-----_.. July 1,2004 Mr. Gregg Strakaluse ColHer County Department of Transportation 2675 Horsehshoe Drive South, Suite 401 Naples, FL 34104 Re: Change Ordcrs Associated with GoodJette-Frank Road Dear Mr. Strakaluse, Thank you for reviewing the information we provided, As per your Jetter dated June 24, 2004, please find enclosed a check in the amount of$5,25 1.50. Our relationship with the Collier County Department of Transportation is highly valued a.t Johnson Engineering. It is our sincere desire that this begins the restoration of your confidence in our design and planning capabilities. Sincerely, J.z;Z;¡NG' INC. Forrest H. Banks, PE Director of Transportation Services Enclosure Cc: Lynn Thorpe Jared Brown - Wilson Miner Steve Morrison FHB:jlc:20034094 35Dl Del Prado Boulevard. 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II.. 0 1= 0 Ü I ";,, I :E ~ ! ;:) õ ¡ fJ) ü ¡ w P I Wee I >-îE~ í , ~. g 5 g¡ i ! J Agenda Item No. 1688 October 26, 2004 Page 1 of 4 Executive Summary Recommendation to approve deleting Section B.2.3. items (b) and (d) and adding item (e) to Section B.2.2 of Schedule B and modifying Schedule A, Section 5.0, Items A and C of the Standard Professional Services Agreement for Aim Engineering and Surveying, Inc. for Vanderbilt Beach Road Project, for Contract issued under 04-3583 "Construction, Engineering and Inspection (CEI) Services for County Road Projects". No Fiscal Impact. Project No. 63051. OBJECTIVE: To delete Section B.2.3. items (b) and (d) and adding item (e) to Section B.2,2 to Schedule B of the standard contract previously approved for Aim Engineering and Surveying, Inc. in order to allow payment for already approved expenses on Vanderbilt Beach Road Project. CONSIDERATIONS: Transportation currently requires each of the Construction Engineering Inspection Firms (CEI's) to furnish a field office located in the vicinity of their projects. The language in the standard contract that was previously approved by the Board of County Commissioners on July 27, 2004, Agenda Item 10 I, does not allow for reimbursement of expenditures such as field office expenses, copies reproduction, postage, handling, express delivery, and long distance communications. The amount previously approved by the BCC included these expenses; however the Clerk of Courts would be unable to make payment because of coofticting language in the County's standard contract. To enable the Clerk of Courts to make payment, the standard contract language needs to be amended. The standard contract language currently reads: B,2.3. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.2, such as: (a) expenses for transportation and subsistence; (b) overhead. including field office facilities; (c) overtime not authorized by OWNER; or (d) expenses for copies. reproductions. postage. handling. express delivery, and long distance communications. The above underlined language needs to be deleted from the standard contract. Additionally the following underlined language, item (e) needs to be added to Section B.2.2 which currently reads: 8.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services or Additional Services, in the interest of the Project, listed in the following sub-paragraphs: (a) (b) , expenses for transportation and subsistence incidental to out-of-town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar Project-related items in addition to those otherwise required in Basic Services; when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and expenses for renderings, models and mock-ups requested by OWNER. expenses for field office. including. but not limited to. the following: Field office rental. office electric service. office telephone services, copier rental and office custodial fees, The copier rental expense may be submitted as a (c) (d) (e) f~ Agenda Item No. 1688 October 26, 2004 Page 2 of 4 monthly rental rate if the copier is owned by CONSULTANT or submitted as an invoice if leased. Further, Schedule A, Scope of Services, Section 5.0, Items A and C need to be revised as follows in order to be in accordance with the above changes: Schedule A - Scope of Services Oril!inallanguage: 5.0 ITEMS FURNISHED BY THE CONSULTANT: A. The CONSULTANT shall furnish such other shelter, storage, and parking space, as approved by the Construction Project Manager, to effectively carry out their responsibilities under this Agreement. The CONSULTANT shall provide the appropriate number of vehicles to accommodate their project personnel. Equipment supplied by the CONSULTANT shall consist of items determined by the Construction Project Manager to be essential in order to carry out the work under this Agreement. The CONSULTANT will provide all survey equipment, testing equipment, photographic equipment, tapes, rules, and any other items necessary. Routine expenses such as stamps, postage costs, custodial fees, telephone service, etc., will be the responsibility of the CONSULTANT. Revised language: - 5.0 ITEMS FURNISHED BY THE CONSULTANT: A. The CONSULTANT shall furnish items determined by the Construction Project Manager to be essential in order to carry out the work under this Agreement. The CONSULTANT will provide all survey equipment, testing equipment, photographic equipment, tapes, rules, and any other items necessary. The CONSULTANT shall provide the appropriate number of vehicles to accommodate their project personnel. Oril!inallanguage: C. Field Equipment 1. Includes those non-consumable, non-expendable items which are normally needed for a CEI project, including but not limited to the following: vehicles, facsimile machines, copiers, calculators, tape recorders! transcribers, typewriters, computers, word processors, printers, cameras, camcorders, communication equipment, toolboxes, fire extinguishers, first aid kits, flashers, hard hats, safety vests, life vests (if applicable), level!rod, tripod, roll-a-meters, rain gear, shovels, wheelbarrows, hammers, portable water coolers, gauges, engineering scales, tape measures, drafting tools, slump cone, tamping rod, nuclear density machine, measuring wheel, thermometer, flashlights, speedy moisture kits, and turbidity meters. -- Revised language: Agenda Item No. 1688 October 26, 2004 Page 3 of4 C. Field Equipment 1. Includes those non-consumable, non-expendable items which are normally needed for a CEI project, including but not limited to the following: vehicles, facsimile machines, calculators, tape recorders/transcribers, typewriters, computers, word processors, printers, cameras, camcorders, communication equipment, toolboxes, fire extinguishers, first aid kits, flashers, hard hats, safety vests, life vests (if applicable), level/rod, tripod, roll-a-meters, rain gear, shovels, wheelbarrows, hammers, portable water coolers, gauges, engineering scales, tape measures, drafting tools, slump cone, tamping rod, nuclear density machine, measuring wheel, thermometer, flashlights, speedy moisture kits, and turbidity meters. FISCAL IMPACT: There will be no fiscal impact associated with this action. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the deletion of section B.2.3, items (b) and (d) and the addition of item (e) to Section B.2.2 of Schedule B and modifying Schedule A, Section 5.0, Items A and C of the standard contract with Aim Engineering and Surveying, Inc. Prepared by Lynn R. Thorpe, P.E., Principal Project Manager, TECMD _. Agenda Item No. 1688 October 26. 2004 Pa.(Je 4 nf ~1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1688 Meeting Date Recommendation to apprOVE: deleting Section 8.2.3. itemG (b) and id) and adding item (e) to Sedion 8.2.2 01 Sclledule 8 and It!ðdífying Schedule A, Section 5.0, Item9- A ~nd C Df the Standard Professional S"fyi¡;~5 Atreernen1101 Aim Engineerill{ Imd SUtveyirqJ. Inc. for \/anderbi!t Beach RDad Project, for Confr8ct issued under 04 "35BJ "Construction, Engineering ßNI Intper:tion (CEI) Servicl!ls for County Road ProjI':Gtg'. No Fiscallmpacf PrOt~ct No 63051. 10/26120049:00:00 AM Prepared By Date Lynn R. Thorpe, ".E, Principal Project Manager 10112/200410:31:U2 AM Tr.1n-$portion S~rvic!!" '!rllnspolutu:m Enginee-rin9 and (,;:cmdr¡¡ctjon Approved By Sharon Newman Accounting Supervi'lior D", 1 ran!iþortioll S~I"Jices 'Tf;UM:~portatit)n Administratl<m 10i12f2DO' 3:17 PM Approved By U~Ht ruylor Mun:).~ernltfl1íßud9ct An."JtY5t Da!t! Tr~n5port¡on SC!'rvico!!s Transportation Admini&tratlol' 1<1113120049:05 AM Approved By Diane Perryman Ex&cutìve $ecretary Date l'r31Uiportiotl Service$< lransportatiOfj Services Adnlil'l. 10/15'2004- 2:51 PM Approved By Don aId I... 5t:ot T"rMltiþo,t;rtinrr Plalllling Director Oate Tr.õlnaportion S(lfvice'$ TranSiportatiol'l Planning 10115/:201)43:53 PM Approved By Kelsey Ward Senior J.lurchasing and Contrac.ts Agent Date Adrninigtrati\'e Sorviç(!'s Purt:hasjng 10/1"'/2Q04 4:11 PM Approved By Pat L~hnh",d Admìnístrativ(1 Assirrtant Datrt Coullty Nanag.-,'s Onlce onlce <>t Mau<Jgement & !:)udgel 10/19120044:13 PM Approved By MlchaelSrnykowt¡kl Mallagel'tl~nt & Budg*t Director Date County Manager'¡ Office Office uf Management & BUIJlJet 10/19/20044:17 PM Approved By Ste\fe Camel! Purchasing/Gellmal SVC$ Olrec1or Datt! Administrati....e SerVic.e6 Purchasing 10/19/20044:27 PM Approved By Ji1meG V, Mudd CDunty "1Im.geT Dllte- BDiltd nr County Cammis;/S.¡pnj~ts CCnlnty Millnô1gf!r'~ Offke 10/19120046:02 PM Agenda Item No, 1689 October 26, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to authorize and fund the addition of exhibit #2 to Hansen Master Contract #03-3500 for the Transportation Division in the amount of $257,255.00. OBJECTIVE: To implement a system to manage roadway assets, work orders and pavement inspection and to promote interdivision coordination by making data accessible to more staff and reengineering existing divisional business process as cross divisional processes. The modules in exhibit #2 will reside on the same platform and database as the land management system for Community Development & Environmental Services. CONSIDERATION: On May II, 2004, the Board approved a contract with Hansen Information Technologies (Hansen) as item lOA for an initial implementation of the Land Use and Permitting Acquisition software Application for CDES, The contract was negotiated as a master contract so that further implementations by other using departments would be efficient and cost-effective. Each additional departmental requirement as software, services and schedule will be mutually agreed upon in writing by the County Departments and Hansen and attached as individually identified exhibits to the master contract. The department shall then issue a requisition to create a purchase order, which will serve as authorization for the individual installation. The initial amount of the contract was ($1,693,160.00). These funds are being used for the replacement of the current land management and permitting system. ""-'" Exhibit #2 is to authorize and fund work for the Transportation Division under the Hansen master contract to manage roadway assets, work orders and pavement inspection. FISCAL IMPACT: The total cost of Exhibit #2 is $223,700 with a 15% contingency, for a total of $257,255.00, GIS will fund $157,255.00 under Project 50014 within the Countywide CIP Fund. Transportation will fund $100,000 from the Supported Gas Tax Fund. A budget amendment will be needed to transfer $100,000 from the Livingston Road Phase 4 project which is completed into the Transportation Asset Management Project. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize and approve funding for exhibit #2 for Hansen Information Technologies Inc. and approve the necessary budget amendment. Prepared by: Tammy Smith, Information Technology Dept and Sharon Newman, Transportation Division .......~, - 1 - Agel1{Ja Item No. 1689 October 26, 2.004 Põ\:.Jf!2of3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 1669 Meeting Date Re-commendation to author!...e and fund the lIdditiorr of e:chibii '112 to H¡n~en mali~cr contract #(\3~J50D for the Trang,portaliorl Division in th~ amount of $257 ,25500 1 Oi2S,'2GQ4 9 :00:00 AM - ttem Summary Approved By Shar(n Newman AccountiNQ Supt!r\tisPt' Dale T'r¡¡nwpOrlif)!I Servh::p.5 Tr;)tlportnti(ln Adl"~níK'lr.1IiQ" 10/121:Z004 2:$4 PM Approved By Norm E. Feder, AICP Trallsportation Oivi5ioll AdrninÜ;llaìor Date! TrJlnaportíDf1 Service¡ Tr;mtõport.ñion Sp.rvic.~¡¡. Admin, 10/131'20048:11 PM Approved By Steve Carnt"H PUrCh3s.ingfOent'131 5vCIi Direct,",r Date Admiuistr:lfivt! Service... PUt'd¡3Sjl~g 10/t4J2004 11:12' AM Approved By Oiant' PerrYn)'u, E )(~c¡¡tiy~ Sccrntary D..I~ hansportÎol1 Services Tran¡;.portation Sen'/cel. Admin. 10/H,'2004 12:10 PM Approved By Pat Lehnh;:¡rd AdminÎðtrative Äni.tant Date COUrtty M;UlHge-r's Office Office af M3t1ô1gen1el'lt'" Budget 10/15/2004 J:28 PM Approved By SU$illl Usher S~"I(!or Mim:agI!I11MtfBlJdJet Anii!yst Onte County Ma"agf:':r's Office Office of M.anagftmllnt 8. B\ld;l\!!l. 10/151201)45;13 PM Approved By MichJl.f!1 Smykowski Managli'1rne:nt 8. Budget fJirftc1ar 0,"", county Manager''S OffIce Office of Management & Budget 1011812;)049:55 AM Approved By Jame$ v, Mudd County Mðn,¡¡ger Date Board of County Commi'uíonjH$ County ~"h&n;J~ftr'5 Otfìc/!\ 10119110049:'2 AM nall:>ttll IIIIUI "'i:tUUII I t:r.:llflo/og/es, Inc. Collier County, Florida Hansen 8 for Transportation Prepared for: Normalt Feder, Transportation Administrator, (239)-774-8192 Agenda Item No. 1689 October 26,2004 Page 3 of 3 SERVER LICENSES Product # SOFTWARE COSTS Customer Service (Already have on Land Management's project) Roadway Module (Pavement included) Work Management Extended Server License CAL Licenses Customer Service Roadway Module (Pavement included) Work Management CAL LICENSES Total Server Licenses NIC $10,000 $20.000 40,000 Unit Price $1,000.00 $1,000.00 $1,000.00 # of CAy 10 25 25 Total Ca]s 10,000 25,000 25,000 Total Cal Licenses $60.000 TOTAL SOFTWARE $100,000 SMA-CS HANSEN'S ANNUAL SERVICE AND MAINTENANCE 20,000 PS-PM PS-OJ PS-!cr EXP PROFESSIONAL SERVICES & FEES Project Manager Onsite Training (Pc, Training DIY, 12 .tlldenls..... po:rcJ...) Configuration and Installation Out of Pocket Expenses PROFESSIONAL SERVICES SUBTOTAL Unit Price 1,500 1,500 10,000 # ofDay§ 30 20 Total Cost $45,000 $30,000 $10,000 $18,700 $103,700 OptionaJ Producta and servltcs, not Included In quotation: TOTAL IMPLEMENTATION COST 223,700 -. . illte¡face costs will be determined after analysis ifneeded. Hansen Authorized Signature Carol Jackson October 1 t 2004: Price Quote by Brian Heath Unless accompanied by an authorized signature above litis quote is for budeetary pu¡'poSe.1 only. ( signed, this quotation is valid for 9() days. , doo '""1'?';'/"'''''' wi!ll_, ;,....,...... ~f~ ¡(¿-JolT ~-frJ50í..l C.O 0 10-/;-07i E~J-) \ 1-.)\ t" l:ì R FP O~ -3500 Agenda Item No. 16810 October 26, 2004 Page 1 of 2 0'- EXECUTIVE SUMMARY Recommendation to approve a budget amendment to recognize revenue received from Heritage Bay, for a sidewalk under payment in lieu of construction in the amount of $250,000 for the Immokalee Greenway from CR 951 to two miles east of CR 951. OBJECTIVE: To obtain the Board's approval of a budget amendment to recognize revenue received from Heritage Bay, for a sidewalk under payment in lieu of construction in the amount of $250,000 for the Immokalee Greenway from CR 951 to two miles east of CR 951, CONSIDERATION: In accordance with the Developer Contribution Agreement (DCA) between Collier County and Heritage Bay, Heritage Bay provided to Collier County a check in the amount of $250,000 for payment in lieu of constructing a side walk. These funds were deposited into a revenue account under this project. A budget amendment is needed to recognize these funds and appropriate them on the expense side of the budget in order to begin to use them to construct the sidewalk. FISCAL IMPACT: A budget amendment is needed to recognize the revenue for this project in the amount of $250,000. Source of Funds are Developer Contributions and have been deposited into the Transportation Supported Gas Tax Fund. 0- GROWTH MANAGEMENT IMP ACT: None RECOMMENDATION: That the Board of County Commissioners: Approve the necessary budget amendments. Prepared by: Sharon Newman, Transportation Accounting Supervisor ~- - 1 - Agenda Item No. 16810 October 26. 2004 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16B10 Meeting Date Rec:ommendolltio" to approvl!' a budget amendment to recognize revenue reLf!ii\led frùm Heritage Bay, for Ð sidl!walk under payment in lieu of co"stl'uc1ioll in the amount of $250,000 tor (hp. 111'Imokal~~ Gt~enway fml'1 CR 95'1 I() twD 11'¡le~¡ F.il~.1 of CR 951 10126/20049:00:00 AM Approved By Sharon Newman Accountin{t Supervisor Date fran!lportion 5e.tvi(:es !ri\nllpprtatle>n Adrnlnl¡trutlor! 10/t112004 2:46 PM Approved By Norm E. F~dftr, AICP Tunsportatiol'\ Di...¡uio" Adminilitr¡¡tor Dale Tn1Oltportion Services Transportation Services. Admin. 10/1312004 7;56 PM Approved By Drane 8. Flagy fraffic Operatiulu; and A.ltTrans Modes Djrec:tot Date Tr.1l1¡¡porfion Servíclts Traffic Op!!'tationøl ATM 10/151200411:13 AM Approved By Diðnc Perryman E X(!'cutÎllo:!' Secretary ,,,"" T ranM-port¡ol1 Service.$ 'Tlansportation Services Adm!n. 10/15/20043:04 PM Approved By P;1t Lehnhólrd Adrnini.$1rative A.$ßu¡tant D:lle County Manuger's OffIce Office 0.1 Management & Budget 10t1812004 11:51 AM Approved By SU$3f1 U1õhel Settior ~i;ln3gurnellt'alJdget AnalYßt Date COI.mty MìirulgEH'5 ONk:·e Offic/JI Qf MiilfI'<1geme'lnt & Budget ·1O/18/20Q4 2:'18 PM Approved By Mich.acl Smykow$:ki Man~gernent 8. Budget Dir(!ctor Om Coulrly Manager':; Office Office ot Momayement & Budget 10!1Sf2004 3:00 Pf;/. Approved By James V. Mudd County ~1ana9cl Date Board of C;ounty Cammln¡ol~erli County Manager's. Offic~ 10/1ti12004 4:"0 PM Agenda Item No. 16C1 October 26, 2004 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to approve a contract amendment, under Contract # 02-3311, "Fixed Term Professional Geographic Information System Services (GIS)" for Collier County, with Wilsonmiller, Inc., Project 50014, in the amount of $197,239.40 OBJECTIVE: To obtain Board of County Commissioners approval of a contract amendment with WilsonMiller, Inc. for additional services in the amount of $197,239.40, CONSIDERATIONS: A contract with WilsonMiller, Inc., was approved by the Board on April 23, 2002, agenda item 16 C 10, for a total amount of $950,125 to provide GIS services under sixteen tasks. A contract change was approved on June 10, 2003, agenda item 16 C 9, in the amount of $69,600 to provide additional GIS services related to stormwater data. Nearly all of the tasks are 'time and materials' and this contract amendment reduces twelve tasks for close- out, leaves two tasks unchanged and increases two tasks. WilsonMiller has submitted a 'time and materials' proposal for an additional $197,239.40. The two tasks to be increased are: a) continue to populate and update attribute tables for utility system data, and b) provide training support for GIS staff. Staff has reviewed the proposal and considers the scope and estimated costs to be reasonable, ,.-- FISCAL IMP ACT: The funding for this work order is available from the project budget. The source of funds is the County-wide Facilities Management Fund. GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve Amendment #2 to Contract # 02-3313 with WilsonMiller, Inc., in the amount of $197,239.40 and authorize the Public Utilities Administrator to sign the amendment. PREPARED BY: Ron Hovell, P.E" Special Projects Manager ,,- Agenda Item No 16C1 OctClber 26, 2DO~ Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16(;1 í.(~,:ornrner.dðth~n t(J npprnVfl ¡, cofttlad !1!'Ilef"ldmof;t. lJt1dOI Cl:ltltr,u:t# 02·,3~11 'FIX!HI T"In\ Prt1tS$sIONJlI C;oa"gr3phic If!tùrm8tiof'\ 6ysle~n s,,vic~e íGISj' fù' Collier Guunty, with Wils(ll'1milteL inc ProJe.::t 5001~ i~ the amcun1 cf$19ì 239.40 Meeting Date 1 Qi25!1004 i<:üODO AM Prepared By Cale Ron HOVI!>U Spt!ci.11 ProjKt'oi Manngl!'t 1umZU(J1 fi::J3:49 AM Public \Hllltles PuhUr. Utl!llJ~s Enghllt:e'ing Approved By Unda ja~k~oll Coutrat:tli Agent Date Admìnj$t,atl\l~ Sltt...lc~; Pl.m::h;1l¡¡ing i()11212004 9:16 AM Approved By TIlunlas. Wides Operatlolls 0111;(,.1:01 a.ie P\lblh: Utmtin Public Utillt!es OparatlDn~ 1U/13il004ß:3tiAM Approv~d By ~te\le Came!! PUlchaioinglGent!.[.a1 Sveti Directpt Daœ AdminIstrative S~tvi(.e~ Purc:h¡¡¡"II11j1 1011412001111:23 AM Approved By Roy B. Ändnt!ion, P.E Public lJtHllie$ Engineering mteClor a"'Ie Public Ulllitics PUblic UtlHtie" Engint:l!'ting 10/1M10Ð4 2:04 PM Approved By JiSfni!'!$ W. Dd"ony Pulllk \Jfllltle5 Admlní$Irll.lar Dute Public Utilities PubH('. iJUlltilU, Admlnif>tfation 1Ui15/20o.110:51 AM Approved By p¡)t Lehnh,ud Adm~"'strnt$vn A¡isblatU Dal~ Coonl}' Miln;lgflr','J Office Office of Mo1fla)Umetll & fJ\Jdglrt 1 DI1!>f70ß.4 :Hi PM Approved By Susan U~h~r 5enluI Manageml!1ltJBudg~1 Analyst Dille- CDunty Matl:ngt:fs Offlc~ Office or M.n.!lgem~nt ~ flIdÐ~f 11)/15!2.(¡D4 :I :59 PM Approved By Michael Smykow!l-kl M..nagelnent & Budget Director D... Cau~1Iy Man.aUi!'!r's Office omell {lfM.H'lag~menl &. Budget 10111112004 1():28 .AM Approved By James V. Mudd Ctluntý Man'ð}er Date Board of CQunty COlnrnl;¡¡l;lone,Sõ CO\H1ty M;m,lg~r'1i OfOce 1011&'200412:45 PM ,.~ Agenda Item No. 16C1 October 26, 2004 Page 3 of 9 TO: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 CHANGE ORDER FROM: Collier County Government 3301 East Tamiami Trail Naples, Florida 34112 Project Name: Professional Geographic Information Systems (50014) Construction Agreement Dated: April 23, 2002 Bid No.: 02-3313 Change Order No.: 2 Date: October 26,2004 Change Order Description: The Board of County Commissioners awarded Bid No, 02-3313 to three firms on April 23, 2002, BCC Agenda Item No. 16.C.10. The scope for WilsonMil1er, Inc. includes sixteen tasks. The Public Utilities Engineering Department has requested continued GIS support services for populating attributes of utility data and providing GIS training services. These tasks are on a time and material basis. Original agreement amount "......................................................................$ Sum of previous change orders amount .....................................................$ This Change Order Amount [add]..............................................................$ Revised Agreement Amount........ ..... ....... .............. ... ................. ........... ........ $ 950,125.00 69,600.00 197.239.40 1,216,964.40 Original contract time in calendar days .................................... Adjusted number of calendar days due to previous change orders "... This change order adjusted time is ...,...............,.,..,................. Revised Contract Time in calendar days.................. ..................... 364 days 160 days 548 days 1,073 days Original Notice to Proceed date .......................................................... Completion date based on original contract time................................. Revised completion date................ ... ,............. ........... .................... ....... 4/23/02 4/22/03 3/31/05 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 this 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. PREPARED BY: 10/7/01 REVIEWED BY: ACCEPTED BY: Date: ItJh 7~~ hn Boutwell, Senior V.P., WilsonMiller, Inc.' I Date: James W. DeLony, P.E., Public Utilities Administrator APPROVED BY: Agenda Item No. 16C1 October 26, 2004 Page 4 of 9 P, U. E. D. ."'iller '01. OCT -8 AM s: 00 TO: FROM: DATE: SUBJCT: Ron Hovell, Trevor Trinkhaus Jim Hunt September 30, 2004 Contract: N8233-002-000 Collier GIS Data Development Services, Request for Contract Modification Mr. Hovell, Mr. Trinkaus and Mr. Hayden This document is in reference to the existing contract, N8233-002-000, between Wilson Miller, Inc and Collier County. A status update of the current tasks and modification of these tasks is followed by a financial summary of all tasks related to this project. The requested contract modifications are to complete the fiscal year 2004 and continue work for 6 months into FY2005. The costs associated with the additional services related to this contract are outlined below. As requested by Collier County Utilities and Stormwater to input of legacy data into the system and deploying data in the field for data maintenance using the Tablet PC computer applications were developed, The following three tasks are continuing to support the data maintenance, integration and training required by County GIS Analysts. Two of the three current tasks listed below shows an increase of funds to continue work into the fiscal year 2005 (6 months), the other will continue with budgeted amount from FY2004. CURRENT TASKS GCG05 Populate Attribute Tables To attribute the features in the wastewater and water geodatabase it was necessary to bring every plan set from the county and extract the data from the plan and profile sheets, This task evolved to include as much existing data as the County could locate to further attribute the spatial data created. Wilson Miller has provided techniques to update the data using GPS when location is needed and the Tablet PCs for attribute information. The field crews of both the water and wastewater departments can now efficiently update their data while performing their scheduled maintenance tasks in the . v... 004- CMU Agenda Item No. 16C1 October 26, 2004 Page 5 of 9 field based upon protocol established by County staff and Wilson Miller, Inc. Data will continue to be adjusted in the system integrating legacy features and adding new features that are currently not included in the system and modifying techniques to transition to ArcGlS 9.0. Tasks include but are not limited to: Table Attribute Updates and Spatial Editing · Continual attribute updates for existing data · Incorporate new data into geodatabases as located · Adapt fields to match the needs for maintenance and routine inspections, Maintenance Database Development and Support · Develop protocol for maintenance routines developed in conjunction with County staff · Incorporate maintenance routines into data set Secure Platform between WilsonMiller Inc and County Network · Rules and protocols for creating connection to ArcGIS Spatial Data Engine (SDE) · Periodic review of security with connection GCTRN Utility Training Support Training support has been ongoing for the County Divisions since August 2002 and has continued for through the extent of this contract. Fiscal Year 2004 added more hands on training with the Water and Waste Water Divisions specifically on use of the Tablet PC Computer applications developed by WilsonMiller. Training classes were held for implementation of tablets for field use and more in-depth training was provided for the field technicians, These tablet PCs have enabled County staff to take ownership of their data, update existing attributes in the system and schedule not only routine maintenance but allow for reference to other parts of the system while in the field. Utilizing GPS and the geodatabases the field crews are more efficient and have their work area available without having to request information from office staff. In addition the Water Division's GIS Analyst received extensive training in 2004 to increase his ability to support the field crews and administration in scheduling and information availability. The transition to ArcGIS 9.0 proposes new techniques which will need to be included in the data maintenance procedures and will require further training. As County staff utilizes the tools available modifications will need to be made to conform to the new version of ArcGIS, Tasks include but are not limited to: Design and Development Enhancements to Tablet PC Computers · Enhance GPS connection to tablet computers as new technologies emerge . Ver:(J()4.. CM43 ---------~ -~._------ ~ -- ------. .. .-- -- -----~ Agenda Item No. 16C1 October 26, 2004 Page 6 of 9 · Field work testing to insure data is best suited for field conditions · Create the best scenario for field crews (ease of use) · Incorporate data for the Water Treatment Plants Procedures and Operational Manual · Create a step-by-step manual for field crews and Utilities GIS Analysts · Reference manual available for questions and concerns that have been identified in the field working testing portion of this application · Assign data manager tasks to check out and check in data · Training and technical support specific to field crews for tablet computer Training and Technical Support · Continued work with Utilities GIS staff in ArcMap specific to Utilities data sets · Support for field crews using tablet computers · CAD to GIS Conversion Protocols · Assist users of the system to work and edit using ArcGIS ADE ,- FINANCIAL The financial summary below is based on invoices as of May 28, 2004. The Compensation to Complete Task FY2004 column is the amount to be billed to close the fiscal year 2004 and includes all billing to September 30, 2004. As requested by the County, Compensation Remaining and Compensation to Complete Task were included to calculate the adjustment necessary, The amount necessary to complete billing for fiscal year 2004 is $25,780,00 as calculated from the table below. The proposed Compensation Adjustment For FY2005 are funds to continue, through the end of March 2005. ,- ~ Vet: QCM.. OM<> Agenda Item No. 16C1 October 26, 2004 Page 7 of 9 Contracted Billed to Compensation Date N8233-002-000 ESRIO ESRI Training Proposed Compensation Compensation Received To Compensation To Complete Adjustment For Date Remaining TaskFY2004 FY2005 Net Change $20,000.00 $9,545.00 $9,545.00 GCADD Addressing Solution $10,455.00 $0.00 $0.00 ($10,455.00) $12,000.00 $11,895.00 $11,895.00 GCEXT Spatial Data Extraction Tool $105.00 $0.00 $0.00 ($105.00) $12,000.00 $11,940.00 $11,940.00 GCG01 Hydraulic Modeling Data $60.00 $60.00 $0.00 $0.00 $12,000,00 $7,854,50 $7,854,50 GCG02 Service Laterals w/Unks $4,145.50 $2,430.00 $0.00 ($1,715.50) $85,600.01 $85,593.00 $85,593.00 GCG03 Linked Scanned Drawings $7.01 $0.00 $0.00 ($7.01 ) $12,500.00 $12,500.00 GCG04 Spatial Registration to County Base Map $540.00 $0.00 ($11,960.00) $174,600.00 $174,358.00 $174,358.00 GCG05 Populate Attribute Tables $242.00 $0.00 $0.00 ($242.00) $209,500.00 $194,605.00 $194,605.00 $14,895.00 $58,855.00 $90,000.00 $133,960.00 GCG06 Integrate Maintenance Databases $4,799.99 $4.799.99 $0.00 $0.00 ($4,799.99) GCGDD Geodatabase Design $8,000.00 $7,995.00 $7,995.00 $5.00 $0.00 $0.00 ($5.00) GCGIP Geodatabase Integration $48,000.00 $47,970.00 $47,970.00 $30.00 $0.00 $0.00 ($30.00) GCGNA Application Needs Review $4,800.00 $4,605.00 $4,605.00 $195.00 $0.00 $0.00 ($195.00) GCMAP Stormwater Drainage Atlas $101,600.00 $67,020.00 $67,020.00 $34,580.00 $18,120.00 *$16,460.00· $0.00 GCPRG Contract Programmer/Analyst ~ Ver. ()()4. ~ Agenda Item No. 16C1 October 26, 2004 Page 8 of 9 $23,000.00 $22,995.00 $22,995.00 GCSOO GPS Urban Section Corners $5.00 $0.00 $0.00 ($5.00) $248,625.00 $138,895.00 $138,895.00 GCTRN Utility Training Support $3,730,10 $0.00 $0,00 ($3,730.10) $42,700.00 $37,530.00 $37,530.00 $5,170.00 N8233-002-001 GCOOO Collier County Address Matching Enhance $0.00 $105,999.90 $105,999.90 $0.00 $36,699.00 $65,000.00 $96,529.00 $0.00 $0.00 $0.00 $1,019,725.00 $928,800.40 $928,800.40 $90,924.60 $133,164.00 $155,000.00 $197,239.40 * * Compensation Amount Rolled Over from FY2004 to be Billed in FY2005 SUMMARY There is more work to be done in all the Division's currently utilizing GIS especially in areas that are susceptible to impact from natural events. Working in GIS the needs of all users have to be addressed, thus work performed under this contract utilized input from Administrators, Engineers, GIS Technicians/Analysts, and Field Crews. With this method of development all interested parties can input their needs into the system, which in turn creates a workflow process that is documented and will become standard operating procedure, GIS will provide the County with the information tool necessary such that the County can continually provide exceptional services to their residents. Application development, data maintenance and workflow procedures are part of the overall system development and will be the forefront of future GIS work in 2005. ~!..dI...Ý ' Jim Hunt Contract Manager Wilson Miller Inc, 3200 Bailey Lane suite 200 Naples, Florida 34105 239-649-4040 I ~ Ver. Q04. OM<> Agenda Item No. 16C1 October 26, 2004 Page 9 of 9 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Fixed Term Professional Geoaraphic Information System Services (GIS) PROJECT #: 50014 BID/RFP #: 02-3313 MOD #: 2 AMOUNT OF THIS CHANGE $ 197.239.40 PO #: 205381 Work Order #: nla CONTRACT AMOUNT: ORIGINAL $ 950.125.00 CURRENT $1.216.964.40 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $1.019.725.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval June 10. 2003 Agenda Item # 16.C.9 Cumulative Dollar Value of Change Orders to this ContractIWork Order: $266.839.40 Percentage of the change over/under current contract amount 19.3 % 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. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section !lI.C.4 CURRENT COMPLETION DATE (S):ORIGINAL: April 22. 2003 CURRENT: November 18. 2003 SUMMARY OF PROPOSED CHANGE (S): The scope of work includes sixteen tasks, Wilson Miller ha~ provided a proposal for an additional $197.240.01 (time & materials) for a new total of $1.216,964,40 with a new completion date of March 31 . 2005. JUSTIFICATION FOR CHANGE (S): A contract was awarded to WilsonMiller Inc. for $950.125 on April 23. 2002 with nearlv all of the tasks on a time and materials basis. The estimated amounts for Tasks 2.1.4 and 2.1.10 have been reached but there are continuina needs for the baseline GIS data. Tasks 2.2 and 2.5 will remain unchanaed and Tasks 2.1.1. 2.1.2, 2.1.3. 2.1.5. 2,1.6.2,1.7. 2.1.8. 2.1.9, 2,3. 2.4. 2.6. and 2.7 are beina reduced for close-out. PARTIES CONTACTED REGARDING THE CHANGE: Trevor Trinkaus. PUED: Jim Hunt. Wilson Miller Inc.: Peter Havden. Stormwater: Kelsev Ward. PURCHASING: Linda Jackson. PURCHASING IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) ~ 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 RECOMMENDATION: APPROVE: ~~~ DISAPPROVE: Date: 1~};j;1 Date: COMMENTS: Revised 9/14/04 Agenda Item No. 16C2 October 26,2004 Page 1 of 9 Executive SUmmary Recommendation to award a contract for Bid No. 04-3679 to Southwest Utility Systems, Inc. in the amount of $891,225.00 for installation of a 16-inch Reclaimed Water System Interconnect from Radio Road to Davis Boulevard, Project Number 74035. OBJECTIVE: To award a contract for installation of a 16-inch reclaimed water system interconnect from Radio Road through a FPL easement to Davis Boulevard and along Davis Boulevard to County Barn Road, CONSIDERATION: The 2003 Wastewater Master Plan Update approved by the BCC on May 25, 2004, Agenda Item 10 C, includes a project for the design and construction of a 16-inch reclaimed water system interconnect from Radio Road to Davis Boulevard. The design and preparation of construction plans and specifications has been completed and an advertisement for bids was posted on June 3, 2004. Notices were sent to 126 vendors. Sealed proposals were opened on August 4, 2004, A summary of the bids received is as follows: Contractor Amount Southwest Utility Systems, Inc, $ 891,225.00 Quality Enterprises USA, Inc. 928,485,00 The Danella Companies, Inc. 1,090,766.00 Belair Builders, Inc 1,183,302.40 Florida State Underground, Inc. 1.213,692.41 Douglas N, Higgins, Inc. 1,323,120.00 Based upon a review of the proposals and qualifications by the staff and design professional (see attached recommendation), it is recommended that a contract for Bid No. 04-3679 be awarded to Southwest Utility Systems, Inc. in the amount of $891,225,00, being the lowest, qualified and responsive bidder. The design professional's opinion of probable cost was $1,270,000,00, including a 10% contingency (see attached estimate). - FISCAL IMPACT: The cost of construction associated with this award is $891,225.00. Partial funding for this obligation is available in and is consistent with the FY 05 Capital Budget approved by the Board of County Commissioners on September 23, 2004. Current appropriations are identified in the Sewer Impact Fee Fund (413), Radio Road/Davis Boulevard 16-inch Reclaimed Water Main Project (74035), Funds in the amount of $774,227.00 are currently available in the project budget for this purpose, which is consistent with that contained in the 2003 Master Plan Update, Escalating costs have contributed to subsequent additional costs related to this project. Therefore, approval of a budget amendment will be required whereby additional funds necessary for this obligation in the amount of $206,120.00 (includes 10% contingency) will be transferred to Project Number 74035. The source of funds is Wastewater Impact Fees. Agenda Item No, 16C2 October 26, 2004 Page 2 of 9 " GROWTH MANAGEMENT IMPACT: There IS no impact to the Growth Management Plan related to this item. RECOMMENDATION: That the Board of County Commissioners, Ex-officio the governing board of the Col1ier County Water Sewer-District: 1. Award a contract for Bid No. 04-3679 to Southwest Utility Systems, Inc. in the amount of$891 ,225.00, 2, Approve the necessary budget amendment to provide sufficient funds for this obligation. 3, Authorize the Chairman of the Board of County Commissioners to execute the standard construction contract for Bid No, 04-3679 after approval by the County Attorney, PREPARED BY: Harry Huber, Senior Project Manager, Public Utilities Engineering Department .."~-,, Agend;;; Hem N~) 16C2 October 26. 2004 Page 3 of 9 COLLIER COUNTY BOARD ()F COUNTY COMMISSIONERS Item Number Item Summary 16G2 Re!:omrnendl!tion ~.(¡ ilwarct Ii I;cr.lrad lot B'(! N(;_ 04·3fpn 10 SOI..'1J1'Ñ£1d IJ~itjty Sÿ\;.!crn$ l!"Ie in i'r¡¡;, amour.t of $891 ,125, QO far ¡1~gtait8tion of Ii " 6-iN;h Re.:-Iaimed Water System tr;tarcor;nect fro!'r· Radio ROi:ld;{'t Davlf Boujevard, Praje~ Number !'W35 ~.ting Date 10i26.'2UOA {<:OO no AM Prep. red By Date Hmry HilDer Senior PrO¡f>c~ Manager 1018.'2'10.1 3:59:3U PM Pub!!ç UIUlti/t$ Pubh...lJtlU\l~!> Engtnet.'ring AppfD\'cd By Jos~ph B. Che..tht!lm Wastewdtel Dlre!ctor Date Pubiic. UdUtiu Wa:steWaler Treatment 10!1-î/2G04 9:51 A.M Approved B)' Lyn WDod Purch;u;!ng AQt!1'1t Dale Admini:f.u.,ti'JC' Services. PlIfchasin" 10/12j:lUtlll 6:33 AM Approved By st~ve Came1l Purçhas.il\!31GE!tIl!:r;s1 SVCt; Director Oat!:! Admlni'StraVve Senlit.C!" Purct18sing: IQI1;l/20tJ.t\l:12 AM Approved By William O. Mulhfl, pf.'. Principal Project M.mag:~r Dõ:\le Public UIiIiU.:!s Public Umitie.s EngiMtting -10/13!1rtU4 8'.3-4 AM Approved By Thomas. Widc$ Op~t;a'iOI1S Dirn<::tor Date PUblic tlt~m'ft¡¡ Public Util1tie$ Operatíoo1i 10/13f2004 1\:53 PM Approved By Roy B. A'Id~r50", P.E. Public LJtìllj~s. f.nglnttr.rlna Dircclor Dale PuhUc UtlliUu PubUt: Ut!llfic$ EnglMr.ring 1tm../20f.t4 3:10 PM Apprond By Jam!!:!! W. Delany Pubf¡c; UtlllUh Admlfl~str.atol D3t~ Publ¡c:UliHtie$ PubUc UtUitie5 A.dmlnl:urallof\ 101151200410:53 A.M Approved By Pat Lehrotlard Adtnlnl$-!r;¡Uvr: A$-!ii¡¡tClIIt ""'" Couflly Man.aUItH'~' Of'l'lCf\ Ol'rhm of M;ul3.gcmenl &. ßl.\doot '1011!ii200.(1:19 PM Appro\'ed By Susan U"her Senl¡) M~nag~melltlaudget AI1..lysl D3.te Count)' Managr-fs. OfficI! Offict> of Mao'lgf!mant Ii. Budget 1011612U04 ~:13 PM Apprond By Michae! SmykowlI.kl M~"ag~rne~t I; Budget Dtrel:tUl Date COllnty Managf!r':õ I.)ffice Offic.e of ManagelTlMt & Budge1 iO/18l2iJI'\ 2:5!J: PM Approved By JUlTle¡; V, Mudd County MitnaQI!r Dale Board or County Cl1lßlnl$'li-ionef$ CQun'l.y fl1rmaget's OfficI!' 1(Jf18iWO,c3·.!.i\}PM HM HOLE MONTES ENGINEERS· PLANNERS SURVEYORS Agenda Item No. 16C2 October 26, 2004 Page 4 of 9 950 Encore Way· Naples, Florida 34110 . P!1011e: 239.254.2000 . Fa~: 239.254.2097 August 23,2004 Mr. Harry Huber ·Project Manager Collier County Public Utilities Engineering Department 3301 E, Tamiami Trail, Building H Naples FL 34112 RE: EVALUATION OF CONSTRUCTION BIDS RECEIVED AUGUST 4,2004 16" RECLAIMED WATER SYSTEM INTERCONNECT RADIO ROAD TO DAVIS BOULEVARD HM File No.: 2002.025 Dear Harry: We have completed a review of the six bids received by Collier County on August 4 for the referenced project. The bids were checked for mathematical accuracy, completeness and submission of required documents. The following table identifies the bid amounts from the six bidders. Bidder and Location of Home Office Southwest Utility Systems, Inc" Ft. Myers Quality Enterprises USA, Inc., Naples Danella Companies, Inc., Pompano Beach Belair Builders, Inc., Naples Florida State Underground, Inc., Naples Douglas N. Higgins, Ine" Naples Total Base Bid $891,225.00 $928,485.00 $1,090,766.00 $1,183,302.04 $1,213,692.41 $1,323,120.00 The apparent low Bid was submitted by Southwest Utility Systems in the amount of $891,225.00. The Engineer's construction cost estimate, less contingency, was $1,154,000.00. The following paragraphs identify factors associated with the apparent low Base Bid: Bid Documentation We have enclosed a spreadsheet prepared by the County which swnmarizes the completeness of all bids. As noted, the apparent low bid from Southwest Utility Systems was complete. Bid Pricing - Extension and Totals The unit prices and totals of each of the six bids are summarized on the enclosed spreadsheet. As shown in the spreadsheet, all of the bids were accurate and contained no mathematical errors. W:\2002\2002025\H Bid\20040823-HH ContractAward It.doc Naples' Fort Myers' Venice' Englewood _...____---...J Agenda Itern No. 16C2 October 26,2004 Page 5 of 9 - Mr. Harry Huber Collier County HM Fì1e 2002.025 August 23, 2004 Page 2 Bid Unit Prices The unit prices submitted by Southwest Utility Systems appear generally reasonable in light of the other unit bid prices, except for Bid Items 12 and 13. The requirement for Bid Item 12 (Core Reclaimed Water Tank) was for the Contractor to subcontract with Crom to core the water tank. The bid from Southwest Utility is less than a third of the other bidders, indicating that they did not follow this requirement. Bid Item 13 (Maintenance of Traffic) is also substantially lower than the other bidders. The total cost of these two bid items is relatively small, however, so they should be able to comply with the project requirements within their overall bid. Proiect EXDerience The project experience list from Southwest Utilities indicates extensive experience with projects of similar scope. We have been able to contact two of Southwest Utilities' references, comprising six individual projects. The references were positive for the quality of the installation, but both contacts indicated that there were some administrative problems. We also contacted Ron Dillard with Collier County, who is managing the Vanderbilt Beach Road Reclaimed Water Main project, which Southwest Utilities is installing. That project is nearly complete, and he recommended them for future projects. Based upon review of the bids, we recommend contract award to Southwest Utility Systems, Inc. in the amount of$89l,225.00. If you have any questions, please let me know. Very truly yours, HOLE MONT S, INC. ~ per III, P.E. oject Management Director, HCP:llk Enclosures cc: Lyn Wood, Purchasing Department, Collier County Mike Clough, Hole Montes W:\2002\200202S\H Bid\20040823-HH Con1rBctAward Itdoc :. Jul 26 04 lL:35a en I ~ ~ ..., o N aI o o !!I- m CII c: i :z o OJCII.WN-....¡ m 9? men'-(I) 0'- >-<""-<00 ~ø~ù,n~ §'i Ii ª=3 ...._(')'0 ;,,(11-<(1) -<1Þ"'IIAoC =ag:a3 CL - HOLE MONTES,INC. e 239-254-2097 - p.2 Agenda Item No. 16C2 October 26, 2004 Page 6 of 9 ~o -"2. ::J ::I rt_ 08_ ~ocn = ~ ~ :J:~"U'" 2.0a~ ~ It 0 a" ii' ~I:§~- N 0 .~ - :I "'::I~.. -;.,=-=ena. ca.o:e 2w ....¡.. :r!!e-I' nin..... . .ðï: $ =.. is 0 - .. =' ::I co -0 ~. ~It ~ .- .... 8 ~ I- ....¡ ....¡ -of ....Id -u l' "1J ... ... .... ... ~ , CD C» -.I <II CII . W N W ~ 41- to> N 0 W ..... .... ..... ';j ~ CIIÞ Ii ~i îl f f i ì " w ~ ~ ö¡ ~ ø¡ ø¡ ë¡õj c f ¿ ! i a- t ö . (;) :;:¡: 0 ~ ~~ I "'" if{' ~: ;: ;u f . . ¡. C Iii Ii 1 : 3- i !!!. Ii!. 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'Õ' eo~1;. è:e:¡:o.. O~_...:- (,) Q) ã> ~ ~Se~ 'E .S ~ ~ ~ . (,) :::s š: (,) Q) 0 q:,sQ::CXl - ca .... 'Q. ca o .... ... : .... a "'C ~ m f/) 'S: ca C - "'C a::: o .- "'C ca a::: c ëi :E .. CD .... ca 3: "'C CD E .- ca - (.) () a::: .. .... c .... CD 0 \I) c \I) N ... v:i .. N N. ~ b .... ... N 1/1 ItÎ ... ... c. 0 en CD C .... DQ 4It ... 0 4It 4It 4It " CÞ " C c CÞ 0 ... E :¡:; 's c ¡¡; E iii 0 ... l- I. C 0 0 z '5 GI :¡:; 0 J- U W t'T A- u :e 1j CÞ > ...... ::I W U C I. GI GI III: ct .... 1:1'1 VI Q. '''''' 'a iii c VI 0 I. C GI 0 C A- 1\:1 Q U 1-4 .... - - CD "If'"" Agenda Item No. 16C3 October 26, 2004 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to award Contract 04-3725, to Better Roads Inc., in the amount of $235,945, to relocate the entrance road to the South County Water Reclamation Facility, Project 73949. OBJECTIVE: To relocate the primary entrance road to the facility by providing a new entrance road alignment for accessing the site ITom Wildflower Way. CONSIDERATION: On May 8, 2001, agenda item 16(C)16 the Board of County Commissioners (Board) awarded a Construction Manager-at-Risk Contract, 00-3171, to MWH, Americas, Inc. (formerly Montgomery Watson Americas, Inc,). On October 9,2001, agenda item 10 D, the Board approved Amendment 1 to Contract 00-3171 for construction management-at-risk services. Amendment I established the Guaranteed Maximum Price (GMP) for construction of the South County Water Reclamation Facility Expansion Project. Change Order I, issued to provide payment and performance bonds in the amount of $139,241, was approved by the Board on July 11, 2002, agenda item 16(C)4. Addendum 1 to the Agreement, Attachment 5, Page 5-1 identifies allowance funds for a number of items that were not defined or shown in the contract, such as unforeseen subsurface conditions and construction of a new entrance roadway into the facility, which was required for the reasons described below, There is an existing entrance road located off Wildflower Way. The GMP included allowance funds in the amount of$168,500 to relocate _ this entrance road to a new alignment off Wildflower Way. This new entrance road will become the main entrance to the facility. This work wa~ one of the concessions made to a Homeowner's group as a part of Public Utilities' commitment to provide a facility that is a good neighbor, Construction of the proposed entrance road and the second equalization tank impacted the site wetlands and permits were required ITom the Florida Department of Environmental Protection (FDEP), United States Army Corps of Engineers, and Collier County. The final approval ITom Community Development & Environmental Services, for a Site Development Plan for this work was issued on April 7, 2004. In order not to impact the MWH project schedule, it was decided that the directive to perform this work would not be issued to MWH. This was acceptable to MWH. After discussion with representatives of the Purchasing Department and Clerk of Court's Finance Department, it was agreed that the allowance funds within the GMP not used for this roadway project would be reallocated and used for additional work under other allowance items. There will be funds remaining in the GMP that will be split with MWH at the completion of the SCWRF Expansion project. A final contract reconciliation of costs will be done at that time. On December 17, 2002, agenda item 16(C)2 the Board granted a conservation easement to the FDEP to comply with permit requirements related to the site wetlands, The FDEP permit requires that work be performed within the conservation easement and includes storm water management and wetlands restoration, This work will not impact the entrance road relocation, as each will be performed in different areas, one within the conservation easement, and the other outside of this easement. The work within the conservation ...-, ,.'.- Executive Summary SCWRF Entrance Road Page 2 Agenda Item No. 16C3 October 26,2004 Page 2 of 7 easement will be bid and an executive summary brought before the Board within the next three months for award of this contract. Bid 04-3725, Construct South County Water Reclamation Facility, was posted on September 9, 2004. One hundred thirty-seven notices were sent. On October 7,2004, sealed bids were opened for this project. Four bid packages were received and are listed below: Bidder Florida State Underground, Inc, Bonness Inc Quality Enterprises USA, Inc. Better Roads, Inc, Amount $ 362,213.26 $ 338,915,74 $ 255,563.45 $ 235,945.00 The bid tabulation is attached. The low bid is consistent with the consultant's, Hole Montes, current cost estimate of $ 264,000 including a 10% contingency, Hole Montes' letter dated October 8, 2004 (copy attached) states that the second low bid amount of $255,563 provides reasonable support for the low bidder's price. Staff in consultation with Hole Montes, recommends award of this contract to Better Roads, Inc, FISCAL IMPACT: Funds in the amount of$ 235,945 are available in the FY05 budget for ._. this action in Project 73949, SCWRF Expansion. Source of funds is User Fees (Fund 414). Funds for this project are included in the fiscal year 2005 Capital Budget for the Wastewater User Fee Fund, Fund 414, approved by the Board on September 23,2004, GROWTH MANAGEMENT IMP ACT: The project is included in and consistent with the 2003 Wastewater Master Plan Update as adopted by the Board on May 25, 2004, Agenda Item 10C. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District award Contract 04-3725 to Better Roads, Inc in the amount of $ 235,945, and authorize the Chairman to sign the standard construction contract after approval by the County Attorney. PREPARED BY: Alicia Abbott, Public Utilities Engineering Project Manager -.. , Agenda Ham No. 16C3 Or-tober 26, 2004 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ttem Number Item Summ.ry MHtlng 011:, 16C3 Rel;omm~'IljtlttoPlI0 øW3rd Cnntrtltl {)4·3·T25 tf) Belter Roads. ¡n~., In the DrJ'ItH.lnl of t235.S.4 5,10 relocate thl!l .ntranc. rOld 10 thl!l South GOLln!)' Water Recl..m..tion F8Cillly Ptcji!'ct 73941Q 1Q/2Bfl004 Q:OO:OO AriA - Prep.red By Dateo AUcla A.bbott, E.!. Project Manes!!'r HHlf20QII 4:2:'::44 PM Public IIlIlItlfUi Public Utllltle/i ~"gl"eet"g Approved By Jotleph B. ChdÖI8.ln W/l:titt!wøtClf DIrector ""'" PubUt: UtlllllClI Wast.WIUerTrflfltrn..nt 1QI121200.4 2;0. PM Approved By wun..m D, MullIn, PE PrlnclplIl Projac:t MIl'lltg.t Cltto P\lbllc UUlltin PubUc Utllltieti Enplntlll'rlng HJI131Z01J4 8:29 AM Approved By Lytl WO¢d Pupchll,11'I9 Agent 0... Admjnl,t"aUwe Servtcn Purchalilng 1Q!13f20tl.4ttW AM Approved By Thorn.a!J WideI' OplflmtlOf'lIl OIre(:ttH D.I~ Public Utmtt~. Public Utilities Operations 1Df13J.¡!004 .:58 PM Approved By Stl!!Vt Camell Purcoh8$ln/Onrutra¡ SVç~; OItlt(:tm Dn.. Admlnl,trar:lvc Services. Purch.,lng 10/10&.1.2U04 10:59 AM Approved By Roy 8. Anrtnr~on. P.E PlJbllc; UtIlUiIt$ EnGlner.rlnQ mrMlor eale PubU.. Utlllll",1S Public: UtlUtie$ !;:nglne4l"no tDilG/200¿1:32 AM Approved By Jllmu W, Oelany PUblic UtUtletl Adl'tllltI.trator Dllt. PublIc UUlttle.. Public UtlUtlM A."mlnl:Slrllllal'l 10tt6/20U 10:63 AM Approved By Pat Le¡hnh.rd ~ømll'1l.b..tlvlI Aullltilnt D... CalmlY Mnnl}flr'JS Qfftc~ Omen of M/JnllQftmClftI & ßudg~ 1t1J1Jj.I:2GO¿ 1:2.1 PM Approved By Sutloln U~h.1' a.nlor MIIl'lagemetlt18udget Analyst Dlte County Managltt"lo Officer OfficII of Mftnng"mftnt 8c Budget 1U/1&rl004 3:50 PM Approved By MIt:tutCIf Smykl)W50kl MllJ'lagement & 8udget Dlrectot D... Counl}' M(lnagtlr'J1 otnr.e OMç" of Milnlgnmenl & Budgltt 10/1Oo120D43:0t PM Approved By Jam.ti V, Mudd (';{I""'1y M¡lnagul' Dial. !:Soud of County 1UJ1912:(J04 8:41 PM r:nft'llnlllfoløM'U5 CQunty MllnGljlIlr'u O,.,h:;4' ,.....-. October 8, 2004 HM HOLE MONTES fNGNEERS . PlANNERS· SURVEYORS 950 Encore Way· Naples. Florida 34110· Phone: 239.254.2000' Fax: 239.254.~7. oc·r 8 - PH ~ Sit Agenda Item No. 16C3 October 26,2004 Page 4 of 7 It. U. f. D. Ms. Alicia Abbott Collier County PUED 3301 Tamiami Trail East Building H Naples, FL 34112 RE: EVALUATION OF BIDS FOR CONSTRUCTION SOUTH COUNTY WRF EXPANSION TO 16 MGD NEW ENTRANCE ROAD HM File No,: 2000.055 Dear Alicia: We have reviewed the four bids received by the Collier County Public Utilities Engineering Department on October 7th for the above referenced project. Attached is a recap summarizing the bidders' proposals. Each proposal was checked for mathematical errors, and the bids as submitted were correct. Better Roads, Inc. submitted the lowest bid of $235,945.00. The low bid amount is in line with the engineer's cost estimate of $240,000 plus contingency. The second low bid of$255,563 provides reasonable support for the low bidder's price. Better Roads has experience constructing numerous County projects, and we understand this experience has been positive, Hole Montes recommends award of the construction contract to Better Roads, Inc. for $235,945.00. If you have any questions, please let me know. Sincerely yours, HCP:l1k Enclosure cc: Lyn Wood, Collier County Purchasing Ron Benson, Hole Montes Mike Clough, Hole Montes Naples' Fort Myers· Venice j W:\2000\2000055\C1(C1ient)\hcp\20041008 aa Entrance Road ContractAward ltr.doc ~ .; ~ 1ft N ¡ C z- 2m ...,~ _. :50 jlr: n z w IL. I ~ ,-" Agenda Item No. 16C3 October 26,2004 Page 5 of 7 ~ 8 ~ 8 8 ~ ....: c:i .... ~ c:i C') .... ~ ~ "'" i <C!. CD j <'II M W Ô It) w .... w w w ¡FJ 8 ....: S c:¡ ..... 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GJ oJ oJ 'iii c E 1/1 Cl.c en GI 8< ~ C 1/1 ._ ar: 0 c .. c :::E u - :I 'a .----- Agenda Item No. 16C4 October 26, 2004 Page 1 of 15 ,,""-" EXECUTIVE SUMMARY Recommendation to Waive the Formal Competitive Bid Process to Participate in a QualServe Self Assessment and Peer Review as part of Project 72531 and Approve an Agreement between the Collier County Water-Sewer District and QualServe in an amount not to exceed $61,600. OBJECTIVE: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District authorizes the Collier County Public Utilities Division to participate in a QualServe Self Assessment and Peer Review and approves an agreement between the Collier County Water-Sewer District and QualServe for same. CONSIDERATIONS: ~. QualServe tools are based on five business systems that are typical to a utility: Organizational Development, Business Operations, Customer Relations, Water Operations and Wastewater Operations, The tools utilize 20-26 business process categories, within which samplings of best practices are examined. QualServe is based on the principles of continuous quality optimization, The tools are intended to help utilities "take a picture" of where they are today, By analyzing the results of the picture and implementing some of the changes recommended by employees and peer utilities, the utility makes progress towards a better tomorrow, Results from the Self Assessment and Peer Review can be prioritized and included in the Departments' 5-year business plan. Both of these Qualserve models are interrelated to the A WW A Benchmarking survey, which the Public Utilities Division completed in July 2004. Benchmarking affords the Collier County Public Utilities Department the opportunity to compare our water and wastewater utilities with the performance indicators of other utilities as another tool to affect change in our organization leading to optimal performance, Collier County Public Utilities is a participant in the A WW A benchmarking process. Our data will be used by the A WW A Peer Review team to identify programs to gain efficiencies and optimize the Departments' business practices, As the quality initiatives unfurl, the Public Utilities Division will experience improved efficiencies, written Operations and Maintenance (0 & M) Procedures, and a reduction in 0 & M costs. The Self Assessment and Peer Review will be conducted in four (4) specific tasks that are spelled out in the attached Agreement between Collier County Water-Sewer District and the American Water Works Association Qualserve Division. Collier County Public Utilities Division realizes the importance of quality optimization and has embarked on several projects as direct result of this initiative, Some of the other projects that are under way are an Asset Management Program (AMP) project, a Capacity, Management, Operation, and Maintenance (CMOM) project, and an Environmental Management System (EMS) biosolids project. The key goals of an AMP are to create a sustainable infrastructure, maximize investment and reinvestment in current and future assets, achieve the lowest life-cycle cost through a predictable, long-term approach. The AMP project will establish the framework for cataloging assets. The CMOM project will provide a "high level" quantified overview of the utility's status as it relates to anticipated EPA Sanitary Sewer Overflow regulation and an action plan to provide guidance for future activities as well as a optimal utility work practices study. The CMOM project will provide necessary guidance to ensure that the Collections Department has an optimized maintenance approach for wastewater infrastructure as recommended by EP A --- Agenda Item No. 16C4 October 26,2004 Page 2 of 15 Region 4, The EMS biosolids project will develop an Environmental Management System program and manual for the Wastewater Department. An EMS is a continual cycle of planning, implementing, reviewing, and improving the processes and actions that an organization undertakes to meet its business and environmental goals. Some of the benefits that the Public Utilities Division will experience as a result of these quality programs are improved environmental perfonnance, enhanced compliance, reduction in risk, enhanced employee morale, and an enhanced image with the public, regulators and lenders, Gains in internal efficiencies reduce costs, The QualServe tools will play integral role in the effectiveness of the other quality programs that are in progress, The use of excellent utility business practices will ensure that this utility is achieving the best operating and investment value possible for the ratepayer. QualServe is offered jointly by the American Water Works Association (A WW A) and the Water Environment Federation (WEF) to help water and wastewater utilities improve perfonnance and increase customer satisfaction on a continuing basis, The American Water Works Association (A WW A) is an international nonprofit scientific and educational society dedicated to the improvement of drinking water quality and supply. Founded in 1881, AWWA is the largest organization of water supply professionals in the world. Founded in 1928, WEF is a not-for- profit technical and educational organization. WEF members are from varied disciplines including wastewater services management and they collaborate with staff to realize the WEF vision of preservation and enhancement of the global water environment. The WEF network includes water quality professionals from 79 Member Associations in over 30 countries. QualServe provides two powerful tools - Self Assessment and Peer Review - to help the participating utility identify what it does well and where it can optimize perfonnance. 1. The QualServe Self Assessment tool is a survey of the participating utility's employees to acquire the "insiders'" opinion. Participants can offer helpful narrative comments, The QualServe staff processes the results of the survey and a full report is provided to the participating utility. The results indicate how the utility's employees feel the mission of the utility is being carried forth. 2, The Peer Review tool is an on-site visit by volunteer utility professionals to obtain the "outsiders'" view, The peers prepare for 2-3 months prior to a fast-paced 5 day visit. On-site, they conduct interviews, tour facilities, and prepare a final customized report conveying their experienced views of utility strengths and opportunities for improvement. Peer Reviewers are nationally known utility experts who are trained to conduct the on site reviews, 3. A WW A is the sole source supplier of the QualServe Self Assessment and Peer Review tools. 4, Cost comparisons of QualServe fees paid by like entities for Self Assessments and Peer Reviews are on target with the fees proposed for Collier County. A WW A recently conducted two peer reviews of similar sized water and wastewater utilities with the same level of review. A utility located in Augusta, GA paid $48,000 for their Peer Review and $8,000 for their Self Assessment and a utility located in Henderson, NV paid $50,000 for their Peer Review and $8,000 for their Self Assessment. 5. This project is consistent with the Water and Wastewater Master Plan Updates approved by the Board on May 25, 2004, Agenda Items JO(C) and 10 (D), "'0-'" Agenda Item No. 16C4 October 26,2004 Page 3 of 15 FISCAL IMPACT: Total expenditures for this agreement are estimated at $56,000 along with an amount not to exceed $5,600 for other related expenses. The funds for this project are currently appropriated in the FY05 Wastewater Capital Project Budget, Project 72531, which was approved by the Board on September 23, 2004. The source of funds is Wastewater User Fees. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: Recommendation that the Board of County Commissioners as the Ex-officio Governing Board of Collier County Water-Sewer District waive the formal competitive bid process to authorize the Public Utilities Division to participate in a QualServe Self Assessment and Peer Review and approve an agreement between the Collier County Public Utilities Division and QualServe. That the Board of County Commissioners as the Ex-Officio Governing Board of the Collier County Water-Sewer District authorize the Chairperson to sign the Agreement between the Collier County Water-Sewer District and A WW A QualServe after approval by the County Attorney, PREPARED BY: Marisa Garcia, Wastewater Operations Analyst. .- AgemJa tam No. 1604 October 26. 2004 P.~e 4 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Numb.r Itam Summlry 16(;4 M..t:lnSl Data Re~O,"'lrr1MdÐtnn j<J W.li\l'1I th~ FI)rmul (;orr·II11ltivo Bid ÞrC¡t;1I$5 1(\ Partlclp!llf in ;1 aIJII15~r""" Self Aauumenl and Pur Review.so pert of PrOlect 72531 and Approve an Agreem&~t betv.raen th. Collier County W.ter-Sewer DI..lric~ ..nd Q\Je!Berve in an ..mount not It! exceed $0'1,600 10126rJ004 tI:OO:OO AM Prepared By O.te Møfisa Gorcia Opl'r.nöøn.s Analyut 1{)f11/2004ø:11:3I1AM Publ~c UDllti.. WuteWilte' Apprond B" Jo~aøh R. ChlMtnam Wutewater Director DatI< P\lbUç Utlllliea W~uU.W'lerT'iMt"lft"' 1Di11f2Q049:ð()AM Apprond By tyn Wood PlIrehaslnQ Agent D... Admlnl.øtröUvCl' 8or....iC'lls PUfch#:Iolng 11)/12120"" 8',38 AM Approved 8y Paul M.ttDu"oh Woll,..Dlr~tot D... PubUc Utllltlf!1i W.tðr 10/t2J2UO¡ 10:,)1 AM Approved By ThunlaK Wide!> opcmttlt'll\lI Dlre,;tot Dale P\lbUccUtlHtl~1 Public Utlllt(Is CJpctratJDns 10fH/lODe 6:2.4 PM Approved By John A. Yønkouky tJtlll1y Billing DltClr.lor Oøtr. Public Utllltlfl. vacs 10/13120041 :010 PM Approved B)' S~r.\'CI earn"1 Pur~n.lI¡nU/GeIlClr,,' 91.'r... Ollllll::lor Dale Admlnlatr.tive SeMcf:s Purchasjn{,! 10lUl20U4 HI:59 AM Approved By Roy S, And~non, p,e, Public UtllltJCls Enalnllfl'rlng DltltCtor D." P\lb!ic:Ul\lltilt$ PI/bUD UtJlltlflli E'nD¡r¡ClIUit!~ i0l1(12oo4 2:21 PM Approved By James. W. DeL.ony Public. Utilities Adminl,tnltot I).te PþDtlç UtllIlI05 PubUc: Utllltlft$ Admir¡tlltfation 1Q/1.~12DnA 10:52 AM Approved By Pat !..ehnn,¡ud Admllllstrilu....tI As."t.nl D.te County Manugl'r'. Ol'tlce OMce of Mmuu;1..maJ\t" Budgtlt 10/16/2004 U/3 PM Approved By &u 104n U,¡h.r Senior Man_OttftulntlDudget AnillYlit Oate t':ounty Mønapor'1I omce OfflclII of MllnaQlI'ment .. fhldjlfH 10/15120041:43 PM Approved By Mlc.hael S"'IytloWttkl MlClaOflmClnl & n\ldget Dlrlll<:lor 0... c.ounty M.nngll!r'1. Otnt:i!I' Offh:e or MlnOljlIImant", Budget 1 Df1 &12004 1 :58 PM Approved By J..mfl$ V, M\ldd County Mllnitg'lIf 0... Board of County 10115/20U4 5:23 PM CðmmluløunF/ô county Mllnagnr's omot ._.._-~~-~_..- Agenda Item No. 16C4 October 26, 2004 Page 5 of 15 QUALSERVE™ SELF-ASSESSMENT AND PEER REVIEW AGREEMENT TIßS AGREEMENT is made and entered on the 2§.Sh day of October. 2004 by and between the AMERICAN WATER WORKS ASSOCIATION (A WW A)_ d/b/a Qualserve, clo American Water Works Association, 6666 West Quincy Avenue, Denver, CO 8023S (hereinafter called Program Aministrator)_ and the Board of County Commissjoners of Collier County. Florida, Ex..()fficio The Governing Board of The Collier CountyWatér-Sewer District, 3301 East Tamiami Trail, Building H Public Utilities, Wastewater Department. Naples, FL 34112 (hereinafter called Customer), NOW, THEREFORE, and in consideration of the mutual covenants contained herein, the Program Administrator agrees to provide materials and services for a iself-ùsessment and a peer review to be conducted in accordance with current QualServe program guidance and procedures. QualServe is a copyrighted program offered jointly by the American Water Works Association (A WW A) and the Water Environment Federation (WE F). QualServe provid.es tools to assist water and wastewater utilities with improving performance and increasing customer satisfaction. This Agreement sets forth the full expectations of the Customer and the terms and conditions by which A WW A, as Program Administrator, will provide these services. I. UtlUty Prome The information shown on Attachment 1 bas been submitted by the Customer and contributes to the design of services and reports. n. Pricinga.d Payment Based upon the information in the profile, the Program Administrator agrees to provide the requested services for the total fees of$~.OO (US) for the self-assessment and $48.000.00 (US) for the peer review. These fees are based upon factors such as A WW A and WEF membership status. and utility size, This pricing is based also upon a maximum of 1 00 utility employees participating in the self-assessment, and a review team of .2. peers and 1 peer team facilitator on site for a maximum of ~ days, including the expanded out-brief mg. Fees are premised upon the following payment schedule. T~l . CustomerlProgram Administrator execute the Agreernci1t ~ the c:uatOrner reviews the 300 question assessment, finalizes the document and we (Qualserve) receive 100 copies in the mail. Customer shall pay Program Administrator a fee of $4,000 (US) within 30 days after receipt of an invoice. This fee covers the entire scope detailed in Task 1. Task 2 . . Customer conducts the self-assessment, retums forms to the Program Administrator. ProgramAdminiStI1&tOt compiles the data and submits a final report to the Customer. ~sba11pay~~a:fee of$4,000 (US) within 30 daYs after receipt of an invoice. This fee covers the enttre scope detailed m Task 2. Task 3 d kl" f" f¡ . Program Administrator prepares peer review guidance documents fo~ cu~tomer a~ chee ~ 1St 0 III onnatlOn required for peer review. Program Administrator sends peer selectton mf~nnatI011 to Customer. ~~ogram Administrator and Customer agree on the selection ofthe 5 member :~er Review tea~l. Program Adn:mlstrator makes travels preparations for peer review team. Program Adm1mstrator ~o~rdtnates Peer R;V1CW team preparation needed to make the site review. custom~r shall pay p~()gr~m Ad~mlstrator a fee of$_4,000 (US) upon receipt of an invoice. This fee covers the entIre scope detailed m Task 3. Page 1 ofl 0 Agenda Item No. 16C4 October 26, 2004 Page 6 of 15 Task 4 Program Administrator conducts a 5-team member, 5-day peer review of Customer's Utilities and submits to Pub1ic Utilities Division Senior Staff a final report. Customer shall pay Program Administrator a fee of $24,000 (US) within 30 days after receipt of an invoice, This fee covers the entire scope detailed in Task 4. Payments can be made by check payable to "The American Water Works Association (for QualServe). Send all payments to the A WW A QualServe Program, 6666 West Quincy Avenue, Denver, CO 80235. Any written n.otice required or pennitted by this agreement may be delivered by depositing it in the United States Postal Service mail, postage prepaid, return receipt requested, addressed to the party(ies) at the addressees) first written above. The tenn of this agreement shall be for one (1) year from the date of execution by the last party to si~ this alZreement. Extension shall be based on negotiated conditions and written approval by authorized officers of each party hereto. III. Program Materials The following program materials are needed by the Customer to plan and participate in QualServe. Two copies are provided to utilities when they begin negotiating for services. Additional copies are provided at appropriate times. If additional copies are needed for the Customer's own use, they can be photocopied, or call the Program Administrator to request additional copies. A. The Qua/Serve Program Brochure provides basic, overview information. ~. I B. Guidance for Participating Utilities provides information the Customer will need for preparing and conducting the self-assessment and peer review. It also provides basic background information on QualServe and suggests how results might be. used. C. Complete Self-Assessment Survey Options is used for negotiating the content of the actual survey which will be custom printed by the Program Administrator and provided in the appropriate numbers and time frames shown elsewhere in this Agreement. D. Guidance for Peer Reviewers outlines the preparations and process followed by the peer review team. It, along with the Guidance for Peer Team Facilitators, is provided to the Customer so they understand how others are preparing for and will conduct the peer review at their utility. E. Guidance for Peer Team Facilitators is used as reference by the Program Administrator employees who serve as process keepers for each peer review. F. A Communications Guide is provided with basic tools to help the Customer communicate its participation in QualServe. Included are items such as sample notices, press releases and logos in both hard copy and electronic fonnats. IV. Schedule f The Program Administrator will ship guidance and survey materials the week of November 15.2004. The Customer will conduct the survey the week of November 29,2004, and return the completed surveys to the Program Administrator using a 2-day delivery service such as UPS or F edEx, The Program Administrator will process the survey and return reports to the utility within 30 days of receipt. The Customer choices for the peer review are the weeks of March 14, 2005 (preferred), or March 22, 2005 (alternate). See the Guidance for Participating Utilities for a typical schedule of preparatory and on-site Page 2 of 10 Agenda Item No. 16C4 October 26, 2004 Page 7 of 15 activities important to a successful peer review. The Program Administrator will work with the Customer to identify a peer team and confirm final the dates for the review by December I, 2004. V. Participating Utility Commitments A. The following individuals will serve as the key utility contacts with the Program Administrator throughout the self-assessment and peer review and is authorized to make decisions on behalf of the Customer throughout the process: Name: Tom Wides Title: Public Utilities Division. Fiscal Operations Director Mail Address: 3301 East Tamiami Trail. BldlZ H. Naples. FL 34112 Phone: (239) 732-2553 Fax: (239) 732-2526. E-mail: ThomasWides(ákolliergov,net Name: Joe Cheatham Title: Public Utilities. Director. Wastewater DeDartrnent Mail Address: 10500 Goodlette Road. NaDles. FL 34109 Phone: (239) 594-1731 Fax: (239) 597-3504. E-maiI: JoseDhCheatham@coIIiergov.net WHEREAS, the Customer agrees to participate in the Qual Serve program consistent with the terms of this Agreement and other written and oral guidance provided by the Program Administrator; and WHEREAS, the Customer agrees to use the names and logos associated with the QualServe program only as authorized by the Program Administrator in guidance, implementation tools, and other products -- that is, as outward signs of an internal commitment to vigorously pursue continuous improvement and customer satisfaction in all work of the Customer. Under no circumstances will participation in QualServe be represented as compliance with a set of standards, or as indication of certification, a high level of achievement, or superior perfonnance except as specifically authorized. The Program Administrator reserves the right to authorize all usage of Qual Serve materials. Unauthorized sale or distribution of Qual Serve materials, without the prior written consent of the QualServe Program Manager, is not allowed; and WHEREAS, the Customer agrees that the self-assessment report and data will not be used to purposefully identify individuals and that the self-assessment will not be used to initiate an adverse action against any employee; and WHEREAS, the Customer recognizes the importance of having as many as possible of its executive, management and other key staff available during the course of the peer team visit, and will strive to have these people available for active participation throughout the peer review process; and WHEREAS, the Customer understands that the QualServe peer review program is staffed largely by volunteers from water and wastewater utilities, the Program Administrator invites the Customer to support this program by naming a volunteer peer candidate(s) from its own staff for any of the peer team positions consistent with the services it provides. Multiple copies of Attachment 2 can be used for these nominations, If caned upon by the Program Administrator to serve as a peer, the Customer agrees to provide each volunteer time to participate in peer training and to perfonn at least two peer reviews within reasonable period of time following that training (not more often than once per year and typically over the course ofa 2-4 year period). The Program Administrator will reimburse each peer for expenses, consistent with those authorized in the Program Administrator's volunteer travel policy, while attending peer training and while traveling in support of a QualServe peer review; and WHEREAS, the Customer agrees to evaluate its participation in the QualServe program using materials provided by the Program Administrator. The evaluation typically consists of a one and one-half hour oral and written session scheduled to follow the peer review out-briefing. The session will be conducted by the Peer Team Facilitator. The evaluation will focus on the substance and process of the self-assessment and peer Page 3 of 10 Agenda Item No. 16C4 October 26, 2004 Page 8 of 15 ."-', review programs, and on the Program Administrator's service and support for the Customer during the course ofits participation in the QualServe program. Key members of the Customer's staffinvolved with conduct of the self-assessment and peer review, utility executives, and senior managers will participate in the evaluation; and WHEREAS, the Customer recognizes that it will bear incidental costs of program participation not included in the fees, primarily to support ofthe peer team while at the Customer's facilities. Included are: space for the team to meet privately during the day; use of phones, copiers and fax machines incidental to the visit; lunches delivered to the facility for the peer team each day; and costs associated with hosting the peers at all events such as a tour of Customer's facilities and a post in-briefing social. VI, Program Administrator Commitments A. Self-Assessment 1. Before the Self-Assessment Survey: The Program Administrator will: (a) assist the Customer with detennining the demographics for the sample of employees who will be respondents, (b) help the Customer decide on the appropriate best practice topics to be included in the survey, (c) compile and print the appropriate numbers of the survey, and (d) ship the survey to the Customer in time frames consistent with the schedule. 2. While the Customer Prepares for and Conducts the Self-Assessment: The Program Administrator will be available to answer questions throughout the process. If the Customer trains survey respondents beforehand, the Program Administrator can assist by providing a representative to assist the Customer's staff by phone and answer questions or otherwise participate in that session. Demographics consistent with the Program Administrator's analyses and report wiU be collected as part of the survey. These will be limited to major organizational unit of assignment, manager I non-manager status, and whether employed by the utility for more or less than 3 years. Accuracy is essential and can be enhanced if the utility closely follows recommendations in the guidance. 3. Processing Survey Data and Narrative Comments: The Program Administrator will process each individual survey, prepare a standard report for the appropriate business processes, and provide the Customer with five (5) bound copies of the report and one color iUld ~ black and white copy suitable for photocopying, The analyses and report will be completed within 30 days of receipt of the surveys by the Program Administrator. Legible narrative comments will be typed verbatim, organized by business process category, and included as an appendix to the report, provided that they are in good. taste, Comments containing attacks against individuals andlor vulgarities will be purged, or edited by the Program Administrator if in its judgement, the message may be helpful to the Customer and the meaning can be retained while removing such characteristics, The Program Administrator will process best practice data in the following way: a. Each Customer will be assigned a number that will allow data to be preserved during analysis and for entry into the multi-utility database. b. Each individual survey wil1 be randomly assigned a number useful for distinguishing that survey for quality control and for analysis. r c. Demographic infonnation and responses to each best practice statement will be Page 4 of 10 --,."--...-.-,. Agenda Item No. 16C4 October 26, 2004 Page 9 of 15 entered into the database for each respondent. d. Reports will be generated using standard analyses. Tables and histograms (bar charts), along with brief written observations by the analyst, will include: Primarv Analvses Usin¡z Data from All Respondents (1) Overall results with frequency distribution of responses by business process category (2) Adjusted composite scores by business process category (3) Standard deviations of adjusted composite scores by business process category (4) Percentages of "No response" by business process category (5) Adjusted overall mean scores for each best practice statement (6) Individual best practice statements indicating strengths (one point or more greater than average scores for that business process category) (7) Individual best practice statements indicating opportunities for improvement (one point or more less than average scores for that business process category) (8) Overall percentage of "no response" for each best practice statement Secondary Analvses Using Subsets of the Survey Data (9) Labor / Management comparison of adjusted scores (10) Labor / Management comparison of "no response" rates (11 ) Tenure comparison of adjusted scores (12) Tenure comparison of "no response" rates (13) Departmental comparison of adjusted scores (14) Departmental comparison of "no response" rates (15) Adjusted mean scores for each best practice statement with separate presentations for management, labor, tenure less than 3 years, tenure more than 3 years, and for each department (16) Percentage of "no response" for each best practice statement with separate presentations for management, labor, tenure less than 3 years, tenure more than 3 years, and for each department 4. Upon Completion of the Survey: The Program Administrator will respond to questions from the Customer relative to the report. Completed survey booklets will be retained by the Program Administrator for a period of six months after the completion of the self-assessment report. They will then be destroyed. 5, Multi-Utility Summary of Self-Assessment Surveys: Once self-assessment data is available from at least 20 utilities with similar profiles. the Program Administrator will prepare a composite report, that may be useful as an assessment tool, using a format similar to that in paragraph VI.A.3.d, above. This composite will be updated periodically to reflect data from the most recent 20 or more self-assessment surveys completed by utilities. A copy of the latest report will be provided to each participant at the time their survey results are returned. Utilities participating in the program before there is sufficient data to construct this report will be subsequently sent a copy of the first composite report. Page 5 of 10 Agenda Item No, 16C4 October 26, 2004 Page 10 of 15 B. Peer Review 1. Team Size and Review Period: The Program Administrator will provide a team consisting of -.i-trained peers plus one facilitator to conduct the on-site review beginning with a tour of the Customer's facilities (usually scheduled for Sunday morning) and ending with an out-briefing, discussion session, and strategy session on the last day of the review (Thursday). 2. Customer's Role in Peer Team Selection: The Customer will be consulted on the team make- up. If the Customer shows cause why a member of the team proposed by the Program Administrator will be unable to effectively function in that capacity, the Program Administrator will seek an alternate, 3. Peer Pre-visit Preparations: The peer team will arrive pn-site prepared for the visit, having reviewed and discussed documentation provided by the Customer, and with team member responsibilities assigned. The peer term will facilitate and lead both the in and out briefings. 4. The On-Site Review: The review will consist primarily of interviews with the Customer's managers and some staff, and may include facilities visits and reviews of the Customer's processes, information management systems, etc. These activities will be scheduled between the hours of 8 :00 AM and 5 :00 PM, unless otherwise agreed to by the peer team and Customer's staff. 5. Availability of Peers While On-Site: The peer review process is time-intensive. With the exception of the evening of day one (Sunday), peers will use evenings for team meetings and preparation of the final report. -- 6. The Peer Team Report: Copies of the final draft report wilI be available for review by the Customer's senior managers on Wednesday afternoon, typically by 2:00 PM. The Customer's Public Utilities Administrator and senior managers and the peer team leader will meet at/around 3 :00 PM to discuss team findings and to identify eITors in fact and wording that may be inappropriate. The peer team will consider these in a final meeting and make such changes, as the team deems appropriate. The Customer will be provided with a finat report, ready for photocopying and distribution to utility staff, prior to the out briefing. Five copies of cover and binding materials wil1 also be provided for the Customer to assemble formal copies. The peer team report will be based on a "Strengths" and "Opportunities for Improvement" model, with primary focus on identifying a few of the key strengths and a few key opportunities for improvement for each business process category, and for overall utility operations. At its discretion, the team may aggregate reports for related business process categories, especially when they have few comments for these related review topics. 7, Peer Team Availability Following the Review: Peers will retain a copy of the final report for three months following each review. Documentation provided by the Customer for use by peers will be left with the Customer at the out briefing, or discarded by each peer within these three months. Peers will be available by phone to answer questions from the Customer about the final report throughout this three-month period. r 8. Confidentiality: The Program Administrator and the peer team will hold the substance of both the self-assessment and the peer review in confidence except as authorized by the Customer. If inquiries are received, the Program Administrator and peers will screen those inquiries, and if deemed appropriate, refer the inquirer to the Customer's self-assessment or peer review contacts, The Program Administrator encourages utilities to share infonnation from QualServe openly with its customers and the public. The Program Administrator may, at its discretion, report basic information such as participation by the Customer, dates of participation, and key Customer participants, Page 6 of! 0 Agenda Item No. 16C4 October 26, 2004 Page 11 of 15 VII. Other Terms and Conditions A. The self-assessment and peer review wiU be conducted in accordance with processes described in current program guidance materials. As Program Administrator of the QualServe program, A WW A reserves the right to modify these processes and materials and will be the final authority on interpretation and use of all QualServe processes and materials, B. A WW A member utilities and WEF corporate members will receive preference to participate when capacity is at issue. However, once an Agreement has been signed by both the Customer and the Program Administrator, utilities will have access to the services covered in chronological order based upon date of acceptance of Agreements by the Program Administrator. C. The Program Administrator's capacity for enrolljng participants, processing self-assessments, selecting and training peers, and assembling peer teams is Umited. The Program Administrator will make a good faith effort to meet the dates committed to in this agreement; however, the uncertainties listed here and unforeseen events may create delays. If such delays are unacceptable to the Customer, the following shall constitute its exclusive remedies: 1. If the self-assessment process has not progressed to the point of shipment of materials to the Customer, the Customer may elect to reschedule or ask for a full refund of all fees paid to date for the self-assessment. If a refund is requested, and a self-assessment has not been conducted within the past 12 months from the date of execution of this AlZreement. the peer review will also be canceled and any fees prepaid for it will be refunded as well. 2, If materials for the self-assessment have been shipped, whether or not the survey has been conducted by the Customer, no refund for the self-assessment will be allowed, but the Program Administrator will work with the utility to reschedule the survey for another time. 3. If the Customer fails to complete portions ofits self-assessment in accordance with dates in this agreement, or in concert with program guidance, the Program Administrator reserves the right to delay processing the survey analyses and report until other surveys that are proceeding according to schedule have been processed. 4. If the Program Administrator fails to agree to dates and provide a peer team within 60 days prior to the later of the review periods requested in this agreement, the Customer shall have the option of rescheduling the review for a different time frame or receive a full refund of all fees paid to date for the peer review. 5. Peers are volunteers contributing their time and experience for the good of QualServe and participating utilities, From time to time, emergencies may arise that make it impossible for a peer to follow through and participate in a review for which he or she is scheduled. Under such circumstances, the Program Administrator will notify the Customer immediately and work to reach an acceptable resolution. Remedies include: (a) the remaining members of the peer team will conduct the review if they believe they can do a credible job for all business process categories within the scheduled time frame or by adding one day to the site visit; (b) the Program Administrator will add a peer to the team and the review will proceed as scheduled; (c) the peer review will be rescheduled. The Customer agrees to cooperate with the Program Administrator toward reaching a solution that provides a quality review for the Customer while minimizing loss of sunk costs and added expenditures experienced by the QualServe program. Cancellations and refunds wilJ be avoided if at all possible, 6. If one or more members of the peer team must withdraw once the team has initiated travel to the Customer, the review shall proceed as planned. If remaining members of the peer team can Page 7 of 10 Agenda Item No. 16C4 October 26, 2004 Page 12 of 15 remain on site for one extra day, they will do so and there will be no adjustment of fees. If the remaining peers cannot extend their stay, and the Customer believes that the value of the review has been significantly diminished, the Program Administrator will reimburse a percentage of the peer review fee equal to the reduction in the size of the peer team as defined in paragraph VI.B.1, 7. In no event shaH the Program Administrator be liable to the Customer for its perfonnance or non- performance of any tenns or conditions of the Agreement in an amount exceeding fees paid by the Customer for that service under this Agreement. D. Emergencies interrupting availability of the Customer will be accommodated to the extent feasible. Ifan emergency arises that is outside control of the Customer, and participation in the self- assessment and/OJ::' peer review must be delayed, the Program Administrator will work with the Customer to reschedule and make adjustments as follows: 1. If administration of the self-assessment must be delayed, it wìl1 be rescheduled for completion within three months of the original schedule. 2. Ifthe schedule for the peer review must be changed from the dates shown in paragraph N. of this Agreement, and a peer team has not been assigned, there will be no additional fee. 3. If the peer review is rescheduled after the peer team has been accepted by the Customer, the Program Administrator will recover any non-refundable costs associated with planning for the review (travel expenses, hotel deposits, etc.) and a fee of$2,500 shall be paid by the Customer to cover additional administrative costs. E. Cancellations by the Customer: 1. If the Customer elects to cancel the self-assessment, a cancellation fee of$I,OOO.OO shall be paid or wi11 be deducted from any refund due the Customer. If materials for the self-assessment have been shipped to the Customer, no refund will be allowed. If no self-assessment has been completed by the Customer within the previous twelve months, the peer review will also be canceled. 2. If the peer review is canceled by the Customer under any circumstance, including that necessitated by paragraph VII.E.l., and it is not rescheduled as described in paragraph VII. D., the Program Administrator will recover all costs associated with the review plus a cancellation fee of $1,000,00. 3, Fees prepaid by the Customer will be returned to the Customer less the total amount of any costs accrued by the Program Administrator and other fees set forth in this Agreement. F. Indemnification and Liability Insurance To the fullest extent pennitted by law, the Customer, the Program Administrator, and WEF each agrees that it is responsible for the respective entity's or individual's own actions under this Agreement. Each party agrees to mutually defend, indemnify and hold the other parties, their elected officials, officers, employees, and agents hannless from and against any damage incurred by the respective other party arising from the respective promising party's perfonnance under this Agreement but only to the extent caused in whole or in part by the negligent acts or omissions of the promisin!Z party (Customer, the Program Administrator, and WEF. as the case mav be) anyone directly or indirectly employed by them or anyone for whose acts they may be legally liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Page 8 of 10 Agenda Item No. 16C4 October 26, 2004 Page 13 of 15 Each party agrees to maintain policies of insurance as set forth below sufficient in amount and scope to protect against the risks and harms reasonably associated with the Program and fulfill the obligations each party incurs under this Agreement or have self-insurance to meet this insurance requirement. Such policies shall be maintained in full force during the entire term of this Agreement. Each of the parties agrees to give the other parties a forty-five (45) day prior written notice of the cancellation or non-renewal of any such policies. A. Workers Compensation - Coverage A - Statutory; Coverage B - $500,000/$500,000/$500,000 B. Commercial General Liability - $1,000,000 Each Occurrence, $2,000,000 General Aggregate, $2,000,000 Products/Completed Operations Aggregate, $1,000,000 Personal Injury. General Aggregate shall apply on a "per project" basis. Each of the other parties to this agreement shall be named as Additional Insureds, Coverage to be written on an occurrence form. C. Automobile Liability - $1,000,000 Each Occurrence. Hired and Non-Owned Auto Liability coverage to be included. G. Employment Status of QualServe Peer Team The services of this Agreement shall be performed by the Program Administrator or under its supervision. It is the express intention of the parties that the Program Administrator, its staff, and its volunteers are not employees, agents, joint venturers, or partners of the host Utility, Nothing in this Agreement shall be interpreted to create the relationship of employer and employee between the Customer and the Program Administrator, its staff, and its volunteers. Further, the members of the peer team participate in the peer review as volunteers and receive no compensation from the Program Administrator or the Customer for this volunteer activity. H. Changes to the Agreement This agreement constitutes the entire agreement between the parties hereto and supersedes all prior understandings, representations, oral negotiations and written correspondence, and no representations, understandings or agreements have been relied upon other than those specifically set forth herein, This agreement shall not be altered, modified or amended except by written instrument duly executed by the authorized officers of each party, Furthermore, this agreement inures to the benefit of and is binding upon each of the parties hereto, their respective successors and assigns, subject to annual approval by Customer's Board of County Commissioners. This agreement shall be construed in accordance with and governed by the laws of the State of Florida. Furthermore, both party(ies) agree to quickly notify each other of circumstances that are likely to result in a change using telephone, E-mail, facsimile, or express mail services as soon as those conditions are recognized. Contact with the Customer will be through the key contact shown in paragraph V.A. of this Agreement. Contact with the Program Administrator will be at the following address, telephone and fax: QualServe Program Manager AWWA 6666 West Quincy Avenue Denver, CO 80235 Phone: 303-794-7711 Fax: 303-794-6303 VIII. Attachment 1 - Utility Profile Page 9 of 10 Agenda Item No. 16C4 October 26, 2004 Page 14 of 15 IN WITNESS WHEREOF, the parties have subscribed their hands and seals for the day and year first above mentioned. TWO WITNESSES: .7 .7 \. . /1 ~ (/~~ /. /7}Á t·,~~-_.._,· First Witness ¡J¡Îú/../1 111¡j¿·~túJFlrA/E TypelPrint Name /7( ~ 1)/ ¿1H,v Second Witness j..,ç¡¿¿¡.¡ l,vé O£ßt'£1( Type/Print Name ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, By: Deputy Clerk By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney Page 10 of 10 ,,,.-. .',' """,.'" ~i'\¡: A.:d~!~;i;i~:ii~~L:::-~'!;;,'~:>0.~;':¡>.:;;.H 'j" .--,'~'; QualServe Participating Utility ProfIle Utility Name: Comer Countv Public Utilities Divi&ion Name of Division Administrator: James W. DeLony Mailing Address: 3301 East Tamiami Trait. Bldg H Naples. FL 34112 Street Address: (If different) Phone: (239) 732-2540 Fax: (239) 732-2526 E-mail: IimDeLonv(cùcom~v.net Ownership: _ Investor X Public _ Other (specify) Services: X Water X Wastewater _Other (specify) A WW A Member No. ~ WEF Member No. 1458565 Non-member. Membership Status: Agenda Item No. 16C4 October 26, 2004 Page 15 of 15 Attachment 1 to Agreement Population Served: 159.510 Water Connections: ~ MGDWastewater(ave. flow):~ Water Characteristics: _ Swface Water _ Ground Water X Purchased _ Wholesaler _Other_ Wastewater Characteristics: X Collect and Treat _ Collect Only Employee Breakdown: Major Organizational Unit Total Employees in Unit 38 21 4 6 105 123 297 Attaclunent I Intercept and Treat Only Total Maugen in Unit 3 4 1 2 5 6 21 Agenda Item No. 16C5 October 26, 2004 Page 1 of 9 - EXECUTIVE SUMMARY Recommendation to amend Professional Engineering Sen'ices Agreement witb Malcolm Pirnie, Inc. for tbe Soutb County Regional Water Treatment Plant, 8 MGD Reverse Osmosis Expansion (SCRWTP), Contract 00-3119, Work Order # MP-FT-04-03, in tbe amount of $600,000, Project 70054. OBJECTIVE: To provide additional project management assistance services for the completion of the construction of the new reverse osmosis facility and deep injection wells for the 8 MGD (million gal10ns per day) South County Water Treatment Plant (SCRWTP) Reverse Osmosis Expansion project (the Project), pursuant to Contract 00-3119. CONSIDERATIONS: On April 10, 2001, Agenda Item 16(C)9, the Board approved and entered into an agreement with Malcolm Pirnie, Inc. (Malcolm Pirnie) to provide Professional Utility Engineering Services in all phases of any Work Orders authorized under this Agreement (Miscellaneous Utility Services Agreement). On July 19, 2004 Work Order # MP-FT-04-03 was executed to provide project management assistance to the County during the evaluation of the status of the Project and determination whether the General Contractor could complete the construction of the Project in time to meet the peak demand season starting December 31,2004. Work Order # MP-FT-04-03 also provided for project management assistance during the Notice to Cure period initiated on June 29, 2004 and the Notice of Termination issued to United Engineering Corporation (UEC) dated July 13,2004. ~ Malcolm Pirnie continued to provide assistance during negotiations with Wharton Smith, Inc. resulting in a contract to complete construction of the Project dated August 17, 2004. The Contract with Wharton Smith, Inc. called for Substantial Completion of the Project by December 31, 2004 and Final Completion of the Project by May 1, 2005. Work Order # MP-FT-04-03 authorized Malcolm Pirnie to continue providing project management assistance services to the County during negotiations regarding the scope of work and budget amount with Metcalf & Eddy for engineering services during the remaining construction to final completion of the Project scheduled for final completion as of May 1,2005. Malcolm Pirnie's continued services provided for Project oversight and comprehensive monitoring of any issues or activities that could result in a delay to the Substantial Completion date of December 31, 2004, and the resolution or elimination of said issues. The Notice of Termination of UEC on this Project initiated litigation by the County for damages as well as incurred and additional cost associated with the completion of the Project. Project documentation collected and assembled should be useful in determining the extent of damages suffered by the County. On October 8, 2004 Malcolm Pirnie submitted a proposal to amend Work Order # MP-FT-04-03 to continue the project management assistance services for the Project through Substantial Completion represented by the sustained production of potable water, Final Completion represented by the completion of final punch list tasks, and continued support of internal and external legal counsel for the litigation. The amended amount of $600,000 brings the total -- cumulative authorization for Work Order # MP-FT-04-03 to $1,000,000. Agenda Item No. 16C5 October 26, 2004 Page 2 of9 The following summarizes the estimated allocation of project management assistance fees for the proposed Amendment and the total amount authorized under the amended Work Order # MP- FT-04-03: Task Project Management Assistance to Substantial Completion Project Management Assistance to Final Completion Post Construction Support Total This Amendment $300,000 250,000 50,000 $600,000 Revised Total $500,000 400,000 100,000 $1,000,000 Based on the level of service provided by Malcolm Pirnie, the Project Manager has reviewed the proposed fee and is satisfied that it is reasonable and appropriate for this contemplated work. FISCAL IMPACT: - The project is a part of the Water Capital Budget for FY04 as approved by the Board on September 18, 2003, The source of these funds is Water Impact Fees. The Board approved a Budget Amendment on September 28, 2004 to cover the estimated cost of the Wharton Smith, Inc. contract for the construction of remaining tasks and facilities. On October 12, 2004, the Board authorized the transfer of $1,924,500 from reserves to cover the additional cost of Metcalf & Eddy, Inc. for the completion of the construction, The work authorized by this Amendment will utilize funds already allocated to the project through the Water Capital Budget for FY05. This expenditure is expected to be recovered as the result of future legal actions by ,-' the County against UEC or UEC's Surety. This Executive Summary was prepared in close cooperation with the Purchasing Department and the Clerk of Courts Office. The Office of the County Attorney has reviewed this Executive Summary. GROWTH IMP ACT: The project is needed to meet future potable water demands. The project is part of the 2003 Water Master Plan Update adopted by the Board on May 25,2004 as Agenda Item 10(0), RECOMMENDATION: That by approval of this Executive Summary, the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, authorize the following actions regarding the completion of the 8 MGD RO Expansion Project at the SCR WTP. 1. That the Board authorize its Chairman to execute Amendment No. 1 in the amount of $600,000 pursuant to Work Order # MP-FT-04-03. PREPARED BY: Roy B. Anderson, P.E., DirectorlProject Manager, Public Utilities - Engineering ,-- Agenda Ilf~m N(.1. 10C5 OC'.lr¡of.lr 7.6, 200~ Page 3 or9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS It.m Numb.r It.m Summ.ry 10G5 Muting DlhI r'l!\c~()mn1eni:l¡¡tiQn 10 urrUiI'l¡j prQI~i¡,i(!'!iI [.:r¡giMllring Gerv'CI!>S Aqr6t:rr'~nl with Millcotm Pirl"l;l!I. Inc for t"", South C;ounl)' Regio"sJ Willer Treatment Plant. 8 "AGD Revli'rn Osmo.i~ E'I(panøiorl (SCRWTPI. Contract 00-31'9, Work Order # MP-FT -04·0~, in the amount 01 $iJUO,O¡)O, Project 7005<'\ 1 0(26r10(,4 ~:OO:OO AM Prepared By Dale RoV ß. Andl!lt.10n. P.E PubBc \Jtll!tiefi Enaim:OArlng [)I~tot Public Utili tillS I::.n911'11111rlng 10/14/Z01,)4 0:21 :03 AM PublIc UtlUtiu Appro"'ed By LInda J.lck\íon Contrftct5 AQlI'nt D.t" Admlnll1ltlltlvtI S~rvlc;It' PurrJu,r;nø 10/1412004 1n·..4.3 AM Approved By Steve C~r"lI)!j Purc.ru:lsing:Ueneral s.vcs. lJIrltCtof Dnbt AdmlnlstmtivII'Sur."tce.!> Pur<:.haslno 1U/14/200.& 11:Hi AM Appro\led By Paui MattauJ,c¡" Water Dlrect!)1 0.'" PublIC utlUtle.!i Water 10/14J::004 '11;51 AM Approved By Thonl,,'S Wldeti Dpnr;¡tions DIrC't:tor Dale Publ~c: U1iUth:n, PUbIJc UtWtle¡; Dpe-r.tions 111114/20(1.412:3;'1. PM Approved By Jmnft$ W. DeL.(I"::'- Publll) IJtIUUf'!i A.dmin~$lt¡Uor Dntn Publ~c UtlllUei Pub!lc, UtillUu Adn11nlsftntion 10/15/2UQ4 1G~61, AM Approved 8)' Pilt L*hnh.nd AdminløtratlvtI AlIslsl.lnl Dale County Manoger'" Offlc.t' omc'! (11 Monil1Ç1l!'mef1t!to eUdÇlel 1011&/10041:43 PM Approved By 5\\.'I';1n III.hltf Senior MaongcmontJ8IAdpet ^nalY$t Out, Gpunt)' 'bongef,; ON1c(! Ofti(;e of M"nugemunt & Budgl! 1011Br2n04 10:30 AM Approved By MIchael !:Imykowvkl Managl!rnenl & B~1dgl!t Direclor I)ate C;CHAhly M,InAlU(tT'/I. {nn(,le omen uf M.,nJlg:amN1! & [\udglrt 1D!1ßI2C1/14 3:64 PM Approved 8:.· Ja"letI V, Mudd Doittd (If CaUl'll)' CurnlnIIUI¡one" Caunty MarUIIsr Dôllte COllnty M nn'9~r'li Otflc¢c 1U119/2DO" ¡Ij:51 PM fC·- EXHIBIT A·l Amendment I, Contract # 00-3119 "SCRWfP 8 MGD RO ExpaDSion" This Amendment 1, dated October 26, 2004 to the referenced Contract shall be by and between the parties to the original agreement, Malcolm PinUe Inc. (to be referred to as "Consultantj and Collier County, Florida, (to be referred to as "Owner"). Agenda Item No. 16C5 October 26, 2004 Page 4 of 9 StatemeBt of Understanding RE: Contract #00-3119 "SCRWTP 8 MOD RO Expansion" In order to continue the services provided for in the original Contract document referenced above, the Consultant agrees to amend the above referenced Contract as per the Supplemental Authorization Exhibit "AI-A" attached to this Amendment I and incorporated herein by reference. This Amendment] shall extend the Agreement through May 1, 2006, or as otherwise agreed to in writing by the Consultant and the Owner. The Consultant agrees that this amends the original Contract and that the Consultant agrees to complete said services for the total cumulative sum of $1,000,000 as per Exhibits. All other terms and conditions of the original agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. A ITEST: CONSULTANT Corporate Secretary/Witness By(þe- '14£'7 Dated: I ¥ )- / IJ'/ Dated: Dwight E. Brock, Clerk OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Donna Fiala, Chairman Approved as to fonn and Legal sufficiency: ThO~~ Assistant County Attorney Dated: October 26, 2004 '0-'4-04' 3'6!PMMÁ~COLM PIRNIE ¡ , I' 2,/ .. Agenda Item No. 16C5 October 26, 2004 Page 5 of 9 ~ MA~COLM ,JANIE. INC. 1N.....IIDlNT ~L IN..... tcIIImITI" OOHIIUU'AllnI October 8, 2004 Roy Anderson, P .E. Project Manager Director, Public Ub.liûes Engineering Department 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 Re: Contract No. 00-3119, Work Order ~ MP-FT -04-03, Amendment # 1 Dear Mr. Anderson: Over the past severa] months, MaJco1m Pimie has bad the pleasure of assisting the County with the completion of the South County Wat« Treatment Plant. The Scope for Work Order ## MP·FT·()4..03 proposed assisting the County with Project Management Assistance mcluding evaluation of the project, assistance during the Notice to Cure and Notice of Termination of UEC, negotiations with Wharton-Smith, Inc. to complete the Project and agreeing to the County's goal of sustained water production by December 31, 2004. Work Order # MP-FT-04·03 identified tasks throughout the construction, startup and the potentia11itigation that has now proved to be a reality. Tbe initial authorization for Work Order # MP-FT-04-03 was a block of time and materials, not to ex:oeed $400,000. At the lime the scope of work and budget for this work order was negotiated, the contract terms for the Project or the project schedule for then-proposed contractor Wharton Smith to go from Substa:nti.a1 CompJetion to Final Completion. At the time, there was no way of knowing the benefit of Wharton Smith bringing critical subcontractors back to complete 1be work Wltil procedures had been estab1íshed for payment of unpaid work or retaínage previously withheld. Tbese procedures were established by the County staff and the Clerk of Courts' office. The boms of meetings of the Project Delivery Team, negotiations with Wharton Smith and Metca1f and Eddy, and drafting and redrafting contract language to pass the scrutiny of the Purchasing Department. the Cowty Attorney and the Office of tbe County Clerk ofCoU!1S could not have been anticipated. Following the 'Notice to Cure and the final Notice of Tennînation to UEC, Wharton Smith was brought in to complete the Project using a Cost Plus Contract requiring the abjli1y to verify the precise cost of each work task required to repwr and replace each item of deficiency and each incomplete task left by UEC. Additional services have included developing and managing III independent document management system to be used in future litigation to demonstrate the cost, nature of repairs and corrective action, 1425 SO\JrH ANO;¡ewS AVE. Fr. LAIJDE'RDAI.£, FI. 33316 1154-76\·3460 taK 1164-160989 I\tlp'il..IIIW.JI/o¡4II.com III!(;YC<.tD ,~~" ^,,"-' .........."".~...~.........,.~..w ".. ..~W..WH".'.... ..........._ ....·.·..~~..N.. ... '0-14-04; 3:S~PM;MALCOL~ P(RNIE ; , # 3/ .. ~ Agenda Item No. 16C5 October 26,2004 Page 6 of 9 Mr. Roy Anderson Collier County Public Utilities Department October 8, 2004 Page 2 and the cost of completing the Project Malcolm Pirnie staff bas been caned upon to assist with more of the day-to--day project manasement activities, such as reviewing scopes of work, contracts, and resolving or elimina1ing issues or potential delay causìng activities to keep the Project on schedu1~ Ma1colm Pimic's Project role has continued to expand by focusing on the resolution non-essential activities and obstac1cs to the delivery of sustainable water production. Without this focus, critical construction aDd engineering resources might be diverted from the first goal of the Project, sustainable water production by December 31, 2004. There was no way to identitY the magnitude of these ta..'iks when the initial wo.rt. order was issued. Now that fuJl construction on the Project is underway, Malcolm Pimie will be assisting with even more of the day-to--day project management activities as you begin the transition back to your nonnal responsibiJities as Director of the Engineering Division. Some of the activities will include: · Attending and support in leading week1y progress meetings · Acting as liaison between MetcaJf & Eddy. Wharton Smith and the County to resolve issues. · Assisting in ensuring proper segregation of costs to provide input to construction contractor invoicing review " Managing the County's files of information received as part of this project. specifically under the Wharton-Smith contract. · Identify, track and resolve or elimîn.ate critical issues or other "road-blocks" that could potentially adverseiy affect the project schedule. · Other services as required to ensure the timeJy completion of tho Project. These comprehensive services win be provided along with assisting in the compJetion of construction and providing post-constnlction technical assistance. We are requesting a $600,000 amendment to Wor1c Order # MP-FT-04-03 to continue providing the expanded level of project man.agement assistance to properly document the work: being provided by Wharton Smith and their subcontractors, and Metcalf and Eddy; to help focus the energy of the entire Project DeJivery Team on the County's goal of Substantial Completion by December 31, 2004 and Final Completion by May I, 2005; and to document the cost of completing the remaining Project work: and repairing or replacing deficient work left by UEC. Tbe following summarizes the estimated allocation of project management assistance fees for the proposed Amendment and the total amount authorized under the amended Work Order # NfP-FT-04-03: A~'_ . ... .... - .- -- - -. ..... .-. ~""~""""H"""'''_'''_''''H~''....,...,,,_,,_....,,..,...,.......~""""H"_"_M' ............... ,... ."HH..n...'_..h .....h·····..".....·.........._..__.._......_HH....HMH........_.".....___...,.,_ ........ .._.......... ··..H.....H·..·__H..............._ . 'O-'4-0~; 3:6'PM;M^~CO~M P:~NIE ~ Mr. Roy Anderson Collier County Public Utilities Depe.rtm.ent IlK Project Management Assistance to SubstantiaJ Completion Project Management Assistance to Final Completion Post Construction Support Estimated Total This Amendment $300,000 250,000 50,000 $600,000 ; , __ 4/ 4 Agenda Item No. 16C5 October 26,2004 Page 7 of 9 October 8, 2004 Page 3 Revised Total $500,000 400.000 100,000 $1,000,000 We Jook forward to working with you through the completion of this project. Please can me at your convenic:o.ce to discuss this proposal. Very ttuJy yours, MALCOLM PIR.NŒ, INC. ~~::7Þ %~~dent . ,- ...........__._................._..... ........ ....................,..... ............,....·.............'.._.h........ .........,..............".........."....... ..,...,.,.,.".",...."..,-.. .. ........,...................... ~c.M"I!ft .. .......... ..,,··'·..."~..N..'''·.. Oo~ 12 04 03f42,. En;inee~in;-SCRWTP 239-348-0531 ,.. 1 Agenda Item No. 16C5 October 26, 2004 Page 8 of 9 CONTRACTMO~F~ATION CHECKLIST FORM BtDIRFP': 00-3119 PO f; _45-311'1 1 PROJECT #; 70054 AMOUNT OF THIS CHANG! $_&CIO,OOO PROJECT NAIIE: SCRWrP MOD #: Work Order .:_MP...FT-04-G3 CONTRACT' AMOUNT: ORIGINAL S 400,000 CURRENT $_1,000,000 (STM1'ING POINT) (INCLUDtHG THIS CHANGE ORDEAl Last BeC Approved Amount $_NlA UAST TOTAL Nfi.~ ecc; APftRCWAL) Date of Last BeC Approval Agenda Item # CumulatiVe Dollar Value of Cite... 0rdenI to th. ContraCfJWork Order. $_800,000 Percentage of the change over/under clllT8Øt contract amount_150 % Formula: (Current Amount' Last BCe approved amount)-1 Results and Actions: If the change exceeds 1004 BeC approval is required; under 10% reported to Bee on Purchasing report. For SpecifIC information regBrding WDrit order threSholds. ptease refer to the Contract Administration Procedures. Section III.C.4 CURRENT COMPLETION DATE (S):ORIGINAL: 12/31102 CURRENT: 12131104 SUMMARY OF PROPOSED CHANGE (5): To ørOYide conlin LIed øroiect manaaement assistance serviCes for oroiect overslaht. JUSTlFICA TtON FOR CHANGE (5): These services are reauired to monitar anv issues Of adivities that çOUId result In ~ to substantial comoleUon of the oroiect and the resolution or remcwal ~ said issues.. PARTIeS CONTACT'ED REGA~OING THE CHANGE: MPI. M & E, Purchasing, CIetI<s Office and County Attomey IMPLEMENTATION STEPS (Verifyeaçh befontpfOcndingwilh c:hange....... Y. N or MIA) _X_ Proposed change is oonsistent with the scope d the exåStWlg ~.~ .J._ Proposed change is in fact an addition or defetion to the existing scope .J<_ Change is bei~ ..lpIemented in a manner COMÏ$Ient with the elCistlng agreement _X_ The appropòate parties haYe been cons.utted ~ the change _X_ Proposed prices, fees and costs set forth in the ~¡ge an!' reesanabIe PRO.J!CT IlANA.GER RECO...ENDATION: APPROVE; ~--//)¿,;;:...e,--,-~_ OtSAPPROVE: / . Cate: Date: /Þ )r-),."L , COMMENTS: Revised 9/J4/04 L()""'O') ",-.( ) 0 .... ,00 NO') ·W() ON 0) Z...ro E()CL ()..Q ......0 ~t5 -00 c: () 0) <::: :gl è8 ~I >- ... ~L ~I.. :1 g~1 >- ... c .2 II) c ca Q, >< w c C) :iE CC) 0.. ~ 0:: (J UJ Q) E ca z - (.) Q) 'õ' ... 0.. ~ a o~r N Þ º ~ i a ~r N þ a .... .. ã '~ ... a ~I N .. ... a .... .. ... a "1: a "~I"- N .. ..º .... .. ã 0' ''ê; ã '81' N .. ã ... UI o (.) CI CI CI r:i CI "'!. .. ... CI CI CI r:i CI en ,..: ... ... CI CI CI r:i CI en cÞ ... CI ... CI ... 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Co) C " II» " C II» E E o Co) II» a:: Agenda Item No. 16C6 October 26, 2004 Page 1 of 9 ,- EXECUTIVE SUMMARY Recommendation to approve Change Order No.1 to Work Order No.UC-030 with Kyle Construction, Inc. for the South County Regional Water Treatment Plant 4" Force Main Relocation, Contract No. 04-3535, Project 700201, in the amount of $61,200. OBJECTIVE: To increase the scope of work under Work Order No. UC-030, Contract No. 04-3535 with Kyle Construction, Inc. for the SCRWTP 4" Force Main Relocation. CONSIDERATIONS: Citygate Development LLC owns the land that surrounds our SCR WTP on four sides. They are beginning to develop this property and will be installing a retention pond where the plant's existing 4" Sanitary Force Main is located, prompting the relocation of this piping, On August 5, 2004, Work Order No. UC-030 was approved for Kyle Construction Inc, to relocate this Force Main for $65,380.00. This Contractor was the lowest of three bidders solicited for this work. ~ During construction the contractor encountered a thick layer of hard limestone close to the surface and was required to excavate this rock in order to provide sufficient ground cover for the new piping. Additional gravel and sand fill was also necessary to achieve proper pipe bedding support and compaction. Due to the small size of this contract site borings to identify underground conditions were not requested as their use would not have been cost effective, The cost of this change alone is $28,560,00 and is itemized in Exhibit D which is attached This new 4" Force Main must tie into an existing 4" Force Main at the plant that was installed by DEC and not yet used, It was discovered when the tie-in was first attempted that the existing line does not conform to Collier County underground utilities standards. In addition this pipe is so thin that it can not be joined to the new heavy walled pipe without risking a future leak. Consequently 670 lineal feet of the existing pipe must be replaced. This change alone is $32,640 and is described in a Kyle Construction quote also attached. This expenditure is expected to be recovered as the result of future legal actions by the County against UEC or DEC's Surety. Together these changes total $61,200 and both are based on material unit costs pre- negotiated and itemized in the original Work Order that is attached for reference. These unit costs are considered by staff and our consultants, Greeley and Hansen LLC, to be fair and reasonable. FISCAL IMPACT: Funds in the amount of $61,200 are available in County Project 700201 - SCRWTP 4" Force Main Relocation. Source of funds is Water User Fees (412). This project is consistent with the 2005 Fiscal Year Capital Improvement Budget approved by the Board of County Commissioners on September 23,2004. ,'-'" Agenda Item No. 16C6 October 26,2004 Page 2 of 9 ~- GROWTH MANAGEMENT IMPACT: This project has no impact on the Collier County Growth Management Plan and is consistent with the 2003 Wastewater Master Plan adopted by The Board of County Commissioners on May 25, 2004, Item 10 C. RECOMMENDATIONS: Staff recommends that The Board of County Commissioners, as Ex-officio Governing Board for the Collier County Water-Sewer District authorize the Public Utilities Administrator to approve Change Order No. 1 to Work Order No. DC- 030 for $61,200,00 to Kyle Construction, Inc. PREPARED BY: Porfirio E. Gramatges, P.E., Senior Project Manager Public Utilities Engineering Department ,/"""' "'-' Item Number Item Summery Meeting D.te Agonda Il"rn N<.>. 1080 Octrb~r 26, 2004 F'age 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16CS Re¡;r)mn1er'lQotl0!1',O apptt)'J!! Cllillr'ln~1 Of(i~" Nc;, 1 ~t) 'Nor~ Ord~r No uC·()3Q with Kyll.1 I':;Qnøtru.:rtiol'1, Inc., f¡:¡t' Ihe Sovth Cour'lty Regional Water Treat~1l!nt Plant Jj' Force Main RelocatIon. Contr.¡c;t No, 0", -;3535, ProjElct 7Ö0201. in the amúUnl :if SfH20G 10/26f2004 ~:OO:OO AM PortirlÐ E. Grilm¡¡tßlt:t., P,f;. 51' Project Muna\jÐr Hlf1I:lfJUA '11 :31 :4io1 AM Prepared By P,rbl!r. Ulllltlß$ Date PuhUr. Utilities E'-ngtnMfino Appro\'cd By PUH~h.¡u,lng Agent D.", Lyn Woo¡j AdmnI5tr.tlI,t~ 13-ervÎcc' Purchnln9 1\'1111/2004 &:2& AM Paul Mltn.u,H:h W.h¡r Director DafC! Approyed By PublicUtlUticu, Wilt., 10/1UlO004 1U:111 AM WlIlIu.nIO. Mullin, fit; PrIncipal praJect Moa'la\JI" C..tu Appruved By Public Utlfltttt$ PubUc lJtIIll:i~" Enøin.ClrlnQ H111;1(200~ Q~:)1 A.M Approvcd By Thonul!I Wtde¡, PubUc UtlHtio'!l Opr.ration!l Otre¡;tol Dale Public Utilities Ope-tations fOI1:J/20C" 0',07 AM Ptlhlj(; IWII11eji [nQlllfllllfing Olrp.(':tnr Outrt Apprond By Rpý B. An<ll!:lt$Qo, Pf., PtlbUc UtllltJe¡¡. PUblic Utuitlcs EnQIMt'lrlhg 101141200~ 11;.57 AM Appro\'cd By C;ontulf:tll A.l1cnt D.-Ie UruJnJnclitH'>tl Admlni\lttat.tl,tll! !)e,v¡clI~ P\,(rchavlng 1{)I1IiI:1D004 9~DO AM l"urchutnglGelleral ßVC" Oilt'clor Dille Approved By SteVe C.rlHdl Admtnl,~r;stjve SH'''lc:~/I Putc:h~I."lng 11)115f20n4 &:22 AM Jamft" W. OeLöny PulJtlc UtUlt.~ At.lmjnl...trlttClr D.'" Approved By Puhlle UtlIHI~Ji. P!Jblt<: \Itllllln$ Adnllnh,tratQn 101151200-45::11 PM Pat I.._hnhard Adrnlnílllnn:lvfl A~s.I..lanl Dillt" Approved By c.:ounty Mannultr'5. Otnc.c Offtt:fI or Menót;lflmant 8. Budgflt 1Ul111Z004 0:01 AM Approved By 6us.¡¡n Ustt., Caunw M"n_Qer'~ Offi~ SeMior Millh.lvementlDudotlt AnalYlit 0.", Otf\<:C! of Man_gament & eUÓQtrt 10/Ul2tlD4 9:55 AM MlctUtcl SmykÞWtlkl MIIiIIglI'nJent & 8udgmt aU'ftCIOr Dale Approved By Countv ManIQ¢r'" otfk.n Ufttc", Df M..n,gem~nl & Burlnfll 101H1I20004 1U;:lO AM Approved B~' JIt'"tt£ V, Mudd aolld af Cautlty CQmrniuloner, County MflMger (Jattt C utlntY Manllger'ä Of".:e 10/18/2004 1 :JO PM ~-_.~.,....~.,~..".,.,.~ Agenda Item No. 16C6 October 26.2004 Page 4 of 9 EXHIBIT D CHANGE ORDER CHANGE ORDER NO.--1 TO: £f/t~~ f<i 1I"'~ PuSI f~ [J'tfL (""fE-~ ~AJ .c.r N ~ç., fA( í: ~9ttH.t if";; poP~1 ~'Ò.< 1:______ DATE: SEpTf M"~ ';;¡8, a.QD~ PROJECT NAME: St:: Q.. W T pc¡" r;"" I-iLQ(4TfO tJ PROJECT NO.: CONTRACT NO. Under our AGREEMENT dated f/lA:p..~ J.I q, ,20J2!:f-. You hereby are authorized and directed to make the tollowing change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (DeducliIJe) Sum of: $ ;,8 5'(.,;0 Co , Original Agreement Amount ($ $ G,C;380.Q:I $ Sum ot PreIJious Changes This Change Order (Add) (Deduct) $ ~ 85Coo aø Present Agreement Amount $!/M...YO QD The time tor completion shaH be (Increased/decreased) by !;.>&rfe. calendar days due to this Cha11ge Order. Accordingly, the Contract Time Is now ~~ L-..,) calendar days. The substantial completion date is ~141' and the final compJetlon date is . Your acceptance at 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 ot any and aU claims of the Contractor arising out of or related to the change set forth herein, including claims . for impact and delay costs. Accepted: 'f?'. .20_ B DESIGN PROFESSIONAL: By: Page -19- Agenda Item No. 16C6 October 26, 2004 Page 5 of 9 - KYLE CONSTRUCTION INC. 3636 PROSPECT AVE NAPLES, FL 34104 Ph:643-70S9 Fax:643-4679 CHANGE ORDER DATE: SEPTEMBER 28, 2004 JOB: SCRWTP 4" FORCE MAIN RELOCATION CHANGE ORDER #1 In accordance with the tenDs and conditions of the above referenced subcontract, the following changes are acknowledged and agreed to by and between Contractor and Subcontractor: Mm.;, ITEM # 2 6 8a 8b DESCRIYfION 4" DIAMETER F.M, ROCK EXCA V A TION CRUSHED STONE SELECT FILL ADD'L SAND SELECT FILL OTY 5 SO 35 116 UNIT LF CY CY CY PRICE $ 42.00 100.00 170,00 150.00 TOTAL $ 210.00 5000.00 5950.00 17400.00 TOTAL CHANGE ORDER 528560.00 ACCEPTED: ;?Æ$ DATE: t:?.....z. ~ t::J r ACCEPTED: B ~ -----"_... Agenda Item No. 16C6 October 26,2004 Page 6 of9 KYLE C·ONST'RUCTIC9N~INC. 3636 PROSÆCT AV£.. NAPLes, FL 34J.04-(239)643-10S9.FfA¥,f643-1f.679 October 13. 2004 Collier County Engineering Dept. ATTN: Porfirio E. Gramatges, P.E. Re: 4" Force Main @ SCRWTP Dear Mr. Gramatges:: As you requested, I measured the pipe line that needs to be replaced at the above referenced job site. According to our unit príœs, the changes would be as foflows: 4" diameter F .M, Crushed Stone Add" Restraint Fittings 670 LF @ $ 42.00 = 18 CY @ $150.00 ;: 250 Ibs @ $ 10.00 = . TOTAL CHANGE $ 28,140.00 2,000.00 2,500,00 $ 32,640.00 If I can be of any assistance. please feel free to call me. t . cI 6¿StrE;ioStio6 ---..--.------- -. eo+:ao toO .to! ~~o ~~I ~OI13n~lS~03 31A~ Agenda Item No. 16C6 October 26, 2004 Page 7 of 9 - CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: SCRWTP 4" FM Relocation PROJECT #: 700201 MOD #: l..AMOUNT OF THIS CHANGE $ 21.200 Work Order #: Uc-030 BIDIRFP #: 04-3535 PO #: 4500031914 CONTRACT AMOUNT: ORIGINAL $ 65.380 CURRENT $126.580 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ (LAST TOTAL AMr. REQUIRING Bce APPROVAL) Date of Last BeC Approval Agenda Item # Percentage of the change over/under current contract amount 93.6 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (5): ORIGINAL: 10/23/2004 CURRENT: 10/23/2004 SUMMARY OF PROPOSED CHANGE (S): Incoroorate additional work items into contract. JUSTIFICATION FOR CHANGE (S): Due to unforeseen underaround conditions 5 additional feet of oioina was reauired plus additional rock excavation. stonè and sand fill. Also. 670 lineal feet of existina underaround pipe must be replaced because it is not of an aoproved tvoe. PARTIES CONTACTED REGARDING THE CHANGE: PU Enaineerina (R. Anderson. W. Mullin): Purchasina (L. Wood) IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) y.. Proposed change is consistent with the scope of the existing agreement y.. Proposed change is in fact an addition or deletion to the existing scope y.. Change is being implemented in a manner consistent with the existing agreement y.. The appropriate parties have been consulted regarding the change y"Proposed prices, fees and costs se forth in the change are reasonable COMMENTS: In accordance th Article Five of the Aareement. the County will comcensate the Firm in accordance with the established neaotiated IUmD sum amount crovided in the oriainal Work Order schedule, Date: October 14. 2004 Date: PROJECT M APPROVE DISAPPROVE: ,,.- REVISED 9/9/03 CHANGE ORDEJl No.1 TO: Kyle Construction, Inc. FROM: Collier County Government 3636 Prospect Avenue 3301 East Tamiami Trail, OCPMBldg. Naples, PI.. 34104 Naples, Florida 34112 Project Name: SCRWTP 4" Force Main Relocation Construction Agreement Dated: 7/27/2004 Bid No,: 04-3535 Purchase Order No.: 4500031914 Date: 8/10/2004 Change Order Description: Due to unforeseen underground conditions 5 additional feet of piping was required plus additional rock excavation, stone and 'sand fill as detailed in the attached Change Order Exhibit D. Also, 670 lineal feet of existing underground pipe must be replaced because it is not of an approved type. A quote for this replacement is attached. Original agreement amount ................ ........................ ........ ...............$ 65,380.00 Sum of previous change orders amount ........................ ....,........,......$ 0 This Change Order Amount [add) [delete] ........................................$ 61.200.00 Revised Agreement Amount.".... ...... ...,.... ........ .............. .............. ......$126.580.00 Agenda Item No. 16C6 October 26,2004 Page 8 of9 Original contract time in calendar days ..................................................60 days Adjusted number of calendar days due to previous change orders ..........0 days This change order adjusted time is .........................................................60 days Revised Contract Time in calendar days ................................................90 days Original Notice to Proceed date ......................................................... 8/23/2004 Completion date based on original contract time................................ 10/2312004 Revised substantial completion date ....... ........ ......................... .......... Revised completion date .......................... ............... ................... ....... 12/22/2004 Your acceptance of this change order shall constitute a modification to our Agreement and will be perlonned 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 this 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 co ts. Date: lO!\4/Q4. .E., Sr. Project Manager, PUED Prepared by: Accepted by: Date/O¿I«I/ðlf Charles Abraham, Vice President, Kyle Construction lA9~ (ÅA.-l tv:.... Date: ~ William D, Mullin, P,E., Principal Project Manager, PUED /; ~_. /6}~Är If· 10/14-)¡;4- Accepted by: Accepted by: Approved by: (For Use by Owner: Fund: 413 Cost Center: 263613 Object Code: 763100 Project No,: 739481) Approved By: Date: James W. DeLony, Administrator Public Utilities <.P'<to) -)0_ ,a 0 NO) . <Ò Q) ON 0) Z...ro E (HL (1).0 _0 -;;;1:5 -00 c: (1) 0) « - ... o N o o ..... o o Z " o >- .... - U G) o~ .. c.. - ns ~ Q, ns o It) o >- .... - o .. - C o o .. o "C o C 0- ns :E G) u .. o u.. c.. i o en ..... o o N I&') o o N ... Õ .~. ",...,.. .... a N 5 .... b a '.. ... .... a "·"''''M' ... .... a N ... .... a ~ U) o CJ ~ z w > w .... ... .... a .~' Õ .~ .... a N b a .... ... .... a "t Õ 'M' -.' 5 N ... Õ .... ... .... a o tit c o :¡:; ¡ii 'S cr u ca: "c:J C j o tit I:rI C C o N ...... cu 1/1 ;:) "c:J C j .... Ii ,.: tit ~ CÐ M CÐ tit a ::: E ~ cu a. ...... c I:rI '¡;j cu Q c o ;¡ u ~ ~ ... 1/1 C o CJ c o :¡:; u cu Co. 1/1 C Þ04 .... ~. ... o ... lilt ,..:' Q .....('1 Q.)c:Q ~Q.)Q ~s~ .::caU ..... .., CLI .- ¡:: ':::0. ~ ..;;; e Qr...Q.. C'?.!! " Q_1n I~C'? O:::¡¡;1n ~_C'? . ca ~ ot:Q ~,~ . ""- tJ) ° CLlCLI~ -ea::- o~~ ~t:.Q r..; :::s c: ~oo :::¡¡;O(J ,s ..s c:" :::s 0 ""0;: Ò CI) ca ~CLlgc:) ""-..s'ëi:iQ ~r...a::C'I.. ""-0c:"" o ..-. ._ cc . ca "'" l»ulIIt!-..... tJ).s c:: ° t: ,,1»_ cat:~t: .::o-:::s o;:Lfo I» ~" e :;::"r...~ca e'tî-I» Q.c:c:..s Q.o~ oq: 0 Q.. .5; E o I- .. U CII e- o.. ii ! 0; .,. GJ ar= c o .. .. u C ...."- Agenda Item No. 16C7 October 26, 2004 Page 1 of 8 ,...- EXECUTIVE SUMMARY Recommendation to reject the one bid received from Zabatt for Bid # 04-3647 and to provide authorization to re-advertise for countywide purchase and rental of generators. OBJECTIVE: To enhance reliability of existing public infrastructure by expediting the procurement of electric generator equipment as may be needed for planned replacement and emergency supply, CONSIDERATION: Bid # 04-3647 was posted on May 14,2004 in compliance with Purchasing Policy. There were 22 notices sent out and one (1) bid received. Upon review, the Purchasing Department and the Public Utilities Engineering Department have concluded that further competitive bidding will be needed to determine fair market value for the purchase and rental of generators, Therefore, due to the findings described above, Public Utilities Engineering Department and the Purchasing Department cannot justify recommending a contract award based upon this sole bid. It is recommended that the sole bid received for Bid # 04-3647 be rejected and that authorization to re-advertise be provided. "- The proposed bid is consistent with the 2003 Update to the Wastewater and Water Master Plans as adopted by the Board on May 25,2004, as Agenda Items 10 C and 10 D. The proposed bid will further the process to enhance reliability of the Collier County Public Utilities and other County departments. FISCAL IMP ACT: There is no fiscal impact. GROWTH MANAGEMENT IMP ACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer-District, reject the bid received from Zabatt for Bid # 04-3647, and authorize the staff to re-advertise for bids for the countywide purchase and rental of generators, PREPARED BY: Karl W. Boyer, P.E., Public Utilities Engineering Principal Project Manager ",...- Agenda 1 tam No 1 eCl Oct.ob.r:-r ?6, 7.004- Page 2 of 8 COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS Meeting D.te 16Ci RecomlTlcndali'.m to riject fht3 onl6 bid rec(iv~d frol" ll!ban far Bid., D4·3ß1i7 .and to provH:le l!IuthorizeHúf\ ~o re-ad~'erti"t' for countywide purc~an and rental of generltors. 'O/25J"2004 &:0(',0(.1 AM It.m Number Item Summary - Prep.red B~' Dab! Kin! W. Boyer, po,E. Princ~Þ<'I1 f"JDI~c:t MMilQl!'lt 10/8/2004 10:30:Ut'I AM Publ!(¡UtHltln PubUt: UtlUtlw.. En\1jn"cnnlil Approved By Lyn Wood l"uN;haslng A\:It'nt D\1te Aùmlnbtrøtlve SltrvlcalO PIHehnlny 101112004 -11:&6 AM Approved By S1eye Carnell PUfchuingfG(l:nerar Svc;, Dlrwtol Uate Ad",j"i~trafiv~ 9lt>rVlcP.'\ purc:hull'lQ 10/12/2004 \1:13 AM Approved By Thnm.:!I WldeH Opflratloru; Olrtl!ctÐf O*le Public UtllIUe, Public UtllitUUi Dpc!'rattons 1D11Z;1OO' 6:16 ~}M Approved By r~iJl:lucUtllltlei Public Utllltift!> F.nni!lel!fhlç Director Public Utilltlu I::.nglneerlnf,l Date Roy 13. Andfl'non, P,F.. 10/141200011:41 P'M Approved 8~' Jemt'." W, DaLonv Pu~l(: UIÏIIUII\ Adm~ni",ttfttor Do" .~ublic Uttlltlelo Pul:lllc UtlUtJe6 Admlfll.tr,¡tlon 10f1S12D04 5:32 ~}M Approved By Pet Lehnhnrd Ar.1mlnl,nnlivtrJ' A~lilltnnt (J;¡t(l County M"naVer'lI Of'fh:e OffIce: of Managemefll & BUdf,l1tt 10111/20049:03 AM Apprond By Rlndy Graenwald M.1nagnmflntlBudgtlt Anal)'''1 UIII!! 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Vi ~ ~ ~ ...;¡ ~ '"0 ~ ~ .><: ] ~ 11) e ~ ~ ~ ~ VJ < 0 .c .. .c .c .c ~ u '-' ¡: '-' u '-' u '-' F- .~ 1§ 11) ... ëa ëa 3 ëa ... ëa Z !- :::3 :::3 ;::I u ~ ::: ~ ::: ~ ::: ~ ::: u ~ ...= -< ::: 11) 11) 11) 11) =: 'û '" 11) ex:: ex:: ex:: ex:: ~ ,.;¡ 11) ¡: e =- Co .§ ¡;. < VJ ...;¡ F- e 0:1 ~ « 0 > - 0 '¡j Co F- F- .;: 0 e 0 '" .... 8 F- ¡: 0 ~ 0 ''ª - '" 'S: ::¡ 11) ó 0 '" ~ ... ... ... ... 0 0 0 .s ~ ~ ~ ... 0:1 ~ .. ... ... 11) 11) 11) 11) ¡: ¡: ¡: ¡: ¡: u 11) 11) 11) Ö 0 11) v ç:¡ v '" :I: ¡: 0:1 ~ ~ ~ ~ .c Þ.I 0 ~ ~ ~ ~ -. .r:> 0 0 0 0 ::: Þ.I 0 0 ~ 0 0 c:o '<t ~ r- QO u - - - - VJ r.,; ~ ~ ~ ~ - - - - '" '-' '-' -- '-' ::: 11) 11) 11) 11) 11) ~ S ¡: ¡: ¡: ::: ~ 0 0 0 0 <: '" 5 ~ Gi c Q) (!) to ë to f'-. v to '" .t- o "0 ã:i Agenda Item No. 16C8 October 26,2004 Page 1 of 7 ,- EXECUTIVE SUMMARY Recommendation to approve a project to interconnect the Tamiami and Hawthorn Wellfields with a planning-level estimated cost of $1,560,000 and to approve and authorize the initial phase, which is a work order under the Annual Contract for Underground Utilities Contracting Services, RFP 02-3345, based on an estimated construction cost not to exceed $750,000, Project 710061. OBJECTIVE: To increase the reliability of the public water supply by providing a raw water main to route Tamiami Well field water to the North County Regional Water Treatment Plant (NCRWTP) reverse osmosis (RO) treatment process. .'-" CONSIDERATIONS: Staff is moving forward expeditiously to ensure our customers have a reliable supply of potable water for the upcoming season. One strategy being implemented is the construction of a pipeline along 1 ih Avenue NW to interconnect the Tamiami Wellfield and the NCRWTP RO Hawthorn Wellfield. This project will allow additional fresh water to be supplied to the NCR WTP to augment the existing saline water supplies for treatment through NCRWTP RO process, The project has the potential to utilize a portion of the capacity of the presently underutilized high salinity Hawthorn Wells on Vanderbilt Beach Road. This project will enable the NCRWTP RO treatment process to operate at full capacity, and also, improve reliability ofthe raw water supply system, in time to meet demand during peak season 2005. Preliminary design indicates that a 20-inch diameter pipeline can provide up to 600 gallons per minute of additional water. This falls short of the target transfer rate of 4, 1 00 gallons per minute needed to produce 4 million gallons per day of finished water through the RO process. A booster pumping system will be needed to achieve the target transfer rate. The interconnect will also include a special backflow prevention device to ensure that none of the higher salinity Hawthorn well water will contaminate the fresher water in the Tamiami wellfield, The total estimated project cost to complete this project in time for peak season 2005 is $1,560,000 including engineering and construction. Because this project needs to be completed within a short time period, procurement will be conducted in concurrent phases such that construction of some components will occur concurrently while the engineering design can be finished on other components, The work is broken down into individual components by trade and sequence of construction with estimated cost and proposed procurement as follows: "-" ,.-- Executive Summary Approve Work Order Tamiami and Hawthorn Well field Interconnect Page 2 Agenda Item No. 16C8 October 26,2004 Page 2 of 7 Work Component Cost Proposed Procurement Engineering $160,000 Fixed-Term Engineering Contract Pipeline (6,000 feet of20" pipe) $750,000 Fixed-Term Underground Utilities Contract Electric (1,400 feet of duct bank) $140,000 Fixed-Term Electrical Contract Booster Pumping System (BPS) $410,000 Fixed- Term Underground Utilities Contract Interim BPS (Allowance) $100,000 Fixed- Term Underground Utilities Contract Total $1,560,000 i This recommended Board action is to award a work order to construct the pipeline component of project. The proposed scope of work is to construct approximately 6,000 feet of 20-inch raw water transmission pipe along the 1th Avenue NW road right-of-way beginning at Wilson Boulevard proceeding west to end of 1th Avenue NW, then across a drainage canal and terminating on County-owned Parks and Recreation property. The attached figure shows the proposed alignment. Design of a booster pumping system is a work-in-progress and is expected to take longer to ___ complete than the pipeline design. Because pipeline construction is on the critical path, staff recommends proceeding with the construction of the pipeline concurrently with the on-going design of the booster pumping system. Staff is currently evaluating alternatives to provide temporary pumping equipment to serve in the interim until a permanent booster pumping system can be competitively procured and constructed. Construction of a booster pumping system is not included in the proposed work order, Engineering services for this project are being provided by Hazen and Sawyer in accordance with Work Order HS-FT-04-05 under contract 00-3119, This work order was approved during the Board's summer recess and ratified by the Board on September 14, 2004, as part of agenda item 16 F 1. Engineering services consist of design, permitting, surveying, services during procurement of construction services, construction contract administration, and detailed observation during construction. 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 Well field given the continuing trend of declining quality and quantity of raw water from the existing Lower Hawthorn wells, The proposed route is along Ith Avenue NW, which is the shortest distance to interconnect the two wellfields, The proposed alignment is along the 1 th A venue NW road right-of-way from the existing Tamiami Wellfield raw water main in the vicinity of Well 32 and Wilson Boulevard to the existing NCRWTP RO Wellfield raw water mains in the vicinity of Well RO-l7N. The proposed alignment will require permission from the South Florida Water --- -- Executive Summary Approve Work Order Tamiami and Hawthorn Wellfield Interconnect Page 3 Agenda Item No. 16C8 October 26. 2004 Page 3 of 7 Management District to cross their drainage canal. A booster pumping system is proposed on the County Parks and Recreation property adjacent to Well RO-17N. Initial conversations with County Parks and Recreation staff and County Transportation staff have indicated no objections to the proposed alignment. Staff will continue to work with the County Parks and Recreation Department to obtain the necessary easements on County Park property for the proposed raw water main interconnect. Staff will continue to work with County Transportation staff to obtain the necessary Right-of-Way Use Permit for the proposed underground utility work on lih Avenue NW. The cost estimate for the first phase of this project is $750,000 for the pipeline. The staff and the engineering consultant have developed the estimate and believe it is fair and reasonable for a project of this scope, The actual amount to construct will be based on competitive bids. Bids from Underground Utility Contractors that are approved under the Underground Utility Services contract were received October 8, 2004, The lowest of the three bids exceeded the engineer's estimate by approximately 20 percent. The difference in cost between the low bid and the engineer's estimate are associated with several items that were added to the project after the engineer's estimate was prepared. The additional items include overlaying the entire width of 1 ih Avenue NW with new asphalt instead of overlaying only one travel lane /_ and several pipeline valves and appurtenances to facilitate future connections. After careful review, these additional items are considered non-essential to the completion of this critical, time-sensitive project and will be removed from pipeline bid documents. As a result, staff will re-solicit quotes from the same underground utility contractors based on the reduced scope of work. The required completion date is February 1,2005, The underground utility contractors have made a two-year commitment to perform these types of projects and have performed satisfactorily on similar work for the County, The estimated cost is within the $750,000 threshold established for the underground utilities services contract. This project must start quickly and adhere to an accelerated, yet achievable, schedule to provide an additional source of water to the NCRWTP RO process in time for peak season 2005, In light of this, and subsequent to the submission of this executive summary, staff will solicit quotations from at least three of the contractors under the current fixed term underground utility services contract. Staff is requesting that the Board authorize the Public Utilities Administrator, in concert with the Purchasing Department, to select the most appropriate firm and execute a work order to that firm, provided that the awarded dollar amount does not exceed the estimate stated herein. Staff reviewed the recommended action with the Clerk of Courts. FISCAL IMP ACT: Funds in the amount of $1,560,000 are available for this project. The intent of the proposed work is consistent with the Water Capital Budget funds budgeted for ~ ~ Executive Summary Approve Work Order Tamiami and Hawthorn Wellfield Interconnect Page 4 Agenda Item No. 16C8 October 26, 2004 Page 4 of 7 FY 05 for Project 710061, NCRWTP RO Wellfield Reliability, as approved by the Board on September 23,2004. Source offunds 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: 1. Approve the raw water transmission project to interconnect the Tamiami and Hawthorn Wellfields in the amount of$1,560,000. 2. Approve and authorize the Public Utilities Division Administrator to execute a work order, pending County Attorney approval as to form and legal sufficiency, to furnish and install a 20-inch raw water main along 1th Avenue NW to interconnect the Tamiami and Hawthorn wellfields in accordance with the underground utilities services contract, RFP 02-3345, up to an amount not-to-exceed of $750,000 for Project 710061. PREPARED BY: Karl W. Boyer, P,E" Public Utilities Engineering Principal Project /_ Manager ..~ Executive Summary Approve Work Order Tamiami and Hawthorn Well field Interconnect Page 5 Agenda Item No. 16CB October 26, 2004 Page 5 of 7 Figure 1. Proposed 20-inch Raw Water Transmission Main along 12th Avenue NW to Interconnect Tamiami and Hawthorn Public Water Supply Well fields Item Number Iwm Summary M..tlng Oat_ Agl':!m1a Item No 16CB OctrJber 26, 200.4 Page 6 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1fjr';;8 R~r:l')mm~~tlill¡¡:n 1(\ iippr()VfI" P~It!':1 to InINC"n1"ü.c! the T2I~liaMí ar¡<j ~'Ía\vth(jm \,tVI:l!lí'.!ldlt with a pt8Mnlng-leve; ntim.ated COIi of $1.560.000 and to approve aM 8IJthoTl.Zø the IMis' pha!lt, ....¡I"','ch :& a .....oti,; ordtr Uf1de'-lhe A»nual Contra,:! for Underp~oun::i Utilities. Contracting Servlce& RFr 02-334[, balo'ed on 8'1 es11mated ccnsln;¢tí.:;r, ,"'o.j nOllo 1!I'¡(c.eed S;75t1,Ut.;O. í-'r,¡¡ur;1 it '005' 10I2Hi:l!I(J" 900VO AM Prtpared B~' 11,1/111l20U.411:0ll:23 AM Karl W. Bo)'eor, P.E. Put;I(; Utltjes 0... PrinCipal P'ottnt Manager PubUc UtIIlUn t:n{llnel&rln{l 0... Approved By Lyn Wood Admlnstratl\ll! ServJce¡ Purchulng A.gflnt PU)'ChalllfJg 1D!t.AI2OO411:59 AM Dall! Approved B~' Thl)mas Wides Pubtic Utilities O~raUrms L'lir~c:!or Public Ultlltjes O~r;¡tlDf1" 10/10412oo412:481)M Cate Appro,"ed By Slev8C.amftU Admintilratlve S~tvicj!''' Purchas¡"glG~nera SIICS Oi'~ctot Purchilliil1g 10114/20041:14 PM D... Appro,"ed By Paul Matt.:lusch F'ubjlc Utmtiu Wale'r mr~(;tor W<lt/!'t 10/14/2!t04 3:1:1 PM 0... Apl.roved By RDY g, Anc1er$Olt, P.E Pub!!!: Utllitit\li Publir. UtlIJUe!ì [110fllMrlng Dirtt>eåll Public ~ltmtltJs Eng!nnenng 10/1041'20043:1.4 PM nale Apprond B)' Jam... W. Df!l.ony )vbfh:: Utlntles PubHc lItIIllIn¡ AdlTl~l'Illôtr;1ot Public tlIHUIt!~ Adminlstratton 1 D/15/ZD04 6:34 ')M D... Approved B}' Pnt lohnlHHd CDunty Mana;en Office ArJmlnl"lrllljy~ A.,~i!lt¡lnt Offit:e (¡f M.al1agement" Budget 1 0/18/200411:05 AM Date Approved By Sutian U~her c.ounty Man.gef¡ Office Sttnlo, MMaçf!me-ntlBudgl!'t AnalYHt Office of Mana'llement & BUdget 10/1812004 1D:35 AM Oabt Approved By Mlc:h"t\i 5mVio;pwskl County Manag/!'r''it Offio::t:> Man"'iI'emltnt & Budge! f)jrector ()fffc(' of MOniløernltnt & Budge! 1(1/18(200. 4:01 PM Oute Apprond By Jaln~~ V. Mudd Boftrd or r.Dunty Commj"~¡r)fl(!r¡¡ County M<lnuger Cnun1.)' M"nagl~r', omÇo HIJ1!H200<t 12_53 PM iX)..;tt-- -(~gõ . N t-- . u:i <1> ON C> Z....CC E<1>CL <1>.0 ....0 ~t5 -00 c: <1> C> <{ ea ... is. ea o .... 5 't .. a '_H'~I *f- g ~ N,,,,,,,ª >- .... II. .. .. a 't .. a U) ." '~I ~l=J] ... CJ CÞ C C o CJ ... CÞ ... C .... .. .. a 't 5 ·,..···'~r ~I·-~I ~ "..", ,5", >- .... II. .. .. a ~ a 'M .. .. ~ a ~ ~ 5 :!::! CÞ !E - CÞ 5: 5: z CÞ > <C .c ... N "("'" ~ o CÞ E ea Z I- Z W j¡j ... CJ CÞ "() ... a.. '."'T .... .. .. a >1 0 0 8 0 0 CI 0 0 ct CI 0 è 0 CI CI oõ CI ~ «Þ ~ ~ .., ~- ~ .. .. ..,. .. ..,. ..,. ..,. C 01 C 0 'ë .. :w 'š ñi 'U¡ 0 C N ... 0 c .. 'S ..... G) :e 0 B' G) ø. 0 ... 1/1 ..... ::I :e 'Ö < :;) c ... 01 .. G) G) '1:1 '1:1 'U¡ 1/1 Q. '¡;' C C C 1/1 G) 0 c ... ~ ~ Q U .... ø. -c: ra ° 0:::S"t) ....c:C) "t)C:II) c: 'ct ra "t) ra C)..Q . c:O$&ri'~ rag..."to '- ~ C) C"') 0 Eo"t)C"'),... raCCC: '..... ._ Ion :::s C'i .... ~ ~ 0 U ¡;;;,...... C) ~ ~ .g e: '~ C)°aQ:à: $ 1;; ~ II)~ c::) .... ° Or..; C).- uU u.... ~"t) :t .~ o~ c:.sraC)~ ° rae II) CI) ..... u '- ~ ~ ;::.c: ~"t) ~ ~,~ ;:: C) ,_ .c: U ~ oQ33tf!>< ....:> ~.... C) .... C) C) c: U""i':30,g ,~ 0I.c: (J .... e ,S Q. II) ° Q. c: _ .S:! c: raC:~~1i) ~ '- ;:: ° ~ Q..S ~ U eraC)"t)C: Q. $ -S c:.E Q.'~ C) :::s Ü ra ;:¡;¡ .... e ::s ° '- - 10; .....!l r..; t:'.... ~0C)1I) C:C)$"t)C: .E it::: :::s c: ° ....:::::ra~u ~~"t)...'i c: c:J2.... C)era....ra e C)uE e,g:>ctI;: o~e';;lI) U$Q.C:C) C) ra Q. t~ c: Q::t:ra......ra ¡: o .- .. u C 'a CÞ 'a C CÞ E E o u CÞ II: ___"____._"0.'__ EXECUTIVE SUMMARY Agenda Item No. 16C9 October 26,2004 Page 1 of 6 Recommendation to award a work order to complete construction of Tamiami Well 33 under the Annual Contract for Underground Utilities Contracting Services, RFP 04-3535, based on an estimated construction cost not to exceed $615,000, Project 701581, Golden Gate Wellfield Reliability Improvements. OBJECTIVE: To increase the reliability of the existing Tamiami Wellfield by adding one new well, CONSIDERATIONS: The intent is to add one (I) new well (Well 33) in time to help meet demand during the 2005 peak season. The intent of the proposed work order is consistent with the 2003 Water Master Plan Update as identified by the Board of County Commissioners (Board) on May 25, 2004 as Agenda Item ] 0(0) by replacing one Tamiami well per year to increase water supply reliability. No replacement wells were constructed in FY 03, Well 33 is designated as the FY 04 replacement well and will directly replace an existing well that failed in FY 02 because of deteriorating water quality, However, another replacement well is needed in FY 04 to maintain the well replacement schedule identified in the 2003 Water Master Plan and will be procured separately. The proposed site for Well 33 is on County property approved for purchase by the Board on November ]8, 2003 as Agenda Item 16(C)6. A map of the County's Tamiami Wellfield showing the proposed location of Well 33 is attached. Professional engineering services on this project are being provided by Camp Dresser & McKee, Inc., under Work Order CDM-FT-03-02 as approved by the Board on September 23, 2003 as Agenda Item 16(C)5, under Contract 00-31] 9. Well drilling services are being provided by Golden Gate Well Drilling as approved by the Board on July 27, 2004 as Agenda Item] 6(C)4, under Contract No, 04-3683, The total project is estimated to cost $883,000 including engineering and construction as tabulated below, Staff is expediting the project to provide additional water in time for peak season 2005, Because this project needs to be completed within a short time period, procurement is being conducted in concurrent phases such that construction of some components will occur concurrently while the engineering design and permitting can be finished on other components. The work is broken down into individual components by sequence of construction with estimated cost and proposed procurement as follows: Work Component Cost Proposed Procurement Engineering $177,000 Fixed· Term Engineering Contract Well Drilling $9],000 Fixed· Term Well Drilling Contract Construction $615,000 Fixed- Term Underground Utilities Contract Total $883,000 ........., ~,.,~-,,,...~. -~~.."-_... Executive Summary Approve Work Order to Construct Tamiami Well 33 Page 2 Agenda Item No. 16C9 October 26.2004 Page 2 of 6 The required completion date is not later than February 1, 2005. The proposed work order will allot a specific number of days from the Notice to Proceed to effect timely completion that is consistent with the required completion date, The underground utility contractors have made a two-year commitment to provided as-needed services and have performed satisfactorily on similar work for the County, A project schedule is attached, The proposed work order includes all remaining construction required to place Well 33 into service including site work, electrical, mechanical, and structural work. The proposed work order also includes replacement of a portion of an existing 12-inch raw water main along th Street SW. This length of pipe was discovered during pre-design surveying work to be buried just below the ground surface, which exposes this pipe to high risk of damage or breakage. Replacement of the 12-inch raw water main will improve reliability of the raw water supply system by eliminating exposure to potential unplanned mechanical failures. Replacing a portion of the existing raw water pipeline is included in the proposed work order because the work is connected to, and in the same vicinity as, the work to complete Well 33. The estimated cost for the proposed work order is $615,000, The staff and the engineering consultant have developed the estimate and believe it is fair and reasonable for a project of this scope. The actual amount to construct will be based on competitive bids. The estimated cost of the proposed work order is within the $750,000 threshold established for work orders issued under the underground utilities services contract. This project must start quickly and adhere to an accelerated, yet achievable, schedule to provide an additional source of water in time for peak season 2005. In light of this, and subsequent to the submission of this executive summary, staff will solicit quotations from at least three of the contractors under the current fixed term underground utility services contract. Staff is requesting that the Board authorize the Public Utilities Administrator, in concert with the Purchasing Department, to select the most appropriate firm and execute a work order to that firm, provided that the awarded dollar amount does not exceed the estimate stated herein, FISCAL IMPACT: Funds in the amount of $296,853 are available under Project 701581, Replace Lower Tamiami Wells, A budget amendment is needed to transfer funds in the amount of$350,000 from Project 701582, 2005 Tamiami Well Replacement, to Project 701581, Replace Lower Tamiami Wells, The intent of the proposed work is consistent with the Water Capital Budget funds budgeted for FY 05 for Projects 701581, as approved by the Board on September 23,2004, Source of funds is Water User Fees (412), GROWTH MANAGEMENT IMP ACT: There is no impact on growth management related to this project. Executive Summary Approve Work Order to Construct Tamiami Well 33 Page 3 Agenda Item No. 16C9 October 26,2004 Page 3 of 6 RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board ofthe Collier County Water-Sewer District: I, Approve and authorize the Public Utilities Division Administrator to execute a work order, pending County Attorney approval as to form and legal sufficiency, to furnish and install site, mechanical, electrical, and structural work necessary to place new Tarniami Well 33 into service, in accordance with the Underground Utilities Services Contract, RFP 04-3535, up to an amount not-to-exceed $615,000 for Project 701581, and 2. Approve the necessary budget amendment. PREPARED BY: Karl W. Boyer, P.E., Public Utilities Engineering Principal Project Manager AgenrJ!t Uf:fm N(,), 16C9 O(';!.oh~r 26, 20(14 Page 4 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ltam Number Item Summ.ry Hil;~ MeetlnljJ Cite r'¡~¡;t)mrn~rll¡¡ti~lIl(1 UWllfd n work (¡r¡jar to çDtrlpft!tI11'oMtrw;:lion or T¡unlilfni W~1t 3::'1 Undl!r the Annual Contract fc·r Underground UNitie¡; Conlracling S!!r\t1ces. RF('. D4<~535. bued on an nlimaled :-o",trUCI'on CO" not to ucud $515,000, F'rQject 7015B1. Golden Gate We1ltit!'ld Ralie:blU!y Impr"vl'l"T1f!nh. 1()i2Sn(J{!4 ~:(JO:OO ft,M ,- Prepøred B~' Karl W. 8o')'t't, P,E Oat. PrI"cpal F"o~t Mitnnlrtr HI/1<1'J004 12:04:16 F'M IIUbl~c UtilitIes "Ubhç UtllltlfIS t:.nglneerlnu Approved B)' Þ<1UI MatlllEHiÇh WltrrrOltfr¢tor Date P...bllcUtWflen WahlI' 10f14f20U :1:40 PM Approved By Roy S, Andørson, P,t;, pubnc UtUJtilfl5 Enølnflerng Director D.", PlIbllc:UtlHt¡.,." Public Utfllttts Ell~nlflG'rrlV 1011&flOO<l 7:3.1 AM Approved By Lyn Wood PUlchU"""'Q Agent Datu A.dmlnJ$tt.ti¥t l:Iervicl!' P\¡rcnilflirtg 10/15I1oo411:.t.2 AM Approved By Stfl\tn Clirntl! PUM:hlUilnølOoe-f\eruJ 9vms Ditof:lor Dale Adminlstrlltivl! 5nrvictllt PUrc,I1I1!1ilnJJ 1Ðf15!20U4 10:05 A'" Approved By Tnømit$ Wldr.$ Oplt'ati"f1' Cl,ffe-lot 0.", Public UtllUltHi f'ubllc lItllllifl's Optlration¡¡; '10/15120011 12:~l PM Approved By ,ltllTlfU¡ w, nltl.ony Public: UIIUUß. AdttlininttnCtu Dale I'ubljc Utlntles PublIc UtlHtiltiì Adml0l3tt.Uon 10/1512D04 5:34 "M Approved By Pe:t LohnlHlrd Adminl-uultin Alu¡i",ti1nf Date Cnllnty M."IJQitr'$ omen OfficfI of Manutl"mll!nt" flunge! 10/18/20049:06 AM Approved By Susan Usnar Sf!l1ìDr MnM(emll'ntlBlIdøl!t AnftlYltt D,ulI COLIn I}.' Mnn.ag4!r'... Offir.~ am(:1! of M.1n"llf!mfltU &. BUdgltt 101181200-4.2:00 PM Approved By Michael SfI'IykClwsld Man.gernenr & BUdget Director D.I~ Ca\lnt~ Mlnogfl'r'" Offif:~ OfftCt I)f Mnnagemltnt '" ßudøttl 1at1lilf)t)4 -4:13 PM Approved By JaI1UU, V. MudØ County M~"ager 0... 808,d 01 County Commlu!orlfH!i CaUl'll)' M;trll~Qar'$ Ort'lf:ft 1011111200"0:56 PM CONI 12th A NW Agenda Item No. 16C9 Page 5 of 6 ve 32 ",-j I 10th Ave NW I 31.-~ I I 16to: I I ..E 15to~ 16 I , , I 14AJ ~ I 18 I I ,13 tol ~ ~ ~ ~ ~ : lU lU lU lU ~ ~ ~ ~ ~ I ~ ~ ~ ~ 12~ .Jß I 24 I I 11~ I Golden Gate Blvd I I I "0 10 to: ::- ã5 I t: I 0 9 to: .!!2 ~ ~ ~ ~ ~ I ~ lU lU lU lU C/) C/) C/) C/) C/) I C/) C/) C/) CI) è'i5 è'i5 è'i5 è'i5 I è'i5 è'i5 è'i5 è'i5 è'i5 8~ -S ~ -S "E 1ï; "0 -S -S -S I t: 0) 1.0 C") ... I '" "" <0 co 30 I 7/:,,1 ,. 28 29 I I RWBP~ ~ I I I 120 , I 6~ :0 I I I ______2-~~~~--~~ ____3~ I I I I 4 I @5 I !:_~ 17@ ___1..~~ I ----- 19 I 12 ---- 16 _I, I J ~ LEGEND Canal Road ---t--- Pipeline 2416 (diameter in inches) 24 2@ Well Number/Location 16 Original Well field 16 to Well Number/Location 1987 Wellfield Expansion 17@ Well Number/Location 1991 Wellfield Expansion 210 Well Number/Location 1993 Wellfield Expansion 29. Well Number/Location 2002 Wellfield Expansion 330 Proposed Well No. 33 3024 : 24 16 I , I ~21 I I I N A o ,..~-...w-. 2,500 I""'"""""'" FEET Figure 1 Golden Gate Wellfield Locations of the Existing and Proposed Lower Tamiami Aquifer Production Wells O'IVt.O IIi" uo- -.,00 '- CÞ . "':. t.O S .~ c:f . t.O (,) .~ ~ Q ON Q) Z....ro ScþQ E()Q.. ct <I) Llf ().o ~ OI~ :::.9 "r"" ....t:::CO roO CO O'''''~ -00 II) t:::'t"O c: .... () "r"" .. .0 1'! ~ .... Q) C> a <t ...... ';::'Iooí~ l; ~ t:::)( . - 2°(þ~ u a ""'Uot::: CÞ ~I ~ II)II).....CÞ 'õ' Õ ä:!Q~ ... c.. ~ ~I ·.~I ~:::: t::: :> CÞ;:.....o - .....::;)11)... ftS ~"00Q. - >- .... Q. ~S 'Q. ..... .. S§t:::- .... ftS a o 0 ,g~ 0 t ~...-:::: Õ o 0, ~ '- .....ä;2.Q ~I' ... "0 'Iooí .~ en -ë§g~ - c .ªI o"'~"O CÞ ~.E"O~ E o-.æli:: CÞ .... ~~ct:::::: .. > Õ nI S CÞ 0 ct .t: ,_ ~ l; t:::'Iooí ... .soll)cþ Q. a bUCÞ1; .5 W) .~~) .. ¡,;_t:::(!) nI ct ct ~ ~ :::s t::: t::: Q, ctt:::o~ .- :g ~.., N - .. .s~'2õ .- .... .Q a .!! >- .... t:::CÞII)(!) ..... b o .c: ct - a ;: ..... .Q ~~ CÞ ~ t It)~ rg a:: l; -I t:::"O....~ "1:S a CÞt:::co,Q - S:::S~" CÞ ~ Sco,~- !E .... co,Q~ a 8 :::::: Q" .~ ~ N .. &!~~£ .... 0 CÞ .... - 5 ftS C) .. 0 I: CI 0 CI 0 0 c g CI g CI .- .... CI 0 CÞ II) ~ 0 <Ii ~ rf .. 0 Ò <Ii CIO u ::2 z CIO 0 1.0 CIO <.J I") .... ... ... C ... ... ... 0 " C) GI " CÞ C 01 I: c at E 0 'ë .... .. 'E c E E ftS 'jjj 0 l- N .. 0 c E z z '; ...... Q .. 0 ~ w 1:1. u 0 - > I:r Q ...... :I t ~ u U III U W ::) C .. at CÞ c( 01 .... Q Q " III Q. ..... ca= 'õ' " 'jjj C III e c c Q 0 c ... ra ra Q U oo 1:1. c.. ...I ...I ,-- ,.. -"..----".-"..-- ..."..,.." EXECUTIVE SUMMARY Agenda Item No. 16C10 October 26, 2004 Page 1 of 8 Recommendation to waive formal competition and authorize the single source purchase of 46 Telemetry-equipped Lift Station Control Panels for Wastewater Collections in the amount of $204,478.00, Project 73922. OBJECTIVE: To ensure effective monitoring of flows and equipment, and backup remote control of wastewater pumping stations, CONSIDERATIONS: This Executive Summary is a continuation of a previous Board decision for this project, relating to Wastewater Collections Telemetry. On October 12, 2004, as Agenda Item lOB, the Board of County Commissioners authorized the purchase of 150 Remote Transmitting Units (RTU's) for Wastewater Collections Telemetry, in the amount of $950,525.00. The proposal from DataFlow Systems specifically identified what equipment and services they were to provide, This was further identified within the text of the aforementioned Executive Summary: A proposal for additional equipment and installation services for the 150 remaining unequipped stations has been provided by DataFlow. The proposed work is to provide full-service (equipment and complete installation) radio telemetry addition to 50 sites, and partial provision (telemetry components and antenna installations) for the other 100 sites. For the 100 sites with partial provisions, additional pricing is being solicitedfor new control panels and electrical installation. Of the 100 sites referenced in the previous sentence above, 46 sites require new control . panels. This Executive Summary is requesting approval for the purchase of the control panel for the 46 sites. The remaining 54 sites will not require a replacement control panel as part of the telemetry addition solution. However, these 54 sites will require specific case-by-case electrical work to fulfill the telemetry installations. If required, procurement approval by the Board of County Commissioners for this electrical work may be sought in a future Executive Summary . The final determinations of the 46 control panel requirements were intricately more detailed and required more thorough analysis. The negotiations of scope, price and systems integration understanding also necessitated that the purchase of the control panels be solicited for approval separately from the DataFlow telemetry purchase. The "Installed Telemetry Growth By Year" chart displayed at the previous Board Meeting is attached, Also attached is a timeline depiction, showing the relative cost and installation figures over the entire life of the Wastewater Collections Telemetry project. .,."...-, On November 18, 2003, as Agenda Item 16 C 4, the Board of County Commissioners approved the standardization of Radio Telemetry for Wastewater Collections, and authorized the FY04 purchase. With this approval, DataFlow Systems (DFS) is established as the approved telemetry provider for CoIlier County Wastewater Collections lift stations. Agenda Item No. 16C1Q October 26,2004 Executive Summary Page 2 of 8 Authorize Telemetry-equipped Control Panels for WW Collections Lift Stations Page 2 Additionally, the County has standardized on Flygt submersible pumps as their standard for lift station provisions. On May ] 1, 2004, as Agenda Item 8 B, the Board of County Commissioners adopted an updated Utilities Standards and Procedures Ordinance, including the Collier County Water-Sewer District Utilities Standards Manual. Standardizations for both DataFlow Systems Telemetry and for Flygt Submersible Pumps are contained within the Specifications of this Ordinance for Wastewater Lift Stations. The exclusive authorized distributor for lift station pumps and controls is E.K. Phelps & Company, who provides both as part of the package of a standard lift station. E.K. Phelps is very familiar with providing control panels that functionally integrate with the DFS telemetry system. Pursuant to Wastewater Collections' goals of adding telemetry to the stations with partial provisions, Staff, along with representatives of DFS and E.K. Phelps, has done thorough analysis and site investigation, Staff recommends that forty-six (46) lift stations of the 100 sites require control panel replacement to be coupled with telemetry addition. Pursuant to this need, E.K. Phelps submitted a proposal for these new control panels. A copy of this proposal is attached. The proposal from E,K. Phelps for the 46 control panels is for a total of $204,478.00. Staff has reviewed the proposal and has determined that the representative pricing is cost-effective, fair and reasonable. The per-unit average price for the control panels, which range in size from 2.4 horsepower to 20 horsepower, is $4,445.17. This compares quite favorably to historical prices of control panels. The economies of scale associated with the volume- pricing substantiate these price advantages, Additionally, other terms of the proposal from E.K, Phelps are very favorable, The proposal contains a clause to hold the prices fixed through September 2005. E.K. Phelps makes this offer knowingly, despite the threat of market volatility for stainless steel and future cost uncertainties for other materials, Also, E.K. Phelps outlines a willingness to store components and finished goods, as well as make other flexible production and delivery arrangements, Per Purchasing Policy V (A), the requirement for formal competition above the established Formal Competitive Threshold of $25,000 may be waived by the Board of County Commissioners where permitted by law for single source purchases, Per the summarized description above, it is established that E.K, Phelps meets the conditions for single source provision of these control panels. Should the Board elect to not approve this waiver (and thereby reject the proposal for these control panels), Staff would have to seek other means of procurement to fulfill system requirements. This would entail disadvantages to both time and financial resources. An alternate procurement would necessitate further analysis and review, re-engineering and scope clarifications. >""',"" Agenda Item No. 16C10 October 26, 2004 Executive Summary Page 3 of 8 Authorize Telemetry-equipped Control Panels for WW Collections Lift Stations Page 3 The Wastewater Department has utilized pumps, controls and other services from E.K, Phelps for several years and has experienced timely and satisfactory performance and service. FISCAL IMPACT: Funds in the amount of $204,478.00 are available for this project in the Sewer Capital Fund 414 in Project 73922 Wastewater Collections Telemetry. The scope of work is consistent with Wastewater Capital Budget funds budgeted in FY 05, as approved by the Board on September 23, 2004. The anticipated purchase order is consistent with the 2003 Wastewater Master Plan Update as adopted by the Board on May 25, 2004 as Agenda Item lOCo GROWTH MANAGEMENT IMPACT: There IS no Growth Management Impact resulting from this action, RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, waive formal competition and authorize a purchase order for 46 telemetry-equipped lift station control panels from E.K. Phelps in the amount of$204,478,00. PREPARE» BY: Dennis McGee, Instrumentation/SCADA Manager, PUED øm Number Item Summary Meeting Cite Agenda lLam NIJ. 16C10 October 26, :?D04 Page 4 QI 8 COLLIER COUNTY BOARD or CO~JNTY COMMISSIONERS 1/JC10 Rer.ommflrll:leti,.,n to wai....e rf.\rr"lIl !;ornpemll)t1 iJnd 'HJ1.hori;w tnn nll'lgi~ $OIHt;:Ø pUrr.:tltl~n of 46 Telf!;l'netry-eQuipped Lift SI..tion c;';'f'!lrol PoiInels f"r Wute-....llt&r Cûllec:tlClnll inlne ilIT10unt 01 S20ol..'\78,[¡O, projlct 739:J:! 10/2f:I)OíJ4 8':00'00 AM Prepared By 1V15/2U04 4:40:n4 PM Den"l:. McGt?tI flublJe; Ullltti(n¡ Dale ProJacl MrtOCl911" PobUr. UtlUtjeli F,tT'AltTClltrlOØ D... Approved B)' LytlWaou Admlnls;tt.tiv¡r, SefVi(:~1i Pur¢h~..II'I; Agenl F>urc¡'~G'ng 10/12/íi'004 8:311 A.M Dete Approved By Stt!v~ Camell Admlnt:Jtr4tivC!' Ser....ic4!~ Purch.lSlllg/GtfrUlr., ave.. DI,.clo, PurchftSlng 10/1Z1200. 9:06 AM D... Approved ø" Jeaeph 8. Cheatham Public Urtitien Was¡tHwut., DIr~(:tar WU~f!Watltr TJe<ltml'nt 10/12'20(142:\10 PM aalt- Approved By TItøn¡a1 IAlfdes Pubfic UUi!tl(ls OPClroJtlontl Olr~I:t[)r Public:: Utilities Q~rations 10f11/2D04 9:04 AM DøtP, Approved By I(nrl W. Bot-1M", P.r::, JlubllclltWlltllP Prll1rJI'" PrOjMt M..nlg:ttr Public; UtHlllas E.nginltcring 1 l3/1J/2004 \1:1. AM (Jaut: Approved By RoYfl Ahriftr~on, P.f:. Pllj)llc UtWtlM Publ(: lltllltin$ r-:n'tnlH!rtng (JJU"CIM Public: I.l1nttl", f.n"lr,.t~rrnu 1C111.f2D04V:1ß AM Oilltllt Approved By J,smes W. OelLo/tV Public Ulllltllts Pubtlt: lJUlltlb Adrnlfll"tr",t:)r Public UIfUtlflU Ad'nlnl.t.ItMlitln HJl111/2fJO" &:22.AM D... Approved By Pit L.tthllhlrd C.olJnl~· Ma.....,¡aUClr'lf; Offlcf\ AdmlnlUtátly* A"!lløtänt OI'flCP. of Mima)ltmenl .& BUdgat 1QI1I1/2004 'f1:.1 AM Datt' Approved By SUIaI1 U'llI~r County M.neg1!r'. Offtefl' Stllllor ManaUt!mentlBudget AII.IYItI Office Df M.nil~f!mC!nt 61. 9udQf\t tßf18/2C104 :t:11 PM 0... Approved By Mlchuel S!nykows.kl CClmty ManaOftr'1 Offtafl Management & Buuøer Drecto! Offh:.n of Mo1l1afl7mClnt & DUdgltt 10/18/201142:66 PM D"~ Appro\'ed B,y J.m.~ V, Mlldø BoarD OfCOUl']ty Calntl'll,ui!ont!1S COUII)' M¡I/ulgnr County MoIInO"IIII'1> Offic__ 10113/2004.':2\1 PM -- -------,-_.. Ov<:o ,.- 0 "- -')00 .' ~ ~ (,D (,DO) ci C'\j OJ z....ro o)CL E-O 0).8 =:u roO "0 c: 0) OJ « . 'e .~ ... ~ 8 0 .. t- I '--- !~. .. - ... '" t ì '" .... 5 '" - '" c I - ~ - a¡- ;¡ " ~ I " T j " ~ .5 E 'ê 8 ~ " 0 w ... " " 0 :!! I---- ~ " ;; ;!¡ gf-- ;; '--- .S ... c C N C - " " " " ~ 5 ;; " '" '" '" '" c 0 0 0, 0 i¡ - I- 1-1 1-1 f-- 1-1-- .!i ... I ð ~ ...1 ~ 5 w ..... ." . ". - .f-- ;¡ ,.'" .,. ~ $; I a¡~ " 0 ¡!; " w " - ~ .5 t! '" ex> Ë i I N c: .... 0 'Ë I 5 '" ..,. .!! " ó 0 " '" .¡ " 0 " ... '" 0 c ~I-- ;!¡- e ... N " T - - ~I '" " ;¡ ~ 0 {3. ;; '" ð 5 ~ 0 - 1-1-- " ~I f-- -! I .!! ~ I '" 5 <::: I I······ . I· ." Î - ;:¡ 0 ':! I ~þ 1! ... z 5 ... ... 'S ... ~ .... ----! 5"Ñ , U 0 I ..... Q 8 M 0 ~~ 'ê' .; 0 ..... ~ M 0 E "l ~f-- 0- ;; åS ~ 8 M' ß 0 ;; ... ~ 0 - '5. N - - c w "' "! iii U 5 ~ ". ..... ." ".. ..... .. ...... '- " ... ':! w w 5 w J " ;: - - w .. I t! ~ 8 .! 5 ,..: 8 0 w i .... 0 g- :!! ól--- .. '" ... w I t: - .... ~ .~ 5 ª .. c ... f-- - ¡ " I i ~ ... 5 " " 1 ....... .... ... ..... I .... f-- " I c '~I '':: I 8 I '" w ... .. 0' ~~ 8- E f--- 0 M e ?:- 0 .... .. t! I .. 0 ¡¡ ~ - ó ! 5 0 M E ~ .... ' ..... ~ ::I - "I- ;;- w rJ) l I ~ ~~ " 1:i .. ;> i ~ .. 0 s ~ ¡¡ - " Ii I 8 c -If :::J w Ñ '" :>1 'õ ~ i 0 .; ~ (;) II.. ~ II ~ " ;s; lJ ~ oS II .. :I, I co 1 ;; E ;; ... ~ ... ~ c t ~- CII - ~ E 'C 0 êl! !!:. ~ " 0 CII U ~ 1 '5 I ì T' 1/1 .. .. 1/ 1/ '¡: C co 'E 'E ~ .. I I I 0 e 0 0 1/ 1;; 0 :o:¡ ;: .. .. iii I 0 I u .!! of of u I .9:! II B ~ " .~ co 8 co Õ I- III ~ Z o .. ãi '1: \,,,, III U ~ ;ell. ell. »" 11 ~ ... .cO u ... ...... ~~ 111- " ... I I w II.J! h ¡c .., -c; J!:! J! c 'Ë' e c " 0(0 ÕO co" c " ~ ; i 01 ~!::. ::o!::. ~:.8 ... III A. 'S ~ " 1 " l: "l: ù'1II ......¡¡; ~ III ... J!:! ... II .¡ r à 1I~18~1=~ tí .. .. 0 1/1 E" ¡cC ¡.- ,~ :; C N ~ .!/ ~ .!/ ~ 1/ ~ '8 E 0 .. '" - 1/ .. ~O' zO' U!E ::I III ::0 U "' 1-11. 111% U < ,..,. .., Agenda Item No. 16C10 October 26.2004 Page 7 of 8 MANUfollCTUR£R'S REPI1..f5ENTA11VE . WATER AND WAST'E WA~ TRfAT}IIENT EQUIPMENT Sep~ember 21,2004 Collier County Capital Project 3301 East Tamiami Trail, Bldg.H Naples, Florida 34112 Attention; Dennis McGee Re; Control Pane1s Dear Dennis. Attached is listing of Control Panel priçes and quantities, based on the spread shtet I received from the Waste Water Collection Department, The per-unit price is as shown, with the total for aU panels (46) indicated. Ellis K. Phelps has agreed to hold these prices until September 30, 2005. These panels do not include EUis K. Phelps purchasing the TCD and radio, However we will insta11 the TCU/radio in the control panel. We are also witling to store the TCU/radio you purchase from Data-Flow. You will need to have Data-Flow tag the units for specific sites due to the frequencies. Other considerations for acceptance of this proposal: · Panels are Standardized to Collier County Specifications · Control Panels are Authorized for Flygt pumps · Panels Incorporate proper integration with the latest DatalFlow TCU and radio · Storage, Delivery and staggered/delayed production provided at NO COST As always. Thank you for your business and if I can be of any assistance, please do not hesitate to contact me, Sincerely, ~~ Chris Stewart Cc: Juan CitareUa R,W. Cole File &771 C'jUNTM~ cAKfS DRIVE' FOR! WVE~S. FlOAIOA 3HOS . 239 S93·5126 . fl<X 139·593·14£5 ~ p 0 ~ K" " .1 ,T 'v1 Y { II S AIVIEI\A UEA~t{ ~AV^.·iAH 1 . d 98..1 &69 6E~ 5dt.~d )t 3 V09:11 ..0 tI ~oo Agenda Item No. 16C10 October 26, 2004 Page 8 of8 ,..-" ~ .",,,,,,,,.-, "..",,,,,.., 0."" '" ..." ."" "....... .."..'" .LL'. ... ..N..... . .......y TO: Collier County Utilities SUBJECT: PANELS DATE: 10/06104 We a'e pleased to offer the following equipment. (7) Duplex - 3Hp/230V Panels (c $4062 per) $28.434.00 (10) Duplex - 5Hp 3Ph123DV Panels ( @ $4094 per) $40.940.00 (10) Duplex - 10Hp 3Phl230V Panels (@S4369 per) $43,690.00 (1) Duplex - 20Hp 3Ph/23OV Panel (@ $5310 per) $ 5,310.00 (14) Duplex - 2,4Hp 1 Phl230V Panels (@ $4148 per) $58,072.00 (4) Duplex - 4Hp 1 Ph 230V Panels (@ $7008 per) $28,032.00 PRICE: $ 204,478.00 . plus taxes, F.O.a. factory, with freight allowed to job site. THIS PROPOSAL WILL EXPIRE IN THIRTY (30) DAYS UNLESS EXTENDED IN WRITING BY ELLIS K PHELPS & COMPANY. NOTE: WE DO NOT SUPPlY PIPING, VALVES, GUIDE BARS, PRESSURE GAUGES OR SPARE PARTS EXCEPT AS INDICATED ABOVE. TERMS: SUBJECT TO CREDIT APPROVAL NET 30 DAYS AFTER DATE OF INVOICE OR 100% PAYABLE BEFORE START-UP OF EQUIPMENT (WHICHEVER . COMES FIRST). A SERVICE CHARGE OF 1.5% PER MONTH WILL BE ADDED TO ALL BALANCES UNPAID 30 DAYS AFTER INVOICE DATE. FAILURE TO PAY IN ACCORDANCE WITH THESE TERMS WILL VOID ALL WARRANTIES. CONOmONS: (1) Price Is flnn based on our receiving complete approval and release For production four (4)weeks after drawings have been submitted by Ellis K. Phelps & Company. (2) PARTIAL BILLING WILL BE MADE ON ANY PARTIAL SHIPMENT. We thank you for your interest in our equipment and look forward to being of service to you in the near future. A SIGNED FACSIMILE COPY OF THIS PROPOSAL IS ACCEPTABLE AS A BINDING CONTRACT. elliS K PHELPS & COMPANY (1-0 -~ hrlstopher Stewart Accepted By: Print Name: Company Name: Date: 5111 COUNrRV IAUS ORIIIE ' FORI MYERS, HORIDA 3au ' 239.693.522. . fAX 2U.6UJ.IH5 II P D P k A 0 F r, M T E R S 0 R I V I ERA -. E A C HaS A V ANN A H a'd sa..t £89 SEa sd¡"l.d )f 3 -¡SIll vo 11 ~~O .._. .---.------- ·-·-----_...'_0 .,.....- Agenda Item No. 1601 October 26, 2004 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve an Agreement with the Agency for Health Care Administration for $2,100,000 for participation in the Upper Payment Limit Program for services provided on behalf of the Human Services Department, Health Department, and David Lawrence Center to generate an additional $367,500 in Federal matching funds annually. OBJECTIVE: To provide human services at the most efficient value by leveraging Federal funds with existing budgeted local funds. CONSIDERATIONS: The Agency for Health Care Administration (AHCA), the State entity that provides Medicaid Services in Florida, offers a program that leverages Federal funds with local matching funds to enhance services to low-income individuals through special Medicaid payments. This Upper Payment Limit program as it is titled provides for communities to enter into an agreement with ACHA to utilize local funds to gain an additional 17.5% from the Federal Government to provide special Medicaid payments through a local qualifYing hospital. In Collier County's case, Naples Community Hospital is the only eligible hospitallocal1y. Naples Community Hospital has agreed to accept these funds and in return fund the County's programs (Human Services, County Health Department, and David Lawrence Center) at the same amount funded by the Board of County Commissioners in FY '05 utilizing the additional Federal dol1ars (see attached table). The three Agencies will provide the services identified in the table. Naples Community Hospital will administer these programs for a fee of $47,500, which will be paid for from the additional Federal matching funds. This fee was negotiated as an actual cost of the administration based upon personnel time and overhead, This wil1 provide a budgetary savings to Collier County of$320,000. The $2,100,000 Agreement with AHCA will generate the following additional amount of revenue: Human Services Department $ 69,500 Health Department $156,000 David Lawrence Center $142,000 Savings $367,500 less administrative fee $ 47,500 Total Savings $320,000 ,-" FISCAL IMPACT: Participation in the Upper Payment Limit program will provide up to $367,500 in matching Federal revenue for healthcare and behavioral healthcare resources to Collier County, thus reducing the contribution of general funds to the programs outlined above, Local matching funds are available within the FY 05 budget for these programs. '~'-""""''''''-'''' ..., ,~,'''''..._'"..'..~,.'. '. , Agenda Item No. 1601 October 26, 2004 Page 2 of 8 GROWTH MANAGEMENT IMPACT: There IS no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the agreement and authorize the Chainnan to sign said agreement. Prepared by: Barry Williams, Director, Human Services Department .~. Agenda Item No. 1601 October 26.2004 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16D1 Recommendation to approve an Agreement with the Agency for Health Care Administration for $2,100,000 for participation in the Upper Payment limit Program for services provided on behalf of the Human Services Department, Health Department, and David Lawrence Center to generate an additional $367,500 in Federal matching funds annually. Meeting Date 10/26/2004 9:00:00 AM Prepared By Date Barry Williams Human Services Director 10/12/20044:45:25 PM Public Services Human Services Approved By Barry Williams Human Services Director Date Public Services Human Services 10/14/200412:39 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 10/14/20044:31 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 10/14/20044:39 PM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 10/14/20044:53 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10/15/20048:52 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/15/20045:49 PM Agenda Item No. 1601 October 26,2004 Page 4 of 8 Letter of Agreement THIS LETTER OF AGREEMENT made and entered into in duplicate on the _ day of ,2004 by and between Collier County, (the County) and the State of Florida, through its Agency for Health Care Administration, 1. Per House Bill 1835, the General Appropriations Act ofFY 2004-2005, passed by the 2004 Florida Legislature, Collier County and the State of Florida, through the Agency for Health Care Administration, agree that Collier County will remit to the State an amount not to exceed a grand total of $2, 1 00,000 for the following programs: $2,100,000 is to fund the Medicaid Inpatient Upper Payment Limit program. a) The County and State have agreed that these funds will only be used to increase the provision of Medicaid funded health services to the people of the County and the State of Florida at large. b) The increased provision of Medicaid funded health services will be accomplished through the following Medicaid programs: 1. The disproportionate share program. ii. The removal of inpatient and outpatient reimbursement ceilings for teaching, specialty and community health education programs hospitals. Ill. The removal of inpatient and outpatient reimbursement ceilings for hospitals whose charity care and Medicaid days as a percentage of total adjusted hospital days equals or exceeds 11 percent. IV, The removal of inpatient and outpatient reimbursement ceilings for hospitals whose Medicaid days, as a percentage oftotal hospitals days, exceed 9.6 percent, and are trauma centers. v. Increase the annual cap on outpatient services from adults for $500 to $1500. VI. Special Medicaid payments to rural hospitals, trauma centers, graduate medical education programs, primary care services and other Medicaid participating hospitals. VB. Special Medicaid payments to hospitals that provide enhanced services to low-income individuals. Agenda Item No. 16D1 October 26, 2004 Page 5 of 8 2. The County will pay the State an amount not to exceed the grand total amount of$2, 1 00,000. The County will transfer payments to the State in the following manner: a) The first quarterly payment of$525,000 for the months of July, August, and September is due upon notification by the Agency. b) Each successive payment of $525,000 is due at the end of each quarter, December 21,2004, March 31, 2005 and June 30, 2005. c) The State will bill Collier County each quarter payments are due. 3. Attached are the DSH and Special Medicaid Payment (SMP) schedules reflecting the anticipated annual distributions for state fiscal year 2004-05, 4. This Letter of Agreement is contingent upon the State Medicaid Hospital Reimbursement Plan reflecting 2004-05 legislative appropriations being approved by the federal Centers for Medicare and Medicaid Services. 5. The County and the State agree that the State will maintain necessary records and supporting documentation applicable to Medicaid health services covered by this Letter of Agreement. Further the County and State agree that the County shall have access to these records and the supporting documentation by requesting the same from the State. 6, The County and the State agree that any modifications to this Letter of Agreement shall be in the same form, namely the exchange of signed copies of a revised Letter of Agreement. 7. The County confirms that there are no pre-arranged agreements (contractual or otherwise) between the respective counties, hospital districts, and/or the hospitals to re-direct any portion ofthe Medicaid supplemental payments in order to satisfy non-Medicaid activities. 8. This Letter of Agreement covers the period of July 1,2004 through June 30, 2005. Agenda Item No. 1601 October 26, 2004 Page 6 of 8 WITNESSETH: IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on the day and year above first written. COLLIER COUNTY HUMAN SERVICES BY: A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By: Donna Fiala, Chairman Board of County Commissioners By: Approved as to form and legal sufficiency AGENCY FOR HEALTH CARE ADMINISTRA nON By: Kenneth L. Thurston, CPA Assistant Deputy Secretary for Medicaid Finance Assistant County Attorney Witness: Print Name: Agenda Item No. 1601 October 26, 2004 Page 7 of 8 Collier County Intergovernmental Transfers Program / Amount State Fiscal Year 2004-05 DSH - UPL 2,100,000 Statewide Issues - Total Funding 2,100,000 .--vCO 0°- <.000 .--NCO "<Ô Cl) °Nm Z.....ro ECl)Q.. Q)..D _0 -;ü -00 C Q) m « o -=t:~ <:¡ <= 0'. '" Q. N ~ ê "" - or)'-O'<t 00 0' "" 00'-0 N~r-: ..... tr) .-t '" 1""'"'1 0\ 0 '<t 00 '<t 0' '<t \D N\D\Dor)N ..... ...: ..,¡ Ó ~...o .-£ ........ "'d".....,; ......,¡ lr) ..... ~~~~~~~~~ ~ .... ~ g ~~O'. -C .- N = .. "" = <= fIJ or) \D 00 0' 00. N'..... ..... 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E Ë Ë <t::t:t::t::t::.E¡t::t::t:: Þ ~ ~ ~ ~ ~ ~ ~ ~ ._ 0. 0. 0. 0. 0. ~ 0. 0. 0. _ <1) U U <1) U 0 U <1) <1) = 0 0 0 0 0 "'::: 0 0 0 ¡;,;¡..<::..<::..<::..<::..<::.g.s.s.s ~~~~~ §ëa~ëa:5 :i: :i: :i: :i: :i: ~ :i: :i::i: ~ V") o >-< t:.t.. .... <1) U ..<:: '" ..>c: ... o ~ .....J Cl.o :::J 5§! ~ '<t \D IoØ ..... f' ~~ ~ r-- "" Q 00 V") Q r-- V1 "" "~ r-: '<t \D IoØ f' ~~ ~ o '<t "" N" 0' 00 "" r-- Q ..... '<t Q N '<t Q o· r-: = ..... 0' Q 00 "" _ M ~~ ~ 00 Q ~ ~ Q 00= 00 Q o 0 "" N' r-: r-: V") \D IoØ 0' '<t .., M ~~ ~ ~J~ o ~ o o or) oô '<t o. 00 Q o ~ Q 00= 00 Q 00"" N' r-: r-: V1 '-0 IoØ 0' '<t .., M ~~ ~ - = 4ì ê 1:: <= Q. 4ì Q .c - "; 4ì = t:: U E ~ ~ E 0. U U UO <1) '" u U ~ u r~ ~cn .....J ~ '0 ~ .~ § o::r: ,- Agenda Item No. 1602 October 26, 2004 Page 1 of2 EXECUTIVE SUMMARY Recommendation to recognize additional revenue in the amount of $10,560 in FY 04 and sign the budget amendment to increase Home and Community Based Services Medicaid Waiver budget. OBJECTIVE: The execution of this budget amendment is necessary to recognize additional revenue from the Home and Community Based Medicaid Waiver program in the amount of $10,560. CONSIDERATIONS: Collier County Services for Seniors has been providing case management and in·home respite services to Collier County's frail elderly for the past 10 years through the Medicaid Waiver program. Funding is based on the actual amount of case management hours generated by the Services for Seniors staff. The funds are budgeted during the formal County budgeting process based on historical data, The actual amount of funding generated for the FY 03-04 grant year was $60,560. This is $10,560 more than was previously estimated during the initial budget cycle. GROWTH MANAGEMENT: There IS no growth management impact from this recommendation. FISCAL IMPACT: FY 03-04 budget in the Medicaid Waiver project (155960-446411) will increase by $10,560. No additional matching funds are required. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners sign the Medicaid Waiver budget amendment for FY 04 in the amount of $10,560 to recognize the additional revenue. Prepared by: Terri DanieJs, Grants Supervisor, Human Services Department ",~-.... '" . ,,....~,.......""....~" ,- Agenda Item No. 1602 October 26, 2004 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1602 Meeting Date Recommendation to recognize additional revenue in the amount of $10,560 in FY 04 and sign the budget amendment to increase Home and Community Based Services Medicaid Waiver budget. 10/26/20049:00:00 AM Prepared By Date Terri A. Daniels Grants Coordinator 10/12/20044:59:24 PM Public Services Human Services Approved By Barry Williams Human Services Director Date Public Services Human Services 1 0/12/2004 5: 07 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 10/14/2004 4:50 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 10/14/20044:58 PM Approved By Gary A. Vincent Management & Budget Analyst Offibe of Management & Budget I Date County Manager's Office 10/15/20049:29 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10/18/2004 9:33 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/18/200411:47 AM ,~._', Agenda Item No. 16D3 October 26, 2004 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve a budget amendment in the amount of $10,000 to increase the Older American's Act Title III-B budget and authorize the Chairman to sign the contract amendment between Collier County Board of County Commissioners and Senior Solutions of Southwest Florida D/B/A Area Agency on Aging. OBJECTIVE: The execution of this contract and budget amendment is necessary to recognize additional grant funding in the Services for Seniors program. CONSIDERATIONS: Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly for the past 29 years through the Older Americans Act program, The Title III-B program, which provides in-home services and transportation to Collier County's frail elderly, has been awarded an increase in funding from the grantor agency, Senior Solutions. The contract amendment also specifies an increase of $30,000 in the Title III C-l Congregate Meals program. However, these funds will be retained by Senior Solutions who contracts directly with service providers for pay for direct services authorized by Collier County Services for Seniors. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. .- FISCAL IMPACT: FY 04-05 budget in the Older American's Act Title III-B program (155972- 346421) will increase by $10,000. No additional matching funds are required, RECOMMENDATIONS: Staff recommends that the Board of County Commissioners authorize the Chairman to sign the contract and approve the necessary budget amendment. The contract has been reviewed and approved by the County Attorney's Office. Prepared by: Terri Daniels, Grants Supervisor, Human Services Department ..--.., - Agenda Item No. 1603 October 26, 2004 Page 2 of4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16D3 Recommendation to approve a budget amendment in the amount of $10,000 to increase the Older American's Act Title III-B budget and authorize the Chairman to sign the contract amendment between Collier County Board of County Commissioners and Senior Solutions of Southwest Florida D/B/A Area Agency on Aging. 10/26/2004 900:00 AM Meeting Date Prepared By Date Terri A. Daniels Grants Coordinator 10/12/20045:11:21 PM Public Services Human Services Approved By Barry Williams Human Services Director Date Public Services Human Services 1011412004 12:42 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 10114120044:53 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 10/15120048:26 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 10115/2004 9: 33 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10/15120041:54 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1011512004 5:55 PM _. Agenda Item No. 1603 October 26,2004 Page 3 of 4 AMENDMENT # 002 Agreement # OAA 213.04 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS This AMENDMENT, entered into between the Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Solutions of Southwest Florida, hereinafter referred to as the "agency", and Collier County Board of County Commissioners, hereinafter referred to as the "recipient", amends Agreement # OAA 213.04. l. The purpose ofthis amendment is to increase funds for Title IIIB Services by $10,000, and Title III Cl Congregate Meals by $30,000. This amendment shall be effective on September 20, 2004. All provisions in the contract and any Attachments thereto in conflict with is amendment shall be and hereby changed to conform with this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract and the Master Agreement. This amendment and all its attachments are hereby made a part of the agreement. Program Title Year Funding Source CFDA# Fund Amounts Older Americans 2004 U.S. Dept. Of Health 93,044 -045 and Act and Human Services 93.052 Title IIIB Services 2004 U.S. Dept. Of Health 93,044 and Human Services Lead Agency Operations $ 54,870.00 Spending Authority $ 322,867.00 Title III C 1 Congregate Meals 2004 U.S. Dept. Of Health 93,044 and Human Services Lead Agency Operations $ 31,459.00 Spending Authority $ 210,564.00 Agenda Item No. 1603 October 26, 2004 Page 4 of 4 AMENDMENT # 002 Agreement # OAA 213,04 IN WITNESS WHEREOF, the parties hereto have caused this ~ page amendment to be executed by their officials thereunto duly authorized. COLLIER COUNTY HUMAN SERVICES BY: ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Donna Fiala, Chairman Board of County Commissioners Date: September 20. 2004 Approved as to form and legal sufficiency AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. D/B/A SENIOR SOLUTIONS OF SOUTHWEST FLORIDA By: Roger Bumgarner Board President Assistant County Attorney Date: September 20. 2004 Witness: Print Name: 2 Agenda Item No. 1604 October 26,2004 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve an Agreement with the Agency for Health Care Administration for $164,400 to be used as the local government match for State and Federal funding to operate the Horizon's Primary Care Clinic. OBJECTIVE: To provide human services at the most efficient value by leveraging Federal funds with existing budgeted local funds. CONSIDERATIONS: The Agency for Health Care Administration (AHCA), the State entity that provides Medicaid Services in Florida, offers a program that leverages local and State funds with Federal matching funds to enhance services to low-income individuals through special Medicaid payments. Collier County Government participated last FY in the Upper Payment Limit program associated with the Agency for Health Care Administration (AHCA), With this Agreement, local government funds are transferred to ACHA as an intergovernmental transfer (lGT), These funds are returned to Shand's Hospital in Gainesville to support their Medicaid programs. ...-.., Collier Health Services, Inc. and the Department of Health have a separate agreement with Shand's Hospital, where the hospital has agreed to assist with primary care work. Shand's, under a separate appropriation, provides the additional funding for primary care programs throughout Florida including the Horizon's Primary Care Clinic. The Board of County Commissioners has committed funds from the Human Services' budget this FY to provide $164,400, which will be matched with $164,400 in State general revenue, which in turn will generate an additional $472,000 in Federal matching funds. FISCAL IMPACT: Participation in the Upper Payment Limit program will provide an additional $636,400 in State and Federal resources to operate the Horizon's Primary Clinic. Local matching funds of $164,400 are available within the FY 05 budget for this program. GROWTH MANAGEMENT IMPACT: There IS no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the agreement and authorize the Chairman to sign said agreement. Prepared by: Barry Williams, Director, Human Services Department ,_. Agenda Item No. 1604 October 26,2004 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16D4 Recommendation to approve an Agreement with the Agency for Health Care Administration for $164,400 to be used as the local government match for State and Federal funding to operate the Horizon's Primary Care Clinic. Meeting Date 10/26/2004 9:00:00 AM Prepared By Date Barry Williams Human Services Director 10/12/20044:43:38 PM Public Services Human Services Approved By Barry Williams Human Services Director Date Public Services Human Services 10/14/200412:44 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 10/14/20044:58 PM Approved By .-' Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 10/15/20048:22 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 10/18/2004 11 :48 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10/18/20042:51 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10119/20044:35 PM Agenda Item No. 1604 October 26, 2004 Page 3 of 4 Letter of Agreement THIS LETTER OF AGREEMENT made and entered into in duplicate on the _ day of _,2004 by and between Collier County, (the County) and the State of Florida, through its Agency for Health Care Administration, 1. Per House Bill 1835, the General Appropriations Act of FY 2004-2005, passed by the 2004 Florida Legislature, Collier County and the State of Florida, through the Agency for Health Care Administration, agree that Collier County will remit to the State an amount not to exceed a grand total of $164,400 for the following programs: $164,400 is to fund the Medicaid Inpatient Upper Payment Limit program, a) The County and State have agreed that these funds will only be used to increase the provision of Medicaid funded health services to the people of the County and the State of Florida at large. b) The increased provision of Medicaid funded health services will be accomplished through the following Medicaid programs: i. Special Medicaid payments to rural hospitals, trauma centers, graduate medical education programs, primary care services and other Medicaid participating hospitals, 11. Special Medicaid payments to hospitals that provide enhanced services to low-income individuals. 2. The County will pay the State an amount not to exceed the grand total amount of $164,400. The County will transfer payments to the State in the following manner: a) The first quarterly payment of $41,100 for the months of July, August, and September is due upon notification by the Agency. b) Each successive payment of $41,100 is due at the end of each quarter, December 21,2004, March 31, 2005 and June 30, 2005. c) The State will bill Collier County each quarter payments are due, 3. This Letter of Agreement is contingent upon the State Medicaid Hospital Reimbursement Plan reflecting 2004-05 legislative appropriations being approved by the federal Centers for Medicare and Medicaid Services. 4. The County and the State agree that the State will maintain necessary records and supporting documentation applicable to Medicaid health services covered by this Letter of Agreement. Agenda Item No. 1604 October 26, 2004 Page4of4 Further the County and State agree that the County shall have access to these records and the supporting documentation by requesting the same from the State. 5. The County and the State agree that any modifications to this Letter of Agreement shall be in the same form, namely the exchange of signed copies of a revised Letter of Agreement. 6. The County confirms that there are no pre-arranged agreements (contractual or otherwise) between the respective counties, hospital districts, and/or the hospitals to re-direct any portion of the Medicaid supplemental payments in order to satisfy non-Medicaid activities, 7. This Letter of Agreement covers the period of July 1,2004 through June 30, 2005. WITNESSETH: IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on the day and year above first written. COLLIER COUNTY HUMAN SERVICES BY: .- ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Donna Fiala, Chairman Board of County Commissioners Approved as to form and legal sufficiency AGENCY FOR HEALTH CARE ADMINISTRATION By: Kenneth L. Thurston, CPA Assistant Deputy Secretary for Medicaid Finance Assistant County Attorney Witness: Print Name: ,,-- Agenda Item No. 1605 October 26, 2004 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve the FY 05 Agreement with the David Lawrence Center, Inc. for $952,000. OBJECTIVE: To obtain Board of County Commissioners' approval and authorization for the Chairman to sign the FY 05 agreement with David Lawrence Mental Health Center, Inc. CONSIDERATION: As mandated by Florida Statutes, Section 394.76(9)(a) and (b), a commitment has been made to provide funding in the amount of $952,000 to the David Lawrence Health Center, Inc., a provider of behavioral health and substance abuse treatment. These funds are utilized to support behavioral health and substance abuse programs offered through the David Lawrence Center. Through a separate agreement between the Agency for Health Care Administration and the Board of County Commissioners, The County will contribute $810,000 to the Agency for Health Care Administration. This amount will be matched through the Upper Payment Limit program for the remaining $142,000. The total amount of $952,000 will be distributed to the David Lawrence Center by Naples Community Hospital. ".""..""" FISCAL IMPACT: Funding in the amount of $810,000 for the service contract has been appropriated in the FY 05 budget under the General Fund (00 I). This amount will be supplemented by Federal funds through the Upper Payment Limit program for an additional $142,000, GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this contract. RECOMMENDATION: That the Board of County Commissioners approve the FY 05 Agreement with the David Lawrence Mental Health Center, Inc. in the amount of $952,000, Prepared by Barry Williams, Human Services Director ~,-.". Agenda Item No. 16D5 October 26, 2004 Page 2 of? COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16D5 Meeting Date Recommendation to approve the FY 05 Agreement with the David Lawrence Center, Inc. for $952,000. 10/26/20049:00:00 AM Prepared By Date Barry Williams Human Services Director 10/12/20044:45:05 PM Public Services Human Services Approved By Barry Williams Human Services Director Date Public Services Human Services 10/14/200412:43 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 10/14/20045:03 PM Approved By Pat Lehnhard Administrative Assistant Date .,- County Manager's Office Office of Management & Budget 10115120048:20 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 1011812004 12:39 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 10/18/20041:04 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10118/20043:13 PM - Agenda Item No. 1605 October 26, 2004 Page 3 of 7 AGREEMENT THIS AGREEMENT entered into this _ day of , 2004, at Naples, Collier County, Florida, by and between the Board of County Commissioners, Collier County, Florida, hereinafter referred to as the COUNTY, and the David Lawrence Mental Health Center, Inc., located at 6075 Golden Gate Parkway, Naples, FL 34116, hereinafter referred to as the CENTER. WITNESSETH WHEREAS, the COUNTY is desirous of helping financially and has deemed it to be in the public interest to do so for David Lawrence Mental Health, Inc.; and WHEREAS, the COUNTY wishes to fund mental health and alcoholism services provided by the CENTER as it is authorized to do so under its government; and WHEREAS, the CENTER has contracted with the State of Florida, Department of Children and Families to act as a provider of mental health and substance abuse services as described by the approved District 8 Mental Health and Substance Abuse Plan. of the Florida Department of Children and Families. NOW, THEREFORE, in consideration of the mutual undertaking and agreements hereinafter set forth, the COUNTY and CENTER agree as follows: 1. The CENTER shall: A. Provide mental health and alcoholism services consistent with the approved Florida Department of Children and Families District 8 Mental Health and Substance Abuse Plan ["District Plan"], incorporated herein by reference, and shall do so in compliance with all state, federal and local laws and ordinances and regulations. B. Serve as an independent contractor, not an agent or employee of Collier County, for the transportation and care of patients restrained pursuant to the Florida "Baker Act," Florida Statutes, Chapter 394.451, et seq., adhering to all regulatory and legal requirements of said act, Rule 10E-5.040, F, of the Florida Administrative Code and all other pertinent laws, rules and regulations. C. Provide detoxification services consistent with the approved District Plan. D. Provide these services within the boundaries of the COUNTY, Florida, E. Possess, maintain and keep current all necessary licensees), Agenda Item No. 1605 October 26, 2004 Page 4 of? .,_. F. Adhere to all conditions applicable to the administration of mental health funds pursuant to Florida Statutes, Chapter 394.451, et seq., and the administrative rules attendant thereto. G. Maintain adequate financial records and reports relating to all funds paid by the COUNTY under this Agreement. H. Maintain books, records, documents and other evidence of accounting procedures and practices that fully and properly reflect all direct and indirect costs of any nature expended in the perfonnance of this Agreement and paid for with COUNTY funds. I. Maintain adequate fiscal accounting procedures for the audit or review of any expenditures, as requested by the COUNTY from time to time. ], Allow, upon request the inspection, review or audit of its fiscal records by COUNTY personnel upon request by COUNTY. K. Collect fiscal and operational statistical data pertaining to the care and treatment of all patients served and funded by the COUNTY on a regular basis and deliver these written fiscal statistical reports on a quarterly basis to the COUNTY Public Services Administrator by the 10th day of the month immediately following the preceding quarter. -, L. Submit payroll records and activity data to the COUNTY Public Services Administrator on a quarterly basis in order that the disbursement of COUNTY funds to reimburse the CENTER for such expenditures shall be in accordance with the pre-auditing and accounting procedures on the part ofthe Board of County Commissioners as mandated by Sections 129.08 and 129.09, Florida Statutes. M. Retain all books, records and other documents relative to this Agreement for three (3) years after final payment. N. Acting as an independent contractor and not as an employee of the COUNTY in operating aforementioned services, the CENTER shall be liable for, and shall indemnify, defend, and hold the COUNTY, State and Federal Government harmless from and against all claims, suits, judgments, damages, losses and attorney's fees and expenses arising from its operations and provision of the aforementioned services during the course of this agreement During the tenn of this agreement the CENTER shall procure and maintain liability insurance coverage. The liability insurance coverage shall be in amounts not less than $1,000,000 per person and $200,000 per incident or occurrence for personal injury, death, and property damage or any other - 2 ----- Agenda Item No. 1605 October 26,2004 Page 5 of 7 claims for damages caused by or resulting from the activities under this Agreement. Such policies of insurance shall name the COUNTY as and additional insured. The CENTER shall submit written evidence of having procured all insurance policies required herein no later than 10 days after the effective date of this Agreement and shall submit written evidence of such insurance policies to the COUNTY Public Services Director and to the COUNTY's Risk Management office. The CENTER shall purchase all policies of insurance from a financially responsible insurer duly authorized to do business in the State of Florida, The CENTER shall be financially responsible for any loss due to failure to obtain adequate insurance coverage and the failure to maintain such policies or certificate in the amounts set forth herein shall constitute a breach of this agreement. O. Submit to the COUNTY each year a copy of its annual audited financial statements. II. The COUNTY shall: A. Reimburse the CENTER quarterly, in advance, at least one-fourth (1/4) of the total allocation for "Operational Funds" approved for the CENTER by the Board of Commissioners as specified in Section III -0 of this Agreement, in accordance with the approved District Plan. III. The CENTER and COUNTY mutually agree: A, The term of this agreement is from October 1,2004 to September 30,2005. B, This Agreement may be terminated by either party upon thirty (30) days prior notice in writing to the other party. C. This Agreement is subject to an annual item of appropriation contained in the annual County budget. D. The entire financial obligation of the COUNTY under this Agreement shall not exceed Nine hundred and fifty two thousand ($952,000). The $952,000 includes the funding for all Operational costs, including transportation of Baker Act participants. The matching funds shall come from local sources and shall be utilized as part of the matching requirements of Florida Statutes, Section 394.76(9)(a) and (b), E. There will be no discrimination on the basis of race, color, sex, religious background or national origin in performance of this Agreement in regard to provisions of service or in regards to employment. 3 Agenda Item No. 16D5 October 26,2004 Page 6 of 7 F. No modification, amendments or alterations to the tenns or conditions contained herein shall be effective unless contained in a written document executed with the same formality, and of equal dignity, herewith. G. The CENTER shall not assign the perfonnance of services called for in the Agreement without the written consent of the COUNTY. H. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing addressed to: Ifto the COUNTY: Collier County Public Services Division, Administrator Health and Public Services Building 3301 East Tamiami Trail Naples, FL 34112 If to the CENTER: David Lawrence Mental Health Center, Inc. 6075 Golden Gate Parkway Naples, FL 34116 ,- or to such other address as any party may designate by notice complying with the terms herein stated. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA by: Deputy Clerk Donna Fiala, Chairman ,,-., 4 Agenda Item No. 16D5 October 26, 2004 Page 7 of 7 ATTEST: DA VID LA WRENCE MENTAL HEALTH CENTER, INC. . by: (CORPORATE SEAL) Approved as to form and legal sufficiency Jacqueline Hubbard Robinson, Assistant County Attorney 5 Agenda Item No. 16E1 October 26, 2004 Page 1 of 20 EXECUTIVE SUMMARY Report and· ratify staff-approved change orders and changes to work orders to Board - approved contracts OBJECTIVE: To enable the Board to oversee the execution of administrative change orders and changes to work orders, and promote accountability in the use of staff authority. CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement a plan to enable changes to BCC-approved contracts (Section XIV. C, Collier County Purchasing Policy) of not greater than 10 percent of the current Board approved amount or $10,000 (whichever is greater) to be authorized by staff. Also included in the report are changes to Work Orders. These include work orders issued under CCNA Contracts, which are less than or equal to $90,000 (Section VII.C, Collier County Purchasing Policy), and changes to work orders for all other contracts (Section XIV. G, Collier County Purchasing Policy) which are not greater than 10 percent of the current Board Approved amount or $100,000 whichever is greater. The Administrative report identifies the percentage changes to contracts or work orders that have occurred since the amount most recently approved by the BCC, which are below the threshold limits as referenced above. ,_. The plan calls for staff to submit a monthly report listing these change orders from the previous reporting period. Enclosed is the monthly report of the Administrative Change Order and Administrative Changes to Work Orders Report. These reports covers the period of August 31, 2004 through September 30,2004 FISCAL IMPACT: There is no fiscal impact resulting from this action. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners accepts the enclosed Administrative Change Order and Administrative Changes to Work Orders Report and ratifies the listed change orders and changes to work orders, PREPARED BY: Linda L. Jackson, Contracts Agent, Purchasing Department - .,-, OU.'__"'-'_ Agenda Item No. 16E1 October 26, 2004 Page 2 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E1 Report and ratify staff-approved change orders and changes to work orders to Board- approved contracts. 10/2612004900:00 AM Meeting Date Approved By Steve Carnell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 101141200411:09 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 10114120045:27 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 10115120048:16 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 10115120042:33 PM Approved By Michael Smykowski Date Management & Budget Director County Manager's Office Office of Management & Budget 10118/20044:15 PM Approved By James V. 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I- m Z :i c ct Q)- C'Jc C ::> <a 0 J:: E U<C 1: Q) E 1:: <a 0- Q) o Q) E 0 <a 0 Z Zz 5 (,J ~ 1:IQ),þ ä¡è § >a.u ã. .~ Q) 8!~ '" Q) C'J <a a. E 'ª~ .... o o N cD N Q¡ ..0 o Ü o ~ o o o o o o o o o 6 .... I'- ..r If> '" o Z o o o o o 6 .... I'- ..r If> o o o If> o l.U ::J a. C .S! ü 2 iñ C o ~a;N :§.ò';~ ~~~ .... o o N ¡::: N êñ I'- "C .æ rJ .Q ëõ "C <a J:: '" o ü ~ 1: o U ..0 ::> '" >- C <a E ~t$ ï= ~ <a- J:: C U 8 ~~ <a_ .g .9 5 '" J:: ~ B"C Q) ~ ::> x o Q) tt=:' ~ ~ 1: C o Q) u Q) Q) 1: = ~ B ~ Q) Õ ,§ëõ :gË <a <a .E ~ .~ 10 ~~ C ~ <a 0 J:: U u .5 .~ 11> .r:: C'J - C .... <a o J:: Q) U ~~ ~I- ::> O-u; Q) t: J::~ I- Q) å) ~ CI~ C 0 III U .c f!! UJ:: õ:¡ ~ () .æ E ~ :;::¡ G) .- > Q) 0= ~ -- Agenda Item No. 16E1 I October 26, 2004 Page 6 of 20 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NA~E: Golden Gate Parkway SectIon A and B PROJECT #: 60027 BlDlRFP t#: 03-3552 MOD #: PO .: 4500016368 01 AMOUNT OF THIS CHANGE S 16389.09 . CONTRACT AMOUNT: ORIGINAL $ 6.920.319.69 (STAR1'WG POINT) Last BCC Approved Amount $ N/A fLAST TOTAL AMT. REQUIRING BCC APPROVAL) ~ ()~: . J.~'70 ~ CURRENT $5.936.688.78 (INCLUDING THIS CHANOI! 0RI)ERþ Date of Last ace Approval NlA Agenda Item # N/A Percentage of the change over/under current contract amount Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (8): ORIGINAL: Januarv 19. 2005 CURRENT: Januarv 19. 2005 r SUMMARY OF PROPOSED CHANGE (S): Asohalt desian change to enhance ride and srnoot.hness of ~ roadway. Increase oJan quantity of floatina turbidity barrier to com Diy with N.P.D.E.S. requirements. Add a Dav item #104-11-1R for the reduced cost or relocatina floatina turbiditY barrier in lieu of installina new barrier. Addition of two $Dread footers to facilitate the installation of Liaht Poles #1 & 2 . JUSTIFICATION FOR CHANGE (S): The ch@naed asphalt desion orovides a suDerior result at no additional e~nse. Adcfltional fIoatina turbidity barrier was reauired to maintain water aualltv in Golden Gate canst durina construction. An additional DaY iteml104-11-1R) was added to allow for the reduced cost of redeDlovina previouslY installed fIoatinQ turbiditY barrier.The soread footers resolve a conflict ~ street liahts would have with overhead electric lines as wen as underaround TECO aas lines. PARTIES CONTACTED REGARDING THE CHANGE: Chris Wriaht R.W.A. . Eddie Martin. T.E.C.M.D. . IMPLEMENTATION STEPS (Verify each before proceeding with change using Y. N or NlA) ...y_ Proposed change is consistent with the scope of the existing agreement _y_ Proposed change Is In fact an addition or deletion to the existing scope ...y_ Change is being implemented in a manner consistent with the existing agreement ...y_ The appropriate parties have been consulted regarding the change ...Y_ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MA APPROVE; DtSAPPROVE r COMMENTS: Revised 8/22/0 N~~~ATlON: Date: fl-Z.s'-¡;4 œ~reŒHHœ . Date: AUG 1 J 2004 ~ . 3 KIStNGER CAMPO & ASSOC. CONTRACT MODIFICATION CHECKLIST FORM Agenda Item No. 1~1 October 26, ~4 Page 7 of 20 PROJECT NAME: Goodlette-Frank Road PROJECT#: 60005 BIDfRFP #:03-3509 _MOD #: 1 AMOUNT OF THIS CHANGE $_-0-_ PO #: _4500016367_ Work Order #:_NIA CONTRACT AMOUNT: ORIGINAL $ 1,063,253_ CURRENT $ 1,063,253_ (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $_1 ,063,253 (LAST TOTAL AUT. REQUIRING BCC APPROVAL) Date of Last BCe Approval_July 29,2003_ Agenda Item # _16(8)(15) Percentage of the change over/under current contract amount 0_% Formula: (Current Amount J 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 (5): ORIGINAL:· June 1. 2004 CURRENT: Nov. 30,2004_ SUMMARY OF PROPOSED CHANGE (5): Extend contract completion date to Nov. 30, 2004 JUSTIFICATION FOR CHANGE (S): Delays due to access management Issues, and a major change to the drainage design. PARTIES CONTACTED REGARDING THE CHANGE: Kelsev Ward. Gene Calvert, Greaa Strakaluse. Linda Jackson. Consultant IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) _ Y _ Proposed change is consistent with the scope of the existing agreement _N/A_ 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 _NJA_ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECO APPROVE: Allen R. Ruth DISAPPROVE: ENDATION: Date: Aug. 24, 2004 Date: COMMENTS: REVISED 9/9/03 ....-------------.----.----------.-.--------...- r- CONTRACT MODIFICA TIOH CHECKLIST FORM Agenda Item No. 16C7 October 26, 2QØ- Page 8 of 20 PROJECT NAME: Golden G~tø Parkwav PROJECT #: ~7A&B . 'If BID/RFP #: ~-3063 MOD tI: SA #5 AMOUNT OF THIS CHANGE $ 124.690.00 PO I: Work Order #: CONTRACT AMOUNT: ORIGINAL $ 1.245.851.00 CURRENT $ . 3.666.047.90 . (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 3.398,807.90 (LAST TOTAL AMT. REQUIRING sec APPROVALI Date of ~st BCC Approval 5/14/02 Agenda Item # 1685 Percentage of the change over/under current contract amount + 7.86 % Formula: (Current Amount ¡last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to BCC on Purchasing report. r- CURRENT COMPLETION DATE (S); ORIGINAL: December. 2003 CURRENT: Seotember. . 2004 SUMMARY OF PROPOSED CHANGE (S): Tasks 0005 thru 0008 orovide cor:nDensation for design efforts and plan revisions In relocatina pond A. soft dia investiaation. water line revisions. box culvert revisions, and revisions to the riaht of way that were bevQnd the present scooe of services, For the most Dart this work is represented bv Addendums 2 and 3 to the contract Plans and was work beyond the 100% submittal. Ta~!<S 0009 and 0010 set UP a fee schedule for excert witness services and for DOßt deslan services. JU8TIACA TION FOR CHANGE (8) Late in the deslan process it became necessary to revise DOnd A and to revise the box culvert design in order ~o secure the cennittina for this Droiect. Delavina the advertisement of the proie~ was not acœDtable due to the prQiect's concurrent schedule with the 1- 75 Interchanae. The desianer oroduced the 100% Dlans for ~vertisement. while at the same time revisina the desicn and Dlans to reflect the current Permits. The resulting revisions were issued as Addendums 2 and 3 duriM the advertisement ~riod. The expert witness service and the services durina construction are needed to fulfill future demands that may be olaced on the desian firm. PARTIES CONTACTED REGARDING THE CHANGE: T.E.&C.M. Director. RWA. and Stanley Consultants. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor NlA) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted" regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER R~MMENDATlON.: APPROVE: .-<::1",?" 6 - _ DISAPPROVE: COMMENTS: ' Date: "p·Z.7-0 r Date: ( REVISED 9/9/03 r CONTRACT MODIACATION CHECKLIST FORM Agenda Item No. 16E1 October 26, 2004 pagÀ9 of 20 PROJECT NAME: Sunshine at Golden Gate Improvements PROJECT #: 60016 BID/RFP #: 04-3619 MOD #: Three (3)) AMOUNT OF THIS CHANGE $ 4,522.56 PO #: 4500028169 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 507.543.69 CURRENT $ 541.781.22 (STARl1NG POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 507.543.69 (LAST TOTAL ANfT. REQUIRING Bee APPROVAL) Date of Last BCC Approval April 13. 2004 Agenda Item # 16 B 1 Percentage of the change over/under current contract amount 6.65% Formula: (Current Amount I Last BCC approved amount}-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 9/1312004 CURRENT: 101612004 SUMMARY OF PROPOSED CHANGE (S): To add items for trimming existina trees. landscape replacement, irrioation repair and excavation for a special swala and to add time for hurricane Charlev. JUSTIFICATION FOR CHANGE (S): See attached PARTIES CONTACTED REGARDING THE CHANGE: Lvnn Thorpe. P.E.. Principal Proiect Manaoer: Julio Ordonez. P.E.. Senior Project MBnaaer: Ronnie Hobbs. Project Mensaer. JOHN CARLO. INC.. Joe Delate P.L.S.. Senior Project Manaaer and Tonv Ruberto Proiect Manaaer. Parks and Rec IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or NJA) ..::f.. Proposed change is consistent with the scope of the existing agreement ..::f.. Proposed change is in fact an addition or deletion to the existing scope -:.i Change is being implemented in a manner consistent with the existing agreement -:.i The appropriate parties have been consulted regarding the change -:.i Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: ð~ ~~ DISAPPRO# ../ COMMENTS: Date: .,. ~9'/¢ (' Date: I / REVISED 9/9/03 /""'"' CONTRACT MODIFICATION CHECKLIST FORM Agenda Item No. 16E1 5 October 26, 2004 Page 10 of 20 PROJECT NAME: NaDles Jail PROJECT #: 52008 BIDIRFP #: 98-2829 MOD #: 27 _AMOUNT OF THIS CHANGE 28,582.00 PO #: 4500012306 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 34,402,176.00 CURRENT $29,695,399.25 (STARTiNG POINT) (INCLUDING THIS CHANGE ORDER) Last BeC Approved Amount $29,914,672.14 (LAST TOTAL AMT. REQUIRJNG BCC APPROVAL) Date of last BCe Approval 2/10104 Agenda Item # 10-8 , Percentage ofthe change over/under current contract amount %-.073 Formula: (Current Amount I Last BCe approved amount)-1 Results and Actions: If the change exceeds 10% BCe approval is requlred~ under 10% reported to BCe on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 6/13/05 CURRENT:6I13/05 SUMMARY OF PROPOSED CHANGE (8): Adding Voice/Data fiber optic and copper cabling "Ba~kbone" system between the existing jail and the Jail expansion and Parking Garage. JUSTIFICATION FOR CHANGE: Owner requested ,.-- PARTIES CONTACTED REGARDING THE CHANGE: Skip Camo. Jack CroQnale IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A) Y _ Proposed change Is consistent with the scope of the existing agreement Y _ Proposed change is in fact an addition or deletion to the existing scope Y _ Change is being implemented in a manner consistent with the existing agreement Y _ The appropriate parties have been consulted regarding the change Y _ Proposed prices, fees and costs set forth in the change are reasonable PROJEC~R ~~DAll0N: APPROVE: ~ DISAPPR : Date: J/ /57 Ov Date: / / / COMMENTS: ("" REVISED 9/9/03 ··..·..M..·M····.·_MM·_._··_.· . .~. .'. '.-~.._.'~'""'~''''''''''- . -....__...._--_......--~~-~¥..¥._......_..._-----_._~,._- 09/21/2ßß4 13:18 6595771 CC TRANS ENe INSP Agenda IterflAG£ 1 E1 ¡\iJ October 26, 2004 Page 11 of 20 CONTRACT MODIFICATION CHECKUSTFORM PROJECT NAME: Golden Gate Parkwav Grade SeDarated OverpassPROJECT III: 80001 BlDlRFP.: CW-3583 MOD I: 1 AMOUNT OF THIS CHANGE $147,281.. PO 1NSOOOS1471 Work Order II: CONTRACT AMOUNT: ORIGINAL 12.367.811.00 CURRENT S2.51 1,106.10 ISTARI'1NCI POINT) (lNCLUDIMI1IIIa ctWICII! 0ItDØJ Last BCe Approved Amount $2.367,811.00 (LAST TOTAL AMT. REQUIRING acc APPROVAL) Date of Lut BeC Approval July 27, 2004 Agenda It8m tl10(G) CUmulatiw DoIar Value of ChMge Orders to 1111 Contn~ Order: $147,285.50 Percentage of the change OVIJrlunder current contract amount 6.22"- Formula: (Current Amount I Last sec epp«wed amount}-1 ResuJts .,d .Actions: If the ch.-.ge exceeds 10% Bee approval is required; under 10% t'1IPDrted to BeC on Purchasing report. For specIIc in1orrn8tion r&g8rdi. ~ work order ttnshoIds, pfellse refer to the Contract Adminiltlation Proc:edures. SectIon UI.C.4 CURRENT COMPlETION DATE (S):ORIGlNAL:..i1fiCURRENT: 916 SUMMARY OF PROPOSED CHANGE (S): Additional eEl Services to DtOYide on sIB beam Insoectbn (1"jlp:tDa) and Post-DesiQn cansuftina se~1 JUSTIFICATION FOR CHANGE (S): The T,..osool'tation ssw the need to have be8m InsD8dion durinQ manufaçturina and desired to hllve a deslan consuftBnt on staft d~rtna construction. PARTIES CONTACTED REGARDING THE CHANGE: Garv Putaansuu. P.~. Senior Prolect Manaaer. Greoa StakaJuse. P.~. Director, T.E.C.M.D. . IMPLEMEN"ATION STEPS (Verify each before proceeding with change using Y, N or NlA) _x_ Proposed change is consistent with the acope or the existing agreement _x_ Proposed change fa in tact an addition or defetion to the existing scope _x_ Change Is being impIemeniBd n a manner consistent with the existing agreement _)(_ The appropri... parties have been consulted regarding the change _'L Proposed prices, feeS and costs ..t fOrth in the change are reasonable PROJE~A ~ATION: APPR E: ---.:. ~ DtSA E: . Date: y l:uðt( Date: COMMENTS: Revised 9/14/04 S.p 27 04 11:4Sa PU Encin..rinc 2395305378 Agenda Item No. f6.Ea October 26,2004 Page 12 07 ,...... CONTRACT MODIRCATION CHECKLIST FORM PROJECT NAME: NçwRF DeeD Injection Wet Is PROJECT #: 739481 BIDlRFP It: 03-3442 PO #: 4500004584 MOD Ii ? AMOUNT OF THIS CHANGE. $ 0.0 Work Order #; CONTRACT AMOUNT: ORIGINAL $ 4.740.000 CURReNT $ 4,740.000 (STARTING POINT) (INa.UOJNG THIS CHANGE QRDeR) Last BCe Approved Amount $ 4.740.000 (LAST TOTAL NIT. REQUIRING Bee APPROVAL) Date of Last Bce Approval 312312004 Agenda Item # 16 (0) 7 Percentage of the change over/under current contract amount JL % Formula: (Current Amount I Last BCe approved amount)-1 Rosults and Actions: If the change e)(oeeds 10% Bee approval is required; under 10% reported to BeC on Purchasing report. CURRENT COMPLETION DATE (S}: ORIGINAL: 4/2612004 CURRENT: 9/1012004 ,...... SUMMARY OF PROPOSED CHANGE (8): Incol'Dol'ate work items and time extension into contract. JUSTlFlCA110N FOR CHANGE (S): Subcontractors are unavailable. Due to hurricane Chartey many subconb:amors are tied UD with recO'Ierv efforts. PARTIeS CONTACTED REGARDING THE CHANGE: Purchaslnp ill Wood)' PU En9ìneerina (W. Mulfin) IMPLEMENTAnON STEPS (Verify each before proceeding with change using Y, N or NlA) y.. Proposed change is oonsÎ$tent with the scope of the existing agreement ':L Proposed change is in fact an addition or dele1ion to the existing scope ':L Change Is being implemented in a manner consistent with the existing agreement y... The appropriate parties have been 00 suited regarding the change y"'Proposed prices, fees and costs set f rth in the change are reasonable Date: Auaust $0, 2004 Date: COMMENTS: in t e construction contract's General Terms and Conditìon~ W~ Çon actor shall receive extensions In oomDletion time for delavs as a I'esult of unforeseeable causes beYOnd their contrOl. r REVISED 919/03 . _..~.~~.._-....._..........-...-....-...-..--..-.."-.'... Agenda Item No. 16E1/ October 26. 2004 , Page 13 of20 CONTRACT MODIFICATION CHECKUST FORM PROJECT NAME: Golden Gate Boulevard Water Main ReDlacement PROJECT #: nmI2 BID/RFP #: 04-3sis MOD #: 1 AMOUNT OF THIS CHANGE ($14.530.00) PO #: 4500030073 Work Order #:UC-019 CONTRACT AMOUNT: ORIGINAL $677.700.00 CURRENT $663.170.00 (STARTING POINT) (INCLUDING T1i1S CHANGE ORDER) Last BCC Approved Amount $677.700.00 (LAST TOTAL AMT. REQUtRlNG Bee APPROVAL) Date of Last BCC Approval 6-26-04 Agenda Item # 16 C 6 Cumulatlv8'Dollar·Valu8 of ChMg.;Ôrdérsto~l. ContractIWork'::Order.($14~530.oÐ) Percentage of the change over/under current contract amount (2.14) % Formula: (Current Amount I Last sec approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10%. reported to I3CCon Purchasing report. Forspe¢Jflc information regardil1Qworkorderthresho1ds, pleaserØfår totf16.-C}þritiact Administration Procedures~S9ction III.C.4 CURRENT COMPLETION DATE (S):ORIGINAL: 8-28-04 CURRENT: 8-28-04 SUMMARY OF PROPOSED CHANGE (S): Reduce size of casinos for directional bores. JUSTIFICATION FOR CHANGE (8): The scecified casina sizes are for iack and bore of steel casinos. Directional bores of HOPE cice do not need casinos as ¡arae as jack and bores do. PARTIES CONTACTED REGARDING THE CHANGE: Contractor. Desio" Consultant. Water Director. and Utilities Enoineerin9 Director. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor NlA) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: ~ ~ J'fr )J::{j./~-I DISAPPROVE: Date: Sectember 10. 2004 Date: COMMENTS: cFised·~ ._øø_.___..".._...._.._..._øø..........._ S~p 27 04 12:00p PU Enc:ineoerin, 239530.5378 Agenda Item No. í:6..Eä I) October 26, ~004 r7' Page 14 of 20 r CONTRACT MODIRCATION CHECKUST FORM PROJECT NAME: $anta Barbara Forœ Main Interconnect PROJECT #: 703132 BIDlRFP #: 00-3119 MOD #: 2 PO #: 206652 AMOUNT OF THIS CHANGE S 38.912.00 Work Order 4r. GH-FT ..02:-9 CONTRACT AMOUNT: ORIGINAL $ ~.Ø8Q CURRENT $ 780.692 (START1NG POINT) (INCLUDING 'l'MIS CHANG!! ORDER) Last Bee Approved Amount $1!1, 780 (í.AsT TOTAL ANtr. REQUIRING Bee APPROVAL) Date of Last Bee Approval 910912003 Agenda Item # 16 (fi (29) Percentage of the change overlunder current contract amount ~n ~ 2-'6' /,,, 1r Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the c:hange exceeds 10% BeO approval is required; under 10% reported to Bee on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 410112004 CURRENT: 913012005 SUMMARY OF PROPOSED CHANGE (S): Amendment No. 2 Is for enqineerina services necessarY to modify existina DUmP station desian to accommodate unforeseen uvderaround r conc:fltions. ' JUSTlFtCA110N FOR CHANGE (S): Slnoe authorization of Amendment No.1. and while dolno excavation for the oumo station the contractor broke throuah a thick underoround rock laver and found an ar1esian soring. Dewatering efforts could not control the water problem without floodino neiohborìna residenc~- After consultinQ various enaineerina søecialists the best solutloo encountered was to raise the elevation of the pump station. PARTIES CONTACTED REGARDING THE CHANGE: PU EnQlneerina tW. Mullin). Waste Water Collections (S. Nagv. D. Fitts) IMPLEMENTATION STEPS (Verify eaCh before proceeding with change using Y, N or NlA) '.:L Proposed change Is consistent with the soope of the existing agreement 'L 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 s forth in the change are reasonable ~ Date: 9/27/2004 Date: COMMENTS: s is a underaround conditions. r Ie (' REVISED 919/0'3 . ...._.._._.H_.·_H·_._.__.·_· ....-.---....--...........-.........-.-...---.- Agenda Item N~6E1 October 2&;-'2004 Page 15 of 20 CONTRACT MODIFICATION CHECKUSTFORM þR,OJECT NAME: Immókalæ eeaütificatîon MSTU, PhaSè II PROJECT#: 6t)071 t BIDIRFP f#: QO..3~1:t1 MOD It: 1 AMOUNT Of THIS CHANGE $~ 1294.00, PO#: 207297 WorkOtder #:TLM..MA..o2-17 CONTRACT AMOUNT:: ORlGfN.AL$59,598,OO CURRENT $ s:a,3ö4.00 . .. (ST~~ POINT) (lNëi..uotNG THiS c~ 0IiiERl . Last Bee Approved Amount $~5$~59,8.Qo (lA"ST TOTAl-NIT. REQU1RINB sec AP.PROVÂl.} ~ of Last BCCApptovà1 Aprì124.2001 Agenda Item # _16 (B);2 Cuntui~~~ !)ollar Yð!ue of Chan~ Orders to this CO~~Or&tr: -$1294.~. .' file Percentage of tt)edrangê ovet/ûi1det cutreof contract: amount ~ _ z.. " ['1 Fo.rt1iûJa: (OtJrn::nt Ål:m)untJ Lastecc approved amöunt}-1 . Resuftsal1d Actiôhs: ffthéëhärìíJé axteeds' 10% ace approval (s requjred; tmOér 10% raportQä to BCC' Qf1 Þurchash1g report FQr spedfic infotmatiClri mgärding w~/1(M1ér threshotd$~ plea~ refer re the Cònb'act Administration Proceëut'ès; Section 111. C;4 CURRËNT COMPLETtON DATE (S);ORlGINAL: . CURRENT: $UM~ARYOF PR,OPOSED CHANGE (5'): CIo$in(J Work Order #. TLM-MA"o2-1Ï JUSTIFICATION FOR CHANGE (S): Remainih!:f funds notutilïzed PARTIES CotilTACTED REGARDINß THE CHANGE:- Gloria Herrera. Bob Petet:sen IMPLEMENTATION STEPS (Vi!rify, eôICn before proceeding with change u$ingY~ N or NtA) _¥.... Proposed thange is cQriSistent with ttrescopë of !he eXisting '~/'E!erpent - y.... Propos&d Çhange is in fact an addition ordEiJëtion to the éxìsting:scope - Y - Orange i$ -being ih1PfèrOented in .~. manner C011sistent with 1he eXisting agreement -y.... 11)e approprfateparties have been·l::OOSulted regarding (he thange - Y - Propö$ed prí~s.fees and costs'5etforth in the change aré reasonable :=~~Tk)fë DISAPPROVE: COMMENTS: Da1e: 9- 2B~OV Date: Revised 9/14104 Agenda Item No. 16E1 O¡tr¡J;"er26,2004 1 age 16 of 2q r- CONTRACT MQDIFtCATION CHECKUST FORM PROJECT NAME: Ma.íntenanceConst.iJting Sèr'vfces fOr Jh1mokalee 8eautification MSTD and MSTU PR()JECT#:. 630101 ' Bib/RFP #:Ò(}..3131 MOD 1#: 1 AMØUNt OF THI$ CHANGE $-923.00 PO #: ~Ò20339 Work OrØer #::TlM-MA..()4..:1'4 CONTRACT AMOUNT: ORIGINAL $ 8089.00 CURRENT $7166.00 . , . " '{ST".\R.....Ø POINT} (løCt..UDING niš c.t1MGË ORÐER) Uâst BCC Approved Amount $~~9J)O fLA$'fTOTAL NI!r; REGOIIUNQ ecc.APPRO'lAt.)' Datö't)f Last BCe Apptdvai Apnl :2:4, 12001 Agenda Item # _.:1 6 (B) 2 CUmulative DOllar Value OfCbángeOrdèrS,~thfs COntractNVork: order: -$923l00 PerceM:äge ôfthØ é:hMgEt' ò.-'ui'1dé( Ct1i1'e;nt contract amount~, - l ( .. t{- ( 'i () Forrm.¡fa: (o.ulTent~nt I Last Bee approVed amoÌJlÌt)-1 ResuJf$ arid.Aclions:tf the change exœø& 1 0% BCOa~rprova Is required; under 10% reported to BCCon PurdlasiÖQrepoit. For sþecifië.infótrnatlmi regarding work @rder thresboìds, pÍÈtatsé refer to the Contract Admin~I)Procedures, Section IU.C.4 -- " CURRENT COMPLETfON DATE(S:}:ORlGINAU SUMMARY OF PROPoseD CHANGE ('$)~ CURRENT: ClOSing Work brder1# TI-M-MA-04-14 JUSTIACÂTlON FOR CHANGE ($): Task II remainina funds nat utilized PARTIES CONTACTED ~GARDING THE CHANGE: Gloria Herrera. Bob Petersen .. . . . 'M_~f;:NT~T10N STEÞS(Verif)t eaêh befor& ptòCøedingwitb cbangê ,using v; N orNlA) .... y - ProþöSed change Is consisœht wffb the: ~pe of the œcistìng agreement " . ....y.... Proposed chââge is in tad ål1·addftiOfi or dëletion totheex1ëting .scòpEì - Y _ Change· ¡S" beihg Împle~nted In ~ m~nner consistent~Ö'! thee)(i$tîrJ§ agreement - Y_ The appf.Öptfa'tè pattieS: have been consl.iltecfregøi1:ling Ö\ë. chaoQe - Y .... Prøposed priCes¡ files 'and óosts 'set forth in the èharige aré teasoiJablë P~O,J. E,'CTMAN, AtjJþE.2,M"M, E~~: -APPROVE: ,/~YJ ~ ' DISAPPROVE; Date; y.2.$"6 ft-. Date: CoMMENTS': r RêvÎ~eð 9114104 ~.._---_._.._.~.~,.._-_......~..- .. _.._-_..~,,-- ··~.._....,".,.._.....m.~.._...,..._.._".. ...~~~_..-.,.._.._.__..,.- /\§8F1åi3 Iter;;¡;¡ NQ ~ October 26, 2004 Page 17 of 20 .~.'h___________._.._~_~_..__. CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME; Maintenance Consulting Services for Gireen Blvd. Median #1 PROJECT#: GOOS11 BIDlRFP tf:OO'-3131 MOD': 1 AMOUNT OF THIS QfANGE $-1232.00 PO": 4500020103' Work·Order#: TtM-MA-04-12 C,ONTRAcT AMOUNT: ORfGUW-$. 5053.OÖCURRENT$ 382t.OO . ($TÑU1NGPOINT) (lHCWDtNG'riiiS CHANGe ORDER) Last Bce Approved Amount $~5053,()() (LAST TOTAL.AIIT. REQUIRING see .APPR()VAl.) Däte of Last ErCC' ApþroYa' Apïif 24, :2001 Agenda Item # ..... ~6 (B) 2 CUmulatiVe DÓ'lar Vaq of Chàftg& Ordërs to this' Corrtrad'1Wo~Order: $1232.0.0 P~centage of ~Ch~,. over/under current '_c:t amount ~ - 2'f .3l 7~ FoñTtula: (CUrreiitAinotiñtl Läsf BCGapþtoVé<j amount}-1 . '. '. Results and Actions: If the change ex~, 1 O%BCC ~pproval is requìrßd; onder 10% reported to BCP on Purchasing reþort. For špedticft1famab regarding Wc,Ò( order threshOldS, piea'se rêfér to the Cohtract Admiolstrâtibn Procêdutes, SéCtíon !lLCA . CURRENT COMPLË11öN DATE (S):QRfGtNAl: CURRËNï-: SUMMARY OF ÞROÞo~D CfiANGE (5). aoSioo Work Ordsr#"fLM-MA-04-12. JUSTlFICA110N FOR CHAbJGE ($): rask II not ufUized PARTIES CaNT ACTED REGARD:ING THE CHANGE: Gloria Herrera. Bob Petersen IMPLEMENTATfONSTEPS (VerifYeách before proceeding with change tµiing Y. NO(' NIA} - Y ProPQS,ed d"iârïge ís consístent ·with the S'oop;e·of the existing agreement _'C. PropoSed change is irt"fad an additlØñ òt deletion to tl'lééxfsting seope - Y- Chaf1ge,jS being. implemented In a manner consislent with thee~ting ~greement _¥- rhe. apprÞpriate øarties, have beénCQ~ed regarding the éhanQa - Y - Proposed priœs. fee$ and costs set forth in fI1e cRange are rei:lsonäble PROJ. Eé'r M~A..G.. 1:R.~~:!"MÈNDA1ìOI. ....OMMÉNDATION: APPROVE: g~~ DISApPROVE; Pate: Date: .9-..l.!i3wCJ1 OOMMENT& Revised 9/14/04 I Agpnrl;:¡ It~f)1 No ~Wð Þ October 26, 4 Page 18 of 20 - CONTRACT MODßACATION CHECKUSTFORM PROjECT NAME: 'Maintënrmce consUlting Sêrviœs for Colier B1vd. Part A PROJECT#:. 620191 BID/RFP#: 00-313fMOÖ it: 1 ·AMbuNr QF THIS CHANGe $.;1025.00 PO #: '4500020102 'WoI'k Order*-. TI..M-UA-44-1 0 CONTRACT AMOUNT: ORIGINAL. $ 4109.00 CtJ~NT.$_308f..09_ . ,($~POtNT) ." (JNCUJDfNGTHIS-.CHJJmeORØER) Last Bce Approved AmOunt $_4109.00' , (LASTTOT¡U. MT. ~¡; Bee APPRDVAL) Date. of last BCCApprovai Aprlt 24, 20()'1 Agèndå Itêm # _1:6 [8' 2 Cumuf~ DoUar Va". Of Change O"rs. to this ConiradiWort order: $1025.ao Pen:entag& õf the change o.....'Mncler current COlltk~t :.wnourñ~"-j ¡,¡, . q5 1", FOt1'1'1Ufa: <,Cu.rrertt Amøunt ì lI$t.BOC·s.pproved amount}, , Results and Acfiòhs: If tnë cñsnge exCeeds 1 Q% Bçc approvatis reqtilîre:dr under 10% re~rted \0 BCe on ÞurchasJng reP9rt. For specffiÿ" informa.tion Tß9ardiOg work order tI1føsh.öfds, pleásé rèær to the êoI1tract Administration PróœdUrèá. SeøtiOn. Ill. C,4 CURRENT COMPLETION DATE (S):ORlGINAL: CURRENT; SUMMARY OF PROPOSED Ca:iAJ"lGE (S):èlosinr.r Worl< order # T~~MA,.04-1.O JUSTfACATlON FOR CHANGE (S)~ Task , not ùtilízed PARTIESCONT ACTED REGARDING l"HE CH~GE: C3/oria Herrera. Bob Petersen IMPLE'-'ENTATIQN STEPS{Vérify each befòf"e Pr'òéeeding with .Change'uSingY.N or N/Al - Y:.... proposeq ot)anga is cor1SIS¥rnt ~ the soope ofþ1e ~,xis1ing agreement - Y..;.. 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Q) D- o c: 0 c: W - 01 ù¡ 0 0) a:: VI 0 C) C) a:: c: ¡¡: ::E c: c: ¡¡: ::E c: <II <II I- Q) <'II <'II I- 0) W .= .= « Q) .= .= « 0) C ..c ..c a:: N VI 0 UJ 0 <'II <II ~ .c ~ .c ::.::: , .t ~ m Qj a:: 0 0 ~ ~ "C ~ "C ~ 0 ~ 0 ::E M ::E M ~ ~ -'>I!. ~ ~ -c 0 ("') 0 M 0 I- ....J 2> ~ ....J 0 ~ W I- 0 Q) I- 0 0) C) :5 :5 z .9 .9 è( :I: 01 0) 0 VI C) UJ C) .! c: 01 c: W <'II m <II > <'II .c .c ¡:: ·0 0 ·0 0 0 Q) 0 0) ~ VI > VI > VI ~ VI 'tl I- « « U oð ::> oð ::> "C "C Z Q) ~ 0) 0) ~ 0) i Q) I'- "C 0) C> "C C) ID UJ C) 0 VI C 0 0 Ò :.ë 0 Ò :.ë ID N è( ::E ID Z I- ::E ID Z I- ãi II) c:: c:: ~ III ~ <II .r:. .r:. !::! 0 0 0 0 õ 0 ... M M 0 Cñ ~ Cñ ~ II) II) N .~ .~ Q) C) ~ II) <'II > c.. LO ID 0 EXECUTIVE SUMMARY Agenda Item No. 16E2 October 26, 2004 Page 1 of 11 ,--... Recommendation to approve a contract amendment involving contract No. 01-3290 "Fixed Term Professional Engineering Services" OBJECTIVE: To obtain the Board of County Commissioner's approval of a contract amendment. CONSIDERA TIONS: Collier County is presently under contract with several engineeringl consulting firms covering different annual agreements for professional services. These agreements are periodically amended to correct or to clarify contract conditions or allow adjustments to fee schedules. The firms represented under this Contract are as follows: Agnoli Barber and Brundage, Inc. Johnson Engineering, Inc. Hole Montes, Inc. Pitman Hartenstein & Associates, Inc. Q. Grady Minor and Associates, Inc. TBE Group, Inc. Wilson Miller, Inc. The referenced contract has been amended to increase the hourly rate in conjunction with the July 2004 publication of the Consumer Pricing Index (CPI) of 3.0 %. These contract prices are based on standard fee schedules, which have not been updated since the commencement of the Master contract in September 2002. The revised fee schedule will be retroactive from the dates for the 2004-2005 renewal periods. FISCAL IMPACT: Funds are budgeted in each using department's respective cost center as needed to meet the 3.0% hourly rate increases. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the contract amendment and 2. Authorize the Purchasing/General Services Director to sign the amendments. PREPARED BY: Linda L. Jackson, Contracts Agent, Purchasing Department COLLIER COUNTY Agenda Item No. 16E2 October 26, 2004 Page 2 of 11 BOARD OF COUNTY COMMISSIONERS Item Number 16E2 Item Summary Recommendation to approve a contract amendment involving contract No. 01- 3290 "Fixed Term Professional Engineering Services". (CPI increase) Meeting Date 10/26/2004 9:00:00 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 10/14/200411:15 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 10/14/20045:29 PM Approved By -Oat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 10/15/20048:29 AM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 10/18/200410:14 AM . Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10/18/200411 :16 AM . Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/19/20045:11 PM ,.. ,."~-,,-,--~~ Agenda Item No. 16E2 October 26, 2004 Page 3 of 11 SCHEDULE A Collier County Fee Schedule RFP 01-3290 "Fixed Term Professional Engineering Services" Professional Credentials Principal P.E. $154.50/hr. Senior Engineer/Project Manager P.E. $103.00/hr Engineer II P.E. $ 92.70/hr Engineer I E.I.T Designer Planner $ 72.1 O/hr Senior Planner A.I.C.P. or P.E. $ 87.55/hr Senior Technician $ 56.65/hr Technician $ 46.35/hr Senior Inspector $ 72.1 O/hr Inspector $ 56.65/hr Support Clerical, other support $46.35/hr $36.05/hr Administrative Assistant, Secretary This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project-by-project basis as needed. END OF SCHEDULE A r r r , ~ ,. .' Agenda Item No. 16E2 October 26, 2004 Page 4 of 11 Contract Amendment No.1 Schedule A-I #01-3290 "Fixed Term Professional Engineering Services" This amendment, dated September 1, 2004 to the referenced agreement shall be by and between the parties to the original Agreement. Wilson Miller, Inc. (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"), Statement of Understanding RE: Contract # 01-3290 "Fixed Term. Professional Engineering Services" The Consultant agrees to amend the above referenced Contract as per Schedule "A -1" attached to this Amendment, and incorporated herein by reference, This amendment shall cover hourly rate increases to the original Collier County Proposed Fee Schedule based upon the Consumer Pricing Index (CPI), published! July, 2004. This amendment represents a 3% increase to the Fee Schedule for the renewal term of December 3, 2QQ! through December 2, 2005. dot The Consultant agrees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSULTANT g~~-"'1 - Wilson M ef, Ine, By: John E. Boutwell Dated: PfÑÝ' By: Title: Dated: Gary L. Danca Treasurer. Chief Financial Officer t::t -IS~D4 CORPORATE SEAL ...........---....~. .............. . ......-..- /~~ >~î-------:-~-_ ;~ -~-~. ~ .~ -., -- - -:- ~'- OWNER: - - ~. ~"... - - ..... .. , ,- ~ -- " ....... : '- -- Scott R. Teae Assistant County Attorney .' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Stephen Y. Carnell Director of Purchasing and General Services '.-...-..'"-,-,-.-" -' ¿;, Contract Amendment No.1 Schedule A-1 #01-3290 "Fixed Term Professional Engineering Services" Agenda Item No. 16E2 October 26, 2004 Page 5 of 11 This amendment, dated September 1, 2004 to the referenced agreement shall be by and between the parties to the original Agreement, TBE Group, Inc. (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 01-3290 "Fixed Term Professional Engineering Services" The Consultant agrees to amend the above referenced Contract as per Schedule "A-I" attached to this Amendment, and incorporated herein by reference. This amendment shall cover hourly rate increases to the original Collier County Proposed Fee Schedule based upon the Consumer Pricing Index (CPI), published' July, 2004 This amembnent represents a 3% increase to the Fee Schedule for the renewal term of September 10, 2004 through September 9, 2005. The Consultant agrees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the Owner have each. respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below, Corporate SecretarylWitness CONSULT~~) ~oi-- TBE Group, Inc. ATTEST: ..qp~~ By: E. Peter Nikolov. PE Dated: September 22. 2004 By: Title: Dated: Robert G. Brown. PE Senior Vice President September 22, 2004 ,'---~. . CORPORATE SEAL - . , f~-'::¿ -.-: ---~-- ~'--, - - - .....-..,;:,.. - ,-. '-. '- Approved as to form and LegaJ;/7? ) ~ lL-- Scott R. Teach Assistant County Attorney --- OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Stephen y, Carnell Director of Purchasing and General Services t:_~' ( , Contract Amendment No.1 Exhibit A-I #01-3290 "Fixed Term Professional Engineering Services" Agenda Item No. 16E2 October 26,2004 Page 6 of 11 This amendment, dated September I, 2004 to the referenced agreement shall be by and between the parties to the original Agreement, Pitman Hartenstein & Associates, Inc. (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 01-3290 "Fixed Term Professional Engineering Services" The Consultant agrees to amend the above referenced Contract as per Schedule "A-I" attached to this Amendment, and incorporated herein by reference. This amendment shall cover hourly rate increases to the original Collier County Proposed Fee Schedule based upon the Consumer Pricing Index (CPI). published· July, 2004òis amendment represents a 3% increase to the Fee Schedule for the renewal term of September 10, 2004 through September 9, 2005. The Consultant agrees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below, ~, .-/-"""> ".-- I Pitman Hartenstein & Associates, Inc. By: Niki Knhht Dated: 9/]6/2004 By: Title: Dated: Alan Hartenstein, P.E., R.E.P. Executive Vice President September 16, 2004 CORPORATE SEAL L OWNER: Scott . Teach Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: (' Stephen Y. Carnell Director of Purchasing and General Services ---"-- -~. .---.--- -""-.--- ~ .'''( Agenda Item No. 16E2 October 26, 2004 Page 7 of 11 Contract Amendment No.1 Schedule A-1 #01-3290 "Fixed Term Professional Engineering Services" This amendment, dated September I, 2004 to the referenced agreement shall be by and between the parties to the original Agreement, Hole Montes, Inc. (to be referred to as "Consultant") and Collier County, Florida. (to be referred to as "Owner"). Statement of Understanding RE: Contract # 01-3290 "Fixed Term Professional Engineering Services" The Consultant agrees to amend the above referenced Contract as per Schedule "A-I" attached to this Amendment, and incorporated herein by reference. This amendment shall cover hourly rate increases to the original Collier County Proposed Fee Schedule based upon the Consumer Pricing Index (CPI), published J July, 2004. This amendment represents a 3% increase to the Fee Schedule for the renewal term of September 24, 2004 through September 23, 2005. The Consultant agrees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized ~t ilieir bands and s:o::~:: inwca1ed below. Corporate Secretary/Witness By: lied E, ~ft. PE Dated: 't/"'L Robert L. Murray. PH Sr. Vi.ce Prelli.dent/Pri.nci.pal 'II Z¿"/ Q ý , ..~-- " By: Title: Dated: ,," ...."'-.. .. ....- .. '.,."~' -- CORPORATE SEAL :" . ~~.' ~...j . /..;:..>: '- ~~ - . .. - -- --" -" . - ..... - - Approved as to.ffi Ugà.C¡r ~ L Scott R. Teach Assistant County Attorney -. OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Stephen Y. Carnell Director of Purchasing and General Services ~.... r .f .- ( t""' ~ t Agenda Item No. 16E2 October 26, 2004 Page 8 of 11 Contract Amendment No.1 Schedule A·l #01·3290 "Fixed Term Professional Engineering Services" This amendment, dated September 1, 2004 to the referenced agreement shall be by and between the parties to the original Agreement, Johnson Engineering, Inc. (to be referred to as "Consultant") and Collier County, Florida. (to be referred to as "Owner"), Statement of Understanding RE: Contract # 01-3290 "Fixed Tenn Professional Engineering Services" The Consultant agrees to amend the above referenced Contract as per Schedule "A-I" attached to this Amendment, and incorporated herein by reference, This amendment shall cover hourly rate increases to the original Collier County Proposed Fee Schedule based upon the Consumer Pricing Index (CPI), published Ju 1 y I 2004 . This amendment represents a 3% increase to the Fee Schedule for the renewal term of September 10, 2004 through September 9, 2005. The Consultant agrees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below, A ITEST: L? ~¿/.:)f,¿U COIporat SecretarylWitness ~#J~ Johnson Engineering, Inc. By: Gary R. Bull Dated: By: Steven K. Morrison Title: Presiden-r J Dated: , ( I..J..[ 0 't CORPORATE SEAL - .:....- --: - .-- "'- --- -: .:..." - -, - " OWNER: Scott . Teach Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Stephen Y. Carnell Director of Purchasing and General Services ---'- - ~ Contract Amendment No.1 Schedule A-I #01-3290 "Fixed Term Professional Engineering Services" Agenda Item No. 16E2 October 26, 2004 Page 9 of 11 This amendment, dated September 1, 2004 to the referenced agreement shall be by and between the parties to the original Agreement, Q Grady Minor (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 01-3290 "Fixed Tenn Professional Engineering Services" The Consultant agrees to amend the above referenced Contract as per Schedule "A-I" attached to this Amendment, and incorporated herein by reference, This amendment shall cover hourly rate increases to the original Collier County Proposed Fee Schedule based upon the Consumer Pricing lnd~x (CPI), published' July, 2004 . This amendment represents a 3% increase to the Fee Schedule for the renewal term of September 24, 2004 through September 23, 2005. The Consultant agrees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force, IN WITNESS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. Corporate Secre !Witness By: _ 'þ- \},)A-~"- A"",.ld ,Pated: :-. :_,,~II 1'1 By: Title: Dated: 'D IN' P w.. 5 CIt N vrT V\c£. Pc-ES1 oe""" =:9] ~c. \ 0 ~ ./' . .:. -~ "/ - -' - "./_:::-.:;: ',. - ... . . . ~ CORPORATE SEAL - ~. OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTy, FLORIDA By: Stephen Y. Carnell Director of Purchasing and General Services ~-J: r Contract Amendment No.1 Schedule A-I #01-3290 "Fixed Term Professional Engineering Services" Agenda Item No. 16E2 October 26, 2004 Page 1 0 of 11 This amendment, dated September 1,2004 to the referenced agreement shall be by and between the parties to the original Agreement, Agnoli Barber & Brundage. Inc.. (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 01-3290 "Fixed Tenn Professional Engineering Services" The Consultant agrees to amend the above referenced Contract as per Schedule "A-I" attached to this Amendment, and incorporated herein by reference. This amendment shall cover hourly rate increases to the original Collier County Proposed Fee Schedule based upon the Consumt..'TPricing Index (CPI), published. Ju~y I 2004 This amendment represents a 3% increase to the Fee Schedule for the renewal term of September 10, 2004 through September 9, 2005. The Consultant agrees that this amends the original Contract. All other tenns and conditions of the agr ment shall remain in force. r ¡ SS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized r agent, hereunder set their hands and seals on the date(s) indicated below. An CONSULTANT e ecretarylWitness ð~ Jv ~~ Agnoli, Barber & Brundage, Inc, P. Adams 9-15-04 By: Title: Dated: Frederick T. Barber CEO 9-15-04 1J-'\,j~' ~~H'.'''-i',;.. 1\\"'" t·' ,..! ..! .^ ...'.. i". \. \, ";"_"~11...,I; 1".. 'r~~; (ì')·~ -;';¡ ~\ $ . ('. ~ l; .... t ; ~! \ \1 (,. j " / l ,-: : ~ "\}o" c;.' '\ ,Þ ,..... ";\, ,'r,;. ~.~.~"I ,.,." ,.._ ¿I "r." ....,.', '~ ..... //;~':t(,' ( l.',·",.";(! CORPORATE SEAL t::~ÞVLand Sco~each L Assistant County Attorney OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ( Stephen Y. Carnell Director of Purchasing and General Services <~---"--"""'* -~_. - -.. .----..-------.-------.. ~ Agenda Item No. 16E2 October 26, 2004 Page 11 of 11 SCHEDULE A Collier County Fee Schedule RFP 01·3290 "Fixed Term Professional Engineering Services" Pofessional Credentials Principal P,E. $154.50/hr. Senior Engineer/Project Manager P.E. $103.00/hr Engineer II P.E. $ 92.70/hr Engineer I E.I.T Designer Planner $ 72.1 O/hr Senior Planner A.I.C.P, or P.E. $ 87.55/hr Senior Technician $ 56,65/hr Technician $ 46.35/hr Senior Inspector $ 72.1 O/hr Inspector $ 56,65/hr SUDPort Administrative Assistant, Secretary $46.35/hr Clerical, other support $36.05/hr This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE A Agenda Item No. 16E3 October 26, 2004 Page 1 of9 EXECUTIVE SUMMARY Recommendation to adopt a resolution approving the change in status of thirteen employment classifications from exempt to non-exempt under the Fair Labor Standards Act (FLSA) and to receive approval for the execution of Settlement Agreement and Releases by and between the County and employees in those revised classifications allowing for reimbursement of actual wages earned but not paid to some of those employees for the past two years as a result of the County's good faith misclassification of status under the FLSA. OBJECTIVE: For the Board of County Commissioners to adopt a Resolution approving the reclassification of thirteen (I3) employment classifications from exempt to non-exempt under the FLSA and also authorizing the execution of Settlement Agreement and Releases with employees in those employment classifications who are entitled to reimbursement for overtime wages actually earned but not paid as a result of the County's good faith misclassification of their employment status under the FLSA. CONSIDERATION: The Fair Labor Standards Act (FLSA) and its regulations provide, in part, standards for certain job classifications to be exempt from overtime compensation. In the fall of 2003, the County commenced a good faith review of all of its job classifications and determined that several job classifications previously not subject to the FLSA overtime provisions should have been classified as non-exempt or should now be considered non-exempt and eligible for overtime compensation pursuant to the amended FLSA regulations, which became effective August 23, 2004. In order to comply with federal law, it became necessary to reclassify thirteen (I3) positions as non- exempt and to provide reimbursement for the actual overtime wages any employees holding those positions earned during the last two years, To the extent that any improperly classified employee during that period received compensatory time in lieu of wages, those employees will be compensated at the appropriate non-exempt employee overtime rate to make up for any shortfall in payment of wages. Attached as Exhibit 1 to the proposed Resolution is a sample copy of the Settlement Agreement and Mutual Release prepared for execution between the County and those employees entitled to reimbursement under the FLSA. Attached as Exhibit 2 is a slightly different Settlement Agreement and Release prepared for execution between the County and employees who held employment classifications that are subject to reclassification as non-exempt but who are not receiving a cash settlement with the County because they did not perform actual overtime work during the last two years. Exhibits I and 2 are both intended to bring a full and final resolution to correcting this issue. FISCAL IMP ACT: The base fiscal impact resulting from the proposed settlement agreements, which the County is required to make pursuant to federal law, amounts to $18,810.24 subject to any additional costs to be calculated upon final execution of the settlement agreements. A separate agenda item detailing the total costs, if above the amount stated herein, will subsequently be brought to the Board for final review and approval. '''"·_._,'..,'M'.....·~,,.,,' Agenda Item No. 16E3 October 26, 2004 Page 2 of9 GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: It is recommended that the Board of Commissioners adopt the proposed Resolution approving and affirming the change in status of thirteen employment classifications from exempt to non-exempt under the FLSA and to authorize the execution of settlement agreement and releases by and between the County and employees in those revised classifications allowing for reimbursement of actual overtime wages earned but not paid to some of those employees for the past two years as a result of the County's good faith misclassitìcation of status under the FLSA PREPARED BY: Scott R. Teach, Assistant County Attorney Don Albonesi, Manager - Compensation, Human Resources Department 2 Agenda Item No. 16E3 October 26, 2004 Page30f9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E3 Meeting Date Recommendation to adopt a resoiution approving the change in status of thirteen employment classifications from exempt to non-exempt under the Fair Labor Standards Act (FLSA) and to receive approval for the execution of Settlement Agreement and Releases. 10/26/2004900:00 AM Prepared By Date Donald Albonesi Compensation Manager 10/13/200412:02:48 PM Administrative Services Human Resources Approved By Donald Albonesi Compensation Manager Date Administrative Services Human Resources 10/13/2004 12: 02 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 10/14/2004 5:32 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 10/15/20048:34 AM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 10/18/200410:19 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10/18/2004 11 :24 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/18/200412:31 PM Agenda Item No. 16E3 October 26,2004 Page 4 of 9 RESOLUTION NO, 2004 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, APPROVING THE CHANGE IN STATUS OF THIRTEEN EMPLOYMENT CLASSIFICA nONS FROM EXEMPT TO NON-EXEMPT UNDER THE FAIR LABOR STANDARDS ACT ("FLSA") AND AUTHORIZING THE EXECUTION OF SETTLEMENT AGREEMENT AND RELEASES BY AND BETWEEN THE COUNTY AND EMPLOYEES IN THOSE REVISED CLASSIFICA nONS ALLOWING FOR REIMBURSEMENT OF ACTUAL WAGES EARNED BUT NOT PAID TO SOME OF THOSE EMPLOYEES FOR THE PAST TWO YEARS AS A RESULT OF THE COUNTY'S GOOD FAITH MISCLASSIFICA TION OF STATUS UNDER THE FLSA WHEREAS, the FLSA and its regulations mandate, in part, standards for certain job classifications to be exempt from overtime compensation and, during the course of a good faith review of its employment classifications commencing in the fall of 2003, the County determined that thirteen (13) job classifications previously not subject to the FLSA overtime provisions should have been classified as non-exempt or should now be considered non-exempt and eligible for overtime compensation pursuant to the amended FLSA regulations, which became effective August 23, 2004; and WHEREAS, the thirteen (13) employment classifications presently subject to reclassification as non-exempt under the FLSA include: Administrative Assistant, Sr., Accounting Technician, Assistant Recycling Coordinator, Executive Aide to the BCC, Executive Assistant, Executive Secretary, Facilities Compliance Officer, Library Outreach Specialist, Licensing Compliance Officer, Operations Coordinator, Property Acquisition Specialist, Technical Support Specialist, and Technical Support Specialist, Senior; and WHEREAS, the FLSA and its regulations mandate that such employment classifications be properly designated as. non-exempt and that employees previously improperly designated as exempt while working in those classifications are entitled to reimbursement for overtime compensation for work actually performed during the previous two (2) years; and WHEREAS, the County and those employees previously improperly designated as exempt under the FLSA have reviewed· the actual overtime hours performed over the past two years while employed in the subject classifications, if any, and have agreed to fully and finally settle all claims and issues with respect to reimbursement for work performed on behalf of the County for the prior two (2) years in the total amount of $18,810.24, subject to any additional related costs to be recalculated upon final execution of the settlement agreements; and NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: -,.....,._~---~-" Agenda Item No. 16E3 October 26, 2004 Page 5 of 9 1. The Board approves and adopts the designation of the above referenced employment classifications as non-exempt in compliance with the Fair Labor Standards Act. County staff is directed to undertake all necessary steps to fully and finally implement the re-designation of those classifications as required under the FLSA. 2. The Board further authorizes the Chairman to enter into and execute the individual Settlement Agreement and Releases with the affected employees, sample copies of which are attached hereto as Exhibits "I" and "2," in the total amount of $18,8] 0 .24, subject to any additional related costs to be calculated upon final execution of the settlement agreements. A separate agenda item detailing the total costs, if above the amount stated herein, will subsequently be brought to the Board for final review and approval. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ,2004. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By By: DEPUTY CLERK DONNA FIALA, Chairman Approved as to form and legal sufficiency: Scott R. Teach, Assistant County Attorney 2 Agenda Item No. 16E3 October 26,2004 Page 6 of 9 Exhibit 1 SETTLEMENT AGREEMENT AND RELEASE This settlement agreement and release executed by COLLIER COUNTY (the "Employer") and (the "Employee") is intended to effect the extinguishment of all obligations between the parties for and in consideration of any and all claims for past due salary, overtime wages, remittances and all other sums from the Employer made by the Employee up, through and including the date of execution of this Release arising from or relating to the Employer's classification status ofthe Employee as exempt under the Fair Labor Standards Act ("FLSA"). The Employer and Employee hereby covenant and agree on the following in exchange for the consideration paid to the Employee hereunder, as well as, their promises to release one another as set forth herein A. The Fair Labor Standards Act ("FLSA") and its regulations provide, in part, standards for certain job classifications to be exempt from overtime compensation. B. In the fall of 2003, the Employer commenced a good faith review of all of its job classifications and their descriptions and determined that several job classifications previously not subject to the FLSA overtime provisions should have been classified as non-exempt or should now be considered non-exempt and eligible for overtime compensation pursuant to the amended FLSA regulations, which became effective August 23, 2004. C. The parties agree that the Employee perfonned work that would entitle himlher to payment of actual overtime wages for the past two years as a result of the misclassification of his/her status under the FLSA in the amount of Payment of the unpaid overtime wage shall be reimbursed to the employee no later than the second pay period following the execution ofthis agreement. D, The Employer and Employee further agree that it is appropriate to resolve any potential claim(s) arising under the FLSA by entering into this agreement to discharge all claims related thereto, subject to the tenns and conditions set forth herein. In the event that the Employee is not currently employed in one of the subject classifications, this agreement pertains to that period of time in which the Employee was so employed during the last two years. In consideration of payment of the above sum and the relinquishment of their respective legal rights with reference to the aforementioned matter, each party expressly releases the other, and their heirs and legal representatives, from all liability for such claims and demands, and further releases, acquits and forever discharges each other, of and from all manner of action and actions, suits, and controversies whatsoever, in law or in equity, relating to the Employee's actual classification status under the FLSA as non- exempt as it pertains to the Employee's wages and compensation earned from the <",,,,,-... Agenda Item No. 16E3 October 26, 2004 Page 7of9 Employer for the pay period commencing two years prior to and, through and including, the date of execution of this mutual release. IN WITNESS WHEREOF, the parties, and or their duly authorized agents have signed and sealed this Settlement Agreement and Release on the date set forth below. A TrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: DONNA FIALA, CHAIRMAN Witness Signature Employee Signature Witness Printed Name Employee: Print Name Dated: Witness Signature Witness Printed Name Approved as to form and legal sufficiency: Scott R. Teach Assistant County Attorney 2 Agenda Item No. 16E3 October 26,2004 Page 8 of 9 Exhibit 2 SETILEMENT AGREEMENT AND RELEASE This settlement agreement and release executed by COLLIER COUNTY (the "Employer") and (the "Employee") is intended to effect the extinguishment of all obligations between the parties for and in consideration of any and all claims for past due salary, overtime wages, remittances and all other sums from the Employer made by the Employee up, through and including the date of execution of this Release arising from or relating to the Employer's classification status of the Employee as exempt under the Fair Labor Standards Act ("FLSA"). The Employer and Employee hereby covenant and agree on the following in exchange for their promises to release one another as set forth herein A. The Fair Labor Standards Act ("FLSA") and its regulations provide, in part, standards for certain job classifications to be exempt from overtime compensation. B. In the fall of 2003, the Employer commenced a good faith review of all of its job classifications and their descriptions and determined that several job classifications previously not subject to the FLSA overtime provisions should have been classified as non-exempt or should now be considered non-exempt and eligible for overtime compensation pursuant to the amended FLSA regulations, which became effective August 23,2004, C. The parties agree that the Employee did not perform work that would entitle himlher to payment of actual overtime wages for the past two years, despite the change of hislher status under the FLSA. In the event that the Employee is not currently employed in one of the subject classifications, this agreement pertains to that period of time in which the Employee was so employed during the last two years, D. The Employer and Employee further agree that it is appropriate to resolve any potential claim(s) arising under the FLSA by entering into this agreement to discharge all claims related thereto, subject to the terms and conditions set forth herein. In consideration of the mutual relinquishment of their respective legal rights with reference to the aforementioned matter, each party expressly releases the other, and their heirs and legal representatives, from all liability for such claims and demands, and further releases, acquits, and forever discharges each other, of and from all, and all manner of action and actions, suits, and controversies whatsoever, in law or in equity, relating to the Employee's actual classification status under the FLSA as non-exempt as it pertains to the Employee's wages and compensation earned from the Employer for the pay period commencing two years prior to and, through and including, the date of execution of this mutual release. Agenda Item No. 16E3 October 26, 2004 Page 9 of 9 IN WITNESS WHEREOF, the parties, and or their duly authorized agents have signed and sealed this Settlement Agreement and Release on the date set forth below. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: DONNA FIALA, CHAIRMAN Witness Signature Employee Signature Witness Printed Name Employee: Print Name Dated: Witness Signature Witness Printed Name Approved as to form and legal sufficiency: Scott R. Teach Assistant County Attorney 2 EXECUTIVE SUMMARY Agenda Item No. 16E4 October 26, 2004 Page 1 of 2 Recommendation to approve and ratify a recommendation to file suit for recovery of repair/replacement costs incurred by the county in connection with property damage caused by a third party. OBJECTIVE: For the Board of County Commissioners ("Board") to approve and ratify a recommendation to file suit for recovery of repair/replacement costs incurred by the County in connection with property damage caused by a third party. CONSIDERATIONS: Risk Management staff, pursuant to Resolution #2004-15, is seeking Board approval to file suit against third parties who have caused damage to County owned or maintained assets and who have not responded to County requests for reimbursement of repair/replacement costs. The Office of the County Attorney will represent the County in these lawsuits against the following individual(s)/company(s): DEFENDANT(S) DAMAGES SOUGHT Melissa Rios $1,417,82 plus Court costs and all other relief to which the County may be entitled either at law or in equity. Rosa Linda Murphy- Blankenship & James Blankenship $3,351.63 plus Court costs and all other relief to which the County may be entitled either at law or in equity. Everglades Farms, Inc, $5,557,72 plus Court costs and all other relief to which the County may be entitled either at law or in equity. PROPERTY DAMAGED County street light was damaged in a vehicle accident. Cleanup costs following delivery of a suspected hazardous material to the Naples Landfill. County street light was damaged in a vehicle accident. FISCAL IMPACT: Collier County will incur Court filing fees totaling $217.50 plus a Summons Service cost of$20.00 for each person served. The total cost of this request is $297.50. Funds to defray these costs will come from the County's Property and Casualty Self Insurance Retention Fund No. 516-121650 645920. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: The Risk Management staff recommends that the Board approve and ratify this recommendation to file suit in the above referenced matters. ,.",,",~., .", .-.., ",.._,.. "..' -_...,,~... ".,..,.."...",....'~"'.".., Agenda Item No. 16E4 October 26, 2004 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E4 Meeting Date Recommendation that the Board of County Commissioners approve and ratify a recommendation to file suit for recovery of repair/replacement costs Incurred by the County in connection with property damage caused by a third party. 10/26/2004 900:00 AM Approved By Jeffrey A. Walker, CPCU, ARM Risk Management Director Date Administrative Services Risk Management 10/14/2004 2:01 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 10/14/2004 5:35 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 10/15/20048:36 AM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 10/18/200410:22 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10/18/20041:17 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/18/20043:45 PM .;..",,-.~ Agenda Item No. 16E5 October 26, 2004 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to adopt a resolution approving the Hurricane Charley Worksite Agreement providing United States Department of Labor funds under a National Emergency Grant to cover the pre-screening costs, wages and required safety equipment for temporary workers due to the effects of Hurricane Charley. OBJECTIVE: For the Board of County Commissioners to adopt a Resolution approving the Hurricane Charley Worksite Agreement providing United States Department of Labor funds under a National Emergency Grant to cover the pre-screening costs, wages and required safety equipment for temporary workers due to the effects of Hurricane Charley. .........- CONSIDERATION: As a result of Tropical Storm Bonnie and Hurricane Charley, the United States Department of Labor released $50 million through the Workforce Innovation Act to assist workers in Florida. Of this, $9 million was awarded to the designated Charlotte, Collier, Glades and Lee County area and is managed by the Workforce Council of Southwest, Florida. In our area, this National Emergency Grant is made available through the Workforce Council Of Southwest, Florida, to cover the costs for pre-screening, the wages and the required safety equipment for qualified temporary workers for designated communities that have been affected by Hurricane Charley. Collier County qualifies as such a designated community and has work to be done that is qualified under this grant. Workers qualified under this grant can do this qualified work at no cost to the taxpayers of Collier County. FISCAL IMPACT: The results of these actions will provide County Services for clean-up, restoration and humanitarian services to Collier County residents at no cost to the County. All funding is provided directly to the workers. The workers are also provided Worker's Compensation and all tools and materials needed to carry out their assigned jobs by the Workforce Council. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: It is recommended that the Board of County Commissioners adopt the proposed Resolution approving the Hurricane Charley Worksite Agreement providing United States Department of Labor funds under a National Emergency Grant to cover the pre-screening costs, wages and required safety equipment for temporary workers due to the effects of Hurricane Charley. PREPARED BY: Teri Wides, Manager, Career Development and Training, Human Resources Department. "'~'"""''''*'''-'-''--'H''''-> '''---'·_-'''''·¡''-t!JV'<' Agenda Item No. 16E5 October 26,2004 Page 2 of 9 COLLIER COUNTY .- BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E5 Meeting Date Recommendation to adopt a resolution approving the Hurricane Charley Worksite Agreement providing United States Department of Labor funds under a National Emergency Grant to cover costs of temporary workers used to clean up after Hurricane Charley. 1012612004900:00 AM Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 10113/20043:47 PM Appro\'ed By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 10/14/20045:38 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 10/15/20048:36 AM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 10/18/200410:29 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10/18/200411:26 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/18/20044:21 PM ~'-,.__.,'_._- Agenda Item No. 16E5 October 26,2004 Page 3 of 9 RESOLUTION NO. 2004- A RESOLUTION APPROVING THE HURRICANE CHARLEY WORKSITE AGREEMENT WITH THE WORKFORCE COUNCIL OF SOUTHWEST, FLORIDA, INe. TO PROVIDE TEMPORARY LABOR AT NO COST TO COLLIER COUNTY GOVERNMENT WHILE PROVIDING CLEANUP, RESTORA TION, AND HUMANIT ARlAN ASSISTANCE TO THE COLLIER COUNTY COMMUNITY. WHEREAS, Collier County has been effected by Hurricane Charley, and WHEREAS, a National Emergency Grant has funds available through the Workforce Council Of Southwest, Florida, to provide temporary workers for designated communities, and WHEREAS, Collier County is such a Community, and WHEREAS, Collier County has work to be done that is qualified under this Grant, and WHEREAS, Collier County is fiscally responsible to its citizens, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Hurricane Charley Worksite Agreement With The Workforce Council Of Southwest, Florida a copy of which is attached hereto as Exhibit 1, is hereby approved and adopted, PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 26th day of October, 2004. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By By: DONNA FIALA, Chairman DEPUTY CLERK Approved as to form and legal sufficiency: Scott R, Teach, Assistant County Attorney Agenda Item No. 16E5 October 26, 2004 Page 4 of 9 - Tropical Storm Bonnie & Hurricane Charley WORKSITE AGREEMENT Agreement # I certify that Worksite Name is designated as a Disaster Relief Jobs Program worksite Workforce Council of Southwest FL, Inc Worksite Employer Name Address 215 Airport-Pulling Road N., Suite 3 City, State, Zip Naples, Florida 34104 Phone Number 239-643-4324 FAX Number 239-643-4431 Contact PersonlTitle John Tippins Worksite Employer's business is: ( ) Private for Profit ( ) Private Non-Profit ( ) Government (if authorized) The parties agree that the Worksite Emoloyer shall direct and suoervise emoloyee(s). Typed Nameffitle Workforce Council of Southwest FL, Inc. Typed Namemtle Worksite Employer Signature Employee: Participant temporarily hired for disaster recovery & clean-up efforts & humanitarian efforts. Worksite Employer: Entity responsible for direction & supervision of the employee at the site of the disaster recovery or clean up: Agenda Item No. 16E5 October 26, 2004 Page 5 of 9 I. AUTHORITY: This agreement is executed pursuant to the following statutory, regulatory and policy provisions. The Workforce Investment Act, 29 USC 1501, as amended ("WIA") and the WIA Final Regulation. II. TERM: The period of performance of this Agreement shall be from the day of . The Maximum period of performance under this contract cannot exceed 6 months or 1040 hours. III. WORK DESCRIPTION: An individual served under this Agreement will be referred to as an employee." A job Description will be written for each employee served under this agreement. A duly recognized representative, such as a manger or supervisor, may sign for the Employer. Job Description shall by reference be made a part of this Agreement. IV. PERFORMANCE OF WORK: A. START OF WORK The Worksite Employer will not start the employee at work until the Workforce Council has signed this Agreement, and the Job Description and Worksite Agreement Addendum has been completed for the employee. The start of work must not precede the Date of this agreement or the last signature date. B. TERMINATION FOR CONVENIENCE Workforce Council may terminate the performance of work under this Agreement in whole or From time to time in part when it determines that such termination is in the best interest of the Workforce Council. Termination for work hereunder shall be effected by delivery to the Worksite Employer of a Notice of Termination specifying the extent to which performance of work under The Agreement is terminated and the date upon which such termination becomes effective. The Worksite Employer shall notify the Workforce Council of any changes to the required hours and work necessary to be performed by the Employee in order to effectuate any terminations due to lack of work. C. TERMINATION FOR REASONS OF DEFAULT Workforce Council may, by written notice of default to the Worksite Employer, terminate the whole or any part of this Agreement in anyone of the following circumstances: If the Worksite Employers fails to perform the services specified herein; or if the Worksite Employer fails to perform any of the other provisions of this Agreement, or so fails to make progress as to endanger performance under this Agreement in accordance with its terms, and in either of these two circumstances does: not cure such failure within a period of ten (10) days (or such longer period as the Workforce Council may authorize in writing) after receipt of notice specifying such failure. V. WORKSITE EMPLOYER'S REQUIREMENTS (PARTICIPANT): A. EQUAL OPPORTUNITY The Worksite will not discriminate against any employee because of race, color, religion, sex, or national origin. B. STATEMENT OF EMPLOYER PERSONNEL POLICY The Worksite will provide a copy of its policy to the employee covering any specific rules or regulations by which the employee is expected to abide. Agenda Item No. 16E5 October 26, 2004 Page 6 of 9 .,'- VI. MISCELLANEOUS PROVISIONS: A. PAYMENTS 1. The Worksite Employer will assist the Workforce Council by providing the appropriate documentation (signed timesheets) to the Workforce Council on a timely basis to ensure the Employee is paid on a timely basis. 2. All hours must be rounded to the nearest quarter hour on a daily basis. B. CHANGES There shall be no modification or amendment of this Agreement, except in writing, executed with the same formalities as this instrument. C. DISPUTES All disputes should be resolved informally. If resolution does not occur to the satisfaction of any party, the first step is to use existing grievance procedures, if any, established by the Worksite Employer to resolve disputes with Employees. D. ATTESTATION REGARDING EMPLOYMENT OF EMPLOYEE The Employer can presently employ none of the employees served under this Agreement, nor can they be presently on a layoff status subject to recall by the Employer or other like status with the Employer. E. SUBJECT TO FUNDING I BUDGET It is expressly understood by and between the parties hereto that the Workforce Council is serving solely as distributor of funds provided under the Workforce Investment Act (WIA) , and is not obligated to disburse monies from general funds or otherwise to make payments described herein, and further, that this distribution is contingent upon the receipt of WlA funds. The Workforce Council reserves the right to institute an administrative modification to reduce in whole or in part the monies provided under this Agreement should available monies become insufficient to continue Agreement levels. F. HOLD HARMLESS Without waiving its sovereign immunity, and if and to the extent allowed by law, each party shall hold harmless each other, its officers, officials, and employees from and against all claims and liabilities of any nature or kind, including costs and expenses for or on account of any claims, damages, losses or expenses of any character whatsoever resulting in whole or in part from the negligent performance or omission of either party's employees or representatives connected with the activities described herein. G. DEBARMENT AND SUSPENSION The Worksite Employer certifies, by signing this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Agreement by any Federal or State department or agency. H. RELATIONSHIP OF PARTIES The Worksite Employer does not become the agent of the Workforce Council for any purpose pursuant to this Agreement, and will make no representation of such. In agreeing to provide direction and supervision for the employee(s), the Worksite Employer understands that this does not make any employee and employee or agent of Workforce Council, nor is the Workforce Council liable to the Worksite Employer or any third party by reason of any future act or failure to act by any employee on or off the job. Agenda Item No. 16E5 October 26, 2004 Page 7of9 VII. ASSURANCES AND CERTIFICATIONS: In entering into this Agreement, the Worksite Employer hereby acknowledges, and agrees to comply with, the following statutory, regulatory and policy provisions: A. RELOCATION Neither the execution nor performance of the Agreement will assist in, support or otherwise contribute to the relocation of the Worksite Employer's business. B. MAINTENANCE OF EFFORT The Worksite Employer assures that this agreement will only provide for employment opportunities that are necessary for disaster recovery. C DISPLACEMENT OF CURRENTLY EMPLOYED WORKERS The Worksite Employer assures that no currently employed worker shall be displace by any employee, including partial displacement such as a reduction in hours of non-overtime work, wages or employment benefits. No employee shall be employed or job opening filled when (a) any other individual is on a lay-off from the same or any substantially equivalent job, or (b) when the Worksite Employer has terminated the employment of any regular employee, or has otherwise reduced its work force with the intention of filling the vacancy so created by utilizing an employee. D. HEALTH AND SAFETY STANDARDS Health and safety standards otherwise applicable to working conditions of disaster employees shall be equally applicable to working conditions of the regular employees. The Worksite Employer assures that appropriate standard for health and safety will be maintained, including adherence to both federal and state Child Labor Laws. E. SECTARIAN ACTIVITIES The Worksite Employer assures that employees will not be employed in building, operating, or maintaining any part of any building, which is used for religious instruction or worship. F. COLLECTIVE BARGAIING AND UNION ACTIVITIES The Worksite Employer assures that this agreement will not impair existing contracts for services or collective bargaining agreement between the Worksite Employer and other parties, nor will this agreement assist, promote or deter union organization. G. LOBBYING AND POLITICAL ACTIVITIES The Worksite Employer assures that this agreement will not assist with political or lobbying activities or the cost of any salaries or expenses related to any activity designed to influence legislation or appropriation pending before the Congress of the United States. VIII. REPRESENTATIONS AND UNDERSTANDING: The Worksite Employer agrees to operate this worksite in accordance with the provisions, conditions and specifications as follows: 1. To insure that employees assigned to this worksite will only perform tasks that are a result of the disaster or are necessary because of destruction in this declared area. 2. To insure that the Workforce Council will be notified as soon as all tasks which are necessary as a direct result of the destruction have been completed. 3. To insure compliance with governing state and federal laws and policy. 4. To provide adequate supervision of the temporary employees. 5. To provide sufficient work to fully occupy the temporary employee's working hours. Agenda Item No. 16E5 October 26, 2004 Page 8 of 9 - 6. To maintain the worksite timesheets and monitoring of hours and attendance. 7. To adhere to applicable wage and hour regulations. 8. To insure safe and sanitary working conditions. 9. To insure that no temporary employee will be involved in any sectarian or political activities. 10. To follow AMS Accident Procedures and to file injury reports when applicable and immediately advise the Workforce Council. IX. The Worksite Employer understands that no part of this Agreement, includina anv Addenda,_may be subcontracted to a third party without the express written consent of the Workforce Council. A. The worksite Employer will immediately advise the Workforce Council in writing of any actions, suits, claims or grievances filed against the Contractor, the Workforce Council, State of Florida, federal officials or participating employees that in any way relates to this Agreement. B. The Worksite Employer represents that it has the power and authority to execute this Agreement and perform the services specified in any Addenda to this Agreement. ----.--- "- -. ---,_.._--- Agenda Item No. 16E5 October 26. 2004 Page 9 of 9 ADDENDUM TO NEG WORKSITE AGREEMENT The Workforce Council of SW FL Inc. will be responsible for the following procedures under this contract: 1. Provide required workers compensation coverage. 2. Pay wages fo r participants at the worksite agency's entry-level rate for the position up to $12,000 or 1040 hours, whichever comes first. 3. Reimbursement of all costs associated with the positions that are required by the worksite agency. These costs may include but are not limited to drug testing, uniforms, safety equipment, etc. 4. Provide support to worksite supervisors that may be needed. This includes pick-up oftime sheets and delivery of paychecks; procedures in reporting injuries; counseling, as needed, of participants. ~~--- ~ ---.~ AI Neuman Executive Director This agreement is hereby executed pursuant to the terms and conditions stated herein: ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Chairman, Board of County Commissioners Deputy Clerk WORKFORCE COUNCIL OF SOUTHWEST FL, INC. By: Date: Signature Printed Name Approved as to form and legal sufficiency: Assistant County Attorney Agenda Item No. 16E6 October 26, 2004 Page 1 of 23 EXECUTIVE SUMMARY Recommendation to declare certain county-owned property as surplus and authorize a sale ofthe surplus property on November 13,2004. OBJECTIVE: To authorize the sale and disposal of surplus County-owned assets at the next surplus auction, which is scheduled for Saturday, November 13, 2004. CONSIDERATION: Pursuant to the Purchasing Policy, attached is an itemized list of surplus property that has been transferred to the Purchasing Department. The Board of County Commissioners has approximately seven hundred (700) items that will be auctioned, of which there are several law library books, computer monitors, printers, furniture, and miscellaneous office equipment. The County is currently under contract with a full-service auctioneer, First Coast Auction & Realty, Inc., to provide comprehensive auctioneer services to include preparation for the event, sale and disposal of surplus County-owned assets, and the transfer and disposition of property titles. This sale will be conducted pursuant to Section 274.06, Florida Statute. The items on the attached list are being offered for transfer to other departments prior to auction. In an effort to dispose of additional surplus items received by the Purchasing Department prior to the November 13, 2004 auction date, staff is requesting permission to ....,., dispose of additional non-asset surplus items that may be received subsequent to the preparation of this Executive Summary at the November auction. All items sold and their realized values will be reported in a follow-up Executive Summary. FISCAL IMPACT: The net revenue will be credited to the appropriate funds. GROWTH MANAGEMENT IMPACT: This will not affect the growth management impact. RECOMMENDATION: That the Board of County Commissioners authorize the sale and disposal of all surplus County-owned items as per the attached list on November 13, 2004. PREPARED BY: Sue Hebbe, Purchasing Technician, Purchasing Department ,.,."...""-.",,",-,,....,.....,-_. '-"-",.,""',",;,~",,,,,,,,,- Agenda Item No. 16E6 October 26. 2004 Page 2 of 23 COLLIER COUNTY (' BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E6 Recommendation to declare certain county-owned property as surplus and authorize a sale ofthe surplus property on November 13. 2004. Meeting Date 10/2612004900:00 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 1 0/14/2004 11: 17 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 10/14/20045:39 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 10/15/20048:38 AM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 10/18/2004 10:35 AM Approved By Michael Smykowski Management & Budget Director Date r County Manager's Office Office of Management & Budget 10/18/2004 11 :32 AM Approved By James V. 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'tS 15 'tS'tS ~ 'tS't5 ~ .i'tSjIJ'S S 1'tS'S.i!'tS 'tS.i.i!~'t5 j.iij.~ 'tS¡il.i.i~f~ Šf~~tl' ð ~~~~ St~ l; ¡ð5.f· -88 ef8'1~ Jj f~~ IJi¡JJiíJJJ ~IJljIJ~Jll~ l~~ _.._-"-,_.".,.-,,...--- ..______N___...~__·_·_····· Agenda Item No. 16E6 October 26. 2004 Page 15 of 23 ~e ~ (J Q Z I&. § ~ Ø) z ~ IX W CD a ::) z ..J ~ IX W '" ; I ë ~ 1i: ëii = I . I j~ :IE ¡e iË ! ;e ! i 'ã ï¡J ts i ]~ t:: t:: t:: t::t:: t:: t:: I- t::1- t::t:: t:: t:: t:: I:: I:: ð$ !:: 0 «I 111 c:: I&. I&. I&. I&. ... ~ ~ ~ C")C") N ~ &1 ~&1 ~!tJ ~ ~ N ~ ~ 0 ~ ~ ~ ~ ~ ~ 0 Be .. II) II) s; ~ .... .... .... ... .... ..... .... .... .... .... .... ... .... ..... ... .... .... .... N N N -.... - .... .... .... ... .. ... N .... - ... - N N ~ ~ ~ NN N N N NN NN N N N N 'o. .... ... ... ... .... .... .... .... .... .... ....- .... .... - ... - .... ..... .... .... - - .... .... ~.-.._. Q 8 8 8 88 8 8 8 88 88 8 8 8 8 8 8 8 .... 8 8 .... 88 æ 0 g ..... 0:- ~~ o~ ._.,,--~ n Ii . - . 8 ~ ~ 'o. 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(.) 00 (.) 0 00 Agenda Item No. 16E6 October 26,2004 Page 21 of 23 (' ¡ ,r r . ....M ___......___.___.......R.._...._...._...M........._.._.........___..._.___.._..._.._.......___..._.....___..-.-......-.-.-.......-..- Agenda Item No. 16E6 October 26,2004 Page 22 of 23 .... 0 it I .... ,... N .... .... .... ..... æ .... 8 ... t: ! ~ I,i ! '" a:: fi að I- 0.. æ 15 II ! z ....I I 11.1 0') ~ t II I I ~ I I I I I I I I a:: II. .~ .S ¡ t J J J I I I i .S ~ i 0 il j ~ ! ! ! G5 G G ð .oJ ... ... ð Ö d d ~ ~ ! ; ~ ! ! ! ! ! I- !::!::: !::!::: !:: t: t: I- (J (J (J l- I- I- ~~Ir œ 1010 fit 10 ~I~I .... .... .... ~ .... ..... .... .... .... .... .... ... 8 ........ .... ~~ ~ ~ ...... ... ...... .... .... .... .... ....... ('of ~~ ÑÑ Ñ ¡ Ñ.... .... .... ij .... ij ij (J ~~ N ....~ Q! ~ ~ .... .... ... .... .... .... .... ......... .... i 8 88 88 8 8 8 8 .... .... .... .... ... .... .... .... .... .... ........ LI. æ$ ! :8 !$ i $ :8 i $ :8 . ! II II a:: w 5 S I- I- I~ ,... I 1-1- ~ I~ I ~ ì Ii I Sï ~ ¡ I z :m :::I co co 8 ....0 c<:I.... f8!;Õ t'-"" im ~ sš ~~ a N s Š å § S Š ~! .... ~ i! ~ ð ð ~ I Ii .... 8 88 8 ~ 88 :§§ s ~ :g .... .... .... ....- - - .... - .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... = _0" i I ~ f I l æ I 1 I I: (J I Ii fa ¡ I ! I~ I ! II Q 0.. I I ! c:: J j c: l- I II § ! I I J ~ I~~I ~~ ~ ~ ~~ JJ Ii: I~ IJI ...: ~ I :! I.fi I.fì 1.1 1.1 ti ~ J J ¡ Ii -a '1: j (I) II! ~ .... ("oj N ~ ~ 1 ! ~! .!= J ~~ 'æ ~I~ J J J J ~ ~~ J:) ~ :Ì :i ca ~ .c G i.i: l- I- LI.. u... (,,) (,.) 0 · _.~-~_........._---_.- Agenda Item No. 16E6 October 26,2004 Page 23 of 23 t;~ 00 u i ,. i ~ en z g D: LLI m :I :::) Z ..J :5 15 en :E 0 I j II J J D: ,. t: j j i i co 0 0 0 j w 0 0 ï! ! w '5 '! ~ Q )( )( !~ ~ )( ~ {! {!! If :;) æ. If ,. Q., ,. t;~ §I§ ~ ~ ~ 8 ~ C'I ,.. ,.. ,.. Q .... .... ,.. ... .... z 88 8 8 8 ,. Ii I~~ O:ON g ~~ ¡.;;;. ~~ :::)en 8~ C'- C'- - ¡ m á 8 f2 8 i§ ~ "- 8 ~ ~ ~ f:::! ~ ~ ~ Ie "- co g 8 8 ~ 8 8 It) Š 8 8 8 ~ 8 ~ C") 8 8 ~ 8 8 ~8 Q 8 Q Q Q Q 0 t:; I:; 0 0 8 g Q... ... ... .... ..... .... .... ..... ... .... .... .... ..... .... .... .... ,.. .... ,.. .... .... .... ,.. .... .... ... ... .... .... .... .... .... .... .... ..... ..... .... ..... .... .... ... -P. i e ! i:! ~ ! E æ :15 l1li U ¡¡ ãi c: c: J ,. GO J ~ ~; I I i c ~ I: J ! } J A §~ w w w w 'õ .. ..i .JC .:It. .:It. ~ j J ~ ! .=.!:: .a .Q If) ~ '" .!.! {!!. {!!. ~ ¿¡ {!!. 0 ou Agenda Item No. 16E7 October 26,2004 Page 1 of 20 ".-''''''', EXECUTIVE SUMMARY Recommendation to approve a sole-source purchase from ESRI for ArcGIS Server, geographical information systems software for web services, in the amount of $30,016.46. OBJECTIVE: To obtain Board of County Commissioners approval for a sole-source purchase of geographical information systems web services software, ArcGIS Server, from ESRI in the amount of$30,016.46. CONSIDERATIONS: Collier County has deployed its geographical information systems based upon ESRI software and data storage methodology since 2001. This system is beginning to mature and recent technological advancements, particularly in the area of the Internet, has prompted ESRI to add additional products. One of these products, ArcGIS Server, would allow the County to perform true geographical information system functions via the web, This will reduce the need for additional desktop software licenses, and will permit wireless and remote connectivity to the county's geographical information systems for its field personnel. Approval of a sole-source purchase is requested for the following reasons: ! i"~--"" · ESRI provides the platform and software for the county's current geographical information system. · ESRI is the sole provider of this software, and they do not offer it through resellers. · This product will reduce the number of desktop geographical information system products that we need to license in the future by allowing the County to take advantage of web technology. We only need to buy a license for the server, not for each individual computer that will run the product. · The County's geographical information system is maturing and field personnel would like direct, remote access to the data and functions that the system contains. · There are no other similar products from other vendors that meet Collier County's requirements. FISCAL IMPACT: Staff estimates costs for ArcGIS Server software to be $30,016.46. The funding for this software exists within the current project budget. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the sole- source purchase of ArcGIS Server from ESRI in the amount of $30,0 16.46. ."-- Agenda Item No. 16E7 October 26,2004 Page 2 of 20 PREPARED BY: Bert Miller, AICP, Geographical Information Systems Manager COLLIER COUNTY Agenda Item No. 16E7 October 26, 2004 Page 3 of 20 BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16Eì Recommendation to approve a sole-source purchase from ESRI for Arc GIS Server, geographical information systems software for web services, in the amount of $30,016.46. 10/26/20049:00:00 AM Meeting Date Approved By Mary Beck Executive Secretary Date Administrative Services Administrative Services Admin. 10/11/200412:13 PM Approved By Barry Axelrod Information Technology Director Date Administrative Services Information Technology 10/11/20042:54 PM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 10/13/200410:50 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 10/14/200411:25 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 10/15/20042:11 PM ,- Approved By Pat Lehn hard Administrative Assistant Date County Manager's Office Office of Management & Budget 10/15/20042:41 PM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 10/18/20049:51 AM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 10/18/20042:63 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 10/18/20044:07 PM Commissioners _. '"_."_.,---_.,'~ Agenda Item No. 16E7 October 26, 2004 Quotation # 20165640 Page 4 of 20 ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. ESRI, Inc. 303 Evernia St West Palm Beach, FL 33401 Phone: + (561) 832-4116 Fax: + (561) 832-1058 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 10/08/2004 to: 01/08/2005 Date: October 08,2004 Customer # 184416 Contract # COUNTY OF COLLIER INFORMATION TECHNOLOGY DEPT 2800 N HORSESHOE DR NAPLES, FL 34104 ATTENTION: Bert Miller PHONE: 239 530 5362 FAX: 239-530-5306 Material Qty Description Unit Price Total 97385 ArcGIS Server 2 CPU 30,000.00 30,000.00 30,000.00 30,000.00 16.46 0.00 $ 30,016.46 Items Total: Subtotal: Estimated Shipping & Handling (2 Day Delivery) : Contract Pricing Adjust: Total (excludes applicable sales tax): Quoted By: Rob Hofmann, + (561) 832-4116 x13 Email: rhofmannesri.com Account Manager: Rob Hofmann Email: rhofmannesri.com If Ucensee elects to reinstate lapsed maintenance, ESRI may charge back maintenance as a reinstatement fee to activate current maintenance. This Quotation is made in confidence for your review. It may not be disclosed to third parties, except as required by law. If sending remittance, please address to: ESRI, File No. 54630, Los Angeles, Ca 90074-4630 HOFMANNR This offer is limited to the terms and conditions incorDorated and attached herein. ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. ESRI, Inc. 303 Evernia St West Palm Beach, FL 33401 Phone: + (561) 832-4116 Fax: + (561) 832-1058 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 10108/2004 to: 01/0812005 Agenda Item No. 16E7 October 26, 2004 Quotation # 20165640 Page 5 of 20 Date: October 08,2004 Customer # 184416 Contract # COUNTY OF COLLIER INFORMATION TECHNOLOGY DEPT 2800 N HORSESHOE DR NAPLES, FL 34104 ATTENTION: Bert Miller PHONE: 239 530 5362 FAX: 239-530.5306 BY SIGNING BELOW YOU ARE INDICAl1NG THAT YOU ARE AUTHORIZED TO OBUGATE FUNDS FOR YOUR ORGANIZA110N. DO NOT USE THIS FORM FOR ORDER ACTIVATION IF YOUR ORGANIZATION WILL NOT HONOR AND PAY AN INVOICE THAT HAS BEEN ISSUED AT YOUR DIRECTION WITHOUT ADDmONAL AUTHORIZING PAPERWORK, To expedite your order, either attach a copy of this quotation to your purchase order when it Is remitted to ESRI, or sign below and return this quotation to indicate your acceptance of this offer. ESRI's address and fax number are provided on the first page of this quotation. If your organization Is a US Federal, state, or local govemment agency; an educational facility; or a company that will not pay an invoice without having Issued a formal purchase order, a signed quotation will not be accepted unless it Is accompanied by your purchase order. Signature of Authorized Representative ,-, '\lame (Please Print) TiUe The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchasellicense. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute. Inc. (ESRI). Any estimated sales andlor use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales andlor use tax at the actual date of invoicing. If your organization is tax exempt or pays state tax directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Quoted By: Rob Hofmann, + (561) 832-4116 x13 Emall: rhofmann@esri.com Account Manager: Rob Hofmann Email: rhofmanl}@esri.com If Licensee elects to reinstate lapsed maintenance, ESRI may charge back maintenance as a reinstatement fee to activate current maintenance. This Quotation is made in confidence for your review. It may not be disclosed to third parties, except as required by law. If sending remittance, please address to: ESRI, File No. 54630, Los Angeles, Ca 90074-4630 HOFMANNR This offer is limited to the tenns and conditions incorporated and attached herein, .-----.--..,.,--". _._~- Agenda Item No. 16E7 October 26, 2004 Page 6 of 20 EnVIronmental Systams Researcn Institute. Inc., 360 New Vorl< St, Redlands, CA 92373-8100 USA· TEL 909-793-2853 - FAX 909-793-5953 IMPORTANT-READ CAREFULLY UNLESS IT IS SUPERSEDED BY A SIGNED LICENSE AGREEMENT BETWEEN YOU AND ESRI, ESRI IS WILLING TO LICENSE THE SOFTWARE, DATA, OR DOCUMENT A TION TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS ESRI LICENSE AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE SOFTWARE, DATA, OR DOCUMENTATION WILL NOT BEGIN DOWNLOADING TO OR INSTALL ONTO YOUR COMPUTER SYSTEM UNTIL YOU HAVE MANIFESTED YOUR ASSENT TO THE TERMS AND CONDITIONS OF THE ESRI LICENSE AGREEMENT BY CLICKING "I accept the License Agreement" BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AS STATED, THEN ESRI IS UNWILLING TO LICENSE THE SOFTWARE, DATA, OR DOCUMENT A TION TO YOU AND YOU SHOULD CLICK "I do not accept the License Agreement" BELOW, IN WHICH EVENT, THE SOFTWARE, DATA, OR DOCUMENT A TION WILL NOT BE DOWNLOADED TO OR INSTALLED ONTO YOUR COMPUTER SYSTEM. ESRI LICENSE AGREEMENT (E2045/04) This ESRI License Agreement (hereinafter referred to as "Agreement") is between you ("Licensee") and Environmental Systems Research Institute, Inc. ("ESRI"), a California corporation, with its principal place of business at 380 New York Street, Redlands, California 92373 -8100, USA. ARTICLE I-DEFINITIONS Definitions-As used herein, the following words, phrases, or terms in this Agreement shall have the following meanings: (a) "Software" means the actual copy of all or any portion of ESRl's proprietary geographic information system (GIS) software technology, computer software code, components, dynamic link libraries (DLLs), and programs delivered on any media, including, but not limited to, alpha, beta, prerelease, restricted version(s), or final commercial release provided in source, object, or executable code format(s), inclusive of backups, updates, or merged copies permitted hereunder or subsequently supplied under this Agreement. (b) "Data" means any ESRI or third party data vendor(s) digital data set(s) including, but not limited to, geographic, vector data coordinates, raster, or associated tabular attributes in ESRI® GIS software compatible format(s) supplied under this Agreement. (c) "Documentation" means all of the printed and digital materials including, but not limited to, user documentation, training documentation, or technical information and briefings supplied under this Agreement. (d) "License Manager" means the nondestructive license management software program or hardware key, or similar copy protection mechanism, which controls the distribution of the licensed number of Software copies to requesting end user(s) of Licensee. ARTICLE 2-INTELLECTUAL PROPERTY RIGHTS AND RESERVATION OF OWNERSHIP The Software, Data, and Documentation are owned by ESRI and its lícensor(s) and are protected by United States laws and applicable international laws, treaties, and conventions regarding intellectual property or proprietary rights, ESRI and its licensor(s) retain all rights, title, and ownership not granted herein to all copies of the Software, Data, and Documentation licensed under this Agreement. From the date of receipt, Licensee agrees to use reasonable effort to protect the Software, Data, and Documentation from unauthorized use, reproduction, distribution, or publication. All rights not specifically granted in this Agreement are reserved to ESRI and its licensor(s). Page ¡ of 6 E204 05/04 ARTICLE 3-GRANT OF LICENSE Agenda Item No. 16E7 October 26, 2004 Page 7 of 20 3.1 Grant of License-In consideration of the mutual promises and covenants provided herein and for other good and valuable consideration, and conditioned upon compliance with aH of the terms and conditions set forth in the Agreement including, but not limited to, Article 4, ESRI grants to Licensee a personal, nonexclusive, nontransferable license to (a) Use the Software, Data, and Documentation as a single package for Licensee's own internal use only; and (b) Access and use any secure ESRl Web site resources made available to Licensee for Licensee's internal use only, provided that Licensee foHows ESRI's terms of use policy specified therein. All password or controlled access information provided by ESRl or its authorized distributor shaH be treated as ESRI confidential information. 3.2 Beta License-In the event ESRI accepts Licensee into a current Beta Testing program, Licensee may be provided copies of alpha, beta, and/or prerelease (hereinafter collectively referred to as "Beta") Software for the limited purpose of testing the Beta Software in accordance with the Beta testing policies then in effect. Beta Software and Documentation delivered are confidential and proprietary to ESRI and contain trade secrets, inclusive of unpublished specifications. In consideration of the rights granted herein, Licensee agrees to retain alJ Beta Software and Documentation provided to Licensee in confidence. Licensee shaH maintain aH results of testing in confidence and agrees not to disclose to any third party details pertaining to the Beta Software, Documentation, test results, or errors encountered, ESRI reserves the right to determine which Beta Software and Documentation, subsequent interim beta release(s), or patch(es) will be made avaiJable to Licensee to test during the term of the Agreement. Beta Software is subject to change prior to its commercial release and may never be commerciaHy released. Licensee is advised that such Software is not suitable or licensed for full use and accepts aH responsibility for use of the same and any results generated. 3.3 Evaluation License-ESRI may from time to time extend a limited term evaluation license(s) under the terms of this Agreement, for the duration authorized in any supporting documentation supplied by ESRI. Any evaluation license subsequently converted to a fuH use license is also subject to the terms of this Agreement. 3.4 ConsuJtant Access-Licensee may provide access to the Software, Data, or Documentation to any consultant or contractor of Licensee, provided that the consultant or contractor is using the Software, Data, or Documentation exclusively for the benefit of Licensee, Licensee shall be responsible for compliance by consultants or contractors with the terms and conditions of this Agreement. ,,,- ARTICLE 4-SCOPE OF USE 4.1 Permitted Uses (a) Licensee may (i) install and store copies onto electronic storage device(s) and (ii) only use the Software, Data, and Documentation as described in Exhibit I set forth herein and in accordance with the licensed configuration on fiJe with ESRI Customer Service or ESRI's authorized distributor. (b) Licensee may make one (I) copy of the Software, Data, and Documentation for archival purposes during the term of this Agreement. Additionally, Licensee may make routine computer backups and implement a redundant Software installation for failover operations during the period the primary site is not operational. The redundant Software instaHation shall remain dormant except for system maintenance and updating of databases while the primary site is operational. (c) Licensee may customize the Software using any (i) macro or scripting language, (ii) open application programming interface (API), or (iii) source or object code libraries, but only to the extent that such customization is described in the Documentation. (d) Licensee may use the Data only as described in the Distribution Rights section of the help or metadata files delivered with the Software, Data, and Documentation, or subject to the third party Data vendor's terms. (e) Licensee may use, copy, or prepare derivative works of the Documentation supplied in digital format and thereafter reproduce, display, and redistribute the customized documentation only for Licensee's own internal use. The portiones) of the Documentation supplied in digital format merged with other software and printed or digital documentation shaH continue to be subject to the terms and conditions of this Agreement and shaH provide the following copyright attri bution notice acknowledging the proprietary rights of ESRI and its licensor(s) in the Documentation supplied in digital format: "Portions of this document include intelJectual property of ESRI and its licensor(s) and are used herein under license, Copyright © [Insert the actual copyright daters} from the source materialsJ ESRI and its licensor(s). All rights reserved. " 4.2 Uses Not Permitted Agenda Item No. 16E7 October 26,2004 Page 9 of 20 (a) Licensee shall not sell; rent; lease; sublicense; lend; assign; time-share; or act as a service bureau or Application Service Provider (ASP) that allows thirdparty access to the Software, Data, and Documentation except as provided herein; or transfer, in whole or in part, access to prior or present versions of the Software, Data, or Documentation, any updates, or Licensee's rights under this Agreement. (b) Licensee shall not redistribute the Software developer license authorization file(s). (c) Licensee shall not redistribute the Software, in whole or in part, including, but not limited to, extensions, components, or DLLs without the prior written approval of ESRI as set forth in an appropriate redistribution license agreement. (d) Licensee shall not reverse engineer, decompile, or disassemble the Software, Data, or Documentation, except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction in order to protect ESRI and its licensor(s) trade secrets and proprietary information contained in the Software, Data, or Documentation. (e) Licensee shall not make any attempt to circumvent the technological measure(s) (e.g., License Manager, etc.) that contro]s access to or use of the Software, Data, and Documentation, except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction. (t) Licensee shall not use the Software to transfer or exchange any material where such transfer or exchange is prohibited by copyright or any other law. (g) Licensee shall not remove or obscure any ESRI or its licensor(s) patent, copyright, trademark, or proprietary rights notices contained in or affixed to the Software, Data, or Documentation. (h) After a reasonable transition period for updating to the most current version of the Software, Licensee shall cease using all prior version(s) of the Software that Licensee has elected to update to the most current version(s) of the Software. When the transition to the most current version(s) of the Software is complete, the quantity of Software licenses in use by Licensee at any given time shall not exceed the total quantity licensed by ESRI in accordance with the licensed configuration on file with ESRI Customer Service or ESRI's authorized distributor. ARTICLE 5-MAINTENANCE Maintenance consists of Software, Data, or Documentation updates and access to technical support and other benefits specified in the most current applicable ESRI or its distributor's Support Services Policy. ARTlCLE6-TERM AND TERMINATION ,,- The license granted to Licensee by this Agreement shall commence upon the acceptance of this Agreement and shall continue until such time that (i) Licensee elects in writing to discontinue use of the Software, Data, or Documentation and terminates this Agreement or (ii) either party terminates this Agreement for a material breach that is not cured within ten (10) days of written notice to the other party, except that termination is immediate for a materia] breach of a nature that it is impossible to cure. Upon termination of this Agreement, Licensee shall uninstall, remove, and destroy all Software, Data, and Documentation, and any whole or partial copies, modifications, or merged portions in any form and execute and deliver evidence of such deinstallation and destruction to ESRI or its authorized distributor. ARTICLE 7-LIMITED WARRANTIES AND DISCLAIMERS 7,1 Limited Warranties-For a period of ninety (90) days from the later of the date ofkeycode issuance or date of delivery of the Software, Data, or Documentation to Licensee, ESRI represents and warrants that (i) the unmodified Software wiJI substantially conform to the published Documentation and (ii) the media upon which the Software, Data, and Documentation is provided will be free from defects in materials and workmanship under normal use and service. 7.2 Data Disclaimer-If included under this Agreement, the Data has been obtained from sources believed to be reliable, but its accuracy and comp]eteness are not guaranteed. The Data may contain some nonconformities, defects, errors, or omissions. ESRI AND ITS LlCENSOR(S) MAKE NO WARRANTY WITH RESPECT TO THE DATA. Without limiting the generality of the preceding sentence, ESRI and its licensor(s) do not walTant that the Data will meet Licensee's needs or expectations, the use of the Data wilJ be uninterrupted, or that all nonconformities can or wiJI be corrected. ESRI and its licensor(s) are not inviting reJiance on this Data, and Licensee should always verifY actual Data incJuding, but not limited to, map, spatia], raster, and tabular information. 7.3 General Disclaimer-EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, Agenda Item No. 16E7 October 26 2004 NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT W A~e¡;çf..1ìf 20 THE SOFTWARE, DATA, OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSÈE'S' OPERA TION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED, LICENSEE EXPRESSL Y ACKNOWLEDGES AND AGREES THA T BETA AND EVALUATION SOFTWARE IS DELIVERED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. LICENSEE ASSUMES ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE BETA AND EV ALUA TION SOFTWARE. 7.4 Exclusive Remed~Licensee's exclusive remedy and ESRI's entire liability for breach of the limited walTanties set forth in this Article 7 shall be Jimited, at ESRI's sole discretion, to (i) replacement of any defective media; (ii) repair, cOlTection, or a work-around for the Software subject to the ESRI Support Services Policy; or (iii) return of the license fees paid by Licensee for the Software, Data, or Documentation that does not meet ESRI's Limited Warranty, provided that Licensee uninstalls, removes, and destroys all copies of the Software, Data, or Documentation and executes and deJivers evidence of such deinstallation and destruction to ESRI or its authorized distributor, ARTICLE 8-LlMIT A TION OF LIABILITY 8,1 Disclaimer of Certain Types of LiabiIit~IN NO EVENT SHALL ESRI OR ITS LICENSOR(S) BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELA TED TO THIS AGREEMENT OR USE OF THE SOFTWARE, DATA, OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI OR ITS LICENSOR(S) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMIT A nONS SHALL APPL Y NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 8.2 General Limitation of Liability-IN NO EVENT WILL ESRI'S TOTAL CUMULATIVE LIABILITY HEREUNDER, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE AMOUNTS PAID TO ESRI BY LICENSEE FOR SOFTWARE, DATA, OR DOCUMENTATION PURSUANT TO THIS AGREEMENT. 8.3 Applicability of Disclaimers and Limitations-licensee agrees that the Jimitations of liability and disclaimers set forth in this Agreement will apply regardless of whether Licensee has accepted the Software, Data, or Documentation or any other product or service deJivered by ESRI. The parties agree that ESRI has set its prices and entered into this Agreement in reliance upon the disclaimers and Jimitations set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequentia] loss), and that the same form an essential basis of the bargain between the parties, ARTICLE 9-INFRINGEMENT INDEMNITY 9.1 ESRI shall defend, indemnifY, and ho]d harmless Licensee from and against any loss, Jiability, cost, or expense, including reasonable attorneys' fees, which may be incurred by Licensee against any claims, actions, or demands by a third party alleging that the Software, Data, or Documentation infringes a U.S. patent, copyright, or trademark provided (a) Licensee promptly notifies ESRI in writing of the claim thereof; (b) ESRI has sole control of the defense of any actions and negotiations related to the defense or settlement of any claim; and (c) Licensee cooperates fully in the defense of the claim. 9.2 IfESRI believes that the Software, Data, or Documentation is or will become the subject of an infringement claim, or in the event that use of the Software, Data, or Documentation is enjoined, ESRI, at its own expense, may either (i) obtain the right for Licensee to continue using the Software, Data, or Documentation or (ii) modifY the Software, Data, or Documentation to make it noninfringing while maintaining substantially similar software functionality or data/informational content. If neither of such alternatives is commercially practical, the infringing items shall be returned to ESRI and ESRI's Agenda Item No. 16E7 'b'I' h I] b f: d I· fì ·d b L· d ) OctQber 26, 2004 sole Ira I Ity s a e to re un Icense ees pal y Icensee prorate on a twenty percent (20% per year straight ~e 13 of 20 depreciation basis over a five (5) year period from the initial date of delivery, 9.3 ESRI shal1 have no obligation hereunder to defend Licensee or to pay any resulting costs, damages, or reasonable attorneys' fees for or with respect to any claims, actions, or demands alleging (i) infringement that arises by reason of combination of non infringing items, however acquired, with any item s not supplied by ESRI; (H) infringement to the extent arising from material alteration of the Software, Data, or Documentation by anyone other than ESRl, its agents, or its contractors; (iii) the direct or contributory infringement of any process patent by Licensee through the use of the Software, Data, or Documentation other than a process patent that is necessarily infringed by the internal processes executed within the Software or Data itself when the Software or Data is executed for its intended purpose; (iv) continued al1egedly infringing activity by Licensee after it has been notified of the possible infringement; or (v) continued al1egedly infringing activity by Licensee to the extent it arises from failure of Licensee to use the updated or modified Software, Data, or Documentation provided by ESRI for avoiding infringement. THE FOREGOING STATES THE ENTIRE OBLIGATION OF ESRI WITH RESPECT TO INFRINGEMENT OR ALLEGATION OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. ARTICLE IO-GENERAL PROVISIONS 10.1 Export Control Regulations-Licensee expressly acknowJedges and agrees that Licensee shal1 not export, reexport, or provide the Software, Data, or Documentation, in whole or in part, to (i) any country to which the United States has embargoed goods; (ii) any person on the U.S. Treasury Department's /ist of Specially Designated Nationals; (Hi) any person or entity on the U.S. Commerce Department's TabJe of Denial Orders; or (iv) any person or entity where such export, reexport, or provision violates any U,S, export control law or reguJation. Licensee shalJ not export the Software, Data, and/or Documentation or any underlying information or technology to any facility in violation of these or other applicabJe laws and regulations. Licensee represents and warrants that it is not a national, resident, located in or under the control of, or acting on behalf of any person, entity, or country subject to such U.S. export controls. 10.2 Taxes and Fees, Shipping Charges-License fees quoted to Licensee are exclusive of any and al1 taxes or fees including, but not limited to, sales tax, use tax, value -added tax (Y AT), customs, duties, or tariffs, and shipping and handling charges. 10.3 No Implied Waivers-The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of the provisions or of the right of such party thereafter to enforce that or any other provision. 10.4 Severability- The parties mutualJy agree that if any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make the intent of the language enforceable. 10.5 Successor and Assigns-Licensee shall not assign, sublicense, or transfer Licensee's rights or delegate its obligations under this Agreement without ESRI's prior written consent, and any attempt to do so without consent shal1 be void. This Agreement shal1 be binding upon the respective successors and assigns of the parties to this Agreement. Notwithstanding, a U.S. Government contractor may assign its rights under this Agreement to a U.S. Government Agency upon written notice to ESRJ if the U.S. Government Agency assents to the terms of this Agreement. 10.6 Survival of Terms--The provisions of Articles 6,7, 8,9, and 10 of this Agreement shal1 survive the expiration or termination ofthis Agreement for any reason. 10.7 Equitable Reliet:-Licensee agrees that any breach of this Agreement by Licensee may cause irreparable damage and that, in the event of such breach, in addition to any and al1 remedies at Jaw, ESRI shalJ have the right to seek an injunction, specific performance, or other equitable relief in any court of competent jurisdiction to prevent vioJation of these terms and without the requirement of posting a bond or undertaking or proving injury as a condition for relief. 10.8 Commercial Terms and Conditions-This Agreement contains ESRI's commercial terms and conditions. Licensee's rights in the Software, Data, and Documentation are strictJy limited to the uses granted by this Agreement pursuant to FAR 12.21 J, FAR 12.212, and DF ARS 227.7202. In the event any court, arbitrator, or board holds that the U.S. Government has greater rights to any portion of the Software, Data, or Documentation, such rights shall extend only to the portiones) affected and use, duplication, or disclosure by the U,S. Government is subject to restrictions as provided in FAR 52.227-19 June 1987 , FAR 52.227-14 ,AL T III} (June 1987), DFARS 252.227-7015 (NOY 1995), or NFS 1852.227-86 Agenda Item No. 16E7 October 26,2004 Page 14 of 20 (December 1987), as applicable. No other license terms or conditions shall apply unless expressly agreed in writing 5y ESRI and Licensee. ESRl Software is unpublished and all rights reserved under copyright laws of the United States. 10.9 Governing Law, Arbitration A. Licensees in the United States of America, Its Possessions, and Territories-This Agreement shall be governed by and construed in accordance with the laws of the State of California without reference to conflict of laws principles. Except as provided in Article 10.7 above, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, which cannot be settled through negotiation, shall be finalJy settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If Licensee is a U.S. Government agency, this Agreement is subject to the Contract Disputes Act of 1978, as amended (41 U.S.c. 601-613), in lieu of the Arbitration provisions of this clause. B. All Other Licensees-All disputes arising in connection with the present Agreement that cannot be settled through negotiation shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one (1) arbitrator appointed in accordance with said Rules. The language ofthe arbitration shall be in English. The place of the arbitration shall be at a mutually agreed location. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Either party shall, at the request of the other, make available documents or witnesses relevant to the major aspects of the dispute. This Agreement constitutes the sole and entire agreement of the parties as to the subject matter set forth herein and supersedes any previous agreements, understandings, and arrangements between the parties relating to such subject matter, and any terms on Licensee's purchase orders. Any modification(s) or amendment(s) to this Agreement must be in writing and signed by an authorized representative of each party. E204 05/04 Page 60f6 EXHIBIT) SCOPE OF USE (E300 5/04) Agenda Item No. 16E7 October 26,2004 Page 15 of 20 Environmental Systems Research Institute, Inc" 380 New Yol1< St., Redlands, CA 92373-8100 USA _ TEL 909-793-2853 _ FAX 9O~793-5953 The scope of use for each ESRI® Software identified below is described in the applicable footnotes listed in parentheses. ,- ArcGIS® Desktop - ArcReaderTM (] and ]9) - ArcView® (1,2, and 6) - ArcEditorTM (1,2, and 6) - Arc]nfo™ (2 and 6) - Extensions (I, 2, and 6) - Arclnfo Workstation Extensions (2 and 6) · ArcGIS Schematics SDK (1,4, ]2, and 16) · ArcGIS Business Analyst (I, 2, 15, and 21) · ArcGIS Engine ArcGIS Engine Developer Kit (I and 23) - ArcGIS Engine Runtime (1,4, 12, and 23) Arc GIS En~ine Options (Spatial Analyst, 3D Analyst M, Geodatabase (GDB) Update, StreetMapTM) (1,4, 12, and 23) . ArcGIS Server - ArcGIS Server Base License (1,3,5,7, and 24) - ArcGIS Server Options (Spatial Analyst, 3D Analyst, StreetMap) (1,3,5,7, and 24) . ArcSDE® - ArcSDE Server (I, 3, 5, 7, and] 8) - ArcSDE for Coverages (3, 5, 7, and 18) - ArcSDE Connections (2, 7, and] 8) . ArcIMS® - ArcIMS and Extensions (], 3, 5, 6, 7, 12, and 15) - ArclMS ArcMapTM Server (1,3,5,7, and ]2) - RouteMAp™ IMS (1,3, 5,7, and 12) ArcView GIS 3,x - ArcView and Extensions (1) - ArcView Business Analyst (1, ] 5, and 2]) ArcLogistics TM Route (I, 8, and] 5) PC ARClINFO® (]) Maplex (I) MOLeM (]) MOLE SDK (1,4, and] 2) BusinessMAp® (I and ]5) ArcPad® (1,9, and 10) ArcPad StreetMap (1,9, and 20) ArcPad Application Builder (I) MapObjects®-Windows Edition (1,4, ]], ]2, and ] 6) MapObjects-Java Edition (1,3,4,5, ]2, 16, and 17) MapObjects LT (], 4, ]2, and ]3) ArcExplorer™ (I and 19) NetEngine™ (1,5, and 12) NetEngine Internet (3, 5, and 13) Production Line Tool Set (PL TS); GIS Data ReViewer; Job Tracking for ArcGIS (]) Data Sets (] and ]5) ] . "Single use license" means a license must be dedicated for each computer or network access point that has use rights for the Software, Data, or Documentation, Licensee may make a second copy for Licensee's exclusive use on a portable computer so long as only one (I) copy of the Software, Data, and Documentation is in use at anyone time, 2. "Concurrent use license" means a license that permits execution of the Software on any computer on the network. The number of simultaneous/concurrent users may be controlled by a License Manager to access and use the Software, Data, or Documentation. 3. "Server license" means a license for the server-side Software that resides on a server computer and provides services to multiple users in a client/server distributed computing environment. 4. A" Stand-alone Redistribution license" grants the right to Licensee to redistribute a stand-alone application to end users, provided the application is installed on each computer on which the application is run (also known as a "Stand-alone Dep]oyment license"). The Stand-alone Redistribution license requires payment of redistribution or deployment fees, except for MapObjects LT. 5. A "Server Deployment license" grants the right to Licensee to redistribute an application via a network, the Internet, or Intranet to end users of the application (also known as an "Internet Redistribution license"). The Server Deployment license does not require payment of additional deployment or redistribution fees, except for MapObjects-Java Edition. 6. Extensions or Options to Software programs follow the same scope of use as that granted for the corresponding Software programs. For example, if you order an ArcInfo extension, then that extension is also licensed for concurrent use. ESRI, ArcGlS, ArcReader. ArcView, ArcEditor, ArcInfo. 3D Analyst, StreetMap, ArcSDE, ArcIMS, ArcMap, RouteMAP. ArcLogistics, PC ARC/INFO, MOLE. BusinessMAP, ArcPad, MapObjects, ArcExpIorer, and NetEngine are trademarks. registered trademarks. or service marks of ESRI in the United S tes the Euro ean Communi.. or wrtain u.her jurisdictions. Page I of 4 E300 5/04 .- Agenda Item No. 16E7 October 26, 2004 7. The ArcGIS Server, ArcIMS, ArcSDE and MapObjects-Java Edition (collectively Server Software) licenses a¡liage 16 of 20 licensed per Server/CPU and include the right to develop, test, and deploy applications to end users. Additional CPU licenses, Developer licenses, and Development and Testing Server Licenses are available for a fee. All Developer licenses are Single Use licenses. Licensee shall not use a Developer license or a Development and Testing Server license to deploy applications for production use by end users. Licensee may use the Server Software to test and deploy applications on the Internet provided the source and object code are not accessible to users of the application. Except for ArcGlS Server, the Server Software administration tools may be copied and redistributed throughout Licensee's organization. The ArcIMS license includes the right to deploy MapObjects-Windows Edition applications on the Internet or Intranet. Licensee shall not develop client/server solutions with the ArclMS Java Archive (JAR) files without a license for the MapObjects-Java Edition Developer Kit. 8. ESRI and its licensor(s) grant Licensee a nonexclusive, nontransferable, limited Ucense to use, copy, and prepare derivative works by (a) Translating "alroute.mld" (hereinafter "Dictionary") from the original text in the English language; (b) Editing Geographic Data Technology (GDT) Data included within ArcLogistics Route; and (c) Adding Data (owned by Licensee or others) to ArcLogistics Route Software. The license grant is conditioned as follows: (a) The derivative works are for Licensee's internal use only; (b) ESRI and its licensor(s) retain all exclusive right, title, and interest in and benefits from the derivative works, except Data owned by Licensee or others; and (c) Licensee expressly waives and reUnquishes any and all ownership including, but not limited to, copyright, moral rights, or any other statutory or common law claims to the derivative works, except for Data owned by Licensee or others. Licensee shall not translate, modify, or edit in any way the software name "ArcLogistics Route," software logo, any third party software, any text other than the Dictionary, or any Data other than GDT's. The amount of Data used by Licensee is limited by Data credits purchased. Additional license fees are required if ArcLogistics Route with Data is to be accessed by more than one (1) ArcLogistics Route license. 9. ArcPad SOFTWARE IS NOT LICENSED FOR NAVIGATIONAL USE. 10. This is a "Dual Use License," meaning the Software may be installed on a desktop computer and may be used simultaneously with either a Personal Digital Assistant (PDA) or handheld mobile computer provided that the Software is only used by a single individual at anyone (1) time. 11. Licensee shall not redistribute or disclose the MapObjects developer license file (* .Uc). Developers must attribute as follows: "Portions of this computer program are owned by LizardTech, Inc., and are Copyright © 1995 -2002 LizardTech, Inc., and/or the University of California. All rights reserved. U.S. Patent No. 5,710,835." 12. Redistribution rights for standard or Internet application(s) may be subject to payment of additional license fees. Other restrictions notwithstanding, Licensee may redistribute commercial applications to its sublicensee(s) provided Licensee uses a written subUcense agreement that protects ESRl's rights in its Software, Data, and Documentation to the same extent as the ESRI License Agreement, and that includes the following terms, as a minimum: (a) Sublicensee may not reverse engineer, decompile, or disassemble the ESRI Software, Data, or Documentation, except to the extent permitted by applicable law, copy for commercial use, transfer, or assign its rights under the license grant; and (b) Sublicensee may not use any ESRI Software, Data, or Documentation, in whole or in part, separate from Licensee's executable application. (c) Third party dependent or required components are redistributable subject to permission from the owner or author. 13. Subject to an annual renewal fee. 14. [Reserved] 15. For ESRI branded Data, unless there is a statement to the contrary in the metadata, Licensee may use, copy, reproduce, publish, publicly display, or redistribute map images derived from the Data in hard-copy or static, electronic formats (i.e., .gif, .jpeg, etc.), provided that Licensee affixes an attribution statement to the map images acknowledging ESRI or its licensors as the source of the portiones) of the Data displayed, printed, or plotted. For third-party branded Data, the right to use, reproduce, and redistribute shall be subject to the third-party Data vendor's data Ucense agreement. The Data shall not be used separately from ESRI Software. Page 2 of 4 E300 5/04 Agenda Item No. 16E7 October 26, 2004 Page 17 of 20 16. The Redistribution Stand-alone (or Deployment) license is per application per computer. For MapObjects-Windows Edition, Internet or Intranet Deployment requires an ArcIMS Internet Deployment License. Except for ArcIMS licenses, one (I) Internet Deployment license is required for each ArcIMS server/CPU that runs Web mapping applications built with MapObjects-Windows Edition. For MapObjects-Java Edition, Internet or Intranet Deployment requires a MapObjects-Java Internet Deployment License. An application upgrade is not a redeployment as long as it uses the same major revision of ArcGIS Schematics SDK, MapObjects- Windows Edition, or MapObjects-Java Edition. 17. The MapObjects-Java Edition contains Java Archive (JAR) files, which indicate they are authentic ESRI-certificated files when used over the Internet. Any Licensee certificate placed on the modified "re.jarred" files cannot reference ESRI as a source of trusted content. In addition to any other rights and restrictions in the Agreement, Licensee may use the MapObjects-Java Edition on a single computer to (a) Build applet(s) that are used only as an internal component in end user interfaces, and to copy the applet(s) to additional computers (e.g., Web Server) from which Licensee may deploy the applet(s) to end users via download in the Course of browsing or interacting with Licensee's Web pages. End user redistribution of the applet(s) is not allowed; and (b) Build stand-alone Java Applications. Licensee may deploy the Java class ESRI certificated libraries as an integral part of Licensee's appJication(s); and (c) Build servlets and/or Enterprise JavaBeans with MapObjects-Java components, requiring a MapObjects-Java Internet DepJoyment License for each CPU; and (d) Distribute MapObjects Java applets, provided (i) Licensee's Web pages or software application(s) is targeted at end users and not as a development tool; (ii) Licensee does not use ESRI's name, logos, or trademark to market Licensee's Web pages or application(s); and (iii) Licensee includes a valid Licensee copyright notice on Licensee's Web pages and software application(s). 18. ArcSDE is licensed on a Server/CPU basis and on a one-to-one basis with a relational database, meaning Licensee shall run ArcSDE on a Server on a one-to-one basis with a database Server. In most implementations ArcSDE and the database are installed on the same Server. Each ArcSDE Server license enables the customer to have multiple ArcSDE instances if they have multiple database instances on the corresponding da tabase Server. Licensee shall not install ArcSDE instances on more than one Server and shall not use the network to connect from the Server on which ArcSDE is installed to databases on more than one (I) Server. ArcSDE Single Use licenses are available only for use with ArcEditor Single Use Software licenses on a one-to-one basis. ArcSDE direct connections run on a client desktop computer are also Single Use Jicenses. ArcSDE for Coverages is licensed only in conjunction with concurrent use licenses of ArcView, ArcEditor, ArcInfo, ArcSDE Server, or ArcIMS Software. Licensee may use the ArcSDE for Coverages subject to this Agreement. ArcSDE for Coverages is not licensed separately, but may be distributed separately. 19. Licensee may reproduce and redistribute the ArcReader and/or ArcExplorer Software provided all of the following occur: (a) The ArcReader or ArcExplorer Software is reproduced and redistributed in its entirety whether as a stand-alone application or as an embedded GIS viewing tool on Licensee's own deliverable; (b) An Agreement accompanies each copy of the ArcReader or ArcExplorer Software that protects the ArcReader or ArcExplorer Software to the same extent as the ESRI License Agreement, and the recipient agrees to be bound by the terms and conditions of the Agreement; (c) All copyright and trademark attributions/notices are reproduced; and (d) There is no charge or fee attributable to the use of the ArcReader or ArcExplorer Software. 20. Data provided with ArcPad StreetMap may be used for mapping, geocoding, and routing purposes but may not be used for dynamic routing purposes. Dynamic routing or "real-time guidance" is predictive routing and is not included in the ArcPad StreetMap functionality. For instance, ArcPad StreetMap may not be used to alert a user about upcoming maneuvers (such as warning of an upcoming turn) or calculating an alternate route if a turn is missed. 21. Subject to the Permitted Uses described below, the Data provided with Business Analyst shall not be used separately from the Software. Use of the Data provided with Business Analyst shall be subject to Footnote 15 above and are hereby supplemented by adding the following terms and conditions: "Permitted Uses; Page 3 of 4 (a) In conjunction with the permitted uses described in Footnote 15, Licensee is granted permission to include resultant maps, reports, or other data output derived from Business Analyst only as part of Licensee's value- added products and/or services (e.g., Licensee's client reports, presentation packages, mll'keting studies, etc. to current or ros ective clients so Ion as the resultant ma s re orts or other data out ut derived E300 5/04 Agenda Item No. 16E7 October 26,2004 Page 18 of 20 from Business Analyst comprises less than twenty percent (20%) of the total content value of the Licensee's client reports, presentation packages, or marketing studies. Uses Not Pennitted: (a) Licensee shall not sell; rent; lease; sublicense; lend; assign; time-share; or act as a service bureau or Application Service Provider (ASP) of full, complete, stand-alone reports, maps, or data output created ti'om Business Analyst without tirst entering into an appropriate reseller-type agreement with ESRL (b) Unless Licensee has separately licensed a copy ofESRI BIS Coder, Community Coder, or ESRI BIS Data that pennits appending of the ACORN or Community segmentation codes, Licensee shall not use the Data provided with Business Analyst to assign or append ACORN or Community segmentation codes to addresses or geographical data not included in Business Analyst. (c) Licensee shall not use, copy, redistribute, display, rebroadcast, or otherwise retransmit the Software or Data provided with Business Analyst on the Internet without first entering into an appropriate Internet/Intranet Deployment-type agreement with ESRI. (d) Licensee shall not withhold any substantial right (e.g., extension of credit) trom any individual based solely on the ACORN or Community market segmentation systems type of said individual's place of residence. II 22. [Reserved] 23. The ArcGIS Engine Developer Kit grants the right to develop an unlimited number of applications on a single computer and to deliver the applications with or without the Engine Runtime Software to end users. The ArcGIS Engine Developer Kit licenses and Engine Runtime licenses may be licensed independent of the other. Licensee shall not redistribute the Engine Developer Kit authorization file. The Engine Runtime licenses shall not be used for development of Engine applications. Internet Deployment is not permitted. An end user must license either ArcGIS Engine Runtime Software or other ArcGIS Desktop Software (ArcView, ArcEditor, or ArcInfo) to obtain the right to run an unlimited number of ArcGIS Engine Developer Kit applications on one (1) computer. The ArcGIS Engine Runtime Options shall not be used in combination with ArcGIS Software to run ArcGIS Engine applications. Developers must attribute as follows: "Portions of this computer program are owned by LizardTech, Inc., and are Copyright © 1995-2002 LizardTech, Inc., and/or the University of California. All rights reserved. U.S. Patent No. 5,710,835." 24. ArcGIS Server requires ArcSDE and an ArcGIS Desktop License (ArcInfo, ArcEditor, or ArcView), licensed separately. The ArcGIS Server Base License includes the GIS Server and the Application Developer Framework (ADF). The ArcGIS Server options or extensions are the ArcGIS Server Spatial Option, ArcGIS Server 3D Option, and the ArcGIS Server StreetMap USA Option. An ArcGIS Server standard license includes the right to install and run the .NET or Java ADF on one (1) developer computer for the purposes of developing Web applications and services. Licensee may deploy ArcGIS Server applications on the Internet provided the source and object code are not accessible to users of the application, and that Licensee does not generate revenue directly by charging for access to the site or service by selling data, pay-per-view, or subscription fee, or similar means by utilization of the Software. General Notes: A. Use ofESRI Software, Data, or Documentation in a commercial Application Service Provider (ASP) business model is subject to execution of a written ASP license agreement and the payment of the appropriate additional license fees. For purposes of this Agreement, a commercial ASP means a Licensee who uses ESRI Software, Data, or Documentation for a site or service, operates the site or the service for a profit, and generates revenue by charging for access to the site or service (by selling data, pay-per-view, subscription fee, or similar means). B. ESRI does not permit a Licensee to make the ESRI Software, Data, or Documentation accessible to third parties for remote geoprocessing or on a global server for access by foreign affiliates or other third parties. E300 5104 Page 4 of 4 nm ,.- ESRI QUOTATION TERMS AND CONDITIONS Agenda Item No. 16E7 October 26, 2004 Page 19 of 20 ESRI. 360 New York St., Redlands. CA 92373-6100 USA. TEL 909-793-2653' FAX 909-793-5953 All quotations are valid for ninety (90) days unless otherwise stated on the quotation form. These prices and tenns are valid only for items purchased for use and delivery within the United States. This quotation infonnation is proprietary and may not be copied or released other than for the express pUrpose of the current system selection and purchase. This infonnation may not be given to outside parties or used for any other purpose without written consent from Environmental Systems Research Institute, Inc. (ESRI). To expedite your order, please reference the quotation number on your purchase order. ORDER PROCESS The order process is initiated when ESRI receives an original purchase order or some fonn of advance payment. Several additional documents (e.g., Software License Agreement, credit application, and Tax Exemption Certificate) will be required to complete the order process. Generally, the need for these documents varies by the type of software ordered, which is detennined upon receipt of the purchase order (or advance payment). If delivery must be expedited, please contact your marketing representative for assistance. IMPORTANT! Collectively, these documents contain the authorizations and infonnation necessary to ship proper versions of the software, on the correct media. Please return them promptly to avoid unnecessary delays in shipping. Please return all documents by mail or express courier, or as otherwise directed. Please show the following remittance address on your purchase order: ESRI, File No. 54630, Los Angeles, CA 90074-4630 ESRI SOFTWARE LICENSING AU ESRI® software offered in this quotation are commercial off-the-shelf software developed at private expense and subject to ESRI commercial license tenns. Most ESRI software programs are subject to the ESRI License Agreement included with the software programs and in the packaging. A copy is enclosed. If you license certain software programs, a Master License Agreement signed by both parties may be required. Some ESRI software is copy protected with a software keycode or hardware key, You wiJI be given instructions to access the keycode through the ESRI Web site or by other means. DELIVERY FOB Redlands, CA, USA Software: Allow thirty (30) days from ESRI's receipt of purchase order, signed Software License Agreement(s), and other documents, as required. Hardware: Manufacturer's tenns apply. Lead times depend on make/models purchased. Note: Standard delivery method is ground or two-day air for software and surface carrier for hardware. Actual delivery method may vary depending on weight. Other service is available for an additional fee (e.g., overnight delivery). PAYMENT TERMS Net thirty (30) days, on approved credit. Orders below $800 require prepayment by check or credit card unless your organization is a govemment agency, university, college, or Fortune 500 company. TAXES Prices quoted do not include applicable sales or use taxes unless so stated. In preparing your budget, please allow for applicable sales tax. ESRI reserves the right to collect sales tax assessed by states as required by law. ESRI wiJI add state sales tax to the invoice unless proof with the order is shown to ESRI that your organization is tax exempt or pays state tax directly. G- 272/KMM ESRI is a trademark, registered trademark, or service mark ofESRI in the United States, the European Community. or certain other jurisdictions Page I 2/19/02 J..,. "~4 1'¡ED u\ - L - ..I ~. I 4: 4Ci PM ESRI FA v ~..-.; "I. '\'J. ;~~~44~Q~~ P _I....I~.....I 'J'J~'...I " 1 Agenda Item No. 16E7 October 26,2004 Page 20 of 20 ·Oum ", ~' June 2, 2004 Collier County Board of County Comm.iBsioners Subject: ESRI Sole Source Jl.Istitlc.arion for Geographic Information System Software and Maintenance Dear Mr, Mi1\erþ This letter confirms that ESR.1. as owner and manufacturer. is the only source from which Clll ESRrPi software a.nd maintenance services can 'be ordered, ES1U is the sole domðstic source for tbe purchase of the following software licenses: ArclnfoTM, Ardnfo \Vol'kstation extensiom (ArcNetworktl<l, ArcCOGOT), and ArcScanTIot), ArcEditor'~, ¡-\leGIS Server'D'· ArcGIS Server extensìons (Spatìal Option, 3» Option and StreetMap Option), ArcSDEnI. ArcOIS Schematics, NetEngineT"', Maplex 3,x, Military Overlay Editor (MOLE''M). ESRl is the sole domestic provider of sofr.Nare maintenance for aU ESRI software (technical support plus ESRI software updates/upgrades). ESRI dist.rìbutes certain software licenses through valued added reseUers and distributors) excluding lhose listed above. ESRl is also the sole source of certain proprietary training courses. If you have furthel' quesÜons. please fed free to call our Contracts Department at 909-793-2853, extension 1550. ~p; ~-~ Robert Hotmann ESR! - West Patm Beach 303 Evemie. St. . suÜe 300 WPB. Ft. 33401 RLH J-8933lKMM 6/24/02 ¡¡SRI :ISO N.... York 51., ~;I~nd', CA 02373.8100, uSA· TEL Q()g·79~2ð5S' FAX 9Og...793·fj~53 ' ¡:¡·MAII. IntorþSSr\,com . WI;:8 w""'.e~:1.t:Om Agenda Item No. 16F1 October 26, 2004 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to Approve Submission Of A Grant Application For And Resolution In Support Of A Florida Department Of Environmental Protection Grant To Contribute To The Renourishment Of Marco Island South Beach OBJECTIVE: To obtain approval to submit a grant application for and resolution in support of a Florida Department of Environmental Protection (FOEP) grant to contribute to the renourishment of Marco Island south beach. CONSIDERATIONS: Taylor Engineering recommended renourishing the southern 4,400 feet of Marco Island with an initial cost estimate of $1.5M, A permit application was submitted on behalf of the City of Marco Island. Approximately $1 M is anticipated from the Federal Emergency Management Agency for Tropical Storm Gabrielle (September 2001) recovery and $0.2M could potentially be reimbursed from FOEP through the Beach Management Funding Assistance Program. ,- On October 14, 2003, agenda item 16,C.17, the Board approved the submission of a grant application to FDEP for the cost-sharing of this project. The resulting FOEP prioritized listing of projects around the state indicated that funding for this project is very likely. Based on the revised estimate of $1.65M, including three years of post-construction monitoring, approximately $0.2M may be provided by FOEP. An additional $IM is anticipated from the Federal Emergency Management Agency (FEMA) for Tropical Storm Gabrielle (September 2001) recovery, . The Coastal Advisory Committee recommended submission of this updated Beach Management Funding Assistance grant application and approval of the resolution supporting the grant application at their meeting on October 14,2004. FISCAL IMPACT: With both FEMA and FOEP funding assistance, the net cost for this project is expected to be less than $500,000. GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve submission of an updated grant application for and resolution in support of Florida Department of Environmental Protection funding participation in the project to renourish Marco Island south beach, PREPARED BY: Ron Hovell, P.E., Special Projects Manager "..-.., ".-- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda ftem No. 16F1 October 26.2004 Page 2 of 13 Item Number Item Summary 16F1 Recommendation to Approve Submission of a Grant Application for and Resolution in Support of a Florida Department of Environmental Protection Grant to Contribute to the Renourishment of Marco Island South Seach. Meeting Date 10/26/2004 g:OO:OO AM Prepared By Ron Hovel! Special Projects Manager Public Utilities Public Utilities Engineering Approved By Jack Wert Tourism Director County Manager's Office Toursim Approved By Marlene J. Foord Grants Coordinator Administrative Services Administrative Services Admin. Approved By Pat Lehnhard Administrative Assistant County Manager's Office Office of Manøgemltnt & Budgltt Approved By Mark Isackson Budget Anelyst County Manager's Office Office of Managltment & BUdget Approved By ,- Michael Smykowski Management & Budget Director County Manager's Office Office of Management & Budget Approved By James V. Mudd County Manager Board of County Comm issioners County Manager's Office Date 10/14/200410:24:09 AM Date 10/14/200410:38 AM Date 10/14/200411:37 AM Dilte 10/15/20048:43 AM Date 10/18/200410:26 AM Date 10/18/20043:41 PM Date 10/18/20045:02 PM ~~ -~------ Department of Environmental Prot'eeÜ -6 PM 3:~' Agenda Item No. 16F1 October 26, 2004 Page 3 of 13 I Jeb Bush Governor Marjory Stoneman Douglas BUi~lr\ JUl 3900 Commonwealth Boulevard Tallahassee. Florida 32399-3000 Colleen M, Castille Secretary July 1,2004 Mr. Ronald Hovell, Project Manager ill ( oUier County Government Center 3301 T2.miami Trail E, Building H Naples, Florida 34112 Dear Mr, Hovell' SUBJECT: Beach Management Fundmg Assistance Program The Bureau of Beaches and Coastal Systetnf is beginning to update the Florida Beach Management Program Long-Range Budget Plan (LRBP) and develop the FY2005-06 prioritiz,ed list oi'beach erosion control projects, The culmination of this process is the preparation and submittal Qfthe Department's Fixed Capital Outlay, Local Government Funding Request (LGFR) that contains funding priorities for FY2.005-06. Hard copies of the FY2004-05 LGFR and the FY2004-05 LRBP are available upon request. These and maps of critically eroded shoreline areas are accessible on our web page at VoiWW ,dep . state. fl, us/beach. hI accordance with program rule, 62B-36, F,A.C., eligible locál governments will submit detailed project d~')criptions and cost estunates for each project for which funds are being requested. The project descriptions shall contain sufficient infonnation to apply the project ranking criteria. (including maps depicting the project boundary, public beach access and parking, and existing land uses) and detailed cost estimates to support the funding request. A resolution from the governing body indÌL~ating support of the proposed project and ability to provide the necessary local match must accompany the funding request. It IS also requested that attention be provided to the second and third fiscal years beyond flY 2005-06 to allow the Department and local governments to more accurately plan for future requ~sts. hi order to meet our schedule for submission of the FY2005-06 Fixed Capital Outlay, Local Government Funding Requ~st, all submittals must be received in this office by September 6, 2004. To assist in yûur preparation, enclosed is a sample submittal which contains the level of detail needed to fully e.,raluate a proposed project for funding consideration. Also enclosed is a checklist of the application subnussion requirements. We encourage the use of the checklist to insure that your submittal package is complete, If you have any questions please contact Becky Roland, project manager for your area, at 850/487 -1262, extension 170 'w_!': ~. ~.. . , Sincerely, --'"1. \, ' ::>;Lçw t··· .' -r, pa~ ~WOOdruff" ~ . ':' Environmental Administrator Bureau of Beaches and Coastal Systems ',,'" '. , .. . ,t ~ ~ .. Enclosures "More Protection, Less Process" Printed on recycled paþer, ,-.. .._.._---~.._'._._-~.-,- -. ......--... -_.._-, ....-... "~""-"---~-''', ._....- .._......."',.,"~_....#.... _... Agenda Item No. 16F1 October 26, 2004 Page 4 of 13 .._..._"'--_._~~--_...... ~'. Mosquito Island Beach Nourishment Project Project Description: The project consists of the restoration and maintenance of 3.4 miles of Gulf shoreline located on Mosquito Island. Initial restoration of the project area was begun in 1989 with the construction of the northern 2.8 miles. The remainder of the project area was completed in 1991 with subsequent maintenance nourishment occurring in 1998. The next nourishment is scheduled for FY2006-07 and will encompass the entire 3,4 mile project area. The project is part of the federal Mosquito County Shore Protection Project. . The bOITOW source for the project is located approximately eight miles ftom the project site. Although the site contains sufficient material for the next two nourishment cycles, a reconnaissance level geotechnical study has identified a potential site located within two miles of the project area. The U.S. Anny Corps of Engineers has expressed an interest in the development and use of this potential bOITOW site for future nourishment events. Doing so would not only reduce project costs by enabling the use of a hydraulic dredge, but could also realize savings through the scheduling of construction activities with nearby projects which utilize similar dredging equipment. ,- Location: Mosquito County, R34 - R52. Project Evaluation: Severity of Erosion: Approximately 9,865 feet of shoreline within the project area has been·developed with habitable structures located seaward of the 25 year erosion projection. Throughout this area approximately 2,150 feet is armored with shore protection structures. An additional 1,120 feet of shoreline that directly fronts a hurricane evacuation route has a revetment to protect the roadway{see attached map depicting shore protection structures). A feasibility study conducted in 1987 estimated an average beach erosion rate of 1.7 feet/year throughout the project area. Benefits: Public beach access within the project area consists of three primary parks and eleven street ends that total approximately 6,335 feet of shoreline. An additional 2,150 feet of shoreline is zoned commercial and used for tourist related pwposes. The attached map identifies public beach access points with associated parking spaces, and hòtels, restaurants and other commercial facilities within the project area. Also attached are the corresponding Department of Business and Professional Regulation operating license certificates for qualifying properties. Threatened and endangered marine turtles utilize the entire project area for nesting purposes, however, it is not located within a designated marine turtle refuge. ...- Agenda Item No. 16F1 October 26, 2004 Page 5 of 13 ...'~-~... ...", .... '. ._.,._~,~.... ~"-'~'~"'-'_._"'-- _, ,._.""._.~. _ .....·,_u ,~.. ._- _.---- .~. ..... '. . .-'"..- Federal Funding: The project is federally authorized to the year 2039, with a federal cost share approved at 51.4%. The U.S, Army Corps of Engineers has indicated that funding to develop plans and specifications for the upcoming nourishment will be included in their FY2006 congressional funding request. Attached is a copy of the Project Cooperation Agreement between Mosquito County and the U.S. Army Corps of Engineers. Local Commitment: Mosquito County has a coastal engineer on staff who will serve as the project manager. The County has also retained the services of a professional coastal engineering firm to assist in design, permitting, and other project related activities. Local funding for the project will be obtained from a combination of special property assessments and the Mosquito County Tourist Development Council. Although a dedicated local funding source has not been established, funds necessary to construct and maintain the project are included in the County's capital improvement plan. State Commitment: The Department previously funded the initial restoration in 1989 and subsequent maintenance nourishment in 1998. The project is recommended in the Strategic Beach Management Plan and located in an area that has been designated as critically eroded by the Department. It has been previously determined that 82.3% of the project area is eligible for state funding. Proiect Performance: The project feasibility study completed in 1987 estimated a nourishment cycle of seven years. Thus far the project performance has exceeded the anticipated maintenance interval. Based on project monitoring, the actual nourishment interval has been extended to eight years. Use of Innovative Technology: The project was initially constructed using conventional beach fill activities, and it is anticipated that subsequent maintenance nourishment will utilize similar technology. The results of a structural alternative analysis, intended to enhance project perfonnance in hotspot locations, may yield potential innovative applications of conventional technologies. Use of Program Funds: Funds requested for FY2005-06 will be used to support design and permitting. The County is responsible for all permitting activities related to the upcoming maintenance nourishment. The COE will conduct the design elements including the preparation of plans and specifications. Funds are also requested to conduct geotechnical investigations, and conduct a structural alternative analysis to address erosional hotspots within the project area. Mosquito County will seek credit towards theononfederal costs of the upcoming nourishment for state and local expenditures associated with pennitting, geotechnical studies, and hotspot evaluation for which funds are being requested in FY2005-06. ·...-.. .."....,.. .,. .,._..-.._-".,..~.- ..... ~.."'..,~--. Agenda Item No. 16F1 October 26, 2004 Page 6 of 13 -~_...._-~.__.,~.........-.._"-._..._~----,~.~.__.....--,- ......._---_.~.. ". LONG RANGE BUDGET PLAN Mosquito Island Beach Nourishment Project FY2005-06 Estimated Project Costs Proiect Task Total Federal State Local Permitting/design $674,000 $460,000 $88,061 $125,939 Geotech Study 255,000 ° 104,933 150,067 Hotspot Evaluation 135,000 0 55,553 79,447 FY 2006-07 Estimated Project Costs Proiect Task Total Federal State Local Maintenance Nourishment $5,985,000 $3,076,290 $1,196,934 $1,711,776 FY 2007-08 Estimated Project Costs Proiect Task Total Federal State Local ,,,,,_. Mitigation Requirements $247,500 $127,463 $49,395 $70,642 Physical Monitoring 25,000 12,850 5,000 7,150 Biological Monitoring 68,000 34,952 13,599 19,449 FY 2008-09 Proiect Task Physical Monitoring Biological Monitoring Total $25,000 68,000 FY 2009-10 . Proiect Task: Physical Monitoring Biological Monitoring Total $25,000 68,000 FY 2010-11 Proiect Task Dune Restoration Total $83,000 <'- Estimated Project Costs Federal State $12,850 $5,000 34,952 13,599 Local $7,150 19,449 Estimated Project Costs Federal State $12,850 $5,000 34,952 . 13,599 Local $7,150 19,449 Estimated Project Costs Federal State $0 $34,155 Local $48,845 .h'~'__'u" ._~'. -.....,.....,~_......,. ..--..-- .. -..........-.--.............-- FY 2011-12 Estimated proj ect Costs Total Federal State $0 $0 $0 Proiect Task FY 2012-13 Estimated Project Costs Federal State $437,000 $83,658 Proiect Task Pennittingldesign Total $640,300 FY 2013-14 Estimated Project Costs Proiect Task Total Federal State Maintenance Nourishment $6,583,500 $3,383,919 $1,316,628 FY 2014-15 Estimated Proj ect Costs Federal State $13,493 $5,250 36,700 14,279 Proiect Task Physical Monitoring Biological Monitoring Total $26,250 71 ,400 Agenda Item No. 16F1 October 26,2004 Page 7 of 13 .----....----..--- Local $0 Local $119,642 Local $1,882,953 Local $7,507 20,421 PROJECT DESCRIPTION AND COST ESTIMATES ARE HYPOTHETICAL AND INTENDED FOR USE ONLY AS AN EXAMPLE. NOTE: '..'.-,.-..--...... ..._'~-_..,... .....,.._. ., "...,-.,.."..-.-.. ~...,., -..-.-- Agenda Item No. 16F1 October 26, 2004 Page 8 of 13 _.....~. .,~-_._...__..~ ...._"...~~"_....~,,--...,. FY:200S-06 Legislative Budget Request Checklist _ Project Description Project Map(s) depicting: _ Project Boundary _ Public Beach Access and Parking _ Public Lodging Establishments - Land Use: Commercial and Recreation/Open Space _ Public Lodging Establishment Certification Current Resolution stating: ~ Support of proposed project _ Willingness to serve as local sponsor _ Ability to provide local cost share .- _ Project Schedule _ Annual Project Cost Estimates' Supporting Ranking Data describing: Erosion rates _ Threat to upland properties Recreation and economic benefits Federal authorization documentation _ Local fun<4ng source(s) _ Administrative staff capabilities _ Prior Department funding _ Project enhancements Nourishment interval _ Sediment bypassing quantities - Innovative application of existing technologies _ Use of new technology _ Designated sea turtle refuge _ Regional coordination ..---...."'",....,.-..-, Agenda Item No. 16F1 October 26,2004 Page 9 of 13 South Marco Island Beach Renourishment PROJECT DESCRIPTION / LOCA nON Proiect Description: The project consists of the restoration, using approximately 150,000 cubic yards of hydraulic fill, and maintenance, using upland sand, of 4,500 feet of Gulf of Mexico shoreline along the City of Marco Island. The project area was hydraulically renourished in 1997. The same borrow area from 1997, in Caxambas Pass, is being planned for use and the project is scheduled to start construction in November 2004. The design objectives of the Collier County Board of County Commissioners and the Marco Island City Council include a project life of six to eight years, Proiect Location: The South Marco Island Beach Renourishment Project is located on the southwest Florida coastline in Collier County between Florida Department of Environmental Protection monuments R-144 and beyond R-148 to the terminal groin. PROJECT EVALUATION Severity of Erosion: The southern portion of the City of Marco Island has an average beach erosion rate of well over 5 feet per year and only the seawall and terminal groin limit the total amount of erosion. Threat to Upland Structures: Based on a review of the elevations of developed properties adjacent to the project limits (since there would not seem to be an erosion projection readily available), it would appear that the projected erosion limit would include all structures within the project boundaries. Recreational and Economic Benefits: 630 linear feet (14%) of the Marco Island South Beach property is zoned commercial or recreational. This includes two hotels / resort condos and a public access point with parking across the street. Availability of Federal Funds: Federal and state funds are anticipated from FEMA and DCA for Tropical Storm Gabrielle recovery, The total project is being planned for 150,000 cubic yards of hydraulic fill. FEMA estimated the storm damage at nearly 50,000 cubic yards and therefore the FEMA and DCA funding will be based on the lesser quantity. Local Sponsor Financial and Administrative Commitment: Collier County has dedicated the majority ofthe Tourist Taxes to beach maintenance, including funding projects within the City of Marco Island. Collier County has dedicated staff and has submitted quarterly reports and billings as required for both the FDEP Beach Erosion Control Program and FEMA Public Assistance, Previous State Commitment: This project will nourish a previously restored shoreline. Agenda Item No. 16F1 October 26,2004 Page 10 of 13 Proiect Performance: The projected life of this project is 10 years. Mitigation ofInlet Effects: Periodic dredging and bypassing has taken place at Caxambas Pass. The total volume of sand bypassed to the adjacent beach from Caxambas Pass since 1990 is estimated at 620,000 cubic yards. Innovative Technologies: No innovative technologies are proposed for this project. Enhance Nesting Sea Turtle Refuges: Though Collier County has no federally designated sea turtle refuges, loggerhead sea turtles nest throughout the county and this project will enhance those opportunities. Regionalization: Collier County and the City of Marco Island are jointly sponsoring this project. Significance: This project wi1l re-nourish up to one mile of beach, Ability to execute: Contracts are expected to be awarded in the summer of2004 with "permit clauses" requiring the contractor to start in early November 2004 or early November 2005 should environmental permits not become available for beginning construction in 2004. PROJECT MAPS A project map indicating the project boundaries (yellow), public lands (green) and public lodging (blue) are attached. PUBLIC LODGING ESTABLISHMENT CERTIFICATION The Collier County occupational licenses and the Florida Department of Businesses and Professional Regulation licenses for the following hotels are attached: Eagles Nest Beach Resort Marco Beach Ocean Resort Club Regency of Marco Island The Surf Club Hilton Marco Island Radisson RESOLUTIONS OF SUPPORT, SPONSORSHIP AND FUNDING The Collier County Board of County Commissioners and the Marco Island City Council are anticipated to adopt resolutions in October 2004 and will be forwarded separately. Agenda Item No. 16F1 October 26, 2004 Page11of13 PROJECT SCHEDULE A Joint Coastal Permit Application was submitted and the first Request for Additional Information has been received from FDEP. The project construction is scheduled for November 2005 to April 2006, ANNUAL PROJECT COST ESTIMATES The planning and design phase is expected to cost $300,000 ($100,000 in FY 2003/2004; $200,000 in FY 2004/2005) and the construction phase is expected to cost approximately $1.2M (FY 2005/2006). It is anticipated that a permit condition will require monitoring for at least three years and the costs are estimated at $150,000 ($50,000 in each FY 2005/06, FY 2006/07 and FY 2007/08), 'RESOLUTION NO. 2004-_____ Agenda Item No. 16F1 October 26, 2004 Page 12 of 13 RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUESTING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO INCLUDE THE FUNDING FOR THE SOUTH MARCO ISLAND BEACH RENOURISHMENT PROJECT IN THE FISCAL YEAR 2005/06 LEGISLATIVE BUDGET REQUEST WHEREAS, the Board of County Commissioners of Collier County has submitted an application to the Bureau of Beaches and Wetland Resources, Florida Department of Environmental Protection pursuant to the July 1, 2004 call for local sUbmissions; and WHEREAS, the city of Marco Island has submitted a Tourist Development Council Category "A" funding request for the renourishment of Marco Island south beach; and WHEREAS, the city of Marco Island has requested the Board of County Commissioners of Collier County to provide project management services for the renourishment of Marco Island south beach; and WHEREAS, the timely maintenance and restoration of these high quality and readily accessible public recreational beaches is critical to preserve their value and viability, and to provide a boost to both the environment and the economy of Collier County tourism, including hotels, restaurants and related commercial activities; and WHEREAS, the role of the state government in maintaining and restoring beaches is appropriate and crucial, in that it recognizes the benefits accrued to the state government from the storm protection afforded by better beaches; and .- - I - .~-.,----.,-~., Agenda Item No. 16F1 October 26, 2004 Page 13 of 13 WHEREAS, the Board of County Commissioners of Collier County collects Tourist Taxes and designates over 50% of these taxes for beach maintenance; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Collier County, Florida supports the South Marco Island Beach Renourishment Project and requests that the Florida Department of Environmental Protection include the funding request for the South Marco Island Beach Renourishment Project in the department's fiscal year 2005/06 Fixed Capital Outlay, Legislative Budget Request; and BE IT FURTHER RESOLVED, the Board of County Commissioners of Collier County is willing to act as the local sponsor for the South Marco Island Beact Renourishment Project and has the ability to provide the local cost share for this project. This Resolution adopted this day of October, 2004 after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, Chairman Approved as to form and legal sufficiency: Heidi Ashton Assistant County Attorney - 2 - Agenda Item No. 16F2 October 26, 2004 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve a Lease Agreement with East Naples Fire Control and Rescue District for shared use of future Fire Station 22 at a total cost to the County of $469,530. OBJECTIVE: That the Board of County Commissioners (Board) approve and authorize execution of the attached Lease Agreement (Lease) with East Naples Fire Control and Rescue District (District) for shared use of Station 22, to be constructed at 4401 Bayshore Drive, Naples, Florida. CONSIDERATIONS: In order to reduce costs associated with purchasing land and constructing Emergency Medical Services (EMS) and fire safety facilities, the EMS Department has made it a practice of requesting to share space at new fire stations when feasible. EMS has reached an agreement with the District to share space at the District's new Station #22. """'''- The District will own the property and the building with the County as a tenant leasing approximately 37% of the facility, or 3,579 square feet, excluding hallways and the shared areas listed below, The initial Lease term will be for five years with five additional five-year renewal periods. There will not be an annual rent charge, but EMS will contribute $469,530 or 37% toward the estimated construction cost of $1 ,269,000. EMS will have exclusive use of one apparatus bay and the remaining facility (use of bunk rooms, recreation rooms, kitchen, and restrooms, etc.) as needed. EMS will also be responsible for 37% of the cost of all utilities, lawn maintenance, and facility maintenance. Likewise, EMS will receive 37% of any income derived from leasing any portion of the facility, say for example, a communications tower. The Lease has been reviewed by EMS, the County Attorney's Office, and Risk Management Department. FISCAL IMP ACT: The County's portion of Station 22 in the amount of $469,530.00 will be withdrawn from Emergency Medical Services Impact Fees Fund (350). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board approve and authorize Chairman Fiala to execute the attached Lease Agreement. - ~-~_._. .--.."---.. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Item No, 16F2 October 26, 2004 Page 2 of 7 Item Number Item Summary 16F2 Recommendation to approve a Lease Agreement with East Naples Fire Control and Rescue District for shared use of future Fire Station 22 at a total cost to the County of $469,530. 10/26120049:00:00 AM Meeting Date Prepared By Date Michael H. Dowling Property Management Specialist 1011120041:58:59 PM Administrative Services Facilities Management Approved By Charles E, Carrington, Jr., SR/WA Real Estate Services Manager Date Administrative Services Facilities Management 10/1/20043:59 PM Approved By Jeff Page EMS Director Date Bureau of Emergency Services EMS 1015120043:27 PM Approved By Darcy Waldron Senior Administrative Assistant Date County Manager's Office Emergency Management 101512004 3:33 PM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 10/121200411:54 AM Approved By Skip Camp. C.F.M, FacillUn Management Director Date Administrative Services Faciilties Management 10/18/20041:56 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 1011912004 9:49 AM Approved By Susan Usher Senior Management/Budget Anolyst Dote County Manager's Office Office of Management & Budget 10/19/2004 11 :46 AM Approved By Michael Smykowskí Management & Budget Director Date County Manager's Office Office of Management & Budget 10/19/20043:10 PM Approved By James V. Mudd County Manager Date Board of County Commissíoners County Manager's Office 10/19120046:12 PM ·-__-·"e-~ Lease # Agenda ltem No. 6F2 October 26, 004 Page 3 of 7 LEASE AGREEMENT . da f 2004 between East Naples TIllS LEASE AGREEMENT entered into this -- . yo, , , . f Fl 'da ' . ., ' nt S ecial District of the County of Collier, State 0 on· , Fire Control and Rescue DIstrIct, an ~pcr:de, of Þlorida and its successors, whose mailing address is 4798 created under Chapter 65-1413 and 79 '. ws, 'as "LESSOR," and COLLŒR COUNTY, a Davis Boulevard, Naples, Florida 3411.2' hereinafter ,~~felT~~s is 3301 East Tamiami Trail, Naples, Flmida political subdivision of the St~,te of Flon.?a, whose mat mg II 341l2, hereinafter refen'ed as LESSEE. WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR one (1) apparatus bay, hereinafter referred to as "EMS Department Area," and the access and use of the entire facility shall be shared by LESSEE and LESSOR, hereinafter referred to as "Shared Area", at Station #22 which is located at 440J Bayshore Drive, Naples, Florida, hereinafter referred to as the "Demised Premises". LESSEE and LESSOR agree that LESSEE'S shared use of Station #22 shall be thirty-seven percent (37%). This figure shall be used for calculating all of LESSEE'S future conttibutíons throughout the life of the Lease concerning maintenance, repair and replacement costs as well as the figure used in order to received a share of any income that may be generated by Station 22, including, but not limited to, communications towers. ARTICLE 2. Term of Lease LESSEE shall have and hoJd the Demised Premises for a term of five (5) years, hereinafter referred to as [he "Initial Term," commencing on the date in which LESSEE'S improvements to the Demised Premises are completed. hereinafter referred to as "Commencement Date," LESSEE shall advise LESSOR, in writing, of the Commencement Date. Provided LESSEE is not in default of any of the terms contained in this Agreement, this Agreement shall be automatically renewed for five (5) additional and separate five (5) year terms, upon the terms and conditions set forth in this Agreement, so long as neither lESSOR nor LESSEE shall give notice to the other of such party's ejection not to renew this Lease prior to the expiration of the then-existing Lease term. During any Renewal TeL'm, the LESSEE or LESSOR may terminate this Agreement, with or without cause, upon sixty (60) days prior written notice of such termination to the other party at the address set forth in ARTICLE 13 of this Agreement. Said notice period shall be effective upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid, This Lease shall terminate upon transfer of ownership of the Demised Premises from LESSOR to another person or entity. ARTICLE 3. Rent and Initial Contribution In lieu of rental payments for the Demised Premises. LESSEE shall provide emergency medical services when such need arises 1'01' the soJe purpose of protecting the lives of citizens and visitors of Collier County. At the time of the execution of this Agreement, LESSOR and LESSEE acknowledge that the LESSEE shall contribute to the overall cost of the construction of the Station. With lESSEE'S thirty-seven percent (37%) use of the Station. LESSEE has agreed to provide LESSOR with 37% of the overall 'estimated' cost of the total One Million Two Hundred Sixty-nine Thousand Dollars ($1,269,000.00) for the Station's construction, in the amount of Four Hundred Sixty-nine Thousand Five Hundred Thirty Dollars ($469.530.00), hereinafter referred 10 as "Contributed Costs." ARTICLE 4. Rcnewal Term Rent The rent set forth in ARTICLE 3 shall remain the same throughout the term of this Lease. ,. ,. Agenda Item No. 6F2 October 26, 004 Page 4 of 7 LESSEE shall utilize the existing utilities presently utilized by LESSOR such as, but not limited to, septic or sewer, water, including potable water, electricity, telephone, j,anitorial service,. bui~ding insu~ance gardening and outdoor maintenance, hereinafter refelTed to as "Expense~". LESS?R shall inVOIce LESSE~ on a monthly basis for a pro rated fee of approximately 37% of the utility ~ervlce~ charges at the I?emlsed Premises, including electricity, water, sewer, trash removal, lawn care and bUIlding Insurance. AJI parties. shall meet annually to mutually agree on a set monthly payment for the upcoming year to cover the aforementIOned invoices. ARTICLE 5. Utilities and Incidental Expenses ARTICLE 6. LESSEE'S Compensation for Improvements LESSEE acknowledges that the LESSOR may sell the Property during the Initial Term or during the Renewal Terms of this Agreement. In the event the LESSOR accepts any contract for the sale of the Property, the LESSOR shall notify LESSEE of the saJe by providing the LESSEE with written notice at least ninety (90) days prior to the actu¡¡] closing date of the Property. or earlier, if possible. The notification shall include the closing date of the Pl'Opelty a]ong with a ninety (90) day notice to vacate. Said notice shall be effective upon placement of the notice in 1.111 official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. If the LESSEE is required to vacate the Demised Premises during the initial five (5) year term, including constructive eviction, the LESSEE and LESSOR agree that LESSOR shall reimburse lESSEE one hundred (] 00) percent of the actual costs incurred by LESSEE to complete the Improvements if LESSOR sells the Property during LESSEE'S first yesI' of occupancy of the Demised Premises. Following the first year of occupancy, the value of the Improvements will depreciate by twenty (20) percent of the actual costs of the Improvements for each yeeL\' during the Initial Term in which the LESSEE occupies the Demised Premises. The b¡¡lance of the actual costs shall be reimbursed to the LESSEE as described below by LESSOR within thirty (30) days from the date in which the LESSEE is required to vacate the Demised Premises. At such time, said Improvements shall become the property of the LESSOR. (based on the above-referenced Estimated Cost of the Improvements being $469.530.(0) ,,- First Year: From the Commencement Date 2004 to the anniversary date 2005, amount reimbursed to LESSEE shall be 100% of the actual cost (Estimated Cost is $469,530.00) Second Year: From anniversary date 2005 to anniversary date 2006, amount reimbursed to LESSEE shall be 80% of the actual cost (Estimated Cost is $375,624.00) Third Year: From anniversary date 2006 to anniversary date 2007, amount reimbursed to LESSEE shall be 60% of the actual cost (Estimated Cost is $281,718.00) Fourth Year: From anniversary date 2007 to anniversary date 2008, amount reimbursed to LESSEE shall be 40% of the actual cost (Estimated Cost is $187,812.00) Fifth Year: From anniversary date 2008 to anniversary date 2009, amount reimbursed to LESSEB shall be 20% of the actual cost (Estimated Cost is $93,906.00) No compensation sha] be required for the improvements by LESSOR, or due to LESSEE. for the Renewal Term following the Initial Term of this Agreement. ARTICLE 7. Default LESSEE shall, in no event, be charged with default in the pelformance 01' any of its obligations hereunder unless and until LESSEE shall have failed to perform .~uch obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after notice to LESSEE by LESSOR properly specifying wherein LESSEE has failed to perform any such obligations. Failure of LESSEE to comply with any provision 01' covenant of this Lease shall constitute a default, LESSOR may, at its option, terminate this Lease after sixty (60) days written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to cOlTCCt such default). LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder Unless and until LESSOR shall have failed to pelform such obligations within thirty (30) days (or such 2 · additì~nal time as is reasonably required to COlTect such default) after notice to LESSOR by lES~~cb¡xtO t6in No, , .h bl' . ctober 26 specifying wherein LESSOR has falled to perform any suc 0 Igatlons. Page' F' 'I . f LESSOR to comply with nny provision or covenant of this Lease shan constitute a ddault. LESSEEa~~; ~t its option, terminate this Lease after si~ty (60) days written notice to I.:-ESSOR, unl~ss the default be cured within the notice peTiod (or such addItional time as IS reasonably requIred to correct such default), 6F2 004 of7 ARTICLE 8. Modifications to Demised Premises Prior to making any changes, alterations. additions or improvements to the Demised Premis,e~, LESSEE will provide to LESSOR all proposals and plans for al~er~tio~s, imp~vements. changes or additions to, the Demised Premises for LESSOR'S written approval, speclfYlOg In wntmg the nature and exte~t o~ the desIred alteration. improvement. change. or addition. along with the contemplated starling and cornpletJo~ tlm~ ~or such project. LESSOR or its designee will then have thirty (30) days within which to approve or deny tn w.ntmg s~ld request for changes, improvements. alterations or additions. LESSOR shal~ ,not unreasonably wIthhold Its consent to required or appropriate alterations, improvements, changes or addItions proposed by LESSEE. If after thirty (30) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as an approval to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance. repair work, erection. construction. improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises. to observe and comply with all then and future applicable laws. ordinances, rules, regulation. and requirements of the United States of America, Slate of Florida. County of Collier, and any and all governmental agencies, LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 9, Access to Demised Premises LESSOR and LESSEE, their authorized agents. representatives and employees shall have equal access to the Demised Premises or any part thereof, unless expressly limited by this Lease. ARTICLE 10. AssÍlmrnent and Subletting LESSEE covenants and agrees not to assign this Agreement or to sublet the whole or any part of the Demised Premises, or to pennit any other persons to occupy same without the written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the tenns, conditions and covenants of this Agreement. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Agreement or to be a consent to the assignment of this Agreement or subletling of the Demised Premises. ARTICLE II, Indemnitv LESSOR shall indemnify and save harmless the LESSEE from and against any and all claims, actions and suits. and from and against any and all losses, damages. costs. charges, reasonable attorneys' fees, payments. expenses and liabilities which LESSEE may sustain or incur due to the negligent act or omission of LESSOR, LESSEE shall indemnify and save harmless the LESSOR from and against any and all claims, actions and suits, and from and against any and all losses, damages, costs. charges, reasonable attorneys' fees, payments, expenses and liabilitics which LESSOR may sustain or incur due to the negligent act or omission of LESSEE, ARTICLE 12.\nsuranee LESSEE shall take out and maintain during the course of this Agreement, or any renewal thereof, comprehensive general liability coverage including bodily injury and property damage. premises and operations coverage, products and completed operations coverage. bToad fonn property damage coveragc. automobi1e liability coverage including owned automobiles. non-owned automobiles and hired automobiles and contractual liability coverage in an wnount of not less than one million and 00/100 dollars ($1,000,000.00) combined single limits, These insurance poJicy(îes) shall reflect LESSOR as an additional insured, If LESSEE falls under the State of Florida Worker's Compensation Law, coverage shall be provided for all employees. The coverage shall be for stallnory limits in compliance with thc applicable State and Federal 3 'laws '~he Policy must include Employer's Liability with a limit of one hundred thousand and <6g00.0 IIfIem No. 6F2 . . ctober 26, 004 ($Joo,ooo,OO) each accIdent Page 6 of 7 ARTICLE 13, Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the foHowing addresses: LESSEE: Board of County Commissioners clo Real Property Mgmt. Dept. 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LESSOR: Board of Fire Commissioners East Naples Fire Control and Rescue District 4798 Davis Boulevard Naples, Florida 341 ] 2 cc: Fire Chief cc: Office of the County Attorney Emergency Services Department Chief ARTICLE 14. Sun'cnder of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises and any improvements made to the Demised Premises upon expiration of this Agreement, or its earlier tcnnination as herein provided, broom clean und in as good condition and repair as the same shaH be at the commencement of the telm of this Agreement or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear excepted. ARTICLE 15. General Provisions .,- LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in CoJlier County, and LESSEE acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. LESSOR grants LESSEE approval for placement of signage, to be approved by LESSOR. at entry points of the East Naples Fire Station No, 22. The cost of such signage shall not be taken into account in determining LESSEE'S costs pursuant to ARTICLE 6 of this Lease. Should LESSOR elect to terminate this Agreement. with cause, LESSOR shall compensate LESSEE for those actual costs associated with the Improvements made to the Demised Premises based on the calculation formulated in Article 6 of this Agreement. Should LESSEE eject to terminate this Agreement. with cause, æ..sSOR shall compensate LESSEE based on the calculation fonnufated in Articfe 6 of this Agreement for those actual costs associated with the Improvements made to the Demised Premises. ARTICLE 16. Radon Gus In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring ntdioactive gas that, when it has aecumulnted in a building in sufficient quantities, may present health risks to persons who arc exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional ¡nfonnation regarding rudon and radon testing may be obtained from your county public health unit. ARTICLE 17 Effective Date ,- This Agreement shall become effective upon execution by both LESSOR and LESSEE. 4 4 , ARTICLE 18. Governing Law Agenda Item No. 6F2 October 26, 004 This Agreement shall be governed and construed in accordance with the laws of the State of Florida. Page 7 of 7 IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: EAST NAPLES FIRE CONTROL AND RESCUE DISTR[Cf , Secretary .BY: \~ r___·_·_··_·· TOM CANNON. Chairniån ...~---~"._-- . . ~. .. - WITNESS (signature) " I ,,' '/ " print name WITNESS (signature) print name AS TO THE LESSEE: DATED: BOARD OF COUNTY COMMISSIONERS. COWER COUNTY. FLORIDA A TrEST: DWIGIIT E, BROCK. Clerk . Deputy Clerk BY: DONNA FIALA, Chainnan BY: Approved as to form and legal sufJ1cicncy: ~1' ~.~ ~~.---- r homas C. Pal er ' Assistant County Attorney ~ 5 Agenda Item No. 16F3 October 26,2004 . Page 1 of 13 EXECUTIVE SUMMARY Recommendation to Approve Submission Of An Updated Grant Application For And Resolution In Support Of A Florida Department Of Environmental Protection Grant To Contribute To The Renourishment Of Vanderbilt, Pelican Bay, Park Shore And Naples Beaches OBJECTIVE: To obtain approval to submit an updated grant application for and resolution in support of a Florida Department of Environmental Protection (FDEP) Beach Management Funding Assistance Program grant to contribute to the renourishment of Vanderbilt, Pelican Bay, Park Shore and Naples beaches. CONSIDERATIONS: A July 1, 2004 letter from FDEP called for the annual submission of grant applications including updates to previously submitted projects. The major renourishment project is now planned for construction during the winter of 2005/6 and the cost estimate has been revised to include anticipated environmental monitoring requirements as well as the construction of an artificial reef for environmental mitigation, The revised total cost estimate, including five years of post-construction monitoring, is $19.1M (a separate request for a budget increase will be forthcoming). ......-- On October 14, 2003, agenda item 16,C.14, the Board approved the submission of a grant application to FDEP for the cost-sharing of this project. The resulting FDEP prioritized listing of projects around the state indicated that funding for this project is very likely. Based on the revised estimate, approximately $5M may be provided by FDEP. An additional $2M is anticipated from the Federal Emergency Management Agency (FEMA) for Tropical Storm Gabrielle (September 2001) recovery. The Coastal Advisory Committee recommended submission of this Beach Management Funding Assistance grant application and approval of the resolution supporting the grant application at their meeting on October 14, 2004. FISCAL IMPACT: Without funding participation from FDEP, the project will have to be significantly scaled back. FDEP will cost share up to 50% of the non-federal share of the total project cost. The local cost share will be more than 50%, as not all beaches meet the state standards for public access, and will consist of the estimated $14M Tourist Tax available in the fiscal year 2004/2005 budget. GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve submission of an updated grant application for and resolution in support of Florida Department of Environmental Protection funding participation in the project to renourish Vanderbilt, Pelican Bay, Park Shore and Naples beaches. PREPARED BY: Ron Hovell, P.E" Special Projects Manager COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Item No. 16F3 October 26. 2004 Page 2 of 13 Item Number Item Summary 16F3 Recommendation 10 Approve Submission of an Updated Grant Application for and Resolulion in Support of a Florida Departmenl of Environmental Proteclion Grant 10 Contribute to Ihe Renourishment of Vanderbilt, Pelican Bay, Park Shore and Naples Beaches. 10/26/20049:0000 AM Meeting Date Prepared By Ron Hovel! Special Projects Manager Public Utilities Public Utilities Engineering Approved By Jack Wert Tourism Director County Manager's Office Tourslm Approved By Marlene J, Foord Grants Coordinator Administrative Services Administrative Services Admin. Approved By Pat leh nhard Administrative Assistant County Manager's Office Office of Managemenl & Budget Approved By Mark Isackson Budget Analyst County Manager's Office Office of Management & Budget Approved By - Michael Smykowski Management & Budget Director County Manager's Office Office of Management & Budgel Approved By James V. Mudd County Manager Board of County Commissìoners County Manager's Office Date 10/14/200410:08:41 AM Qate 10/14/200410:36 AM Date 10/14/200411:35 AM Date 10/15/20048:41 AM Date 10118/20042:19 ÞM Date 10/18/20043:48 PM Date 10/18/20046:42 PM ---------~~ ~------ Department of Environmental Prot'eedofh PM 3: 4\ Agenda Item No. 16F3 October 26,2004 Page 3 of 13 Jeb Bush Governor tftl. JUt -6 Marjory Stoneman Douglas Buih!nk 3900 Commonwealth Boulevard Tallahassee. Florida 32399-3000 Colleen M. Castille Secretary July 1, 2004 Mr. Ronald Hovell, Project Manager ill CoUier County Government Center 3.,01 T~.miami Trail E, Building H Naples, Florida 34112 Dea! Mr. Hovell' SUBJECT: Beach Management Fundmg Assistance Program The Bureau of Beaches and Coastal Systetm' is beginning to update the Florida Beach Management Program Long-Range Budget Plan (LRBP) and develop the FY2005-06 prioritized list oïbeach erosion control projects. The culmination of this process is the preparation and submittal of the Department's Fixed Capital Outlay, Local Government Funding Request (LGFR) that contains funding priorities for FY2005-06. Hard copies of the FY2004-05 LGFR and the FY2004-05 LRBP are available upon request. These and maps of critically eroded shoreline areas are accessible on our web page at .www.dep.state.fl.uslbeach. hI hccordance with program rule, 62B-36, F.A.C., eligible local governmentswi11 submit detailed µroject d,~!)criptions and cost estnnates for each project for which funds are being requested. The project d-escriptions shall contain sufficient information to apply the project ranking criteria (including maps depicting the project boundary, public beach access and parking, and existing land uses) and detailed cost estimates to support the funding request. A resolution from the governing body indÙ~ating support of the proposed project and ability to provide the necessary local match must accompany the funding request. It is also requested that attention be provided to the second and third fiscal years beyond FY 2005-06 to allow the Department and local governments to more accurately plan for future requests. bl order to meet our schedule for submissio:1 of the FY2005-06 Fixed Capital Outlay, Local Government Funding Request, all submittals must be received in this office by September 6, 2004. To assist in YDur preparation, enclosed is a sample submittal which contains the level of detail needed to fully e....aluate a proposed project for funding consideration. Also enclosed is a checkli~t of the application submlssion requirements. We encourage the use of the checklist to insure that your submittal package is complete. If you have any questions please contact Becky Roland, project manager for your area, at 850/487-1262, extension 170 .... . '.. .. Sincerely, ~. \. . ~ÇW'···I.. ~.. pa~ ~ woodruff,· ~ . .: Environmental Administrator Bureau of Beaches and Coastal SY8tems '.~": ~' ..' . , . .. . ·1..\'" ., " Enclosures "More Protection, Less Process" Printed on recycJed paper. ~... '---"'-"-'--~"-' ~. .._._- --'-" . -~_... ......._~_."'.....,... "-"~"._'''''~--''-' -, - ....-.-. Agenda Item No. 16F3 October 26, 2004 Page 4 of 13 .',....- .._~_.._--~..--..._-,.. ~'. Mosquito Island Beach Nourishment Project Project Description: The project consists of the restoration and maintenance of 3,4 miles of Gulf shoreline 'located on Mosquito Island. Initial restoration of the project area was begun in 1989 with the construction of the northern 2.8 miles. The remainder of the project area was completed in 1991 with subsequent maintenance nourishment occurring in 1998. The next nourishment is scheduled for FY2006-07 and will encompass the entire 3.4 mile project area. The project is part of the federal Mosquito County Shore Protection Proj ect. The borrow source for the project is located approximately eight miles from the project site. Although the site contains sufficient material for the next two nourishment cycles, a reconnaissance level geotechnical study has identified a potential site located within two miles of the project area. The U.S. Army Corps of Engineers has expressed an interest in the development and use of this potential borrow site for future nourishment events, Doing so would not only reduce project costs by enabling the use of a hydraulic dredge, but could also realize savings through the scheduling of construction activities with nearby projects which utilize similar dredging equipment. Location: Mosquito County, R34 - R52. Project Evaluation: Severity of Erosion: Approximately 9,865 feet of shoreline within the project area has been developed with habitable structures located seaward of the 25 year erosion projection. Throughout this area approximately 2,150 feet is armored with shore protection structures. An additional 1 ,120 feet of shoreline that directly fronts a hurricane evacuation route has a revetment to protect the roadway(see attached map depicting shore protection structures). A feasibility study conducted in 1987 estimated an average beach erosion rate of 1.7 feet/year throughout the proj ect area. Benefits: Public beach access within the project area consists of three primary parks and eleven street ends that total approximately 6,335 feet of shoreline. An additional 2,150 feet of shoreline is zoned commercial and used for tourist related purposes. The attached map identifies public beach access points with associated parking spaces, and hotels, restaurants and other commercial facilities within the project area. Also attached are the corresponding Department of Business and Professional Regulation operating license certificates for qualifying properties. Threatened and endangered marine turtles utilize the entire project area for nesting purposes, however, it is not located within a designated marine turtle refuge. ,.- ---""--....-... ~----_..., Agenda Item No. 16F3 October 26. 2004 Page 5 of 13 w"__'_" ,~... _. -. _"._'_'__ .......~-.,._-~_._- -.- ~ -..-..._.~~......~.,... c~."_._..__· Federal Funding: The project is federally authorized to the year 2039, with a federal cost share approved at 51.4%. The U.S. Anny Corps of Engineers has indicated that funding to develop plans and.specifications for the upcoming nourishment will be included in their FY2006 congressional funding request. Attached is a copy of the Project Cooperation Agreement between Mosquito County and the U.S. Anny Corps of Engineers. Local Commitment: Mosquito County has a coastal engineer on staff who will serve as the project manager. The County has also retained the services of a professional coastal engineering firm to assist in design, pennitting, and other project related activities. Local funding for the project will be obtained from a combination of special property assessments and the Mosquito County Tourist Development Council. Although a dedicated local funding source has not been established, funds necessary to construct and maintain the project are included in the County's capital improvement plan. State Commitment: The Department previously funded the initial restoration in 1989 and subsequent maintenance nourishment in 1998. The project is recommended in the Strategic Beach Management Plan and located in an area that has been designated as critically eroded by the Department. It has been previously determined that 82.3% of the project area is eligible for state funding. Proiect Perfonnance: The project feasibility study completed in 1987 estimated a nourishment cycle of seven years. Thus far the project perfonnance has exceeded the anticipated maintenance interval. Based on project monitoring, the actual nourishment interval has been extended to eight years. Use of Innovative Technology: The project was initially constructed using conventional beach fill activities, and it is anticipated that subsequent maintenance _nourishment will utilize similar technology. The results of a structural alternative analysis, intended to enhance project perfonnance in hotspot locations, may yield potential innovative applications of conventional technologies. Use of Program Funds: Funds requested for FY2005-06 will be used to support design and permitting. The County is responsible for all pennitting activities related to the upcoming maintenance nourishment. The COE will conduct the design elements including the preparation of plans and specifications. Funds are also requested to conduct geotechnical investigations, and conduct a structural alternative analysis to address erosional hotspots within the project area. Mosquito County will seek credit towards the-nonfederal costs of the upcoming nourishment for state and local expenditures associated with pennitting, geotechnical studies, and hotspot evaluation for which funds are being requested in FY2005-06, ···___·_··õ . -..'-.'...- ,-",,-- Agenda Item No. 16F3 October 26.2004 Page 6 of 13 .'''-''- '.'" ..-_...__.._.-.--,.,..,....~_. ..._.._..,._-_._.,....~.~"_......._._..~-_.~--_.__......_,-_......._~ .- LONG RANGE BUDGET PLAN Mosquito Island Beach Nourishment Project FY2005-06 Proiect Task Permitting/design Geotech Study Hotspot Evaluation FY 2006-07 Total $674,000 255,000 135,000 Estimated Project Costs Federal State $460,000 $88,061 ° 104,933 o $5,553 Estimated Project Costs Protect Task Total Federal State Maintenance Nourishment $5,985,000 $3,076,290 $1,196,934 FY 2007-08 Proiect Task Mitigation Requirements Physical Monitoring Biological Monitoring FY 2008-09 Proiect Task Physical Monitoring Biological Monitoring FY 2009-10 Proiect Task Physical Monitoring Biological Monitoring FY 2010-11 Proiect Task Dune Restoration ,"- Total $247,500 25,000 68,000 Total $25,000 68,000 Estimated Project Costs Federal State $127,463 $49,395 12,850 5,000 .34,952 13,599 Estimated Project Costs Federal State $12,850 $5,000 34,952 13,599 Total $25,000 68,000 Estimated Project Costs Federal State $12,850 $5,000 34,952 . 13,599 Total $83,000 Estimated Project Costs Federal State $0 $34,155 Local $125,939 150,067 79,447 Local $1,711,776 Local $70,642 7,150 19,449 Local $7,150 19,449 Local $7,150 19,449 Local $48,845 '""---,--", - ......._,-" ,'--" -_.....,~,,-......., ....... - ..... .. _·..h.·.__··_...·...-· - ._----. FY 2011-12 Estimated Project Costs Total Federal State $0 $0 $0 Proiect Task FY 2012-13 Estimated Project Costs Federal State $437,000 $83,658 Proiect Task Permitting/design Total $640,300 FY 2013-14 Estimated Project Costs Proiect Task Total Federal State Maintenance Nourishment $6,583,500 $3,383,919 $1,316,628 FY 2014-15 Estimated Proj ect Costs Federal State $13,493 $5,250 36,700 14,279 Project Task Physical Monitoring Biological Monitoring Total $26,250 71 ,400 Agenda Item No. 16F3 October 26, 2004 Page 7 of 13 .-..---~._-_._'--- Local $0 Local $119,642 Local $1,882,953 Local $7,507 20,421 PROJECT DESCRIPTION AND COST ESTIMATES ARE HYPOTHETICAL AND INTENDED FOR USE ONLY AS AN EXAMPLE. NOTE: ..--.-.. .". ..~....-- .,..~----~~ ~.~_.. ~".'-.._,-..,.- -.,. ... .m._' ~__...... Agenda Item No, 16F3 October 26, 2004 Page 8 of 13 .....----... .."~... . .-""'-'.-. '.~_...._^. FY200S-06 Legislative Budget Request Checklist _ Project Description Project Map(s) depicting: _ Project Boundary _ Public Beach Access and Parking _ Public Lodging Establishments _ Land Use: Commercial and Recreation/Open Space _ Public Lodging E'stablishment Certification CUlTent Resolution stating: ~ Support of proposed project _ Willingness to serve as local sponsor _ Ability to provide local cost share _ Project Schedule _ Annual Project Cost Estimates Supporting Ranking Data describing: Erosion rates _ Threat to upland properties Recreation and economic benefits Federal authorization documentation _ Local fund!ng source(s) _ Administrative staff capabiliti'es _ Prior Department funding _ Project enhancements Nourishment interval _ Sediment bypassing quantities _ Innovative application of existing technologies _ Use of new technology _ Designated sea turtle refuge _ Regional coordination ,,-'" .O~'___"'''''_'_·' .._'---~,.. Agenda Item No. 16F3 October 26, 2004 Page 9 of 13 Collier County Beach Renourishment PROJECT DESCRIPTION / LOCA nON Proiect Description: The project consists of the restoration, using approximately seven hundred thousand cubic yards of hydraulic fill, and maintenance, using upland sand, of up to nine miles of Gulf of Mexico shoreline along unincorporated Collier County and the City of Naples. Much of the project area was hydraulically renourished in 1995/1996. Approximately 240,000 cubic yards of upland sand was placed for maintenance and another 160,000 cubic yards of sand was bypassed since that last major renourishment project. The project is scheduled to start construction in November 2004 and is being designed to meet the objectives of the Collier County Board of County Commissioners and the Naples City Council. These goals include avoidance of environmental impacts such as hardbottom coverage and a design project life of six to eight years. Two borrow areas were originally identified; one is approximately five miles west of Naples and the other is just over 33 miles north-northwest of Vanderbilt Beach, Though the near borrow area has sand similar to the existing beach, concerns with other characteristics have led to its elimination from consideration. The other borrow area has generally coarser sand and it will be used to avoid the nearshore hardbottom. Proiect Location: The North Collier County Beach Renourishment Project is located on the southwest Florida coastline in Collier County between Florida Department of Environmental Protection monuments R-l and R-79. PROJECT EV ALUA TION Severity of Erosion: The beaches of Collier County and the City of Naples that are within the project limits have an average erosion rate of3 feet per year. Threat to Upland Structures: Based on a review of the elevations of developed properties adjacent to the project limits (since there would not seem to be an erosion projection readily available), it would appear that the projected erosion limit would include all structures within the project boundaries, Recreational and Economic Benefits: 3,865 linear feet (37%) of the Vanderbilt Beach property is commercial or recreational. This includes four hotels (shown in blue on the map), Delnor- Wiggins State Park and Collier County's Vanderbilt Beach Road Park (both shown in green on the map). 1,600 linear feet (26%) of the Pelican Bay property is recreational as it is owned by the County (shown in green on the map). 1,225 linear feet (9%) ofthe Park Shore property is zoned commercial or recreational. This includes Collier County's Clam Pass Park and two public access streets (City of Naples). 4,616 linear feet (15%) of the Naples Beach property is zoned commercial or recreational. This includes the City of Naples' Lowdermilk Park, two Agenda Item No. 16F3 October 26, 2004 Page 10 of 13 hotels and numerous public access streets and walkways. The total is just over 11,000 linear feet (I 8%) of commercial or recreational property, Availability of Federal Funds: Federal and state funds are anticipated from FEMA and DCA for Tropical Storm Gabrielle recovery, The total project is being planned for over one million cubic yards of hydraulic fill. FEMA estimated the storm damage at nearly 200,000 cubic yards and therefore the FEMA and DCA funding will be based on the lesser quantity. Local Sponsor Financial and Administrative Commitment: Collier County has dedicated the majority of the Tourist Taxes to beach maintenance, including funding projects within the City of Naples. Collier County has dedicated staff and has submitted quarterly reports and billings as required. Previous State Commitment: This project will nourish a previously restored shoreline. In 1996, just over one million cubic yards of hydraulic fill was placed on Vanderbilt, Park Shore and Naples beaches. The proposed design includes extending the fill areas to provide for better performance. Proiect Performance: The projected life ofthis project is eight years. The last major renourishment, in 1996, had a projected life of six to eight years. With the extensions in the proposed design, it is anticipated that the life of the project will be extended to at least eight years, ,.,- Mitigation of Inlet Effects: Periodic dredging and bypassing has taken place at Wiggins Pass, Clam Pass, Doctors Pass and Gordon Pass in recent decades, The total volume of sand bypassed to adjacent beaches from the four inlets since completion of the 1996 project is estimated at 272,800 cubic yards, Innovative Technologies: No innovative technologies are proposed for this project. Enhance Nesting Sea Turtle Refuges: Though Collier County has no federally designated sea turtle refuges, loggerhead sea turtles nest throughout the county and this project will enhance those opportunities. Regionalization: Collier County and the City of Naples are jointly sponsoring this project. Significance: This project will re-nourish up to thirteen miles of beach. Ability to execute: Contracts are expected to be awarded in the summer of2004 with "permit clauses" requiring the contractor to start in early November 2004 or early November 2005 should environmental permits not become available for beginning construction in 2004. Agenda Item No. 16F3 October 26, 2004 Page 11 of 13 PROJECT MAPS Project maps indicating the project boundaries (yellow), public lands (green) and public lodging (blue) are attached for Vanderbilt and Pelican Bay beaches, Park Shore beach, and Naples beach, PUBLIC LODGING ESTABLISHMENT CERTIFICATION The Collier County occupational licenses and the Florida Department of Businesses and Professional Regulation licenses for the following hotels are attached: Naples Beach & Golf Hotel Edgewater Beach Hotel Ritz-Carlton Vanderbilt Inn LaPlaya Beach Resort Vanderbilt Beach Resort RESOLUTIONS OF SUPPORT, SPONSORSHIP AND FUNDING The Collier County Board of County Commissioners and the Naples City Council are anticipated to adopt resolutions in October 2004 and will be forwarded separately, PROJECT SCHEDULE Planning and design began in January 2002 and the Joint Coastal Permit Application was submitted in October 2003. The project construction is scheduled for November 2005 to April 2006. ANNUAL PROJECT COST ESTIMATES The planning and design phase is expected to cost $1.6M ($200,000 in FY 2002/3; $900,000 in FY 2003/4; $500,000 in FY 2004/5) and the construction phase, including construction monitoring, is expected to cost approximately $16M (FY 2005/6). It is anticipated that permit conditions will require monitoring and the costs are estimated at $1,815,000 ($425,000 in FY 2006/7, $429,000 in FY 2007/8, $433,000 in FY 2008/9, $87,000 in FY 2009/10, and $441,000 in FY 2010/11). Agenda Item No. 16F3 October 26, 2004 Page 12 of 13 RESOLUTION NO, 2004-_____ RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUESTING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO INCLUDE THE FUNDING FOR THE COLLIER COUNTY BEACH RENOORISHMENT PROJECT IN THE FISCAL YEAR 2005/06 LEGISLATIVE BUDGET REQUEST WHEREAS, the Board of County Commissioners of Collier County has submitted an application to the Bureau of Beaches and Wetland Resources, Florida Department of Environmental Protection pursuant to the July 1, 2004 call for local sUbmissions; and WHEREAS, the timely maintenance and restoration of these high quality and readily accessible public recreational beaches is critical to preserve their value and viability, and to provide a boost to both the environment and the economy of Collier County tourism, including hotels, restaurants and related commercial activities; and WHEREAS, the role of the state government in maintaining and restoring beaches is appropriate and crucial, in that it recognizes the benefits accrued to the state government from the storm protection afforded by better beaches; and WHEREAS, the Board of County Commissioners of Collier County collects Tourist Taxes and designates over 50% of these taxes for beach maintenance; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Collier County, Florida supports the North Collier County Beach Renourishment Project and requests that the Florida Department of - Environmental Protection include the funding request for the - I - -----,-,.,..,.. Agenda Item No. 16F3 October 26, 2004 Page 13 of 13 North Collier County Beach Renourishment Project in the department's fiscal year 2005/06 Fixed Capital Outlay, Legislative Budget Request; and BE IT FURTHER RESOLVED, the Board of County Commissioners of Collier County is willing to act as the local sponsor for the North Collier County Beach Renourishment Project and has the ability to provide the local cost share for this projec~. This Resolution adopted this day of October, 2004 after motion, second and majority vote favoring same. ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, Chairman Approved as to form and legal sufficiency: Heidi Ashton Assistant County Attorney - 2 - Agenda Item No. 16F4 October 26, 2004 Page 1 of 2 ,.-",." EXECUTIVE SUMMARY Recommendation to Approve a Budget Amendment to Fund Bond Remission Payments OBJECTIVE: To provide budget appropriations to fund bond remissions to bail bondsmen for bond forfeitures that occurred prior to July 1, 2004 (the implementation date of Revision 7 to Article V of the Florida State Constitution). CONSIDERA TIONS: When an individual is arrested, they are required to post a bond in order to be released from custody. The Clerk of the Circuit Court holds this bond until the fmal disposition of the case, If the defendant does not appear at the scheduled court event, the judge would issue an order forfeiting the bond and the bond money would be released to the Board of County Commissioners (General Fund), In accordance with Florida Statutes, if a bail bondsman delivers the defendant to the court within a two-year period following the forfeiture they are entitled to receive up to ] 00 percent of the forfeiture, In that event, the judge would issue a remission order, refunding up to 100 percent of the forfeiture back to the bail bondsman. In prior fiscal cycles, the remissions paid to bail bondsmen would be netted against bond forfeiture revenue received. The revenue for these forfeitures accrued to the General Fund in prior fiscal years, Due to the Article V changes, the bond forfeiture revenue now accrues to the Clerk of the Circuit Court as general court-related operating revenue. The Clerk now pays the bond remissions for ,- forfeitures occurring after July 1, 2004. Collier County is only responsible for those remissions related to forfeitures that occurred prior to July], 2004. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. FISCAL IMPACT: Currently, there are requests for bond remission payments of approximately $35,000. The total estimated payments in FY 05 for bond remissions are $100,000. Funds are available in General Fund reserves for these expenditures. RECOMMENDATION: That the Board of County Commissioners: Approve a budget amendment from General Fund reserves in the amount of $1 00,000 to fund bond remission payments in FY 05. Prepared by: Michael Smykowski, OMB Director James L. Mitchell, Director of Finance and Accounting - ,"- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Item No. 16F4 October 26. 2004 Page 2 of 2 Item Number Item Summary Meeting Date 16F4 Recommendation to Approve a Budge1 Amendment to Fund Bond Remission Payments 10/26/20049:00:00 AM Approved By Michael Smykowski Management & Budget Director Dete County Manager's Office Office of Management & Budget 10/20/200410:18 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/20/2004 11 :36 AM ,- PROCLAMATION Agenda Item No. 16H1 October 26, 2004 Page 1 of2 WHEREAS, Epilepsy, also known as Seizure Disorder, has afflicted mankind since the dawn of our species and has been recognized since the earliest medical writing; and, WHEREAS, as long ago as 400 B. C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a curse from the gods that people afflicted with this disorder held prophetic powers. Hippocrates believed that Epilepsy was a brain disorder; and, WHEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena. It is a sign that certain brain cells (neurons) are discharging an excessive amount of electrical impulses; and, Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain tumor, infection and brain hemorrhage. In sixty percent of the cases, the cause is unknown; and, Epilepsy can affect anyone, at any age and at any time; and, more than two million Americans are afflicted with some type of Epilepsy. Of this number, 150,000 are Florida residents; and, with the administration of anticonvulsant drugs, two thirds (66.66 %) of those afflicted with Epilepsy are drug controlled; and, lack of education about this disorder has contributed to age old myths, superstition and prejudices; and, the stigma associated with this disorder is sometimes worse than the disorder itself; and, people who have Epilepsy make reliable and conscientious workers in job performance, productivity, safety, cooperation and attendance; and, studies carried out in the UNITED STA TES over the past thirty years have indicated that of all disabilities, Epilepsy poses the greatest barrier to employment with unemployment rates estimated to fall between twenty and twenty- five percent; and, Epilepsy should not be a barrier to success. In addition to the normal requirements for success, a person who has Epilepsy needs a supportive environment and employers who are willing to give them an opportunity to become productive citizens. - WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, - WHEREAS, NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the Month of November be designated as DONE AND ORDERED THIS 26th Day of October, 2004 NA TIONAL EPILEPSY A WARENESS MONTH ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN ,- DWIGHT E. BROCK, CLERK COLLIER COUNTY Agenda Item No. 16H1 October 26, 2004 Page 2 of 2 BOARD OF COUNTY COMMISSIONERS Item Number Item Summary Meeting Date 16H1 Proclamation to designate November Epilepsy Awareness Month. 10/26/20049:00:00 AM Prepared By Kathleen Martinson Board of County Commissioners Date Administrative Aide to BCC 1016120049:08:27 AM BCC Office Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office Approved By 10/11/20048:12 AM James V. MUdd County Manager Date Board of County Commissioners County Manager's Office 10/13/200411:19 AM ..--......- --..--...--., .-~-~'--,.- Agenda Item No. 16H2 October 26, 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 FUNCTIONIEVENT: Naples Chamber of Commerce celebration to mark the return of commercial services to the Naples Municipal Airport PUBLIC PURPOSE: Interact with constituents, community leaders, and the airport authority, DA TE OF FUNCTION/EVENT: October 28, 2004 FISCAL IMPACT: $5,00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Frank Halas to attend function serving a valid public purpose. PREPARED BY: Trisha McPherson APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: October 26, 2004 COLLIER COUNTY Agenda Item No. 16H2 October 26,2004 Page 2 of4 - Item Number Item Summary BOARD OF COUNTY COMMISSIONERS Meeting Date 16H2 Commissioner Halas' request for Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to attend the Chamber of Commerce celebration of the return of commercial flights to the Naples Municipal Airport on October 28, 2004. $5.00 to be paid from Commissioner Halas' travel budget. 10/26/20049:00:00 AM Prepared By Trlsha McPherson Board of County Commissioners Date Executive Aide to the BCC 10/11/200411:08:54 AM BCC Office Approved By Sue Filson Executive Manager to the BCe Date Board of County Commissioners BCC Office Approved By 10/13/2004 2:01 PM James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/14/20045:53 PM Agenda~i~~00'~2 Octó~r 26, 2004 Page 3 of4 mcpherson_trisha From: HalasFrank Sent: Thursday, October 07,2004 12:59 PM To: mcpherson_trisha Subject: FW: Celebration at the Airport!!1 Hi Trisha, If I'm around, please place on my calendar Thanks. Frank -----Original Message----- From: Brenda Borchardt [mailto:brenda@napleschamber.org] Sent: Thursday, October 07, 2004 11:13 AM To: HalasFrank Subject: Celebration at the Airport!!! Come Celebrate!!! Join us as we celebrate the return of scheduled commercial air service at the Naples Municipal Airport. On October 28 from 5 p.m.-7 p.m., the City of Naples Airport Authority is hosting a Pre-Launch Party at the commercial Airline Terminal. We will welcome the return of Cape Air and continental Connection and introduce the new Delta Connection service to Atlanta. The event is $5.00 and all proceeds will be donated to the American Red Cross in support of their ongoing efforts to assist those whose lives have been impacted by the recent hurricanes. Free hors d' oeuvres, FREE GIFTS! !! and Cash Bar. please R.S.V.P. via fax by October 25th, 2004 to 262-8374. (Please do not respond to this email to register.) Register online at www.naplescha~er.org Company Name Registrants 10/8/2004 mcpherson_trisha Agenda Hlgef'JoolfiH2 October 26, 2004 Page 4 of 4 From: HaJasFrank Sent: Thursday, October 07, 2004 12:59 PM To: mcpherson_trisha Subject: FW: Celebration at the Airport!!! Please R.S.V.p. via fax by October 25th, 2004 to 262-8374. (Please do not respond to this email to register.) Register online at ~~napleschamber.org Company Name Registrants COLLI E.IL COV!'Jí'-( ßO'-lï. Lö"",,^^\ S"SoIOIV€'lt.. Ftl..AIV\<.. \-lALA~ Total attending $ Amount Exp. Date I 5.00 ¥Ðt. Phqne # ï'l4 ~~~.~ ì CC~ Contact Name~t ~)O(A .__.__._--~-,- --------t---_._________.. - ---- '- ...--. I 10/8/2004 ~.._-" ,.....d."., Agenda Item No. 16H3 October 26,2004 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO A TTEND 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 offratemal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Frank Halas FUNCTIONIEVENT: Chamber of Commerce Business After Five for Liberty Bank PUBLIC PURPOSE: Interact with constituents and community leaders, ~,- DA TE OF FUNCTIONIEVENT: October 21, 2004 FISCAL IMPACT: $5.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Frank Halas to attend function serving a valid public purpose, PREPARED BY: Trisha McPherson APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: October 26, 2004 COLLIER COUNTY Agenda Item No. 16H3 October 26, 2004 Page 2 of 3 Item Number Item Summary BOARD OF COUNTY COMMISSIONERS Meeting Date 16H3 Commissioner Halas' request for Board approval for reimbursement for attending a function serving a valid pUblic purpose. Commissioner to attend the Chamber's Business After Five at Liberty Bank on October 21, 2004. $5.00 to be paid from Commissioner Halas' travel bUdget. 10/26/20049:00:00 AM Prepared By Trisha McPherson Date Board of County Commissioners Executive Aide to the BCC 10/111200412:27:38 PM BCC Office Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office Approved By 10/13120042:00 PM James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/14120046:42 PM ~.'-"'---...~-,,~ Date: 10/5/04 l1me: 8:09:26 PM \) ':,~ ,REeD COpy ~... ; r"" t- ~ .. l... J~ .. i!b...u_~' ~~_ f . ,~""., " eoard 0 I,.ounty Cummlss íone _ . .f. The 6reðter Naples (Itamber of {OøurIefCt' " ". ~~. r r-~ . . ~~ IØVItBI Yau 11: -- - --~-_. From: Naples þ¡ea Chamber 1-941-262-7245 To:, ..-------- Agenda Item NO~ðf1 OGtob~1.6. 2004 RECE'V~ 3 of 3 ,JCT G : 2004 BusiDess Ifter fIVe ug~ ~Dd1l1' ~Kïes¡ OF~f~ snr'lS: u¡ht Into :1 OIld's Ufe- Sponsored by Liberty Bank There's a New Bank in Town\!! Liberty Bank, FSB P........ join us in welcoming them!! Come see their beautIfUl new facility located at Liberty Sank p,au 4949 Tamiami Trail N Suite 107 Naples, FL 34103 ~1IIbI~...." ~~ ......~ UIIIftIlaøkPIIJII ................. TICKETS ARE · · $5.00 before noon oa October 1.1'1. NO : · EXCEPTIONS MUST PREPAY FOR TBAT · · HAU1!! 510.00 after nOOD and at the door! · · No refunds after noon October 21st! · ....................... Complimentary hon d' oeuvres and soft driDksU! Beer aDd wine will be available by purchasing drink tickets (S3 wine, or 2 for 55, 52 beer or 3 For SSm) -~------------------------- B-". After Fiv. For _re Ïllfo......ûon. plea"" eaI1 n. Ch.,.,ur at 262-6376 C Cheo~C..h ~~ 3~:am~T:~;;:FL34~a?.-' Credit Card ## Sipature bpUa'._ -¡s-oCø ContaetN...... -r~~A _... Q." I' ,,"_R. Q.où...rí'l î,.." \j ; Total _0..... S c:, · (f) Pbone 7 7 Ll ,.,~ ì FAX ~ Address 1I..p......tativ.. Attendiall: Rep....entativ.. AW>ßd!nIl: r..lOAAMISSI{)WE-i'è f(2ANK \-\:\LA~ .."'.....-. Agenda Item No. 16H4 October 26, 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 detennined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Frank Halas FUNCTIONIEVENT: Fly Naples Airport Authority Reception PUBLIC PURPOSE: Interact with constituents, community leaders and Airport Authority. ,,-- DA TE OF FUNCTIONIEVENT: October 20, 2004 FISCAL IMPACT: $18.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Frank Halas to attend function serving a valid public purpose, PREPARED BY: Trisha McPherson APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: October 26, 2004 ,.........., COLLIER COUNTY Agenda Item No. 16H4 October 26, 2004 Page 2 of 3 Item Number Item Summary BOARD OF COUNTY COMMISSIONERS Meeting Date 16H4 Commissioner Halas' request for Board approval for reimbursement for attending a function serving a valid pUblic purpose. Commissioner to attend the Naples Aìrport Authority reception for the Fly Naples air service program on October 20,2004. $18.00 to be paid from Commissioner Halas' travel budget. 10/26/2004 9:00:00 AM Prepared By Trisha McPherson Date Executive Aide to the BCC 10/18/200411:30:43 AM Board of County Commissioners BCC Office Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office Approved By 10/18/20043:09 PM James V. Mudd County Manager Date Board of County CommissIoners County Manager's Office 10/18/20043:34 PM --.-- ...... , 'Agenda Item No, 16H4 ú'f,1,A f(J¡i .. / _'rlP¡tober 26,2004 - pJ/e ::::t./az QTÇ¡ Page 3 of 3 Q/+~o, Q9tj, ~J1l,e, dh Y!e1e¿JtCl£e,1 ;!/ole mId IX ~ee6t a1'f' ÙI1J,;¡~J ÛJ. it>bn tk ~ty (IIº" ;;¡v~ ~&;t/.øtetA.()."u'Y <1'4 (/Ie Jay /knit YO" Þ you.. Jt'fijuwl 0/ ~~ ~y g.f';lk a';,.. _à Jt'l'Of_m., ~t7Û: vW;¿nøuk/l'Wc!<.¿'" 20, 200q r$t_ : 5::10,M'" - %'~fn~ 6':151'''''' - Q9/,~ ~_.,ûrMM 2'<JCatW,.: º"'~~ Q,((mucy.nl Qfl/w¡ao~t yt'm/Unø-:nl dfi".mMt<l'l 500 r1T_IlÚta/'!Ø..¿.,,.. Yifonûzct ~_: <Ì"l ~.Ô'7\""'~t' ()e.("St>~ ~ gad~e~ ~ ¡'-'\ r U9-ôq.!-07.!J ~o..:d c.Mk \~ IS }c>~ 90/""....""''''' tlaH"d-dm,cfI'.'7f? m>&./""thtHI '(.J~ f.Y, 1006 - -. -. . . NAPLES AIRPORT AUTHORITY ~ Yes, I will be attending the Cocktail & Award Reception Wednesday, October 20, 2004 _ No, I will not be attending the Cocktail & Award Reception _ Number of people attending including yourself NameCOMM 'ss,o~!:(¿FAAN( J../ALAS ph#: 714 -'ioe, i Company: 0 ðL..LI Ell- COÙIV íY C ~\J . Address: 330\ -rA~\.~µ'\ 'TlA'L 64'S; Return R's. V.P. by October 13,2004 -. .--_. _.----. Agenda Item No. 16H5 October 26, 2004 Page 1 of 5 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 detennined 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: United Arts Council - Celebrate the Arts Gala Dinner PUBLIC PURPOSE: To support Collier County's cultural community, .,".....- DATE OF FUNCTION/EVENT: November 20,2004 FISCAL IMPACT: $95,00 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: Kathy Highbaugh, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: October 26,2004 ,.,.~-.. COLLIER COUNTY Agenda Item No. 16H5 October 26, 2004 Page 2 of 5 Item Number Item Summary BOARD OF COUNTY COMMISSIONERS 16H5 Meeting Date Commissioner Fiala's request for Board approval for reimbursement to attend a function serving a valid pUblic purpose. The Commissioner will be attending the United Arts Council 'Celebrate the Arts Gala Dinner' on November 20,2004 at the Naples Beach Hotel; $9500 to be paid from Commissioner Fiala's travel bUdget 10/26/2004 9:00:00 AM Prepared By Kathy Hlghbaugh Board of County Commissioners Date Executive Aide to the BCC 10/20/20049:30:44 AM BCC Office Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office Approved By 10/20/20049:33 AM James V. Mudd County Manager Date - Board of County Commissioners County Manager's Office 10/20/200411:34 AM -_·,··-'_'_·,<...·_.k,__.~.__,__ Agenda Item No. 16H5 October 26,2004 Page 3 of 5 .. _..c Please join us for. an extra.ardinary event showcasing CoUieT ,County's cultural commùnitj - Presen.œd by: Gulfshore Life. To benefit the programs,and communitY services of Th~ United Arts Council of Collier Goµnty Saturday, November 20 at 6:00 p.m. Naples Beach Hotel Casual Atâre · RSVP by November 5 . . .. ;".t.t~ ,c.¡~ Honorary Chair:' Jonathan Green G.ala Chair: Jody Rosenbaum' Dinner, Wine, Live Entertainment, Auctions Featuring cornucopias created by participating arts groups Prize Drawing for "Treasure Hunt" (See Reverse for Details) Live auction grand priz~ :- Cruisè for Two on Radisson Cruise Lines Sþons11l'S: @oíncast Gulñhóre Life 0.lPMorpn """""""'PIIe .oo·i~ ~r ~" ~------ -.".'---. Agenda Item No. 16H5 October 26, 2004 Page 5 of 5 Name(s Phone 1 'I '/- f1Xl) CitylZip. }(I ~uld like -L Gala tic\u!tS at $95 each, . G11 am unable tòs,ttend. but nave enG10sed mytu.-deductible cóntribution of S~ ÎD support of the artS in Collier Co~ ' Checks to United Arts Councû -, or - 0 V1S& a MastetCaØ Exp\Tes # ;lS~ Erttric prderen~: Q Salmon þ(CbïÇken Seating Request J T1tø U1dtøtiÄm CotmCtl ufCoUier COIIIItY /.rea SOl (e)($) Ml-ft1r-1m'fll ~ .' State' of F1fr!dø 1ISC-6720S. . $40 rfyÖvT $95 ticket ~ I.t tø-deJuctible. .. .- . ..._._._.._~.._m.."_"_"'_"·_·"'_·_ Agenda Item No. 1611 A October 26, 2004 Page 1 of 5 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE October 26, 2004 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for May 29, 2004 through June 4, 2004 2. Disbursements for June 5, 2004 through June 11, 2004 3, Disbursements for June 12, 2004 through June 18,2004 4. Disbursements for June 19,2004 through June 25, 2004 5. Disbursements for June 26, 2004 through July 2. 2004 6. Disbursements for July 3, 2004 through July 9, 2004 7. Disbursements for July 10,2004 through July 16.2004 8. Disbursements for July 17,2004 through July 23, 2004 9. Disbursements for July 24, 2004 through July 30, 2004 10. Disbursements for July 31,2004 through August 6. 2004 11. Disbursements for August 7. 2004 through August 13,2004 12, Disbursements for August 14,2004 through August 20,2004 13. Disbursements for August 21, 2004, through August 27,2004 14, Disbursements for August 28,2004 through September 3,2004 15, Disbursements for September 4,2004 through September 10,2004 16, Disbursements for September 11, 2004 through September 17. 2004 17. Disbursements for September 18, 2004 through September 24, 2004, ] 8, Disbursements for September 25, 2004 through SePtember 30, 2004. H:Data/Format ~-"'.' .~'" ."."" .."".,..,...."...,..".,,,,,.., "''''''''''"~''''--'--'''-'' ,.'..,.,".,........--..""..... H:Data/Fonnat Agenda Item No. 1611A October 26, 2004 Page 2 of 5 19. Disbursements for October 1. 2004 throuf!h October 8. 2004. B. Districts: 1. Cedar Hammock Community Development- Agenda and Minutes of May 10, 2004; Proposed FY 2005 Budget; Audit Report and Management Letter, 2, Fiddler's Creek Community Development District -Agenda and Minutes for April 28, 2004; District Map, and Description of Outstanding Bonds. 3. Fiddler's Creek Community Development District #2 _ Agenda and Minutes for June 23, 2004; Proposed Budget for FY 2005; FY 2004 Budget; Description of Outstanding Bonds; District Map and Registered Officer and Agent 4. Collier Soil Water Conservation District - Proposed Budget for FY 2004- 2005; District Map; Public Facilities Report; Description of Outstanding Bonds; Board of Supervisors Schedule of Regular Meetings; and List of Current Board Members, 5. Naples Heritaf!e Community Development District _ Meeting dates for FY 2005. 6. Immokalee Fire Control District - Regular Schedule of Meetings, and District Map. 7. East Naples Fire Control and Rescue District - Annual Financial Report; Audit; Management Letter; 2004-05 Budget; 2004-05 Meeting Schedule; District Map; Registered Office and Agent; Five Year Plan. 8. Golden Gate Fire Control & Rescue District - Schedule of regular Meetings for FY 2005; Proposed Budget FY 2005; District Map; Registered Office and Agent. 9. Mediterra South Community Development District _ Agenda and Minutes of Meeting for May 26,2004; Proposed Budget for FY 05; Description of Outstanding Bonds; Registered Office and Agent. 10. Heritaf!e Greens Community Development District -Agenda and Minutes of March 8, 2004 and Agenda and Minutes of May 10,2004; Registered Office and Agent; September 30,2004 Budget; Audit Report; Proposed Budget for 2005; and Schedule of regular meetings for FY 2005. 11, North Naples Fire Control and Rescue District - Annual Financial Report for FY 2004; Registered Office and Agent; Public Facilities Report; Audit Report; Proposed Budget for 2005; Schedule of Meeting for FY -'_._~~""_. Agenda Item No. 1611 A October 26, 2004 Page 3 of 5 2005;Management Letter; Rebuttal to management letter; district map; and district five year plan. 12. Port of the Islands Community District -Agenda and Minutes for May 21, 2004, June 25, 2004, and July 23, 2004; Proposed budget for FY 2005; General Fund Revenues for March 31, 2004. 13. Pelican Marsh Community Development District - Meeting Schedule for FY 2005. C. Minutes: 1. Pelican Bav Services - Agenda for October 7,2004; Minutes of September 1,2004. a) Budget Sub-Committee Minutes for September 15, 2004. b) Clam Bav Sub-Committee - Agenda for October 6,2004, Minutes of August 4, 2004, 2. Radio Road Beautification M,S,T.U. - Agenda for October 19,2004; Minutes of September 21, 2004. 3. Collier County Library Advisory Board - Agenda for September 22, 2004; Minutes of September 14, 2004, 4. Development Services Advisory Board - Minutes for September I, 2004. 5. Bavshore Beautification M.S.T.U, - Agenda for October 13,2004; Minutes of September 8, 2004. 6, Collier County Planning Commission - Agenda for October 7,2004; Minutes of August 19, 2004. 7, Collier County Emergency Medical Services Advisorv Board - Minutes of August 31,2004, 8, Forest Lakes Roadway and Drainage M,S,T.U. - Agenda for October 13, 2004; Minutes of September 8, 2004. 9. Vanderbilt Beach M.S.T.U, - Agenda for October 21,2004. 10. Immokalee Beautification M,S.T.U, Advisory Committee - Agenda for October 20,2004; Minutes of September IS, 2004. II. Lelv Golf Estates Beautification M.S.T.U, - Agenda for October 21,2004; Minutes of September 16, 2004. H:DataIFormat Agenda Item No. 16/1 A October 26,2004 Page 4 of 5 12. Lake Trafford Restoration Task Force - Minutes for February 25, 2004, and April 28, 2004. 13. Collier County Citizen Advisory Task Force - Agenda and Minutes for June 10, 2004. D. Other: 1) Guy L. Carlton, Collier County Tax Collector - Letter regarding county taxes for the 2003 tax roll. 2) Letter from the Florida Department of Revenue to Guy L. Carlton regarding the Final 2004-2005 Budget. 3) Guy L. Carlton, Collier County Tax Collector - Letter with attachment for 2004-2005 Budget Amendment. H:Data/Format Agenda Item No. 1611 A October 26. 2004 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary Meeting Date 1611 Miscellaneous Items to File for Record with Action as Directed. 10/26/20049:00:00 AM Date Prepared By Kathleen Martinson Board of County Commissioners Administrative Aide to BCC 10114/2004 1 :49:49 PM BCC Office Approved By Sue Filson Executive Manager to the BCe Date Board of County Commissioners BCC Office 10114120044:06 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/15/20042:08 PM ,""'-- Agenda Item No, 16J1 October 26, 2004 Page 1 of 2 EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAIŒ 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 ftom October 1, 2004 through October IS, 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 October I, 2004 through October IS, 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 detennination of whether the purchases of goods and services docwnented in the detailed report of open purchase orders serve a valid public pwpose and authorize the expenditure of County funds to satisfy said purchases. Prepared By: Date: loµ¢"l' RenCWedand~& C ~ Approved By: _ . onstance C. Murray General Operations Manager Date: /O//rtO'f ¡ .-.'_.""...,,~...._- Item Number Item Summary Meeting Date Approved By James V. Mudd Board of County Commissioners COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Item No, 16J1 October 26, 2004 Page 2 of 2 16J1 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. A copy of the Detailed Report is on display in the County Manager's Office, Collier County Government Center, 3301 East Tamiami Trail, 2nd Floor, W. Harmon Turner Building, Naples, Florida. 10/26/2004 900:00 AM County Manager Date County Manager's Office 10115/20044: 29 PM .'- ----'--"-- Agenda Item No. 16K1 October 26, 2004 Page 1 of 7 ..........~ EXECUTIVE SUMMARY Recommendation to authorize the making of an Offer of Judgment to Respondents, Armando A. Lambert and Algis L. Mados, for Parcel No. 208 in the amount of $12,000.00 in the lawsuit styled Collier County v. Armando A. Lambert, et al., Case No. 02-2132-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, Armando A. Lambert and Algis L. Mados ("Respondents"), in the amount of $12,000,00, as full compensation, excepting attorney's fees and costs, for the fee simple acquisition arising out of the condemnation of Parcel No. 208 in Collier County v. Armando A. Lambert, et al., Case No. 02-2132-CA, Immokalee Road Project 60018. CONSIDERATIONS: On August 27,2002, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 208 for the Immokalee Road Project (Project No. 60018). On September 12, 2002, Collier County deposited with the Registry of the Court the sum of$6,400.00 for Parcel 208 in accordance with the Order of Taking, ...........~ The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $12,000.00 as full compensation for 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 pay $5,600.00 to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $12,000,00 for Parcel 208, 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 the benefit achieved pursuant to §73.092, Fla. Sta., is $1,551.00, . 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 $7,151,00 are available in the FY 05 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None, RECOMMENDATION: That the Board of County Commissioners: -. Agenda Item No. 16K1 October 26, 2004 Page 2 of 7 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; 3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. ~'""''''' 2 Item Number Item Summary Meeting Date COLLIER COUNTY Agenda Item No. 16K1 October 26,2004 Page 3 of 7 BOARD OF COUNTY COMMISSIONERS 16K1 Recommendation to authorize the making of an Offer of Judgment to Respondents, Armando A. Lambert and AIgis L. Mados, for Parcel No. 208 in the amount of $12,000.00 in the lawsuit styled Collier County v. Armando A. Lambert, et a/., Case No. 02-2132-CA (Immokalee Road Project No. 60018). 10/26/20049:00:00 AM Prepared By Date Sandra Herrera County Attorney Legal Secretary 9/23/2004 2:41 :22 PM County Attorney Office Approved By Lisa Taylor Transportion Services Management/Budget Analyst Date Transportation AdmInistration Approved By Gregg R. Strakaluse Transportion Services 9/29/20048:21 AM Transportation EngIneering/Construction Mgmt DIrector Date Transportation Engineering and Construction Approved By Ellen T. Chadwell County Attorney 9/29(2004 1: 16 PM Assistant County Attorney Date County Attorney Office Approved By Sharon Newman Transportion Services 9/30/2004 1 :12 PM Accounting Supervisor Date Transportation Administration Approved By Norm E. Feder, AICP Transportion Services 9(30/20042:10 PM Transportation Division Administrator Date Transportation Services Admin. Approved By Kevin Hendricks TranSportion Services 9/30(20044:25 PM Right Of Way Acquisition Manager TransportatIon Engineering and Construction Date Approved By David C. Weigel County Attorney 10/1/2004 1 :53 PM County Attorney Date County Attorney Office Approved By Pat Lehnhard 10(13/2004 9:48 AM Administrative Assistant Date ,-.,,~.,.,-- Agenda Item No. 16K1 October 26, 2004 Page 4 of 7 County Manager's Office Office of Management & Budget 10/14/20048:22 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 10/14/2004 8: 58 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10/14/20041:58 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/15/2004 2:43 PM Agenda Item No. 16K1 October 26, 2004 Page 5 of 7 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 02-2132-CA vs. Parcel: 208 ARMANDO A. LAMBERT, et aI., Respondents. / OFFER OF JUDGMENT TO: Armando A. Lambert Algis L. Mados c/o Kenneth A. Jones, Esq. ROETZEL & ANDRESS 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, ARMANDO A, LAMBERT, and ALGIS L. MADOS, ("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 208, in the total amount of Twelve Thousand and NollOO Dollars ($12,000.00), for Parcel 208, which includes the amount of $6,400.00 which was deposited pursuant to the Order of Taking dated August 27, 2002. ~._---~..._~, Agenda Item No. 16K1 October 26. 2004 Page 6 of 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 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 ,2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 A DORNEY FOR PETITIONER 2 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION Agenda Item No. 16K1 October 26,2004 Page 7 of 7 ,- COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 02-2132-CA vs. Parcel: 208 ARMANDO A. LAMBERT, et aI., Respondents. / NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT COMES NOW the Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney, as to Parcel 208 in the above-styled cause, and files this Notice of Service of Petitioner's Offer of Judgment to the Respondents, ARMANDO A. LAMBERT and ALGIS L. MADOS. I HEREBY CERTIFY that a true and correct copy of this Notice has been furnished by U.S. Mai1 to Annando A. Lambert and Algis L. Lambert, c/o Kenneth A. Jones, Esq., Roetzel & Andress, 2320 First Street, Ste. 1000, Ft. Myers, FL 33901-3419, and Collier County Tax Collector, c/o E. Glenn Tucker, Esq., RHODES, TUCKER & GARRETSON, P. O. Box 887, Marco Island, FL 34146, on this _ day of October, 2004. OFFICE OF THE COUNTY ATTORNEY Hannon Turner Building 3301 East Tamiami Trail Naples, Florida 341 ] 2 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 A TTORNEY FOR PETITIONER "....-.-. Agenda Item No. 16K2 October 26, 2004 Page 1 of 5 EXECUTIVE SUMMARY Recommend that the Board of County Commissioners Approve an Agreed Order and Authorize Payment of Expert Fees for Parcels 179/179T in the Lawsuit Styled Collier County v. Dr. Francisco Cortina, et. al., Case No. 00-0936- CA (Golden Gate Boulevard Project #63041). OBJECTIVE: Recommend that the Board of County Commissioners approve an Agreed Order and authorize payment of expert fees with respect to Parcels 179/1 79T in the lawsuit styled Collier C;ounty v. Dr. Francisco Cortina, et al., Case No. 00-0936-CA. CONSIDERATIONS: On June 6, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcels 179/1 79T for the Golden Gate Boulevard project (Project #63041). On June 23, 2000, Collier County deposited with the Registry of the Court the sum of $6500.00 for Parcels 179/179T, thereby vesting title in the parcels in Collier County. .,- On July 28, 2004, the Board of County Commissioners approved a Stipulated Final Judgment with the property owners. To conclude this matter, the County is required to pay reasonable expert fees incurred by the Respondents in the defense of this matter. County staff recommends paying $5600.00 for appraisal fees and $ 1750.00 for engineering fees incurred in connection with Parcels 179/179T, the terms of which are set out in the Agreed Order (attached as Exhibit "A"). The appraiser reduced his fee from $6356.25 to $5600.00 and the engineer reduced his fee from $2104.94 to $1750.00, FISCAL IMPACT: Funds in the amount of $7350.00 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 $7350.00 to the Earle & Patchen Trust Account on behalf of the property owners for expert fees for Parcels 179/1 79T, - PREPARED BY: Heidi F, Ashton, Assistant County Attorney, Office of the County Attorney Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Item No. 16K2 October 26, 2004 Page 2 of 5 16K2 Recommend that the Board of County Commissioners Approve an Agreed Order and Authorize Payment of Expert Fees for Parcels 179/179T in the Lawsuit Styled Collier County v. Dr. Francisco Cortina, et. ai., Case No. 00-0936-CA (Golden Gate Boulevard Project #63041). 10/26/2004 9:00:00 AM Prepared By Date Heidi F. Ashton County Attorney Assistant County Attorney 10/12/20043:05:20 PM County Attorney Office Approved By Sharon Newman Transportion Services Accounting Supervisor Date Transportation Administration Approved By Kevin Hendricks Transportion Services 10/12/20043:14 PM Right Of Way Acquisition Manager Transportation Engineering and Construction Date 10/13/200412:32 PM Approved By Lisa Taylor Transportion Services Management/Budget Analyst Date Transportation Administration Approved By Norm E. Feder, AfCP Transportion Services 10/13/20042:39 PM Transportation Division Administrator Date Transportation Services Admin. Approved By Eugene Calvert Transportations Services 10/13/20048:00 PM Principal Project Manager Transportation Engineering and Construction Management Date 10/14/200410:08 AM Approved By David C. Weigel County Attorney County Attorney Date County Attorney Office Approved By Pat Lehnhard County Manager'S Office 10/14/20044:58 PM Administrative Assistant Date Office of Management & Budget Approved By Susan Usher County Manager's Office 10/15/20048:18 AM Senior Management/Budget Analyst Date Office of Management & Budget 10/15/20041:05 PM Agenda Item No. 16K2 October 26.2004 Page 3 of 5 Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10/15/2004 1 :45 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/15/20043:47 PM IN THE CIRCUIT COURT OF THE 'IWRNTIETH ,}lJDlCIAL CIRCUIT IN AND FOR COLLTER COUNTY. FLORmA CIVIL ACTION Agenda Item No. ~ K2 October 26, 004 Page 4 of 5 COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florída. Case No.: 00-0936-CA Petitioner, Parcel Nos.: 179/179T V8. DR. FRANCISCO CORTINA, eta!., Respondents. .---1 AGREED ORDER THIS CAUSE, having come bt:fore the Court llpon Joint Motion made by Petitioner, COU.lER COUNTY, FLORIDA, by Rnd through the undersigned counsel. and Respondent~. ROBERT B. STIRLING and RUTH E. STIRLING, by and through tht:ir under¡¡igned counsel, for entry of an Agreed Order, and the CoUrt, being fulJy advised in the pt"emisct1, it is here~y ORDERED AND ADJUDGED thai Respondents, ROBERT B. STIRLL\lG and RUTH E. STIRLING. receive from PetWoner, COLLlER COt)1l.'TY. fLORIDA, the sum of Fifty.Six: Hundred DolJars and NoI1()() ($5600.00) for appra.isal tees incurred in connection wÌlb Parcels 1791179T; it is further ORDERED that Reblwndenrs. ROBERT B. STIRUNG IIndRUTH E. STlRI.TNG, recei\lc from Petitioner, COLLIER COUNTY, FLORIDA. the sum of Seventeen Hundred "'1ft)' Dollars and No/tOO ($1750.00) for engineering fees incum:d ill connection with Parcels 1791179'1'; it is further I Agenda Item No. 16K2 . . .' October 26, 2004 ORDERED that Petttioner, COWER COlJ}.¡ïY. FLORIDA, shall disburse t.he sum of Page 5 of 5 Seven Thousand Three Hundred Fifty Dollars and No/tOO ($7350.00) to the bARLE & PATCI~ TRUST ACCOUNT c/o Brian P. Patchen, Esquire. 1000 Brick.ell Avenue. Suite 1112. Miami, Florida 33131 for the benefit of Respondents. DONE AND ORDERED this _ day of _, 2004 in Naples, ColJicr County, Aorida. CIRCUiT COURT JUDGE Conformed copies to: Heidi F. Ashton, Esc.¡uire Brian P. Patchen, Esquire E. Glenn TUCKer, Esquire Nations Bane Financial Services (address urilmoWfI) A vatar properties. Inc. Bookkeeping JOINT MOTION The Panie!!, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order 8S to Parcel!! i791179T. Dated: Datt:d: @) BRIAN P. P A TC}ll!;N, F.sQUIRB Florida Bar No.: 157545 EARLE & PATCHEN, P.A. 1000 DrickcU A venue Suite 1112 Miami, FL 3313] (305) 372-1112 - Telephone (305) 372-3691 - Facsimile A TTORN'EY FOR RêSPONDENTS HEIDI F. ASHTON, FSQUIRE Honda BiII' No.: 966770 OFFICE OF TIIE COUNTY ATIOR::-IEY Harmon TU111Cf Building 3301 EastTamiami Trail Nap1e~, FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile A DORNEY FOR PETmONER Agenda Item No. 16K3 October 26, 2004 Page 1 of 22 .,...'......'" EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners Waive the Purchasing Policy as Allowed Under Section VI.G. of the Policy and Approve a Retention Agreement with the Law Firm of Garvin & Tripp, P.A., to Represent the County in Complex Litigation Including Complex Land Use Matters and Further Approve the Opening of a Purchase Order for the Firm to Defend the County's Interests in the Case of Century Development, et at. v. Jeb Bush, et al. as well as in Potentially Related Purported Bert Harris Act Claims. OBJECTIVE: For the Board of County Commissioners to waive the Purchasing Policy as allowed under Section VI.G. of the Policy and approve a retention agreement with the law firm of Garvin & Tripp, P.A. ("Garvin & Tripp"), to represent the County in complex litigation including complex land use matters and further approve the opening of a purchase order for the firm to defend the County's interests in the case of Century Development, et al. v. Jeb Bush, et aI., as well as in potentially related purported Bert Harris Act claims, CONSIDERA TIONS: The law firm of Garvin & Tripp has special expertise and resources in complex litigation including complex land use matters and Bert Harris Act litigation involving Collier County's Land Development Code and Growth Management Plan. In July of this year, the County received approximately 558 purported Bert Harris Act claims related to the County's adoption of the Rural Fringe Amendments. In September of this year, the case of Century Development, et al. v. Jeb Bush, et al., was refiled against the County seeking certification of a plaintiff class to attack a moratorium following the Governor's Order of June 22, 1999. Garvin & Tripp has agreed to represent the County in these matters, The attached retention agreement is for a term of three (3) years and would include not only this representation but also other representation as may be appropriate and as may arise during that time. The agreement provides for two (2) one-year periods of renewal. It also provides for a negotiation of hourly rates of up to 10% without further Board approval in each subsequent year of the agreement provided that Garvin & Tripp request such negotiation and substantiates the reason the request is being made. The Office of the County Attorney wilJ be responsible for administering this retention agreement. The hourly rates and other details relating to payment are set forth on Exhibit A to the retention agreement. Section VI.G. of the Purchasing Policy permits the Board to waive or exempt any potentially applicable competitive selection requirements for hiring of outside counsel at the request of the County Attorney. FISCAL IMPACT: The ultimate fiscal impact of entering into this retention agreement is unknown at this time, Because of the magnitude of the claims asserted in the Century Development case and the purported Bert Harris Act claims, it is conceivable that extensive legal work may be involved and that the ultimate cost of defense could exceed $100,000.00. Payment for this specific assignment shall be made from Fund No, 111-13817-634999. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary, RECOMMENDATION: That the Board waive the Purchasing Policy under Section VI.G. of the Policy and approve the retention agreement with Garvin & Tripp and specifically authorize the opening of a purchase order to allow the firm to represent the County in Century Development, et al. v. Jeb Bush, et aI" and the potentially related purported Bert Harris Act claims and authorize the Chairman to sign the retention agreement. "- COLLIER COUNTY Agenda Item No. 16K3 October 26, 2004 Page 2 of 22 BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K3 Recommendation that the Board of County Commissioners Waive the Purchasing Policy as Allowed Under Section Vl.G. of the Policy and Approve a Retention Agreement with the Law Firm of Garvin & Tripp, P.A, to Represent the County in Complex Litigation Including Land Use Matters and Further Approve the Opening of a Purchase Order for the Firm to Defend the County's Interests in the Case of Century Development, et al. v. Jeb Bush, et al. as well as in Potentially Related Purported Bert Harris Act Claims. 10/26/2004 9:00:00 AM Meeting Date Approved By Michael Pettit Chief Assistant County Attorney Date County Attorney County Attorney Office 10/14/20042:27 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 10/15/20049:10 AM Approved By David C, Weigel County Attorney Date County Attorney County Attorney Office 10/15/200410:29 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 10/15/200410:43 AM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & BUdget 10/15/2004 1 :47 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/15/20044:57 PM Agenda Item No. 16K3 October 26,2004 Page 3 of 22 RETENTION AGREEMENT WITH GARVIN & TRIPP. P .A. This Retention Agreement is made by and between the Board of County Commissioners of Collier County, Florida (the "County"), and the law firm of Garvin & Tripp, P.A., of Fort Myers, Florida ("Garvin & Tripp"), Whereas, Garvin & Tripp has special expertise and resources in a wide range of legal matters, with particular expertise in complex litigation (including complex land use matters) and appellate matters; and Whereas, the County from time to time has a requirement and need for legal services which are particularly within the expertise of Garvin & Tripp; Now, + !herefore, in consideration of the premises contained herein, the County hereby hires and retains Garvin & Tripp and Garvin & Tripp hereby agrees to provide legal services to County. ARTICLE 1 COMPENSATION: METHOD OF PAYMENT 1.1 Compensation shall be paid to Garvin & Tripp in accordance with the terms set forth in Exhibit A attached hereto and made a part hereof. Requirements for reimbursable expenses are set forth in Exhibit B, attached hereto and made a part hereof. Expenses other than automobile expenses must be documented by copies of paid receipts or other evidence of payment. 1.2 The rates set forth in Exhibit A shall remain in effect without change for a minimum of one (1) year from November 1, 2004, In each year thereafter, upon the request of Garvin & Tripp, the County Attorney is authorized to negotiate to increase the hourly rate up to a Page 1 of 20 Agenda Item No. 16K3 October 26, 2004 Page 4 of 22 maximum often (10) per cent without approval by the Board of County Commissioners. In the negotiation process, Garvin & Tripp must substantiate the reason the request is being made (i.e. market conditions, increase in CPI, etc.). The parties recognize that Garvin & Tripp is currently providing services to Collier County beneath its standard hourly rate, as a professional courtesy to Collier County and in light of the Jongstanding relationship between Collier County and Garvin & Tripp. The parties agree that the continuation of a discounted hourly rate is not guaranteed beyond the initial annual term of this agreement. 1.3 MultipJe Attorney Assignments. The County acknowledges that, from time to time, it may be advisable for Garvin & Tripp to assign more than one attorney to a project or case. NevertheJess, in order to ,-.'^ ensure that such muJtiple attorney assignments are efficient and cost-effective for the County, Garvin & Tripp agrees to the foHowing procedures and billing limitations for muJtiple attorney assignments. 1.3.1 A primary attorney will be identified for projects or cases. In practice, this means that generally only the primary attorney will meet or communicate directly with County personnel or attend meetings, court, arbitrations, mediations or other proceedings on behalf of the County, except in instances of emergency or where in the responsible professional judgment of Garvin & Tripp the requirements of the project or case warrant a muJtiple attorney presence at such proceedings. 1.3.2 Attorneys assigned to a project or case other than the primary attorney will be less senior attorneys with lower billing rates unless the additional attomey(s) Page 2 of20 Agenda Item No. 16K3 October 26, 2004 Page 5 of 22 has/have a demonstrated expertise that will demonstrably enhance the value and efficiency of the legal services being provided to the County. 1.3.3 Garvin & Tripp agrees that internal or in-house conferences among multiple attorneys assigned to a project or case shall be kept to the absolute minimum necessary for the professionally responsible provision of the legal services in question. 1.4 From time to time, it may be necessary for Garvin & Tripp to have experts, consultants or to associate with other law firms or attorneys to responsibly and professionally represent the County on projects and cases. The requirements for such hirings or associations are set forth on Exhibit A to this Agreement. 1.5 Garvin & Tripp may submit invoices for hourly work assignments pursuant to Exhibit A only after the services for which the invoices are submitted have been completed or expenses incurred, An original invoice plus one copy is due within fifteen (15) days of the end of the month, except the final invoice which must be received no later than sixty (60) days after the work is completed or the expiration of this Agreement. 1.6 To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to the instruction prescribed by County. Payment may be withheld for failure of Garvin & Tripp to comply with a term, condition, or requirement of this Agreement. 1,7 Payment shall be made within thirty (30) days of rendition of a proper invoice to Garvin & Tripp at: Garvin & Tripp, P.A. P. O. Drawer 2040 Fort Myers, Florida 33902 Page 3 of 20 Agenda Item No. 16K3 October 26. 2004 Page 6 of 22 ARTICLE 2 INSURANCE 2.1 Garvin & Tripp shall as a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement, professional liability insurance in an amount and form not less than as]eflected on Exhibit C hereto, except that said coverage shall increase to $3,000,000,00 per claim and in the aggregate on and after January], 2005 and remain at that level unless this Agreement is amended or until this Agreement expires. Garvin & Tripp shaH also supply a coverage declaration/policy renewal sheet to the Office of the County Attorney for each policy year that this Agreement remains in effect. Such insurance shall also provide, in the event of cancellation or non-renewal, that the discovery period for insurance claims (tail coverage) shall not be less than three years following the completion ofthe assigned work and acceptance by the County. 2.2 Such policy or policies shall be issued by United States Treasury approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Collier County, Florida. 2.3 Garvin & Tripp shall furnish to the Risk Management Director Certificates of Insurance or endorsements evidencing the insurance coverages specified by this Article prior to beginning performance of work under this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE Page 4 of20 Agenda Item No. 16K3 October 26, 2004 Page 7 of 22 3.1 The term of this Agreement shall be for a period of three years to begin October 26, 2004 and to end on October 26, 2007, unless terminated earlier in accordance with the provisions of this Agreement. Absent notice of intent to terminate, the Agreement may be renewed upon mutual consent of the parties for two (2) additional terms of one (1) year each. (In the event the term of this Agreement extends beyond a single fiscal year of the County, the continuation of this Agreement beyond the end of any fiscal year shall be subject to the availability of funds from County in accordance with Chapter 129, Florida Statutes.) 3.2 Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities by this Agreement. 3.3 Any amendments, alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by both parties hereto, and attached to the original of this Agreement. ARTICLE 4 TERMINATION 4.1 This Agreement may be terminated by either party for cause upon ten (10) days' notice or by the County for convenience upon no less than thirty (30) days' advance written notice in accordance with the "NOTICES" section of this Agreement. Page 5 of 20 Agenda Item No. 16K3 October 26, 2004 Page 8 of 22 4.2 Termination of this Agreement for cause shaH include, but not be limited to, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives of County as set forth in this Agreement, or multiple breach of the provisions of this Agreement notwithstanding whether any such breach was previously waived or cured. 4.3 In the event this Agreement is terminated for convenience, Garvin & Tripp shall be paid for any services performed to the date the Agreement is terminated; however, upon being notified of County's election to terminate, Garvin & Tripp shall refrain from performing further services or incurring additional expenses under the term of this Agreement except as may be necessary to protect the interests of the County in accordance with the Rules Regulating The Florida Bar. Garvin & Tripp acknowledges and agrees that Ten DoHars ($10) of the compensation to be paid by County, the adequacy of which is hereby acknowledged by Garvin & Tripp, is given as specific consideration to Garvin & Tripp for County's right to terminate this Agreement for convenience. Garvin & Tripp's obligations to the County as provided for hereunder shall cease upon termination, except for participating in an orderly and professional transfer of such responsibilities and files or copies of files to the County or its designee. Such transfer of responsibilities and files shall also be in accordance with all requirements of the Rules Regulating The Florida Bar. ARTICLE 5 RECORD AUDIT AND INSPECTION Page 6 of20 '·__<~____"_m Agenda Item No. 16K3 October 26,2004 Page 9 of 22 5.1 County shall have the right to audit the books and records of Garvin & Tripp pertinent to the funding under this Agreement. Garvin & Tripp shall return documents to the Office of the County Attorney upon termination of any matter for which Garvin & Tripp has provided representation to the County. With regard to those materials which remain in the possession of Garving & Tripp, Garvin & Tripp shall preserve and make available, at reasonable times for examination and audit by County, all financial records, supporting documents, and other documents pertinent to this Agreement for a period of three (3) years after termination of this Agreement or, if any audit has been initiated and audit findings have not been resolved at the end ofthe three years, the books and records shall be retained until resolution ofthe audit findings. 5,2 If the Florida Public Records Act (Chapter 119, Fla. Stat.) is determined by County to be applicable to Garvin & Tripp's records, Garvin & Tripp shall comply with all requirements thereof, however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by Garvin & Tripp, ARTICLE 6 CONFLICT OF INTEREST 6,1 Garvin & Tripp states that it is familiar with and will comply with the terms and conditions of Chapter 112, Part III, Florida Statutes (Code of Ethics). Page 7 of 20 Agenda Item No. 16K3 October 26, 2004 Page 10 of 22 6.2 It is very important that Garvin & Tripp be independent and impartial in order to properly provide services under this Agreement. Thus, Garvin & Tripp agrees that it will comply at all times with all of the Rules Regulating The Florida Bar, including without limitation Rules 4-1.6, 4-1. 7, and 4-1.8 concerning confidentiality and the scrupulous avoidance of conflicts of interest. ARTICLE 7 INDEMNIFICA TION 7, I Garvin & Tripp acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by County, the adequacy of which is hereby acknowledged by Garvin & Tripp, is given as specific consideration to Garvin & Tripp so that Garvin & Tripp shall at all times hereafter indemnifY, hold harmless and, at County's option, defend or pay for an attorney selected by County to defend County, its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent act or omission of Garvin & Tripp, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property, The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by County, any sums due Garvin & Tripp under this Agreement may be retained by County until all of County's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by County. Page 8 of 20 Agenda Item No. 16K3 October 26, 2004 Page 11 of 22 ARTICLE 8 OWNERSHIP OF DOCUMENTS 8.1 Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of County. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Garvin & Tripp, whether finished or unfinished, shall become the property of County and shall be delivered by Garvin & Tripp to the County within seven (7) days of termination of this Agreement by either party. Any compensation due to Garvin & Tripp shall be withheld until all documents are received as provided herein, ARTICLE 9 INDEPENDENT CONTRACTOR 9,1 Garvin & Tripp is an independent contractor under this Agreement. Services provided by Garvin & Tripp shall be subject to the supervision of Garvin & Tripp, and such services shall not be provided by Garvin & Tripp as officers, employees, or agents of the County. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. ARTICLE 10 NONDISCRIMINATION, EQUAL OPPORTUNITY Page 9 of20 Agenda Item No. 16K3 October 26, 2004 Page 12 of22 AND AMERICANS WITH DISABILITIES ACT 10, I Garvin & Tripp shall not unlawfully discriminate against any person in its operations and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded in whole or in part by County, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. 10.2 Garvin & Tripps' decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation national origin, martial status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for service delivery, 10.3 Garvin & Tripp shall comply with Title I of the Americans with Disabilities Act regarding nondiscrimination on the basis of disability in employment and further shall not discriminate against any employee or applicant for employment because of race, age, religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability. In addition, Garvin & Tripp shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of Page 10 of20 Agenda Item No. 16K3 October 26, 2004 Page 13 of 22 pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. 10.4 Garvin & Tripp shall take affirmative action to ensure that applicants are employed and employees are treated without regard to race, age, religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability during employment. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. 10.5 Garvin & Tripp shall not engage in or commit any discriminatory practice in performing the Scope of Services or any part of Scope of Services of this Agreement. ARTICLE 11 NOTICES 11.1 Whenever either party desires to give notice to the other, such notice must be in writing, sent by registered or certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR COLLIER COUNTY: David C. Weigel, County Attorney Collier County Government Center 3301 Tamiami Trail East Naples, Florida 34112 Page 11 of20 .- .-.- Agenda Item No. 16K3 October 26,2004 Page 14 of 22 FOR GARVIN & TRIPP: Theodore L. Tripp, Jr., Esq. Garvin & Tripp, P.A. P, O. Drawer 2040 Fort Myers, Florida 33902 ARTICLE 12 MISCELLANEOUS ] 2. ] WAIVER OF BREACH AND MATERIALITY Failure by County to enforce any provision of this Agreement shaH not be deemed a waiver of the provision or modification ofthis Agreement. A waiver of any breach of a provision ofthis Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. ]2.2 COMPLIANCE WITH LA WS Garvin & Tripp shaH comply with all federal, state, and local laws, codes, ordinances, rules, and regulations as well as all Rules Regulating The Florida Bar in performing its duties, responsibilities, and obligations related to this Agreement. 12.3 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shaH continue to be effective unless County and Garvin & Tripp elect to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 12.4 APPLICABLE LA W AND VENUE Page 12 of20 Agenda Item No. 16K3 October 26, 2004 Page 15 of 22 This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida, Venue for litigation concerning this Agreement shall be in Collier County, Florida. 12.5 PRIOR AGREEMENTS This document supercedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document in accordance with Article 3 above, 12.6 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits A, B, and C are incorporated into and made a part of this Agreement. DATE: ATTEST: Dwight E. Brock, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Page 13 of20 Agenda Item No. 16K3 October 26, 2004 Page 16 of22 By: DEPUTY CLERK By: Donna Fiala, CHAIRMAN Approved as to form & legal sufficiency David C. Weigel, County Attorney DATE: GARVIN & TRIPP By: Its: STATE OF FLORIDA COUNTY OF COLLIER The foregoing Retention Agreement was acknowledged before me this _ day of , 2004, by as of Garvin & Tripp, a Page 14 of20 '~.~-- Agenda Item No. 16K3 October 26,2004 Page 17 of 22 Florida Professional Association, on behalf of the professional association. He/she is personally known to me or produced as identification. Signature of Notary Public Name of Notary Public typed, printed or My Commission Expires: Page 15 of20 >;.JI"''';.''.;;.;¡,"'"'''...."''''';'"""'"·_~";".."'....."''''''''''"~;··,,,..,, Agenda Item No. 16K3 October 26, 2004 Page 18 of 22 EXHIBIT A For professional services rendered, Garvin & Tripps' fee shal1 be based on the hourly rate as follows: Theodore L. Tripp, Jr. & Jeffrey R. Garvin Other Attorneys: Kevin P. Fularzyk Elisa S. Worthington $300.00 per hour $225.00 per hour $200.00 per hour NOTE: Fees for work performed prior to November 1, 2004 shall remain at $275.00 for Partners, $150.00 per hour for Elisa S. Worthington, Esq. and Bruce M. Essen, Esq. and $200.00 per hour for Kevin P. Fularzyk, Esq. Garvin & Tripp' fee shall not exceed $100,000.00 per Purchase Order¿'Case without the approval of the Board of County Commissioners. (Where appropriate a "not to exceed" sum shall be agreed to when each assignment is made to Garvin & Tripp,) ,,-,., In the event that Garvin & Tripp is required or requested to perfonn any additional or extraordinary services not herein contemplated, Garvin & Tripp shall be entitled to apply for additional compensation, the amount of which shall be subject to the approval of County and no such additional compensation in excess of the amount herein stated shall be paid unless specifically authorized in advance in writing by County in its sole discretion. Garvin & Tripp shall provide the annual response to County's auditors regarding pending or threatened litigation and may bill time expended thereon accordingly. The auditors typically request infonnation regarding all litigation, claims and assessments considered to be material. The response should include the nature of the litigation, the progress of the case to date, an estimate of the amount or range of potential loss, and any other information considered necessary to explain the case. Garvin & Tripp shall provide said response within 30 days of receipt of the request. If Garvin & Tripp should find it necessary to associate with any other law firm or attorneys in order to responsibly and professionally provide services on a given project or case, written pre- approval from the Office of the County Attorney shal1 be required. In any such instance, the rates for the associating finn or attorneys shall not exceed those of comparable attorneys and staff of Garvin & Tripp. All billings of the associating firm or attorneys, including all backup and detail, e.g" hours and nature of work perfonned as invoiced, shall be included in the Garvin & Tripp billings. Whenever Garvin & Tripp believes in its professional judgment that a consultant or expert must be retained for purposes of a project or case, Garvin & Tripp shall retain such consultant or Page 16 of20 ,--<-...,+ Agenda Item No. 16K3 October 26, 2004 Page 19 of 22 expert directly following receipt of written approval from the Office of the County Attorney. Fees and costs of such consultants or experts shall be billed to the County through Garvin & Tripp billings with appropriate backup documentation, e.g., hours and hourly rates as invoiced. If, for purposes of any services to be provided under this Agreement, Garvin & Tripp finds it to be prudent or necessary to employ extraordinary technology services or products to be supplied by a third party, the cost of such services or technology will be paid by the County upon the County's prior approval. Such approved services/products shall be invoiced through Garvin & Tripp's billings. NOTES: . Divisions, or departments within such divisions, shall be responsible and pay for legal counsel services relating to litigation and outside counsel specifically for cases, matters or issues relating to such division or department, as determined by the County Attorney in coordination with the County Manager. Page 17 of20 Agenda Item No. 16K3 October 26,2004 Page 20 of 22 EXHIBIT B I. In addition to the charges for professional fees set forth in Exhibit A, and the Schedules attached hereto, County shaH reimburse Garvin & Tripp for out-of-pocket expenses reasonably incurred in the course of rendering such legal services, including costs oflong distance calls, printing, costs of reproduction, and necessary travel expenses incurred in accordance with the requirements of Chapter 112, F.S. Garvin & Tripp shall not charge for travel of attorneys between its offices so that it can provide the best available and most appropriate lawyer in any of its office locations for the issues involved. 2. Garvin & Tripp shall submit invoices on a monthly basis for the payment of out-of- pocket expenses, Each invoice shall include listing all costs, expenses, vouchers, invoices and other documentary evidence that will describe in reasonable detail the basis for expenditures for which reimbursement is sought as set forth below. 3. REQUIREMENTS The following represents Collier County's payment requirements for legal costs );> Your federal employee identification number must be on all invoices submitted. );> The applicable Purchase Order number must be on all invoices submitted. ~ No service, interest, or other charge of like nature is to be imposed with regard to any item, invoice, or request. All finns doing business with ColJier County must have a current W-9 "Request for Taxpayer Identification Number and Certification" on fiJe. );> Services rendered must be specifically and concisely identified, as well as the bond issue or financing transaction for which the services were rendered, );> Names of persons performing services, hourly rates, and dates must be listed. The County agrees to reimburse Garvin & Tripp for retention and utilization of sub-consultants. Page 18 of20 Agenda Item No. 16K3 October 26, 2004 Page 21 of 22 ~ Reimbursable expense must be verified by attached receipts or copies thereof. ~ Claims for mileage and meals cannot exceed statutory allowance as provided for under Chapter 112, F,S. (mileage $0.29 per mile; breakfast $3.00; lunch $6,00; dinner $12.00), Meals and mileage cannot be charged unless the professional has traveled outside the county of the principal business location. ~ Claims for lodging at single rate (actual cost) must be substantiated by paid bill or charge, ~ Car rentals required for travel should include compact or standard-size vehicles only. ~ Common carrier travel shall be reimbursable at tourist or coach class fares only. ~ Accounting Division requires original receipts, or copies of receipts which have been individually certified to be true copies ofthe originals. In addition the Certificate contained in Exhibit D must accompany each invoice. The certifying person must sign the Certification form and a description provided of the items, which are certified. ~ Faxes shall not be reimbursed ~ Legal Research costs (Lexis-Nexis, Westlaw, etc.) shall not be reimbursed. Page 19 of20 Agenda Item No. 16K3 October 26, 2004 Page 22 of 22 EXHIBIT C Page 20 of 20 Agenda Item No. 16K4 October 26, 2004 Page 1 of 5 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to (a) Approve Amendment No. 1 to the Retention Agreement with the Law Firm of Carlton, Fields, Ward, Emmanuel & Smith, P.A., and (b) Specifically Ratify and Authorize the Purchase Order for Services by the Firm in the Case of Collier County v. United Engineering Corporation, Inc., Case No. 04-3363-CA and Related Matters. OBJECTIVE: For the Board of County Commissioners to approve Amendment No.1 to the retention agreement with the law firm of Carlton, Fields, Ward, Emmanual & Smith, P.A. ("Carlton Fields"), and specifically ratify and authorize the purchase order for continued services by the firm in the case of Collier County v. United Engineering Corporation, Inc., Case No. 04- 3363-CA and related matters. ,...-.. CONSIDERATIONS: On or about March 9, 2004, the Board of County Commissioners approved the County's current retention agreement with the law firm of Carlton Fields. As the Board knows, the Carlton Fields firm has provided significant legal services to Collier County for a number of years under various retention agreements, especially in the areas of construction disputes and land use matters. At the time the most recent retention agreement was negotiated, it was agreed that Carlton Fields could seek an amendment of hourly rates in or after September 2004. The attached Amendment No.1 to the current retention agreement reflects the proposed increase negotiated with Carlton Fields. The total increase is approximately 12 'l2% for the hourly rates. The Board will note that Carlton Fields has also agreed that it will not seek any additional increases until after the completion of the initial term of the retention agreement on December 15, 2006. The amendment provides that the County Attorney may negotiate a 10% increase in hourly rates for the two additional one-year on-going tenus allowed under the agreement; however, any greater increases would have to be approved by the Board. FISCAL IMP ACT: Payment for fees under this retention agreement shall come from those Divisions/Departments benefiting from or requiring the services. In instances where the finu services are requested and used solely by the Office of the County Attorney, payment of fees will come from the Office of the County Attorney, Fund No. 001-100510-63110. In the case of the United Engineering Corporation litigation and related legal matters, payment is being made trom the Water Impact Fee Fund No. 411. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board approve Amendment No.1 to the Carlton Fields Retention Agreement in accordance with the previous understanding and agreement with Carlton Fields, and expressly authorize and ratify the purchase order for services related to the United Engineering Corporation litigation and related matters to that litigation and authorize the Chairman to sign Amendment No.1. ,.....-~, - Agenda Item No. 16K4 October 26, 2004 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K4 Recommendation for the Board of County Commissioners to (a) Approve Amendment No. to the Retention Agreement with the Law Firm of Carlton, Fields. Ward, Emmanuel & Smith, P.A., and (b) Specifically Ratify and Authorize the Purchase Order for Services by the Firm in the Case of Collier County v. United Engineering Corporation, Inc, Case No. 04-3363-CA and Related Matters. 10/26/2004 9:00:00 AM Meeting Date Approved By Michael Pettit Chief Assistant County Attorney Date County Attorney County Attorney Office 10/14/20042:30 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 10/15/2004 9:17 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 10/15/200410:35 AM ,.....-, Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 10/15/2004 10:44 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10/15/2004 1 :49 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/15/2004 4:51 PM Agenda Item No. 16K4 October 26,2004 Page 3 of 5 AMENDMENT NO.1 TO MARCH 9, 2004 RETENTION AGREEMENT WITH CARLTON, FIELDS, WARD, EMMANUEL & SMITH, P.A. WHEREAS, the Board of County Commissioners of Collier County, Florida (the "County"), and the law firm of Carlton, Fields, Ward, Emmanuel & Smith, P.A., of Tampa, Florida ("Carlton Fields") entered into a Retention Agreement on or about March 9, 2004 pursuant to which Carlton Fields is to provide legal and professional services to the County at least until and through December 15, 2006 (unless the Retention Agreement is terminated earlier in accordance with Articles 3 and 4 of the Retention Agreement); and WHEREAS, the County and Carlton Fields now desire to amend the Retention Agreement in accordance with prior understandings and Paragraph 1.2 of the Retention Agreement that it would be reopened for purposes of negotiating new hourly rates for Carlton Fields in or after September of2004; NOW, THEREFORE, IN CONSIDERA nON OF THE PREMISES CONTAINED HEREIN, the County and Carlton Fields hereby agree to the following changes in hourly rates for legal and professional services to be provided by Carlton Fields in accordance with the Retention Agreement: 1. Beginning on and after October 26, 2004 and continuing until and through December 15, 2006, the County and Carlton Fields agree that attorneys, paralegals and law clerks assigned to provide legal and professional services to the County shall be compensated either as individuals or generally as follows: Michael F. Nuechterlein Nancy G. Linnan Martha Chumbler Paul J. Ullom Richard B, Campbell George Meyer Other Principals Associates Law Clerks and Paralegals $3 10.00 per hour $300.00 per hour $280.00 per hour $280.00 per hour $280,00 per hour $280.00 per hour $270.00 per hour $225.00 per hour $140,00 per hour ",...-.. Agenda Item No. 16K4 October 26,2004 Page 4 of 5 2. The hourly rates for legal and professional services set forth in Paragraph] of this Amendment No. ] to the Retention Agreement shall and do hereby replace the hourly rates set forth in Exhibit A to the Retention Agreement. 3. The hourly rates for legal and professional services set forth herein shall remain in effect without change or amendment until and through December] 5, 2006, If the parties avail themselves of an additional one year term for the Retention Agreement following December 15, 2006 in accordance with Article 3 of the Retention Agreement, the County Attorney is hereby authorized to negotiate an increase in the hourly rates for legal and professional services up to a maximum of 10% without approval by the Board of County Commissioners. In the negotiation process, Carlton Fields must substantiate the reason the request is being made (i.e., market conditions, increase in CPI, etc.), Any such negotiated rate shall remain in full force and effect for all additional one-year terms of the Retention Agreement contemplated by Article 3. 4. Other than as expressly amended by this Amendment No. 1 to the Retention Agreement, all terms and conditions ofthe Retention Agreement remain in full force and effect. DATE: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST: DvnGHTE.BROCK,CLERK By: DEPUTY CLERK By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency Michael W. Pettit, Chief Assistant County Attorney 2 -.-..-~.._-.~--" Agenda Item No. 16K4 October 26, 2004 Page 5 of 5 CARLTON, FIELDS, WARD, EMMANUEL & SMITH, P .A. DATE: By: Its: STATE OF FLORIDA COUNTY OF The foregoing Amendment No, 1 to the Retention Agreement was acknowledged before me this _ day of , 2004, by as of Carlton, Fields, Ward, Emmanuel & Smith, P,A., a Florida Professional Association, on behalf of the professional association. He/she is personally known to me or produced as identification. Signature of Notary Public Name of Notary Public typed, printed or My Commission Expires: 3 Agenda Item No. 16K5 October 26.2004 Page 1 of 2 EXECUTIVE SUMMARY Approve Selection of Firm for RFP 04·3685 "Court Reporting Services for Collier County" . OBJECTIVE: To obtain Court Reporting Services for Collier County on an as-needed basis in a cost effective manner. CONSIDERA TlONS: The RFP was issued and publicly noticed on 7/28/2004. Twelve (12) firms were solicited and two (2) firms requested the RFP package. One firm submitted a proposal by the required due date of 8/20/2004. This firm, Gregory Court Reporting, has held the previous contract for these services and has provided excellent service during that contract period. .",-" On 9/15/2004 the appointed Selection Committee met to discuss whether to approve this firm for selection, and during the course of discussion, it was determined that there were a couple of issues that were unresolved, including having only one firm on contract. For these reasons it was decided by the Committee that it would be in the best interests of the County to reject all proposals. Subsequent to this decision, the County Attorney reviewed the Selection Committee's recommendation and requested that the Selection Committee reconvene to reconsider the award in light of the business and operational needs of the department. The Selection Committee was reconvened on October 12, 2004. and after discussion of the capabilities and past performance of the firm and operational needs, the committee recommended award of the contract to Gregory Court Reporting as the available qualified firm. FISCAL IMPACT: Funding is to come from the department from which the required services initiated. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDA TION: That the Board of County Commissioners approve the selection of Gregory Court Reporting Services, Inc. PREPARED BY: David C. Weigel County Attorney ..--.., ".-..",,"",'....,""".,..,.""" ""',,,",,_.,,,,,,,",-,,,,,,,,," Agenda Item No. 16K5 October 26, 2004 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K5 Meeting Date Approve Selection of Firm for RFP 04-3685 "Court Reporting Services for Collier County" 10/26/20049:00:00 AM Prepared By Date David C. Weigel County Attorney 10/15/20043:20:34 PM County Attorney County Attorney Office Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 1 0/15/2004 11 : 54 AM Approved By Kelsey Ward Senior Purchasing and Contracts Agent Date Administrative Services Purchasing 10/15/20043:29 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 10/16/20047:54 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 10/19/200410:40 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10/19/2004 2:54 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/19/20045:56 PM '--'.-." --.--.,.,--, Agenda Item No, 16K6 October 26, 2004 Page 1 of? EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE SETTLEMENT IN KELLY v. COLLIER COUNTY, CASE NO.: 02-4393-CA, PURSUANT TO WHICH THE COUNTY WOULD PAY $18,000 AND ALL CLAIMS AGAINST THE COUNTY WOULD BE RELEASED. SAID $18,000 SETTLEMENT WAS ARRIVED AT DURING SETTLEMENT NEGOTIATIONS AND PRIOR TO ARBITRATION. OBJECTIVE: That the Board of County Commissioners approve the settlement in Kelly v. Collier County, Case No. 02-4393-CA, pursuant to which the County would pay $18,000 and all claims against the County would be released. Said $] 8,000 settlement was arrived at during settlement negotiations and prior to Arbitration. CONSIDERATIONS: At 3:30 p.m. on October 29, ]998, Plaintiff Kelly, the seat-belted driver of a van, was proceeding on Pebble Beach Boulevard, at the intersection of Bay Meadows Drive. The van's left front wheel struck a sanitary sewer hole cover that was either partially off or came off upon contact. The sanitary sewer cover struck the van causing the van to go out of control and strike a palm tree in the front yard of an adjoining property owner. Investigation disclosed that the sanitary sewer cover was found in the front yard of an adjoining property. Collier County EMS removed Kelly to the Naples Community Hospital. The van was totaled as a result of the accident. The available medical records disclosed that Kelly sustained a closed head injury and mild post- concussion syndrome, cervical sprain, myofacial pain, cervical spasm and mixed headache disorder. The medical report also surmised a mild C5-6 disc protrusion with nerve root involvement. Additionally, there was a finding of lumbosacral strain, lumbar facet syndrome and L4-5 disc protrusion with right, more than left, L-5 nerve root involvement. At the time of the accident, the Plaintiff was 70 years of age. The property damage to the van was approximately $5,000 and medical bills were approximately $8,000. On October 30, 1998, the area around the manhole was repaired. Based upon the happening of the accident, the serious injuries received, the property damage and medical bills incurred, settlement in the sum of $18,000 is reasonable. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: The settlement offer recommended by staff amounts to $18,000. Funds are budgeted and available in the Risk Management Property and Casualty Fund. The settlement will result in a substantial savings of future litigation costs, as well as the probability of a much higher jury award. RECOMMENDATIONS: That the Board of County Commissioners approve a settlement with the principal terms set forth in this Executive Summary and authorize the Chainnan of the Board of County Commissioners to execute all necessary settlement documents. ,....... PREPARED BY: William E. Mountford, Assistant County Attorney -,..".,.-....... '''''''..... '...~.._,"',....,'.~-,,-- Agenda Item No. 16K6 October 26, 2004 Page 2 of 7 Agenda Item No. 16K6 October 26, 2004 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K6 Recommendation That The Board Of County Commissioners Approve The Settlement In Kelly V. Collier County, Case No.: 02-4393-Ca, Pursuant To Which The County Would Pay $18,000 And All Claims Against The County Would Be Released. Said $18,000 Settlement Was Arrived At During Settlement Negotiations And Prior To Arbitration. 10/26/20049:00:00 AM Meeting Date Prepared By Date William Mountford Assistant County Attorney 10/15/200411:58:50 AM County Attorney County Attorney Office Approved By Deborah D. Allen Legal Office Administrator Date County Attorney County Attorney Office 10/15/200412:04 PM Approved By Jeffrey A. Walker, CPCU, ARM Risk Management Director Date Administrative Services Risk Management 10/15/2004 1 :39 PM Approved By ,.- David C. Weigel County Attorney Date County Attorney County Attorney Office 10/15/20041:39 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 10/15/2004 1 :50 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1 0/15/2004 1: 59 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/15/2004 5:37 PM Agenda Item No. 16K6 October 26, 2004 Page 4 of 7 SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on this day of , 2004 by and between Robert Kelly, (hereinafter referred to as "Plaintiff") and Board of County Commissioners For Collier County (hereinafter referred to as the "County"). WIT N E SSE T H: WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, styled Robert Kelly v. Collier County, Florida, Case No. 02-4393-CA (hereinafter referred to as the "Lawsuit"); and, WHEREAS, Plaintiff and the County, without either of them admitting any liability or fault, desire to settle the Lawsuit and any and all disputes that arise from, relate or refer in any way, whether directly or indirectly, to the incidents described or allegations made in the Complaint filed in the Lawsuit; and, WHEREAS, Plaintiff and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Plaintiffs and the County agree as follows: 1. Plaintiff and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement and Release. Agenda Item No. 16K6 October 26. 2004 Page 5 of 7 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and in consideration of the sum of Eighteen Thousand Dollars ($18,000.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff, Plaintiff agrees to dismiss the Lawsuit with prejudice. 3. In consideration of the resolution of the Lawsuit, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Plaintiff, on behalf of herself, as well as on behalf of her attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby expressly releases and forever discharges the County, as well as its elected officials, officers, employees, ex-employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that he has asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation referred to or made in the Complaint in the Lawsuit. 4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this Agreement and Release, Plaintiff and the County agree that either of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce the terms and conditions ofthis Agreement and Release. 5. Plaintiff and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 2 ..--,,"---- Agenda Item No. 16K6 October 26,2004 Page 6 of 7 6. Plaintiff and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either Plaintiff or the County. 7. Plaintiff and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 8. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 9. In the event of an alleged breach of this Agreement and Release, Plaintiff and the County agree that all underlying causes of action or claims of Plaintiff have been extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, Plaintiff and the County further agree that the sole venue for any such action shaH be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 10. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, Plaintiff and the County have signed and sealed this Agreement and Release as set forth below. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 3 Agenda Item No. 16K6 October 26,2004 Page 7 of 7 By: Donna Fiala, Chairman Date: Robert Kelly, Plaintiff Date: THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Robert Kelly, before me, this day of , 2004. Signature of Notary Public Personally Known or Produced Identification Commissioned Name of Notary Public (Please print, type or stamp) Type of Identification Produced My Commission expires: Approved as to form and legal sufficiency: William E. Mountford Assistant County Attorney 4 Agenda Item No. 17 A October 26,2004 Page 1 of 29 EXECUTIVE SUMMARY SE-2004-AR-5430, An Ordinance amending Ordinance No. 2000-79, the Hammock Park Commerce Centre Planned Unit Development (PUD) to correct a scrivener's error due to an omission of an intended revision to the legal description contained within the PUD document and to correct the PUD name within the Ordinance listed as "Hammock Park of Commerce," which should read as "Hammock Park Commerce Centre"; for the property located in Section 14, Township 50 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCe) correct a scrivener's error within the legal description contained within the PUD document and to correct the PUD name listed within the Ordinance as "Hammock Park of Commerce" which should be "Hammock Park Commerce Centre" authorized by Ordinance 2000-79 (the Hammock Park Commerce Centre PUD) that is consistent with the Collier County Growth Management Plan (GMP) and the Land Development Code. CONSIDERATIONS: ,._'- The Board of County Commissioners on November 28,2000 approved Ordinance Number 2000- 79. This action provided for the establishment of the Hammock Park Commerce Centre PUD. Zoning & Land Development Review Staff subsequently discovered that an incorrect Legal Description and PUD name was unintentionally referenced in the PUD document and Ordinance respectfully. 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 contained within the PUD document and the PUD name reference within Ordinance 2000-79 that was approved by the Board of County Commissioners. Therefore, this change by and of itself will have no fiscal impact on the County. In addition, the County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public faciJities. 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. ,- Executive Summary SE·2004-AR·5430 1 Agenda Item No. 17 A October 26, 2004 Page 2 of 29 GROWTH MANAGEMENT IMP ACT: The original petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP, this scrivener's error is only to correct the legal description contained within the PUD document and the PUD name reference within Ordinance 2000-79 that was approved by the Board of County Commissioners. PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners (BCe) approve the scrivener's error correction to Ordinance Number 2000-79. PREP ARED BY MIKE BOSI, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW Executive Summary SE-2004-AR-5430 2 Item Number Item Summary Meeting Date Agl'mda Item No. 17 A October 26. 2004 Page 3 of 29 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17A This rtem requires that all participanlG be sworn in and e): palte diGcloGure be provided by Commission Mlembl.H$, SE··04·AR·54JO an Ordin~f1t:e amending Drdinance 2000· ]9. tile HaNII1)Ock Pitrk Comrnl~n;e c.entre pu~ to cotle(:t JJ 'liCriVE1nl!r's tWOf due to ðf1l)!TIi·ui'.)1I <of an intended rf!vision to th., If!gal descriptio/"! cOI,ta;ned within the PUD dor.ument and to correct thf! pun name withit' tin· Ordinance listed as "Hammock Parie of Commerce", which ShDUld bt!: ''H¡¡¡!T\rI1Ock P¡¡rk Conllne-ree CIHltre"; for t~lt! property I!)[;:!tltd ilit it) Sf:!:til)11 1"', T()wl'!.t!ìp 50 South, RBI1t:;;6 E8!1t, Collier CDlmty. Florida.. 10i26/2004 9:00:00 AM Prepared By ì'rifldpul PI¡¡rH'Iel 9/11/200411:40:04 AM Mike l3o$i, AICP Communtty D~veopment & fn...¡rotlm~ntJII¡ Servlce-~ Dot. Zoning t. Land Developm~nt A:eview Oate Approved By MikE Bosi. AIC? Community Development & Envìronmental ServicEs Principal PI<IIuler ZonitlQ & L,¡md Dellclopml!'llt Review 91171200411:39 AM Chief !"'Ianner o.te Approved By R..y Bellows Communtty Dev~opmÐnt & Environm<!:nla~ Servic4Is Zoning & Land Onv¡elopment Rflview 9120/200412:25 PM Date Approved By Sandt31.t:a COff'llnuf'llty Dr.vclopm~n1 & Environrnltntal Service',s E.xe-cutillC" Secret3ry Cmnmunj1:y Dr.valDpmenl 8. Env;ronmC'otal S6rvices Admin. 9/241100411:35 AM Zoning & l.and Deyelopmt!nt Director D.t~ Approved By Susan Murray. AICP COlllmutlity CeveloJr)ent & Envirf.'lnmf':ntul S~r}/il;f!$ Zoning &. L.al'ld Oevelopnlent Review 9128/1004 3:Q6 PM Date Approved By JostO!\ph K. Schmit! CommUJ1lty Dr.v,~lnpmp.n1 8- En\lironrne-ntal Services Commut"fi1y DC'\leloprmmt & Environmental Service!\. Adminatrator C(lmmunlty Devitlopm~OI & El1vironme-ntal S(!lvkœs Admin. 9126i2004 3211 PM Aðmini5tr.tiv~ Ässirrtan1 Dat~ Approved By Pi'ft l~hn¡'ard County Manager's Offic.e Officf1 of ManaQ~menl 8. Budget 9/29/20011 '10:05 AM M¡¡¡tk Isuclw<:m Date Approved By County M"haYI~"s Otfie:e Budg&t Analyst Office of Munagernen1 & BIJr!gfrt 9f1i¡'2004 2:10 PM Approved By Michaef .stnykow~k' Cr.1ünty Manager's Office M.ll'lage:fnefll & Budget Oir~wtor Dal~ Offico of Management & BUdget 9/30120049:07 AM CounlY Mar.lIger D..te Appro"ed By James V. Mudd Hoard Dr County Comm$l.ion~tlI Co\trlty Manôlgf!r'$ Office 913012004 1:66 PM _. Agenda Item No. 17 A October 26.2004 Page 4 of 29 ORDINANCE NO. 04-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 2000-79, THE HAMMOCK PARK COMMERCE CENTRE PUD TO CORRECT A SCRIVENER'S ERROR DUE TO OMMISSION OF AN INTENDED REVISION TO THE LEGAL DESCRIPTION AND TO CORRECT THE PUD NAME LISTED AS "HAMMOCK PARK OF COMMERCE" WHICH SHOULD BE "HAMMOCK PARK COMMERCE CENTRE; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of Commissioners adopted Ordinance No. 2000-79, on November 28, 2000, and; WHEREAS, following said action adopting Ordinance No. 2000-79, Planning Staff detennined that Exhibit "A" of the Hammock Park Commerce Centre PUD Document transmitted to the Department of State did not contain the correct legal description and did not contain the correct PUD name that was otherwise intended and made a part of the public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO CORRECT THE NAME OF THE PLANNED UNIT DEVELOPMENT IN THE TITLE OF ORDINANCE NO. 2000-79: Ordinance Number 2000-79, is hereby amended to correct a scrivener's error in the Ordinance Title by correcting the planned unit development name to read as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 0614S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS "HAMMOCK ~ g¡:¡... COMMERCE" "HAMMOCK PARK COMMERCE CENTRE", LOCATED IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 18.l5± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. SECTION TWO: SCRIVENER'S ERROR AMENDMENT TO CORRECT THE NAME OF THE PLANNED UNIT DEVELOPMENT IN SECTION ONE OF ORDINANCE NO. 2000-79. Page 1 of 2 Words atmek thr91igR are deleted; words underlined are added. Agenda Item No. 17 A October 26, 2004 Page 5 of 29 SECTION ONE: The zoning classification of the herein described real property located in Section 14, Township 50 South, Range 26 East, Collier County, Florida, is changed fom"A" Agricultural to "PUD" Planned Unit Development in accordance with the Hamæeelc Pafk- eí- CeR1fRllf'e8 Hammock Park Commerce Centre PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 06l4S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION THREE: SCRIVENER'S ERROR AMENDMENT TO SECTION I, PROPERTY OWNERSHIP AND DESCRIPTION Paragraph 1.2, Legal Description, of Section t, Property Ownership and Description, of Ordinance Number 2000-79, is hereby amended to correct a scrivener's error by amending a portion of said Paragraph to read as follows: 1.2 LEGAL DESCRIPTION: * * * * * * * * * * * * * * * * * * * O.R. 1708, Page 1667 The South 1/2 of the South 1/2 of the Southwest 1/4 of the Southwest 1/4. of Section 14, Township 50 South, Range 26 East, Collier County, Florida, less the west 100 feet thereof for road right-of-way. 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. ATTEST: D~GHTE.BROCK,CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN Approved as to Form and Legal Sufficiency: ì1ì~ÒÔl' ~ MarJo M. Student Assistant County Attorney SE-2004-AR-S430IMB/sp Page 2 of 2 Words awell threl:lgli are deleted; words underlined are added. Agenda Item No. 17 A October 26,2004 Page 6 of 29 ORDINANCE NO. 2000- 79 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 0614S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRffiED REAL PROPERTY FROM "A" AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS "HAMMOCK PARK OF COMMERCE", LOCATED IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA, CONSISTING OF IS.15± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS. Mitchel A. Hutchcraft of Vanasse & Daylor, LLP, representing John B, McMullen, 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: SECTION ONE: The zoning classification ofthe herein described real property located in Section 14, Township 50 South, Range 26 East, Collier County, Florida, is changed from "A"AgricQltµral to . --: t "PUD" Planned Unit Development in accordance with the Hammock Park of ColIUÎ1erce ~".,'1 Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Offic:Jat . Zoning Atlas Map Number 06148, as described in Ordinance Number 91-102, th~'C01lier' :. ...~ .. j , . ,...) County Land Development Code, is hereby amended accordingly. SECTION TWO: c.:..~., ("1 ~ r>1 '-oJ -_. . This Ordinance shall become effective upon filing with the Department of State. -1- Agenda Item No. 17 A October 26, 2004 Page 7 of 29 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this átS'i:.A day of /VÔ 1I"C.n1.b ~ý .2000, " , ......II.H".,.... . ..··'·',ATTESi>", {<;~,::~i~\~. ~ ll(!. ~ :: . DWIGHT E)3,ROCK, Clerk ,. ~. _ ·Attest IS tò/~.. .: SiJnatu~'o.A1J. , A¡)J)tôv~d as to Fonn and Legal Sufficiency OJ} b t )líUC })) ;¿/á ú:Ù' fel MaJjorie M. Student Assistant County Attorney slldminIORDINANCElPUD-99-2SICBlim BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY, ~ JAMES D, TER, Ph.D" CHAIRMAN This ordinance filed with the Secretory of ~s Office the -ø--day of ___, ~~ and acknowledgement of that tili~ed this úlr:&. day of , %.-.ø ~ ./ By t:~~~ Deputy c..... -2- -.-.__._-----~_._~--------- Agenda Item No. 17 A October 26, 2004 Page 8 of 29 PLANNED UNIT DEVELOPMENT DOCUMENT FOR Hammock Park Commerce Centre PUD A PLANNED COMMERCIAL DEVELOPMENT Prepared by: Vanasse & Daylor, LLP 12730 New Brittany Blvd., Suite 600 Fort Myers, FL 33907 Date Reviewed by CCPC: Date Approved by BCC: 1t/ð1/'(.~ d-.i: :;I-ð~ Ordinance Number: .)..OOD - ?éJ I Exhibit A Hammock Park Commerce Centre PUD 11/29100 ~ ._~--- .-~--_._._-_._- TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION I Property Ownership & Description SECTION II Project Development SECTION III Community Commercial District SECTION IV General Development Commitments LIST OF EXHIBITS EXHIBIT "A" PUD Master Plan _ _ __._u_______ .._~--_._---_.~_._-_.- ._----~~- Agenda Item No. 17 A October 26, 2004 Page 9 of 29 PAGE 1 2 4 9 14 Hammock PIIrk Commerce Centre PUD 11/29/00 ------------.---...-...-- Agenda Item No. 17 A October 26, 2004 Page 10 of 29 STATEMENT OF COMPLIANCE The development of approximately 18.15 +1- acres of property in Section 14, Township 50 South, Range 26 East, Collier County, as a Planned Unit Development to be known as Hammock Park Commerce Centre 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 retail commercial and office facilities of the Hammock Park Commerce Centre PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is located within the northeast quadrant of the CR 951/Rattlesnake Hammock Road Mixed Use Activity Center Land Use Designation as identified on the Future Land Use Map. The permitted uses are described in the Activity Center Sub- district of the Urban - Commercial District in the Future Land Use Element (FLUE). This category described in the Future Land Use Element permits a full mix of residential and non-residential land uses in this area. This strategic location allows the site superior access for the location of retail commercial and office land uses. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land use as required in Objective 2 of the Future Land Use Element. 3. 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. 4. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 5. All final development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. 6. The project has access from both CR 951 and Rattlesnake Hammock Road. Further, the access points will be consistent with the adopted Access Management Plan for Mixed Use Activity Center #7, which encourages shared access points along CR 951, and is further described in Policy 4.4 of the Future Land Use Element. 7. Where possible, Hammock Park Commerce Centre will 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. 8, The project will be served by a complete range of services and utilities as approved by the County. 9. No residential uses are being requested for this PUD. Hammock P8II< Commørce Centre PUD Page 1 01 18 09/20100 ---~ --_._---~- Agenda Item No. 17 A October 26,2004 Page 11 of29 SECTION 1 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 name of Hammock Park Commerce Centre PUD. 1.2 LEGAL DESCRIPTION A parcel of land located in the southwest 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: O.R.1573, Page 355 The North one-half (N1/2) of the South one-half (S1/2) of the Southwest one-quarter (SW1/4) of the Southwest one-quarter (SW1/4) less the West 100 feet of roadway for County Road 951; Section 14, Township 50 South, Range 26 East, Collier County, Florida and the West 80 foot parcel of the South one-half (S1/2) of the Southeast one-quarter (SE1/4) of the Southwest one- quarter (SW1/4); Section 14, Township 50 South, Range 26 East, Collier County, Florida. O.R.1708, Page 1667 The South 1/2 of the South112 of the Southwest 1/4 of Section 14, Township 50 south, Range 26· East, Collier County, Florida, less the west 100 feet thereof for road right-of-way. Containing 18.15 acres, more or less. Subject to easements, reservations or restrictions of record. (LEGAL DESCRIPTION IS BASED UPON THE BEARINGS AND DISTANCES FROM A BOUNDARY SURVEY BY BBLS SURVEYORS & MAPPERS, INC.) 1.3 PROPERTY OWNERSHIP The subject property is currently owned by John B and Dora A. McMullen. Hammock PaItc Commerce CanIra PUD Page 20118 09120100 -------..- Agenda Item No. 17 A October 26, 2004 Page 12 of 29 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the northeast quadrant of the intersection of Rattlesnake Hammock Road and CR 951 of unincorporated Collier County, Florida. The Subject property is located within a Mixed Use Activity Center as designated on the Future Land Use Map. B. The property is currently vacant. The entire site has A Zoning. 1.5 PROJECT DESCRIPTION The Hammock Park Commerce Centre PUD will include a mixture of land uses for retail commercial and office land uses. The Hammock Park Commerce Centre PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. The Concept Plan is illustrated graphically on Exhibit "A" PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the Master Plan. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Hammock Park Commerce Centre Planned Unit Development Ordinance." Hammock Park Commerce Centre PUO Page 3 of 18 09/20100 -----.--- - Agenda Item No. 17 A October 26, 2004 Page 13 of29 SECTION II PROJECT DEVELOPMENT 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 Hammock Park Commerce Centre PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of final local development order or building permit application. Where these regulations fail to provide developmental standards. then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. C, All conditions imposed and graphic material presented depicting restrictions for the development of the Hammock Park Commerce Centre PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for this PUD remain in full force and effect, E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either the Final Site Development Plan approval, Final Plat approval, or building permit Issuance applicable to this development. 2.3 PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A", PUD Master Plan. B. Minor modifications to Exhibit "A~ may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. ,- Hammock Park Commerce Centre PUD Page 40118 09120100 --.--...... Agenda Item No. 17 A October 26,2004 Page 14 of 29 C. In addition to the various areas and specific items shown in Exhibit "An, easements (such as utility, private and semi-public) shall be established and/or vacated within or along the property, as may be necessary. 2.4 LAND USE A. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida, B. The provisions of Division 3,3. Site Development Plans, of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Collier County Land Development Code. 2.6 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunsetting provisions as provided for within Article 2, Division 2.7, Section 2.7.3.4 of the Collier County Land Development Code. 2.7 PUD MONITORING An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 2.8 DEDICATION AND MAINTENANCE OF FACILITIES The Developer shall create appropriate property ownership association(s) that will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. Hammock Pall< Commerce Centre PUD Page50r 18 O9f201OO --.-----. ..-.----.---- Agenda Item No. 17 A October 26,2004 Page 15 of 29 2.9 OPEN SPACE REQUIREMENTS A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space, pursuant to Article 2, Division 2.6, Section 2.6.32 of the Collier County Land Development Code. The total project is 18.15 +1- acres requiring a minimum of 5.4 acres to be retained as open space throughout the Hammock Park Commerce Centre PUD. This requirement shall apply to the entire development area, including the individual development parcels. The requirement does not apply to individual development parcels as long as it can be shown that the required open space is found throughout the development area. 2.10 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Article 3, Division 3.9, Section 3.9.5.5.4 of the Collier County Land Development Code, 15% of the viable naturally functioning native vegetation on site shall be retained. 2.11 SIGNS Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land Development Code. 2.12 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5,7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Engineering Review Manager. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5,7.3,1; however, removal of fill from Hammock Park Commerce Centre shall be limited to an amount up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2.13 EXCAVATION AND VEGETATION REMOVAL A. improvement of property shall be prohibited prior to issuance of a building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under the Land Development Code or other applicable County regulations. Exceptions to this requirement may be granted by the Community Development and Environmental Services Administrator for an approved Subdivision or Site Development Plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, 10 minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the standards of Section 3.2.8.3.6. of the Land Development Code. Removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. Hammock PaI1c Commerce Centre PUD Page 6 Dr 18 09120100 Agenda Item No. 17 A October 26, 2004 Page 16 of 29 8, A site clearing, grading, filling and revegetation plan, where applicable, shall be submitted to the Community Development and Environmental Services Administrator or his designee for review and approval prior to any clearing, grading or filling on the property. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the improvement plans incorporate and retain native vegetation. The site specific clearing, grading, and filling plan for a Subdivision or Site Development Plan may be considered for review and approval under the following categories and subject to the following requirements: 1. Removal of exotic vegetation is permitted upon receipt of a vegetation removal permit pursuant to Division 3.9 of the Land Development Code. Additional site alteration may be permitted or required to stabilize and deter reinfestation by exotics subject to the following: a. Provision of a site filling and grading plan for review and approval by the County; b, Provision of a revegetation plan for review and approval by the County; c. Payment of the applicable review fee for site alteration plan review. 2. Site filling exceeding 25 acres to properly utilize fill generated on site, but which does not require the removal of more than 25 acres of protected vegetation, may be approved by the Community Development and Environmental Services Administrator subject to submission of the following: a. A site clearing plan shall be submitted for review and approval that shows the acres to be cleared. A minimum of 15% of the natural functioning vegetation shall be retained unless otherwise permitted. b. The applicant shall submit a detailed description of the fill and site work activities including a plan indicating fill placement locations and depths, grading plan and water management improvements, c. The applicant shall submit a detailed revegetation plan including a cost estimate. The cost estimate shall include the cost of grading, revegetation and yearly maintenance cost and a time specific schedule on completion of the revegetation work. Hammock PaI1c Commerce Centre PUD Page 7 of 18 09/20/00 -----~---- .. ,- Agenda Item No. 17 A October 26, 2004 Page 17 of 29 d. The permittee shall post a surety bond or an irrevocable standby letter of credit in an amount of 110% of certified cost estimate as previously detailed including the maintenance cost for 3 years. The amount of the security may be reduced upon completion of the approved revegetation plan and upon occupation of the site. A separate security will not be required if such costs are included in subdivision security. 3. A vegetation removal permit is not required for the removal of protected vegetation prior to building permit issuance if the conditions set forth in Division 3.9 of the Land Development Code have been met. 2.14 ARCHITECTURE AND SITE DESIGN All buildings, signage, lighting, landscaping and visible architecture infrastructure shall have a similar architectural theme and be 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 walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. All commercial buildings shall comply with Division 2.8 of the Collier County Land Development Code Architectural and Site Design Standards and Guidelines in effect at the time building permits are issued. Hammock PIUk Commerca Centre PUD Pagø80118 09120100 ----.-------.. ----_.- -.-.------..-- --~.._-""~--- _'"'"_"<"""_"'M'~"_K,O~'",,___~.. .---.--- Agenda Item No. 17 A October 26, 2004 Page 18 of 29 SECTION III COMMUNITY COMMERCIAL DISTRICT 3.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Hammock Park Commerce Centre PUD designated on Exhibit "A", PUD Master Plan as "Commercial". 3.2 GENERAL DESCRIPTION A. There is one area designated as "Commercial" on the Master Plan. This "Commercial" area is intended to accommodate different ranges of retail and office uses, essential services, and customary accessory uses. B. The approximate acreage of the "Commercial" parcel is as follows: Parcel: Property Acreage: 18.1± Use: Retail and Office Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. Commercial tracts are designed to accommodate internal roadways, open spaces, lakes, water management facilities, and other similar uses. C. Within the Hammock Park Commerce Centre PUD, up to a maximum of two hundred thousand (200,000) square feet of retail and office uses are allowed. Land uses for the development may be permitted as generally outlined below. Hammock Park Commerce Centre PUD Development Program "Up to fifty thousand square feet of office space may be converted from the total two hundred thousand square feet of retail space as allowed by the following conversion table. Hammock Park Commen:e Canúa PUD Page 9 0118 09I21l1OO Agenda Item No. 17 A October 26, 2004 Page 19 of 29 Land Use Conversion Table Current Proposed Conversion Example: Land Use Land Use Rate OHice Retail 0.398 1,000 sf of Office 398 sf of Retail OHice Restaurant 0.165 1,000 sf of Office 165 sf of Restaurant Retail OHice 2.51 1.000 sf of Retail 2510 sf of Office 3.3 PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Amusement and Recreation Services, Indoor only (Groups 7911-7941, 7991, 7993,7997,7999) 2, Apparel and Accessory Stores (Groups 5611, 5621, 5631. 5641,5651, 5661, 5699) 3. Automotive Repair, Services and Parking (Groups 7514, 7542) All uses are prohibited within 500 feet from the easterly right-of-way line of C.R. 951. 4. Building Construction - general contractors (groups 1521 -1542). 5. Building Materials, Hardware, Garden Supply (Groups 5231, 5251, 5261) 6. Business Services (Groups 7311,7323,7334,7335,7336,7338,7352,7359, 7371-7379,7384,7389) 7, Communications (Groups 4832, 4833) 8. Construction - special trade contractors (Groups 1711-1793, 1796, 1799) 9. Depository Institutions (Groups 6011-6099) 10. Eating and Drinking Places (Groups 5812, 5813 except contract feeding, food service and industrial feeding) 11. Engineering, Accounting and Management (Groups 8711-8721, 8741, 8742, 8748) 12. Food Stores (Groups 5411, 5421, 5441 , 5451, 5461, 5499) 13. Funeral Service and Crematories (Group 7261) Hammock Pari< Commerce Centre PUD Page 10 of 18 09120100 -------. --. ---.-.-----..-.. Agenda Item No. 17A October 26, 2004 Page 20 of 29 14. Gasoline service stations (5541 subject to Section 2,6.28 of the Land Development Code) 15. General Merchandise Stores (Groups 5311 , 5331, 5399) 16. Hardware Stores (5251) 17. Health Services (Groups 8011-8059) 18. Home Furniture, Furnishings, and Equipment Stores (Groups 5712, 5713, 5714,5719,5722,5731,5734,5735,5736) 19. Hospitals (Group 8062) 20. Hotels and Motels (Group 7011) 21. Insurance Agents, Brokers and Service (Group 6411) 22. Membership Organizations (Groups 8641, 8661) 23. Miscellaneous Repair Services (Groups 7622, 7623, 7629, 7631, 7641) (Group 7699 with approval of Current Planning Manager who shall be guided by the objective of allowing uses that are compatible with existing development.) All uses are prohibited within 500 feet of the easterly right-of- way line of C.R. 951. 24. Miscellaneous Retail (Groups 5912, 5921, 5932, 5941-5949, 5984, 5992, 5993,5999) 25. Motion Pictures (Groups 7832-7833) 26. Museum, Art Galleries (Group 8412) 27. Non-Depository Credit Institutions (Groups 6141,6159, 6162, 6163) 28, Offices (All Groups) 29. Personal Services (Groups 7211-7212,7215,7219,7221,7231,7241,7251, 7291) 30. Restaurants (All Groups) 31. Real Estate (Groups 6531, 6541, 6552) 32. Social Services (Group 8351) 33. United States Postal Service (Group 4311) 34. Veterinarian's Office (Group 0742, except no outside kenneling) Hammock Park Commerce Centre PUD P80e 11 0118 09120100 Agenda Item No. 17 A October 26, 2004 Page 21 of 29 35. Any other use which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible in the district. 3.4 ACCESSORY USES AND STRUCTURES A. Uses and structures that are accessory and incidental to uses permitted. B. Any other accessory use which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible. 3.5 DEVELOPMENT STANDARDS FOR PARCELS 1. 2 AND 3 A. Minimum lot area: Ten thousand (10,000) square feet. B. Minimum lot width: One hundred (100) feet. C. Minimum yard requirements: 1. Front yard: Twenty-five (25) feet. 2. Side yard: Zero for common or abutting walls, otherwise one-half the height of the building, but not less than ten (10) feet. 3. Rear yard: Twenty (20) feet. D. Distance between principal structures: The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one half the sum of their heights, whichever is greater. E. Minimum floor area of principal structure: seven hundred (700) square feet per building on the ground floor. F. Landscaping and Off-Street Parking shall be in accordance with the Collier County Land Development Code, as amended. G. Maximum height: Fifty (50) feet. H. General application for Setbacks: Front yard setbacks shall comply with the following: 1. If 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. 3. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. Hammock Pari< Commen::e Centre PUD Page 120118 09120100 ~'._-,.--_._--_.- Agenda Item No. 17 A October 26, 2004 Page 22 of 29 I. All buildings, landscaping and visible infrastructures shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design and similar use of materials and colors on all of the buildings to be erected on site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual landscape plan for the entire site shall be submitted concurrent with the first application for Site Development Plan approval. J. Outside storage or display of merchandise is prohibited unless it is ancillary to a permitted use, and screened from view from adjacent public roadways. Outside storage may be approved by the Current Planning Manager as part of the approval of an SOP. K. The FP&L easement may be used for ancillary uses such as parking, storage, service drives, and water management, provided written authorization for those uses is obtained from FP&L and submitted with the application for SOP. Hammock Pari< Commen:e Centre puo Page 13 of 18 09120100 -_._._._..._-~~----_.. -.. -.-..-..------- Agenda Item No. 17 A October 26, 2004 Page 23 of 29 SECTION IV GENERAL DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the standards for development of the project. 4.2 GENERAL All facilities shall be constructed in strict accordance with the 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 of the developer is bound by the commitments within this agreement. 4.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. 4.4 WATER MANAGEMENT A. Excavation permits will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site. B. Detailed paving, grading and site drainage 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 Engineering Review Services. Hammock PaI1< Commerce Cenlle PUD Page 14 of 18 09120100 ._----~_._-.--.~--_._--_..~-- -.-----,...-... ... .~-~---_.._..._.,,,.- Agenda Item No. 17 A October 26, 2004 Page 24 of 29 C. In accordance with the Rules of the South Florida Water Management District (SFWMD). Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. D, Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. E. The proposed stormwater management system for the project will outfall to the existing drainage canal running along the site's western boundary line, 4.5 TRANSPORTATION A. The developer shall provide a fair share contribution toward the capital cost of a traffic signal, including interconnection where appropriate, at any future major access that serves the project if warranted by the County. The signal will be owned, operated and maintained by Collier County. B. The developer shall provide any required arterial level street lighting at the project entrance prior to the issuance of a Certificate of Occupancy. C, The Project entry from CR 951 will be along the project's western boundary and designed to encourage shared access within the development, as depicted on the Access Management Plan for this Activity Center. D. The project shall be designed to accommodate an interconnection to the property to the north as shown on the PUD Master Plan. 4.6 UTILITIES A. Water distribution, sewage collection and transmission facilities to serve the project are to be designed. constructed, conveyed, owned and maintained in accordance with Collier County Ordinance 97-17, as amended, and other applicable County rules and regulations. 4.7 ENGINEERING A. Except as otherwise provided within this PUD document, this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. The subdivision of property into three (3) or more parcels, shall conform with applicable state laws pertaining to platting. Hammock Parl< Commerce Centre PUD Page 15 of 18 09l2OI00 ..------ Agenda Item No. 17 A October 26, 2004 Page 25 of 29 4.8 BUFFERS The Hammock Park Commerce Centre PUO shall provide perimeter buffering consistent with the following table: Direction: North: South: East: West: Adlacent Use Vacant Agriculturally zoned land Rattlesnake Hammock/Sports Park Rd, Vacant Agriculturally Zoned Land CR 951 and canal Buffer Tvoe: "A" no" "A" "0" 4.9 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and is subject to review and approval by Current Planning Section Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B, Buffers shall be provided around retained wetlands, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of the wetlands, Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and shall be subject to review and approval by Current Planning Section Staff. D. The Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and the 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 Current Planning Section Staff for review and approval prior to Final Site Plan/Construction Plan approval. E. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Section Staff for review and approval prior to Final Site Plan/Construction Plan approval. F. The project shall comply with the environmental sections of the LOC and the Growth Management Plan in effect at the time of final development order approval. G. An Environmental Impact Statement (EIS) addressing existing conditions and anticipated environmental impact(s) has been submitted as part of this PUD document. Hammock Pari< Commerce Centre puo Page 160118 09120100 --------"..--., Agenda Item No. 17A October 26, 2004 Page 26 of 29 H. Landscape design plans will be submitted during the review process to Collier County Project Review Services. A minimum of 1.78 acres of native vegetation will be re-planted on site, per the Collier County land development requirements. Preservation is not feasible due to the extreme density of Melaleuca. The plantings will be installed along the northern and western perimeters, as well as various areas in the central portion of the project. All three strata will be re-created. with at least 14' to 16' trees used in the canopy (7'-8' crown spread), 5-gallon shrubs used in the midstory and 1-gallon plants used for groundcover. Hammock PaIIc Commerce Centre PUD Page 17 0118 09120100 Agenda Item No. 17 A October 26, 2004 Page 27 of 29 EXHIBIT A HAMMOCK PARK COMMERCE CENTRE PUD CONCEPTUAL SITE PLAN Hammock Park Commeroe Centr. PUD MCP 11I29lOO 'i ~~ ~g ~~ w z*~ J: ~ ~:¡ .... 7- ~'- "'Q -'4. .., Agenda Item No. 17 A October 26, 2004 Page 28 of 29 =-.- .. --- .----- -.- . - ....... ._.--. I'CIlt('lI"""'S 11.........._ ., ~""""'GTl ..... ØMN t6J -:JM_~ .rn-..u~ == .. -. .. " , dØ1I ~ mm _"'_.~'''1iII!P"S ....7.. I r.4. ~~ : ~>~ ~ ~ ~4- : ~ ~§ I I I ~~~ : .Jf : II '> tr=-==-=--~- 'II ::: If:":"""" ~~~~~;;,;~;:~~=::;;:cc i :1 \;:c::cc ¡¡I . ------------------_______ I I ! II \ ! ! \ \ ! ! II I I ! I I ¡ I : ! II ¡ill ¡¡II. ! ! I \~ i, ! III ~ ! II~ ¡Ii II] h :,'l ! ~ ¡; , Ii I i \ I ,~ :t./ : 'I ! I ¡¡I I , ! I I ! i I I ! ! I I L jl I ... '"-'''-'''-'''1f''' "I I - - - - - - _~---:- - = ...-...-.. ~._...-:. I -,-.", -- -----= .....-..J- ------_ ....... ::~-- ---- -=::s --- ÞiI !~d0:J JO _'s, (1'6 Ii;)) - ----- ~-----------~~--------- __~'!!"!!!!!"!~-__=~~_LI -~.~ 11 H ----- -- ---- ~ .... Ii ~ '&ì :t ~ ~ iii ~ '" i s ~ ....., -.J Agenda Item No. 17 A October 26,2004 Page 29 of 29 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. 2000-79 Which was adopted by the Board of County Commissio~~s ~n :- ~,'": 2.:; the 28th day of November, 2000, during Regular Session. o F" <;-.." I .f.- =t~~ WITNESS my hand and the official seal of the Board:~?£ 7' County Commissioners of Collier County, Florida, this of November, 2000. 29~ d~ :::: :-; CJ1 ~ ~~ , \..D. '''=l i~0T,?;;:'s~~1!f\:· DWIGHT E BROCK - ,ré, i ~'. ~'::. ,. ...>:l!;. .' ~ . . ..... . . , I ",J'~~" r _ Clerk of Courts anèf ,ch~i:'¡è:'::; ,.:...::/ ; ~ § Ex-officio to Boaró'çi4:-=:J': .-t;',~:> ~;;' ~'t County Commissioners: \ ï::.¡,;.,:'~'..;'1:'-. /'./ ~.~K~· ":<:'';:~,6~i,,::~('" Deputy Clerk _._____ ___~_u. .' ...-----.....,.-..--. Agenda Item No. 178 October 26,2004 Page 1 of 5 "....".,'.. EXECUTIVE SUMMARY SE-04-AR-5777, an Ordinance amending Ordinance 04-15, the Terafina Planned Unit Development (PUD) to correct a scrivener's error resulting from the unintentional omission of the official zoning map number 86165 in the title of the transmittal copy of the adopted Ordinance sent to the State Department of Community Affairs for the property located approximately one mile north of Immokalee Road (CR 846) in Section 16, Township 48 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCe) correct a scrivener's error resulting from an unintentional omission of the official zoning map number 86165 to Ordinance 04-15 (the Terafina PUD) that is consistent with the Collier County Growth Management Plan (GMP) and the Land Development Code. CONSIDERA TIONS: ....-- The Board of County Commissioners on March 9, 2004, approved Ordinance Number 04-15. This action provided for the rezoning of the subject site from PUD to PUD for the purpose of amending the Terafina PUD. The Zoning & Land Development Review staff subsequently discovered that the correct official zoning map number was unintentionally omitted in the transmittal copy of the adopted PUD Ordinance sent to the State Department of Community Affairs. The Collier County Attorney's office has directed staff to prepare a scrivener's error amendment as described above, FISCAL IMPACT: It should be noted that this scrivener's error is only to include the official zoning atlas map number in the title of Ordinance 04-15 that was approved by the BCe. Therefore, this change by and of itself will have no fiscal impact on the County. The fiscal impact for this development was determined at the time the property was originally rezoned to PUD. 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 Level of Service (LOS) standards 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-5777 1 ....--...,.... Agenda Item No. 178 October 26, 2004 Page 2 of 5 GROWTH MANAGEMENT IMPACT: This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the OMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3, I and 3.15 of the Collier County Land Development Code. STAFF RECOMMENDATION: That the Board of County Commissioners (BCe) approve the scrivener's error correction to Ordinance Number 04-15. PREPARED BY: Raymond V. Bellows, Chief Planner Department of Zoning & Land Development Review SE-04-AR-5777 2 Item Number Item Summary Meeting Date AgfJnda Itern No. 178 OC1ober 26. 2004 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 178 This. item requires that aU participants be sworn in and e)( parte di$,clo5ure bf' provided by COrl1rrliSSII}J) nu:mbers. SE··04·AR··5ï77. ~m Ordlmmr.:~ amending Ordirult1ce 04··15, th~ Tt!rafinH pl¡wned Unit Df!v!!'I)pm~nt(PLJD) to I:orrf!c:t éI r,o::rive'1~n; Im')1 rp.!Hllting from the unintentional omission of the officiøl zoning map number 86165 in the title or fh~ traf\Gmittal copy of the adopted Ordinance senllo the Slate Dep1lrtmellt af COnll1'1unity Affair>; for the pfI>)erly 1('(:8tf'd ilpprox¡I'lat~ly one mile north uf Il1'Jrl1ol(~lef' R(ì~d (C-R 1346) ir¡ Stn¡finn 16, T(lwnsh,p 48 $[)lJth, Ranue 26 Eft$t. Collier CIHlf1ty, Florida, 1 Oi26i2004 9:00:00 AM Prepared By 10'4/20044:46:19 PM Ray Bellows Community Development .& Envlrunmental Selrvicllttl Date Chief Planner 20ning &. Land Development ReYiew DatI! Approved By r':¡;ay BelltJw$ Community I)lf\vfllopment 3. Eovironml!Ntsl Service$ Ghlef P¡:mn¡r.r .7.onlng & L.~nd DI!)..,elopm~t't Rlrvinw 10/41Z004 4:46 PM Date Approved By Sandra Leoi community D(!'velopmflnt & Envirønmoen(al Servir;es. E;(ecutive Secretary Community Oe-veloprmmt & Environmental Services Arlmìn 1018120(}411:16 AM 0"'" Approved By SUSiiln Murray, AICP Community Devl!lDpmp.n1 & EI1\1ìronm{l"t~¡ SIIrvjçl!"5 Zoning & Land Ol!\leioþment O,recfar Zuni"" ,. !..¡¡nd Ol!!vnlO)fnfwt RI\!Vi¡IW 10/13120042:59 PM Dale Approved By Conatanc\': A. Johnson Comrnunity Dltveloprt1t!l'It & Environmental s.~r...¡c~s Operatiotl$ An.llyst Community Development & Enl/ironment.11 Ser",¡;;c$ Ad!ni". 10'13.1'20Q4 4:45 t"M Dat~ Approved By Joseph K. Schmitt Community f)f:l/clopm~"t 3. Enviromnl!ntal St:rvice-s Community Do!'ve:!opment & Environmental Services Admmstrator Commurdty De'llp.\øpmt!'.rl! & EI'I....ìronmenta! St1'rvic~s Admin. 10,'14120043:15 PM DAIle Approved By Pat Lehnhard Coynt)' Manager's Offite Administrative AssiBtant Office af Management & Budge\: 10/14/20043'.<47 PM Om. Approved By Mark I.s.<lckson County Managet'w OfficE! Budget Analyst Office of Maragemef1t & BUdget 10I1S¡200<411:12AM Date Approved By Michae! SF"ykuwski County Manilognr'$ Office ManJIIgetmmt & Budget Director OffiCf! of MønaQelTle-nt & Budget 10/1&/20041:37 PM Date Approved By Jamp.;s V. Mudd ÐDIU<J of County Commissioners County Ma"agur COllnty Man¡¡gN's Offit;C! Hì11Si2004 J:42 PM Agenda Item No. 17B October 26, 2004 Page 4 of 5 ORDINANCE NO. 2004- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, OR SUCCESSOR PROVISION, BY PROVIDING FOR A SCRIVENER'S ERROR AMENDMENT TO CORRECT ORDINANCE 04-]5, THE TERAFINA PLANNED UNIT DEVELOPMENT (PUD) AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of Commissioners adopted Ordinance Number 04-15, the Terafina Planned Unit Deve]opment (PUD) on March 9,2004; and WHEREAS, following said action in adopting Ordinance Number 04-15, a zoning atlas map was omitted and such omission constitutes a scrivener's error. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: SCRIVENER'S ERROR AMENDMENTS A. The Title of Ordinance Number 04-15, the Terafina PUD, is hereby amended to read as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER ~ 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING TIlE THE OFFICIAL ZONING ATLAS MAP~ NUMBERED 86]6N AND 86]65, AND BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS TERAFINA PUD, FOR PROPERTY LOCATED APPROXIMA TEL Y ONE MILE NORTH OF IMMOKALEE ROAD (CR 846), EAST OF THE QUAIL CREEK SUBDIVISION AND NORTH OF THE OLD CYPRESS PUD, IN SECTION ] 6, TOWNSHIP 48 SOUTIl, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 637 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 01-71, THE FORMER TERAFINA PUD; AND BY PROVIDING AN EFFECTIVE DATE. B. The text of Ordinance Number 04-]5, the Terafina PUD, is hereby amended to read as follows: Words stfUek througn are deleted; words underlined are added. Page 1 of 2 ,- Agenda Item No. 17B October 26, 2004 Page 5 of 5 The zoning classification of the herein described real property located in Section 16, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUDlO Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit lOA", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Nnumbered 86l6N and 86165, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: EFFECTIVE DATE 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. A TIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN Approved as to Fonn and Legal Sufficiency: lli~;t ¿ '-' m .{Jt:h Á P..d:: Marjo M. Student Assistant County Attorney SE.2004.AR·S7771RBIsp Words stftIek threllgh are deleted; words underlined are added. Page 2 of 2 ------~".__.~-_._,.- ,---~ Agenda Item No. 17C October 26, 2004 Page 1 of 5 EXECUTIVE SUMMARY SE-04-AR-5776, an Ordinance amending Ordinance 04-20, the Calusa Island ViUage Planned Unit Development (PUD) to correct a scrivener's error resulting from an incorrect official zoning map number contained in the title of the transmittal copy of the adopted Ordinance that was sent to the Department of State for the property located south of Goodland Drive ~nd east of the Calusa Marina in Sections 18 & 19, Township 52 South, Range 27 East, CoHier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCe) correct a scrivener's error resulting from an incorrect official zoning map number contained in Ordinance 04-20 (the Calusa Island Village PUD) that is consistent with the Collier County Growth Management Plan (GMP) and the Land Development Code. ,- CONSIDERATIONS: The Board of County Commissioners on March 23, 2004, approved Ordinance Number 04-20. This action provided for the rezoning of the subject site from PUD to PUD for the purpose of amending the Calusa Island Village PUD document and Master Plan. The Department of Zoning & Land Development Review staff subsequently discovered that an incorrect official zoning map number (522627) was unintentionally included in the transmittal copy of the adopted PUD Ordinance that was sent to the State Department of Community Affairs. The Collier County Attorney's office has directed staff to prepare a scrivener's error amendment to provide the correct official zoning map number of 52271819. FISCAL IMP ACT: It should be noted that this scrivener's error is only to correct the official zoning atlas map number in the title of Ordinance 04-20 that was approved by the BCe. Therefore, this change by and of itself will have no fiscal impact on the County. The fiscal impact for this development was determined at the time the property was originally rezoned to PUD, 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 Level of Service (LOS) standards 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-5776 1 .--..",,"'-'^-- Agenda Item No. 17C October 26, 2004 Page 2 of 5 GROWTH MANAGEMENT IMP ACT: 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 Collier County Land Development Code. STAFF RECOMMENDATION: That the Board of County Commissioners (BCC) approve the scrivener's error correction to Ordinance Number 04-20. PREPARED BY: Raymond V, Bellows, Chief Planner Department of Zoning & Land Development Review SE-04-AR-5776 2 Item Number Item Summary Meeting D.te AgenrJa Item No. 1 ìC October 26. 2004 Pay" 3 ,,15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS HC This item requirel> thai ",II p!:Irticipanh: be fòworn in and ex pDne di¡;cl06ure be provided by Con1lTEi$SIOIl m~mbe(~. SE-O.f.-AR-5776. an Ordinançe E:lrt1cnding Ordinance 04·20. (h~ CalusH 1!;tInd VittA.¡¡e PIH'tned Unit Oeve!opm"nl (PUDì t(1 !:(tmH:t i!I ~;¢n"'etlE!(s enor nHiul1il1J from An incotrl:<.1: official2oning map number contained in the title £If the transmittal copy af the adopled Ordinance that was sent to the Department of State fClr the properly locat~d J;,()uth (If Goodhmd Drive and !!ast Qf the CahJl¡õI\ Marill8 in Se~ti¡m$ 18 & '19, Tuwnship 52 South. RMge 27 East. C(Iie:r Gmmr.l'. FIDtiäð. 10/2612004 eoc:oo AM Prepared By 9/23/2D04 2~'B:OO PM R,;¡y Bellows Co",munity Development & En\lirollrnentar Servic\!'s Dot. Chief PI.:umer .zoning & Lafid De....elo)ment Review Date Approved By H.ay BelloW$ Community De\,lclopm~nt & Envìtonmentul Services Chief Plunnu Zoning S. Land O~\'elopme11t Review 9/2312004 2:1ð PM Da.. Approved By SiJrldra Lea CommUl1¡ty DC'v!!\Jopm(!nt & Environmental Services Ex~cutive Sl!!cretary Gf>mmuni1Y De\lelopment " Environmental Services Admin. 9124120048:68 AM D3te Approved By Susan Murray, AICP Community )f!vf!IQpm~n1 & EnvÎrO!1mrrntal5ervic(l'lô Zoning & Land Development Director Zonlnu R. Land D~"t!lof)rn¡m1 R~\líI!'W 9t2ðí2004 3~O('. PM Dot. Approved By JQseph K. Sc.hmitt Commu.,rt:y D/!\I~lopm~tnt & Environm~ntat St!>rvicea. i;ommunity Development & En'Jironment¡¡1 Services AdmirJlitrator Community Developmet1t & Environment,¡1 Services Admih 9f2812004 3:29 PM D3te Approved By Pat Lehrthard County Mal1.11gl!t'.. Offic.e Aám~nistr.Jtive Assistallt Office of M,¡nllog~m~flt & Budget 9J;!912004 10:01 AM D:IIJ~ Approved By Marl<; 5;1Cksf)1! Cuunty M.1IJuglflr'!'S Office BUdget Analyß1 Orrke of M3f)ug~mcnt'" Budgel 9129'2004 2:57 PM Dtlb~ Approved By Michael Smyl(()"Vfikl County Manager's Office Matlflgf1lTlenl &. Budge! Dif<r.clof OfficE' of Management &. Budget 9!30l20U4 '9:09 AM D3t6' Approved By James V. Mlldd Board of Cuunty Commissioners Gc.oul1ty Msnager Gpunly MôJnag(~f'f¡ OftÜ:n 913(H2004 2:01 PM Agenda Item No. 17C October 26, 2004 Page 4 of 5 ORDINANCE NO. 04- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, OR SUCCESSOR PROVISION BY PROVIDING FOR A SCRIVENER'S ERROR AMENDMENT TO CORRECT ORDINANCE NUMBER 04~20, THE CALUSA ISLAND VILLAGE PLANNED UNIT DEVELOPMENT (PUD) AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County Commissioners adopted Ordinance Number 04-20, on March 23, 2004; and WHEREAS, following said action in adopting Ordinance Number 04-20, staff detennined that a zoning map number was incorrect and therefore constitutes a scrivener's error. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT A. The Title of Ordinance Number 04-20, the Calusa Island Village PUD, is hereby amended to read as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED ~ 52271819; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS CALUSA ISLAND VILLAGE PUD LOCATED SOUTH OF GOOD LAND DRIVE AND EAST OF CALUSA MARlNA, IN SECTIONS 18 & 19, TOWNSHIP 52 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 6.2± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. B. The text of Ordinance Number 04-20, the Calusa Island Village PUD, is hereby amended to read as follows: The zoning classification of the herein described real property located in Section 18, Township 52 South, Range 27 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the Calusa Island Village PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered ~ 52271819, as described in Ordinance Number ~ 2004-41. the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. Words struel¡ Ibrallgil are deleted; words Wlderlined are added. Page I of 2 Agenda Item No. J7C October 26,2104 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier Page 5 of 5 County, Florida, this day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN Approved as to Form and Legal Sufficiency: - :'\"1£1 ^till'u - ")11· /3I:U..Li4-¿ Marjori . Student Assistant County Attorney SE-2003-AR-5776/RB/sp ,,_., Words slFUel, Ihreugh are deleted; words underlined are added. Page 2 of 2 ---_.~~ Agenda Item No. 170 October 26, 2004 Page 1 of 53 ........._, EXECUTIVE SUMMARY PUDEX-2004-AR-6249 Tamiami Southwest LLC, represented by Chris Hagan, of Johnson Engineering and Jeff Kannensohn, of Porter, Wright, Morris & Arthur, requesting a two- year extension of a Planned Unit Development (PUD) zoning granted by Ordinance No. 99- 37, pursuant to LDC Section 2.7.3.4.6 (UDC Section 10.02.13.D) for the Vincentian PUD. The property, consisting of 30.7 acres, is located in the southeast quadrant of the intersection of Southwest Boulevard and U.S. 41 (Tamiami Trail), in Section 32, Township 50 South, Range 26 East, Collier County, Florida. OBJECTIVE: The objective of this petition is to have the Board of County Commissioners consider a request for a two-year extension of the development time limit of the Vincentian PUD as well as ensuring that project is consistent with all the applicable County regulations and to ensure that the community's interest is maintained. CONSIDERATIONS: ..,.~ Section 10.02,13.D of the Land Development Code (LDC) requires the PUD property owner to submit an annual report outlining the progress of development one year from the date the PUD zoning was adopted by the Board of County Commissioners, and every year thereafter based on the anniversary of its adoption. For those PUD zoned projects 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 the LDC, 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 sun setting provision of the LDC. The LDC allows PUD projects to be considered for up to two, 2-year extensions, This project is seeking approval of one, 2-year extension, That extension time would allow the project to have an additional two years to develop under the auspices of the existing PUD document. The project was zoned ITom the Agricultural (A) zoning district to Planned Unit Development (PUD) on June 18, 1985 to allow development of a church, school, rectory, possible residential institutional uses such as a children's home, and 30 residential units. On May 25, 1999, the subject site was rezoned from PUD to PUD and the list of uses was changed to allow a three- tract development proposal permitting a mix of residential and commercial uses. The residential uses portion (approximately 10 acres) of the site would have allowed a maximum density of 4 units per acre or an assisted living facility or some combination of those uses. The 10-acre commercial area would have allowed up to 115,000 square feet of retail or office development. The remaining ten acres of the site was set aside as a preserve/reserve area. The applicant did not provide any specific reasons why development has not proceeded in accordance with the PUD limitations, other than to state that development plans have not commenced in a timely enough fashion to meet county PUD sunsetting requirements, - According to the extension application, the original property owner who rezoned the subject tract to PUD, Diocese of Venice, "did not have this site as a priority in their capital improvements plans. Therefore the property was left unimproved until it was sold to the current owner on May Vincentian PUD. PUDEX-2004-AR-6249 Page 1 of 3 .'n".~,.._.,. .~_..._.__.,.. Agenda Item No. 17D October 26, 2004 Page 2 of 53 17,2004, eight days prior to the sunset date of May 25, 2004." The current owner now wishes to extend the time allowance so they can pursue development of the tract that they purchased. Synopsis of Approved Land Uses: The PUD document that was adopted as part of the previous rezoning approval (Ordinance Number 99-37) 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. No changes can be made to a PUD as part of a request to extend the sunsetting date. The PUD, if extended, would retain the approved development intensities that were granted in 1999; any changes would require a separate amendment petition request. This PUD is surrounded by mostly developed land. To the south and southwest are platted and developed RSF-4 zoned single-family lots. To the east is a strip shopping center zoned C-3 and the Hitching Post Mobile Home Park, zoned MH. To the northwest are RSF-4 zoned single- family lots and C-5 zoned commercial uses. US 41 (Tamiami Trail) borders the site to the northeast. Consistency with the Collier County Growth Management Plan (GMP): The subject property is designated Urban (Coastal Fringe Subdistrict) on the Future Land Use Map of the Growth Management Plan. This designation allows commercial inti)), residential and group housing uses. The 1999 rezoning action was deemed consistent with the GMP; no changes are proposed to the PUD document or the PUD Master Plan, and the GMP allows exceptions as noted above, therefore the PUD remains consistent with the GMP, Consistency with the Collier County Land Development Code (LDC): Section 1O.02.13,D. of the LDC requires the Board of County Commissioners to make formal Vincentian PUD, PUDEX-2004-AR-6249 Page 2 of 3 Agenda Item No. 170 October 26, 2004 Page 3 of 53 findings to support approval of a PUD extension request. Staff offers the following findings for consideration by the Board of County Commissioners: 1. The PUD and the Master Plan are consistent with the current Growth Management Plan, including, but not limited to, density, intensity and concurrency requirements (LDC §lO.02.13.D.6.b.i..). No changes have been adopted to the GMP that would make the previously approved PUD inconsistent, therefore the PUD remains consistent with the GMP, 2. 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 §JO.02.I3.D.6.b.ii.); and No changes have occurred in this area that raise compatibility issues. The development nearby existed when this PUD was approved, and the project was deemed consistent with the overall Growth Management Plan, and therefore in compliance with specific goals, objectives, and policies of that Plan that require compatible development. Therefore, the uses approved in this PUD remain compatible with proposed uses in the area. 3, The approved development will not, by itself or in conjunction with other development, place an unreasonable burden on essential public facilities (LDC §l O. 02.13.D. 6. b. iii.)s. The PUD document contains language that adequately addresses provisions for public facilities. However, Transportation staff does have some concern about increased traffic in this area, and has spoken with the petitioner's agent regarding those concerns. The petitioner's agent has represented to staff that the petitioner plans to amend this PUD within the next year or so, and as part of that amendment, a Traffic Impact Statement (TIS) will be provided. That TIS will allow Transportation staff the opportunity to address traffic concerns as part of that amendment. FISCAL IMPACT: Extension ofthe PUD will have no fiscal impact upon Collier County. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: PUD extensions are not heard by the CCPC. RECOMMENDATION: That the Board of County Commissioners approve the proposed two-year extension of the PUD time limit until May 25, 2006. PREPARED BY: Kay Deselem, AICP, Principal Planner Department Of Zoning & Land Development Review Vincentian PUD, PUDEX-2004-AR-6249 Page 3 of 3 Item Number Item Summary Meeting Date Agene!a Item No. 170 October 26. 2004 Page 4 of 53 COLLIER COUNTY BOARD OF COUNTY CDMMIS810NERS 170 This item requires that all pllrticip:anti; br sworn in find ex parte disclosure be pr(widE:d by CommisSion membel'S, PUDEX--200.4·AR,62.9 Tamiami So~rthwc<¡;t LLC, lepreucn1ed by Chris HBIl~n, <1f JI)hniwn Eng¡n~enng !!Ifni J~f K,·mr,en$.ohn, 01 P011tr, Wright. MC1tris. & Arthur. reqllt'!sling a two~year e(ten'5ion of the a Planned Unit Development (PUDì zoning grant~d by Ordir,ancE: No, 99-37, pursuant tc LDC Section 2.7,3.4.6 (UDC SE:c1ion 10.02 13.D) fur Ih~ Vinc¡,nt¡an PUD. The proPf!rty, c(m~i~tit1n I,t 30.7 ac:r!tfi, if: 1¡)cated in Ih~ ßOuthea&t qUAdrant of the intersection of Southwest Boulevard and U.S 41 (TamiBrni Trail). in Secli"n 32. Township 50 south, Ri!níe 26 East. Collier Ccunty. Florida. 10126/20049:00:00 AM Prepared By 10116r20U4 4:16:29 PM Kav Desclem, AIG!=' CommunIty Oeveiopme.nt 8. Env¡ronmental Servic.e¡: Date PI'incipa! Planner Zoning 8. Land Develnpml!'nt Re.yiew 0... Approved By 5dndr8 Le.l Commlll~ity DC''C\lopment & E.nvironm~nt;11 S~,.,,¡c.-.s Ex~utive Secret.ary Community Dco\leJopmen.t & Environmental Serwict'ls Admin. 101;8120Q4 3:51 PM D::Ib! Approved By Susan Murray. AICP Community f)e'!vel()f')fnp.>n1 & EnvifOfltncontal ScrvlcC'fi Z.onlng & l.and D~vf'lopn1EH'tt Dlr('(;tor Zoning & I..¡¡nd De;¡-clof)meint Re...j~ 10/16r20D4 4:04 PM Ollte- Approved By Ray Bellows CtHfln10flity [)e"elopn¡ent & Enviro""I.-.nl"i Ser-yil,e-s Chief PJnnne-r Zoning S. Land DI~eloþl'JJent Review 10/18/20044:07 PM Date Approved By Coru.!:anr.:¡~ A. J()htu.on Cormnunlty Dt've1opment & En\llrollln~lIt;11 Servh:cs O')f!ratiDnG AnaJy,,:1 Commu~ity Development & Euvimnlnental Set'.liceK Ad""n. 10/16120U4 4: 10 PM Daft': Approved By JOSf!flh K. Schmitt CDmmullfly Op.vdapmr.nt" EnvÎrø""It':I'\{;¡1 Setyic~$ Community [)tlvl!h>pm¢I't1 & EnvJrDl1ma-ntal Sa(Viclw Adminstrator CommunUy ()ev~lopmf!nt &. Environmt':nt,"J1 Ser....iccs Admin. 10f18}2004 4:$0 PM D:ltc Approved By Norm E. fcdN, A,ICP Trans-portion Servicea rri3s~ort¡)tjoo OI'II'i$loo AdminhslratDt flan¡.port.iltton Serviceli Admin. 10/19/20049:28 AM D:lte Approved By Pa1: Lehnhard Cot.1111y M-IIn3[Jf!'r'$i Office Adminis.trative AS-8istant Offi¡:n nf Mnn.gp.mltllt & Budget 10H9f2004 9:51 AM D.-Ie Approved By Mark js;..aci<sDn County M.atl<lgN':Ö Ol'fìc~ 8ud\1C!1 Ana!Yllt OfficI!: <If M.anagement 6< BVdget 10!1IU¡004 2:04 PM Dam Approved By Michael SmykQws(j COLmty Manager's Office M¡¡n..gemel1t & Budge! D~rf':c.t(Jr OtTic.e- of Manage,"ltnt a. BIJdget 10f19i2064 2:59 t.'tM Date Approved By James V. Mudd Board of County C;omlnis1.ione,ø County Man.Jger County Mllnager·s Dffice 'tOf1911004 6:34 PM ,_. --~->~~-,-.-"_...__.- ·""o·_........''''i.oAA;,,·'.;''''''",,·''""''..µ,O\,..''"''''.,.'''";·;ö,''''·, <:::;0__...... C::;O.....-n.-ty Agenda Item No. 170 October 26, 2004 . Page 5 of 53 APPLICATION FOR PUBLIC HEARING PUD EXTENSION 1. General Information: PUDEX-2004-AR-6249 PROJECT #19990200 DATE: 7/21/04 KAY DESELEM Name of Applicant(s) Tamiami Southwest LLC Applicant's Mailing Address 19275 W. Canitol Dr. City Brookfield State WI Zip 53045 Fax # (262) 790-6010 Applicant's Telephone # (262) 790-6000 Applicant's E-Mail Addresssaniav@vkdeveloDment.com Name of Agent Chris Ha2an Firm Johnson Enl!Úleerinl!: Agent's Mailing Address 2350 Stanford Court City NaDles State FL Zip 34112 Agent's Telephone # (239) 434-0333 Fax # (239) 434-9320 Agent's E-Mail Addresschal!:an@iohnsonenl!:.com Name of Agent Jeff Kannensohn Firm Porter Wril!ht Morris & Arthur Agent's Mailing Address 5801 Pelican Bav Boulevard. Suite 300 City Naples State FL Zip 34108-2709 Agent's Telephone # (239) 593-2957 Fax # (239) 593-2990 Agent's E-Mail Addressikannensohn@norterwrÌ!!ht.com COLLIER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (239) 403-2400IFAX (239) 643-6968 Revised: 02-18-04 Page 1 of 7 Complete the following for all Association(s) affiliated with this petition. Agenda Item No. 170 October 26, 2004 Page 6 of 53 Name of Homeowner Association: N/A Name of Master Association: N/A Name of Civic Association: N/A 2 . Disclosure ofInterest Information: a. If the property is owned fee simple by an INDNIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets ifnecessary). Name and Address Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock c. If the property is in the name of a TRUSTEE, list the name of the Trust and the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest d. lfthe property is in the name ofa GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address "Ïncentl(uttemDeroor 19275 W. Capitol Dr. Brookfield. WI 53045 Percentage of Ownership 100% Revised: 02-18-04 Page 2 of 7 6. Adiacent zonin2 and land use: Agenda Item No. 170 October 26, 2004 Page 7 of 53 N Zoning PUD C-5 ~ Land use Whistler's Cove PUD: affordable multi-familv residential Gas station and seIf-storal!e facility S Trail Acres: sinl!le famUv residential E MH A RSF-4 Hitchin2 Post: retirement community Collier County utility and DumD station w Trail Acres: sinl!le familv residential Does the owner of the subject property own property contiguous to the subject property? DYes !:8J No If so, give complete legal description of entire contiguous property. Section: Township: Range: Lot: Block: Subdivision: Plat Book_ Page #: _ Property I.D.#: Metes & Bounds Description: 7, Detail to explain extension reouest: a. Has this PUD received any previous extensions or amendment approvals? Dyes !:8JNo b. If YES, please indicate the date of approval( s) _ Has any portion of the project been developed? Dyes !:8J No If YES, please provide a written analYSis of the amount of existing development using the criteria listed in LDC Section 2.7.3.4.1 or 2.7.3.4.2., as applicable. c. Has the PUD sunsetted? IZI Yes 0 No \Vhen? 5/25/04 If NO, please indicate the date that it will sunset: Revised: 02-18-04 Page 4 of 7 ___""__"_'__^_'.'_'_n,,_._,.~ Please explain why the PUD was allowed, or will be allowed to, sunset: Agenda Item No. 170 October 26, 2004 Page 8 of 53 The previous owner (Diocese of Venice) did not have this site as a priority in their capital improvement plans. Therefore, the property was left unimproved until it was sold to the current owner on May 17, 2004, eight days prior to the sunset date of May 25, 2004. d. Please provide a chronology of the original zoning approvals and amendment approvals as well as any development approval and any site development improvements that have occurred:. Please provide copies of all PUD documents for the original approval and all subsequent actions. The Vincentian Residence PUD was approved for this site in 1985. The County initiated an amendment to the 1985 PUD in 1991 (Ordinance 91-88). Approval of the uew Vincentian PUD was granted on May 25, 1999 (Ordinance 99-37). This approval repealed the 1991 PUD and set forth the current approved development standards. There have been no amendments to the 1999 PUD and no site improvements. Attached please find a copy of the approved PUD ordinance. e. An extension can be requested for up to two years, for a maximmn of ten years total from the original approval date. Please provide the original approval date: Mav 25. 1999 How many years extension is requested? J.. to what exact date? Mav 25. 2006 8. 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. N/A 9. 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? No public hearings were held relative to this property in the last year. 10. Additional Submittal reouirements: 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; A copy of the pre-application meeting notes is attached. b. Twelve copies of the Master Plan on paper that is no more than 24" x 36" [and one reduced 8W' 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 J. The requested copies of the master plan are attached. Revised: 02-18-04 Page 5 of 7 Agenda Item No. 170 October 26,2004 c. Evaluation Criteria: Provide a written n81Tative statement describing the request to sho$age 9 of 53 compliance with the criteria found in the Collier County LDC noted for the proposed action (IDC 2.7.3.4.6.2), Include additional materials and documentation in support of the extension, as necessary. Approval of an extension shall be based on the following: a. The PUD and the master plan is consistent with the current growth management plan including, but not limited to, density, intensity and concmrency requirements; and The PUD complies with the purpose of the currently designated future land use category of Urban-Mixed Use District, Urban Coastal Fringe Subdistrict. The master plan is consistent with growth management plan policies of FLUE Objective 6 related to discouraging the prolüeration of urban sprawl by promoting a mix of residential and commercial inOO development and by promoting redevelopment of areas wherein current zoning was approved prior to the establishment of the growth management plan. The project also complies with policies of FLUE Objective 5 to ensure compatibility of land uses through encouraging the use of land designated for urban intensity uses, permitting the use of PUD techniques in order to conserve open space, and permitting group housing within the urban designated area. The 11.7-acre area dedicated to reserve/conservation space exceeds the requirement of 30% open space in the LDC, and reduces development on the site to 9.8 acres containing 4 residential unitslacre and 8.5 acres containing up to 115,000 square feet of retail or office space. The PUD is consistent with growth management plan policies of FLUE Objective 2 related the coordination of land uses with the availabüity of public facilities. Upon application for site development plans or platting, the project will adhere to all concurrency requirements. b. 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; and Development approvals issued following the 1999 approval of the Vincentian PUD have not rendered the proposed mix of commercial and residential uses incompatible. In fact, the PUD is an infill project that is complementary to the existing residential, commercial, and public uses. c. Approved development will not, by itself or in conjunction with other development, place an unreasonable burden on essential public facilities. The PUD states that all final development orders shall be subject to the adequate public facilities provisions of the LDC. Upon application for site development plans or platting, the project will be adhere to all concurrency requirements, so it is assured that public facilities are adequate to accommodate the development of the Vincentian PUD. Revised: 02-16-04 Page 6 of 7 SUBMITTAL CHECKLIST Agenda Item No. 170 October 26, 2004 Page 10 of 53 THIS COMPLETED CHECKLIST MUST BE SUBMITI'ED WITH APPLICATION PACKET REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED 1. Completed-Application, with additional required documents 12 .¡' 2. Copy of Approved PUD Ordinance 12 .¡' 3. Copy of Deed(s) and list identifying Owner(s) of all 2 ./ Partners if a Corporation 4. Completed Owner/Agent Affidavit, Notarized 2 ~ 5. Master Plans 12 ~ 6. Aerial Photograph 2 .¡' 7. Review Fee 51000.00 ~ OTHER REQUIREMENTS: After initial review of th. request, staff will determine what if any additionaJ information may be required to substantiate the request The applicant's agent will be notified. 8. Recent survey 4 '" 9. Copy of complete legaJ description 1 ./ 10. Pre-app meeting notes 12 ,¡ 11. 8.5 1: 11 Master Plan 1 '" 12. Copy completed Addressing Checklist 1 '" 13. 8.5 x 11 graphic location map of site 1 '" 14. Copy of ori2ÎDal EIS 1 " 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 hecessary submittal information may result in the delay of processing this petition. . A~t!~ 11" ,.., Date Revised: 02-18-04 Page 7 of 7 Agenda Item No. 170 October 26,2004 Page 11 of 53 VlNCENTIAN PUD Extension Application DESCRIPTION: ~ It PARCO. oF I.NII) LOCA'IED It PNmCU.M..Y œsaIIIED AS F 0CY0ÐtŒ liT 1Mt MOR1HEAST H EAST, CQLLJ£R CCUNTY, fUIItI)A. ÞHD RUN SOU'Jol oz·..·.... 'ÆST ~ Œ 1718.03 FEET TO M INTERSEC1ÞI .1M 1M[ SØJ1HEJI1. Y lICK (T.wIAIoI lRAL) AN) n£ POINT aF 8£CMtNOò "/HÐtŒ COMTIIIU£ SOUTH 02'41' OF stC'IIaN JZ. " DlSTMIŒ at 1184.02 FEET TO tHE EAST ~AR1ER IXJANER Of SAID SEe (If LO'IS FaftUEfIL Y IN 1RAI. ACRES lIlT J AS RECOftOED 1'4 PLAT BOOK 3, PAGE 14 OF 11iE PUaUC RECORDS Œ oauJER COUNTY, FLDllDII ev"CA1ED 8'1' tcS1RWI£NT RECORDED 1'4 DFFICIAL. Fi£COROS BOOK 188, PACE 7'82): 1'HEMC£ RUN MDR'IH lIT3O',r WEST ,I¡lQNC SAID F'OINLRNOR'IH UNE OF l1V\IL. ~£S UIIIT 3 AND tHE NORtH UME Of' 1ftM. I\CR£S UNT 4 AS RECORDED IN PlAT BOOK 7. PN1E. IO:! OF SIIID PUaJC AWCRDS Of' ODUJER COUN'IY, I'\.DRI)Io, A DISTANCE OF U5.tI FEET; THENCE RUM NORnt JI1)4';S'r IIEST M.ONG SAID NORTH UHE aF !RAft.. ACA£S UNIT 4 NI) '!ME HanH lINE OF SIll!) TRAIL ACH3 t.HT 3, A DlSTNtŒ OF 1oe1.111 FEET TO I\N IH'!ÐtSEC'OOM ..1M TliE EA51ÐU. Y RlCHT-OF-IMY LItE Of' 5OU1KWEST IIOULEYARD¡ 1'H£IfŒ RUN MOR1H ST58'51'" EAST ALONe SM) EAS1ÐILY RIGHT-OF-WAY UNE, II DISTANCE OF 11107.85 FEET TO NI Uf1EJ!SECIION 'M'IH SM) SIOU11iERlY RIQfT-Q'-WI\Y IJNE OF u.s. HIGHWAY NO. 4' (T~ 1KAIL): 1HENCE IIUN !OU1H 311'm'2r v.sy /II,.OIIC 5M) SCI.m1EJILY 1IIGHT-aF-wAY LINE. A DIST.....CE OF 77.05 FttT 10 1HE PDlHT OF WRVA'lURE OF A Clfi\Æ BEN: CXINCI\'o1E HOIOI1EAS1ERLY /lIIIO HAWfG II RAOIJS OF 3Z'O.~ FEET, It ŒNTRAI.. NG.E OF 14'34'44' NIB II Q4C1RO IEMIHC A)I) DlSTAHCE OF SIOU11i 4I'20'W EAST, IIH.73 FEET. I!E5PECUI.Ð..'f; 'IHENŒ RUN SCU1HEASTERI.'I' I'\IJ:tG; $All) c:tJIt\Æ AfC '1Ht SClUTWERLY IIIGItT-CI"-WIIY UN£. AM ARC ClSTNlCE OF a,e,93 FEET TO THE SAID POINT OF BEClMMINÇ, CClNTAlNlHC '.3311,91.32 F'ŒT OR 30.184 AeRtS OF LNlD, IIOR! OR I.!SS. EJ! CI1W1Y, FLORIIA, 8ÐMC IICIft£ AFFIDAVIT Agenda Item No. 17D October 26, 2004 Page 12 of 53 WelL Tamiami Southwest LLC. being first duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter of 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 Well 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 well further authorize Johnson Engineering and Porter Wright Morris & Arthur to act as ourlmy representatives in any matters regarding this Petition. Tamiami Southwest LLC lLJ./~ Signature of Property Ow er \It rJ ~ rE N"" 1 < V-ëY Et'1 ¡d1E~ 0 re...... Typed or Printed Name of Owner The foregoin~ jnstrument was acknowledged before me this 13~ day of )", Y l¡"~ ~~~ who is personally known to me 01' JI~ 1" vd.....etJ identification. . 2004, by as ~ -~-, - Signatur of Notary Public-State of Florida State of 1N~&oNSCfII County of /,,¥.ffIJ{&JJh4 PUDEX-2004-AR-6249 PROJECT #19990200 DATE: 7/21/04 KAY DESELEM Revised: 02-18-04 Page 8 of 7 ~-"~--~"."--,.. -,.,- VINCENTIAN PUD Extension Application LIST OF OWNERS The property is owned by a Limited Liability Corporation named Tamiami Southwest LLC. Tamiami Southwest LLC has a sole member with 100% ownership: Vincent Kuttemperoor 19275 W. Capitol Dr. Brookfield, WI 53045 PUDEX-2004-AR-6249 PROJECT #19990200 DATE: 7/21/04 KAY DESELEM Agenda Item No. 170 October 26, 2004 Page 13 of 53 Agenda Item No. 170 October 26, 2004 Page 14 of 53 VINCENTIAN PUD Extension Application Eft CC1IfTY. F\.ORJDA. BEIMC 11_ CXIüÐtCE AT nlE HOR'IHEAST K EA5T, CCIUIER 0CUN1Y, f'U:IM)A NCI RUN SOUTH D2·4...... WEST ANa: a: 1711.03 FEET 10 N4 IN1EJtSEC1ION 111JI '!HE SGJnlERl. Y RIGH (TANlANI TRAL) AND '1HE POINT Œ !IE(JHNINO; THEMŒ COM'TINut SOIJ'1H 02'48' OF SEemaN .n, A DISTANCE Œ 884.02 FEtT TO THE EAST QlJAR1ER COANER Of SAID SECT1C»1 Œ LOTS FalllMEItI. Y IN 1RAI. ACRES UNIT J AS RECORDaJ 1'1 PlAT IIOOIC J, PAGE: 14 OF' 'tHE PUBLIC RŒORDS Df' COUJEIl COUNTY, F\.OI1IDA (VACo\1ÐI EI't IG'IRUIIENT RECOROEI) 1'1 DFF1aAL RECORDS SOCII( 188. PAGE 712): THDG: RUN NORnI 1T3O'11I" WEST ALDNC SAID fDANER NOR1M UNE OF 1RAIL ACRES UNIT 3 ANII nlE NORlM UNE OF 1RM. ACRES UNT 4 AS RECOIIŒD .. PlAT BOOK 7. PAaE. 103 Œ SHD PIJØUC RECCRÐS OF CIOUJER COUNn', fLCAIDA,. A DlSrAHCE OF 115.11 FEET; THl!NŒ RUN NCRnI 31'04';)7" 'lEST ALONG SAID HOR1M UNE Of" 1RM. ~ ....IT 4 AND 'tHE HCIImI ... OF SAID '1RAIL Aa!ES UNT J, A DISTANCE OF 10&UI FEET TO AA IN'lERSEC1IOII 11TH THE EA5'lERLY RlQtT-Œ-WAY LI'I£ fJf SCU1HWE5T IIOUI.EVNID; 1tIÐftX RUN NOR1H 50'511'59" EAST ALONe SAI> EAS1tIa..Y RlGHT-fJf-WAY LINE, A DISTANCE OF 1007..15 FEET TO N4 IN'IERS£C1ION WllM SAI> SOUTHERLY RIQfT-fJf-WAY LINE fJf U.s. HIGHWAY NO. 41 ¡TAIoIIANI 1RM.); lHENŒ RUN soutH 31"D3'25"' EAST AUINC SM) SOU1IŒRLY AICHT-QF-WAY LINE. A DISTANŒ OF 77.05 FEtT iO 1'10£ POINT Of CURVAlURE CI' A ClIt\IE BEING aN:A-..E HŒ1HEAS1ER1.Y AND HAIlING A. RAOIJS OF 3210.55 FEET. " œ:HiR1oI. NflU: OF 14"34'44" MD ,. CflORO IIEMttIC AND DlSTAHŒ OF SOUTH 41'20'40" EAST, IItoU3 FErT, RESPECTI\Ð.Y: TH£NŒ RUN SCUlHEAS1ERLY Al.ØlCI SAID CIJR\IE NIl) '!HE SClU1MERLY IIQNT-QF'-WAY UN£. AN MC DISTANCE OF 11111." I"EET TO 1HE SNO PDINT Of' BEGlNNINC. CONTAINING 1,3JII.91.32 FEET 011 30.'84 ACR[S OIF LAND. &lOIt! OR W$. PUDEX_2004-AR-6249 PROJECT #19990200 DATE: 7/21/04 KAY DESELEM ~ +'0 ŒA;.,~nda Item No. 170 W, 1I0vj ~b1' '::fb(AliJer 26,2004 Page 15 of 53 ADDRESSING CHECKLIST Please complete the following. Not all items will aDPlv to every proiect. Items ii1 bold me are recuired. . 1. Legal description of subject property or properties (copy of lengthy description may be attached) See attached. - Po-c u.......I ~" :'2:- - So - ë:....b 2. Folio (property ID) number(s) of above (attach tO,or associated with. legal description if more than one) 00439880008 3. Street address or addresses (as applicable, if already assigned) Southeast comer U.S. 41 and Southwest Boulevard 4. Location map, showing exact location of project/site in relation to nearest public road right-of-way Attached. 8. Copy of survey Attached. Proposed project name (if applicable) Vincentian PUD Proposed street name (if applicable) Not applicable Site Development Plan Number (FOR EXISTING PROJECfS/SITES ONLY) SDP - Petition Type (indicate which is applicable): ~ SDP (Site Development Plan) _ SDP A (SDP Amendment) SDPI (SDP Insubstantial Change) == SIP (Site Improvement Plan) SIP A (SIP Amendment) - Cpnst11lction Plans/Plat Land Use Petition (Variance, Conditional Use, Boat Dock Extension, etc.) Street Name Change (SNR) Blasting Permit _ Right-oC-way Permit Clearing/V egetation Removal Permit - Excavation Permit X Other (Describe: PUD Extension 10. Project or development names proposed for, or already appearing in, condominium documents if applicable; indicate whether proposed or existing) RECEIVED JUl 0 8 2004 5. 6. 7. 9. .....~fIiíM.-.·· 11. Applicant name Chris Hagan, .Johnson Engineering Phone 434-0333 Fax 434-9320 FOR STAFF USE ONLY Address Number .~/..t..3> Approved by 1]' ~ t1..A-vJ Date -¡ .; '? - 0 't- 1/11101 / / / / - m No. 170 Octob r 26,2004 P e 16 of 53 ~ COLUER COUNTY -- --- ".,/ ".,/ ".,/ ".,/ -- -- -- -- -- -- -- ~ 9- .. 8 .. 8 ~ ~ I '" i ~ ... / ,/ ]Ol-INSCÐN ENGINEERING 2158 JOHNSON SiREET P.O. BOX 1550 roRT MYERS. FLORIDA 33902-1~~O PHONE (941) 334-DO~ FAX (941) 334-J881 E.B. 1642 '" LB. 1642 Site Location Map Archdiocese Property OA1t: Det.2oo2 FIg 1 ~ -- .. V 'J ~ 3404750 OR: 3568 PG: 2789 Agenda Item No. 170 DCaIRI ÍI ormw IIaIIII tf CDWD CIIIr'I, n 0 t b 26 2004 1I/llf!114 .t 11:1111 011l1! I. 18CI, CIIII coer, _ 1\""',0 Page 17 of 53 DC ra 11." IOC-.II 1l1I1,It L~ THIS INSTRUMENT PREPARED BY AND RETIJRN TO: Stephen W. Buckley. Esq~¡R GOLDSTEIN. BUCKLEY. CECHMAN. RICE & PURTZ, PA Ittl: I S I S Broadway IIIIImI ØCIIoII If a¡ Fan MyOlS, F10rida 33901 1m IIIICICIIIDCI PDI Property Appnisen Parœlldeotificatiao (Folio) Numbcn: 004398800W' CIIW. n ntH SJ*e Above Thil Line For Recordina Data a- nos WARRANTY DEED, made the ..l.f..- day afM.y. 1004 by John NovIm Bllhnp of die D_ of Veal.. . Corporatloo -. hen:in o.lIod the _tor. to Tamlaml So~t""'OIt LLC, . _eo_ IbIdt... U.blllty co.....o,. _ post om.. addms is 19175 W. C.pUaI Dn... Brooldleld, WI 53045. _ called the Gnmee: (1t'hrewr __ ..~ tA~ tunu "".1110,.· ØJU/ ·~lUdft· 1IId_ øJl ,.~ pIIr1;a IØ lItH LtWnr..4I1I"¿ ,. Hi,.". IqøI ~taU..a tUtd tlSIÌp.lofUtdiYidNlI. a.d tJw mccr.uor:r lIIfIl øuipt of~ WIT N E SSE T H: Thot the poator, rar aod in ....uderotioo or the a\DIJ ofTEN AND 00I100'S ($10.00) Dollon aod other ...Iuobl. ""..identiOJll, n:c:eipt _f is _y oclœowlod¡ed, _,. ........ borpin&, ..III, olieos, mnises, n:1eu.., OOltvO)'S ond coofums uo1O the BJ'OIIIOe all tbat _ load .ÏIuo.. ill COLLIER. Coomty, Slate ol FJorida, viz.: SEE EXHIBIT 'A' ATTACHED HERETO. AND, the poator baeby "" IboJ the paaIOr bos aood ri&bt 10ncI aod will cIcfmd !be .."'" . -"CXceplWICI IN WITNESS WHEREOF, wriuCIL Sisaed: seale<! aod deli vcrcd ÌD !be L~/ld£i;)~/ WilDen *1 Si¡nann ~¡ff'"If~;tAH' Af. ~( WitDell *1 PriftIcd Name ~::~~ W¡tDeII ¡n PriDIcd Nom: Jo N of the DioceM or V_ a Corponlloa ..Ie P.o. Ball006, Venice. FL )4114-1006 ST...nOF~ COUNTY OF . ./ )'t 'f!¡ f_oin¡ ;"'trumeOI wos .cknowledged beran: me this ~da,. of May. 2004 by John NeYiD& Biahop of . Dioc:cse of Venice a Corporation sole wbo i.I perlOIIIIUy Ì;DOwn ~.. ~ or ... produced as identification. ~/Jdu~>;, Notary Public . ~"r~~"y£ "v; Õv..rCIf! 5./'. Printed Notary Name SEAL ~~J€d PUDEX-2004-AR-6249 PROJEcr #19990200 DATE: 7/21/04 KAY DESELEM File No: D2D36I · .. ../.. -~ POJIIT .. -- -- ,,_:It ~ ~ ~ --~&œ:- () ~ A PAltcn Œ !..AND LOCATED IN PNt11WL.ML Y DESCRII!£) ~ F COWIIÐIŒ AT 11<[ __ H EAST. COUJEIt <:DUHTY. F\.ØIÐA AI'CI iRUN $CIUlH 02"48'411- .ar AHCE CI 1"..03 n:tT TO 1M IM1EIIIEC11ON 1M11< lItE SOU11<EJlLY ItIGH 1 (TAaAIoO 1IIAIL) _ T1£ _ (f IE_a: 11<EHCE CONTIIIU[ SOUtH 02'411' OF SEC11QN J2. A DISTANCE (f -.a2 FEET 10 M EAST QUNt1tlt _ or SMJ SEC OF t.O~ F_EltLY" ...... ACRES UNIT J AS ItECOIID£D IN JUT ØOOIC 3. PAŒ .. OF 1M[ P\J8UC lIE (f CI1iJEII COUNTY. flDIIIDA (VACA'IUI IY _1 ~~ED",~ a:=- ':~ANO~ ~.~~~7VJI'~~N u~~~ N":~:S:;'~': ~~1M(f SIoI) P\J8UC IIECOOOS rJF cou.ø COUNTY. f'lCItIOA. A QlST_ (f nUl FEET: _ ..... NœTII W04'Jr 'lEST ...OHC SIoI) NQIIIIt UN[ (f TIIAIL ACÆS IMIT . _ mE _ 1M f1F SAI) ...... AaIE5 IHT 3. .. DIST_ OF ~ ,oa.... FŒ111> ... "1EIt!EC11ON IM11< 11£ EAS1EI!LY RlGHT-ar-WAY UN[ ar SQU1IftIIEST IKUEVAIIO: _ ..... Mœ1M ~ ~'51'" EAST ALONG SAD [A$1ÐIiL'f' RtOtt1-QF-WA'f' LINt. A OISTMilCf: rI .007.15 fEET TO AN IN1EJIIIKC11ON 111M SAID I ==~ =~::::~::i ~ ~:r=,;Y~ 4;&~THE~T ~:::.'"~ A~'::: =VCSNÐ i ::~~~~D ::~':~:\f~'~33~5~=~~:r ~-:~y ~:.c:~~ 1H£ '! SOU1HÐl. V "UJHT-QII'-WAY l»'!. !,if NIt: DlSTMŒ 0If .".13 rttT TO TMt !AID POINT Œ' 8[GIIÞIItfC. CClHTAHNC 1,3.JI.51'.32 n:n M 30.1114 ACRES or LAHD. "ORE OR 1LS5. ~ I I r NOTES: ! ,. THIS IS NOT A SURVEY. ð ~~ARI~J~ ~~RI~i"7JTS:~ ! \11TH .. REnJU:NŒ BEAIIINC FOR 1M[ EAST UN[ i ~~~=~TH~~ON~a 11 RES'IIIICTIONS OF RECORD. LEGEND: R/W .. RICHT OF WAY O.R.B. . OffiCIAl RECORDS BOOK f lorry Eo S)Aft (F. u.. ,... U1f14Z) ~~:-7:1 .... - - Not WIIIIIII .-....t .. .... IINI th. .... ....... ... _ . n.tM u.n.. ....,.,... _ ........ CERTIFICATION: ~J tc.U ~ J( )1/ N~(')N SKETCH AND DESCRIPTION 2350 ITMfCRJ COURT fIWI\D, ~ .34112 ~cg:)4J~~ 0.. '''2 ill: LI. '141 ENGINEERING '/04 Agenda Item No. 17D · 279Ðc~r26.2004 · Page 18 of 53 ~n~ :Agenda Item No. 170 A I. 0.. ctober 26,2004 ftI'- 6:JflJe 19 of 53 PUD EXTENSION REQUEST ?-/ 'i of../ g :.30 Pre-Application Meeting No~es . D.... 5;), 0<1- TÚD"~ Ag,,'N.m,,""'" N..." rJ¡rls fI'1JfMI fr~ s¡ \h: -, ProjectNBme: NCENT¡ArJ -PUD AppUcant's Name: Owner's Name: Owner's Address: - Meeting Attendees: Phone: Phone <----> Planner: 4{ A Y DESEL...£1'--1 ~t?fl~ o.--Jt"Q C~ ë3( 1{-e.......~ fO"~oJ' J>. . tJö COIIt'\Wo.o:.u:-I r ArJrJ f1<i\~ rlAll'.Lt 1'~~ t..vuk, ~ kw.. e.~ ~ Su.nNrtttd.. ::r: au.. p\t-a ~ ~I rÇ;;~ ~~~~~!ev.s\~ rXI.\-u..f,· r. \1..1,\\ bL ç\lr1\lIokJ u)~ .5ú~W:~ MEETING NOTES St>os.d'D:tk... 5\2.5\oLf SUMITIAL REOUIREMENTS: PLEASE REFER TO THE LDC AND APPLICATION FORM FOR ADDmONAL INFORMATION. ration "?[iQ<;L f>'0~ld.e.. e.\~O'flI.c... . ,,~\O(\S 6f' a.~\. J.o::.Ll~.s \r'\ e\ M.ø.K wQ.rd. Olo\ td-P -Çò.,YY\O""~ . POSSIBLE OTHER REQUIREMENTS, DEPENDING UPON THE Sl'EJ; 1'R0JECf: ) t{B. Traffic Impact Statement (TIS) Environmental Impact Statement (EIS)(ctJ.f'I¥A{ {ifJ Ñ}F'" Other It Other PUDEX-2004-AR-6249 PROJECT #19990200 DATE: 7/21/04 KA Y DESELEM Copi~!..!.he following: .... ~ Complete legal description :::'8 I copy of completed Addressing Checklist ~ I copy of8 W' X II" graphic location map of site revised: 118104 --~._--~---- Agenda Item No. 170 o tober 26,2004 Page 20 of 53 Qj c: ~ II) î II) 'ð ! ~ "CI "CI E ca ~ ¡i Q) e -g. . w 0 .:.: .. C5 .! z e ~ <") - ::s ~ Iii z CD d-:, III i c N Ii 0 ,..... 0- I .J:: ß z :II: D- O . ~.~ ! - Z = - z ~ e ; U - .!R - . > .. CD Q) IL. e a:: ~ ë ca ~ Z If) ~ III II) a= CD ~ L c ¡ii ::s "E ŒI N :ï:I .9 ~ D. ! ~ ï 0 c c: 'S: 0 ~ !!! ¡;¡ ~ "> W· 11 Õ Q ~~ Ü iii .5 c g¡ .. Q. i z .... E ~ u .. Q) ..!II Q. > 'è m of p.., CD ~ !!! e ~ ú: ca >- Z ~ . f- ~"'.~-' ~__ ",-, . ::?i'l ¡:)J,¡ -'IT~""~.v-~.,.~~~_,...~r:~~'#'r¡:;:-' "":1..,-, ~....~- t,:.>¡;; ,,~. .~ or _.~ -,~"'~ "'ÌI'''! .,"!-.I;'....:t'· '."',' ~:.:...,.1"','!¡,.,"'~¡',.-\.".. "c!":Z<!{'~l'g'~,,·,,' ."'" "., ""'¡¡; ~'~:~/;'~~.'.,::.~'_":. _.." :".;h~'}'f{~Ft'..J;id(,.:r,~~!ù'&~'è~~.L ~,.. ~,.;.,..:.~,;~;:' :.~. ':';:, .', ~'; .~,~. .. '~J. '::i2...L,..:-...'f:;...."~' '.J~J:' -¡,~ -:....*"ð-«.,,,.:tü,:~~J.ii~:r!l~~~~t4~~·,""" ~ J. 1t... .;~..2:"."'j('''' I ",....-:t..h1- 'I.' ~/ '-L,~~ -a e 2 8:30 AM - 12:00 PM o.17D 6,2004 9 1 of 53 pn4PIIII- planning ..mCIIII ... " ,.'" .._.... A;'N.!'~~t"'M ..£tf'}'-'·¡¡¡¡-~'1.~;¡~¡'¡¡~i4t~,~ß.·'" . ~~~.t..... .~.!~.,. 'P'rè-àpþ 'pUb Extension - Chris Hagen, Agent, 434-0333, representing Tamiami Southwest LLC, for PUD extension to "Vicentian" PUDIPUD-84-11 (2) located in Section 32, Township 60 South. Range 26 East, on the south side of US-41 at the intersection of U.S. 41 and Southwest Blvd. 11:30 AM - 10:30 AM 10:30 AM - 11:30 AM 1:30 PM - 4:00 PM 1:30 PM - 2:30 PM 2:30 PM - 3:30 PM CDS< pre-app SDP WUIOll Garda/agent OIÑ Brown/planner - cos.c This pre-app is a reschedule from May 26. SDP _ applying for PPL for the subdMsion, and SDP for the rec area. Wilson Garica, a. Grady Minor 947-1144. pre-app SOP Kenneth O'Leary/agent Joyœ Emlt/pla- - cos.c This pre-app is for an SDP at the NE comer of Livingston Road and Radio Road, Zoned BrialWOOd PUD. This meeting is for the commercial portion of the .PUD. Kenneth O'Leary representing New Florida Development LLC. 370-4545. pre-apJlS planning ...... pre-app PSP Q1rts LUCaIIO/agent Robin Meyer/lIf8I1t - cos.c This pre-app is for a PSP for 16000 Tamiami Trail North Zoning PUD- Two Lakes Chris Lascano, phoenix Assoc. 596-9111 pre-app PPL An Trinh/agent Fred ReIKhI/planMr - cos.c This pre-app for a PPL for 80 acres located in Section 30. Township 61, Range 27. An Trinh, 363-4871, representing himself. Gentleman says that he has 80 acres of land that he wishes to subdivide and sell for money to retire. This appears to be in a neutral area. 7{1/2004 - Current Ownershi Pro e Add..... NO SITE ADDRESS Page 10fl Agenda Item No. 17D October 26. 2004 Page 22 of 53 Details ". Ownar Nama NEVINS, BISHOP JOHN J Add__ DIOCESE OF VENICE 1000 PINEBROOK RD CItv VENICE I SUIte. FL I zi"I34281- 8421 Lepl132 50 30 AC DElC IN OR 1112 PG 1824 Section 32 Aera 30 8n No. 502832 002.0001832 Sub No. -t~ 100 III I NON-AGRlCUL rURAL ACREAGE -t MIII_ A... T -t MI"_ 13,1244 2003 Final Tax Roll Values Latest Sales History lionel Value S 800,000.00 I ,+) ImDroved Value S 0.00 I-I Market Value S 800.000.00 I ,.\ SOH Exemot Value $0.00 (-\ Ae-.d Value . $ 800 000.00 H Hom.....d and other Exempt Value $0.00 I-I Taable Value $ 800,000.00 Date 1211184 Book· Page 1112 ·1824 Amount I $0.00 SOH. 'Save Our Homes' exempt value due to cap on ....ssmenl_. -- Tha Information I' Updated Weakly. http://www.coIlierappraiser.comIRecordDetail.asp?FolioID=0000000439880008 5/2512004 .,. -+~' . ûf(j . 'D da I em No. 170 uJ, 1I0l)j t,h 1 . -~${6þer 26, 2004 Page 23 of 53 ADDRESSING CHECKLIST Please complete the following. Not all items will 8D"lv to every "roiect. Items Ù1 bold type are reauired. . 1. Legal description of subject property or properties (copy of lengthy description may be attached) See attached. - P OJ" u......I "é:-, ;, z- - 50 - z... b 2. Folio (Property ID) number(s) of above (attach to,-or associated with, legal description if more than one) 00439880008 3. Street address or addresses (as applicable, if already assigned) Southc.ut corner U.S. 41 and Southwest Boulevard 4. Location map, showing exact location ofprojectlsite in relation to nearest public road right-of-way Attached. S. Copy of survey Attached. 6. ~... sed project name (if applicable) ¥IIIII!~I 7. Proposed street name (if applicable) Not applicable 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP 9. Petition Type (mdicate which is applicable): . SDP (Site Development Plan) == SDPA (SDP Amendment) SDPI (SDP Insubstantial Change) - SIP (Site Improvement plan) - SIP A (SIP Amendment) Construction PlanslPlat - Land Use Petition (Variance, Conditional Use, Boat Dock Extension, etc.) - Street Name Change (SNR) Blasting Permit - Right-of-way Permit - ClearinglVegetation Removal Permit - Excavation Permit -X Other (Describe: ~ . 10. Project or develòpment names propÖ-šëa'fur, or already appearing in, condominium documents if applicable; indicate whether proposed or existing) RECEIVED JUL 0 8 2004 JUllllìSElM':fflwn....... 11. AppUcant name Chris Hagan, Johnson Ens;neering Phone 434-0333 Fax 434-9320 FOR STAFF USE ONLY AddressNmnber :~4-?:. . Approved by 11· f"II1Æ tl.A"vJ Date -, .;t:¡{- 04- 1/11101 ,~'---~_.".-.....~._-,-"_.< . , 'J1N " " 1999 ~ , ..Clerk "' Botrd PUDEX-2004-AR-6249 PROJECT #199902IRt¡enda Item No. 170 DATE: 7/21/04 October 26,2004 . _, .. 'ORDINAlfCB ·fF.E:..:... ,_.. -- KAY DESELEM Page 24 of 53 AN ORDINANCE AMENDING ORDINANCi NUMBER 91-102, THE COLLIE!. COUNTY LAND DEVELOPMEN':r CODE, WRIèH INCLUDEs THE COMPREHENSIVE ' ZONING REGULATIONS ',F.oR THI UNINCORPORATED AREA' OF COt.LIn COUNT1, FLORIDA, BY AMBNDING THI 'OFFICI~': ZONING ATLAS MAP NUMBERED 0632N BY c:HA1fGING THI ZONINQ, CLASSIFICATION OF THI:HERBIN DESCRIBED REAL PROPERTY nOloI "PUC" TO "PUC" PLANNiD UNIT DBVELOPMBNT KNOWN A8,-VINCBNTUN, FOR PROPERTY LOCATED AT',.m: SOUTHBAST CORNER OF SO~ST BOULBVARP:.AND TAMIAMI TRAIL EAST (U.S. 41). IN S~IoN 32, TOMN8If:tP 'so SOUTH, R.ANtm 26 BAsT,' 'COLLIER COUNTY, FLORIDA, C01JSISTING ÒF 30: AC1ŒS¡ PROVIDING: FOR THB RBPBAL OF osttiIW\NCE NUMBD 91-88, AS AMBNDBD, THE FORMER V1NCBNTIAN, PUC AND BY PROVIDING AN BFFBCTIVB DATE. g5 - d- '7 :q \ - ~ ~ WHEREAS, Qreg Stuart of Stuart' Associates, >n .-"" r-""I , >~: -~ >"'\" ~[} ,..,~. ;"1-4. . r.:> -,..., ~~ t::.¡ ).J."j representing The CD &þ !¡ ." .!.. 3- ~ ~'TI <a l.-;: ~~ Diocese of Ve~ice, petitioned the Board of County Commissioners to chenge 'the zoning classificÀtion of the herein described real property; NOW THBRBFORB BB IT ORDAINED BY'THE BOARD OF COUN'l'Y COMMISSIONERS OF COLLIER ,..cOUNTY, FLORIDA ¡ SECTION ONE, The Zoning Clas.ification of ~e'herein de.cribed real property located in Seati= 32, Townahip 50 South, J.ange 2S Sa.t, COllier County, -- ' Florida, is changed from 'PUD" to 'PUD"-Þ1'1%Íned Unit Development' in acco.dance with the vue'Document, attached he..to as Exhibit "A", which i. incorporated herein and by reference made pa.t hereof. The Official Zoning Atl.s Map numbered 063ZN, a. described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended 'aòcordingly. SECTION TWO· ' Ordinancs Numbar 91-BB, .s amanded, ~ .. ths Vinaentian 'vue, adopted on September 15, un by the 'Board of county Commi.sioners of collier County, is hereby repealed in its entirety. SECTION TmlR'R' This Ordinance .hall becomll ,,'f"c:ti,·. upen fili...... with =_ Department of State. --.... -. ~' :~ -1- <:1 . 'PASSED J\ND DULY ADOPTED by the Board of county Commissioners .' Collier" coun¿Ÿ.· ii~rid¡:'thi.9§~d.~ Of~' 1999. -_. ATTEST: DWJ;GHT Ê,' BROCK, Clerk ,BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY ,FLORIDA BY: :~ ,st'.~ b) Chl.ll2iÃ'l . ..~1~..l!.t\Jrð''Q111.Y. ' . 'App . "do as :~q. Fc:tm and Lega ·.~uffic;l,ènÇY' . . ", ·!'H!~\t\···" .' ,,(: ,', .\.....:..;<.,.. ,":¡~ ")%,1 ~ ~ ...~.~. ¡th,'~. d Marj is M, '-$tudent . Assistant: County Attorney Agenda Item No. 170 of. October 26, 2004 Page 25 of 53 ThIs ordJ')O"Co fll'>d with the Secretol)' oj Slot.'. OfficI thl l.4z;"do'f ol,~ ~ and cxk.nCw':'\':)Grn!nt of that flll~."">d Ihls ~ day of LUL e., :'~'.~f! A,-/ _ CIwk f/tun-u.u 121 I. --.., . ·' Agenda Item No. 170 October 26, 2004 Page 26 of 53 ~~ f:~ l:) u:I I.... . c-: 2: I Exhibit A . -. ,;.:.-.. ~:1¡' ; ~~ :.¡ '0 :::2 """'1-:'1 r-C/1 W £:..... .. g:~ f') »on UI PLANNED UNIT DEVELOPMENT DOCUMENT FOR The Vincentian PUD A Mixed Use Development -...... . Prepared by:. Stuart and Associates 2180 West First Street, Suite 210 Fort Myers, Florida 33901 . Data Revi~ by CCPC: Dale Approved by BCC: Ordinance Number. Agenda Item No. 170 October 26, 2004 Page 27 of 53 TABLE OF CONTENTS STATEMENT OF COMPLIANCE PAGE 3 SECTION I Property Ownership & Description SECTION II Project Development SECTION 111 Residential District 5 7 12 SECTION IV Commùnity Commercial District 16 SECTION V Reserve District 19 SECTION VI General Development Commitments 21 LIST OF EXHIBITS EXHIBIT "A" PUD Ordinance EXHIBIT "S" Master Plan & Water Månagement Plan ., Agenda Item No. 170 October 26, 2004 Page 28 of 53 STATEMENT OF COMPLIANCE r-, I C.? ,...-' <.0 .... .. t.._ I.. -.,' c:-: n.... :is:: . . t-; r, ": -- ¡.~, -t .. The development of approximately 30+1· acres of property in Section 32, .TownshiFbåb ~th,:'i Range 26 East, Collier County, as a Planned Unit Development to be known as T~Y¡n~ntiån PUD w~1I be in compliance with the planning goals and objec~ives of C~lIier ?oun~~~ s~fortt1 the Collier County Growth Management Plan. The commercial and resldentlal/gròùþ'housing facilities of the Vincentian PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is located along the South US 41 corridor, between Rat1lesnake Hammock Road and CR 951, and is classified as Urban Coastal Fringe as identified on the Future Land Use Map. The Future Land Use Element permits commercial intill, residential and group housing land uses in this area, Bounded to the north and south by highway commercial uses, the site is well suited as a commercial ¡nfill property for the US 41 frontage and for residential/group housing along Southwest Boulevard. ' 2, The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land use as required in Objective 2 of the Future Land Use Element, and Policies 2.2, 2.3, 2.4, 2.5 and 2.6. 3. The project development promotes sound planning and ensures land use compatibility as required by Objective 5 of the Future land Use Element. The project development is compatible with and complementary to existing and future surrounding ,commercial land uses to the north and south, and existing and future surrounding residential land uses to the nòrthw.est, west and southwest, as required by the Commercia In·fill policy and Policy 5.4 oftlie Future Land Use Element. 4, The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 5. All final development ordera for this project are subject to DivisIon 3,15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future land Use Element. 6. Group Housing, which Includes adult living facilities and nursing homes, is permitted In the Urban Coastal Fringe Area per Policy 5.8 of the Future Land Use Element. 7. The Vincentian 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. \ . 'I Agenda Item No. 170 October 26, 2004 8, The project will be served by a complete range of services and utilities ~ of 53 by the County. 9. The entire subject property qualifies for a base density of four dwelling units per acre. The subject property qualifies for group housing densities consistent with LDC Section 2.6.26 and is therefore consistent with Future Land Use Element Policy 5.1. ...., . . .... ·'~'·'a _........:~;~..:>.:. Ager1da Item No. 170 October 26. 2004 Page 30 of 53 " ~'(?.. ~ ~,jØI,' i"" -, ~ \ ~." ~ ,,,.¡'" ,'''1) .~ "r . ~~ ' ....... tr.,,.!: """. '. .¡1 . ~~-::.. ....., .. i '<;:" ,,: ':f. . ......1 ?~ ~ ... <"':I..." f"'" %~~ (./L "P SEcTION 1 PROPERTY OwNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose oflhls SectIon Is to .etfOrth the location 8l1d DWnel'lhlp of the property. and to describe the existing conditions of the property proposed to be developed under the name of The Vlncentian PUD 1.2 LEGAL DESCRIPTION A parcel of land-located In Section 32;. Township 50 South. Range 29 East, Collier County. FIorlcl~ being more particularly d.Crib8d a. fcHows: COMMENCING AT THE COUI'fI'Y MONUMENT MAJUCING THE EAST 114 CORNER OF SECTION 32, TOWNSHIP so SOU11l, RANG! 26 B:.>iST. nos MONUMENT BEING THE ~INT OF BBOINNINO; TllliNCBIWNNOIl11-l02DEORllBS47MINU'I'BS 30 SECONDS BAST, ALONO ~ l!ASTl!lU.y 80UHbARY OF SECTION 32, A DISTANCB OF W.25 PEBT TO THE INTBRBBènON OF THE EASTERLY BOtJND.o\AY OF SBC'I1ON 32.AM) THE SOUTIŒASTII1U.Y lUGHT-oF-WAY OF TAMIAMI TIlAU. (U.s. 41), SAm IN'f8R.S¡acTlON BEING 200 FI!BT AT lUOHT ANGLES TO.11-I8 CBNTEltLIHB OFTAMlAMl TIWL AM) 9.27 P1!BT WBST Of THB POINT OF TANOBNT OF 11-18 R1<IHT-oF·WAY CUP.VB; THBNCI!, F1lOM SAIl) 1NTERSBCn0N POINT. RUN. ALONG THE RIGHT· OF·WAY .u.c. It. DISTANCBOf 114.t¿.P1!BTTO THE POINTOP CU1I.:vB, MUH:tJR.VB HAVING It. DBLTA ANOLI OF IS DEOIBBS AND 211111D!UTES lUGHT. It. TANOBHT LENGTH OF 431.76I'1!ET, A RADIUS OF 32.55." FE\IT AND A DBFLI!C11ON ANOL\! OF 00 DBOREI!S 52 M\N'UTES 40 S1!CONDB; TH1!NCE, FROM SAID POINT OF CUP.VB IlUN NORTH 39 DBOIU!IIS 04 t.mIUTES WRST, ALONG THE RIGHT-oF·WAYTANOENT, FOIl A DISTANCB OF 76.1 I PEETTO.A CONCRBT£ MONUMENT SIn' ON 'rHB 1IASTEIIL Y BOUNDARY OF TIlAU. ACRES SUBDMSION AS RECORDBD IN PLAT 110010 ATPÁGB SO OF THE PUBUC REcoms OF COLLlEll COUNTY; 'I1ŒNCE sotrm so DEGREES 3d MlÑtm!s WBSt'; ALONG 1118 BAS'I1!RLY IIOUNDAR.Y OF nAIL ACRJ!S SUBDIVISION, A DISTANCB OP 931.31 FBBT TO A CONQ\BI'B MotIIUMIINT; 1'HSNC£ SOUTH 39 DBOIU!IIS 40 MINUT1!S BASt, A DlsrAÑcaO' 10I2.321'BBT. TO A CONCIlSTI! MONUMENT SBT ONTHI SOUTH BODNDAI.Y OF THS NOIlTHSAST 1/4 OF S8CTION 32; '\1iI!NCB ALONG IIAJ1) BOUND.AJ.Y OFTHlNOit.'1HBAST 114, BLUING SOUTH 17 DIQ1UŒS 3l1dlN1JTllS 45 IIBCONDS BAIT. A DIITANCi OF 6H.iO FBiIT TO A COUNTY' CONat.BTB MONUMENT. THE B.AS1' M4 COIIN\IR. Of SBCTION 32, TO'WNSHD' SO 8CItJ'æ. RANoa 26 BAST, ANI) THE POINT OF 8BOrNNING. Containing 30;00 aerea,more or Ie... Subject to euementa. reaervatlonl orreatñctlona of record, 1.3 PROPERTY ~1!R8HIP The ....Jøt1Irape.t1 ~ ....".;ntIy gwnl.ClDy1l1e DIOCIIIII ofV.nIce, 1-" GENERAL DesCRIPTION OF PROPERTY AREA A.. The IUbect property IlIocImId at9n8 South US 41 of unlnCOfporetecJ Collier County, FlorIda. Thlaublat property 1Is·1ocated within the Urban ea.stal Fringe as designated an the Future Land U.. Map. . . .¡ Agenda Item No. 170 October 26, 2004 B. The property is currently vacant. The entire site currently has PUD zoning'page 31 of 53 1,5 PROJECT DESCRIPTION The Vincentian PUD wil1 include a mixture of land uses for commercial and residential/group housing. The Vincentian PUD intends to establish commercial development guidelines and standards to ensure a high and consistent level of quality fa proposed features and facilities, Uniform guidelines and standards will be created for landscapir:t9, lighting, fences and buffers. The Master Plan is illustrated graphically on Exhibit "A" PUD Master Plan. Individual Tract land use acreages are identìfied within the master plan. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Vincentian Planned Unit Development Ordinance.· -~ . 6 SECTION II PROJECT DEVELOPMENT ÞS': ~ ~gen~ Itèit1 No. 17D ::::...: Oæ:,ber 26,2004 ~t::\ "paQ1e 32 of 53 ~::'i .- n ..., . c.' ~'.; ~\ '.. , C:.~ ~:f~. 1'" ,:.,., :.~ C"\ :::.'" 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 Vincentian PUD shall be in accordance with the contents of this document, PUD·Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or buildjnc permit application. Where these regulations fail to provide developmental standards, the"' the provisions of the most similar district in the Collier County land Development Code shall apply. 8,. Unless 'Otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County land Development Code in effect at the date of adoption of this PUD. C. . All conditions imposed and graphic material presented depicting restrictions for the development of The Vincentian PUD shall become part of the regulations that govern the manner in which the PUD site may be developed, D, Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the pr!?yisiocs of those regulations not otherwise provided for this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subjected to a concurrency review under the provlalon. of Dlv(elon 3.15 Adequate Public Facllltlee of the Collier County Land Development Code at the earlleet, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit ¡nuance applicable to this development. 2.3 PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A-, PUD Master Plan. 8. Minor modifications to Exhibit "N may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. 7 Agenda Item No. 17D October 26,2004 C. In ad~itión to the various areas and spe'cific items shown in Exhibit "A", ease~33 of 53 (such as utility, private, semi public, etc.) shall be established and/or vacated within or along the property, as may be necessary. 2.4 LAND USE A. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida, B. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C, Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may he made to the PUD ås provided in Section 2.7.3.5 of the Collier County Land Develop"ment Code, 2.6 MODEL HOMES Model Homes and Model Home Sales Centers shall be permitted as provided for in Section 2.6.33.4 of the Collier County Land Development Code. 2.7 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL ...."1. This PUD is subject to the sunsetting provisions as provided for within Article 2. Division 2.7, Section 2.7,3.4 of the Collier County LBnö Development Code, 2,8 PUD MONITORING An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, SectIon 2.7,3.6 of the Collier County Land Development Code. 2.9 DEDICATION AND MAINTENANCE OF FACILITIES The Developer shall create appropriate property ownership BSBoclatlon(s), which will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer Improvements where such systems are not dedicated to the County. 8 2.10 OPEN SPACE I,':QUIREMENTS Agenda Item No. 170 October 26,2004 Page 34 of 53 A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space, pursuant to Article 2, Division 2,6. Section 2.6.32 of the Collier County land Development Code. The total project is 30 +/- acres requiring a. minimum of ·9 acres to be retained as open space throughout The Vincentian PUD. This requirement shall not apply to individual development parcels. 2,11 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant tõ Article 3, Division 3.9, Section 3,9.5,5.3 of the Collier County land Development Code, 25% of the viable naturally functioning native vegetation on site shall be retained. 2.12 POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3,2.8.3.14 of the Collier County land Development Code, accommodation shall be made for the future use of building space within common' areas for the purposes of accommodating the function of an electoral polling place. 2.13 SIGNS Signs shall be in accordance with Article 2, Division 2.5 0.1 the Collier County land Development Code. 2.14 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3,5.7.1 of the Collier County land Development Code may be reduced with the administrative approval of the Collier County Engineering Review Manager, All lakes greater than two (2) acres may be excavated to the maxi{num..commercial excavation depths set forth in Section 3.5.7,3.1; however. removal offill from The Vincentian PUD shall be limited to an amount up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2.15 EXCAVAT10N AND VEGETATION REMOVAL A. Improvement of property shall be prohibited prior to Inuance of a building permit, No site work, removal of protected vegetation. grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires.8 building permit under the land Development Code or other applicable County regulations. Exceptions to this requirement may be granted by the Community Development and Environmental Services Administrator for an approved SubdMsion or Site Development Plan to provide for distribution of fill excavated on site or to permit consb'uction of an approved water management system; to minimize stockpiles and hauling off.,.site or to protect the public heaith, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the standards of Section 3.2.8.3.8, of the Code. Removal of exotic vegetation shall be 9 Agenda Item No. 170 exempted upon receipt of a vegetation removal permit for exotics pursuant to Division S?§t~ber 2365 2ni of the Land Development Code. age 0 B. A site clearing, grading, filling and revegetation plan where applicable: shall be submitted to the Community Development and Environmental Services Administrator or his designee for review and approval prior to any clearing, grading or filling on the property. This plan may be submitted in phases to coincide with the development schedule. The site-clearing plan shall clearly depict how the improvement plans incorporate and retain native vegetation, The site specific clearing, gr.ading, and filling plan for a Subdivi~ion or Site Development Plan may be considered for review and approval under the following categories and subject to the following requirements: . 1. Removal of exotic vegetation is permitted upon receipt of a vegetation removal permit pursuant to Division 3.9. Additional site alteration may be permitted or required to stabilize and deter reinfestation by exotics subject to the following: a, Provision of a site filling and grading plan for review and approval by the County; b, Provision of a revegetation plan for review and approval by the County; c. Payment of the applicable review fee for site alteration plan review. 2. Site filling exceeding 25 acres to properly utilize fill generated on site. but which does not require the removal of more than 25 acres of protected vegetation, may be approved by the Community Development and Environmental Services Administrator subject to submission of the fonowing: a. A site-clearing plan shall be submitted for review and approval that shows the acres 10 be Cìleared. A minimum of 25% of the natural functioning vegetation shall be retained, b. The applicant shall submit a detailed description of the fill and site worK activity including a plan indicating fill placement locations and depths, grading plan and water management Improvements. c. The applicant shall submit a detailed revegetation plan including a coat eatlmate, The coat eatimate .halllnclude the COlt of grading, revegetation and yeariy maintenance coat and a time specific schedule on completion of the revegetation work. d. The permittee shall post a surety bond or an Irrevocable standby letter of credit In an amount of 110% of certified cost estimate as previously detailed including the maintenance coat for 3 years, The amount of the security may be reducad upon completion of the approved revegetation plan and upon occupation of the site. A separate security will not be required if such costs are included in the subdiviSion security. 10 3. ' Agenda Item No. 17D . " October 26, 2004 A vegetation removal permit is not reqUIred for the removal of protected Page 36 of 53 veget~tion prior to building permit issuanca if the conditions set forth in Division 3.9 of the Land DelJelopment Code have been met. 2.16 ARCHITECTURE AND SITE DESIGN All commercial buildings, signage, lighting, landscaping and other visible architectural infrastructure shall have a similar architectural theme and be 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 walls,to be erected on the site, LandsCaping and streets cape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. All commercial buildings shall comply with Division 2.8 of the Collier County Land Development Code (Architectural and Site Design Standards and Guidelines) prior to issuance of a building permit. , , -.---..-.~_... <--,"~--~". SECTION III ' RESIDENTIAL DISTRICT Agenda Item No. 170 October 26, 2004 Page 37 of 53 3,1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Vincentian PUD designated on Exhibit itA", PUD Master Plan as "Residential" . 3.2 MAXIMUM DWELLING UNITS A maximum number of Four Dwelling Units (4 DUS) per gross acre may be constructed on lands designated "Residential" on the PUD Master Plan:-FõfãšSisTãdlMng facilities, the máximum number of units shall not exceed a factor of 0.45 (0.45 times the area of the property equals the gross floor area). 3.3 GENERAL DESCRIPTION A. Areas designated as Residential on the PUD Master Plan are designed to accommodate'Single-family, Multi-family and Group Housing, along with associated recre'ational facilities, essential services, and customary accessory uses, 8. The approximate acreage of the Residential district is Nine and eight-tenths (9.8) acres. Actual acreage of all development tracts wi1l be provided at the time of Site Development Plan approval in accordance with Division 3.3 of the LOC. The Residential tract is designed to accommodate internal roadways, open space, parks, amenity areas, lakes and water management facilities, and other similar uses. 3.4 PERMITTED USES AND STRUèTURES 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 USGS 1. SIngle-family detached dwelling units. 2. SIngle-family arid zero lot line dwelling.. 3, Two-family and duplex dwellings. 4. Single-family attached and townhouse dwellings, 5. Multiple-family dwelllngs including Garden Apartments, 6, Assisted Living Facilities (ALF's) pursuant to Section 2.6,26 CCLDC. 12 8. Agenda Item No. 170 . October 26, 2004 Page 38 of 53 . Group Care Facility (category I and category II) pursuant to Section 2.6,26 CCLDG, excluding Homeless Shelters. Nursing home facility pursuant to Section 2,6.26 CCLDC, Group Care units, except homeless shelters, pursuant to Section 2.6.26 CClDC, 7. 9. 10. Guard houses and entrance gates. 11, Management offices and recreational facilities that serve the group housing development including but not limited to administrative offices, tennis courts, pools, pool cabahas, clubhouses and gazebos, . 12, Any other principal use, which is comparable in nature with the foregoing, uses. B. Accessory Uses 1. Uses and ~tructures that are necessary and incidental to uses permitted as a right including, but not limited to, garages and carports. 2, Parks, passive recreational areas, boardwalks, observation platforms. 3. Biking, hiking, health and natùre trails. 4. Water management facilities and lakes, including lakes with seawall and other types of architectural bank treatment, and essential services. 5. Recreational shetters, restrooms, off-street parking, lighting and signage. 3,5 DEVELOPMENT STANDARDS Table 1 sets forth the developmenfsfandârds for land uses within the Residential District. : 1, Site development standards for categories 1 -4' uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries, 2. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in a~rdance 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. 3. Development standard. for uses not specifically set forth in Table 1 shall be . established during the Site Development Plan Approval as set forth in Division 3.3 of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. 4, In the case of resIdential structures wtth a common architectural theme, the required development regulations may be reduced provided a'site plan is approved pursuant to Division 3.3 of the Land Development Code. 13 Agenda Item No. 170 October 26, 2004 5. Single-family and zero lot line dwellings are identified separately from single-family Page 39 of 53 detached dwellings with conventional side yard requirements to distinguish these types of residences for the purpose of applying the development standards under Table 1. Zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein. TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL TRACTS SINGLE TWO SIJ:'lGLE FAMILY M11L T1- PERMTITED USES FAMILY ZERO LOT FAMILY & ATTACHED AND F AMIl. Y AND STANDARDS DETACHED LINE DUPLEX TOWNHOUSE DWELLING Catel'orv 1 2 3 4 5 Minimum Lot Area 6,000 SF 5,000 SF 3,500 SF " 3,000 SF lAC Minimum Lot Width '. 60 50 35 30 150 Front Yard .25 20 20 20 25 Front Yard for 10 10 10 10 15 Side Entrv Garal!e Side Yard 5 o or 5 'J '7 o or 7.5" o or .5 BH" 0.5 BH Re:lr Yard Principal" . 20 10 20 20 BH Rear Yard Accessory 10 8 10 10 15 Maximum Buildine Heil!bt'¡ 35 3S 3S 3S 5S Distance Between 10 10 15 ,$ SBH .s SBH Princinal Structures Floor Area Min. (S.F.) 200 SF 1200 SF 1200 SF 1200 SF " · BH: Building Height · SBH: (Sum of Building Height):' Combin~height of two adjacent buildings for the purposes of determining setback requirements, · §.E: Square feet · All dlstancea are In feet unless otherwise noted. · Front yard. .hall be menured n tolloww: A. If the parcella aalVed by a public ROW, .e!back II measured from the adjacent I1ght-of-way tine. B. If !he parcell. hIVed by a privati road, ..tÞack II m..aur.d from the back of curtJ (It curt)ed) or edge at pavement (If not curtJed). C. It the parcel is selVed by a platted private drive, the.setback Is measured !rom the road easement or property line, . "1- Rear yards for principal and eccesaory stNdIJrea on lots and tracts which abut a non-jul1s.c1lctional open space or native vegetation preservation area may be zero (0') feet except that when abutting a lake or water body; an architectural bank treatment shaft be Incorporated Into the dasign. . "2 - Building height shell be the vertical distance measured !rom !he first habitable finished noor elevation to the uppermost finished ceiling elevation of the structure; \ lÁ Agenda Item No. 170 . October 26. 2004 .. '3 - Zero feet (0') or a minimum of five feet (5') on either side except that where the zero feet (0') yartage 40 of 53 option is utilized. the opposite side of the structure shall have a ten foot (10') yard. The first stnJcture bl within a series of zero lot Une homes shall determine the zero lot line setback for the subsequent development within that specific housing tract .. "4 - Each half of a duplex unit requires a lo.t area allocation of 3,500 SF for a total minimum lot area of . 7,000 S.F. .. "S· Minimum lot width may be reduced by 20% for cul-de-sac lots provided minimum lot area requirement is still maintained. .. "6 - Zero (0') foot provision does not apply to any exterior wall of a structure, and is intended to apply to the common wall or wall along interior lot lines within a series of townhouse or semi-detached units. .. "7 - Accessory uses such as any authorized recreational amenity (i.e, pools, spas, landscape features. etc.) may be located within zero (0) feet of a side lot line when adjacent the wall of a residence with no window openings. Accessory uses for Zero lot line homes must be setback a minimum of 5 feet from thl adjoining building wall that is permitted along the Jot line. All other setbacks shall be as required by Division 2.6.2. of the Land Development Code in eff~ct at the time of building permit application. . "B - Group care facility (category 1 and category II other than homeless) - 1.500 sq.tl plus 200 sq.ft. per live-in person, beginning with the seventh live-in person. .~ SECTION IV ~~geffi¡a 'W,J41 No. 170 ç:.: fktobM26,2004 ~::: :;.: P.a""-" 41 of 53 VI:- I .-..... U'~: 1'" ~ . "_,, ~~. ~. ..,.,-., ¡.- </' ':'.) e· ; ::.:::-: ~ ~~~ .. \ . COMMERCIAL INFILL DISTRICT ...'¡ . .~.' 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Vincentian PUD designated on the Exhibit "A", PUD Master Plan as "Commercial"; 4.2 GENERAL DESCRIPTION A. Areas designated as "Commercial" on the Master Plan are designed to accommodate a full range of commercial uses, hotel/motel: essential services, and customary accessory uses. B. The approximate acreage of the "Commercial" district is eight and one-half (8,5) acres. Actual acreages of all development tracts and outparcels will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3,3 respectively, of the Collier County Land Development Code. Commercial tracts are designed to accommodate internal roadways, open spaces, lakes, water management facilities, and other similar uses, . C. Up to one hundred and fifteen thousand (115,000) square feet of retail or office development is permitted within this Commercial area of the Planned Unit Development 4.3 PERMITTED USES AND STRUCTURES ,.., . No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: . A. Permitted Principal Uses and Structures 1. AJI permitted uses of the C-2 commercial convenIence dIstrict consistent with the Collier County Land Development Code in effect as of the date of approval of this PUD, 2, Amusements and recreation services (Groups 7911, 7922 community theaters only, 7933, 7881, miniature golf course, bicycle and moped rental). 3. Auto and Home supply stores (Groups 5531). 4, Business Services (Groups 7311,7313, 7322 through 7338. 7361 through 7379, 7384. 7389 except auctioning service, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting. . Agenda Item No. 17D October 26, 2004 5, Drinking places (5813) excluding bottle clubs, All establishments engaged in thelf. 42 of 53 sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 2.6.10. 6. Hospitals (Groups 8062 through 8069). 7. Membership Organizations (Groups 6611 through 6699). 8. Miscellaneous Retail (Groups 5912 through 5963). 9. Museums & Art Galleries (6412) 10. Paint, Glass & Wat1paper Stores (5231) 11, Public Administration (All Groups) 12. Non-Depository Credit Institutions (Groups' 6111 through 6163). 13.Real Estatè (Groups 6531,6541,6552), 14. Retail nurseries, lawn and garden supply stores (5261). 15:Social servfces (Groups 8322 through 6399). 16. Used merchandise stores (5932, except pawnshops and building materials), 17, United States Postal Service (4311 except major distribution center), 16, Any other general commercial use which is comparable In nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and purposè and intent statement of the C-2 Commercial Intermediate District. ,. 4,4 ACCESSORY USES AND STRUCTURES A, Uses and struchJres that are accessory and Incidental to uses permitted. 8. Any other accessory use which is comparable In nature with the foregoing uses and which the Current Planning Manager determines to be compatible, . . 4,5 DEVELOPMENT STANDARDS A. Minimum lot area: Ten thousand (10,000) square feet. 8. Minimum lot width: Seventy-me (75) feet, as measured by the exterior project lines. C. Minimum yard requirements: 17 .~---,-,,--..&._" 1. 2. 3, 4. Front yard: Twenty-five (25) feet. Side yard: Fifteen (15) feet. Rear yard: Fifteen (15) feet. Any yard abutting a residential parcel: Twenty-five (25) feet. Agenda Item No. 17D October 26, 2004 Page 43 of 53 D. Distance between principal structures: The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one half the sum of their heights, whichever is greater. E, Minimum off-street parking and off-street loading: As required in. Division 2.3. F. Minimum floor area of principal structure: seven hundred (700) square feet gross floor area for each building on the ground floor. G, Maximum height: Fifty (50) feet above Mean Flood Elevation as measured by the finish floor elevation to the building eave. H, General application for Setbacks: Front yard setbacks shall comply with the following: 1, If 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. . 3. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. L Architectural and site design standards: All commercial buildings and projects shall be subject to the provisions of Division 2.8. J. Merchandise storage and display: Unless specifically permitted for use, outside storage or display of merchahdi¡e' is prohibited. K. Landscaping: As required in Division 2.4. L. Signs: As required in Division,2.5. 18 SECTION V RESERVE DISTRICT ~.~ c= . : ŠÍ\geifda Item No. 17D ~L .Q.ctoõë126,2004 8~ ~ P'a~ 44 of 53 "T1~ - .~ 9~ ~ ....J ::::: ;".. f"J o~ CTI >~ 5.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for ar~as within !he Vincentian PUD designated on Exhibit "A", PUD Ma~ter Plan as Reserve. 5.2 GENERAL DESCRIPTION Areas designated as Reserve on the PUD Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Reserve District is to retain an on-site wetland system. to allow for the restoration and enhancement of impacted or degraded wetlands. to provide an open space site amenity for the enjoyment of The Vincentian PUD residents, and to provide a native vegetative .buffer for adjoining residential properties. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, ·in whale .or in part. for other than the· following: Permitted Principal Uses and Structures: A, Passive recreational areas, boardwalks, and recreational shelters. B, Nature trails, excluding asphalt paved surfaces. C. Water management.facilities, structures and lake bulkheads or other architectural treatments. . -. . - D. Mitigation areas, E, Any other conservation and related open space activity or use which Is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible in the Reserve District. 5,4 DEVELOPMENT STANDARDS A, All structures shall setback a minimum of fifteen (15) feetlandward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of reserve District boundaries and roads, except for pathwaya, boardwalks and water management structures, which shall have no required setback. lQ . ,-,,~~-~.._.~---..~- 5.5 RESERVE DISTRICT CONSERVATION EASEMENT Agenda Item No. 170 October 26,2004 Page 45 of 53 A non-exclusive conservation easement or tract is required by the Collier County Land Development Code, Section 3.2.8.4.7.3 for preservation lands· included in the Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve 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 the applicable pennit granted by said agencies, The developer or owners of The Vincentian PUD shall be responsible for control and maintenance of lands within the Reserve District. ..... ?n SECTION VI '-- ~~ge~da Hë:Õ1 No. 170 ~::.. 'October 26, 2004 !:'"' r; :2 P~g4J 46 of 53 -r¡""; - .. 6"~ <.¿: .-"'¡ ;;~ N ~,.~. ~;ì 0" GENERAL DEVELOPMENT COMMITMENTS 6.1 . PURPOSE The purpose of this section is to "Set forth the standards for development of the project. 6.2 GENERAL· AU facilities shan be constructed in accordance with the final site development plans, the Final subdivision plats. and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except when specifically noted or othelWise set fortt". In this document, or as otherwise approved by Collier County, All state and federal Permits shall be effective according to the stipulations and conditions of the permitting Agencies, Final master plans, final site development plans or final subdivision plats, and standards and ,specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. 6,3 PUD MASTER PLAN A. . Exhibit ~'A", PUD Master Plan illustrates proposed development and is conceptual in nature, Proposed area, lot or 1and use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2,7,3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all 'common areas in the project.- 6.4 WATER MANAGEMENT A. excavation permits will be required for the proposed lakes In accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site, 8. Detailed paving, grading and site drainage plans shaH 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 Engineering Review Services. C. In accordance with the Rules of the South Florida Watsr Management Dlstrict (SFWMD), Chapters 40E-4 and 40E-40, this project shall be desIgned for a storm event c 3-day duration and 25-year frequency, 21 Agenda Item No. 17D D. Design and construction of all improvements shall be subject to compliance \Øthdber 26, 2004 appropriate provisions of Division 3.2 of the Collier County Land Development Code. Page 47 of 53 6.5 TRANSPORTATION A. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at Southwest Boulevard if and when the project is warranted by the County, The signal will be owned, operated and maintained by Collier County. B. The developer shall provide arterial level street lighting at the project entrance prior to the issuance of a Certificate of Occupancy. C. Evidence of an FDOT Connection Permit or Notice of Intent to Issue a Connection Permit shan be provided prior to the issuance of any development permit for the project. 6.6 UTILITIES A. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed. owned and maintained in accordance with Collier County Ordinance 88-76, as am.ended, and other applicable County rules and regulations. 6.7 ENGINEERING A. Except as otherwise provided within this PUD document, this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. 6,8 ENVIRONMENTAL A, Environmental pel'1'l1itting.~s~all.be in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of.~xotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areal ahall be delignated as conservation/preservation tract. or easementa on aU constnJctlon plana and ahall be recorded on the plat with protective convenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with 3.2.8.4,7.3 CCLDC. C. Buffers shall be provided around 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 approved by Current Planning Environmenta! Staff. . D, Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USF\NS) and Florida Game and Fresh Water Fish Commission 22 Agenda Item No. 170 (FGFWFC) regarding potential impacts to protected wildlife species. Where protectetrctober 26, 2004 species are observed on site, a Habitat Management Plan for those protected species Page 48 of 53 shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. E. An. exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on, the conservation/preservation are.as, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site Plan/Construction Plan approval. . F, The project shall comply with the environmental sections of the LDC and the GMP in effect at the time of final development order approval. G, An Environmental Impact Statement (EIS) shall be included with the next development order submittal. H. At the time of the first development order submittal the 25% required native vegetation shall be identified. -~ . 23 EXHIBIT B THE VINCENT1AN PUD MASTER & WATER MANAGEMENT PLAN 24 Agenda Item No. 170 October 26,2004 Page 49 of 53 ~ll I I · ! I II . I U I' I; I ~ Iii I Ii ¡ . . \\~\\ .\ \~\ I~I .\ \~ \ \ ~,\ \\\1\ \ \ \~\ \ \ 1\1\ ' \ \" \ \ \\\ ~ \ \ WI\ I \ \ I~\' \ \ .\ WI ,I ,,\,\, \ \ \"\ . 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J ,~~~-_. ,~, a.. « ~ W I- C/) a> v (\ (I) , a:: < , v o o (\ , X I" ,., z o f- f- W a. z o I- « U 'i 0 ...J Agenda Item No. 170 October 26,2004 Page 52 of 53 RESOLUTION 04-- _ Agenda Item No. 170 October 26,2004 Page 53 of 53 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 1O.02.13.D OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (formerly LDC Sec. 2.7.3.4) AFFECTING ORDINANCE 99-37 KNOWN AS VINCENTIAN PUD, EXTENDING THE CURRENT PUD APPROVAL TO MAY 25, 2006; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Vincentian PUD, Ordinance No. 99-37, adopted on May 25, 1999, is subject to the provisions of Section 1O.02.13.D, of the recodified Land Development Code (LDC), Ordinance 04-41, as amended, [formerly LDC Section 2.7.3.4.], Time Limits for Approved PUD Zoning Districts together with their respective Master Plans; and WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined to extend the current PUD Zoning for two years, until May 26, 2006. NOW, THEREFORE, BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements ofLDC Section 10.02.13.D (formerly LDC Section 2.7.3.4). 3. Pursuant to said section of the LDC, the current PUD approval is hereby extended to May 26, 2006. This Resolution shall become effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. Done this day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney PUDEX-2004 -AR-6249/KD/sp