The URL can be used to link to this page

Backup Documents 02/22/2005 R BOARD OF COUNTY COMMISSIONERS REGULAR MEETING FEBRUARY 22, 2005 02/24/2005 lb:21 239253~854 NAPLES DAILY NEWS Published Dailv Naplcs, FL 34102 Affidavit of Publication State of Florida County of Collier HAPLESDAILV PAGE 02/05 Before the undersigrted they serve as the authority, personally appeared ß. 4tnb, who on oath says that they serve as the Assistant Corpomtc Secretary oftbe Naples Dally, a dai iy newspaper p1.lbhshcd at Naples, in Collier County, Florida; distributcd in Collìer arid Lee COlUlttes ofF1orid.a: that the attaChe<! copy of the advertising. bt10g a PUBJ..!C liOIlCI:; in tho mailer of Public Notice 3$ published ill said newspaper time(s) in l11e issue on February 20th, 2005 AftÌJ.1'\1 further r.ay~ that the ¡;aid ;'I1i\p!c~ 1)~iJy Ncw~ i~ a ncwspnpcr pl1hh~hed at "'~p\c~. il'l Mid CoHier Coul'lty. FiorÎdi\, nnd :h~1 -J1~ !\aid nc~p4pcr 11.\S heretofore betn eontin1,l(J\I~ly pub!ì~hcd in s;\id CoHi~ Count)', Florida; distributed in C~J]icr and Lee countlCS of FI(11'ida. c.,ch d_y and has bCCf1 entered :u $coonc! ~~S maH dltlttcr at the po~. officII in 1'al"lel, in "I\id Collier County. f!orida, for a pmod of ¡ YCIU" nO)(l, :7I"c~cQjn&: the ftJ'st pubhClltion ofthc aU~çbed copy "f :c\.Í,.crti!lement; :\tHI affi:¡nt further say. tmt be hu neither piI'¡ci nar promi~d any per1'1011. rum or c011Jor~tiQn al'l)' discoul!;\. rebate. commj..ion or rdÙnd fOl' the pu't'o~c ohccurin¡¡: th¡. i1.dVCI1i.emcmt (O!' publication in t~e )a~.pd'. /] . ( si,ináture of affiant) Swom to and subscribed before me This 21 ~t, Pebruary 2005 I / r7 V \"\P'~.~... . ~~"'~" HornenBushong ~f.·. "£o·a MYCOMMIS~N# D[)23..4ó8~ ëXPŒS ::¡~..t>.> ]tIy24..200/ ,. }.~;~.~.... .1()toJO~nt"'I\'t""'''·r.AI''11''~117Jt~cr Itl:C -, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ti"'" , ".~" , '-'''V.. . '^_ . ·_~:..~C AGENDA February 22, 2005 9 :00 AM Fred W. Coyle, Chairman, District 4 Frank Halas, Vice-Chairman, District 2 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD 1 February 22, 2005 OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED 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. Associate Pastor David King, Berean Baptist Church 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or Adopted with changes - 5/0 B. January 25,2005 - BCC/Regular Meeting Approved - 5/0 C. January 26, 2005 - BCC/District 3 Town Hall Meeting Approved - 5/0 D. January 28,2005 - BCC/Parks and Boat Access Workshop Approved -5/0 E. February 4,2005 - BCC/Strategic Planning Workshop Approved - 5/0 2 February 22, 2005 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS A. Proclamation to recognize the Veteran's Transportation Program. To be accepted by Jim Elson, President of the Collier County Veteran's Council. Adopted-5/0 B. Proclamation to designate the month of March 2005 as National Purchasing Month. To be accepted by Steve Carnell, Director of Collier County Purchasing and his staff. Adopted-5/0 5. PRESENTATIONS A. Chappell Wilson to present Commissioner Jim Coletta a commission as a Kentucky Colonel. Presented B. Recommendation to recognize Carol Sykora, Investigator, Code Enforcement, as Employee of the Month for February 2005. Presented 6. PUBLIC PETITIONS A. Public Petition request by Mr. William A. Petruzzi to discuss procedures for serving notice to appear before the Code Enforcement Board. Petitioner to Appeal to the CEB regarding fines & County Attorney to discuss procedures with CEB Chairman Continued to the March 8, 2004 BCC Meeting B. Public Petition request by Jeff Bluestein to discuss CEB Case No. 97-029 on behalf of Anthony Varano. Item 7 and 8 to be heard no sooner than 1 :00 v.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS 3 February 22, 2005 A. This item re uires that all artici ants be sworn in and ex arte disclosure be provided bv Commission members. RZ-2003-AR-496l Southern Development Company, Inc. represented by JeffL. Davidson, P. E., of Davidson Engineering, Inc., requesting a rezoning from "A" Rural Agricultural and "C-2ST" Commercial Convenience with a Special Treatment overlay zoning districts to "C-3" Commercial Intermediate zoning district for property located East of the US 41 and SR 951 intersection, further described in Section 3, Township 51 South, Range 26 East, Collier County, Florida. This property consists of 6.07+ acres. Motion to deny - Withdrawn by motion maker; Motion to reopen Public Hearing - Approved-5/0; Motion to withdraw petition - Approved 5/0 B. This item re uires that all artici ants be sworn in and ex arte disclosure be provided by Commission members. Petition PUDZA-2003- AR-5l68 Brentwood Land Partners, LLC., represented by D. Wayne Arnold ofQ. Grady Minor & Associates, P.A., requesting a rezoning from "A" Rural Agricultural and "PUD" Planned Unit Development zoning district to a new PUD to be known as Malibu Lakes PUD for property located on the south side of Immokalee Road, adjacent to and east of the Interstate 75 right- of-way, and west of Tarpon Bay Boulevard, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. Ordinance 2005-10 - Adopted w/stipulations-5/0 C. This item re uires that all artici ants be sworn in and ex arte disclosure be provided by Commission members. PUDZ-2004-AR-60l5 Palm Springs, LLC, represented by Dwight Nadeau, ofRW A, Inc. and R. Bruce Anderson, of Roetzel & Andress, requesting a rezone from the C-l zoning district to the PUD zoning district to be known as Triad RPUD Planned Unit Development which will include a maximum of 86 multi- family residential housing units. The property is located on the north side of Radio Lane, east of Palm Springs Boulevard, in Section 34, Township 49 South, Range 26 East, Collier County, Florida, consisting of 10.75± acres. Ordinance 2005-11- Adopted w/stipulations-4/1 (Commissioner Halas opposed) D. This item re uires that all artici ants be sworn in and ex- arte disclosure be provided by Commission members. PUDZ-A-2004-AR- 6142 Naples Syndications, LLC, represented by Karen Bishop ofPMS Inc. 4 February 22, 2005 of Naples, requesting a rezone from "PUD" to "PUD" Planned Unit Development known as Warm Springs PUD by revising the PUD document and Master Plan by increasing the allowed dwelling units by 290 units to a maximum of 540 units, a density increase from 2.1 units per acre to 4.52 units per acre; to show a name change from Nicaea Academy PUD; and reflect the PUD ownership change. The property is located on the east side of Collier Boulevard, approximately one mile south of lmmokalee Road, in Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of Il9± acres. Motion to continue to the April 12, 2005 BCC Meeting -Approved-5/0 Moved from Item #17C E. This item re uires that all artici ants be sworn in and ex- arte disclosure be nrovided bv Commission members. PUDZ-A-2004-AR- 5879 Champion Lakes Development, LLC, represented by Richard Y ovanovich, of Goodlette, Coleman and Johnson, P A, requesting revisions to the PUD document to abandon the previously authorized recreational vehicle use and replace with conventional mixed residential dwelling unit types, and change the name of the PUD to Copper Cove Preserve RPUD. A maximum of 300 residential dwelling units are requested on 101.5 acres, with a project density of approximately 2.96 units per acre. The property is located on the north side of Championship Drive, in Sections 11, 14 & 15, Township 51 South, Range 26 East, Collier County, Florida. Ordinance 2005-12 Adopted w/stipulations-5/0 9. BOARD OF COUNTY COMMISSIONERS A. Request Board to set the place and time for the Clerk, with the assistance of the County Attorney's Office, to open and count the mail ballots of the nominees to fill the vacancies on the Pelican Bay MSTBU Advisory Committee. Resolution 2005-97 Setting Monday, March 14, 2005 at 2 :00 p.m. in the BCC Chambers - Adopted-5/0 B. Discussion regarding the makeup of the Coastal Advisory Committee. (Commissioner Coletta) To be brought back at a future BCC meeting regarding the make up of the CAC -Denied- 2/3 (Commissioner Coyle, Commissioner Fiala, and Commissioner Halas opposed); Motion for a workshop - Approved-5/0 5 February 22, 2005 C. Appointment of member to the Golden Gate Community Center Advisory Committee. Resolution 2005-98 Appointing Ernest F. Bretzmann - Adopted-5/0 D. Appointment of members to the Bayshore Beautification MSTU Advisory Committee. Resolution 2005-99 Re-appointing Sharon D. King and Victor L. Brittain - Adopted-5/0 E. Recommendation to declare a vacancy on the lmmokalee Enterprise Zone Development Agency. Resolution 2005-100 Declaring a vacancy on the Immokalee Enterprise Zone - Adopted-5/0 10. COUNTY MANAGER'S REPORT A. Recommendation to adopt by Resolution the revised 2005 Neighborhood Traffic Management Program Manual contained policies, procedures and techniques. Resolution 2005-101 Adopted-5/0 B. Presentation to the Board of County Commissioners to provide an overview and status of traffic signals and the Advanced Traffic Management System (A TMS); to present solutions taken to mitigate increased traffic volumes and diminished roadway capacity; to state the status and objectives of Phase 2 of the Advanced Traffic Management System; and to examine traffic engineering techniques and technologies to implement in the future. Presented and Discussed C. Recommendation to approve Collier County Government's participation with WGCU Public Broadcasting as a financial partner to produce a documentary series on the history and development of Collier County and its communities at a cost of$33,000 per year, over a period of three (3) years. Approved-5/0 To be heard at 10:30 a.m. D. Recommendation to Authorize Staff to Prepare an Ordinance Amending Ordinance No. 92-60 Relating to Tourist Development Taxes, as Amended, to expand the use of Category C-2 uses to include Municipal owned 6 February 22, 2005 museums; to change the percentages ofC-1& C-2 uses and to enable the use of surplus Tourist Tax Funds for additional promotion. Approved-4/1 (Commissioner Coyle opposed) E. Approve a Resolution urging the Florida Legislature to adopt legislation allowing local governments to use photographic traffic control systems in the detection and enforcement of red light violations to enhance safety at signalized intersections. Resolution 2005-102 - Adopted-5/0 Moved from Item #16C2 F. Recommendation to approve component and service purchases totaling $256,804.00, with total Project Costs totaling $307,143.00, and authorize a Budget Amendment in the amount of$115,000.00 for the installation and systems programming of nutrient monitoring equipment at the South County Water Reclamation Facility, Project 725081. Approved-5/0 Moved from Item # 16B2 G. Recommendation to approve the use of transit enhancement funds (313) to purchase a para-transit bus under State contract #FVPP-02-CA-1 and trolley decal wrap in the estimated amount of$64,000.00 Waiving of the formal competition, and purchasing from First Class Coach & Equipment a para- transit bus that has wheelchair capability. Approved-5/0 Moved from Item #16H2 H. Commissioner Fiala requests Board approval for reimbursement to attend a function serving a valid public purpose. Will attend the Collier County Republican Executive Committee Lincoln Day Celebration on March 12, 2005 at the Naples Beach Hotel & Golf Club; $75.00 to be paid from Commissioner Fiala's travel budget. Approved-5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Kenneth Thompson 12. COUNTY ATTORNEY'S REPORT 7 February 22, 2005 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. This item continued from the Februar 8 2005 BCC Meetin . Recommendation to approve and execute the site improvement grant agreement between the Community Redevelopment Agency and the grant applicant within the Bayshore/Gateway Triangle Redevelopment Area. Grant applicant, Ms. Sharon King, request to be withdrawn and continued indefinitely - Approved during Agenda approval-5/0; Applicant Echo LLC, - Approved-5/0 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Commissioner Fiala - 1-75 widening B. Commissioner Halas and County Manager Jim Mudd go to Washington D.C. on February 28, 2005 C. Sue Filson - Productivity Committee Applicant concerns answered D. David Weigel - Sheriff Don Hunter Budget appeal: Commissioner Coyle to be the BCC Representative at a Governor's Administrative Staff hearing at a date yet to be determined- Approved-5/0 E. Jim Mudd - Advisory Board reports March 8, & March 22, County Manager to give guidance or direction as to the time frame for presentations ------------------------------------------------------------------------------------------------------------ 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. ------------------------------------------------------------------------------------------------------------ Approved and/or Adopted w/changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 8 February 22, 2005 1) Recommendation that the Board of county Commissioners approve the Hold Harmless Agreement between Collier County and Bayvest, L.L.C., the property owner of lands depicted on the Plat of "Heritage Bay Commons." As detailed in the Executive Summary 2) Recommendation to approve for recording the final plat of "Reflection Lakes at Naples Phase 1A", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /Stipulations 3) Recommendation to approve for recording the final plat of "Torino & Miramonte", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /Stipulations 4) Recommendation to approve Commercial Excavation Permit No. 59.920 "Bristol Pines Commercial Excavation", located in Section 35, Township 48 South, Range 26 East. Permit issued to Waterways Joint Venture IV w/stipulations 5) Petition CARNY -2005-AR-7l64, Mr. Benny Starling, Executive Director, of the lmmokalee Chamber of Commerce, requesting a permit to conduct the annual Harvest Festival 2005 Fiesta on February 24 through March 6,2005, at 110 North 1st Street in Immokalee. CP-2005-02 w/waving of the surety bond. 6) Petition CARNY-2005-AR-7177, Mr. Keith Larson, Supervisor, of the Golden Gate Community Center, requesting a permit to conduct the annual Golden Gate Community Festival on February 24 through 27,2005, at the Golden Gate Community Center located at 4701 Golden Gate Parkway. CP-2005-03 w/waving of the surety bond. 9 February 22, 2005 Continued to the March 22, 2005 BCC meeting 7) Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in Code of Laws Section 2-11. 8) An update to the Board of County Commissioners regarding a previous request made by David E. Bryant, Esquire, to forego the PUD amendment process in order to reduce density for the previously approved H.D. Development PUD. B. TRANSPORTATION SERVICES 1) Recommendation to approve the use of transportation disadvantaged funds (126) to purchase a para-transit bus in the amount of$57,002 under State contract #FVPP-02-CA-1. Purchased from First Class Coach & Equipment to provide transportation services to the elderly and disabled residents of Collier County. Moved to Item #10G 2) Recommendation to approve the use of transit enhancement funds (313) to purchase a para-transit bus under State contract #FVPP-02- CA-1 and trolley decal wrap in the estimated amount of $64,000. Waiving of the formal competition, and purchasing from First Class Coach & Equipment a para-transit bus that has wheelchair capability. 3) Recommendation to award a contract in the amount of $222,450 to Aquagenix for the 2005 Australian Pine Removal Project (Project No. 51501), and approve a budget amendment to transfer funds in the amount of$59,100. As detailed in the Executive Summary 4) Recommendation to Award Bid #05-3754 for annual contract for "Jack & Bore and Directional Bore Operations" to American Boring and Trenching, Inc. For the piping and/or sleeving under roadways on an as needed basis. 10 February 22, 2005 ..._-,,,,,~.,,..~,- 5) Recommendation to approve a Purchase Agreement for the conveyance of right-of-way required for the construction of improvements to Rattlesnake Hammock Road between Polly Avenue and Collier Boulevard, and constructing new entry wall features and signage for Wing South, Inc. at the southern end of Skyway Drive (off Rattlesnake Hammock Road (Project No. 60169). Estimated Fiscal Impact: $74,415.00 As detailed in the Executive Summary 6) Recommendation to approve, sign and execute a coordination agreement between Collier County, as Community Transportation Coordinator, and the David Lawrence Mental Health Center, Inc. For the purpose of transporting disabled individuals. 7) Recommendation to approve the Collier Metropolitan Planning Organization's (MPO) Operating Budget for Transportation Disadvantaged and Transit Planning Activities for FY 2004/05. As detailed in the Executive Summary 8) Recommendation to enter into the negotiation of a contract with Center for Urbanized Transportation Research (CUTR) for the Transportation Disadvantaged Service Plan, Transit Development Plan and Park & Ride Study. Waiving the formal competitive process - as detailed in the Executive Summary. C. PUBLIC UTILITIES 1) Recommendation to approve a contract amendment to Hole Montes in the amount of$185,000 and a work order Amendment to Malcolm Pirnie in the amount $106,284 for the South County Water Reclamation facility 16 MGD Expansion Project 73949. To meet the growing sewer service demand in the South Service Area - as detailed in the Executive Summary. Moved to Item #10F 2) Recommendation to approve component and service purchases totaling $256,804.00, with total Project Costs totaling $307,143.00, and authorize a Budget Amendment in the amount of$115,000.00 for 11 February 22, 2005 the installation and systems programming of nutrient monitoring equipment at the South County Water Reclamation Facility, Project 725081. 3) Recommendation to Request Standardization and Approve Purchase of a TV Truck from Community Utilities Environmental Services, Inc., (CUES, Inc.) in the Amount of$198,300. For viewing sewer lines to inspect for infiltration and repair of broken lines. 4) Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Resolution 2005-93 5) Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Resolution 2005-94 6) Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Resolution 2005-95 7) Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $114.00 to record the Satisfactions of Lien. As detailed in the Executive Summary 12 February 22, 2005 8) Recommendation to approve, execute and record a Satisfaction of a Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $18.50 to record the Satisfaction of Lien. As detailed in the Executive Summary 9) Recommendation to award Contracts 05-3681 "Fixed Term Instrumentation and Controls (I&C) Engineering Services" (Estimated annual amount $1,200,000) to four (4) firms. Camp Dresser & McKee, Inc., Hazen and Sawyer, P.C., Carollo Engineers, P.C. and RKS Consulting Engineers, Inc. 10) Recommendation to approve conveyance of an Easement to Florida Power & Light Company (FP &L) as required to provide power to new public water supply wells located at the North Collier Regional Water Treatment Plant (NCRWTP) at a cost not to exceed $18.50, Project Number 710111. To supply power to new public water supply wells located at NCRWTP 11) Recommendation to award Contract #05-3767 to Gulf States, Inc. to construct the Wastewater Collections Master Pump Station Facility Rehabilitations, in the amount of $438,400, Project 72504. To improve reliability by upgrading Automatic Transfer Switches, Variable Frequency Drives, lightning and surge protection components, and other miscellaneous electrical improvements. D. PUBLIC SERVICES 1) Recommendation to approve budget amendments to reflect an overall decrease of $597 in the Older Americans Act programs and authorize the Chairman to sign the contract between Collier County Board of County Commissioners and Senior Solutions of Southwest Florida D/B/A Area Agency on Aging. As detailed in the Executive Summary 2) Recommendation to approve the Summer Food Service Program Grant in the amount of $586,400. To provide free nutritious meals during the summer to Collier 13 February 22, 2005 County children living in disadvantaged neighborhoods. 3) Request for County Sponsorship in the amount of $50,000 for US Military Appearances during July 1 through July 5, 2005. To provide the citizens of Collier County with an Independence Day Celebration that will include entertainment and performances by various US Military units. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve award of Bid #05-3765 "Annual Contract for Painting Contractors" for painting of County facilities to Service Painting of Florida, Cover-All, Inc., and Perfectly Painted of Collier County as a multiple award up to $350,000. To allow more availability for painting services and alleviate scheduling conflicts. 2) Report and ratify staff-approved change orders and changes 10 work orders to Board-approved contracts. As detailed in the Executive Summary 3) That the Board approves termination of Verizon Wireless from contract number 03-3551 for cause as provided in the contract. As detailed in the Executive Summary 4) Recommendation to approve award of Bid #05-3787 "On-Call Plumbing Contractor" for plumbing repairs and maintenance of County facilities to Shamrock Plumbing & Mechanical, Inc. as primary and United Mechanical, Inc., and First Class Plumbing of Florida, Inc. as secondary. Annual capital and maintenance expenses are estimated at $500,000. As detailed in the Executive Summary F. COUNTY MANAGER 1) Recommendation to Approve a Grant Award and Agreement Articles for an Assistance to Firefighters Grant Program for the Isles of Capri Fire Rescue District in the Amount of $225,000, Approve the Purchase of a Fire Engine utilizing the Florida Sheriffs Bid #04-05- 14 February 22, 2005 _"'_.,_.~'~_~ ,,,_ '0-· --^ 0824 at a total cost of $250,000 and Approve the Necessary Budget Amendments. To be purchased from Hall-Mark Fire Apparatus to replace a twenty (20) year old, outdated fire engine. 2) Approval to purchase additional Disaster Assistance Response Trailers (DARTs) and portable generators for a total of$31,600 to increase the County's ability to adequately shelter evacuees during time of emergency, approve utilizing Bid #04-3617, expired 1/30/05 and approval of a budget amendment transferring funds from an operating line item to capital line items. As detailed in the Executive Summary 3) Board of County Commissioners approval to purchase a new Mobile Command Vehicle (MCV) to replace the existing 1989 converted John Deere RV utilizing an existing Henry County, GA bid #SB-05- 21-111204-1, Contract #HC-05-21 for a total cost of$279,450. To replace the existing 1989 Mobile Command Vehicle. 4) Recommendation to accept an Emergency Medical Services (EMS) County Grant Award from the Florida Department of Health in the amount of $112,672.82. To improve Emergency Medical Services with training and medical/rescue equipment. 5) Approve an Out-of-Cycle FY2005 TDC Category "A" Grant Application, Budget Amendment and Tourism Agreement with the City of Naples for the dredging of Doctors Pass Project #90549 in the amount of $598,500. As detailed in the Executive Summary G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15 February 22, 2005 1) Recommendation to approve an increase in the Florida Department of Transportation grant agreement #407953-1-94-01 for the Environmental Resource Permit (ERP) at the Immokalee Airport and a Budget Amendment for $50,000. As detailed in the Executive Summary H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement to attend a function serving a valid public purpose. Will attend Marco Island Historical Society - Marco 40th Anniversary - "Marco Sari" Auction on February 26, 2005 at the Marco Polo Restaurant; $100.00 to be paid from Commissioner Fiala's travel budget. Moved to Item #10H 2) Commissioner Fiala requests Board approval for reimbursement to attend a function serving a valid public purpose. Will attend the Collier County Republican Executive Committee Lincoln Day Celebration on March 12,2005 at the Naples Beach Hotel & Golf Club; $75.00 to be paid from Commissioner Fiala's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to File Record with Action as Directed. J. OTHER CONSTITUTIONAL OFFICERS K. COUNTY ATTORNEY 1) Recommendation to approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondents, Bradley Damico and Darryl Damico ("Respondents"), in the amount of$16,330.00, as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel No. 134 in Collier County v. Terry L. Lichliter, et aI., Case No. 03- 2273-CA. As detailed in the Executive Summary 2) Recommendation that the Board of County Commissioners Authorize the County Attorney's Office to Make a Business Damage Offer to 16 February 22, 2005 ---,---....--. ... --,_.--'~ ., Settle a Claim for Business Damages by Circle K Stores, Inc. Associated with the Acquisition of Parcel 739 in the Lawsuit Styled Collier County v. First National Bank of Naples., et at, Case No. 04- 3587-CA (Immokalee Road Project #66042). As detailed in the Executive Summary 3) Recommendation to approve the Proposals of Settlement for Engineering Costs and Planning Costs as to Parcels 739 and 839 in the lawsuit styled Collier County v. Nancy L. Johnson Perry, et at, Case No. 03-2373-CA (Golden Gate Parkway Road Project 60027). As detailed in the Executive Summary 4) Recommendation to approve an Agreed Order A warding Appraisal Fees as to Parcel 153 in the lawsuit styled Collier County v. John F. Sudal, et at, Case No. 02-5168-CA (Immokalee Road Project 60018). Direct staff to pay the sum of $4,600.00 to Allied Appraisers & Consultants, Inc. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. SE-2004-AR-6772, A Resolution amending Resolution No. 04-326, the Lutgert Companies Parking Exemption, by providing for an amendment to correct a scrivener's error due to the incorrect reference to the C-4 Zoning District in the Recitals and Operative sections of the Resolution and changing the references to the correct zoning district of RMF -6. Resolution 2005-96 17 February 22, 2005 B. This item re uires that all artici ants be sworn in and ex- arte disclosure be provided by Commission members. PUDZ-2004-AR-5611 Seacrest School, Inc., represented by Richard Y ovanovich of Goodlette, Coleman and Johnson, P A, requesting a PUD Rezone from "E" Estates and "E" Estates zoning with an approved conditional use for the existing school facility to "PUD" Planned Unit Development for expansion of the existing school facility." The property is located at 7100 Davis Boulevard, in Section 8, Township 50 South, Range 26 East, Collier County, Florida, consisting of 39.4± acres. Ordinance 2005-09 Moved to Item #8E C. This item re uires that all artici ants be sworn in and ex- arte disclosure be provided by Commission members. PUDZ-A-2004-AR- 5879 Champion Lakes Development, LLC, represented by Richard Y ovanovich, of Goodlette, Coleman and Johnson, P A, requesting revisions to the PUD document to abandon the previously authorized recreational vehicle use and replace with conventional mixed residential dwelling unit types, and change the name of the PUD to Copper Cove Preserve RPUD. A maximum of 300 residential dwelling units are requested on 101.5 acres, with a project density of approximately 2.96 units per acre. The property is located on the north side of Championship Drive, in Sections 11, 14 & 15, Township 51 South, Range 26 East, Collier County, Florida. D. This item is bein!! continued indefinitely. An Ordinance amending Ordinance 04-12, Section Four entitled Exemptions and Exclusions From Certificate Requirements and providing for an effective date. E. This item has been continued to the March 8 2005 BCC meetin . This item reauires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A-2003- AR-4942- Conquest Development USA, LC, requesting a PUD to PUD rezone for property located on the East Side of Collier Boulevard (CR 951) and approximately 1 3/4 Miles South of Tamiami Trail (Us 41), further described as Silver Lakes, in Section 10 & 15, Township 51 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. 18 February 22, 2005 2 A ;~ii~ ;~ + AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING Februarv 22. 2005 Continue Item 6B to the March 8. 2005 BCC meeting.;. Public Petition request by Jeff Bluestein to discuss CEB Case No. 97-029 on behalf of Anthony Varano. (Petitioner request.) Item 8B: The title on the printed agenda is missing the petition number and the new PUD name. The title should read: Petition PUDZ A-2003-AR-5168 Brentwood Land Partners, LLC., represented by D. Wayne Arnold of Q. Grady Minor & Associates, P.A., requesting a rezoning from "A" Rural Agricultural and "PUD" Planned Unit Development zoning district t a new PUD to be known as Malibu Lakes PUD for property located on the south side of Immokalee Road, adjacent to and east of the Interstate 75 right-of-way, and west of Tarpon Bay Boulevard, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. This property consisting of 175.67+ acres. (Staff request.) Item 16A7 continued to the March 22 2005 BCC meetin : Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in Code of Laws Section 2-11. (Commissioner Henning request.) Item 16B8 should read: Recommendation to enter into the negotiation of a contract with Center for Urbanized Transportation Research (CUTR) for the Transportation Disadvantaged Service Plan, Transit Development Plan and Park & Ride Study. (Staff request.) Move Item 16C2 to 10F: Recommendation to approve component and service purchases totaling $256,804 with total project costs totaling $307,143 and authorize a budget amendment in the amount of $115,000 for the installation and systems programming of nutrient monitoring equipment at the South County Water Reclamation Facility, Project 725081. (Commissioner Coyle's request.) Item 16G1 should read: Recommendation to approve an increase (rather than approve an amendment) in the Florida Department of Transportation grant agreement #407953-1-94-01 for the Environmental Resource Permit (ERP) at the Immokalee Airport and a budget amendment for $50,000. Move Item 17C to 8E: PUDZ-A-2004-AR-5879 Champion Lakes Development, LLC, represented by Richard Yovanovich of Goodlette, Coleman and Johnson, PA, requesting revisions to the PUD document to abandon the previously authorized recreational vehicle use and replace with conventional mixed residential dwelling unit types, and change the name of the PUD to Copper Cove Preserve RPUD. A maximum of 300 residential dwelling units are requested on 101.5 acres, with a project density of approximately 2.96 units per acre. The property is located on the north side of Championship Drive, in Sections 11, 14 and 15, Township 51 South, Range 26 East, Collier County, Florida. (Commissioner Halas request.) NOTE; Items 7 and 8 to be heard no sooner than 1:00 p.m. (rather than 12:30 p.m.), unless otherwise noted. 2 A ,I Time Certain Items: Item 10D to be heard at 10:30 a.m. Recommendation to authorize staff to prepare an ordinance amending Ordinance No. 92-60 relating to Tourist Development Taxes, as amended, to expand the use of Category C-2 uses to include Municipal owned museums; to change the percentages of C-1 and C-2 uses and to enable the use of surplus Tourist Tax Funds for additional promotion. 4 A PROCLAMA TION WHEREAS, the Veterans Transportation Program is a cooperative effort between the Collier County Board of County Commissioners and the Collier County Veterans Council: and, WHEREAS, the Program has proV/äed free transportation since 1992 for veterans to VA medical facilities in Ft. Myers, Tampa, Bay Pines, and other facilities located in South Flor/äa: and, WHEREAS, volunteer drivers transport veterans in two donated DA V vans owned by VA, and one vehicle provided by the Ford' Motor Company under their Fleet Test Program, and all three vehicles are stationed at the Collier County Veterans Service Office: and, WHEREAS, out rpport of fficient rivers, and the hat they . .' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA ATTEST: 4 B .,..... PROCLAMATION WHEREAS, the purchasing profession plays a significant role in the efficiency and effectiveness of both government and business; and, WHEREAS, purchasing professionals, through their combined purchasing power, spend billions of dollars every year and have a significant influence upon economic conditions throughout the world; and, WHEREAS, the Collier County Purchasing Department provides value- added services such as; contract negotiation and administration, vendor management, and training; and, WHEREAS, the Collier County Purchasing Department and professional purchasing assoç;~f ,'IJ"~.ut the world, engage in special effø, March to inform the public,abò: . . Ie played by the pure"" . nd government. of County ognize the I, and the ular, and FRED W. COYLE, CHAIRM ~\ll bß C~~ COLLIER COUNTY GOVERNMENT . , ; CODE ENFORCEMENT 2800 N. HORSHSHOE DRIVE NAPLES, FL 34104 FAX (239). 403-2343 DA1E: rGb 2.?- I 2.-00 S- , TIME: FAx NUMBER: 11'-1.... 3c..02- TO: to".,..-\- "'-e.-for~(..'" ..- ~u:- ~t~ -¿/'L~/O~ FJRM/DEP ARTMENT: CITY, STATE: FROM NAME: . Ml ~e,nt- Å1flt'\o\J DEPARTMENT: CODE ENFORCEMENT TELEPHONE: TOTAL PAGES INCLUDING COVER SHEEr: ~ SPECIAL NOTESIINSTRUCfIONS: "Tt~ #' ~.~. ()-rl ~j''' ~~ 4-0 be. t~t Aft.(('" - c1F'C-e.. +0 ~~ ~ f lolo"" First notice of complaint from county 3-30-04 it was posted on the front door of my residence ? This is a precedent in method used by county Statement of violation and request for hearing posted at 5025 Bayshore date unknown 11-3-04 date of statement Hearing date 11-29-04 #3 of findings of fact and conclusions of law states that quote "That the Respondent was notified of the date of the hearing by certified mail and by posting." By not being duly notified I didn't appear, no knowledge of hearing A date of 12-19-04 was set to have all things rectified Findings of fact was served on 12-24-04 at 4:35pm This was 5 days after the given date. On 1-7-05 I obtained a demolition permit _._.~-,-~,_._".__._"........,.,--"~._---~-". I.~, ~Cj bF Order of the Board Date signed Dec 6, 2004 by Mr. Flegal Date Notarized Dec 6, 2004 by Donna L. Modugno Certification of notice by U.S. Mail Dec 6, 2004 by M.Jean Rawson, Esq. The signing of this order is seven (7) days after the hearing the Board only allowed twenty (20) days after the hearing to comply with their decision. This Order has not been receive as of this date by U.S. Mail This attachment is being written at 16:09 Feb 21,2005 Methods of notification are not being followed as they are stated by the office of code enforcement or by the board. ,~._.-"_.-.._..,,.._-_.._~----_._,_.,...._.._~_'- bA CD-Plus Report - Code Case Image --------- :::ODE CASE NUMBER IMAGE DATE 2004030788 3/30/2004 IMAGE DESCRIPTION posted NOV at owners property. E.Y.- 14 CODE CASE NUMBER IMAGE DATE 2004030788 3/30/2004 IMAGE DESCRIPTION Far view of posting at owners property --..----.- CODE CASE NUMBER IMAGE DATE 2004030788 3/30/2004 IMAGE DESCRIPTION posted courthouse. E.Y>-14 ------------- Printed on 11/3/2004 11:50:58 AM page 1 Collier County CD-plus for windows 9S/98/NT __.._~w... f -/ 6& ç "\ ("....-) ~ ð ,--/ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, CEB NO. 2004-046 Petitioner, vs. WILLIAM PETRUZZI, Respondent I FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 29, 2004, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. That William Petruzzi is the owner ofthe subject property. 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondent and that the Respondent, having been duly notified, failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 5025 Bayshore Drive, Naples, Florida, Folio Number . 61840400003, more particularly described as (see attached legal) of the Public Records of Collier County, Florida, is in violation of Collier County Ordinance 91-102, as amended, The Collier County Land Development Code, Sections 1.5.6,2.1.11,2.2.9 and 2.7.6; Collier County Ordinance 89.06, as amended by Ordinance 2002-05, The Collier County Housing Code, Section 5; Collier County Ordinânce No. 2002-01, The Florida Building Code, Sections 22-263 and 104.4.9.2; and Collier County Ordinance 99-51, The Collier County Litter, Weeds and Exotics Ordinance, Sections 6,7, and 8, in the following particulars: Unpennitted, unmaintained residential structures, additions, unpennitted sewer tap installation, and litter. 5. The existence of the unpermitted, unmaintained residential structure, additions, and unpermitted sewer tap constitutes an irreparable or irreversible violation. --".__._.__.._-~--_..,_..-._---'--~ ",".',~_.-.. ,~..,.. ._.__. .._~~,..._ .,e..___ .."~ bA ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: . 1. In accordance with Section 162.09(2)(a), Respondent is required to pay $5tOOO for the existence of irreparable or irreversible violation. 2. That the violations of Collier County Ordinance 91-102, as amended, The Collier County Land Development Code, Sections 1.5.6, 1.8.7,2.1.11,2.2.9 and 2.7.6; Collier County Ordinance 89.06, as amended by Ordinance 2002-05, The Collier County Housing Code, Section 5; Collier County Ordinance No. 2002-01, The Florida Building Code, Sections 22-263 and 104.4.9.2; and Collier County Ordinance 99-51, The Collier County Litter, Weeds and Exotics Ordinance, Sections 6,7, and 8, be corrected in the following manner: A. By obtaining a demolition permit within five days of being served with a copy of this Order and by removing all non permitted structures and improvements within fifteen (15) days and by following through with all required inspections and obtaining a Certificate of Completion within twenty (20) days (December 19,2004). B. By removing all litter and abandoned discarded items within twenty (20) days (December 19,2004). 3. That if the Respondent does not comply with paragraph 2(A) of the Order of the Board within twenty (20) days (December 19, 2004), then there will be a fine of $250 per day for each day that ~e violation continùes past that date. 4. That ifthe Respondent does not comply with paragraph 2(B) of the Order of the Board within twenty (20) days (December 19,2004), then there will be a fine of $250 per day for each day that the violation continues past that date. 5. That if the Respondent does not comply with either paragraph 2(A) or 2(B) of the Order of the Board within twenty (20) days (December 19, 2004), the County shall demolish all non-permitted structures and improvements and assess the costs to Respondent. 6. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this case. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall bA be limited to appellate review of the record created within. Filing an APpeal shall not stay, the Board's Order. DONE AND ORDERED this _0'1: day of]µ."''''¡'''¿ 2004 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrUIl1ent was acknowledged before me this b. ~daY of j"c",Y\,I7€Ý ~ 2004, byýUff Flegal, Chairman of the Code Enforcement Board of Collier County, Florid(¡, who is ~ personally known to me or _ who ~uced a Florida ~ver's Li.C. ense as identification. (, ì "'..f/. . po~~.\I\oð$~ -Î t~ 'f)(¡¿/t~?10 ...jr~.. Co""",''''' t\)~ ß. ~(I\)1 NOT AR Y PUBLiC 'j . _¡~. ~ 1:: t\\te.'i> ?.\\~ M··' ;.' ......:, oS. ......._ .... y conunlSSlon expnes:_ ....01)¡. .:/~ . nÒ\,w,Co.. -.1Jiåf ",0,,' þ..\\~t\C 00 'f""\" 1 HEREBY CERTIFY that a trUe and correct copy of this ORDER bas been sent by U. S. ~ to William petrUZZi, 880 2"' Street N.E., Naples, Florida 34120 this j,* - day of . "A,tl)J{'{ _, 2004. CERTIFICATE OF SERVICE 111" / M. e Flori Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 /~ :/ /' r;--/' ~, SA :~ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to 'it; Board: Please place the following as a: xxx Normal Legal Advertisement Other: (Display Adv:, location, etc.) *************************************************************** Originating Dept/ Div: Comm.Dev.Serv./Planning Person: ¿.71.. . Petition No. (If none, give brief description):RZ-2003-AR-4961, MARCO Bill **P~!<******** ... h' ~ Date: ~'7 ðS- INO SUPPLY Petitioner: (Name & Address): Jeff L. Davidson, P.E., Davidson Engineering, Inc.,2l54 Trade Center Way, Ste #3, Naples, FL 34109 Name & Address of any person(s) to be notified by Clerk's Office: Southern Development Company, Inc., 845 Bald Eagle Drive, Marco Island, FL 34109 Hearing before BCC BZA Other Requested Hearing date: Februarv 22.2005 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: RZ-2003-AR-496I, Southern Development Company Inc., represented by Jeff L. Davidson, P.E., of Davidson Engineering, Inc., requesting a rezone from "A" Rural Agricultural and "C-2ST" Commercial Convenience with a Special Treatment Overlay to "C-3" Commercial Intermediate for retail, office and restaurant and other uses. The property is located on the north side of U.S. 41 just east of Collier Boulevard. The property is located in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 6.07± acres. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113-138312-649110 No If Yes, what account should be charged for advertising costs: Reviewed by: Approved by: I /¿vlo ~ Date I County Manager Date /Department Head List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division. Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: \"""ð. ra::) Date of Public hearing: 2-7. 'Z. --e6' Date Advertised: '2 {o ~ SA ORDINANCE NO. D5 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER D4- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE OFFICIAL ZONING ATLAS MAP BY CHANGING THE ZONING CLASSIFICATION OF THE SUBJECT PROPERTY LOCATED ON THE NORTH SIDE OF U.S. 41 JUST EAST OF COLLIER BOULEVARD IN SECTION D3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" RURAL AGRICULTURAL AND "C-2ST" COMMERCIAL CONVENIENCE WITH A SPECIAL TREATMENT OVERLAY TO "C-3" COMMERCIAL INTERMEDIATE FOR RETAIL, OFFICE, AND RESTAURANT AND OTHER USES SUBJECT TO CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Jeff L. Davidson of Davidson Engineering, representing Southern Development Corporation, petitioned the Board of County Commissioners to change the zoning classification of the subject real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the subject real property, more particularly described by Exhibit "A," attached hereto and incorporated by reference herein, located in Section D3, Township 51 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agriculture and "C-2ST" Commercial Convenience with a Special Treatment Overlay to "C-3" Commercial Intermediate for retail, office, and restaurant and other uses and the appropriate Official Zoning Atlas Map, as described in Ordinance D4-41, as amended, the Collier County Land Development Code, is hereby amended accordingly, subject to the following conditions: I. As per Section 3.15 of the Land Development Code, the original Site Development Plan (SDP) for the subject property would not be approved until sufficient capacity is acquired for SR Highway 951, south of US Highway 41, by the addition of lanes and improving the roadway segment from a four lane to a six lane facility. 2. Prior to SDP approval, access to the adjoining commercial properties shall be provided in the form of easements granted to adjacent property owners to facilitate cross access between the commercial properties to the east and west of the subject property. 3. A sidewalk shall be constructed along the frontage of the subject property on Tamiami Trail (U.S. Highway 41) per LDC Sections. S.DS.08.CA, and 1D.D2.03.B.1.i.xiii. 4. Prior to the approval of the original SDP, the Environmental Advisory Council reviews the approved South Florida Water Management District (SFWMD) permit mitigation of wetlands impacts. Page 1 of2 SA .1 SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK DEPUTY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~~ Patrick G. White Assistant County Attorney RZ-2003-AR-4961/MD/sp Page 2 of2 8A ~. LEGAL DESCRIPTION A PORTION OF NOTRH Y2 OF SECTION3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 3: FROM THE EAST 1/4 CORNER OF SECTION 3, RUN WITH SECTION LINE SOUTH 0 DEGREES 41 MINUTES 31 SECONDS WEST, A DISTANCE OF 612.57 FEET; THENCE NORTH 89 DEGREES 18 MINUTES 29 SECONDS WEST, A DISTANCE OF 722.35 FEET TO THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF COUNTY DRAINAGE CANAL WITH THE NORTH RIGHT-OF- WAY LINE OF STATE ROAD #90 (TAMIAMI TRAIL); THENCE WITH SAID TRAIL RIGHT-OF- WAY LINE NORTH 54 DEGREES 20 MINUTES 16 SECONDS WEST, A DISTANCE OF 2647.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WITH THE TRAIL RIGHT- OF-WAY LINE NORTH 54 DEGREES 20 MINUTES 16 SECONDS WEST, A DISTANCE OF 440 FEET; THENCE NORTH 35 DEGREES 39 MINUTES 44 SECONDS EAST A DISTANCE OF 400.00 FEET; THENCE SOUTH 54 DEGREES 20 MINUTES 16 SECONDS EAST, A DISTANCE OF 440 FEET; THENCE SOUTH 35 DEGREES 39 MINUTES 44 SECONDS WEST, A DISTANCE OF 400.00 FEET TO THE POINT OF BEGINNING. PARCEL 4: CERTAIN LANDS SITUATED IN THE NW 1/4 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, STATE OF FLORIDA; FROM THE NE CORNER OF SAID NW 1/4, RUN WITH THE SECTION LINE NORTH 89 DEGREES 23 MINUTES 23 MINUTES 53 SECONDS WEST A DISTANCE OF 324.27 FEET TO THE EAST RIGHT-OF-WAY LINE OF STATE ROAD #951; THENCE WITH SAID RIGHT-OF-WAY LINE SOUTH 35 DEGREES 40 MINUTES 8 SECONDS WEST A DISTANCE OF 1252.72 FEET TO ITS JUNCTION WITH THE NORTH RIGHT- OF-WAY LINE STATE ROAD #90; THENCE WITH THE RIGHT-OF-WAY LINE OF STATE ROAD #90 SOUTH 24 DEGREES 19 MINUTES 52 SECONDS EAST A DISTANCE OF 69.99 FEET AND SOUTH 54 DEGREES 20 MINUTES 16 SECONDS EAST A DISTANCE OF 379.38 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 35 DEGREES 39 MINUTES 44 SECONDS EAST A DISTANCE OF 400 FEET; THENCE SOUTH 54 DEGREES 20 MINUTES 16 SECONDS EAST A DISTNACE OF 220 FEET; THENCE SOUTH 35 DEGREES 39 MINUTES 44 SECONDS WEST A SISTANCE OF 400 FEET; THENCE NORTH 54 DEGREES 20 MINUTES 16 SECONDS WEST A SISTANCE OF 220 FEET TO THE P[ONT OF BEGINNING. CONT ANINING APPROXIMA TEL Y 6.07 ACRES EXHIBIT "A" ~-_. 8A January 28, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: RZ-2003-AR-4961, Marco Building Supply Dear Legals: Please advertise the above referenced notice on Sunday, February 6, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O./Account # 113-138312-649110 8A NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, FEBRUARY 22, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE OFFICIAL ZONING ATLAS MAP BY CHANGING THE ZONING CLASSIFICATION OF THE SUBJECT PROPERTY LOCATED ON THE NORTH SIDE OF U.S. 41 JUST EAST OF COLLIER BOULEVARD IN SECTION 03, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" RURAL AGRICULTURAL AND "C-2ST" COMMERCIAL CONVENIENCE WITH A SPECIAL TREATMENT OVERLAY TO "C-3" COMMERCIAL INTERMEDIATE FOR RETAIL, OFFICE, AND RESTAURANT AND OTHER USES SUBJECT TO CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Petition No. RZ-2003-AR-4961, Southern Development Company, Inc., represented by Jeff L. Davidson, P.E., of Davidson Engineering, Inc., requesting a rezone from "A" Rural Agricultural and "C-2ST" Commercial Convenience with a Special Treatment Overlay to "C-3" Commercial Intermediate for retail, office, and restaurant and other uses. The property is located on the north side of U.S. 41 just east of Collier Boulevard. The property is located in section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 6.07+/- acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. ~: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written ... ....._~--..,..,'~+.. 8A materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts '~ø~t~~~feó~ier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 330f T AMIAMI TRAIL EAST . P.O. BOX4~044 NAPLES, FLORlDA3.410l-3044 ~~Lr' ¡ 8A Clerk of Courts Accountant Auditor Custodian of County Funds January 28,2005 "'::þ.¡ ,..¡:'; «.....'.,.. JeffL. Davidson, P.E. Davidson Engineering, Inc. 2154 Trade Center Way, Ste. #3 Naples, FI 34109 Re: Notice of Public Hearing to consider Petition RZ-2003-AR-4961, Marco Building Supply Dear Mr. Davidson: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 22, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 6, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Llu..u. ~ D( . Ann Jennejohn, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.clerk.collier.n.us Fax- (239) 775-2755 Email-collierclerk@clerk.collier.n.us .,...,",.,-------'- , '~0~~~~fe'ó~ier 8A CLERK OF THE CIRCUIT COURT -- Dwight E. Brock COLLIER COUNTY COUR'I'ßpUSE Clerk of Courts 330i TAMIAMI TRAIT.. EA'ST Clerk of Courts . P.O. BOX 4$044 \ Accountant NAPLES, FLORIDA '3.4101-3044 Auditor 'V ¡ Custodian of County Funds \ , January 28, 2005 "þ: / ~~ j ,. ( , ;""--7 Southern Development Company, Inc. 845 Bald Eagle Drive Marco Island, FL 34145 Re: Notice of Public Hearing to consider Petition RZ-2003-AR-4961, Marco Building Supply Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 22, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 6, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ ~.O'(r Ann Jennejohn, Deputy Clerk Enclosure Phone-(239)732-2646 Fax-(239)775-2755 Website- www.clerk.collier.fl.us Email- collierclerk@cIerk.collier.fl.us -.. ---_.~,,- _e·__. ----~~. SA ~ Ann P. Jennejohn To: Legals (E-mail) Subject: RZ-2003-AR-4961 Marco Building Supply Please advertise the attached on Sunday, February 6, 2005. ~ ~ RZ-2003-AR-496L RZ-2003-AR-4961. doc doc Thank you, Ann Minutes & Records Dept. 774-8406 1 ~_.~o..~.________"'·_--- ""------. .....-.--- Ann P. Jennejohn 8A From: postmaster@clerk,collier.fl.us Sent: Friday, January 28, 2005 2:37 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) \~ U = ", / ATT182437.txt RZ-2003-AR-4961 Marco Building.,. This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 -'~"'-- 8A Ann P. Jennejohn From: System Administrator [postmaster@naplesnews.com] Sent: Friday, January 28, 20052:34 PM To: Ann P. Jennejohn Subject: Delivered: RZ-2003-AR-4961 Marco Building Supply [2] '_n' RZ-2003-AR-4961 Marco Building.., «RZ-2003-AR-4961 Marco Building Supply» Your message To: Legals (E-mail) subject: RZ-2003-AR-4961 Marco Building Supply Sent: Fri, 28 Jan 2005 14:37:05 -0500 was delivered to the following recipient(s): legals on Fri, 28 Jan 2005 14:34:26 -0500 1 RZ-2003-AR-4961 Marco Building Supply Page 1 of 1 8A Ann P. Jennejohn ._..~- From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Friday, January 28,20052:47 PM To: Ann P. Jennejohn Subject: RE: RZ-2003-AR-4961 Marco Building Supply OK -----Original Messagen--- From: Ann P. Jennejohn [mailto:AnnJennejohn@clerk.collier.fLus] Sent: Friday, January 28, 2005 2:37 PM To: Legals (E-mail) Subject: RZ-2003-AR-4961 Marco Building Supply Please advertise the attached on Sunday, February 6, 2005. «RZ-2003-AR-4961 ,doc» «RZ-2003-AR-4961 ,doc» Thank you, Ann Minutes & Records Dept. 774-8406 1/2812005 ^'.--....- 8 A ..~ Naples Daily NewS .~ Naples, FL 34102 Affidavit of publication Naples Daily News --------------------------------------------------+--------------------------- Petition No. RZ-2003-AR· \ 41161. southern Develop· ment Company, IffDC.. represented by Je L. BOARD OF COUNTY COMMISSIONERS DavIdsOn, P.E., of David· I. CHERI LEFARA son Eng neerlng. Inc.. requesting a rezone PO BOX 413016 RZ·zocø.AR....~ frOm "A" Rural A9rlcul· I N PLES FL 3 41 0 1 3 0 16 NGTICE_QfINTENT TO tural and "C-2ST" Com· A _ eoM$IDEROROINANCE merclal convenience with a special Treat· Notice Is hereby given ment overlay to "C·d31" \ that on TUUOA"I FEB· comme~1 lofIIntermeand· RUAR'" 22. 2005· n the ate for ,_. ceo . Boardroom. 3rd Floor. restaurant and °lsth1er AdmInistration Building. uses. 11Ie ørooertY O· REFERENCE: 001230 113138312649110 I còlUer County Govern· Câted on the' north Side, 58986729 RZ 2003 AR 4961NOTIC ment Center. 330~ Eut of U.S. 4~ lust eut 0 _ _ _ Ta't\laml Trail Naples collier Boulevard. The FloHda. the 'oard 0+ Droperty Is located In State of Florida County commISsioners sect'..· Ion 3. TownshIP 51 . will consider the enac:t. south, Range 26 Ea,t, County of Coll~er mentof a county 0reS1· colllerCoUñtY. FI~kla. Before the undersigned authority Personally nance. .1be meet!I'ICI willi consisting o~ 6.0 +/. , commence at 9:00 A.M. acres. appeared B. Lamb, who on oath says that she serves The title of the pro· as Assistant Corporate Secretary of the Naples posed Ordinance Is aSI co!!les of the proposefl,d , " follows: Orillnance are on e Da~ly News, a da~ly newspaper publ~shed at Naples, I with the Clerk tal°labthle . C 11' C t Fl 'd' th t th h d AN ORDINANCE OF THE soard and are av e ~n 0 ~er oun y, or~ a. a e attac e BOARD OF COUNTY for Inspection. All Inter· copy of advertising was published in said COfltMI,.-SHHURS ~.. ...~.. newspaper on dates listed. AMENDMG ORDINANCE ff' f h h h 'd '1 NUMIER 04.41l AS MOTE: AA........h. A ~ant urt er says t at t e sa~ Naples Da~ y AMENØ£D\ THE CO LlER '~" . to.p·,ak 0'.0" any N ' bl' h d t N 1 . ' d COUNTV "AND DEVIL· ...... -... I ews, ~s a newspaper I?u ~s e a ap es, ,~n sa~ OPMENT CODE WHICH . 1ttI";ë ........ reg~: Coll~er County, Flor~da, and that the sa~d ESTABUSHED THE COM· ~t~ :e. newspaper has heretofore been continuously PREHEMSlVE ZONING I sentatlon or._a , h d. " ' REGULATIONS FOR THE . Item to be addressed publ~s e ~n sa~d Coll~er County, Flor~da, each UNINCORpORATED AREA Ilndlvld~ speakers wlli day and has been entered as second class mail OF COLLIER COUNTY, be Itmlted to 5 minutes h f f ' ' 1 ' . d FLDRmA.· IV AMENDING on eny 1tIIm..lec. matter at t e post 0 ~ce ~n Nap es, ~n sa~ THE APpltOPftlATE OFFI· tlon of en I to Collier Cour:ty, Flor~da, for <;t pe~iod of 1 year I f.~~LB~OC':.':...\I:J~~ ~=~~c:e:,.lfoupars next preced~ng the f~rst publ~cat~on of the ZONING CLA$$lflCATlON encouraged IrreCOg tt h d f d t' t. d ff' t OF THE SUBJECT PROp· I d b tho C..al . a ac e copy 0 a ver ~semen , an a ~an ERTY LOCATED ON THE nze ye ,..l'\1Ian, f th th t h h ' th ' d . Of a spokesperson for a ur er says a seas ne~ er pa~ nor NORTH SIDE U.S. 4~ group or =nlzatlon Promised any Person firm or corporation any JUST EAST OF COLLIER may Þe all 18 min· , I , ' BOULEVARD IN SECTION t t ·k· i d~scount, rebate, comm~ss~on or refund for the 03. TOWNSHIP 51 u IS 0 spee. on an purp9se, of ~ecuring this advertisement for ~J'I\."~o'3,¡w: - publ~ct~on ~n the sa~d newspaper. FLORIDA, FROM "A" RU· ~ ~Wa~~~ RAL AGRICULTURAL AND terlals 1nc:1~'inthe: "C.2STa COMMERCIAL . . PUBLI SHED ON: 02/06 CONVENIENCE WITH A Board agt.enda packets SPECIAL TREATMENT must sUllmlt said mil.- OVÞLAV TO "C-3" COM. terlal a ",Inlmum of 3 MPCIALI.. NTERMED. lATE weeks prior to the re- FOR RETAILO,FlCE, JPØCtlve public ",Ing. AND RESTAùltANT AND In any case. vnttten mil.· OTHER USES SUBJECT terlals Intended to be TO CONDITIONS' AND ~ bY the Board PROVIDING FOR ÄN EF- shall be submitted to AD SPACE' 164 000 INCH FECTlVEDATE theffapprop.rlate County . . . _ sta a I1IIftImum of sev- FILED ON: 02/07/05 ~ en daysp.rlor to the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ + _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - f~:f=1:f' All ~: /) ~ tlons before t~oard Signature of Affiant ~ I will become a perma- / dÂ nent part O!_th4I~' I Sworn to and Subscribed before me this L- day of F=-.e/f,- 20ð-5 W=a~=~d~~1 personally known by me '):-/, (~,,-~,;R-I ß u.~ 7.' , \ ~~af:,i~.nee:o a~i~ fherefOre. may need to ensure that a verbatim record of the P19c:;eed· lags Is made. WhICh reo cord Includes the testl· mony and evidence ...::...." upon which the appeal "". '"u '. L: . Isbeled. ""')':"\:;''-' \ larne'! Bushong ...~ i¡¡~7 ',,,'- ¡"v:::OMMiSSiON# DD23&68? EXP 'C BOARD OF COUNT V .' !Ji¡JL.,. . .IRe.. COMMISSlONIIIS "~S~,:., 24, 200~' COLLIER COUNTY. '. 0, ".,' )")'1,. . FLORIDA ......' . , FRED W. COYLE. CHAIR· MAN ~HT E. BROCK, ~,t; ~ Jenneohn. Dep- (S~' . }~, 6 . No. 926133 _~__~ ....... _0____--_· ---- I 88 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Norma~ Legal Advertisement Othe¡:: (Display Adv., location, etc.) *********************************************************~* Originating Dept/ Div: CommDev,Serv'/Planning Person: Petition No, (If none, give brief description): PUDZ-A-2003-AR-5168, Malibu Lakes PUD Petitioner: (Name & Address): D, Wayne Arnold, Q, Grady Minor & Associates, P,A, 3800 Via Del Rey, Bonita Springs, FL 34134 Name & Address of any person(s) to be notified by Clerk's Office: Brentwood Land Partners, LLC, 30 South Meridian Street, Ste 2200, Indianapolis, IN 46202 Hearing before BCC BZA Other Requested Hearing date: Februarv 22.2005 Based on advertisement appearing 15 days before hearing, Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: Petition: PUDZ-A-2003-AR-5168, Brentwood La.nd Partners, LLC, represented by D. Wayne Arnold of Q. Grady Minor & Associates, P.A, requesting a rezone from "A" Rural Agricultural and the "PUD" Planned Unit Development Zoning District to a new PUD known as Malibu Lakes PUD for the purpose of adding approximately 3-acres of "A" Rural Agricultural Zoned land along with the Brentwood and Crestwood PUD's to the commercial areas of the Malibu Lakes PUD. The proposed 178.5 acre Malibu Lakes PUD permits 330,000 square feet of commercial space, while retaining the currently approved maximum of 708 residential dwelling units. The property is located on the south side of Immokalee Road, adjacent to and east of the interstate 75 right-of-way (unincorporated Collier County), Florida and west of Tarpon Bay Boulevard, in Section 30, Township 48 South, Range 26 East, consisting of 175.67 ± acres, Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113-138312-649110 R~ ~L!oJ Approved by: ?op"'tmont Hood ~D~to I County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda me: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: \...a 1..-tJ5 Date of Public hearing: ~ ". do- d- -05; Date Advertised: d- -t ð:-e;- -"----"". ^ ~--" ----- ".,,, . ~,.-,~._--....."", -", ,..<---" __"""._. __.,' ___>',___.0_".__"._0<0'." 88 ORDINANCE NO. 05- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, 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(S) NUMBERED 8630N AND 8630S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL AND THREE "PUD" ZONING DISTRICTS TO ONE "MPUD" MIXED USE PLANNED UNIT DEVELOPMENT KNOWN AS MALIBU LAKE MPUD, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (SR-846), ADJACENT TO AND EAST OF THE INTERSTATE 75 RIGHT-OF-WAY AND WEST OF TARPON BAY BOULEV ARD, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 178.6 ± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-49, MALIBU LAKE PUD, ORDINANCE NUMBER 99-89, BRENTWOOD PUD, AND ORDINANCE NUMBER 90-7, CRESTWOOD PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold of Q. Grady Minor and Associates, representing Brentwood Land Partners, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 30, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural and three "PUD" Zoning Districts to one "MPUD" Mixed Use Planned Unit Development District in accordance with the MPUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Maps numbered 8630N and 8630S, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 99-49, known as the Malibu Lake PUD, adopted on June 22, 1999 by the Board of County Commissioners of Collier County; Ordinance Number 99-89, known as the Brentwood PUD, adopted on December 14, 1999, by the Board of County Commissioners of 1 88 Collier County, and Ordinance Number 90-7, known as Crestwood PUD, adopted on January 23, 1990, by the Board of County Commissioners of Collier County are hereby repealed in their entirety. 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 ,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN Approved as to Form and Legal Sufficiency ~arjOrie M. Student Assistant County Attorney PUDZ-2003-AR-5168/MJD/sp 2 88 MALIBU LAKE PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: MICHAEL E. NORTMAN P-RlME--RESJDliNT-lAb,-bbG 77 W. WACKER DRIVE, SUITE 4200 GHIGAGQ,tbb-J-NOI-S--ôOOM .Q.AN.I:E-b-eR.-MONACO,:r:RUS+éé BUILDING L, 2ND FLOOR 3301 E. T AMJAMI TRAIL NAPLES, FLORIDA 34112KITE DEVELOPMENT 30 SOUTH MERIDIAN STREET, SUITE 1100 INDIANAPOLIS, IN 46204 PREPARED BY: 'NILlIAM L. HOOVER, AICP HOOVER PLANNING 3785 AIRPORT ROAD N., SUITE B - NAPLES, FLORI[)A--~5 Q. GRADY MINOR, P .E. Q. GRADY MINOR & ASSOCIATES, INC. 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 AND RICHARD D. YOVANOVICH GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 N. TAMIAMI TRAIL, SUITE 300 NAPLES, FLORIDA 34103 EXHIBIT "A" DATE FILED Deoember 28. 1998 DATE REVISED June 22. 1999 DATE REVIEWED BY CCPC June 3, 1999 F:IJOB\MALffiU\PUD AMEND\PUD Document\Kite (suff rev 5).doc --_...-< ,.-,---'.¥ ----....--,,-.'-."'. 88 1:" DA TE APPROVED BY BCC June 22, 1999 ORDINANCE NUMBER 99-49 F:\JOB\MALIBU\PUD AMEND\PUD Document\Kite (suff rev 5).doc r 88. c· TABLE OF CONTENTS PAGE TABLE OF CONTENTS i LIST OF EXHIBITS ji STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION ð1-1 SECTION II PROJECT DEVELOPMENT REQUIREMENTS -72-1 SECTION III RESIDENTIAL AREAS PLAN 4-03-1 SECTION IV COMMERCIAL AREAS PLAN 4-74-1 SECTION V DEVELOPMENT COMMITMENTS ~5-1 i ------."- -"--"--" ..~--~. 88 LIST OF EXHIBITS EXHIBIT "A" PUQCONCEPTUAL MASTER AND WATER MANAGEMENT PLAN EXHIBIT "B" PUD WATER MANAGEMENT PLANDIRECTORY SIGNAGE EXHIBIT "C" DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING EXHIBIT "0" DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING EXHIBIT "E" DEPICTION OF PROJECT ENTRY SIGN EXHIBIT "F" DEPICTION OF PROJECT ENTRY SIGN EXHIBIT "G" LEGAL DESCRIPTION EXHIBIT "H" BOUNDARY SURVEY EXHIBIT "I" PROPOSED 1-75 RAMP RfW II I"" 88 STATEMENT OF COMPLIANCE The development of approximately 178.6 150.15+ acres of property in Collier County, as a Planned Unit Development to be known as the Malibu Lake PUD will be in compliance with the planning goals and objectives of Collier County as set.ifoih in the Collier County Growth Management Plan. The commercial and residential fa' ilities of the Malibu Lake PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The commercial portion of the subject property is within the Interstate Interchanqe Activity Center Subdistrict Land Use Designation as identified on the Future Land Use Map, as described in the Activity Center Sub-District of the Urban - Commercial District in the Future Land Use Element. The Future Land Use Element permits a full array of commercial land uses in this area. 2. The subject property is located on the southern side of Immokalee Road, approximately 1000 feet WÐst -ef-tR-e--ì-nterscctkm-Ðetv'JocA-Gake.s---ßoulevard and Immokalee Roadin the southeastern Quadrant of 1-75. This strategic location allows the commercial site area superior access for the location of highway interchange land uses, as permitted by the Future Land Use Element and access to a siç¡nalized intersection at Tarpon Bay Boulevard. 3. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of oommercial land uses as required in Objective 2 of the Future Land Use Element. 4-ª. The subject project has a shared frontage road and access onto Immokalee Road, with the adjacent BrenÌ'."Jood (commercial) PUD to the east and the adjacent CrestvlOod (commercial) PUD to the 'Nestat a siqnalized intersection. Such This access point is a designated access point on the Collier County Access Management Plan, as described in Policy 4.4--º-of the Future Land Use Element. 5. The residential portion of the subject property is within the Urban Residential Mixed Use District Land Use Designation as identified on the Future Land Use Maft-: 94. The residential portion of 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. iii ,..--,,---,.-.-- ....~__·.____"_"~··m. -'--~-- 88 :~ -7§. The residential project area is located within the Residential Density Band around the Interstate 75 - Immokalee Road (C.R. 846) Activity Center, as described within the Density Rating System of the Future Land Use Element. g§. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future land Use Element. 91· Improvements are planned to be in compliance with applicable sections of the Collier County land Development Code as set forth in Objectives 2 and 3 of the Future land Use Element. 10. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3, 1.H and 3.1.l of the Future land Use-€lem-eRh 11. The project development is planned to protect the functioning of natural drainage f€att1f-e&--a-AG---AatHFaI---gfooAdwater--aq-H~fef--reffiaf§e--afea&---as--deS£-Fi-I:tefj-ffi Objective 1.é-of-the Drainage Sub Eleffi€-F1t of the Public Facilities Element. 42-ª. The projected density of 5.00 dwelling units per acre on the residential portion of the subject PUD is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density 4 dwelling units/acre Activity Center Density Band +3 dwellinQ units/acre Maximum Permitted Density 7 dwelling units/acre -t3~. All final local development orders for this project are subject to Division 3-A-éChapter 6, Adequate Public Facilities, of the Collier County Land Development Code. IV r, 88 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Malibu Lake PUD. 1.2 LEGAL DESCRI PTION The subject property being 178.6150.15± acres, located in Section 30, Township 48 South, and Range 26 East, with the legal descriptions provided as Exhibit nG". 1.3 PROPERTY OWNERSHIP The subject property is owned by: (Parcel A) Daniel R. Monaco, Trustee Building L, 2nd Floor 3301 E. Tamiami Trail Naples, Florida 34112 (P~3rcel B) William L. Hooyer, Trustee 3785 Airport Road N., Suite B Naples, Florida 34105 (Parcels C G) Dell E. Cook, Trustee 27670 #B 4, 83Y Point Lane Bonita Springs, Florida 34134 (Parcell) James M, & Allie Rebecca Smith 12829 \N. Foss Grove Path Inglis, Florida 34449 1-1 ""·_0 ; 88 . (Parcel J) ·------WAAam-L~vef & DavtG--W-Ryflfle-r~ ----,---3-7-85-Aì-rf}Gft-RGaG N., S u ite--ß N3ples, Florida 34105 (Parcels K anG-bj Kenneth M. Bleem-&-W-a-yA-e-Þ-h-S-ykes, Co-T-f-HStees 1401 Brickell Avenue, Suite 700 Miami, Florida 33131 (Parcel--M) Joette and Stephen P. Henry, Trustees 7344 E. Rose Lane Scottsdale, Arizona 85250 The subject property is under purchase contract by: ---fPafG~--Þ4-) William L. Hoover, Trustee 3785 i\irport R03d N., Suite B Naples, Florida 3<1105 Brentwood Land Partners, LLC 30 South Meridian Street Suite 1100 Indianapolis, IN 46202 T arqet Corporation 1000 Nicollet Mall TPN-12D Minneapolis, MN 55403 AmSouth Properties Department 3000 Riverchase Galleria #1600 Birminqham. AL 35244-2372 PR VI. LLC 350 North La Salle Drive Suite 1100 Chicaqo, IL 60610-4726 WCI Communities. Inc. 24301 Walden Center Drive Bonita Sprinqs. FL 34134-4920 1-2 88 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the south side of Immokalee Road, adjacent to and east of the Interstate 75 right-ot-way (unincorporated Collier County), Florida. B. B. The northern 32-:-§6?37.1± acres 4I4-of the subject property tsare oomprised-ef--tRe-- 8.5ü± acre· MeG~tl:1-at-i&--bIflde.v€-IeßBd but approved fordesiqnated for commercial land uses and includes lands zoned Crestwood PUD, Malibu Lakes PUD, Brentwood PUD, and approximately 3 ± acres of A, Agricultural zoned land.·--GGmmef£-fat-~af1Et UBe&--WBI:I-Id-c-entiA-I:I€-tG-be--·-¡3e-rmi-tted-B-H--tAi&--par£-eI---wft-hfft--tms--ffi+xeG--use PUD. -The southern 141.5± acresð14 of the subject property tsare oompfÌseè--B-f-·9+~---aGfe6---B-f---uRdeveffißBEJ---AgffGu!tufa-l-ly----ZeneG--and 44.36± acres of the Zurich Lake Villas PUD (a residential PUD approved for 222 units) that would be rezoned for residential uses within this mixed use---POOdesignated for residential development. At the time of this rezoning approximately 1 ± acre of commercial development has been constructed. Approximately 708 residential units have been constructed. C. At the time of this rezoninq the subiect property was zoned A, aqricultural and PUD (Crestwood PUD, Brentwood PUD, and Malibu Lake PUD). 1.5 PHYSICAL DESCRIPTION The project site is located within the 1-75 Canal Drainage Basin according to the Collier County Drainage Atlas. The proposed out-fall for the project is the existing canal along the eastern property line. Natural ground elevation is approximately 10.2 to 13.9 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system for the project proposes the construction of a perimeter berm with crest elevation set at the 25-year, 3-day flood stage. Water quality pretreatment is proposed e-A-for the on-site lake system prior to discharge to the existing canal, located along the eastern PUD boundary. Utilization of the wetlands for discharge (no storage) of the design storm improvements is included as part of the design. Discharging into the wetland preserve areas will improve the hydro-period. Per Collier County Soil Legend, dated 1998, there are 4-four types of soil found within the limits of the property: 1-3 -_.--------=-~.. ~. 8B #2 - Holopaw Fine Sand, Limestone Substratum #11 - Hallandale Fine Sand #14 - Pineda Fine Sand, Limestone Substratum #21 - Boca Fine Sand The site vegetation on the undeveloped portions of the project consists mainly of Pffie-2l.o.!Lflatwoods and G-ºypress/G-ºabbage PQalm wetlands. The site has been extensively invaded by exotics (i.e. Melaleuca and Brazilian Pepper). Approximately 140 acres have been developed with commercial and residential uses. 1.6 PROJECT DESCRIPTION The Malibu Lake PUD is a mixed-use project comprised of 37,1 :t&-W acres of commercial land uses on the northern 1200 feet of the subject site and the southern 3950 feet of the site is designated for a maximum of 708 residential units on the remaining 141.56 acres. More specifically the residential portion of the mixed use PUD is comprised of: the 48.1-acre N!}orthern Rresidential Aªrea, a 49.1-acre Mmiddle Rresidential Aªrea, and a 44.36-acre Ssouthern Rresidential Aªrea (currently the Zurich Lake Villas PUD approved for 222 units). -The residential units are ßfOjected t9-Ðe-developed as garden apartments and condominiumsa variety of residential dwellinQ types. An approximate 10-acre tract within the N!}orthern Rresidential Aªrea may be developed as an adult living facility or nursing home, with approval of a G-ºonditional lJ.!Jse petition. For each acre allocated for development as an adult living facility or nursing home, a minimum of 5.00 units shall be subtracted from the 708 residential units permitted within this PUD. Recreational facilities will be provided in conjunction with the dwelling units. The commercial and residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture themes, quality screening/buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Malibu Lake Planned Unit Development Ordinance". 1-4 88 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Malibu Lake PUD shall be in accordance with the contents of this dDocument, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Ffinal S.§ubdivision PQlat, Ffinal S§ite 9Qevelopment PQlan, €-~xcavation PQermit and PQreliminary Wwork Aªuthorization. Where these regulations fail to provide developmental standards... then the provisions of the most similar district in the Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Malibu Lake PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15Chapter 6 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 2-1 .'---.- .--------- '·_"C~,.,·,,,__~·__···,·· r:88 .¡ 2.3 DESCRIPTION OF PROJECT DENSITY AND INTENSITY OF LAND USES A maximum of 708 dwelling units shall be constructed in the residential areas of the project. The gross project area within the residential areas is 141.56± acres. The gross project density shall be a maximum of 5.00 units per acre. Unless ownership of all residential parcels (Parcels "B" through "M") is consolidated, Parcels "B" through "M" as described ffi-on Exhibit "G" of this èDocument shall be prorated residential units based on the percentage tHat-of their respective acreage f&-efto the 141.56± acres designated for residential areas unless units are specifically allocated by the Board of County Commissioners to the N.Qorthern, Mmiddle, or .g~outhernR[esidential Ä-ªreas. Residential units may be transferred across parcel boundaries upon formal agreement of the property owner transferring the units. For each acre allocated for development as an adult living facility or nursing home, with approval of a G,Çonditional U.h!se petition, a minimum of 5.00 units shall be subtracted from the 708 residential units permitted within this PUD. A maximum of 32,52237.1 &5-9--acres of land shall be developed within the commercial areas of the project at 3 floor area ratio of 4á-:and the maximum square footaqe permitted within the commercial areas shall be 330,000 square feet. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Parcels are identified by letter on the PUD Master Plan for purposes of identifying the owner of th3t p3rcel. The actual development of the residential portion of the property and/or subdivision of the residential portion of the property can occur in any configuration and is in no way limited to the configuration established by the identification of parcels set forth fR-on the PUD Master Plan. However, the types of uses identified on the PUD Master Plan shall be as set forth in the general configuration illustrated graphically on Exhibit "A", which constitutes the required PUD Ggevelopment PQlan. Any division of the property and the development of the land shall be in compliance with the uses identified on the PUD Master Plan, Division 3.2 Chapters 1,4 and 1 0, Subdivisions~ of the Land Development Code, and the platting laws of the State of Florida. B. The provisions of Division 3.3Chapter 10, 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 ~Chapter 10 prior to the issuance of a building permit or other development order. 2-2 88 c. Appropriate instruments wfl..-shall be provided at the time of infra structural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by S-eGt1oH---Chapte rs 5 and 1 0·2-.-&:33:4 of the Collier County Land Development Code. B. Temporary sales trailers and construction trailers can be placed on the site after -S.§ite .Qgevelopment PQlan approval and prior to the recording of -S.-ªubdivision PQlats, subject to the other requirements of -S.eBtfeR 2.6.33.3Chapter 5 of the Land Development Code. 2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock-piling in preparation of water management facilities.! or to otherwise develop water bodiesJ. is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3Chapter 3 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. B. All other provisions of Division 3.5Chapter 3, Excavation.! of the Land Development Code shall apply. 2.7 DEVIATIONS FROM LAND DEVELOPMENT CODE REQUIREMENTS. A. A deviation from Subsection 5.06 Pole or Ground Signs to allow a directory siqn for a multiple occupancy center with five or more tenants (in lieu of eiqht or more tenants). B. A deviation from Subsection 5.06 Pole or Ground Signs to allow a directory siqn on a frontaqe without an entrance (lmmokalee Road Frontaqe). C, A deviation from Subsection 5.06 Wall mansard, canopy, or awning siqns to allow a total of 706 SF of wall siqnaqe on north elevation of the 2-3 -.--.,,""'"' -_.,~ 88 proposed Super Tarqet Buildinq and a deviation to allow five wall siqns on the north elevation of the Super Target building, O. A deviation from Section 4.06.02 of the LOC, which requires a landscape buffer to be provided between platted commercial buildinq lots, to permit a zero feet setback between buildinqs and no landscape buffer(s) between separately platted tracts, when buildinqs are connected as those in a typical shoppinq center confiquration. 2-4 88 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 708 units. Approximately 10 acres within the Nnorthern Rresidential Aªrea may be developed as an adult living facility or nursing home,-wfth upon approval of a GçonditionallJ!,!se petition. For each acre allocated for development as an adult living facility or nursing home, a minimum of 5.00 units shall be subtracted from the 708 residential units permitted within this PUD. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Single-family dwellings (includes zero-lot line). 2. Two-family dwellings (includes duplexes). 3. Multi-family dwellings (includes villas, coach homes, carriage homes, townhouses and garden apartments). 4. Any other use deemed comparable in nature by the Development Services Director. B. Permitted Accessorv Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's' playground areas, tot lots, boat 3-1 ,._..,~- 88 docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Water management facilities, including within the Natural Habitat Preserve Area. 1. Recreational facilities, such as boardwalks, walking paths and picnic areas, within the N.!Jatural M.b.abitat PQreserve AQreas after the appropriate environmental review. 8. Supplemental landscape planting, screening and buffering within the N.!Jatural M.b.abitat PQreserve Aªreas, after the appropriate environmental review. 9. Any other accessory use deemed comparable in nature by the Development Services Director. C. Permitted Conditional Uses and Structures: 1. Adult living facilities and nursing homes (only in the Northern Residential Tract). 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Malibu Lake PUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a private drive, the setback is measured from the back of curb or edge of pavement. (a) Carports are permitted within parking areas. 3-2 88 (b) Garages are permitted at the edge of vehicular pavement. 3-3 ","-~,.._-."..,-.,~-.. -.---- 88 , TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS SINGLE-FAMIL Y TWO-FAMIL Y MUL TI-FAMIL Y & ALF Minimum Lot Area (per unit) 5,000 Sq, Ft. 3,500 Sq. Ft. NA for M/F & 0.45 FAR for ALF Minimum Lot Width 40' Interior Lots (1) 70' Interior Lots (1) NA (35')(2) 50' Corner Lots 80' Corner Lots NA ( 40')(2) Front Yard Setback 20'(3) 20'(3) 20' Side Yard Setback 1 Story Both 5', or A' & 10' Both 5', or A' & 1 A' Greater of 7.5' or 1/2 BH 2 Story Both 7.5',or A' & 15' Both 5', or 0' & 10' Greater of 1 A' or 1/2 BH 3 Story NA NA Greater of 12.5' or 1/2 BH Rear Yard Setback Principal Structure 20' 20' 20' Accessory Structure 10' 10' 10' PUD Boundary Setback Principal Structure NA (4) NA (4) 20' (6) Accessory Structure NA (5) NA (5) 10' Lake Setback (7) 20' 20' 20' Preserve Area Setback 25' 25' 25' Distance Between Structures Main/Principal 1-Story 10' 10' 15' 2-Story 15' 15' 20' 3-Story NA NA 30' Accessory Structures 10' 10' 10' Maximum Heiqht: 50' and 4 stories for ALF only Principal Building 35' and 2 stories 35' and 2 stories 40' and 3 stories Accessory Building 20'/Clubhouse 35' 20'/Clubhouse 35' 20'/Clubhouse 35' Minimum Floor Area 1200 Sq. Ft. 1100 Sq. Ft. 1 bedroom = 650 Sq.Ft. /2 bedroom = 900 Sq.Ft./3-4 bed- room = 1100 Sq. Ft. (1) May be reduced on cul-de-sac lots. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a £-two family structure is on an individually platted lot. (3) Fifteen feet for homes with side entry garages. (4) ~Fiíly feet for single-family and W-seventy-five teet for £-two family homes measured from the common boundary between the canal easement and the E~astem PUD Bhoundary. (5) Where applicable, ð-twenty-five feet less than the principal structure. (6) Two-story or higher buildings shall have a minimum setback of ~eighty feet from the common boundary between the canal easement and the E~astem PUD Bhoundary. All principal buildings shall have a minimum setback of -l-!--one toot for each -t-!-one fÖot of building height as measured from any PUD B.houndary. (7) Lake setbacks are measured from the control elevation established for the lake. 3-4 ~ 88 B. Off-Street Parkinq and Loadinq Requirements: As required by ~-2;-3Chapter 4 of the Land Development Code in effect at the time of building permit application. C. Open S pacef.N.a.tttFal-Habitat--Pfeserve Area Req ui rements: 1. A minimum of sixty (60) percent open space, as described in Section 2.6.32 Subsection 4.02.01 of the Land Development Code, shall be provided within the residential portion of the PUD. 2. Each residential S§ite Ggevelopment PQlan submitted to Collier County shall demonstrate that development of the PUD is in compliance with the minimum sixty (60) per cent open space requirements. D. Landscapinq and Bufferinq Requirements: 1. A berm, rock, wall, fence, or combination thereof may be provided by the developer adjacent to the Interstate 75 right-of-way. Such buffer may have occasional openings to provide glimpses of the project from Interstate 75. In order to maximize security and minimize impacts on existing trees, fences or walls may measure up to eight (8) feet in height of any berm/wall or berm/fence combination. 2. If landscape buffers are determined to be necessary adjacent to preserve areas, they shall be separate from the preserve areas. 3. If a Nnatural Mhabitat PQreserve Aªrea is shown along the northern boundary of the residential area, where it is adjacent to the commercial area on the PUD Master Plan, and the preserve area's vegetation meets the planting requirements of the normally required buffer, a buffer shall not be required in this area. E. Architectural Standards 1. All residential buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the project. 3-5 --- ,.-.' ',. -,_._-",--_. _.._~_.._.- " 88 '" f Exclusive of single-family detached homes, all buildings shall be primarily finished in light subdued colors except for decorative trim. Within multi-family portions of the project all roofs, except for carports, shall be peaked and finished in tile, metal or architecturally-designed shingles (such as Timberline). Within any single-family portions of the project, all roofs shall be peaked and finished in tile, metal, or architecturally-designed shingles (such as Timberline ). 2. All pole lighting, internal to the project, shall be: architectural- designed, limited to a height of thirty (30) feet, and similar architecturally to one of the lighting fixtures shown on Exhibits "C" or "0". F. Siqns Signs shall be permitted as described within Division 2.5Chapter 5 of the Collier County Land Development Code, except as described in the following instances. 1. Up to two (2) ground or wall signs shall be permitted at each main entrance to the residential portion of the PUD and shall be located within the residential areas of the PUD. Such sign(s) shall contain only the name of the entire 141.56±-acre PUD residential project, names of individual communities within the PUD project, and insignia or mottos of the development. Such ground or wall sign(s) shall be similar architecturally to one of the signs shown in Exhibits '·E" or "F" and architecturally compatible with the unified architectural theme of the entire PUD (as described in Section 3.4E. of this PUD Document). Said ground or wall sign(s) shall not exceed a combined area of sixty-four (64) square feet, and shall not exceed the height or length of the wall upon which it/they is/are located. 2. Two ground signs shall be permitted along the western PUD boundary. Such signs shall contain only the name of the entire 141.56±-acre PUD residential project and shall be architecturally compatible with the unified architectural theme of the PUD (as described in Section 3.4E. of this PUD Document). Exclusive of landscaping, such ground signs shall not exceed an area of twenty- four (24) square feet. 3. A residential identification and directional sign shall be permitted in the vicinity where Malibu Lake DriveTarpon Bay Boulevard 3-6 88 intersects with the existing frontage road along Immokalee Road. Such sign shall contain only the name of the entire residential project, the names of the individual communities within the PUD, and directions to such. Such sign shall be architecturally compatible with the unified architectural theme of the PUD (as described in Section 3.4E. of this PUD Document) and shall not exceed an area of twenty-four (24) square feet. 3-7 ,~"..'"--~_. .~,,-- 88 SECTION IV COMMERCIAL ARéAS-PLAN "C" 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Commercial "C" desiqnated areas Areas as shown on Exhibit "A", PUD Master Plan. 4.2 GENERAL DESCRIPTION Commercial areas designated on the PUD Master Plan are intended to provide commercial, warehouse, wholesale, and office uses 4.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Amusement and Rrecreation ~.§ervices (§Groups 7911, 7933, 7081 ). 2. Apparel and Aªccessory stores (§Groups 5611 - 5699). 3. Automotive GQealers (§Group 5511), Aªuto ð.§upp/y ~.§tores (§Group 5531), Gçonvenience Ffood ð.§tores with gas pumps (§Group 5411) and Ggasoline ~.§ervice ð.§tations (Group 5541 Aªutomobile ð.§ervice ~.§tations only, with services and repairs as described in Section 2.6.28Chapter 5 of the Collier County Land Development CodoLDC and excluding +!ruck ~.§tops - Rretail. Diesel pumps may only be provided for automobiles and trucks of 1 ton or less capacity. ), ª-ºoat GQealers (Group 5551 ) and Mmotorcycle ºQealers (Group 5571 ). 4. Auto Rrental ~.§ervices and Gçar Wwashes (§Groups 7514, 7515, 7542 only for automobiles and trucks/buses of 1 ton or less capacity). 4-1 '''''''''''''-;-'';'''¡''""""",';~;"-'-_''';,";¡¡",.",,,..~ ,.. 88 5. Building Mmaterials, Þlhardware, and Ggarden S§upply (gGroups 5231-5261 ), includinQ home improvement superstores. 6. Business S§ervices (gGroups 7311,7313,7322 - 7338, 7361, 7371 - 7384). 7. Depository and Nnon-Dgepository tlnstitutions (gGroups 6021- 6199). 8. Eating and drinkinQ PQlaces (gGroup 5812, 5813) and Dgrinking PQlaces (~Group 5813 onlv cocktail lounqes in conjunction with a restaurant.) - outdoor dining shall be permitted subject to parkinQ and fire code requirements. 9. Educational S§ervices (gGroups 8211 - 8249 no exterior instruction of motorized equipment, 8299). 10. Food S§tores (Groups 5411, 5421, 5431 except roadside sales -= Group 5499). 11. General Mmerchandise S§tores (gGroups 5311 - 5399), includinq warehouse clubs and discount retail superstores. 12. Health S§ervices (gGroups 8011 - 8099). 13. Holding and GQther~lnvestment GQffices (gGroups 6712 - 6708). 14. Home Þfurniture, Þfurnishings and €§quipment S§tores (gGroups 5712 - 5736). 15. Hotels and Mmotels (gGroup 7011 ). 16. Insurance Gçarriers, Aªgents, Bhrokers, and S§ervices (gGroups 6311 - 6399,6411). 17. Legal è§ervices (gGroup 8111). 18. Membership GQrganizations (gGroups 8611, 8621, 8641, 8661). 19. Miscellaneous Rrepair (gGroups 7622 - 7631). 20. Miscellaneous Rretail (gGroups 5912, 5921 , 5932 {antiques only} 5941 - 5949, 5992 - 5999 except auction rooms, monument and tombstone sales). 4-2 "._.~. -."> 88 , 21. MovieT!heaters (gGroup 7832) and Vyideo +!ape Rrental (gGroup 7841 ). 22. Museums and Aªrt Ggalleries (gGroup 8412). 23. Personal S,êervices (gGroup 7212 Qgry-cleaning and laundry pickup stations only 7215, 7217, 7219 - 7291, 7299 car title and tag service and tanning salon only). 24. ProfessionalGQffices, Rresearch, and Mmanagement Gçonsulting S,êervices (gGroups 8711 - 8748). 25. Public Aªdministration (gGroups 9111 - 9661). 26. Real €-ªstate Aªgents and Mmanagers (gGroups 6512 - 6552). 27. Security and Gçommodity Qgealers (gGroups 6211 -6289). 28. Social Services (gGroups 8322 only adult day care services, counseling services, and senior citizens associations Group 8351). 29. Travel Aªgencies (gGroup 4724). 30. Veterinary S,êervices (gGroup 0742 for household pets only and without any overnight boarding or outside kennels). 31. Warehousing (gGroup 4225 but for self-storage only with no outdoor storage, no on-site maintenance/manufacturing, and buildings architecturally designed to look like office buildings for persons viewing the project from off-site.) 32. Any other commercial use or professional service which is comparable in nature with the foregoing uses, as determined by the Board of ZoninQ Appeals. B. Accessory Uses: 1. Uses and structures that are accessory and incidental to the -PQermitted Y!::!ses within this PUD Document, includinQ outdoor Qarden centers. 2. Cocktail Loungo (group 5813, only in conjunction with Eating Places). 4-3 88 ð,.L- Caretaker's residence as described in Subsection 5.03.05S€Gtion ~6 of the barKi--Qevelopment-GodeLDC. 4.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum Lot Width: Seventy-five (75) feet, as measured alonq an internal access easement or right-of-way. C. Minimum Yards: (1 ) Principal structures: (a) Front ¥yards - Twenty-five (25) feet. (b) Rear ¥yards - Twenty-five (25) feet. (c) Side ¥yards - Ten (10) feet, except no side yard shall be required in accordance with Section 4.4.C.3 of this PUD Document. (d) Yards from the Residential Areas of this PUD - One (1) foot for each foot of building height with a minimum of twenty-five (25) feet. (e) Yards (setback) from preserve areas: Twenty-five (25) feet. (2) Accessory Structures: (a) Setbacks shall be as required by Division 2.6.2 Section 4.02 of the Land Development CodeLDC in effect at time of building permit application. All accessory structures shall be set back a minimum of twenty-five (25) feet from the Residential Areas of this PUD. (b) Accessory structure yards and parkinq areas shall be a minimum of ten (10) feet from preserve areas. 4-4 .'_"~_4___~~_ .--- 88 (3) Plattinq or subdivision of buildinq tracts for separate ownership for a buildinq within typically connected buildinqs and parkinq lots shall not require setbacks and other requirements from the buildìnq to a property line, includinq but not limited to landscape buffers. D. Distance Between Principal Structures: One-half the sum of the heights but a minimum of ten (10) feet. Plattinq or subdivision of buildinq tracts for separate ownership for a buildinq within typically connected buildinqs and parkinq lots shall not require setbacks and other requirements from the buildinq to a property line, includinq but not limited to landscape buffers; however, a minimum of ten percent of the commercial area shall be open space. E. Minimum Floor Area of Principal Structure: Seven hundred (700) square feet of gross floor area for each building on the ground floor. F. Maximum HeiQht: Fifty (50) feet. G. Off-Street ParkinQ and LoadinQ Requirements: As required by Section 4.05Gi-vision2-,-ð of the bafiG-~Of}meffi GedeLDC in effect at the time of building permit application. H. Open Space/Natural Habitat Preserve Area Requirements: 1. J\ minimum of thirty (30) percont open space based on tho gross area for the Commercial Areas of the PUD, as described in Section 2.6.32.3 of the Land Development CodeExcept for required landscape buffers, water manaqement areas, and native veQetation preserves, all other required open space for the mixed-use PUD shall be incorporated into the residential area of the PUD. I. BufferinQ Requirements: (1 ) A twenty (20) foot wide Type "D" Buffer shall be provided along Immokalee Road, Tarpon Bay Boulevard and Interstate 75, with the landscaping as required in Section Section 2.4. 7.44,06 of the Collier County Land Development CodoLDC. except the developer shall install landscapinQ within the buffers of Immokalee Road and 4-5 ~. 88 ; Tarpon Bav Boulevard which exceed the minimum required size by twenty percent at time of plantinq. (2) A ten (10) foot wide Type "þ," Buffer shall be provided along the 'Nestern and eastern PUD boundaries, 'Nith the landscaping as ~R-SeGtiûn 2. 4. 7. -1 of thB-GeIJ.iel:-Getlf1ty-bafl4-Qevelepmem GOOe-,--Th¡&-+ype-~-B\;;tffef---feEtu-ifBmem--may--be-wa-i-ve4--by-the Current Planning Staff where the site is simultaneously developed 3S a single project with the abutting Crest\.vood PUD to the 'Nest or ß-ref1-tweoEI--PU-Ote--tRe-east--an€l-Gf0&S-aGG€-&5e&-ar-e--f;}fev-ided-; (-ðj{lLA fifteen (15) foot Buffer-Type "B" Buffer shall be provided along the southern boundary of the G.çommercial Aªrea. If a ~+!J.atural W!labitat PQreserve Aªrea is shown along the northern boundary of the abutting Rresidential Aªrea on the PUD Master Plan, this buffer shall not be required as long as this preserve area meets the requirements of a Type "B" Buffer. J. Siqns 1. Site Sìqnaqe: Site siqnage shall be permitted as described in Section 5.06 of the Land Development Code. Four (4) multi-tenant site signs shall be permitted; (two (2) along the 1-75 frontage, one (1) along Immokalee Road, and one (1) alonq Tarpon Bay Boulevard. Each outlot shall be permitted one (1) qround siqn, as required by Section 5.06 of the LDC, in effect at the time of buìldinq permit application. 2. Siqnaqe shall also be permitted subject to the deviations authorized in Section 2.7 of this PUD. 4-6 ---,,"...----,."". ....-- 88 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with F'final S.§ite ºgevelopment PQlans, F'final S.§ubdivision Plaftsplats and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of F'final PQlat, Ffinal S.§ite Qgevelopment PQlan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this dDocument. The developer, his successor or assignee, shall agree to follow the PUD Master Plan and the regulations of this PUD... as adopted... and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this AgreemeHtDocument. 5.3 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 F'final PQlatting or S.§ite ºgevelopment PQlan approval. Subject to the provisions of Section 2. 7.3.5 Section 10,02 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5-1 88 ,,! 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A. The landowners shall proceed and be governed according to the time limits pursuant to Section 10.02Section 2.7.3.4 of the Land Development GedeLDC. B. Monitorinq Report: An annual monitoring report shall be submitted pursuant to Section 10.02Section 2.7.3.6 of the Collier County Land Development CodeLDC. 5.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to c-Gmt*i-aR-Ge----wit-h---af3f*"Gf*iate--pr-ov-i-s-ioos-----ef--tl=te·--GolI·ief-GeHA-ty---h-aRd Gevelopment Code-;--QfWsion 3.2. Subdivision&- 5.6 WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit application shall be sent to Collier County Development Services with the SDP submittal. B. A copy of the SF'.^JMD Surface \Nater Parmit shall bo submitted prior to Final Site Development Plan Approval. GB. An é~xcavation PQermit will be required for the proposed lakes in accordance with Section 3.05Division 3.5 of the Collior County Land Development CodeLDC and SFWMD Rules. CC. Lake setbacks from the perimeter of the PUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. €D. A right-of-way permit from the Big Cypress Basin (SFWMD) shall be obtained for any impacts in the canal east of the property. E. Water manaqement shall be permitted to be shared throuqhout the PUD. Conceptual water manaqement shall be shown on the first SDP. Subsequent SDP's or amendments shall not be required to modify the oriqinal SDP or water management plan. 5-2 ,..".._--""""......-,.,-", -- "---- 88 , 5.7 UTILITIES A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. B. Except on an interim basis, for structures such as sales/construction trailers and models, the project shall be required to hook-up to and utilize public water and sewer facilities. C. Wellfield easement (30 feet by 30 feet) access shall be provided over and across inqress/eqress easements as identified in the operatinq and easement aqreement. 5.8 TRAFFIC A. Where the project's traffic shall be utilizing 20th Avenue NW as an access, the developer shall be responsible for extending such roadway to the project site, including crossing the canal that is located just east of the site, prior to the issuance of any Gçertificates of Gºccupancy for the project. The developer shall also be responsible for providing a left-turn lane and a right-turn lane along Oakes Boulevard for traffic turning west onto 20th Avenue NW. B. All turn lane improvements committed to by the petitioner developer shall be in place prior to the issuance of any G,gertificates of GQccupancy for the project. In addition, if, in the sole opinion of the County, the petitioner's construction traffic is shown to cause a safety or operational problem at the intersection of 20th Avenue NW and Oakes Boulevard, the County may require said turn lanes to be installed in advance of the petitioner's scheduled construction for the project. C. The applicant developer shall be responsible for the installation of arterial level street lighting at the project entrance. Such lighting shall be constructed so as to shield adjacent residential uses from glare and direct light spill. In addition, if the project's traffic is utilizing 20th Avenue NW as an access, street lighting levels at the intersection of 20th Avenue NW and Oakes Boulevard shall be augmented by the petitioner developer so as to be consistent with arterial standards. Such lighting improvements shall be in place prior to the issuance of any G,gertificates of Gºccupancy for the project that ffi-are utilizing 20th Avenue NW as an access. . 5-3 r 88 ~E. The project may be required to proceed in phases beyond 1999 if the Level of Services (LOS) of any roadway within the Radius of Development Impact (ROI) falls below the minimum standard set forth in the Growth Management Plan. The petitioner may, however, provide additional capacity, such as additional turn lanes at intersections or traffic signals, if warranted, in advance of when the County would otherwise have programmed any such improvement. F. All traffic control devices, signs, pavement markings and desiQn criteria shall be in accordance with Florida Department of Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS), current edition, FOOT DesiQn Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier county Land Development code (LOC) G. Arterial level street lighting shall be provided at all access points. UQhting at the access must be in place prior to the issuance of the first Certificate of Occupancy (CO) for units/square footaqe that will directly utilize the access. H. Access points, includinQ both driveways and proposed streets, shown on the PUO Master Plan are considered to be conceptual. Nothinq depicted on any such Master Plan shall vest any riQht of access at any specific point alonq any property frontaQe. All such access issues shall be approved or denied durinq the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Manaqement Policy (Res. 01-247), as it may be amended from time to time, and with the Collier County Lonq-ranQe Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUO Amendment is to be processed. I. Site-related improvements (as apposed to system-related improvements) necessary for safe inQress and eQress to this project. as determined by Collier County, shall not be eliQible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO for units/square footaqe that will directly utilize the improvements. J. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended, and Division 3.15. LOC, as it may be amended. 5-4 ,-~,,_.._-_. .-._- 88 ".1 K. All work within Collier County riqhts-of-way or public easements shall require a Riqht-of-way Permit. L. All proposed median openinq locations shall be in accordance with the Collier County Access Manaqement Policy (Resolution 01-247), as it may be amended, and the LOC, as it may be amended. Collier County reserves the riqht to modify or close any median openinq existinq at the time of approval of this PUO which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. M. Nothinq in any development order shall vest a riqht of access in excess of a riqht in/riqht out condition at any access point. Neither will the existence of a point of inqress, a point of eqress or a median openinq, nor the lack thereof, shall be the basis for any future cause of action for damaqes aqainst the County by the developer, its successor in title, or assiqnee. N. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. O. If any required turn lane improvement requires the use of existinq County riqht-of-way or easement, compensatinq riqht-of-way, if required, shall be provided without cost to Collier County as a consequence of such improvement. P. If, in the sole opinion of Collier County, a traffic siqnal, or other traffic control device, siqn or pavement markinq improvement within a public riqht-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and/or adjacent developers on a fair share basis. 5.9 1-75 RAMP IMPROVEMENTS A Within 7 years of the adoption of this PUO, the appropriate qovernmental aqency shall perform a study as to the need for modification to the 1-75 ramp to address north bound on and off ramps. If the study justifies a modification, the County shall take the minimum area required to construct the on-ramp and modify the off-ramp. The maximum ramp radii shall be 225 feet. Retaininq walls, barrier separation walls and quardrails 5-5 88 shall be used in the desiqn to minimize the land area impactinq the Developer's project including, but not limited to the parking lot. The maximum area to be taken for 1-75 improvements is depicted on the PUD Master Plan as the 1-75 Reservation Area. S. Non-conformities resulting from the 1-75 ROW taking and improvements within the 1-75 reservation area in accordance with Exhibit I, shall be deemed to be leqal non-conformities, and no further mitiqation or variances shall be required of this developer. The appropriate governmental agency shall be required to mitigate any impacts to the required native veqetation (Preserves), water manaqement and landscape bufferinq for the site. Mitiqation for native veqetation and landscape bufferinq shall be permitted in the form of re-created Preserve areas, and the re-created Preserve areas may be made within landscape buffer areas, water manaqement areas or Preserves. Water manaqement mitiqation shall be accomplished by the appropriate qovernmental aqency in accordance with South Florida Water Manaqement District and Collier County requirements/rules and shall be located on property owned by the qovernmental entity and not on property owned by developer. The appropriate qovernmental aqency will provide services to modify any permits, site development plans or plats as a result of the takinq. The County will provide the developer expedited permits to complete any work to modify the developer's on-site parkinq to accommodate the ramp modification. C. Developer shall modify parkinq, drive aisles, curb, lightinq and other parkinq area features when the 1-75 Reservation Area is taken by the appropriate qovernment aqency prior to commencement of 1-75 ramp improvements. The modifications shall be consistent with the PUD master plan attached hereto and incorporated herein as Exhibit I. Exhibit I shall be the PUD master plan for the commercial component of the PUD once the 1-75 Reservation Area is taken by the appropriate qovernment aqency. The FDOT shall construct the 1-75 ramp improvements in a manner that allows necessary improvements to be constructed on the Developer's property to be in compliance with all permit conditions and for the project to remain in operation durinq and after construction of ramp improvements and impact mitiqation. D. Developer shall be allowed to develop the entire site per existinq code requirements within the 1-75 Reservation Area. Developer aqrees not to construct buildinqs within the 1-75 Reservation Area. However, site features, includinq but not limited landscapinq, pavement, curb, etc. will be permitted to be constructed within the 1-75 Reservation Area. 5-6 .--,",--«-,,_._-_. "._"--~.~._. .^"~ ._- 88 .~ . . ~ '../ :,: E. The County and/or FOOT shall allow the developer to construct a "RiQht- in" access located immediately east of the end of the FOOT LARW line on Immokalee Road when permitted. F. The County will provide for an expedited review of site development plan, plat. buildinQ permits, and certificate of occupancy for the proposed commercial development on the commercial developer's property and shall also administratively approve any necessary amendments to the SOP to be in compliance with Exhibit I at no expense to the developer. G, The FOOT shall purchase the 1-75 Reservation Area at a price based upon the fair market value of the property on the day before the PUO is approved. The acquisition of the 1-75 Reservation area shall be completed by the appropriate Qovernmental aQency acquirinQ all required permits to construct the ramp improvements and relocation of all preserves, water manaqement facilities and open space impacted by the construction of the ramp improvements no later than 7 years after the approval of this PUO document. H. The County or FOOT shall provide the developer six months written notice prior to the commencement of ramp improvements to allow the developer adequate time to construct any on-site parkinQ and other site modifications, In the event that construction of the 1-75 ramp improvements occur concurrently with or prior to construction of phase one of the Malibu Lakes commercial component then FOOT or Collier County shall be obliqated to provide the necessary commercial site improvements as depicted on the SOP and PUO master plan within property owned by FOOT or Collier County. Developer shall not be obliQated to relocate improvements on the property retained by the developer. The improvements FOOT or Collier County must provide include but are not limited to water manaQement, native veQetation, buffers and open space. I. The developer shall prepay road impact fees in the amount of .$2.200,000.00 within thirty (30) days of the effective date of the PUO. Upon payment of the road impact fees for the commercial development. the commercial development shall be vested for approximately 274,000 square feet of commercial development. The County will issue the developer a Certificate of Public Facility Adequacy to evidence the vestinq of this square footaQe for transportation concurrency purposes upon receipt of the aforesaid prepayment. 5-7 88 5.91Q PLANNING A. Pursuant to Section 2.2.25.8.1 Chapters 2 and 4 of the baRd Development CodeLDC, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. B. In the event Collier County transfers ownership of the former FOOT service road located adjacent to Immokalee Road to the developer. the developer or successor owners may utilize this area for open space, water manaqement, and landscape buffers. which shall be utilized in meeting the minimum criteria for said uses as may be required at the time of site development plan or plat. C. Site development plans shall be permitted to include multiple owners. All infrastructures shall be constructed and maintained pursuant to a recorded operatinq and easement aqreement. 5.-1-011 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the GUfFeBt--P-laooiA§--Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. Petitioner The developer shall comply with the guidelines and recommendations of the U.S. Fish &-and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on-site, a Mhabitat Mmanagement PQlan for those protected species shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Ffinal ð,ªite PQlan/G,Çonstruction PQlan approval. C. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with--SeGtfoo 3.2.8.3.4 Section 3.9-of the Collier County Land Development CodeLDC. 5-8 , ........~ "'-", --- 88 In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements and dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. D. 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 approval by the Current Pkmning Environmental Review Staff. All principal commercial structures shall have a minimum setback of twenty-five feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum ten foot setback. E. An exotic vegetation femevaJ,mooft~--a-nG-maffiteHance (exotkHreef plan for tho sito, \'\'ith omph:Jsis on the conserv:Jtion/preserv3tion are::!s, shall be submitted to Current Planning Environmental Staff for revie'.\' and approval prior to Final Site Developmont Plan/Construction Plan approval.AII Cateqory I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. F. A minimum of 25 percent of the viable naturally functioning native vegetation on-site (Nnatural Hhabitat PQreserve Aªrea), including both the under-story and the ground cover emphasizing the largest contiguous area possible, shall be retained on-site, as described in Section 3.9.5.5.3 Section 3.05 -of the Land De'¡elopment CodcLDC. The oriqinal Malibu Lake PUD contained 134.85 acres of native veqetation. The residential component in Ordinance 99-49 was required to retain a minimum of 32.56 acres of native veqetation. The commercial component of the project will consist of 37.1± acres, of which 10.86 acres is presently native veqetation. The total native veqetation required to be retained on the commercial portion of the Malibu Lake PUD shall be 2.72 acres (10.86 X .25 = 2.715). G. Re-created preserves shall be in accordance with Section 3.05 of the LOC. 5-9 88 H. This PUO shall be consistent with the environmental section of the GMP conservation and coastal management element and the LOC at the time of final development order approval. L A preserve area manaqement plan shall be provided to Environmental Staff for approval prior to site/construction plan approval identifyinq method s to address treatment of invasive exotic species, fire manaqement, and maintenance. J. In the event that construction within the 1-75 Right-of-way reservation area impacts the required preserve, that preserve acreaqe will be recreated elsewhere on site with an approved plan by the appropriate qovernmental aqency. The recreated preserve shall consist of enhanced buffers, native plantinq within water management areas, or any combination thereof. K. All approved Aqency (SFWMO, ACOE, FFWCC) permits shall be submitted prior to final Site Plan I Construction Plan approval. Since the entire PUD is 150.15 acres and the existing lake is 15.30 acres, the 25 percent Natural Habitat Preserve Area would be a minimum of 33. 71 acres, based on a vegetated area of 134.85 acres. --------1-.---W-ithffi--the-S-:-€9-wFe--Gemmeffiiffi-Area--ef.-the--P-6J-Q-a-m-ifHmtIm-tetæ of 1.15 acres and 13,30% of this area shall be retained as Natural Habitat Preserve Area. 2. VVithin the Residential Area of the PUO a minimum total of 32.56 acres and 25. 70% of its vegotated area shall bo retained as Natural Habitat Preserve Area. 3. Each Site Development Plan submitted to Collier County shall demonstrate that devolopment of the PUD will be in compliance with retaining at least 13.39% of the Commercial Area vegetated area or at least 25. 79% of the Residentiall\rea vegetated area. 5-10 -..-;--.,...- .---..'. --_.._^~"... . ~ . j¡ ~ ~~; ~~~; !>J; ~~; ~ê~; ~8~~; ~ . ~~ 2 hê ~d~ ~t~ ~;~ ~~~e b¡<~n I 8 ~ ~ a.~ ~a~~ g~~ ~~~ ~§~~ ~ª~d T ~ ! , ,; ~§~ ~~~~ ~.~s ~~§ ~1~5 '¡;g~~: ~~ a z :IS al::l2 ~!3 ~m¡¡ "U8- A c: i"'~i:::l ~ai!! ~ 8 ~ ~~ ~~¡;~ ~~ê~ ~~! . ~~~ ~an~~ a~ ~ ~ ~ ,;.. ,~~¡¡¡ e8!1J~ µo, .ìª ~gll~~ ~ 'I I ~ ~ ~~§ ~~~ W~ ~~ ª~~ ~~~~~ ~! 8 ~ .~~ ~~a ,Z~S 8~ B~ª ~~~~~ , ~~. ¡;a~z ~~,,~ ~o a. ':;:0 i ~ >~~ .~~ ~~~: ~~ 1~~ §~~~~ ~ ~ ~~ ~~~ jÞ~~ ~~ ~~~ ~a~~~ ~ ¡< ~~ ~~; ~R~~ ~~ ~~~ ~æ~~~ g ~ F~ ~~~ ~~~~ ~~ ~~i ~~~~~ ~ ~ ~a z¡!:2 ~g;:;g ~~ ~~;E ~~~ã U7t1l ~.~ ~~~~ ,c 021 ~,o. ~àF ~ ~ öffl ~~~ ~õ ~ ~ ~ . i · !!I LOt" I ~i~ ~o I !:¡ ¡~J~ ~ ¡i¡ ¡¡¡'II .. , . Ii I> EJ> ¡¡> ~ ~ I ~---- ~ ~~¡¡¡Æ~ ~~~~ ~M~ g~ ªg~ " un" t _» j~~~~ ~"'~ §n~ ~~ ~~~ ............ I ~J I t ~~~6i/ bõ~ Š¡¡~ ¡¡~ ¡;¡¡~ ,'! my".., I "" ~ ~. ~;~i~ i/~~~ .:~ :~ .:~ ' I NORTHERN : I - ~ ,': . . ~.~ ~~@ ~@ ~@ 2~@ , RESlOENTIAL i ,n ' , -- ~aj ~ ¡¡¡a~~ i/~ i/~ '~ ' ... ~. ¡ , r ~:~~i/ Sä§i ~~ ~~ ¡~~ .-J / ..... .... ·....1 ~I :11 / '- ! ! I "'~ 8' '0" 1I"!i!I" ,I'" ,. ~.. a. '- I , q ~~ ~b~~ ~~~~ ~~;:!~ ¡.". '. ~ n - , ~ I '..~. n~ ~;~~a ~~¡¡~ ~~,,~ <~~ :)..... .....~" : : U~ Mo! iE~~ ~;~; ~~; , \ ø ::j",,;¡........ ! ~~ ~5ã~~ ~~~~ §~ §~ ~~I:: ! - j .~ J I~ ~~iie ¡;ã~~ ~¡ ~i ~Q~ I I~ f- --- 7~ ; : ¡;~ :;;i ~~I~ Iql ~~I ~ ~), /(¡'/' 1;: I:~ Ii.! ~~ ~iõ~ ~~!i!~ .§ "I ~~ :- ' .;: ~--llft -7 ". ~ø~~ !!Õi; ~~ ~a ~~ ' III ; I ~ : ,s ~ ~ .~,,~ 6~ > !:iF!i!~ ~~ ' e '\ ~ ' I I 1j~~ :1:01'1 0 -iO S:Q I "". a q o F':IIi~z~:5 >:Ii Q:I! ...... <:: · III §'fa 11~~ ~>o 13.> ~» I I ~ / I .. z °111 ¡$i¡ . ~ \: ___::::-' I L___I Z I AREA I o ~ :r g¡ c z , o , I ç; , . "'OOLE : !H ~ ~ ¡¡ ffi ' . ' I ~ i a : ; en : ¡ h - L 'w I ~ to I r 1~ I_APEII'I.(£lIt/JtIIII'rNXDSJ 8 CD ~ !"!I ! ',!:! .'B'. - ~ ~ r; r; z . ~ ' I RfSlOENTlAL t-- ~i! 0 m ~ ' ~. . ¡;Æ ;;j , ~ ' '" ~~ .. :: p ; ~--;;.. I t ri: r 'AREA t I '1 i:: I o~ ~ : I : .. ~ ¡¡ c;-:, ~ ," III = . "L__ .. i!!ë; ~ ,/,: _ ! 1-< ~m ..,. I, g S-i- -- - -- , Ilj j" L ~ ~ :; I ! i'· = ¡¡! ~ = '. '~ alii ùi 1:1; 0 0 I:' \, ! ;;;._ , ¡-UI :1_ ~ . ¡;;: ii' ~ II ~ ~ '.' RESIDENTIAL i " ""''''''(11'_ !I! ~ ~ ~ ~ ~~~ ... ' ; , , · ~ f-c ~ ~ ~ ~~ ~ ~~~~ b i : I~ : ¡ :- ¡- ~! ~~å ~ ,8 ~ ¡g~i~ i ~' I: ~'. :. .. ; i.1 ~c~ ~ê~ R~ ;¡ ; "', /:'" / .. ~: o ~'" z'" ~ ~ - , ", 'i <:¡ xí:j)¡ ;>)¡ i ¡; ,..1" . .', .. !' 'm t:;I . Iö::;ic:; ;:;¡' I! ., SI~ ~¡; ~ lìi!z iIi:= ~ '--' i ! _; ,! al ~" ~ '!!~ ð;> ~ ~ ! : ~~ 8 ::.E 0 t:ti f'lã~ I l¡:t ~ t.I . ( . ' I .. » 2 c::: ~ iIi ~:;~ i ~ ¡; , ;;j~ § I~ ..Ita ~ it " '/ "- ~ ;U"'U >' »B ~ >- "\. I "- ~~~c!fT1 ~ 88~ ~ ~ i t- z» x ~ '" !S ~ ~ ~ ~ i!í §~ ~ ;::1:;-< \::j ~ Ii: " -- j I ê~» ~ i i i --- r ~ ç~ ~ e e Z J Zo Ii=: æ ~ ~ ~ ~ ~ ~ Ii "3 OJ '" ~ .',_0· "-~'-"'·""""'''"''_'~''''''""'''''''''.¡H''~'''¡¡¡''''''"'''"''~'_' , ~I"l - 10[ 'I ~ ~I nil' n II ¡ if if ~ ... .... ....... .~ II!I ;1 [Q..I!f:1tJ.........,'. ".' [Q.'fJ!l....:.'....J ¡ I t. f f. :!. I ~ ~" " b ~ b ¡;u ¡II · ' II Ii III qll ~I· j rIl, 'i äll f'· i :J". ~ &1 !I ril It!:!! it !ii j di ;!:, ii .: ru · : t I: h!Þ 011 ¡! i ¡ø .1. j.. d'I" I~ ì: Ii !: II: I! I,: ~ · t I" i:.... ; ..,.. III II i ¡ I ¡ ''::1 ~ ~!:!~ ,. ": I · ~ ~ ð G ,I ,.. ~fll I~!~_ ''-'.'.: :. .111 .f.. I E I ø .... '. "5. ." I,u ·.1.·... :y:. ,.1 IlIi di '. .... . ... .,.~' I!I GI J L"..~ "' i.1 I b. ~~." ~ ~ ~ :. .' ... 'I ~ ~I~ .' ~l äJ·¡ I' ¡ P I .'~. I I ~ !ïI '5 I! . , 1: III . I J.t .t f· I 1:1 UIi! j¡ II i ~~ : J {I' ...¡ . , J I J 'I ~ ¡ !I <' ..... rI" I... ¡- ¡i.. .' ~¡ ftlll~11 ,: if !I !: !: I ~~ J 1,:; f: f; f; i 'a ~ Ii III III II! I I~I ~i f¡ I If! ! Iff ! If! J f In P~lii~HU ~~ !~inU I r.·.i....~,i.. I P ii II ñ:! Hi: p ji: p I~ It ¡ f I j I ;~,: .".. -'>..."..~----_.- ~_..~,_._,-'^.".,._.._.. 8.8 t - ! , - , f , , I { i r .. 88 i '. . I I ! ! .. - ..."-.,,.7""" ,,-: ~~~ r.. :':;"~ : ¡~ ;~....~j(~~) . '. ; ,~..··t _:l. -J. ~~'. ; .."., ........ . ¡ , i I " ! ¡ 1 I .! ! 1 1 i j 'I ! 1 I 1 ) ¡ í I , ¡ I i ! '~'-'-"-->'""--- ---~-~- . 88 '. . BXHIBrr "B" DHPICI'lON OF pROmer BNTR..Y SIGN - , j j I t J I ¡ ¡ I ¡ j I , i ~ I I 1 I ¡ I I i .- ~-.... . I .....-...... ¡ 88 ":ø ; BXHlBIT "pt' DEPICI'ION OF PROmer BNTllY SIGN i I i j ; 1 ; i i . . i 1 I I ¡ I ! t '.'--.., ....-- -....-.---...--.. I -_._~--~.- -.'-'-'- " LEGAL DESCRIPTION PARCE£ / LOTS 2 AND 3 OF BRENTWOOD ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT B00/(38 AT PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: BECIN AT THE NORTHWEST CORNER OF LOT 3 OF BRENTWOOD ACCORDING TO THE PLAT THEREOF RECORDED IN PLA T BOOK 38 A T PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N 86"54'14' E. ALONG THE BOUNDARY OF SAID LOT J, FOR A DISTANCE OF 68.57 FEET; THENCE RUN N 87"44'07' E. ALONG THE BOUNDARY OF SAID LOT J, FOR A DISTANCE OF 99.57 FEET; THENCE RUN N 0275'59' If, ALONG THE BOUNDARY OF SAID LOT J, FOR A DISTANCE OF 60.00 FEET; THENCE RUN N 87'44'01" E. ALONG THE BOUNDARY OF LOTS 3 AND 2 OF SAID BRENTWOOD, FOR A DISTANCE OF 178.69 FEET; THENCE RUN S 88"53'16" E. ALONG THE BOUNDARY OF SAID LOT 2, FOR A DISTANCE OF 44.48 FEET; THENCE RUN S 02:36'70' £, ALONG THE BOUNDARY OF SAID LOT 2, FOR A DISTANCE OF 309,51 FEET; THENCE RUN S 81"23'12· If, ALONG THE BOUNDARY OF SAID LOTS 2 AND J, FOR A DISTANCE OF 391.69 FEET; THENCE RUN N 02"34'19" If, ALONG THE BOUNDARY OF SAID LOT J, FOR A DISTANCE OF 253.51 FEET TO THE POINT OF BEGINNING. AND LOTS 4 AND 5 OF BRENTWOOD ACCORDING TO THE PLA T THEREOF RECORDED IN PLA T BOo/( 38 A T PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BÐNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN A T THE NORTHWEST CORNER OF LOT 4 OF BRENTWOOD ACCORDING TO THE PLA T THEREOF RECORDED IN PLA T BOo/( J8 A T PAGES ..u AND 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,' THENCE RUN N 87"23'12" E. ALONG THE BOUNDARY OF SAID LOT 4, FOR A DISTANCE OF 294.48 FEET; THENCE RUN S 79'07'03' E. ALONG THE BOUNDARY OF SAID LOT 4, FOR A DISTANCE OF 51.42 FEET; THENCE RUN N 87"23'12" E. ALONG THE BOUNDARY OF SAID LOT 4, FOR A DISTANCE OF 201.13 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT. HA VlNG A' RADIUS OF 41.00 FEET. THROUGH A CENTRAL ANGLE OF 90-00'38: SUB TENDED BY A CHORD OF 57.99 FEET AT A BEARING OF S 41:36'29" E. FOR A DISTANCE OF 64.47 FEET TO THE END OF SAID CURVE; THENCE RUN S 02"36'10' £, ALONG THE BOUNDARY OF SAID LOT 4, FOR A DISTANCE OF 106.59 FEET; THENCE RUN S 10'02'14" £, ALONG THE BOUNDARY OF SAID LOT 4, FOR A DISTANCE OF 102.60 FEET; THENCE RUN S 02'36'10' E. ALONG THE BOUNDARY OF LOTS 4 AND 5 OF SAID BRENTWOOD, FOR A DISTANCE OF 558.08 FEET; THENCE RUN S 89:35'09" W, ALONG THE BOUNDARY OF SAID LOT 5, FOR A DISTANCE OF 600.16 FEET; THENCE RUN N 02:34'79' If, ALONG THE BOUNDARY OF SAID LOTS 5 AND 4, FOR A DISTANCE OF 796,37 FEET TO THE POINT OF 8£GINNING. EXH/Off G JOB CODE: en DRAWN Hi: s.B. SHEET: 1. OF 8 FlLE I' 30-48-26 r;. CRAlJf MINOR AND ASSOCIArE~ P.l EXHIBIT "G" - LEGAL DESCRIPTION CIVIL ENGlNEEBS· LAND SURVEYORS. PLANNERS A PORT/ON OF 3800 VIA DEL HEY SECT/ON 30, 1'0 WNSIDP 48 SOU'J'H, RANGE 26 EAST, BONITA SPRINGS, FWRlDA 34134 NAPlES. COlJJER COUNTY, FlJJOmA PHONE: (941) 947-1144 FAX: (941) 947-0375 DATE: DECEMBER 2003 DBA WING: C-1778-J CERTIFICATE OF AUTHORlZATION NUMBER LB 5151 - EXHIBIT: G AND PARt'S/. g-A A PARCEL OF LAND LOCA TED IN THE EAST ~ OF THE M"ST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SECTlON 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARLY DESCRIBED AS FOLLOWS; . COMMENCE A T THE NORTHWEST CORNER OF LOT 3 OF BRENTWOOD ACCORDING TO THE PLA T THEREOF RECORDED IN PLA T BOOK 38 A T PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE EAST LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SECTlON 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S 86:54'14" If, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF A 60,00 FOOT WIDE ACCESS ROAD, AS THE SAME IS SHOWN ON THE STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP FOR STATE ROAD NO. 93 (1-75), COLLIER COUNTY, SECTlON 03175-2401, SHEET 3, LAST REV/SED 6-26-73, FOR A DISTANCE OF 299.89 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 02'33'24" E FOR A DISTANCE OF 1128,27 FEET TO A POINT ON THE SOUTH LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTlON 30; THENCE RUN S 89'35'09" W. ALONG THE SOU77f LINE OF THE EAST ~ OF THE M"ST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECT/ON 30, FOR A DISTANCE OF 30.02 FEET TO A POINT ON THE WEST LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NOR77fEAST ~ OF SAID SEC710N 30; THENCE RUN N 02'33'24" E, ALONG THE WEST LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SœTlON 30. FOR A DISTANCE OF 1126.81 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID 60.00 FOOT WIDE ACCESS ROAD; THENCE RUN N 86"54'14" £, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID 60.00 FOOT WIDE ACCESS ROAD, FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. AND PARt'I£ U-B A PARCEL OF LAND LOCA TED IN THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SEC710N 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PAR71CULARL Y . DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 3 OF BRENTWOOD ACCORDING TO THE PLAT THEREOF RECORDED IN PLA T BOOK J8 A T PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE EAST LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF Tf!E NORTHEAST ~ OF SECTlON 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST; COWER COUNTY, FLORIDA; THENCE RUN S 02'34'19" £, ALONG THE BOUNDARY OF SAID BRENTWOOD AND ALONG THE EAST LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SEC710N 30, FOR A DISTANCE OF 1,142.33 FEET TO THE SOUTHEAST CORNER OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF 77fE NORTHEAST ~ OF SAID SECT/ON 30; THENCE RUN S 89'35'09" If, ALONG THE SOUTH LINE OF THE EAST'~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SEC710N 30, FOR A DISTANCE OF 300.39 FEET TO A POINT 30.00 FEET EASTERL Y OF; AS MEASURED A T RIGHT ANGLES TO, THE WEST LINE OF THE I+f'ST UNE OF THE EAST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30; THENCE RUN N 02'33'24~ If, PARALLEL YATH THE WEST LINE OF THE EAST ~ OF THE NOR.THEAST ~ OF THE NORTHEAST i OF SAID SECTlON 30, FOR A DISTANCE OF 1,128.27 FEET TO A POINT ON THE SOUTHERL Y RIGHT-OF-WA Y LINE OF A 60.00 FOOT WIDE ACCESS ROAD, AS THE SAME IS SHOWN ON THE STA TE OF FLORIDA STA TE ROAD DEPARTMENT RIGHT-OF-WA Y MAP FOR STA TE ROAD NO. 93 (1-75), COLLIER COUNTY, SECTlON 03115-2401, SHEET J; LAST REV/SED 6-26-73; THENCE RUN N 86"54'14- £, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID ACCESS ROAD, FOR A DISTANCE OF 299,89 FEET TO THE POINT OF BEGINNING. JOB CODE: CWZ DRAWN BY; s.B. SHEET: 2 OF 8 FILE I: 30-48-28 ({. GRA/Jr NlNOR ANlJ ASSOCIATES, P.A EXHIBIT JIG" - LEGAL DESCmPTION CIVIL ENGINEERS - LAND SURVEYORS- PLANNERS A PORTION OF 8800 WA DEL REY SECTION 30, 1'01YNSlDP 48 SOUTH, RANGE 28 EAST, BONITA SPRINGS, FLORIDA 84184 NAPLES. COWER COUNTY. FLORIDA PHONE: (941) 947-1144 FAX: (941) 947-0376 DATE: DECEMBER 2003 DRA WING: C-1778-1 CERTIFICATE OF AUTHORIZA110N NUJ/BER LB 6161 " "._,_b___" ~..,.,-"~,....-.,_. ¡ 88 ,I EXHIBIT: G PAßC'K£ ///-A A PARCEL OF LAND LOCA TED IN THE M"ST ~ OF THE M"ST j OF THE NORTHEAST ~ OF THE NORTHEAST i OF SEC770N 30. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOw.<;: COMMENCE A T THE NORTHM"ST CORNER OF LOT 3 OF BRENTWOOD ACCORDING TO THE PLA T THEREOF RECORDED IN PLA T BOOK 38 A T PAGES 33 AND 34 OF mE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE EAST LINE OF THE EAST j OF THE M"ST j OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SECnON 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S 02"34'19H E, ALONG THE BOUNDARY OF SAID BRENTWOOD AND ALONG THE EAST LINE OF THE EAST j OF THE M"ST} OF THE NORTHEAST i OF THE NORTHEAST i OF SAID SECTlON 30. FOR A DISTANCE OF 1,142.33 FEET TO THE SOUTHEAST CORNER OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30; THENCE RUN S 89"35'09» W. ALONG THE SOUTH LINE OF THE EAST ~ OF THE M"ST} OF THE NORTHEAST 5 OF THE NORTHEAST? OF SAID SECTION 30. FOR A DISTANCE OF 330.41 FEET TO THE SOUTHM"ST CORNER OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST? OF SAID SECTION 30 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CON77NUE S 89'35'09" W. ALONG 'THE SOUTH LINE OF THE M"ST ~ OF THE H£ST} OF THE NORTHEAST ~ OF THE NORTHEAST ¥JF SAID SEC770N 30. FOR A DISTANCE OF 30. 02 FEET TO A POINT 30.00 FEET WESTERL Y OF, AS MEASURED A T RIGHT ANGLES TO. THE EAST LINE OF THE WEST} OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SEC770N 30; THENCE RUN N 02"33'24" If, PARALLEL WITH THE EAST LINE OF THE M"ST ~ OF THE M"ST'~ OF THE NORTHEAST ~ OF mE NORTHEAST ~ OF SAID SECTION 30. FOR A DISTANCE OF 1185.47 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF FLORIDA STA TE ROAD NO. 93 (1-75) AS mE SAME IS SHOWN ON mE STA TE OF FLORIDA STA TE ROAD DEPARTMENT RIGHT-OF-WA Y MAP FOR STA TE ROAD NO. 93 (1-75). COLLIER COUNTY, SECTION 03175-2401. SHEET 3, LAST REV/SED 6-26-73,- THENCE RUN N 86"54'14» E, ALONG SAID SOUTHEASTERL Y RIGHT-OF-WA Y LINE, FOR A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST LINE OF mE WEST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30.' THENCE RUN S 02"33'24" E, ALONG mE EAST LINE OF THE WEST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SEC770N 30. FOR A DISTANCE OF 1186.87 FEET TO THE POINT OF BEGINNING. JOB CODE: CWZ DBA WN Br: s. B. SHEET: 3 OF 8 FILE I: 30-48-26 r¡. CRAlJr MINOR AHJJ ASSOCIATES, PA EXHIBIT "G'l - LEGAL DESCRIPTION CIVIL ENGINEERS - LAND SURYEYOns- PLANNERS A PaR'l'/ON OF 3800 VIA DEL BEY SEC'l'lON 30, 'l'OJYNSHIP 48 SOUTH, BANGE 26 EAST, BONITA SPRINGs. FLORIDA 34134 NAR COl/JEB COUNTY. lZOBI/)A PHONE: (941) 947-1144 PAX: (941) 947-0375 DATE: DECEMBER 2003 DRA WING: C-1778-1 CERT/1'1CATE 01' AUTHORIZATION NlßlJJER LB 5151 ¡ EXHIBIT: G PAHC'.ð'¿ .I//-B A PARCEL OF LAND LOCA TED IN THE WEST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SECTION 30, TOWNSHIP 48 SOUTH, RANCE 26 EAST. COLLIER COUNTY. FLORIDA. BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE A T THE NORTHWEST CORNER OF LOT 3 OF BRENTWOOD ACCORDING TO THE PLA T THEREOF RECORDED IN PLA T BOOK 38 A T PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE EAST LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST i OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA; THENCE RUN S 02'34'19" E, ALONG THE BOUNDARY OF SAID BRENTWOOD AND ALONG THE EAST LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTlON 3D, FOR A DISTANCE OF 1,142.33 FEET TO THE SOUTHEAST CORNER OF THE EAST ~ OF THE WEST f, OF THE NORTHEAST i OF THE NORTHEAST ~ OF SAID SECTION 30,' THENCE RUN S 89'35'09" W. ALONG THE SOUTH LINE OF THE M"ST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 3D, FOR A DISTANCE OF 360.43 FEET TO A POINT 30, 00 FEET WESTERL Y OF. AS MEASURED A T RIGHT ANGLES TO, THE EAST LINE OF THE WEST ~ OF THE WEST ~ OF THE NORTHEAST 5 OF THE NORTHEAST ~ OF SAID SECTION 30, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CON77NUE S 89"35'09" W. ALONG THE SOUTH LINE OF THE WEST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30, FOR A DISTANCE OF 300.39 TO THE SOUTHWEST CORNER OF THE WEST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30; THENCE RUN N 02'32'29" If, ALONG THE WEST LINE OF THE WEST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30, FOR A. DISTANCE OF 874.13 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF FLORIDA STATE ROAD NO. 93 (/-'75) AS THE SAME IS SHOWN ON THE STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP FOR STA TE ROAD NO. 93 (1-75), COLLIER COUNTY, S£C770N 03175-2401, SHEET 3, LAST REVISED 6-26-73,' THENCE RUN N 12"47'4{]" E,' ALONG SAID SOUTHEASTERL Y RIGHT-OF-WA Y LINE, FOR A DISTANCE OF 108.10 FEET; THENCE RUN N 51'33'4{]" E, ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 334.17 FEET.' THENCE RUN N 86"54'14" E, ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 0,57 FEET TO A POINT 30.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE WEST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30; THENCE RUN S 02'33'24" E, PARALLEL 'tATH THE EAST LINE OF THE WEST ~ OF THE Kf'"ST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30, FOR A DISTANCE OF 1,185.47 FEET TO THE POINT OF BEGINNING. AATn JOB CODE: CWZ DRAWN BY: s.B. SHEET. 4 OF 8 FILE I: 30-48-26 q. GRADY},{J}{OR ANJ) ASSOCIATES, P.A EXHIBIT JIGJI - LEGAL DESCRIPTION ClYIL ENGINEERS - LA.NJ) SURVEYORS- PLANNERS A PORTION OF 3800 Y.lA DEL REY SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, BONITA SPRINGs, FLORIDA 34134 NAPLES. COLLIER COUNTY. FLORIDA PHONE: (941) 947-1144 FAX: (94fk947-0375 DATE: DECEMBER 2003 DRA WING: C-1778-1 CERTIFICATE OF AUTHORIZATION NUJIB LB 6151 - "._~"_. .."-~",.._-"".~~.-...<-. " -"~_..__._--."^ 88 - EXHlBI1': G PAHC.E£ II' A PARCEL OF LAND LDCA TED IN THE EAST ~ OF THE NORTHWEST ~ OF THE NORTHEAST i OF SECTION 30, TOWNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 3 OF BRENTWOOD ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 38 A T PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE EAST LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SECTION 30, TOWNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S 02"34'19u E, ALONG THE BOUNDARY OF SAID BRENTWOOD AND ALONG THE EAST LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30. FOR A DISTANCE OF 1,142.33 FEET TO THE SOUTHEAST CORNER OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30; THENCE RUN S 89"35'09" ~ ALONG THE SOUTH LINE OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30. FOR A DISTANCE OF 660.82 FEET TO THE SOUTHEAST COI(NER OF THE NORTHWEST ~ OF THE NORTHEAST i OF SAID SECTlON 30.' THENCE RUN N 02"32'29" W, ALONG THE EAST LINE OF THE NORTHWESTi OF THE NORTHEAST ~ OF SAID SECTION 30, FOR A DISTANCE OF 661.74 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST ~ OF NORTHWEST ~ OF THE NORTHEAST ~ OF SAID SECTION 30 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 89"34'53u W, ALONG THE SOUTH LINE OF THE NORTHEAST ~ OF THE NORTHWEST ~ THE NORTHEAST i OF SAID SECTTON 30, FOR A DISTANCE OF 55.08 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF FLORIDA STATE ROAD NO. 93 (1-75) AS ll-IE SAME /S SHOWN ON THE STATE OF FLORIDA STATE ROAD DEPARTMENT RICHT-OF-WA Y MAP FOR STATE ROAD NO. 93 (1-75), COLLIER COUNTY, SECTION 03/75-2401, SHEET 3, LAST REVISED 6-26-73,' THENCE RUN N 12'47'45" E. ALONG SAID SOUTHEASTERLY RICHT-OF-WA Y LINE, FOR A DISTANCE OF 211.85 FEET TO i4 PO/NT ON THE EAST LINE OF THE NORTHEAST ~ OF THE NORTHWEST ~ OF THE NORTHEAST ~ OF SAID SECTlON 30; THENCE RUN S 02"32'29" E. ALONG THE EAST LINE OF THE NORTHEAST ~ OF THE NORTHWEST i OF THE NORTHEAST ~ OF SAID SECTION 30, FOR A DISTANCE OF 205.39 FEET TO THE POIN T OF BE:GINNING. JOB COJJE: cn DRAIYN BY: s.e. SHEET: 5 OF 8 FILE ¡.. 30-48-26 r¡ CRADY MINOR ANlJ ASSOCIATES, P.A EXHIBIT Jle" - LEGAL DESCRIPTION CIVIL ENGINEERS· LAND SURVEYORS. PLANNERS A PORTION OF 3800 VIA DEL REY SECTION 30, 1'0 WNSHlP .f.8 SOllTH, RANGE 26 EAST, BONITA SPRINGS, FLORIDA 34134 NAPlJ3. COlJÆR COUNTY. i'lOR1JJA PHONE: (941) 94'1-1144 FAX: (941) 94'1-0375 DATE: DECEMBER 2003 DRA WING: C-1778-1 CERTIFICATE OF AUTHORIZATION NlJJlB1:R LB 5151 - EXHmIT: G AND PA.Hc.c.t, y A PARCEL OF LAND LOCA TED IN THE EAST ~ OF THE SOUTH ~ OF THE EAST ~ OF THE NORTHWEST ~ OF THE NORTHEAST ~ OF SECTlON 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 3 OF BRENTWOOD ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 38 A T PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, "THE SAME BEING A POINT ON THE EAST LINE OF THE EAST ~ OF "THE WEST ~ OF "THE NORTHEAST ~ OF THE NORTHEAST ~ OF SECllON 30, TOWNSHIP 48 SOUTH, RANCE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S 02'34'19" E. ALONG THE BOUNDARY OF SAID BRENTWOOD AND ALONG "THE EAST LINE OF THE EAST f OF THE WEST ~ OF "THE NORTHEAST ~ OF THE NOR"THEAST ~ OF SAID SECllON 30, FOR A DISTANCE OF 1,142,33 FEET TO THE SOU"THEAST CORNER OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF "THE NOR"THEAST ~ OF SAID SECTlON 30; THENCE RUN S 89"35'09" W. ALONG THE SOUTH UNE OF "THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30. FOR A DISTANCE OF 660.82 FEET TO THE SOUTHEAST CORNER OF "THE NOR"THWEST ~ OF THE NOR"THEAST ~ OF SAID SECTlON 30. AND THE POINT OF BEGINNING OF "THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONllNUE S 89"35'09" W. ALONG THE SOUTH LINE OF THE NORTHWEST ~ OF "THE NOR"THEAST ~ OF SAID SECllON 30, FOR A DISTANCE OF 192.68 FEET TO A POINT ON "THE SOUTHEASTERL Y RIGHT-OF-WAY LINE OF FLORIDA STATE ROAD NO, 93 ([-75), COLLIER COUNTY, SECTION 03175-2401, SHEET 3, LAST REVISED 6-26-73, THE SAME BEING A POINT ON A CIRCULAR CURVE. CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS S 85"58'50" E. A DISTANCE OF 3, 725. 72 FEET THEREFROM; "THENCE RUN NORTHEASTERL Y ALONG SAID SOU"THEASTERLY RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE TO "THE RIGHT. HAVING A RADIUS OF 3,725.72 FEET. THROUGH A CENTRAL OF 08'47'10: SUBTENDED BY A CHORD OF 570.76 FEET A T A BEARING OF N 08"24'45" E. FOR A DISTANCE OF 571.32 FEET TO THE END OF SAID CURVE; THENCE RUN N 12'47'46" E, ALONG SAID SOUTHEASTERL Y RIGHT-OF-WAY.LlNE, FOR A DISTANCE OF 106.08 FEET TO A POINT ON THE NORTH LINE OF "THE SOUTH ~ OF THE EAST ~ OF "THE EAST ~ OF "THE NORTHWEST ~ OF "THE NORTHEAST ~ OF SAID SECllON 30.' "THENCE RUN N 89"34'53" E, ALONG THE NORTH LINE OF THE SOU"TH ~ OF THE EAST ~ OF "THE EAST ~ OF "THE NOR"THWEST ~ OF THE NORTHEAST ~ OF SAID SECllON 30, FOR A DISTANCE OF 56,08 FEET TO THE NOR"THEAST CORNER OF "THE SOUTH ~ OF THE EAST ~ OF THE EAST ~ OF THE NORTHWEST ~ OF THE NORTHEAST ~ OF SAID SECTiON 30; THENCE RUN S 02"32'29" E, ALONG THE EAST LINE OF THE EAST ~ OF THE EAST ~ OF THE NORTHWEST ~ OF THE NORTHEAST ~ OF SAID SECllON 30, FOR A DISTANCE OF 667. 74 FEET TO THE POINT OF BEGINNING. LECAL DESCRIPTION (BRENTWOOD, PLAT BOOK 38, PAGES 33 AND 34) COMMENCE A T THE NORTHEAST CORNER OF SECTlON 30, TOWNSHIP 48 SOUTH, RANCE 26 EAST. COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 02"36'10· EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTfON 30. FOR A DISTANCE OF 111.03 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 02"36'10" EAST, ALONG SAID LINE, FOR A DfSTANCE OF 1,224.68 FEET; "THENCE RUN SOUTH 89"35'09" WEST. ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECT/ON 30, FOR A DISTANCE OF 660,82 FEET; THENCE RUN NORTH 02"34'19" Hf"ST, ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTfR OF THE NORTHEAST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 1,142.33 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 75 (ACCESS ROAD)(PARCEL f05.1-NDFAP); AS DESCRIBED fN OFFICIAL RECORDS BOOK 365 A T PAGE 408; THENCE RUN NORTH 86"54'14" EAST. ALONG SAfD LINE, FOR A DISTANCE OF 68.51 FEET; THENCE RUN NORTH 87'44'01" EAST. ALONG SAfD UNE, FOR A DISTANCE OF 99.57 FEET,' THENCE RUN NORTH 02'15'59" M"ST, ALONG SAID UNE, FOR A DfSTANCE OF 60.00 FEET TO A POINT ON THE SOUTHERL Y RfGHT-OF-WA Y LINE OF INTERSTATE 75 (PARCEL 105.1R), AS DESCRIBED IN OFFICIAL RECORDS BOOK 365 AT PAGE 408; THENCE RUN NORTH 87'44'01" EAST. ALONG SAID LINE, FOR A DISTANCE OF 491.25 FEET TO THE POINT OF BEGINNING; CONTAINING 18.162 ACRES, MORE OR LESS. JOB CODE' cn DRAWN BY: 8.0. SHEET: 6 OF 8 FILE /. 30-48-26 r;. GRA/JY MINOR AUf) ASSOCIATES, P.A EXHIBIT "e" - LEGAL DESCRIPTION CIVIL ENGINEERS· LAND SURVEYORS· PLANNERS A PORTION OF 3800 VIA DEL REY SECTION 30, TO WNSlllP 48 SOUTH, BANGE 26 EAST, BONITA SPRINGS, FLORIDA 34134 NAPLES. COLLIER COUNTY. FLORIDA PHONE; (941) 94'1-1144 FAX ~ 947-0375 DATE: DECEMBER 2003 DRA WING: C-1778-1 CERTlFICATE OF AUTHORIZATION 1l LB 5151 - ...~'-----...._-,- ----,~ ~._~. --... 88 EXHIBIT: C LEGAL DESCRIPTION (MAL/BU LAKE) A PORTION OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 3D, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N 02"36'10" W, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 3D, FOR A DISTANCE OF 30,02 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 89'35'43" W FOR A DISTANCE OF 787.19 FEET; THENCE RUN S 44'35'43" W FOR A DISTANCE OF 282.59 FEET; THENCE RUN S 89"35'43" W FOR A DISTANCE OF 613.90 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE NO. 75 (A VARIABLE WIDTH-LIMITED ACCESS RIGHT-OF-WAY); THENCE RUN THE FOLLOWING FOUR (4) COURSES AND DISTANCES ALONG SAID EASTERLY RIGHT-OF-WAY LINE; COURSE NO.1: N 00 '28'57" W, 170.00 FEET; COURSE NO.2: N 00"27'59" W, 784.05 FEET; COURSE NO.3: N 03'29'11" E, 519.65 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S 86'28'51" E, A DISTANCE OF 3725.72 FEET THEREFROM; COURSE NO.4: NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3725.72 FEET; THROUGH A CENTRAL ANGLE OF 00'29'26", SUBTENDED BY A CHORD OF 31.89 FEET AT A BEARING OF N 03'45'52" E, FOR AN ARC LENGTH OF 31.89 FEET TO THE END OF SAID CURVE; THENCE RUN N 89'35'09" E FOR A DISTANCE OF 1514,32 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30; THENCE RUN S 02'36'10" .E, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30, FOR A DISTANCE OF 1305.70 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRI8ED, CONTAINING 50.261 ACRES MORE OR LESS. LESS AND EXCEPT THAT PORTION CONVEYED TO WC! COMMUNITIES, INC. BY WARRANTY DEED RECORDED IN OFFICiAL RECORDS BOOK 2754, PAGE 2946, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRI8ED AS FOLLOWS: A PORTION OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 30. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE N 02"36'10" W, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 3D, FOR A DISTANCE OF 30.02 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 89'35' 43'" W FOR A DISTANCE OF 60.04 FEET; THENCE RUN N 02'36'10" W FOR A DISTANCE OF 1305.68 FEET; THENCE RUN N 89'35'09" E FOR A DISTANCE OF 60.04 FEET TO AN INTERSECTION wrTH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30; THENCE RUN S 02·36'10" E, ALONG EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 3D, FOR A DISTANCE OF 1305.70 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 1.798 ACRES MORE OR LESS JOB CODE: C1#'Z DRAWN BY: s.B. SHEET: 7 OF 8 FILE #: 30-48-26 r¡. GIWJY UINOR ANn ASSOCIATES, PA EXHIBIT )Ie) ,- LEGAL DESCRIPTION CIVIL ENGINEERS - LANJ) SURVEYORS- PLANNERS A PORTION 01' 3800 VIA DEL REY SECTION 30, 1'01fN8HlP 48 SOffTH, RANCE 28 EAST, BONITA SPRINGS, FLORIDA 34134 NAP. COlI1ER COUNTY. FLOBIOA PHONE: (941) 947-1144 FAX: (941) 947-0375 DATE: DECEMBER 2003 DBA WING: C-1778-1 CERTIFlCATE OF AUTHORIZATION NUJ/BER LB 5151 - EXIl/ß/T: G LEGAL DESCRIPTION (TARPON BAY, PLAT BOOK 36, PAGES 28-31) BEGIN A T THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA; THENCE RUN S 89"35'08" W, ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 30. FOR A DISTANCE OF 1287.09 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE NO. 75 (A VARIABLE WIDTH-LIMITED ACCESS RIGHT-OF-WA Y); THENCE RUN THE FOLLOWING THREE (3) COURSES AND DISTANCES ALONG SAID EASTERLY RIGHT-OF-WAY LINE; COURSE NO.1; N 19"02'16" W, 110.50 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCA VE NORTHEASTERL Y; COURSE NO.2; NORTHERLY. ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 7477.44 FEET; THROUGH A CENTRAL ANGLE OF 187 7'45~ SUBTENDED BY A CHORD OF 2377.58 FEET A T A BEARING OF N 09"37'18" W. FOR AN ARC LENGTH OF 2387. 71 FEET TO THE END OF SAID CURVE; COURSE NO.3; N 0078'57" W, 46.73 FEET; THENCE RUN N 89"35'43" E FOR A DISTANCE OF 613.90 FEET;' THENCE RUN N 44'35'43" E FOR A DISTANCE OF 282.59 FEET,' THENCE RUN N 89"35'43" E FOR A DISTANCE OF 727.15 FEET; THENCE RUN N 02'36'10" W FOR A DISTANCE OF 1305.68 FEET; THENCE RUN N 89"35'09" E FOR A DISTANCE OF 60.04 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30; THENCE RUN S 02"36'10" E. ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SEC770N 30, FOR A DISTANCE OF 1335.72 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SEC770N 30.' THENCE RUN S 02"34'39" E. ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 30, FOR A DISTANCE OF 2669.84 FEET TO THE POINT OF BEGINNING; CONTAINING 93,098 ACRES, MORE OR LESS. NOTES: ,. BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING N 89"34'36" £. 2. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND/OR RESTRICTIONS OF RECORD, 3. IMPROVEMENTS OTHER THAN THOSE SHOWN HA VE NOT BEEN LDCA TED. 4. DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. 5. THE FIELD WORK FOR THIS SURVEY WAS COMPLETED ON 12/02/03. 6. THIS LEGAL IS NOT COMPLETE WITHOUT SHEETS 1 THRU 8, 7. EASEMENTS WERE NOT SUPPLIED DURING THE CONDUCTING OF THIS SURVEY; THEREFORE THERE MA Y BE EASEMENTS ON THE AFOREMENTIONED PROPERTY WHICH ARE NOT CONTAINED HEREIN. , 8. OVERALL PARCEL AREAS; CRESTWOOD: 8,172 ACRES :t MOCAKE: 8.596 ACRES :t PARCEL IV: 0.133 ACRE :t PARCEL V: 2.054 ACRES :t : BRENTWOOD: 18,162 ACRES :t MALIBU LAKES; 48.461 ACRES :t TARPON BAY: 93.098 ACRES :t , OVERALL; 178.676 ACRES :t ~ : Q, GRADY MINOR AND ASSOClA rES, P.A. ~ SIGNED 17.. -9 - 04- J ~~ ' P,S.M. /6408 STA TE OF FLORIDA I JOB CODE: CWZ DRAWN BY: s.E. SHEET: 8 OF 8 FILE /. 30-48-26 ¡ Q. GRAJJY MINOR ANIJ ASSOCIATES, P.A EXHIBIT "G" - LEGAL DESCRIPTION CIVIL ENGINEERS - LAND SURVEYORS- PLANNERS A PORTION OF 3800 VIA DEL REY SECTION 30, TO fNSlDP 48 SOUTH, RANGE 26 EAST, BONITA SPRINGS, FLORIDA 34134 NAPLES. COLLIER COUNTY. lWBIDA ~- PHONE; (941) 947-1144 FAX; (941) 947-0375 DA TE- DECEMBER 2003 DRA WING: C-1778-1 CERTIFICATE OF AUTHORIZATION NUMBER LB 5151 c:; ..-_...---- "-,..,. '--'-- i ~ '" § l'1¡ I ¡ ~ I CI ... b , ~ ~ ~ ~ b~ f ~ÎJ i:Ij ~!.I i' s ~)! b ~R5J' _I ~ i ,f ! )I: ¡ ... .... '. Ii ¡ : ¡,lIb i¡¡¡lii! ~I Hi , f~ III, i I!¡ mUll, iff u~ , .bfiiiif Ii¡ Sj-;' . .§ s ~ ~ ~Iiif'" \. ~:!!' !~¡ !hiiÎI ............... ;~;Øl! ., )I b ~II!~ -' - -',\ ~. - ~ . ~'I '>i', . j ..'..., i I ~ 'i I~ ~1~),; b . i I :g I . -......-.... b_' ì ~I ! 'I ä I" "'ii J Ii , I ~~ :i'ul ii ¡¡- ...-...-...... _"_'H'__ iihi¡ ~! ilf i~.\,~.I<-~~t;1j.~'~~ '~"'." ~ II) If g ~ 'iii. iC:~';;~~:~;~~~~t;i:' , ; )II JI ; ,i II hb z Iii 6 ~ ;, '-, '.Yi· '!',:',fJt')/'ff,'" ~"'); ': :;,; '!<I',' it. .; I ,,1 :I! , d¡ 'moo .._........ ,r~g~~1 ~:. II I ! ,,= I hi)! ~ i u , I ~ 'U b ~ .~mr:~Hd ~ :~ ¡; , ij, ~ I . ........-... ....-... to......: c...... .... .... ... s:u... '" '" CO> §~ §~ ....... "''''' 8¡g .............. ~... ; ~m E~ 55} ;: CIí .-. " f tq ! .. , I ""'_M'" ....... -----='__~-~:::-~~:-:-~..-~=-:,:,~::~~;:fJ':;;I~:~::~2~~~~':i~~~~~~~i~ZL '\[~~J\6~~~;C;~~~~'~'" ll:~~~;-i=~' NOd~V 1 \SI ,a: OJd SDMP\:~ I B ~~¡ I ., ¡ ~ >, I I I ~II · ,~ ~ ~II i . :f I I ~ g f! ~I II I " II ¡_ J PI ¡!;r I. II" ~ II :¡ _'I~ ~I~t li~ffl _I ~.. II .. ..... ~:I g i -=======~~======- ii'~r It_ . . ... J --- I hi .... ,,,.-, ~ Þ~I III¡I f . I _.- r-II '.ŒIVY<l It ' "" .,....._..._,.,......-...... r-1lI 'I.CJIIP'cl w_.__ n ~-,.....,-...,. , .,..1/1..,..,..,...."" I ,~I . .. . ~ EI " t ~ 1111 .. : i .-",.."'.......,....... ..............., A dIrr, __ A 7.IIIIml 114 .tI,.~ !t !. :s r. 1,., I I:q ¡Prill 1& I.¡ · il i . I : I ",11111111,111'.11""1111111:111111. J O.D....... . 1IJIInl~'.~hll~!.i 1I~.!!!s," .)1111...... .0¡1..... " .-- ._~w.",o>.~.__,·_·· " -.- ____ ~:1 I ~a ~I f: (" I~ 1:'1 ~ ~Øl: «JJ1EII GtÆ" £mu I". ' /JR1/fJ." ; !f' ~ I'L4TBf1II(~_J5N1J· W" ... _ S --------~----------------------------- ~ ~ . ~ ~~b , __JC__ ¡ : e ! i I § h . .. ~ . ... .. .. ~ .. ~ .. " , I ::¡ ~ I _________ _1__ _________________ ___ ----- J "ønñI" r I :J ~ .. ~ .. ... ~ .. ;: ~ .. .. ,,¡l " .. .. " i I .'It _._.~.,_.- !!lIlt .It I H/,lDN.J1111'O ~ . 8 A lIB NOcIWJ ~ =, ""'a=.=r , 'i!11 A . "'" J:JY/ll <.'\J ~ ~I'I "- i ~fI ~ I I ~ ~I t: 1m I' i~ fvJ ~" 1:1 i "- u~ ~~'II 8". · ~~! ~lla à~ L "",8 ~ ~I il~t II; , "t- ii : i H ~In ~ ~~.i §t .. ~ )"N 3mG1 Þ" 01«& ÌÌ)~ -I~d ~ G~(r¡ ~ ¡;; JI: ~QO OQ 1:1 t:. <.:)~ I Lc) !i ... '-::;;:1- . ~ ëS° I "- Bi~ -1<: :r; S ~! , ct¡ ¡¡ ! ~ ~ : __ K<w:1WØIIW>:> ~"o¡ f3"'~ ~ ZII"099 ~~~ '"-- . !1 :I .60,9£',68 ~~,,- :Z£'"T ~ç I :I .60,!1r.68 N ~ I~ ~ ~ .777 'S<!i3NJHYo' ONn (JOQ/WßH8 ·;¡BN/(O !3~ ... (¡-.-œ s:/9Þ'o' br JIOO8 1 Þ'7o') ~ (JOO.JJ.tNælO ~ '"-- It: l:1 _8 , I ....A..,n_...J/Wr... .. -".~- -'"" _..,..,..~."_._... ,+-,~"- J ~~: 8 ~~ ~t¡~ ~ Ii ~tf ~ ~ i >-4 I J ~ sl: .. .. l i ,06'1:19 M .l:t,Sr.6i1 S i :!ff i ~ ,~ ~ ~II i ~ :~., m ?;"i .. i! n ¡,j e ~ f! ~& ~J f! ~ Wi- I M. I~ !I:I i ~:III 81 ~!S, I ¡jl ' ~ '3 <:aio~ I Q ~ ~ Q) IQ ~).. 8 fljl ~ 01 ~i ., I ~ ~ø 0 Ii ~ z '" ~ ... ~ Q l ~ ~J q) I I ~ I 81 l~ I ~ "'II ~5 >-4 I L...J -....J (3 <.i) ~- e oç-rgg h.. a <: , ¡ II:: f I Itl .. 111 . -z__ f \0 S ~I ~! I I· . j ~ ,& ~I ~ ·'1 IJill ~ '1 I~ I I a" ~, I I c:a¡.E I I I I I æ , I ~ I I 0) ~ I.J I I ~J /2 /I ,.. , ... - I - iii '".1 ;q æl~r , i :_1 , ~ ",7/Ilf::.lES :~ ¡i!i _I ~dild :i ' .. ,.. I I £.tJ£fTJlEa.r,AI"" i!l I· I 11111e. 2912 I I ... b¡ Ii! I/A/rJUo/C - SŒ SHEET 8 OF 9 .. . I I I I I I I I I I I I I ~ I I , I ~ ,:I " It i 16 1$ ,. I' " '. -, iii 1 I , I I ~ I , I I ;¡ 'HI' I I .. ........tJ.1I1Z _¡¡¡¡¡>¡¡;,.,,----td1C1----..J!!MI"--BÇJ.x-J , It4&. _ /w." ØIJ fill"'/#' II' ~ itr ~ ~ -,_._-,~,--- -'_.-.. --... -_._.~" -_._-,_.... -- r -... It ~ _u I! .. f/tU./U' IJHII'(»'AJII e i f ¡..I if , ~-- ~" , I 88 I II'" I I IIi I I I I . I IQ .. 1 I m~; .. I ~!il1 " I II ... i~ï I " '" I ,I ... 1- I I I 1 I I I SJnI:JrT I I $19M" :¡¡¡r ¡~ . I iiii""jjíii4"'.iI' .. IN T E R S ~~f.,.;.,J 5 ~ co JpiiI1d -" - 88 . - - ----- -- - - - .::;;;- - Ii) -ð>ì;u œ fiI II ;u:::l"C - }l ChIP 0 Ii) ci2f iSz -....------- 3- IP 0 II ~ ~~ ¡} œø . !!¡ <à ,..~ g OIQ. °i 0 :? Gritn CentBr _u. Ši¡r I I ~ I I I I I I I I I I I -------- I t Q fÎl --~- f __....u. ~ /- ~ -- a , v___.____~ _ _ _ __ -- .. - - -/11 "'·'fiT . 1~" ...-71' I ~ ;L:1":::...~",.o~~ :'~":. ---- -- ----- - ----- - --- - - ---- - exhibit "I" rdø~U_-~ SUITE 1100 Maßbu Lakes PUD INDIANAPOlIS. IN 48204 D P EN 317-677.æoo FAX 311-5T7~ 02/22/2005 08:47 FAX 3175777879 KITE CONST 14! 002 . 8ß r 88 1 ; DECLARATION OF DEVELOPl\ŒNT COMMITMENTS This Declaration of Development Commitments ("Ded~ration") is made and entered into this 215t day of February, 2005, by Brentwood Land Partners, LLC ("Developer") by and on behalf of itself and Target Corporation in favor of Oakes Estates Advisory, Inc. and Tarpon Bay Homeowners Association (col1ectively, the ,. A~~()(:l!!tions"). WITNESSETH: WHEREAS, Brentwood Land Partners, LLC and Target Corporation (collectively, the "Owners") are the owners of certain real estate located at the southeast comer of 1-75 and Immokalee Road in Naples, Florida (the "Real F.~tate"); and WHEREAS, Developer is planning to develop the Real Estate into a retail shopping center anchored by a Super Target store (the "Center"); and WHEREAS, Developer desires to make certain commitments to the Associations with - respect to the development of the Real Estate. NOW, THEREFORE, Developer hereby makes the following commitments to the Associations: 1. AssociatiollS' request to complete lmmokalee Road 6 lane wide/ring to SR 951 before allowing the Center to open for business. Developer's Commitment: The Developer willl10t open for public business any portion of the Center other than the existing AmSouth Bank before 03/01/06. However, building, training and stocking of businesses shall be pennitted, The Developer and Owners will request the Collier County Transportation Department to accelerate the funded design-build project for six lane widening of Immokalee Road east of 1-75. Developer will cooperate with the Collier County Transportation Department on a solution for congestion at the 1-75 and Irnmokalee Road Interchange. 2. Associatiolls' request that Target (Developer) provide the land needed to build the cloverleaf allowing access from eastboulld lmmokalee to northbound 1-75. Developer's Commitment: The Developer and Owners have revised their PUD document to restrict development on l,68 acres of the proposed Center to allow for the construction of an eastbound Immokalee Road to northbound 1-75 loop ramp. The proposed ramp is addressed in Section 5.9 "1-75 Ramp Improvements" ofthe Malibu Lakes PUD Amendment. Page 1 of 4 '".,-,~ ,_ __·"~<_.~_'_'''··4 ~._, --- "-,-- 02/22/2005 08:48 FAX 3175777879 KITE CONST 141003 -' r an .~ ·u 3. Associations' request to retain the existing traffic signal at Immokalee Road and Oakes Blvd. Developer's Commitment: This issue is beyond the Developer's control and must be addressed by Collier County. The Developer has no ability to address this issue. 4. Associations request to add a new right-in from lmmokalee Road into the Target shopping center (if permitted by the Florida Department of Transportation). Developer's Commitment: The Developer will petition Collier County and FDOT to permit a right-in from Imrnokalee Road into the Center. This access request shall be for right-in only. 5. Associations' request tha1 no widening or expansion of Tarpon Bay Blvd occur past the south property line of the Celtter. Developer's Commitment: The Developer has submitted Tarpon Bay Blvd. Road Improvement Plans showing additional right of way and travel lanes on Tarpon Bay Blvd. ftom Immokalee Road to the south property line of the shopping center. No additional road widening will take place by the Developer under the submitted plans. The Developer will work with Collier County to approve the plan limiting the road widening along Tarpon Bay Blvd to the north of the project's south property line. 6. Associa1ions' request that written and officially recorded restrictioltS on hours of operation, truck routes (prohibit Oakes Blvd.) and nature of busÌ1tess tenants. Developer's Commitment: The Developer and Owners will restrict the hours of operation of the Super Target and Junior Box Stores, defined as a single tenant over 10,000 SF. The hours of operation, defined as hours open to the public for business, shall be from 6:30 am to 12 pm (midnight) Monday-Sunday. Outlots shall have no restrictions. Deliveries for all Center tenants shall occur between the bours of 6:30 am and 10:00 pm Monday - Sunday. Developer shaH restrict delivery traffic to prohibit delivery traffic ftom using Tarpon Bay Boulevard south of the Center. 7. Associa1ions' request that no shopping center signage shall be located on Oakes Blvd. or Spanish Oakes. Developer's Commitment: The Owner and Developer will not install any Center signage on Oakes Blvd or Spanish Oakes Blvd. Page 2 of 4 --,--- ---------- .._--_..,- "'.......--.----... 02/22/2005 08:48 FAX 3175777879 KITE CONST [4J 004 - ~R ' .~ 8. Associations' request to provide upgraded sizes of landscaping. Developer's Commitment: Developer will commit to install larger landscape in the required landscape buffer yards along Immokalee Road and Tarpon Bay Blvd. The Developer will install required canopy trees at 14ft to 16ft in height along the Irnmokalee Road and Tarpon Bay Blvd. The Developer has added this commitment to Section 4,4 Development Standards Letter cT' in the PUD document. 9. Associations' request that Target (Developer) to pay to relocate the Tarpon BaylMalibu Lakes sign from its current location. Developer's Commitment: The Developer will commit to leave the existing Tarpon Bay/Malibu Lakes sign at the existing location in the Tarpon Bay Blvd. median, 10. Associations' request that the County to support the reclassification of Oakes Blvd as a residential road with 35 MPH speed limit. Developer's Commitment: This is a County issue. The Owners and Developer have no position on the Oakes Estates Advisory Inc. 's request to reclassify Oakes Blvd. as a residential road. 11. Associations' request that Target (Developer) or the County fund traffic calming on Tarpon Bay Blvd and Oakes Blvd. Developer's Commitment: Developer will request the Collier County Transportation Department review the intersection of Tarpon Bay Blvd and the Malibu Lakes Apartment Complex drive for a stop sign warrant. Provided the warrant conditions are met and approved by Collier County, the Developer shall install stop signs at the intersection prior to the opening of the Center. 12. Associations' request that Target (Developer) or the County to provide additional traffic calming at the neighborhood park on Spanish Oakes. Developer's Commitment: Developer will provide $5,000 toward the installation of a crosswalk and flashing indicator signage for a pedestrian crossing at one location on Spanish Oakes Blvd. The proposed crosswalk must be approved within (2) years of PUD approval. The crosswalk. location and signage will be subject to the approval of the CoUier County Transportation Department. Page 3 of 4 .'., .~,..,. . ,.--'-' .~_.- 02/22/2005 08:48 FAX 3175777879 KITE CONST !4I005 8B 13. Associations' request tlaat no additional bridges shall be constructed over the existing canal that will connect Tarpon Bay Blvd. And Oakes Blvd. Developer's Commitment: The Owners and Developer will not request the construction of any new bridge over the canal east of Tarpon Bay Blvd. 14. Associations' request, if required at any time Ï1. the future, Target (Developer) to fund a new light at Oakes Blvd. And Spanish Oakes LaIJe. Developer's Commitment: The Owners and Developer will fund its proportionate share of the installation of a traffic signal at this intersection if traffic from the Center creates the need for a signal and provided that installation occurs within (5) five years of the approval of the PUD ordinance. Developer has perfonned a Traffic Impact Study that models the proposed Center that does not warrant a signal be installed at this intersection. 15. Associations request that Target (Developer) to provide a bufferlbarrier to shield Oakes Estates residents across the canal from headlights as patrons leave the shopping center parking lot. Developer's Commitment: The Owners and Developer will install and or maintain a continuous landscape barrier similar to shrub or hedge row along the east right of way of Tarpon Bay Blvd. to provide screening from traffic. IN WITNESS WHEREOF, Brentwood Land Partners, LLC has executed and delivered this Declaration of Development Commitments as of the day and year first written above. BRENTWOOD LAND PARTNERS, LLC, :: ~c limitoo liOOi~ ty Paul W. Kite, member Page 4 of 4 ----. ----"" -"-"-- _..-.... 88 '<- February 2, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ-A-2003-AR-5168, Malibu Lakes PUD Dear Legals: Please advertise the above referenced notice on Sunday, February 6, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you, Sincerely, Ann Jennejohn Deputy Clerk P.O.lAccount # 113-138312-649110 _·.._._m."...._.._.._____·,,···_·__ ~._._._.~_"..._""".,.____~___o_ -...-..--- 88 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, February 22, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, 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(S)NUMBERED 8630N AND 8630S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL AND THREE "PUD" ZONING DISTRICTS TO ONE "MPUD" , MIXED USE PLANNED UNIT DEVELOPMENT KNOWN AS MALIBU LAKE MPUD, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (SR-846) ADJACENT TO AND EAST OF THE INTERSTATE 75 RIGHT-OF-WAY AND WEST OF TARPON BAY BOULEVARD, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 178,6 +/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-49, MALIBU LAKE PUD, ORDINANCE NUMBER 99-89, BRENTWOOD PUD, AND ORDINANCE NUMBER 90-7, CRESTWOOD PUD¡ AND BY PROVIDING AN EFFECTIVE DATE. PUDZ-A-2003-AR-5168, Brentwood Land Partners, LLC, represented by D. Wayne Arnold of Q.Grady Minor & Associates, P.A, , requesting a rezone from "A" Rural Agricultural and the "PUD" Planned Unit Development Zoning District to a new PUD known as Malibu Lakes PUD for the purpose of adding approximately 3-acres of "A" Rural Agricultural Zoned land along with the Brentwood and Crestwood PUD's to the commercial areas of the Malibu Lakes PUD. The proposed 178.5 acre Malibu Lakes PUD permits 330,000 square feet of commercial space, while retaining the currently approved maximum of 708 residential dwelling units. The property is located on the south side of Immokalee Road, adjacent to and east of the interstate 75 right-of- way (unincorporated Collier County) , Florida and west of Tarpon Bay Boulevard, in Section 30, Township 48 South, Range 26 East, consisting of 175.67+/- acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard, NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on _..--"'---~-_....... ._-- 88 behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item, Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E, BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) 0__ ,', ......_._"~"_A__~.__,___~_~_'~_··,~ -'--- 'Gouiity-of-Gøl1ier 8 B ~ .--.... \ CLERK OF THE CtRCúIT COURT _~ · COLLIERCO~~~USE DWight E. Brock 3301',TAMIAMI Ii. EÆ T Clerk of Courts Clerk of Courts . P.O. BOX 4 ~4\ Accoun~ant NAPLES, FLORIDA~IOI-3d44 AudItor (. i Custodian of County Funds ."t-. I F b ~M e ruary 2, 2005 -!~'~:. / ,'),--;., D. Wayne Arnold Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Re: Notice of Public Hearing to consider Petition PUDZ-A-2003-AR-5168, Malibu Lakes PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 22, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 6, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ ~ 0.( . Ann Jennej Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.collier.fl.us Email: collierclerk@clerk.collier.fl.us _.^._-",;-,._,~ ' -.-..,,---.-..- ---~..- --~-..;._--.- ·CouptY:~9f Collier 88 CLERK OF THE CIRCUIT COURT - Dwight E. Brock COLLIER COUNTY COURTHOUSE Clerk of Courts 330 i T AMIAMI TRAIL EAST Clerk of Courts . P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101-3044 Auditor ., Custodian of County Funds February 2,2005 Brentwood Land Partners, LLC 30 South Meridian Street, Ste. 2200 Indianapolis, IN 46202 Re: Notice of Public Hearing to consider Petition PUDZ-A-2003-AR-5168, Malibu Lakes PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 22, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 6, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Lluct ~OC. Ann Jennej , Deputy Clerk Enclosure Phone-(239)732-2646 Fax- (239) 775-2755 W ebsite- www.clerk.collier.fl.us Email- collierclerk@clerk.collier.fl.us ~~.,-- ~~...~ ----,..- Ann P. Jennejohn 88 To: Legals (E-mail) Subject: PUDZ-A-2003-5168 Malibu Lakes PUD Good Morni ng! Please advertise the attached on Sunday, February 6, 2005. ~ ~ PUDZ-A-2003-AR-S PUDZ-A-2003-AR-S Thank you, 168,doc 168,doc Ann Minutes & Records 774-8406 1 Ann P. Jennejohn 88 From: postmaster@clerk.collier.fl,us Sent: Wednesday, February 02,20059:31 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) I~ - [2] " / ATT57039,txt PUDZ-A-2003-5168 Malibu Lakes,", This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 .,.--- Ann P. Jennejohn 88 From: System Administrator [postmaster@naplesnews,com] Sent: Wednesday, February 02, 2005 9:28 AM To: Ann P. Jennejohn Subject: Delivered: PUDZ-A-2003-5168 Malibu Lakes PUD [J - PUDZ-A-2003-S 168 Malibu Lakes '"' «PUDZ-A-2003-5168 Malibu Lakes PUD» Your message To: Legals (E-mail) Subject: PUDZ-A-2003-5168 Malibu Lakes PUD Sent: Wed, 2 Feb 2005 09:30:52 -0500 was delivered to the following recipient(s): legals on Wed, 2 Feb 2005 09:28:18 -0500 1 -"^.._...."~".,,._.".,. '-'-~.~,-~-~,,~»-_...~~~. "..~... -.... --'-,,----_..._..~ PUDZ-A-2003-5168 Malibu Lakes PUD Page 1 of 1 88 Ann P. Jennejohn ~_._-<._---~~~-<~-~~----- From: Perrell, Pamela [paperrell@naplesnews,com] Sent: Wednesday, February 02, 20059:34 AM To: Ann P. Jennejohn Subject: RE: PUDZ-A-2003-5168 Malibu Lakes PUD OK -----Original Message----- From: Ann P. Jennejohn [mailto:AnnJennejohn@clerk.collier.fl.us] Sent: Wednesday, February 02, 2005 9:31 AM To: Legals (E-mail) Subject: PUDZ-A-2003-5168 Malibu Lakes PUD Good Morning! Please advertise the attached on Sunday, February 6, 2005. Thank you, «PUDZ-A-2003-AR-5168.doc» «PUDZ-A-2003-AR-5168.doc» Ann Minutes & Records 774-8406 2/2/2005 . ,.,. -<'_"'~'~_' -------- ·.' ~ PUDZ·A-2003-AR·.SI68, Brentwood Land Part- ners. LLC, represented =5168 by D. Wayne Arnold of Naples Daily News . .... ENTTO Q.Gr Minor & Associ- Naples FL 34102 CONSI R INANCE ates~.A.. req.ue~lngal. , . rezone from A Rur Nottce IMG. hereby given Agricultural and the " " ... Y. F'E "PUD" Planned Unit De' Aff1dav1t of Publ1cat1on that QII ..' . 8bnJ. velopment Zoning Dls- Naples Daily News . 1~~r~~òo~"lrdl~IJ~~ t~~~n t~ ~a?t;: ":~e~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - -I =~~,..= ~~dI~N:- - - - - - :~~IJ:rJ~~o~~~:r ~ ment Center. 3301 rut acres of "A" Rural lYgrl- Tam ami Trail. Naples. cultural Zoned land Florida. the Board of along with the Brent- BOARD OF COUNTY COMMISSIONERS ;v,r':lns1~,¥~sl:.:c't! ~Jlf.: t~nt~e Cc"o~=Y~ CHERI LEFARA ment of a County Ordl· areas of the Mallbu nance. Themeetl~ will Lakes PUD. The pro- PO BOX 413016 commence at 9:00 A.M. posed 178.5 acre Màllbu NAPLES FL 34101-3016 The title of the pro- Lakes PUD permits . pond OrdlMnce Is as 330.000 square feet of foHows: commercial space. while retaining the cur· AN ORDINANCE OF THi rently approved maxi. BOARD OF.. COUNTY mum of 70S residential COMMISSIONERS \ dwelling units. The REFERENCE: 001230 490144610649100 I ~~ENDJ:4::f.':I~N¡1 r~~~%\h ~~~,t~m~~ 58980901 NOTICE OF INTENT TO ..ED.W£... COLL.IEA kalee Road. adlacelnt to NTYLANÞ DEVELOP· and east of the nter- CODE, . WHICH IN· state 75 rlght·of-way (u- State of Florida CLUDES THE COMPRE. nlnçorporated COllleJ County of Coll1' er HiNSIV11;. ZONING REQU· countY)f' TFlorlda aana LATIONS FOR THE UNIN- west 0 arpon ,y Before the undersigned authority, personally CORPORATEO AREA OF BouleVardhl. In4SeS ctslOnt3ho. d B L mb h th h t h COLLIER COUNTY. Towns p ou. appear~ . a , w 0 on oa says t a s e serves FLORIDA. BY AMENDING Range 26 East. consls- as Ass1stant Corporate Secretary of the Naples THE. OFFIC.IAL ZONING tlng0f175,67+/.-acres. '1 d '1 bl' h d 1 ATLAS M'AP(S)~- Da1 y News, a a1 y newspaper pu 1S e at Nap es, =ERED 8630N AND Copies of the proposed in Collier County, Florida: that the attached BY CHANGING THE oröhlnathnceClarek 0tno ftlhlee f d " bl' h d' , d ~. K:ATION wit e er copy 0 a vert1s1ng ~as pu 1S e ln sa1 \ ¿ ,I;.. UJIt'.'.'tt'" Board. and are available newspaper on dates llsted. . dtt'-D REAL Pitòp£R. for Ins~on, Allln~:ï Aff~ant further says t~at the said Napl~s Da~ly ~~~rA~~~ g~~~=b~ewd. News 1S a newspaper publlshed at Naples, ln sald "PUD" ZONING 01$- All swish Collier County, Florida, and that ~he said ~~'in T8s~'(:~~rl r~:Eio sp~e¡~o~n anÝ newspaper has heretofore been cont1nuously UNIT DEVELOPMENT a~hl~~ ~4a:~3: published in said Collier County, Florida, each KN~'t~CSFO~AJ-J3pU ~rn¡:tratoreørlg~to pre- day and has been entered as second class mail k~ LOCAtED ON THË sentat~onboft~-¡¡~~"e~ matter at the post office in Naples, in said SOU¡~ ~tfIDors~M:1~) :~~Tvld~al ~p~akers wlli\ Collier County, Florida, for a period of 1 year KALAC;ENT TO Atm.9E be limited to ~I~~I~~~II next preceding the first publication of the 'TMEtN~~rÄ"ltlõ ~nanJf ~~"tndlvldual to, attached copy of advertisement; and affiantR'rf.ftG.. "TTÕ~):A¡¡:.~Y. ..11~ speak I 0tnl beha,lfroOufpal~; f h th h h ' h 'd WI. ON organza on or I urt er says at seas ne1 t er pal nor LlVARD. IN· . .1 encouraged, I recog. promised any person firm or corporation any 3 . TOWNSHIP¡48 nlzed by the Chairman. , ' , , SOUTH. RANGE 26 EAST. a spokesperson for a d1scount, rebate, commlSSlon or refund for the COLLIER C.OUNTYd group or organlzatloll purpose of securing this advertisement for ,FI.ORIDAJ CONSISTIN may be allotted 10 min. bl ' , , h ' d Of' 17S.11 +/. ACRES: utes to speak. on an, pu 1ct1on 1n t e sal newspaper. PROVIDING FOR THE RE· Item PEAL OF ORDINANCE . / "UMIER ""49..· , Persons wishing to PUBLISHED ON: 02 06 LAI<E PUD. ORDINA .. have written or II.raphlc MUNIER 9.9,89. MIN,· materials included Ikn WOQØ PUo. AND 0101- the Board agenda pac - HANCE NUMIER 90-7; ets must submit said CRESTWOOD PUD;AHO material a minimum of 3 BY PROVIDING AN EF- weeks prior to the re- FECTIVE DATE. spectlve pUblic hearing. In any case, written ma- AD SPACE: 104.000 INCH ~~~~r~tebnd~~ ~~ FILED ON: 02/07/05 shall be sutmltted to the appropriate County - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - - - - - staff a minimum of sev- -4- ----r en days prior to the , , publiC hearing. All ma- Slgnature of Afflant . 7 terlal used In presenta- d ( /J tlons before the Board Sworn to and Subsc:Übed before me this 7~ day. of /--2ffi- 20D.5 ~J~~:~~r:e~:d~a' 1 X ft' J!. -: Any person who decides Persona ly known by me ,., ,,<R/ C,\ d.. to appeal a decision of the SOard will need a re- cord of the proceedings pertal n I ng thereto and therefore. may need to ensure that a verbatim record of the proceed- Ings Is made. which re- cord Includes the testi- mony and evidence upon which the appeal ,,0',,, .' 't '1 . Is based. "-;"~::"::'¿/è' I,orrle.! t,lIsnong I ~~y {: ..';~'.\ f¡1v COMMiSSION # DD23.4689 EXPIRES ~~J¡~sI8J~ ou NT Y ·"c~:.,Jt,.~:-" July 24, 200ï CO L LIE R CO U N TV. '~)' ;;¡-~~~~';,., , ,'IPII ¡pw i:\!~ IW' reMit· FLROERDIDW" COYLE CHAIR- ',' ,...., F , . MAN DWIGHT E. BROCK. CLERK ~. Ann JenneJohn. Pep- Clerk (S L) Feb. 6 No. 930583 -,,'"-.------.- --"...".....~--_..._- -~~.,..- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 88 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office, The completed routing slip and original documents are to be fOlwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 0ti/}1eIr ¡J ;(' c úl. d'l) f < //chr; //-) v7Þ/C dd-é ç .-- c) 2. \ I 1 3. ~,,' 4. / ~, ""'. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing ¡nfonnation. All original documents needing the Bee ehainnan's signature are to be delivered to the Bee office only after the BCC has acted to approve the item. Name of Primary Staff Michael J. DeRuntz, CF.M Phone Number 403-2416 Contact Princi al Planner Agenda Date Item was February 22, 2005 Agenda Item Number 8 A roved b the BCC Type of Document Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate, (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be ~JL signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possiblv State Officials.) 2, All handwritten strike-through and revisions have been initialed by the County Attorney's IUl4 Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the :~) [- document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ?;;L signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. )}1- Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! I: Fonnsl County Fonnsl BCC Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05 "_"_""'_^O' 88 MEMORANDUM Date: March 9, 2005 To: Larry Lawrence Property Appraiser From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Ordinance No.: 2005-10 Community School of Naples Rezone Enclosed please find one (1) copy of the document as referenced above, (Agenda Item #88), as approved by the Board of County Commissioners on February 22, 2005. If you should have any questions, please call me at 732-2646 ext. 7240. Thank you. Enclosure ,--- --"-,"- 88 MEMORANDUM Date: March 9, 2005 To: Michael DeRuntz, Principal Planner Planning Services From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Ordinance 2005-10 PU DZ-A-2003-AR-5168 Enclosed please find one (1) copy of the validated Ordinance 2005-10 as referenced above (Agenda Item #88), as approved by the Board of County Commissioners on Tuesday, February 22, 2005. If you should have any questions, please call me at 732-2646 ext. 7240 Thank you. Enclosures -¥'."- -_._- -,- 88 ORDINANCE NO. 05-10 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, 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(S) NUMBERED 8630N AND 8630S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL AND THREE "PUD" ZONING DISTRICTS TO ONE "MPUD" MIXED USE PLANNED UNIT DEVELOPMENT KNOWN AS MALIBU LAKE MPUD, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (SR-846), ADJACENT TO AND EAST OF THE INTERSTATE 75 RIGHT-OF-WAY AND WEST OF TARPON BAY BOULEV ARD, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 178.6 ± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-49, MALIBU LAKE PUD, ORDINANCE NUMBER 99-89, BRENTWOOD PUD, AND ORDINANCE NUMBER 90-7, CRESTWOOD PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold of Q. Grady Minor and Associates, representing Brentwood Land Partners, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property pertaining to Petition PUDZ-2003-AR- 5168. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 30, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural and three "PUD" Zoning Districts to one "MPUD" Mixed Use Planned Unit Development District in accordance with the MPUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Maps numbered 8630N and 8630S, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 99-49, known as the Malibu Lake PUD, adopted on June 22, 1999 by the Board of County Commissioners of Collier County; Ordinance Number 99-89, known as the Page 1 of2 88 Brentwood PUD, adopted on December 14, 1999, by the Board of County Commissioners of Collier County, and Ordinance Number 90-7, known as Crestwood PUD, adopted on January 23, 1990, by the Board of County Commissioners of Collier County are hereby repealed in their entirety and replaced with the forgoing regulations. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County , rJ -,- ' ') " , Commissioners of Collier County, Florida, this J" day of /' ¿ ¡; (y' r "1' 2005. ATTEST:. l':"'J, . BOARD OF COUNTY COMMMsIONERS DWIQ:mit .E:BROC¥"CLERK COLLIER COUNTY, FLORIDA .f;? ..." '. ~ ~ ~;.;; . '-1~ A W. ~ BY: "t1-J.4L \ \ -. .., FRED W. COYLE, CHA AN '(-¡.::;)t..~,,~, · Approved 'å-s tC£~aûd Legal Sufficiency ~Marjorie M. tudent Assistant County Attorney PUDZ-2003-AR-5168/MJD/sp ` Page 2 of2 88 MALIBU LAKE MPUD A MIXED USE PLANNED UNIT DEVELOPMENT PREPARED FOR: KITE DEVELOPMENT 30 SOUTH MERIDIAN STREET, SUITE 1100 INDIANAPOLIS, IN 46204 PREPARED BY: Q. GRADY MINOR & ASSOCIATES, INC. 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 AND RICHARD D. YOVANOVICH GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 N. TAMIAMI TRAIL, SUITE 300 NAPLES, FLORIDA 34103 EXHIBIT "A" DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC - 2/22/2005 ORDINANCE NUMBER- 2005-10 G:\DeRuntz\AR-5168 Malibu Lake PUDZ\2-24-05 pud (clean).doc .- ,.-- ..-. --, ._-_.~-- 88 ~ TABLE OF CONTENTS PAGE TABLE OF CONTENTS I LIST OF EXHIBITS ii STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1-1 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2-1 SECTION III RESIDENTIAL AREAS PLAN 3-1 SECTION IV COMMERCIAL 4-1 SECTION V DEVELOPMENT COMMITMENTS 5-1 i --_.~'- 88 LIST OF EXHIBITS EXHIBIT "A" CONCEPTUAL MASTER AND WATER MANAGEMENT PLAN EXHIBIT "B" DIRECTORY SIGNAGE EXHIBIT "C" DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING EXHIBIT "0" DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING EXHIBIT "E" DEPICTION OF PROJECT ENTRY SIGN EXHIBIT "F" DEPICTION OF PROJECT ENTRY SIGN EXHIBIT "G" LEGAL DESCRIPTION EXHIBIT "H" BOUNDARY SURVEY EXHIBIT "I" PROPOSED 1-75 RAMP RIW EXHIBIT "J" DECLARATION OF DEVELOPMENT COMMITMENTS 11 ..-.- 8E STATEMENT OF COMPLIANCE The development of approximately 178,6 ± acres of property in Collier County, as a Mixed Used Planned Unit Development to be known as the Malibu Lake MPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial and residential facilities of the Malibu Lake MPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The commercial portion of the subject property is within the Interchange Activity Center Subdistrict Land Use Designation as identified on the Future Land Use Map, as described in the Activity Center Sub-District of the Urban - Commercial District in the Future Land Use Element. The Future Land Use Element permits a full array of commercial land uses in this area. 2. The subject property is located on the southern side of Immokalee Road, in the southeastern quadrant of 1-75. This location allows the commercial site area access for the location of highway interchange land uses, as permitted by the Future Land Use Element and access to a signalized intersection at Tarpon Bay Boulevard. 3. The subject project has access onto Immokalee Road at a signalized intersection. This access point is a designated access point on the Collier County Access Management Plan, as described in Policy 4.6 of the Future Land Use Element. 4. The residential portion of 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. 5. The residential project area is located within the Residential Density Band around the Interstate 75 - Immokalee Road (C.R. 846) Activity Center, as described within the Density Rating System of the Future Land Use Element. 6. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 7. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objectives 2 and 3 of the Future Land Use Element. iii .,-,- 88 8. The projected density of 5.00 dwelling units per acre on the residential portion of the subject MPUD is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density 4 dwelling units/acre Activity Center Density Band +3 dwellinq units/acre Maximum Permitted Density 7 dwelling units/acre 9, All final local development orders for this project are subject to Chapter 6 and Chapter 10, Adequate Public Facilities, of the Collier County Land Development Code. iv ._.^-"...~ ~'- i 88 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Malibu Lake MPUD. 1.2 LEGAL DESCRIPTION The subject property being 178.6± acres, located in Section 30, Township 48 South, and Range 26 East, with the legal descriptions provided as Exhibit "G". 1.3 PROPERTY OWNERSHIP The subject property is owned by: Brentwood Land Partners, LLC 30 South Meridian Street Suite 1100 Indianapolis, IN 46202 Target Corporation 1000 Nicollet Mall TPN-12D Minneapolis, MN 55403 AmSouth Properties Department 3000 Riverchase Galleria #1600 Birmingham, AL 35244-2372 PR VI, LLC 350 North La Salle Drive Suite 1100 Chicago, IL 60610-4726 WCI Communities, Inc. 24301 Walden Center Drive Bonita Springs, FL 34134-4920 1-1 --"--" --"- I 88 1,4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the south side of Immokalee Road, adjacent to and east of the Interstate 75 right-of-way (unincorporated Collier County), Florida. B. The northern 37.1± acres of the subject property are designated for commercial land uses and includes lands zoned Crestwood PUD, Malibu Lake PUD, Brentwood PUD, and approximately 3 ± acres of A, Agricultural zoned land. The southern 141.5± acres of the subject property are designated for residential development. At the time of this rezoning approximately 1± acre of commercial development has been constructed. Approximately 708 residential units have been constructed. C. At the time of this rezoning the subject property was zoned A, Agricultural and PUD (Crestwood PUD, Brentwood PUD, and Malibu Lake PUD). 1.5 PHYSICAL DESCRIPTION The project site is located within the 1-75 Canal Drainage Basin according to the Collier County Drainage Atlas. The proposed out-fall for the project is the existing canal along the eastern property line. Natural ground elevation is approximately 10.2 to 13,9 NGVD, The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system for the project proposes the construction of a perimeter berm with crest elevation set at the 25-year, 3-day flood stage. Water quality pretreatment is proposed for the on-site lake system prior to discharge to the existing canal, located along the eastern MPUD boundary, Utilization of the wetlands for discharge (no storage) of the design storm improvements is included as part of the design. Discharging into the wetland preserve areas will improve the hydro-period. Per Collier County Soil Legend, dated 1998, there are four types of soil found within the limits of the property: #2 - Holopaw Fine Sand, Limestone Substratum #11 - Hallandale Fine Sand #14 - Pineda Fine Sand I Limestone Substratum #21 - Boca Fine Sand The site vegetation on the undeveloped portions of the project consist mainly of pine flatwoods and cypress/cabbage palm wetlands. The site has been 1-2 -.'.'- 88 extensively invaded by exotics (i.e. Melaleuca and Brazilian Pepper). Approximately 140 acres have been developed with commercial and residential uses. 1,6 PROJECT DESCRIPTION The Malibu Lake MPUD is a mixed-use project comprised of 37.1 ± acres of commercial land uses on the northern 1200 feet of the subject site and the southern 3950 feet of the site is designated for a maximum of 708 residential units on the remaining 141.56 acres. More specifically the residential portion of the mixed use PUD is comprised of: the 48.1-acre northern residential area, a 49.1-acre middle residential area, and a 44.36-acre southern residential area The residential units are developed as a variety of residential dwelling types, An approximate 10-acre tract within the northern residential area may be developed as an adult living facility or nursing home, with approval of a conditional use petition. For each acre allocated for development as an adult living facility or nursing home, a minimum of 5.00 units shall be subtracted from the 708 residential units permitted within this PUD, Recreational facilities will be provided in conjunction with the dwelling units. The commercial and residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture themes, quality screening/buffering, and native vegetation, whenever feasible. 1,7 SHORT TITLE This Ordinance shall be known and cited as the "Malibu Lake Mixed Use Planned Unit Development Ordinance". 1-3 -",," ,---- 88 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Malibu Lake MPUD shall be in accordance with the contents of this Document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and preliminary work authorization, Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. 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 time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Malibu Lake MPUD shall become part of the regulations which govern the manner in which the MPUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this MPUD 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 Chapter 6 and Chapter 10, Adequate Public Facilities of the Collier County Land Development Code. 2-1 ..- ----^- 88 2,3 DESCRIPTION OF PROJECT DENSITY AND INTENSITY OF LAND USES A maximum of 708 dwelling units shall be constructed in the residential areas of the project. The gross project area within the residential areas is 141 ,56± acres. The gross project density shall be a maximum of 5.00 units per acre. Unless ownership of all residential parcels (Parcels "B" through "M") is consolidated, Parcels "B" through "M" as described on Exhibit "G" of this Document shall be prorated residential units based on the percentage of their respective acreage to the 141.56± acres designated for residential areas unless units are specifically allocated by the Board of County Commissioners to the northern, middle, or southern residential areas. Residential units may be transferred across parcel boundaries upon formal agreement of the property owner transferring the units. For each acre allocated for development as an adult living facility or nursing home, with approval of a conditional use petition, a minimum of 5.00 units shall be subtracted from the 708 residential units permitted within this MPUD. A maximum of 37.1 acres of land shall be developed within the commercial areas of the project and the maximum square footage permitted within the commercial areas shall be 330,000 square feet. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The actual development of the residential portion of the property and/or subdivision of the residential portion of the property can occur in any configuration and is in no way limited to the configuration established by the identification of parcels set forth on the MPUD Master Plan. However, the types of uses identified on the MPUD Master Plan shall be as set forth in the general configuration illustrated graphically on Exhibit "A", which constitutes the required MPUD development plan. Any division of the property and the development of the land shall be in compliance with the uses identified on the MPUD Master Plan, Chapters 1 ,4 and 10, Subdivisions, of the Land Development Code, and the platting laws of the State of Florida, B. The provisions of Chapter 10, 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 Chapter 10 prior to the issuance of a building permit or other development order. 2-2 .----"".-- "- 88 c. Appropriate instruments shall be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Chapters 5 and 10 of the Collier County Land Development Code. S. Temporary sales trailers and construction trailers can be placed on the site after site development plan approval and prior to the recording of subdivision plats, subject to the other requirements of Chapter 5 of the Land Development Code. 2,6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock-piling in preparation of water management facilities, or to otherwise develop water bodies, is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 22 of the Collier County Code of Laws and Ordinances (Code), whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards, S. All other provisions of Section 22, Excavation, of the Code. 2.7 DEVIATIONS FROM LAND DEVELOPMENT CODE REQUIREMENTS. A. A deviation from Section 5.06, Pole or Ground Signs, to allow a directory sign for a multiple occupancy center with five or more tenants (in lieu of eight or more tenants). B. A deviation from Section 5.06, Pole or Ground Signs, to allow a directory sign on a frontage without an entrance (Immokalee Road frontage). C. A deviation from Section 5.06, Wall Mansard, Canopy, or Awning Signs, to allow a total of 706 square feet of wall signage on north elevation of the proposed Super Target Building and a deviation to allow five wall signs on the north elevation of the Super Target building. 2-3 -' __.e".,,,_'- --.--- 88 o. A deviation from Section 4.06.02 of the LOC, which requires a landscape buffer to be provided between platted commercial building lots, to permit a zero foot setback between buildings and no landscape buffer(s) between separately platted tracts, when buildings are connected as those in a typical shopping center configuration, 2-4 -,'..._-- --~,-_...,.".--- ~..- 88 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", MPUD Master Plan. 3,2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the MPUD shall be 708 units. Approximately 10 acres within the northern residential area may be developed as an adult living facility or nursing home upon approval of a conditional use petition. For each acre allocated for development as an adult living facility or nursing home, a minimum of 5.00 units shall be subtracted from the 708 residential units permitted within this MPUD. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Single-family dwellings (includes zero-lot line). 2. Two-family dwellings (includes duplexes), 3. Multi-family dwellings (includes villas, coach homes, carriage homes, townhouses and garden apartments). 4. Any other use deemed comparable in nature by the Development Services Director. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's' playground areas, tot lots, boat 3-1 ....~ 88 docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model units, 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Water management facilities. 7. Recreational facilities, such as boardwalks, walking paths and picnic areas, within the natural habitat preserve areas after the appropriate environmental review. 8. Supplemental landscape planting, screening and buffering within the natural habitat preserve areas after the appropriate environmental review. 9. Any other accessory use deemed comparable in nature by the Development Services Director. C. Permitted Conditional Uses and Structures: 1. Adult living facilities and nursing homes (only in the Northern Residential Tract). 3,4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Malibu Lake MPUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a private drive, the setback is measured from the back of curb or edge of pavement. (a) Carports are permitted within parking areas. (b) Garages are permitted at the edge of vehicular pavement. 3-2 -...-- 88 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS SINGLE-FAMILY TWO-FAMIL Y MUL TI-FAMIL Y & ALF Minimum Lot Area (per unit) 5,000 Sq. Ft. 3,500 Sq. Ft. NA for M/F & 0.45 FAR for ALF Minimum Lot Width 40' I nterior Lots (1) 70' I nterior Lots (1) NA (35')(2) 50' Corner Lots 80' Corner Lots NA (40')(2) Front Yard Setback 20'(3) 20'(3) 20' Side Yard Setback 1 Story Both 5', or 0' & 10' Both 5', or 0' & 10' Greater of 7.5' or 1/2 BH 2 Story Both 7.5',or 0' & 15' Both 5', or 0' & 10' Greater of 10' or 1/2 BH 3 Story NA NA Greater of 12.5' or 1/2 BH Rear Yard Setback Principal Structure 20' 20' 20' Accessory Structure 10' 10' 10' PUD Boundary Setback Principal Structure NA (4) NA (4) 20' (6) Accessory Structure NA (5) NA (5) 10' Lake Setback (7) 20' 20' 20' Preserve Area Setback 25' 25' 25' Distance Between Structures Main/Principal 1-Story 10' 10' 15' 2-Story 15' 15' 20' 3-Story NA NA 30' Accessory Structures 10' 10' 10' Maximum Heiç¡ht: 50' and 4 stories for ALF only Principal Building 35' and 2 stories 35' and 2 stories 40' and 3 stories Accessory Building 20'/Clubhouse 35' 20'/Clubhouse 35' 20'/Clubhouse 35' Minimum Floor Area 1200 Sq. Ft. 1100 Sq. Ft. 1 bedroom = 650 Sq.Ft. /2 bedroom = 900 Sq,Ft./3-4 bed- room = 1100 Sq. Ft. (1) May be reduced on cul-de-sac lots. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a two family structure is on an individually platted lot. (3) Fifteen feet for homes with side entry garages. (4) Fifty feet for single-family and seventy-five feet for two family homes measured from the common boundary between the canal easement and the eastern MPUD boundary. (5) Where applicable, twenty-five feet less than the principal structure. (6) Two-story or higher buildings shall have a minimum setback of eighty feet from the common boundary between the canal easement and the eastern MPUD boundary. All principal buildings shall have a minimum setback of one foot for each one foot of building height as measured from any MPUD boundary. (7) Lake setbacks are measured from the control elevation established for the lake. 3-3 ,.--- I 88 B. Off-Street ParkinQ and LoadinQ Requirements: As required by Chapter 4 of the Land Development Code in effect at the time of building permit application. C. Open Space Requirements: 1. A minimum of sixty (60) percent open space, as described in Subsection 4.02.01 of the Land Development Code, shall be provided within the residential portion of the MPUD. 2. Each residential site development plan submitted to Collier County shall demonstrate that development of the MPUD is in compliance with the minimum sixty (60) per cent open space requirements, D. LandscapinQ and BufferinQ Requirements: 1. A berm, rock, wall, fence, or combination thereof may be provided by the developer adjacent to the Interstate 75 right-of-way. Such buffer may have occasional openings to provide glimpses of the project from Interstate 75. In order to maximize security and minimize impacts on existing trees, fences or walls may measure up to eight (8) feet in height of any berm/wall or berm/fence combination. 2. If landscape buffers are determined to be necessary adjacent to preserve areas, they shall be separate from the preserve areas. 3. If a natural habitat preserve area is shown along the northern boundary of the residential area, where it is adjacent to the commercial area on the MPUD Master Plan, and the preserve area vegetation meets the planting requirements of the normally required buffer, a buffer shall not be required in this area. E. Architectural Standards 1. All residential buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the project Exclusive of single-family detached homes, all buildings shall be 3-4 ..__,,_.··.e_u -- I 88 , primarily finished in light subdued colors except for decorative trim. Within multi-family portions of the project all roofs, except for carports, shall be peaked and finished, in tile, metal or architecturally designed shingles (such as Timberline). Within any single-family portions of the project, all roofs shall be peaked and finished in tile, metal, or architecturally designed shingles (such as Timberline). 2. All pole lighting, internal to the project, shall be: architectural- designed, limited to a height of thirty (30) feet, and similar architecturally to one of the lighting fixtures shown on Exhibits "C" or "D". F, Siç¡ns Signs shall be permitted as described within Chapter 5 of the Collier County Land Development Code, except as described in the following instances. 1. Up to two (2) ground or wall signs shall be permitted at each main entrance to the residential portion of the MPUD and shall be located within the residential areas of the MPUD, Such sign(s) shall contain only the name of the entire 141.56± acre MPUD residential project, names of individual communities within the MPUD project, and insignia or mottos of the development. Such ground or wall sign(s) shall be similar architecturally to one of the signs shown in Exhibits "E" or "F" and architecturally compatible with the unified architectural theme of the entire MPUD (as described in Section 3.4E. of this MPUD Document), Said ground or wall sign(s) shall not exceed a combined area of sixty-four (64) square feet, and shall not exceed the height or length of the wall upon which it/they is/are located, 2. Two ground signs shall be permitted along the western MPUD boundary. Such signs shall contain only the name of the entire 141.56± acre MPUD residential project and shall be architecturally compatible with the unified architectural theme of the MPUD (as described in Section 3.4E. of this MPUD Document), Exclusive of landscaping, such ground signs shall not exceed an area of twenty- four (24) square feet. 3. A residential identification and directional sign shall be permitted in the vicinity where Tarpon Bay Boulevard intersects with the existing frontage road along Immokalee Road. Such sign shall contain only 3-5 -- --.-- 88 the name of the entire residential project, the names of the individual communities within the MPUD, and directions to such, Such sign shall be architecturally compatible with the unified architectural theme of the MPUD (as described in Section 3.4E. of this MPUD Document) and shall not exceed an area of twenty-four (24) square feet. 3-6 ,-- -- 88 SECTION IV COMMERCIAL "C" 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Commercial "C" designated areas shown on Exhibit "A", MPUD Master Plan. 4.2 GENERAL DESCRIPTION Commercial areas designated on the MPUD Master Plan are intended to provide commercial, warehouse, wholesale, and office uses 4,3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Amusement and recreation services (Groups 7911,7933,7081). 2. Apparel and accessory stores (Groups 5611 - 5699), 3. Automotive dealers (Group 5511), auto supply stores (Group 5531), convenience food stores with gas pumps (Group 5411) and gasoline service stations (Group 5541 automobile service stations only, with services and repairs as described in Chapter 5 of the Collier County Land Development Code and excluding truck stops- retail. Diesel pumps may only be provided for automobiles and trucks of 1 ton or less capacity.), boat dealers (Group 5551) and motorcycle dealers (Group 5571), 4. Auto rental services and car washes (Groups 7514, 7515, 7542 only for automobiles and trucks/buses of 1 ton or less capacity). 5. Building materials, hardware, and garden supply (Groups 5231- 5261), including home improvement superstores. 6. Business services (Groups 7311, 7313, 7322 - 7338, 7361, 7371 - 7384). 4-1 .._.......~",.-- ..--- 88 7. Depository and non-depository institutions (Groups 6021-6199). 8, Eating and drinking places (Group 5812, 5813) and drinking places (Group 5813 only cocktail lounges in conjunction with a restaurant.) Outdoor dining shall be permitted subject to parking and fire code requirements. 9. Educational services (Groups 8211 - 8249 no exterior instruction of motorized equipment, 8299). 10. Food stores (Groups 5411, 5421, 5431 except roadside sales - Group 5499), 11. General merchandise stores (Groups 5311 - 5399), including warehouse clubs and discount retail superstores. 12, Health services (Groups 8011 - 8099). 13, Holding and other investment offices (Groups 6712 - 6708). 14. Home furniture, furnishings and equipment stores (Groups 5712 - 5736). 15, Hotels and motels (Group 7011), 16. Insurance carriers, agents, brokers, and services (Groups 6311 - 6399, 6411). 17. Legal services (Group 8111). 18. Membership organizations (Groups 8611,8621,8641,8661), 19, Miscellaneous repair (Groups 7622 - 7631). 20. Miscellaneous retail (Groups 5912, 5921, 5932 (antiques only) 5941 - 5949, 5992 - 5999 except auction rooms, monument and tombstone sales). 21. Movie theaters (Group 7832) and video tape rental (Group 7841). 22. Museums and art galleries (Group 8412). 4-2 -----"- >"'-'- 88 23. Personal services (Group 7212 dry-cleaning and laundry pickup stations only Groups 7215, 7217, 7219 - 7291, 7299 car title and tag service and tanning salon only). 24, Professional offices, research, and management consulting services (Groups 8711 - 8748), 25. Public administration (Groups 9111 - 9661). 26. Real estate agents and managers (Groups 6512 - 6552). 27. Security and commodity dealers (Groups 6211 -6289). 28. Social services (Groups 8322 only adult day care services, counseling services, and senior citizens associations Group 8351), 29, Travel agencies (Group 4724). 30. Veterinary services (Group 0742 for household pets only and without any overnight boarding or outside kennels). 31. Warehousing (Group 4225 but for self-storage only with no outdoor storage, no on-site maintenance/manufacturing, and buildings architecturally designed to look like office buildings for persons viewing the project from off-site.) 32. Any other commercial use or professional service which is comparable in nature with the foregoing uses, as determined by the Board of Zoning Appeals. B. Accessory Uses: 1. Uses and structures that are accessory and incidental to the permitted uses within this MPUD Document, including outdoor garden centers. 2. Caretaker's residence as described in Subsection 5,03.05 of the Land Development Code. 4.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. 4-3 . ---- I 88 B. Minimum Lot Width: Seventy-five (75) feet, as measured along an internal access easement or right-of-way. C, Minimum Yards: (1 ) Principal structures: (a) Front yards - Twenty-five (25) feet. (b) Rear yards - Twenty-five (25) feet. (c) Side yards - Ten (10) feet, except no side yard shall be required in accordance with Section 4.4,C.3 of this MPUD Document. (d) Yards from the Residential Areas of this MPUD - One (1) foot for each foot of building height with a minimum of twenty-five (25) feet. (e) Yards (setback) from preserve areas: Twenty-five (25) feet. (2) Accessory Structures: (a) Setbacks shall be as required by Section 4.02 of the Land Development Code in effect at time of building permit application. All accessory structures shall be set back a minimum of twenty-five (25) feet from the residential areas of this MPUD. (b) Accessory structure yards and parking areas shall be a minimum of ten (10) feet from preserve areas. (3) Platting or subdivision of building tracts for separate ownership for a building within typically connected buildings and parking lots shall not require setbacks and other requirements from the building to a property line, including but not limited to landscape buffers, D. Distance Between Principal Structures: One-half the sum of the heights but a minimum of ten (10) feet. Platting or subdivision of building tracts for separate ownership for a building 4-4 ,.-- t 88 within typically connected buildings and parking lots shall not require setbacks and other requirements from the building to a property line, including but not limited to landscape buffers; however, a minimum of ten percent of the commercial area shall be open space. E. Minimum Floor Area of Principal Structure: Seven hundred (700) square feet of gross floor area for each building on the ground floor. F. Maximum Heiqht: Fifty (50) feet. G. Off-Street Parkinq and Loadinq Reauirements: As required by Section 4.05 of the Land Development Code in effect at the time of building permit application, H, Open Space: 1. Except for required landscape buffers, water management areas, and native vegetation preserves, all other required open space for the mixed-use PUD shall be incorporated into the residential area of the MPUD. I. Bufferinq Reauirements: (1 ) A twenty (20) foot wide Type "0" Buffer shall be provided along Immokalee Road, Tarpon Bay Boulevard and Interstate 75, with the landscaping as required in Section 4.06 of the Land Development Code, except the developer shall install landscaping within the buffers of Immokalee Road and Tarpon Bay Boulevard which exceed the minimum required size by installing canopy trees ranging between 14 feet to 16 feet in height. (2) A fifteen (15) foot Type "B" Buffer shall be provided along the southern boundary of the commercial area. If a natural habitat preserve area is shown along the northern boundary of the abutting residential area on the MPUD Master Plan, this buffer shall not be required as long as this preserve area meets the requirements of a Type "B" Buffer. 4-5 -' "- 88 J. SiQns 1. Site Signage: Site signage shall be permitted as described in Section 5.06 of the Land Development Code. Two (2) multi-tenant site signs shall be permitted; one (1) along Immokalee Road, and one (1) along Tarpon Bay Boulevard. Each outlot shall be permitted one (1) ground sign, as required by Section 5.06 of the Land Development Code, in effect at the time of building permit application. 2. Signage shall also be pe rm itted subject to the deviations authorized in Section 2.7 of this MPUD. K. Hours of Operation The developer and owner will restrict the hours of operation of the anchor tenant and in-line tenants. The normal hours of operation for the anchor tenant and other inline stores, defined as hours open to the public for business, shall be from 8:00 a,m. to 11 :00 p.m. Monday-Saturday, and 8:00 a.m. to 9:00 p.m. on Sunday. Seasonally, hours of operation for the anchor tenant and inline stores shall be from 6:30 a.m. to 12 p.m. (midnight) Monday-Sunday. The anchor tenant and in-line stores will not be permitted 24-hour operation. Outlot tenants shall not have hours of operation restrictions; however, deliveries shall occur between 6:30 a.m. and 10:00 p,m. Monday-Sunday. The developer shall restrict delivery traffic to prohibit delivery traffic from using Tarpon Bay Boulevard south of the shopping center. 4-6 ---'-~ -'"-- ¡ 88 ! SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats and all applicable State and local laws, codes, and regulations applicable to this MPUD in effect at the time of final plat, final site development plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the MPUD 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 MPUD Master Plan and the regulations of this MPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Document. 5.3 MPUD MASTER PLAN A. Exhibit "A", MPUD 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 10.02 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5-1 ----~ ~.....'- 88 5,4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A. The landowners shall proceed and be governed according to the time limits pursuant to Section 10.02 of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 10.02 of the Land Development Code. C. The primary anchor tenant shall not receive a certificate of occupancy earlier than April 30, 2006. 5.5 ENGINEERING A. This project shall be required to meet all County ordinances in effect at the time final construction documents are submitted for development approval. 5.6 WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit application shall be sent to Collier County Development Services with the SOP submittal. B. An excavation permit will be required for the proposed lakes in accordance with the requirements of Section 22 of the Collier County Code of Laws and Ordinances and SFWMD Rules. C. Lake setbacks from the perimeter of the MPUD may be reduced to twenty-five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. D. A right-of-way permit from the Big Cypress Basin (SFWMD) shall be obtained for any impacts in the canal east of the property. E. Water management areas shall be permitted to be shared throughout the MPUD. Conceptual water management areas shall be shown on the first SOP, Subsequent SOPs, or amendments shall not be required, to modify the original SOP or water management plan, 5.7 UTI LlTI ES A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, 5-2 '- -" 88 constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 04-31, as amended, and other applicable County rules and regulations. B. Except on an interim basis, for structures such as sales/construction trailers and models, the project shall be required to hook-up to and utilize public water and sewer facilities. C, Wellfield easement (30 feet by 30 feet) access shall be provided over and across ingress/egress easements as identified in the operating and easement agreement. Said easements shall be conveyed to Collier County at no cost to Collier County when requested by the County. 5.8 TRAFFIC A. Where the project's traffic shall be utilizing 20th Avenue NW as an access, the developer shall be responsible for extending such roadway to the project site, including crossing the canal that is located just east of the site, prior to the issuance of any certificates of occupancy for the project. The developer shall also be responsible for providing a left-turn lane and a right-turn lane along Oakes Boulevard for traffic turning west onto 20th Avenue NW. B. All turn lane improvements committed to by the developer shall be in place prior to the issuance of any certificates of occupancy for the project. In addition, if, in the sole opinion of the County, the petitioner's construction traffic is shown to cause a safety or operational problem at the intersection of 20th Avenue NW and Oakes Boulevard, the County may require said turn lanes to be installed in advance of the petitioner's scheduled construction for the project. C, The developer shall be responsible for the installation of arterial level street lighting at the project entrance. Such lighting shall be constructed so as to shield adjacent residential uses from glare and direct light spill. In addition, if the project's traffic is utilizing 20th Avenue NW as an access, street lighting levels at the intersection of 20th Avenue NW and Oakes Boulevard shall be augmented by the developer so as to be consistent with arterial standards. Such lighting improvements shall be in place prior to the issuance of any certificates of occupancy for the project that are utilizing 20th Avenue NW as an access. D. The project may be required to proceed in phases beyond 1999 if the Level of Services (LOS) of any roadway within the Radius of Development Impact (RDI) falls below the minimum standard set forth in the Growth 5-3 " """..- 88 Management Plan. The petitioner may, however, provide additional capacity, such as additional turn lanes at intersections or traffic signals, if warranted, in advance of when the County would otherwise have programmed any such improvement. E. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS), current edition, FOOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County Land Development Code. F. Arterial level street lighting shall be provided at all access points. Lighting at the access shall be in place prior to the issuance of the first certificate of occupancy (CO) for units/square footage that will directly utilize the access. G. Access points, including both driveways and proposed streets, shown on the MPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required site plan or final plat. All such access shall be consistent with the Collier County Access Management Policy (Res. 01-247), as it may be amended from time to time, and with the Collier County Long Range Transportation Plan, The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a MPUD amendment is approved. H. Site-related improvements (as apposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits, All required improvements shall be in place and available to the public prior to the issuance of the first CO for units/square footage that will directly utilize the improvements. I. Road impact fees shall be paid in accordance with Collier County Ordinance Number 01-13, as amended, and Chapter 10 of the Land Development Code, as it may be amended. J, All work within Collier County rights-of-way or public easements shall require a right-of-way permit. 5-4 --"- -- 88 K. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended, and the Land Development Code, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this MPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. L. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. M. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. N. If any required turn lane improvement requires the use of existing County rights-of-way or easements, compensating right-of-way, if required, shall be provided without cost to Collier County as a consequence of such improvement O. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and/or adjacent developers on a fair share basis, 5.9 1-75 RAMP IMPROVEMENTS A The developer shall donate to Collier County an area depicted as the 1-75 Ramp Reservation Area within 60 days of the County's written request The set aside area shall be based upon a study to be performed by the appropriate governmental entity of the need for ramp improvements at the 1-75 northbound interchange at Immokalee Road. The maximum ramp radii shall be 225 feet The Reservation Area shall consist of the minimum area needed to construct a new northbound on-ramp and to construct modifications to the northbound off-ramp. S. The developer shall not be required to mitigate for the loss of any required water management, preserve, or landscape buffer areas as a result of the 5-5 -,"-". ..._u_~_,__,,·_ ,-- 88 acquisition of the Reservation Area by the appropriate governmental entity. The appropriate governmental entity shall mitigate the loss of the water management area by relocation to property not owned by the developer unless the developer consents to the water management area being relocated on developer's property. The appropriate governmental entity shall mitigate the loss of the preserve areas. The appropriate governmental entity shall mitigate the loss of landscape buffers. C. The developer shall not be responsible for making any modifications as a result of the loss of the Reservation Area to any development orders including, but not limited to, SOPs, plats and/or building permits. The appropriate governmental agency shall make these modifications. O. The developer shall make any necessary physical modifications to the parking areas, drive aisles, curbing, lighting facilities and any other parking area features upon acquisition of the Reservation Area by the appropriate governmental entity. These modifications shall be consistent with Exhibit I attached hereto. E. The developer shall be authorized to construct site features including, but not limited to, landscaping, curbing and pavement within the Reservation Area. These improvements shall be constructed in accordance with applicable County regulations in effect at the time permits are issued for their construction. In no event shall the developer be authorized to construct any building within the Reservation Area. F. The developer shall be authorized to construct a "right-in only" access point located 150 feet east of the end of the FOOT limited access right-of- way line on Immokalee Road, G, The County shall provide an expedited review of any SOPs, final plats, building permits or other development permits associated with the commercial components of this MPUO. H, The County shall be authorized to approve any amendments to the SOP as a result of the acquisition of the Reserve Area by the appropriate governmental entity at no cost to the developer. 5-6 --.- --.. 88 I. Upon receipt of written notice of intent to proceed with the 1-75 ramp improvements by the appropriate governmental entity, the developer shall have six (6) months from that date within which to construct any necessary on-site modifications resulting from the acquisition of the Reservation Area by the appropriate governmental entity. J. The developer shall not be required to provide the necessary commercial site improvements for the project to be located within the Reservation Area once that Area is acquired by the appropriate governmental entity. Existing or proposed site improvements lost as a result of the acquisition of the Reserve Area shall not be relocated to areas within the project retained by the developer, or its successors, for commercial land uses. K. The developer shall pre-pay road impact fees in an amount estimated to be $2,200,000,00 within thirty (30) days of the effective date of this Ordinance. The County shall, upon receipt of the prepayment, issue a Certificate of Public Facility Adequacy for the appropriate amount of commercial development intensity in accordance with the Adequate Public Facilities Ordinance in effect at the time the prepayment is received by the County, 5.10 PLANNING A Pursuant to Chapters 2 and 4 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted, B. In the event Collier County transfers ownership of the former FOOT service road located adjacent to Immokalee Road to the developer, the developer or successor owners may utilize this area for open space, water management, and landscape buffers, which shall be utilized in meeting the minimum criteria for said uses as may be required at the time of site development plan or plat approval. C. Site development plans shall be permitted to include multiple owners. All infrastructure shall be constructed and maintained pursuant to a recorded operating and easement agreement. 5.11 ENVIRONMENTAL A Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and 5-7 --_.-. ~----- 88 approval by the Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. The developer shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) 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 Environmental Review Staff for review and approval prior to final site plan/construction plan approval. C. All conservation areas shall be designated as conservation/preservation tracts or easements on all site development plans or shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes, Buffers shall be provided in accordance with Section 3.05 of the Land Development Code. In the event the project does not require platting, all conservation areas shall be protected by a conservation easement in favor of Collier County or other approved entity with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. D, 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 approval by the Environmental Review Staff. All principal commercial structures shall have a minimum setback of twenty-five feet from the boundary of any preserve, Accessory structures and all other site alterations shall have a minimum ten-foot setback. E All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. F. A minimum of 25 percent of the viable naturally functioning native vegetation on-site (natural habitat preserve area), including both the under-story and the ground cover emphasizing the largest contiguous area possible, shall be retained on-site, as described in Section 3,05 of the Land Development Code. 5-8 ---- ------ t 88 The original Malibu Lake PUD contained 134.85 acres of native vegetation. The residential component in Ordinance 99-49 was required to retain a minimum of 32.56 acres of native vegetation. The commercial component of the project will consist of 37,1 ± acres, of which 10.86 acres is presently native vegetation, The total native vegetation required to be retained on the commercial portion of the Malibu Lake MPUD shall be 2.72 acres (10.86 X .25 = 2.715). G. Re-created preserves shall be in accordance with Section 3.05 of the Land Development Code, H. This MPUD shall be consistent with the Environmental Sections of the Growth Management Plan, Conservation and Coastal Management Element and the Land Development Code in effect at the time of final development order approval. I. A preserve area management plan shall be provided to Environmental Review Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. J. In the event that construction within the 1-75 Reservation Area impacts the required preserve, that preserve acreage shall be re-created elsewhere on site with an approved plan by the appropriate governmental agency. The re-created preserve shall consist of enhanced buffers, native planting within water management areas, or any combination thereof. K. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final site plan / construction plan approval. 5-9 ._~-~.."- ..-.-..- ~; ; §~: ~~~: m: ~~~ ~8~~ ~..z: ~ ¡ 8 E ~~ ! .~~ ~~Q~ ~~~; ~~~ ~~~~ ~~g~~ ~ ~~ ~ ~~c ~~~~ 8c;~ ~~~ ~~~~ ~£~~~ ~ ~ ~ a'~ ~"~~ ~~"~ ç~~ ~e~< ~i.~ê ~ ~ ~ ~~~ ~~o~ *~x~ ~~~ ~~çð ~g~~~ : , ~ 88~ g~~~ "~~~ ~8~ ~~~~ ~:~i~ 0 ~ g ~~r Z~~C ~~~~ ~IC ~,~ ~On~' . . o"~ ~~~. ~"g' "a~ ~18 ~R~"~ ~ r ~~~ g~~; CO ~ g~ o~ ~~g~~ ~ s ~ ~~~ ~g~~ ~~~. ~~ ~~~ .~~~~ 8 ~ :~~ ~~~~ ~z~~ 8; å~~ ;~=~~ ~ ~~. ~ rO ~~rQ ;0.0 ~ c z z>o ~ ~ ~~ª ~~~ ~¿~í :~ ;ã~ §~~~~ § ~ ~~ B~~ ~þ~~ ~~ ~ii ~8~~~ ~ b ï~ ~~Ô ~H~~ ~~ ~g~ i~~~~ § ~ ç~ ~~~ ~~~~ ~~ ~~~ ~~~~~ ~ ~ ~ ~:; ê~§~ S~ ~~~ ~§~~ =" gª~ ~~~~ ã~ ~~ ~ö ~ ~~ ~~ ~". ; "~~ ~¡ I I.', h~ ~o .i ~~~ê'E 'I" ~15~~o I B ;j~~=a. . ~,.8~~ ~'" 1 "~~ §~ , ~ ~ ~ ~ IÞ i 11----- ;o.~¡:;;;gg 1'~l!?g ~!õ'g ;;12~ I ~\ LOT" ! _ N H~i~ ~~~~ .5~ ~5~ .......... I a ,~.a~ ~~a~ ~~~ "~~ - II · b' ~ -' ï;Q~~ ~~~;; ~~;; ~~;;; I I, I NORTHERN ~i I~ . ~ ~ ~>~~. "~~~ H ~~~ Ii RESIDENTIAL i· ,S I ~§!;~ ;~;~ ~~ ~ª~ I: .(.¡Î I~! ¡-' ~~z;~ ~<Ji~~ .~ C'.~ I.' /! ~~ 'h / ~ ª~e8~ ~¡~~ ~~ g~~ . ~ ~ -:b "-. I ~ ~~ b~~8 ~~~~ ~~ ~~E i I I )~'" ,¡$ ;~. : ~ aEE -z~!"w~" 0- R- ,I ~ I I ¡ zz ~w~Q~ ~~. .. ~2' a I \" I :,..,..".... ~ ~~ ~~~~. ~~~~ §~ ~~~ e' I , I ! H ~~r~§ ..h ~~ ~Q~ ; d r - -- -- 7.~- ¡, .. "~2' '>r% " ~. > II , z: z: .g~~ ~:'~ ~~ ~~~ ~ I / ;>/ - ~ ' ~ ". .çrr~~a.e"E ~ I II" ,,<~.. ª~~~ :~~~ ~~ ~~,. ~ ~. I ~.. z W. " ~. ~ . 0, I ~ .' '''0; o6~~ ~~ ,,~ ~ (¡; II Lc_1 ~e ~M.~ ~zz.< ~" "" '! q :" ~ w". :Ê~~ ~ô~~ 9ô ~ô I I) ~iI i~ ' ,9. . ¡. ¡. " ~,r~z. ~, ~, I I 0 '\ ~ · ," a ~~:: ~~§I ~~ .~ ¡ I ~,¡¡ · ~ · ~~go "~o ð' ~. " I "" / ~ C : ,o~ ~i ¡¡)¡ '\ " \ '-;:_-;::--' I/'"I IZ \ AREA ~ ---\---------- II.~ " "'" Y 10 ,C 115 :' / I I ,ç; I i MIDDLE I n ~ ~ ~ \ \~ I : K ~ i'1 ~ ¡; en I L I : . ~. ¡¡ I I n- I I II :<~ \, ~ : ~': \;;0.""'''(''''''''''= o ~~~ \ ~ I I I e ~:I z \. I ~ ~ I i Ri':SlDENTIAL r - - - - I a. 0 '. I, I ~ I I: K ~~ iT1 \': I " : · ~5 " \ I I I - I ,--- :n I ¡.wMÐØ:llMt1 I ~V\ I AREA ' .~ I : ~ -= 0 I I . ~ ;¡¡;,., ~ " : .a. ~ ~ " I I' M ~ I -- ' § z . \, I¡¡ ~ ¡,¡ -< ; : In'" . ¡:¡ Iii::: r I . ~ ¡'¡::z:: ~ ' g ~ ~ 8. = !"' I ~~ .!, . I .~ "~~'~"'" ,I ~~9 ......05; I~ ~gt ~'. ~~ ~ = :. u!; el~ ~~ <'í ~ / I " I: ~b . < ~ ::g SOUTHERN I II .~ ~ ~ n ~ n ~ I ¡:; ~ ~ ~ I ~ JJ .\ " RESID¡ENTlAL : \ i "m,,"'tt(Of""'l "~3 r¡¡.Þ1 ill ~" ~ =' ~¡¡g~ ' . I : ~ ~ -0 0 ¡!¡'" ~~ ~ o~~~ I ª I . ¡ I' ¡,¡;- ~~ ~~~ ~ ~a ~d~ ¡ ·1: ~. :. h¡ ~ :1 õ~:tI ~~;IJ VI Ãz (II ~ :.!f> I / \ !:! i 'Ii ¡"r~ ~8~ ~ ,.. c I I" . ~ I§ ~ :~~ 0d;<; ~ ~ ¡¡:: ..' I ~ :1 @" ~ ;." ~o =',,;<; " ¡¡:: "~ I ~1:: <;j'" t:-< ~~~;<;~ Ii! l' ~ ,~ ....- ~ ,K ~5 ~ ..... II g=, "0; ~ I. ~. - '.! ~~ 8 ::IE g ~ c:i!i;<;' I", g ~ . I ~ I ~ :> Z ,,0;<; ~;:;~ 2 ~ ¡; I i'1g 5;: ~ô 1'1~~ ~ ~ '\ '/ "-.. : ib ;u ~ ~ ~~ >-ð~ s¡ s¡ ': Q~ ~ C '" t>j ;<;51 ~~>- ~ ~ I <z _:> X ~~=' ~ ~ I f~ ~ r:!= I!:: ;<; ~~ q I ,,~ ~ ~ ~ ~ ~ ¡¡'" ~ "S::(f) b ~ ~ . ,.,." ~ :IJ' "T'\ -1 » ~ >- i AGIIQ.f.IU'M. l'ØiIIG ; 3~ ~ ~ ~ a ~ ""U ~ VI z r» ~ i ~ð ~ ~ ~ Zi ~ t>j s¡ ~ . ~ :;: ~ ....----...-- 81 fS!. ~ ........ ¡ .':..". ..' . . ..",.' ,"" "' " , ':1 4~1' :;1 il If ¡! dl i r- fa ' .. il it il 10 ~ ~ t ~U. ª.! H'! ø! d- , 'J!' II If~ f~ fl~ !I~I 'II 1 -l:~" . I .I II ,,'I; :a II ~ í. If .. ~ III J .151 ø<I §~I ;1',' 3 ..I I ~ I III ~". i f: Ii J I i,"1 Ii j""1 ¡¡¡ 11111 ¡: Ii I Lt I =~ I .. '" Ii _I å Ii," II ;I I .. I '" I ~.~' ~.Ii!~ 1" f¡IPn ij ',í¡ .-,.. ¡ II . "; 1. ~iii ¡,.' ~'I'I; , ,0' I . ~ ,i::, f" I ~J'I . t !;! .II 1m! I ~ II! ~i " I J . d m . . .... 11111' J : . ." r; III . I {I i ~.\ ft'Hh¡~ .. 'I; : I) il~ il '1 I !J I II Ii ! ';, ;1 "J !f I ¡if. fl ,I ';1 ,; e Ii .. I. t . ,. I! II' Ii; Jif ,; .I'I",,} ~i ª: i'''i i ~i=i · 3=d ~H ..' ....'.11.1.........".' I ~I: 11 ~ !;' ~ I.! ! 3!!! 31; .,t' 1- i~!t II t.lll Ï!!.,II!¡' .. ",;", I. J ,!! t ; i I ~ Iii 1,; if" ! ~ ill ~ I 1.1 i r -, " , .. i J" I s ,:' d!"fi!:li:Pii:!iii: g )' , i i i ---". ,,~,-".__...- 88 I . I Iii , I , ; ; I 1 - ¡ J j J ¡ I ; j ~ i j ì , j í 1 j ¡ i ; , , J ; ¡ ! ¡ ---_.- ---- 88 . " '. ! j J i i ! I ..",~",,:- ")-< ,. r .......~~ ;32:i:' '" ...,-;,·t; 1:':) : '. ; I...··,·:£:l....,,-I. ~~ ". ....,"..... . I .-- "-"'-"""-"--" - 8 8 I '. . EXHIBIT UK" DEPICnON OF PRDJECI' ENTRY SICN . ..- .,.-...... .. _.~.... . --'--'--- ....."..---.- ~--"'-'" 8 8 . BXHIBrrccF" DBPICITON OF PROJECI' BNTllY SIGN . '.. -"-..' ....-- . ..-..--..-----...-..---.. -_..~_..._- 88 LEGAL DESCRIPTION PAßC'K£ f LOTS 2 AND 3 OF BRENTWOOD ACCORDING TO Tl-fE PLAT Tl-fEREOF RECORDED IN PLAT BOOK 38 AT PAGES 33 AND 34 OF Tl-fE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PAR TlCULARL Y DESCRIBED AS FOLLOWS: BEGIN AT Tl-fE NORTl-fWEST CORNER OF LOT 3 OF BRENTWOOD ACCORDING TO THE PLA T THEREOF RECORDED IN PLA T BOOK 38 A T PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; Tl-fENCE RUN N 86'54'14# E, ALONG THE BOUNDARY OF SAID LOT 3, FOR A DISTANCE OF 68.57 FEET; THENCE RUN N 87"44'01" E, ALONG THE BOUNDARY OF SAID LOT J, FOR A DISTANCE OF 99.57 FEET; THENCE RUN N 0215'59" W. ALONG THE BOUNDARY OF SAID LOT J, FOR A DISTANCE OF 60.00 FEET; THENCE RUN N 87"44'01" E, ALONG THE BOUNDARY OF LOTS 3 AND 2 OF SAID BRENTWOOD, FOR A DISTANCE OF 178.69 FEET; THENCE RUN S 88'53'16" E, ALONG THE BOUNDARY OF SAID LOT 2. FOR A DISTANCE OF 44.48 FEET; THENCE RUN S 02"36'10" E, ALONG THE BOUNDARY OF SAID LOT 2. FOR A DISTANCE OF 309,51 FEET; Tl-fENCE RUN S 87"23'12" W. ALONG THE BOUNDARY OF SAID LOTS 2 AND J, FOR A DISTANCE OF 391,69 FEET; Tl-fENCE RUN N 02'34'19" W, ALONG THE BOUNDARY OF SAID LOT J, FOR A DISTANCE OF 253.51 FEET TO THE POINT OF BEGINNING. AND LOTS 4 AND 5 OF BRENTWOOD ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 38 AT PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PAR TlCULARL Y DESCRIBED AS FOLLOWS: BEGIN A T THE NORTHWEST CORNER OF LOT 4 OF BRENTWOOD ACCORDING TO THE PLA T THEREOF RECORDED IN PLA T BOOK 38 A T PAGES 33 AND 34 OF Tl-fE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N 8773'12" E, ALONG Tl-fE BOUNDARY OF SAID LOT 4, FOR A DISTANCE OF 294.48 FEET; Tl-fENCE RUN S 79"07'03" £, ALONG THE BOUNDARY OF SAID LOT 4, FOR A DISTANCE OF 51.42 FEET; THENCE RUN N 8773'12" £, ALONG THE BOUNDARY OF SAID LOT 4, FOR A DISTANCE OF 201.13 FEET TO Tl-fE BEGINNING OF A TANGENTlAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; Tl-fENCE RUN SOUTl-fEASTERLY, ALONG Tl-fE ARC OF SAID CURVE TO THE RIGHT, HAVING A' RADIUS OF 41.00 FEET, THROUGH A CENTRAL ANGLE OF 90TJO'38~ SUB TENDED BY A CHORD OF 57.99 FEET AT A BEARING OF S 47'36'29" E, FOR A DISTANCE OF 64.41 FEET TO THE END OF SAID CURVE; THENCE RUN S 02"36'10" E, ALONG Tl-fE BOUNDARY OF SAID LOT 4, FOR A DISTANCE OF 106.59 FEET; THENCE RUN S 1OTJ2'14" E, ALONG THE BOUNDARY OF SAID LOT 4, FOR A DISTANCE OF 102.60 FEET; THENCE RUN S 02'36"0" £, ALONG THE BOUNDARY OF LOTS 4 AND 5 OF SAID BRENTWOOD, FOR A DISTANCE OF 558.08 FEET,' THENCE RUN S 89"35'09" W. ALONG THE BOUNDARY OF SAID LOT 5. FOR A DISTANCE OF 600.76 FEET,' THENCE RUN N 02'34'19" W. ALONG THE BOUNDARY OF SAID LOTS 5 AND 4, FOR A DISTANCE OF 796,37 FEET TO THE POINT OF BEGINNING, EXHIBfl': G JOB CODE: CWZ DRAWN BY: s.o. SHEET: 1. OF 8 FILE j: 30-48-26 Q. CRADY MINOR ANIJ ASSOCIATES, P.A. EXHIBIT lie" - LEGAL DESCRIPTION CIVIL ENGINEERS· LANJJ SUllVEYOBS. PLANNERS A PORTION OF 3800 VIA DEL REY SECTION 30, TO IfNSHlP 48 SOUTH, RANGE 26 EAST, BONITA SPRINGS, FLORIDA 34134 NAPLES. COLLIER COUNTY, FLORlfJA PHONE: (941) 947-1144 FAX: (941) 947-0375 DATE: DECEMBER 2003 DRA WING: C-1778-1 CERTIFICATE OF AUTHORIZATION NUMBER LB 5151 .------.- -..... ¡ 88 EXHIBIT: G ANO P.lRCK!. 11-.1 A PARCEL OF LAND LOCA TED IN THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE A T THE NORTHWEST CORNER OF LOT 3 OF BRENTWOOD ACCORDING TO THE PLA T THEREOF RECORD£D IN PLA T BOOK 38 A T PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE EAST LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S 86'54'lr w, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF A 60,00 FOOT WIDE ACCESS ROAD, AS THE SAME IS SHOWN ON THE STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP FOR STATE ROAD NO. 93 (1-75). COLLIER COUNTY, SECTION 03/75-2401, SHEET 3, LAST REVISED 6-26-73, FOR A DISTANCE OF 299,89 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 02'33'24" E FOR A DISTANCE OF 1128,27 FEET TO A POINT ON THE SOUTH LINE OF THE EAST ~ OF THE WEST ~ OF THE NOR7HEAST ~ OF 7HE NORTHEAST ~ OF SAID SECTION 30; THENCE RUN S 89:35'09" W, ALONG THE SOUTH LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30. FOR A DISTANCE OF 30.02 FEET TO A POINT ON THE WEST LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAfD SECTION 30; THENCE RUN N 02"33'24" E, ALONG THE WEST LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30, FOR A DISTANCE OF 1126,87 FEET TO A POINT ON THE SOUTHERL Y RIGHT-OF-WA Y LINE OF SAID 60.00 FOOT WIDE ACCESS ROAD; 7HENCE RUN N 86'54'14" E, ALONG THE SOU7HERLY RIGHT-OF-WAY LINE OF SAID 60.00 FOOT WIDE ACCESS ROAD, FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. AND PARe'S!. íí-B A PARCEL OF LAND LOCA TED IN THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NOR7HEAST ~ OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y .DESCRIB£D AS FOLLOWS: BEGIN A T THE NORTHWEST CORNER OF LOT 3 OF BRENTWOOD ACCORDING TO THE PLA T 7HEREOF RECORDED IN PLA T BOOK 38 A T PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE EAST LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF Tl-jE NORTHEAST ~ OF SECTION 30. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S 02"34'19" E. ALONG THE BOUNDARY OF SAID BRENTWOOD AND ALONG THE EAST LINE OF THE EAST ~ OF THE WEST ~ OF THE NOR7HEAST ~ OF THE NORTHEAST ~ OF SAID SECT/ON 30, FOR A DISTANCE OF 1,142,33 FEET TO THE SOU7HEAST CORNER OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NOR7HEAST ~ OF SAID SECTION 30; THENCE RUN S 89"35'09" W. ALONG THE SOUTH LINE OF THE EAST'~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30, FOR A DISTANCE OF 300.39 FEET TO A POINT 30.00 FEET EASTERL Y OF, AS MEASURED A T RIGHT ANGLES TO, THE WEST LINE OF THE WEST LINE OF THE EAST ~ OF THE NOR7HEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30; 7HENCE RUN N 02"33'2r w, PARALLEL WITH THE WEST LINE OF THE EAST ~ OF THE NORTHEAST ~ OF THE NOR7HEAST ~ OF SAID SECTION 30, FOR A DISTANCE OF 1,128,27 FEET TO A POINT ON THE SOUTHERL Y RIGHT-OF - WA Y LINE OF A 60.00 FOOT WIDE A CCESS ROAD, AS THE SAME IS SHOWN ON THE STA TE OF FLORIDA STA TE ROAD DEPARTMENT RIGHT-OF-WA Y MAP FOR STA TE ROAD NO. 93 (1-75), COLLIER COUNTY, SECTION 03175-2401, SHEET J. LAST REVISED 6-26-73; THENCE RUN N 86'54'14" E, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID ACCESS ROAD, FOR A DISTANCE OF 299,89 FEET TO THE POrNT OF BEGINNING. JOB CODE: CWZ DBA WN BY: S. B. SHEET: 2 OF 8 FILE /. 30-48-26 Q, CRA1JY MINOR AND ASSOCIATES, p.A. EXHIBIT "c" - LECAL DESCRIPTION CIVIL ENGINEERS· LAND SURVEYORS· PLANNERS A PORTION OF' 3800 VIA DEL REY SECTION 3D, TOWNSHIP 48 SOUTH, HANGE 26 EAST, BONITA SPRINGS, FLORIDA 34134 NAPLES, COLLIER COUNTY, FLORIDA PHONE: (941) 947-1144 FAX: (941) 947-0375 DATE: DECEMBER 2003 DBA WING: C-1778-1 CERTIFICATE OF AUTHORIZATION NUMBER LB 51tH _"__·H____ ..AJ. ---~. , 88 f EXHIBI7': G PARCEL III-A A PARCEL OF LAND LOCA TED IN THE K£ST ~ OF THE K£ST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SECTION 3D, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHK£ST CORNER OF LOT 3 OF BRENTWOOD ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 38 A T PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE EAST LINE OF THE EAST ~ OF THE K£ST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SECT/ON 3D, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S 02:34'19" E. ALONG THE BOUNDARY OF SAID BRENTWOOD AND ALONG THE EAST LINE OF THE EAST ~ OF THE K£ST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30, FOR A DISTANCE OF 1,742.33 FEET TO THE SOUTHEAST CORNER OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30; THENCE RUN S 89:35'09" W. ALONG THE SOUTH LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 3D, FOR A DISTANCE OF 330.41 FEET TO THE SOUTHWEST CORNER OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S 89:35'09" W. ALONG· THE SOUTH LINE OF THE WEST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~OF SAID SECTION 30, FOR A DISTANCE OF 3D. 02 ÆET TO A POINT 3D. 00 ÆET WESTERL Y OF, AS MEASURED A T RIGHT ANGLES TO, THE EAST LINE OF THE VÆ"ST ~ OF THE WEST -j, OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30; THENCE RUN N 02:33'24" W. PARALLEL WITH THE EAST LINE OF THE WEST ~ OF THE WEST -j, OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECT/ON 3D, FOR A DISTANCE OF 1185.47 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF FLORIDA STA TE ROAD NO. 93 (1-75) AS THE SAME IS SHOWN ON THE STA TE OF FLORIDA STA TE ROAD DEPARTMENT RIGHT-OF-WAY MAP FOR STATE ROAD NO. 93 (1-75). COLLIER COUNTY, SECT/ON 03715-2401, SHEET 3, LAST REV/SED 6-26-13; THENCE RUN N 86"54'14" E. ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST LINE OF THE WEST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECT/ON 3D,' THENCE RUN S 02:33'24" E, ALONG THE EAST LINE OF THE WEST -j, OF THE WEST -j, OF THE NORTHEAST 5 OF THE NORTHEAST 5 OF SAID SECTION 30, FOR A DISTANCE OF 7786.81 ÆET TO THE POINT OF BEGINNING. JOB CODE: CWZ DRA WN BY: S. R SHEET: 3 OF 8 FILE j: 30-48-26 fl· GRAlJY MINOR ANfJ ASSOCIATE~ FA. EXHIBIT "e" - LEGAL DESCRIPTION CIVIL ENGINEERS - LAND SURVEYORS- PLANNERS A PORTION OF 3800 VIA DEL REY SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, BONITA SPRINGS, FLORIDA 34134 NAPLES. COLLIER COUNTY, FLORlIJA PHONE: (941) 94'7-1144 FAX: (941) 94'7-03'75 DATE: DECEMBER 2003 DRA WING: C-1778-j CERTIFICATE OF AUTHORiZATION NUMBER LB 5151 _____'·._n..______ --"'", _"~___w --- 88 EXHIBIT: G PAHC'.I'¿ ///-B A PARCEL OF LAND LOCA TED IN THE ~ST ~ OF THE ~ST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 3 OF BRENTWOOD ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 38 A T PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE EAST LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S 02'34'19" E, ALONG THE BOUNDARY OF SAID BRENTWOOD AND ALONG THE EAST LINE OF THE EAST ~ OF THE ~ST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30, FOR A DISTANCE OF 1,142.33 FEET TO THE SOUTHEAST CORNER OF THE EAST ~ OF THE ~ST f OF THE NORTHEAST £ OF THE NORTHEAST ~ OF SAID SECTION 30; THENCE RUN S 89'35'09" If. ALONG THE SOUTH LINE OF THE ~ST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30, FOR A DISTANCE OF 360.43 FEET TO A POINT 30.00 FEET WESTERL Y OF, AS MEASURED A T RIGHT ANGLES TO, THE EAST LINE OF THE WEST ~ OF THE ~ST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30, AND THE POINT OF BECINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S 89"35'09" If. ALONG THE SOUTH LINE OF THE WEST ~ OF THE ~ST ~ OF THE NORTHEAST ~ OF THE NORTHEAST £ OF SAID SECTION 30, FOR A DISTANCE OF 300.39 TO THE SOUTHWEST CORNER OF THE ~ST; OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST i OF SAID SECTION 30; THENCE RUN N 02'32'29" If, ALONG THE WEST LINE OF THE WEST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST i OF SAID SECTION 30, FOR A DISTANCE OF 874.13 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF FLORIDA STATE ROAD NO. 93 (/-'75) AS THE SAME IS SHOWN ON THE STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP FOR STA TE ROAD NO. 93 (1-75), COLLIER COUNTY, SECTION 03175-2401, SHEET J, LAST REVISED 6-26-73; THENCE RUN N 12'47'46" £, ALONG SAID SOUTHEASTERL Y RIGHT-OF-WA Y LINE, FOR A DISTANCE OF 108.10 FEET,' THENCE RUN N 5,..33'46" E, ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 334,11 FEET,' 77-IENCE RUN N 86"54'74" £, ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 0.57 FEET TO A POINT 30,00 FEET WESTERL Y OF, AS MEASURED AT RIGH T ANGLES TO. THE EAST LINE OF THE WEST ~ OF THE WEST ~ OF 77-IE NOR THEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30; THENCE RUN S 02'33'24" E. PARALLEL WITH THE EAST LINE OF THE ~ST ~ OF THE ~ST ~ OF THE NOR77-IEAST ~ OF THE NORTHEAST £ OF SAID SECTION 30, FOR A DISTANCE OF 1,185.47 FEET TO THE POINT OF BEGINNINC. AAfn JOB CODE: CWZ DRAWN BY: SE. SHEET: 4 OF 8 FILE j: 30-48-26 Q. CRADY MINOR AND ASSOCIATES, FA. EXHIBIT "G'I - LEGAL DESCRIPTION CIVIL ENGINEERS· LAND SURVEYORS· PLANNERS A PORTION OF 3800 VIA DEL REY SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, BONITA SPRINGS, FLORIDA 34134 NAPLES, COWER COUNTY, FLORIDA PHONE: (941) 947-1144 FAX.. (941) 947-0375 DATE: DECEMBER 2003 DRA WING: C-1778-1 CERTIFICATE OF AUTHORIZATION NUJlBER LB 5151 -~._"-- f 8B EXHIBff: G PARCKh IV A PARCEL OF LAND LOCA TED IN THE EAST ~ OF THE NORTHWEST ~ OF THE NORTHEAST ~ OF SECTION 30. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 3 OF BRENTWOOD ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 38 AT PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE EAST LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SECT/ON 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S 02'34'19" E. ALONG THE BOUNDARY OF SAID BRENTWOOD AND ALONG THE EAST LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECT/ON 30, FOR A DISTANCE OF 1,142,33 FEET TO THE SOUTHEAST CORNER OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECT/ON 30; THENCE RUN S 89'35'09" W, ALONG THE SOUTH LINE OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECT/ON 30, FOR A DISTANCE OF 660.82 FEU TO THE SOUTHEAST CORNER OF THE NORTHWEST ~ OF THE NORTHEAST ~ OF SAID SECT/ON 30; THENCE RUN N 02'32'29" W, ALONG THE EAST LINE OF THE NORTHWEST.~ OF THE NORTHEAST ~ OF SAID SECTION 30, FOR A DISTANCE OF 661.74 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST ~ OF NORTHWEST 5 OF THE NORTHEAST ~ OF SAID SECT/ON 30 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 89'34'53" If, ALONG THE SOUTH LINE OF THE NORTHEAST ~ OF THE NORTHWEST ~ THE NORTHEAST ~ OF SAID SECT/ON 30, FOR A DISTANCE OF 56,08 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF FLORIDA STATE ROAD NO. 93 (/-'15) AS THE SAME IS SHOWN ON THE STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP FOR STATE ROAD NO. 93 (/-75), COLLIER COUNTY, SECTION 03175-2401, SHEET 3, LAST REV/SED 6-26-73; THENCE RUN N 12'47'46" E. ALONG SAID SOUTHEASTERL Y RIGHT-OF-WA Y LINE. FOR A DISTANCE OF 211.86 FEU TO ;4 POINT ON THE EAST LINE OF THE NORTHEAST ~ OF THE NORTHWEST ~ OF THE NORTHEAST ~ OF SAID SECT/ON 30; THENCE RUN S 02'32'29" E. ALONG THE EAST LINE OF THE NORTHEAST ~ OF THE NORTHWEST ~ OF THE NORTHEAST ~ OF SAID SECT/ON 30, FOR A DISTANCE OF 206.39 FEET TO THE POINT OF BEGINNING. JOB COJ)E: CWZ J)RA fIN BY: S. B. SHEET: 5 OF 8 FILE #: 30-48-26 Q. GRADY MINOR AND ASSOCIATES, p.A. EXHIBIT "GII - LEGAL DESCRIPTION CIVIL ENGINEERS· £ANJ) SURVEYORS. PLANNERS A PORTION OF 3800 VIA DEL REY SECTION 80, TOIYNSHIP 48 SOUTH, RANGE 26 EAST, BONITA SPRINGS, FLORIDA 34134 NAPLES, COLLIER COUNTY, FLORIIJA PHONE: (941) 947-1144 FAX.. (941) 947-0375 DATE: DECEMBER 2003 DRA WING: C-1778-1 CERTIFICATE OF AUTHORIZATION NUMBER LB 5151 _.,...,~..- --,^.~~ - ,-_..- t 88 EXlUBJ1': G AND PARC£.l Y A PARCEL OF LAND LOCATED IN THE EAST ~ OF THE SOUTH ~ OF THE EAST ~ OF THE NORTHWEST ~ OF THE NORTHEAST 5 OF SEC710N 30. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 3 OF BRENTWOOD ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 38 A T PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE EAST LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SECT/ON 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S 02'34'19" f, ALONG THE BOUNDARY OF SAID BRENTWOOD AND ALONG THE EAST LINE OF THE EAST ~ OF THE WEST f OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECT/ON 30, FOR A DISTANCE OF 1.142.33 FEET TO THE SOUTHEAST CORNER OF THE EAST ~ OF THE WEST ~ OF THE NORTliEAST ~ OF TliE NORTliEAST 5 OF SAID SECTION 30; THENCE RUN S 89'35'09" W, ALONG TliE SOUTli UNE OF TliE NORTliEAST ~ OF TliE NORTHEAST ~ OF SAID SECllON 30. FOR A DISTANCE OF 660.82 FEET TO THE SOUTliEAST CORNER OF THE NORTHWEST ~ OF TliE NORTliEAST ~ OF SAID SECllON 30, AND TliE POINT OF BEGINNING OF TliE PARCEL OF LAND HEREIN DESCRrBED; THENCE CONTINUE S 89'35'09" W, ALONG THE SOUTH UNE OF THE NORTHWEST ~ OF THE NORTliEAST 5 OF SAID SEC710N 30, FOR A DISTANCE OF 192.68 FEET TO A POrNT ON THE SOUTliEASTERL Y RrGHT-OF-WAY LINE OF FLORIDA STATE ROAD NO. 93 (/-75), COLLIER COUNTY, SECTION 03175-2401, SHEET 3, LAST REVISED 6-26-73, TliE SAME BEING A POINT ON A CrRCULAR CURVE, CONCA VE SOUTliEASTERL Y, WHOSE RADfUS POrNT BEARS S 85'58'50" f, A DISTANCE OF 3,725.72 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG SAID SOUTHEASTERL Y RrGHT-OF-WA Y LINE AND ALONG THE ARC OF SAID CURVE TO TliE RIGHT, HA VlNG A RADIUS OF 3,725.72 FEET, TliROUGH A CENTRAL OF 08'47'1O~ SUBTENDED BY A CHORD OF 570.76 FEET A T A BEARING OF N 08'24'45" E. FOR A DrSTANCE OF 571.32 FEET TO THE END OF SArD CURVE,' THENCE RUN N 12'47'46" E. ALONG SArD SOUTHEASTERL Y RIGHT-OF-WArUNf, FOR A DISTANCE OF 106.08 FEET TO A PorNT ON THE NORTH UNE OF THE SOUTH ~ OF THE EAST f OF TliE EAST ~ OF TliE NORTliWEST 5 OF THE NORTHEAST ~ OF SAID SECTION 30; TliENCE RUN N 89'34'53" E. ALONG TliE NORTH LINE OF THE SOUTli ~ OF TliE EAST f OF TliE EAST ~ OF THE NORTliWEST ~ OF THE NORTHEAST 5 OF SArD SECllON 30, FOR A DISTANCE OF 56.08 FEET TO THE NORTliEAST CORNER OF THE SOUTH f OF THE EAST ~ OF THE EAST ~ OF TliE NORTHWEST ~ OF THE NORTHEAST ~ OF SArD SECTION 30; THENCE RUN S 02'32'29" f, ALONG TliE EAST LINE OF TliE EAST ~ OF THE EAST ~ OF THE NORTHWEST ~ OF TliE NORTHEAST ~ OF SAID SECllON 30, FOR A DISTANCE OF 667. 74 FEET TO THE POINT OF BEGINNING. LEGAL DESCRIPTION (BRENTWOOD, PLAT BOOK 88, PAGES 88 AND 84) COMMENCE A T THE NORTHEAST CORNER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 02'36'10· EAST, ALONG TliE EAST UNE OF THE NORTliEAST QUARTER OF SAID SECTlON 30, FOR A DISTANCE OF 111.03 FEET TO TliE POINT OF BEGINNING; THENCE CONTINUE SOUTli 02'36'10" EAST, ALONG SAID LINE. FOR A DrSTANCE OF 1,224.68 FEET; TliENCE RUN SOUTH 89'35'09" WEST, ALONG TliE SOUTH LINE OF TliE NORTHEAST QUARTER OF THE NORTliEAST QUARTER OF SAID SECTlON 30, FOR A DrSTANCE OF 660.82 FEET,' THENCE RUN NORTH 02'34'19" WEST, ALONG THE WEST UNE OF TliE EAST HALF OF THE NORTliEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECllON 3D, FOR A DISTANCE OF 1,142,33 FEET TO A PorNT ON THE SOUTliERLY RIGHT-OF-WAY LINE OF rNTERSTATE 75 (ACCESS ROAD)(PARCEL lO5.1-NDFAP); AS DESCRIBED IN OFFfCIAL RECORDS BOOK 365 A T PAGE 408; THENCE RUN NORTli 86'54'14" EAST, ALONG SAID UNf, FOR A DISTANCE OF 68.57 FEET,' THENCE RUN NORTli 87'44'01" EAST, ALONG SArD LINE. FOR A DISTANCE OF 99,57 FEET,' THENCE RUN NORTH 0275'59" WEST, ALONG SAID UNE. FOR A DISTANCE OF 60,00 FEET TO A POINT ON TliE SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 75 (PARCEL 105.1R), AS DESCRIBED IN OFFfCfAL RECORDS BOOK 365 AT PAGE 408; THENCE RUN NORTH 87'44'01" EAST, ALONG SAfD UNf, FOR A DISTANCE OF 491.25 FEET TO THE PorNT OF BEGINNING; CONTAINING 18162 ACRES, MORE OR LESS. JOB COlJE: CWZ DRAWN BY: s.B. SHEET: 6 OF 8 FILE f' 30-48-26 Q. GRAIJY MINOR AN]) ASSOCIATES, P.A. EXHIBIT JleJl - LEGAL DESCRIPTION CIVIL ENGINEERS· LAND SURVEYORS. PLANNERS A PORTION OF 3800 VIA DEL REY SECTION 3D, TOWNSHIP 48 SOUTH, RANGE 26 EAST, BONITA SPRINGS, FLORIDA 34134 NAPLES. COLLIER COUNTY, FLORIDA PHONE: (941) 947-1144 FAX: (941) 947-0375 DATE: DECEMBER 2003 DRA WING: C-1778-1 CERTIFICATE OF AUTHORIZATION NUMBER lB 5151 --.-..--..- ...-"-......-..,.-,-'''.---.....- ._" ¡ 88 I , EXHIBIT: G LEGAL DESCRIPTION (JlALIBU LAKE) A PORTION OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N 02"36'10" W, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30, FOR A DISTANCE OF 30,02 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 89'35'43" W FOR A DISTANCE OF 787.19 FEET; THENCE RUN S 44'35'43" W FOR A DISTANCE OF 282.59 FEET; THENCE RUN S 89'35'43" W FOR A DISTANCE OF 613.90 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF -WA Y LINE OF INTERSTATE NO, 75 (A VARIABLE WIDTH-LIMITED ACCESS RIGHT-OF-WAY); THENCE RUN THE FOLLOWING FOUR (4) COURSES AND DISTANCES ALONG SAID EASTERLY RIGHT-OF -WA Y LINE; COURSE NO.1: N 00 '28'57" W, 170.00 FEET; COURSE NO.2: N 00"27'59" W, 784.05 FEET; COURSE NO.3: N 03'29'11" E, 519.65 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S 86'28'51" E, A DISTANCE OF 3725.72 FEET THEREFROM; COURSE NO, 4: NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3725,72 FEET; THROUGH A CENTRAL ANGLE OF 00'29'26", SUBTENDED BY A CHORD OF 31.89 FEET AT A BEARING OF N 03"45'52" E, FOR AN ARC LENGTH OF 31.89 FEET TO THE END OF SAID CURVE; THENCE RUN N 89'35'09" E FOR A DISTANCE OF 1514,32 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30; THENCE RUN S 02'36'10" E, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30, FOR A DISTANCE OF 1305,70 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 50.261 ACRES MORE OR LESS. LESS AND EXCEPT THAT PORTION CONVEYED TO WCI COMMUNITIES, INC. BY WARRANTY DEED RECORDED IN OFFICiAL RECORDS BOOK 2754, PAGE 2946, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE N 02'36'10" W, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30, FOR A DISTANCE OF 30.02 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 89'35' 43" W FOR A DISTANCE OF 60.04 FEET; THENCE RUN N 02'36'10" W FOR A DISTANCE OF 1305.68 FEET; THENCE RUN N 89'35'09" E FOR A DISTANCE OF 60.04 FEET TO AN INTERSECTION WITH 111E EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30; THENCE RUN S 02'36'10" E, ALONG EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30, FOR A DISTANCE OF 1305.70 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 1.798 ACRES MORE OR LESS JOB CODE: CWZ DRAWN BY: s.B. SHEET: 7 OF 8 FILE #: 30-48-26 r¡ CRAIJY MINOR ANIJ ASSOCIATES, P.A. EXHIBIT /JG" ,.- LEGAL DESCRIPTION CIVIL ENGINEERS - LAND SURVEYORS- PLANNERS A PORTION OF 3800 VIA DEL REY SECTION So, TO IYNSHIP 48 sourH, RANGE 26 EAST, BONITA SPRINGS, FLORIDA 34134 NAPLES. COLLIER COUNTY. FLORIDA PHONE: (941) 947-1144 FAX: (941) 947-0375 DATE: DECEMBER 2003 DRA WING: C-1778-1 CERTIFICATE OF AUTHORIZATION NlJj{lJER LB 5151 -..--..-- _._~ 88 EXHIBIT: G LEGAL DESCRIPTION (TARPON BAY, PLAT BOOK 86, PAGES 28-81) BEGIN A T THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA; THENCE RUN S 89'35'08R W, ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 30. FOR A DISTANCE OF 1287.09 FEET TO AN INTERSECTION WITH THE EASTERL Y RIGHT-OF-WA Y LINE OF INTERSTA TE NO. 75 (A VARIABLE WIDTH-LIMITED ACCESS RIGHT-OF-WAY); THENCE RUN THE FOLLOWING THREE (3) COURSES AND DISTANCES ALONG SAID EASTERL Y RIGHT-OF-WA Y LINE; COURSE NO, 1: N 19'02'16" W, 110,50 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCA VE NOR THEAS TERL Y,' COURSE NO, 2: NORTHERL Y, ALONG THE ARC OF SAID CURVE TO THE RIGHT. HA VlNG A RADIUS OF 7477.44 FEET. THROUGH A CENTRAL ANGLE OF 18'17'4S~ SUBTENDED BY A CHORD OF 2377,58 FEET A T A BEARING OF N 09'37'18" W, FOR AN ARC LENGTH OF 2387. 71 FEET TO THE END OF SAID CURVE; COURSE NO, 3: N 00'28'S7R W, 46.73 FEET.' THENCE RUN N 89'35'43" E FOR A DISTANCE OF 613.90 FEET.' THENCE RUN N 44'35'43R E FOR A DISTANCE OF 282.59 FEET.' THENCE RUN N 89"35'43" E FOR A DISTANCE OF 727.15 FEET.' THENCE RUN N 02'36'70" W FOR A DISTANCE OF 1305.68 FEET.' THENCE RUN N 89'35'09" E FOR A DISTANCE OF 60.04 FEU TO AN INTERSECTION WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30; THENCE RUN S 02'36'10" E, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30, FOR A DISTANCE OF 1335.72 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 30; THENCE RUN S 02'34'39" E. ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 30, FOR A DISTANCE OF 2669.84 FEET TO THE POINT OF BEGINNING; CONTAINING 93,098 ACRES, MORE OR LESS. NOTES: ,. BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA, AS BEING N 89'34'36" é. 2. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESER VA TlONS AND/OR RESTRICTIONS OF RECORD, J. IMPROVEMENTS OTHER THAN THOSE SHOWN HA VE NOT BEEN LOCA TED, 4. DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. , 5. THE FIELD WORK FOR THIS SURVEY WAS COMPLETED ON 12/02/0J. 6, THIS LEGAL IS NOT COMPLETE WITHOUT SHEETS 1 THRU 8, 7. EASEMENTS WERE NOT SUPPLIED DURING THE CONDUCTING OF THIS SURVEY; THEREFORE THERE MA Y BE EASEMENTS ON THE AFOREMENTIONED PROPERTY ) WHICH ARE NOT CONTAINED HEREIN. 8. OVERALL PARCEL AREAS: ~ CRESTWOOD: 8. 172 ACRES ± MOCAKE: 8.596 ACRES ± PARCEL IV: 0,133 ACRE :i: ;. PARCEL V: 2.054 ACRES ± ) BRENTWOOD: 18.162 ACRES ± ) MALIBU LAKES: 48.461 ACRES ± TARPON BA Y: 93.098 ACRES ± OVERALL: 178.676 ACRES ± " Q, GRADY MINOR AND ASSOCIA TES, P.A. ! SIGNED I Z -9 - 04- J A~S~ .J ' P.S,M, #6408 STA TE OF FLORIDA " ) JOB CODE- CWZ DRAWN BY: 8.R SHEET: 8 OF 8 FILE #: 30-48-26 i GRADY MINOR AND ASSOCIATES, FA. EXHIBIT IIGII - LEGAL DESCRIPTION f ~ ENGINEERS· LAND SURVEYORS· PLANNERS A PORT/ON OF 3800 VIA DEL REY SECTION 30, TOrfNSHIP 48 SOUTH, RANGE 26 EAST, BONITA SPRINGS, FLORIDA 34134 NAPLES. COI1lER COUNTY, FLORIDA : (941) 947-1144 FAX: (941) 947-0375 DATE: DECEMBER 2003 DRA WING: C-177B-l CERTIFICATE OF AUTHORIZATION NUMBER LB 5151 ü .--_. -~---- "---.'" ~ ! ; 8 8 ~ !:I~ ¿ i >. ~::! ~ ~ ~ 0;; ¡¡; s = ~ ~~~ ~ I '" :::ì o:::¡ I ! Q ð"8 ~ § : CI\ ~~.. " t ;:¡ I ~~3 ., ~ ~ ::z; . ""fó!8 ~ i!~ ~I ~::.:: "'1 ,,~ ~ ð'~ . ¡:: 5 I~ I: I; ~ g~ R! ., II; .... >: "i !I _~ ~ ~ ~ " ~ Iii! ~ ,,= is It I Iio !:j :5 I i r - ~ :! . i ~ h= .. ..... J Ii U II fib !i!S!U! ~ I In II~ I Ut I !~I i ;!;¡!!fU~ ~. ~~~I , Ë II I ! ¡Ii ¡lii¡ÞI ! I ;il:1 '. .. II ~..~. .. 9;:~~ ~.'I.l' . - - - . 81~¡~ I~ titl! If ~" ::... I~t! I~! ~:i1tlì ~ ~II .... "å I ~ ~¡ ! il ."'"~ ~.j.... ~. 'ij8 "- ~ ~;' . -I ; ~i I ¡ ';¡t~ :c:;¡ , ~ iii. .. ¡;:~ . , ~ \", 0 ~~ J; II ill u~ ·····~~f' ..,.. . .......~ -, ~ : ! Ii I ; ! i i~ III ~ a ~ ~ 1;¡ ~ . I!~ II ~ Ihi hi" I~ I Ii e ~ ~f:!" . .~!'n ~'I d ,¡, ¡¡~~ Q!'" ! ..¡. ~¡ R~ S" 'q :0: ~ I. II 5 Ii! · .~! ~¡ B I ~ .,.... ~ = ;¡ I t Iii! ~ ~ ~s~ ~ ! ~ I~ ~ i ( g~I!II=1 I~ ! ! ! f!!iI ! !I ~ i DU1 _"" o ~ 0 §: §~ ¡ ~h ~~ ... 1"01= gt; ~g¡ ~!i! 10:1 c.¡{¡ ~ =10:1 ~~ tt: I ....-..... .-..... .,' ....._-'-- ". ,...... "--. ....... .......... ............... .........,., '<,-.;, i " ,,- 104 ..m .... ..... ....... V'I'V g. :.l'.:~~'9!:Jl/?!i:::.·,Z133H~.'O,^¡).' 8{'H-f/ ¡",- J\O'^P\^~'VaNn08 llVtJ3M)' ^ '" 8., NOdtJ'V 1 \Sl~.: o,d' SOMP\:8 -.-..------- ~ 88 ---- r1 I ~ ~ Þ. Ii ¡ !'I I ~~f i ,~ ò or ~ ~ ~ ~II i ~ =1 i ~ I jj r..¡ <'I I>j .r.~ ~I I~ I' HI I~p II" ~ ¡ ! ¡o! ~ ~I nl II~fh II.. %, .. II ~I~~;I :~ I co ~, ..... ~ ~ R i h d Ii I ~ . JIIf" :I - - - - g @~ E I . I Co " Q8 I: :<~I I ¡!il f , . I _ _ 1-11 'UZ1IIY4 , .'w__..._........---.. r-m $lD¥rcl ".. I ,~I . ~ f :: ¡¡¡ " . 1111 ~ ~ , : i .....ff'J.W'Ii....~ &411......,,1 HOW ......' .II:IIJ,Ø."~"".,B..",,., - ",."."" dJI'Jao' mw ~ G4 c.r A 'lr.nlY4 ,.~ ¡ I; ~t ~~ wi I IJ I - 0" . :'r::r I ~ I. ~ :t¡ :~IIII .,11'1 ji ¡¡III ¡ .' lþ I ~ ~ ~!!iI!l¡dl,ldi..!!lI,IIII!m¡¡!!gl,1 ISa!nh~.dsD~MI! U~dš!~~ ~~ .)(11..+. .01-.4IIiI -'.- -~--'---- ~ ä ~ 88 ~ "r ~~ ~:~ ~ I ~ I j ~~( I è8 of II¡ !$! ~ ..II B ~ :1 i ~ÐII S I ~ ~I I! B· I ~ i~1 ~ _ ,,"rørA18 ¡!;I/! /111//4" ~ ~I nl , F/A1_~_ØNÐ. I I I ~ .,,¡.~ I I I I /JJ114 UJrr7 't I I Eo. I ~ ~-----o¡_~~--- --------~----------------------------- ~ I ""_._..... !l (; r øsrIllCII'H_"...--~!:I I _ II 8 i ""-"-- Ie' . ~ . ~h I f i ~ :wi' .. ::: ~ !' .., .. ... ~ .. ~ '" '" I t N ør.H~,' r t/4UJ' ( !:I ~ ~ '" ~ .. ::: .. ~ '" .. ~l , '" .. ¡ .. .. , i ¡ I ¡ i ¡ æ:1I I --......-... !!¡~ ! j tI: f:¡ ~ ._--"'~- ------ ~ 88 ä HJ._ ~IHO ~ .. t AWNO<IIiY./. ~ it ø a ~ til I ~If ¡ ~I:I ....~=::r . -. """ .J"",81 7 Ji~ I C'\J It¡ ~ a i ~f i ....... ~ I ~ I!! ~I i~ ..~ I' HI ~ It h j ~ ~.I , ....... ~~; I ! ;U~ Ib~ ~.. ~II ~I . ~ 2~ :~ I ~ "t- ....... t ð ) 'N :JnN3-1 r OIØ& ëì)::J -If5~ 0) 23~(¡¡ ~ ~ ~ itQa 't.I ~ . >::~K i l!J Ii ~ t-..<:t-.. ! io !'> (Sa f ....... ~ ~ -..J<: ~ìI:~ "" :s ~~ " O::¡ "'..<::. "S g o! ~ ~ ~ ~ .. ~ J«W;J"Â&'DW«I i:!;...'" ~I; 13"'~ '0 ~~d .~9'099 ~~~ ....... ,g~"t.t ~ 3 .60,l1r.69 N (§ t;:: ,,' ,Zr'tll1\ 3 .60,.r.69 N @ ~~ I~ ~ "77 'sH:JNiNI1'c/ aNÞ? (J()QfIjN:Jb'B :¿¡;¡Nl/O !3" .... (;{"-rr S:¡:;'I'c/ !7r)(()()o l'l'kI) ~ (lOOÆJ,N399 ~ ....... b:: ~;¡ . . I ~~ tIt':tB'4IJ*"" 31tRJOM1w --~._...- --~- J ~~% 88 ail ::.: t;t I; -..:~If È ä ., ...:¡ I ¡ .. -' ~ ~ ~ l ~ II B .OB·rlg M .I:t ,!/r.B!! S I ~Ir I ~ I~ ~ ~III i ;1 I !~ r.i ~ S t1 d ~ ~I f~ WI_ I e i -: P ~:II ï 81 ¡~;I !! ~I nl 0) <:>;.~ I ~ li3' 10 0) g a::.. ~ tJ)i "is m 01 lei !!' " ~ S" ~::; g z i:iCi ~ I~ ~ ..., 0) ~ co I r.¡ ::.: I 81 ...; o..;¡ ~ , l...J '-J ~ lJa1ØfIQ NtWYÁØSNO:J V) Q!'£ e e ,1IZ:'v!;V1 h... ,z:r'vI91 . 0.9£. II 3 ,60.9£.611 N ~ f JI~ .. - -.. - - ~__n_ .-- - . 8B. ~ I ~ § " Ë tI:I I ¿ þ.., g ~.. ; 'Ii ¡ ---.,~ 'j ~ "I ~ _ .~. 8 ~ i ~ . ~ .11 ~ I ~ 50000 8 """III R "<; &8 t~ Ii. ql @¡ hI ~I ¡!al n . 8 ¡~ 18 I~ ; I _~ I ··1 I J """g I I I , ~ : I 1!! ' I '" ;¡ IJ I ' ¡¡; 12 /I ,.. , I; ,'" f I , i ¡¡ill ~ 1XX.fIØ..'ita.'fljTATE$ ¡~ ' ~ ~ I' '!Ii "",,;¡¡¡l-...... !¡¡~ ' 1-. I I /I . ~~ I I ~~ I I 1.4.1 -·i ---- !!~~ " I:! .. I I I I , I , I , I , I , ;¡ , , ¡¡; I.. , ~ I ~ II 14 ;¡ 17 '6 /5 l!!ill ¡¡; ,~-, I; I I ' I I ~ I I :¡ I , $ VZSID. [ I I, &K cr NU: af SØIJI..... lm,1I' __·,;¡¡;¡¡¡;rf___l~I----...E!f!,"--J8Ç!.x_J fC'. . jIU1&.u:.,JIL,C:1ItJ H D2'J6~rr W IJfI!.Ø' ~ ~ ~ ¡¡¡ ~ -"...- ---z ~\I 8L -- .... .Ii Ii! .. .. I - 'b ,- Ii \~ \ I I . I ~,¡ ii J I :. II' I¡r, bl Ib "t II:!I II i~i ~ ¡ ~I I II I ," I I : I~ I Ii! ; i i f ( , 'm/ "I .. it '" ------------ ------------- ,--.- .- --. .... - - ~-- ~:~ I I 88 I I I _8 I I I I - I I ¡ . I I m:¡¡; .. I I ~d ... '. ,I .. I!i I III ... I .. ..I ~ ... I~ I I I I I , I ø:II:.T I I l/IIIUI' . ...... .. ill' . . .."" r i '. ~ ~ r J~ ..,. ~';\ ¡II 1- . ¡;;:JI .., i . . ,.. i i ......'¡jiiif-d...,iJ" 1 5 ¡ .. i ~ ' N ¡!J 1/ ~ f...; .,., ¡ (' i ! i ! i ~,.._,. ,.._, -,,~,~_."~- 88 . --- -- --- -- - - - -- -- - ----- - ----- . Garden CenIør _If, e" il:S r: I ~ 8~ r SI¡¡ " ::0 C ¡j - 't- (,> I ;{ I I I !:¡ ~ I š:: I 0 I If -------- ~ I r- m m r.:1 :;u ~ ¡f r.: ¡ I. I - -- -- -- ,.. - - ~ - - - -- ----- I f I ExhIbit "I" ~ - . KI:Ø" 3OS. MERIDJANSlREET Mallbu Lakes PUD SUITE 1100 INDIANAPOLIS. IN 46204 317-577-5000 FAX 317-577~ --,..- -- 02/2~/2005 08:47 FAX 3175777879 KITE CONST ~OO2 8E . EirÞtrl- ~f' I· T DECLARATION OF DEVELOPMENT COMMITMENTS This Declaration of Development Commitments ('''f)ecl::rrntion'') is made and entered into this 21st day of Febnwy, 2005, by Brentwood Land Partners, LLC (''Develnper'') by and on behalf of itself and Target Corporation in favor of Oakes Estates Advisory, Inc. and Tarpon Bay Homeowners Association (col1ectively, the "A!'I!'Inc1~tions"). WITNESSETH: WHEREAS, Brentwood Land Partners, LLC and Target Corporation (collectively, the "Owners'') are the owners of certain rea) estate located at the southeast comer of 1-75 and hnmokalee Road in Naples, Florida (the "Real F!'Itate"); and WHEREAS, Developer is planning to develop the Real Estate into a retail shopping center anchored by a Super Target store (the "r.entM""); and WHEREAS, Developer desires to make certain commitments to tbe Associations with - respect to the development of the Rea) Estate. NOW, THEREFORE, Developer hereby makes the following commitments to the Associations: ¥ Devel TheD oper will not open for public business any portion of the Center other than the 'stin ArnSouth Bank before 03/01/06. However, building, training and 5to "ng ofbu 'nesses shall be permitted. The Developer and Owners will request the lier County ransportation Department to accelerate the funded design-build roject for six ) widening of Immokalee Road east of 1-75. Developer will cooperate with the ollier County Transportation Department on a solution for congestion at the 1-75 a Immokalee Road Interchange. 2. Associations' request that Target (Developer) pro"pide the land needed to build the cloverleaf allowing access from eastbound /mmokalee to northbound 1-75. Developer's Commitment: The Developer and Owners have revised their PUD document to restrict development on 1.68 acres of the proposed Center to allow for the construction of an eastbound Immokalee Road to northbound 1-75 loop ra.mp, The proposed ramp is addressed in Section 5.9 "1-75 Ramp Improvements" of the Malibu Lakes PUD Amendment. Page 1 of 4 " ._"- -~..._. ~--_.. 02/23/2005 08:48 FAX 3175777879 KITE CONST @OO3 88 . 3. Associ est to retain the existing traffic signal at lmmokalee Road and Oakes Blvd. ~ 4. Associations request to add a new right-in from lmmokalee Road into the Target shopping center (if permitted by the Florida Department of Transportation). Developer's Commitment: The Developer will petition Collier County and FDOT to permit a right-in from Immokalee Road into the Center. This access request shall be for right-in only, 5. Associations' request that no widening or expansion of Tarpon Bay Blvd occur past th.e south property line of the Center. Developer's Commitment: The Developer has submitted Tarpon Bay Blvd. Road hnprovement Plans showing additional right of way and travel lanes on Tarpon Bay Blvd, :from Immokalee Road to the south property line of the shòpping center, No additional road widening wiU take place by the Developer under the submitted plans. The Developer wilI work with Collier County to approve the plan limiting the road widening along Tarpon Bay Blvd to the north of the project's south property line. 6. AssociaJions' request that written and officially recorded restrictions on hours of operation, truck routes (prohibit Oakes Blvd.) and nature of business tenants. Developer's Comuùtment: The Developer and Owners will restrict the hours of operation of the Super Target and Junior Box Stores, defined as a single tenant over 10,000 SF. The hours of operation, defined as hours open to the public for business, shall be :from 6:30 am to 12 pm (midnight) Monday-Sunday. Outlots shall have no restrictions. Deliveries fOT all Center tenants shall occur between the hours of 6:30 am and 10:00 pm Monday - Sunday. Developer shaH restrict delivery traffic to prohibit delivery traffic :from using Tarpon Bay Boulevard south of the Center. 7. 'Associations' request that no shopping center signage shall be lDcated on Oakes Blvd. or Spanish Oakes. Developer's Commitment: The Owner and Developer win not install any Center signage on Oakes Blvd or Spanish Oakes Blvd. Page 2 of 4 ..-- ~_.'~-''',--,---- "'-------..--... 02/22/2005.08:48 FAX 3175777879 KITE CONST ~004 8 8 8. Associatio,lS request t'O provide upgraded sizes of landscaping. Developer's Commitment: Developer. will commit to install larger landscape in the required landscape buffer yards along Immokalee Road and Tarpon Bay Blvd. The Developer will install required canopy trees at 14ft to 16ft in height along the Immokalee Road and Tarpon Bay Blvd. The Developer has added this commitment to Section 4.4 Development Standards Letter cT' in the PUD document. 9. Associations' request that Target (Devel'Oper) t'O pay to rel'Ocate the Tarpon BaylMalibu Lakes sign fr'Om its current locatwn. Developer's Commitment: Tbe Developer will commit to leave the existing Tarpon Bay/Malibu Lakes sign at the existing location in the Tarpon Bay Blvd. median, 'DC - 'Dna' request that the C'Ounty t'O sUpp'Ort the reclassificati'On 'Of Oakes Blvd as a .,£ res e tial road witl, 35 MPH speed limit D eloper's Commitment: Thi is a County issue. The Owners and Developer have no position on the Oakes Estat Advisory Inc. ' s request to reclassify Oakes Blvd. as a residential road. ~ De oper's Commitment: D e er win request the Collier County Transportation Department review the . terse 'on of Tarpon Bay Blvd and the Malibu Lakes Apartment Complex drive for a stop Sl warrant. Provided the warrant conditions are met and approved by Collier Co ty, the Developer shall install stop signs at the intersection prior to the opening of e Center. 12. ASS'OciatiOlfS' request that Target (Developer) or tile County to pr'Ovide additi'Onal traffic calming at the neighhorlt'Ood park 'On Spanish Oakes. <f Developer's commitmen~~-k . Developer wi1l ttfe'Jy~dv:ll , <uð:- the installation of a crosswalk: and flashing indicator signage for a pedestrian crossing at one location on Spanish Oakes Blvd. The proposed crosswalk must be approved within (2) years of PUD approval. The crosswalk location and signage will be subject to the approval of the Collier County Transportation Department. Page 3 of 4 -~~, . .-.,.~- -"--.---............ ____,_'.'_'n 02/22/2005 08:48 FAX 3175777879 KITE CONST ~OO5 88 13. Associations' request that no additional bridges shall be constructed over the existing canal that wûl connect Taìpon Bay Blvd. And Oakes Blvd. Developer's Commitment: The Owners and Developer will not request the construction of any new bridge over the canal east of Tarpon Bay Blvd, 14. Associatio'ns' request, ifrequired at any time in the future, Target (Developer) tolund a new light at Oakes Blvd. And Spanish Oakes Lane. Developer's Commitment: The Owners and Developer will fund its proportionate share of the installation of a traffic signal at this intersection if traffic from the Center creates the. need for a signal and provided that installation occurs within (5) five years of the approval of tbe PUD ordinance. Developer has performed a Traffic Impact Study that models the proposed Center that does not warrant a signal be installed at this intersection. 15. Associations request that Target (Developer) to provide a bufferlbarrier to shield Oakes ESÚltes residents across the canal from headlights as patrons leave the s/Iopping center parking lot. Developer's Commitment: The Owners and Developer will install and or maintain a continuous landscape barrier similar to shrub or hedge row along the east right of way of Tarpon Bay Blvd. to provide screening from traffic. IN WITNESS WHEREOF, Brentwood Land Partners, LLC has executed and delivered this Declaration of Development Commitments as ofthe day and year first written above. BRENTWOOD LAND PARTNERS, LLC, · . are limited liability (y B~ ¿ Paul W. Kite, member Page4of4 ,-_.-_.~.., ~·__._ø ._--,..> --~.--_. 8E STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-10 Which was adopted by the Board of County Commissioners on the 22nd day of February 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of March, 2005, .,,~ _.~:~~~..~t... :-\ '.'''., -..,' I'l\i£ ;1;. ~" ", - ~CI ,1#'''''. . I, ~;- -"~j\ ....:~.:~'!f~,;:~.~~... DWIGHT E. BR,O<~...: "~"~;~~~'" ~ ":" Clerk of couJ:',ts,~~ç.)!E\rk'.·,~; " . . ,,,) ~ 1......"'tÇÇ j,:"' , :i~ ~ ' Ex-offlCl0t~ :~olt~,::o~':'~~ ""::1 ~ ,..... ,. ~~G, .:",\'\ ,?tI" .::b ... County Comml~~1~I)é.L,:Sj/'¡;~.i~9: ~ : ~ Q ~. 1~·'::l\;~.'·~ .- ~ ..; , #. ':"',.\" . ~' ~ ,,,. . ...., . 'r' '" ,. . "'. , , .' 'J..:'\ . '. ,,, ....... 9¡.'" ..~. " I '1" . ~ ..:~~" y: Heidi R. Rò~g~~".~,..·' "'"'' . , Deputy Clerk ¡ ,:' "·__.n·_ ..... w"....''''_~._..''.._.~,.,,,~~-.,,.____'''',-......_,.. COLLIER COUNTY FLORIDA 8C REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) ********************************************************************************************************* Originating Dept/ Div: Cornm.Dev.Serv,lPlanning Person: Mike Bosi p1~ 1) Date: l ~1-.' 0'; Petition No. (If none, give brief description): PUDZ-2004-AR-601S, Triad PUD Petitioner: (Name & Address): RW A, Inc" Dwight Nadeau, 3050 North Horseshoe Drive, Suite 270, Naples, FL 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Palm Springs, LLC, Attn: Oliver Pfeffer, 6535 Nova Drive, #106, Davie, FL 33317 Hearing before BCC BZA Other Requested Hearing date: Februarv 22. 2005 Based on advertisement appearing IS days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDZ-2004-AR-60l5. Palm Springs, LLC, represented by Dwight Nadeau, of RWA, Inc. and R. Bruce Anderson, of Roetzel & Andress"requesting a rezone from the C-l zoning district to the PUD zoning district to be known as Triad PUD Planned Unit Development which will include a maximum of 140 multi-family residential housing units. The property is located on the north side of Radio Lane, east of Palm Springs Boulevard, in Section 34, Township 49 South, Range 26 East, Collier County, Florida, consisting of 10.75± acres. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113-138312-649110 )e~ Y£}u;u~ Yú ßS_APpmved by, . epartment Head Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A, For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ****************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: ~ Date of Public hearing: "Y/ d-~05 Date Advertised: ).( (., I fF) .---..--."'--- .- ------ -~--- --..---."- 8C ORDINANCE NO. 05 - 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 WIDCH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA TO AMEND THE APPROPRIATE ZONING ATLAS MAP OR MAPS AND CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM THE C-1 ZONING DISTRICT TO THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO BE KNOWN AS "TRIAD RPUD" WHICH WILL INCLUDE A MAXIMUM OF 140 MULTI-FAMILY RESIDENTIAL HOUSING UNITS LOCATED ON THE NORTH SIDE OF RADIO LANE, EAST OF PALM SPRINGS BOULEVARD, IN SECTION 34, TOWNSIDP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10.75± ACRES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau, ofRWA, Inc., representing Palm Springs, LLC, petitioned the Board of County Commissioners to change the zoning classification of the subject real property as part of Petition PUDZ-2004-AR-60 15. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the subject real property located in Section 34, Township 49 South, Range 26 East, Collier County, Florida, as described in Section 1.2 of Exhibit "A," the "Triad RPUD" PUD Document, attached hereto and incorporated by reference herein is changed from the C-l zoning district to the PUD zoning district to be known as the "Triad RPUD Planned Unit Development." The appropriate zoning atlas map or maps; as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super majority vote of the Board of County Commissioners of Collier County, Florida, this day of ,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk FRED W. COYLE, CHAIRMAN PUDZ- 2004-AR-6015/MB 8C. " TRIAD RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING TRIAD RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: PALM SPRINGS, LLC 6535 NOVA DRIVE # 106 DAVIE, FLORIDA 33317 PREPARED BY: U·".,··:···'·'3I···· f/J".!J:...d'~.~~: - .. .. ", : .. ,... . ~: , .:. ; . . .. . - '. - v . '_ ,'. ~ _.~~~~ .;.'~:~::.~., 3050 NORTH HORSESHOE DRIVE SUITE 270 . NAPLES, FLORIDA 34104 and ROETZEL AND ANDRESS 850 PARK. SHORE DRIVE TRIANON CENTRE- THIRD FLOOR NAPLES, FL 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Exlu"bit "A" , ()·\?nnð.\M_Mln M T"¡.II VPTm 7nn;nø\f\nn':l VÞ7nn;.,,,\T";AII VPlm n.... 1_?n~M ('1 PAN II...,. -'.~-~-~._-_._-^._~.~.-....._"_...._-,~".,.",..._.- "-...... . . ,...-...----.-----., .8'C TABLE OF CONTENTS ¡ List of Exhibits, Tables and Appendix 1 Statement of Compliance n Section I Property Ownership and Legal Description 1-1 . Section II Project Development Requirements II-I Section ill Residential Development Standards ill-I . Section N Recreation Area N-I Section V Preserve Area V-I Section VI DevelOpment Commi1men1s VI-I -....,..---. -~. .. , . ()'\?004\04_0010 no T";Atlllpnn 7n.,¡.,Ì>\l\OO'¡. Ih..n.,i.,oIT";ø.tIlPTm n"" 1_?0.J14 f'T PAN 1'1"" . "_"'~_~"'_m._",._.__ . ~ """'~''''~''''-'''''''''~-"~'''.".._. "" '_n __,_', _,....~___,~_,.....,,_...,,_._._".__.,..__ . _..._.c_"..".""_.,_,_.__,...._,,~.____..__.."_.__ 8C. LIST OF EXHIBITS. TABLES AND APPENDIX EXlDBIT "A" RPUD MA.S1ER PLAN EXHIBIT "B" BOUNDARY SURVEY EXHIBIT "C" VICINITY MAP EXlDBlT "1)" PUBUC F ACILlTIES MAP TABLE I PROJECT LAND USE TRACTS TABLE II DEVEWPMENT STANDARDS APPENDIX "A" TYPICAL CROSS SECTIONS i . n·I?0t\4i10.4_MI0 no T";_'¡ RPTm 7nnino\no07. 1l....nninalT";_'¡ IlPTlO 0"" 1_?0..1\4 {"'J "A'N"'¡"" . .....-- e.····_·__,·" «'_0, '" ~""'''''--''''--''' aG. STATEMENT OF COMPLIANCE The development of approxllriately 10.75 acres of property in Collier COlmty, Florida as a residential pIaimed unit development to be known as Triad RPUD will be in complianCe with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). The residential uses and recreational fàcili1ies of the Triad RPUD are consistent with the growth policies, land development regulations, and applicable comprehensive plarming objectives of each of the elements of the GMP for the following reasons: 1. The subject property for development is within the UIban Mixed Use District/Urban Residential Subdistrict as öentified· on the Future Land Use Map as provided for in Objectiv~ 1 of the Future Land Use Element (FLUE), and the uses contèmp1ated are consistent ther.ewith.. 2. The project is proposed to be a reSidential development located ·less than one mile :&om a designated Interchange Activity Center (Activity Center # 9). The Density Rating System of the FLUE provides for a four (4) dwelling unit per gross acre density bonus when a proposed project is within one mile of an Activity Center. Under the FLUE Density Rating System, as àn incentive to convert commercial zoning which is not consistent with the locatiODa1 requjreQJents set forth in the FLUE, a density bonus ofup to 16 units per acre may be granted for conversion of such vested commercially zoned properties ftom commercial to residential use. The subject ,site consists of 10,75 acres, which, when multiplied by the conversion density factor of 16 units per acre, would allow for up to 172 dwelling units. The PUD allows for a maximum of 140 Dwelling units. The proposed density of the Triad PUD is 13.02 units per gross acre, and is therefore consistent with the FLUE, Policy 5.1 of the Collier GMP;. Inclu.ding the increased density based on the conversion ~f commerciaI zoned property, 3. The development of the Triad RPUD will result in an efficient and economical extension of COI11DIUlÛty fàcilities and services as required in Policy 3.1.g, of the FLUE. 4, The Triad RPUD implements Policy 5.6 of the FLUE in that more than 6()O!c> of the project will provide üseaJ,le open space, or lands reseIVed for co~tion purposes. 5, The native vegetation provisions of the . Triad RPUD implements Policy 6.1,1 of the Conservation and Coastal Management Element in that "native preserves" will be incœporated into the project design. 6, The Master Development Plan, with its localized natural area, lakes and open space areas, and with its moderate residential density, will insure that the developed project will be an atttactive and enjoyable residential development. 7. By virtue that the project mUst comply with the provisions of Chapter 6.02 of the Land Development Code (LDC), it will implemen~ and fi.nther Objective 8 of the Transportation Element. ñ . n·\?tltl4\0.4_tltl1n tin Triatl ll1>Tm 7nni....v\M1 ll....nnino\Triatl 1l1>Tm 0"" 1_?n_1\4. M PAN tint' . . -."""",-_.-._~----_."._~ - ....... . "."~-" ..._....,."..~,"'--- ~._.-.."..~._.,. - aG' SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The pmpose 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 Triad RPUD, 1.2 LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 34, 1DWNSHIP 49 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS . FOLLOWS': ALL OF BLOCKS 2, 4, AND 6, PALM SPRlNGS PLAZA, UNIT NO.1 AND TIIAT VACATED PORTION OF CALLE DEL REY RIGHT OF WAY RECORDED IN PLAT BOOK 8, PAGE 21 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Robert S. Barber TR (Folio: 65721360006, 65720840006, and 65720320005) The Barber properties are under contract for purchase wi1h Palm SpringS, LLC. PaJrn Springs, LLC, shall have full, unified control of the Triad RPUD.· 1.4 DEVELOPER The Triad RPUD is intended to be developed by Palm Springs, LLC, All references to the "developer" as may be contained in this RPUD Document shall mean Palm Springs, lLC, unless, and until the subject property descnòed and depicted in this RPUD Document is conveyed, or assigned. It ïs the responsibility of PaJrn Springs, lLC to notify Collier County, in writing, of the land conveyance, or assignment of the subject property described and depicted in this RPUD Document within six months fiom the actual conveyance, or assignment 1.5 PHYSICAL DESCRIPTION The property is located in the southwest half of Section 34, Township 49 South, Range 26 East, Collier County, Florida. The property is currently undeveloped and vacant I-I . (),\.,004\04_0010 00 TMAiI RPTm 7nn;nolOOO'l R,"~nn;..nlTM..ñ RPT·m nnl" 1_.,0.1\4 rr 1'1 AN it"" ,,······.,__0 ~.,_...^-,,,.,_.,,._~",,._~._~."~ . ._,...~~--~.~_.~--,.-."~.,----'''--,,. .__.,_.H.._·._..".~,_~__.,,___._..,__._.._ 8C The water management system consists of approximately 1. I acres of lakes that will receive run-off from stroctures and parking areas. Rtm-off shall be collected by catch basins and culvert systems for conveyance to the lakes. Allowable discharge rates shall be in accordance . . with Collier County Ordinance No. 90- 10 as amended, and Collier COtmty Ordinance No. 01- 027. 1.6 PROJECT DESCRIPTION The Triad RPUD shall be a residential development that includes a maximum of 140 residential housing units. The amenities proposed. as developer commitments to be provided in the project include s1roctures (clubhouse,' pool, etc.), and areas (interior wit.b.in the clubhouse, and swimming pool), to provide social and recreational space, lakes, natural and landscaped. open spaces, and a variety of passive (native preserves) and active recreational opportunities. Access to the property shall be from" Palm Springs Boulevard via Radio Lane. The development intent is to complete the project in a single phase with construction commencing in the third quarter of 2005, Project build-out is anticipated to occur in 2006, or sooner based on market demand. Each residential unit will be served. with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate. 1.7 SHORT TITLE This Ordinance sba1l be known and cited as the "Triad Residential Planned. Unit Development Ordinan ." ce . . . , 1-2 , f\-\?nn4\II4_nn I n on T";Aoi R1>TTO 7 "n'no\OOn"l R·...,"n;no\TnAoi IU>TTO 0"" 1_ ?n_04 rT 1'1 AN ¡"" _ . _."~_,, ,..__~....m"_..,_,__,.,~" _.--- __'--"'~¥._m'''_"~__..._"__,,__..,, "k"" ..._...."" " .""...~.._'..__._._.,._.- 8C SECrION IT PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE I The purpose of this Section is to delineate and generally descn"be the project plan of development, relationships to applicable County ordinances, the respective land uses of the Triad RPUD development, as well as other project relationships. 2.2 GENERAL . A Regulations for development of the Triad RPUD shall be in accordance with the contents of this Document,. the RPUD-Residential Planned Unit Development District and other applicable sections and parts of 1he Collier County LDC in effect at 1he time of building permit application. Where these RPUD regulations fail to provide . developmental standards, then the provisions of the most similar district of the County LDC shall apply. B. This RPUD Document and attendant RPUD Master Plan is generally 1ailored to provide specific development standards for the residential product proposed by the developer. C. Unless otherwise noted, the definitions of all tenns shall be the saine as the definitions set forth in 1iie Collier County !.DC in effect at the time of building permit application. D. All conditions imposed and all graphic material presented depicting restrictions for the development of the Triad RPUD shall become part of the regulations that govem the manner in which the RPUD site may be developed. R Unless modified, waived or excepted 1hrough the approval of a deviation s1ate<therein, the provisions of other. Sections of the LDC, where applicable, remain in full force and effect with respect to the development of the land that comprises this RPUD. F. Development pemrittedby the approval of this petition will be subject to a conCUITeJ1cy review under the provisions of Chapter 6.02, Adequate Public Facilities, of the LDC, at the earliest or next-to-occur of ei1her Final Site Development PIan approval. '". ll-l , n·\?nn4\n4_nn1n nn TriA'¡ RPTm 7nninølnno~ R...",nni..ølTnA'¡ RPTm ntv' 1_")0_1\4. rT 1< Alii" II"" .... ~"""~"~"'-'-~--'-""-~~'""~'~ -.".---.--. -.... ---- 8C 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A The project Master Plan, including layout of streets and uses of land is illustrated graphically by Exhibit "A", RPUD Master Plan. TABLE I PROJECT LAND USE TRACTS TYPE UNITSIFr. ACREAGE± JRACT "R"' RESIDENTIAL 140 8.8 . -'. . TRACT ''RA'' RECREATION AREA 0 0.3 JRACT "P" PRESERVE 0 1.6 B. A.rèas illustrated as lakes by Exhibit "A" sbaJI be CònSttuctedas lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention putposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exbtòit "A''. Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Site Development Plan approval, subject to the provisions of Chapters 10.02.05, and 10.02.03 of the Collier County LDC, or as otherwise permitted by this RPUD Document. C. In addition to the various areas and specific items shown on Exbt"bit "A", such easements as necessary (utility, private, semi-private) shall be established within or ~ong the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY A maximum of 140 residential dwelling units may be constructed on the total project area. The gross project area is approximately 10.75 acres. The gross project density ~ therefore, will be a maximum of 13.02 dwelling units per acre. 2.5 PROJECT PLANAPPROV AL REQUlREMENTS- A Prior to finaIlocal development order issuance for all or part of the RPUD, :final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan and the Collier County IDe. II-2 n'\?nn4\fI4_OfHO nn T";.'¡ »PTm '7nn;..crlnnn~ »,.",n..¡..crlT";." »prm n"" 1_,n-1\4 (,T PAN rtnr. -'..---------..---.----»- '" .,. .'. .. .U"..,~.,_~"_.'._...~..,,_"'.... .....~'.^'."...""."_.~-",...__.....--_...._-"._,.....- 8C B. Exln'bit "A", RPUD Master Plan, constitutes the required RPUD Developmènt PIan. Any division of property and the development of the latrl sba1l be in compliance with Chapter 10.02.04 of the" Collier County LOC, and the platting laws of the State of Florida. C. The provisions of Chapter 10.02.03 of the Collier C01mty LDC, when applicable-"sball 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. Appropriate instruments will be provided at the time of infrastructuraJ improvements regarding any dedications and methods for providing petpetuaJ. maintenance of common fàcilities. 2.6 LAKE SETBACK AND EXCAVATIONS A Lakes shall confonn with the requirements of Section 22-112(a) of Ordinance No. 04- 55, òfthe Collier County Code of Laws and Ordinances of the LDC fora development excavation. Lakes may be excavated to the maximum development excavation depths set forth in Section 22-112(c) of Ordinance No. 04-55, of the Collier County Code of Laws and Ordinances of the LDC. Removal of fill ftom the Triad RPUD" shall be limited to an amount up to ten percent (10%) (to a maximwn 20,000 cubic yards), of " the total volume. 2.7 AMENDMENTS TORPUD DOCUMENT OR RPUD MASTER PLAN Changes and amendments may be made to this RPUD Ordinance or RPUD Master Development Plan, ExJn'bit "A", as provided for in Chapter 1O.02.13.E of the Collier County LDC.Minor changes and refinements as described in Section 6.3.C of this RPUD document may be made in connection wi1h any type of development or permit application required by 1he Collier County LDC. .W". ._. 2.8 DEDICATION AND MAINTENANCE OF COMMON AREAS AND FACll.JTIES Easements shall be provided for water management areas, rights-otway, utilities and other pwposes as" ~ All necessary" easements, dedications, or other instruments shall be " granted to :insure the continued operation and maintenance of all service utilities in compliance wi1h applicable regulations in effect at the time of adoption of 1bis Ordinance establishing the Triad RPUD. 11-3 n'\?OM\M_0010 00 T";.t! ll1>Tln 7nn;no\noo.. R~""";no\T";.t! llPTm nnr 1_?0../\4 r'T 1'1 AN it.... _"""-',- --.....--,....-.,. .- -- ""...._,~....,'" -_........~....... ~ '___n"__'_'_ ._~-,- 8C Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsl"bility is a common interest to all of the subsequent purchasers of residential units or real property within the Triad RPUD, the developer shall provide appropriate legal instruments for the ~lishment of a property-owners' association, òr master condominium association, whose fimction shall include provision for the perpetual care and maintenance of all coimnon :facilities and open space, subject further to the provisions of Subsection 2.2.20.3.8. (this Section of the LDC was omitted ftom the rewrite and is intended to be added) of the Collier County LOC. 2.9 MODEL, SALES, AND.CONSTRUCTlON OPERATION FACILITIES A Models, sales/rental centers and other uses and structures related to the promotion and sale and/or rental of real estate such as, but not limited 'to, pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Triad RPUD subject to the requirements of Chapter 5.04.04 of the Collier County LOC. B. Temporary use permits for sales centers, and model homes may be approved subsequent to zoning approval. Temporary Use permit applications, and associated Site Development Plan (SDP) application(s) for residential models. may be submitted " concurrently with applications for Site Development Plans for the overall project, to . depict the location of the model units wi1hin the project D. Temporary uses for sales centers may be serviced by temporary well and septic systems. R A portion (n~ more than 1/3 of the gross floor area), of the clubhouse facilities may be used as a temporary sales facility to be utilized'w'market residential products, jncluding the re.;.sale of residences within the boundaries of the Triad RPUD. The tempormy sales iàcility use must cease when the control of the condomiDimn association is transferred to the residents of the project. 2.10 CLUBHOUSE Construction approvals for the clubhouse and related common recrea1ioDal fàcilities maybe approved subsequent to zoning approval. "SDP applications for tbeclubhouse and related . fàcilities" may be submitted concmrently with applications for Site Development Plan approval for the overall project, to depict the location of the clubhouse and related facilities within the project site. The clubhouse and related facilities must be located on a parcel within the RPUD boundaries, and depicted and described by a "legal description to be included as a part of subsequent development order approvals. II-4 , ()'\?004\04_0010 00 T,.;..II R1'lm 7I\ft;..",OOO~ ll....n..;ftolT,.;..1I R"Plm ntV' 1_?0_04 ("'11'14"h1 II"", ~ -,.,- -.,-_.".".".,,"~-"~ "--~~..- 8C' 2.11 FILL STORAGE - Fill material generated may be stockpiled within areas designated for residential development Prior to stockpiling in these locations, a request, along with plans showing the locations and cross-sections sball be submitted to Collier Coumy EnvirOnmental and Engineering Staff for review and approval. The following standards shall apply: A Stockpile maximwn side slope: 3:1 B. Stockpile maximwn height thirty-five (35) feet C. Fill storage shall not be permitted in Preserve Areas. 2.12 REQUIRED ENVIRONMENTAL PERMITTING Where the development of laD.d within the Triad RPUD requires a permit from a lüea.4 State, or federal agency with jurisdiction over the, property proposed for development, the developer shall obtain such permits prior to final development order approval. 2.13 NATIVE VEGETATION RETENTION REQUIREMENTS Pmsuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County GMP, and Chapter 3~05.07 of the Collier County LOC; a minimum of 1.34 acres (15% of the native vegetation on site ) is required to be retained or replanted. Native vegetation areas do not include those areas of-vegetation that have greater than seventy- five percent (75%) canopy coverage of exotic species. The RPUD Master Plan depicts one Preserve area. The 1.62± acre PreserÝe depicted will be retained native vegetation. This is due to the fuct that of the 1O.75-;a.cre project site, only 8.92 ·acres of the site is "native", by definition. The minimwn width. of the preserve shall be an average of thirty feet but not less than twenty feet in width.. The design, area, and configtn'atioIi of the native preserves may be modified ftom the depiCtion on the RPUD Master Plan. However, the remaùñng native preserves shall not be decreased below 1.34 acres in total area. ' n-5 n'\?004\04_f\010 no T";An RPTm 7nn;nol0001 R..",nn;nolT";An 1U'1m nnr 1_?0-04 n ~AN iiIV' . - -_.._-.-_...---_..-.-_.~-_.--- . ---"",.,.,,_.,,"_..,..... ,=-,,,.,---,,,,~---.~., " 8C 2.14 LINKAGE TO·COLLIER COUNTY LAND DEVELOPl\QNT CODE Pursuant to Chapter 1O.02.13.C of the Land Development Code, upon adoption of the RPUD- Ordinance and attendant RPUD Master Plan, the provisions of the RPUD Document become a part of the IDC and sha!.l be the standards of development for the RPUD. Thenceforth, development in the area delineated as the Triad RPUD Dis1rict on the Official Zoning Atlas shall be governed by the adopted development regulations set for1h in this RPUD Docwnen~ RPUD MasterPlan, and applicable provisions of the LOC. ~. ,., . .- '. -~. . . '. ~,. ... . < .~.' ~ - '--"- '-.........' -." . .. ".-.-. ll-6 . ()·\?OO.tIO.t_OOI n 00 T";Rtf RPTm 7nn;nølOO01 R....nn;nølT";Rtf RPlm n.... 1.?O..ll.t (""11'1 AN tf"" ....,~._'"_.,..,. ,·"'......._._',..,._..~w__".....,.._"".__,...".,'''__,_______~_ ,--~_.,...- 8C SECTION m RESIDENTIAL DEVELOPMENT STANDARDS 3.1 PURPOSE. The purpose of this Section is to identify specific development standards for areas designated as Tract ''&'' on the RPUD Master Plan, Exlnòit "A". Infras1ructure, perimeter land use buffers, signage, as well as project recreationaJ/social facilities will occur within this Tract. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling 1.U1ÌtS allowed within the RPUD sball be established at the time of development plan review, butsball not exceed 140 dwelling m1Ìts. 3.3 USES PERMITrED No building or structure, or part thereot: shall be erected, altered or used, or land used, in . whole Or in part, for other than the following: A Principal Uses: 1) Multi- family residences. B. Accessory Uses: Custommy accessory uses and structures including, but not limited to· private garages, swimming pools, with or without screened enclosures, and om outdoor recreation fàcilities along with the following: Model homes (See Section 2.9 of this Document). 3.4 DEVELOPMENT STANDARDS .A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individwù parcel or lot b01.mdmy lines, or between structures. Condominium, and/or homeowners' association boµndaries shall not be utilized for detennining development standards. B. OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Chapters 4.05.04 and 4.05.07, of the Collier County LDC in effect at the time ofbuildmg permit application. ill-I n·\?OO4.I04_/¥I10 00 Tñ.tI RPTID 7nninølOOO-'¡ R....'7nninoITñ.tI RPTm TInt": 1.'0_114 rr "F1AN tint": '-'--.._~,..,_.__.-_..._..,-_. ..~,..._,~ '--'-'"'''"'-- H..~"_.·p_·,,, , -..-._-~-"- -- 8C TABLE II RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT MUL TI- CLUBHOUSFJ STANDARDS FAMILY RECREATION BUILDINGS PRINCIPAL S'IRUCfURES MINIMUM LOT AREA 10,000 S.F. 10,000 S.F. MINIMUM LOT WIDTH 100 FEET N/A MINIMUM FLOOR AREA 1,000 S.P. N/A MINIMUM FRONT YARD· 20 FEET Soo Notal N/A MINIMUM SIDE YARD. 15 FEET N/A MINIMUM REAR YARD 15 FEET SoeNotoI N/A MINIMUM PRESERVE SETBACK 25 FEET 25 FEET MINIMUM DISTANCE BETWEEN STRUCTURES 15 FEET N/A MAXIMUM BLDG. HEIGHT 2 STORIES N/A NOT TO EXCEED 35 FEET N/A ACCESSORY STRUCTURES MINIMUM FRONT YARD S.P .S. SOO NotoI 20 FEET MINIMUM SIDE YARD S.P.S !12 BH MINIMUM REAR YARD (ATTACHED) 5 FEET SooNotal 10 FEET (DETACHED) 5 FEET SOO Notal 20 FEET MINIMUM PRESERVE SETBACK 10 FEET 10 FEET MINIMUM DISTANCE ~. ..., ,- -- . ---BETWEEN STRUCTURES 10 FEET greater of15 feet or !12 BH SOO Socti... 4.3.A. of1bia doeum_ MAXIMUM BLDG. HEIGHT. 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET S.P.S.: Same as Principal Structures. BH: Building Height ill-2 n,\.,On.i\n.i_001000 TriAt'I llJ>Tm 7n";no\l\on':\ ll_n";no\TriAt'I llJ>Tm n.... 1_.,0-0.4 M 'PA.N'¡.... ^""'-~ ~~...".<.;,-_..._- 8'C Notes: 1) The location of structures proposed adjacent to a lake may have no setback from the lake maintenance easement. 2) No structures are permitted in the required, 20-foot lake maintenance easement. 3) All garages associated with residential units must be located a minimum of 23 feet from the back of the sidewalk, adjacent to internal drives, closest to the garage, except for side load garages, wherei" a parking area 23 feet in depth must be provided generally parallel to the garage opèning to avoid vehicles being parked across a portion, or all of the referenèed sidewalk 4) No principal or accessory structures shall encroach into the perimeter landscape buffers. ill-3 ('1-1'004\04_01\11\ 1\1\ T";"it RPTTn 7,,"1.,011\01\"1 R..""n;"oIT";.it R1>Tm 1'1".. 1_")1\_04 rT PAN it"", .-- --","~...,'.'"'.' ""'-'_.'.~-"'---~ ,".-.,.....-,. --- --_.~-----"_.~.-,._,...- 8C SECTION IV . RECREATION AREA 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract ''RA,'' Recreation Area on Exlnòit "A", RPUD Master Plan., The primary fimction and purpose of this Tract is to provide for social and recreational areaslspaces as an amenity for the residents of the project 4.2 USES PERMITrED No building or s1ructure or part 1hereot: shall be erected altered or used, or land used, in whole or' . in part, for other than the following, subject to the issuance of regionaJ, state and federal permits, when required: Principal Uses: 1) S1ructures intended to provide social and recreational space. 2) Outdoor recreation fàcilities, Such as a community swimming pool, tennis and basketball cOurts, playground improvementslf8cilities, 'and passive and/or active water features. 3) Any other principal use, which is comparable in nature with 1he foregoing uses and . is approved through the process set forth in the !DC in effect at the time of the request for such use. Accessory Uses: Customary accessory uses or structures incidental to recreation areas and, or fucilities, including structures constJ.ucted for purposes of maintenAnce, storage or shelter with appropriate screening and landscaping. .. .-~ .-. -- 4.3 DEVELOPMENT STANDARDS A GENERAL: Except as provided for herein, all criteria set forth below sbaI1 be understood to be in relation to individual parcel or lot boundaty lines, or between stru.ctures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Development standards for Tract RA are contained in Table n in this Document. There shaD be a minimum 20- foot separation between recreational building(s) and all residential Units. N-l 0:\2004\04-0010.00 Triad RJ'UD Zoning\O003 Rezoning\Triad RPUD Doc 1-20-04 CLEAN. doc , . _._,",~"."."~~.",-~..,., '.,'," "_~""'_'~.'~'.~-","", ,~""._... ·_..··_,,_,..'w._. .~._.....,.. ·,_"'___.H____' -~-----_.;~~ 8G- B. OFF-STREET P ARIaNG AND LOADING REQUIREMENTS As required by ChapterS 4.05.04 and 4.05.07 of the Collier County LDC in effect at the time of building permit appliætion. IV-2 0:\2004\04-0010.00 Triad RPUD Zoning\0003 Rczoning\Triad RPUD Doc 1-20-04 CLEAN.~c r -" .... '''-'''"~'~-~~'_''''.~-"..-._''-"- '"","_...'--'_._.'-~"_.~,- ~~-------,.,- .- -"~'--'~'-----'-"'-"-'.._--~---..-.- · 8C SECTION V PRESERVE AREA 5.1 PURPOSE The pwpose of this Section is to set forth the development plan for areas designated as Tract ''P'', Preserve Area on Ex1nòit "A", RPUD Master Plan. The primary function and purpose oftbis Tract is to preserve and protect vegetation and naturally fimctioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. 5.2 USES PERMITTED Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as· long as any clearing required to facilitate these uses ~ not impact the minimmn required vegetation. For the pUlpOse of this section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to 1he preserve, such as pervious pathways, benches and educational signs are permitted in the preserve. Fences may be utilized outside of the preserves to provide protection in the preserves in accordance with the protected species Chapters 10.02.02.4.g, and 1O.02.03.B.b.d.ili of the LDC. Fences and walls are not permitted within the preserve area. No building or structure or part thereo~ shall be erected altered or used, or land used, in whole or in part, for other 1han 1he following, subject to the issuance of regional, state and federal pennits, when required: Principal Uses: Open spaces/nature preserves. Accessory Uses: 1) Wate! management structures. 2) Mitigation areas. ,..' .' ~.'- ..-. 3) Hiking trails, boardwalks, shelters, or other such facilities cons1IUcted for the purposes' of passage through or enjoyment of the site's natural attributes, subject to approval by the appropriate permitting agencies. V-I 0:\2004\04-0010.00 Triad RPUD Zoning\OÒ03 RezoningŒriad RPUD Doc 1-20-04 CLEAN. doc -<r_'__""_..,~,,..__,.. '-'-_._-~..~_..,-..-~" - -. ......---- ,.-- 8C SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commi1ments for the development of the. project. 6.2 GENERAL All fucilities shall be coßstructed in strict accordance With final site development plans, final subdivision plats (if required), and all applicable state and local Jaws, codes, and regulations applicable to this RPUD. Except where specifically noted or statedotberwise, the standards and specificàtions of Section ill of the Construction Standards Manual shall apply to this project,. even if the land within the RPUD is not to be platted. The developer, its successors and assigns, shall be responsible for 1he commitments outlined in this Document The developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the RPUD Document, as adopted, and any o1her conditions or modiñcations as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the developer, are bom:J.d by any conumtments within this Document These commi1men1s may be assigned or delegated to a coridominiuml homeowners' association to be created by the developer; Upon assignment or delegation, the developer shall. be released &om responsibility for the commitments. 6.3 RPUD MASTER DEVELOPMENT PLAN A. Exh1òit "A", RPUD Master Plan illus1rates the proposed development and is conceptual in nature. Proposed tract, parce~ or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase, such as :final pJatting or site development plan application. Subject to the provisions of Chapter IO.02.13.E of the LOC, amendments may be made &om time to time. B. All n~ easements, dedications, or other Ït1s1z.'mlents shall be granted to insure the . continued operation and maintenance of all services and all common areas in the project. C. The Conul11mity Development and Environmental Services Administrator, or· his designee, shall be authorized to approve minor changes and refinements to the Triad RPUD Master Plan upon written request of the developer. VI-I 0:\2004\04-0010.00 Triad RPUD Zoning\O003 Rezoning\Triad RPUD Doc 1-20-04 CLEAN.doc .... ''''-~'''''''-'-""--.,..,, _.--,,_... ...·.·0 .-'""------.--.-- --.-.-...- BC: 1) The following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with the Collier County GMP, and the Triad RPUD Document b. The minor. change or refinem~ shall. not constitute a substantial change pursuant to Chapter 10.02.13.E.1 of the Collier CountyLDC. c. The minor change or refinement sball be compatible with adjacent land uses, and sbaIl not create de1rimen~ impacts to abutting land uses, water management facilities, and Preserve Areas within, or external to the RPUD boundaries. 2) The following shall be considered minor changes or refinements, Subject to the limitations of LDC Chapter 10.02. 13.E: a. Reconfiguration of Preserve Areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in Preserve Area. b. Reconfiguration of lakes or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management Dis1rict and Collier County. ,. c. Internal realignment of roadways and in~ection to off-site areas, other than a relocation of access points from ptblicly mamtamed roadways (Le.: State or County roadways), to the RPUD itself: where no water conservationlpreservati0:n areas are affected, or otherwise provided for. d Reconfiguration of residential parcels when there is no proposed encroachment into a Preserve Area, except as provided for in a. paragraph of this section above. 3) Minor changes and refinements, as descdbed above, shall be reviewed by .-.- -.-.. appropriate County staff to ensure compliance with all applicable County ordinances and regulations prior to the Administrator's consideration for approval 4) Approval by the Adminis1rator of a minor change or refinement may occur independently ftom, and prior to any application for subdivision plat (if required), or site development plan approval. However, the Adminis1rator's, or his designee's, approval shall not constitute. an authorization for development, or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. VI-2 0:\2004\04-00] 0.00 Triad RPUD Zoning\0003 Rezoning\Triad RPUD Doc] -20-04 CLEAN.doc ,--,~-~ "..,.--..., -~._.,.....-..,""~...-.,,_. --.--..-..----. ...... - . --,-~ --.---..-- --,.~...~_._--_._"--- --.--- ·8C, 6.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISION A. This RPUD is subject to the sunset provisions of Chapter 1O.02.13.D of the We. B. An annual RPUD monitoririg report shall be submitted pursuant to Chapter 10.02.13F of the LOC, and be in 1he form of an affidavit by the property owner, or designated. agent C. The project shall be developed in one phase. Completion of the final dwelling unit is anticipated to occur in late 2005. Recreation and. clubhouse facilities will be cons1ructed simul1mieously with the development of the residential product 6.5 TRANSPORTATION . . ~ . , .,. The development of this RPUD Master Development Plan shall be subject to and governed by the fonowing conditions: A. All tràffic contröl deviCes, signs, pavement Iriarkings and design criteria !'ball be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), cwrent edition, FDOT Design Standards, CUIreIlt edition, and the Manual On Uniform Traffic Control Devices (MUTeD), current edition. All other improvements shall be consistent with and as required by the Collier County LOC. B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first certificate of occupancy (CO). C. Site-related improvements necessary for safe ingress and egress to this project, as detennined by Collier County. sball not be elig¡òle for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended, and Chapters 6.02.00 and 10.02.07 of the LDC, as it may be amended. E. All wOIk wi1hin Collier County rights:'oFway or public easements shall require a right-ot:way pemrit F. All proposed median opening locations shall be in accordance with the Collier County Access . . Management Policy (Resolution 01-247), as it may be amended, and the LDC. as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based òn, but are not limited to, safety, operational circulation, and roadway capacity. VI-3 0:\2004\04-0010.00 Triad RPUD Zonin~OO03 Rczonin~Triad RPUD Doc 1-20-04 CLEAN.doc .... . --_.~.,",..",_._.."...,.,..~"~.,,...~--",- _·__"__~""''''''''''~__''M'''',.....,_"_,,, ---'-'~._"----.--.,--_... 8C G. Nothing in any development order shall vest a right of access in excess of a right in!right out condition at any access point Neither shall the existence of a point of ingress~ a point of egress : or a median opening, nor the laCk thereo~ be the basis for any future cause of action for damages against the County by the developer~ its sucœssorin tit1e~ or assignee. . H. All internal roads~ driveways~ alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier Country shall have no responsibility for maintenance of any such fiIcilities. I. ff any required turn lane improvement requires the use of existing County right-of:. way or easement, comperJS'ltn,g right-of:.way~ Ü necessm:y~ shall be provided without cost to Collier County as a consequence of such improvement J. If; in the sole opinion of Collier èOimty, a dc signal, or other traffic control device, sign or pavement marlång improvement within a public right-of:. way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the ~ CO. 6.6 PLANNING The development of this RPUD Master ~velopment Plan shall be subject to and governed by the following conditions: More than 600/0 of the project will provide useable open space, or lands reserved for conservation purposes. 6.7 WATER MANAGEMENT The development of this RPUD Master Development PIan shall be subject to and governed by the . following conditions: A Detailed paving~grading and site drainage plans shall be submitted to Engineering Review Services Department for review and approval. No constmcti.on permits shall be issued unless and until Planning Services Staff grants approval of the proposed construction in accordance with the appro.ved plans.~,·~". B. An excavation perinit shall be required for the proposed lakes in accordance with the Collier County WC and South Florida Water Management Dis1rict Rules. VI-4 0:\2004\04-0010.00 Triad RPUD Zoning\0003 Rezoning\Triad RPUDDoc 1-20-04 CLEAN.doc .,_._._._"...,,_.._,,_.,,".."..,-._~~ ......---."..-- .. '--,_. ._._-~ .. -- .-.-"" ..~,......_---_._.__.._- BG. 6.8 UTILITIES The development of this RPUD Master Development Plan shall be subject to and governed by 1he following conditions: A Water distnòution and sewage collection and transmission fàcilities to serve the project shall be designed, cons1ructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 01-57, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distnòution and sewage collection fàciliti.es shall be considered to be customers of the County, and shall be billed by 1he County in accordance with 1he County's established rates. 6.9 ENVIRONMENTAL The development of this RPUD Master Development Plan shall be subject to and governed by 1he following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and shall be subject to review and approval by Environmental Services StafL Removal of exotic vegetation sball not be counted toward·mitigati.on for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservationlpreservation tracts or easements on all cons1ruction plans, and shall be similarly depicted. on any plat. Þny ÏQstruments, plats, or plans creating coDSeIVation areas shall include provisions imposing protective covenants per, or similar to, 1hose found in SectiOn 704.06, Florida Statutes. Setbacks :&om conservation areas shall be provided in accordànce with Chapters 3.05.07.H.1.d and 3.05.07.H.3 of 1he Collier County LDC. Conservation areas shall be conveyed . or dedicated to the homeowner's association, or like entity for ownership with responslòility for maintenance, and to Collier County, with no responsibility for maintenance. C. All principal s1ruc1mes shall have a minimum setback of 25' ftom the boundary of any preserve. Accessory s1rnctpres and all o1her site alterations, other than water management bemring. shall have a minimum 10- foot setback. D. The Developer shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species". Where protected species or their habitats are observed on site, a habitat management plan for those protected species, or 1heir habitats shall be submitted to Environmental Services Staff for review and approval , prior to final site p1an/CODStruction pJan approval. VI-5 0:\2004\04-00 1 0.00 Triad RPUD Zoning\0003 Rczoning\Triad RPUD Doc 1-20-04 CLEAN.doc ~__,·.~··n_· ,~~__,. ,.. ,_. _. .__..__."__, '.',.'_..u,._, ~-""""'-"'"---"~"~"'~""""--~' 4.",. 11. . J" ...~ _,_._,~.~..,">w, ,...--...,....". .-,..-,,"---~" , ~_."...._.. , . 8C I,. E. All Category I invasive exotic plants, as defined by the Flqrida Exotic Pest Plan Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in pe¡petuity) shall be the responsibility of the property owner. F. The RPUD shall be consistent with the environmental sections of the Collier County GMP, Conservation and Coastal Management Element and the Collier County LDC in effect at the time of final development order approval. G. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final plat/construction plan approval. H. A Preserve Area Management Plan shall be provided to . Environmental Staff for approval prior to site/construction approval identifying methods to address 1reatment of invasive exotic species, fire management, and maintenance. 6.10 'ACCESSORY STRUCTURES Accessmy structures may be cons1IUcted simultaneously with, or following the construction of the principal s1rocture, except for the clubhouse fi1cilities, the cons1rnction operation/management office and model center. These structures may be cons1ructed after zoning approval. 6.11 SIGNS All signs shall be in accordance with Cbapter5.06.00 of the Collier County LDC in effect at the time of final plat, or site development plan approval. 6.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS - Landscape buffers, berms, fences and walls are generally permitted throughout the Triad RPUD, except in ~e Areas. The following'sœÌ1dards sbaIl apply: A Landscape berms may have the following maximum side slopes: -~_..-"'-._,.._~-~- -'-.~ ....:.-...~ 1) Grassed berms 4:1 2) Ground covered berms 3:1 VI-6 0:\2004\04-0010.00 Triad RPUD Zouiug\O003 Rezoning'.Triad RPUD Doc 1-20-04 CLEAN.doc ,"""'''"''',".__..,~.".-.._,._...,....,.,."<-"","-....~,,,---_.......~-~~~.,,,-_. -'~-~"------- -"._~ BC B. . Fence or wall maximum height six feet as measuredftom the finished grade. For the pUlpOse of this provision, finished 'grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road, unless the fence or wall is oons1rucœd on a perinieter landscape berm along the property abútting Palm Springs Boulevard, or Radio Lane. Deviation ftom LDC Chapter 5.03.02.B to allow fence/wall height to be measured ftom finished grade rather than existing grade, of the ground at the base of the fence or wall. C. Pedestrian sidewa1ks, bike paths, water management facilities and s1ructures may be allowed in landscape buffer areas provided that the landscape buffer area is increased by an equivalent width. - D. No tow of slope setback will be provided along the project ftontage on Palm Springs Boulevard, nor Radio Lane. A six foot (6') :flat top of berm will be provided within the project adjacent to said Rights-Ot:Way, that flat area will be where a potential fencelwall will be located, with landscape buffer material ins1aI1ed between the wall and the respective Rights-Ot: Way. Cross-section D- D, on Sheet 5 of 5 of the RPUD Plans Set illustrates this wa1l/berming interfuce with the Palm Springs Boulevard and Radio Land Rights-Ot:Way. Deviation :trom ~pter 4.06.05.1 of the LDC, where a 5-foot setback is required from a property line for the tow-ot:slope, when the proposed berm is greater than two feet in height. E. No tow of slope setback will be provided along the eastern project boundary, south of the platted drainage easement, where the project interfaces with the west boundary of Saddlebrook Village. Cross-Section B-B, on, sheet 5 of 5 of the RPUD Plans Set illustrates the proposed berming interface with the existing masomy wall cons1ruCted as a part of the Saddlebrook Village PUD improvements. Deviation from Chapter 4.06.05.1 of the LDC, where a 5- foot setback is required ftom a property liIie for the tow of slope, when the proposed berm is greater than two feet 6.13 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for ofi:street parking areas shall be in accordance with Chapter 4.06.03.B of the Collier County LOC in effect at the time of building pennit application. ~.14 DEVIATIONS 6.12.B. Fence or wall maximum height six feet as measured ftom the finished grade. For the pmpose of this provision, finished grade sball be Cònsidered no greater than 18 inches above the crown elevation of the nearest existing road, unless the fence or wall is constructed on a perimeter landscape berm along the property abutting Palm Springs Boulevard, or Radio Lane. Deviation ftom we Chapter 5.03.02.B to allow fence/wall height to be measured from finished grade rather than existing grade, of the ground at the base of the fence or wall. VI-7 0:\2004\04-0010.00 Triad RPUD Zoning\0003 R~zoning\Triad RPUD Doc 1-20-04 CLEAN.doè ._--_.-"~..,.'-'"'"".,'_.,,.. '..-', """'~-".""'~'-~""'~""-""'",'- ~ ... --,.'"'-".~"""~,,~.........,,-,~,"".,- 8C 6.12.D. No tow of slope setback will be provided along 1he project fÌ'Ontage on Pa1m Springsf Boulevard, nor Radio Lane. A six foot (6') flat top of berm will be provided within 1he project adjacent to said Rights-Of:.Way,1bat flat area will be where a potential fence/wall will be located, with landscape buffer material ins1alled between the wall and the respective Rigbts-O t: Way. Cross-section D D, on Sheet 5 of 5 of the RPUD Plans Set illustrates this wall/berming interfàce with the Palm Springs Boulevard and Radio Lane Rigbts-Of:.Way. Deviation fi:om Chapter 4.06.05.1 of the LDC, where a 5-foot setback is required fÌ'Om a property line for the tow-of:.slope, when the proposed berm is greater than two feet in height 6.12.E. No tow of slope setback will be provided along the eastern project boundary, south of1he platted drainage easement, where the project interfàces with the west boundary of Saddlebrook ,Village. Cross-Section B-B, on sheet 5 of5 of the RPUD Plans Set illus1rates the proposed berming interfàce with the existing masonry wall constructed as a part of the Saddle brook Village PUD improvements. Deviation ftOm Chapter 4.06.05.1 of the LDC, where a 5-foot setback is required ftom a property line for the tow of slope, when the proposed berm is greater than two feet . -.; ._~___H'" _ ~. ........ --- . -- . VI-8 0:\2004\04-0010.00 Triad RPUD Zoning\0003 Re~ning\Triad RPUD Doc 1-20-04 CLBAN.doc . -_..~...~-----,._- . ------'--_..._--,....._..-.,.~."._.. -...-.-", --.,-"-..'-.- ..--- . 8C . ~ j ~ .. I . II 'I C-1 -- UNDEVELOPED --...,...... ':~i ¡¡ ~ ~ b~i .¡ ;§ - .. ~ f' §~ ~-iJ - ir ~1 J' .~ ~~ il .¡ r" ml---- ~ /' '\ ~----------------~, I , I I PI , ~~ ~ ::0 I' . I i @~ )0 I { . c L,. . . ~~ III Õ \ ! ! ~~--j ~ ::: .. ~ \ . '() ()C~ ~§ 0 0 ~.:::! Zo ~ I III I i \..--.' L ¡; 111>' ñ .¡ I ... toO "0 c: ¡o I PI ' ¡; ¡ c ~ I I z: '" "II ! \ .~ ~ tr. ',---------------- li~· <:> .~ .-111 .¡ ~~I -~ ..... 110 I....sr IiIIf -.... -.... ~== ¡. ~rB! Ii -..... ..... PUD SÞ.DDLE8ROOK , )I; Ii Ii iH i ;~i (]J VlLJ.J\GE DEVELOPING ~ þ-:~. APARTIAENT5 1m! j 1011 ; Zæi. '~'" IIIUIi! ! I II§ ..~~ I "U ~ ~ ·Ih;ll I ~ ~I ¡:-. > in ~ ¡;¡;~å :111. ~I i ~ ~ ~~ !Ii §~š.. ~ 1IDn<~ , Iii Ii J; i I ~ :;¡!i!~;'" " P - C'I pi' dåg œ I- Ii ¡ II ~~Ii è.ìI e \:I! ~ .... + + + ¡ I~! II II È ............................ I I I I I' ð i! ¡ Ii ;B~.. au~ I' I d ð ~ . ¡o~1 åøcã ~ ¡! 'Ii i ! i~~~ '":.s'f! . !i\ <: EXHIBIT "A" ___._ _____.____ ' ~ ~ ...... R~{~~~ .... - ...,. :' :::: ..- P.AL.M 5PRINa5, u.c. 11?LAl7 ~LP -.. ...... o S ..L. l'Imara, l'IIIIocr Of<>c:lO.QO "..0' _...................._~....... ...-- ........ -- -- ..... ofOO<MQI M. RPW MA5rtR PL.,AN -- - 1 " ., ~ -'--~-- _'U__".,._. __e'......"·· . .. ----~"....- ~.--" "'--.,..^-...~.-..."'----.",..-. "-~-"·_"--·~··___-a "- --'..-.- -_..-.__."....,~ -----_...,---- , 8 C , , --~-- . -------. -- BOUNDARY SURVEY I I ; I PALM SPRINGS VILLAGE I I I UNIT ONE I I ! L.i I CHAIN UNK \ I N8S'S4'20'E 620.41'(P) 620.19'(M) fEHCi ; II '0. I... ~~ of; I .¡ :i~ ; 0<, q, ! I I 'X' l '''' I ,'" - "" I '00' ' "''''I~ ~~ i ! u.... I ì h I I L Q I" '",5 11 S o . c ~ z i g Si g ~~ \ ,.1;1 .- . - -I~ If=. 1;-, ___ _J___L...__ __ __----i î ICO I ! ~ C^lLE DEL. REY VACATE]) BY OR B. \408, P. un !!:. _,; I \ .- .....---" Q ItÍ --- - . I'~ II) ~'~I( b .... g ---___I ª q I I -=---_.- .-- - - - - -- - - - ------ -.------ 0 :::.. I w I- OJ ¡'I l- e b '0 :s ~ ~ g c- o.. V)j - .'f,.1 Z i ~ i ::) 12C,&7' w ~.....I ? 100.0' IOG.O· 100.0' 100.0' 100,0' m >-g:'J¡.~ . _10 ª ! <ø co !'I '" V) i 8 0- 'b 0 0 Ïi! ~I CII !!! - ~ z ...;¡ ~ I 100.0' 100.0' 10.,),0' .., '00.0' 100.0' 120.7'4- I .. ... .,; ;" '0. Q :! ..; oi ..; .... ... .... Æ,;' so,,,,',,', -, - - I..' ., . ~ '1--- 595.43'(P) 595.41'(101) -- I: - - STATE~ROAD - - - - S-858 100' RIGHT Of WAY' LEGEtID/ABSREVlA llONS o J£1 __ I'IIi r..cø ,.,J I OJR'Æ I RÞ.OIUS II..ENC'IH I QIORO I BEARlNC I 9:'~;~2' I ... nG. lie N/l ., 1M :!I PJC. CQrC. WQI(. o RAatJII/III C1 2500' 39 51' 35 52' 544'49'29'E . OØOI.... . ::-..... .,,-,_. .-. c . ~JD 11--- TrilS sUlivn IS PR..'PAREO FOR.- f . ....... r'a.'D "W5íNG PAfi~¡;fi$ (-- M . I/IIMI4A/Z £UÐotDtr .... .. &l1IJJY £UDÐtP' .vc - ..&It COctIDa AODRES5 OF PROPERTY: 111_. au j('J'JJIJ ,. - C4 N:H .to4M ,___ Þ,4!..M SPRJNGS fJWL.n)A't() I hereby ur/if)llhat Ihls surwy mMf. ! 11#1 _ MNIiNGLI the mÎtlimum t_nl~o/ .ttNIdords ". PM' j :.;~~ />/DT£5: Chøpt.r 611;17-6 F."'.C. u". - UlllRI' rl.~.{"/~ ?:)H£ "X" - Pt.,IiFl 1:'OOf.ï ú.;.::5 D. Thi. w not 0 _tlb/e of 1i/1-. Zoning, JOt- .OT~ or Fr..dom of """"mbl"am:... ..... .... ..... w- _'lilt MIoLIoC ¡;, ""!IjÇ:S a GEO ON PHYSIC~.I. tEJi1Ð>:JHE or- A!>"t,,,,,' 110. not be"" '."ewed and fO(Jr. AIMIIM Ø£llNllWHr rJ.;.J,~ S!'"RI'iGS aO;¡:"'<ì¡JÞ.o !.s e~l¡'¡(¡ sO~'~¡r C'·,; othe' e"..mont. OfId r..trl~tlQfI. mo)' "~rAfDf' "'.I7oUI~ Ei.£Vp.l,:,M{S _RE B~.5ro (-"I AN ;':'-,;U'Æ"[jIOO,~'. apply to /ili. pøt'l:tfi. AN other ",""".,,1. U1'SII - lillIUn' IUIIItØ that eJti$t (JI" required to be prørfd.d LEGAL DESCRI? TlON 10 tl1. .ur",,)!Of by the e/l",,' of hi. .k>n. 8. 20C'-! ...\LL W S'_x;r;S;: 4. ;1tJD f. ;".fu..M S.::;r:'~'~: or h., og.,,' p'" F/ando Sf 0 tu t. Dat. ot Su.....y. PLA:.··.. U;J¡¡ NO, ¡AND rHhT '·II.:;.T£O 6/GI7-6.OD.J (10) F.A.c. :"~~:r:".'! :>r ;;.:..~£ D.!t ,c.£r' I:¿;";.L! r J.P.. i+:C--"" Rt::::::>c:¡)J.¡? ¡... Pl..4"{' !íXI': lJ, ~,d ';;: .':1' IjF Scole: ¡- = 1:IV' 7ft£. .-:;)Sa-:: }b.7CDP.:"~ ~,,;- C':'::'Lffr:¿ ,';:tVNT,J. Project Ni' c...r.lS;"·,::.2 ':¡"O~~.'A.. Coro/ £. Nele"". ".Ls' ¡f5013 . FB No. _.7 P. :..~ 330 ø""" Boul.1IfII"fI S....th l Job No. t.~':'!i~~ HOT VAUO UHL[SS ~~"'.J~;3ê5~4' !:ß". ! COP'I1!IGHT ZOCU BY CA/fa. C. N~SON, 1'.A. AU. RiGHT$ IlESER\ÆD. EMBOSSED '1111M 5£AL 23 ~ 304-0047 Føceimn. Exhibit "B" -"~.- .._-~ ----~ , C R 26 E I GOLDEN GATE GOLDEN GATE VILLAS o GOLDEN GATE ESTATES c:: P ARKWA Y UNIT 28 :; PROMENADE ~ CITY o CC1 « 26 c:: 27 -~ FOUNDERS :- ~ PLAZA ¡ i CC1 PARKWA Y I ' 001' ~ PLACE (s) 1-1 m, ~ PARKWAY -Þ. -.::t! (/) CENTER -(0 I I-¡ GOLDEN GATE ¡en I I I BERKSHIRE HERON COMMERCE I : LAKES LAKE PARK OWGA TE I ' COLUER BLVD. t INTERSTATE - 75 MIXED USE II' ¡ COMMERCE 35 I CENTER I ! 33 WHITE LAKE I ¡ GREEN INDUSTRIAL PARK ! . BERKSHIRE . HERON ·1 LAKES I , I I ! RADIO ROAD (C.R. 856) z w ,...:. 75/COLLlER TOLL ¡ 0 ~ BOULEVARD : F < COMMERCIAL PLAZA ~ ~ YvESTPDRT CENTER R.V. I ~ < TWELVE COMMERCE ¡[ ~ LAKES CENTER ! I 4 3 2 I , WILDWOOD FOREST GLEN ' ! ø! ESTATES CEDAR DF NAPLES :-1 01 HAMMOCK !01 LOt 10 ~ ~ ) I . I I NEW HOPE NAPLES HERITAGE ¡ I \ I MINISTRIES GOLF AND COUNTRY CLUB i II .. ____.,.._._., ..,._ .,... '....,... _".. ,... ._.__..,.. .__,. ...._ .__h'. ...... ....,...... _. .., __ ,. .... ....... __ ...J Apr 07. 2DCH - ,a.....~~" P: \200+\o-t-OOl().OO Tr¡øø flPlJD ZotI/I)g\Ooo., ftUDnklil\RpuO f>CHItJI1S\40OIOKOf.tNg . DOom CU ENT: nWT!fN:J?~_.. s~~T,:~ TRIAD HOUSING PARTNERS, LLC. ~~! Sam=Joa&~ _ION 111'. TITLE: ...IL ~ y Y.L.;.L P.aøcø. PIO)ecfu-p AS. VI C I N I TY MAP 111m*'" ~ DW.... mÞ Ot[c1<ED .... . .......1bId&34tlW D. H .N. I"IfIiN:!IIIII)J4I.1IIœ !ED! _. AlE: PROJECT O· 001 O· 00 SHEET FILE FAX:(ZIIIt""'· 3-4 .UIS 26£ NUMBER; 4- '. NUh.tBER; 1 OF 1 NIJI..tIIER; 40010X01 Exhibit "C" "III ~""_"~""^ _"_'_"h~_.';,,~..._._._.___ "_____~ ___ Be . ...... ..··'''''·'''1 ~ . .J........,. " ì t ~ ~~. : I" , ~ r>' \ ~ ~ ~~~ /IIi: ---'-, ,<I 1"11 8~e I¡,i . (") . g .. .: . , iI~ N ¡ ._ ,I ¡II' -- II.. ,- I . " I .. .~ I ~ I, I -I II ; I . , Uc'l 1: . ~.~ / l t II \ " ,I I I·. -'-- -' ~ g ~ . - '::-:~~'"'1.' ...-.... \. . .. l ) ~ " ( ... "11 ) 'c: ) i e t.·,· ~ ..'J -.- ,~ . ~ ~, ~ I: ¡g ~-ì-- ~ "II ]._ .:. t·. _.,,- . I' e ~ l Þ Š I Å I I!I~ D . ~ "11 18.1 Ii ~ § liI~ ! 4 IIII 2~ ~i~§ ¡e .1 11 ~ Exhibit "D" .....-...- --------.- - ,.-... - --- : - - ...-, PÆM 5Pf(JNCiS. LLC, ..... œJAtJ ß'lll R'1IlÄ'" 1!oIia=.$um:Qa&)(çpca -..; ~ .... 'IL. . ..J.. ..:a.. PIoaun,1'Iuj..~ . Of""""''''' ..-""'" ____woo _____ :-.=" . =-. .... OFF5/-æ IN-æIeF.Aa eXHI"lf ____ 4 . . .,"'.., .."-".-"". ....... _.~..._,_._ .~·'w , 8C . - I " I I I , i I : I f ),1 I II: i Ii ¡ -~ J! I I I! I I I. I I I I I I I ìlì ! ~ I I I I I pl!ll, I """\ I I I! I a I : & 1 I. il ¡I ¡ I . .(1 III iq I I ùl I. n n""\ ~I þd~ I! ~~ -"\ ~.~ II t'Ij I '~~ Ii : n~ 'I I q . o§ I J I Z I I" U'J :1 II 1¡ I J : I j . I 1 i II 1¡ I. I I I . , I III '"'\ II Ie -...--- ---------.----- R~~~~~m . i ...... ... .. TWIt _ ...... , 1RIAJJ Rf'W - ..,. .. -- PIV--M 5PRlNa5. /../..C. -.. -... Of"""""", 1"-/0' ...- -- ...... -......................"'................ IIIIIt~ JIIM;....... """""'"'" .... œ055 5eCl1ON5 - - Aooendix "A" . . . p --~.."....."-.... --.- -...-.-.-.--.., ._~_.._.., ',,", "_'"'_'_--'~'."""'-"''''....",<,,---¡;._--~,._-_.,," '~-'--'-"'.- 8C January 31, 2005 Attn: Legals Naples Daily News 1075 Central A venue Naples, Florida 34102 Re: PUDZ-2004-AR-6015; Triad PUD Dear Legals: Please advertise the above referenced notice on Sunday, February 6, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O.lAccount # 113-138312-649110 --_.~" --. .,..-"~..._-~-"_.._.,, ··'~"_"·'_~_·~________·'·_.'e -..,.,-.--,.-,..-,- 8C NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, February 22, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: 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 WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA TO AMEND THE APPROPRIATE ZONING ATLAS MAP OR MAPS AND CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM THE C-1 ZONING DISTRICT TO THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO BE KNOWN AS uTRIAD RPUD" WHICH WILL INCLUDE A MAXIMUM OF 140 MULTI-FAMILY RESIDENTIAL HOUSING UNITS LOCATED ON THE NORTH SIDE OF RADIO LANE, EAST OF PALM SPRINGS BOULEVARD, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10.75 +/- ACRES; AND PROVIDING FOR AN EFFECTIVE DATE. Petition PUDZ-2004-AR-6015, Palm Springs, LLC, represented by Dwight Nadeau, of RWA, Inc. and R. Bruce Anderson, of Roetzel & Andress, requesting a rezone from the C-1 zoning district to the PUD zoning district to be known as Triad PUD Planned Unit Development which will include a maximum of 140 multi-family residential housing units. The property is located on the north side of Radio Lane, east of Palm Springs Boulevard, in Section 34, Township 49 South, Range 26 East, Collier County, Florida, consisting of 10.75 +/- acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted ~----'"-_..._"'- ,.,,,"~w..."·,·~ .. .__.~-- Be to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) ,·v,_____~..~.~,_"... ....'" -.-.....----- , ~øupt~~!1feó1}.ier BC CLERK OF THE ÙIRCUIT COURT -- Dwight E. Brock COLLIER COUNTY COURTHOUSE Clerk of Courts 3301 TAMIAMI TRAIt. EAST Clerk of Courts <-.' Accountant . P.O. BOX 41~044 NAPLES, FLORIDA$A101-3044 Auditor '-~ j Custodian of County Funds ?.( j-~ January 31, 2005 ~~ Dwight Nadeau RWA, Inc. 3050 North Horseshoe Drive, Suite 270 Naples, FL 34104 Re: Notice of Public Hearing to consider Petition PUDZ-2004-AR-6015, The Triad PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 22, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 6, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ ~OL. Ann Jenn 'ohn, Deputy Clerk Enclosure Phone-(239)732-2646 Fax-(239)775-2755 Website- www.clerk.collier.n.us Email- collierclerk@clerk.collier.n.us ~.._--- - --~',-"-,"-",-"<~-~-" ~".-~ ~._,,_. . i~e~t~._~feó~ier 8C CLERK OF THE CIRCUIT COURT - Dwight E. Brock COLLIER COUNTY COQRTRPUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST Clerk of Courts .1e-- Accountant . P.O. BOX4~044 NAPLES, FLORIDA3.,4l01-3044 Auditor ~~ ( Custodian of County Funds ~~~ 1~- January 31, 2005 i ! . ':~-"M';Y Oliver Pfeffer Palm Springs, LLC 6535 Nova Drive, #106 Davie, FL 33317 Re: Notice of Public Hearing to consider Petition PUDZ-2004-AR-6015, The Triad PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 22, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 6, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ ~,oc. Ann Jenn 'ohn, Deputy Clerk Enclosure Phone- (239) 732-2646 Fax- (239) 775-2755 Website- www.clerk.collier.ft.us Email- collierclerk@clerk.collier.ft.us "~'-,."~'" .- '~""'-'---'---"~'"'-'..---........,-_._-- ---"---.-.-----'" Ann P. Jennejohn 8C To: Legals (E-mail) Subject: PUDZ-2004-AR-6015 Triad PUD Hello again, Please advertise the attached on Sunday, February 6, 2005. r'lI have a few more coming, too! Thank you, Ann {J {J PUDZ-2004-AR-601 PUDZ-A-2004-AR-6 774-8406 5.doc 015,doc 1 """'~""'-'~---"<~->-,,,",-.,. .,._...,."-,_._~-_.._...~-_._--- 8C Ann P. Jennejohn From: postm aster@clerk.collier,fl.us Sent: Monday, January 31,20054:28 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) I~.~;'·":':.' '. . - E)'" - ~,,,' - - ATT09312.txt PUDZ-2004-AR-601 5 Triad PUD This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 ~~,..,,-,~._-_.__." -, Ann P. Jennejohn 8C From: System Administrator [postmaster@naplesnews.com] Sent: Monday, January 31, 20054:26 PM To: Ann P. Jennejohn Subject: Delivered: PUDZ-2004-AR-6015 Triad PUD U .<~ / PUDZ-2004-AR-601 5 Triad PUD «PUDZ-2004-AR-6015 Triad PUD» Your message To: Legals (E-mail ) Subject: PUDZ-2004-AR-6015 Triad PUD Sent: Mon, 31 Jan 2005 16:28:11 -0500 was delivered to the following recipient(s): legals on Mon, 31 Jan 2005 16:25:32 -0500 1 -..---- PUDZ-2004-AR-6015 Triad PUD Page 1 of 1 BC Ann P. Jennejohn -----~--" From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Monday, January 31,20055:11 PM To: Ann p, Jennejohn Subject: RE: PUDZ-2004-AR-6015 Triad PUD OK m--Original Messagem-- From: Ann P. Jennejohn [mailto:AnnJennejohn@clerk.collierJl.us] Sent: Monday, January 31, 20054:28 PM To: Legals (E-mail) Subject: PUDZ-2004-AR-6015 Triad PUD Hello again, Please advertise the attached on Sunday, February 6, 2005. I'II have a few more coming, too! Thank you, Ann 774-8406 «PUDZ-2004-AR-6015.doc» «PUDZ-A-2004-AR-6015,doc» 2/1/2005 ,~---;"..,-,-,.,. "-",~.-~"--",,-_.~._,---,,~~,-.,~'-",,._."._-...~,-..-.__..__._...,-~--- Naples Daily News 8 C Naples, FL 34102 Affidavit of Publication Naples Daily News --------------------------------------------------+--------------------------- Petition PUDZ-2004.AR·! BOARD OF COUNTY COMMISSIONERS 6015. Palm :~~~~~i' CHERI LEFARA . .reP':esentef R~A Ine' PO BOX 413 0 16 N~Jìm-~'Io ~,:yui':c:e Andirsor:~ NAPLES FL 34101-3016 CONStD!RORDfNANCE :~g..el:-r='trom Notice II "'reby. given tne C·1 zoning dlst~llct that on 'NI!SDAY. F"ebnJ. to tne PUD zoninG" S· 'sry .2.2,. 24)05, 'In the tr\CtPUtoD~~ :: amW.=t~løor, . adl' WhIch wOlin· REFERENCE: 001230 ~~ c~ty3301Ð E~J:nI1 58990136 PUDZ - 2004 - AR - 60 lSNOT ~r"'::m' tV';II. Naples. "m'Y: ~:ie~f!; c::n~'co':m=~~: ~orth Ilöe of Ractlo State of FloridawlIl ~c tilt encct· k~~I~:'. ..e.. ;~~. I:Ja:..I..'m County of Collier :e. ~~~ii ~34. TowMl\ijl-4IJ Before the undersigned authori ty, personally cOmmeñc:eat 9:00 A.M. SONth. ~~:e 2J1:..tJ:· appear~d B. Lamb, who on oath says that she serves ¡~:eJIY:~dl~~J~: I:r:š :~~T¡tlng. 0~iO.75 +/ as Asslstant Corporate Secretary of the Naples ~I~: ~ Daily News, a daily newspaper published at Naples, AN. .OR. J)NAltCE..M_lt1.E copies of the proposed in Collier County, Florida: that the attached ,OAltÞ"UFCOITNTY OrdInance fek 'ro t~~ copy of advertising ~as published in said ggr~II:~I~~~~.~T~F. :Jl~t~dC~ av4laÞl~ newspaper on dates hsted. FLORIDAAMaNOING ~r IfII=on~I"::d Aff~ant further says tl:at the said Napl~s Da~ly :r,..4. ..OINAN.AS....·· .~,¿~....tt.>'r E :::eñd:'Jbeheard. News, lS a newspaper I?ubllshed at Naples, ,In saldClC!f4,IIIR!'COWNTY}tMiò . lIS wish- Colller County, Florlda, and that ~he sald [~t'~~O~~f.:~.¡~' ~J~o~p~Jronan~ newspaper has heretofore been contlnuously COMp'!EHaNSIVE 'tON~ ~ 1ttm ~ntyret- published in said Collier County, Florida, ~ach ì':,\ 'b'.1t~~1.~~:A~R ~fnl~~:eprlor to pre-! day and has been entered as second class mall ARIA Of COLLllRCOuJ. sentatlon offi .-nda: matter at the post office in Naples, in said ~. FLORIDA TO AMEf Itemlc\~e ~~":fli Collier County, Florida, for a period of 1 year IN~ ïfr~'1I~TlpZ~R ~edWmlted ~ 5 minutes next preceding the firs~ publication of, the r~'&:"&1=gIT-= ~nanJf ~IÌ1d='J:lef~ attached copy of advertlsement ¡and afflant C)F THE SUSJICTREAL speak on behàlf of an further says that she has neither paid nor PROPERTYFROt::?HE C. organization or r:.up Is promised any person, firm or corporation any f-H\O~lf=tfE~ uJW J~ ~r::,u~oeJe~~~: discount, rebate, commission or refund for the VIL'NOOPMOI SENTR (PUO) ZON· a spokesperson, faOtrlo.n f ' h ' d' f T ItT TO BE group or organ z purpose 0 securlng t lS a vertlsement or I<NOWN AS "TRIAD may be alIottec:I10 mln- publiction in the said newspaper. APUO" WHICH WIU. IN. utes to speak on an CLUDE A MAXIMUM OF Item; <.'i 140 MULTI-FAMILY RESt. PUBLISHED ON: 02/06 DENTlAL HOUSING Persons wishing. to have UNITS LOCATED ON THE written orgraphlç .ma· NORTH SIDE OF RAOIO terlals Included In the LANE. EAST OF PAtoM BoardUe"'da. p¡icketl SPRINGS ~. ARD 'IH mUtt 5IIbQ)t said ma· st.CTION 34, OWNŠÍi. ." terl.1 " minimum of 3 49 SOUTH, ANGE26 weekS prior to the reo EAST. COLLIER COUNT\', spectlve public heaflng.., FLORIDA. CONSISTING In any case written ma- AD SPACE: 165 . 000 INCH OF 10.75 +/. ACRES; AND. terlal' Inténdedto be FrL~D . ~':' : n ___ 0 2 ~~: ~ ~ ~ . ---7 . ___ n ___ ___ n . . m + . ___ . .. =~'t:.'\lO' A,,"". m ~ albe S~I¡mt=.. tCout:r-n~tyo - the appropr a e -------r= staff a minimum of sev· Signature of Affiant . ---- ) enda=,~r to the ~, .All m.a.- ( ') 33- L .J!.. terlal use n Clenta. Sworn to and Subscribed ~efore me this. day of . -=t! 7- 20--.0-5 ~Y11sb~~°J¡~ a P:~~~~ , 7n<' t£ (s.. f\ nentpartofthereCon!. personally known by me - -; ""--', "^ , ,:. I - '.cA...I!~d A.ny...pet'S.....on...Who.dec:. ideS. to ~peal a decision of r- the· . Will need a reo I co .. the DfOCeedln~ pe~~ ~o and, theNfåte, rt\!iy need to: enSure ttiat a verbatim I record of the proceed,. i IRIII Is made, Which fe- , , . côrd Includel the testl-, ·urnet' !)U~~'r. mony .nd 8-vldence: !dV COM\-lISSION ft' ',,;^~,:.n'8~. upon whICh the appeal I. .. ,/.¿ 'Q.. 9 [""'. Is based 24, 200';' I."~C' ~.Q. R 'OF COUNTY ERS C . LIER COUNTY. ~~. COYLE, CHAIR- MAN· . DWIGHT' E. BROCK, CI.IM BY: AM Jenneohn. DIp- . Y.!If.~ ~n No. 928&56 __~__"m_~~_,.._~___....__._______.~.._,. n_'~_._ f 8C I I Date: March 4, 2005 To: Mike Bosi, Planner From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Ordinance 2005-11 Enclosed please find one (I) copy of the validated document referenced above, Agenda Item #8C approved by the Board of County Commissioners on Tuesday, February 22, 2005. If you should have any questions, please contact me at 732-2646 ext. 7240. Thank you. Enclosure -,,-- w ...." ,~,_w."_·,,,,_,,~·,,_~ '___'_'·0 -_._~--~_.- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ~ BC TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and oâginal documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropâate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson Œne #5), Route to Addressee(s) Office Initials Date (List in routinl!; order) I.SANDRALEA CDES ADMINISTRATION I , /j'Y:J d/~//C s· \ / ' I. . . !i.¡,J' t,__./ . , 2. \/ 3. ^ 4. ( ~. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the i tern. ) Name of Primary Staff MIKE BOSI Phone Number 659-5745 Contact Agenda Date Item was 2/22/05 O~. Z6Ö-S- -1/ Agenda Item Number 8C Approved by the BCC Type of Document ORDINANCE AND PUD DOCUMENT Number of Original ONE Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes a ro riate, (Initial 1. Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed ,)6/ by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials,) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable, 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired, 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! I: Forms/ County Forms/ BCC Formsl Original Documents Routing Slip WWS Original 9.03.04 ....,.,.,_."."..,""'_..........~~-.","''"..,''- '--""''''-'''''''''--'''''''''-'''''~'''''~''''''~'.> ' . "--'"~~"""-'~'._"""-"'-'''-"'-'''"_."",,,,,.',,,,,",,",,,,,,',,,,",,",-,,,,^-~,~,--..'" 8C " ).ill ORDINANCE NO. 05 - 11 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 WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA TO AMEND THE APPROPRIATE ZONING ATLAS MAP OR MAPS AND CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM THE C-1 ZONING DISTRICT TO THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO BE KNOWN AS "TRIAD RPUD" WHICH WILL INCLUDE A MAXIMUM OF 140 MULTI-FAMILY RESIDENTIAL HOUSING UNITS LOCATED ON THE NORTH SIDE OF RADIO LANE, EAST OF PALM SPRINGS BOULEVARD, IN SECTION 34, TOWNSIDP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10.75± ACRES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau, ofRW A, Inc., representing Palm Springs, LLC, petitioned the Board of County Commissioners to change the zoning classification of the subject real property as part of Petition PUDZ-2004-AR-6015. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the subject real property located in Section 34, Township 49 South, Range 26 East, Collier County, Florida, as described in Section 1.2 of Exhibit "A," the "Triad RPUD" PUD Document, attached hereto and incorporated by reference herein is changed from the C-l zoning district to the PUD zoning district to be known as the "Triad RPUD Planned Unit Development." The appropriate zoning atlas map or maps; as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State, PASSED AND DUL Y AD~~~]P by su~r majority vote of the Board of County Commissioners of Collier County, Florida, this (l/ -day of ¡-? ;¡ ít/ "-If, 2005, ATTEST: ,', -' BOARD qF OUNTY COMMISSIONERS DWIGHT J;:: ßR~..·CLERK COLLIER' OUNTY, FLORIDA ~".;~~':~".., ~ .. .... ~l, BY ~W. ~ ~' FRED W. COYLE, CHAIRMA PUDZ- 2004-AR-6015/MB 8C TRIAD RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING TRIAD RPUD. A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: PALM SPRINGS. LLC 6535 NOV A DRIVE # 106 DA VIE. FLORIDA 33317 - . PREPARED BY: nWTANc. CONSULTING ......" Y y..L ..... 3050 NORTH HORSESHOE DRNE SUITE 270 NAPLES, FLORIDA 34104 and ROETZEL AND ANDRESS 850 PARK SHORE DRNE TRIANON CENTRE-THIRD FLOOR NAPLES, FL 34103 DATE REVIEWED BY CCPC 2/3/05 DATE APPROVED BY BCC 2/22/05 ORDINANCE NUMBER 05-11 AMENDMENTS AND REPEAL Exhibit "A" 0:\2004104-0010.00 Triad RPUD Zoning\0003 RezoninglTriad RPUD Doc 2-23-05 BCC.doc . _.-..~ - -_. --".~- ~·'_____'''''__h' ",,^-'_. .~_....., --,-- -~~- -',-~_.. ---- BC T ABLE OF CONTENTS List of Exhibits, Tables and Appendix 1 Statement of Compliance 11 Section I Property Ownership and Legal Description 1-1 Section II Project Development Requirements II-I Section III Residential Development Standards III-I Section IV Recreation Area IV-I Section V Preserve Area V-I Section VI Development Commitments VI-l 0:\2004\04-0010,00 Triad RPUD Zoning\O003 Rezoning\Triad RPUD Doc 2-23-05 BCe-doc ,_.,,-- - ---_........."---._..-._-- 8C LIST OF EXHIBITS. TABLES AND APPENDIX EXHIBIT "A" RPUD MASTER PLAN EXHIBIT "B" BOUNDARY SURVEY EXHIBIT "C" VICINITY MAP EXHIBIT "D" PUBLIC FACILITIES MAP TABLE I PROJECT LAND USE TRACTS TABLE II DEVELOPMENT STANDARDS APPENDIX "A" TYPICAL CROSS SECTIONS I 0:\2004104-0010.00 Triad RPUD Zoningl0003 RezoninglTriad RPUD Doc 2-23-05 BCC.doc ~ ^ .-. ~".- ""»'._...._",-._,,- . . -"..- ^"··-___'_....M.'_.'~_,_. 8C STATEMENT OF COMPLIANCE The development of approximately 10.75 acres of property in Collier County, Florida as a residential planned unit development to be known as Triad RPUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). The residential uses and recreational facilities of the Triad RPUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons: 1. The subject property for development is within the Urban Mixed Use DistrictlUrban Residential Subdistrict as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are consistent therewith. 2. The project is proposed to be a residential development located less than one mile from a designated Interchange Activity Center (Activity Center # 9). The Density Rating System of the FLUE provides for a four (4) dwelling unit per gross acre density bonus when a proposed project is within one mile of an Activity Center. Under the FLUE Density Rating System, as an incentive to convert commercial zoning which is not consistent with the locational requirements set forth in the FLUE, a density bonus of up to 16 units per acre may be granted for conversion of such vested commercially zoned properties from commercial to residential use. The subject site consists of 10.75 acres, which, when multiplied by the conversion density factor of 16 units per acre, would allow for up to 172 dwelling units. The PUD allows for a maximum of 86 Dwelling units. The proposed density of the Triad PUD is 8 units per gross acre, and is therefore consistent with the FLUE, Policy 5.1 of the Collier GMP; Including the increased density based on the conversion of commercial zoned property. 3. The development of the Triad RPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1.g. of the FLUE. 4. The Triad RPUD implements Policy 5.6 of the FLUE in that more than 60% of the project will provide useable open space, or lands reserved for conservation purposes. 5. The native vegetation provisions of the Triad RPUD implements Policy 6.1.1 of the Conservation and Coastal Management Element in that "native preserves" will be incorporated into the project design. 6. The Master Development Plan, with its localized natural area, lakes and open space areas, and with its moderate residential density, will insure that the developed project will be an attractive and enjoyable residential development. 7. By virtue that the project must comply with the provisions of Chapter 6.02 of the Land Development Code (LDC), it will implement, and further Objective 8 of the Transportation Element. 11 0:\2004\04-0010,00 Triad RPUO Zoning\OO03 Rezoning\Triad RPUO Ooc 2-23-05 BCC.doc .--',.,-.--.,. --~- ,. 8C SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property and to describe the existing conditions of the property proposed to be developed under the project name of the Triad RPUD. 1.2 LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF BLOCKS 2, 4, AND 6, PALM SPRINGS PLAZA, UNIT NO. 1 AND THAT V ACA TED PORTION OF CALLE DEL REY RIGHT OF WAY RECORDED IN PLAT BOOK 8, PAGE 21 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Robert S. Barber TR (Folio: 65721360006,65720840006, and 65720320005) The Barber properties are under contract for purchase with Palm Springs, LLC. Palm Springs, LLC, shall have full, unified control of the Triad RPUD. 1.4 DEVELOPER The Triad RPUD is intended to be developed by Palm Springs, LLC. All references to the "developer" as may be contained in this RPUD Document shall mean Palm Springs, LLC, unless, and until the subject property described and depicted in this RPUD Document is conveyed, or assigned. It is the responsibility of Palm Springs, LLC to notify Collier County, in writing, of the land conveyance, or assignment of the subject property described and depicted in this RPUD Document within six months from the actual conveyance, or assignment. 1.5 PHYSICAL DESCRIPTION The property is located in the southwest half of Section 34, Township 49 South, Range 26 East, Collier County, Florida. The property is currently undeveloped and vacant. 1-1 0:\2004\04-0010.00 Triad RPUD Zoning\0003 Rezoning\Triad RPUD Doc 2-23-05 BCC.doc ----~---- ,,- .---- _._.__.._'_.._---~-- ~, ." ---~..,_. _..,---_..~-_.~ 8C The water management system consists of approximately 1.1 acres of lakes that will receive run-off from structures and parking areas. Run-off shall be collected by catch basins and culvert systems for conveyance to the lakes. Allowable discharge rates shall be in accordance with Collier County Ordinance No. 90-10 as amended, and Collier County Ordinance No. 01-027. 1.6 PROJECT DESCRIPTION The Triad RPUD shall be a residential development that includes a maximum of 86 residential housing units. The amenities proposed as developer commitments to be provided in the project include structures (clubhouse, pool, etc.), and areas (interior within the clubhouse, and swimming pool), to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive (native preserves) and active recreational opportunities. Access to the property shall be from Palm Springs Boulevard via Radio Lane. The development intent is to complete the project in a single phase with construction commencing in the third quarter of 2005, Project build-out is anticipated to occur in 2006, or sooner based on market demand. Each residential unit will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Triad Residential Planned Unit Development Ordinance". 1-2 0:\2004\04-0010.00 Triad RPUD Zoning\0003 Rezoning\Triad RPUD Doc 2-23-05 BCC.doc --"~-'" .-"..--. -"_....,,,...--- 8C SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the Triad RPUD development, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Triad RPUD shall be in accordance with the contents of this Document, the RPUD-Residential Planned Unit Development District and other applicable sections and parts ofthe Collier County LDC in effect at the time of building pennit application. Where these RPUD regulations fail to provide developmental standards, then the provisions of the most similar district of the County LDC shall apply. B. This RPUD Document and attendant RPUD Master Plan is generally tailored to provide specific development standards for the residential product proposed by the developer. C. Unless otherwise noted, the definitions of all tenns shall be the same as the definitions set forth in the Collier County LDC in effect at the time of building pennit application. D. All conditions imposed and all graphic material presented depicting restrictions for the development of the Triad RPUD shall become part of the regulations that govern the manner in which the RPUD site may be developed. E. Unless modified, waived or excepted through the approval of a deviation stated herein, the provisions of other sections of the LDC, where applicable, remain in full force and effect with respect to the development of the land that comprises this RPUD. F. Development pennitted by the approval of this petition will be subject to a concurrency review under the provisions of Chapter 6.02, Adequate Public Facilities, of the LDC, at the earliest or next-to-occur of either Final Site Development Plan approval. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and uses of land is illustrated graphically by Exhibit "A", RPUD Master Plan. II-I 0:\2004\04-0010.00 Triad RPUD Zoning\0003 Rezoning\Triad RPUD Doc 2-23-05 BCC.doc -".~~ 8C TABLE I PROJECT LAND USE TRACTS TYPE UNITS/FT. ACREAGE± TRACT "R" RESIDENTIAL 86 8.8 TRACT "RA" RECREA nON AREA 0 0.3 TRACT "P" PRESERVE 0 1.6 B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Site Development Plan approval, subject to the provisions of Sections 10.02.05, and 10.02.03 of the Collier County LDC, or as otherwise permitted by this RPUD Document. C. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY A maximum of 86 residential dwelling units may be constructed on the total project area. The gross project area is approximately 10.75 acres. The gross project density, therefore, will be a maximum of 8 dwelling units per acre. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to final local development order issuance for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan and the Collier County LDC. B. Exhibit "A", RPUD Master Plan, constitutes the required RPUD Development Plan. Any division of property and the development of the land shall be in compliance with Section 10.02.04 of the Collier County LDC, and the platting laws of the State of Florida. C. The provisions of Section 10.02.03 of the Collier County LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. 11-2 0:\2004104-0010.00 Triad RPUD Zoning\0003 Rezoning\Triad RPUD Doc 2-23-05 BCC.doc ----. ----.--.....--...-.-. 0- __"0_. ._"'-"-~~"-'~""'-- W~'·"O_'_'~·_.·_,._ 8C D. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. 2.6 LAKE SETBACK AND EXCAVATIONS A. Lakes shall confonn with the requirements of Section 22-112(a) of Ordinance No. 04-55, of the Collier County Code of Laws and Ordinances of the LDC for a development excavation. Lakes may be excavated to the maximum development excavation depths set forth in Section 22-112(c) of Ordinance No. 04-55, of the Collier County Code of Laws and Ordinances of the LOC. Removal of fill from the Triad RPUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards), of the total volume. 2.7 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Changes and amendments may be made to this RPUD Ordinance or RPUD Master Development Plan, Exhibit "A", as provided for in Subsection 1O.02.13.E of the Collier County LDC. Minor changes and refinements as described in Section 6.3.C of this RPUD document may be made in connection with any type of development or pennit application required by the Collier County LDC. 2.8 DEDICATION AND MAINTENANCE OF COMMON AREAS AND FACILITIES Easements shall be provided for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing the Triad RPUD. Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of residential units or real property within the Triad RPUD, the developer shall provide appropriate legal instruments for the establishment of a property owners' association, or master condominium association, whose function shall include provision for the perpetual care and maintenance of all common facilities and open space. 2.9 MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES A. Models, sales/rental centers and other uses and structures related to the promotion and sale and/or rental of real estate such as, but not limited to, pavilions, viewing platfonns, gazebos, parking areas, and signs, shall be pennitted principal uses throughout the Triad RPUD subject to the requirements of Section 5.04.04 of the Collier County LDC. II-3 0:\2004\04-0010.00 Triad RPUD Zoning\0003 Rezoning\Triad RPUD Doc 2-23-05 BCC.doc --, ----- ~_.._---,-,,-_."'-- "_.~"--'-'-'-~-""""-- 8C B. Temporary use pennits for sales centers, and model homes may be approved subsequent to zoning approval. Temporary use pennit applications, and associated Site Development Plan (SDP) application(s) for residential models, may be submitted concurrently with applications for Site Development Plans for the overall project, to depict the location of the model units within the project. D. Temporary uses for sales centers may be serviced by temporary well and septic systems. E. A portion (no more than 1/3 of the gross floor area), of the clubhouse facilities may be used as a temporary sales facility to be utilized to market residential products, including the re-sale of residences within the boundaries of the Triad RPUD. The temporary sales facility use must cease when the control of the condominium association is transferred to the residents of the proj ect. 2.10 CLUBHOUSE Construction approvals for the clubhouse and related common recreational facilities may be approved subsequent to zoning approval. SDP applications for the clubhouse and related facilities may be submitted concurrently with applications for Site Development Plan approval for the overall project, to depict the location of the clubhouse and related facilities within the project site. The clubhouse and related facilities must be located on a parcel within the RPUD boundaries, and depicted and described by a legal description to be included as a part of subsequent development order approvals. 2.11 FILL STORAGE Fill material generated may be stockpiled within areas designated for residential development. Prior to stockpiling in these locations, a request, along with plans showing the locations and cross-sections shall be submitted to Collier County Environmental and Engineering Staff for review and approval. The following standards shall apply: A. Stockpile maximum side slope: 3: 1 B. Stockpile maximum height: thirty-five (35) feet C. Fill storage shall not be pennitted in Preserve Areas. 2.12 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the Triad RPUD requires a pennit from a local, State, or federal agency with jurisdiction over the property proposed for development, the developer shall obtain such pennits prior to final development order approval. II-4 0:\2004\04-0010,00 Triad RPUD Zoning\0003 Rezoning\Triad RPUD Doc 2-23-05 BCC.doc .~...~--~ - -'--""'-," ~,...~..,..._._----_..- -.."-..--.--.---. 8C 2.13 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County GMP, and Section 3.05.07 of the Collier County LDC; a minimum of 1.34 acres (15% of the native vegetation on site) is required to be retained or replanted. Native vegetation areas do not include those areas of vegetation that have greater than seventy-five percent (75%) canopy coverage of exotic species. The RPUD Master Plan depicts one Preserve area. The 1.62± acre Preserve depicted will be retained native vegetation. This is due to the fact that of the 10.75-acre project site, only 8.92 acres of the site is "native", by definition. The minimum width of the preserve shall be an average of thirty feet but not less than twenty feet in width. The design, area, and configuration of the native preserves may be modified from the depiction on the RPUD Master Plan. However, the remaining native preserves shall not be decreased below 1.34 acres in total area. 2.14 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 10.02.13.C of the Land Development Code, upon adoption of the RPUD Ordinance and attendant RPUD Master Plan, the provisions of the RPUD Document become a part of the LDC and shall be the standards of development for the RPUD. Thenceforth, development in the area delineated as the Triad RPUD District on the Official Zoning Atlas shall be governed by the adopted development regulations set forth in this RPUD Document, RPUD Master Plan, and applicable provisions ofthe LDC. II-5 0:\2004\04-0010.00 Triad RPUD Zoning\0003 Rezoning\Triad RPUD Doc 2-23-05 BCC.doc ..--" ......-...^ ......"---."-. " '"--'-_.- -.'-_._"~-.'--- ....-- BC SECTION III RESIDENTIAL DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on the RPUD Master Plan, Exhibit "A". Inftastructure, perimeter land use buffers, signage, as well as project recreational/social facilities will occur within this Tract. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the RPUD shall be established at the time of development plan review, but shall not exceed 86 dwelling units. 3.3 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) Multi-family residences. B. Accessory Uses: Customary accessory uses and structures including, but not limited to private garages, swimming pools, with or without screened enclosures, and other outdoor recreation facilities along with the following: Model homes (See Section 2.9 of this Document). 3.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for detennining development standards. B. OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Sections 4.05.04 and 4.05.07, of the Collier County LDC in effect at the time of building pennit application. III-I 0:\2004104-0010.00 Triad RPUD Zoningl0003 Rezoning\Triad RPUD Doc 2-23-05 BCC.doc -_.,-~._,- ^ '---'0--- --'._- -.--.-..- 8C TABLE II RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT MULTI- CLUBHOUSE/ STANDARDS FAMILY RECREATION BUILDINGS PRINCIPAL STRUCTURES MINIMUM LOT AREA 10,000 S.F. 10,000 S.F. MINIMUM LOT WIDTH 100 FEET N/A MINIMUM FLOOR AREA 1,000 S.F. N/A MINIMUM FRONT YARD 20 FEET See Notes N/A MINIMUM SIDE YARD 15 FEET N/A MINIMUM REAR YARD 15 FEET See Notes N/A MINIMUM PRESERVE SETBACK 25 FEET 25 FEET MINIMUM DISTANCE BETWEEN STRUCTURES 15 FEET N/A MAXIMUM BLDG. HEIGHT 2 STORIES N/A NOT TO EXCEED 35 FEET N/A ACCESSORY STRUCTURES MINIMUM FRONT YARD S.P.S. See Notes 20 FEET MINIMUM SIDE YARD S.P.S Y:zBH MINIMUM REAR YARD (ATTACHED) 5 FEET See Notes 10 FEET (DETACHED) 5 FEET See Notes 20 FEET MINIMUM PRESERVE SETBACK 10 FEET I ° FEET MINIMUM DISTANCE BETWEEN STRUCTURES 10 FEET greater of 15 feet or Y:z BH See Section 4,3.A. of this docwnent. MAXIMUM BLDG, HEIGHT. 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET S.P.S.: Same as Principal Structures, BH: Building Height Notes: 1) The location of structures proposed adjacent to a lake may have no setback from the lake maintenance easement, 2) No structures are permitted in the required, 20-foot lake maintenance easement. 3) All garages associated with residential units must be located a minimum of 23 feet from the back of the sidewalk, adjacent to internal drives, closest to the garage, except for side load garages, wherein a parking area 23 feet in depth must be provided generally parallel to the garage opening to avoid vehicles being parked across a portion, or all of the referenced sidewalk 4) No principal or accessory structures shall encroach into the perimeter landscape buffers, III-2 0:\2004\04-0010,00 Triad RPUD Zoning\O003 Rezoning\Triad RPUD Doc 2-23-05 BCC.doc '--_....... ---",-.--" _._.~..,"'" ~----_._~.. BC SECTION IV RECREATION AREA 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "RA," Recreation Area on Exhibit "A", RPUD Master Plan. The primary function and purpose of this Tract is to provide for social and recreational areas/spaces as an amenity for the residents of the project. 4.2 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, subject to the issuance of regional, state and federal pennits, when required: Principal Uses: 1) Structures intended to provide social and recreational space. 2) Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, playground improvements/facilities, and passive and/or active water features. 3) Any other principal use, which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. Accessory Uses: Customary accessory uses or structures incidental to recreation areas and, or facilities, including structures constructed for purposes of maintenance, storage or shelter with appropriate screening and landscaping. 4.3 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for detennining development standards. Development standards for Tract RA are contained in Table II in this Document. There shall be a minimum 20-foot separation between recreational building(s) and all residential units. IV-I 0:\2004\04-0010.00 Triad RPUD Zoning\0003 Rezoning\Triad RPUD Doc 2-23-05 BCC.doc --~-_._,-_..,~ ,.---_.~.-. ""--.'- .._. 8C B. OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Sections 4.05.04 and 4.05.07 of the Collier County LDC in effect at the time of building pennit application. IV-2 0:\2004\04-0010.00 Triad RPUD Zoning\0003 Rezoning\Triad RPUD Doc 2-23-05 BCC.doc ---~- . .~..._.__.,._~." ----,-_. ~'_'__'m 8C SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "P", Preserve Area on Exhibit "A", RPUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. 5.2 USES PERMITTED Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways, benches and educational signs are permitted in the preserve. Fences may be utilized outside of the preserves to provide protection in the preserves in accordance with the protected species Subsections 10.02.02.4.g, and 10.02.03.B.b.d.iii of the LDC. Fences and walls are not permitted within the preserve area. 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, subject to the issuance of regional, state and federal permits, when required: Principal Uses: Open spaces/nature preserves. Accessory Uses: 1) Water management structures. 2) Mitigation areas. 3) Hiking trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to approval by the appropriate permitting agencies. V-I 0:\2004\04-0010.00 Triad RPUD Zoning\OOO3 Rezoning\Triad RPUD Doc 2-23-05 BCC.doc -----.->-.---.. ~_._-- _.'-.- ,....."w_,..._..,,__. -,-_.. '-'.-"^,-~ BC SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats (if required), and all applicable state and local laws, codes, and regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of Section III of the Construction Standards Manual shall apply to this project, even if the land within the RPUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the RPUD Document, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the developer, are bound by any commitments within this Document. These commitments may be assigned or delegated to a condominiumlhomeowners' association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. Which commitments will be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions must be enforceable by lot owners against the development its, successors, and assigns. 6.3 RPUD MASTER DEVELOPMENT PLAN A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase, such as final platting or site development plan application. Subject to the provisions of Section 10.02.l3.E of the LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. C. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Triad RPUD Master Plan upon written request ofthe developer. VI-l 0:\2004\04-0010.00 Triad RPUD Zoning\OO03 Rezoning\Triad RPUD Doc 2-23-05 BCC.doc ___e' _.._.._.._."'__.....__ --,'._- 8C 1) The following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with the Collier County GMP, and the Triad RPUD Document. b. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 10.02.13.E.l of the Collier County LDC. c. The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and Preserve Areas within, or external to the RPUD boundaries. 2) The following shall be considered minor changes or refinements, subject to the limitations ofLDC Subsection 1O.02.13.E: a. Reconfiguration of Preserve Areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in Preserve Area. b. Reconfiguration of lakes or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Internal realignment of roadways and interconnection to off-site areas, other than a relocation of access points from publicly maintained roadways (i.e.: State or County roadways), to the RPUD itself, where no water conservation/preservation areas are affected, or otherwise provided for. d. Reconfiguration of residential parcels when there is no proposed encroachment into a Preserve Area, except as provided for in a. paragraph of this section above. 3) Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County ordinances and regulations prior to the Administrator's consideration for approval. 4) Approval by the Administrator of a minor change or refinement may occur independently from, and prior to any application for subdivision plat (if required), or site development plan approval. However, the Administrator's, or his designee's, approval shall not constitute an authorization for development, or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. VI-2 0:\2004\04-0010.00 Triad RPUD Zoning\0003 Rezoning\Triad RPUD Doc 2-23-05 BCC.doc -.,.-------.-'^ ~--~- _~e·_~_'··>·_ ."~.._.~~_,____.^ -,""- 8C 6.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISION A. This RPUD is subject to the sunset provisions of Subsection 1O.02.13.D of the LDC. B. An annual RPUD monitoring report shall be submitted pursuant to Subsection lO.02.13F of the LDC, and be in the fonn of an affidavit by the property owner, or designated agent. C. The project shall be developed in one phase. Completion of the final dwelling unit is anticipated to occur in late 2005. Recreation and clubhouse facilities will be constructed simultaneously with the development of the residential product. 6.5 TRANSPORT ATION The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County LDC. B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first certificate of occupancy (CO). C. Site-related improvements necessary for safe ingress and egress to this project, as detennined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended, and Sections 6.02.00 and 10.02.07 of the LDC, as it may be amended. E. All work within Collier County rights-of-way or public easements shall require a right- of-way pennit. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assIgnee. VI-3 0:\2004\04-0010.00 Triad RPUD Zoning\OOO3 Rezoning\Triad RPUD Doc 2-23-05 BCC.doc .__...----_.--.-.,,--_.---- -. .-----,. ._._.~--_.__.".._- _._~--- 8C H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier County shall have no responsibility for maintenance of any such facilities. I. If any required turn lane improvement requires the use of existing County right-of-way or easement, compensating right-of-way, if necessary, shall be provided without cost to Collier County as a consequence of such improvement. J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is detennined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance ofthe first CO. 6.6 PLANNING The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. More than 60% of the project will provide useable open space, or lands reserved for conservation purposes. B. The developer shall place a deed restriction on the property to prohibit rentals on the property in perpetuity, which will be enforceable by the residents of Palm Springs Village Unit One and Palm Springs Estates Unit One subdivisions. C. The developer shall construct a school bus stop (uncovered concrete pad with bicycle rack) at the furthest east location possible on Radio Lane. D. Building height for the project shall not exceed 35 feet (2 stories), with both first and second floor units available. E. The average size of the units (all unit sizes in the development divided by the total number of units) will not be less than 2,000 square feet in total gross area. F. The project shall have a 24-hour controlled access gate. G. The developer shall provide a wall along the project's northern boundary in addition to the landscaped benn at the request of the northern adjacent property owners. H. The developer shall request from the County Transportation Division, a temporary construction access pennit on the eastern portion of the project off Radio Lane. I. The Developer shall contribute $200,000 to the Housing and Development Corporation to be used for down payment assistance programs operated by Collier County. VI-4 0:\2004\04-0010.00 Triad RPUD Zoning\0003 Rezoning\Triad RPUD Doc 2-23-05 BCC.doc .--_.._-"_. H~'_"__'_--'__'_'_' " ~__'__h. -"""......~,.""~""._. 81 6.7 WATER MANAGEMENT The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services Department for review and approval. No construction pennits shall be issued unless and until Planning Services Staff grants approval of the proposed construction in accordance with the approved plans. B. An excavation pennit shall be required for the proposed lakes in accordance with the Collier County LDC and South Florida Water Management District Rules. 6.8 UTILITIES The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Water distribution and sewage collection and transmission facilities to serve the project shall be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 01-57, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities shall be considered to be customers of the County, and shall be billed by the County in accordance with the County's established rates. 6.9 ENVIRONMENTAL The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Environmental pennitting shall be in accordance with the State of Florida Environmental Resource Pennit Rules, and shall be subject to review and approval by Environmental Services Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be similarly depicted on any plat. Any instruments, plats, or plans creating conservation areas shall include provisions imposing protective covenants per, or similar to, those found in Section 704.06, Florida Statutes. Setbacks from conservation areas shall be provided in accordance with Subsections 3.05.07.H.l.d and 3.05.07.H.3 of the Collier County LDC. Conservation areas shall be conveyed or dedicated to the homeowner's association, or like entity for ownership with responsibility for maintenance, and to Collier County, with no responsibility for maintenance. VI-5 0:\2004104-0010.00 Triad RPUD Zoning\0003 RezoninglTriad RPUD Doc 2-23-05 BCC.doc -.--"-,,.-...-.- . .~.__.~_._._--,-.,~.- ~. -."" ....--. - --.~," -.-..-,..,-.- BC C. All principal structures shall have a minimum setback of 25' from the boundary of any preserve. Accessory structures and all other site alterations, other than water management benning, shall have a minimum 10- foot setback. D. The Developer shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species". Where protected species or their habitats are observed on site, a habitat management plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. E. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plan Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. F. The RPUD shall be consistent with the environmental sections of the Collier County GMP, Conservation and Coastal Management Element and the Collier County LDC in effect at the time of final development order approval. G. All approved agency (SFWMD, ACOE, FFWCC) pennits shall be submitted prior to final plat/construction plan approval. H. A Preserve Area Management Plan shall be provided to Environmental Staff for approval prior to site/construction approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. 6.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure, except for the clubhouse facilities, the construction operation/management office and model center. These structures may be constructed after zoning approval. 6.11 SIGNS All signs shall be in accordance with Section 5.06.00 of the Collier County LDC in effect at the time of final plat, or site development plan approval. 6.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, benns, fences and walls are generally pennitted throughout the Triad RPUD, except in Preserve Areas. The following standards shall apply: A. Landscape benns may have the following maximum side slopes: VI-6 0:\2004\04-0010.00 Triad RPUD Zoning\OOO3 Rezoning\Triad RPUD Doc 2-23-05 BCC.doc -...-.--,-- --_....< -_.~_._."._,----_._-,_...- ---.--.-- BC 1) Grassed berms 4:1 2) Ground covered berms 3:1 B. Fence or wall maximum height: six feet as measured from the finished grade. For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road, unless the fence or wall is constructed on a perimeter landscape berm along the property abutting Palm Springs Boulevard, or Radio Lane. Deviation from LDC Section 5.03.02.B to allow fence/wall height to be measured from finished grade rather than existing grade, of the ground at the base ofthe fence or wall. C. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas provided that the landscape buffer area is increased by an equivalent width. D. No tow of slope setback will be provided along the project frontage on Palm Springs Boulevard, nor Radio Lane. A six foot (6') flat top ofbenn will be provided within the project adjacent to said Rights-Of-Way, that flat area will be where a potential fence/wall will be located, with landscape buffer material installed between the wall and the respective Rights-Of-Way. Cross-section D-D, on Sheet 5 of 5 of the RPUD Plans Set illustrates this walllbenning interface with the Palm Springs Boulevard and Radio Land Rights-Of-Way. Deviation from Section 4.06.05.1 of the LDC, where a 5-foot setback is required from a property line for the tow-of-slope, when the proposed berm is greater than two feetin height. E. No tow of slope setback will be provided along the eastern project boundary, south of the platted drainage easement, where the project interfaces with the west boundary of Saddlebrook Village. Cross-Section B-B, on sheet 5 of 5 of the RPUD Plans Set illustrates the proposed benning interface with the existing masonry wall constructed as a part of the Saddlebrook Village PUD improvements. Deviation from Section 4.06.05.1 of the LDC, where a 5-foot setback is required from a property line for the tow of slope, when the proposed benn is greater than two feet. 6.13 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Subsection 4.06.03.B of the Collier County LDC in effect at the time of building pennit application. 6.14 DEVIATIONS 6.12.B.Fence or wall maximum height: six feet as measured from the finished grade. For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road, unless the fence or wall is constructed on a perimeter landscape berm along the property abutting Palm Springs Boulevard, or Radio Lane. Deviation from LDC Subsection 5.03.02.B to allow fence/wall height to be measured from finished grade rather than existing grade, of the ground at the base of the fence or wall. VI-7 0:\2004\04-0010,00 Triad RPUD Zoning\OO03 Rezoning\Triad RPUD Doc 2-23-05 BCe-doc ---'----. ,.......~~ ------_.._-,-,---_.- ^ ~_.,~,..~".._-- 8C 6.l2.D.No tow of slope setback will be provided along the project frontage on Palm Springs Boulevard, nor Radio Lane. A six foot (6') flat top of benn will be provided within the project adjacent to said Rights-Of-Way, that flat area will be where a potential fence/wall will be located, with landscape buffer material installed between the wall and the respective Rights-Of-Way. Cross-section D-D, on Sheet 5 of 5 of the RPUD Plans Set illustrates this walllbenning interface with the Palm Springs Boulevard and Radio Lane Rights-Of-Way. Deviation from Subsection 4.06.05.1 of the LDC, where a 5-foot setback is required from a property line for the tow-of-slope, when the proposed benn is greater than two feet in height. 6.12.E. No tow of slope setback will be provided along the eastern project boundary, south of the platted drainage easement, where the project interfaces with the west boundary of Saddlebrook Village. Cross-Section B-B, on sheet 5 of 5 of the RPUD Plans Set illustrates the proposed benning interface with the existing masonry wall constructed as a part of the Saddlebrook Village PUD improvements. Deviation from Subsection 4.06.05.1 of the LDC, where a 5-foot setback is required from a property line for the tow of slope, when the proposed benn is greater than two feet. VI-8 0:\2004\04-0010.00 Triad RPUD Zoning\O003 Rezoning\Triad RPUD Doc 2-23-05 BCC.doc ------"..~. -"_._...._~-- _w_ ..._".. I¡~ _ 8 C -~ ! ¡ I .1 . . ~ Ii §'~I C-l !I. UNDEVELOPED !iDO'2II'.~"W72U" . ~;~~ ~ ~".~ fi ¡¡h~ ~ ~ cg I~~¡ ~ ~~~ ~ -t~~ä =:: - - ~: ~ ~ ~~ ~ -<~" ~ i~ . ~ i~'·'¡ "I ~ ~ ~ ~ I;RII tj ;d ~ >i r:Þ ~i!~ ~ ~ ,,~I---'\ <,2 ~ > C) .,..--____ __--........ / Z J> ;0 (" --_____ I I G) ~ UJ J> I \ I ' r ~r---1 UJ 6! I \ I ( I~~ r../'J"-I ~ \ L I: \ ~ '"'1;:: ::! ;0 ;¡ :þ' : ~ ~" ........J cg o 0 ~ ~ \ J pi r--') : ? ~ ~ ¡It ~ \ ~ i ¡ It' t/;:;--' ~o ~ ~ tr1 '" 0 . J '" I'" L fTI,-, ~ C C::o ;;q '-- . ~ '-' f"'t' ~ I I) \ "I 5 jJ ~ I \ ~ Þ-dtj 5? ~ \ I 0 Þ--I fTI, l . o _______ / > I ~---- -----~ --, ~~~~~ O[;¡ ~t"~1 Z » ~~ ~ i~~<" rCD >i ~~!!~ b~ - ___ a~>a - ~ ........... !" ~ ~ :oct!":- CD PUD SADDLE8ROOK =~~:n~ jQ '1I111.~'~(C) m ~~ ~~ ~~ ~ ~ ~E. ~ VILLAGE DEVELOPING ,I s¡;¡ ~ ~ ~ ~~i ........, ~~ª 2" ~~ ª~ = ~ ~~~ APARTMENTS i~ /!- ~ ~ ~ ~ § ~~~ ~~ ~.!! ~8 ~ : b~ 'l'n ~~~ ~" is z ~ ~ §~i . ~~ ~ ~ ~õ ~~ ~ ;0 d~ ~"z r ~J~ ~~ ~'" ~.~- ~ ~ -0 ~~~ ¡¡¡~OF fTI ~ ~ ~ ~ ~g ¡r~' ~ ~"" -<-0 C) "''' - " ~.r.>~ ~~~ i~ ~e r. pZ ¿10 ." :þ '" ~ ~. r ~ :;¡!~Q ::! ~o ~ i '" ~""'~tD r ;;a :::i ~ c ~ "~~~. ~ ~ ~ ,; n:;;"~ 0 ;¡; 0" ~ 0 ;!~;;: ~n~ ~ê i ~ m ;c!(-Ig fT1 Z ,- o. 0 ~.~ ". ~ $: ¡;; [JJ ~ c ~~ ~ ~.~ g F ('>" -< (") ~ [JJ ~" e¡:!Ii! 0 ~ m ~ ~ <!'J ~ fT1 ,..)i ,., itf¡l Z ~ PI 00 ~f1 ~!:1 F- ~ ;:! e" lJ (J) ¡g ~~.oo. ~ VI . ii"~ 0", i7i:IE!;; OfT1M:> - C ~~ Qi 2;1 'U:;:¡:!: -.,002 0 0 __ 0 CO ~ < 8... ;J 2~ S ~ ~ ("") -z 0 Z :..... OJ L.. i:Þ .,. ¡;;: ~~ ZD Ie 0 lJI \.;I r..,t 0 ~ ~ ðÕ"å ~~ ~ ~ ~ z ~ç~~ ~-:t-t-t;c ?õ §~ å i~ !B ~ i= :tI=-tõ~ I I I I ~ -< ~~ g"1l2 ~ ê ~ gœz;c: li) ~ f) ~ 1"1 SõI~ ð iiil ~ ~ ~ c§~~ ::tJ ;;c :;1) ;:0 ~~ ~ ~J ~ ~ ~ ~Q)S?~ Œ Œ GJ Œ ~ ~ );~ ~ ~ ' -" ¡;; fh tJ :r: ~ ~~ 8 ~ è) OJ c: z~ ~ ,g i:i ~ ~1"1~ç cø 0 0 Q) 2: ~a 2æ; ?" ~~~~ 0) 01 ~ ~~ ~!< ~~~ ," EXHIBIT "A" ......._-_ GI'I_____--.___'"______ :'2::, "':,,,:~ ...... PÆM 5PRINCÔ, U..c' --." íRllVJRPIP RWJ.{C ...... ...... TmA ONS Bagiaoen. Samoø II< M.ppm """0\102 .... ... I'IIIm<ø, PlDjcctMlmFa -;-:. ~HN RPW MA5ŒR PLI'N -----....--- -- .....- -- .~-- _.~..- '.--..- __,,_..~_~ ___.____~_..u BOUNDARY SURVEY I !BC I I I I 1 PALM SPRINGS VILLAGE I I I UNIT ONE 1 I FOUND SET I 5!B ROD N89'54'20"E 620.41'(P) 620.19'(M) CHAIN LINK 5!B ROD 40.0' LS 2052 FEN CE LS 5013 I b LOT 7 "0 ...........w .n . ~ 0 "' :2 j ~ <l.. 1000' 100.0' 100.0' 100.0' 100,0' "" 120.41' lb.:;; o U...J ~ ð z LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 I 0 ;;' b b '0 ... I I ::::;; 0 0 BLOCK 6 0 'O~ ",0 .I¡ '!2 '!2 '!2 0115 0.. ~~ ¡..-, W IX) in î oi ~ N N -- - -- -- - .I¡ ..... .e::. I CAUL DEL REY VACAITD BY OR B. 140B, P. 1122 '0 FOUN EDGE OF PAVEMENT NA ui 0 10 '0 0 ..... 0 0 ~ 0 ~ ~ - -- -- -- - ---- 0 ~ W f- >-.:1 I LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 f- ~ 0 0 0 « 0 0 BLOCK 4 0 '0 ...J V) "' '!2 '!2 0 D... ~ '!2 Z ~ ~ :J l.. ......, ?'> 100.0' 100.0' 100.0' 100.0' 100.0' 120.67' .w ~ ~ N ;" .;- 10 ~Q, '<0 êo N N ,rr. V) 00 LOT 7 '0 0 ~ 0", .i 0 (/) ~ Z ~ ::: ....::¡ ~ I 100.0' 100.0' 100.0' 100.0' 100.0' 120.74' it> LOT 1 LOT 2 LOT 3 LOT 5 LOT 6 "- LOT 4 .,; '0 0 b :! .n .n .0 0: BLOCK 2 0: 0: I GUY PP FDOT U UY . S89'54'20"W . UTSM ~H® 595.43'(P) 595.41'(M) Wi '" GN C~~~rIT GE OF PAVEMENT t><J I¡; MONUMENT - - STATEf¥:ROAD - - - - S-858 100' RIGHT OF WAY LEGEND/ ABBREVlA T10NS o SET IRON PIN W/CAP 15013 b. FND. NAil ANO nN r¡.,B CURVE RADIUS LENGlH CHORD BEARING DELTA 3 FND. CONe "ON. C1 5.00' 39.51' 35.5 ' 544'49'29' 90'3 '22' o FND. IRON PIN . BENO/ /tJARK è POf!t£R POL[ 11£<£ C _ "'Al"ULA /EO iii '" UfASURED THIS SURIEY IS PREPARED FOR: F .. PiA líEO TRIAD HOUSING PARTNERS ( _ CEN ŒfWNE DE .. DRAINAG[ EASEu!Nr uc ... Unl.lTY EASEUE"'T A/C _ AiR CONOI TlON[R ADOR£SS OF PROPERTY: ...... .. WAŒR JEÆR C8 .. CA rCII BASIN ___ PALM SPRINGS BOULEVARD I hereby certify that this survr:y meets J,tH .. MANHOlE the minimum technical standards os per PE .. P()(){ EOtJ/PltiEN r CONC .. CONCRCŒ NOTES: Chapter 61G17-6 F.A.C. UTS .. ununt:s This is not a certificate of Title, Zoning, rOB .. rap or flANK FLOOO ZONE "X" - PANEL 120067 0425 D. Sit ... SEttCR VAL ~ or Freedom of encumbranc"s. wv _ WAfFR VALi'£ BEARINGS BASED ON PHYSICAL CENTERUNE OF Abstract has not been reviewed and FOOT.. FLORIDA DEPARTUENT PALM SPRINGS BOULEVARD AS BEING SOO"26'42'W, other easements and restrictions may of rRASPORTATlON GJ,t .. CAS UARK£R ELEVATIONS ARE BASED ON AN ASSUMED 100.0', apply to this parcel. All other easements urSIJ '" uTILITY J,tARKER that exist ore required to be provided LEGAL O£SCRIP71ON to the surveyor by the client of his Jan. 8, 2004 ALL OF BLOCKS 2, 4, AND 6, PALM SPRINGS or her agent per Florida Statute Dote of Survey: PLAZA, UNIT NO.1 AND THAT VACA1TD 6(1-6.003 (10) F.A.C. PORTION OF CAUE DEL REY RIGHT OF WA Y RECORDED IN PLA T BOOK 8, PAGE 21 OF 1" = 100' THE PUBLIC RECORDS OF COLLIER COUNTY, l..Q~. ~,p__O%U'f Scale: FLORIDA. Project No, YLMSP1E2 Coral E. Nelson, P.LS, /5013 FB No, 2L.. P ~2 330 Wilson Boulevard South Job No. 03~B2 ___ NOT VAUO UNLESS Naples. Florida 34117 EMBOSSED WllH SEAL (23~ 304-0055 Office COPYRIGHT 2004 8Y CAROl. E, NeLSON, P.A., ALL RIGHTS RESERVF:O. (23 ) 304-0047 Focsimil" ---"- ._~,,,~.....- M___;~ ."",,~~-_." ....~.".__._..- R26 E GOLDEN GATE GOLDEN GATE VILLAS 0 GOLDEN GATE ESTATES c::: UNIT 28 c:x: > w CITY ....J =:J 0 [C ~ 26 27 c:x: FOUNDERS [C ooli PLAZA PARKWA Y PLACE (s) -I 0'>1 c:x: PARKWAY ¡.:::o. -.::t Cf) CENTER ICD 1 ....' GOLDEN GATE !en I I BERKSHIRE HERON COMMERCE I LAKES LAKE PARK CITYGA 1£ I ! COLUER BLVD. i INTERSTATE - 75 MIXED USE I COMMERCE 35 í i CENTER i 33 WHITE LAKE I GREEN INDUSTRIAL PARK I BERKSHIRE HERON LAKES ¡ ¡ I- In RADIO ROAD (C.R. 856) < UJ Z w 1-75,t'COLLlER TOLL 0 ::.:: BOULEVARD F « COMMERCIAL PLAZA « ...J WESTPDRT CENTER t- ...J R.V. z « TWELVE COMMERCE « III CENTER ....J « LAKES a... U) 4 3 2 WILDWOOD FOREST GLEN 1-1 C/) ESTATES CEDAR OF NAPLES HAMMOCK I 101 10 len NAPLES HERITAGE I GOLF AND COUNTRY CLUB I ¡ lip' 07. 2004 - 10: +f-:ljlJ P: \2004\0+-0070.00 TrkJtJ RPIJO ZOIIfng\OOO3 ffeZOnfnlJ'\RPUD EXHIBI7S\-f0070XO'.tNg DIt."m CUENT: l11JL{C 04 04- TRIAD HOUSING PARTNERS, LLC. SeNe ~-. N.T,S, .......,.....Ik=.- IIMIIM 1m TITLE: .JL ~ y. ~ .... Pkl-.PmjØ A,S. VICINITY MAP ..........._111 CHECICED 1M ....... .......t D.H.N. '=-=. ~ .:~ = ~~ 04-0010.00 SHEET 1 OF 1 ~~BER; 40010X01 NUM BER: - ,,-,--~ ""-._-_.-",--".- _..-,.._~- BC /.. .._,-,.,_., I t------ ~! ~ ( I ':::Y !!~ : 2 ~~! !~ 1/ ~ Ii \ . fi ~ g 'i!1 ¡II! \ m! / L ~c 0 - " ~ 4,-\1. ~ ~ ( ..r ~ .. .. .. - "Tj -.;v _ f-- . "Tj " .. ¡ '. ¡---;;- ~ 0 - " I--- - . '\. v--.. en > . " ~I" "" " " . ~ I ~ " Co) _ I--- --'- ~ ~ c: ~ i" ~. " "" " " --.::. ~ ~ ~o _I) I--- " o '" - ~ - - - :D - - --'- Iii t"I1 ~ 0 :; :D - en "11 ". f-.-/ "11 PAUl - "'ID:;j _ " ~ ~ ~ l J ~~ ~ I H en i - ~ ~r:---- ..? = Z " L..,,""". _, ~ ~ .. ~. -=-- " - . - - \ L~Ji ~ ¡ : : i '"7 ; '.: I ! ~ tJ ~ _ '0·· f. ... () .( He ~ c---------- . > ~) " ne ~ ~., -~ c: t"I1tJ ~ ~ 0 g t"I1 II!i I i / g I to " / ~ II~ / c: ~ ~ 0 ~ s I!!II 8" ~c: I~I ,"0 " J L--- ~~ I ~ , , ~ ..... - j!!!!2 ~ I I I! / ...... I ....0.._ ....-\Ø___....___~..__~,.\__ M5 "'" "'" .. """'" ......", R1ILJ\c ~~&~ ~y. 2tX)f .. -- """ PÆM 5f'/(fNú5. L-L-C, íRIAIJ KPIP -- """" Of~.OO /,,-2tJC1' ~- ORA'" mr.& ..:xJIOI\O+ "" Off51æ INæRFAŒ tXHIßlf ...... "".L ... PWmm. PmjectMlnlp -- .,..... _.....................................1. ,..~_ AUC:...,...~ . . . 0.. --....--'... ._~......._.,._-,..._..._.__..,~--,... _.,._,-...~_..._...,~..-.__.._-_. I 8C I I I I : I : I I )i II i I( """'\ ~ I! ¡~ J I I Hi I ~ I J I : ! ! II :11 : I I . I! I : i . ! Iii I i ,~ il ip : § I I 1 ~ 1 II : ~ ~ I II : I "1 I .~ 1 m . ~ 1 I I 1 I ! I 1 I- I I" - ?~ n ! . I 1 L ~i-Ì ¡ ~~: 1 .~ ~~. I! 1 ~ ~ I~ I ~~ ii! II ~ en> ent) . ~~ Ii ~ I! ~e I Ot) I" Z I~ en :! II :1 ! ¡ ~ I : I I . ~ ~ I i ~ ~ : ¡ i I i ¡~ I I I I I I II ......_...._ ..\_ ....--_1-'__..- -_,.1 .. ~- JBD TIPI't .. """" .....", RlIL~C ~~&~ ~y. 2QOf ,.. .." 2M PÆM 5PRINú5, u...c. fRll\O RPW -... IC.WI 0..-000.00 1"-/0' -... ........ mt& """""""'" AS. ... '" 't' 't'.J. ... Pbmc:II, Pmjcct MaoIp -- """"'" CR0555eC17ON5 ...............................AIoIIII..... \l1li""". FR"'~ . . . .". ~"___'o__··. -_._"---._---~-,-'_., '---'-"-- ~ ~"~._- 8C STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-11 Which was adopted by the Board of County Commissioners on the 22nd day of February 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 23rd day of February, 2005. DWIGHT E. BROCK .-~~::i1S., "". Clerk of Courts··'a:I).d..~¢fJ~,. '.. . 'C ' Ex-officio to,·,B.öård. of ". 1/ ' A' , .' , \. . f..,y, County Commi~'s.iÞ0ers' .~... ". _.= ", ~ (}~ rJd{) llc - ..' I"~ d. ..'. :.; . \,' - .. ..,: ~.. .".:' . 'j:.~ ; 'I, ...~), ". ~~ _ __..:~,'/::~.:- .: ,-......0 .:~ By: Heidi R,. ~clchold~".··>~;- , Deputy 21fT-tJçÙ:;~:j'" t~~;·. ' " \, ' ....- \\\\...".."", "'....",... ---,..--.. /, ,. 8E COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to th~ Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating DeptJ Div: Comm.Dev.Serv./Planning Person: Michael Bosi, AICP (YI:f I) Date: f~~ Petition No. (If none, give brief description):PUDZ-A-2004-AR-5879, Copper Cove Preserve (&a) Champion Lakes Petitioner: (Name & Address): Q Grady Minor & Associates, PA, D. Wayne Arnold, 3800 Via Del Rey, Bonita Springs, Fl. 34134 . Name & Address of any person(s) to be notified by Clerk's Office: (If more space is n~ttafh separate sheet) Champion Lakes Development, LLC, 606 Bald Eagle Dr., Suite 603, Marco Island, Florida 34145 --- Hearing before BCC BZA Other Requested Hearing date: Februarv 22. 2005 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDZ-A-2004-AR-5879, Champion Lakes Development, LLC, represented by Richard Y ovanovich, of Goodlette, Coleman and Johnson, P A, requesting revisions to the POO document to abandon the previously authorized recreational vehicle use and replace with conventional mixed residential dwelling unit types, and change the PUD name to Copper Cove Preserve RPUD. A maximum of 300 residential dwelling units are requested, with a project density of approximately 2.910 units per acre. The property is located on the north side of Championship Drive, in Sections 11, 14 & 15, Township 51 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113-138312-649110 No If Yes, what account should be charged for advertising costs: ~ ;þ¿}/o'e) Date Approved by: County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ****************************************************************************************************** FOR CLERK'S 0lFICt15SE ONLY: I .... Date Received: l 3\. · Date of Public hearing: 'Crï ~ '1 t;I!; Date Advertised: ~ lI/j:;f) ...--.--'-^<- ._"- ,,, 8 E .. .. ORDINANCE NO. 05- 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 WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT "POO" TO "RPOO" FOR THE DEVELOPMENT KNOWN AS CHAMPION LAKES RV RESORT, TO CHANGE THE NAME OF THE POO TO THE COPPER COVE PRESERVE RPOO AND TO ABANDON THE PREVIOUSLY AUTHORIZED RECREATIONAL VEHICLE UNITS AND REPLACE THEM WITH CONVENTIONAL MIXED RESIDENTIAL DWELLING UNIT TYPES, WITH A MAXIMUM OF 300 RESIDENTIAL DWELLING UNITS FOR A PROJECT DENSITY OF APPROXIMATELY 2.96 UNITS PER ACRE FOR PROPERTY LOCATED ON THE NORTH SIDE OF CHAMPIONSHIP DRIVE, IN SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 101 ACRES; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 00-21, AS AMENDED, THE FORMER CHAMPION LAKES RV RESORT POO; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold of Q. Grady Minor & Associates, PA, representing Champion Lakes Development, LLC, petitioned the Board of County Commissioners to change the zoning classification of the subject real property as part of Petition POOZ-2004-AR-5879; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; SECTION ONE: The Zoning Classification of the subject real property as described in Section I of the POO Document, attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof, located in Section 15, Township 51 South, Range 26 East, Collier County, Florida, is changed from "POO" to "RPOO" Planned Unit Development to abandon the previously authorized recreational vehicle use and replace with conventional mixed residential dwelling unit types. A maximum of 300 residential dwelling units are approved, with a project density of approximately 2.96 units per acre. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, the Collier County Land Development Code, are hereby amended accordingly. 1 ~' 8 E SECTION TWO: Ordinance Number 2000-21, as amended, known as the Champion Lakes RV Resort PUD, adopted on April!!, 2000, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety and replaced with these regulations. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super majority vote of the Board of County Commissioners of Collier County, Florida, this _ day of ,2005. A TrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: FRED W. COYLE, CHAIRMAN Approved as to Form ~'^' Patrick G. White Assistant County Attorney 2 r S'E CIL"JO.1VIPION LL'\KE8 R,r RESORTCOPPER COVE PRESERVE A MIXED-USE RESIDENTIAL PLANNED UNIT DEVELOPMENT 101.5± Acres Located in Sections 11, 14 & 15 Township 51 South, Range 26 East, Collier County, Florida PREPARED FOR: Raymond James SmelaColonial Homes. Inc. 12220 Towne Lake Drive. Suite 75 Fort Mvers. FL 339132000 Røyall\farco 'Vay, UBit 310 l\farea IslaBd, PI 34145 PREPARED BY: Q. GRADY MINOR & ASSOCIATES, P.A. 3800 Via Del Rey Bonita Springs, F1 34134 (94+239) 947-1144 (94+239) 947-0375 Fax and Richard D. Y ovanovich Goodlette Coleman and Johnson. P.A. 4001 Tamiami Trail North. Suite 300 Naples. Florida 34104 EXHIBIT "A" 8E TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE 11 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION 1-1 SECTION IT PROJECT DEVELOPMENT 2-1 SECTION ill RECREA TIONAL VEHICLERESIDENTIAL 3-1 SECTION IV RECREATION 4-1 SECTION V PRESERVE 5-1 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6-1 COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 11 8E LIST OF EXIllBITS EXHIBIT A CH"\M~PION L\"'l:(ESCOPPER COVE PRESERVE RV RESORT POO MASTER PLAN EXHIBIT B BOUNDARY SURVEY EXHIBIT :gC LEGAL DESCRIPTION EXHIBIT GD PROPERTY OWNERSHIP EXHIBIT E LOCATION MAP TABLE I DEVELOPMENT STANDARDS COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 111 8E STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of the Developer, to create a Mixed-use Residential Planned Unit Development (RPUD) of 300 lmits on 101.5± acres of land located in Sections 11, 14 & 15 Township 51 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Champion LokesCopper Cove Preserve RV Resort PUD. The development of Champion LakesCopper Cove Preserve RV Resort PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The Development will be consistent with the growth policies and land development regulations adopted pursuant to the Growth Management Plan, Future Land Use Element and other applicàble regulations for the following reasons: 1. The subject property is within the Urban Mixed Use Residential District, Urban Coastal Fringe Subdistrict, as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Mixed Use Residential District is to provide for a variety of residential and mixed-use developments such as Planned Unit Developments. 2. The proposed residential density of the Champion LokesCopper Cove Preserve RV Resort PUD is ;b92.96 dwelling units per acre and is less than the maximum density of three (3) dwelling units per acre permitted by the FLUE Density Rating System and the Land Development Code (LDC) and is therefore consistent with FLUE Policy 5.1. The entire subjeot property qualifies f{)r a maximum density of tv.'ohe d'vvellffig units per aoro, based on the permitted density for travel trailer/recreational vehicle parYIo.S as proy¡ided in the FLUE, Urban Designation Desoription seotion and further referenoed in Section 2.2.11.1.6 of the Land Development Code. 3. The Champion LokesCopper Cove Preserve RV Resort PUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 5. The development of the Champion LakesCopper Cove Preserve RV Resort PUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. of the FLUE. 6. The Champion LokesCopper Cove Preserve RV Resort PUD is a large-scale, mixed-use community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC), Residential Planned Unit Development District. COPPER COVE PRESERVE (sufrev 4 - 12-22-04) IV 7. The Champion LakesCopper Cove Preserve R V Resort 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. 8. All final local development orders for this Project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15Chapter 6 of the Land Development Code. COPPER COVE PRESERVE (sufrev 4 - 12-22-04) V 8E 8E SHORT TITLE This ordinance shall be known and cited as the "CIL\MPION L'\Y~SSCOPPER COVE I PRESERVE RV RESORT PLANNED UNIT DEVELOPMENT ORDINANCE". COPPER COVE PRESERVE (sufrev 4 - 12-22-04) VI 8E SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSIDP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Chmnpion LakesCopper Cove Preserve R V Resort pun, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION See attached Exhibit "ISC" 1.3 PROPERTY OWNERSIDP See attached Exhibit "GD" 1.4 GENERAL DESCRIPTION OF PROPERTY A. The Project site is located in Sections 11 and 14 & 15 Township 51 South, Range 26 East Collier County, Florida. The site is generally bordered on the West by Pelican Lake and Silver Lakes RV PUDs; on the North by Quail Roost Mobile Home Park; on the East by vacant agricultural land, and on the South by Championship Dri<:e and the Fiddler's Creek PUDIDRI. B. The zoning classification of the subject property at the time ofRPUD application is Mobile Home (lvIH) and RSF 1PUn. C. Elevations within the site are approximately 3.5' above MSL. Per FEMA Finn Map Panel No. 120067 620 D, dated June 3, 1986, the Champion LakesCopper Cove Preserve RV Resort property is located within Zone "AB 7" of the FEMA flood insurance rate map. n. Portions of the site have been altered through past and current agricultural uses; however, the site does contain jurisdictional wetlands. An Environmental Impact Statement (ElS) has been submitted, pursuant to Division 3.8Chapters 3 and 10 of the LDC. E. The soil types on the site generally include fine quartz sands, including Malabar, Oldsmar and Holopaw fine sands. This information was derived from the Soil Survey of Collier County, Florida. COPPER COVE PRESERVE (sufrev 4 -12-22-04) 1-1 8E F. The Champion LakesCopper Cove Preserve R V Resort PUD contains a variety of vegetative communities, including cropland and pastures, woodland pastures, pine flatwoods, and palmetto prairies. A detailed vegetative inventory and map is included in the En~lironmenta1 Impact Statement attachment to the Application for PUD Rezoning packetClearing has occurred consistent with the Preserve area requirements and U.S. Army Corps of Engineers permits. G. The Project site is located within the Collier County Water Management District U.S. 41 Outfall Basin No. 1. 1.5 DENSITY A. Acreage of the Champion LakesCopper Cove Preserve R V Resort POO is approximately 101.5+ acres and the number of recreational vehicledwelling units authorized to be built pursuant to this POO is a maximum of 300. The gross project density, therefore, will be a maximum of~2.96 units per acre. B. At all times all property included within the Champion LakesCopper Cove Preserve R V Resort POO as described in Section 1.2 shall be included in determining Proj ect density. COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 1-2 8E" SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Champion LakesCopper Cove Preserve R V Resort POO, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Champion LakesCopper Cove Preserve R V ResortPOO will be developed as a mixed-use community, which may feature a full array of recreational vehiele dwelling types, and a recreation center, providing for activities such as community gatherings, recreational amenities, convenience commercial uses and personnel services central to community residents. B. The Master Plan is illustrated graphically as Exhibit "A". A Land Use Summary indicating approximate land use acreage is shown on the plan. The Master Plan is conceptual, and the location, size, and configuration of individual tracts, including preserves and water management facilities shall be determined at the time of Final Site Development Plan and/or Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section ~hapter 1. 4 and HI 0 of the LDC. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Champion LakesCopper Cove Preserve R¥ Resort POO shall be in accordance with the contents of this POO Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this POO Ordinance), and the Growth Management Plan. \Vhere this POO Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that are otherwise applicable shall apply. \Vhere specific standards are specified in this POO, these standards shall prevail over those in the LDC. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all tenns shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development pennitted by the approval of this POO will be subject to the Adequate Public Facilities Ordinance, Division 3.15Chapter 6 of the LDC. COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 2-1 8E D. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other sections of the Land Development Code remain in effect with respect to the development of the land which comprises this POO. E. All conditions imposed herein or as represented on the Champion LakesCopper Cove Preserve RV ResortConceptual Master Plan are part of the regulations which govern the manner in which the land may be developed. F. The &§.ubdivisions Division requirements of the LDC, ;\rticle 3, Division 3.2 shall apply to the Champion La].::esCoPDer Cove Preserve RV ResortPOO, except where an exemption or substitution is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.? . 4. G. The Site Development Plans Division ChaDter 10 of the LDC .^..rticle 3, Division 3.3 shall apply to the Champion LakesCopper Cove Preserve RV ResortPUD, except where an exemption is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.3.1. H. Recognizing that the plans for development of tracts have not been designated with a specific dwelling unit type, the type of dwelling unit which characterizes the initial development of any platted tract shall be carried out throughout the development of that entire tract. However, tracts platted for the purpose of establishing prototypical model homes shall be not be required to develop with a singular dwelling unit type. 2.4 ROADWAYS A. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this POO, or approved during Preliminary Subdivision Plat approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2Chapters 1, 4 and 10 of the LDC. The Developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the Developer on all privately owned and maintained Project roadways and roadways built and/or maintained by the Champion LakesCopper Cove Preserve RV Resort POO. 2.5 DEVIATIONS FROM LDC B-:L-Roadways within the Chû11lpion LalcesCopper Cove Preserve RV Resort PUD shall be designed and constructed in accordance with Section 3.2.8the Construction Standards Manual and Chapters ·1 , 4 and 10 of the LDC with the following substitutions: 3.2.8.1.16. Streets and access improvements COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 2-2 , 8E 1. Section 3.2.8.4.16.5 , Street Right-of-Way Width Street right-of-way width: The minimum right-of-way width to be utilized for local streets and cuI-de-sacs shall be forty (40) feet 2. Section 3.2.8.1.16.6, Dead-end Streets Cul-de-sacs may exceed a length of one thousand (1,000) feet. 3. Section 3.2.8.1.16.8, Intersection Radii Intersection radii: Street intersections shull be provided with a minirnwn of a tìventy (20) foot radius (face of curb) f-or aU internal project streets and a th.ir.y five (35) foot radius f-or intersections at project entrances. 4J.. Section 3.2.8.1.16.10, Reverse Curves Reverse Curves: Tangents shall not be required between reverse curves on any project streets. ~. Section 3.2.8.3.17, Sidewalks, bike lanes and bike paths 1. Section 3.2.8.3.17.3The primary project entry road and loop road system shall have Q minimum six fDOt (6') ',I:ide path';;ay on one side of the street, or a minimum 5 fDot (5') wide pathway on both sides of the street, which may meander in and out of the right of v,'ay. No sidewalk shall be required for that portion of the project roadway connecting to S.R. 951 (Collier Boulevard) i.e. Casa Del LaQ:o BOlùevard. 6.2.. Section 3.2.8.3 .18.2.a., Streets and access improvements The project roadway(s) extending west to S.R.951 (Collier Boulevard) may be designed as a rural cross-section or modified cross-section, subject to approval by the Collier County Planning Services Director, or his designee. 6. DrainaQ:e Easement Drainage easements between residentia1lots shall be pennitted to be a minimum of 10' in width where RCP pipe is utilized. aU ioints are sealed. and installation deµths are minimized. COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 2-3 8E 7. Preserve Setbacks Principal structures shall be pennitted to be constl11cted up to Twenty feet from preserve areas. 2.S§ LAKE SETBACK AND EXCAVATION The lake setback requirements described in Section Subsection 3.5.7.13.05.10 of the LDC may be reduced with the administrative approval of the Collier County Planning Services Director. 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. Removal offill and rock :ITom the Champion LakesCopper Cove Preserve RV Resort PUD shall be administratively permitted to an amount up to 10 percent per lake (20,000 cubic yards maximum. total), unless issued a commercial excavation permit. M2.7 USE OF RIGHTS-OF-WAY Utilization of lands within all Project rights-of-way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Developer and the Collier County Development Services Director for engineering and safety considerations during the Development review process and prior to any installations. 2.+~ MODEL HOMES/SALES CENTERS/SALES OFFICES/ CONSTRUCTION OFFICES A. CONSTRUCTION OFFICES 1. A temporary use permit shall be granted initially for a period not to exceed 24 months in length and may be renewed annually based upon demonstration of need pursuant to the requirements of Section 2.6.33.3.Chapter 5 of the Collier County Land Development Code (LDC). 2. This use may use septic tanks or holding tanks for waste disposal subject to permitting under Rule 64E-6, F.A.C., and may use potable or irrigation wells. Offices located in permanent stl11ctures shall be required to connect to the central utility system at the time it becomes available. B. MODEL HOMES, SALES CENTERS AND SALES OFFICES 1. Model homes, sales centers and sales offices shall be permitted principal uses throughout the Champion LalœsCopper Cove Preserve RV Resort PUD. 2. Model homes shall be "wet" or "dry" facilities. COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 2-4 8E a. "Wet" facilities may be occupied by a sales office and/or representative. b."Dry" facilities shall not be used as a sales office. c.Transportation to and from unoccupied model homes shall be provided at a soles center, 'Nhich also provides required parking and handicapped accommodations in acoordance ,,;ith Section 2.6.33.2 ofth6 LDC. 3 .Temporary use pennits fDr model sales centers and sales offices that are located in pennanent structures other than dwelling UIÙts, and dry model homes shall not be required. 4.Temporary use pennits fDr model sales centers, model homes or sales offices located in permanent stTuc~ures v..i~hin 0 dwelling unit shall be required. a-:-b. The temporary use pennit shall be issued initially for a period of three (3) years. Extensions in excess of this period shall require submittal and approval of a conditional use petition in accordance with Section 2.7.4 of the Land Development Code, except where model homes are located within a "model home row", in which case the Planning Services Director may administratively extend the temporary use permit on an annual basis for all of the model UIÙtS, until such time as the project lot sales reach 90% of the maximum permitted units. 5 .Temporary use permits for a sales center in a temporary structure shall be issued initially for a period ofthree (3) years and may be rene\\'ed annually based upon demonstration of need. 6.l. maximum offi';e (5) model homes/units shall be permitted within this De'/elopment prior to [mal plat appro\'al as pemlitted above. 7.Temporary use permits for a model sales center v;ithin an exis~îng subdivision sholl require a site plan as follo'1.'s: in the case of a penll.anent structure '.vhich is a d'Nelling Wlît, a Site Improvement Plan (SIP) per section 3.3.8.4 of the LDC; in the éase of a permanent structure '.vhich is other than a dwc1ling unit, a Site Development Plan (SDP); in the case of a temporary structure (modular unit or sales trailer), either a Conceptual Site Plan (CSP) '.vhich addresses the requirements ofSectÎon 2.6.33.2 of the LDC, or a Site Improvement Plan, depending on the extent of the 'Nark required. 8.Temporary use pennits for occupied (wet) model homes following subdivision approval shall require a Conoeptual Site Plan which addresses the requirements of Section 2.6.33.2 ohhe LDC. Temporary use pemlits for COPPER COVE PRESERVE (sl1frev 4 - 12-22-04) 2-5 8E unoccupied model hornet; following subdhision approyal shall require a Conceptual Site Plan and shan be issued only in conjlU1ction v¡ith an approved Site De'/elopment Plan or Site Improvement Plan for 0. model sales center '.vhich proyides adequate parking to support the model(s). 9.These uses may use septic tanks or holding tank.s for '.vasta disposal subject to pem1itting under Rule 61E 6, F.A.C., Ilnd ma)' use potable or irrigation '.vells prior to the a'.'ailability of central utility systems at ,¡.'hich time a connection to the central system shall be made. 10.All other applicable pro\'isions of the Land Deyelopment Code pertaining to Model Homes, Sales Centers, Sales Offices and Construction offices shall apply. 2.82 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or the PUD Master Plan as provided in Section 2.7.3.5Chapter 10 of the LDC. Minor changes and refmements as described herein may be made by the Developer in connection with any type of development or pennit application required by the LDC. The Plan....1Ìng SeiVice& DirectorCountv Manager or designee shall be authorized to approve minor changes and refinements to the Champion LakesCopper Cove Preserve RY Resort PUD Master Plan upon written request of the Developer. The PUD Master Plan is a conceptual plan containing approximate acreage of each land use. The actual acreage shall be detennined at the time of preliminary subdivision plat or site development approval, and shall be consistent with jurisdictional agency detenninations. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Champion LakesCopper Cove Preserve R V Resort PUD document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1.Chapter 10 of the LDC. 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the POO. COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 2-6 8E B. The following shall be deemed minor changes or refinements: 1. Reconfiguration of lakes, ponds, canals, preserve areas or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District or other applicable jurisdictional permitting agency and Collier County. 2. Internal realignment of rights-of-way other than a relocation of access points to the POO, except where the access point is required by the appropriate jurisdictional agency. 3. Reconfiguration of recreational vehic1eresidential parcels, water management and recreation parcels when there IS no net loss to areas identified as conservation or preserve. C. Minor changes and refinements as described above shall be reviewed by the appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County ordinances and regulations prior to the Count)' Manager or designeePlnnning Services Director's consideration for approval. D. Approval by the County Manager or designeePlanning Services Direct-or of a minor change or refinement may occur independently ITom and prior to any application for Subdivision or Site Development Plan approval; however, such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.910 C0Ml\10N AREA MAINTENANCE Common area maintenance will be provided by the Developer or by a property owners' association. For those areas not maintained by the Developer, the Developer will create a property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. The Developer or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and preserves serving the Champion LrrkesCopper Cove Preserve RV Resort POO, in accordance with the provisions of Section 2.2.20.3.8Chapter of the Collier County Land Development CodeLDC together with any applicable permits ITom the South Florida Water Management District. COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 2-7 8E 2.üll LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Champion LakesCopper Cove Preserve RV ResortPUD. The following standards shall apply: . A. Landscape benns shall have the following maximum side slopes: 1. Grassed benns 4: 1 2. Ground covered benns Perimeter 2: 1 Internal to proj ect 3: 1 3. Rip-Rap benns M2:1 with geotextile mat 4. Structural walled benns - vertical B. Fence or wall maximum height: Eight feet (8'), as measured :fÌom the finished floor elevation of the nearest habitable structure within the Development. lfthe fence or wall is constructed on a landscaped benn, the wall shall not exceed six feet (6') in height :fÌom the top of berm elevation for benn elevations with an average side slope of 4: 1 or less, and shall not exceed six feet (6') in height :fÌom the top of berm elevation for benns with an average side slope of greater than 4: 1 (i.e. 3: 1). G-:B. Landscape buffers, benns, fences and walls may be constructed along the perimeter of the Champion LakesCopper Cove Preserve RV Res011 POO boundary prior to preliminary subdivision plat and site development plan submittal. when 1he landscape and irrigation plans are submitted and approved Plior to plat construction. I*C. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall be subject to the height limitations for principal residential structures. In the case of access control structures within rights- of-way adjoining two or more different districts, the more restrictive height standard shall apply. RD. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allov;ed constructed in landscape buffers. per LDC Chapter 4. ~E. Landscape benns located within the Champion LalcosCopper Cove Preserve R¥ Resort POO boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located efl:-5' off the property line and/or right-of-way line. 2.-ll12 FILL STORAGE COPPER COVE PRESERVE (sufrev 4 -12-22-04) 2-8 8'E Fill storage is generally permitted as a principal use throughout the Champion LDkesCopper Cove Preserve RV Resort PUD, except in the preserve areas. Fill material generated rrom other properties owned or leased by the Developer may be transported and stockpiled within areas which have been disturbed/fanned. Prior to stockpiling in these locations, the Developer shall notify the County Community Development and Environmental Services Administrator. The following standards shall apply: A. Stockpile maximum side slope 2:1, if protected by a six foot (6') high fence, otherwise a 4: 1 side slope shall be required. B. Stockpile maximum height: Thirty feet (30') C. Fill storage areas in excess of five feet (5') in height shall be located no closer than three hundred feet (300') rrom any existing residential unit or residential unit under construction. D. Soil erosion control shall be provided in accordance with LDC, Division 3.7. 2.~13 DESIGN GUIDELINES AND STANDARDS A.f.. Collier County Planned Unit Development District is intended to encourage ingenuity, innov-ation 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 LDC, Section 2.2.20.1. BoA. The Champion LakesCopper Cove Preserve R V Resort PUD is a planned community and will be developed under unified control. The Developer will establish design guidelines and standards to ensure a high and consistent level of quality for fixed recreational ~lehicle residential units and related community features and facilities, which include features and facilities such as landscaping, hardscapes, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement 1reatments, roadway medians, fences, walls, buffers, berms and other similar facilities. 2.13 PRELIM]NA.RY SUBDIVISION PLAT PIf,A,$INC Submission, revie'.',', and approval of Preliminary Subdivision Plats for 111e Project may be accomplished in phases to correspond v;ith the planned development ofthe property. 2.14 RESIDENCY RESTRICTIONS Permanent occupancy of any resort home or recreational vehicle, ',vhether by any property O'l.TIer or renter, shall be prohibited v.'Ì.thin the ChDmpion Lakes RV Resort POO. For lots or parcels sold to individuals, the Developer/o'lmer shall be required to include in the title COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 2-9 8E transfer dooument a provision prohibiting permanent oecupancy of any recreational 'ehicle on the subject property. Nothing herein shall prohibit a recreational ~¡ehicle fTom being permanently located on a lot or lots. In addition to the uses permitted in Sa0tion 3.1 oftha PTJD, one single family d'vT,'øl1ing, may be constructed '.vithin the Project, and may be pennanently occupied by the caretaker/manager of the Champion Lakes RV Resort PUD. 2.~14 GENERAL PERMITTED USES Certain uses shall be considered general pennitted uses throughout the· Champion bak:esCoµper Cove Preserve R V Resort PUD except in the Preserve. General pennitted uses are those uses which generally serve the Developer and residents of Champion ~opper Cove Preserve R V Resort PUD and are typically part of the common infTastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Seotion 2.6.9.1 Chapter 2. 2. Caretaker/manager residence, which may be a pennanent site-built structure 3. Water management facilities and related structures. 4. Temporary sewage treatment facilities. 5. Lakes including lakes with bulkheads or other architectural or structural bank treatments. Fishing piers, community boat docks and similar structures are permitted within lake areas. 6. Guardhouses, gatehouses, and access control structures. 7. Community and neighborhood parks, boat docks arid other recreational facilities. 8. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 9. Landscape features including, but not limited to, landscape buffers, benns, fences and walls, subject to the standards set forth in Section 2.+1-10 of this PUD. 10. Fill storage subject to the standards set forth in Section 2.~lLofthis PUD. COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 2-10 'BE 11. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible, as determined bv the Board of Zoning Al'meals. B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Setback uom back of curb or edge of pavement of any road - twelve feet (12') except for guard houses, gatehouses, and access control structures which shall have no required setback. 2. Setback uom PUD boundary: Fifteen feet (15') 3. Minimum distance between unrelated structures - Ten feet (10'). 4. Maximum height of structures - Thirty-five feet (35') 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. 7. Standards for parking, landscaping, 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. 2.1615 OPEN SPACE REQUIREMENTS The Collier County Land Development Code, Seotion 2.2.11, requires that reoreational vehicle projects maintain recreation open space based on 200 square feet per lot for the fIrst 100 lots and 150 square feet per lot for each rernaining lot. Based on this criteria, the Champion Lakes RV Resort must provide a minimum of 50,000 square feet of reoreation/open space. The PUD Master Plan identifies a minimum of 20 acres of the project area d6'"/oted to recreation/open spaoe use. Consistent v;ith Section 2.6.32.3 of the Land Development Code for mi.xed use residential proiects, a A minimum of 30 percent of the gross project area shall be devoted to usable open space. 2.tf16 NATIVE VEGETATION REQUIREMENTS The subject property is located within that portion of Collier County, Florida known as the "Deltona Settlement Agreement" area. In accordance with the Stipulation for Dismissal and Settlement Agreement for the Deltona Corporation and the U.S. Army Corps of Engineers COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 2-11 8E Environmental Impact Statement, no on-site preservation of native vegetation is required by Collier Cçmnty. Preservation of native vegetation shall be in accordance with applicable State and Federal agency permits. Preserve areas shall meet minimum dimensional criteria in accordance with LDC requirements. 2.t817 SIGNAGE A. GENERAL 1. All Collier County sign regulations, pursuant to LDC, Division 2.5Chapter .2" SIGNS, in force at the time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. All signs shall be located so as not to cause sight line obstructions. 3. All internal project rights-of-way may be utilized for decorative landscaped entrance features and signage-subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein. a. All project and Development signage adjacent to and/or visible from any dedicated County right-of-way shall be developed ill accordance with the LDC, Diyision 2.5Chapter 5, SIGNS. 4. A ffiaJtÍmum OftvlO pern1anent signs, whether boundary marker or project 6nt1'011ce signsOne project entrance sign shall be permitted adiacent, may be constructed along the S.R. 951 project frontage':", subject to the entrance sign criteria specified in Section 2.1 7.R B.BOUND..^..R Y MAR---TŒRS 1. One boundary marker or project identification monument sign may be located at each property comer, adjacent a right of'lmy or right of way easement. The boundary marker may contain the name of the Project, the insignia or motto ofth6 De','elopment and Project related infoTInation. 2. The sign face area may not exceed 60 square feet in area and may not exceed the height or length of the monument upon which it is located. If the sign is hvo sided, each sign face may not exceed 60 square feet in area. 3. Sign face square footage is calculated by total square footage of name, insignia, and motto only. COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 2-12 ,. 8E 1. The setback ITom any public right of way shall be 10 feet. No setback shall be required from any other perimeter property line. 5. Boundary marker signage shall be ground mOlUlted and the si6I1 structure is limited to a maximum of 80 square feet. GB. ENTRANCE SIGNS 1. Two ground or wall-mounted entrance signs maybe located at each entrance to the project within the PUD. Such signs may contain the name of the subdivision and the insignia or motto of the Development. 2. No sign face area may exceed 60 square feet and the total sign face area of entrance signs at each entrance may not exceed 120 square feet. If the sign is a single, two-sided sign, each sign face may not exceed 60 square feet in area. For three-sided signs, the third sign side may only face internal to the subdivision and only the Project's name, motto or insignia may be displayed. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3. The setback for the signs ITom the public right-of-way, and any perimeter property line shall be 10 feet. 4. Entrance signs may not exceed a height of 8 feet above the finished ground level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than the highest crown elevation of the nearest road, unless the wall or monument is constructed on a perimeter landscape berm, in which case the sign structure may not exceed a height of 6 feet. D. CONSTRUCTION ENTR.^..NCE SIGNS 1. One sign, a maximum of 20 square feet in size, shall be permitted at each construction entranoe, to identify the entrance. The sign may also advertise employment for construction trades. No building permit is required. COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 2-13 BE E. INTERN.\L SIGNS 1. Direotional or identification signs may be allowed internal to the Development. Such signs may be used to identify the location or direction of approved uses such as, but not limited to models or model sales centers, club house, or recreational areas. Individual signs may be a maKimum of 8 square feet per side in size, or signs maintaining a oommon arohiteotural theme may be oombined to forn1 a menu board v¡ith a maximum size of24 square feet per side, and a maximum height of 8 feet. There shall be no maKimum number of permitted directional or identification signs. 2. Grand Opening signs: The Developer may display an on site temporary grand opening sign not exceeding 32 squa:re feet on a side, and not exceeding 61 square feet totaL The temporary sign shall be anchored and may be displayed on site for the first three months that the Project is open for business. FD. . TRAFFIC SIGNS 1. Traffic signs such as street signs, stop signs and speed limit signs may be designed to reflect a common architectural theme. The placement and size of the signs will be in accordance with Department of Transportation criteria. 2.±918 SIDEW ALKS/BIKEP A THS A. Pursuant to LDC, Section 3.?8.3.17Chapters 4 and 6 and Section a2A of the Champion LakesCopper Cove Preserve RV Resort PUD, sidewalkslbikepaths shall be permitted as follows: 1. An internal pedestrian walkway system IS permitted within drainage easements. 2. Sidewalks may be located outside platted rights-of-way, when located within a separate sidewalk easement. . 3. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, at the point of encroachment. 2.~·(n9 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 2-14 8E A. The Developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with Section 3.2.7.2 of the LDCthe Cons1ruction Standards Manual. COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 2-15 8E SECTION III RECREATIONÁ-Q VEIDCLE USERESIDENTIAL "Rl" and "R2" 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Champion LakesCopper Cove Preserve RV Resort PUD designated on the Master Plan as "R¥", Residential. 3.2 MAXIMUM DWELLING UNITS A maximum of 300 recreational vehic1esdwelling units may be constructed/plaoed on lands designated "R¥;", Residential on thePUD Master Plan. 3.3 GENERAL DESCRIPTION Areas designated as "R¥," on the Master Plan are designed to accommodate a full range of recreational vehieløresidential dwelling types, types and general permitted uses as described by Section 2.+§'14, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated as "RV'''for residential development is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Reoreational vehic1eResidential tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure. or part thereof, shall be erected, altered or used. or land used, in whole or part. for other than the following: A. Principal Uses - "R 1" Areas: 1. Single family attached and detached dwellings. 2. Two-fanlily and duplex dwellings. Multi family dy,'ellings including coa<.;h homes and garden apartments. COPPER COVE PRESERVE (sufrev 4 -12-22-04) 3-1 8E 3. Model homes and model home centers including offices for proj ect administration, construction, sales and marketing. 4. Recreational facilities such as parks, playgrounds, and pedestrianlbikeways. 5. Public wellfields. B. Principal Uses - "R2" Areas: 1. Single tà.milyattached and detached dwellings, townhomes. 2. Two-family and duplex dwellings. 3. Multi family dwellings. 4. Model homes and model home centers including offices for proiect administration, construction, sales and marketing. 5. Recreational facilities such as parks, plavgrounds, and pedestrian/bikewavs. 6. Public wellfields. C. 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. 2. Outdoor storage of recreational vehicles and equipment within the FPL Easement. 3. Any other accessory use which is comparable in nature with the foregoing uses, as determined by the BZA.No building or structure, or part thereof, shall be erected, alterod or used, or land used, in \\'hole or part, for other than the follo'.ving: A.Principal Uses: I.Recreational Vebicles Class .^.. motor coach or similar type recreational ~;ehicle. 2.Resort Homes not to exceed a maxÌ1nunl of 30% of the total permitted units within the PUD. COPPER COVE PRESERVE (sufrev 4 -12-22-04) 3-2 8E 3.Model Homes/140del Home Center ineluding offioes for project administration, construotion, sales and marketing. 4.Reoreational facilities such as parks, playgrounds and pedestrian/bike'l/ays. 5.Parking and outdoor storage of recreational vehicles and related facilitios. 6.Project signage, subject to Section 2.18 of the Champion Lak:es RV Resort PUD. 7. ,,^...ny other principal use which is comparable in nàture with the foregoing uses and which the Planning Services Director determines to be compatible. B. ,,'\ccessory Uses and Structures: I...^~ccessory uses and structures customarily associated with principal uses permitted in this District, including. svr.rnming pools, docks, piers, spas, screen enclosures, RV ports, recreational facilities designed to serve the Deyelopment, and essential serlÌces. 2.Sereened in porch, elevated or built at ground Ie-vel, not to ø-xeeed an area equal to that of the recreational '¡ehicle to '""hich it is attached. The screened porch may include space for on site utility/storage space; however, said areas shall not contain'ducts or facilities f-or the pro'.'ision ofhcating and cooling. 3 . Storage/Utility building, not to eKceed an area of one hundred (100) square feet. Storage/utility buildings may be detached or attoched to the principal structure. 4.,,\ny other accessory use 'vvhich is comparable in nature "lith the f-oregoing uses and 'lImch the Planning Services Director determines to be compatible in the area identified as Residential on the PUD Master Plan. B.Definitions: I.Recreational Vehicles 1\11 reoreational vehicle types permitted within the Champion Lalces PUD shall be as defined in Chapter 320.01, F.S. 2. Resort Homes For purposes of this Section, a resort home is a single family detached d'Nelling unit. Integral to the resort home is a covered recreation '-,emcle port or enclosed garage designed to store the resident's recreational vehicle. 3.5 DEVELOPMENT STANDARDS COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 3-3 l' ..--..---,~.~. .'. BE A.Development standards for all types of pemlitted uses apply to inæT;idual fecreational vehicle lot boundaries. B. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC in effeot at the time of Site Development Plan approT:al. Unless otherv;ise indicated, required yards, heights, iIDd floor area standards apply to principal structures. C. Development standards for uses not specifioally set forth in this PUD shall be in accordanoe with those standards of the TTRVC Zoning District of the Collier County Land Development Code. CoThe follo'vving development standards shall be applicable to the Champion Lakes RV Resort PUD: I.Minimum lot area: 2,800 square feet 2. Minimum lot width: Forty (10) feet (average) 3. Minimum yards: a. Front: b.Rear: a.Side: d.PUD Boundary: Prinoipal Struotures: Ten (10) feet Five (5) feet Fi..,,€! (5) feet Fifteen (15) feet 4. Maximum Height: Thirty five (35) feet 5. Distonoe Between Structures: Ten (10) feet, exoept that no separation is required betv;een principal and accessory structures on the same lot. A. Table 1 sets forth the development standards for the land uses within the Champion bakesCopper Cove Preserve PUD Residential Development Area. B. Site development standards for single family. two-family, duplex. single family attached and town home uses apply to individual residential lot boundaries. Multi- family standards apply to parcel boundaries. Co 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 flOOf area standards apply to principal structures. COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 3-4 8E 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 sinlilar to the proposed use. E. During the platting process, the developer shall identify the specific housing type intended for each platted tract. F. This proiect is located in an area identified in the Deltona settlement area~ therefore, preserve areas have been set aside as part of the settlement and no onsite preserve areas are required for this project. Setbacks fÌom preserve areas shall be as established in Table I for principal and accessory structure rear yards. COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 3-5 BE TABLE I CHAl\fPION LA...KE8COPPER COVE PRESERVE DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES AND Single Two Family Single Familv Multi-Familv STANDARDS Familv and Duplex Attached and Dwellings Detached To\VT1 home CateO"orv 1 3 4 5 Minimum Lot Area 5,000 Sq. ft. 3,500 sq. 3,500 Sq. ft. 9,000 sq. ft. ft.*2 . Minimum Lot Width * 3 50' 35' 20' 90' Minimum Lot Denth 100' 100' 100' 100' Front Yard *6 20' 20' 20' 20' Side Yard *1 6' 0' or 6' 0' or 6' *4 NA Rear Yard *1 15' 15' 15' 15' Rear Yard Accessory * 1 10' 10' 10' 10' Preserve Principal 20' 20' 20' 20' Accessory 10' 10' 10' 10' Maximum Building Height 35' not to exceed 2 35' 35' 35' stories Distance Between Detached Principal Structures *5 12' 12' 12' 20' Floor Area Min. (S.F.) 1000 sa. ft. I 1000 Sq. ft. 1000 Sq. ft. I 750 AI! distances are in feet unJess otherwise noted. * 1 - Principal and accessorY structures on waterfront lots shall be permitted to be constructed up to. but not erJcroaching into a dminage· e-asemenl *2 - Each halfofa duplex unit requires a lot areaal!ocation of3.500 square feet for a total minimum lot area of7.000 square feet. *3 - Minimum lot width may be reduced bv 20% for cul-de-sac lots provided the minimwnlot area reqillremerJt is maintained. *4 - Zero foot (0') minimum side setback on one side ofblùlm,l1g as long as a minimum 12 fool separation between principal structures is maintained. *5 - Building distance may be reduced at garages to a minimum of ] 0 feet if detached or 0 feet where attached garages are provided. Multi-family principal billldin2S shall be separated a minimum of20' and €!3rages a minimum of 1 0'. *6 - Building garages must be setback a minimum of23' from ed¡¡:e of any provided sidewalk. Minimum 20' front vard mav be redl1ced to 15' where the residence is served by a side-loaded or rear entry garage. *7 - No encroachments sha11 occur within the reqllil'ed landscape buffer£' COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 3-6 8E SECTION IV RECREATION 4.1 PURPOSE The purpose of this section is to identify pennitted uses and development standards for areas within the Champion LakesCopper Cove Preserve R V Resort PUD designated on the Master Plan as "Recreation". 4.2 GENERAL DESCRIPTION The approximate acreage of the Recreation areas are indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3Chapter 4, and Division . ~Chapter 10 respectively, of the LDC. The Recreation Area is designed as a mixed use area which will accommodate a variety of active recreational and personal services for the ChQI)}pion LakesCopper Cove Preserve RV Resort residents and guests. 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 part, for other than the following: A. Indoor or outdoor recreational facilities and structures such as pools, fitness facilities, clubhouses, community buildings, playgrounds, playfields, walking trails and tennis courts. R.^.. mmÜmum of 15,000 square feet of gross building ilrea may be utilized for a variety of coavenience commercial and personal service uses [Dr 0~11ers and guests of the Champion Lakes RV Resort roo, including, but not limited to, sales offices, delicatessen, convenience market, satellite banking, auto washing, postal station, and beauty salon. l..ny other personal service facility of a similar nature to those listed above shall be authorized by the Collier County Planning SeI~;ices Department Director. No signage acknovdedging the presence of the convenience commercial uses shall be visible rrom any public or plivate street extcmal to the pyg.. G-B. Vehicular!recreational T;ehiole and recreational equipment parking and storage. f>..:C. Pennitted Accessory Uses and Structures COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 4-1 BE 1. Accessory uses and structures customarily associated with principal uses pennitted in this District, including parking facilities. 2.Propane filling station for resident use only. J.:.2. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director County Manager or designee determines to be compatible, as determined by the BZA. 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Fifteen feët (15') 2. Side Yard: Ten feet (10'). 3. Rear Yard: Fifteen feet (15'). 4. Setback from a lake (or oonser'.'ation area) for all principal and accessory uses may be zero feat (O').Preserve: a. Principal: Twentv feet (20') b. Accessory: Ten feet 00'). 5. In no instance shall there be an encroachment into a required landscape buffer area. B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Thirty-five (35) feet; except clock towers or similar architectural features, which shall be pennitted up to forty (40) feet. D. Minimum distance between principal structures - Ten feet (10') or greater if required by local fire codes at time of development. E. Minimum distance between accessory structures - Ten feet (10'). Parking for uses and structures constructed in the Recreation Area: one (1) space per 1,000 square feet of enclosed building area. COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 4-2 8E SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to identify the pennitted uses and development standards for the area within the Champion LakesCopper Cove Preserve RV Resort POO designated on the Master Plan as Preserve. 5.2 GENERAL DESCRIPTION Areas designated as Preserve Areas on the Master Plan are designed to accommodate conservation, open space, landscape buffers, passive recreation and limited water management uses and functions. The approximate acreage of the Preserve Areas is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. The actual acreage and location of Preserve Areas will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectiT/ely, of the LDC, and shall be based in part on jurisdictional agency requirements. 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 whole or in part, for other than the following: A. Permitted Principal Uses and Structures . 1. Boardwalks, landscape buffers, nature trails, shelters. 2. Water management facilities, consistent with approved SFWMD and U.S. Armv Corps of Engineers pennits facilities, ,"vith approval by Collier County Environmental and Engineering Revie'..\· Services. 4:.3. Signage, subject to Section 2.18 of Champion Lakes RV Resort POO.Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the County Manager or designeePlanning Services Director determines to be compatible in the Preserve Area. COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 5-1 5.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements 1. 2. From PUD or tract boundary: From Lake/Preserve: B. Maximum Height of Structures: COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 5-2 8E Ten Feet (10') Zero Feet (0') Twenty-five Feet (25') 8E SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Champion LakesCopper Cove Preserve RV Resort ProjectPUD. 6.2 PUD 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 noted. B. The RPUD Conceptual Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary/final 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 Division 3.2 and 3.3 ofthe 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 dedicated County utility easements shall be conveyed to Collier County, pursuant to the Collier County Land Development Code, as amended, except as may be provided in Section 2.20 of this PUD Document. B. Upon completion of the utility facilities, they shall be tested to ensure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 6~1 8E C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section ~2.19 of this Document. D. One (1) wellfield easement, not to exceed 30 feet by 30 feet in area, shall be provided to Collier Countv in the location shown 011 the Master Concept Plan. Said easement shall be dedicated on the first plat for the project. The applicant agrees to coordinate with Collier County to provide a second well field easement at the time of SDP or plat approval near S.R. 951 if such an easement can be provided without impact to preserve areas or proiect si£P1age. 6.5 WATER MANAGEMENT A. In accordance with the Rules of the South Florida Water Management District, this Project shall be designed for a storm event of a 3-day duration and 25-year return. rrequency. B. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County LDC. All lake dimensions will be approved at the time of excavation permit approval. C. The Champion LakesCopper Cove Preserve RV ResortPUD conceptual surface water management system is described in the Surface Water Management and Utilities Report which has been included in the PUD Rezone application materials. D. In accordance with the Harper Analysis submitted for the proiec1. water management lakes shall be aerated to achieve the required reduction in nitrogen and phosphorus as demonstrated in the analysis for the site. 6.6 ENVIRONMENTAL A. Wetland buffers shall be provided in accordance with Army Corps of Engineers and South Florida Water Management District Rules. B. An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Services Department Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic vegetation removal within all conservation/preservation areas shall be submitted with the above-mentioned plan. C. }>- non exclusive conserviltion easement or tra-ct shall be established on the plat fDr agency jurisdictional wetland areas váthin the designated Preserve Area on the COPPER COVE PRESERVE (sufrev 4 -12-22-04) 6-2 8E PUD Master Plan, in accordance with Section 3.2.8.4.7.3 of the Collier County Land De~¡elopment Code.All conservation/preservation areas shall be designated as preserves on all construction plans and, if the project is platted., shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be dedicated on the plat to the proiect's homeowners association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. D. All category I invasive exotic plants, as dermed by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property o\ovner. E. A Preserve Area Management Plan shall be provided to Environmental Services Department Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. F. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final Site Plan/Construction Plan approval. 6.7 TRANSPORTATION The development of this PUD Master Plan shall be subiect to and governed by the following conditions: A. Access to the Champion LakesCopper Cove Preserve R '/ Resort PUD shall be permitted via an extension of Championship Drive. Said extended roadway shall be surfaced with dustless material prior to commencement of site work. B. All trank control devices. signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition. FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. An other improvements shall be consistent with and as required bv the Collier countv Land Development code (LDC). C. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). D. Access points, including both driveways and proposed streets, shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be COPPER COVE PRESERVE (sufrev 4 -12-22-04) 6-3 8E consistent with the Collier County Access Mana~ement Policy (Res. 01-247), as it may be amended from time to time, and with the Collier County Long-range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan: however, no additional access points shall be considered unless a PUD Amendment is to be processed. E. Site-related improvements (as apposed to system-related improvements) necessary for safe ingress and egress to this proiect, as determined bv Collier County, shall not be eligible for impact fee creclits. Al1 required improvements shall be in place and available to the public prior to the issuance ohhe first CO. F. Road impact fees shall be paid in accordance with Collier County Ordinance 01- 13, as amended, and Division 3.15. LDC, as it maybe amended. G. Al1 work within Collier County ri~hts-of-way or public easements shall require a Right-of-wav Permit. H. All proposed meclian opening: locations shall be in accordance \vith the Collier County Access Management Policv (Resolution 01-247). as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Anv such modifications shall be based on, but are not limited to, safety, operational cirClùation, and roadway capacity. 1. Nothing in any development order shall vest a right of access in excess of a right . in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for . damages against the County bv the developer, its successor in title. or assignee. J. All internal roads. driveways, al1evs. pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained bv an entity created by the developer and Collier C01Ultry shall have no responsibility for maintenance of anv such facilities. K. If any required turn lane improvement requires the use of existing County right- of-way or easement. compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. L. If, in the sole opinion of Collier Countv, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be COPPER COVE PRESERVE (sufrev 4 - 12-22-04) 6-4 8E borne by the developer and shall be paid to Collier County before the issuance of the first CO. M. The developer shall be required to construct a five foot wide concrete sidewalk within Roost Road Right-of-way, along the proiect's frontage on Roost Road. The required sidewalk shall be constructed concurrent with phase one of the proiect's plat and plan. A gated pedestrian access point to Roost Road shall be provided from the proiect in the general location shown on the Conceptual Master Plan. N. The developer shall explore with the U.S. Army Corps of Engineers and SFWMD the feasibility of constructin!2: a nature trail/path within the preserve area., extendin!2: from S.R. 951 to the residential areas of the proiect. O. (OPTIONAL, DEPENDING UPON CIRCUMSTANCES) Adjacent developments have been desi!2:ned to provide shared access or interconnections with this development. The PUD Master Plan indicates these locations. The developer, or assigns. shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. B. That portion of the Champion Lakes PUD lying between Silver Lake PUD and Pelican Lake PUD shall not be improved for roadiva)' purposes, unless required by Collier County. COPPER COVE PRESERVE (sur rev 4 -12-22-04) 6-5 '__'''__'~'~'_'0"_ -z_ " " : ' no8!:!3I1ìO:l n;e 1fS) 0I:I'1,\3ì d~ Id ~ ~i ~ ~ 12 ~ ¡~ ~~ ! I ! ~ <Ø CJ)ffiffifßffi §~~~~ +1 +1 +1 .t!; il1 LOC\lC'I!r.~ CÒ C\i CO <'I , _ CO w ~ ~ Z ~ o t> a: ~g ~ ::>~ ~ ~ g~ ~~ ..J ~WCJ)~~ ~ +§~~~ g OCa:..JD.. - I I Ii 1·~~"I~i~. I· I·. ~i illil~ ~!I;ï¡=:¡Si.~ ¡Ii !¡ !i~i:;ir;¡¡i!:I;!¡i~I!! ¡:!I ~ II. .1111010. hO!~~.*'1 10. 18 Ii !~!;II ¡llil!¡!!:!!~~~1 _I;. I *. Illh l.illll"IS ~lols ~ Ii¡ ¡~ !~ì¡!IIII=ii~~ìl!ISI:!~1 I i!~ ~I tlo8111 tiC·~sl"U. SIo'I ... ~ìil ~i !~~lloiIiIS;~I~!~¡~:;I~ · I ;~ I II !!n!.!n~sl:I~lllìU:¡ ~ hI ... ~ï 1!¡Io~!II~I~$:I~~:~I~~~ sig a". ~ I~" lillol~ s8S;*liili sa, g 1=~·=!ii;l$ I:~I~I!~¡~ :r~i !I :rS~;I~È~lorl:*~~äl*i~l~ ¡Iii ;; ~I:.þ:.:.!!*~¡I~:~:i.l. !~;m .1 ilii..ihhlo..â.:r!inulhi U~8 iC lis It ~ . . . ¡Ii -I: :I 0>t>II15OOIJ .øwK'œw....lYli ~ JnNi Dw1.... ~~:.~ Ii i . " I 8E I 'II . 1*1 t! ~ I -I I i iiil¡ I I;· ¡!Q I I !Ii I ¡¡III- !! I!!I ~. I:! !:il !¡I ; ;I! II I I111I !I "~I I .. III! I lill I II I! i~1 ; iI," II at. II 11.;1; r !lli I I I~I !I I !~II; I ~IIIII ~, wit ¡I;II ' Iii f 115"' ; II II .. ii, i" I I !*I ~I ~ ~M ~! ~ ~Inil ~; I; nil !i,to ~ ::: :t ::: :t ~~~:N e-. :ö!:: -.q ~ ~ -.q il :ö!:: I:>.. -.q ~ -.q I:>.. . III~ b lIIi; lIa~ !!j II 0311 r7JNn ~ .~¡ ".101 1!1o .. S- III ... ...... ~ ~~ .. ... ... ... ., "--.I , I r I .. ~ , ~ II-lHl IIIJ:J1S A V-i.,... .t/uia.Þ l. .. 1J:In ""1 ß _",IGM , ... .. ::> ~I !I . ~. ¡¡;\)III h.fl ~ = ~. ....~ i J~ I!d 1i~:I II I~ II 11:1 ¡. !I ¡..i!!r:: ...~I ~~'" ..~¡ ....~ ~ HIlJIl:S$IJW;MOMII.,. all!lfØltMJ It œN" Ø!/IJYJ ilGlJlllJJIIIØ~¥ .IW11M1S/ IS- ¡!~ n! g~a ~I !t ~ ~:OI ~ ¡" ~ [~ Ii "1 I ~ ~ §:¡ ~.. 1"lm i~ ~II '·1 :~ I . f ~ Ii Ii ~ ) ¡ .. .. ! è , I C iì ~ I I .. .. ~I' - - a ttl, ~ . t .Will ----------------_J Iii! ì!dl PIIIIII1I l.ø.lUP8 .1 !I III leœR¡¡ =alll £~;g g ;~!:~::~:~~:~:~~~::. ~I - - Mr¡';~_ 8E EXlllBIT C COPPER COVE PRESERVE PUD LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 11 AND THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF SECTION 11, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 01058'30" EAST, ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 11, FOR A DISTANCE OF 977.17 FEET; THENCE RUN SOUTH 88°14'03" EAST FOR A DISTANCE OF 440.00 FEET; THENCE RUN SOUTH 01 °58'30" WEST FOR A DISTANCE OF 101.13 FEET; THENCE RUN NORTH 88°05'15" WEST FOR A DISTANCE OF 40.00 FEET; THENCE RUN SOUTH 01 °58'30" WEST FOR A DISTANCE OF 1 08.24 FEET; THENCE RUN SOUTH 88005'18" EAST FOR A DISTANCE OF 327.16 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHEAST, WHOSE RADIUS POINT BEARS SOUTH 88°17'11" EAST, A DISTANCE OF 140.00 FEET THEREFROM; THENCE RUN NORTIIEASTERL Y, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 140.00 FEET, THROUGH A CENTRAL ANGLE OF 90°02'49", SUB TENDED BY A . CHORD OF 198.07 FEET AT A BEARING OF NORTH 46°44'14" EAST, FORA DISTANCE OF 220.03 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 88°14'22" EAST FOR A DISTANCE OF 510.14 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 11; THENCE RUN SOUTH 01 °42'49" WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 11, FOR A DISTANCE OF 910.75 FEET TO APOINT ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 11; THENCE RUN SOUTH 88°05'18" EAST, ALONG TIIE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 11, FOR A DISTANCE OF 690.46 FEET TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00°01'41" WEST, ALONG THE EAST LINE OF THE WEST 1/2 OF THE NORTIIEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 14, FOR A DISTANCE OF 1,389.59 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14; THENCE RUN NORTH 88°20'44" WEST, ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14, FOR A DISTANCE OF 2,077.67 FEET TO THE SOUTHWEST CORNER OF TIIE NORTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14; THENCE RUN NORTH 00017'50" EAST, ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 14, FOR A DISTANCE OF Page 1 of2 EXHIBIT C COPPER COVE PRESERVE PUD LEGAL DESCRIPTION Page 2of2 1,398.73 FEET TO THE POINT OF BEGINNING; CONTAINING 94.732 ACRES, MORE OR LESS. AND KRESSE PARCEL THAT PORTION OF THE NORTH 1/2 OF THE NORTH 1/2 OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LYING EASTERL Y OF STATE ROAD 951 (ISLE OF CAPRI ROAD), LESS AND EXCEPT THE SOUTHERLY 1,100.00 FEET THEREOF AND LESS AND EXCEPT THE NORTHERLY 220.00 FEET THEREOF; CONTAINING 6.826 ACRES, MORE OR LESS. Page 2 of2 8E COPPER COVE PRESERVE PUD EXHIBIT D PROPERTY OWNERSHIP FOLIO NUMBERS: 00742960107, 00741720005, 00741560003, 00736880206, AND 00736880109: COLONIAL HOMES, INC. ATTN: ALAN S. FARRIOR 2000 INTERSTATE PK DR STE 400 MONTGOMERY, ALABAMA 36109 F:\JOB\CHAMPION LAKES\ZONING\PUD DOCU!\.1EN1\EXHIBIT D.doc BE COPPER COVE PRESERVE PUD EXHIBIT E LOCATION MAP .M T T AI( ra lOAD QUIEN. · "Allte · 15 III VI t" A · 14 "" · ...... ..... FLORIDA 1 "'AD · 1 ca.t. ... SHADOW · ........."'" a PARK SPORTS PA K · COUNTRY CLUB RAffiESNAK HAMMOCK LELY ~ ¿f LELY ELEMENTARY 21 22 23 W E EDISON COUMUNITY COLLEGE ¡? ~ 30 28 27 26 EAGLE LAKES COMMUNITY LEL Y "'- PARK RESORT cr-> 33 31 32 34 «-" 35 U 7 :\ J-" \ \ /i 16 ~ V ( 23 19 20 21 28 25 30 BE January 31, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 RE: PUDZ-A-2004-AR-5879 Copper Cove Preserve (tka) Champion Lakes Dear Legals: Please advertise the above referenced notice on Sunday, February 6, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann J ennej ohn, Deputy Clerk P.O.!Account # 113-138312-649110 8E NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, February 22, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: 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 WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT "PUD" TO "RPUD" FOR THE DEVELOPMENT KNOWN AS CHAMPION LAKES RV RESORT, TO CHANGE THE NAME OF THE PUD TO THE COPPER COVE PRESERVE RPUD AND TO ABANDON THE PREVIOUSLY AUTHORIZED RECREATIONAL VEHICLE UNITS AND REPLACE THEM WITH CONVENTIONAL MIXED RESIDENTIAL DWELLING UNIT TYPES, WITH A MAXIMUM OF 300 RESIDENTIAL DWELLING UNITS FOR A PROJECT DENSITY OF APPROXIMATELY 2.96 UNITS PER ACRE FOR PROPERTY LOCATED ON THE NORTH SIDE OF CHAMPIONSHIP DRIVE, IN SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 101 ACRES; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 00-21, AS AMENDED, THE FORMER CHAMPION LAKES RV RESORT PUD; AND PROVIDING AN EFFECTIVE DATE. Petition PUDZ-A-2004-AR-5879, Champion Lakes Development, LLC, represented by Richard Yovanovich, of Goodlette, Coleman and Johnson, PA, requesting revisions to the PUD document to abandon the previously authorized recreational vehicle use and replace with conventional mixed residential dwelling unit types, and change the PUD name to Copper Cove Preserve RPUD. A maximum of 300 residential dwelling units are requested, with a project density of approximately 2.96 units per acre. The property is located on the north side of Championship Drive, in Sections 11, 14, & 15, Township 51 South, Range 26 East, Collier County, Florida. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by 8E the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts .~Gup~~pfeo:Qier CLERK OF THE CIRCillT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI ~ EAST . P.O.BOX413044 NAPLES, FLORIDA 3-4101-3044 "~.i ~ '~,l" 8E January 31, 2005 Clerk of Courts Accountant Auditor Custodian of County Funds Champion Lakes Development, LLC 606 Bald Eagle Dr., Suite 603 Marco Island, FL 34145 Re: Notice of Public Hearing to consider Petition PUDZ-A-2004-AR-5879: Copper Cove Preserve (fka) Champion Lakes Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 22, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 6, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ ~O.C. Ann JenA2john~ Deputy Clerk Enclosure Phone- (239) 732-2646 Web site- www.clerk.collier.ft.us Fax-(239)775-2755 Email-collierclerk@clerk.collier.ft.us Dwight E. Brock Clerk of Courts ~ø~t~-_~fe'ó~ier CLERK OF 1HE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 330l TAMIAMI TRAIL EAST t· . P.O. BOX4]J044 NAPLES, FLORIDA ~~101-3044 ~ ' BE January 31, 2005 Clerk of Courts Accountant Auditor Custodian of County Funds ~þ:. îr.: D. Wayne Arnold Q. Grady Minor & Associates,PA 3800 Via Del Rey Bonita Springs, FL 34134 Re: Notice of Public Hearing to consider Petition PUDZ-A-2004-AR-5879: Copper Cove Preserve (fka) Champion Lakes Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 22, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 6, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ c· Ann Jenn . hn, Deputy Clerk Enclosure Phone-(239) 732-2646 Website- www.clerk.collier.D.us Fax-(239) 775-2755 Email- collierclerk@clerk.collier.D.us Ann P. Jennejohn ôÉ To: Subject: Legals (E-mail) PUDZ-Ä-2004-ÄR-5879 Copper Cove Preserve Please advertise the attached on Sunday, February 6, 2005. Thank you, Ann Minutes & Records 774-8406 ~ {J PUDZ-A-2004-AR-S 879.doc PUDZ-A-2004-AR-S 879.doc 1 8E Ann P. Jennejohn From: Sent: To: Subject: postmaster@clerk.collier.fl.us Monday, January 31,20053:46 PM Ann P. Jennejohn Delivery Status Notification (Relay) l~ F::/1 L::J ATT08612.txt PUDZ-A-2004-AR-S 879 Copper Cov... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 8E Ann P. Jennejohn From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Monday, January 31,20053:44 PM Ann P. Jennejohn Delivered: PUDZ-A-2004-AR-5879 Copper Cove Preserve ~ L:::J PUDZ-A-2004-AR-S 879 Copper Cov... «PUDZ-A-2004-AR-5879 Copper Cove Preserve» Your message To: Legals (E-mail) Subject: PUDZ-A-2004-AR-5879 Copper Cove Preserve Sent: Man, 31 Jan 2005 15:46:18 -0500 was delivered to the following recipient(s): legals on Man, 31 Jan 2005 15:43:44 -0500 1 PUDZ-A-2004-AR-5879 Copper Cove Preserve Page 1 of 1 8E Ann P. Jennejohn ,#_-<~,----~----,~-----'------~~--~_¥-"-'"----~~._-~-~-----"" From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Monday, January 31,20055:07 PM To: Ann P. Jennejohn Subject: RE: PUDZ-A-2004-AR-5879 Copper Cove Preserve OK -----Original Message----- From: Ann P. Jennejohn [mailto:AnnJennejohn@clerk.collier.fl.us] Sent: Monday, January 31, 2005 3:46 PM To: Legals (E-mail) Subject: PUDZ-A-2004-AR-5879 Copper Cove Preserve Please advertise the attached on Sunday, February 6, 2005. Thank you, «PUDZ-A-2004-AR-5879.doc» «PUDZ-A-2004-AR-5879.doc» Ann Minutes & Records 774-8406 2/1/2005 ~~ 1-.. .CE =lce ~AlYe~ ti1rÐo ;01 Co Goørn~ - - -- - - - - - -- -- - -- - - -- - - -- - - - -- - -- - - - - - - - -- -- - - -- - - - + - - - -- - -- fro::ttr!: -- collrn.y c;QmmfhlÞners W con$ldeI' me ~_ I ment of II County ordI- nance. The~' will ¥~':~m~ o'f::¡'O:ti'C: ~==~r~lne~ I,'u AN øJ . ,f gi*~~~N1f ~L 'AMEN~TNYd¡ 4c1 ME=R'T:t"E.í¡' . COUNTY LAND o . E 'THE Z -r I> ~ DjIl'- ~ ~~liAPO: ~LA$SI~lc1~ o HE SU.BJECT REAL I ~L~~:EtRJNIT t:v~r. OPMENT ".P\lD" TO ÖA,'1fiN~OR TH£DEVEL- i C"AtlfPIO,f~¡r¡~ ~ð . RESORT TO' CHANGE TN ItIPUD TO ~O~ All. . PREVI- Ol/SLY AUT ORIZED DJ.1~r~~r:.ALR~ltª1 t'g.':.. ~Wé.r~: TTyIAp.LESDWwEITLLING UNIT .' H A MAXI- rp~~:~.O . .ï:~I~E!:- UNITS ../0 U. FOR PROfIIRTV . L . TED ON ~IfIJ·ft,3l SHIP 11 S. TOWN- 26 EAST, . ~~~ TV. .FL,ÖRtDA. CONSIS- TING OF 101 ioCR. C IS' PROVlÞIN$ FOR THE RE~ &~\\f!D ~!~,L.t.r¡i AD SPACE: 189.000 INCH AM£NOID., THE FORMER FILED ON: 02/07/05 I ~~wrliWD:LAKES RV ::~:~~~:. ~~. ~~~::~~.. "'¿~" ~ .... .... ···+·····1 ~~. AN ·.mc~ Sworn to and Subscribed b~fore me this 7 ~ day of ~~~ 2oé~ Personally known by me :~, ^ "",,;(jT' ß Lc4 iJ Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 58990135 PUDZ-A-2004-AR-5879N State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 02/06 , " . ~ > , " :,...~:,:[:~:"t:~~',;__ ~ ,.., ~-Jrjn,;u: ,)wirK,n~J *: tTh"if :,0 ,,~V \.O:v1MI::SIO~J '" ÙI1·'·'89 E"I :'f:.:"~--,,K~.~::' . ".'. ~: '; . ~.~,.",-_~,;;, -1,(,", '}>;"~;-;-'Ò0';': J~~! £{ LDOI .,.,/?~,~~\", ;')'-'/r~!N ¡Wi ·'eUtlonPUOZ-A-2004- 1.R-.879, Champlo Lake' Developmenbt LLC, represented Rlehard yovanoylch. 0d ~,r~ re91110n. to. the PdUD dOCllmel\t to 11",1'1 on .äthe preVIOUsly author- ed recr'-Ional vehl- e e use ¡and I'eP.Iece with conventIonal mixed residentIal dwelling unit type,. and change the PUD nam. to CaRper Cove Preserve RPUD_ A ."axlmum of 300 resl- elentlal -.lIIn9 IInlts are requested. with a proJect density of ap- I pro xl mat. III 1.11 units I Þét ~, 11Ie property . Is Ioêated on tI1ê north side of Championship DrIve In sectIøn$ 11. 14. t li. Town,hl" 51 outh. Ranoe 26 last, collier CountY. Flol'kJa, copies of the proposed Ordinance .are on file with the Clerk to ablthe ~~~ ~ are InVIted to and be heard. NOTE: All persons wish- Ing to speak on any agenda Item must reols- terl with the County ad· mm..... prior t01lf'&' sentatlon of the agenda Item 0 be addressed. IlK spl!.kers will be to 5 mInutes on . The selec· I tlon 0 .. an Individual to ,,.all.o!! . behalf of an ~n or group Is \ eftCØŒ' .' td. If recog· nlzed. .th., e. Chairman. a spo es erson for a group i»rPorganlzatlon : maY be allotted 10 min- I utes to speak on an item. PersOfIS wishing to have written or oraphlc ma- terials InClirdJldl1'lkthe Board ...,,\fa pac ets must submit said ma- terIal a mlnktlum of 3 w.e~prlor..to the re- spectIVe ~(: 'hearing. Iii c.ue. WrItten ma· Intended to be bY the Board be submltteel to rqP.rlate County minimum of sev- e "....... a. :w' ...p:r. 04\ "..to the public . '.'.Allma- tidal used n ... ta- tlê)nsbifôre ~rd will btcom.' a perma- nent INU't of1l1erei:Ord. An'J )II'IqI'I who decides to aF!ñ.al a decision of the ,will need a re- cord 0 ttie. proceedIngs øerta!nlrîQ~ ami· therefore. may need to! ensure that a verbatim I record of the proceed·' Ings Is made. which re- cord Includes the testi- mony and evidence \.IROn wftlch the appeal IÎ based. BOARD OF COUNTY g~UNTY. FLORIÐA FRIO W. COYLE. CHAIR- MAN DWIGHT E. BROCK, CLERK ~cr JenneJc¡hn, Dep- N9·928653 E Date: March 4,2005 To: Mike Bosi, Planner From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Ordinance 2005-12 Enclosed please find one (1) copy of the validated document referenced above, Agenda Item #8E approved by the Board of County Commissioners on Tuesday, February 22, 2005. If you should have any questions, please contact me at 732-2646 ext. 7240. Thank you. Enclosure ~ 8E '0', 8E ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Oftìce only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) I.SANDRA LEA CDES ADMINISTRATION ¡I:~ I I :'Y:-'.Â /¿; \1..' ¡' -.//1 .x -y. 2. \ / 3. //'\ 4. / ~, 5. Sue Fir'son, Executive Manager Board of County Commissioners s PRIMARY CONTACT INFORMATION (The primary contacl is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson. need to contact staff for additional or missing informalion. All original documents needing the Bee Chairman's signatl1re are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff MIKE BOSI Phone Number 659-5745 Contact Agenda Date Item was 2/22/05 0Yd ~ ~S- - I ~ Agenda Item Number 8& it Approved by the BCC Type of Document ORDINANCE AND PUD DOCUMENT Number of Original ONE Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 2. 3. 4. 5. I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04 Yes (Initial) ¡f /i;< . 1 P 'If 8E ORDINANCE NO. 05-12 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 WHICH INCLUDES THE COMPREHENSIVE ZONING REGULA nONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT "PUD" TO "RPUD" FOR THE DEVELOPMENT KNOWN AS CHAMPION LAKES RV RESORT, TO CHANGE THE NAME OF THE PUD TO THE COPPER COVE PRESERVE RPOO AND TO ABANDON THE PREVIOUSLY AUTHORIZED RECREATIONAL VEHICLE UNITS AND REPLACE THEM WITH CONVENTIONAL MIXED RESIDENTIAL DWELLING UNIT TYPES, WITH A MAXIMUM OF 300 RESIDENTIAL DWELLING UNITS FOR A PROJECT DENSITY OF APPROXIMATELY 2.96 UNITS PER ACRE FOR PROPERTY LOCATED ON THE NORTH SIDE OF CHAMPIONSHIP DRIVE, IN SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 101 ACRES; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 00-21, AS AMENDED, THE FORMER CHAMPION LAKES RV RESORT PUD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold of Q. Grady Minor & Associates, PA, representing Champion Lakes Development, LLC, petitioned the Board of County Commissioners to change the zoning classification of the subject real property as part of Petition POOZ-2004-AR-5879; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; SECTION ONE: The Zoning Classification of the subject real property as described in Section I of the PUD Document, attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof, located in Section 15, Township 51 South, Range 26 East, Collier County, Florida, is changed from "POO" to "RPUD" Planned Unit Development to abandon the previously authorized recreational vehicle use and replace with conventional mixed residential dwelling unit types. A maximum of 300 residential dwelling units are approved, with a project density of approximately 2.96 units per acre. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, the Collier County Land Development Code, are hereby amended accordingly. 1 8E · SECTION TWO: Ordinance Number 2000-21, as amended, known as the Champion Lakes RV Resort PUD, adopted on April 11, 2000, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety and replaced with these regulations. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super majority vote of the Board of County I {''¡' . COlnmiSSi,o::Si~:collier County, Florida, this ß;>'dayof I r t'I x" /1-,2005. ATTEST: . . . " '" ~" ...'" BOARD OF COUNTY COMJfSIONERS DWIßHTE. BRQçk;.~~),U( COLLIER COUNTY, FLORIDA " ,.;, ~i:{' . ',~', {J~ BY: ~W. ~ D " C etk\ ,:\''<''/:, ~~ FRED W. COYLE, CHAIRMAN ~" .~ttes~b'~·:.t~~th. fraan' s Apprd"è,«~~ ,0.1 J. ~~~ Patrick G. White Assistant County Attorney 2 ,. 8E COPPER COVE PRESERVE A MIXED-USE RESIDENTIAL PLANNED UNIT DEVELOPMENT 101.5± Acres Located in Sections 11, 14 & 15 Township 51 South, Range 26 East, Collier County, Florida PREPARED FOR: Colonial Homes, Inc. 12220 Towne Lake Drive, Suite 75 Fort Myers, FL 33913 PREPARED BY: Q. GRADY MINOR & ASSOCIATES, P.A. 3800 Via Del Rey Bonita Springs, Fl 34134 (239) 947-1144 (239) 947-0375 Fax and Richard D. Y ovanovich Goodlette Coleman and Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34104 EXHIBIT "A" BE ... TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE 11 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1 GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL 3-1 SECTION IV RECREATION 4-1 SECTION V PRESERVE 5-1 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6-1 COPPER COVE PRESERVE (BCC rev - 1-03-05) 11 8E EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E TABLE I LIST OF EXHIBITS COPPER COVE PRESERVE PUD MASTER PLAN BOUNDARY SURVEY LEGAL DESCRIPTION PROPERTY OWNERSHIP LOCA nON MAP DEVELOPMENT STANDARDS eOPPER eOVE PRESERVE (Bee rev - ] -03-05) 111 8E STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of the Developer, to create a Mixed-use Residential Planned Unit Development (RPUD) of 300 units on 101.5± acres of land located in Sections 11, 14 & 15 Township 51 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Copper Cove Preserve PUD. The development of Copper Cove Preserve PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The Development will be consistent with the growth policies and land development regulations adopted pursuant to the Growth Management Plan, Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Mixed Use Residential District, Urban Coastal Fringe Subdistrict, as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Mixed Use Residential District is to provide for a variety of residential and mixed-use developments such as Planned Unit Developments. 2. The proposed residential density of the Copper Cove Preserve PUD is 2.96 dwelling units per acre and is less than the maximum density of three (3) dwelling units per acre pennitted by the FLUE Density Rating System and the Land Development Code (LDC) and is therefore consistent with FLUE Policy 5.1. 3. The Copper Cove Preserve PUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 ofthe FLUE. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 ofthe FLUE. 5. The development of the Copper Cove Preserve PUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. of the FLUE. 6. The Copper Cove Preserve PUD is a large-scale, mixed-use community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC), Residential Planned Unit Development District. 7. The Copper Cove Preserve 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. 8. All final local development orders for this Project are subject to the Collier County Adequate Public Facilities Ordinance, Chapter 6 of the Land Development Code. COPPER COVE PRESERVE (Bee rev - 1-03-05) IV SHORT TITLE This ordinance shall be known and cited as the "COPPER COVE PRESERVE PLANNED UNIT DEVELOPMENT ORDINANCE". COPPER COVE PRESER VE (BCe rev - 1-03-05) V BE "tft~ 9~ SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Copper Cove Preserve PUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION See attached Exhibit "c" 1.3 PROPERTY OWNERSHIP See attached Exhibit "D" 1.4 GENERAL DESCRIPTION OF PROPERTY A. The Project site is located in Sections 11 and 14 & 15 Township 51 South, Range 26 East Collier County, Florida. The site is generally bordered on the West by Pelican Lake and Silver Lakes RV PUDs; on the North by Quail Roost Mobile Home Park; on the East and on the South by the Fiddler's Creek PUDIDRI. B. The zoning classification of the subject property at the time of RPUD application is PUD. C. Elevations within the site are approximately 3.5' above MSL. Per FEMA Firm Map Panel No. 120067620 D, dated June 3, 1986, the Copper Cove Preserve property is located within Zone "AE 7" of the FEMA flood insurance rate map. D. Portions of the site have been altered through past and current agricultural uses; however, the site does contain jurisdictional wetlands. An Environmental Impact Statement (ElS) has been submitted, pursuant to Chapters 3 and 10 of the LDC. E. The soil types on the site generally include fine quartz sands, including Malabar, Oldsmar and Holopaw fine sands. This information was derived from the Soil Survey of Collier County, Florida. COPPER COVE PRESERVE (BCC rev - 1-03-05) 1-1 8E F. The Copper Cove Preserve PUD contains a variety of vegetative communities, including cropland and pastures, woodland pastures, pine flatwoods, and palmetto prairies. Clearing has occurred consistent with the Preserve area requirements and U.S. Army Corps of Engineers pennits. G. The Project site is located within the Collier County Water Management District U.S. 41 Outfall Basin No. 1. 1.5 DENSITY A. Acreage of the Copper Cove Preserve PUD is approximately lO1.5± acres and the number of dwelling units authorized to be built pursuant to this PUD is a maximum of 300. The gross project density, therefore, will be a maximum of 2.96 units per acre. B. At all times all property included within the Copper Cove Preserve PUD as described in Section 1.2 shall be included in detennining Project density. COPPER COVE PRESERVE (Bee rev - 1-03-05) 1- 2 ,~- .....--~''".".~_..--~-~'~ , .'-- -------'.-- 8E SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Copper Cove Preserve PUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Copper Cove Preserve PUD will be developed as a mixed-use community, which may feature a full array of dwelling types, and a recreation center, providing for activities such as community gatherings, recreational amenities, and personnel services central to community residents. B. The Master Plan is illustrated graphically as Exhibit "A". A Land Use Summary indicating approximate land use acreage is shown on the plan. The Master Plan is conceptual, and the location, size, and configuration of individual tracts, including preserves and water management facilities shall be detennined at the time of Final Site Development Plan and/or Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Chapter 1, 4 and 10 ofthe LDC. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Copper Cove Preserve PUD shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this PUD Ordinance), and the Growth Management Plan. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that are otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all tenns shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development pennitted by the approval ofthis PUD will be subject to the Adequate Public Facilities Ordinance, Chapter 6 of the LDC. COPPER COVE PRESERVE (BCC rev - 1-03-05) 2-1 ___~~_"""'''-''''_~'''''''''''___"''''''''''''^_'.'''_·'N' ,~_____._,_._._._ 8E D. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other sections of the Land Development Code remain in effect with respect to the development ofthe land which comprises this PUD. E. All conditions imposed herein or as represented on the Copper Cove Preserve Conceptual Master Plan are part of the regulations which govern the manner in which the land may be developed. F. The subdivision requirements of the LDC, shall apply to the Copper Cove Preserve PUD, except where an exemption or substitution is set forth herein or otherwise granted pursuant to the Land Development Code. G. The Site Development Plans Chapter 10 of the LDC shall apply to the Copper Cove Preserve PUD, except where an exemption is set forth herein or otherwise granted pursuant to the Land Development Code. H. Recognizing that the plans for development of tracts have not been designated with a specific dwelling unit type, the type of dwelling unit which characterizes the initial development of any platted tract shall be carried out throughout the development of that entire tract. However, tracts platted for the purpose of establishing prototypical model homes shall be not be required to develop with a singular dwelling unit type. 2.4 ROADWAYS A. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD, or approved during Preliminary Subdivision Plat approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Chapters 1, 4 and 10 of the LDC. The Developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the Developer on all privately owned and maintained Project roadways and roadways built and/or maintained by the Copper Cove Preserve PUD. 2.5 DEVIATIONS FROM LDC A. Roadways within the Copper Cove Preserve PUD shall be designed and constructed in accordance with the Construction Standards Manual and Chapters 1, 4 and 10 ofthe LDC with the following substitutions: Streets and access improvements 1. Street Right-of-Way Width COPPER COVE PRESERVE (BCC rev - 1-03-05) 2- 2 8E 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 2. Dead-end Streets Cul-de-sacs may exceed a length of one thousand (1,000) feet. 3. Reverse Curves Reverse Curves: Tangents shall not be required between reverse curves on any project streets. 4. Sidewalks, bike lanes and bike paths A deviation from Chapter 6.06.02; Sidewalks, bike lanes and bike paths. No sidewalk shall be required for that portion of the project roadway connecting to C.R. 951 (Collier Boulevard) i.e. Casa Del Lago Boulevard. However, if it is determined in the future that this roadway can and will be upgraded to add a sidewalk, Copper Cove shall pay a fair share contribution to the construction of the sidewalk. 5. Streets and access improvements A deviation rrom Chapter 10.02.05.E.3 (n) and Chapter 4.06.01.C; Streets and access improvements. The project roadway(s) extending west to C.R.95 1 may be designed as a rural cross-section or modified cross-section, subject to approval by the Collier County Zoning Director, or designee. If this roadway is upgraded to four lanes, an urban section, turn lanes installed at S.R. 951 and/or a signal installed at S.R. 951 in the future, Copper Cove shall pay a fair share contribution to the upgrade construction. 6. Drainage Easement Drainage easements between residential lots shall be permitted to be a minimum of 10' in width where RCP pipe is utilized, all joints are sealed, and installation depths are minimized. 7. Preserve Setbacks Principal structures shall be permitted to be constructed up to Twenty feet rrom preserve areas. COPPER COVE PRESERVE (BCC rev - 1-03-05) 2-3 8E 8. Annual Monitoring Reports A deviation from Chapter 10.02.13. Annual monitoring reports. The developer in lieu of paying for annual traffic counts at the project entrance shall make a single payment in the amount of $8,000.00 to the county for a permanent count station to be placed on the roadway leading to S.R. 951. 2.6 LAKE SETBACK AND EXCA V A TION The lake setback requirements described in Subsection 3.05.10 of the LDC may be reduced with the administrative approval of the Collier County Planning Services Director. 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. ofthe LDC. Removal offill and rock from the Copper Cove Preserve PUD shall be administratively permitted to an amount up to 10 percent per lake (20,000 cubic yards maximum total), unless issued a commercial excavation permit. 2.7 USE OF RIGHTS-OF-WAY Utilization of lands within all Project rights-of-way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Developer and the Collier County Development Services Director for engineering and safety considerations during the Development review process and prior to any installations. COPPER COVE PRESERVE (BCC rev - 1-03-05) 2-4 8E 2.8 MODEL HOMES/SALES CENTERS/SALES OFFICES/CONSTRUCTION OFFICES A. CONSTRUCTION OFFICES 1. A temporary use permit shall be granted initially for a period not to exceed 24 months in length and may be renewed annually based upon demonstration of need pursuant to the requirements of Chapter 5 of the Collier County Land Development Code (LDC). 2. This use may use septic tanks or holding tanks for waste disposal subject to permitting under Rule 64E-6, F.A.C., and may use potable or irrigation wells. Offices located in permanent structures shall be required to connect to the central utility system at the time it becomes available. B. MODEL HOMES, SALES CENTERS AND SALES OFFICES 1. Model homes, sales centers and sales offices shall be permitted principal uses throughout the Copper Cove Preserve PUD. 2. Model homes shall be "wet" or "dry" facilities. a. "Wet" facilities may be occupied by a sales office and/or representati ve. b. The temporary use permit shall be issued initially for a period of three (3) years. Extensions in excess of this period shall require submittal and approval of a conditional use petition in accordance with Section 2.7.4 of the Land Development Code, except where model homes are located within a "model home row", in which case the Planning Services Director may administratively extend the temporary use permit on an annual basis for all of the model units, until such time as the project lot sales reach 90% of the maximum permitted units. 2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or the PUD Master Plan as provided in Chapter 10 of the LDC. Minor changes and refinements as described herein COPPER COVE PRESERVE (Bee rev - 1-03-05) 2-5 8E may be made by the Developer in connection with any type of development or permit application required by the LDC. The County Manager or designee shall be authorized to approve minor changes and refinements to the Copper Cove Preserve PUD Master Plan upon written request of the Developer. The PUD Master Plan is a conceptual plan containing approximate acreage of each land use. The actual acreage shall be determined at the time of preliminary subdivision plat or site development approval, and shall be consistent with jurisdictional agency determinations. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Copper Cove Preserve PUD document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Chapter 10 of the LDC. 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: 1. Reconfiguration of lakes, ponds, canals, preserve areas or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District or other applicable jurisdictional permitting agency and Collier County. 2. Internal realignment of rights-of-way other than a relocation of access points to the PUD, except where the access point is required by the appropriate jurisdictional agency. 3. Reconfiguration of residential parcels, water management and recreation parcels when there is no net loss to areas identified as conservation or preserve. C. Minor changes and refinements as described above shall be reviewed by the appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County ordinances and regulations prior to the County Manager or designee's consideration for approval. D. Approval by the County Manager or designee of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site eOPPER eOVE PRESERVE (Bee rev - 1-03-05) 2-6 8E Development Plan approval; however, such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County pennits and approvals. 2.10 COMMON AREA MAINTENANCE Common area maintenance will be provided by the Developer or by a property owners' association. For those areas not maintained by the Developer, the Developer will create a property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. The Developer or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stonnwater management systems and preserves serving the Copper Cove Preserve PUD, in accordance with the provisions of Chapter of the LDC together with any applicable pennits from the South Florida Water Management District. 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, benns, fences and walls are generally pennitted as a principal use throughout the Copper Cove Preserve PUD. The following standards shall apply: A. Landscape benns shall have the following maximum side slopes: 1. Grassed benns 4: 1 2. Ground covered benns Perimeter 2:1 Internal to project 3: 1 3. Rip-Rap benns 2: 1 with geotextile mat 4. Structural walled benns - vertical B. Fence or wall maximum height: Eight feet (8'), as measured from the finished floor elevation of the nearest habitable 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 for benn elevations with an average side slope of 4: 1 or less, and shall not exceed six feet (6') in height from the top ofbenn elevation for benns with an average side slope of greater than 4: 1 (i.e. 3: 1). B. Landscape buffers, benns, fences and walls may be constructed along the perimeter of the Copper Cove Preserve PUD boundary prior to preliminary subdivision plat and site development plan submittal, when the landscape and irrigation plans are submitted and approved prior to plat construction. C. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall be subject to the height limitations for COPPER COVE PRESERVE (Bee rev - 1-03-05) 2-7 BE principal residential structures. In the case of access control structures within rights- of-way adjoining two or more different districts, the more restrictive height standard shall apply. D. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be constructed in landscape buffers, per LDC Chapter 4. E. Landscape berms located within the Copper Cove Preserve PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located 5' offthe property line and/or right-of-way line. 2.12 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Copper Cove Preserve PUD, except in the preserve areas. Fill material generated from other properties owned or leased by the Developer may be transported and stockpiled within areas which have been disturbed/farmed. Prior to stockpiling in these locations, the Developer shall notify the County Community Development and Environmental Services Administrator. The following standards shall apply: A. Stockpile maximum side slope 2:1, if protected by a six foot (6') high fence, otherwise a 4: 1 side slope shall be required. B. Stockpile maximum height: Thirty feet (30') C. Fill storage areas in excess of five feet (5') in height shall be located no closer than three hundred feet (300') from any existing residential unit or residential unit under construction. D. Soil erosion control shall be provided in accordance with LDC, Division 3.7. 2.13 DESIGN GUIDELINES AND STANDARDS A. The Copper Cove Preserve PUD is a planned community and will be developed under unified control. The Developer will establish design guidelines and standards to ensure a high and consistent level of quality residential units and related community features and facilities, which include features and facilities such as landscaping, hardscapes, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. 2.14 GENERAL PERMITTED USES COPPER COVE PRESERVE (Bee rev - 1-03-05) 2-8 8E Certain uses shall be considered general pennitted uses throughout the Copper Cove Preserve PUD except in the Preserve. General pennitted uses are those uses which generally serve the Developer and residents of Copper Cove Preserve PUD and are typically part of the common infrastructure or are considered community facilities. A. General Pennitted Uses: 1. Essential services as set forth under LDC, Chapter 2. 2. Caretaker/manager residence, which may be a pennanent site-built structure 3. Water management facilities and related structures. 4. Temporary sewage treatment facilities. 5. Lakes including lakes with bulkheads or other architectural or structural bank treatments. Fishing piers, community boat docks and similar structures are pennitted within lake areas. 6. Guardhouses, gatehouses, and access control structures. 7. Community and neighborhood parks, boat docks and other recreational facilities. 8. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 9. Landscape features including, but not limited to, landscape buffers, benns, fences and walls, subject to the standards set forth in Section 2.10 of this PUD. 10. Fill storage subject to the standards set forth in Section 2.11 of this PUD. 11. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Director detennines to be compatible, as detennined by the Board of Zoning Appeals. B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: COPPER COVE PRESERVE (Bee rev - 1-03-05) 2-9 8E 1. Setback from back of curb or edge of pavement of any road - twelve feet (12') except for guard houses, gatehouses, and access control structures which shall have no required setback. 2. Setback from PUD boundary: Fifteen feet (15') 3. Minimum distance between unrelated structures - Ten feet (101). 4. Maximum height of structures - Thirty-five feet (35') 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. 7. Standards for parking, landscaping, 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. 2.15 OPEN SPACE REQUIREMENTS A minimum of30 percent of the gross project area shall be devoted to usable open space. 2.16 NATIVE VEGETATION REQUIREMENTS The subject property is located within that portion of Collier County, Florida known as the "Deltona Settlement Agreement" area. In accordance with the Stipulation for Dismissal and Settlement Agreement for the Deltona Corporation and the U.S. Anny Corps of Engineers Environmental Impact Statement, no on-site preservation of native vegetation is required by Collier County. Preservation of native vegetation shall be in accordance with applicable State and Federal agency permits. Preserve areas shall meet minimum dimensional criteria in accordance with LDC requirements. 2.17 SIGNAGE A. GENERAL 1. All Collier County sign regulations, pursuant to LDC, Chapter 5, SIGNS, in force at the time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. All signs shall be located so as not to cause sight line obstructions. eOPPER eOVE PRESERVE (Bee rev - 1-03-05) 2-10 8E 3. All internal project rights-of-way may be utilized for decorative landscaped entrance features and signage-subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein. a. All project and Development signage adjacent to and/or visible from any dedicated County right-of-way shall be developed III accordance with the LDC, Chapter 5, SIGNS. 4. One project entrance sign shall be permitted adjacent the S.R. 951 project frontage, subject to the entrance sign criteria specified in Section 2.17 .B. B. ENTRANCE SIGNS 1. Two ground or wall-mounted entrance signs maybe located at each entrance to the project within the PUD. Such signs may contain the name of the subdivision and the insignia or motto of the Development. 2. No sign face area may exceed 60 square feet and the total sign face area of entrance signs at each entrance may not exceed 120 square feet. If the sign is a single, two-sided sign, each sign face may not exceed 60 square feet in area. For three-sided signs, the third sign side may only face internal to the subdivision and only the Project's name, motto or insignia may be displayed. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3. The setback for the signs from the public right-of-way, and any perimeter property line shall be 10 feet. 4. Entrance signs may not exceed a height of 8 feet above the finished ground level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than the highest crown elevation of the nearest road, unless the wall or monument is constructed on a perimeter landscape berm, in which case the sign structure may not exceed a height of 6 feet. COPPER COVE PRESERVE (Bee rev - 1-03-05) 2-11 8E D. TRAFFIC SIGNS 1. Traffic signs such as street signs, stop signs and speed limit signs may be designed to reflect a common architectural theme. The placement and size of the signs will be in accordance with Department of Transportation criteria. 2.18 SIDEW ALKSIBIKEP A THS A. Pursuant to LDC, Chapters 4 and 6 and Section 2.4 of the Copper Cove Preserve PUD, sidewalkslbikepaths shall be permitted as follows: 1. An internal pedestrian walkway system is permitted within drainage easements. 2. Sidewalks may be located outside platted rights-of-way, when located within a separate sidewalk easement. 3. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, at the point of encroachment. 2.19 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS A. The Developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with the Construction Standards Manual. COPPER COVE PRESERVE (BCC rev - 1-03-05) 2-12 8E SECTION III RESIDENTIAL "Rl" and "R2" 3.1 PURPOSE The purpose of this Section is to identify pennitted uses and development standards for areas within the Copper Cove Preserve PUD designated on the Master Plan as "R", ResidentiaL 3.2 MAXIMUM DWELLING UNITS A maximum of 300 dwelling units may be constructed on lands designated "R", Residential on the PUD Master Plan. 3.3 GENERAL DESCRIPTION Areas designated as "R," on the Master Plan are designed to accommodate a full range of residential dwelling types and general pennitted uses as described by Section 2.14, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated for residential development is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals. Residential tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses - "Rl" Areas: 1. Single family attached and detached dwellings. 2. Two-family and duplex dwellings. 3. Model homes and model home centers including offices for project administration, construction, sales and marketing. COPPER COVE PRESERVE (Bee rev - 1-03-05) 3-1 8E 4. Recreational facilities such as parks, playgrounds, and pedestrian/bikeways. 5. Public wellfields. B. Principal Uses - "R2" Areas: 1. Single family attached and detached dwellings, townhomes. 2. Two-family and duplex dwellings. 3. Multi family dwellings. 4. Model homes and model home centers including offices for project administration, construction, sales and marketing. 5. Recreational facilities such as parks, playgrounds, and pedestrian/bikeways. 6. Public wellfields. C. 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. 2. Outdoor storage of recreational vehicles and equipment within the FPL Easement. 3. Any other accessory use which is comparable in nature with the foregoing uses, as determined by the BZA.3.5 DEVELOPMENT STANDARDS A. Table 1 sets forth the development standards for the land uses within the Copper Cove Preserve PUD Residential Development Area. B. Site development standards for single family, 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. COPPER COVE PRESERVE (Bee rev - 1-03-05) 3-2 8E Unless otherwise indicated, required yard, height, and floor area standards apply to principal structures. 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. This project is located in an area identified in the Deltona settlement area; therefore, preserve areas have been set aside as part of the settlement and no onsite preserve areas are required for this project. Setbacks from preserve areas shall be as established in Table 1 for principal and accessory structure rear yards. COPPER COVE PRESERVE (Bee rev - 1-03-05) 3 - 3 8E TABLE I COPPER COVE PRESERVE DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES AND Single Two Family Single Family Multi-Family STANDARDS Family and Duplex Attached and Dwellings Detached Town home Category 1 3 4 5 Minimum Lot Area 5,000 sq. ft. 3,500 sq. 3,500 sq. ft. 9,000 sq. ft. ft.*2 Minimum Lot Width *3 50' 35' 20' 90' Minimum Lot Depth 100' 100' 100' 100' Front Yard *6 20' 20' 20' 20' Side Yard *1 6' 0' or 6' 0' or 6' *4 10' *8 Rear Yard *1 15' 15' 15' 15' Rear Yard Accessory * 1 10' 10' 10' 10' Preserve Principal 20' 20' 20' 20' Accessory 10' 10' 10' 10' Maximum Building Height 35' not to exceed 2 35' 35' 35' stories Distance Between Detached Principal Structures *5 12' 12' 12' 20' Floor Area Min. (S.F.) 1000 sq. ft. 1000 sq. ft. 1000 sq. ft. 750 All distances are in feet unless otherwise noted. * I - Principal and accessory structllres on waterfront 101s shall be permitted to be constructed up to, but nol encroaching into a drainage easement. *2 - Each half of a duplex unit requires a lot area allocation of3,500 square feet for a total minimum lot area of7,OOO 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 of building as ]ong as a minimum] 2 foot separation between principal structllres is maintained. *5 - Building distance may be reduced at garages to a minimum of 10 feet if detached or 0 feet where attached garages are provided. Multi-family principal buildings shall be separated a minimum of20' and garages a minimum of ]0'. *6 - Building garages must be setback a minimum of 23' from edge of any provided sidewalk. Minimum 20' front yard may be reduced to ] 5' where the residence is served by a side-loaded or rear entry garage. *7 - No encroachments shan occur wilhin the required landscape buffers. *8 - Side yard applicable to platted tract lines and shall not apply to condominium plat lines. COPPER COVE PRESERVE (BCe rev - ]-03-05) 3-4 BE SECTION IV RECREATION 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Copper Cove Preserve PUD designated on the Master Plan as "Recreation". 4.2 GENERAL DESCRIPTION The approximate acreage of the Recreation areas are indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Chapter 4, and Chapter 1 0 respectively, of the LDC. The Recreation Area is designed as a mixed use area which will accommodate a variety of active recreational and personal services for the Copper Cove Preserve residents and guests. 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 part, for other than the following: A. Indoor or outdoor recreational facilities and structures such as pools, fitness facilities, clubhouses, community buildings, playgrounds, playfields, walking trails and tennis courts. B. Vehicular and recreational equipment parking and storage. C. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this District, including parking facilities. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the County Manager or designee determines to be compatible, as determined by the BZA. 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: COPPER COVE PRESERVE (Bee rev - 1-03-05) 4-1 8E 1. Front Yard: Fifteen feet (15') 2. Side Yard: Ten feet (10'). 3. Rear Yard: Fifteen feet (15'). 4. Preserve: a. Principal: Twenty feet (20') b. Accessory: Ten feet (10'). 5. In no instance shall there be an encroachment into a required landscape buffer area. B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Thirty-five (35) feet; except clock towers or similar architectural features, which shall be pennitted up to forty (40) feet. D. Minimum distance between principal structures - Ten feet (10') or greater if required by local fire codes at time of development. E. Minimum distance between accessory structures - Ten feet (10'). Parking for uses and structures constructed in the Recreation Area: one (1) space per 1,000 square feet of enclosed building area. COPPER COVE PRESERVE (BCC rev - 1-03-05) 4-2 8E SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to identify the permitted uses and development standards for the area within the Copper Cove Preserve PUD designated on the Master Plan as Preserve. 5.2 GENERAL DESCRIPTION Areas designated as Preserve Areas on the Master Plan are designed to accommodate conservation, open space, passive recreation and limited water management uses and functions. The approximate acreage of the Preserve Areas is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. The actual acreage and location of Preserve Areas will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with the LDC, and shall be based in part on jurisdictional agency requirements. 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 whole or in part, for other than the following: A. Pennitted Principal Uses and Structures 1. Boardwalks, nature trails, shelters. 2. Water management facilities, consistent with approved SFWMD and U.S. Army Corps of Engineers pennits . 3. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the County Manager or designee detennines to be compatible in the Preserve Area. COPPER COVE PRESERVE (Bee rev - 1-03-05) 5-1 5.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements 1. 2. From PUD or tract boundary: From LakelPreserve: B. Maximum Height of Structures: COPPER COVE PRESERVE (BCC rev - ]-03-05) 5-2 BE Ten Feet (10') Zero Feet (0') Twenty-five Feet (25') BE SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Copper Cove Preserve PUD. 6.2 PUD 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 noted. B. The RPUD Conceptual Master Plan (Exhibit A) is an illustration ofthe conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary/final 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. D. These developer commitments will be enforced through provisions agreed to and included in the declaration of covenants and restrictions or similar recorded instrument. Such provisions must be enforceable by lot owners against the developer, it successors and assigns, regardless of turnover or not to any property or homeowners' association. 6.3 ENGINEERING A. Except as noted herein, all Project development will occur consistent with 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 dedicated County utility easements shall be conveyed to Collier County, pursuant to the Collier County Land Development Code, as amended, except as may be provided in this PUD Document. eOPPER eOVE PRESERVE (Bee rev - 1-03-05) 6-1 8E B. Upon completion of the utility facilities, they shall be tested to ensure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.19 of this Document. D. One (1) wellfield easement, not to exceed 30 feet by 30 feet in area, shall be provided to Collier County in the location shown on the Master Concept Plan. Said easement shall be dedicated on the first plat for the project. The applicant agrees to coordinate with Collier County to provide a second wellfield easement at the time of SDP or plat approval near S.R. 951 if such an easement can be provided without impact to preserve areas or project signage. 6.5 WATER MANAGEMENT A. In accordance with the Rules of the South Florida Water Management District, this Project shall be designed for a storm event of a 3-day duration and 25-year return frequency. B. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County LDC. All lake dimensions will be approved at the time of excavation permit approval. C. The Copper Cove Preserve PUD conceptual surface water management system is described in the Surface Water Management and Utilities Report which has been included in the PUD Rezone application materials. D. In accordance with the Harper Analysis submitted for the project, water management lakes shall be aerated to achieve the required reduction in nitrogen and phosphorus as demonstrated in the analysis for the site. 6.6 ENVIRONMENTAL A. Wetland buffers shall be provided in accordance with Army Corps of Engineers and South Florida Water Management District Rules. B. An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Department Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic vegetation removal within all conservation/preservation areas shall be submitted with the above- mentioned plan. COPPER COVE PRESERVE (BCC rev - ]-03-05) 6-2 8E C. All conservation/preservation areas shall be designated as preserves on all construction plans and, if the project is platted, shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be dedicated on the plat to the project's homeowners association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. D. All category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. E. A Preserve Area Management Plan shall be provided to Environmental Services Department Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. Supplemental plantings shall be provided within the preserve located between Silver Lake RV PUD and Pelican Lake RV PUD where exotic removal occurs within buffer areas. F. All approved Agency (SFWMD, ACOE, FFWCC) pennits shall be submitted prior to final Site Plan/Construction Plan approval. 6.7 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Access to the Copper Cove Preserve PUD shall be pennitted via an extension of Championship Drive. Said extended roadway shall be surfaced with dustless material prior to commencement of site work. B. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Unifonn Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Unifonn Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier county Land Development code (LDC). C. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance ofthe first Certificate of Occupancy (CO). D. Access points, including both driveways and proposed streets, shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property eOPPER eOVE PRESERVE (Bee rev - 1-03-05) 6-3 8E frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 01-247), as it may be amended from time to time, and with the Collier County Long-range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD Amendment is to be processed. E. Site-related improvements (as apposed to system-related improvements) necessary for safe ingress and egress to this project, as detennined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. F. Road impact fees shall be paid in accordance with Collier County Ordinance 01- 13, as amended, and Division 3.15. LDC, as it maybe amended. G. All work within Collier County rights-of-way or public easements shall require a Right-of-way Pennit. H. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. 1. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. J. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. K. If any required turn lane improvement requires the use of existing County right- of-way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. L. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is detennined COPPER COVE PRESERVE (Bee rev - ] -03-05) 6-4 8E to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. M. The developer shall be required to construct a five foot wide concrete sidewalk within Roost Road Right-of-way, along the project's frontage on Roost Road. The required sidewalk shall be constructed concurrent with phase one of the project's plat and plan. A gated pedestrian access point to Roost Road shall be provided from the project in the general location shown on the Conceptual Master Plan. N. The developer shall explore with the U.S. Army Corps of Engineers and SFWMD the feasibility of constructing a nature trail/path within the preserve area, extending from S.R. 951 to the residential areas of the project. O. An appropriate fire apparatus turn-around must be provided internal to the project and near the project entrance. COPPER COVE PRESER VE (Bee rev - 1-03-05) 6- 5 -z_ I " .,' .,' .,' .,' ~ .,' . : . " .: ~ ~~ .,' I ~I I .,' ! ! ! 9 ~ !!!!! ! ¡)+t~;!;\¡) ¡) ¡g~cxil;;jc? § u . . . . .. .,' ... " ~ e, z ~ ~ ê~ ffi !;I= ¡; ~~ ~ æ n~U g .,' (\S6 1:/'8) CIIY^3"YI09 I:BT1OO I I I 8E o N ¡r z I ~ :5 ffi ~! VJ « a.. 1!1 ~ t:~ a.. CD Z II ~ ~8 ¡C o Wet: !'Ii Ü I=! ¡:: a:: (f W « a.. ::¡ T o ~ 8 ~r -< ~I i hi ~i:! :¡¡ I ~~~~ ~" III·I~ i" II älLl1 u~ I do oj ~ ~ ~< j;¡ <Ii '. ¡}í ¡¡ IIÍ Ó . e t I ! '- I ~ n .:¡ J j i J ~ i ¡1~ ~~~ ~1:!~~:8¡ ~3r--or--1O :r;LoJ~~J.'ì ~~~I'!~~ ~I- ~w .....10 2~::: ON .....XI.L U~ êa. ; We! Jý:JS:ý ¡,ooz/ZZIZJ '6MP"(d:JW) \l1.I8IHX3 Ond\Ond S3)Vl NOIdW\lH:>\s6Mp\:~ I f a~ I!!~hh ¡. I· ~ · I 8E '" 'dil- ~ã!hll!I;Sil~ Ii j ¡¡. .. .11 t! Ii 1~lig··~~li·I!I=;'i"l~ !.! ~ I ~ '~III Ii.. .. I li!tl;~" ~ ã..1 ~.. ! S¡ I -I nl, I I li~~ ~; ~~ ~I;' 11¡"'ill~ill~II"1 I~I ~I; I ; ir I i ~ut :i ~~iI Ii !.. 'I r''¡! I" ~ ... !:u -~..DII I ~I~I"" . ~~I i§1 ~-ì I \I I I I'; .' I~ I " '1111 '.¡~II·I'!!!I' I Ii ~!s I ; ;!! h; ·JIII ~; I! ..ìil ~ ~I !lis~III~li.lillli·S~1 g i!~ ~d ~ it! ~ d~~ 1111 :11 r ~m i I' rã';rld. ".",.b ~~~ to; il I"· ~I I I~I ¡ lill'~ ;1 ~ ~~I"i ;s'·ì~I~'~lil;l· I ~i ~. ~ !.. I; I ¡ hll ìi· ~!i UI! ¡ I I - "'I!~I :....ã~ . I ~I I, S!I Iii I" I I;~i if illl~1 ¡; iil I i~ !!:~i¡~~I~i~I~ljll~I:1 ~~! q ~.~ ~I ~ ~~h :1 ~ ~nm :1 I~ nil ! I i I to; ~! lãl";!II~a.~~I~i~~a~~~ ~~§ . II ~ IÞ~ ~I"I~ ~ ~~.~8~ I , g i ~"!i!;I$ a~;;~a!~;~ .~; !I ~¡~;a~~~".I~·~~ãl.i:l~ i'~ ~I It Ii ¡;I¡;1¡5~1.~;a~¡~;illl ~~;§ . I.....ã..ã ~ '" ~L. i:! ~ ~~ ::: ~ ~i L ~~1l~r'- · ·1 t: ::r ~ øl ~ ~ ~I . ~ ..i ~~aH.. I" -. ~". Î~ ~ It 0]11 r7dNn ~ ""I ~II ··1 II !1 "I~ a~" ~~ !,,! . ~ :~ I It It __.______._ _-1_ _.~.'II!---~-~ ___ - -- '" .... I , ~ ~ ~ ~ & "' I ili ~ . .. ~. ~ . .!!i J: '" ! C ~ ~J . ~ 11. Ii!! ._~. I "II~ I'>b!i 51 III- t;l~ 0l<1Il1= '.. ~mi II~~ "'~ , ~ .. ~ ~ , '" Ii ~ lI~i ~ . ~ ~ ~ ~ , ~ ~ r::.. I~ "'I ~ II ¡. ~ -~ ~I ~ \!S~ ~ ~b!1 <.>~~ r::.. ~mi "'~ e; ~ ~ ~ .~ : ¡If i I"¡ I Ii! ~~i i ..... ¡ ~ ~ ! ; ~ I . . I ~ ¡ : i! I I .. .. I ~I ' - - : I ~~I § ì! . ~ ! ..i4':.N-----------------J ;;¡I ;:illimillll=hI15 o:ii':% a!~!!~udd.lddlhln ~~~~~~~~~~=~~s~â~~~~~~~~ H....ß",.1II.JD1tIU .""".mw""'JnI IHIIl.....UMø.. «...., It ØIN IIrJlX/lJt1f lIf!JJMlJJ1IJIð¡r:wfl1W!Jt&l ~~:~ II a ~ --"MJ~Jm . f ~ II Ii ~ 8E EXHIBIT C COOPER COVE PRESERVE PUD LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 11 AND THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF SECTION 11, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 01 °58'30" EAST, ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 11, FORA DISTANCE OF 977.17 FEET; THENCE RUN SOUTH 88°14'03" EAST FOR A DISTANCE OF 440.00 FEET; THENCE RUN SOUTH 01°58'30" WEST FOR A DISTANCE OF 101.13 FEET; THENCE RUN NORTH 88°05'15" WEST FOR A DISTANCE OF 40.00 FEET; THENCE RUN SOUTH 01 °58'30" WEST FOR A DISTANCE OF 108.24 FEET; THENCE RUN SOUTH 88°05'18" EAST FOR A DISTANCE OF 327.16 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHEAST, WHOSE RADIUS POINT BEARS SOUTH 88° 17'11" EAST, A DISTANCE OF 140.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 140.00 FEET, THROUGH A CENTRAL ANGLE OF 90°02'49", SUB TENDED BY A CHORD OF 198.07 FEET AT A BEARING OF NORTH 46°44'14" EAST, FOR A DISTANCE OF 220.03 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 88°14'22" EAST FOR A DISTANCE OF 510.14 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 11; THENCE RUN SOUTH 01 °42'49" WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 11, FOR A DISTANCE OF 910.75 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 11; THENCE RUN SOUTH 88°05'18" EAST, ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 11, FOR A DISTANCE OF 690.46 FEET TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00°01'41" WEST, ALONG THE EAST LINE OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 14, FOR A DISTANCE OF 1,389.59 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14; THENCE RUN NORTH 88°20'44" WEST, ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14, FOR A DISTANCE OF 2,077.67 FEET TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14; THENCE RUN NORTH 00°17'50" EAST, ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 14, FOR A DISTANCE OF Page 1 of2 EXHIBIT C COPPER COVE PRESERVE PUD LEGAL DESCRIPTION Page 2 of2 BE 1,398.73 FEET TO THE POINT OF BEGINNING; CONTAINING 94.732 ACRES, MORE OR LESS. AND KRESSE PARCEL THAT PORTION OF THE NORTH 1/2 OF THE NORTH 1/2 OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LYING EASTERLY OF STATE ROAD 951 (ISLE OF CAPRI ROAD), LESS AND EXCEPT THE SOUTHERLY 1,100.00 FEET THEREOF AND LESS AND EXCEPT THE NORTHERLY 220.00 FEET THEREOF; CONTAINING 6.826 ACRES, MORE OR LESS. Page 2 of2 COOPER COVE PRESERVE PUD EXHIBIT D PROPERTY OWNERSHIP FOLIO NUMBERS: 00742960107,00741720005,00741560003,00736880206, AND 00736880109: COLONIAL HOMES, INC. ATTN: ALAN S. FARRIOR 2000 INTERSTATE PK DR STE 400 MONTGOMERY, ALABAMA 36109 F:IJOB\CHAMPION LAKES\ZONING\PUD DOCUMENT\EXHIBIT D.doc 8E r COPPER COVE PRESERVE PUD EXHIBIT E LOCATION MAP WH I T T A Ie lit 1110"0 QUEEN. . "ARK 15 ""'" .... 14 1 ~"a.w: SHADOW FLORIDA . PARK SPORTS PA K 0 COUNTRY a..UB a 0 RA TTLESNAK HAMMOCK LELY LEL Y ~ ð COUNTRY CLUB LELY ELEMENTARY 20 21 22 23 W E L LY EDISON CHOOL COItotMUNITY COlLEGE j/ ~ NAPLES hAANOR 30 28 27 26 EAGLE LAKES COMMUNITY LEL Y "'- PARK RESORT!:) 33 31 32 34 «:--. 35 G' 6 L AUDUB N saC/ET aOKERY B Y LDL/FE S NCTfJARY 7 ~(- \ \5)? \ .-" 16 19 20 21 22 28 25 30 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-12 Which was adopted by the Board of County Commissioners on the 22nd day of February 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 23rd day of February, 2005. DWIGHT E. BROC!5.,Ç ~~:: as . /,10. " . Clerk of CourtsJa:nä"C'J:eHt.. . . Ex-officio tQ'~Ì3'óe}:1;a\ of .... ~ .", ~ .!~ ,\\ ,. ;¡rt, . . County c~~:ø:.·l1'~;;ib;~~~ ~ t: lÆ-. .~-' ,~1 . (~ - ,,). ~"'. t" ',. . . . .'". - -- . . /~..- . . ^" - , t....' . "'.... - ,. --. . ~ '" B: Heidi ~..:J ~·Ck. hold~'~~":_,--- '1 ".J'J' 01 ~.... . Deputy C e~Æt JG..· ,_' \"",...""..~.. """"';. -- ...... 8E MEMORANDUM Date: February 25, 2005 To: James Ward, Division Administrator Pelican Bay Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2005-97 Please find enclosed a copy of the above referenced document, (Agenda Item #9A) which was approved by the Board of County Commissioners on Tuesday, February 22, 2005. If you should have any questions, please call me at 774-8406. Thank you. Enclosure J. 9A ";,f . ~:t;· , . I~, ,~q ;¡ . .r"· i i 9A ".V '!~ MEMORANDUM Date: February 25, 2005 To: Jay Cross, Executive Assistant Clerk of Courts Administration From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Item #9A - Resolution 2005-97: Regarding the Pelican Bay MSTBU Advisory Committee Mail Ballots Enclosed please find one (1) copy of the document as referenced above, approved by the Board of County Commissioners on February 22, 2005. The original Resolution is being retained for the record. If you should have any questions, please contact the Minutes and Records Department at 774-8406. Thank you. ) 9A 1!!'1 ,/~~:J , "', ~ RESOLUTION NO. 2005- ~ A RESOLUTION SETTING THE PLACE AND TIME FOR THE CLERK AND THE COUNTY ATTORNEY'S OFFICE TO OPEN AND COUNT THE MAIL BALLOTS OF THE NOMINEES TO FILL THE V ACANCIES ON THE PELICAN BAY MUNICIPAL SERVICE T AXING AND BENEFIT UNIT ADVISORY COMMITTEE. WHEREAS, in December of 2004, the Board of County Commissioners declared vacancies on the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee; and WHEREAS, a press release was issued and resumes were received to fill the vacancies on the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee; and WHEREAS, the list of nominees was published by the Board of County Commissioners; and WHEREAS, the Clerk mailed ballots to all of the non-governmental property owners of the class within the Pelican Bay Municipal Service Taxing and Benefit Unit; and WHEREAS, the Board desires to set the date and time for the counting of the mail ballots to fill the vacancies. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the mail ballots shall be counted by the Clerk with the assistance of the County Attorney's Office on Monday, March 14,2005 at 2:00 P.M. in the Board of County Commissioners Chambers. This Resolution adopted this 22nd day of February, 2005 after motion, second and majority vote. ATIEST: D\Y.LGHT, ~¡, BROCK, Clerk ,..' ~..~.. 'I, ..'."'-' ~. ~;f~~¡¡.~,~,~f) "'_, ,iJ1, .' ""~ ,."... Ii,., '. ~<\~. .'~ . ,.~,'";),\~ " ,( BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PRE?::!::: ~h~ .~ " _¿ ,.': ~~ ¡~t'$t~t'.':. '~.;ChI .S.'t'.Jîi~f~·1. '. ..~ ~.: "¡.: ," :'" :\,1::,;1 ,.' ~," App~ovèdä~ fa form and legal sufficiency: fbion f A - Assistant County Attorney CP\Ashton\Reso- PB MSTB UBallots 9 c ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should bc hand delivered to Ihe Board Office. The completed routing slip and original documents are to be r{¡rwarded to the Board Oftice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for addilional signatures, dales, and/or information needed. If the document is already complete with the I d exception of the Chairman's sil!nature, draw a line throul!h routing lines #1 throul!h #4, complete the checklist, an forward 10 Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinl! order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court'S Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who crealed/prepared the executive summary. Primary contact information is needed in the event one of the addressees abovc, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item) Name of Primary Staff Kay Nell Phone Number Ext 8400 Contact Agenda Date Item was February 22, 2005 Agenda Item Number 9C Approved by the BCC Type of Document Resolution - q<6 N umber of Original 1 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not ApplicabJe column, whichever is a ro riate, Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A (Not A licable) 2. .., .J. 4. 5. 6. N/A (1;; ():j I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 " 9 C RESOLUTION NO. 2005-98 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT ERNEST F. BRETZMANN TO THE GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE. WHEREAS, Collier County Ordinance No. 75-4 created the Golden Gate Municipal Services Special Taxing District and provides that the Board of County Commissioners shall appoint three to five electors residing within the District to serve on the Committee; and WHEREAS, there is currently a vacancy on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Committee has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Ernest F. Bretzmann is hereby reappointed to the Golden Gate Community Center Advisory Committee for a 2 year term, said term to expire on December 31, 2006. This Resolution adopted after motion, second and majority vote. DATED: February 22, 2005 ATTEST: DWIG~Î;ii'c~s,<?,ÇK, Clerk .{/> .~. H'. ....:~~> .:~' . .,.\'" ~,~ ~ ~"" .... ~~~.o.c. :':;:)" r'...':..;.... ., .' " Ch&i, 'S " . "'1~,t.vrì' 0111- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~W. ~ FRED W. COYLE, Chairma Approved as to form and legal sufficiency: !JJM:J t¡)jv;f David C. Weigel County Attorney Item# Q G ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ì Q D' THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA Tud Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has laken action on the item.) ROUTING SLIP Complete routing lines #1 throl1gh #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared Ihe executive summary. Primary contact information is needed in the event one of the addressecs above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCe has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Countv Attorney's Office Agenda Date Item was February 22, 2005 Agenda Item Number 9D Approved bv the BCC Type of Document Resolution -qq Number of Original 1 Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman'~ signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BeC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. Yes (Initial) N/A (Not A licable) 2. 3. 4. 5. 6. \ / K . N/A ¡\J I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05 9D RESOLUTION NO. 2005-99 " A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO REAPPOINT MEMBERS TO THE BAYSHORE/AVALON BEAUTIFICATION MSTU ADVISORY COMMITTEE WHEREAS, on December 16, 1997, the Board of County Commissioners adopted Collier County Ordinance No. 97-82, establishing the BayshorejAvalon Beautification Municipal Service Taxing Unit and creating the Bayshorej Avalon Beautification MSTU Advisory Committee; and WHEREAS, Collier County Ordinance No. 97-82 provides that the BayshorejAvalon Beautification MSTU Advisory Committee shall consist of five (5) members; and WHEREAS, the terms of two members will expire creating vacancies on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the BayshorejAvalon Beautification MSTU Advisory Committee has provided the Board of County Commissioners with its recommendations for appointment to this Committee. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Sharon D. King, resident, is hereby appointed to the Bayshorej Avalon Beautification MSTU Advisory Committee for a four year term, said term to expire on March 3, 2009. 2. Victor L. Brittain, resident, is hereby reappointed to the Bayshorej Avalon Beautification MSTU Advisory Committee for a four year term, said term to expire on March 3, 2009. This Resolution adopted after motion, second and majority vote. DATED: February 22, 2005 ATTEST: .. DWIGHT·-~\¡~J<, Clerk , ..~::>. '-.' ~ W,~.,~ H~ ..<:.. ' .~_' '1"c¡..' ....._(1 ~ _ ~;: ~ >-". ";r..~ '\;._:_ ~:. ~, 'Ç,,~:\-._'~.'.,"- ~. '" .,' ~ A~.I(t. .,,' . ,'" ' ...... s 19na%Uiie-J 'dñly. . .", BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , C ~ By: ~W. ~ FRED W. COYLE, Chairma Approved as to form and legal sufficiency: 1J4-t~/~ David C. Weigel County Attorney Item # c¡ 0 ~:da é)'-d dff) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP t',:' TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO. Q THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUtfE Print on pink paper. Attach to original document. Original documents should be hand delivered to thc Board Officc. Thc completed rouling slip and original documents are to be forwarded to the Board Oftìce only after thc Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, datcs, and/or information needed. If the document is already complete with the cxception ofthe Chairman's sÏ¡mature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary conlact information is needed in the event one of the addressces above, including Sue Filson, need to contact statI for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact County Attorney's Office Agenda Date Item was February 22, 2005 Agenda Item Number 9E Approved by the BCC Type of Document Resolution - t CO Number of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney, This includes signature pages trom ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's sianature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time trame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/ A (Not A licable) 2. 3. 4. 5. 6. :', / ¡,( , ) N/A I: Forms! County Forms/ BCC Fonns/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 ·9 E RESOLUTION NO. 2005- 100 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DECLARE A VACANCY ON THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY WHEREAS, the Board of County Commissioners of Collier County, Florida adopted Ordinance No. 95-22 establishing the Immokalee Enterprise Zone Development Agency pursuant to Section 290.001, et seq., Florida Statutes; and WHEREAS, Ordinance No. 95-22 provides that the Immokalee Enterprise Zone Development Agency shall consist of not fewer than eight (8) or more than thirteen (13) members; and WHEREAS, Charlie Esquivel verbally resigned from this board in November, but has not provided the Board of County Commissioners with a letter of resignation; and WHEREAS, the Board of County Commissioners has reviewed a memorandum from the Immokalee Enterprise Zone Development Agency requesting that the seat held by Charlie Esquivel be declared vacant on their board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the seat held by Charlie Esquivel is hereby declared vacant on the Immokalee Enterprise Zone Development Agency. DATED: February 22, 2005 ATTEST: \ ,1;"""". DWIGHl,~ ·IißJi19K". Clerk .1"7\,'" .................~~...I ,:~ " ,,;ý,.._<t .... "-;..\'\. ~ L.·.t.::?···· .~'.~~.\.~;L ~ Q( :.. ' 'r ... . -~.. '> ' . ·.A{~t~~· ''-: S '~~.. ~~.. .. s 1 gA.\õ.l~ :~I". BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: '1uLW. ~ FRED W. COYLE, Chairma Approved as to form and legal sufficiency: A~ ~ 1)# David C. Weigel County Attorney Item # qE Agenda d"ird-I'C Date v.:> Date '2.._~~ Rec'd ::7 ~\..,.Q ( MEMORANDUM Date: February 23,2005 To: Don Schneider Transportation Planning From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2005-101 lOA .,.,. , ·;~<'~4 , \.. Enclosed, please find a copy of the document, as referenced above, (Agenda Item #10A) which was approved by the Board of County Commisssioners on Tuesday, February 22, 2005. If you should have any questions, please call me at: 774-8406. Thank you. Enclosure 1 0 A.,~ RESOLUTION NO. 2005-~ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, TO ADOPT THE REVISED NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM MANUAL. WHEREAS, based on the research and recommendations of the Collier County/Naples Metropolitan Planning Organization and the Traffic Calming Task Force, the Board of County Commissioners of Collier County, Florida, pursuant to Resolution 95-608, adopted and implemented the Collier County Neighborhood Traffic Management Program (the "Program"), finding that this Program contained policies, procedures and techniques that would correct neighborhood traffic problems; and WHEREAS, this Program included a Neighborhood Traffic Management Program Manual created by the Traffic Calming Task Force in 1995; and WHEREAS, since its adoption and implementation, the Program and the 1995 Neighborhood Traffic Management Program Manual have inured to the benefit of the people of Collier County; and WHEREAS, the 2004 Traffic Calming Committee has prepared an updated version of the original 1995 Neighborhood Traffic Management Program Manual; and WHEREAS, both the 2004 Traffic Calming Committee and Collier County staff recommend that the Board of County Commissioners approved for immediate use the updated Neighborhood Traffic Management Program Manual and that this updated manual supercede and replace the 1995 Neighborhood Traffic Management Program Manual. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the attached Neighborhood Traffic Management Program Manual is hereby authorized for immediate implementation and distribution and shall be henceforth used by the Collier County Transportation Services Division in place of the 1995 Manual, use of which is hereby discontinued. This Resolution adopted after motion, second, and majority vote favoring same, this day of ,2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA c. By '1uLW. ~ FRED W. COYLE, CHAIRMA Item # ¡ Dft Agenda 2 r 22-rlC" Date . LJ~ leffr Assis Date 2-ð-?~ Rec'd J--u.::) ~.l., Deputy cð U ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIl 0 E ,. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ,.. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order 1. (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BeC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONT ACT INFORMATION Phone Number DARCY WALDRON Agenda Item Number Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages ITom ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time ftame or the BCC's actions are nullified. Be aware of our deadlines! 2. 3. 4. 5. [: Forms/ County Forms/ Bce Forms/ Original Documents Routing Slip' WWS Original 9.03.04 77 4-8000 /0.[ 1 Yes (Initial) N/A (Not A licable) DW DW N/A MEMORANDUM Date: February 23, 2005 To: Darcy Waldron Emergency Management From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution No: 2005-102 Re: Photographic Traffic Control Systems Enclosed please find one (1) copy of the document referenced above (Agenda Item #10E) as approved by the Board of County Commissioners on Tuesday, February 22, 2005. If you have any questions, please call me at 774-8406. Thank you. Enclosure (1) 10 f RESOLUTION NO. 2005- \ ~ ~ 10 E RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO URGE THE 2005 FLORIDA LEGISLATURE TO ADOPT LEGISLATION WHICH ALLOWS LOCAL GOVERNMENTS TO USE PHOTOGRAPHIC TRAFFIC CONTROL SYSTEMS IN THE ENFORCEMENT OF RED LIGHT RUNNING VIOLATIONS. WHEREAS, running a red light is an aggressive driving behavior that can seriously injure or kill others and is not only dangerous to the driver of the motor vehicle, but also to the life and property of other innocent individuals such as other drivers, passengers, bicyclists and pedestrians; and WHEREAS, drivers usually increase their speed when running a red light, which can result in collisions causing more severe injuries and damage than other intersection collisions, sometimes leading to death; and WHEREAS, red light camera technology, available and in use by many local governments in other states for many years, has been shown to provide both efficient and effective punishment for violators without an invasion of privacy, as well as a deterrence from future violations; and WHEREAS, the Board of County Commissioners agree that it is time for local governments in Florida to be statutorily authorized to use photographic traffic control systems in enforcement of red light running violations. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board respectfully urges the Florida State legislature to consider the implementation of legislation that will allow local governments to enforce red light running violations through the use of photographic traffic control systems. This Resolution adopted after motion, second and majority vote. DATED: 1e£/?tlo.R;:t;<~ ;;2005 ATTEST: DW!J~~~:~¡¡~C;.~, Clerk ...<' .....~'\ ~ ~.. ..., "'Þ.. ~/¡;~ ~¡. ,;. (: ....1..... ...",,","" ~.... " .:'~ ' " ~\ '. ,.::~ ~~':.~'¡ : J " ..r # .' ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,( . '-1~ n w. ~ By: -ru-«- FRED W. COYLE, Chairman Approved as to form and legal sufficiency: Item # \.DE- R1;. z~ê--J Assistant County Attorney a·c.. lOF DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE As of February 1, 2006 lOG DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE As of February 1, 2006 ~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI ~W TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J. A . THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURË Print on pink paper. Attach to original document ()riginal documents should be h¡md delivered to the Board ()tlïcc The completed routing slip and original documents are to be forwarded to the Board Oflïcc onl} after the BOiud has takcn action on the írem,1 ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed, If the document is already complete with the exceotion of the Chainnan's sil!ßature, draw a line throul!1> routing lines #1 throul!h #4, complete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routine: order) 1. '"_..~-_.._^ .". 2. ~-~_.,-- -..,---~-~-~ ~~"., 3. -_._-~-- 1--_. __.~__"w 4. -. ---. '"~. --- - 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court' S Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number J Agenda Item Number N umber of Original Documents Attached ú;t/3·· J/¡ç / Yes (Initial) N/A (Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BeC 6ft 2,..'1.. (edt.r d".}~e.IaaIIges made during the meeting have beeR ¡-Of1IOndH in the aitaellNtd;.doetuIIêWt. '!1IIe.. Count Attorne 's Office has reviewed-tile if ,JtJ 111/,,- ~p. 2. 3. 4. 5. 6. I: Fonnsl County Fonnsl BCC Fonns/Original Documents Routing st. WWS 0figinIù 9.03-.1»; Revised 1.26.05, Revised 2,24.05 ",._.____.",,",-'. ~__.¥_,~._.~"'o."..,. ...,~~.~_"'_~_~.".__'"~._,""...,.,'''''''_'''''''',."..,"'....'-''''...'"'......";__"";"""_"l"-'~"''''_''''·'''''"''''''''''"''''''''''''"',,'''",,.ê~''·''';=''""",,,,,,.:,,,,-,".,.,,,-,,,"'~-'"'-'" .., ."..._.....~._,..."~~"',.....,,~,..__~_<_N.'..,______,."._.~.._,.,_"."",,"."_" .·..,,_..".____o"...&'~·_·~·'A_.."'_. MEMORANDUM Date: March 22, 2005 To: Tammy Williams From: Linda A. Houtzer Deputy Clerk Minutes & Records Department Re: CRA Grant Collier County Community Redevelopment Agency with Echo, LLC. Enclosed please find the original Agreement, as referenced above, approved by Board of County Commissioners on Tuesday, February 22, 2005 (Agenda Item 14). Please forward to the appropriate parties. Copies of the documents are being kept on file in the Minutes and Records Department. If you should have any questions, please contact me at 774-8411. Thank you. Enclosure 1411- ~\.. .., Community RedeveloDment Aaency Executive Summary CRA AGENDA 18G FEBRUARY 8.2005 Recommendation to approve and execute the impact fee ...Istance grant agreement between the Community Redevelopment Agency and the grant applicant within the BayshorelGateway Triangle Redevelopment Area. Obiectlve: To approve and execute the Site Improvement and Impact Fee Assistance Grant agreements between the Community Redevelopment Agency and grant applicants within the BayshorelGateway Triangle Redevelopment Area. Considerations: On April 30. 2002 the Community Redevelopment Agency approved the creation of Site Improvement and Impact Fee Assistance Grant programs for the BayshorelGateway Triangle Redevelopment Area. The purpose of these grants is to revitalize the area by providing a matching grant that will encourage the private sector to invest in the area. The grants require at least a 50% match from the applicant and will be funded by tax increment funds. The Bayshore/Gateway Triangle Local Advisory Board approved the following Site Improvement Projects from the following applicants: 1. Sharon King, Residential Rehab, Grant Amount $5,152.50 2. Echo. LLC, Commercial Rehab. Grant Amount $8,000.00 Total Site Improvement Grant money awarded this cycle: $13,152.50. Fund 187 flscallmDBcts: The Site Improvement Grant may provide up to 50% of the cost of improvements. up to a maximum grant amount of $8.000. A maximum of $13.152.50 will be funded for the approved Site Improvement Grant projects. The Impact Fee Assistance Grant may provide up to 50% of the total impact fees for a project. there are no Impact Fee Grants pending approval at this time. Advisory board recommendation: To approve and execute the Site Improvement and Impact Fee Assistance Grant agreements between the Community Redevelopment Agency and grant applicants within the Bayshore/Gateway Triangle Redevelopment Area. Prepared by: Tammy WiUiams Secretary BayshorelGateway Triangle Redevelopment Area Collier County Community Redevelopment Agency Date -1- GRANT AGREEMENT BETWEEN CRAAND OWNER FOR SITE IMPROVEMENT FOR BA YSHORE/GA TEW A Y TRIANGLE REDEVELOPMENT AREA 14ft THIS AGREEMENT ENTERED this (}(.jI ~ day of /)? 1 rt.J~ ,.) (,i ~í -'~ by and between the Collier COW1ty Community Redevelopment Agency (hereinafter referred to as "CRA") and f CI-Io .G{! c (hereinafter collectively referred to as "Owner"). I WIT N E SSE T H: WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County Commissioners delegated authority to the CRA to award and administer CRA grants including contracts with owners for CRA grants; and WHEREAS, Owner has applied for a site improvement grant in the amount of ,Jôr]¿J, r~' dollars; and WHEREAS, the CRA has detennined that Owner meets the eligibiliD' requirements and _w s. annroved for a grant award in the amoW1t of f¿J{)p. t-t' dollars on "__ ).).1 ~{)05 ("CRA Approval"), which is5tJ % of the costs to oonstruct th ite improvements. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideratio~ the parties agree as follows: 1. Owner acknowledges to the CRA that Owner has received a copy of the Collier COW1ty Community Site Improvement Grant Program (hereinafter referred to as "Grant Program"), that Owner has read the Grant Program, and that Owner has had ample opportW1ity to discuss the Grant Program with Owner's cOW1sel or advisor. Owner further acknowledges to the CRA that Owner understands and agrees to abide by all of the tenns and conditions of the Grant Program. Owner agrees to the tenns and conditions of the Grant Program, a copy of which is attached as Exhibit "A" and incorporated herein. 2. Owner is the record owner of property described as 'SSg D j)y¡¡"",J rl' D.'" . 3. Owner has agreed to make certain impr<?,vrments to the property pursuant to the grant application submitted to the CRA dated -J ìV&tffn7Þq I, ,?!::ïlìy' . (the "Site Improvements") 4. Owner agrees to complete the construction of the Site Improvements within one (1) year of CRA Approval. Owner also agrees to fund at least 50% of the costs of the Site Improvements. " V()' O'tJ <' 14 A- 5. CRA has approved a grant to Owner in the amount of.2J. to be administered pursuant to the tenns of this Agreement based on an estimated cost of / f {]ûO, 6V. If the actual costs are less than the estimated costs to construct the Site Impróvements, the grant amount shall be reduced to equal the percent of the Site Improvement costs approved for funding by the CRA. 6. Unless prior disclosure is included in the grant application, no Owner, or any immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of the Site Improvements and no Owner, or any immediate relative of Owner, shall receive compensation for labor for the construction of the Site Improvements. An immediate relative of Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law. 7. Owner agrees to obtain all necessary permits and submit any required plans to the County's Community Development and Environmental Services Division. Upon completion of the work, Owner shall submit to the CRA staff a project summary report, two (2) 8 x 10 after photos, a list of materials and construction techniques used, a list of architects and/or contractors, and any other infoQruition specific to the project or requested by the CRA staff. The CRA, through its staff, shall confirm that the Site Improvements were constructed pursuant to the tenns of the application approved by the CRA. 8. Within forty-five (45) days after confirmation that the Site Improvements were constructed pursuant to the terms of the approved application, Owner shall be issued a check in the amount of the grant. However, if Owner fails to make the improvements pursuant to the tenns of the approved application, or if the project is not completed within one (1) year ofCRA approval, or if Owner fails to fund at least 500.10 of the cost of the Site Improvements, the grant shall be deemed revoked and Owner shall be entitled to no funding. 9. of Florida. This Agreement shall be governed and construed pursuant to the laws of the State 10. This Agreement contains the entire agreement of the parties and their representatives and agents, and incorporates all prior understandings, whether oral or written. No change, modification or amendment, or any representation, promise or condition, or any waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized officer of the party to be charged. 11. This Agreement is personal to Owner, and may not be assigned or transferred by Owner or to Owner's respective heirs, personal representatives, successors or assigns without the prior written consent of the CRA. 14ft IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. (l)r¿iJ. ~¡t.-. Witness Signature R 1(. '"\At'-b i Ç)..! LU l/\,tJ Printedlfyped Name *~V1-LJw~--= ltness Sl ture ~~ Il. /~) i LL.lprfI~ . tedffyped e ,b(.. Approved as to fonn and legal sufficiency: ~~ Patrick G. White Assistant County Attorney OWNER: ~ BY~... " Q~ ~kCl".tt., ~Ç!ÚD.. - tedffyped Name COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: DONN¡PmL~~~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SIjI6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO' . THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Al (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete Ihe checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinl! order) 1. <{ j" I! â"..... (7 f);: ¡l / . , V tl/l7d 1'.(1 .( f.·:J. ) ). / /' . <\é {. .//..'7 /1 ç" '- ¿.' 2. " . ì ,,/' /' " 3. ~7 4. / "'...,,, "- 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who creatediprep'lred the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for add;!iona] or missing infonnation. All original documents needing the BCC Chainnan' s signature are to be deli vered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached i I Jóh ¡7 ¡'./!)d // ¿'¿/L~!I' /.z._ Phone Number /~j "". ':7" L; 7 ",:'J '..... 2'''¿),- (' Agenda Item Number / Æ Þ':.e.' f' I'/¡ë·· I 7- Number of Original Documents Attached / Initial the Yes colullUl or mark "N/A" in the Not Applicable colullUl, whichever is Yes N/A (Not appropriate. (Initial) APplicable) l. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed ) Ii by the Office ofthe County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from f t t, \ contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials,) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's . Office and all other parties except the BCC Chairman and the Clerk to the Board /!/'/í' 3. The Chairman's signature line date has been entered as the date of BCC approval of the '1/ document or the final negotiated contract date whichever is applicable, "'-'~.-" \. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's /.1 signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. ,jiC Some documents are time sensitive and require forwarding to Tal1ahassee within a certain time frame or the BCC's actions are nulJi fied. Be aware of your deadlines! I .,- INSTRUCTIONS & CHECKLIST 1: F01l11S/ County Forms/ Bec FOI111S/ Original Documents ROllting SJ¡p WWS Original 9,03,04 MEMORANDUM Date: February 24, 2005 To: John Houldsworth, Senior Engineer Planning Services From: Ann Jenenjohn, Deputy Clerk Minutes & Records Department Re: A "Hold Harmless Agreement" between Collier County and Bayvest, L.L.C. Enclosed please find one copy of the document as referenced above (Agenda Item #16Al), approved by the Board of County Commissioners on February 22, 2005. The original agreement is being retained for the record. If you should have any questions, please feel free to contact me at 774-8406. Thank you. Enclosure 16 Al 16 Al HOLD HARMLESS AGREEMENT .,,- THIS HOLD HARMLESS AGREEMENT, dated / é / I( II' .;< - -_, 2005, ("Agreement"), is between BAYVEST, LLC, a Florida Limited Liability orpor tion ("Bayvest") and COLLIER COUNTY, a political subdivision of the State of Florida ("County"). WHEREAS, On January 11, 2005, the Board approved for recording the final plat of "Heritage Bay Commons" ("Plat"), a subdivision of lands, with the condition that a Construction and Maintenance Agreement for Subdivision Improvements ("CMA") consistent with the Land Development Code ("LDC") be reviewed by the Office of the Collier County Attorney and accepted by the Engineering Services Department. WHEREAS, in accordance with the LDC and the CMA Bayvest intends to construct the required infrastructure improvements (improvements) and maintain same as set forth in the CMA until such time as final acceptance of the improvements by the County; and WHEREAS, Bayvest, the owner of the real property that is depicted on the Plat, is involved in Case No. 04-4720-CA ("Lawsuif) with Destin Realty, Inc. ("Destin") concerning a contract for sale of land; such lawsuit is now pending in the Circuit Court of Collier County; and WHEREAS, Destin has recorded a Lis Pendens on the property within which the improvements will be constructed; and WHEREAS, County requests to be held harmless and indemnified for any potential claims that may arise out of the Lawsuit pertaining to the County's acquisition of the improvements and its acceptance of maintenance responsibilities thereafter; and WHEREAS, County agrees to accept the maintenance responsibility of the improvements, subject to all other county requirements as set forth in the CMA, once Bayvest holds the County harmless and agrees to indemnify the County as set forth below. NOW, THEREFORE, in consideration of the above recitals and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. The above recitals are true and correct and are hereby incorporated into this agreement. 2. County agrees to effectuate the final acceptance of the improvements specified in the CMA, subject to all County requirements governing the acceptance of the improvements by the County. 16 Al 3. In exchange for the acceptance of the improvements and regardless of the outcome of the pending litigation, Bayvest agrees to indemnify and hold harmless the County from any and all liability, loss or damage the County may suffer as a result of claims, demands, costs or judgments against it arising from Destin as to the decision of the County to accept the improvements. 4. Bayvest's obligation to indemnify under the terms of this Agreement will commence immediately upon the execution of this agreement by the Chairman of the Board of County Commissioners, and will continue in full force until the latter of: 1) the Lawsuit being concluded by agreement or final order of the Court 2) all appeals having been exhausted 3) the statute of limitations having run for any appeal. Further, should any future litigation or claims arise from the Lawsuit or a related matter, this Agreement shall remain in full force until the litigation or claims are concluded by agreement or final order of the Court. 5. This Agreement is binding upon all present and future property owners, their heirs, subsequent purchasers, successors in interest, and assigns. 6. There shaH be no modification or change in the terms of this agreement without the written approval of all parties. IN WITNESS of the above, this Agreement has been read and is agreed to and executed by these parties as of the date first written above. ~ J< j±wJ)-L«J Wit s Nl·k; k StC\cbLAJ< Printed Name U~j--r~ Witness I -DO\-'J 'IU~ u;V J0'1 Printed Name ?"~'~l\ ~~~ Printed Name fcu:. 7r~ì.~\..L.~ ~'ilpML Lt~\-\:\\~. Title M&.\ . tv1 £.1 I ":::1. ) ne.~~'l ~~bC.t\.. ~'i\1c::~f LLC. . (SIGNATURE NOTARIZED ON FOllOWING PAGE) 2 STATE OF FLORIDA COUNTY OF LEE 16 Al THE FOREGOING Hold Harmless Agreement was acknowledged before me this ~day of ~Û:>ru.C\('i ,2005, Ru.<E&Ù \ Svn',-\V\ as..r~ ~k.t\c. O~ '" \~. "'f.., ~:'-(~Of BAYVEST, LLC, a Florida limited liability corporation on behalf of the corporation (who is personally known to m~ or has produced as identification. (SEAL) ~~y.~ Nikl K Starbuck . "J . My CommiS$ion 00027246 ~~:; ~o,,..~ Expires May 20,2005 ATTEST: DWIGHT E. BR.OCK, CLERK 0\··'-""'1 " ',""-'7~ ::f:\'f"; "0, /\. .,,::'~ ::j~' "~.-:~ :.~ (/J¡;-~, , By ~. ¥~,:",.' ',' 1.. pc. Depµ,ty Çle, ","< "CJ{':. '~_Atit$t IS', 61\, ;- ~.""·I :lf9lIt"!~J,~ /" ,,-~\......... t ~ . S ~,' :' \ Approved as to form and legal sufficiency: ~oJlr JENN FER A. B EDIO Assistant County ttorney ~.LK~ ~ ' : K ~rb\A~ Printed Name BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: '1uJ-w (~~ FRED w. COYLE, 'Ch:;r~n -.. Item# \~A l ~~:da é1'd'd-d5 Date a,,-:!.l l~ Rec'd ~-.J F:\WPDATA\CM\CLlENTS\U,S Home\BAYVESnHOLD HARMLESS AGREEMENT doc 3 O,L. -_..~-_._-,_._._._-. 16 A2 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION - /tJurl9/]µC T:/ll/A f¿~'1 /'6 IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this .,)0 71'1 day of ffPRIL ,20 o.s- between (-fð/1E.>- hereinafter referred to as "Developer,'" and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board. RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as Reflection Lakes at Naples Phase lA. B. Chapters 4 and 10 of the Collier County Land Development Code requires the Developer to post appropriáte guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: within 6 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "An and by reference made a part hereof) in the amount of $1,434,606 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. 5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the County Manager's approval of the jjPlOjÐct$\805\805491PPL \Co"str M<>inl Ag"nl R t doc 16 112 improvements. However, in no event shall the County Manager or his designee refuse preliminary approval of the· improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Developer has tenninated, the Developer shall petition the County Manager or his designee to inspect the required improvements. The County Manager or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision perfonnance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amoùnt of the subdivision perfonnance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision perfonnance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision perfonnance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the subdivision perfonnance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision perfonnance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure ofthe Developer to fulfill all of the provisions of this Agreement. 9. All of the tenns, covenants and conditions herein contained are an shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this ..ltJ-r'"I day of Il¡>fi I L , 20 () S I ¡-\Pn:yects\8Ù5ì8ù549\PPL ICoIJsh> Mainl Agnl1l R I doc SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF f:;:~dJJ Printed or Typed Name ATTEST: 16 Aè TODSA, Inc. d/b/a Engle Homes BY:~~~ Vanessa A. Richter Land Development Manager Printed or Typed Name/Title BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~W.~ Fred W. Coyle, Chainnan ,\ \ \"" It.., I" '1, "" "". 1>1'1 r", ,.' ,,~\vv j.,..,,~^ I" ..... .~\ '- ...····...:'w '" q~~yH!.~..1~.~0~;~CL~RK ~ :: ;. "'-'f.,:" . J . 0 -: I . " .:1;", , . ~ 0 If'> .::c. .~' .... .'Ð¥: ttl~:'IS~.tO '.f.. ~ .t..... .. . ·,..:Clerk ApÞ~~é~ífs rð:i~-ftþ'~d legal "'" u 3r,~.a..... _ . Sufficiency:'······· . ~C~ ~ . Jennifer A. BelP~o Assistant County Attorney ¡:IPro¡ecrs\805\8U549\PPL ICOlJst,. Mainl Agnrt R f doc Item' ~¡; ~i..!!#::.:' ~andad --d~t-itJ; ·=if-:ðlif): ,0..( . ..._-_._----,,-"..,~ 16 A,æ COLLIER (JOUNTY LAND DEVELOPMENT CODE Bond No, 1010739 PERFORMANOE BOND 'KNOW ALL PERSONS BY THESE PRESENTS~ t.h..+ TOUSA Homes,. Inc. ·dba Engle Homes Southwest Florida 12550 New BrittanyBJ.:vd; Fort Meyers, FL 33907 . {b ereinafter referred to as IIOwne:r"] an<t , Lexon Insurance Comp~hy 1919 S. Highland Ave'., Bldg-A~ Ste. 300 Lombard, IL 60148 (heniXJ.afte~ J'8fanld. to I.I"S~rrt,y') art hald and finrily bcnmd unto Colliit' County, noneal (hereinattw reflilned to 8.6 "CQuntY') in the totall.ØZ'llltl øuft\ of ** Pollars ($1,434,606.9'Jn lawful money of the United States, for the payment of which sum wen and truly to bit ~d~ we bind O\11'8elvCIS, our heir., executors, adminittratora, IUCCe89ort! and ..sip., jointly ~ severally, ñrm.1y, W the!! prt!8enb. Ownel' and Su",tv a" used fot' lin~Jaro or plural, as the eonte;d; requires. * One Flillion Four Hundred Thirty Four Thousand .. Six Hundred Six and 07/100 (Dollars) THE CONDITION OF THIS OBIJGATION is such that wherea6, the Owner haa s11børlíted for apprtJYIÙ by t.h~ Board a c.rtain subdivision pla.t naœed)Reflection Lakes NapleEtnd that cerl.ain subdi'Visian shall include specific improvømllnts which are "quirld by Oollin OO\mty Ordirnmce, and Resolution! (hereinafter "Land Development Regulations"), This oÞli¡ation of thl! Sut~ shall commence em the dai:e thie Bond 18 executed and J!hall continue W\til the da~ of fina1 acceptanoe by the 'Bc.td Of County OOXDmilllion.1 of th. IpeOU\C' itnprovement4· described in tbJ¡ Land. P~lo:pment RQ¡ulation$ (1artinAftv thli IIG'\,)I~anty Period.'I). NOW, THEREFOM, if the Ownv shan will, tl:uly And feithfu1ly peT!onn it¡ obligation- and duties in accorda.nce with the Land Development Ra¡ulatioQs durìn¡ the guaranty period IlIat:t.bl!.Jhed by the County, and. the- Owner shall eatisfy aU claims and. demands incurred. and shall full).' indemnify md. Ban b.armlus the OO'U.X1.ty ftOm aud *iai~ .U COllI:¡¡ and dama¡aa which it ma.y suffer bY'NIUOI\ of Owner's failure to do 10, and shall reim\;I'IJ.1·" and repQy' the CountY aU outlay and np~se whkh the County may incur in maldn¡ ¡ood any default, then this ~b)j¡ation shan bm "loid., otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Suxety, for value "ceived herebyt stipulates and &.¡nee th.tt no change, extm&ion 01 time, alteration, a.ddition or de1etion. to the ¡n'Oposed spedftc: iroprOVlltnentl shall in any way affliC.t it, ob1i.gat1Q'D. on thi. Bond, and it do.. n8ffiby waive notice of :my !Such change, extenllion of time, alteJ:"ation, addition or deletion to the proposed IIPe<:i£ic i:óJptOVlUJ)o12').t:è. PROVIDED FU:R'nmR, that it is I\xPJ'.n~ ~¡rQAd thl.t tba :Bond ahaU be dHmlå IUnmdtd automatica.lly and immediately, without fonna1 and separate amendments hereto, so 8.9 to bind the OW~ and the Surety to the tun and faithful pc1ÍO(D1anœ in acc:orda.nce with the Land. P.v~pm'nt ~ar;u1~l:iona. The tenn "AmeudInllDtl" ",hervvlU" '\.Iud ;n thi.1I :Bond. and- whether refer~ tQthis Bond,oT other documents shall include any a1t~aQQn, addition ot modifica. tion of any character whatsoever, . IN WITNESS WHEREOF, th~ parties hereto have caused tbi!I PERFORMANCE BOND to tie· executed this 25th day of Januarv, 2005 . . .. " . TOUSA Homes, Inc. dba Engle Homes Sou~ L Fle.t:..ida -. ~ ) -..:::::::=-- -' ~~:: K' '_I :-. S~"l <. ; ('\¡i;\J· _ .... '.... . I'," . .'_ -~ ; . -TV.: "'--"\::.-'-' >(:. Ç)- ) ...-.. POWER OF ATTORNEY Lexon Insurance Company LX - KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in Louisville, Kentucky, does hereby constitute and appoint: MichaelJ. Scheer,James I. Moore, Christine Woods, Irene Diaz, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1 st day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $2,000,000.00, Two Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-in-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 2nd day of July, 2003. LEXON INSURANCE COMPANY BY 0?/~~ , David E. Campbell President ACKNOWLEDGEMENT On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. r----~~~cJ~ì~~· t NOTARY PUBUC STATE OF IlLINOIS t MY COMMISSION EXPIRES 1112flOO7 -.--------- ;{L J bf~ CERTIFICATE Lydia J. DeJong Notary Public I, the undersigned, Secretary of LEX ON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 25th Day of January ,20 01) {jJ 11 ~ Donald D. Buchanan Secretary 16 A'2 STATE OF ILLINOIS} } S.S. COUNTY OF COOK } On January 25,2005 before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Melissa Schmidt, known to me to be Attorney-in-Fact of Lexon Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Comm sion Expires on June 15,2006 . .. A A.....AAAAA,~---. ~."VV'6't'"'...."...7. ~ ~. OFFiCIAL SEAL ~ ~ KELLY A JACOSS , ."' ~ ~ 'OTARY pUBLIC. STATE 0:= ¡U.lNOk '\ ". NMY COMMISSION EXPiRES::)(:;/1 u;'ca .", "., . :. ..AAAAAAAAANV.;'Y'.'."¥'j"·'·..'W...... (.¡vvvvvvvY"'............. . . INFORMATIONAL BULLETIN l' 6 ' "A· ":) OIR-03-004 c; ISSUED November 12, 2003 Florida Office of Insurance Regulation Kevin McCarty, Director Florida Department of Financial Services Tom Gallagher, Chief Financial Officer To All Property, Casualty and Surety Insurers and General Lines Insurance Agents in the State ofFlorid!l The purpose of this Bulletin is to inform property, casualty and surety insurers and general lines insurance agents of a recent court decision that affects the way nonresident general lines agents conduct business in Florida. The name of the case is Council of Insurance Agents and Brokers v. Tom Gallagher (Case No. 4:02cv208-RH). The decision was rendered by the United States District Court for the Northern District of Florida. The judgment, entered on September 30, 2003 was effective immediately and will not be appealed. The Department filed a Motion seeking to have the portion of the Order relating to the licensing of nonresident surplus lines agents delayed until July 1, 2004. This Motion, which was not opposed by the Council, was granted by the Court. The Department plans to propose legislation addressing the licensing and regulation of nonresident surplus lines agents in the near future. The Court ruled that Sections 624.425, 626.741 and 626.927, Florida Statutes, violate the Ùnited States Constitution to the extent that they deny the same rights and privileges to Florida-licensed nonresident insurance agents that they afford to Florida-licensed resident insurance agents. Each of these sections of law restricts the, ability of nonresident general lines agents to do business in Florida. The specific impact of the decision is set forth below: Property, casualty and surety policies written through Florida-licénsed nonresident agents are no longer required by law to be countersigned by a Florida resident insurance agent. Policies must be signed by the insurer and by a properly licensed resident or nonresident agent. Florida-licensed nonresident general lines agents who sell property, casualty and surety insurance to Florida residents are no longer required by law to share· commission with a Florida resident insurance agent for countersigning policies. However, it remains lawful for licensed agents to share commissions with other ag~nts appointed and licensed to write the same kind or kinds of insurance. This case did not address existing contracts . that may require such payments. Florida-licensed nonresident agents may solicit, .negotiate, or effect property, casualty and surety insurance contracts in Florida without being accompanied by a Florida resident insurance agent. Florida-licensed nonresident general lines agents may have offices in Florida and may have a pecuniary interest . in an office in Florida. Nonresident surplus lines agents may obtain nonresident surplus lines licenses in Florida beginning on July 1, WM. . The provisions above apply to all Florida-licensed non-resident general lines agents, including those working for Risk Retention Groups and Risk Purchasing Groups. For further information, contact the Division of Agent & Agency Services at (850) 413-3137, ext. 1101. 16 A3 NOTICE OF SUBDIVISION PLAT FILING DATE: ~\2~ C) 5 PLAT BOOK # AND PAGE # P.B. 4t. COUNTY OF COLLIER PG. SECTION Zç TOWNSHIP £\ ~ RANGE Z ç NAME OF SUBDIVISION 'It:. R \ !"\.\, ~ Åt0, tJ NUMBER OF LOTS 'DO NAME OF OWNER OR CORPORATE NAME H À l.S Î'A IT t;vl \ R 1'¡V1.A. D "\.) TE- ..~~ TJoùt'2-S\~ \ \> ADDRESS OF OWNER PHONE NUMBER IF AVAILABLE ARE ADDITIONAL PLAT FILINGS ANTICIPATED? YES ~ HAVE THE ROADS IN THE SUBDIVISION BEEN ACCEPTED BY THE COUNTY FOR MAINTENANCE? TYPE OF OFFERING: HOMESITE / MOBILE HOMESITE IMPROVED ACREAGE HOME AND LOT PACKAGE MOBILE HOME & LOT PACKAGE TOWNHOUSE CONDOMINIUM COMMERCIAL PUD UNIMPROVED ACREAGE NAME AND POSITION OF PERSON PROVIDING INFORMATION JOHN R. HOULDSWORTH, SENIOR ENGINEER THIS IS A SELF MAILER; FOLD ON THE LINES, STAPLE AND ATTACH POSTAGE ~L/ ~\ ~"2- \ ö<:; ~ b.1\ r .~ 16 A3 CONSTRUCTION 4\ND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ~ \. day of f , 2005 between THE HALSTATT PARTNERSHIP, a Florida general partnershl , hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board." RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: TORINO & MIRAMONTE B. Section 10.02.04 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants herèinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: water, sewer, drainage, paving and landscaping within twelve (12) months £rom the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision perfonnance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of TWO MILLION FOUR HUNDRED SEVENTY THOUSAND FORT'(.E:~ and NO/lOO DOLLARS ($2,470,045.00) which amount represents 2)%(õ'fthe total contract cost to complete construction plus 100% of the estimated cost to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County may call upon the subdivision perfonnance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project ·3Sr œ'm~ ;r\y "(,! j.jj¡'-CJ ~;Ol'\:fV~~ 16 A3 records have been furnished for review and approval by the County Manager or his designee for compli.ance with the Collier County Land Development Code. 5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the County Manager's or his designee's approval of the improvements. However, in no event shall the County Manager or his designee refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Developer has tenninated, the Developer shall petition the- County Manager or his designee to inspect the required improvements. The County Manager or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision perfonnance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement, and once every six (6) months thereafter, the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision perfonnance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision perfonnance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision perfonnance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, and upon certification of such failure, the County Manager or his designee may call upon the subdivision perfonnance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision perfonnance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent BARlIOI~ COLLIER CO I / FILE NUMBER ¡ _03.5/ 16A3 costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agre~ment. 9. All of the tenns, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this 4'fi-\ day of ~~'lI..([' l'~ ' 2005. THE HALST A TT PARTNERSHIP, a Florida General Partnership By: Katherine G. Sproul and Jennifer S. Sullivan, as Trustees of the JULIET C. SPROUL TRUST under the Will of BARRON COLLIER, JR., Deceased, and as confinned by change of Trustees dated January 1, 2002 and filed March 5, 2002, in Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida, PARTNER. SIGNED IN THE PRESENCE OF: ~'()(l ~ .' ~ I. / . ¿11r1 I . /.J1 I1t:J-t'M Pnnt Name KIM D. DAVIDSON ~'1rl(d L. jj~ Print Name IH . AKERS By: '~rt;~R ~(~L~~: ~~~~~ '/;L dâ1~ #rJ- p~~æne~~~;;;: \ utilÛ{ ~ Þr1nt Name - . RS By: -----:--.._p~~ ~----:-^'" ·.,.",:",,0 ¡ \ "c",i jT,~Bi:J\ 1 ; / O^3."S I --.""~.--.-'""..."-"-~-- .,,,..,--¥---'" SIGNED IN THE PRESENCE OF: ( '~ / ¿w 1Zf/L¿~' . Print Nam~d 1 .s .l),J(I)')~ /Î (C~ (ihnAJ l j Print Name I ,1t!t4.~.$ f .ð u n.¿ ~ -16 A3 THE HALSTATT PARTNERSHIP a Florida General Partnership -, :--;;¿~\'C'1 C':;LUSR co t \" . ;·'ü t<iJMBER ! \ IO~?.5L ATTEST: \\\\\.\'1111111'" \\\~.~./4 I,,'. DWIGHT E. BROCK,ß~~~:!~:;~·""·, ...~' "\" _'It...' .'r.rÞ'~·,i.. '-:,~ /~;~:....::,,:. "~:".?';..;~\ .... ..' . - - By: \. \7~~ \~' /I~"}~~',:. /. -<f ./.,<~~:' ,/ Attts ....,. tfÎÍII.~ì··;·' s 191at..... ÓlT j. . . ~ . .... ~::. .~;.\ . , , 'i -, I ~. .,,- ... , . . Approved as to fonn and legal·suffièiency: 16 A3 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ~ tAl. ~ r~E. t:> JA') . Cl'>'il.t , Cha an Item# I~ ~~:da, ;}~ iJ~-:f15 .0.( - .~--- : J I':;CI<>.~~L:ER co 'I . \~:u; NUMßER ¡ ~O.35 I -...-...._~ .. Dee: 20 04 04:34,0 Docs # 139299 1 '1'9o'2OQ.o< - Iì02IXI2 NQ.4..I'2-5G4-<XJO James M Ir1k 239-334-0278 ,0.2 16 A3 Torino & MiI<ìmonte At Grey Oaks Engineer's-,Opinion of Probable Cost, 7/04 \.ViIsonMiHèr, Inc. Drawing No. D-0120-182 Summary Potable Water " $llO,819 Wastewater $290,921 Drainage $194,434 Landscape $192,099 Paving $558,194 Earthwork $686,904 Lighting $25,000 Sub- Tot.al $2,058,,371 Contingency (20%) $411,674 Total $2,470,045 Edward W. Arend, E.!. WilsonMiller, Inc. - FL Ue. #LC-COOO 170 ON BANK '·1 6'" 1 A3 3838 Tamiami Trail North * Naples. FL 34103-3507 239-261-4262 * Fax 239-403-5146 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 05-01 ISSUER: Orion Bank 3838 Tamiami Trail North, Naples, FL 34103 (hereinafter "Issuer"). PLACE OF EXPIRY: At Issuer's counters. DATE OF EXPIRY: This Credit shall be valid until January 4, 2006, and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit. APPLICANT: The Halstatt Partnership, a Florida general partnership (hereinafter "Applicant") 2600 Golden Gate Parkway, Naples, FL 34105. BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") c/o Office of the County Attorney, Collier County Courthouse Complex, Naples, Florida. AMOUNT: $ 2,470,045.00 (U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "The Halstatt Partnership, a Florida general partnership has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as "Torino & Miramonte" or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under Orion Bank Credit No. 05-01, dated January 4,2005." The original Letter of Credit and all amendments, if any, must be presented for proper endorsement. This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any An extraordinary bank for extraordinary people www.orionbank.com I . EXHIBIT~~:^' Ä···~ !ii:',;T'~ ""';"'-' ',-' ..-...----., .. -., ':'r 16 A3. document, instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this Credit will be duly honored by Issuer if presented within the validity of this Credi t. This Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500. " ~'~ By: ~ '~í~. ~ ~ Orion Bank Martha A. Huntenburg, Executive Vice President 4..sD.C~l!) . t..~c.o~c -;¿t.'Z.-0I. & Q) 0 ! ~b t ~t9"Ð n ",Docs #139299 ì l.) . ()~ ~ - Torino & Miramonte At Grey Oaks Engineer's Opinion of Probable Cost, 7/04 WilsonMiller, Inc. Drawing No. D-0120-182 16 A.3. Summary Potable Water $110,819) Wastewater $290,921 Drainage $194,434 Landscape $192,099 ,. \ OC I \, S It I ~A . Paving $558,194 \ . \ Earthwork $686,904 Lighting $25,000 Sub-Total $2,058,371 Contingency (20%) $411,674 Total $2,470,045 ,~. ~ l.. 4 ~ . 1l ~e \:) . ~. 1~.4. ~.4.~1. 1.. ,~~. ~ 1. "t 1 \.. \ ':\ Edward W. Arend, E.I. \ \c.. ~ ~4. ! ~ .3.. ,,~ " . 1212912004 - #32002 N0442-504-000 ~ t.",'à~. ~". WilsonMiller, Inc. - FL LIC. #LC-C000170 ~c.~~~. c:>4 ~ ,1 a. ~ t' - - 1.1-. J\ ,:\-.;~ ~._.._--~...... . Torino & Miramonte At Grey Oaks Engineer's Opinion of Probable Cost, 7/04 WilsonMiller, Inc. Drawing No. D-0120-182 16 A3 Potable Water Docs #139299 Item Units Quantity Unit Price Total Price Off site Hot-Tap existing 12" Main EA 3 $1,500 $4,500 4" PVC Water Main, C-900, Class 150 LF 221 $11.20 $2,475 6" PVC Water Main, C-900, Class 150 LF 1,312 $12.20 $16,006 8" PVC Water Main, C-900, Class 150 LF 2,443 $13.00 $31,759 10" PVC Water Main, C-900, Class 150 LF 255 $17 .00 $4,335 6" Gate Valve wI Box EA 2 $700 $1,400 8" Gate Valve wI Box EA 1 $725 $725 10" Gate Valve wI Box EA 1 $1,118 $1,118 Fire Hydrant Assembly EA 9 $2,500 $22,500 Pennanent Bacterial Sample Point EA 2 $1,050 $2,100 Single Water Service EA 14 $350 $4,900 Double Water Service EA 38 $500 $19,000 $110,819 Total 12/2912004 - #32002 N0442-~ Torino & Miramonte At Grey Oaks 16 A:2 Engineer's Opinion of Probable Cost, 7/04 . ,."ì1 WilsonMiller, Inc. Drawing No. D-0120-182 Wastewater Docs #139299 Item Units Quantity Unit Price Total Price PumP Station EA 1 $67,770 $67,770.00 Offsite Hot-Tap existing 10" Main EA 1 $1,500 $1,500.00 6" PVC Force Main (C-900, Class 150) LF 45 $14.40 $648.00 Off site 6" PVC Force Main (C-900, Class 200) LF 68 $15.55 $1,057.40 Manhole (0'_6' cut) EA 8 $2,750 $22,000.00 Manhole (6'-8' cut) EA 4 $3,000 $12,000.00 Manhole (8'-10' cut) EA 3 $3,900 $11,700.00 Manhole (10'-12' cut) EA 6 $4,300 $25,800.00 8" PVC Gravity SanitarY Sewer 0'_6' cut) LF 2,226 $23.00 $51,198.00 8" PVC Gravity Sanitary Sewer 6'-8' cut) LF 437 $27.00 $11,799.00 8" PVC Gravity SanitarY Sewer 8'-10' cut) LF 1,256 $35.00 $43,960.00 8" PVC Gravity Sanitary Sewer (10'-12' cut) LF 651 $39.00 $25,389.00 8" Temporary Plug EA 1 $350 $350.00 Single Sanitary Sewer Service EA 90 $175 $15,750.00 $290,921 Total 1212912004 - #32002 N0442-504-000 -,.-.-.,--.--"-> Torino & Miramonte At Grey Oaks Engineer's Opinion of Probable Cost, 7/04 WilsonMiller, Inc. Drawing No. D-0120-182 16 AJ, Drainage Docs #139299 Item Units Quantity Unit Price Total Price 12" CorrHDPE LF 1,099 $17.00 $18,683 15" Corr HDPE LF 183 $17.00 $3, III 15" RCP LF 374 $20.00 $7,480 18" RCP LF 760 $29.00 $22,040 24" RCP LF 717 $37.00 $26,529 30" RCP LF 1,039 $52.00 $54,028 36" RCP LF 114 $67.00 $7,638 42" RCP LF 157 $75.00 $11,775 18" Concrete Headwall EA 1 $1,200.00 $1,200 24" Concrete Headwall EA 1 $1,300.00 $1,300 30" Concrete Headwall EA 3 $1,450.00 $4,350 42" Concrete Headwall EA 1 $1,500.00 $1,500 Yard Drainage Inlet HDPE EA 11 $300 $3,300 Junction Box EA 7 $1,700.00 $11,900 Valley Gutter Inlets EA 12 $1,400.00 $16,800 Grate Inlet EA 2 $1.400.00 $2,800 $194,434 Total 12/2912004 - #32002 N0442-504-000 Torino & Miramonte At Grey Oaks Engineer's Opinion of Probable Cost, 7/04 WilsonMiller, Inc. Drawing No. D-0120-182 16 A3 Landscape Docs #139299 Item Units Quantity Unit Price Total Price Landscape & Irrigation LS 1 157,467 $157,467 6" PVC Irrigation MainC-900, Class-150) LF 1,793 $12.20 $21,875 6" PVC Irrigation Main (C-900, Class-200) LF 64 $13.40 $858 6" Blow-off wi Gate Valve EA 2 $1,200.00 $2,400 6" Gate Valve EA 4 $700.00 $2,800 4" Irrigation Meter EA 1 $ 1,000.00 $ 1,000.00 Directional Drill LF 95 $60.00 $5,700 $192,099 Total 12/29/2004 - #32002 N0442-504-000 Torino & Miramonte At Grey Oaks Engineer's Opinion of Probable Cost, 7/04 WilsonMiller, Inc. Drawing No. D-0120-182 16 A3 Paving Docs #139299 Item Units Quantity Unit Price Total Price Paver Bricks SF 118,458 $3.25 $384,989 6" Limerock Base SY 13,162 $6.50 $85,553 12" Stabilized Subgrade SY 13,710 $1.10 $15,080 2' Valley Gutter LF 5,945 $5.48 $32,579 12" Ribbon Curb LF 3,479 $6.48 $22,541 Signage LS 1 $1,000.00 $1,000 SOD (Bahai l' behind curb) SY 13,162 $1.25 $16,453 $558,194 Total 1212912004 - #32002 N0442-504-000 ----.-' Torino & Miramonte At Grey Oaks Engineer's Opinion of Probable Cost, 7/04 WilsonMiller, Inc. Drawing No. D-0120-182 16 A3 Earthwork Docs #139299 Item Units Quantity U nit Price Total Price Clearing and Grubbing AC 37 $400.00 $14,800 Lake Excavation CY 35,680 $1.70 $60,656 Blasting AC 3.00 $20,000.00 $60,000 Off Site Fill CY 50,624 $9.00 $455,616 Fill Placement (fill available on-site) CY 23,232 $2.50 $58,080 Lake Bank Stabilization SY 11,616 $2.00 $23,232 Seed and Mulch AC 12.00 $1,210.00 $14,520 $686,904 Total 1212912004 - #32002 NQ442-504-000 Torino & Miramonte At Grey Oaks Engineer's Opinion of Probable Cost, 7/04 WilsonMiller, Inc. Drawing No. D-0120-182 16 A3 Lighting Docs #139299 Item Units Quantity Unit Price Total Price Lighting LS 1 $25,000.00 $25,000 $25,000 Total 12/2912004 - #32002 NQ442-504-000 ORIGINAL DOCUMENTS CHECKLIST & ROUTING sLL 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ,. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE AS (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be fOlWarded to the Board Office only after the Board has taken action on the itern.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. Ifthe document is ·already complete with the .exception of the Chairman's signature, draw aline through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5 . Route to Addressee(s) Office Initials Date Listin routin order 1·5~.~ 2. (!/J ¿~ /J.d/h// 4# 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners ) PRIMARY CONTACT INFORMATION (Thepflmarycontact is the holder of the original document pending BeCapproval. Normally the primary contact is the person who createdipreparedtheexecutive summary. Primary contact information is needed in the event one of the addressees above; including Sue Filson, need to contact staff for additional Or nµssing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee !>ffice only after the Bee has acted to approve the item. Name of Primary Staff Contact Agenda Dat¢ It¢m wås A roved b the BCC Type of Document Attached c~e..; I;/-; fYkt.r+¡n '2 - 2.2.. ()~ ;' V (Lot --Pc.. r IY\ ; r Phone Number Agenda Item Number 4 0 ~ 2 "1'1." 1(, A - S I Number of Original Documents Attached Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/ A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages rrom ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages ITom contracts, agreements, etc. that have been fully executed by all parties except the BCC CM. Chainnan and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's ~/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chainnan's signature line date has been entered as the date ofBCC approval of the docurnent or the final negotiated contract date whichever is applicable. D-yv\ 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. e. V"" 5. Inmost cases (some contracts are an exception), the original document and this routing slip . should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain WJþ time frame or the BCC's actions are nullified. Be aware of your deadlines! - INSTRUCTIONS & CHECKLIST 1: FOlTIlS/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 __ ¥__~"_=___M__""'>"'__"""~__~ .....'~_ ,. _"--"""'" "~"""_"^_~_""",,,,,.....,. '-";'_"".''''_''''~''',_~_'''_'d*,'""'_''''~'''.'''~"''' ...~.~.' 16 AS MEMORANDUM Date: February 25,2005 To: Cecilia Martin Planning Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: CP-2005-02 Enclosed please find one copy of the above referenced document, (Item #16A5), approved by the Board of County Commissioners on Tuesday, February 22, 2005. Thank you. Enclosure 16 A5 Permit No. CP-2005-02 PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Immokalee Chamber of Commerce, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct the annual Harvest Festival 2005 Fiesta; and WHEREAS, Immokalee Chamber of Commerce, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct the annual Harvest Festival 2005 Fiesta, set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Immokalee Chamber of Commerce, has requested a waiver of the Surety Bond; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO IMMOKALEE CHAMBER OF COMMERCE, to conduct the annual Harvest Festival 2005 Fiesta from February 24th through March 6,2005, 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") The request for waiver of Surety Bond is hereby approved. WITNESS my hand as Chairman of said Boarµ and Seal of said County, attested by the r.£ ---- . Clerk of Courts in and for said County this r:J; / day of f.t I; t t/ ,1 r t12005. .1 ., ATTEST: DWIGRI Jî'~B~ÇK, CLERK /ß·~<c~. O.e. -;~, Att.,t . , .. . t....·. ':~191ìt' . > ~,~ Apprové<al'/~~; ~9',rf:¢rtì ànd Legal Sufficiency: (/ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA: '-1. n W. ~ BY: -ru-«- FRED W. COYLE, CHAIRM Item# J~A5 ttorney r::::;; l ./ 16 AS , ~ = Q ~ :~ I .,. oo~ ~..c I.' = ~rJ:J. I ~~~ ~ I ":I ~ a.n """ t~~ ~ ~ ~Q ,.C~ ~I ('f"). J-t~~ ~NI 't:~\CI ~ I ~ c;f.~ == ~ 2 ~=~ ã~O\ - I ~ ~OOQ o I ~ ~ =~~= 0\C 0= ~.A.,~ .~ c;f. = = ~ÕNO\ ~~.s= ~ I ==a.n ~~~:tI:: ëa~ 0 _^ y c;f. .,. ~.s ~ Q ~~~~ ~ ~ ~ Q ~ r.f. ~ ~ 00 ~('f") cldg 1.'= ~\CI :l~ QO\ ~~ ~ I a.n ~:tI:: ~ Q ~= oS 0 ~~ Exhibit "A" ~ ~. 't: ~ o ~ ., = N ;9 = o rJ:J. c;f. ~ ~ ~ N I ('f") N I N N I ~ N IN == ~= 0\= ,...¡= ~~ 00\ ~,...¡ ,...¡ I a.n ~:tI:: ~ Q y= .s Q ~.~ ORIGINAL DOCUMENTS CHECKLIST & ROUTIN<ls6p A 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ,. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only.!!.fmr the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is ·already complete with the.exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5 . Route to Addressee(s) Office Initials Date (List in routin order 1. ".:5 <" IJlrn ;, ~ ) PRIMARY CONTACT INFORMATION (Th4::þtímary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who creatediprepuecl the executive sußUI\ary. Primary contact information is needed in the event one of the addressees above; including Sue Filson, need to contact statffor a<ùNional Or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the BCe office only after th4:: BCe has act4::d to approve the item. ' Name ofPrima.ry Staff Contact Agenda Date Item was A roved b the BCC . Type of Document Attached (! 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners ~ I ì (J...J IY"b..r f- J'V'\ . 7-~ 'OS wal Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a) licable. "Sign here" tabs are placed on the appropriate pages.indicatillg where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 2. 3. 4. 5. I: Fonns/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS OriginaJ 9.03.04 / Cfl\ N/,A l ¡J/ A 16 A6 MEMORANDUM Date: February 25, 2005 To: Cecilia Martin Planning Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: CP-2005-03 Enclosed please find one copy of the above referenced document, (Item #16A6), approved by the Board of County Commissioners on Tuesday, February 22, 2005. Thank you. Enclosure 16 A6 Permit No, CP-2005-03 PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Mr. Keith Larson, Supervisor, Golden Gate Community Center, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival; and WHEREAS, Mr. Keith Larson, Supervisor, Golden Gate Community Center, 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 exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Mr. Keith Larson, Supervisor, Golden Gate Community Center, has requested a waiver of the Surety Bond; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO THE GOLDEN GATE COMMUNITY CENTER, INC., to conduct a carnival from February 24, 2005, through February 27, 2005, 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") The request for waiver of Surety Bond is hereby approved. ~~\"Ht'" """.:, '"". r . i{ " ATJ. ' I ,J '/), 'f,. I1\'V- . . TE: 'BRQÇK, CLERK 'ß~~,J ':,\ :"';"'\::\' ' 1''''1) : WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this f! ;,' y7~ay of ~. t f y J r 1 ' 2005. ( BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA: o.c. BY: '1uJ- w. ~ FRED W. COYLE, CHAIR 'I CARNY-05-AR-7I 77/SM/CM/sp Item# I~ ~~~;da rJ-d é) Z'ç Date ð'" ":lLL..rc Rec'd ~ . ,C OWNER NAME COLLIER CNTY OWNER ADDRESS BOARD OF COUNTY COMMISSIONERS 3301 TAMIAMI TRL E BLDG F NAPLES, FL78COX 341124902 PREVIOUS OWNER BOARD OF COUNTY COMM FULL LEGAL DESCRIPTION GOLDEN GATE UNIT 4 BLK 115 UNDIVIDED AND THAT PORTION OF VACTED R/W RES. 2000-192, LESS OR 343 PG 311-12 Exhibit "A" :::ollier County :::D-Plus for Windows 95/98/NT l6 A6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING sLII 6 B 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceotion of the Chairman's signature, draw a line throul!h routinj!; lines #1 through #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approvaL Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Margaret A. Bishop Phone Number 213-5857 Contact Agenda Date Item was February 22, 2005 Agenda Item Number 16B3 Approved by the BCC Type of Document Work Order Number of Original 5 Attached Documents Attached Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed ')r1a. ·iJ by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's ?J\t{~ Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the ?1'\tt~ document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ?rI¡X~ signature and initials are reauired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Ì'J'V.{'Ó Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 2/22/05 (enter date) and all changes made during the meeting have been incorporated in the attached document. The /f-a.'-Ö.- Countv Attornev's Office has reviewed the chane:es, if applicable. INSTRUCTIONS & CHECKLIST I: Formsl County Forms/ BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16 83 MEMORANDUM Date: March 2, 2005 To: Margaret A. Bishop, Project Manager Stormwater Management Section Road Maintenance Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Work Order # DAB-FT-05-09 2005 Australian Pine Removal Project No. 51501 Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16B3), which was approved by the Board of County Commissioners on Tuesday, February 22, 2005. An original has been retained in the Minutes and Records Department, and the Finance Department has also been furnished an original document. If you should have any questions, please call me at 774-8406. Thank you. Enclosures (3) ~,6 WORK ORDER # DAB-FT -05-09 16 83 "Agreement for County Wide Exotic Vegetation Removal" Dated October 1, 2003 (Contract # 03-3568) This WorK Order is fo' Exoto Vegetation Rerloval subje:: to the ter'llS ard :01dtions of the Contract refe-enced aoove, for work known as: EB.QJ.ECT 2005 Australian Pine Removal Project, Project No, 51501 TrdS year's pro;ect !S :::011prlsed of one (1) wo'k site location at tile Coronado Canaln Golden Gate City T1e sites generally found adjacent to canal and ditch banks located within County drainage easements The work is specilied ir the proposal datea January 20. 2005 from DeAngelo Brctrers. Inc. dba Aq..:agenix. willen is attacned Ilereto and :nade apart of th s Work Order. in accoraa~cewlth Ter:11S and Conditions 01 the Ag'eement referenced above. WorK Or::!er # DAB-FT-05-09 IS assig,-,ed to DeAngelo Brotllers, Inc. dba ,A,quagenix Scope Contractor to supply labor and material. Scl-eeuie of Work. Corllplete W!tlli;- 180 days frolll tile notice to proceed date. The eff,,;ctlve start date of t1e pro,ect will be givern tre Notice To Proceed. The contract peroo can be increased accordngly for additiora! C01tngency work or rain delays. COllpensation The County will cCllpensate the Fi"'ll in acccrdance w¡th the amount provided i:--. the attached ser.edule. TOTAL FEE $ 222.450.00 (see attached fo' bd form oreakdown) : r_1. . -' (~r .. , ArlY change made subseqJe'lt to I¡nal department approva: w,i! be considered an additlona service and charged accorclng to an executed Change Order as erUlTerated III Exhibit 0 of the Agreement, PREP,A,RED BY ~.~t~~~t~-- ~ ~~e1 ~DS- Trarsoo~~ervices Di\' ;, , 'ôrmwater Management Depa1me:1t /~, ~~~- // ¿;~/~.r R ,d , P Di'ector Date 'ani n Serv Divan, Stormwater Marlage'1len: Depa ment f/rq/ {)rANb[ uJ J pfa/{.JOç rì r Printed or typed nanle and title APpro1d as to Forll anJ' legal sufficiency k ÍA 1:1 /"---- Ass stant Coun:\, ~ttor'ley Item # \Le 13 3 Agenda d"- a-a-d5 Date -. ( . G :;\J(".:,' 1!:':I'b ,w~! S~·,'.lr ~~\,1¡;':: lJ:.i'~'''\ 'J,,-~I St;11il),::~"Tt:I'';l)'d/ 1:"\1::[110;::: F 1t;~",)I~"¡F',/¡:.;¡~- :J',:t.:I A.'_,,¿¡~;o;,;~II). 20C;'Ju':: :" 6:~CJ5 16 83 WORK ORDER # DAB-FT -05-09 A TT ACHMENT WORK ORDER # DAB-FT-05-09 "Agreement for County Wide Exotic Vegetation Removal" Dated October 1, 2003 (Contract # 03-3568) Project Description: For several years the Stonnwater Management Section of the Transportation Services Division has defined and supported the need to maintain an annual effort to eradicate exotic vegetation growing along numerous miles of County maintained drainage canals, ditches, and lakes. When growing along a canal bank, Australian pine trees have a tendency to out-grow the support provided by their root system. This situation can pose a threat of personal injury and property damage, as these trees are prone to topple over in moderate to high winds. These trees have the potential to block flows in the drainage system if they were toppled into the ditches or canals. Some Australian Pines have purposely been planted, however most of these trees have established themselves along the high water line adjacent to the secondary drainage system. Removal of these trees will improve properties by reducing the risk of personal or property damage should these trees topple over in high winds. Australian pine trees are declared a public nuisance by Collier County Ordinanèe 99-51 when located in or adjacent to right(s)-of-way, canal(s), and easements. ' They are also designated "Prohibited Aquatic Plants" by the Department of Environmental Protection as referenced in Chapter 62C-52, Florida Administrative Code. Throughout the County hundreds of locations contain thousands of trees that should be eradicated. Five (5) work site locations were chosen for eradication sites. Quotes were received for all five sites, but budget constraints reduced the number of areas to be cleared. This year's project is comprised of one (1) work site location. The site is located off of Coronado Parkway in Golden Gate City. The work will include removing exotic vegetation from the Coronado Canal located in Golden Gate City to improve stonnwater management. Australian Pine Removal Project June 14,2004 rage 10 of 11 PROPOSAL CONTINUED BID. SCHEDULE 2004 Australian Pine Removal Project Proppsed Work Sites Quote-Amount Per Site-- LUMP SUM 1 2 3 4 5 ~Canat- HtJAter Caf\aJ-. ComOOoCanal- 299&~St sw· E-of 1123·ShadowIawA- ~ $.,294,750 $. 869,250 $ 222,450 $. 54,000 $. 2,500 16 83 16 83 EXECUTIVE SUMMARY Recommendation to approve a work order in the amount of $222,450 to Aquagenix for the 2005 Australian Pine Removal Project (Project No. 51501) under Contract 03-3568, and approve a budget amendment to transfer funds in the amount of $59,100. OBJECTIVE: To receive Board of County Commissioners' approval of a Work Order for the 2005 Australian Pine Removal Project to Aquagenix in accordance with the Annual Contract for Countywide Exotic Vegetation Removal, Contract No. 03-3568. CONSIDERA TIONS: For several years the Stormwater Management Section of the Transportation Services Division has defined and supported the need to maintain an annual effort to eradicate exotic vegetation growing along numerous miles of County maintained drainage canals, ditches, and lakes. When growing along a canal bank, Australian pine trees have a tendency to out-grow the support provided by their root system. This situation can pose a threat of personal injury and property damage, as these trees are prone to topple over in moderate to high winds. These trees have the potential to block flows in the drainage system if they were toppled into the ditches or canals. Some Australian Pines have purposely been planted, however most of these trees have established themselves along the high water line adjacent to the secondary drainage system. Removal of these trees will improve properties by reducing the risk of personal or property damage should these trees topple over in high winds. Australian pine trees are declared a public nuisance by Collier County Ordinance 99-51 when located in or adjacent to right(s)-of-way, canal(s), and easements. They are also designated "Prohibited Aquatic Plants" by the Department of Environmental Protection as referenced in Chapter 62C-52, Florida Administrative Code. Throughout the County hundreds of locations contain thousands of trees that should be eradicated. Five (5) work site locations were chosen for eradication sites. Quotes were received for all five sites, but budget constraints reduced the number of areas to be cleared. This year's project is comprised of one (1) work site location. The site is located off of Coronado Parkway in Golden Gate City. The site is adjacent to canal and ditch banks located within County drainage easements. This proposed work will also target any other exotic vegetation found among the Australian pine trees at each site such as Brazilian Pepper and Melaleuca. Pursuant to completing this project, staff solicited price quotes from each of the three firms pre-qualified under the "Annual Contract for Countywide Exotic Vegetation Removal". The following is a summary of the quotes received: Executive Summary 2005 Australian Pine Removal Project Page 2 of2 16 83 SUMMARY OF QUOTES WORK SITE NO 3 Name of Company Amount of Quote Floraquatics, Inc. No Quote Aquatic Weed Control, Inc. No Quote Aquagenix $222,450 FISCAL IMPACT: Funding in the amount of $163,350 is available in Fund 301 Australian Pine Removal Program (Project No. 51501). A Budget Amendment is needed to transfer $59,100 from project 51801 into the Fund 301 Australian Pine Removal Program (cost center 172945) to finance the entire 2005 phase of this project. The source of funding is ad valorem taxes. The project has been awarded a $170,000 Grant through the Cooperative Water Resource Projects Funding Program of the Big Cypress Basin/South Florida Water Management District (SFWMD). Upon final completion, $170,000 of the County's total project cost will be reimbursed by SFWMD and be returned to reserves. GROWTH MANAGEMENT IMPACT: The Australian Pine Removal project is in accordance with the goals and objectives of the Drainage Sub-element of the Growth Management Plan. RECOMMENDA TION: That the Board of County Commissioners: (1) Approve issuance of a work order to Aquagenix, in the amount of $222,450 under contract 03-3568. (2) Direct the Board Chairman to execute Contract No. 03-3568 with Aquagenix. (3) Approve the necessary budget amendment. PREPARED BY: Margaret Bishop, Project Manager, Transportation Services Division, Stormwater Management Department. 16 83 BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BA#.... H....'......,....... H...· JE#...................,............. BAR#.,............................ A.P.H. Date.............H........ Fund Number 301 Fund Description County Wide Capital Projects Date Prepared: 01/25/05 Approved by BCC on: 2/22/05 Attach Executive Summary Item No.: 16 B Fund Center Title: WBS Element Title: Expense Budget Detail Storm water Capital Lake Kelly Structure Fd Ctr No.: 172945 WBS No.: 518012 (Provide the Fund Center or WBS element information; it is not reouired to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud2et Budget 172945 518012 763100 Improvements (59,100.00) 114,314.00 55,214.00 Net Change to Budget (59,100.00) Fund Center Title: WBS Element Title: Expense Budget Detail Storm water Capital Australian Pine Removal Fd Ctr No.: 172945 WBS No.: 515012 (Provide the Fund Center or WBS element information; it is not reouired to urovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budget 172945 515012 763100 Improvements 59,100.00 497,367.39 556,467.39 Net Change to Budget 59,100.00 Expense Budget Detail Fund Center Title: WBS Element Title: . th C Fd Ctr No.: WBS No.: (ProvIde e Fund enter 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 Bud2et Net Change to Budget 16 COLLIER COlTNTY BOARD OF COlTNTY CO~nvIISSIONERS PROJECT No. 5150 11 .AUSTR...\LIAN PINE REl\10V'E..4.L-CORON.ADO C..4.N..4.L ..4.RE..4. PROJECT LOC..4. TION l\L4.P 11TH A VIii $WI ..Œ.DJI.R 7R1;JUJ>l- ~ '>< ~ ~ ~ JM:'S7PORT LN 1 I1fJ-ft LSW S! -J '5:i (Q ~ VI l- v¡ 20 ; is ~ ~ SEAGRASS..I.ÞS ~ 49$ ~ ~ is ~ 1 PK.OJECT LOCATION ~~:--~~ ----,.:......... ---..:~...... COP .PBU.,.» L.N 29 ~ 26TH A'Æ SW . .PAWTJ:.nLElll' LN ~ (J\ ... VI ~ <> <> 1111!i 9.1. SW ~ ¡..¡; ~ ~ N 1TTHAVIii SW 17TH AVIii s:w ~ f-.. VI t¡ -a 1TTHPLSW qj -jI ~ g ~ I""'t 1~1J-f.A'I'J:'·SIN ~ VI ... VI ~ 1; S: ~ VI (J\ 1rf1:1PL SIN ~ '3 ¡1BTHAVIii SW ~ ~ VI f-.. VI ~ 16:rH(;.T Sw 16TH CT SW .,# 4- «;0" )'''019t1:1 A'oI.!: SIN ~.~ "t>..... ~'"" ~ .~ # V.... ~-}. <f ¡zaTH PL. SW Zl ..:>~ /:--11-- ~7 '0,%:- <1>-..0 <~ ~ 21.stPL.$JN '5:i (J\ ~ l1IWA'oI.!:SIN ~ 22NP AVIii sW 5! ~ ~ 22ND.PL SIN ~ ¡¡j a¡ VI I- f:1\ ~ f-.. (Ii S: ~ l- I- (Ii -..¡ (J\ fA ~ ~ ..... ..... ~ ft <> <> ... ì!1 ::tt 23R.tIC:tW J:: H- ~ ~ 23RDPJ...$W 23R.tI (;;t SIN 2.4t1:1 A'oI.!: .SIN 25TH A.VIii SW ~ '0 ~~ #' '? ~~{<- # fv>(. . c\. '?..... é)-$ þ.'-Y 1'",,<- PROPOSED BY: COLLIER COUNTY BOARD OF COTJNTY COtvIIvnSSIONERS ROAD MAINTENANCE DEPARTh'lENT STORNrvVA1ER IvlANAGEMENT SECTION HORSESHOE SQUARE, SUI1'E No. 214, 2685 SOUTIi HORSESHOE DRIVE API.. A 4104 :Ð 7 2501 PROJECT MANAGER: MAR T ""H ~.-~ ~ roo 1,000 I o Feet ~ A q u a 9 e n x Man a 9 i n 9 You r L I q LJ i d Ass e t s 16 83 r,1"riTf'rr-T l.)\ _.~.J _.~~. L.__..JU l... "'--.oIL JUN 2 9 2004 June 28, 2004 "..-.- r..r to c. ~ ' ,f r "1 ( . Margaret Bishop Collier County Government 2685 South Horseshoe Drive, Suite 214 Naples, F10rida 34104 Dear Margaret Bishop: Aquagenix would like to thank Collier County Government for another opportunity to work for Collier County on exotic tree removaL We are prepared to clear all exotics witlùn the parameters of bid specifications. Our managers have surveyed and reviewed these canals very carefully and have taken into account all obstacles and access points one by one, including power lines, bridge heights, water levels and vacant lots which could be used as staging areas. Videos of all areas will be done before working in those areas. With our past experience in these canals, we know exactly what it is going to take to complete this project within the time allotted, Aquagenix will contact all residents impacted by our project before approaching any trees near their property. Also all property owners of open lots which may be used for staging areas will be contacted for permission to use there open lot. All properties will be left exactly as we found it with any damage repaired. Aquagenix had a very good experience with Collier County on the last exotic removal while working with Jerry Kurtz and we look forward to providing Collier County the best possible services for the project. George Bowling Sales Manager 12731 Metro Parkway, Fort Myers, FL 33912 (239) 561-1420 - Fax (239) 561-2883 Aquagenix is a subsidiary of DeAngelo Bro1hers, Inc. Australian Pine Removal Project - June 14,2004 p""9ol6 B 3 CONTRACT PROPOSAL FROM: Aquagenix. .---.- 12731 Metro Pkwy, Ft. Myers, FL 33912 rOUE: Tuesdày JUne 29, 2004'Ct47001J':f'n';- Board of County Commissioner~ C/O Stormwater Section, Road Màíiltènance Departmen~\ Suite 214, 2685 South Horseshoe Drive Naples, Florida 34104 RE: "2004 Australian Pine Removal Pl'òject" Dear Commissioners: The undersigned, as vendor, hereby declares that he has examined the specifications and informed himself tully in regard to an conditions pertaining to the work to be done for furnishing an labor and equipment to perform complete exotic vegetation removal per the attached speBifications, The vendot further declares. that the only persons, company or parties interested in this proposal or the Contract to be entered into as principals are named tlerein; that tt~ proposal is mae~ without connection with any other person, company or companies submitting a Proposal; and it is all respects fair and in good faith, without cotlusion or{taud. The vendor proposes and agrees, if this Proposal is accepted, to contract with the County furnish work in full, in complete accordance with the attached specifications, according to the following unit prices: See Attøehed Bid Schedule- Any discounts or terms must be shown on the proposal Form. Such discounts, if any, will be considered and computed in the tabulation of the bids; In no instance should terms for less than 15 days payment be offered. Prompt Payment Terms: _ % . ___ ' Day): Net ~ Days Addenda received (if applicable): #1 #2__ #3 Proposal continued onnextpage:. .. AUSlralian Pine Removal Project June 14,2.004 Page 10 of 111 6 B 3 PROPOSAL CONTINUED BID SCHEDULE 2004 Australian Pine Removal Project Proppsed Work Sites Quote-Amount Per Si~ LUMP SUM 1 NepttlAe Canffi $. 294,750 2 Humer Cooæ $ 869,250 3 ComadoCaA~ $ 222,450 4 2996-44tR-SL SW· $. 54,000 5 Eot 1123 ShaeowJawnQr-. $. 2,500 Australian Pine RAmoval Project - June 14.2004 ¡',go II of ,,1 6 B 3 PROPOSAL CONTINUED The servico to be furnished by US is hereby declared and guaranteed to be in conformance with the specifications of the County. The undersigned do agree that should this Proposal be accepted, to execute the form ot contract and present the same to. the_ County Purchasing Director tor approval within fifteen (15) days after being notified of the awarding of the Contract. The undersigned do further agree tl1at failure to execute and deliver said forms of contract within fifteen (15) days will result in damages to the County \ IN WITNESS WHEREOF, WE..hæ.ce hereunto subscribed our names on this __~-ª__ day of ~U~_~._h___ ___,2004 in the County of _J:.e~__ ___ _' in the State of.x~ -- Aquagenix, division of DeAngelo Brothers, Inc. Firm's Complete Legal Name Check ono of the fotlowiITg:\ J Sole Proprietorship V - Corporation or P.A. limited Partnership General Partnership Phone No. 239-561-1420 FAX No. 239-561-2883 12731 Metro Parkway Address Fort Myers, FL 33912 City, State, ZIP BY: George Bowling Typed and Written Signature ~ Sales Manager Title NOTE: If you choose to quote this profectt pleasè submit an , omGtNALandONE COpy 'of yourproposa~ pages. Australian Pine Removal Project, June II~, 2004 r'go? 011 11 6 8.3 Collier County Florida Insurance Requirements INSURANCE TYPE REQUIRED LIMITS 1 1. Workers' Compensation Statutory limits of Rórida Statutés Chapter 440 and all Federal Government Statutory Limits and Requireme~ts ~ 2, Commercial General LiabHity (Occurrence Form) patterned attar the 1985 1.8.0, form with no limiting endorsements. Bodilv IntuN & Property Damaae $1.000.000 Single Limit Per Occurrence --X. 3. Indemnification: The ContractorlVendor, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is accepted through the signing of trns document.,. shall hOldharmles5.-andJiafend Collier County and its agents and employees from all suits and actions, including attorney's fees and all costs of'litigation and judgments- of any name- and desa:ipUoo arising out of or incidental to the performance of this contract or work performed thereunder. This provision sharr atso pertain to any ctairrnft:nought agaioslthe County by an employee of the named ContractorNondor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price a~ shown in this Contract or the ContractorlVendor's limit of, or lack ot, suUìcienl ¡nswanca prQtection. The first Ten Dollars ($10.00) or monoy received on the contract price is considered as payment ot this obligation by the County; ~ 4. Automobile Liability $500.000 Each Occurrence Owned/Non-owned/Hired Automobile. Included_ 5. Other Insurance as indicated below: nla 1 6. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is reQuired to meet. The same contractor shall provide the County with certificates of insurance meeting the required insurance provisions. Australian Pine Removal Project - June 11\,2004 16 B3 Page 8 of II CoUier County Florida Insurance Requirements (Continued) --2L 7. Collier County must be named as "ADDITIONAL INSURED" on tt1~ Insurance Certificate for Commercial General Liability. 2- 8. Collier Cuunty Board of County Commissioners shall be named as the Certificate Holder NOTE: Thp. "Certificate Holder" should read as follows: Collier County Board of County Cõmmissian~rs 3301 East Tamiami Trail Naples, Fl 34112 _~ 9. Thirty (30) Days Cancellation NötiCe istequiræ- 2- 10, The Cerlificate must refer to contract title. BIDDER'S AND INSURANCE AGENT STATEMENT: We understand the insurance requirements contained- in these specifications, and that the evidence of said insurance may be required within five (5) husiness days of the aw~rd of hid. --"------ The Graham Company_ Insurance Agency cß~ f Bidder {J Signature of Bidder's Agent 16 B3 DEANBRo.01 eOL 1 ACORD,.. CERTIFICATE OF LIABILITY INSURANCE )AtE~MIDÞM'YY! THISCERTIFICATEIS188UEDA8AMAnEROFI F .j., .N ONLY AND CONFERS NO RIGHTS UPON THE CIRTlFI"",Tf! OOI.:OEft THtSCEIn1fICAn!.ÞOES NOT AMI!ND, EXTI:NDOR ALTER HE co GE AFFORDED BY He ,.OUCIIS ELOW. CO E GEl T14 POlICl1I or INSURANCI! t.lSTED oel.ow ""VE BUN ISSUED TO Tt1E INSURED NAMEt! ....OVE FOR THE POLlCV PERIOD INDlCATEO. NOTWltHST"NDING ANY REQUt"I!MENT, TERM OR CONDITION OF ^,~Y CONTRACT OR OTHER DOCUM!!NT WITH AISPEcr TO WHICH THIS CERTIFICATE ",V8e 19SUIO OR MAV PERTAIN. THE INS~ AFfURDlD BY THI! rouclI!s DI!$CRIBED H51UiIN " 8VIUI!CT TO ~1. n-1£~MB. EXCLUSIONS AND CONDITIO,..' 0'" SUCH ,.OllCIES. AGGREaA1W I.IMITS SHOWN MAY tiAV!. BEEN "edUCED 8'1' PAlO CLAIM!. 'OLlCY IIUMI!II UMlTS · · s · · · '''ODUCI'' The Graham Company The Graham Building 1 Penn Squ.... W..t I PhHldefph", PA 1.102 IMIU""D eAngelo Brothers, Inc. T/A Aqu.genb: 11210 Phillp.lnduelrl.1 Blvd.,SuU. 1 Jachonvllh:, FL 32256 11/1/03 11/1/04 A SR00410146 COIAM"RC'''t OIlNEIUIL l'AO'U CLAI"'8 "'''DE [!] ocetA oliey 9ubJec;t to 81~ "31188'2000 11/1/04 C;OMBlNllo !!'NGU! LIMlr B 11/1/03 (Eo ICCIGonl. j.LL OWNED AUTOS !OOIL Y INJU'IY (1',,, ""....) · eCIŒOUl fD AUTOS 11'1\50 Aur08 'COlLY INJURY · NON.OWNED AUTOI (P" leelSln'1 X Phy.'c.. Damlge PROPERTY DI\M"GE (".r IUldo." AUTO ONW ··"11 AC I EHT · orltE" THAN UACC · "UTO ONLY: "III) S ...IU.....IL\.A LII\IfLITY II\ÇH OCCu....I!NCI! · C OCCUlt o ClAIMI M"D~ 0111112034 11/1/03 11/fIU AGGIIEIIA " S OEOUCTIILE III!TltNTION 1 WO""I!III Cðtlll'lNMTION ANO It lMPLey!M' IJItIfl.ITT C38H111ØO "/1103 11/1/CW am' J>RtPRII¡¡=,P""Tllf~I!J<ECUrIVE O"ICI,",IM I!J<CLUI:I 01 t. ~1·'I~t·~\t&v~n1~N' "low DIMIII D allutlon Caverlae 11/1103 1111/04 Ocellft"al' DEKRll'nON Of OI'E"""I:INII LOCATlOItI. V.EJQCL6I1 IkÇtU81O"' AÞMO IIY INOOIIUMENT ,.,.eCIAt "ADYlIION' ß.iI' Automobile Policy I1AP3868121-00 CERT1FICATE hOLDEh NAte , lHOIJl.o AtlY OF THI! ....DYI Ollelllll!!O 'OUCIII lIE cAt.lCllLEO Br;1'OfII1 till ÞPlAAtI !lAtE THIIIEOP. THt "IUlNO INIUIII" WIll INOIAIIO.. T'Ø "AIL 3!..- !IA<n WRItTEN HOTlCE 'IV IME CE"mlCAtt HOLD"" "_0 to n!È LI".IIUT 'AI!.UIU!! TO DO 10 .HA1.l IMl'oie NO OIILIClAnON Oil UADlUTY 0' ANY kIND UI'ON 1M!! 'N'UR!!,,'" ACClnll 011 .""EIIMTAnYE,. AUTHORIZED RC""EII!IITAl1Y1! ACORD 25 (2001/011) II:! ACORD CORPORATION 11811 ~ A qua 9 e n 16 B3 x Managing Your Liquid t\ssets Collier County Government Equipment and Labor used for Australian Pine Removal project and attached References 1 Manager 1 Supervisor 5 Laborers 1 Bucket Truck 1 Claw Truck 2 Chip Trucks 1 Chipper 1 Track Hoe - 70,OOOlb 2 Barges 1 Push Boat 12731 Metro Parkway, Fort Myers, FL 33912 (239) 561-1420 - Fax (239) 561-2883 Aquagenix is a subsidiary of DeAngelo Brothers, Inc. Job ·¡itle: Owner I Owner's Rep: Work Performed: Scope of Work: Work Completed on: Project Total: Phone H: Contact: Job Title: Owner I Owner's Rep: Work Performed: Scope of Work: Work Completed on: Project Total: Phone H: Contact: Job Title: Owner I Owner's Rep: Work Performed: Scope of Work: Work Completed on: Project Total: Phone 4t: Contact: Job Title: Owner I Owner's Rep: Work Performed: Scope of Work: Work Completed on: Project Total: Phone 4t: Contact: Job Title: Owner I Owner's Rep: Work Performed: Scope of Work: Work Completed on: Project Total: Phone H: Contact: Zone 1 aintenance Contract E8E16 Florida Department of Transportation, Turnpike Enterprises 16 83 Herbicide Application in DOT Right of Ways, Florida's Turnpike MP 100 to MP 200 Herbicide application to guardrail, barrierwall and fenceline along the Turnpike Mainline In Progress $40,000 annually 561-683-4646 Scott Coccol1i Exotic Control and Maintenance Broward County Office of Integrated Waste Management Mitigation/Preserve Area maintenance Herbicide Application, Exotic Tree Removal, Site Mowing & Maintenace of berms and fence lines Contract in progress through Oct. 2004 44,000 annually 954-765-4202 Richard Meyers, Project Manager III City of Weston Exotic Nuisance Control Calvin, Giordano & Associates, Inc. 1800 Eller Drive, #600, Fort Lauderdale, FL 33316 Exotic Nuisance Species Control Ground Application Services for Mitigation and Preserve Areas within the City of Weston In progress through 2003 $282,341.00 Jeff Skidmore, City Manager CDF Mitigation Brevard County Solid Waste Authority, 1620 Adamson Rd, Cocoa, FL 32926 Wetland Planting Install Native Plants in Created Wetlands and perform Maintenance for Five Year Period. Completed Feb. 2002 $480,000.00 (407) 633-7112 Dick Gosselin Lake Fran Wetland Planting City of Orlando Public Works, 400 S Orange Ave, 8th Floor, Orlando, FL 32801 Wetland Planting Planting and Maintenance of Wetland Area at Lake Fran August 2000 $315,000.00 (407) 246-3645 Nancy Caskey -~--"--,..... Job Title: Owner I Owner's Rep: Work Performed: Scope of Work: Work Completed on: Project Total: Phone f: Contact: Job Title: Owner I Owner's Rep: Work Performed: Scope of Work: Work Completed on: Project Total: Phone f: Contact: Job Title: Owner I Owner's Rep: Work Performed: Scope of Work: Work Completed on: Project Total: Phone f: Contact: Job Title: Owner I Owner's Rep: Work Performed: Scope of Work: Work Completed on: Project Total: Phone f: Contact: Job Title: Owner I Owner's Rep: Work Performed: Scope of Work: Work Completed on: Project Total: Phone f: Contact: Exotic vegetation Removal on Flight Line a1J..... Fence Lines, MacDill Al 6 B 3 Chugash Management for MacDill AFB, Tampa, FL Exotic removal of Brazilian Pepper trees from flight line and fences Exotic Control and Removal On going $25,000 813-828-3730 Wayne Ecker, Chugash Management; Jason Kirkpatrick, Environmentalist TECO Vegetation Management Tampa Electric Company, 702 E Franklin St, Tampa, FI 33602 Vegetation control at 271 Electric Sub Stations and 4 Generating Plants Control of weeds and vegetation by herbicide Annual Project in progress 120,000 annually 813-275-3123 Luther Hall, Jr. Countywide Vegetation Management Contract St. Lucie County, Florida Ft, Pierce, Florida Weed and Brush control on County owned Right of Ways Exotic vegetation control by herbicide treatment; Small Machine mowing along ROW areas In progress $100,000.00 772-462-1817 Ray Murankus Palm Beach County Parks and Recreation Palm Beach County Board of County Commissioners Exotic Exotic Control by Herbicide application, Habitat Restoration by planting native plants &, maiT In Progress $35,000 (561) 966-6674 Rich Luisi Exotic Control and Maintenance Broward County Office of Integrated Waste Management Mitigation/Preserve Area maintenance Herbicide Application, Exotic Tree Removal, Site Mowing & Maintenace of berms and Contract in progress through Oct. 2004 44,000 annually 954-765-4202 Richard Meyers, Project Manager III Job Title: Owner I Owner's Rep: Work Performed: Scope of Work: Work Completed on: Project Total: Phone 1/: Contact: Job Title: Owner I Owner's Rep: Work Performed: Scope of Work: Work Completed on: Project Totnl: Phone 1/: Contact: Job Title: Owner I Owner's Rep: Work Performed: Scope of Work: Work Completed on: Project Total: Phone 1/: Contact: Job Title: Owner I Owner's Rep: Work Performed: Scope of Work: Work Completed on: Project Total: Phone 1/: Contact: Exoti egetation Control Contract . Northcrn Palm BCRCh County Water Control District 1 6 Herbicide Applirf'1tion to rontrol exotics in Preserves, Buffers and Waterw*s 63 Control of exolic vcgelnliQn hy herhicide applications In Progress $107,000 56 t ó2t1 n 7R30 Pc I t: Pi ITwn 1;11 Streets and Drainage Vegetation Control City of .JAclnmnvílle Strcets And Drainage Division Vegetation conl1ol in Ditches, SWAles find Ponds I krhici£lf' applicrllion to conlrol weeds, grasses and woody vegelrdion In progress Ihrough St:pt. 2()02 $1 t12,OOO 9()t1-ó:~0- 1 ;\/11 .Idf Beck Duke Energy Electric Transmission Line Clearing Duke Energy Brush control And herbicide treatment of vegetation in Utility Right of Way Vegetation Management to control growth of trees/shrubs from reaching powerJines Completed December 2001 $600,000 704-382-98ó4 Lee PArdue Vegetation Control Cmgill Fertilizer, 88]3 Highway 4] South, Riverview, FL 33569 Control of nuisance And unwanted weeds, shrubs and vines unwanted weeds and vegetation Contract in progress from Nov. 200 I 20,000 AnnuAlly 813-671-61S1 ,John Redus ITEM NO.: Ui'HGE l RJJ 4 \.)OUNTY ATTORNEY DATE RECEIVEDìo05 JUAJ 8 n - AM 10: I 2 FILE NO.: ROUTED TO:V'S _¡:;RtJ ôO cQ-f5 DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: June 6, 2005 To: Robert Zachary Assistant County Attorney From: ij) Brenda Brilhart Purchasing Agent 239/774-8446 Re: Contract #05-3754 "Jack & Bore and Directional Bore Operations" Contractor: American Boring & Trenching, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on February 22, 2005 Agenda Item: 16.BA This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C-C- ~ 6-1-ò'5 -~_._-_._,.. _~.....u,,>......,,__"~ . 1684 Memorandum DATE: June 6, 2005 DATE RECEIVED JUN ... 7 2004 RISK MANAGEMENT TO: Sheree Mediavilla, Senior Analyst Risk Management Department FROM~ Brenda Brilhart Purchasing Agent RE: Review ofInsurance for: 05-3754 "Jack & Bore and Directional Bore Operations" Contractor: American Boring & Trenching, Inc. This Contract was approved by the BCC on February 22,2005 Agenda # 16.B.4 Please review the Insurance Certificate in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 8446. cc: Bob Petersen, Transportation/Traffic ops 1684 ., MEMORANDUM Date: June 13, 2005 To: Brenda Brilhart Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #05-3754 "Jack & Bore and Directional Bore Operations" Contractor: American Boring & Trenching, Inc. Enclosed please find three (3) original contracts, as referenced above, (Agenda Item #16B4), approved by the Board of County Commissioners on Tuesday, February 22, 2005. We have kept a copy for the official public record and have also provided the Finance Department with a copy. If you should have any questions, please contact me at 774-8406. Thank you. Enclosures (3) 1684 AGREEMENT THIS AGREEMENT, made and entered into on this 22th day of February 2005, by and between American Boring & Trenching, Inc., authorized to do business in the State of Florida, whose business address is: 6560 Pangola Road, Fort Myers, Florida 33905, hereinafter called the nContractor'l and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the nCountyll: WIT N E SSE T H: 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on February 22, 2005, and terminating on February 21, 2006. The County may, at its discretion and with the consent of the Contractor, extend the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect 2. STATEMENT OF WORK. The Contractor shall provide all the necessary equipment and personnel to perform Jack & Bore and Directional Bore Operations in accordance with the terms and conditions of the specifications of Bid#05-3754 and the Contractor's proposal hereto attached and made an integral part of this agreement. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). 1684 4 ~ 4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address Mandy Garland, Secretary American Boring & Trenching, Inc. 6560 Pangola Road Fort Myers, Florida 33905 Telephone: 239-693-9900 Facsimile: 239-693-1667 Email: ABT1999@aol.com All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Telephone: 239-774-8407 Facsimile: 239-732-0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, FS., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the u. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal 2 16B4 ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal 3 1684 certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Alternate Transportation Modes/Landscape Maintenance Department. 13. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate and Bid #05-3754 Specifications. 15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 4 1684 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ~~ -Safd'ADI4~ tTypel print witness name American Boring & Trenching, Inc. Contractor By\-jJ \r14 ~~ 19nature C¡~ Secon ltness ~ ()Jl cLy GOJ \ctJ'ì d / ~u ('~ory_ Typed signature and title tÒlÇ;fèf{}1;"'1Ce 51 ¡he ,'''y\ tType/print witness namet CORPORATE SEAL (corporations only) ATTEST; D~~~t~~..-~~~~,,~lerk of Courts ~~ ßy: :. .. .". ", "\'. .:Lu 0 ( o ~ated: "j.,< ... c: .1' . ~.'..".:'.~~.~~.;.¡.'..'1"'·1 '.'~,': íJ...twr't' ~~~~¡ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 1i'~W G ~ Fred . Coyle, Chairm~ Approved as to form and legal sufficiency: Robert Zachary, County Attorney ~ Item# \.[0 ß4 ~~~~da ~rll-OS Date 19 "r~,..tf) Rec'd - - /ç Bid No. 05-3754 - "Jack & Bore and Directional Bore Operations" 16aß4 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 774-8446 FAX (239) 732-0844 www.colliergov.net DATE: December 10, 2004 FROM: Prospective Bidders Brenda Brilharl~) Purchasing AgànV " TO: RE: BID #05-3754 -- "Jack & Bore and Directional Bore Operations" The Board of County Commissioners, Road MaintenancefTransportation Department, desires to receive proposals for the above-referenced services. Please refer to the Public Notice contained in the enclosed proposal package for the time and date of the Opening of this Bid. If you have any immediate questions regarding the specifications or intended work, you may contact Bob Petersen, Project Manager at 239/213-5871 or by email BobPetersen@colliergov.net. If you have procedural questions, you may contact me at 239n74-8446 or bye-mail atBrendaBrilhart@colliergov.net. Information on this bid may also be found on our website www.colliergov.net. We look forward to your participation in this bid process. cc: Bob Petersen, TransfTraffic Ops/ATM NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your proposal pages. Bid No. 05-3754 - Jack & Bore and Directional Bore Operations pjþB4 NON-BIDDER'S RESPONSE BID #05-3754 For purposes of maintaining an accurate bidder's list and facilitating your firm's response to our invitation for bid, we are interested in ascertaining reasons for prospective bidder's failure to respond to invitations for bids. If your firm is not responding to this bid, please indicate the reason(s) by checking an appropriate item (s) listed below and return this form to the Purchasing Department, Collier County Government Center, 3301 East Tamiami Trail, Purchasing Building, Naples, FL 34112. Please indicate "NO BID" on the outside of the envelope. We are not responding to this invitation for bid for the following reason(s): o Items or materials requested not manufactured by us or not available to our company; o Our items or materials do not meet specifications; o Circle one - Specifications were: Not clearly understood, Not applicable, Too vague, Too rigid, Quantities too small, or o Incorrect address used. Please correct: Other reason(s): Name of Firm: Mailing Address: City, State, ZIP: Phone ( FAX ( ) By: Signature of Representative Bid No. 05-3754 - Jack & Bore and Directional Bore Operations page31684 PUBLIC NOTICE Sealed proposals for Jack & Bore and Directional Bore Operations will be received at the Collier County Purchasing Director's Office, 3301 East Tamiami Trail, Purchasing Building, Naples, FL 34112, until 2:30 p.m., Collier County Time on January 13, 2005. BID #05-3754 "Jack & Bore and Directional Bore Operations" Any questions regarding these specifications or intended work may be directed to Bob Petersen, Project Manager at 239/213-5871 or by email BobPetersen@colliergov.net. If you have procedural questions, you may contact Brenda Brilhart at 239/774-8446 or bye-mail atBrendaBrilhart@colliergov.net. All bids shall be made upon the Official Proposal Form attached to the specifications, which may be seen at the Office of the Purchasing Director, and which may be had by bona fide bidders. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ STEVE CARNELL Steve Carnell, CSM Purchasing & General Services Director Publicly posted in the lobby of the Purchasing Building on December 10, 2004. 1684 Bid No. 05-3754 - Jack & Bore and Directional Bore Operations Page 4 GENERAL BIDDING REQUIREMENTS 1, All bids must be made on the proposal form furnished by the County. No bid will be considered unless the proposal form is properly signed. 2. Vendors must provide unit Drices any time unit prices are requested in the units reauested. These unit prices must be proper and balanced so as to allow fair adjustments in quantities as required by the County. All prices will remain firm for a period of ninety (90) days from date of bid opening. 3. Any transportation and/or any other charges incurred in delivering the product as specified must be included in the bid price. FOB destination shall apply unless exception is made in the specifications. 4. Any discounts or terms must be shown on the proposal form, Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than 15 days payment be offered. 5. Proposers taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS". Failure to indicate any exceptions shall be interpreted as the proposers intent to fully comply with the specifications as written. 6. The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and shall be distributed to all parties who received the original bid specifications and are eligible for consideration Drior to the deadline for submission of DroDosals. 7. The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. 8. All bids shall be in the hands of the County Purchasing Director, Collier County Government Complex, Purchasing Building, Naples, FL 34112, by the date and time as stated in the Legal Notice. No late bids can or will be accepted. 9. All bids must be placed in a sealed enveloDe, and plainly marked as follows: (1) The date and time of receipt of the bids by the County Purchasing Director. (2) The number of the bid and the bid title for which the bidder submitting the bid. However, under no circumstances shall any part of, or pertaining directly to the bidder's offer, be exposed on the outside of the bid offer. SDecial Note: All bids sent by courier service must have the bid number and title on the outside of the courier packet. 10. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes. All successful bidders will be provided a copy of Collier County's Certificate of Exemption (#21-07- 01995-53C) upon contract award. Corporations, individuals and other entities are impacted by Chapter 212, Florida Statutes according to the type of service, sale of commodity or other contractual agreement to be made with Collier County. By submittal of a properly executed response to a bid proposal from Collier County, Florida, the bidder is acknowledging that he is aware of his statutory responsibilities for sales tax under Chapter 212. Florida Statutes. Collier County is also exempt from most Federal excise taxes. By submittal of a properly executed response to a bid proposal from Collier County, Florida, the bidder is acknowledging that he is aware of his responsibilities for Federal excise taxes. 11, Tangible personal property purchased by Contractors in the performance of realty construction for the County is taxable, though the County is exempt on its own purchases. 12. In case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have a drug-free workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said certification, the County will give local vendor preference. 13. Permits, Licenses. Taxes: In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government now in force or hereafter adopted. 14. The County reserves the right to accept item or group of items of this bid, unless the bidder qualified his bid by specific limitations. 15. The County reserves the right to award any item or groups of items to more than one vendor on any bid unless otherwise noted in the bid specifications. 16. Altemate bids will not be considered unless authorized by the Invitation for Bids. 17. Bidders on any construction project must be qualified and directly responsible for 30% or more of the Bid amount for said work. 18. Payment will be made by the County within thirty (30) days from receipt and acceptance by the County of Bid No. 03-3754 - Jack & Bore and Directional Bore Operations Page 5 1684 delivery of the bid items or receipt of invoice for same, whichever is received later. 19. Any Contractor who is a recipient of County funds, or who proposes to perform an work or fumish any goods under this bid shall not discriminate against any worker, employee or applicant or any member of the public because of age race, color, sex, religion, national origin, disability or marital status nor otherwise commit an unfair employment practice. 20. For bidders who wish to receive copies of bids after the bid opening, the County reserves the right to recover all costs associated with the printing and distribution of such copies. 21. Any actual or prospective respondent to an Invitation to Bid or Request for Proposal who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director crior to the opening of the Bid or the due date for acceptance of Proposals. All such protests must be filed with the Purchasing Director no later than 11 :00 a.m. Collier County time on the advertised date for the opening of the Bid or the acceptance date for the Request for Proposals. 22. Bid award selection criteria is as follows: a. All questions on the Proposal Page shall be answered as to price(s), time requirements, prompt payment terms [discountsl, required document submissions and acknowledgment of addenda received. b. Award shall be based upon the responses to all questions on the Proposal Page. C. Further consideration will include but not be limited to references, completeness of bid response and past performances on other County bids/projects. d. Prices will be read in public exactly as written on the Proposal Page at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper answer. 23. Award of contract will be made by the Board of County Commissioners in public session. Awards pertaining to the Collier County Airport Authority will generally be made by that agency's approval Board. Award shall be made in a manner consistent with the County's Purchasing Policy. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. 24. All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied...either individually or collectively...about a project for which a firm has submitted a proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to final Board approval, no firm or their agent shall contact any other employee of Collier County with the exception of the Purchasing Director. 25. The Contractor shall employ people to work at County facilities who are neat, clean, well-groomed and courteous. 26, If the bidder should be of the opinion that the meaning of any part of the Bidding Document is doubtful, obscure or contains errors or omissions he should report such opinion to the Purchasing Director before the bid opening date. 27. The County assumes no responsibility for proposals received after the due date and time, or at any office or location other than that specified herein, whether due to mail delays, courier mistakes, mishandling, inclement weather or any other reason. Late proposals shall be retumed unopened, and shall not be considered for award. Bid No. 05-3754 - "Jack & Bore and Directional Bore Operations" lQB4 SPECIFICATIONS These specifications are intended to provide the information by which prospective bidders may understand the requirements of Collier County relative to furnishing labor and material necessary to perform jack and bore and directional bore operations under street rights-of-way for Collier County. It is the desire of the County to award this contract to multiple vendors. Award of bid shall be made to the lowest, qualified and responsive bidder(s) based on total base bid per category. The Collier County Board of County Commissioners shall be the final judging authority as to which unit bid best suits its needs and the interest of Collier County. SCOPE OF WORK I. Jack and Bore Operations: Boring shall be at a minimum depth of thirty-six inches (36"). Casing lengths shall extend beyond roadway edge of pavement a minimum of eight feet (8'). All jack and bore crossings will be a continuous operation at the approved location and depth unless otherwise approved in writing. Any deviation from the above specifications will be sufficient grounds for work stoppage, plugging the incorrect line with concrete and replacement of the line at the proper location. When installed, the casing ends shall be capped, plugged or foam filled to block any debris from contaminating the casing and obstructing its intended use. Steel casing shall have threaded ends for couplers. PVC casing shall be cleaned with a PVC cleaning agent prior to gluing. PVC bonding agent shall be applied to all PVC parts, including slip fittings. PVC class or wall thickness shall be approved by the County. If mechanical boring is utilized, the tip of the drill head shall not precede the end of the pipe by more than two inches (2"). The contractor shall follow all regulations pertaining to DOT, OSHA and recognized good working practices throughout job. II. Directional Bore Operations: Directional bores shall be at the required depth at a distance greater than six feet (6') from the edge of pavement. Cutters/reamers shall be sized such that undue stress shall not be placed on the product being placed and shall not leave any voids in the surrounding natural material. All directional bores shall use a slurry mixture sufficient to fill disturbed ground around the product being placed. Excess slurry on ground or road surfaces shall be cleaned up at the end of each operation or at the end of each day's work. 16B4 Bid No. 05-3754 - "Jack & Bore and Directional Bore Operations" Page 7 Exposed ends of pipe shall be covered or capped. All bores shall be perpendicular to the roadway, unless specified otherwise. All bores shall be a minimum of four feet (4') from any existing utility, both horizontally and vertically. Minimum depth under roadways shall be thirty-six inches (36") to top of product being placed. Directional bore equipment shall be equipped with the ability to provide logs of depths for product placed. SPECIAL It is the desire of Collier County to have the prospective bidders provide a bid for each of the following specification groups by the jack and bore or directional bore methods. Specification #1 1. The County shall provide all the necessary equipment and personnel to perform the excavation and for the lifting of equipment and material at the job site. The County shall also provide the #57 stone used to bed the boring trench. All other labor, material and equipment shall be provided by the contractor. 2. The County shall obtain all the necessary DOT permits. 3. The County shall, after construction, replace any ground disturbed, grade and sod areas as needed. Specification #2 1. The contractor shall provide all the necessary equipment and personnel to complete the job. The #57 stone shall also be provided by the contractor. 2. It shall be the responsibility of the contractor to obtain all necessary permits. 3. After construction and inspection, all ground that was disturbed shall be replaced, graded and sodded as applicable with the intent being a completed job better than the original. 4. Concrete or asphalt removal and restoration costs, if necessary, are reflected in Unit costs. PRICING AND SIZES: Prices for jack and bore operations and directional bore operations shall be based on a per foot rate, including labor, equipment and materials. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807. Copies are available through Risk Management and/or Purchasing Departments. Bid No. 05-3754 - "Jack & Bore and Directional Bore Operations" 1684 Page 8 AWARD: The general criteria that will be used for the evaluation of this bid is set forth in the general bidding requirements along with the responses as stated on the bid proposal pages. It is the desire of the County to award this contract to multiple vendors. Award of bid shall be made to the lowest, qualified and responsive bidder(s) based on total base bid per category. The County reserves the right to award this contract through an approach which best serves the interests of the county; i.e., to a single vendor multiple vendors, or by a primary/secondary vendor basis, or on a category-by- category basis. TERMS OF CONTRACT: This Contract will commence on the date of award by the Board of County Commissioners, and be in effect for one (1) year. CONTRACT RENEWAL: The County retains the right to renew this Contract, with the consent of the vendor, under the same terms and conditions for three (3) additional one (1) year periods. Increases for the renewal periods shall not exceed the Consumer Price Index (CPI) for the previous twelve (12) month period and must be requested in writing by the vendor. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per Specifications, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. NO MINIMUM OR MAXIMUM: The services required by this contract shall include but not be limited to the services described in the Specifications. The County shall order services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this contract. SUBSTITUTE PERFORMANCE: In the event the Contractor fails to perform any required service within the time schedule under the subsequent contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Contract Manager or their designee, in writing, prior to any delays or as a result of an Act of Nature. INTERPRETATION OF SPECIFICATIONS: If the bidder should be of the opinion that the meaning of any part of the Bid Document is uncertain, obscure, or contains errors or omissions, he should report such opinion to the Purchasing Director no less than ten (10) days prior to the bid opening date. Bids which contain any alteration, addition, condition, limitation, unauthorized alternates or show irregularities of any kind may be rejected by the County as non-responsive or irregular. The County reserves the right to waive any irregularities, technicalities or informalities in any bid and reject any or all bids. Bid No. 05-3754 - "Jack & Bore and Directional Bore Operations" lJJB4 INVOICING: The purchase order number must be referenced on each invoice. If this number does not appear or is omitted, invoice will be returned to the vendor by the Accounts Payable Department. Billing problems/concerns should be directed to the Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34412. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Florida. Statutes., otherwise known as the "Florida Prompt Payment Act". PRICING: Pricing shall be inclusive of all costs. Payment shall be full compensation for all services, labor, tools, equipment, travel and any other items required for project completion and/or completion of services. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2003-53, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause ADDITIONAL SERVICES: Additional services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Vendor. SAFETY: All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. CONFLICT OF INTEREST: Proposer shall provide a list of any businesses and/or organizations to whom the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. Bid No. 05-3754 - "Jack & Bore and Directional Bore Operations" J,6B4 THIS SHEET MUST BE SIGNED BY VENDOR Board of County Commissioners Collier County, Florida Purchasing Department BIDDERS CHECK LIST IMP 0 R TAN T: Please read carefully, sign in the spaces indicated and return with your bid proposal. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If reauired, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center General Services Building 3301 East Tamiami Trail Naples, Florida 34112 10. The mailing envelope must be sealed and marked with: · Bid Number · Bid Title · Opening Date 11. The bid will be mailed or delivered in time to be received no later than the specified openina date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name Signature & Title Date Bid No. 05-3754 - "Jack & Bore and Directional Bore Operations" 10684 CONTRACT PROPOSAL FROM: DUE: January 13. 2005 at 2:30 p.m. Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: BID No. 05-3754 - "Jack & Bore and Directional Bore Operations" Dear Commissioners: The undersigned, as bidder, hereby declares that he has examined the specifications and informed himself fully in regard to all conditions pertaining to the work to be done for Jack & Bore and Directional Bore Operations as per the attached specifications. The Bidder further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies submitting a Bid or Proposal; and it is all respects fair and in good faith, without collusion or fraud. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the County to furnish work in full, in complete accordance with the attached specifications, according to the following unit prices: I. SPECIFICATION #1 for Jack & Bore Operations A. Steel Casing Category: Casing O.D. 4" 6" 8" 12" 14" 16" 24" 30" 36" 42" 48" Thickness 114" 1Ii' 114" 114" 9/32" 9/32" 11/32" 15/32" 17/32" 9116" 9/16" $ $ $ $ $ $ $ $ $ $ $ 1ft. 1ft. 1ft. 1ft. 1ft. 1ft. 1ft. 1ft. 1ft. 1ft. 1ft. TOTAL Spec #1 Steel Casing $ Proposal continued on next page.... Bid No. 05-3754 - "Jack & Bore and Directional Bore Operations" PROPOSAL CONTINUED B. PVC Casina Cateaorv: Casina O.D. Thickness 4" Schedule 40 $ 1ft. 6" Schedule 40 $ 1ft. 8" Schedule 40 $ 1ft. 12" Class 200 $ 1ft. 14" Class 200 $ 1ft. 16" Class 200 $ 1ft. 24" Class 200 $ 1ft. 30" Class 200 $ 1ft. 36" Class 200 $ 1ft. 42" Class 200 $ 1ft. 48" Class 200 $ 1ft. TOTAL Spec #1 PVC Casing $ II. SPECIFICATION #2 for Jack & Bore Operations A. Steel Casina Cateaorv: Casina O.D. Th ickness Steel Casina 4" Yi' . $ 1ft. 6" Y4" . $ 1ft. 8" Y4" $ 1ft. 12" Y4" $ 1ft. 14" 9/32" $ 1ft. 16" 9/32" $ 1ft. 24" 11/32" $ 1ft. 30" 15/32" $ 1ft. 36" 17/32" $ 1ft. 42" 9/16" $ 1ft. 48" 9/16" $ 1ft. TOTAL Spec #2 Steel Casing $ Proposal continued on next page.... pag~46 B 4 Bid No. 05-3754 - "Jack & Bore and Directional Bore Operations" J,é B 4 PROPOSAL CONTINUED B. PVC Casing Category: Casing O.D. 4" 6" 8" 12" 14" 16" 24" 30" 36" 42" 48" Thickness Schedule 40 Schedule 40 Schedule 40 Class 200 Class 200 Class 200 Class 200 Class 200 Class 200 Class 200 Class 200 $ $ $ $ $ $ $ $ $ $ $ 1ft. 1ft. 1ft. 1ft. 1ft. 1ft. 1ft. 1ft. 1ft. 1ft. 1ft. TOTAL Spec #2 PVC Casing $ II. DIRECTIONAL BORE OPERATIONS PVC Casing O.D. (Schedule 40) Category: Specification #1 Specification #2 2" $ 1ft. $ 1ft. 4" $ 1ft. $ 1ft. 6" $ 1ft. $ 1ft. 8" $ 1ft. $ 1ft. TOTAL Directional PVC $ $ Polvpipe Casing O.D. Specification #1 Specification #2 2" $ 1ft. $ 1ft. 4" $ 1ft. $ 1ft. 6" $ 1ft. $ 1ft. 8" $ 1ft. $ 1ft. TOTAL Directional Polypipe $ $ Proposal continued on next page.... Bid No. 05-3754 - "Jack & Bore and Directional Bore Operations" paJ66 B 4 PROPOSAL CONTINUED Any discounts or terms must be shown on the Proposal Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Net ~ Days Addenda received (if applicable): #1 #2 #3 The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of the Contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days, will result in damages to the County. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this , 2005 in the County of , in the State of day of Firm's Complete Legal Name Check one of the following: o Sole Proprietorship o Corporation or P.A. State of o Limited Partnership o General Partnership Phone No. FAX No. Address City, State, ZIP BY: Typed and Written Signature Title NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your proposal pages. Bid No. 05-3754 - "Jack & Bore and Directional Bore Operations" JJ:>B4 THIS SHEET MUST BE SIGNED BY VENDOR Board of County Commissioners Collier County, Florida Purchasing Department BIDDERS CHECK LIST IMP 0 R TAN T: Please read carefully, sign in the spaces indicated and return with your bid proposal. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If reauired, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center General Services Building 3301 East Tamiami Trail Naples, Florida 34112 10. The mailing envelope must be sealed and marked with: · Bid Number · Bid Title · Opening Date 11. The bid will be mailed or delivered in time to be received no later than the specified oDenine date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. ArY>erìrn.n ~'rÎfì3 -\\('e{)ch "5 \nC Company Name 0\, \~-c5 Date Bid No. 05-3754 - "Jack & Bore and Directional Bore Operations" t~3B 4 CONTRACT PROPOSAL FROM: .AmEYí (CWî ßJ{"\r::J't l' re nchJ~C . DUE: January 13. 2005 at 2:30 p.m. Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: BID No. 05-3754 - "Jack & Bore and Directional Bore Operations" Dear Commissioners: The undersigned, as bidder, hereby declares that he has examined the specifications and informed himself fully in regard to all conditions pertaining to the work to be done for Jack & Bore and Directional Bore Operations as per the attached specifications. The Bidder further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies submitting a Bid or Proposal; and it is all respects fair and in good faith, without collusion or fraud. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the County to furnish work in full, in complete accordance with the attached specifications, according to the following unit prices: I. SPECIFICATION #1 for Jack & Bore Operations A. Steel Casing Category: Casing O.D. 4" 6" 8" 12" 14" 16" 24" 30" 36" 42" 48" Thickness V4" Vi' Vi' Vi' 9/32" 9/32" 11/32" 15/32" 17/32" 9116" 9/16" $ $ $ $ $ $ $ $ $ $ $ $ N/A 1ft. 1ft. 1ft. 1ft. 1ft. 1ft. 1ft. 1ft. 1ft. 1ft. 1ft. TOTAL Spec #1 Steel Casing Proposal continued on next page.... Bid No. 05-3754 - "Jack & Bore and Directional Bore Operations" PROPOSAL CONTINUED B. PVC Casing Cateaorv: Casing O.D. Thickness 4" Schedule 40 $ 1ft. 6" Schedule 40 $ 1ft. 8n Schedule 40 $ 1ft. 12" Class 200 $ 1ft. 14" Class 200 $ 1ft. 16" Class 200 $ 1ft. 24" Class 200 $ 1ft. 30" Class 200 $ 1ft. 36" Class 200 $ 1ft. 42" Class 200 $ 1ft. 48" Class 200 $ 1ft. TOTAL Spec #1 PVC Casing $_bJJA II. SPECIFICATION #2 for Jack & Bore Operations A. Steel Casina Cateaorv: Casing O.D. Thickness Steel Casing 4" Vi' $ 1ft. 6" V.." $ 1ft. 8" Vi' $ 1ft. 12" Vol" $ 1ft. 14" 9/32" $ 1ft. 16" 9/32" $ 1ft. 24" 11/32" $ 1ft. 30" 15/32" $ 1ft. 36" 17/32" $ 1ft. 42" 9/16" $ 1ft. 48" 9/16" $ 1ft. TOTAL Spec #2 Steel Casing $_N I A Proposal continued on next page.... pl6>B4 Bid No. 05-3754 - "Jack & Bore and Directional Bore Operations" L6B4 PROPOSAL CONTINUED B. PVC Casina Cateaory: Casing O.D. 4" 6" 8" 12" 14" 16" 24" 30" 36" 42" 48" Thickness Schedule 40 Schedule 40 Schedule 40 Class 200 Class 200 Class 200 Class 200 Class 200 Class 200 Class 200 Class 200 $ $ $ $ $ $ $ $ $ $ $ 1ft. 1ft. 1ft. 1ft. 1ft. 1ft. 1ft. 1ft. 1ft. 1ft. 1ft. TOTAL Spec #2 PVC Casing $.-N I A II. DIRECTIONAL BORE OPERATIONS PVC Casing 0.0. (Schedule 40) Cateaory: Specification #1 Specification #2 $ \ \ .óò 1ft. $ l 'f> öe- 1ft. $ ~S.~o 1ft. $ ~2",cc> 1ft. $ 'ìð . (Xì Specification #2 $ \t 'ÖC' 1ft. $ \(;, So 1ft. $ ~ 7100 1ft. $ lj c: , OD 1ft. $ 9.:./.. So. 2" $-9"ìS 1ft. 4" $-' S.~· 1ft. 6" $ 'a~. So 1ft. 8" $ 3 SbðO 1ft. TOTAL Directional PVC $ 8~ .. ;?.; Polypipe Casing O.D. Specification #1 2" $ 9.. 7 c.; 1ft. 4" $_~S.,8ð 1ft. 6" $ a S" S~ 1ft. 8" $ ~9'. ðC 1ft. TOTAL Directional Polypipe $ c¡ (], ðS Proposal continued on next page.... Bid No. 05-3754 - "Jack & Bore and Directional Bore Operations" 1684 Page 16 PROPOSAL CONTINUED Any discounts or terms must be shown on the Proposal Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % I ð Days; Net -ªº- Days Addenda received (if applicable): #1 #2 #3 The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of the Contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days, will result in damages to the County. '"7 J WITNESS WHEREOF, WE have hereuQlo _ subscribed our names on 1L~0 day of . Cl/VVU-~2005 in the County of ~ , in the state, of . . /._ .. 7 , f)~)1. A-meri Ca'^-- þovI ¿-d Trcl1cfll"!:!J ~ o. HuÑr '/.-.fU/Z0C: Firm's Complete Legal Name :.::;;J/h c- Notary Public, State of Florida My comm. expo July 25, 2008 Comm. No. DO 337049 Check one of the following: o Sole Proprietorship Dr Corporation or P.A. State of ¡::\~.:.Jt.\-. o Limited Partnership o General Partnership Phone No. c2.3Q-loQ 3 -o¡q DO FAX No. ;J3CJ -1r:Ft3 - ¡loto" 05(00 PD..r13õ!cÀ. Rd. Address ::, S~1 ~ I '=+P. ,::>"3 '1D';) BY: ~qa.rlw.d ~ndLj~ Typed arid Wntten Signature nléJu~¿r NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your proposal pages. ACORD.. CERTIFICATE OF LIABILITY INSURANCE PRQOU~'R (ì39)939-1996 FAX (239)275-0276 Herndon Mahoney & Company 10501 Six Mile Cypress Pkwy Suite 101 Fort Myers, Fl 33912 THIS CERTIFICATE IS ISSUED AS A MATTER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DATE: 06/08/05 TIME: 09:01 AM TO: County of County C~Bsio @ 114-8048 INSURED INSURERS AFFORDING COVERAGE INSURER A Ohio Casualty Insurance INSURER B FCCI Insurance Co. Co. NAlC# 24074 American Boring & Trenching, Inc. 6560 pangola Drive Fort Myers, FL 33905 INSURER C INSURER D INSURER E· --.- THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01W1THSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 'MilCH THIS CERTIFICATE MAY 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 I~: ~~ TYPE OF INSURANCE POliCY NUMBER POLICY EFFECTII/E POLICY EXPIRATION LIMITS ~NERAL LIABlLIiY BlO(05) 53040788 12/20/2004 12/20/2005 EACH OCCURRENCE $ 1 , 000, ()()( ,X COMMERCIAL GENERAL LIABILITY êJAMAGt 0 RENTED $ 100,00< ~tJ CLAIMS MADE ~ OCCUR MED EXP (Arr; one person) $ 10, )0( A X ~ Contractual liab PERSONAL & ADV INJURY $ 1,000, )()( ~ GENERAL AGGREGATE $ 2,000, )()(J ~ GEN'l AGGREGA 1E LI>1IT APPLIES PER PRODUCTS~COMP~PAGG $ 2,000,000 n POLeY n jt'8i n LOC AUTOMOBILE LIABILIiY BAO(05) 53040788 12/20/2004 12/20/2005 COMBINED SINGLE LIMIT - $ X ANY AUTO (Ea aCCident) 1,000,000 - ALL OWNED AUTOS BODIL Y INJJRY - $ SCHEDULED AUTOS (Pel person) A X - X fiRED AUTOS BODILYINJJRY 'X r<CJN.OWNED AUTOS (Pel aCCIdent) $ - - ; PROPERTY DAMAGE (Pel accIdent) $ GARAGE LIABLIiY AU10 ONL Y ~ EA ACCIDENT $ H. /Wi AU10 OTHER THAN EA ACC $ ! I AU10 ONLY AGG $ EXCESSlUMBRELLA LIABILITY BXO(05) 53040788 12/20/2004 12/20/2005 EACH OCCLf!RENCE $ 2,000, OOCJ m OCCUR 0 CLAIMS MADE AGGREGATE $ 2, 000 ,OOij A X $ ~ DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COWENSATION AND 952078 03/26/2005 03/26/2006 X I WC STATU- I IOT~ EMPLOYERS'LIABILIiY TORY LIMITS ER B AW PROPRIE10RPARTNERlEXECUTlVE E L EACH ACCIDENT $ 1, 000,-000 i OFFICER.MEMBER EXCLLOED? E L DISEASE· EA EMPLOYEE 1,000,000 ~þeit?:èc;~g~r:c;NS below $ E L. DISEASE· POLK::Y LIMIT $ 1,000,OOC:: OTHER DESCRIf'TION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ACOED BY ENDORSEMENT I SPECIAL PROI/ISIONS olller County Board of County Commissioners is Additional Insured with regard to General Liability ~id #05-3754, jack & bore and directional bore operations --- Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Fl 34112 SHOULD A/of'( OF THE ABOVE DESCRIBED POlICES BE CANCB.LED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CER1IFlCATE HOlDER NAMED TO THE LEFT, BUT FAL~E TO MAIL SUCH NOTICE SHALL M'OSE NO OBLIGATION OR LIABILIiY OF A/of'( KIND UPON THE ....SURER, ITS AGENTS OR REPRESENTATI\IES. AUTHORIZED REPRESENTATIVE íb.vf w.!þ- Reed Herndon PIPER ACORD 25 (2001/08) FAX: (239) 774-8048 ACORD CORPORATION 1988 DATE: 06/08/05 TIME: 09:01 AM TO: County of County CO~BBio @ 114-8048 PAGE: 002-002 1····· g4' IMPORT ANT If the certificate holder is an ADDITIONAL INSURED, the policy(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 policies 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 (2001108) PRODUCER (239)939-1996 Herndon Mahoney & Company 10501 Six Mile Cypress Pkwy Suite 101 Fort Myers, FL 33912 INSURED FAX (239)275-0276 DATE (MMIDDIYYYY) 01/13/2005 THIS CERTIFICATE IS ISSUED AS A MA TIER OF NFORMA TION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ACORD TM CERTIFICATE OF LIABILITY INSURANCE American Boring & Trenching, Inc. 6560 Pangola Drive Fort Myers, FL 33905 COVERAGES INSURER A: Ohio Casualty Insurance Co. INSURERB: Commerce & Industry Ins. Co. INSURER C: INSURER D: INSURER E: NAIC# 24074 INSURERS AFFORDING COVERAGE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 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. TYPE OF INSURANCE POLICY NUMBER POI 'DATÈ (~M~ LIMITS LTR NSR[ DATE '(MMIDDlYÝï GENERAL LIABILITY BLO(05) 53040788 12/20/2004 12/20/2005 EACH OCCURRENCE $ 1,000,000 - X COMMERCIAL GENERAL LIABILITY ~~~~~~ lEa occurence\ $ 100,000 1 CLAIMS MADE ŒJ OCCUR MED EXP (Anyone person) $ 10,000 A X X Contractual Liab PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - CDMP/OP AGG $ 2,000,000 h 'nPRO- n POLICY JECT LOC AUTOMOBILE LIABILITY BAO(05) 53040788 12/20/2004 12/20/2005 COMBINED SINGLE LIMIT T ANY AUTO (Ea accident) $ - 500,000 ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) A X - HIRED AUTOS BODILY INJURY - $ NON-OWNED AUTOS (Per accident) - I-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY BXO(05) 53040788 12/20/2004 12/20/2005 EACH OCCURRENCE $ 2,000,000 ~ OCCUR o CLAIMS MADE AGGREGATE $ 2,000,000 A X $ I;l DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND WC1744791 03/26/2004 03/26/2005 I WI.; ;)IA!.\:!.: I lu~t EMPLOYERS' LIABILITY TORY LIMITS ER B ANY PROPRIETORlPARTNER/EXECUTIVE E.L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000 SPECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT' SPECIAL PROVISIONS ollier County Board of County Commissioners is Additional Insured with regard to General Liability CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL --30...- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Reed Herndon/PIPER /2w1 u- /f-t- ACORD 25 (2001/08) ©ACORD CORPORATION 198; 1684 Bid No. 05-3754 - "Jack & Bore and Directional Bore Operations" Page 10 Collier County Florida Insurance Requirements INSURANCE TYPE REQUIRED LIMITS ~ 1. Workers' Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. Policy must include Employers Liability with a limit of $1,000,000 each accident ~ 2. Commercial General Liability (Occurrence Form) patterned after the current 1.5.0. form with no limiting endorsements. Bodilv InjuN & Property Damaae $1.000,000 Single Limit Per Occurrence ~ 3. Indemnification: The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by an employee of the named ContractorNendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The ContractorNendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack of, sufficient insurance protection. The first One Hundred Dollars ($100.00) or money received on the contract price is considered as payment of this obligation by the County. ~ 4. Automobile Liability $1.000,000 Each Occurrence Owned/Non-owned/Hired Automobile Included N/A 5. Other Insurance as indicated below: a) Professional Liability $-0- b) Builder's Risk $-0- .....,._-~_.- Bid No. 05-3754 - "Jack & Bore and Directional Bore Operations" lQB4 Collier County Florida Insurance Requirements (Continued) ~ 6. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same contractor shall provide the County with certificates of insurance meeting the required insurance provisions. ~ 7. Collier county must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. ~ 8. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE: The "Certificate Hòlder" should read as follows: Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 ~ 9. Thirty (30) Days Cancellation Notice is required. ~ 10. The Certificate must state the Bid Number and Title. BIDDER'S AND INSURANCE AGENT STATEMENT: We understand the insurance requirements contained in these specifications, and that the evidence of said insurance may be required within five (5) business days of the award of bid. 1-1I:.I=INOO\ll MAHONEY & COMPAN~ 10501 BEN C PRA1i'SIX MILE CYPRESS SUITE 101 FORT MYERS, FLORIDA33912 Americeuî bcx 'Irs -;\"íe()dì\~, \I'C. Bidder t tklCULCl "~(1'nr11 i Sign ture of ~dder (];;;7J ~ Signature of Bidder's Agent PIPER D. HUNT UCENSr: :ff.la26101 PHONE (239) 9:;¡9~1996 _. ..____~_-,~_.__~__h'_~__· MEMORANDUM Date: February 24, 2005 To: Robert Bosch Right-of- Way Acquisition Specialist Transportation Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Purchase Agreement for the conveyance of right-of-way, between Collier County and Wing South, Inc. Please find enclosed one (1) copy of the document as referenced above, (Agenda Item #16B5), as approved by the Board of County Commissioners on February 22, 2005. The original is being retained for public record. If you should have any questions, please call me at 774-8406. Thank you. Enclosure 16 85 16 85 PROJECT: Rattlesnake Hammock Road PARCELS No.: 114,714, 714-A, 115,715 & 815 FOLIOS No.: 82941520007 (as reference) and 00425960000 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this 2 ;:rd. day of r i::di~ (..i.,{i.t..V , 2005, by and between WING SOUTH, INC., a not for profit Florida corporation, whose mailing address is 3952 Skyway Drive, Naples, Florida 34112 (hereinafter ref~rred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Owner is the condominium association for that certain condominium known as Wing South Airpark Private Villas, a Condominium (hereinafter referred to as "the Condominium") according to the Declaration of Condominium, recorded in OR Book 476, Pages 304 et seq., and as amended and restated by Certificate of Amendment, recorded in OR Book 2042, Pages 768 et seq., Public Records of Collier County, Florida; and WHEREAS, Purchaser has requested that Owner convey to the Purchaser a) a Perpetual Non-Exclusive Road Right-of-Way, Drainage and Utility Easement over, under, upon and across the lands described in Exhibit "A", b) a Temporary Driveway Restoration Easement over, under, upon and across the lands described in Exhibit "B", c) a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "C", d) a Fee Simple Interest over, under, upon and across the lands described in Exhibit "D", e) a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "E", and f) a Perpetual Non-Exclusive Drainage Easement over, under, upon and across the lands described in Exhibit "F", all of which are attached hereto and made a part of this Agreement (which premises referred to in Exhibits "A" to "F" inclusive are hereinafter collectively referred to as the "Property"); and WHEREAS, in compliance with Section 9.10 (A) of foresaid Amended. .and Restated Declaration of Condominium, the affirmative vote of three-fourths (3/4ths) of the unit owners of the Condominium has been obtained in favor of conveying the Property to Purchaser, subject to the terms and conditions more fully set out herein; and WHEREAS, partly in lieu of compensation, Purchaser has agreed to construct new entry wall features and signage for Owner at the southern end of Skyway Drive, as generally depicted in Exhibit "G", attached hereto and made a part of this Agreement (hereinafter referred to as the "Construction Works"), with no obligation or responsibility. for maintenance; and WHEREAS, in recognition of the mutual benefits to be obtained, Owner desires to convey the Property to Purchaser for the stated purposes, and Purchaser has agreed to compensate Owner for conveyance of the Property, and desires to carry out the Construction Works, on the terms and conditions set forth herein. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 16 85 Page 2 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner agrees to grant the Temporary Construction Easements for the purpose of constructing public facilities adjacent to and carrying out the Contract Works in this area. The Temporary Construction Easements shall commence upon their recording in the Public Records of Collier County, Florida, and shall expire on December 31, 2008. 3. Owner agrees to grant the Temporary Driveway Restoration Easement for the purpose of filling, grading and placing concrete, asphalt or rock, on the Grantor's lands for the purpose(s) of constructing, with materials of like kind, a driveway/turnout and/or to provide for continuous transition between the existing driveway and the newly constructed road, sidewalk, and drainage improvements to Rattlesnake Hammock Road. This Temporary Driveway Restoration Easement shall commence upon its recording in the Public Records of Collier County, Florida and shall expire on December 31, 2008. Said construction shall be at County's expense and in accordance with County's standards. 4. Owner agrees to grant the Perpetual, Non-Exclusive Road Right-of-Way, Drainage and Utility Easement for the purpose of road right-of-way and for the purpose of entering upon and installing and maintaining drainage structures and facilities, and utilities in this area. 5. Owner agrees to grant the Perpetual, Non-Exclusive Drainage Easement for the purpose of entering upon and installing and maintaining drainage structures and facilities in this area. 6. Owner shall convey the Property to Purchaser for the sum of $66,700.00 (Sixty-Six Thousand Seven Hundred Dollars) subject to the apportionment and distribution of proceeds pursuant to paragraph 11 of this Agreement (said transaction is hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, 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. . . 7. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 8. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within forty-five (45) days from. the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver a properly executed Warranty Deed in respect of the fee simple interest and properly executed easement instruments in respect of the, easement interests to be acquired, to Purchaser in a form acceptable to Purchaser. 16 85 Page 3 9. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 10. Owner shall indemnify, defend, save and hold harmless the Purchaser'against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 9. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 11. Purchaser shall pay all fees to record any curative instruments required to clear title, all Warranty Deed and Easement recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 6 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 6. 12. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or regjstered 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.) 13. Purchaser shall carry out the Construction Works at its expense, including design costs, as part of the expansion of Rattlesnake Hammock Road (Collier County Project No. 60169) (hereinafter referred to as "the Project"). The new entry wall features will be constructed on the east and west sides of the entrance to Skyway Drive and will incorporate sign panels. The parties will. coordinate and cooperate with each other and with Shadowood Villas to agree upon the color and design of the entry wall features and sign panels. If the parties do not reach agreement on the color and design of the entry wall features and sign panels by April 30, 2005, then Purchaser shall use its best efforts to match the color and design of the existing entry wall features and sign panels. The entry wall feature on the west side of Skyway Drive will tie into and match the noise abatement wall which Purchaser will be constructing along the Shadowood Villas frontage on Rattlesnake Hammock Road. The entrance signs will be skewed as shown in the plan view attached hereto and construction will be of the post and panel type. A drainage swate will be constructed along the end of the Owner's runway as part of the Project. The 16 85 Page 4 swale will direct flow to the canal at the east edge of the runway. The shoulder of the road will be constructed such that runoff within the road right-of-way will be directed towards the roadway. 14. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 15. 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. 16. 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. 17. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this '2.:,,-1 day of ':¡:'t,,- c.\(}' ,2005. AS TO PURCHASER: DATED: ('j 1 - 'L ~ - '1)) r: ATTEST: DWIGHT E. BROCK, Clerk Il"I'''' ,......; 1,"Çì¡~; J .1]') , <:", . . .. . ". "-: I'¡ , ,,'- (~:.~ .~. '-'. ... I(~. , .', '. '. . - ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA o( . BY: ~W. ~ Fred W. Coyle, Chairman WING SOUTH, INC., a not for profit Florida corporation Witness (Signature) ~ 12~\~ tfJ Mu~ç::~ Name (Print or Type) ~ Wltne (Signature) crc>~ _~ M.l> Q k Name (Print or ype) Approved as to form and legal sufficiency: ~LJ~ Heidi F. Ashton Assistant County Attorney ltem# ~ -- {)..( ,..~ --.. 16 B5 SECTION 16, TOWNSHIP 50 SOU TH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. IH PROPERTY OWNER: WlNq SOUTH AIRPARK - REFERENCE: CONDO~INIUM P.B. 4. PG, 45 STRAP NO.: 502616164.0005816 AREA OF TAKE; 0.052 ACRES AREA OF REMAINDER: X.XX ACRES ;t: SECTION 15. TOWNSHIP 50 SOUTH, RANGE 26 EAST FUTURE DE'v£LOPMENT D.E., M.E. de A.E. NAPLES LAKES COUNTRY CLUB PLAT BOOK JJ, PAGES 7 THRU 15 TBljNAPLES UMITED PARTNERSHIP STRAP I 506900 FD 15B'5 ~ II: ~ Io I- 1tI im~ ~~.,¡ ~i~ ~~~ I §~i I § h ~ Ãm~ ¡~~ bl! ~~; ; w MDT UHC Of SOUnlll£ST QUARÆR SCC1IOH I~. ntf', ~ 5.. RGC. 21 £. N 001ir¡r; w IJJ~J9 CAST LINE: OF swrn£AST OUARTtR OF $OUTH£AST OUAR1U S£cnOH III. TIIP. 50 $,. RG£. 211 C. iÈ ~ Ol- IOI/) ~l5 ~ ~~ ~t5 ::æ: IÒ'< -a:: ~ ¡:: ~ (¡j -.... --.... ............ ........ ....- ............ -.... ........ ....-.... ~u ... =ëaïlem 8:~C)d ;e Q.. Q ~S~~ ~~~' ~ .~ il:~~ PERPe11JAL. NON-EXClUSIVE ROAD RIGHT -oF-MY, DRAINAGE AND UTJLJ1Y EASEMENT I- ~ ~I<'j >-m ~ õ S(iIE"1 :'(Õ~ J.;Q-< ~a:!Q.. -<0 >- ~ ~ Q: ª:f; SSæ i~i P.O.C. - POINT OF COMMENCMENT P.O.ß. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: I···t =.= NOU ... ... HER .,. Ilill RUNDAGB.-. Prot...lonal Inllnl..... plannl"'. II laad 'UMOIJO'" CeIIIow ø....Qilulte .... '.01 ,__ 1nII. KortIol K.~, n. 14111'141)11'-1111 ... o._Qi hlte 1.1. nil .....,. ....... Fen -'-.. n. 'U" 141)11'-1111 _.te 01 ...u.-..... .n. 111 .... _t . 1114 ,.... '41)11"-"" I n I. I II:~ \ 00( OC \"J ;1 ~ I I~ I~ ñ I.. 12 ¥¡~ I f:1~ I :g<cl I it ~ \ 1""1"- C\~~ ...¡ ~ ~ : ¡; : '< [[) :aIR· \ ~ ~ lii¡~ 4!:Q~~ a o + ~ C\ I/) r-T, -1.1 COci I Sir a:: I ~I I ~I J ~.,: I <~ I 10 I 10 10., ~¡¡; I -::I ::~ ~~ Ihl;¡ ~~ ~~ ~~~: ~~ .J E'A _ VI U" I !¡- I . ~ I ~..... I ~--~--- -~ _--- I _ --- -- - -=:1-Z--c:::I SCALE: 1" = 80' f ,i~ ~ i~~ "J'" I ,II !Iolo iii ii d ~ I o.! I ;I~; I ~ " :t:: d ! a:! b ~:1~ 0 ... ........ i~ \,.~ n +'!p:1I2 -~O.ÕÕr- . :c +10.117 5õ.õ¡,r- :?~ I ~ I: -o.! I !ii' 8W I J ai 81 ~~: ~ ~ I. i~ '; ~ b~ I! I~ ~~ :, :1 i~ 11'1 1m .~ ~ ~Io. .. ..0 i 8 of. ~ ~ 18 ~ I ~: Iì¡ ŠQ: ~ l5 ~ioli .. ~ ~ ~g I (j0) bb ~ 8 I ~i ~ .... '-J ~~Ñ ~ 113! ~~~ J,' I>! II! I iÈ ~ ~ ffi~g ~ ;~~ ~ I ~Ñ ° ~-- '< ~~æ 10 ~ I ~~:. ~ iI; ~ ¡;¡ I §::~ i i1 ~1oJ I ~~~ ~ ~~I¡ ~w : §: ~ 8 ~ ~ ~...¡ 0 0 Iou I: I ~ I I 'XHlþlT A, agar-of 2, LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 DESCRIPTION: PARCEL 114- CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION 1/15/04 7/27/04 BY: GEO E . ACKN Y, P.S.M. NO. 5606 SCALE: 1" - 80' OA TE: SEPT. 29. 200.1 DRAWN BY: JAr-¡ PROJECT NO.: 8315 ACAO NO: 8568-5D13 FILE NO: 8668 16 85 SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUN TY, FLORIDA LEGAL DESCRIPTION OF PARCEL 114 ALL THAT PART OF SKYWAY DRIVE ACCORDING TO THE CONDOMINIUM PLAT THEREOF AS RECORDED IN CONDOMINIUM PLAT BOOK 4, PAGE 46, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE SOUTHERLY 17.50 FEET OF SKYWAY DRIVE; CONTAINING 0.040 OF AN ACRE OF LAND MORE OR LESS; EXHIBIT Page -ì A of ¿ PEftPE'AAL. NON-!XClUSIVE ROAD RIGHT-oF-wAY, DRAINAGE AND UTlUTY EASEMENT LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 114 CLIENT: COLLIER COUNTY 1/15/04 7/27/04 1I·'ri ..1. NOIJ - .... ::::: fiBER . & ..... . .. . .1..1. RUNDAGE.DIG. Prot.I.lonal on,lnoon, plannerl, ð; land IUrYoyorl CoW.. 1:0....&71 hit. 100. 7.00 ".......... Trail. HorUa, Hopl... n NIO.1...~.7-.II. to. Co_t7. ....t. 101, "I. B....,. Ilzoat. ,_ 11.1..., n. IUDS "I 117-IIU CuWIoot. o' hllloriaoU.... No.. UI "" ... .. IIU r.,., 141 '''-'101 BY: GEO . HA KNE, . .M. NO. 5606 SCALE: N.T,S. DATE: SEPT. 29. 2003 DRAWN BY: JAN PROJECT NO.: 831 ~ ACAD NO: 8SSB-SQ.U FILE NO: 8668 16 85 SECTION 16, TOWNSHIP 50 SOU TH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 714 PROPERTY OWNER: ~NG SOUTH AIRPARK - REFERENCE: CONDOMINIUM P,B. 4. PG. 46 STRAP NO.: ~1li.QQQ5aI6 SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST FUWR£ D£\ÆLOPM£NT D.£.. M.£. &: A.£. NAPLES LAKES COUNTRY CLUB PLAT 800K JJ, PAGES 7 THRU 15 TSljNAPLES UM/TED PARTN£RSHIP StRAP I 506900 FO 15815 m ! oJ I- ~ æmlj ~~II< ~;~ ia~ b; I I ~ ~ ~~ ~m~ ~ivi {~ bi~ !bi ; ~ II£sr UN£ Of' $OU1HII£.ST QUARn:R SECTION IS, J1IP, SO S., RGE. 24 C. N 001i'ir W JJ:J.J £ASr UHf: Of' SQU1H£ASr QUARn:R Of' SOU1HEAST QUAR7f:R SEC7ION US, J1IP. SO S., RGE. 25 f. ~ ~ QI- lOll¡ o..oc( ~l¡J ~~ ~~ :æ: ~~ ~ ¡:: ~ - -- -- ..................- -............ .......... -...... ......- -...... ............ I- ~ ~"Ì >-01 :!'CIO- :It ~ §~~ <I( ~cilt ~d >- ~ ~ D:: TEMPORARY DRIVEWAY RESTORATION EASEMENT ~~~ sa! ~~~ P.O.C. - POINT OF COMMENCMENT P.O.B. - POINT Of BEGINNING R.O.W. - RIGHT-Of-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: 1111ti°IJ ...-- . .. BBR "Ie II I I..... RUNDAGI._ Prole..ional eDilneen, plaDD8n. " land 'IU'9IIJlln CoIUar Cout¡pa illite 100. "... tUDI&IaI !roll. ~ 1I.p¡.., II. ".11 '''lm'-II11 Lø Ceual,rl hit. tt., 1U1 .,...,. -to ..n Mron, II. .IDt ". 1"-1111 GocUII..t. of ¡..u.-..u.. II... Q ." aM .. .1.. .... IU "1-'" IQ ~! &-.: <~ IQ ¡Eo. ~! ~~ !E~ VI . :c I- o ~ 8 + 00 I') t'oI \ ~~ \ t \ ~i I~ ~~ I· \ ~ ~ Llu ~llg \ m~ I~ ?j Ia: IE ¥:~ ~ :f-Z--c:::I SCALE: 1" = 80' I I I vi \ ~~ I §~ I !~m \ ~ A ~ ~ ! ~ ~ - ~ d n: I ,Í~ ¡~~ ,Ii I lu.............. I~þ~þ~~ ,.~,.;,.; ~bIll8U~ ~I~;;;;; ................ .....,...........-- L ...........- --"'" - ~ (j IQ ~..._ _--- '" -toJ ~~Ie8i ~ ------ ~..r - I:::Š'" ~~~g a~~ ~~~...~ BI~:3 ';3.18 ~o ~1XI~~;1; D:: i iEsa~ ~IXI~ ~I-~~iè ~ ~~~.... ði~~ _tb~ t)~n: i r- ~ ci~ zr~ Q'- ~ (: ~d~ ~,j -r i 11: VI ~r ~ 1 ~ I ii R~: I Ij d I ~ ~ ~~ ~ ~ : ~ a: II i~ I- ~ bW £~ 1III ~~ ~I¡W b III' ~ 1m I ~ Ie> 1n~ t'oI g ~I!s ~n i -Jlr---L-- ~I Q:: I ~ I ~~ i~ I ~i II I oc( ~ 10.. I 8! If .11 w~ 1')1 ;f t'oI¡ If I ~~ ... /~-~- - ~ _--- I ~ --- ~ ci Go! IOIi .. ¡P o..~:S r.: ~ .......00 U'_"'__ '7.Su s....r.e Q::.... ci oc(- ~ a.. J::. " ~ 8 - "- ~ 13 ~ ~ ~~~~:!i~~ l- I/) ~ (j~ ~ ~ ~~ :æ: ~~- oc( Q:: ~~I ~ ffi~~ ~ Q I/) a -J<~ 10 ~It~ !:b ce~.... . .i3j §::~ ~ ~!~ ~ .: C\ d ~ Ç:: {J ~ I EX'1'B1T B, P8g~J .. r of:t I 1/15/04 7/27/04 BY: .... 1n ì:!; E I 1 I ð : Q:: iii I ~ ~ ~ I: I ! ~ I '" +31.00 511.00-- ~ i~ I!s~ ~..¡ ~ I~ LEGAL DESCRIPTION' AND SKETCH SHEET 1. Of 2 DESCRIPTION: PARCEL 714 CLIENT: COLLIER COUNTY TR ORG SCALE: 1"... 80' DRAWN BY: JAN ACAD NO: 8672-5015 A TlON DIVISION KNEY. P.S.M. NO. DATE: OCT. 6. PROJECT NO.: FILE NO: 5606 2003 8315 8672 SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUN TY, FLORIDA LEGAL DESCRIPTION OF PARCEL 714 ALL THAT PART OF THE SOUTH 1/2 OF SOUTHEAST 1/4 OF SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING PART WING SOUTH AIRPARK (SKYWAY DRIVE) PROPERTY LYING NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SKYWAY DRIVE SAID CORNER ALSO BEING THE SOUTHEAST CORNER OF SHADOWOOD VILLAS AS RECORDED IN PLA T BOOK 23, PAGES 86 AND 87 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 89'15'45" EAST ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 20.33 FEET; THENCE LEAVING SAID LINE NORTH 0'44'15" EAST A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE SOUTH 89'15'45" EAST ALONG A LINE 17.50 FEET NOfHHERL Y OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 67.00 FEET; THENCE NORTH 0'44'15" EAST A DISTANCE OF 13.50 FEET; THENCE NORTH 89'15'45" WEST ALONG A LINE 31.00 FEET NORTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 72.31 FEET; THENCE LEAVING SAID LINE SOUTH 20'44'22" EAST A DISTANCE OF 14.51 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 940 SQUARE FEET OF LAND MORE OR LESS; EXHIBIT B Page 2 of "î .:1... JB. TEMPORARY DRIVEWAY ftiSTORATtON EASEMENT ., I LEGAL DESCRIPTION' AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 714- CLIENT: COLLIER COUN Y TR 1/15/04 --·-t !I I NOlJ .=11. . .. DER·ok ..... .11111 RUND.!GB.... Prat...lonal enllneel'l, planner., Ie land --1Or. c..w... o....vo ....Ia 100, noo tOllOlAml "'oiI, lIortl&¡ lIa,J.., lL 141011"1)...,-1111 Loa c....."" ....Ia 111, 1.11 ....*7 lIthot, rO" !(J..... lL 11001 "1)117_1111 Coltl4oala ot 'uUaorillallo. II... LJ ..14 ..... n "M ,u; MI).II-IIOI BY: . HAC NEY, P.S.M. NO. 5606 SCALE: N.T.S. DATE: OCT. 6. 2003 DRAWN BY: JAN PROJECT NO.:-BJ1.5. ACAD NO: 8672-5D15 FILE NO: 8672 16 B SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER CO UN TY, FLORIDA PARCEL NO. 714-A PROPERTY OWNER: v"NG SOUTH AIRPARK REFERENCE: CONDOMINIUM P,B. .. PG. .6 STRAP NO.: 502616164.0005616 AREA OF TAKE: 512 S.f. AREA OF REMAINDER: X.XX S,F. :t SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST FUWRE DEVELOPMENT D.E., M.E. de A.E. NAPLES LAKES COUNTRY CLUB PLAT BOOK JJ, PAGES' 7 THRU 15 TBI!NAPLES UMlTED PARTNERSHIP STRAP' 506900 FD 15815 Gí ~ ~ S~; al.,r b~~ !~; ~bl ~ M ~§ Ii: ¡a~ bl~ h !KST UHE OF soumMEST OUAR7rR S£C1JDN 15, 1\Ift. 50 ~. RGC. 2d E. N 001g'ï? W 13D.JQ EAST UNE OF SOUmEAST QUARTER OF 5ØtJ»I£AST OUAR1£R SECnDN lB. TIIP. 50 5.. RGE. 2/1 E. rË ~ ~ 01- \Ot/) a..;":I; 5:.... VI 10 iC\¡ ~kS ~ ~~ ~ ¡::; (.) ~ -..... .......... -..... ---- -..... ""'.......... -- -.......... -..... o o + CO /'") C\ \ i~ \ I ~i, ~ ~ I~ ~ ,.... \ « \'" 1Io:~ . ~I ~ \ ~b I~ mi 1>< ¥1~ :RIO '\0 10. 1010 +10 Þ;tt I'o/'") C\ .. ~ .. . wð :1:« «en ~~ 111111 \Or¡ &j~ I Sir Ck: I « a.. ~~ "...: ~~ ~ a..i ~ ~df ;p ~ I ~~ ~t I'o Ii I !i- I . iii! I ~~ ----~-~- _-- I --- ~- I- ~ ~~ >-0) ~lC)ô :!èi!Ett') ~~~ "C ~~Q. >- ~ ~ Q:: '" ~~ ~§ Q::;t ~- 10 ~~ ~~ ø~ II!: II) ................ ......,"----- ~~~i oi~ .....-.........................---------. '" ~~~~ ~i~ ¡~~,! ~i~~ g~~ ~g~~~ 010 <0(1- QI-"C""- ~~, i)i-.c¡f1 _~~ §:5Q.II)~ §~~ ~~ ~- ~ 0 ~~d~ ~ ~~ II) J: çf" . TEMPORARY CONSTRUCTION EASEMENT ~~t) ~S~ ~I-~ ~-c: 0.: P.O.C. - POINT OF COMMENCMENT p.O.B. - POINT OF BEGINNING R.O.W. .... RIGHT-Of-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: --lit . I NOlJ ... I BBA . III1 RUND£CB.. Prote..IOD.) eDllDeen, plaDnen. " 1aDd '-JOn Galli.. _"" ....te _. "'0 7........ TnII, ~ ........ n. N&OI 1"&5"-1.&1 tø 0._"" hAte lOi, ... .....,. ~ roort. .,.... n. laH& ... IIt-I1U c..wa...te .. .&1&__.. .... &II .... ... . .... r_ t6i 1I-IIOa . :< t ~ '« L_J 114 -t1w ....~:¡¡-r:::I~ ~::i I'" ~r! ~W ~ Q.li 18 ,..: -t..¡¡ -c:C\ ;rcré ;' u ~ ~ i III +JI.OO - - ñ:'5o"'- ::J-Z -<==J SCALf: 1" = 80' ~ i i ; ! '" :at d e¡¿ 8 ~ ~ :g ~ ~ ;1 I§~ i~i I ~I I I .........~ I~~~~ ~8iiái ~I;;~~ +10.417 -,õ:ðõr- - ..,. :; I...¡ ~ .; ~~I ~ ~ :11/ I Q. g' ~i I I u 8; ~t : ~ ~ I~ i~ Ii ~I ~~ I~ 'I ~~ :, !I S~ I; j: 1m II IQ ~ ,$i! ... t=-" I 8 + ~ F::. '" ~ ~ I ~ ~ I t I, I~ ~ I 1 I I ~:;~~~ l- t/) ~ ~ii u~ ~ "Q ~~ ~ ;æ:;æ: ~~Ñ ~ ~~¡ ~~~ ~. ~~H ffi~ª ~ ;~~ ã ~"C&1 0 Q. ç.¡ \0 f;) II;:.~ In ~o(~~ ~ ~~; 10 ..: I!h; ~ "" ~ ~ ~ ¡::; ~üb ~ 11} 1 1 ÈxHIBIT Pa~ L GE R E W. H SCALE: 1" - 80' DRAWN BY: JAN ACAD NO:8672-SD2~ ... ~ ii III ¡j I~ . I!i~ ~.,r iI i~ c. of ?- LEGAL DESCRIPTION AND SKETCH SHEET 1 .of 2 DESCRIPTION: PARCEL 714-A CLIENT: COLLIER COt)NTY TRANSPOR A TlON DIVISION BY: NEY. P.S.M. NO. 5606 DATE:JULY 27. 2004 PROJECT NO.: 831 ~ FILE NO: 8672 16 85 SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 714-A ALL THAT PART OF SKYWAY DRIVE ACCORDING TO THE CONDOMINIUM PLAT THEREOF AS RECORDED IN CONDOMINIUM PLAT BOOK 4, PAGE 46, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SKYWAY DRIVE SAID CORNER LYING ON THE NORTH RIGHT OF WAY UNE OF RATTLESNAKE HAMMOCK ROAD AND ALSO BEING THE SOUTHEASTERLY CORNER OF SHADOWOOD VILLAS; THENCE NORTH 0'44'15" EAST ALONG THE WESTERLY LINE OF SAID SKYWAY DRIVE AND ALONG THE EASTERLY LINE OF SAID SHADOWOOD VILLAS A DISTANCE OF 2.44 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 205.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID WESTERLY AND EASTERLY LINES THROUGH A CENTRAL ANGLE OF 4'12'47" AN ARC DISTANCE OF 15.07 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG THE ARC OF SAID CURVE AND ALONG SAID WESTERLY AND EASTERLY LINES THROUGH A CENTRAL ANGLE OF 8'37'41" AN ARC DISTANCE OF 30.87 FEET; THENCE LEAVING SAID WESTERLY AND EASTERLY LINES SOUTH 89'15'45" EAST A DISTANCE OF 13-46 FEET; THENCE SOUTH 20'44'22" EAST A DISTANCE OF 32.78 FEET; THENCE NORTH 89'15'45" WEST A DISTANCE OF 20.89 FEET TO THE AFOREMENTIONED WESTERLY LINE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 512 SQUARE FEET OF LAND MORE OR LESS; EXHIBIT C Page 2-of ')-. JStr:. ,....__......~~ _ -- TEMPORARY CONSTRUCTtON EASEMENT LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 714"':'A CLIENT: COLLIER COUNTY TR SPOR TlON DIVISION ....~ =111 NOIJ 1··1· I.· I BR " .. .. ...... RUNDAGE._ Prof..slonal enalneen, plannlSl'II, tic land sUl"ftyon Colli_ ea....t.J¡ l1l&I'" 100, 7'" !...a..I 1'rell. .orQa¡ ..,1... "' IUOI INJS'7-IU I .... Cta\J1 l1l&I'" 101, 1111 B-*7 _to r.rt ¥1.... "' ...01 .61 ."'-1111 -..0'" of ...u._u.. .... 111 IIN .... .. "" 'UI .61 11-.'01 ~ EOR E , A~ .?P,S.M. NO. 5606 -...._~- SCALE: N. T.S. DA TE: JULY 27. 200f DRAWN BY: ~AN PROJECT NO.:--ðJ.L'2 ACAD NO: B672-SD~;¡ FILE NO: 8672 BY: TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ~I I \ I~\ ~~Il \ n š : ~ "-J\ ~~ \ ~ ~ 1;; I~ ~ \ ~i \~ ~<C . I I; ~ \ ~ä I P.O.B. , SECTION 76, PARCEL NO. 115 PROPERTY OWNER: WING SOUl1i AIRPARK --- REFERENCE: .Q..!LQª:LEG, 301 STRAP NO,: ~12J64.0005B!6 AREA OF TAKE: 0102 ACR~_ AREA OF REMAINDER: X.XX ACRES i ~ ~ w >- ~ ~G!~ ¡n~ ~a.,¡ ~~~ i~; I ~~~ ~~ i ~ am~ ...~~ ~a.,¡ ~>-~ ~i~ ~~IÒ ~~i ¡ ~ 3-Z --c=:::J SCALE: 1" = 80' SEC1ION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST FUTURE: DE:VELOPME:NT D.E:., M.E. de AE:. NAPLE:S LAKE:S COUNTRY CLUB PLAT BOOK .J.J, PAGES 7 1HRU IS TBI/NAPLE:S LIMITE:D PARTNE:RSHIP STRAP I 506900 fD 15815 WEST LINE OF SDUlHWEST OUAR7ER SEClIOH 15. T1IP. 50 5.. RQ£, 2/1 r. N Offi'I7'WIJJJ.J9 EAST LINE OF SDUJljEAST QUARTER OF SOUTHEAST QUARTrR SEClJON lIS, T'/rP, .50 5., RGE. 26 E. iÈ ::J ~ 01- ll")CI) Q'I( :i:lU 1Jí(Q ~<'I ~~ <: ~~ ~ ~ o ¡;¡ I- ~ :« !Lit<) >-0) ~It)... :It ~ ~Š~ ¡...;cn-< ~~'l. <d >- ~ ~ n:: ....._-...... ......... -'.......- ......... ......... ...... ---... ...... ......... ......... ~~~~ 8: IIÎ t!i ~ ~~Il.g ~ S â'~ ~~~' Šlk!~ (:)il::d~ j'l. I/) '- ......- -~ "''"'..... - ~=i --------/- O~~ ~I- ~~ ~ fP~ 4,<) ~t- r:f FEE SIMPLE INTEREST FOLIO NO. Ql~_5<{loQ('CO Ii ~~ <i' VI 1- ~ ÌG~ ~ ~- .- --- -- -- ...- --- 10 ~~ &~ =iC~ <0 ~iõ ::J~ QU, (1), e"Q. ig I/) 10 C'I ::¡ ..r - :) 5iI ~ ~ ~ '8 ~cnbl~ ~ !:)~ .... -< ~ iõ ...¡Q.:I/)ü; it ~ u, ª~; . B~æ ~ 01-11 ~ ~~! P.O.C. - POINT OF COMMENCMENT P.O.8. = POINT OF BEGINNING R.O.W. == RIGHT-Of-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ...I~ ..: GNOU .1.1 IIIII ROEft· '" ...1.. ...... RUNDAGE,_ ProtllllODal Inllneerl. plannen. de land lurftyon e.lllar c.......,. IluiÞ 100. ?fDD ,......... fraU, lIarUal ".plll, n. IIU"I,uEn-.1I I 14, c:...t1l IIIIÞ 101. IltI IIoD~ lIta:..t. rori '17.... n 1..01 "I a7-tI II C.rWI..t. ., A..U..d..U.. 11,", III at" oa' .. at" r... "I II-liD' co Il)It) <Ò~ II ~:g ~ ¡;; it ~ ~ ~ '" uf Ö ".;" ~1iI ~ ~ ~ ~~ « en íó ~U\ od ~ ~ ~ II~¡~ ~:~~~ o o + f'o. I') C'I ::; +lo.U Sõ.õõr- - g ã I ~ j¡¡ I ~gl i ~ h~!i ~IR od :I,n: II Î-- :11 ::, ;~ ~ ill iE~ 1@lwll U ~ 16-85 ~ '!! l- V') l5 \0 C'I W e" :z 'I( a:: I o I ~ \ ~~ , -.J¡;~ I ~O)~ \ ~-:J;8 cl~1Ò I J:~~ I ~<~ \ Q~1i1 ~~: I ~t'~ \ 8~" d ~w "- 1=", 1 ~... ~ \5~ ~"I ~u! 131(\ 5fi1 \:!\J ~, ~ii! ~~ ~.,¡ j!:1iI ~~ ~ ::J o VI a an 0... 3: If) ~ g ~ ~ ~ o b! ~ i ~ ! i ,ii I\.,~ I~'" I~I ~ ; /1 ~ 8 ïl ~ ,,' I ~:J~ "'... ~~" ~~~ h;~ ~ 18 ~ ~ VI I- CI) ~ ~~ ~ Ii ~~~ ~ Î- ~~~ ~ ~ ~O)~ ~ ~~ l3~g ~ ~~I- ~ i:~ ~:::; ¡ ~~ tj š~ ~ 'ì :~: ~ ;i i~ I d i .. I!sW : ~H~BIT__ D iPag_ l of 2 I - ~ Q: š ~ t " :r: ~ ~ In ~ ~ E . ~ LEGAL DESCRIPTION' AND SKETCH SHEET 1· OF 2 DESCRIPTION: PARCEL 115 CLIENT: COLLIER COUNTY TRANSPORTTlON DIVISION 1/15/04 BY; . HACKNEY, P.S.M. NO. 5606 DA TE: SEPT. 29. 200-l PROJECT NO.: 8315 FiLE NO: 8668 16 B5 SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 115 ALL THAT PART OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH RANGE 26 EAST COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 16; THENCE NORTH 0'19'17" EAST ALONG THE EAST LINE OF SAID SECTION 16 A DISTANCE OF 50.01 FEET TO HIE NORlHERLY RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD AND THE SOUTHEASTERLY CORNER OF A RUNWAY AND TAXI EASEMENT RECORDED IN OFFICIAL. RECORDS BOOK 593 PAGE .301 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE NORTH 89'15' 45" WEST ALONG SAID NORTHERLY LINE AND ALONG THE SOlJTHERL Y LINE OF SAID EASEMENT A DISTANCE OF 255.03 FEET TO THE SOUTHWESTERL Y CORNER OF SAID EASEMENT; THENCE LEAVING SAID NORTHERLY LINE AND SAID SOUTHERLY LINE NORTH 0'44'15" EAST ALONG THE WESTERLY LINE OF SAID EASEMENT A DISTANCE OF 2.43 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 235.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID WESTERLY LINE THROUGH A CENTRAL ANGLE OF 3'40'36" AN ARC DISTANCE OF 15.08 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 89'15'45" EAST ALONG A LINE 17.50 FEET NORTHERLY OF AND PARALLEL WITH THE AFOREMENTIONED RIGHT OF WAY LINE A DISTANCE OF 255.19 FEET 10 AN INTERSECTION WITH THE AFOREMENTIONED EASTERLY LINE OF SAID SECTION 16; THENCE SOUTH 0'19'17" EAST A DISTANCE OF 17.50 FEET TO AN INTERSECTION WITH THE AFORESAID RIGHT OF WAY LINE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.102 OF AN ACRE OF LAND MORE OR LESS; FEE SIMPLE INTEREST :EXHIBIT D Page_ 2- of 2 . . --'~.-._-=:=I ~ FOLIO NO.Q.~i~(?leOÜt'() < LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 . . DESCRIPTION: PARCEL 115 . CLIENT: COLLIER COUNTY TR.!'NSPORTATION DIVISION : ~..~.~~~ BY: 1/15/04 GEORGE W. HlfeKÑEY, P.S.M. NO. 5606 SCALE: N. r:s. DATE: SEPT. 29. 20QJ DRAWN 8Y: JAN PROJECT NO.:-8JU ACAD NO:.ß.dñ~.i FILE NO: 8668 . TI-lIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....~ ·U: NOlJ I¡II. RBER'" 1111 Ilun RUNDAGE,DIC. Pral...IDDal en.lnller., plazm.r., '" land 8urve)'Qr8 COW... CoUD~1I lulu 800, 7.00 tUldUIÚ '1'1"011, "_, Hapl.., n. lUll 114Ir:n-1111 Leo CO....~7' Bun. 101, ..aD VODOI')' Itn." 'on !(Jo.., n. IUDl .41 117-1111 C.rWio... of 4utkon..aUOA Ifal. UI ..., ..4 .. II., '...:1 5141 "I-uoe .. SECTION 16, TOWNSHIP 50 SOU TH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ~II ~ ~~I I ~~I I ~:~:\ 8 !â d; \ ~,.. I I') ~Q I~ Sf:CTION 15, TOWNSHIP 50 SOUTH, RANGf 26 fAST C\ \ ii \~ ~~ I' I i; t.\~ ~ I PARCEL NO. 715 PROPERTY OWNER: YftNG SOUTH AIRPARK REFERENCE: O.R. 593, PG. 301 STRAP NO.: 502616164.0005816 ~ ! w :II ~t~ ~a.,¡ IilI-Ii! b~~ ~~~ ~b~ ~ ~~ I~ !¡; h CON ~ =r-Z-c=I SCALE: 1" = 80' FUTURE DEVE.lOPMENT D.E., M.E. do: A.E. NAPLES LAKES COUNTRY CLUB PLA T BOOK JJ, PAGES 7 7HRU 15 TBljNAPLES LIMITED PARTNERSHIP STRAP I 506900 FD 15815 lIEU UN[ OF SOUIHIlEST OUARJE'R !CC7ION ". nIP. 50 5.. ROE. 28· E- N mil" , II CAST UHf OF SOUTHEAST OUAR1fR OF SOIJIHEAST OUAR7rR SfCßON 1/1, 1WP. 5D 5,. ROC. 28 £. iE' :::> ~ Of- II) V! ~~ ~~ Q~ <: ~~ .... ~ l.5rl ~j >-01 &~ ~~~ ~~ ~~ j5iõ ¡";:Q1~ ~II\....~ ~~~ lî ~Q. >- ~ i~ ~ ~ Ii) ~ If ~~ \--------8 ~ ¡:: o bI -...- ...... ...... ...... -....- ........... ....., ................ '................... ............. ................ ........................ Ìl!í0 <0 ~~lem ~~~g j5 s EI~ ~~~.... ~a:~ IlI:d~ ...... 01"'- .~ ............,- -- ~~~ ...----- ~~: i'i~~ ~ ...........----- ~~i · ~S:ø ~ i....~ ¡ i'i~~ P,D.C. - POINT Of CDMMENCMENT P.O.B. - POINT OF BEGINNING R.O.W. = RIGHT-Of-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: 16 85 I c I ~ \ ß~ I -JiE~ I ~ OlIN \ ~~! O~o I :x: ~ fJ I ~.à': ~ \ ~~~ I ~ t'I~ ¡ ªr ò ¡:J ~IJ ~~ b~ ~.,¡ i5~ ~ 10 ~i. cd II'! 18 ;tl: 1010 ~ ¡:t~~ 1<')/'0. C\ ~ ... .,¡ ~ ~ ~ ,; <l(Q: ;¡III . ~ ~ ~ Ilä¡~ ~:¡~~ +115.85 ISO. 0" 8 + ,..., I<') C\ ; 51 ~ t:i '" 11).,; ~ ~ :::~ !ij tgl'" ~ ~ ~ " "'ti Q.. id _ ~i --- ! ,.......1 I IÎõ :: I I_I' ; il :;II~ li~ i: ~ I! ~I~ J! iW ª )5 hll t!sw' à 1~11!s1!s ~.,¡ I~ ill e~ Im~11 £It ~ ¡ +Y:.1'!.I.-. 87.50' tl" ~e:. il +98.00 - 6õ: ÕÕ,... ~ i ~ I j a: ~ ð Q: ~ ~ ~ to: :r:: il ~ ... Jf I t1~ I ~;:- IIi ! ij ~ l ~ :8 f- V! ~ to ('oj t5 :z <I( 0:: ~ ~ ° II) Q. ~ ¡ ~ ~ ii§ ¡:: ~ ",,,,..,,,,,, il.,l., In 101-- ~iiiii ~ <I:<I:<I::t:C1¡ 1&8515 ;~~U~~ ~~~~:!;~ LEGAL DESCRIPTION ·AND SKETCH SHEET 1, Of 2 DESCRIPll0N: PARCEL 715 CLIENT: COLLIER COUNTY TRANSPORTAll0N DIVISION 11I'1i~~._ Prot...lanal .¡¡¡tn...... pl.IUl..... &I land .\U'ftJQ'" CIIUN c:.....,. 1Idt. lOG. '.0. T...... 'll'aIl. JloriIa¡ 11.,1... JL NUl 1"le''''1I I 1.&. c._..,. hit. 101. I'" ....t&7 1Veat, rort 'b-. no ...01 "I 7-'111 CartUI..ta .f AalUrbalte. aU. 1.1 .... aa4 .. .... r... "1 la-aaoa f- V! ~ ~ ~ (j0l ... W =::,;:) ~ ~~~ ~ ~~§ ~ m~~ ~ -~ ° ~à:~.1I) I ~ .1/) Q.. I A~"" ~ ~::~ i ! ~~~ : ;;¡ I a: ~ I~ I d ~ I!s~ : tHllBIT E gEP. rot. 2 I BY: SCALE: 1 N _ 80' DRAWN BY: JAN ACAD NO: 8672-5D16 2003 8315 8672 16 SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF LC. e. PARCEL 715 ALL THAT PART OF THE SOUTH 1/2 OF SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING PART OF WING SOUTH AIRPARK PROPERTY L YING NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SKYWAY DRIVE SAID CORNER ALSO BEING THE SOUTHEAST CORNER OF SHADOWOOD VILLAS AS RECORDED IN PLAT BOOK 23, PAGES 86 AND 87 PUBLIC RECORDS OF COL.LlER COUNTY, FLORIDA; THENCE SOUTH 89'15'45" EAST ALONG THE NORTHERLY RIGHT OF WA Y LINE OF SAID RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 87.33 FEET; THENCE LEAVING SAID LINE NORTH 0'44'15" EAST A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE NORTH 0'44'15" EAST A DISTANCE OF 13.50 FEET; THENCE NORTH 89'15'45" WEST A DISTANCE OF 5.00 FEET; THENCE NORTH 0'44'15" EAST A DISTANCE OF 16.50 FEET; THENCE SOUTH 89'15'45" EAST A DISTANCE OF 234.88 FEET; THENCE SOUTH 0'19'15" EAST A DISTANCE OF 30.01 FEET; THENCE NORTH 89'15'45" WEST ALONG A LINE 17.50 FEET NORTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 230.44 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.160 OF AN ACRE MORE OR LESS; EXHIBIT E Page", 2 of 2 . .. .--....,.~._= - TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 715 CLIENT: COLLIER COUNTY TRA SPORTA TIO DIVISION 2/6/004- 7 27 04 ····Ii ==:: NOIl .... ¡IIi SER " I..... RUNDAGE... Profe..ional . enllneera, plannera, " land aUl'"ftl)'On CallI'; c.u.t,JI IWM "I, 1..1 'ruol&ml 'h'aIl. Jlu1Ju Wapi... n. 1«1"IN1S"-IUl Lae c._t,JI hiM III, I'" ...417 awHI, rNt IlJan, n. ..1.1 HI 1.,-1111 a...wtaaM ., A..U......U.. lIa.. Jt .... .... D "" r.... au 11-18.1 BY: ED OE W. HACKN , P.S.M. NO. 5606 SCALE: ~.T.S. DATE: OCT. 6. 2003 DRAWN BY: JAN PROJECT NO.: 8315 ACAD NO:B672-SD1ß FILE NO: 8672 SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 COLLIER COUNTY, FLORIDA ~~ I I ~~\ ¡II ¡ \ 8 '~Ii 1 d; \ ~>- I /" ~IG I~ s£cnON IS, TOWNSHIP 50 SOUTH. RANG£ 26 £AST I'o ~A \Þ1 I !¡ : ~ I' Illig ~ \Ii; ... :0: ~i PARCEL NO. 815 PROPERTY OWNER: WING SOUTH 61RPARK REFERENCE: O,R, 593. PO. 301 STRAP NO.: 5026161fH.0005B16 i w 8 ~ ~~~ i~ . ~Qo ~~: !~~ ~~~ ~ W ~ ~~ ¡I~ !I; ~~:!! I~! ~ ~~ ~m~ §~~ « ClQ:!~ íii' ~d I~ )... S ¡ ~ ~ If ~~ ~ -- -- ."..-'" 0 -- 0 J-Z--<==I SCALE: 1" = 80' ~ FuroRE DEVELOPMENT D.E., M.E. & A.E. NAPLES LAKES COUNTRY CLUB PLA T BOOK JJ, PAGES 7 THRU 15 TBI/NAPLES UMITE:D PARTNERSHIP STRAP 1506900 FD 15BI5 IIOT I.JH£ OF souml£ST OUAlneR SECTION ,,, 11IP. 50 Ii. RCE. 2f E. N 00'18'17 W IJJJ.JI EAST LINE Of soumEAST QUAR1ER OF sournCA5T QUAR1ER SECßON lB. TIIf'. 50 5., RGE. 2B E. iÈ ::) fX ~I- V) ~,'":I: ;¡:..... ~~ ~~ ~ ~.~ ~ J:: ~ IJ1 -.............- "" ""- ...................- .......................... ............ ................ .................. ...... ............ .................. Ì\S~fOCO ~....,,~ C1. "cI- ~~l1.g i!: ~ ~~ ~~~.... ~Q:!~ ï~d~ .......... .....,--' ~"""-.....- ~~æ -",,----- ~~~ ði~~ ~ I _ i~·~--- ~ 17.50 ~ i ~ ~. i ; II '"' II I , :.: d I j ~ i I ¡ ~ ï CO I ~ ¡ ~o !O ~ a: cj:;J ~ I :~ - ¡ ~! ~~§ :r t: :t I O)§ ~ : ~ I ffi~i ~ i ~ , ~~~ ~ 11\ ,~ I 'ª~.... ði I~ ~! ~¡~! i I ~Q:! KP:... ~~ d ~ II i~!w: ~ I!I~ ~.., J ~~ EÐ<H~BIT. F b pag..~of '2 FOUND ....... CONCIlf:7E MONUMENT (II/W) P.O.B. It) lò~ii' l::i 8 ~g ~ '- + 0.. r-- co I<) Ì\S ~ C\ It) III :;(8 ::;:~ ~ j ~I ~ ~~ t.:>Q.. j~ (I ~~ ,,~ JI --- co ~ t!: :J :I"'=- - ..... ~ i S co .... !8 "'/'1 ~ ~ ~ n.~ ~ ~~~ ,. ~~~¡;¡:!? t1~ ~ .,.11'11 :::~ I 1:1:81 tt.J I )1 ~I :lli,! g :1'h1 â I I~~ ~ ii' I~I:~II ~ ~ ~~ b~ ~.., ~ ~ i ,: 1010 Š +10 J;;;t I'o~... .., ~ ð ~ ;~ ~ ~ ~ fi~ ~ ~ z cj ~ :!i~ lit lit d ~ a: ~ ~ :s r-: ij '., ~ '" r- III 11\ 16 f EAST I I I~ \ ~~ ¡ !~! I J:~~ I ~~~ \ ~~: : §Š~ \ ~ ~ - f- t/) L:j (0 '" ~ 2 '< a:: ¡Ë ::) fA o It) ~ ~ i ~ ~ § ~ ~it.......~ 1"...1r,"t... ~~~t;~~ 8sisEI:; ~I;;;;;; ~::¡~:J~~~ l- V) ~ PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT ~ "- . i~~ ~ì t FOLIO NO.P~~6qlÍ1iJ.Clm i~; ~ ~ : P.O.C. - POINT OF COMMENCMENT ' P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 1',OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 815 CLIENT: COLLIER COUN TRANSPORTA TlON DIVISION ~:~ ~~ èf 1l11Ji:;:~:._ Pror...lotlal an,lnaar., plannen. I: laDCI .urYtJOn vow... c.ua\1l 11111\0 aaa, '.IG "dOt... 'l'iraIJ. H.rtI>¡ .a,I... I'J. "1.. f"lelf..Ul Laa C.....III 1I1I1t. lal. I'" ....., .....t, ~an "'.... no ...as .U '87-'111 V.rWtDat. .r ¡uUaDmall.. JlD'. UI .... ... D II" r... .U II.-aaoa 2/6/04 BY: SCALE: 1".. 80' DATE: OCT. 7. 2003 DRAWN BY:, JAN, PROJECT NO.: 831!) ACAD NO: 8672-5017 FILE NO: 8672 ,., 16 B·t; ..... SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCr~PTION OF PARCEL 815 ALL THAT PART OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LYING NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R 864) (100' RIGHT OF WAY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 16; THENCE NORTH 0'19'17" WEST ALONG THE EASTERLY LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 50.01 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID RATTLESNAKE HAMMOCK ROAD; THENCE CONTINUE NORTH 0'19'17" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 0'19'17" WEST A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 89'15'45" WEST ALONG A LINE 37.50 FEET NORTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 36.89 FEET; THENCE LEAVING SAID LINE SOUTH 0'19'17" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 89'15'45" EAST ALONG A LINE 17.50 FEET NORTHERLY OF AND PARALLEL TO SAID RIGHT OF WAY A DISTANCE OF 36.89 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 738 SQUARE FEET OF LAND MORE OR LESS; p ~A.ÞeTUAL, NON-EXClUSIVE ORAINAGE EASEMENT EXHIBIT F Page '2 of 2- . .~. ·~r FOLIO NO. ðO.<,Lbì~5il Ó1{{J¿1? - .,:. . ...~ . . .".:."\. THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ····t . .... NOIJ .1 I 11111 R~::À:B,_ Prot...loDal .Dllne.rl, pJaDDerl, .II land Il.IrnJDr. CoWer alWl"" hlw 100, naa ,....... fraU, ImtII¡ Iflplll, tL 141M '''le'''lIl .... a.... ....'" 101, 1111 ....., '~'I', "'It "'.... n. ....1 ... 7-1111 a.:1-... or ,..u..rlaaU.. II... La .... ... II a... r.... 141 '''-Iaaa ,. 'LEGAL DESCRIPTION AND SKETCtrl SHEET 2. OF 2. DESCRIPTION: PARCEL: &15: CLIENT: COLLIER COUNTY TRANSPORTA'TlON DIVISION 2 6/0'" P.S.M. NO. 5606 DA TE: OCT. 7. 2003 PROJECT NO.:-.ð.J15 FILE NO: 8672 BY: G 0 SCALE: N. T. S. DRAWN BY: JAN ACAD NO:6672-SD17 16 .'8.5 I I ~ I I ~ Is.. ~HIBIT G- Q:: ~I I~ are- r of~l ~I ß/ ês a ~I ~ ... ~ &, I C'of a: I I I I I I I I -.J -.J -.J -.J ~ I ~ l- I ß I.r¡ 5:( I Vj l.¿j a \~: I CS ~ --I I I I a I - - ----- I ... I - L_F, ~ I - ~ I I ~I I ~I I ßI l- I I.r¡ ~I 5:( I l.¿j ês I ~I j I .J- r---J - r I _L- a I ------ ......... ... I I ......... ~ I ì I - I I I I I I I , <....'''.".~~...,._-,..,.._...". ...-......._- . ~ ~ ! .......,¡;¡- Z-@!!!I I . "'-..,n. ' ..- i I!o : r- ... --r ,''If, ~.. Î ;! ~ 0 ID to ..,. { "'" œ~1 T ¡' ¡ Ç£'OI 0 ~ , 8 1 ¥ I II,.. ~ ~ ~ ~ I'· I! ~: If I~I ~ I ª a; ~ !! i ~ T I i· I: I! 1 ¡! I ::'... !@ ~ · J 1.G.1, c.- ~. i I b !:! ~ ¡... I lc.- 2 ~ I - _ :: 3W.JU l!. ~ ~ \ 1Ð'!~ ..lr ~ t, ~ i ..._1 ~\~\-J if h IT 'TI ~ !! a:¡ (.--L 7i ",: I! lœj ".p~ ¡~ ~ ~ ! T' ,,~ ; l'iul ';j I~ IT I ¡...., I J , I I t ~'~ ~.. ~ I ~~ ! ,1i -0 ~~!~ í:\ 'II I! :~;¡ '~È!, :la i ~~ i ! I~ In ; ~ :II¡.I¡ !'A : I';: J\~" J ~ ~ I :!I~ : ~:';'! ~ - ·IJ ~ IIJI :/10 i.f; ~I' ~ ,a 11(11 i I! i: I '--, 1 ~ ~1I "',' II' ~ 17, " ª]. ·r ìj,~ : :liI;:' ,~ II~ Ill'JI~ È- "'i. ~ "': ¡ ~ I í ~ .td 0)1 'v'· I I I : Ofl , ~ : ! i : i ¡Jt!I III I!; ;;\ /11· I · . I~ I ; I, I I.r- ~I i : I ii, illN ~ II~! ,: r" r to .. ¡ · / r __~~~J- I I,S.,)I'~D:' I - ¡ ¡ I IIII -- ~~ ~ Á;~~' : i:. ~ ~ '---- IiI ¡ '~-~~ ª ;h¡ ~j\- Jffi:if,l!, ,~~ I I; ~111ì~, '! ~. ~~III ] ~ it- . ,¡¡ ~ '~ 'h,. 'I T I \ '---, B - 1 11'r ~_....., I ~'i..--::~¡"" I~: 'I Ii ·~~I~ n 1-N"'''~P'/ff- lit: ':ä !/; ~:q,...,1 - I=: II:, ,'o'\J ¡I, ° J Ii '5 I 111 l ° ~ 0 'j Ii" ',...... k r I I ')' ~ jft' - r, ¡. . .: I 'I II '. I \ ~ 1 ~-- : "r, -- .' . ,,1, f/'~···~ 1 II I: !. ./, '~ ~ ...: ~ I I'" 1 \ I II i~e I I, ~ o· 1 I I I 8 : \ ¡ I II~ Þ - I <>; '- I 'I I. ,\ ¡ i .Ii. I tit. ° : I /·,a/I ~ ; : ':: 11 ~ ~ ~ ~ I : I: · I ~~" w :,11 9 I ! I fTl r.J .:: ' ) ,1,':'''- ¡ I;¡L.. I: i \!. I ~ \1 I """" ~ol':o d~~~1 II. ~ ! ~ :: II I \ ! ~ \ .' 'il" ·.r I I I I I I ! ' ~ I I lar· ° It _ I I, \ ' 1\ '1 ° I· 1 \ : '. ~ ° I ~ 1 L i !, '\ 'r· .:, .·1 ~I I WI! I 11 I : 811'01 81 ':t. ..,. I") N .. a Ii o 2 ~I , ., ~ ~ ~ ~ w v »0.,. '.". . !~~ '. .. I . ~ -., ..~,- '-"'"~''''''--'--"-'----''''''''-~''' 6 85 0~\ o ~rl\ -(1) :1:0) Xœ Wa.. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI).. 6 86 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #t through #4 as appropriate for additional signatures, dates, and/or information needed. tfthe document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) l. - .._-------- -'"-"'----' '._-'~'---_.. '-~._", -- ------.-- -"--- _. .~ 2. ----------- -- ".._-~". ,.,.--...... _....._-,~. ... 3. - - --~,._.,._'--~_..~---- .._._-.._.._-_..-~- --'----._-,-~ 4. ---..----.----,------- ---.---..--- 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original documenl pending Bee approval. Normally the primary contacl is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after Ihe Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached L\ S.A )-\--e'<"\ðç \ c:.~SOV·,- !). / ~d- oS- COO ('çL\(\~~Ç,)"'- p., Phone Nu.mber c..." d¡S·~S~g I Agenda Item Number Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a [icable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 2. 3. 4. 5. I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05 4 3 ~ - ðO 4-S- \&>B~ I Yes (Initial) N/A (Not A licable) ,14t NA ~ i ~* MEMORANDUM Date: February 24, 2005 To: Lisa Hendrickson Transportation From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Coordination Agreement between Collier County and The David Lawrence Mental Health Center, Inc. Supporting a 5310 Grant Application Enclosed please find one (1) copy of the document referenced above (Agenda Item #16B6), as approved by the Board of County Commissioners on February 22, 2005. The original document is being retained for the public record. If you should have any questions, please feel free to call me at 774-8406. Thank you. Enclosure ,--,-_...._....,"~.__.._,..._.""'"'~,,-----_._---"--- 16 86 16 86 COORDINA TION AGREEMENT BY AND BETWEEN COLLIER COUNTY, AS COMMUNITY TRANSPORT A TION COORDINATOR AND DAVID LA WRENCE MENTAL HEALTH CENTER, INC. WHEREAS, Collier County, in its role as the Community Transportation Coordinator for Collier County (hereinafter referred to as "CTC") has initiated a program to provide community transportation service for social service clients, agencies, and organizations, provided such service complies with Chapter 427, Florida Statutes and Chapters 41-2 and 19-90, Florida Administrative Code, and; WHEREAS, David Lawrence Mental Health Center, Inc., (hereinafter referred to as Agency) is a bonafide not-for-profit private agency operating in Collier County which has submitted an application with the State of Florida Department of Transportation for a Section 5310 Program Grant (hereinafter referred to as "Grant Application"); and WHEREAS, for the purpose of making the Grant Application the Agency has requested that County as Community Transportation Coordinator enter into this Coordination Agreement, which County is willing to do based on the terms and conditions set forth herein. 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 shall be fully incorporated herein and form a substantial part of the basis for this Agreement. 2. The Agency hereby represents to the CTC that all statements set forth in the Grant Application are true and correct and may be relied upon by the CTC in entering into this Agreement. A copy of the Grant Application is attached as Exhibit "A". 3. The Grant Application requests funding for two mid-size, 4 door sedans for the purpose of transporting individuals who have been determined to be disabled by the Social Security Administration throughout all of Collier County, including Everglades City and Immokalee. The Agency represents to the CTC that if the funding is approved, the funding will be utilized solely in the manner set forth in the Grant Application and in accordance with all applicable lawful requirements. 4. The Agency will keep a log for each vehicle detailing all trips made by the vehicles, on a form acceptable to the CTC. The Agency shall provide CTC with a copy of each log on a monthly basis, or within 5 business days following CTC's written request. 5. If the CTC determines that the vehicles are not being fully utilized by the Agency for the purposes set forth in the Grant Application, at CTC's written request Agency shall make the vehicles available to the CTC for the transport of qualified disabled individuals within Collier 16 86 2 County. The CTC shall compensate Agency for such trips according to the Fee Structure set forth in Exhibit "B". Failure by the Agency to substantially abide by this provision shall be considered a material breach of this Agreement. 6. regulations. The Agency shall operate the vehicles in accordance with all applicable laws and Among other requirements, prior to commencing such operation, the Agency will: (a) develop, implement and abide by a System Safety Program Plan (SSPP); (b) obtain and then maintain at all times $1,000,000.00 in liability coverage and $1,000,000.00 in comprehensive coverage for each vehicle; (c) conduct a criminal background screening, pre-employment drug screening, and pre-employment physical for all drivers. The Agency will provide training to include safety, vehicle operations, and passenger sensitivity in accordance with Florida Statutes 427. 7. The Agency will submit an Annual Operating Report, Certifications of Compliance, Federal Transit Administration Drug and Alcohol Reports and quality assurance report to the CTC at each annual anniversary of the date of this Agreement, or within 10 business days following written demand by the CTC. 8. The Agency shall indemnify and hold harmless Collier County, its employees, officers, agents and volunteers from and against any and all claims, actions, damages, fees, fines, penalties, defense costs (including attorneys fees and court costs, whether such fees and costs are incurred in negotiations, collection of attorneys' fees or at the trial level or on appeal), suits or liabilities which may arise out of any actual or alleged negligent act, error, omission, or any default of the Agency (or Agency's officers, employees, agents, volunteers and subcontractors, if any) performance or failure to perform under the terms of this contract. This indemnification and hold harmless agreement shall survive the termination or expiration of this Agreement. 9. This Agreement shall be modified or revoked as is necessary to comply with all relevant existing State or Federal laws, as well as any applicable State or Federal laws enacted after the execution of this Agreement. No changes to this Agreement or the performance contemplated hereunder shall be made unless the same are in writing and signed by both parties hereto or by their successors in interest. This Agreement sets forth all the agreements, terms conditions and understandings, between the parties with respect to the subject matter herein, and there are no agreements, customs, terms, conditions or understandings either oral or written, expressed or implied, between the parties, other than are herein set forth. 10. This Agreement is personal to the Agency. Accordingly, the Agency shall not be allowed in any way to assign, transfer or subcontract any of its rights, duties, and obligations pursuant to the Agreement without the prior written consent of the CTC, which consent may be freely withheld. If approval for assignment is obtained, it shall not release the Agency from any liability or obligation under this Agreement. 11. In the event of a dispute under this Agreement, the parties shall first use the County's Alternative Dispute Resolution Procedure as described in Exhibit "C". Any party to this Agreement shall have the ability to file an action for injunctive relief in the Circuit Court of 136 86 Collier County to enforce the terms of this Agreement, said remedy being cumulative within any and all other remedies available to the parties for enforcement of this Agreement. The rights and obligations of the parties under this Agreement shall be governed by the laws of the State of Florida and the venue for any legal or judicial proceedings in connection with the enforcement or interpretation of this Agreement shall be in Collier County, Florida. 12. An annual review and audit of performance under this Agreement may be performed by the CTC to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, this Agreement may be revoked or unilaterally modified by the CTC. 13. The Agency will promptly notify the CTC whether the Grant Application has been approved, and this Agreement shall become effective on that approval date. This Agreement shall be in effect until such date that the Agency notifies the CTC in writing that it is no longer utilizing the vehicles in the manner set forth in the Grant Application. 14. Any notices, invoices, reports or any other type of documentation required by this Agreement shall be sufficient if sent by the parties postage paid in the United States mail, postage paid to the addresses listed below: Agency's Authorized Representative: Name: David Schimmel Title: CFO Address: 6075 Golden Gate Parkway Naples, FL 34116 Telephone: (239) 354-1425 Fax: (239) 455-6561 CTC's Authorized Representative: Name: Norman Feder Title: Transportation Administrator Address: 2885 S. Horseshoe Drive Naples, FL 34104 Telephone: 239) 774-8192 Fax: (239774-9370 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~; ·~a:;:.J(;Clerk .- ,,-,~,- .. .,..:I"I~~_' -". ..." .'. "." J ...... ',<\; ......;,.-\.....-: By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: ~W. ~ Fred W. Coyle, Chairman D~*(.., d-/~;)./G).:i Item# \~ ~;~;da d' ð d--bS Date a,"\/I~"""" Rec'd 0'1"'"" u:::> 16 B6 4 WITNESSES: DAVID LAWRENCE MENTAL HEALTH CENTER INe. J~¡/~~ By: Print Name: ,Çe vii /.>, 6ft lTF /h,"y~/Þ i,ür~ PnntName: ()\~(\ ',') /), /J C Print Name: Print Title: ST ATE OF FLORIDA COUNTY OF COLLIER '-d.uc The foregoing instrument was. acknowledged before me this. ~ day of . "tt.u{k.Jv~ ' 2005, by ty--I Lfl de. ~ b 't'\ me.L, as Q. t() of David La. enc~ Mental Health Center Inc. ~~he is [.'l! ~rson~ly known to me, or [ ] has produced drIver's lIcense no. ' as lðentificatlOn. ~1\dIHJ~~U p 1YA.1 ARY PUBL '- ' Name: ¡ .t (Type or Prin ) My Commission Expires: (SEAL) ~1\ Kimberly K Mayeu ! ~j My Commission DD1151121 ~ Of,.' Expires June 29. 2006 EXHIBIT A GRANT APPLICATION (to be attached) --~._.,-- 16 B6 5 Ip 86 EXHIBIT B FEE STRUCTURE The CTC has established the compensation schedule, which is included in the Transportation Disadvantaged Service Plan (TDSP). The Collier County Board of County Commissioners has authorized submission of applicable sections of the TDSP to the Florida Commission for the Transportation Disadvantaged. The compensation schedule in the TDSP may be updated on an annual basis with its annual submittal. The Agency will be reimbursed at a rate as follows: 1. Ambulatory Random Trip Ambulatory Group Trip Wheelchair Random Trip Wheelchair Group Trip Stretcher Trip Hourly Rate Out of Area Trip Escort $17.75 $15.00 $27.50 $27.50 $28.50+ 1.50/mile $45.00 Base Rate plus 1.50/mile $5.00 2. Medicaid Billings 1. Copies of all operator Medicaid billings shall be submitted by the Agency to the County weekly. Passenger billing must coincide with the assigned trips. Operators will be paid for only those trips assigned by the CTC. 2. Medicaid will not reimburse for no-shows. 3. There will be a ($_) charge, to be paid by the individual passenger, for each Transportation Disadvantaged (TD) passenger trip within Collier County. The total amount collected for all one-way TD trips shall be retained by the and deducted from the weekly invoice. ((, 86 7 EXHIBIT "C" COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION PROCEDURES 1. INTRODUCTION: Florida law provides that written arbitration agreements are valid, irrevocable and enforceable. Unless otherwise provided for herein, the provisions of Florida Statutes, Chapter 682.01 et seq. shall be controlling. These provisions provide a mechanism to resolve claims or disputes that could potentially lead to litigation in construction contracts. The object is to attempt to settle claims by mutual agreement or to make a good faith effort to settle claims and disputes prior to litigation in court. The methods involve binding arbitration and pre-suit mediation. Arbitration is a quasi-judicial approach in which a dispute is resolved by a trier of fact after presentations by opposing parties. Its purpose is the speedy and economical resolution of disputes. Arbitration is traditionally a less formal process than court litigation. Mediation is a method used to settle disputes using an impartial person who listens to presentation by both sides and facilitates settlement negotiations between the parties. Collier County will utilize the Twentieth Judicial Circuit Court Mediation and Arbitration Program (hereinafter "Court Program"), to facilitate these procedures. 2. 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 amount. 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 all parties. All claims less than $250,000.00 and all non-monetary claims brought pursuant to a construction contract with the county must be submitted to binding arbitration. 3.3 Prior to the institution of any litigation in a circuit court against Collier County, this Dispute Resolution process must be initiated. 3.4 Once the dispute resolution procedure has been initiated, a court of law may not consider the issues involved in the claim(s) until the dispute resolution process has been completed. 3.5 The claim must be a dispute between the County and the prime contractor. 3.6 The claim must be related to issues in dispute, which have been previously submitted in good faith to the County pursuant to this procedure and could not be resolved by negotiation. 3.7 Pendency of a claim or arbitration or mediation of a dispute shall not be a basis for delay of the contractor's performance under the contract. 4. INITIATING DISPUTE RESOLUTION PROCEDURE: 16 86 8 4.1 Either party shall initiate a request for mediation or arbitration within thirty (30) calendar days after a denial ofthe 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 shall be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations. 4.2 Upon request, the County will make available to any party wishing to ITIltlate arbitration or mediation, a procedural package containing the necessary forms. The forms shall include a Notice of Claim, a Request for Negotiation, a Request for Arbitration and a Request for Mediation. The County's Purchasing Department shall have these forms available and they will be included in the County's bid package. 4.3 Either party to the contract may initiate arbitration or mediation of a claim by submitting a Request for Arbitration or a Request for Mediation Claim Form to the Purchasing Department. The initiating party must indicate on the form whether or not they will 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: 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 information be assembled in a tabbed notebook for ease of reference. d. Contract Time analysis if a Release of Liquidated Damages is included in the claim. e. No new or different claim, other than a change in the amount claimed, will be allowed once the time and date for the hearing has been set. f. If the arbitration panel or mediator determines that information known to a person not in attendance at the hearing or the mediation is essential to arriving at its decision or for the fair exercise of the mediation process, he or she may obtain a written affidavit from that person and enter such statement into the record. 5. ADMINISTRATION OF ARBITRATION: 5.1 The respondent shall prepare a rebuttal to the claim and furnish a copy to the party requesting arbitration and to each of the members of the panel so that it is received at least 14 calendar days prior to the date scheduled for the hearing, 5.2 The County shall 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 information 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 will have exchanged all documents relating to the claim during negotiations between them prior to arbitration being initiated. In any event, a full exchange of documents shall be completed no later than 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 -.."'.------ 196 86 testimony of an unavailable witness. 6. INVOLVEMENT OF ATTORNEYS IN AN ARBITRATION HEARING: Counsel or 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 informal and involvement of attorneys, if desired, is expected to be minimal. b. The parties shall have full opportunity to offer such evidence as is relevant and material to the dispute. c. Unnecessary extensive examination or cross-examination or extensive argument of legal points by attorneys representing the parties will not be permitted. The arbitrators may limit examination and argument, as they deem appropriate. 7. CONDUCT OF EVIDENTIARY HEARING IN ARBITRATION: 7.1 The County or court reporter if present shall administer an oath to all persons who are to testify during the hearing. 7.2 Documents will be accepted and identified for the record. 7.3 Distinct and severable parts of a claim may be dealt 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 allowed. 7.5 Reasonable attempts will be made to assure that all relevant evidence necessary to an understanding of the disputed issues and of value in resolving the claim is heard and that each party has the opportunity to adequately rebut all arguments and evidence submitted. The arbitration panel will be the sole judge of the relevance and materiality of evidence offered. 7.6 Conformance to legal rules of evidence shall not be necessary. 7.7 Members of the arbitration panel may ask questions of the parties for the purpose of clarification. 7.8 If substantial new information is submitted during a hearing, which the arbitration panel 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 all 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. "~._----,---,_..__._"._-'--_..._..__.- 16 86 10 8.2 The County shall set a time and date for the mediation within 21 calendar days after receipt of the Request. In scheduling the time allotted for complex claims, consideration will be given to the need for a greater amount of information required in order for the mediator to gain a complete understanding of the issues, and if a party requests additional time, the mediator selected may continue the matter in 7 -calendar day increments. A request for a continuance must be submitted to the mediator no later than 48-hours prior to the 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. 8.5 Each party shall pay its own costs and attorney fees. 8.6 All mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. 8.7 If a party fails to appear at a duly noticed mediation without good cause it shall bear the costs of the mediator, attorneys' fees and other costs. The County or any other public entity required to conduct its business pursuant to Florida Statutes, Chapter 286, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision-making body of the entity. 8.8 A party is deemed to appear if the party or its representative having full authority to settle without further consultation, the party's 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 and the procedures to be followed in the mediation. 8.10 Counsel shall be permitted to communicate privately with their clients. In the discretion of the mediator, mediation may proceed in the absence of counsel. 8.11 The mediator may meet and consult privately with any party or parties or their counsel, if any. 8.12 If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any. 8.13 If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall prepare and distribute to each party a report indicating the lack of an agreement without comment or recommendation. With the consent of the parties, the mediator's report may also identify the outstanding legal issues or other action by any party that, if resolved or completed, would facilitate the possibility of a settlement. 9. COMPENSATION OF THE ARBITRATION PANEL OR MEDIATOR: Arbitrators and Mediators shall be paid at the rate of $150.00 an hour, or the current rate for the Court program. An additional fee of 25% shall be payable to the Court Program for administration of any arbitration, but shall not be assessed for a mediation. The parties shall equally share all costs and shall remit all charges to the Court Program upon the conclusion of the ADR Process. 10. MEMBERSHIP: t6 86 10.1 The Arbitration Panel will consist of one member selected by the County and one member selected by the Contractor, unless the parties agree to utilize the Court Program's arbitrators. The Court Program will select the third member of any panel and the third member will act as Chairman for all panel activities. Any single arbitrator will be selected through the Court Program. 10.2 All mediators and the Chair of any arbitration panel shall appear on the Court Program's list of persons approved to serve as mediators and arbitrators. 10.3 It is desirable that all arbitration panel members have experience with the type of construction involved in this project. 10.4 It is imperative that mediators and arbitration panel members show no partiality to either the Contractor or the County, nor have any conflict of interest. 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 firm selected for the project, in any subcontractor or supplier of the project, nor in other panel members. Each panel member shall provide a statement of no known conflict. b. No arbitrator or mediator shall have had any prior involvement in the project of a nature that could be construed to compromise 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 10.870 through 10.900. e. Rules 1.720(c), (d), and (e) of the Florida Rules of Civil Procedure governing mediation are incorporated herein. 11. MISCELLANEOUS PROVISIONS: Arbitrators and mediators shall be agents and employees of the County for purposes of tort immunity resulting from any actions taken while conducting the hearing[s] or the mediation as long as these procedures are followed. Such status shall not create a conflict of interest. TIME CHART FOR ADR: Within the Following Time Periods Following the Notice of Claim or the Date of the Occurrence Underlying the Claim, Whichever is 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 Filed. "o~·"·~",..~.__,"''''·'··; __"', Il> 86 After a Request for Arbitration or Mediation is Filed: Within 21 days: The Mediation or Arbitration shall be set including the names of the participants and all relevant claim documents forwarded to the Mediator or Arbitrators. No Later Than 14 days prior to date of Mediation: A written rebuttal to any claim must be served on opposing party and Mediator or Arbitrators. No Later Than 48 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 of the Arbitrators or Mediator. Within 14 days of conclusion of Arbitration or Mediation: Written decision must be issued indicating that a certain conclusion has been reached or an impasse entitling claimant to proceed to court litigation. Both parties must undertake all ADR proceedings in good faith. 16B7 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE As of February 1, 2006 "_",-__;""~"",__"_""",,_,",_,,,~_,,,,_,_,_;_>",_,,~_._"'W _, ,_.. ,...,'._ . ...." u','" _ ~_.-,_' .._".._..,..~,..,-- 1688 MEMORANDUM DATE: April 6, 2005 TO: Kelsey Ward Purchasing FROM: Heidi R. Rockhold Minutes and Records RE: Center for Urban Transport Research (CUTR) Park-and-Ride Study Contractor: College of Engineering, University of South Florida Enclosed please find three (3) originals of the document, as referenced above (Agenda Item #16B8), approved by the Board of County Commissioners on February 22, 2005 Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have their copies. If you should have any questions, please contact me at: 732-2646 ext. 7240. Thank you. Enclosures 16B8~ ITEM NO.: DATE RECEIVED: FILE NO.: ROUTED TO: 05 -fRC ·00 IW DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: March 31, 2005 From: Robert Zachary Assistant County Attorney ~ ~ Ward, Contract Administration Manager \< '-P~~~hasing Department, Extension 8949 Administrative Services Division To: Re: Center for Urban Transport Research (CUTR) Park-and-Ride Study Contractor: Center for Urban Transport Research (CUTR) . CºUeg~_ ofE:ngin~~IiJJg ,LJl1iY~I?¡ty-ºf ~ºLJt.bftºrig_ª BACKGROUND OF REQUEST: This contract was approved by the BCC on 02-22-05; Agenda Item16.B.8. ~ ~ .!:I. :J? -'-' - ... - 0, --- , ~...- <:-./, =< -.: ' c;; ~ .:b ""-I ç::-; èJ"'"R ;p~ f'"t" r-r:; ,.;¿ This item has not been previously submitted. .J¡,. .:J: .,...... S> ACTION REQUESTED: Co.> - Contract review and approval OTHER COMMENTS: This is a standard contract with no changes. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. cv~ ¿/. :;. 0 5 1688 AGREEMENT THIS AGREEMENT, made and entered into on this J.J..1'\(\day of ~b\V(H- ~005, by and between the University of South Florida Board of Trustees, a public body corporate for it's Center for Urbanized Transportation Research (CUTR), authorized to do business in the State of Florida, whose business address is: College of Engineering, University of South Florida, 4202 East Fowler Avenue, CUT 100, Tampa, Florida, 33620-5375 hereinafter called the "Consultant" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. The Agreement shall be for a nine (9) month period, commencing on full execution of the contract and upon the issuance of a Purchase Order and terminating on December 31, 2005. The County may, at its discretion and with the consent of the Consultant, extend the Agreement under all of the terms and conditions contained in this Agreement for up to six (6) months. The County shall give the Consultant written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. ST A TEMENT OF WORK. The Consultant shall perform services in accordance with the terms and conditions of Consultant's proposal hereto attached and made an integral part of this agreement. 3. THE CONTRACT SUM. The County shall pay the Consultant for the performance of this Agreement an estimated maximum amount of ninety two thousand dollars ($92,000), based on the prices set forth in the Consultant's proposal, subject to Change Orders as approved in advance by the County. 4. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: University of South Florida, RPS 4202 East Fowler Avenue, FAO 126 Tampa, Florida, 33620-7900 Fax # (813) 974-2897 1688 All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Alternative Transportation Modes 2885 South Horseshoe Drive Naples, Florida 34104 A ttn: Lisa Hendrickson Fax # 239-213-5899 The Consultant and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Consultant. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Consultant. The Consultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 7. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 1688 8. TERMINATION. Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Consultant shall provide insurance as follows: The Consultant is an institution of the State of Florida, and its "self insurance" limitations are provided by law. The Consultant is provided with comprehensive general liability insurance with limits of coverage of $100,000.00 per person, $200,000.00 per occurrence, pursuant to the terms and limitations of Florida Statutes, Section 768.28 and Florida Statutes, Chapter 284 Part II. Workers Compensation insurance is maintained in full compliance with Florida law. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant and Collier County shall indemnify and hold harmless each other, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Consultant or anyone employed or utilized by the Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Alternative Transportation Modes Department. 13. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services. 1688 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Consultant's Proposal. 15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 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 and year first above written. ATTEST: . ...J'J.j .. Dwight E...Brock; Clerfbf Courts ~~;~~~~I~~ (SEAL>' ,. .... ¡\>....¿: AttaStr:IS. to ct\i:1 . .... ~. , . 1 . "" S tga.t.'I;~,:: ~ i\~S" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: '1uJ-W. ~ Fred W. Coyle, Cn . man * Board of Trustees, a pUbrlC body corporate University of South Florida1for it's Center for Urban Transportation Research nsultant -ðf'J !Y'~Aß. ~ First Witness By: So. "'("'\ \-0.. 1M. c. IJ (;) i1 0.. \ d.- tType/print witness namet Kr,".st/n~ W# N&hef' tType/print witness namet Pp. ~~~ \\0.. 9n-!le. Typed signature and tit~ \ ~~D~\O-.\ e \) \~e.. ~~~\de.t"\-t CORPORATE SEAL (corporations only) Approved as to form and Ie ~ ~~ ·',/(ZÅ ~7. ..- ;..;C.j' ltem# ~ I . o//~ 1688 Scope of Services Collier County Transit Development Plan (TDP) Major Update, Transportation Disadvantaged Service Plan (TDSP)1, and Park-and-Ride Study According to Task 3.2 in the Collier County Metropolitan Planning Organization's (MPO) adopted Unified Planning Work Program (UPWP), Collier County is responsible for producing a Transit Development Plan (TDP) for Collier Area Transit (CAT). A TDP is a five-to ten-year plan required by the Florida Department of Transportation (FDOT) that calls for a description of the transit agency's vision for public transportation, along with an assessment of transit needs and a staged implementation program to set priorities for improvements. One of the reasons FDOT requires a TDP is to maintain eligibility for state Block Grant funding. TDPs also relate directly to the State Transit Strategic Plan as the Florida Transportation Plan's transit element, and also to community and regional planning. This Scope includes tasks for a Major Update to the TDP, per Chapter 14-73, Florida Administrative Code. As the Community Transportation Coordinator (CTC), Collier County is also responsible for the production of a Transportation Disadvantaged Service Plan (TDSP). The TDSP is a strategic plan for the provision of services under the local Transportation Disadvantaged (TD) program. The TDSP is required by law (Ch. 427, F.S., and Rule 41-2, F.A.C.), and is a five.:year plan that coincides with the contract between the CTC and Commission for the Transportation Disadvantaged (CTD), with annual updates in years two through five. This plan is used to guide, monitor, and evaluate the effectiveness of the local TD program. The TDP and TDSP are policy documents that integrate transit and paratransit goals and objectives with those of other local plans, including the Long-Range Transportation Plan and comprehensive plans. FDOT strongly encourages a strategic approach to the planning process and emphasizes the importance of public participation in the preparation of the TDP. 1- Transportation Disadvantaged Service Plan Update/Amendment Procedure shall be used for the Transportation Disadvantaged Service Plan development. These directions can be drawn down from the Commission for the Transportation Disadvantaged web site. 1688 This Scope of Services has been prepared by the Center for Urban Transportation Research (CUTR) at the University of South Florida (USF). CUTR produced the previous major TDP update and TDSP update for Collier County. This Scope defines the tasks CUTR will complete for Collier County, which will fulfill the critical elements of the Transit Development Plan Manual. TASK I. TRANSIT DEVELOPMENT PLAN Subtask 1.1: Establish a Review Committee for the TDp2 A Review Committee will be established by Collier County with input from CUTR to monitor and provide input to the project and to review deliverables. The Review Committee will be comprised of five to eight members. It is anticipated that the Alternative Transportation Modes (ATM) Director or designee will chair this committee. Members of the committee will be selected by the Collier County, and will include representation by CAT, the Collier Local Coordinating Board, FDOT, Collier County MPO, and the Workforce Development Board, among others. The Southwest Florida Regional Planning Council will also be invited to participate. The Review Committee will evaluate each deliverable (specified in the individual tasks) provided by CUTR and will aid in the public involvement process. CUTR will respond to all comments provided by the Review Committee. Subtask 1.2: Compile Base Data Demographic, economic, and transportation data for the study area will be collected by CUTR with assistance from the MPO and CAT. CUTR will conduct interviews with local elected officials and participate in local meetings. 1. CUTR will update the demographic and economic data collected by CUTR for the prior combined major TDP/TDSP update to provide historical background and a 2 - 41-2.009(4) In consultation with the Community Transportation Coordinator (CTC) and local Coordinating Board (LCB), each Metropolitan Planning Organization or Designated Official Planning Agency shall develop and annually update, a TDSP. The TDSP shall be developed in a manner which assures that local planning agencies, responsible for preparing comprehensive plans, have the opportunity to review and comment on it, and shall not be inconsistent with applicable local government comprehensive plans, MPO long range comprehensive plans, transit development plans, and other local, regional, and state transportation plans. The TDSP shall be reviewed for final disposition by the LCB and the Commission. 41-2.011(2) States .....the CTC shall develop, implement, and monitor an approved TDSP." The Commission for the Transportation Disadvantaged recommends that the CTC be part of the Review Committee. 1688 description of the area. Information from the 2000 Census will be used, where available, with supplemental information provided by the Bureau of Economics and Business Research (BEBR) at the University of Florida. Other resources include the Bureau of Economic Analysis and the Florida Research and Economic Database. Data to be collected include the following: · Physical description of the area · Population by age and income · Population density · Housing density · Income information · Labor force and employment · Auto ownership · Tourism · Major trip generators . Area roadway and traffic conditions including level of service and capacity deficiencies · Current and planned transit routes 2. CUTR will design, coordinate, and analyze a written survey of fixed-route and paratransit bus operators to obtain their views of the existing system. Operators are in direct daily contact with transit riders and their observations are extremely useful. 3. CUTR will assess users and non-users' perceptions of fixed-route transit by meeting with local groups. Although not intended to provide a statistically valid sample, local group meetings are an excellent tool for revealing attitudes of a particular group, because of their open-ended nature. CUTR will participate in three local group meetings. One group should consist of members of the MPO Citizen Advisory Committee and will be used to identify issues and opportunities. A second meeting will be held with a group of persons representing both users and potential users of Collier County's paratransit system. An additional meeting will be held, per Collier County's direction, representing another local interest group. 4. CUTR will assess attitudes of local elected officials regarding current transit service and funding. Policy issues of greatest local concern will be identified and discussed. Appropriate officials will be selected with assistance from Collier County. CUTR will conduct a maximum of 12 interviews. 5. CUTR will develop an on-board survey designed to capture demographic, travel behavior, and rider satisfaction data and purpose of trip (relating to economic 1688 benefits of public transit) information from CAT fixed-route bus riders. This information will enable Collier County to focus on relevant transit needs and issues such as modifying bus schedules, locating bus stops, modifying fare structure, planning, marketing, and trends. The survey will be available in Spanish. CUTR will administer a Weekday survey. The survey will be performed on every trip within the system. A surveyor will hand out surveys to all riders. Surveyors will be available to assist with filling out the surveys as necessary, for those riders with vision or other mobility impairments or who are not literate in English or Spanish. The number of completed surveys will be weighted to Weekday average ridership, representing the total ridership by route and for the system as a whole. A matrix will be developed by CUTR which reflects the results from the on-board survey. Cross-tabulations will also be completed. Deliverable: Chapters 1 and 2 will summarize demographic, economic, and transportation data, and results of the driver survey, group meetings, and interviews with local elected officials. Results will be presented by CUTR to the Review Committee. Subtask 1.3: Identify Goals, Objectives, and Policies With assistance from Collier County and the Review Committee, goals, objectives, and policies for CAT and the TO program will be developed by CUTR. These will be consistent with community goals. It is recognized that findings from later tasks may occasion revisions to the goals and objectives developed at this stage. CUTR will also work closely with staff3 in delineating a vision of transit in Collier County over the next five to ten years. This step is implicit in each task outlined in this Scope of Services, but is specifically mentioned here in conjunction with the goals and objectives. 1. Local plans and documents, including comprehensive plans, previous transit plans, the Long-Range Transportation Plan, and the Transportation Disadvantaged Service Plan, will be reviewed to identify, compile, and update community goals and objectives relating to public transportation and mobility. 3 - 41-2.011(3) FAC Pursuant to the conditions set forth in the Memorandum of Agreement, the CTC shall develop, implement, and monitor an approved TDSP. This plan shall be approved by the LCB and forwarded to the Commission for the Transportation Disadvantaged. The Commission for the Transportation Disadvantaged recommends that the CTC be directly involved in the development of the Goals, Objectives, and Strategies. 1688 2. Results from previous tasks, particularly the interviews with local officials and community leaders, will be analyzed and incorporated to gain a better understanding of community goals and objectives relating to transit and mobility. 3. Draft goals and objectives will be developed by CUTR, with assistance from staff. Deliverable: Chapter 3 will outline goals and objectives for CAT, and demonstrate their connection with goals specified in other planning documents. Draft goals and objectives will be presented by CUTR to the Review Committee. Subtask 1.4: Identify Existing Transit Services Staff will assist CUTR in developing an inventory of the major existing public and private transportation services operating in Collier County. These include providers of service to the transportation disadvantaged, taxis, agency services, and community bus operators. The following information will be collected for each provider, to the extent possible: · Name of operator · Type of service · Service area · Users of the service · Vehicle inventory Subtask 1.5: Evaluate Existing Transit Service A profile of CAT's operations will be provided, using existing CAT data as well as any available recent information submitted to or compiled for the National Transit Database (NTD). CUTR will conduct an analysis of existing transit service. A review of Collier County's fixed-route service will be undertaken to assess the system, using measures falling into three major categories: system performance, effectiveness, and efficiency. (See Table 1 for measures that might be used.) CUTR will compare Collier County with other similar transit systems, using current and historical data from NTD reports and the Florida Transit Information System (FTIS). The Review Committee will have input into the peer selection for this task. The performance review (both trend and peer analyses) will be used to assess the extent to which CAT is meeting its stated goals and objectives. 1688 Table 1 Performance Evaluation Indicators and Measures (based on the National Transit Database) Effectiveness Measures Efficiency Measures Passenger trips Vehicle miles per capita Operating expense per capita Passenger miles Passenger trips per capita Operating expense per passenger Vehicle miles Passenger trips per revenue mile trip Revenue miles Passenger trips per vehicle hour Operating expense per passenger Vehicle hours Revenue miles between incidents mile Route miles Revenue miles between service Operating expense per revenue Operating expenses interruptions mile Capital expenses Revenue service interruptions Farebox recovery ratio Operating revenues Revenue miles per vehicle mile Total employees Revenue miles per peak vehicle Vehicles available for maximum Revenue hours per employee FTE service Passenger trips per employee FTE Vehicles operated in maximum Vehicle miles per gallon service Average fare Fuel consumption Deliverable: Chapter 4 will provide a performance review including a trend analysis and peer comparison. An appendix will contain information on transportation providers in Collier County. Subtask 1.6: Estimate Demand and Assess Need CUTR will project ridership for fixed-route and paratransit, for the five-year planning period, assuming current service levels are maintained. CUTR will then project demand for transit service in Collier County over the same period assuming changes in the level of service (Le., frequency of service). Demand will be projected using several approaches. For example, ridership rates from peer systems with different levels of service and per-capita transit spending will be applied to the Collier County service area. Price and service elasticities will also be used to estimate the impact of changes in fares or service levels on ridership. Demand estimates will be compared to transit ridership at current levels of service. There will not be a demand forecast using computer network simulation; however, CUTR will utilize the guidance provided in the document "Transit Development Planning Tools," prepared by CUTR for FDOT in 2001. Demand eligibility under the Americans with Disabilities Act of 1990 (ADA) will be estimated using standard, appropriate techniques. 1688 The needs assessment will take into account travel origins and destinations, geographic areas served by the transit system, frequency and hours of service currently provided, and demographic characteristics of Collier County residents. Goals and Objectives from Subtask 1.3 will be considered in assessing the need for improved transit service, along with results from the interviews and discussion groups. Potential target markets for new or expanded transit service will be identified and assessed. The needs assessment will also include an examination of possible intermodal connections and coordination of service with other operators. Deliverable: Chapter 5 will contain ridership and demand projections and an assessment of need. Results will be presented by CUTR staff to the Review Committee. Subtask 1.7: Identify and Evaluate Transit Operation Alternatives CUTR will review and analyze alternatives for transit operation in Collier County. Alternatives may range from maintaining the current level of service to a thorough restructuring of public transportation service, and will include consideration of special event services and transportation demand management, including commuter assistance techniques and strategies, or a commuter assistance program. Attention will be paid to the need for Collier and Lee Counties to coordinate their TOPs and other planning efforts. These alternatives will be developed in conjunction with staff and the Review Committee, and will support community vision and plans. The results of all previous tasks, particularly the needs assessment, will be considered in developing service delivery options for Collier County. Alternatives will be identified and analyzed without regard to costs, in line with the strategic intent of the TOP. The Review Committee will meet to consider service alternatives presented by CUTR. Deliverable: Chapter 6 will identify and evaluate alternatives for public transportation service in Collier County. Public Input: A public meeting will be held to elicit public comment on all deliverables prepared up to this point in the project. Meritorious suggestions will be reflected in revising the goals and objectives, needs assessment, and alternatives. This meeting will be held in accordance with the MPO's public involvement process. 1688 Subtask 1.8: Transit Center Sitina and Analvsis CAT currently operates a temporary transfer center at Lorenzo Walker Institute of Technology on Estey Avenue. There is a need to secure a permanent location to build a transit facility, including amenities. At the present time, CAT and MPO staff are in discussions with the Naples Airport Authority (NAA) regarding the possible siting of the transfer center at Naples Municipal Airport. Additionally, there may also be a need for other smaller transit centers. The benefits of creating multiple transit centers include enabling CAT to develop shorter routes that have less running time and greater frequencies. Benefits to customers include having a greater number of travel options and travel directions by accessing one of many transit centers in the region. Also, it should be noted that, as part of this TOP, CUTR will explore the need for maintenance, operations, and/or administration facilities. In this task, CUTR will prioritize locations for transit centers. Primary and secondary sites will be selected and initial contacts with private property owners will be commenced to determine level of interest in on-site transit service. Contacts with private property owners will be informal and will attempt to determine conditions under which property owners might be willing to consider transit improvements and circulation on their respective properties. As an outcome of this task, prioritization for deployment of new transit centers will be based on overall service priorities for the region (timing, staging, development, deployment, etc.). When and if it is deemed practical by Collier County, preliminary site plans will be developed for a transit center site(s) to include bus capacity and site circulation. Subtask 1.9: Formulate a Ten-Year Transit Development Plan CUTR will prepare a ten-year TOP, based on the results of Subtasks 1.2 through 1.8, resulting in the development of Chapters 1 through 6, with ample input from the Review Committee. The first five years of the ten-year plan will be more detailed than the second five years. CUTR will prepare a draft TOP and present it to the Review Committee. In addition to Chapters 1 through 6, the draft TOP will also include a financial plan which shows funded and unfunded recommendations, capital and operating costs, and identifies new funding sources. Deliverable: CUTR will submit twenty-five (25) copies of the draft TOP to the Review Committee for review, comment, and acceptance. 1688 Following presentation, review, and acceptance of the draft TOP by the Review Committee and the MPO, CUTR shall prepare and submit the final TOP. Deliverable: Twenty-five (25) copies of the final TOP will be prepared by CUTR and provided to the Collier County and its local governments. CUTR will also provide Collier County Government with electronic copies of the TOP in Word and PDF formats. TASK II. TRANSPORTATION DISADVANTAGED SERVICE PLAN4 UPDATE CUTR will prepare a TDSP, using pertinent findings of Subtasks 1.2 through 1.5, along with information provided by the Collier County CTC and their official planning agency. The following components will be included in the TDSP: Development Plan Service Plan Quality Assurance Cost/Revenue Allocation and Rate Structure Justification CUTR will prepare and present the draft TDSP, including the components listed above, to the Local Coordinating Board. Deliverable: - CUTR will submit twenty-five (25) copies of the draft TDSP for review, comment, and acceptance. Following presentation, review, and acceptance of the draft TDSP, CUTR shall prepare and submit the final TDSP. Deliverable: Twenty-Five (25) copies of the final TDSP will be prepared by CUTR and provided to Collier County for consideration and adoption. 4 - Annual updates are required of the Plan component addressing Section I.D. - Goals, Objectives and Strategies as well as Section I.E. - Implementation Plan. Service changes, organization changes and policy changes may also occur from time to time and require an update to the TDSP. When an update is needed, the CTC will be responsible for advising and submitting information to the Commission for approval at least 30 days prior to the MOA designation date (Collier's designation date is October 1). Transportation Disadvantaged Service Plan Update/Amendment Procedure instructions are available on the Commission for the Transportation Disadvantaged's web site. 1688 TASK III. PARK-AND-RIDE STUDY The intent of park-and-ride facilities is to provide a common location for individuals to transfer from a low- to a high-occupancy travel mode. The purpose of this task is to identify potential sites in Collier County for the development of formal and informal Park- and-Ride facilities to be used by CAT bus patrons and van/carpoolers. Park-and-Ride sites may include purchased land, leased facilities, or joint use of property. Envisioned sites include vacant property, available right-of-way, church land, and shopping center parking lots. Further, this effort will gather park-and-ride joint development/land-use agreements from other systems, and develop a generic agreement to be used where necessary. Conceptual site plan drawings will be developed showing the general characteristics of the site, and potential layout of a park-and-ride facility. General "rule-of-thumb" costs will be presented. Subtask 111.1: GIS Plotting of Oriain/Destination Data. Identification of Park-and-Ride Corridors Using any available data supplied by Collier County or the MPO, CUTR will plot the origins and destinations of current van and carpoolers in Collier County using GIS software. From this information, corridors will be established where there is a high likelihood to use park- and-ride facilities. Subtask 111.2: Identification of Sites Using county aerial maps and through on-site surveys of the corridors, an initial set of park-and-ride locations will be developed. Sites will be prioritized based on the following criteria: · Available right-of-way · Zoning · Estimated cost · Security · Site size · Visibility · Access · Proximity to transit service -....-,--.....--"." 1688 Initial contact will be made with property owners to explore their willingness for sale, lease or interlocal agreement for use of the property. Subtask 111.3: Site Plan Development/Cost Estimation CUTR will develop conceptual site plans for the recommended alternative sites determined in Subtask 111.2. Photographs will be taken and conceptual site plans will be developed showing the general characteristics of each site. These site plans will show the approximate location of the proposed parking facilities and related amenities. These plans will be used to aid in generating "rule-of-thumb" development costs and will not take the place of engineering analysis and drawings. Subtask 111.4: Sample Interlocal Agreements Sample Interlocal Agreements from other transit systems will be collected to aid in developing a generic agreement for Collier County. This Interlocal Agreement can be used where Collier County chooses to develop a park-and-ride facility as a joint use with the existing property owner (churches, shopping centers, other governmental ROW). The agreement will include such items as type of use, days/hours of use, maintenance, site improvements, utilities, insurance, etc. Deliverable: A final report will be developed summarizing Subtasks 111.1 through iliA. The final report will first be submitted to Collier County in draft form. Once finalized, CUTR will submit twenty-five (25) copies of the final report to Collier County. An electronic copy will also be provided. 1688 STAFFING A brief description of the principal staff persons assigned to the project and their responsibilities is provided below. Victoria Perk, Senior Research Associate, will be the project manager for all three major tasks of this effort. Ms. Perk has managed the development of many TOPs for transit systems in Florida, including the most recent major updates for Manatee County Area Transit (MCAT), the City of Key West, and the City of Tallahassee (TaITran). She also has been active in transit research projects for Miami-Dade Transit, in the evaluation of the performance of state transit systems for FOOT, and in projects for CUTR's National Center for Transit Research (NCTR). Ms. Perk will be responsible for the day-to-day management of the project. Her areas of expertise include transit service planning, operations planning, statistical analysis, transit performance analysis, the National Transit Database, and transportation economics. Ms. Perk's costs are included in the Salaries line item in the budget tables (see pages 1 5 and 16). Holly Carapella, Senior Research Associate, has representative experience in transportation and land use planning, capital programming, policy analysis and public involvement. She has worked on several TOP and TDSP projects while at CUTR, including the previous Collier County major TOP/TOSP update, Manatee County, and the City of Key West. Ms. Carapella will assist Ms. Perk with all tasks of the TDP, and will be responsible for the TDSP task. Prior to working at CUTR, Ms. Carapella spent time working for two metropolitan planning organizations. She has expertise in transportation and land use planning, and has managed several other TOPs for Florida agencies, including the previous Collier County major update. Ms. Carapella's costs are included in the Salaries line item in the budget tables (see pages 1 5 and 16). Chris DeAnnuntis, Senior Research Associate, brings expertise in transit operations. Mr. OeAnnuntis will be involved with the on-board survey and park-and-ride tasks. He is primarily responsible at CUTR for providing operations planning/service planning and scheduling services to Florida transit systems. Prior to joining CUTR in 1998, Mr. OeAnnuntis was a Transit Planner at Sarasota County Area Transit and a Scheduling coordinator at HARTline in Tampa, Florida. He has redesigned, realigned and developed new bus route networks, reallocated revenue hours and equipment, and recommended new services as part of his work. He has also developed bus schedules and run-cuts for transit agencies too small to do their own computerized scheduling. Mr. DeAnnuntis' costs are included in the Salaries line item in the budget tables (see pages 15 and 16). Graduate and Undergraduate Student Research Assistants employed by CUTR will be used to assist the project team with data collection and compilation; survey administration, data entry and analysis; and graphics production. The Program Assistant for CUTR's Transit 1688 Research Team will assist the project team with coordination of meetings and interviews, and report production. Costs for the Student Research Assistants and Program Assistant are included in the Other Personnel line item in the budget tables (see pages 15 and 16). TasklSubtask 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 (TASK I) TASK II 111.1 111.2 111.3 111.4 (TASK III) 1688 SCHEDULE 2 3 MONTH 456 7 8 9 1688 COST PROPOSAL Task 1 - Total for Transit Development Plan (TDP) $ 70,000 76% Includes Subtasks 1.1 through 1.9 Task 2 - Total for Transportation Disadvantaged $10,000 11% Service Plan (TDSP) Task 3 - Total for park-and-Ride Study $12,000 13% Includes Subtasks 3.1 through 3.4 TOTAL for TDP, TDSP, and park-and-Ride Study $92,000 100% *The project team will include faculty, students, and secretarial and other support staff who will work directly on the project and whose costs are included in the direct costs of the project. Pricing shall be inclusive of all costs. Payment shall be full compensation for all services, labor, tools, equipment, travel and any other items required for project completion and/or completion of services. ORIGINAL DOCUMENTS CHECKLIST & ROUTING sLi 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO . THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Cl·" (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1 ---------------------------- 2. ---------------------------- 3. ---------------------------- 4. ---------------------------- 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Lori Olivier Phone Number 530-5335 Contact Agenda Date Item was February 22, 2005 Agenda Item Number 1& C I Approved by the BCC Type of Document Amendment to Professional Services Number of Original 2 Attached Agreement - Hole Montes # 15 Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the CoUnty Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signatureti'f¡e date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed'ón the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 2. 3. 4. 5. I: Forms/ County Forms/ BCC Farms/ Original Documents Routing Slip WWS Original 9.03.04 Yes (Initial) N/A (Not A licable) IVlif 16 cl MEMORANDUM Date: February 23, 2005 To: Lori Olivier, Administrative Assistant Public Utilities Engineering Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract Amendment #15 to RFP 93-2121: Professional Services Agreement between the Board of County Commissioners and Hole Montes, Inc. Enclosed is a copy of the above referenced document (Agenda Item #16Cl), which was approved by the Board of County Commissioners on Tuesday, February 22,2005. If you have any questions or if I can be of any further assistance, please call me at 774-8406. Thank you, Enclosure 16 cl SOUTH COUNTY REGIONAL W ASTEW A TER TREATMENT PLANT EXPANSION AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 15 to the Agreement dated March 15, 1994 (hereinafter "AGREEMENT") is made and entered into this day of , 2005, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and Governing Board of the Collier County Water-Sewer District (hereinafter referred to as the "OWNER") and Hole Montes, Inc., a Florida corporation, authorized to do business in the State of Florida whose business address is 950 Encore Way, Naples, Florida 34110 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the South County Regional Wastewater Treatment Plant Expansion (hereinafter referred to as "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: ARTICLE ONE 1.1 CONSUL T ANT shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Basis of Compensation", as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made a part hereof. AMENDMENT NO. 15 page 1 of 2 16 cl ARTICLE THREE 3.1 The schedule for said Project, shall be as shown in said agreement with modifications as shown in the revised Schedule C as attached hereto. ARTICLE FOUR 4.1 All articles of said AGREEMENT, as amended, shall remain in full force and effect, and shall not be modified by this Amendment. DWIGHT E. BROCK, Clerk COMMISSIONERS IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for professional engineering services for the South County Regional Wastewater Treatment Plant Expansion the day and year first written above:,...¡;¡j¡llt '.' "",i) ,,11/1/, BOARD OF COUNTY COMMlSSIÒNERS: EoR~~~- COLLIER COUNTY, FLORII}A~ A POLITIE2AL,% SUBDIVISION OF THE sTAtE: Óf: FLQ'tIDA':- ~ AND AS EX-OFFICIO 'Ë:ffi: ÓÖ:YERÞHNG ,ª .. ',', ":,_, 'I : _ - BOARD OF THE COLLIER Çð1)NTYWA TER,,. - ,::: SEWER DISTRICT.::' ..., ," . . . "/'1 ..' ./ l r. " .'.. ' ' ,..:' /1, -'". (' ,,'. BX: ~ W. (....... '"'''''''''''''' FRED w. COYLE. Chai~ ~ ATTEST: ", ..' <' \'l~~: J . "'. -' " -;~,". :..... Lj/, 1"''''./ ,," '. ·,··~a ~ ....... . ~. . a-· '1. .L. ~ r,:, C. ' "er-i. '-, tot. ( .. ,'''' 'a' '~<, (,' $tløtÍn.,ÒII1. t) " Appro~èdàs'tö form and legal sufficiency: 1ó~ PJ~ February 22 , 2005 Assistant County Attorney ~ Wit$ss ¡ HOLE MONTES, INC. By: ~rf. ~ Ronald E. Benson, Jr., Ph.D., P.E. Senior Vice President --- A . ~ ~L ~jGfP WðÞ ss (CORPORATE SEAL) Item # 1LaCl- ~~:da a., (Jd-i£ AMENDMENT NO. 15 page 2 of 2 [)~ .._--'"........._~...--,..- 16 cl SUPPLEMENT NO. 15 TO SCHEDULE A SCOPE OF SERVICES HM FILE NO. 2000055 This serves as a supplement and clarification of Schedule A, Scope of Services as provided in the Professional Services Agreement dated March 15, 1994. This project amendment consists of work that is necessary to provide extended services during the extended construction of the expansion from 8 MGD to 16 MGD ofthe South County Water Reclamation Facility. The scope of services is described as follows: Phase IV EXPANSION TO 16 MGD - EXTENDED CONSTRUCTION PERIOD The schedule contained in Contract Amendment 13, Attachment C, provided for 31 months of contract administration. Early during the project it was mutually agreed to extend this to 34 months (October 2001 through July 2004) for no change to the lump sum contract amount. The original construction period has been extended, and a change order to the contractor has been approved which extends the construction period to 41 months, or final completion by February 28, 2005. This completion date represents a total time extension of 275 days or nine months. Construction was completed in December 2004. This revised completion date represents an extension of our construction contract administration services for five months, from the original completion of July 31, 2004 to December 31, 2004. A.6 Contract Administration A.6.1. Consult with the OWNER and contractors as reasonably required and necessary with regard to construction of the Project, including but not limited to attendance at pre-construction conference and monthly coordination meeting with OWNER and contractor. A.6.2. Any deviations from the Contract Documents which may come to the CONSULT ANT's attention will be reported to OWNER. Make recommendations to OWNER to reject items not meeting the requirements of the Contract Documents. A.6.3. Recommend to the OWNER in writing that the work, or designated portions thereof, be stopped if, in CONSULT ANT's judgment, such action is necessary. Such stoppage to be only for a period reasonably necessary for the SCHEDULE A page 1 of 4 A.6.4. A.6.5. A.6.6. A.6.7. A.6.8. A.6.9. SCHEDULE A 16 Cl determination of whether or not the work will III fact comply with the requirements of the Contract Documents. Issue interpretations and clarifications of Contract Documents during construction, and evaluate requests for substitutions or deviations therefrom. Notify OWNER of any such requested deviations or substitutions and when reasonably necessary provide OWNER with a recommendation concerning same. Prepare work change orders as directed by OWNER. Submit to OWNER, in a format acceptable to OWNER, weekly progress and status reports, including but not limited to manpower, amount of work performed and by whom, equipment, problems encountered, method to correct problems, errors, omissions, deviations from Contract Documents, and weather conditions. The OWNER's Inspector will provide information upon which CONSULT ANT will rely in preparing progress and status reports. Review shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results of laboratory tests and inspections, and other data which contractors are required to submit for conformance with the design concept of the Project and compliance with the provisions of the Contract Documents. Monitor all required Project records, including but not limited to delivery schedules, inventories and construction reports. Based upon the Project records, as well as reports provided by OWNER's Inspector based on observations at the site and evaluations of the data reflected in contractor's application for payment, CONSULTANT shall render a recommendation to OWNER concerning the amount owed to the contractor(s) and shall forward the contractor's application for such amount to OWNER. Such approval of the application for payment shall constitute a representation by CONSULT ANT to OWNER, based on information provided by OWNER's Inspector that: (a) the work has progressed to the point indicated; (b) the work is in substantial accordance with the Contract Documents; and (c) the contractor(s) is (are) entitled to payment in the recommended amount. Receive and review all items to be delivered by the contractor(s) pursuant to the Contract Documents, including but not limited to all maintenance and operating instructions, schedules, guarantees, warranties, bonds and certificates of inspection, tests and approvals. CONSULT ANT shall transmit all such deliverables to OWNER with CONSULTANT's written comments and recommendations concerning their completeness under the Contract Documents. Negotiate with the contractor(s), the scope and cost of any necessary contract change orders, using as a basis for such negotiations data or other information page 2 of4 --_._-~,._._-- Wfr w,,~ ....,_.~-,-,-,,,~ 16 Cl emanating from the Contract Documents, including but not limited to the bid sheet, technical specifications, plans, shop drawings, material specifications, and proposed material and labor costs. Prepare, recommend and submit for Owner's approval such change orders. A.6.10. Upon receiving notice from the contractor advising CONSULT ANT that the Project is substantially complete, CONSULTANT, shall schedule and, in conjunction with OWNER's Inspector, conduct a comprehensive inspection of the Project, develop a list of items needing completion or correction, forward said list to the contractor and provide written recommendations to OWNER concerning the acceptability of work done and the use of the Project. For the purposes of this provision, substantial completion shall be deemed to be the stage in construction of the Project where the Project can be utilized for the purposes for which it was intended, and where minor items need not be fully completed, but all items that affect the operational integrity and function of the Project are capable of continuous use. A.6.11. Perform final inspection in conjunction with OWNER, and assist OWNER in closing out construction contract, including but not limited to, providing recommendations concerning acceptance of Project and preparing all necessary documents, including but not limited to, lien waivers, contractor's final affidavit, close-out change orders, and final payment application. A.6.12. Prepare and submit to OWNER upon completion of construction of the Project, five (5) sets of record drawings and one CD containing the drawings in electronic format of the work constructed, including those changes made during the construction process, using information supplied by the contractors and other data which can reasonably be verified by CONSULT ANT's personnel. A.6.13. Prepare and submit to OWNER upon completion of construction of Project a final report of variations from the construction Contract Documents, including reasons for the variations. Warranty and Support Services: Additional professional services have been requested by the County, specifically assistance with the construction warranty inspections and technical assistance during the first year of operation of the expanded facility. This service will be provided as Additional Services on an as-requested basis with compensation based on time and expenses and a budget of$35,000. Wetlands Restoration: During the project permitting, Florida DEP required extensive work within this wetlands area, which was not anticipated. They also required the Board of County Commissioners to designate SCHEDULE A page 3 of4 16 cl this area as a Conservation Easement, which stipulated certain restoration work and County maintenance in perpetuity. In response to the permitting requirements, Hole Montes prepared a separate set of construction drawings and specifications for this work inside the Conservation Easement. This project, identified as Wetlands Restoration, is currently in the bidding phase. The construction services associated with this four month project is expected to commence in March, 2005 and will involve specialized inspections and contract administration. Therefore, we are requesting the supplemental Contract Amendment include an additional $25,000 to cover time-and-expense services related to the administration and inspection of the Wetlands Restoration project. SCHEDULE A page 4 of 4 16 cl SCHEDULE B - A TT ACHMENT A Amendment No. 15 SCHEDULE OF FEES FOR BASIC SERVICES Current Amendment Bude:et No. 15 PHASE II-A WWTP Disinfection System A.2 Design Report $2,800 $2,800 A.3 Preliminary Design $10,300 $10,300 AA Final Design $3,900 $3,900 A.5 Bidding Services $1,600 $1,600 A.6 Contract Administration $9,700 $9,700 PHASE II-A Royal Palm Irrigation Pump System A.2 Design Report $500 $500 A.3 Preliminary Design $5,600 $5,600 AA Final Design $1,600 $1,600 A.5 Bidding Services By Owner By Owner A.6 Contract Administration By Owner By Owner PHASE II-A WWTP Design A.2 Design Report $290,000 $290,000 A.3 Preliminary Design $750,000 $750,000 AA Final Design $150,000 $150,000 A.5 Bidding Services A.5.1 Reclaimed Water PSÆlec Bldg - Equipment $10,000 $10,000 A.52 Reclaimed Water PSÆlec Bldg - Construction $15,000 $15,000 A.5.3 Phase I Improvements $30,000 $30,000 A.6 Contract Administration A.6.1 Reclaimed Water PSÆlec Bldg - Equipment $20,000 $20,000 A.6.2 Reclaimed Water PSÆlec Bldg - Construction $120,000 $120,000 A.6.3 Phase I Improvements $355,000 $355,000 SCHEDULE B - ATTACHMENT A page 1 of2 16 cl ,'J/ PHASE II-C RECLAIMED WATER SYSTEM UPGRADES TO SERVE LAKEWOOD A.2 Design Report $9,000 $9,000 A.3 Preliminary Design $52,000 $52,000 A.4 Final Design $29,000 $29,000 A.5 Bidding Services $6,000 $6,000 A.6 Contract Administration $44,000 $44,000 PHASE II-D EFFLUENT STORAGE EXPANSION A.2 Design Report Not Required Not Required A.3 Preliminary Design Not Required Not Required AA Final Design Not Required Not Required A.5 Bidding Services Not Required Not Required A.6 Contract Administration Not Required Not Required PHASE III EXPANSION TO 12 MGD A.3 Preliminary Design $600,000 $600,000 AA Final Design $200,000 $200,000 A.6 Contract Administration Not Required Not Required PHASE IV EXPANSION TO 16 MGD A.3 Preliminary Design $300,000 $300,000 A.4 Final Design $300,000 $300,000 A.6 Contract Administration $1,250,000 $1,375,000 PHASE V FLOW EQUALIZATION A.3 Preliminary Design $120,000 $120,000 AA Final Design $80,000 $80,000 SCHEDULE B - A TT ACHMENT A page 2 of2 16 cl SCHEDULE B - A TT ACHMENT B CONSUL T ANT'S EMPLOYEE HOURL Y RATE SCHEDULE Principal Engineer VI ........... ... ....................................................... ...................... $135.00 per hour Environmental Engineer V ................................................................................... $125.00 per hour Environmental Engineer IV .................................................................................. $105.00 per hour Environmental Engineer III........................................................·....·..............·....· $ 90.00 per hour Environmental Engineer II..............................................................·..·........·..·....· $ 75.00 per hour Environmental Engineer 1..................................................................................... $ 60.00 per hour Environmental Operations Specialist ................................................................... $ 70.00 per hour Engineer Tech V ................................................................................................... $ 70.00 per hour Engineer Tech IV .................................................................................................. $ 65.00 per hour Engineer Tech III........................................... ....................................................... $ 60.00 per hour Engineer Tech II ................................................................................................... $ 55.00 per hour Engineer Tech I .................................................................................................... $ 45.00 per hour Contract Administrator (P .E.)........................................................·..·....·..·..· ........ $ 85.00 per hour Contract Administrator........................ ................................................... .............. $ 70.00 per hour Construction Field Representative IV.......................................·....·....·................ $ 65.00 per hour Construction Field Representative IlL.....................................·......·..·......·....·..·..· $ 55.00 per hour Construction Field Representative II .................................................................... $ 45.00 per hour Construction Field Representative I....................................................·.............·.. $ 35.00 per hour Senior Planner................. ..................................................... ................................. $105.00 per hour Planner......................... ................................................... ...................................... $ 70.00 per hour Surveyor V ................................................. ........................................................... $100.00 per hour Surveyor IV .......................................................................................................... $ 85.00 per hour Surveyor 111........................ ...................................................... ............................. $ 65.00 per hour Survey Tech IV ..................................................................................................... $ 55.00 per hour Survey Tech III ..................................................................................................... $ 50.00 per hour Survey Tech II ...................................................................................................... $ 45.00 per hour Survey Tech I........................................................................................................ $ 40.00 per hour 2 Man Survey Crew .............................................................................................. $ 85.00 per hour 3 Man Survey Crew .............................................................................................. $100.00 per hour GPS Operator ......................... ................................................... .... ........................ $ 65.00 per hour Technician IV ....................................................................................................... $ 45.00 per hour Technician III ....................................................................................................... $ 40.00 per hour Technician II..................................................... .................................................... $ 35.00 per hour Technician I .................................................................................... ...................... $ 30.00 per hour This Fee Schedule is effective for one year from date of the LETTER AGREEMENT. SCHEDULE B - A TT ACHMENT B page ] of I SCHEDULE B - A TT ACHMENT C Amendment No. 15 16 Cl CONSUL T ANT'S ESTIMATE OF ADDITIONAL SERVICES (INCLUDING DETAILED OBSERVATION OF CONSTRUCTION) Phase I A.1 Preliminary Services A.1.1 Preliminary Engineering Report A.1.2 Review of Odor Control A.1.3 Review of Effl. Disinfection A.1A Capacity Analysis Report A.1.5 Conditional Use Applic. A.1.6 Odor Control Committee Phase II-A WWTP Disinfection System A. 7 Detailed Observation Phase II-A Royal Palm Irrigation Pump Station A.7 Detailed Observation A.8 Investigation/Evaluation A.9 Design/Permitting - Pump Station A.10 Design/Permitting - Building A.11 Bidding Services , A.12 Cont. AdminlDetailed Observation - Pump Station A.13 Cont. AdminlDetailed Observation - Building Phase II-A WWTP Design A.7 Detailed Observation A.7.1 Reclaimed Water PSÆlec. Bldg. - Construction A.7.2 Phase I Improvements Phase II-B Deep Injection Well A. 8 Data Review and System A.9 Design and Construction Permit Applications A. 9a Add 2nd Deep Well Design & Permitting A.10 Well Construction Observation and Testing A.11 Report A.12 Operating Permit Application SCHEDULE B - A TT ACHMENT C page I of3 _.....~"'.. Current Budeet Amendment No. 15 $172,000 IncL Above IncL Above $25,000 $33,000 $35,000 $172,000 IncL Above IncL Above $25,000 $33,000 $35,000 $3,700 $3,700 By Owner $6,500 $22,000 $25,000 $4,000 $18,000 $16,000 By Owner $6,500 $22,000 $25,000 $4,000 $18,000 $16,000 $90,000 $90,000 $265,000 $265,000 $43,000 $43,000 $90,000 $90,000 $25,000 $25,000 $370,000 $370,000 $36,000 $36,000 $18,000 $18,000 16 cl1 Phase II-C Reclaimed Water System Upgrades to Serve Lakewood A.13 Detailed Observation $10,900 $10,900 A.14 SurveyinglEasements $23,100 $23,100 A.15 Permitting $6,000 $6,000 A.16 Startup Assistance $5,000 $5,000 Phase II-D Effluent Storage Expansion A.17 Detailed Observation Not Required Not Required A.18 SurveyinglEasements Not Required Not Required A.19 Permitting Not Required Not Required A.20 Startup Assistance Not Required Not Required Phase II Additional Services Surveying $30,000 $30,000 Permitting/Approvals $40,000 $40,000 Reuse Master Plan $100,000 $100,000 Reimbursable Expenses $10,000 $10,000 Geotechnical Site Investigation $2,000 $2,000 Progress Photos $10,000 $10,000 Startup Assistance $40,000 $40,000 O&M Manual $50,000 $50,000 Operational Support Services $55,000 $55,000 Warranty Inspection $18,000 $18,000 FDEP Operation Permit $10,000 $10,000 FDEP SRF Management $103,696 $103,696 Structural Analysis of Reuse Tank $60,000 $60,000 Phase III Expansion to 12 MGD A.7 Detailed Observation Not Required Not Required Phase III Additional Services Citizen Advisory Committee $140,000 $140,000 Surveying $15,000 $15,000 Permitting/Approvals $25,000 $25,000 Reimbursable Expenses $15,000 $15,000 Geotechnical Site Investigation $20,000 $20,000 Support Services $45,000 $45,000 Coordination with CIM $60,000 $60,000 SCHEDULE B - ATTACHMENT C page 2 of3 -_.....--_.."-'"~.._..~_._,,,-_---..- 16 cl Phase IV Expansion to 16 MGD A.7 Detailed Observation $185,000 $185,000 Phase IV Additional Services Surveying $10,000 $10,000 Permitting! Approvals $45,000 $45,000 Geotechnical Site Investigation $10,000 $10,000 O&M Manual $100,000 $100,000 Startup and Training $95,000 $95,000 Phase V Flow Equalization A.6 Contract Administration $60,000 $60,000 A.7 Detailed Observation $40,000 $40,000 Phase V Additional Services Surveying $3,000 $3,000 Permitting! Approvals $10,000 $10,000 Geotechnical Site Investigation $5,000 $5,000 O&M Manual $8,500 $8,500 Startup and Training $5,000 $5,000 Operational Support $7,500 $7,500 Reimbursable Costs $10,000 $10,000 Other Assistance $25,000 $25,000 Construction Warranty and Technical Assistance $0 $35,000 Wetlands Restoration - Conservation Easement $0 $25,000 Phase VI Deep Injection Well A.8 Data Review!System Analysis $19,000 $19,000 A9 Design and Construction Permit $54,000 $54,000 A.lO Well Construction/Testing $359,000 $359,000 A.ll Data AnalysislReport $27,000 $27,000 A12 Operational Approval $13,000 $13,000 A13 Operation Permit $10,000 $10,000 SCHEDULE B - A TT ACHMENT C page 3 of3 16 Cl SCHEDULE C Amendment No. 15 PROJECT SCHEDULE PHASE I Preliminary Engineering Report Complete Conditional Use Application Complete Capacity Analysis Report Review Meeting Draft Report Final Report Complete Complete Complete Odor Advisory Panel Complete PHASE II WWTP Disinfection System Design Report Preliminary Design Final Design Bid Services Construction Contract Admin. Detailed Observation Permitting/Approvals Complete Complete Complete Complete Complete Complete Complete Royal Palm Irrigation Pump System Design Report Preliminary Design Final Design Permitting/Approvals Complete Complete Complete Complete WWTP Design Report Review Meeting - Immediate Actions Review Meeting - Phased Expansion Preliminary Draft Report and Draft Permit Application Final Report and Final Permit Application Complete Complete Complete Complete SCHEDULE C page 1 of 4 PHASE II Reuse Master Plan Preliminary Draft Report Final Report Deep Injection Well Data Review & Design Analysis Design & Construction Permit Appl. Well Construction Testing Reports Operating Permit Appl. Reclaimed Water System Upgrades Design Report Preliminary Design Final Design Bid Services Construction Contract Admin. Detailed Observation SurveyingÆasements Permitting Startup Assistance Effluent Storage Expansion Design Report Preliminary Design Final Design Bid Services Construction Contract Admin. Detailed Observation Surveying/Easements Permitting Startup Assistance WWTP Design Preliminary Design Reclaimed Water PSÆlec. Bldg. Phase I Improvements Final Design Reclaimed Water PSÆlec. Bldg. Phase I Improvements Surveying Geotechnical Site Investigation SCHEDULE C 16 cl Not Required Not Required Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Not Required Not Required Not Required Not Required Not Required Not Required Not Required Not Required Not Required Complete Complete Complete Complete Complete Complete page 2 of 4 PHASE II WWTP Construction Phase Services Bid Services Reclaimed Water PSÆlec Bldg Phase I Improvements Construction Contract Administration Reclaimed Water PSÆlec Bldg Phase I Improvements Detailed Observation Reclaimed Water PSÆlec Bldg Phase I Improvements Startup Assistance Reclaimed Water PSÆlec Bldg Phase I Improvements PHASE III WWTP Design Preliminary Design Final Design Surveying Geotechnical Site Investigation Citizen Advisory Committee Permittingl Approvals Support Services Coordination with CIM WWTP Construction Phase Services Construction Contract Administration Detailed Observation PHASE IV WWTP Design Preliminary Design Final Design Surveying Geotechnical Site Investigation Permittingl Approvals WWTP Construction Phase Services Construction Contract Administration Detailed Observation Warranty and Support Services Wetlands Restoration SCHEDULE C t6 cl- Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Ongoing Complete Complete Complete Complete Complete Not Required Not Required Complete Complete Complete Complete Complete 1,170 days after Notice to Proceed 1,170 days after Notice to Proceed 365 days after Notice to Proceed 180 days after Notice to Proceed page 3 of 4 16 Cl PHASE V Flow Equalization Basin - Design Preliminary Design-Phase I Preliminary Design-Phase II Final Design-Phase I Final Design-Phase II Surveying Geotechnical Site Investigation Permitting! Approvals O&M Manual Startup and Training Operational Support Other Assistance Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Flow Equalization Basin - Construction Phase Services Construction Contract Admin - Phase I Complete Detailed Observation - Phase I Complete PHASE VI Data Review and System Analysis Design and Construction Permit Well ConstructionlT esting Data AnalysislReport Operational Approval Operation Permit Complete Complete Complete Complete 270 days after Notice to Proceed 360 days after Operational Approval SCHEDULE C page 4 of 4 __.~_~,_".,,--_.",,____.~,,___,__,.,__~"_,,,~'·M'___."'·"" ...,_.,,,._"_._~.___,._",~,__.,,,,_~~,,,,"."",.. '^ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE C4 (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only !!!k!: the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (Ust in routin order) 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item) Name of Primary Staff Pam Callis Phone Number 403-2359 Contact Agenda Date Item was 2/22/05 Agenda Item Number 16C4 Aooroved bv the BCC Type of Document Satisfaction of Lien & Resolution Number of Original 2 Attached Documents Attached Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other oarties exceot the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the Yes document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Yes signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip Yes should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of vour deadlines! INSTRUCTIONS & CHECKLIST I: Forms! County Forms! Bee Formsl Original Documents Routing Slip WWS Original 9.03.04 RESOLUTION NO. 2005 - 93 16 C4 Þat-lO:::ICI ÞOCI :z: 1:""'11 ('þ ....a .....a þIId c-t" .... ::0:0 :::0 ~::ø:=-:a~- .....0 _..... -a = ..... = ..... n -a '. ....= WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the : o >' Board of County Commissioners on September 19, 1994 adopted Resolution No. 94-668 ~ ~ A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS ..... .,... authorizing the recording of notices of liens for the delinquent solid waste collection and ~ disposal services special assessments for 1992; and ,., =.... * WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to ~ ~ : ----.... ..... t::J approve by Resolution and record in the Official Records a Satisfaction of Lien on all ~ ~- ~ ... .... c:r. .... ::r ..,þ accounts that have been paid in full. := :: -..:J .. ..... ..,þ :;;:~~ NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY ~ r;: c> ~ .,... :::ø COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County ~ ~ .. -a ~ (..0.> Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the: :: ~ ::0:0 ...... c:::> = nn 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the _.... g: ~ n..... t:"""txt·· following accounts numbered below, subsequent to the adoption of Resolution No. = ~ ~ ê..,þ 94-668, whereupon a lien had been recorded on real property pertaining to the accounts J! ~ identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: ~ * * * n ,., 0_ ...."n ..... - ..... en .... .... ..... ..... = = = == Account No. 10252 This Resolution adopted this~~ day of I-ËA¿w/tJLt/ ,2005, after motion, , second and majority vote. \ ~ >~ ' ." \ ¡ ., , A TTI;ST~:~.. ", DW~:MT~;'B~RO~K.;~~1ERK hLA . & '..;~ - ( J~~i<,':·.'.:···s . fiW........, W,,¿· I ~~~:")'I~tr t~. ~~ " Approved as 'fofPrm and legal S~ffi . : ~ ------I b"'Oavid C. W Ige( County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~W. ~ FRED W. COYLE, CHAI AN- Item # lLoC ± ~~:da d '-d-d-{)5 {. . This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3564744 OR: 3740 PG: 1436 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 02/24/2005 at 01:24PM DWIGHT B. BROCK, CLBRK RBC FBB 10.00 COPIBS 1.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BIT 7240 t6'C 4 Property Folio No. 00147960003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Quinn, David C=& Shiela T 2413 SW 5th AV Camas W A 986070000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 124825 N1/2 OF SE1/4 OF NE1/4 OF NW1/4 5 AC OR 743 PG 1546 Folio No. Project No. Account No. 00147960003 62000 10252 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this .2c:tIð day of ¡::Gl5klwA ¡hi ~ 2005. ATTEST: DW~GH-L~MQ,ÇK CLERK . "' ~·~D£. .'. ~- At t.~t ' ... ....~.~ '_ :~ r'IIIß' S -."'. stp,..tyr.... - fR j ApJno,ved á~ :f~"16r,ro.·· and al. ..../_____/ ~ David C. W Igel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~W. ~ FRED W. COYLE, CHAIRM ORIGINAL DOCUMENTS CHECKLIST & ROUTING sJþ C 5 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date List in rootin order) 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Pam Callis Phone Number 403-2359 Contact Agenda Date Item was 2/22/05 Agenda Item Number 16C5 Approved by the BCC Type of Document Satisfaction of Lien & Resolution Number of Original 2 Attached Documents Attached Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/ A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the Yes document or the final nesæ:otiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Yes sisæ:nature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip Yes should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! INSTRUCTIONS & CHECKLIST I: Forms! County Formsl Bee Formsl Original Documents Routing Slip WWS Original 9.03.04 RESOLUTION NO. 2005- 94 16 Cs A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 2000-236, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein is hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien in the official records of Collier County: Account No. 17828 This Resolution adopted this ot)dJ)day of r::Ef3120A ¡Q..y , 2005, after motion, second and majority vote. BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA ~W. BY: FRED W. COYLE, CHAIRM Item# I (QCS ~~~da d -d d--cf) Date Ò'Ô-<+1;f5 Rec'd ..... _.··.h_......_."'___"__"~,,._.,.__ ÞI:I.......n:::; ÞCI :z:: I:"-t n ..... .... ba C" - ::a :: --4 :=cJI =-: ~ ......0 -......... C>.... 0 I-i n..... .... :x: .... tJ:t o >- - ::a o-;¡ '=' :x: .... ~ o o ::a ::a C> .... ......n "-- 0 ...... ::a - '=' -- ...... '=' g .... c:.... "":::r <...; .........0 ......~u :¡;: 0 c: " .... I'. ~~ c: ....n :.: ¡;: c ~~ ~ ëš:·· =n .... g <.... ~~ ~ tJ:t <:> o.Þ ~...... c:: nn !'" ~ """cI n ::::; G"':I it:""" ÞII:I .... -- ,.. :>ooIn r-..,,:¡ gCJ""l ~c:::;) _-.:I t---a ;;! :>+ :>+ g~ ....n I-i -- en _ - - - <=> c::> C> <=> c::> o~_ *** 3565021 OR: 3740 PG: 2602 * RBCORDBD in OffICIAL RBCORDS of COLLIER COUKTY, fL 02/24/2005 at 04:01PM DWIGHT B. BROCK, CLERK RBC fBB 10.00 COPIBS 1.00 16 Cs This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Retn: CLBRK TO THB BOARD INTBROffICB 4TH fLOOR BIT 7240 Property Folio No. 52651240005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Filostin, Louis Ocepha Polite PO Box 2049 Immokalee, FL 341432049 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: JOYCE PARK BLK CLOTS 5 + 6 OR 1389 PG 571 Folio No. Project No. Account No. 52651240005 65000 17828 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~.,:¿t1day of Ft.:Æ¡¿~I/t¡2"¡ , 2005. '$~:¡; '::, .'. ':: !~5 .~ . A-r·I€~1;·,., I '~,i Dys11GHt E" BRÓCKrCLERK b~:~~.q(. and legal sufficiency íG/~7 y David C. eigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~ ..ll-<I ~ FRED . COYLE, éHA ORIGINAL DOCUMENTS CHECKLIST & ROUTING sLrJ. 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE C6 (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Oftice. The completed routing slip and original documents are to be forwarded to the Board Oftice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order) 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item. ) Name of Primary Staff Pam Callis Phone Number 403-2359 Contact Agenda Date Item was 2/22/05 Agenda Item Number 16C6 Approved bv the BCC Type of Document Satisfaction of Lien & Resolution Number of Original 2 Attached Documents Attached Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the Yes document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Yes signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip Yes should be proyided to Sue Filson in the BCC oftice within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! INSTRUCTIONS & CHECKLIST I: Formsl County Forms! BCe Formsl Original Documents Routing Slip WWS Original 9.03.04 16 C6 RESOLUTION NO. 2005- 95 A RESOLUTION APPROVING SATISFACTION OF LIEN FOR A CERTAIN ACCOUNT THAT HAS PAID IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official ecord Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 237, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein is hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien in the official records of Collier County: Account No. 3984 This Resolution adopted after this .ž'02<IiIJ-day of ¡::::£(3~L1J4iJ."¡, 2005 after motion, second and majority vote. ATTEST . -"'" '.: 'r~I$,'~. ~,\.; .~: ~.. /)3,<" ",~ DWI~TE,.BROGX>CLERK <. ~ "'. " ~ .. ' BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: '1u.L W. ~ FRED W. COYLE,CHAIR .a'r f'.. ... " ',. ",\~ /1 / '>~~ ~ (' ':'. ',_ \ .'~ Approved as'to form and legal sufficiency: ~I rD~~ County Attorney Item# \lot LD Agenda a....-q 0 {}; Date Date '),....... I I.....r<:::: Rec'd d~ txI.......O:::a' Þ --..;¡ c::>_= ...... .-:> ..;¡ .... ::r:: .... "'" = >- _ :0 ..;¡ t:::J ::r:: - I:-' C> C> :0=0 :0=0 ::::: ~ :. _C> :. ~ ~ >I _IX! ..... t:::J :§:..... (.....; .....:::1 (,J '"' ro- CT' <1' iif (,J c::> c: :':" ~ r-...; := ~ r--.....: ...,. .-:> :WI: ~ c:: ~ I:-' ::c ....... ÞØ .. Q IX! ::r:: .-:> ...;¡~ c.....; ~ ~ .-..,: "",oo-Þ :0...... c: = .-:> .-:> !'" g ~ .-:> ~ G":1 1:'"'4 bid .. .... :0 ,., ... .-:> r-...: gO'" ~c::: .:'" C-A;: ~ >II >II .-:> :0=0 >II C> .... ...,. .-:> ...... ....- "'" IX! .... -- __ c:> c:> c:> c:> c:> 0.(- This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3565023 OR: 3740 PG: 2604 **~ RECORDED in OFFICIAL RECORDS of COLLIER COURTY, FL 02/24/2005 at 04:01PK D~IGHT E. BROCK, CLERK DC FBE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 16 C6 Property Folio No. 56658280006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Langley, Charles T =& Shirley M 225 Bald Eagle Dr Marco Island FL 341453563 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Fifty Two Dollars and Seven Cents ($52.07) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MARCO BCH UNIT 1 BLK 12 LOT 9 Folio No. Project No. Account No. 56658280006 66001 3984 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thi~day of ¡::¡;-ßt<?L1/'¡¡¿'-/,2005. ,(. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~W. ~ FRED W. COYLE, CHAI RMA - ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIi 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE C7 (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # 1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in roulin order) 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee ehairman's signature are 10 be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Pam Callis Phone Number 403-2359 Contact Agenda Date Item was 2/22/05 Agenda Item Number 16C7 Approved by the BCC Type of Document Satisfactions of Lien Number of Original 8 Attached Documents Attached Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency, (All documents to be Yes signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the Yes document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Yes signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip Yes should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! INSTRUCTIONS & CHECKLIST I: Fonnsl County Formsl Bee Formsl Original Documents Routing Slip WWS Original 9.03.04 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 . til'PC! 6 c 7 caUNTt>, 9(rHt ? A7! U9N[v I. n"~J' ' 'vJ ¡LA¡ ") c: 6 þ)." . I '¡ 2: 4 () SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: John L. Becraft and Cheryl A. Becraft, Husband and Wife Whose mailing address is 1110 Coconut Cir. Naples, FI 33942 Bearing the date of the 5th day of November 1991, recorded in Official Record Book 001660 Page(s) 001760, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Two Hundred Fifty Nine Dollars and Sixty-six Cents ($1,259.66) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 7, BLOCK C, COCONUT GROVE, UNIT NO. 1 ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 69, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 26581200002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. Þ1....... ~ ::::ø 1>4 :z: .,.. ... ~.... Þd C"'"t'" ....::>Ø =- --a :=ø ~ ... ...... 0 __o-iI = _ C> ..... ~o-iI ....::>:: Þd "'" o >- _::>Ø o-iI= ::>:: .... .,.. o o ::>Ø ::>Ø ~~ :>Eo _0 :>Eo ~ ¡g :>Eo --, .... ......= ~ ......~ <..A.JI '-" =- <...T1 ... C'T CJ"'II C'T ~" <...T1 = ....--. ~~o.Þ ~~ I"'....:Þ >-~ :&: ;;;: c::::> ~ 0:- :::c ....... þØ .- CO> Þd ::>::~ o-iI ~ (..0..) ~ g -..J "'" C> ,.þ ::>Ø ...... <::::1 o ~~ !'" g ~ n :::: G") I:"""ÞdI·- .... ::>Ø ::>Ø ....~ c:......: gc:......: ~c:::: -:<' I:'-: :;:! :>4 :>4 :>4 n::>Ø 0.... ... n ..... ....- en .... .... - -= = = = = The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District acting through its Chairman, directs execution and recording of this Satisfaction of q~n~ ,bYoéièri:OD of the Board this ..t:lðiD day of F¿;/3¡'¿u,lfi:-t../ , 2005. ," .~.:., ~""'::,._~'''''~.:.-'j..;\..'''.", \. ',,'" ..,,~. I, , ,:.À'T·T.ij~'f:' "··'.'t': BOARD OF COUNTY COMMISSIONERS' ""ÓW~Grlrr'.E:eRQçK, CLERK ..} COLLIER COUNTY, FLORtDA;ASTHE ' ~'~..' ~-W:' ." .'~¡ ~'J": :. GOVERNING BODY OF C.otUER. " : ~ ' . . ( . COUNTY AND AS EX-OFÈIÚIÖ THE . .. .. " '.: : .". ...' . . -' ~ ;~=ii~1'nn t=~~al ~g~~~~I~~~~R~~~~:~~?~2~~ ~ ~ ~W. r ~'O:" 1;D!.v,;; c. ~~ FRED w. COY~LtGHAIFi':.<ír"'; COUNTY ATTORNEY t N ~ 'to - Item# tGC'l ... . ~~~;da a - Jd-as Date J-dSt5 Rec'd Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3565143 OR: 3740 PG: 3303 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/25/2005 at 08:36AK DWIGHT E. BROCK, CLBRK RBC FEE 10.00 COPIES 1,00 Retn: CLERK TO THE BOARD INTEROFPICE 4TH FLOOR EIT 1240 16 C7 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Ronald G and Mary Lou Bowers Whose mailing address is 11008 Palmwood Cir Hagerstown, Md 21742 Bearing the date of the ih day of September 1999, recorded in Official Record Book 2589 Page(s) 0903, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GULF-WINDS EAST CONDO, UNIT 1 APT C-102 FOLIO NUMBER: 48481520006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, ;",:;,'JII,*j,ga, and as Ex-Officio the Governing Board of the Collier County Water-Sewer . ,).':.:~;::,'·~~~i~,acting.through its Chair~an directs exe~tion and recording of this Satisf~qt¡i,<?n ,";V.··· ;"}:"'\Oft:{~~:actlonoftheBoardthls....t~~ dayofJ..£A£t-/;fK(,,! ,2005. ,~:.. ' , . AÌXEš:Tf :~: ·~,.OWIG.m"E. BROCK, CLERK "'J'\%;:"~~~f~to ~o.( "'sttøtwt 0I1Je Approved as to form and legal ~~~ 'tt"DAVID C. . IGEL COUNTY ATTORNEY BOARD OF COUNTY COMMtS$IONERS .t,. ,,_ ~ COLLIER COUNTY, FLORlDA,:ASTHE GOVERNING BODY OF C.OLUER COUNTY AND AS EX-OFF.~G10 THE GOVERNING BOARD OF f-!-fE COLLIER COUNTY WATER-SEWER t11STRICT .,~ ,.', ,:)! .~.- \,'~ "".~;'>~~" I ~\\\\\'.. -, ~WG ~ FRED W. COYLE, CHAIRM~ Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 3565144 OR: 3740 PG: 3304 RECORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 02/25/2005 at 08:36AK DWIGHT B. BROCK, CLBRK RBC FBB 18.50 COPIBS 2.00 Retn: CLBRK TO THE BOARD INTBROFFICB 4TH FLOOR BIT 7240 16 G7 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Gary J. and Joan A. Cafferelli, Husband and Wife Whose mailing address is 851 Manatee Road Naples, FL 34114 Bearing the date of the 18th day of August 1999, recorded in Official Record Book 2582 Page(s) 2987, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Seven Hundred Dollars and No Cents ($1,700.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 28, BLOCK B, RIVERWOOD UNIT NO.2, AN UNRECORDED PLAT, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A POINT BEARING NORTH 89 20' 26" WEST AND A DISTANCE OF 189.00 FEET FROM THE SOUTHEAST CORNER OF LOT 14, BLOCK B, RIVERWOOD UNIT NO.2, AS RECORDED IN PLAT BOOK 10, AT PAGE 90, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00 39' 34" WEST 110.00 FEET TO THE NORTH RIGHT OF WAY LINE OF COUNTY ROAD 31, THENCE ALONG SAID RIGHT OF WAY LINE THENCE ALONG SAID RIGHT OF WAY LINE NORTH 8920' 26" WEST 62.69 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE, NORTH 02 28 34" EAST, 110.50 FEET; THENCE SOUTH 89 20' 26" EAST, 59.20 FEET TO THE POINT OF BEGINNING. THE NORTHERLY 6 FEET RESERVED FOR A UTILITY EASEMENT. TOGETHER WITH 1978 ELDORADO MOBILE HOME I.D. NOS. 04869A AND 04869B; TITLE NOS. 173556053 AND 173556086. FOLIO NUMBER: 00735240009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this.2~LV/) day of Pt?ßAvIAlh¡ ,2005. ATTEST: co. ~'~lj .~J.},. DWIGHT E. BROGK;~.ç.I::E'RK.-::;:~?" b <."..' ',,0. J . . . ( f xxx OR: 3740 PG: 3305 xxx BOARD OF COUNTY COMMISSlgIIll.:Q,,!!, C 7 COLLIER COUNTY, FLORIDA~,'A'S..(r.I4E . "< . GOVERNING BODY OF co~.ti~. .' . . COUNTY AND AS EX-OFFLeIÖ r'He' GOVERNING BOARD OF TItE C01;.UER COUNTY WATER-SEWER;bfsTRfCT , ~ c~ 'u '1uL w. " Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 3565145 OR: 3740 PG: 3306 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 02/25/2005 at 08:36AM DWIGHT E. BROCK, CLERK REC FBE 18.50 COPIES 2.00 Retn: CLERK TO THB BOARD INTEROPPICE 4TH FLOOR BXT 7240 16 C7 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Reid L. & Marjorie S. Elcessor Whose mailing address is 400 Fox Haven Dr. Apt. 4109 Naples, FI 34104 Bearing the date of the ih day of June 1999, recorded in Official Record Book 2555 Page(s) 1188, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. G-302, OF GULFWINDS EAST, A CONDOMINIUM, AS RECORDED IN THE CONDOMINIUM PLAT BOOK 4 AT PAGES 153-154, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH THE PRO-RATA INTEREST IN THE COMMON ELEMENTS, AND COMMON PROPERTY, OF THE CONDOMINUM AND LIMITED COMMON ELEMENTS APPURTENANT THERETO, MORE PARTICULARLY DELINEATED AND IDENTIFIED IN THE DECLARATION OF CONDOMINIUM OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN O.R. BOOK 508 AT PAGES 165 THROUGH 224, INCLUSIVE, AS COMPLETELY AMENDED IN O.R. BOOK 939, PAGES 1170 THROUGH 1236, AND AS AMENDED BY THE FINAL SURVEYOR'S CERTIFICATE AND OTHER AMENDMENTS THERETO. FOLIO NUMBER: 48485440001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this..G..tNò day of FE8¡¿/-flflf?i ,2005. " "" ' ,: oF (.:.' f ~i " .'\>.:~.' ;....~ " ~ - . ,:..>: Pt"if.T'È!$1:,. _', ~~~;rr¿t~::::~( - .V,~í.~~~~~ b(.1.......s . Áp~1~ t8lt!l~ and legal ~u¿~ COUNTY ATTORNEY ".t,\\i¡Ull!ltlr 16 <,... ',' I" _ ') .', ~ . '1,; I;, ~~..., .t~,. ~. . ~: C7 BOARD OF CQ4NTY COMMISSI9N~S COLLIER COLlNTY, FLORIDA, t\S T~ GOVERNING BODY OF COLLIER" ~ COUNTY AND:~S.EX-OFFICIO ThiEl: GOVERNING B~RD OF THE.ÇQLlIER COUNTY WATER::s.EWER'DfSJR'1'CT -: ,", . n; " ~w.~ FRED W. COYLE, CHAIR *** OR: 3740 PG: 3307 *** Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 3565146 OR: 3740 PG: 3308 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/25/2005 at 08:36AM DWIGHT E. BROCK, CLERK REC PEE 18.50 COPIES 2.00 Retn: CLERK TO THB BOARD INTBROFPICB 4TH PLOOR BIT 7240 16 C7 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Joe V. Gioffre and Mary Gioffre, husband and wife Whose mailing address is 1821 E Cooke Rd Columbus, Ohio 43224 Bearing the date of the 2ih day of July 1999, recorded in Official Record Book 2574 Page(s) 2676, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. F-307 OF GULF WINDS EAST, A CONDOMINIUM AS RECORDED IN CONDOMINIUM PLAT BOOK 4 AT PAGES 153-154, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH THE PRO-RATA INTEREST IN THE COMMON ELEMENTS, AND COMMON PROPERTY, OF THE CONDOMINIUM AND LIMITED COMMON ELEMENTS APPURTENANT THERETO, MORE PARTICULARLY DELINEATED AND IDENTIFIED IN THE DECLARATION OF CONDOMINIUM OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN O.R. BOOK 508 AT PAGES 165 THROUGH 224, INCLUSIVE, AS COMPLETELY AMENDED IN O.R. BOOK 939, PAGES 1170 THROUGH 1236, AND AS AMENDED BY THE FINAL SURVEYOR'S CERTIFICATE AND OTHER AMENDMENTS THERETO. FOLIO NUMBER: 48484800008 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this...1A"t.1& day of PElLe u/} ¡Pi ' 2005. ATTEST: "c:"" , . ,) DWIGHT E. BROg¢, ët'rltì.~··,", ~"" . .,.:.~. '~~. ":':. . L;t""'\ ( ,~, , *** OR: 3740 PG: 3309 *** 16 C7 "'.. '. c: S\'.. ~:- BOARD OF COUNTY COMMI$~NERS COLLIER COUNTY, FLORIDi, A$ THË GOVERNING BODY OF cOliJËR:i" COUNTY AND AS EX-OFFIG1G THE;·;. :.: GOVERNING BOARD OF THtþOLi.JER ", ~ COUNTY WATER-SEWER Df$r'-RJGT ,~":, . '1uJ.- W. ~;"~";,,;,,;,,,,,,/ FRED W. COYLE, CHAIRMAN Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 3565147 OR: 3740 PG: 3310 RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL 02/25/2005 at 08:36AM DWIGHT B. BROCK, CLBRK RBC PBB 18.50 COPIBS 2.00 Retn: CLBRK TO THB BOARD INTBROPFICB 4TH FLOOR 16 BIT 7240 C7 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Jeffery B. Johnston and Nancy A. Johnston, husband and wife Whose mailing address is 3645 Roberta Drive Toledo, Ohio 43614 Bearing the date of the 6th day of October 1999, recorded in Official Record Book 2598 Page(s) 3033, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. C-301 GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN CONDOMINIUM PLAT BOOK 4 AT PAGES 153-154, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH THE PRO-RATA INTEREST IN THE COMMON ELEMENTS AND COMMON PROPERTY OF THE CONDOMINIUM AND LIMITED COMMON ELEMENTS APPURTENANT THERETO, MORE PARTICULARY DELINEATED AND IDENTIFIED IN THE DECLARATION OF CONDOMINIUM OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 508, AT PAGES 165 THROUGH 224, INCLUSIVE, AS COMPLETELY AMENDED IN OFFICIAL RECORDS BOOK 939, PAGES 1170 THROUGH 1236, AND THE FINAL SURVEYOR'S CERTIFICATE AS RECORDED IN OFFICIAL RECORD BOOK 942, PAGES 52 THROUGH 56 OF THE PUBLIC RECORDS OF COLliER COUNTY, FLORIDA. FOLIO NUMBER: 48482040006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ;2;(.MJ day of F~d/f12 'i, 2005. . " ATTEST: /<). , " ",', DWIGHT E. BROcK,.'cLej:u( ,-' ~;fklA~C. AttMt ~ ~~i·~~:s. Approv~9ft at¡perrOÐ~lf.legâJ suffi . ~ *** OR: 3740 PG: 3311 *** 16 C? ..\'.''.~',~';?f~~ I~'l . ., ~ , " '\:..', ,..~, BOARD OF COUNTY CO~I'ONERS COLLIER COUNTY, FLO¡q!ý5A, AS THE GOVERNING BODY OF. COLLIER COUNTY AND AS EX-OF¡;'ICIŒ1HE GOVERNING BOARD OF THE ÇOLLlER COUNTY WATER-SEWERDISTRICT ~"'''''é,,~/-; ',;,', ' ., '-''¡~ j. " .~..' ~W. ,."",., FRED W. COYLE, CHAIRMAN -, Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3565148 OR: 3740 PG: 3312 *** RBCORDBD in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/25/2005 at 08:36AM DWIGHT E. BROCK, CLBRK REC FEE 10.00 COPIES 1.00 Retn: CLBRK TO THE BOARD jf INTEROFFICB 4TH FLOj! ~ BIT 7240 C7 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: George S. Korakas and Melanie D. Korakas, Husband and Wife Whose mailing address is 150 Sugarloaf Ln Naples, FI 34114 Bearing the date of the 5th day of November 1999, recorded in Official Record Book 2608 Page(s) 2689, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 55, WEST WIND MOBILE HOME ESTATES, A CONDOMINUM AS MORE FULLY SHOWN IN OFFICIAL RECORD BOOK 630, PAGES 1883 THROUGH 1932, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS AMENDED; TOGETHER WITH ALL UNDIVIDED INTEREST IN THE COMMON ELEMENTS OR SURPLUSES ACCRUING TO SAID PROPERTY FOLIO NUMBER: 81622200003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District,ac1ir;¡g through its Chairman, directs execution and recording of this Satisfaction of l;ie,h,~by'â¢:tion of the Board this~.&tÐ. day of F¡;;-é3£2ü,¡ftJ-t-l, 2005. - . , '·-:"~-~·I ,. , . . ',,}\mST: ' . ". :':'''OWIGHT'E. BROCK. CLERK .." .. , . Att'Îi';;ø, :, s1QRatwre 1J. Approveð as to form and legal suffici _____-.--') .( .. BOARD OF COUNTY COMMISSIONERS~ COLLIER COUNTY, FLORIDA, AS tHE '... GOVERNING BODY OF COLUÈ'R COUNTY AND AS EX-OFFIGIÒ THS·. GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER GIŠrnlCT ." - ~'- .. ~~;....Io '-. ~w. Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3565149 OR: 3740 PG: 3313 **1 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 02/25/2005 at 08:36AM DWIGHT B, BROCK, CLBRK RBC FBB 10,00 COPIBS 1.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR I 6 BIT 7240 C7 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Rita R. Sanchez., a single woman Whose mailing address is 5409 Martin Street Naples, FL 34113 Bearing the date of the 2ih day of June 1997, recorded in Official Record Book 2326 Page(s) 1865, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Two Thousand One Hundred Dollars and Forty Nine Cents ($2,100.49) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 34, BLOCK 12, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT THREOF, OF RECORD IN PLAT BOOK 3, PAGE 67, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 62101320009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien,~y'¡f}ff~je,? of the Board this~,2A0- day of !=¡;"I.!>;(!.úJ'JK1, 2005. :'¡,~.~ ~;fC.¡l{I'.".. .....' . ,- ,", . " A TT~.::¡rT:···· <. "~" ..;':.;.,. DWIG'F;i.T Ë;, BRÖœ:~LERK ~.., .,:~ _ ..~ ',,' " ' .." ',_ -'." L .... " .. " " ~','. - - ,. -. - 10(. BOARD OF COUNTY COMMIS~~~S COLLI ER COUNTY, FLORI Dt,., 'AS: :THE GOVERNING BODY OF COI-UER COUNTY AND AS EX-OFFleIO Tr{£: GOVERNING BOARD OF n-~ COLLIER COUNTY WATER-SEWER fifsTfllCT ~,' \ ~ - . r ~w. ORIGINAL DOCUMENTS CHECKLIST & ROUTING suJ 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE CB (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order) 2. 3. 5. Sue Filson, Executive Manager ----------- Board of County Commissioners 4. PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item) Name of Primary Staff Pam Callis Phone Number 403-2359 Contact Agenda Date Item was 2/22/05 Agenda Item Number 16C8 Approved by the BCC Type of Document Satisfaction of Lien Number of Original I Attached Documents Attached Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate, (Initial) Applicable) l. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the Yes document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Yes signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip Yes should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! INSTRUCTIONS & CHECKLIST I: FonnsJ County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 3565029 OR: 3740 PG: 2646 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUH1Y, PL 02/24/2005 at 04:05PK DWIGHT B. BROCK, CLBRK RBC FBB 18.50 COPIBS 2.00 Retn: CLBRK TO THB BOARD INTBROFPICB 4TH FLOOR BIT 7240 16 C8 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Edward R. Galli P.O. Box 1222 NAPLES, FL 33939 The Lien was recorded on 27TH day of July 1999, in Official Record Book 2083, Page(s) 0908, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Thousand Five Hundred Dollars and No Cents ($2,500.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: DESCRIPTION OF LAND IN THE NORTHWEST CORNER OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST OF COLLIER COUNTY, FLORIDA, MORE PARTICULARY DESCRIBED AS: PARCEL E COMMENCING AT THE NORTHWEST CORNER OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID SECTION 11, AS SURVEYED, NORTH 89°25'20" EAST, 309.35 FEET FOR A PLACE OF BEGINNING: THENCE CONTINUING ALONG SAID NORTH LINE OF SECTION 11, AS SURVEYED, NORTH 89°25'20" EAST, 160.00 FEET; THENCE SOUTH 00°10'36" EAST, 307.92 FEET; THENCE SOUTH 89°25'20" WEST, 160.00 FEET; THENCE NORTH 00°10'36" WEST, 307.92 FEET TO THE SAID NORTH LINE OF SECTION 11, AS SURVEYED AND THE PLACE OF BEGINNING. SUBJECT TO AN INGRESS, AND EGRESS EASEMENT OVER THE WESTERLY 30.00 FEET AND THE SOUTHERLY 30.00 FEET. BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 11, AS SURVEYED, AS BEING NORTH 89°25'20" EAST. TOGETHER WITH AN 60.00 FOOT EASEMENT FOR INGRESS AND EGRESS AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR 1067, PAGE 493. AS DES RIB ED IN THAT DOCUMENT RECORDED IN OR BOOK 1067, PAGE 491 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 00254240001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. *** OR: 3740 PG: 2647 *** The Clerk of the Circuit Court is hereby directed to record this Satisfactiot 9LienC 8 in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this)!~t£'bday of f¡;fJI2i-14/?'( ,2005. ATTEST: DWIGHT ¡:;,..B.~OCK, CLERK t),:, ":~:'!;:' ()( - BOARD OF COUNTY COMMIS$I~N8RS COLLIER COUNTY, FLORIDA·; .1-\S t.tHE. GOVERNING BODY OF COLGI€H COUNTY AND AS EX-OFFICIO THE GOvtRN'i~'BOA'RD OF·. THE COLLIER COUNTY ""Aí~RiSEWER ~'. DISTRICT : :. :^ìt,ut &5 \:hì , A~~rov!~ø:~o~11~d Leºª,; .s.~ff~jeo~:·' . ~ :., . . "A/~ I . /-- DAVID C. EIGEL COUNTY ATTORNEY " .. .... .., ./~ " ,..- . '1uJ- W. ~';';:':::"""/ FRED W. COYLE, CHAIRMAN Item# !~ ~~~;da a "d-ð115 ~:~~d ô~ .t ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 L C 9 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATuIuO Print on pink paper. Attach to original document. Originat documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exceDtion of the Chairman's siiZÍlature, draw a line through routine: lines #1 throue:h #4, comDlete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routine: order) 1. 2. 3. 4. Scott Teach County Attorney SRT 03/15/05 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Kelsey Ward, Contract Administration Phone Number 774·8949 Contact Mana2er Agenda Date Item was February 22, 2005 Agenda Item Number 16.C.9. Approved bv the BCC Type of Document #05·3681 Number of Original Five (5) Attached Documents Attached Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the SRT document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip N/A SRT should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on Februarv 22. 2005 and all changes made SRT during the meeting have been incorporated in the attached document. The County Attorney~s Office has reviewed the chanl!es, if annlicable. INSTRUCTIONS & CHECKLIST 1: Fonnsl County Fonnsl Bee Fonnsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16C9 . ..)0, MEMORANDUM DATE: March 16, 2005 TO: Kelsey Ward Purchasing FROM: Linda A. Houtzer Minutes and Records RE: Contract #05-3681 "Fixed Term Instrumentation and Controls (I&C) Engineering Services" with: Camp Dresser & McKee, Inc. Carollo Engineers, P.C. RKS Consulting Engineers, Inc. Hazen & Sawyer, P.C. Enclosed please find three (3) each of the four (4) original documents, as referenced above (Agenda Item #16C9), approved by the Board of County Commissioners on February 22, 2005 Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have their copies. If you should have any questions, please contact me at: 774-8411. Thank you. Enclosures 16C9 . .~ I'll : . :.:.L ""..... Contract # 05-3681 "Fixed Term Instrumentation and Controls (I & G) EngJneering . Services" THIS AGREEMENT is made and entered into this :1). .¿ day of {;¡ ~t JC\ \- Y 2005, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and (hereinafter referred to as the "OWNER") and Camp Dresser & McKee, Inc., a Massachusetts Corporation, authorized to do business in the State of Florida, whose business address is 9311 College Parkway, Suite 1 Fort Myers, FL 33919 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, the OWNER desires to obtain professional Instrumentation and Controls (I & C) Engineering services of the CONSULTANT concerning work and/or the improvement of areas within the operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $300,000, and the maximum annual contract amount for all Work Orders issued under this Agreement shall not exceed $3,000,000. Work Order assignments in excess of $300,000 shall be approved by the Board of County Commissioners. WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required by the OWNER. NOW, THEREFORE, in consideration of the promises and the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 16C9 .' 1.1. CONSULTANT shall provide to OWNER professional I & C Engineering services in all phases of any Work Order to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are those set forth in this Agreement and Work Orders prepared and issued by the OWNER and executed by the parties hereto subsequent and pursuant to execution of the Agreement. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five (5) calendar days after receiving its Notice to Proceed under an executed Work Order. The Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided 2 16C9 .~ and performed under this Agreement and a Work Order. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Work Manager under the Work Order shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to such Work Order and this Agreement. The CONSULTANT agrees that the Work Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Work Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Work Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these -3- ----- requirements, the CONSULTANT shall notify the OWNER of such conflict and ulz6J~,~ professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OWNER professional evaluations of the OWNER'S work budget. The evaluations and opinions shall be delivered to OWNER in accordance with the following schedule: (a) The professional evaluations of the OWNER's work budget shall be delivered with the report to be furnished by CONSULTANT as part of the Scope of Services. 1.10. Evaluations of the OWNER'S budget, prepared by the CONSULTANT represent the CONSULTANT'S best judgment as an experienced and qualified professional I & C Engineering consultant. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule A. The following services shall be Additional Basic Services: -4- 2.1. 1600 Preparation of applications and supporting documents (except those air eLbai' furnished under this Agreement) for private or governmental grants, loans, bond issues or advances'. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. -5- 2.7. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office or local travel as defined herein., 1-" (' 0 . .¿,. :'" ; tJ / 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the work (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a work coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement and a particular Work Order (hereinafter referred to as the "Work Coordinator"). The Work Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the work. However, the Work Coordinator is not authorized to issue any verbal or written orders or -6- instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: 16 C 9 (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Work Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. -7- 3.3. CONSULTANT acknowledges that access to any work site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSUL TANT. 16C9 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights-of-way, or other property rights required for the work and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. The period of service shall be from the date of execution of this Agreement through one (1) year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. 4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the project established by a Work Order and shall be performed and completed in accordance with such Work Order. Time is of the essence with respect to the performance of this Agreement. 4.3 Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. -8- 1609 4.4. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's dervices from any cause whatsoever, including those for which" OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within two (2) calendar years of a Notice to Proceed, the CONSULTANT's compensation may be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of the two year period, plus all time extensions granted by OWNER to CONSULTANT. 4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. The COUNTY will compensate the CONSULTANT for the services performed on each Work Order in accordance with a negotiated lump sum, cost plus fixed fee, or established hourly rate as provided in Schedule A attached hereto. -9- 5.2. Subcontractual services, if any, shall be invoiced by the CONSULTANT atlÓcCa9 fees paid by the CONSULTANT. 5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.3.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, Florida Statutes, and fees paid for securing approval of authorities having jurisdiction over the Work Order. 5.3.2. Expenses of reproductions, postage and handling of Drawings and Specifications including duplicate sets at the completion of each Work Order for the County's review and approval. 5.3.3. Expense of overtime work requiring higher than regular rates, when authorized by the County. 5.3.4. Expense of models for the County's use. 5.4. Total compensation for all services and expenses shall not exceed the limit listed upon each Work Order without written approval. 5.5. Total initial compensation for all services and expenses shall not exceed $300,000 per Work Order and the maximum annual contract amount for all Work Orders issued under this Agreement shall not exceed $3,000,000. Work Order assignments in excess of $300,000 shall be approved by the Board of County Commissioners. -10- 16C9 5.6. Payments for Basic Services, Additional Basic Services, Subcontractual Services, and Reimbursable Expenses as defined in Section V, shall be made upon presentation of the CONSULTANT's County-approved itemized invoice. 5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic Services on the Work Order shall be kept on a generally recognized accounting basis and shall be available and provided to the County with submittal of invoices. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the work is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. -11- 16C9 ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1 . ARTICLE NINE INSURANCE 9.1. During the life of the Agreement (and until final acceptance by Owner for work performed under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and maintain, with companies satisfactory to the OWNER, the type and amounts of insurance described herein and on Exhibit B. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and/or responsible risk retention group insurance companies registered with the State of Florida. Promptly after written Notice of Award is issued by the OWNER, the insurance coverages and limits required must be evidenced by properly executed Certificates of Insurance on forms which are acceptable to the OWNER. The Certificates must be personally, manually signed by the Authorized Representatives of the insurance company/companies shown on the Certificate with proof that he/she is an authorized representative thereof. In addition, certified, true and exact copies of all insurance policies required shall be provided to the OWNER, on a timely basis, if required by the OWNER. These Certificates and policies shall contain provisions that thirty (30) days written notice by registered or certified mail shall be given to the OWNER of any cancellation, intent not to renew, or reduction in the policies' coverages, except in the application of the -12- Aggregate Limits Provisions. In the event of a reduction in the Aggregate Limits of lb,~ 9 the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the full extef,t per-mitted under such policy. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-insurance program carried by the OWNER applicable to the Work. 9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance coverages and limits required in this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been met or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of this Ag reement. 9.3. No work shall commence unless and until the required Certificates of Insurance are received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER. 9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving any work CONSULTANT shall procure and maintain insurance of the types and to the limits specified in Schedule B entitled "Insurance Coverage", which is attached hereto and made a part hereof. CONSULTANT shall require each of its subconsultants and subcontractors to procure and maintain, until the completion of that subconsultant's or subcontractor's work, insurance of the types and to the limits specified in Schedule B, unless such insurance requirement for the subconsultant or subcontractor is expressly waived in writing by the OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in writing to OWNER that CONSULTANT's existing coverage includes and covers the subconsultants and subcontractors for which a waiver is sought, and that such coverage is in conformance with the types and limits of insurance specified in Schedule B. All liability insurance policies, other than the Professional Liability, Worker's Compensation and Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this Agreement shall name OWNER as an additional insured as to the operations of the -13- CONSULTANT under this Agreement and the Contract Documents and sha,lc0.C 9 severability of interests provisions. 9.5. If any insurance provided pursuant to this Agreement expires prior to the completion and final acceptance by Owner of any works, performed hereunder, renewal Certificates of Insurance and, if requested by Owner, certified, true copies of the renewal policies shall be furnished by CONSULTANT thirty (30) days prior to the date of expiration. 9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of its rights under this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. -14- ARTICLE ELEVEN WAIVER OF CLAIMS 16C9 '" 11.1. CONSULTANT's acceptance of final payment under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the work, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and -15- CONSULTANT's remedies against OWNER shall be the same as and limited to thol &,C.9 CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for -16- "_.....~---- CONSULTANT, any fee, commission, percentage, gift or any other consideratiof c~t~g2 upon or resulting from the award or making of this Agreement. .... 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule C, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. -17- 16C9 ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department 3301 Tamiami Trail East Naples, FI. 34112 Attention: Purchasing Director 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: Camp Dresser & McKee, Inc. 9311 College Parkway, Suite 1 Fort Myers, FL 33919 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. -18- 17.3. This Agreement is not assignable, or otherwise transferable in CONSULTANT without the prior written consent of OWNER. whole or 1 ,~9 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 25 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, RFP #05-3681- "Fixed Term Instrumentation and Controls (I & C) Engineering Services", Consultant's Fee Schedule "A", Insurance Coverage Schedule liB", Truth in Negotiation Schedule "C". ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or -19- arising out of this Agreement must be brought in the appropriate Florida state cout ift~e~ County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Fixed Term Instrumentation and Control (I & C) Engineering Services the day and year first written above. ATTEST: . ~:,. tJ:I;t,\F; .}., DWi~t:t:~.·:Br6c~::~.t~.; ~ M~ By' t·,"> "', ,/~,' ;~ ''/L) ,lr Dat ;>;~, liS '4iI' :,11 Attest '~'i""tJ ,~ . S 1......'.1, .", ,"~,:" ",' " Approved as~õ form-and Ie a~ S¡;Žl L oU R. Teach Assistant County Attorney BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Fre~I~~h~ Camp Dresser & McKee, Inc. By: 9~j~ (Type name): Julie Faircloth By~~~~¢-t¿J-~<' (Type name): Lisa LatkowRki ~.~- By: áJ. J ¡,...-'> (Type name): . Kirk t.Martin (Title): Associate Witnessed: (CORPORATE SEAL) Item # ¡he. c¡ ~~:da &Z).115 -20- SCHEDULE A 16C9 Collier CG~unty Standard Fee Schedule RFP 05-3681 "Fixed Term Instrumentation 8&. Controls (I8&.C) services" Professional fB Principal (Partners and Associates) $160.00/hr $14S.00/hr Senior Design Engineer/ Chief Engineer/Senior I & C Specialist Senior Project Manager/Construction Manager/ Senior I & C Engineer $130.00/hr Project Manager/Senior Engineer/Senior Planner/ I & C Engineer $l1S.00/hr Senior Inspector/Design Technician $9S,OO/hr $8S,OO/hr $7S.00/hr $70,OO/hr $60,OO/hr $SO.OO/hr Engineer III Engineer II/Senior Designer Engineer I/Designer/Planner Inspector/Senior Technician Technician SUDport Clerical, other support $SS,OO/hr $4S,OO/hr Administrative Assistant, Secretary This list is not intended to be all-inclusive. Hourly rate fees for other categories of professionals and/or specialists, support and other services shall be mutually negotiated by the County and firm on a project by project basis as need END OF SCHEDULE A -21- 16C9' SCHEDULE B INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Insurance shall be maintained by the Contractor/Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) X $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance -22- "_,~.._._._~"___o. 1 () by the Owner of the work under this Agreement. Limits of Liability shall not be less ~aÇthi following: (check one) ---1L General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. AUTOMOBILE LIABILITY INSURANCE shall be maintained by the Contractor I Consultant / Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: (check one) ---1L Bodily Injury & Property Damage - $ 500,000 PROFESSIONAL LIABILITY INSURANCE shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than ---1L $1,000,000 each claim and in the aggregate -23- (2) Any deductible applicable to any claim shall be the sole Consultant/Professional and shall not be greater than $50,000 each claim. respolb& G ge ... (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE B. -24- ACORDT. ( / THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE PRODUCER Aon Risk services, Inc. of Massachusetts 99 High Street Boston MA 02110 PHONE. (866) 266-7475 FAX - (866) 467-7847 INSURED camp Dresser & MCKee Inc. One cambridge place 50 Hampshire Street cambridge MA 021390000 USA COMPANY A zurich American Ins Co COMPANY 8 Lloyd's of London ¡,: .. S ... = .. "c:; - ... .. "c:; õ = COMPANY C COMPANY o THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY En'EcnVE l'OLlCY EXPIRATION DATE (MM/I}()/YY) DATE (MM/DI)IYY) LIMITS FIRE DAMAGE(Any one fire) $1,000,000 $1,000,000 $1,000,000 $1,000,000 $100,000 $10,000 IJ'\ IJ'\ o IJ'\ M '" N .-I o o .... IJ'\ A GENERAL LIABILITY GL08376632-09 Commercial General Liability 01/01/05 01/01/06 GENERAL AGGREGATE PRODUCTS - COMP/OP AGG PERSONAL & ADV INJURY EACH OCCURRENCE X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 125] OCCUR OWNER'S & CONTRACTOR'S PROT A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS BAP8376631-09 BUSINESS AUTO COVERAGE 01/01/05 01/01/06 COMBINED SINGLE LIMIT $1 ,000,000 Q Z .. ... '" (j ¡.= t! .. u MEO EXP (Anyone person) BODILY INJURY ( Per person) SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) PROPERTY OAMAGE ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE OTHER THAN UMBRELLA FORM A WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: WC8376633-10 WORKERS COMPENSATION 01/01/05 01/01/06 EXCL EL DISEASE-POLICY LIMIT EL DISEASE-EA EMPLOYEE $1,000,000 $1,000,000 X INCL B 823/QK0501367 ARCHITECTS & ENGINEERS E&O 01/01/05 01/01/06 Each claim/Aggregate $1,000,000 _ ~ ~ õI-!! ~ waiver of oõII- :-¡¡;: ..... ---- ~ ~ ¡¡¡::;; ¡Ç;; ~ ~ r-- g: ~ ~ - X Archi t&Eng prof DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlSPECIAL ITEMS project: Contract 05-3681, Fixed Term Instrumentation and Controls (I&C) Engineering services Collier county, Florida is included as Additional Insured with respect to General and Auto Liability. subrogation applies to workers compensation only. This coverage is primary and non-contributory. CeR'nFlCA"Æ:'FlOI:!:DER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE collier county, Florida Attn: Kelsey ward purchasing Bld9. 3301 E. Tamiaml Trail Naples FL 34112 USA EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE -==-_~=- __~,...----- SCHEDULE C TRUTH IN NEGOTIATION CERTIFICATE 16C9 In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Camp Dresser & McKee. Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Professional Instrumentation and Control (I & C) Engineering Services of the CONSULTANT to be provided under the Professional Services Agreement are accurate, complete and current as of the time of contracting. BY: tu~~ DATE: 3-3-OS- -25- Contract # 05-3681 "Fixed Term Instrumentation and Controls (I & C) Engineerin<g Services" 16C9 fQ~\uC\t~ 2005, by and between the Board of County Commissioners for Collier County, Florida, a ~ THIS AGREEMENT is made and entered into this ;).J,. t' day of political subdivision of the State of Florida and (hereinafter referred to as the "OWNER") and Carollo Engineers, P.C., an Arizona Corporation, authorized to do business in the State of Florida, whose business address is 401 N. Cattlemen Road, Suite 306, Sarasota, FL 34232 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, the OWNER desires to obtain professional Instrumentation and Controls (I & C) Engineering services of the CONSULTANT concerning work and/or the improvement of areas within the operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $300,000, and the maximum annual contract amount for all Work Orders issued under this Agreement shall not exceed $3,000,000. Work Order assignments in excess of $300,000 shall be approved by the Board of County Commissioners. WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required by the OWNER. NOW, THEREFORE, in consideration of the promises and the mutual covenants and provisions contained herein, the parties hereto agree as follows: 16C9 ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional I & C Engineering services in all phases of any Work Order to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are those set forth in this Agreement and Work Orders prepared and issued by the OWNER and executed by the parties hereto subsequent and pursuant to execution of the Agreement. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five (5) calendar days after receiving its Notice to Proceed under an executed Work Order. The Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided 2 ,..---.,.,..---.--,- 16C9 \i and performed under this Agreement and a Work Order. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Work Manager under the Work Order shall have iull authority to bind and obligate the CONSULTANT on all matters arising out of or relating to such Work Order and this Agreement. The CONSULTANT agrees that the Work Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Work Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Work Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these -3- requirements, the CONSULTANT shall notify the OWNER of such conflict and utilr e e~ professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed I any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OWNER professional evaluations of the OWNER'S work budget. The evaluations and opinions shall be delivered to OWNER in accordance with the following schedule: (a) The professional evaluations of the OWNER's work budget shall be delivered with the report to be furnished by CONSULTANT as part of the Scope of Services. 1.10. Evaluations of the OWNER'S budget, prepared by the CONSULTANT represent the CONSULTANT'S best judgment as an experienced and qualified professional I & C Engineering consultant. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule A. The following services shall be Additional Basic Services: -4- ____.n 2.1. Preparation of applications and supporting documents (except those iCy Go ~e furnished under this Agreement) for private or governmental grants, loans, bond issues or advances. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. -5- ._._.--_..._--_.,.._-~_._- 2.7. Services during out-of-town travel required of CONSULTANT and directed byt'8,9 other than visits to the Project site or OWNER's office or local travel as defined herein. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the work (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a work coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement and a particular Work Order (hereinafter referred to as the "Work Coordinator"). The Work Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the work. However, the Work Coordinator is not authorized to issue any verbal or written orders or -6- ...--....-.------.. instructions to the CONSULTANT that would have the effect, or be interpreted tclué C9 effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Work Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expand ability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. -7- --'~-_.- 3.3. CONSULTANT acknowledges that access to any work site, to be arranged by olè~9 CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights-of-way, or other property rights required for the work and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. The period of service shall be from the date of execution of this Agreement through one (1) year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. 4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the project established by a Work Order and shall be performed and completed in accordance with such Work Order. Time is of the essence with respect to the performance of this Agreement. 4.3 Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. -8- --""" --_.........>------."-~ 16C9 4.4. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within two (2) calendar years of a Notice to Proceed, the CONSULTANT's compensation may be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of the two year period, plus all time extensions granted by OWNER to CONSULTANT. 4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. The COUNTY will compensate the CONSULTANT for the services performed on each Work Order in accordance with a negotiated lump sum, cost plus fixed fee, or established hourly rate as provided in Schedule A attached hereto. -9- _..._--------_..,-~--~<,- _____~_···__·~'''.~rn'___._._ 5.2. Subcontractual services, if any, shall be invoiced by the CONSULTANT a~h9aÇIU~ fees paid by the CONSULTANT. 5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.3.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, Florida Statutes, and fees paid for securing approval of authorities having jurisdiction over the Work Order. 5.3.2. Expenses of reproductions, postage and handling of Drawings and Specifications including duplicate sets at the completion of each Work Order for the County's review and approval. 5.3.3. Expense of overtime work requiring higher than regular rates, when authorized by the County. 5.3.4. Expense of models for the County's use. 5.4. Total compensation for all services and expenses shall not exceed the limit listed upon each Work Order without written approval. 5.5. Total initial compensation for all services and expenses shall not exceed $300,000 per Work Order and the maximum annual contract amount for all Work Orders issued under this Agreement shall not exceed $3,000,000. Work Order assignments in excess of $300,000 shall be approved by the Board of County Commissioners. -10- 5.6. Payments for Basic Services, Additional Basic Services, Subcontractual sel6 Cd9 Reimbursable Expenses as defined in Section V, shall be made upon presentation of the CONSULTANT's County-approved itemized invoice. 5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic Services on the Work Order shall be kept on a generally recognized accounting basis and shall be available and provided to the County with submittal of invoices. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use. ARTICLE SEVEN MAINTENANCE OF RECORDS 7 .1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the work is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. -11- ._~----~--,..-., ARTICLE EIGHT INDEMNIFICATION 16C9 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. ARTICLE NINE INSURANCE 9.1. During the life of the Agreement (and until final acceptance by Owner for work performed under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and maintain, with companies satisfactory to the OWNER, the type and amounts of insurance described herein and on Exhibit B. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and/or responsible risk retention group insurance companies registered with the State of Florida. Promptly after written Notice of Award is issued by the OWNER, the insurance coverages and limits required must be evidenced by properly executed Certificates of Insurance on forms which are acceptable to the OWNER. The Certificates must be personally, manually signed by the Authorized Representatives of the insurance company/companies shown on the Certificate with proof that he/she is an authorized representative thereof. In addition, certified, true and exact copies of all insurance policies required shall be provided to the OWNER, on a timely basis, if required by the OWNER. These Certificates and policies shall contain provisions that thirty (30) days written notice by registered or certified mail shall be given to the OWNER of any cancellation, intent not to renew, or reduction in the policies' coverages, except in the application of the -12- lbL;/ Aggregate Limits Provisions. In the event of a reduction in the Aggregate Limits of any policy, the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the full extent permitted under such policy. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-insurance program carried by the OWNER applicable to the Work. 9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance coverages and limits required in this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been met or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of this Agreement. 9.3. No work shall commence unless and until the required Certificates of Insurance are received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER. 9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approvi ng any work CONSULTANT shall procure and maintain insurance of the types and to the limits specified in Schedule B entitled "Insurance Coverage", which is attached hereto and made a part hereof. CONSULTANT shall require each of its subconsultants and subcontractors to procure and maintain, until the completion of that subconsultant's or subcontractor's work, insurance of the types and to the limits specified in Schedule B, unless such insurance requirement for the subconsultant or subcontractor is expressly waived in writing by the OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in writing to OWNER that CONSULTANT's existing coverage includes and covers the subconsultants and subcontractors for which ,a waiver is sought, and that such coverage is in conformance with the types and limits of insurance specified in Schedule B. All liability insurance policies, other than the Professional Liability, Worker's Compensation and Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this Agreement shall name OWNER as an additional insured as to the operations of the -13- CONSULTANT under this Agreement and the Contract Documents and laP ~tl severability of interests provisions. 9.5. If any insurance provided pursuant to this Agreement expires prior to the completion and final acceptance by Owner of any works, performed hereunder, renewal Certificates of Insurance and, if requested by Owner, certified, true copies of the renewal policies shall be furnished by CONSULTANT thirty (30) days prior to the date of expiration. 9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of its rights under this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. -14- -_.._._._._._--"._,,,_.~....- ARTICLE ELEVEN WAIVER OF CLAIMS 16C9 11.1. CONSULTANT's acceptance of final payment under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the work, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's seNices nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the fOllowing reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the seNices to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and -15- CONSULTANT's remedies against OWNER shall be the same as and limited to thlS6tfc9 CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for -16- -~.'----,---'"'- .,.,,'- -,- _...._._~~... CONSULTANT, any fee, commission, percentage, gift or any other consideration 16~n9 upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a) , Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule C, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. -17- ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16C9 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department 3301 Tamiami Trail East Naples, FI. 34112 Attention: Purchasing Director 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: Carollo Engineers, P.C. 401 N. Cattlemen Road, Suite 306 Sarasota, FL 34232 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17 ,1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. -18- -- --..--..."--.--..-"-- 17.3. This Agreement is not assignable, or otherwise transferable in whole or 16rtCi'~j CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 25 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, RFP #05-3681- "Fixed Term Instrumentation and Controls (I & C) Engineering Services", Consultant's Fee Schedule "A", Insurance Coverage Schedule "B", Truth in Negotiation Schedule "C". ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or -19- arising out of this Agreement must be brought in the appropriate Florida state couli6cGe9 County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Fixed Term Instrumentation and Control (I & C) Engineering Services the day and year first written above. ATTEST: .'B!¡'{,¡'r. ' - -, "b' .., ~ . . . ..... ."'~.... ~.::...';' Dwight E. Biðc~¡(~terk~ .'.... . . \, . .'~ ..; . \" I" '. '" ;. BY-4tn*,- ;ti(:l,Id!¡lr. Iv Date: d· /~"05}),::J» :,,~. '-~- >.:. '......... :(,,<>~ AtUst IS to ef(i't,..~\".>; s Àt't~J:d ~J ~å form à~'d' Ç;;;OL l~ Scott R. Teach Assistant County Attorney BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: F::t:!:VI:!~ha~ Carollo Enaineers. P.C. AI \ ~ . I (\ \ L ~1. ,~ \r~ 5~~}. . I-\m~ l.. BY:~~ (Type name): Robert s. Cushinq, Ph.D. ,PE,DK (Title): Partner Witnessed: BY:~ flWtrL4( (Type name): Diane . Cranford BY:~~ (Type name): steven M Bupp (CORPORATE SEAL) Item # Ibe. q Agenda d. (? 7{ 05 Date ~ -20- 16C9 SCHEDULE A Collier County Standard Fee Schedule RFP 05-3681 "Fixed Term Instrumentation a. Controls (Ia.C) Services" Professional ~ Principal (Partners and Associates) $160.00/hr Senior Design Engineer/ Chief Engineer/Senior I & C Specialist $145.00/hr Senior Project Manager/Construction Manager/ Senior I & C Engineer $130.00/hr Project Manager/Senior Engineer/Senior Planner/ I & C Engineer $115.00/hr Engineer II/Senior Designer $95,OO/hr $85.00/hr $75.00/hr $70,OO/hr $60,OO/hr $50,OO/hr Engineer III Engineer I/Designer/Planner Senior Inspector/Design Technician Inspector/Senior Technician Technician Support Clerical, other support $55,OO/hr $45,OO/hr Administrative Assistant, Secretary This list is not intended to be all-inclusive. Hourly rate fees for other categories of professionals and/or specialists, support and other services shall be mutually negotiated by the County and firm on a project by project basis as need END OF SCHEDULE A -21- 16C~· SCHEDULE B INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Insurance shall be maintained by the Contractor/Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) X $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance -22- by the Owner of the work under this Agreement. Limits of Liability shall not be 116.Lh9 following: ( check one) .-2L. General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. AUTOMOBILE LIABILITY INSURANCE shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: (check one) .-2L. Bodily Injury & Property Damage - $ 500,000 PROFESSIONAL LIABILITY INSURANCE shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than .-2L. $1,000,000 each claim and in the aggregate -23- (2) Any deductible applicable to any claim shall be the sole responsl,i6£t9 Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE B. -24- "I ACORDTM CERTIFICATE OF LIABILITY INSURANCE 2244 West Coast Highway suite 200 Newport Beach, CA 92663 Sandi Moreno INSURED Carollo Engineers P.C. Risk Management Office 10540 TALBBRT AVENUB, SUXTB 200 BAST THIS CERTIFICATE IS ISSUED AS A MA TION ONLY AND CONFERS NO RIGHTS UP T CATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE PRODUCER 1-949-729-0777 Professional Practice Xnsurance Brokers, Xnc. FOUNTAXN VALLEY, CA 92708 INSURER A: Ace American Xnsurance C INSURER B: INSURER C: INSURER D: INSURER E: an COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 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, I~~~ TYPE OF INSURANCE POLICY NUMBER PO LICY EFFECTIVE POLICY EXPIRATION LIMITS ~ERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ ~ U CLAIMS MADE D OCCUR MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ fl'L AGGREnE LIMIT APPLIES PER: PRODUCTS· COMP/OP AGG $ POLICY ~~p,: n LOC ~OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) f-- f-- ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) ;-- ~ HIRED AUTOS BODILY INJURY $ NON·OWNED AUTOS (Per accident) ~ - PROPERTY DAMAGE $ (Per accident) ~AGE LIABILITY AUTO ONLY· EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS LIABILITY EACH OCCURRENCE $ ::::1 OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I T"XgJTfJN;.1 IOl~- EMPLOYERS' LIABILITY E,L EACH ACCIDENT $ EL, DISEASE· EA EMPLOYEE $ EL, DISEASE· POLICY LIMIT $ OTHER A Professional Liability BONG2l65649500l 07/04/04 07/04/05 Per Claim $ 1,000,000 Retroactive Date Unlimited Aggregate $ 1,000,000 Deductible $200,000 DESCRIPTION OF OPERATIONS/LOCATIONSlVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Fixed Term Xnstrumentation & Controls (X&C) Bngineering Services, Contract #05-3681 Carollo Project #: Not Yet Assigned CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION 10 Days Notice for Non-Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Florida DATE THEREOF, THE ISSUING INSURER WILL ¡JH~MAIL ~ DAYS WRITTEN Board of County Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Purchasing Director XgQII 3301 Tamiami Trail Bast ~I~ Naples, II'L 34112 AUTHORIZED REPRESENTATIVE ~~ I USA ACORD 25-S (7/97) DebbieR 2504576 @ACORD CORPORATION 1988 Powered By CertificatesNowTM "------.- ACORDN CERTIFICATE OF LIABILITY INSURANCE PRODUCER Brown & Brown Insurance of AZ 2800 N. Central Ave., #1600 P.o. Box 2800 Phoenix AZ 85002-2800 Phone: 602-277-6672 INSURED Carollo Engineers P.C. Risk Management Off;ce 3033 Nortfi 44th St f101 Phoenix AZ 85018 COVERAGES OP CAR THIS CERTIFICATE IS ISSUED AS A MATT ONLY AND CONFERS NO RIGHTS UPON T I AT HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I I INSURERS AFFORDING COVERAGE NAIC# 36161 0532 25682 0255 --;_...-.~.-....,--... " i INSURER A: " I INSURER B: I:~~:: ~ INSURER E: ..._...~"---- Travalers Prop C.~_~.. ~~.~.:__~~. Travelers Llo ds Ins Co. TravQler.s Indemnity Co of ç~.__... Great American Insurance Co. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 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. --_._~._--¡--_..,---'--_.""...." .--.----- ----- P!:!~Lq,YfFXPIRAT~~N r" ..'- 'LTR "NŠ~¡ TYPE OF INSURANCE POLICY NUMBER DATÈ ¡MMlDDN~{- DATE MM/DDm , LIMITS ~NERAL LIABILITY I l ~CH OCCURRENCE $ 1000000 '1IiI'Þ;GETO'R -_.- A X X COMMERCIAL GENERAL LIABILITY 6300188B39404 12/31/04 12/31/05 I PREMrSES(E~~~~~nte} S 500000 ---n CLAIMS MADE ŒJ OCCUR i I MED EXP (Anyone person) $ 20000 LIAB I.':'ERSONAL- II -~-~~I~~~~Ÿ-' ._._~~--* ¡- Contractual Liab EXCLUDING PROF $ 1000000 ---._---_..-..__._~------- I ( SEPERATE POL) i I GENERAL AGGREGATE S 10000000 - I GEN'L AGGREGATE LIMIT APPLIES PER: ~.!:'~U_~!~_: COMPIOP AGG $ 2000000 I nPRO- n I POLICY JECr LOC AUTOMOBILE LIABILITY I - i COMBINED SINGLE LIMIT $ 1000000 A X ~ ANY AUTO 810995K500804 i 12/31/04 12/31/05 (Ea acddenl) CAP995K500804(TEXA~) --,."-.. -.-.. B ALL OWNED AUTOS ¡ BODILY INJURY - $ SCHEDULED AUTOS i (Per person) - I 1--- .-'....'..". ..._~_. --~---- ~ HIRED AUTOS i I ! BODILY INJURY $ ~ NON-OWNED AUTOS , (Per atddenl) I ! PROÆR1Y DAMAGE I S I (Per accidenl) j GARAGE LlABIL11Y ! AUTO ONLY· EA ACCIDENT S =1 ANY AUTO i OTHER THAN EA ACC S I AUTO ONLY: i AGG S EXCESSJUMBRELLA LIABILITY i I EACH OCCURRENCE $ 1000000 ~ OCCUR o CLAIMS MADE TUU5595799 j 12/31/04 12/31/05 D I AGGREGATE S 1000000 I Excess of $ I I Fx=1 DEDUCTIBLE I I Automobil $ X RETENTION $10000 I Work Camp $ WORKERS COMPENSATION AND X ITORY LlMIT~.I IOJ~' C EMPLOYERS· LlABILl1Y UB995K342104 12/31/04 12/31/05 ANY PROPRIETORlPARTNERlEXECUTIVE EL EACH ACCIDENT $ 1000000 OFFICERlMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 1000000 ~~~~litS~~òJ:s?ô~s below E.L DISEASE - POLICY LIMn s 1000000 OTHER JlDDI'I'IONAL INSURED OO&S NOT APPLY TO WORK COMP DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS *Except for 10 Days for Non-Payment of Premium; Except for the Workers Compensation coverage. RE: Fixed Term Instrumentation & Controls (I&C) Engineering Services, Contract #05-3681. Collier County Florida is included as an additional insured as respects General Liability per CGD24710/02 and Auto Liability per CAT30102/99. Waiver of Subrogation included for Workers CERTIFICATE HOLDER Collier County Florida Board of County Commissioners Purchasing Director 3301 Tamiami Trail East Naples FL 34112 ACORD 25 (2001/08) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA TIO DATE THEREOF. THE ISSUING INSURER WILL ENDEA YOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Bur FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. R~E'SEN ©ACORD CORPORATION 1988 ~";;¡'::';';';L:::;'~"";';";:;"';fA'i"'m';~':" ' \Iki.:~~. ' Y ,; ;~. " .~~~\~~.~~.~.~: ":. :~;'....'.:. _.:ït.'· Compensation per HQ.LOtsR CPl.)ç;' IN$ÚRI;Ï:I'SNAME WC000313. COMMERCIAL GENERAL LlABlU16 C 9 Policv # 630-0188B394-04 Carollo Ene.ineers. P.C. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY - CONTRACTORS COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): Collier County Florida PROJECT/LOCATION OF COVERED OPERATIONS: Fixed Term Instrumentation & Controls (I&C) Engineering Services, Contract #05- 3681 1. WHO IS AN INSURED - (Section II) is amended to include the person or organization shown in the Schedule above. The person or organization does not qua1ify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability caused by "your work" for that additional insured at the location shown in the Schedule. 2. The insurance provided to the additional insured is limited as fonows: a) In the event that the limits of liability stated in the policy exceed the limits ofJiability required by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought, the insurance provided by this endorsement shaH be limited to the limits of liability required by such contract or agreement. This endorsement shall not increase the limits stated in Section 111 - LIMITS OF INSURANCE. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional servkes inc1ùding: CG D2 47 ] 0 02 Copyright, The Travelers Indemnity Company Page 1 of3 COMMERCIAL GENERAL UiLl6 C 9 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and II. Supervisory or inspection activities perfonned as part of any related architectural or engineering activities. C) This insurance does not apply to "bodily injury" or "property damage" caused by "your work" included in the "products-completed operations hazard" unless you are required to provide such coverage for the additional insured by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought and then only for the period of time required by such contract or agreement and in no event beyond the expiration date of the policy. 3. Subpart (1)(a) of the PolJution exclusion under Paragraph 2., Exclusions of Bodily Injury and Property Damage Liability Coverage (Section I - Coverages) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" perfonned on premises which are owned or rented by the additional insured at the time "your work" is perfonned. 4. Any coverage provided by this endorsement to an additional insured shan be excess over any other valid and coJlectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought specificaJly requires that this insurance apply on a primary or non-contributory basis. When this insurance is primary and there is other insurance available to the additional insured trom any source, we will share with that other insurance by the method described in the policy. 5. As a condition of coverage, each additional insured must: a.) Give us prompt written notice of any "occurrence" or offense which may result in a c1aim and prompt written notice of "suit". b.) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. c.) Tender the defense and indemnity of any claim or "suit" to any other insurer which also insures against a loss we cover under this endorsement", This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For purposes of this requirement, the tenn "insures against" refers to any self- insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that poHcy of insurance. CG D2 47 10 02 Copyright, The Travelers Indemnity Company Page 2 of3 COMMERCIAL GENERAL LIABIIT6 C 9 d.) Agree to make available any other insurance that the additional jnsured has for a loss we cover under this endorsement. CG D2 47 10 02 Copyright, The Travelers Indemnity Company Page 3 of3 ..-- .-... -.-.--...-..... 16C9 Carollo Engineers ~ p. C. COMMERCIAl AUTO POLICY NUMBER: 810995KS0080~4 tSSUE DATE: THIS ENDORSÈMËNfcHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED . ThIs endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGI: FORM MOTOR CARRIER COVERAGE FORM TRUÒI<ERS COVERAGE FORM P~h c. of the WHO IS AN INSURED ProvisIon lndudesfhe person or organization Indicated below, 'but only for his, her or Its liability because of acts or omissIons of an "Insured" Wlder paragraphs a. or b. of that provisIon, Subject to the follOwing additional pro- visions: ,_ ~ >, Person or Organization 1. No liability Is assumed by that person or organi- zation for the payment of any premiums stated In the policy or eamed under the policy. 2. In the event of canœnation of the policy, written notice of cancellation will be mailed by us to that person or organization. ;: " ~ !:! j: ~ f. I~ t ~ Address ii ~1 ~ ;: Ij :~ :~ :j :J :.j :r .¡ . .! i ! ¡ CA 13 01 Ð2 99 Page 1 of 1 -~. '--.-..-.-..-.....- .... .-.... -- Carollo Enal1'1eers) P.C.. 16C9 UB995K342104 ~ Trave1ersPropertyCasualtý -, ' Aw..oc.ct Thlvtler.Group J WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 000313 (00)- POLICY NUMBER: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or Indirectly to benefit anyone not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: DATE OF ISSUE: ST ASSIGN: SCHEDULE C TRUTH IN NEGOTIATION CERTIFICATE 16C9 In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Carollo Engineers. P.C. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Professional Instrumentation and Control (I & C) Engineering Services of the CONSULTANT to be provided under the Professional Services Agreement are accurate, complete and current as of the time of contracting. BY: --- ---- DATE: t-t-ß Zt{ 70(;6 I BY:.~~~. Robert S. Cushing, Ph.D., PE, DEE DATE: 7~ hY-/ / -25- 16C9 Contract # 05-3681 "Fixed Term Instrumentation and Controls (I & C) Engineering Services" . IX.\ ..-' \.... THIS AGREEMENT is made and entered into this J.J. day of \",<L y\ vlC\ r II 2005, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and (hereinafter referred to as the "OWNER") and RKS Consulting Engineers, Inc., a Florida Corporation, authorized to do business in the State of Florida, whose business address is 15400 Shamrock Drive, Fort Myers, FL 33912 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, the OWNER desires to obtain professional Instrumentation and Controls (I & C) Engineering services of the CONSULTANT concerning work and/or the improvement of areas within the operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $300,000, and the maximum annual contract amount for all Work Orders issued under this Agreement shall not exceed $3,000,000. Work Order assignments in excess of $300,000 shall be approved by the Board of County Commissioners. WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required by the OWNER. NOW, THEREFORE, in consideration of the promises and the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 16C9 1.1. CONSULTANT shall provide to OWNER professional I & C Engineering services in all phases of any Work Order to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are those set forth in this Agreement and Work Orders prepared and issued by the OWNER and executed by the parties hereto subsequent and pursuant to execution of the Agreement. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five (5) calendar days after receiving its Notice to Proceed under an executed Work Order. The Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided 2 16C¡ and performed under this Agreement and a Work Order. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Work Manager under the Work Order shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to such Work Order and this Agreement. The CONSULTANT agrees that the Work Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Work Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Work Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these -3- requirements, the CONSULTANT shall notify the OWNER of such conflict and lz6tc'.2 professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OWNER professional evaluations of the OWNER'S work budget. The evaluations and opinions shall be delivered to OWNER in accordance with the following schedule: (a) The professional evaluations of the OWNER's work budget shall be delivered with the report to be furnished by CONSULTANT as part of the Scope of Services. 1.10. Evaluations of the OWNER'S budget, prepared by the CONSULTANT represent the CONSULTANT'S best judgment as an experienced and qualified professional I & C Engineering consultant. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule A. The following services shall be Additional Basic Services: -4- 2.1. Preparation of applications and supporting documents (except those alrea¡ 6 ~ 9 furnished under this Agreement) for private or governmental grants, loans, bond issues or advances. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. -5- 2.7. Services during out-ot-town travel required ot CONSULTANT and directeÀA~~, other than visits to the Project site or OWNER's office or local travel as defined herein. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the work (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a work coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement and a particular Work Order (hereinafter referred to as the "Work Coordinator"). The Work Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the work. However, the Work Coordinator is not authorized to issue any verbal or written orders or -6- instructions to the CONSULTANT that would have the effect, or be interpretelt6G ge effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Work Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. -7- 3.3. CONSULTANT acknowledges that access to any work site, to be arranged i <6'rß~r CONSULTANT, may be provided during times that are not the normal business hours of the CONSUL TANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights-of-way, or other property rights required for the work and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. The period of service shall be from the date of execution of this Agreement through one (1) year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. 4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the project established by a Work Order and shall be performed and completed in accordance with such Work Order. Time is of the essence with respect to the performance of this Agreement. 4.3 Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. -8- 16C9 4.4. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within two (2) calendar years of a Notice to Proceed, the CONSULTANT's compensation may be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of the two year period, plus all time extensions granted by OWNER to CONSUL TANT. 4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. The COUNTY will compensate the CONSULTANT for the services performed on each Work Order in accordance with a negotiated lump sum, cost plus fixed fee, or established hourly rate as provided in Schedule A attached hereto. -9- 5.2. Subcontractual services, if any, shall be invoiced by the CONSULTANT 16£.,9 fees paid by the CONSULTANT. 5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.3.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, Florida Statutes, and fees paid for securing approval of authorities having jurisdiction over the Work Order. 5.3.2. Expenses of reproductions, postage and handling of Drawings and Specifications including duplicate sets at the completion of each Work Order for the County's review and approval. 5.3.3. Expense of overtime work requiring higher than regular rates, when authorized by the County. 5.3.4. Expense of models for the County's use. 5.4. Total compensation for all services and expenses shall not exceed the limit listed upon each Work Order without written approval. 5.5. Total initial compensation for all services and expenses shall not exceed $300,000 per Work Order and the maximum annual contract amount for all Work Orders issued under this Agreement shall not exceed $3,000,000. Work Order assignments in excess of $300,000 shall be approved by the Board of County Commissioners. -10- 5.6. Payments for Basic Services, Additional Basic Services, Subcontractual S¡'i&,G~ Reimbursable Expenses as defined in Section V, shall be made upon presentation of the CONSULTANT's County-approved itemized invoice. 5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic Services on the Work Order shall be kept on a generally recognized accounting basis and shall be available and provided to the County with submittal of invoices. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use. ARTICLE SEVEN MAINTENANCE OF RECORDS 7 .1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the work is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. -11- 16C9 ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. ARTICLE NINE INSURANCE 9.1. During the life of the Agreement (and until final acceptance by Owner for work performed under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and maintain, with companies satisfactory to the OWNER, the type and amounts of insurance described herein and on Exhibit B. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and/or responsible risk retention group insurance companies registered with the State of Florida. Promptly after written Notice of Award is issued by the OWNER, the insurance coverages and limits required must be evidenced by properly executed Certificates of Insurance on forms which are acceptable to the OWNER. The Certificates must be personally, manually signed by the Authorized Representatives of the insurance company/companies shown on the Certificate with proof that he/she is an authorized representative thereof. In addition, certified, true and exact copies of all insurance policies required shall be provided to the OWNER, on a timely basis, if required by the OWNER. These Certificates and policies shall contain provisions that thirty (30) days written notice by registered or certified mail shall be given to the OWNER of any cancellation, intent not to renew, or reduction in the policies' coverages, except in the application of the -12- Aggregate Limits Provisions. In the event of a reduction in the Aggregate Limits 1.0 Cli9. the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the full extent permitted under such policy. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-insurance program carried by the OWNER applicable to the Work. 9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance coverages and limits required in this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been met or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of this Agreement. 9.3. No work shall commence unless and until the required Certificates of Insurance are received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER. 9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving any work CONSULTANT shall procure and maintain insurance of the types and to the limits specified in Schedule B entitled "Insurance Coverage", which is attached hereto and made a part hereof. CONSULTANT shall require each of its subconsultants and subcontractors to procure and maintain, until the completion of that subconsultant's or subcontractor's work, insurance of the types and to the limits specified in Schedule B, unless such insurance requirement for the subconsultant or subcontractor is expressly waived in writing by the OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in writing to OWNER that CONSULTANT's existing coverage includes and covers the subconsultants and subcontractors for which a waiver is sought, and that such coverage is in conformance with the types and limits of insurance specified in Schedule B. All liability insurance policies, other than the Professional Liability, Worker's Compensation and Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this Agreement shall name OWNER as an additional insured as to the operations of the -13- CONSULTANT under this Agreement and the Contract Documents andl, C,Qin severability of interests provisions. 9.5. If any insurance provided pursuant to this Agreement expires prior to the completion and final acceptance by Owner of any works, performed hereunder, renewal Certificates of Insurance and, if requested by Owner, certified, true copies of the renewal policies shall be furnished by CONSULTANT thirty (30) days prior to the date of expiration. 9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of its rights under this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSU L T ANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. -14- ARTICLE ELEVEN WAIVER OF CLAIMS 16C9 11.1. CONSULTANT's acceptance of final payment under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the work, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and -15- CONSULTANT's remedies against OWNER shall be the same as and limited to}tJ C~d CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for -16- CONSULTANT, any fee, commission, percentage, gift or any other consideratio! .6.tk~ upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes,' the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule C, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. -17- ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16C9 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department 3301 Tamiami Trail East Naples, FI. 34112 Attention: Purchasing Director 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: RKS Consulting Engineers, Inc. 15400 Shamrock Drive Fort Myers, FL 33912 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. -18- 17.3. This Agreement is not assignable, or otherwise transferable in who16iCq, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 25 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, RFP #05-3681- "Fixed Term Instrumentation and Controls (I & C) Engineering Services", Consultant's Fee Schedule "A", Insurance Coverage Schedule "B", Truth in Negotiation Schedule "C". ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or -19- arising out of this Agreement must be brought in the appropriate Florida state co,} 6:8i9 County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Fixed Term Instrumentation and Control (I & C) Engineering Services the day and year first written above. A TT§.§¡; 1#" i"''''~'~~'if1 ~;-,. D~'fu .~~ ·B~¿'ðJ(~· Clerk ''i/'.', ' ¡'t;?;~~ ':'. ~y:~d~?P~,IÞA~. & ~~tEt:>~'V"/~~ð#' ' ~}".. >.: . ..... '. . '. ..' .;.....) =:':!'':~~ t,....·. ~pprove~asf~form and Ie sufficiency: LL BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA '1uLW. c+ Fred W. Coyle, Chairman By: RKS Consulting Engineers. Inc. cott R. Teach Assistant County Attorney BY~ \iJ~ (Type name): . DN J íJlrW') <; (Title): P¡?~/P¡¿A1T RK.5..~~J&Ij)ef3fG S (CORPORATE SEAL) Item # I be 9 Agenda & '.:lØL { Q5 Date ~ -20- SCHEDULE A 16 C ,; Collier County Standard Fee Schedule RFP 05-3681 "Fixed Term Instrumentation&. Controls (I&.C) services" Professional ED Principal (Partners and Associates) $160.00/hr $145.00/hr Senior Design Engineer/ Chief Engineer/Senior I & C Specialist Senior Project Manager/Construction Manager/ Senior I & C Engineer $130,OO/hr Project Manager/Senior Engineer/Senior Planner/ I & C Engineer $115,OO/hr Inspector/Senior Technician $95,OO/hr $85.00/hr $75.00/hr $70,OO/hr $60,OO/hr $50.00/hr Engineer III Engineer II/Senior Designer Engineer I/Designer/Planner Senior Inspector/Design Technician Technician Support Clerical, other support $55,OO/hr $45.00/hr Administrative Assistant, Secretary This list is not intended to be all-inclusive. Hourly rate fees for other categories of professionals and/or specialists, support and other services shall be mutually negotiated by the County and firm on a project by project basis as need END OF SCHEDULE A -21- 16C9 SCHEDULE B INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Insurance shall be maintained by the Contractor/Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) X $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance -22- by the Owner of the work under this Agreement. Limits of Liability shall not be tee ., following: (check one) ~ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. AUTOMOBILE LIABILITY INSURANCE shall be maintained by the Contractor / Consultant I Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: (check one) ~ Bodily Injury & Property Damage - $ 500,000 PROFESSIONAL LIABILITY INSURANCE shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than ~ $1,000,000 each claim and in the aggregate -23- (2) Any deductible applicable to any claim shall be the sole resptseitC~1he ConsultanUProfessional and shall not be greater than $50,000 each claim. (3) The ConsultanUProfessional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE B. -24- ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ,( RKSCO 2 THIS CERTIFICATE IS ISSUED AS A MATTE 10 ONLY AND CONFERS NO RIGHTS UPON THE CER FICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PROOUCER Oswald Trippe and Company, Inc P. O. Box 60139 Ft. Myers FL 33906-6139 Phone:239-433-4535 Fax:239-433-4148 RKS Consulting Engineers Inc. 15400 Shamroc~ Dr. Ft. Myers FL 33912 INSURERS AFFORDING COVERAGE INSURER A The Hartford Insurance CO. INSURER B CNA INSURER C INSURER D INSURER E: NAIC# 22357 INSURED COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE !\FFORDED 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, ¡IN:;K ~~1 POLICY NUMBER OÃTE '(MMroOIYY) ìs'ATéT(MMlDDIYY) LIMITS LTR TYPE OF INSURANCE GENERAL LIABILITY EACH OCCURRENCE $ 1000000 - 03/23/04 03/23/05 LJ""""'\>" 'v _""'''''LJ A X ~ COMMERCIAL GENERAL LIABILITY 21SBABI5812 $ 300000 ::=J CLAIMS MADE ~ OCCUR PREMISES lEa occurence) - MED EXP (Anyone person) $ 10000 PERSONAL & MJV INJURY $ 1000000 GENERAL AGGREGATE $2000000 GENt AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2000000 i~ nPRO- n POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ~ $ 1000000 A ANY AUTO 21SBABI5812 03/23/04 03/23/05 lEa aCCIdent) ~ ALL OWNED AUTOS BODIL Y INJURY I-- $ SCHEDULED AlJTOS (Per person) I-- ¿ HIRED AUTOS BODIL Y INJURY $ ¿ NON-OWNED AlJTOS (Per accident) ~ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONL Y - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONL Y AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ b OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X To'R\tiMI'T'-S I jUËR- A EMPLOYERS' LIABILITY 21WBCGG8397 04/01/04 04/01/05 $ 100000 ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 100000 It yes, describe undør E L, DISEASE - POLICY LIMIT $ 500000 SPECIAL PROVISIONS below OTHER B Professional SFA254013710 02/20/05 02/20/06 Occurence 1000000 Liability Aggregate 1000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: RFP#05-3681/ Fixed Ter.m Instrumentation & Controls (UC) Engineering Services - The certificate holder is named as an Additional Insured with interest in insured's operations with respect to General Liability. *10 days of cancellation for non payment. CERTIFICATE HOLDER CANCELLATION COLLIER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRrTTEN Collier County Board of County Commissioners 2800 N Horseshoe Drive Naples FL 34104 @ACORD CORPORATION 1988 ACORD 25 (2001/08) SCHEDULE C TRUTH IN NEGOTIATION CERTIFICATE 16t9 In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, RKS Consulting Engineers, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Professional Instrumentation and Control (I & C) Engineering Services of the CONSULTANT to be provided under the Professional Services Agreement are accurate, complete and current as of the time of contracting. BY: ~ DATE: -42-5/D5 -25- Contract # 05-3681 "Fixed Term Instrumentation and Controls (I & C) Engineering Services" 16C9 THIS AGREEMENT is made and entered into this J-J.~~ay of ¡::{\)tv(\\~ 2005, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and (hereinafter referred to as the "OWNER") and Hazen & Sawyer, P.C., a New York Corporation, authorized to do business in the State of Florida, whose business address is 2101 Corporate Boulevard, Suite 301 Boca Raton, Florida 33431 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, the OWNER desires to obtain professional Instrumentation and Controls (I & C) Engineering services of the CONSULTANT concerning work and/or the improvement of areas within the operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $300,000, and the maximum annual contract amount for all Work Orders issued under this Agreement shall not exceed $3,000,000. Work Order assignments in excess of $300,000 shall be approved by the Board of County Commissioners. WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required by the OWNER. NOW, THEREFORE, in consideration of the promises and the mutual covenants and provisions contained herein, the parties hereto agree as follows: 16C9 ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional I & C Engineering services in all phases of any Work Order to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are those set forth in this Agreement and Work Orders prepared and issued by the OWNER and executed by the parties hereto subsequent and pursuant to execution of the Agreement. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five (5) calendar days after receiving its Notice to Proceed under an executed Work Order. The Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided 2 16C9 and performed under this Agreement and a Work Order. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Work Manager under the Work Order shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to such Work Order and this Agreement. The CONSULTANT agrees that the Work Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Work Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Work Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these -3- requirements, the CONSULTANT shall notify the OWNER of such conflict and utit S t'9 professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OWNER professional evaluations of the OWNER'S work budget. The evaluations and opinions shall be delivered to OWNER in accordance with the following schedule: (a) The professional evaluations of the OWNER's work budget shall be delivered with the report to be furnished by CONSULTANT as part of the Scope of Services. 1.10. Evaluations of the OWNER'S budget, prepared by the CONSULTANT represent the CONSULTANT'S best judgment as an experienced and qualified professional I & C Engineering consultant. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule A. The following services shall be Additional Basic Services: -4- 2.1. Preparation of applications and supporting documents (except those 1e~ ~ f!J furnished under this Agreement) for private or governmental grants, loans, bd~H QsMs or advances. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. -5- 2.7. Services during out-of-town travel required of CONSULTANT and directed 1&&9 other than visits to the Project site or OWNER's office or local travel as defined herein. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the work (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a work coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement and a particular Work Order (hereinafter referred to as the "Work Coordinator"). The Work Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the work. However, the Work Coordinator is not authorized to issue any verbal or written orders or -6- instructions to the CONSULTANT that would have the effect, or be interpreted 16'€9 effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Work Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. -7- 3.3. CONSULTANT acknowledges that access to any work site, to be arranged by1:~p 9 CONSULTANT, may be provided during times that are not the normal business hours ~ tne CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights-of-way, or other property rights required for the work and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. The period of service shall be from the date of execution of this Agreement through one (1) year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. 4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the project established by a Work Order and shall be performed and completed in accordance with such Work Order. Time is of the essence with respect to the performance of this Agreement. 4.3 Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. -8- 4.4. No interruption, interference, inefficiency, suspension or delay in the comlQ.Ce~or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within two (2) calendar years of a Notice to Proceed, the CONSULTANT's compensation may be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of the two year period, plus all time extensions granted by OWNER to CONSULTANT. 4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. The COUNTY will compensate the CONSULTANT for the services performed on each Work Order in accordance with a negotiated lump sum, cost plus fixed fee, or established hourly rate as provided in Schedule A attached hereto. -9- 5.2. Subcontractual services, if any, shall be invoiced by the CONSULTANT at the actual fees paid by the CONSULTANT. 16C9 5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.3.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, Florida Statutes, and fees paid for securing approval of authorities having jurisdiction over the Work Order. 5.3.2. Expenses of reproductions, postage and handling of Drawings and Specifications including duplicate sets at the completion of each Work Order for the County's review and approval. 5.3.3. Expense of overtime work requiring higher than regular rates, when authorized by the County. 5.3.4. Expense of models for the County's use. 5.4. Total compensation for all services and expenses shall not exceed the limit listed upon each Work Order without written approval. 5.5. Total initial compensation for all services and expenses shall not exceed $300,000 per Work Order and the maximum annual contract amount for all Work Orders issued under this Agreement shall not exceed $3,000,000. Work Order assignments in excess of $300,000 shall be approved by the Board of County Commissioners. -10- 16C9 5.6. Payments for Basic Services, Additional Basic Services, Subcontractual Services, and Reimbursable Expenses as defined in Section V, shall be made upon presentation of the CONSULTANT's County-approved itemized invoice. 5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic Services on the Work Order shall be kept on a generally recognized accounting basis and shall be available and provided to the County with submittal of invoices. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers, Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the work is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. -11- ARTICLE EIGHT INDEMNIFICATION 16C9 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. ARTICLE NINE INSURANCE 9.1. During the life of the Agreement (and until final acceptance by Owner for work performed under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and maintain, with companies satisfactory to the OWNER, the type and amounts of insurance described herein and on Exhibit B. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and/or responsible risk retention group insurance companies registered with the State of Florida. Promptly after written Notice of Award is issued by the OWNER, the insurance coverages and limits required must be evidenced by properly executed Certificates of Insurance on forms which are acceptable to the OWNER. The Certificates must be personally, manually signed by the Authorized Representatives of the insurance company/companies shown on the Certificate with proof that he/she is an authorized representative thereof. In addition, certified, true and exact copies of all insurance policies required shall be provided to the OWNER, on a timely basis, if required by the OWNER. These Certificates and policies shall contain provisions that thirty (30) days written notice by registered or certified mail shall be given to the OWNER of any cancellation, intent not to renew, or reduction in the policies' coverages, except in the application of the -12- Aggregate Limits Provisions. In the event of a reduction in the Aggregate Limits o1a~ec9 .. ! the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the full extent permitted under such policy. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-insurance program carried by the OWNER applicable to the Work. 9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance coverages and limits required in this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been met or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of this Agreement. 9.3. No work shall commence unless and until the required Certificates of Insurance are received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER. 9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving any work CONSULTANT shall procure and maintain insurance of the types and to the limits specified in Schedule B entitled "Insurance Coverage", which is attached hereto and made a part hereof. CONSULTANT shall require each of its subconsultants and subcontractors to procure and maintain, until the completion of that subconsultant's or subcontractor's work, insurance of the types and to the limits specified in Schedule B, unless such insurance requirement for the subconsultant or subcontractor is expressly waived in writing by the OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in writing to OWNER that CONSULTANT's existing coverage includes and covers the subconsultants and subcontractors for which a waiver is sought, and that such coverage is in conformance with the types and limits of insurance specified in Schedule B. All liability insurance policies, other than the Professional Liability, Worker's Compensation and Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this Agreement shall name OWNER as an additional insured as to the operations of the -13- CONSULTANT under this Agreement and the Contract Documents and shat 'tc, 9 severability of interests provisions. 9.5. If any insurance provided pursuant to this Agreement expires prior to the completion and final acceptance by Owner of any works, performed hereunder, renewal Certificates of Insurance and, if requested by Owner, certified, true copies of the renewal policies shall be furnished by CONSULTANT thirty (30) days prior to the date of expiration. 9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of its rights under this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. -14- ARTICLE ELEVEN WAIVER OF CLAIMS 16C9 11.1. CONSULTANT's acceptance of final payment under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the work, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12 .1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and -15- CONSULTANT's remedies against OWNER shall be the same as and limited to thos16L9 CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for -16- CONSULTANT, any fee, commission, percentage, gift or any other considerai"60C'9't upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule C, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. -17- ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16e9 . ·t .... 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department 3301 Tamiami Trail East Naples, FI. 34112 Attention: Purchasing Director 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: Hazen & Sawyer, P.C. 2101 Corporate Boulevard, Suite 301 Boca Raton, Florida 33431 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. -18- 17.3. This Agreement is not assignable, or otherwise transferable in whole ii'(fß,9 CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 25 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, RFP #05-3681- "Fixed Term Instrumentation and Controls (I & C) Engineering Services", Consultant's Fee Schedule "A", Insurance Coverage Schedule "B", Truth in Negotiation Schedule "C", ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or -19- arising out of this Agreement must be brought in the appropriate Florida state court 1 elf: 9 County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Fixed Term Instrumentation and Control (I & C) Engineering Services the day and year first written above. ATTEST: , . í, tl "", ,_f~.i~ _;'t...",:.,_..",~ .',\>'. ,,'" Dwight E. BrQ#,.ÇI~rf(··',. é', By:~i~.·~~, & Date: 0'. If.> ~o::;1r~·· <. ' " ":,j-' ~I.\,"\' :!;;~~~~i~·¡;;»: . <;:iZ¿ Scott R. Teach ~ Assistant County Attorney BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: ~w.~ Fred W. Coyle, Chairm Hazen & Sawyer. P.C. By: (Type name): (Title): ~.; A' b 4".... "LA f\ ,2- V '(.e!.. I>r~.i" ~~ Witnessed: ;\\ ","~'tHHtt ~.., .... "1 ~"','~ ~", ,...,A , ~I' 'lit. ~ ,,'I~ hlY t. '/!, "'_ t'!S~' - 'l;r, "'.II .~ \"; ,~0~'·'·At. ~ .:;:.~ "!:\..'''''' s:!A~ .1: ..... ,:~~ ¡I ~ ,? ;s, i iLo.t t~~ \c~·>.. ". :: ç.;.... -.;,,~ ~A' ';' "":' $ $. .~ ~ ': ::''-;: ;; ;;: 1; ~ _.". ~ .~ ' I' ,,' '" ;: ",,4'1).'''''"'' ,¡¡¡ ~ ~~ ':¡" A" ;.s./' ~ ~ ". ,»'^~'" "" "_ ~ .~~'__ (~''1rf "'-oj .~'-~~~ ~ ..." _'. ,':_ ,:,' -_:;"f'-~ ~ ~"'"..,,' ";:,øff" ~ '~((" ',', ",,,,,,'O,'i !!~tf,~m1"!~}~)"!' ' Item# J~ C. q ~~:da d 21. 'CO -20- SCHEDULE A 16C9 Collier County Standard Fee Schedule RFP 05-3681 "Fixed Term Instrumentation It Controls (1ItC) Services" Professional ~ Principal (Partners and Associates) $160,OO/hr $145,OO/hr Senior Design Engineer/ Chief Engineer/Senior I & C Specialist Senior Project Manager/Construction Manager/ Senior I & C Engineer $130.00/hr Project Manager/Senior Engineer/Senior Planner/ I & C Engineer $115.00/hr Engineer III $95,OO/hr $85,OO/hr $75.00/hr $70,OO/hr $60,OO/hr $50,OO/hr Engineer II/Senior Designer Engineer I/Designer/Planner Senior Inspector/Design Technician Inspector/Senior Technician Technician Support Administrative Assistant, Secretary Clerical, other support $55.00/hr $45,OO/hr This list is not intended to be all-inclusive. Hourly rate fees for other categories of professionals and/or specialists, support and other services shall be mutually negotiated by the County and firm on a project by project basis as need END OF SCHEDULE A -21- SCHEDULE B INSURANCE COVERAGE 16C9 (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Insurance shall be maintained by the Contractor/Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) X $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance -22- by the Owner of the work under this Agreement. Limits of Liability shall not ~ 6lesscthf\ the following: (check one) 1 '1 ~ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. AUTOMOBILE LIABILITY INSURANCE shall be maintained by the Contractor I Consultant I Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: (check one) ~ Bodily Injury & Property Damage - $ 500,000 PROFESSIONAL LIABILITY INSURANCE shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than ~ $1,000,000 each claim and in the aggregate -23- (2) Any deductible applicable to any claim shall be the sole ConsultanUProfessional and shall not be greater than $50,000 each claim. rest~lt'the (3) The ConsultanUProfessional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE B. -24- MEMORANDUM OF INSURANCE-- ARCHITECTSÆNGINEERS PROFESSIONAL AND POLLUTION INCIDENT LIABILITY ARCHITECTSÆNGINEERS P. AND POLLUTION INCIDEN POLICY CONTINENTAL CASUALTY COMPANY To: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA PURCHASING DEPARTMENT, PURCHASING BLD G ATT: STEVEN CARNELL, DIRECTOR OF PURCHASING 3301 T AMIAMI TRAIL EAST NAPLES, FL 34112 REF: CONTRACT 05-3681 FIXED TERM I&C ENGINEERING SVS. As set forth below, the named insured has in force, on the date indicated, a policy of ArchitectsÆngineers Professional And Pollution Incident Liability insurance issued by Continental Casualty Company, with a limit of liability of not less than the amount indicated. This memorandum is issued as a matter of information only and confers no rights upon the holder. By its issuance, it does not alter, change, modify or extend the provisions of said policy and does not waive any rights thereunder. Name of Insured: HAZEN AND SAWYER, P.C. Address of Insured: Policy Period: 3/29/2004 TO 3/29/2005 498 SEVENTH A VENUE NEW YORK, NY 10018 Policy Number: Limit Of Liability - Per Claim: $5,000,000.00 Limit of Liability - Annual Aggregate: $5,000,000.00 AEA 00-823-14-89 AMES & GOUGH INSURANCEIRISK M{j. AGEMENT, INC. ~~{' '¡.~ (j,ù - /j 'ar all Afnes, ¿PCU #7507 MARSH .. , ^r\ CERTIFICATE OF INSURANCE'" ~c~;;~;;~;1 PRODUCER Marsh USA Inc. 1166 Avenue of Americas New York, NY 10036 Attn: John Burkart 212-345-6294 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE 00402--2005 COMPANY A HARTFORD CASUALTY INS CO INSURED HAZEN & SAWYER 498 7th Ave. New York, NY 10018 COMPANY B TWIN CITY FIRE INSURANCE CO I COMPANY C ILLINOIS NATIONAL INSURANCE CO. COMPANY D COVERAGES This certificate supersedes andreplace¡¡ ¡¡nyprellÎou¡¡lyissuedcertmcate forthe pOlicy period noted below. 3 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMEO HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO ! TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR' DATE IMMIDD/YV¡ DATE (MMIDDIYV) A GENERAL LIABILITY 10UUNUU0890 03/29/04 03/29/05 GENERAL AGGREGATE 1$ 2,000,000 e- X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ 2,000,000 ~tJ CLAIMS MADE ŒJ OCCUR PERSONAL & ADV INJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 e- , i" "0' "rnio,.t FIRE DAMAGE (Anyone fire) $ 1,000,000 MED EXP (Anv one oerson) $ 10,000 A AUTOMOBILE LIABILITY 10UENUU0960 03/29/04 03/29/05 $ 1,000,000 - COMBINED SINGLE LIMIT ~ ANY AUTO - ALL OWNED AUTOS BODILY INJURY $ _ SCHEDULED AUTOS (Per person) '---- HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AUTOS (Per accident) X DEDUCTIBLE COMP/COLLlSION $1000 PROPERTY DAMAGE $ GARAGE LIABILITY , AUTO ONLY - EA ACCIDENT $ - I - ANY AUTO OTHER THAN AUTO ONLY: - EACH ACCIDENT $ AGGREGATE $ C EXCESS LIABILITY BE 295 7887 03/29/04 03/29/05 EACH OCCURRENCE $ 15,000,000 ~ UMBRELLA FORM AGGREGATE $ 15,000,000 OTHER THAN UMBRELLA FORM $ B WORKERS COMPENSATIDN AND 10WBGD5842 03/29/04 03/29/05 X I T"ó~R(¡J¡~s I I OTH- EMPLOYERS' LIABILITY ER EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ ~INCL EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000 A I01HER Property (Special) 10UUNUU0890 03/29/04 03/29/05 Property (Limit) 11,UÖ4,J;¿4 , (Deductible) 5,000 I DESCRIPTION OF OPERATIONSILDCATIONSIVEHICLESISPECIAL ITEMS DESCRIPTION: CONTRACT 05-3681 FIXED TERM I&C ENGINEERING SVS. CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY AND UMBRELLA LIABILITY ONLY. CERTIFICATE HOLDER CANCELLATION BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA PURCHASING DEPARTMENT, PURCHASING BLDG G ATIN: STEVEN CARNELL, DIRECTOR OF PURCHASING 3301 TAMIAMI TRAIL EAST NAPLES, FL 34112 SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL -.3.0.. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN, aUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. Irs AGENTS OR REPRESENTATIVES, OR THE ISSUER OF THIS CERTlF!CA TE MARSH USA INC. BY: Donna J. DiDonato ~JÂ-~ MM1 (3/02) VALID AS OF: 02/22/05 SCHEDULE C TRUTH IN NEGOTIATION CERTIFICATE 16C9 In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Hazen & Sawyer. P.C. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Professional Instrumentation and Control (I & C) Engineering Services of the CONSULTANT to be provided under the Professional Services Agreement are accurate, complete and current as of the time of contracting. BY: ~",~. ~/I*,/O~- DATE: -25- 16C9 ~ COLLIER COUNTY GOVERNMENT Administrative Services Division Purchasing Building Purchasing Department 3301 E. Tamiami Trail Contract Administration Naples, Florida 34112 Telephone: 239/774-8407 FAX: 239/732-0844 www.colliergov.net April 27, 2005 Mr. Albert Muniz, P.E. Vice President Hazen & Sawyer PC 2101 Corporate Blvd., Suite 301 Boca Raton, FL 33431 RE: 05-3681, Contract Amendment # 1 Fixed Term Instrumentation and Controls (I&C) Engineering Services Dear Mr. Muniz, Please be advised that the original contract sent to you was approved by the County on February 22, 2005 and not on April 22, 2005 as mistakenly stated in my last letter. If there are any questions, please do not hesitate to contact me at 239/774-8949. Very truly yours, ~%t~ Kelsey Ward Contract Administration Manager cc: D. McGee Minutes & Records (2) ~ COLLIER COUNTY GOVERNMENT ,. /' (" -, JL' (.'- .,', !', " . ¡,' ¡ .. - '--'- \.~..., , Administrative Services Division Purchasing Department Contract Administration Purchasing Building 3301 E. Tamiami Trail Naples, Florida 34112 Telephone: 239/774-8407 FAX: 239/732-0844 www.colliergov.net April 25, 2005 Mr. Albert Muniz, P.E. Vice President Hazen & Sawyer PC 2101 Corporate Blvd., Suite 301 Boca Raton, FL 33431 RE: 05-3681, Contract Amendment # 1 Fixed Term Instrumentation and Controls (I&C) Engineering Services Dear Mr. Muniz, We are pleased to enclose your copy of the fully executed amendment, for the above-referenced service(s) which was approved by the County on April 22, 2005. If there are any questions, please do not hesitate to contact me at 239/774-8949. Very truly yours, - ~ ,^I~ J I Kelsey Ward Contract Administration Manager cc: D. McGee Minutes & Records (2) ~ Contract Amendment #1 for Contract 05-3681- Fixed Term Instrumentation and Controls (I&C) Engineering Services 16C9 This amendment, dated this J.J.."ó.. day of ~Q.. b ,2005 to the referenced agreement shall be by and between the parties to the original agreement, Hazen & Sawyer, P.C., (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding Replace paragraph 2 on page I with the following: WHEREAS, the OWNER desires to obtain professional Instrumentation and Controls (I&C) Engineering services of the CONSULTANT concerning work and/or the improvement of areas within the operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $90,000, and the maximum annual contract amount for all Work Orders issued under this Agreement shall not exceed $3,000,000. Work Order assignments in excess of $90,000 shall be approved by the Board of County Commissioners. Replace Section 5.5 with the following: 5.5 Total initial compensation for all services and expenses shall not exceed $90,000 per Work Order and the maximum annual contract amount for all Work Orders issued under this Agreement shall not exceed $3,000,000. Work Order assignments in excess of $90,000 shall be approved by the Board of County Commissioners. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF~ the Contractor.and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. . /kß- ITNESS CONSULTANT: HAZEN & SAWYER, P.C. By: Aâ.~~"1ù.J Gary W. Bars Type/Print Name ~~E~ Albert Muniz, P.E., Vice President Type/Print Name and title Dated: 4-"-0 S- Ghislaine Carr Type/Print Name Page 1 of2 Approved as to form and LegalSuffiC~ ~ R:Z¿ ~ Assistant County Attorney 16C9 OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~~. &W Step en Y. amell Director of Purchasing and General Services 16C9 MEMORANDUM TO: Clerk of Courts, Minutes & Records FROM: Brenda Reaves, Contract Technician Purchasing Department DATE: June 6, 2005 RE: 05-3681 Amendment # Fixed Term Instrumentation and Controls (I&C) Engineering Services Please find attached the above Amendment for the following contractors: Hazen & Sawyer RKS Consulting Carollo Engineers Camp Dresser & McKee ::::::oup Ikw cc: Contract Amendment #1 for 16 C 9 Contract 05-3681 - Fixed Term Instrumentation and Controls (I&C) Engineering Services This amendment, dated this 3 day of ~ , 2005 to the referenced agreement shall be by and between the parties to the original agreeme , Camp Dresser & McKee, Inc., (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). '~ ." j Statement of Understanding To replace paragraph 2 on page 1 with the following: WHEREAS, the OWNER desires to obtain professional Instrumentation and Controls (I&C) Engineering services of the CONSULTANT concerning work and/or the improvement of areas within the operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $90,000, and the maximum annual contract amount for all Work Orders issued under this Agreement shall not exceed $3,000,000. Work Order assignments in excess of $90,000 shall be approved by the Board of County Commissioners. Replace Section 5.5 with the following: 5.5 Total initial compensation for all services and expenses shall not exceed $90,000 per Work Order and the maximum annual contract amount for all Work Orders issued under this Agreement shall not exceed $3,000,000. Work Order assignments in excess of $90,000 shall be approved by the Board of County Commissioners. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date( s) indicated below. ,l . I ~. 0 :J( (]\ ~~~~T ~I~~%~\ ?-_..> CONSULTANT: CAMP DRESSER & MCKEE, INC. tcjlj$~/~ / By: l.\ (\ d~. \<C. t'-. ( ¿ () (, Type/Print Name ~~J~~~ SCd.lf: FAt'Rt¿oTN Type/Print Name LV· ¡¿ /<?¡¿ //}) f}/27Jty Type/Print Name and title Dated: t(__ )--0 S- Page 1 of2 --~....- Approved as to form and Legal sufficiency: 7?; ~ /~ Rob rt Zachary '/ Assistant Cou ty Attoroey OWNER: 16C9 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By ~!t.' ÇdII¡ Stephen Y. Cell, Purchasmg/General ServIces DIrector Page 2 of 2 Contract Amendment #1 for 1 6 C 9 Contract 05-3681 - Fixed Term Instrumentation and Controls (I&C) Engineering Services This amendment, dated this 3 , 2005 to the referenced agreement shall be by and between the parties to the original agreeme, Carollo Engineers, P.c., (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding Replace paragraph 2 on page 1 with the following: WHEREAS, the OWNER desires to obtain professional Instrumentation and Controls (I&C) Engineering services of the CONSULTANT concerning work and/or the improvement of areas within the operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $90,000, and the maximum annual contract amount for all Work Orders issued under this Agreement shall not exceed $3,000,000. Work Order assignments in excess of $90,000 shall be approved by the Board of County Commissioners. Replace Section 5.5 with the following: 5.5 Total initial compensation for all services and expenses shall not exceed $90,000 per Work Order and the maximum annual contract amount for all Work Orders issued under this Agreement shall not exceed $3,000,000. Work Order assignments in excess of $90,000 shall be approved by the Board of County Commissioners. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date( s) indicated below. ~k!Mw~_ , FIRST ITNESS C ' l '''-'Y1 a ]tv!rtt r/ If:it~r;¿~l~f,- -~ )-1 I-v", ~. I C::>I../ A/v ¡¡ . L./C/'JI-~.·c~ Type/Print Name " Partner Dated: '$- '-c;'? ~~. . Robert S. Cushing, Ph. D., P. E., Partner Page 1 of2 Approved as to form and Legal sufficiency: ~~ / Ro eft Zachary .,- Assistant County Attorney OWNER: 16C9 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Page 2 of 2 By: /~ ell, Purchasing/General Services Director Contract Amendment #1 for Contract 05-3681- Fixed Term Instrumentation and Controls (I&C) Engineering Services This amendment, dated this 3 day o~ ' 2005 to the referenced agreement shall be by and between the parties to the original agreeme , RKS Consultmg Engmeers, Inc., (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). 16C9 Statement of Understanding To replace paragraph 2 on page 1 with the following: WHEREAS, the OWNER desires to obtain professional Instrumentation and Controls (I&C) Engineering services of the CONSULTANT concerning work and/or the improvement of areas within the operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $90,000, and the maximum annual contract amount for all Work Orders issued under this Agreement shall not exceed $3,000,000. Work Order assignments in excess of $90,000 shall be approved by the Board of County Commissioners. Replace Section 5.5 with the following: 5.5 Total initial compensation for all services and expenses shall not exceed $90,000 per Work Order and the maximum annual contract amount for all Work Orders issued under this Agreement shall not exceed $3,000,000. Work Order assignments in excess of $90,000 shall be approved by the Board of County Commissioners. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each. respectively, by an authorized person or agent, hereunder set their hands and seals on the date( s) indicated below. ~. JA '--'\£\~ U \AJ---. - FIRST WI SS By: CONSULTANT: ~S C:~N..j~UL. TING ENGINEERS, INC. Id~LL~. f~j7lj)~~T 7)(1 f'J LOi oJ ""tt~~ Type/Print Name and title Dated:!! I 1,'1.1 ¿! > ~ A. CJ.,..¡ Pv-o\c. O'P~ b Type/Prin\ Name Page 1 of2 Approved as to form and Legal sufficiency: ~ R~/ Assistant County Attorney 16C9 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY~ ~I Gß! Stephen Y. Carne , Purchasmg/General SerVices Duector Page 2 of 2 ~,-~-,._.__._".._- .. Contract Amendment #1 for Contract 05-3681 - Fixed Term Instrumentation and Controls (I&C) Engineering Services 16C9 ;j This amendment, dated this I 9 day of tî Cuý , 2005 to the referenced agreement shall be by and between the parties to the original agreement, Hazen & Sawyer, P.c., (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding Replace paragraph 2 on page 1 with the following: WHEREAS, the OWNER desires to obtain professional Instrumentation and Controls (I&C) Engineering services of the CONSULTANT concerning work and/or the improvement of areas within the operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $90,000, and the maximum annual contract amount for all Work Orders issued under this Agreement shall not exceed $3,000,000. Work Order assignments in excess of $90,000 shall be approved by the Board of County Commissioners. Replace Section 5.5 with the following: 5.5 Total initial compensation for all services and expenses shall not exceed $90,000 per Work Order and the maximum annual contract amount for all Work Orders issued under this Agreement shall not exceed $3,000,000. Work Order assignments in excess of $90,000 shall be approved by the Board of County Commissioners. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSULTANT: HAZEN & SAWYER, P.c. 1 By: _ k(jA-c :r11(IPj' Alb~('+- ÎÎU'I'I2./ Vice PI'<?S ¡'cJ.('>j Type/Print Name and title ~I Ii 10 S- It Dated: SECOND ITNESS rpEl~ 12.'R.ß'~S'Ô() Type/Print Name Page 1 of 2 Approved as to form and Legal sufficiency: ~~ Robert Zachary / Assistant County Attorney /'7 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Page 2 of2 By: , / Cµf/);/~ 16C9 ell, Purchasing/General Services Director 16 C 10 MEMORANDUM Date: February 23, 2005 To: Thomas A. Deusa Property Acquistion Specialist From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Conveyance of an Easement with Florida Power and Light Please find enclosed a copy of the document as referenced above, (Agenda Item #16CIO), approved by the Board of County Commissioners on February 22, 2005. After the recording of this document and closing of the easement has been completed, please return the original document to the Minutes and Records Department where it will be retained in the Pulic Record. If you should have any questions, please call me at 774-8406. Thank you, Enclosure ORIGINAL DOCUMENTS CHECKLIST ~ ROUTING SLIp! TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ... 6 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE . Print on pink paper. Att~h to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates. and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routino order) CIa 1. 2. 3. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORlVIATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who createdlpn:pared the executive summary. Primary contact information is needed III the cvent one of the addressccs abovc, includlllg Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chalflnan's signature arc to bc delivercd to the BCC office only after the BeC has acted to approve the item.) Name of Primary Staff -rhOf"l'II') Phone Number Îïl.f 8'0 7 ~ Contact A. De"" fJ ""-- Agenda Date Item was Feb. ~~I ~oo5 Agenda Item Number I~ C 10 Approved by the BCC Type of Document f""st'o"W\el\t Number of Original Attached Documents Attached 0/ Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is Yes N/ A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman. with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. ìi' resolutions. etc. signed by the County Attorney's Office and signature pages from contracts. agreements. etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials,) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's ïD Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the ,Þ document or the tinal negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's It> signature and initials are required. 5. In most cases (some contracts are an exception). the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. ïD Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! INSTRUCTIONS & CHECKLIST I: Forms! County Formsl Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05 Memorandum 16 Clo TO: Minutes & Records ~anàg~t Thomas A. Deusa ~/ Property Acquisition Specialist Real Estate Services FROM: DATE: March 7, 2005 RE: Public Utilities - North Collier Regional Water Treatment Plant, Florida Power & Light Easement, Folio #00204800006 Please find attached one (f)°':1t~;".kI Easement Agreement from Collier County to Florida Power & Light. The Board of County Commissioners of Collier County, Florida approved the Easement on February 22, 2005, Item 16CI0. Please contact me if you have any questions or comments at Extension 8073. Thank you. Attachment as stated cc: Property Appraiser's Office Inventory File w/Attachment '._-~""'.'.._~-".. EASEMENT Form 3722-A (Stocked) Rev.7/94 16 Clo Work Order No. Prepared By: Name: Co. Name: FP&L Co. Address: 4105 S.W. 15th.Ave. Naples, Fl. 34116 Sec. 35, Twp. 48, Rge. 26. Parcel J.D. 00204800006 (Maintained by Property Appraiser) The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged. grant and give to Florida Power & Light Company. its licensees. agents, Successors, and assigns. an easement forever for the construction. operation and maintenance of overhead and underground electric utility facilities <including wires, poles, guys, cables. conduits and appurtenant equipment) to be instaHed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 10 feet in width, described as follows: An FP&L Company easement more particularly described on Exhibit "A" attached hereto and made a part hereof. Said easement prepared by Guy P. Adams of AgnoIL Barber & Brundage, Inc. Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at aH times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut aH dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant. if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF. the undersigned has signed and sealed this instrument on this ~ day of F~ br '^ MY. 2005. Board of County Commissioners ::lIier cou~ W. c+ Fred W. Coyle, Chairman 3564196 OR: 3739 PG: 3164 RlCORDID in OFFICIAL RICORDS of COLLIIR COUNfY, lL 02/23/2005 at 04:18PM DWIGHT B. BROCK, CLERK RIC 111 18.50 COPIES 2.00 3301 Tamiami Trail East Naples,morrda'"J,1112 ~\r' '": "'" ", ("\ ';:"j) t 1..),,/ ~ .J" ~ "or . (~,.. ~;.; ......:..... .'.~^ " ". ," ..... '. -. "A A t' - t· ,~,. . '-' . U~s' ','/ "". ~ '" D~ight .~. Brock" G:lë,rk( ~ {::,~.' <~\;. g ,. Retn: RIAL ISTATI SERVICIS IR'fBROlPICE ArT/THaNA A DIUSA ·'-..',I/t :f\ \~/' "'r'" . . ,:',/, Attest.. ' 3301 T~~lü~~_11. Naples, Florida 34112 o C. Approved as to form and LZSUfficiency: I . / /(,L ~ c(~~ ---Ellen T. Chadwell. Assiswnl County Attorney .c. '---- *** OR: 3739 PG: 3165 **, / of o Page FLORIDA PO\v'ER AND LIGHT DESCRIPTION ALL THAT PART OF SECTION 35) TO\o/NSHIP 48 SOUTH) RANGE 26 EAST) COLLIER COUNTY) FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FDLLO\o/SJ COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 35J THENCE NORTH 02'15/01' \o/EST 60.04 FEET TO THE NORTHERL Y RIGHT -OF -\0/ A Y LINE OF V ANDERBIL T BEACH ROAD (60' R,O,\o/,)J THENCE NORTH 89'55/22' EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 12,94 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBEDJ SAID EASEMENT BEING 10,00 FEET \o/IDE LYING 5,00 FEET ON EACH SIDE OF THE FDL1o\o/ING DESCRIBED CENTERLINEJ THENCE NORTH 0 ~e.0/57' EAST 21.40 FEETJ THENCE NORTH 3 31/11' EAST 18,03 FEETJ THENCE NORTH 2 15/01' \o/EST 8,58 FEET THE POINT OF TERMINUS OF THE EASEMENT HEREIN DESCRIB J EASEMENT CONT I S 480 SQUARE FEET OF LAND MORE OR LESSJ SUBJECT TO EA ENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. NO. 4390 .' .~":':: A,> :,>.,,~ "~~~~~. - ~ ,."""';'V rt'. N0' .,;' 'j.. \'~" ~.' ~ ........ ..,- " _J·..r.....,.~~,/···· ~~_~ ~"'.: . '~_ ~, ..; 0;1,.," ;:.'"... :j ~ .; ?,:,,"'< 1- - :. ; " . ,~,:-. r"'> "<.:' "-- .' -~ EASEMEfn <),'.,'y) ~CÃ¿EIJ<_'::"'3~/f ~>;.... ~\J '-;..; ,~ -';'~~l..",,),~ -.,. .~...).. .' .-( ';"11 .~~ ·C '.-~ ,," '1111, ," \'.".' .' .~'.' ' t , ., ~- ¿ l., , . )¡ .. BY PROPERTY LINE T.____ CONSERVA TION 10' WIDE FP&L EASEMENT WELL HOUSE #1 SOUTHWEST PROPERTY CORNER z o N . .... u:! o .... . :e:: VANDERBILT BEACH ROAD (60' R.O.W.) P.O.C. SOUTH 1/4 CORNER SECTION 35 CJ"> o o .¡o. SECTION LINE LINE TABLE GENERAL NOTES: 1) DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2) R.O.W. = RIGHT-OF-WAY. 3) P.O.C. = POINT OF COMMENCEMENT. 4) P.O.B. = POINT OF BEGGINING. 5) P.O.T. = POINT OF TERMINUS. for: LINE L1 L2 L3 L4 LENGTH 12.94 21.40 18.03 8,58 BEARING N 89'55/22' E N GO'30/57' E N 33'31/11' E N 02'15/01' \0/ NOT A SURVEY pro ject: HAZEN & SAWYER NCRWTP SKETCH AND DESCRIPTION OF A FP&L EASEMENT, PART OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. title: ....!J\ ====f-\.GNOLI ·····13 ===== ~BER & ......(3 ...... ...... RUNDAGE, INC. Professional engineers. planners, & land surveyors Collier County: Suite 200, 7400 Tamiami Trail. North; Naples, FL 34.108 (239)697-3111 Lee County: 9990 Coconut Road. Suite 103, Bonita Sprin¡s. FL 34.135 (239)94.8-8663 Certificate of Authorization Nos. LB 3664. and EB 3664. Fax: (239)566-2203 date: DEC. 29. 2004 scale: book: 1"=30' page: pro ject nO':8100-24 acad: view: file no: 8959-SD 8959 16Cl1t MEMORANDUM Date: March 29, 2005 TO: John Curran, Purchasing FROM: Heidi R, Rockhold, Deputy Clerk Minutes and Records Re: Contract 05-3767 "Wastewater Collections Master Pump Station Facility Rehabilitation" Contractor: Gulf States, Inc. Enclosed are three (3) original documents, as referenced above (Agenda Item #16Cll), approved by the Board of County Commissioners on Tuesday, February 22, 2005. Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have their copies. If you should have any questions, you may contact me at 732-2646 ext. 7240. Thank you, Enclosures (3) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper, Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP 16Cl1 Complete routing lines #1 through #4 as appropriate for additional signatures. dates. and/or information needed. If the document is already complete with the exceDtion of the Chairman's si¡mature, draw a line throu2h routin2lines #1 throuidl #4. complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin2 order) 1. 2. 3, 4. Scott R. Teach Assistant County Attorney SRT 3/25/2005 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. ) Name of Primary Staff John Curran, Purchasing Agent Phone Number 417-6098 Contact Agenda Date Item was February 22, 2005 Agenda Item Number 16.C.ll Approved bv the BCC Type of Document Wastewater Collection Master Pump Number of Original Five (5) Attached Station Facility Rehabilitation Documents Attached Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by theChairrnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attòrney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the final ne.e;otiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SRT si.e;nature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip SRT should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on Februarv 22. 2005 and all changes made SRT during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chane:es, if applicable. INSTRUCTIONS & CHECKLIST I: Forms! County Formsl BCC Forms! Original Documents Routing Slip WWS Original 9,03.04, Revised 1.26.05, Revised 2.24.05 ~. òJ-12A-.5 16Cl1t FILE NO.: ,~ .~ ¡ ¡~- 1 r-~·rL ; ~v',- \...~'I \. It... "'0'-" "i!,\:\y ATTU'~\PNif:\ lJ -J... i', 'i I f 1 t \ .. ~ DATE RECEIVED: CJ 6- fte _ oo/c¡o 2005 ~AR22 PM r" ~ V ITEM NO.: REQUEST FOR LEGAL SERVIC '~d+ ~cI '37a-~ )15 c- C '. J J2- 1 ~Zr P De/,'vüt .Jv t5¿C ROUTED TO: DO NOT WRITE ABOVE TillS LINE To: March 17, 2005 Scott Teach <::Æ Æ Assistant County ~~e} Date: From: John P. curran¡;e. Purchasing Agent 239/417-6098 Re: Contract #05-3767 "Wastewater Collections Mast Rehabilitation" Contractor: Gulf States, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on February 22,2005 Agenda Item: 16.C.ll This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMM:ENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. 16Cl1. Memorandum RE: March 17, 2005 ~ DATE RECnVED Sheree Mediavilla, Senior Analyst 0 , \ 0 Š .l., 'MAR 7 2005 Risk Management Department /\j ") (L ~¡~ MANAGE ~\d- ¡T ,¡ /Þ{ _):I~ENT'l' JohnP.Curr~ ~J /. ~ ~,.,..., /).' Purchasing A~~t n þ r:.Y tw' vf 0 ~ At' () r '-" r" '(' ..)J \..J ~~ ,v· -J \ /.' Review of Insurance for: 05-3767 "Wastewater ~ollections Master Pump Station Facility Rehabilitation" DATE: TO: FROM: Contractor: Gulf States, Inc. This Contract was approved by the BCC on February 22,2005 Agenda # 16.C.11 Please review the Insurance Certificate and Payment and Performance Bonds in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 6098. CC: Dennis McGee, PUED ---.--.--.. ~J?P (V ~ \'ò John The specific insurance requirements are not included in Exhibit B in contract 05-3767 - Gulf States, Inc. The Certificate of Liability Insurance is attached, but the actual requirements are not spelled out. Sheree Mediavilla Risk Manager 77 4-8839 -.._.~"_.,.,,--" 16Cl1 -._' <---- 16Cll. WASTEWATER COLLECTIONS MASTER PUMP STATION FACILITY REHABILITATION Collier County Wastewater Department COLLIER COUNTY BID NO. 05-3767 COLLIER COUNTY WATER-SEWER DISTRICT Design Professional: RKS Consulting Engineers, Inc. 15400 Shamrock Drive Fort Myers, FL 33912 COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 "_._.~- _ A. - D. TABLE OF CONTENTS B. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE ONE ONLY) INSTRUCTIONS TO BIDDERS C. BID PROPOSAL, BID SCHEDULE AND OTHER PROPOSAL DOCUMENTS AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirements EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits 16Cll. Plans and Specifications prepared by RKS Consulting Engineers, Inc., and identified as follows Wastewater Collections Master Pump Station Facility Rehabilitation, as shown on Plan Sheets: Cover Page, E1 through E20. EXHIBIT L: PUBLIC NOTICE 16Cl1. INVITATION TO BID COLLIER COUNTY WATER - SEWER DISTRICT COLLIER COUNTY, FLORIDA Wastewater Collections Master Pump Station Facility Rehabilitation COUNTY BID NO. 05-3767 Separate sealed proposals for the Wastewater Collections Master Pump Station Facility Rehabilitation addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 20th day of January, 2005, at which time all proposals will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A mandatory pre-bid conference shall be held at the Purchasing Department Conference Room, at 11 :00 A.M. LOCAL TIME on the 7th day of January, 2005, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. In instances where the County has deemed the pre-bid to be Mandatory. the Bidder's failure to attend the pre-bid conference shall result in the reiection of his bid. Sealed envelopes containing bids shall be marked or endorsed "Proposal for County Water-Sewer District, Collier County, Florida, Wastewater Collections Master Pump Station Facility Rehabilitation, for the Collier County Wastewater Department, County Bid No.05-3767, and Bid Date of January 22, 2005". No bid shall be considered unless it is made on the Bid Proposal which is included in the Bidding Documents. The Bid Schedule (WS-P-1 through WS-P-13) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined in the office of the Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, upon payment of $25.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is non-refundable. The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw-Hili Construction Dodge 2830 Winkler Avenue, Suite 104A Ft. Myers, FL 33916 WS-PN-1 16 Cll · Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The successful Bidder shall be required to furnish the necessary Performance and Payment Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Performance and Payment Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or, Performance and Payment Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the work contemplated herein, the County shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the County to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within two hundred forty (240) calendar days from and after the Commencement Date specified in the Notice to Proceed. The County reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date. Dated this 22nd day of December 2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, NAPLES, FLORIDA BY: Stephen Y. Carnell Purchasing Director WS-PN-2 .' .._-_._.,--_.~..,.,,-_.,.,-,,- PART B - INSTRUCTIONS TO BIDDERS 16Cl1. Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean a Division Administrator or Department Director acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. Any or all duties of the Design Professional referenced under this Agreement may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, the Project Manager may formally assign any of his/her duties specified in this agreement to the Design Professional. 1.4 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.5 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages WS- P-1 through WS-P-13 as bound in these Bidding Documents). The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name, Bid Opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. WS-I B-1 Section 3. Bid Deposit Requirements 16Cl1 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in Naples, Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the Bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the successful Bidder fails to execute and deliver to County the Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award said alternates at a later time, but no later than one hundred twenty (120) days from opening, unless otherwise authorized by the Purchasing Director. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reiect Proposals 4.1 Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president or a vice president, and a corporate seal must be affixed and attested to by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation must be shown below the signature. 5.2 Bid proposals by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his signature shall be inscribed. WS-IB-2 16Cll. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Proposals Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting his Bid, that he has received all addenda issued and he shall acknowledge same in his Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is mandatory. In instances were the County has deemed the pre-bid to be mandatory. the Bidder's failure to attend the pre-bid conference shall result in the reiection of his bid. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting his Bid, each Bidder certifies that he has: a. Examined all Bidding Documents thoroughly; WS-IB-3 16Cl1. b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of his observations with the requirements of bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting his Bid, each Bidder shall, at his own expense, make such additional surveys and investigations as may be necessary to determine his Bid price for the performance of the Work within the terms of the Bidding Documents. ' Section 10. Material Reauirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, for should conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation shall file his protest with the Purchasing Director in writing prior to the time of the bid opening. WS-IB-4 16Cl1. Award of contract shall be made to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner through its use of subcontractors. The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from bidding the County, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. When the contract is awarded by Owner, such award shall be evidenced by a Notice of Award, signed by the Project Manager of Owner and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. Award of Contract will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the offices of the Purchasing Director. For Bidders who may wish to receive copies of Bids after the Bid opening, The County reserves the right to recover all costs associated with the printing and distribution of such copies. Section 13. Sales Tax Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes. All successful bidders will be provided a copy of Collier County's Certificate of Exemption (#21-07-019995-53c) upon contract award. Corporations, Individuals and other entities are impacted by Chapter 212, Florida Statutes according to the type of service, sale of commodity or other contractual arrangement to be made with Collier County. By submittal of a properly executed response to a Bid Proposal from Collier County, Florida the Bidder is acknowledging that he is aware of his statutory responsibilities for sales tax under Chapter 212, Florida Statutes. Collier County is also exempt from most Federal excise taxes. By submittal of a properly executed response to a Bid Proposal from Collier County, Florida, the Bidder is acknowledging that he is aware of his responsibilities for Federal excise taxes. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to this work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the successful bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The successful bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. WS-IB-5 16Cl1. Section 15. Use of Subcontractors 15.1 To ensure the work contemplated by this contract is performed in a professional and timely manner, all subcontractors shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the contract requirements and has the integrity and reliability to assure good faith performance. A subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the contract within the time required Owner reserves the right to disqualify a Bidder who includes subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Contract. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2003-53, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. WS-IB-6 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 774-8407 FAX (239) 732-0844 16Cl1. www.colliergov.net ADDENDUM DATE: January 14, 2005 TO: Interested Bidders ~ FROM: Lyn M. Wood, C.P.M. Contract Specialist SUBJECT: Addendum # 1 - Bid #05-3767 - "Wastewater Collections Master Pump Station Facility Rehabilitation" Addendum #1 covers the following: Enclosed is a CD containing pictures at the plant requested by a potential bidder(s) at the mandatory pre-bid held on January 7,2005. Change: Page WS-PN-1 as attached. If you require additional information please call Dennis McGee, Public Utilities Engineering Department at 239/530-5347, or bye-mail atdennismcgee@colliergov.net. or me at 239n74-8425 or bye-mail atlynwood@colliergov.net. NOTE: Words struck through have been deleted, words underlined have been added. cc: Dennis McGee, PUED Don Williams, RKS Consulting Engineers ¡.Q~ull · PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY WATER - SEWER DISTRICT COLLIER COUNTY, FLORIDA Wastewater Collections Master Pump Station Facility Rehabilitation COUNTY BID NO. 05-3767 Separate sealed proposals for the Wastewater Collections Master Pump Station Facility Rehabilitation addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 20th day of January, 2005, at which time all proposals will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A mandatory pre-bid conference shall be held at the Purchasing Department Conference Room, at 11 :00 A.M. LOCAL TIME on the 7th day of January, 2005, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. In instances where the County has deemed the pre-bid to be Mandatory. the Bidder's failure to attend the pre-bid conference shall result in the reiection of his bid. Sealed envelopes containing bids shall be marked or endorsed "Proposal for County Water-Sewer District, Collier County, Florida, Wastewater Collections Master Pump Station Facility Rehabilitation, for the Collier County Wastewater Department, County Bid No.05-3767, and Bid Date of January 6t20, 2005". No bid shall be considered unless it is made on the Bid Proposal which is included in the Bidding Documents. The Bid Schedule (WS-P-1 through WS-P-13) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined in the office of the Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, upon payment of $25.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is non-refundable. The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw-Hili Construction Dodge 2830 Winkler Avenue, Suite 104A Ft. Myers, FL 33916 WS-PN-1 THIS SHELf MUST BE SIGNED B. VENDOR 16 Cll BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMP 0 R TAN T: Please read carefully, sign in the spaces indicated and return with your bid proposal. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Board of County Commissioners Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11" The mailing envelope must be sealed and marked with: <::>Bid Number; 05-3767 <::>Project Name; Wastewater Collections Master Pump station Facili t~ <::>Opening Date. January 20, 2005 Rehabilitatic 12. The bid will be mailed or delivered in time to be received no later than the specified oDeninq date and time. (Otherwise bid cannot be considered.) ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET GULF STATES, INC. Bidder Name -;ø: ~ Signature & Title January 20, Date J. Rogers, Vice President WS-P-13 16Cll. BID SCHEDULE WASTEWATER COLLECTIONS MASTER PUMP STATION FACILITY REHABILITATION BID NO. 05-3767 1 Mobilization/shop drawings, etc 1 LS 5,000 2. MPS-301 rehabilitation 1 LS 51,500 3. MPS-302 rehabilitation 1 LS 109,100 4 MPS-306 rehabilitation 1 LS 65,700 5 MPS-312 rehabilitation 1 LS 117,800 6 MPS-303,304,305, 308, 310, 313 & 321 Rehabilitation 1 LS 84,400 7 MPS- 309, 316, 318 rehabilitation 1 LS 3,900 8 De-Mobilization/as-built documents etc. 1 LS 1 ,000 TOTAL BID PRICE 438,400 TOTAL BID PRICE IN WORDS: FOUR HUNDRED THIRTY EIGHT THOUSAND FOUR HUNDRED DOLLARS EVEN. WS-P-2 MATERIAL MANUFACTURERS 16Cll. The Bidder is required to state below, material manufacturers he proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL MANUFACTURER 1. VARIABLE FREQ. DRIVERS CUTLER-HAMMER 2. AUTO TRANSFER SWITCHES CUMMINS ONAN 3. SURGE SUPPRESSORS POWERLOGICS 4. 5. 6. Dated 01-20-2005 GULF STATES, INC. Bidder s, Vice President By: WS-P-3 LIST OF SUBCONTRACTORS 16Cll. The undersigned states that the following is a full and complete list of the proposed subcontractors on this Project and the class of work to be performed by each, and that such list wiH not be added to nor altered without written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by this Agreement, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The County rèserves the right to disqualify any bidder who includes noncompliant and or non-qualified subcontractors in his/her bid offer. Further, the County may direct the bidder/contractor to remove/replace subcontractor that is found to be noncompliant with this requirement subsequent to award of the contract at no additional cost to the County. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. Subcontractor and address Class of Work to be performed 1. EATON-CUTLER HAMMER REMOVE - REINSTALL VFD 2. 3. 4. 5. 6. 7. By: WS-P-4 , Vice President Dated 01-20-2005 STATES, INC. STA rEMENT OF EXPERIENCE OF BIDuER 16Cl1. The Bidder is required to state below what work of similar magnitude is a judge of his experience, skill and business standing and of his abmty to conduct the work as completely and as rapidly as . required under the terms of the contract. Proiect and Location Reference 1. PUMPING STATION 107 HIGGINS CONSTRUCTION COLLIER COUNTY 2. PUMPING STATION 1.03 HIGGINS CONSTRUCTION COLLIER COUNTY 3. NORTH COUNTY WASTE WTP ENCORE CONSTRUCTION COLLIER COUNTY 4. SOUTH COUNTY WASTE WTP MITCHELL & STARK CONSTRUCTION COLLIER COUNTY 5. GOODLAND WTP PUMPING STATION ENCORE CONSTRUCTION COLLIER COUNTY 6. NORTH COUNTY WTP MILNER CONSTRUCTION COLLIER COUNTY 7. 8. Dated 01-20-2005 GULF STATES, INC. Bidder By: Vice President '" Martin WS-P-5 TRENCH SAFETY ACT 16Cll. Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act, Chapter, 553, Part VI, Florida Statutes. The Bidder further identifies the cost to be summarized below: Trench Safety Measure (Description) Units of Measure (LF.SY) Unit (Quantity) Unit Cost Extended Cost N/A N/A N/A N/A 1. N/A 2. 3. 4. 5. 6. Total $ N/ A Failure to complete the above may result in the Bid being declared non-responsive. Dated 0 1 - 2 0 - 2 0 0 5 GULF STATES, INC. Bidder rs, Vice President By: WS-P-6 CONFLICT OF INTEREST 16Cl1. 1. Bidder shall provide ful~disclosure of information on any work performed for private interests within the past two (2) years, especially work that is not yet completed. 2. Bidder shall provide a declaration of commitment not to pursue any private sector work within the limits of the County project or directly affected by the County project until the County project is completed and accepted by the County. Contractor may request a waiver of this provision from the Project Manager. A waiver may be granted at the sole discretion of the County. 3. Bidder shall provide a certification by a principal of the firm that the firm will comply fully with items 1 and 2 above, and to certify that no conflict of interest does exist or will arise if firm is awarded a County project. If more space is required, please attach additional pages. Failure to provide the documentation requested above may result in the Bid being declared non-responsive. NONE. GULF STATES, INC. Contractor By: Date: 01-20-2005 Its Vice President WS-P-7 BID BOND OFLO 5 2.8471 16 Cll KNOW ALL MEN BY THESE PRESENTS, that we Gulf States, 'Ìnc 4585 Proqress Ave, Naples, Fl , (herei~ after called the Principal) and Ql.ª RpPl1hl; r ~l1rety POBox 46f)R.W;ntprP~r1< Pl ~?793 ' (herein called the Surety), a corporation chartered and existing under the laws of th'e State of Fl or; d<'3 with its principal offices in the city of winter Park, Fl and authoñzed to do business in the State of Flori n<'3 are held and firmly bound unto the ('f111; pr rrmn~y Eo.rÇj Qf Commissioners (hereinafter called the Owner, in the full and just sum of 5% of amount Bid dollars ($ ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns. jointly and severally and firmly by these presents. . Whereas, the Principal is about to submit, or has submitted to the Owner, a proposal for furnishing all labor. materials, equipment and incidentals necessary to furnish and install: Wastewater Collections Master Pump Station Facility Rehabilitation Bid No. 05·3767 NOW, THEREFORE: The conditions of this obligation are such that if the Proposal be accepted, the principal shall, within fifteen days after the date of a written Notice of Award, execute a Contract in accordance with the Proposal and upon the terms, conditions and price(s) set forth therein, of the form and manner required by the Owner, and execute a sufficient and satisfactory Contract Performance Bond and Payment Bond payable to the Owner, in an amount of one hundred' percent (100%) Percent of the total Contract price each in a form and with security satisfactory to the said Owner, then this obligation to be void; otherwise to be and remain in full force and virtue in the law; and the Surety shall, upon failure of the Principal to comply with any or' all of the foregoing requirements within the time specified above, immediately pay to the aforesaid Owner, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty but as liquidated damages. IN TESTIMONY Thereof, the Principal and Surety have caused these present to be duly signed and ." sealed this 14th day of January , 2004. .~... Gulf States, Inc. Principal () '\ A , / vU~_i!:~ Deane Madison, President .. ,. By: (Seal) Old Republic Surety Surety ~~.(j)~ (Seal) Terrie E. Williams Attorney-in-Fact Countersigned ~h~ v1-W~ Linda Thielman 239-542-7101 Local Resident Producing Agent for Prpm; pr TnC:l1r~nC''''' CorT POBox 100770, Cape Coral Fl 33910-0770 __~_~_ø."_"~'~"~"___~_""·""" -__...., ~- --~-----, **** * * . : OLD REPLBLIC ***** DATE: 01/14/?005 Old Reoublic Insurance Comoany (Old Reoublic) as aaent for: Old Republic Surety Company, Bituminous Casualty Corporation, and International Business & Mercantile REassurance Co. 01 }public P.v. dox 1635 Milwaukee, WI 53201 (800) 217-1792 16Cll TO BE ATTACHED TO AND FORM PART OF CONTRACT BOND NUMBER: of 105 2 84 71 PRINCIPAL: GÙl1f States, Inc. OBLlGEE: Call ier County Boa rei of C;omm; c;c;; onprc; RIDER - POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Rider has been provided to Principal and Obligee. Coverage for acts of terrorism is included in the captioned' bond. You should know that, effective November 26, 2002, under that bond, any losses caused by certified àcts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by Old Republic. The established annual deductible is equal to 7% of the prior years direct earned premium written by Old Republic for losses incurred in 2003,10% for losses incurred in 2004, and 15% for losses incurred in 2005. Payment for a loss will not exceed the limit of 1iability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. As defined in Section 1 02( 1) of the Terrorism Risk Insurance Act of 2002, a certified "act of terrorism" means any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the 'United States, to be an act of terrorism. To.be certified, the act of terrorism must be: 1) a violent act or an act that is dangerous to human life, property, or infrastructure; 2) have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel, or the premises of a United States mission; and 3) have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. You have a right to purchase insurance coverage for losses arising from terrorism, or you may choose to reject the purchase. SELECTION OR REJECTION OF TERRORISM INSURANCE COVERAGE The premium you have been charged for this bond includes terrorism coverage, for a premium of $ which you must pay within 30 days of this offer. THE PREMIUM CHARGED FOR THIS COVERAGE DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. Note: If yOU reiect the coveraae. YOU must check the box below. sian this form. and return It to the address shown above. The cremium will be credited. o I hereby elect to have the exclusion of terrorism coverage apply to this bond. I understand that I will have no coverage for losses arising from acts of terrorism. The undersigned agrees that this election will apply only to this bond, ~____F~~ James E. Lee /" Bond Obligee's Signature Vice President - Old Republic Insurance Company President - Old Republic Surety Company Print Name Vice President - Bituminous Casualty Corporation Vice President - International Business & Mercantile REassurance Co. Date ORSC 22836 (1/2003) Attach to all contract bonds as a cover page. 16Cl1 Upon receipt of written"notice of the conditional acceptance of this Bid, Bidder will execute the formal Contract attached within 10 calendar days and deliver the Surety Bond or Bonds and Insurance as required by the Contract Documents. The bid security attached in the sum of: (5% of total bid amoun t. ) dollars ($ ) is to become the property of the Owner in the event the Contract, Insurance and Bonds are not executed within the time above set forth for the delay and additional expense to the Owner. If awarded a contract under this Proposal, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Proposal within two hundred ten (210) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within two hundred forty (240) consecutive calendar days, computed by excluding the commencement date and including the last day of such period. Respectfully Submitted: State of Florida County of Collier Martin J. Rogers, Vice President . being first duly sworn on oath deposes and says that the Bidder on the above Proposal is organized as indicated below and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Martin J. Rogers, Vice President , also deposes and says that he has examined and carefully prepared his Bid Proposal from the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. WS-P-8 (a) Corporation 16Cl1. The Bidder is a corporation organized and existing under the laws of the State of Florida , which operates under the legal name of Gul f S ta tes , Inc. and the full names of its officers are as follows: President Michelle R. Madison Secretary Phyllis J. Madison Treasurer Manager Deane F. Madison, CEO and it (does) Ðk(d0e5~khave a corporate seal. The (name) Martin J. Rogers, VP is authorized to sign construction proposals and contracts for the company by action of its Board of Directors~xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx~xa~::eøfi}¥~xWJaidoxÌßxR&tetct 5ttäðÞfMfStli~:ootc~~~ð~ð~iK«Øt~ð~. (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: N/A The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is if operating under a trade name, said trade name is N/A , and Dated 0 1 - 2 0 - 2 0 0 5 Gulf states, Inc. a Florida Corporation legal entity WS-P-9 .-.----.'-.. ..,.....",........_~,-".__.._...~--.....~-~-,_..~.~. 16Cl1 artin J. Rogers Vice President [Corporate Seal] STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 20th day of January , 2004, by Martin J. Rogers as Vice President of Gulf states, Inc. ,a Florida corporation, on behalf of the corporation. He/she is personally known to me ~:iI3s~f!h!1l&fB1ixxxxxxxxxxxxxxxxxxxxxxxxx ~~¡;a¡äQJPf and àidx(did not) take an oath. My Commission Expires: July 28, 2006 '. ~-"", -..,.' \ , " ~ J .-- \ ~,.\\}. (', <:" ", (Signature of Notary) ~ \, ''-..!~~) 0\__ . \'. ...~Y:;¡;"'" PATRICIA A.I50N tf'"h.';1 MY COMMISSION # DO 104161 ~.~~~".-Ò EXPIRES: July 28, 2006 ; "~ OF ',;,~., Bonded Thru Not.T)' Public Underwr~ers ~ "u,..''- Name: Patricia A. Ison (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Florida Commission No.: DD 104161 WS-P-10 CONSTRUCTION AGREEMENT 16Cl1. THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, Ex-Officio the Governing Board of the Collier County Water-Sewer District ("Owner"), hereby contracts with Gulf States, Inc. of 4585 Progress Ave., Naples, FL a Florida Corporation to perform all work ("Work") in connection with the Wastewater Collections Master Pump Station Facility Rehabilitation, Bid No. 05-3767 ("Project"), as said Work is set forth in the Plans and Specifications prepared by RKS Consulting Engineers, Inc., the Engineers and/or Architects of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Instructions to Bidders, the Proposal and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor up to five (5) sets of the Contract Documents as are reasonably necessary for execution of the Work. Additional copies of the Contract Documents shall be furnished, upon request, at the cost of reproduction. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: four hundred thirty-eight thousand, four hundred dollars and zero cents ($438,400.00). WS-CA-1 16Cl1 I. Release of Contractor's Responsibility. The County considers the Contract complete when the Contractor has completed in its entirety all of the work and the County has accepted all of the work and notified the Contractor in writing that the work is complete. The County will then release the Contractor from further obligation except as set forth in his bond and except as provided in the Contract. J. Recovery of Damages Suffered by Third Parties. When the Contractor fails to complete the work within the Contract Time or within such additional time that the County may grant, the County may recover from the Contractor amounts that the County pays for damages suffered by third parties unless the failure to timely complete the work was caused by the County's act or omission. Section 6. Exhibits IncorDorated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Plans and Specifications prepared by RKS Consulting Engineers, Inc., and identified as follows, Wastewater Collections Master Pump Station Facility Rehabilitation, as shown on Plan Sheets: Cover Page and E1 through E20. Section 7. Notices. A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Dennis McGee Principal Project Manager Instrumentatlon/SCADA Manager (PUED) Department 3301 East Tamlaml Trail Naples, FL 34112 (239) 530-5347 B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: WS-CA-4 16Cl1 Gulf States, Inc. Mr. Martin J. Rogers, Vice President 4585 Progress Ave. Naples, Florida 34104G C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 9. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 10. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 11. No Waiver. The failure of the Owner to enforce at any time or for any period of time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 12. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 13. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 14. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all change orders to the Agreement to the extent provided for under the County's Purchasing Policy and accompanying administrative procedures. WS-CA-5 16CIJ Section 15. Construction Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 16. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict obligation under the Contract Documents upon the Contractor. .:. .:. .:. .:. .:. .:. .:. .:. .:. .:. .:. .:. .:. .:. .:. ........ ...... WS-CA-6 16 Cll IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: Gulf States, Inc. 4585 Progress Ave Naples, FL 34104 /" ""--'- \ FIRST WITNESS ~~cK V.. hfic-&-Y Type/Print Name / ~.~~ I ~~ ' SECOND ITNESS wL A'~/) /" , . ~ / / b/_ /, ¡ By: /~".. f ¡C;~ '. . . Þ1z", ~\l . Koc c.!'5 V"c:.. < '?r """), ~,{-«. ,,<.-!- Type/Print Name an it Ie Affix the "(Corporate Seal}" OR type/print "(Corporate Seal)" ~' \~\~~ ~\\ Type/Print Name Date: ;;). - ð ~ - dco~~ ATTEST: - " n. q, c,"I/Jt,r~¡'t') (Ii, - ,,\\ -' . . . ". ,. 11/....... " -\". .' ''''''.. ('.-".- , " \, OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT - " B" '1.0-." 'f'" 1~" .. '-. '''' At~t\~~::-f~!.~t.; ItlllttN:'l òíll.¡\\'ty): "'.' ~:- a.. Þ "~,.,Jj,,;. ~ . ",. ",,:...4" , 1,.) .................. \(j;;) . Approved As To'F2QrtTl'fU ~'\~;)~ ".' a~';¡;L Scott Teach Assistant County Attorney By: '1uJ-w. ~ Fred W. Coyle, Chairman WS-CA-7 Item # )t Q t \ \ Agenda :l-~~ _()) Date ~:~~ 3 -~q - o~ EXHIBIT A PUBLIC PAYMENT BOND 16Cl1 Wastewater Collections Master Pump Station Facility Rehabilitation Bid No. 05-3767 CONTRACT NO. BO N D No. CXNJ528471 05-3767 KNOW ALL MEN BY THESE PRESENTS: That 'Gulf states, In::. 4585 P.I:'o]œss Ave, N:lples Fl 34104 , as Principal, and Old R:µIDlic Surety , as Surety, located at 1025 S:uth S3roran Blvd. winter Park. F1 32792 (Business Address) are held and firmly bound to Cbll ier Chmt-¥ FrAm of ChrrrriC:::C:;{"T1f:::>rc:: as Obligee in the sum of Fær hn:ke:J thirty eiqht th::usarrl fær Ì1L1rdr'Ed ml1;::¡rc:: ($4:£.400.~) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 24th day ofFebræry 2005 with Obligee for W3stava.ter Cb:Llætims M:tster Pæp statim Rà1abilitatim in -. accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, - supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then is bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The p-ovisjons of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment - Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 4th day of M3rd1 , 2005' the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. WS-CA-A-1 ,.__._------~-,~ Signed, sealed and delivered in the presence of: PRINCIPAL: 16 Cll ()L~9<~ - Witnes es as to Principal Gul f St~~ ~?7 BY~Y Name: ~. Its: viœ Presid=m. STATE OF Floriæ CO U NTY 0 F c....ùLl...-t -=- iL The foregoing instrument was acknowledged before me this 4tu-day of ~\.~~ H 2005 by M t\:-ìLT 1'-\ _J - \Lc..--'G¿Il.S I as \/(CJ.:::-- t17.i?S1 Pé7Vr of Gru L-l"=: ST.qrc:>,:t::;...r C I a t/y corporation, on behalf of the corporation. I He/she is º-ersonallì' known to me OR has produced as identification and did (did no»,take an oath. My Commission Expires: ~~~ ct-~ ~ (Signature of Notary) NAME: ~Þ+L'-< W hN~Y (Legibly Printed) ( ...~. JACK W. FINLEY ª*r¿~ MY COMMISSION # DD 177504 \:~ EXPIRES: March 7, 2007 '8r..!I\\ Bonded Thru Notary Public lJnderwrite!1 (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No. ATTEST: SURETY: Old R::pJblic 9Jœty (Printed Name) 1025 S::uth Saroran Blvd Sui t.e 1085 Wint:er- Park Fl 32732 (Business Address) (Authorized Signature) Witnes~ é:1S to S"~r~ty (Printed Name) Att.ol:"rEy-in-Fact OR WS-CA-A-2 ----"_...._-~_._... ~_......-_._.._.." . .__ _"___'H_'_...~__.___._~_~_>~_ _~b>~16Cll As Attorney in Fact (Attach Power of Attorney) -~~ Nitnesses Prerrier Tnc:;¡]l'"r1rrP rhrrnr;::¡+kn PO BJx 100770 Cafe Cbral F1 33910-0770 (Business Address) 'Ierrie E. Williarrs (Printed Name) 2:B-542-710l (Telephone Number) STATE OF Florida COUNTY OF TFF. The foregoing instrument was acknowledged before me this Æ:.h..day of Mm:h 'furrie E. -Vl.ill;arrR , as attoFn:::y in f~ Old ~iblic ~y . Surety, on be alf of Surety. personally known to me OR has produced _ identification and who did (did not) take an oath. 200§ by of He/She is as My Commission Expires: ú«Jun LAJdli O~~ ~ (Signature of Notary) N a me: Ail€a1 Williarrs (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of F1arida Commission No.: DD LD~qC1Lt AilEEN WILliAMS Notary Public, State of Florida \~v comm. expo Apr. 16,2007 " Somm. No, DO 203994 WS-CA-A-3 ..._--_."'_._...._.~_._- ....___,,·__,____~~..n......__. III III~* *" * * * ..., I~ OLD REPLBLIC 1111'** * Surety Company III. ** 16Cll POWER OF ATTORNEY KNOW ALL M.EN BY THI;SEPRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsìflstock insurance corporation, does make, constitute and appoint: , ',,',.' "",,' '..'.'.. JACQUEltINE WIER, LAWRENÇJEWIER, TERRIE E. WI:ýL+AMS", OW CAPE CÖRi\.L, FL .. '.. -- --- -. -, ---- --- .. >:-, ,::,-:::' ::-'. ",.:.- -"....:. '-"', . :", ,_>:,:- ':_' .:-;;:. ·c-: ",'_ ,'.:. . . .. - ..- --.. -, -',' -"- .,.. . .. ..- ., ' :-.: .:,.,., ,',--' .-,"" ',,', '.. .-' -- -- "." ._--. '. . .. :' ",-:' -.", -".', ....c0' :'-" .' :,'-'-' -,::.":: -,:'_:' :.<: ',' ..-: ".'-:'- ".;:.- -',. -, .". .. ,.... ",'- .-.' ,", .-.. ::::, ;.< :<. :<": - '-' ::-:- ':. ',' :c.'. _:'_",'. .."', .. . ',-- ,. ... ..... ,','-' .'-.-.-'......" -...-,- .. . :- .. -,'-," ',',...- ..,'" ',",'-' " ,,' .'._..--,...._,,',._...-,.-... .- ," '- . ,",'--.. -.... --- . --.. -- -.,,'- ," -... .".. its true and lawful Attorn"Yts)-in-Fact,with full power and auth¿ritYf~rcind9n behalf of the comMrW ~9 surety, to exoc~t~ and df¡livercandaffí~\:hé~éålof the company theretoOfa .sear is required), bonds, undertakings, recJ0gnlzances or other written obligatiensiQJhe nature thereof, (other th;;¡n båil b?nds, batikdepo(>itory oonds, mortgage defìdency oonds, mortgage guarantyoond§, gUé;lrantees of installment paper and note guaranty bonds, self-inSúråhce vvørkerS co~on bonds guaranteeing payment of benefits, asbestos abatementêontract bonds,waste management bonds, hazardous waste remediation bondsþr blàçk iuhg bpnds), ,- as follows: " , ALL WRITTEN QNEMILLION " OBLIGATIQN,' INQTRUMENTS IN AN AMOUNT DOLLA,R.S($l,OOO,OOO)---- . -.. . R~GARDLESS OF THE NUMBER NOT TO.,E~CEEDANAGG~EGATE OF - - 7.....;:..,. - - - - -- -t -..-FOR ANY SINGLE INSTRUIv.1ENTSISS'[JED FOR THE OBLIGATION. ':"-, ::::: ,':- '-.''::= '.:=::: '.-:- c""::" ,____." . . :-::=:' ... ". .__...,", ..._...._. ." - >:::: ::.::;:: . - :::.'. ::::.- ::::>=:;::'-:'"':'.-- --, c,·:., ,_. <.., ',_ ::::_',_:,..::,."," .:', " "_:_::-::._::.<....,, . ":',_.". ªndtQbind OLD REPUBLlC$U~ETY COMPÄNYthereby, and aU of thE! acts of said Attorneys;¡r-FI~ct,pLJr$u~rrtt6Jhesepresents,are rat¡f¡~q and confirmed. This dQpumenJis not validynless printed onçolpred background and isrnultifcdlored: Thjs appointment is made under and by authority of the board ofgirectorsat a~peciat meeting he1d on February 18, 1982. This Power of Attorqey j$signedand sealed by facsimile under and by the authority of the foHowing resolutions adopted by the board of directors 01 the OLD REPUBLIC SURETY COMPANY on February 18, 1982. ",' ,", , RESOLVED that, the president, any vice-president, or assistant vice, president in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defìned or limited in the instrument evidencing the appointment in each case, for and on and behalf of the company to execute and deliver and affix the seal of the company to bonds, ur)dertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney pr~vipus{YQranted to such person. ."",...., '.. RESOLVED FURTHER, that änybond, ûfldertakìng, recognizance, or suretyship obligation shall be valid and binding up~Jn the Company (i) whe¡nsigned by the Pfesid~nt, any vi~pl'e9ident or assistant vice president, and attested andse~led(if a seal ~ reqOired) by any secretaryor assistant séçretary; or}> '.'""" { ........>" ....,'.}»>} '.,. ,,',' ,....'. '...'..,.".,.'.,..... (ii) wheQ signed by the p~ident; anyyice presidént or assistant vice president, sec~aryorassi$'tånt gecretary,ändcountersigned and seated Of a seal be rE3C¡uired) bya duly autt18r¡~åtf:orney-in-fact orag~nt;.or ·..',.,.i ".,..'.' ",??/ .,....' .'.',..' .,.,.,' ".',' ,,'.'...'. (iii) whendulyexecuted and sealed (if a seal be required) byonèqf more attorneys"in~fa9toragents pursuant to and within the limitS õfthèal!thority evidermedbythe Power of Attorney issu~t>ythe9ompanyto su~h person or persOns., "'>d' .,? ..'..,.. (""".'.'.., ' RESOLVED FURTHER,thatthe signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of anybonc!;undertaking, recognizance, or other suretyship obligations of ~ company; andsu::h signature and seal when so used shall have the sClrI1eJorSE¡ªndeffect as though manually affixed. <></ ' IN WITNESSWHERE:GF, OLD REPUBLIC INSURANCE COMPANY has causedthšseþresents to be signed by its proper officer, and its ~ora~~:J=..,.~.,.....,.',.,.'.,',..-.,.,.,..,.,.,.,.,....,.,. 4T.,..,.',.',".,'..~..,"',.' /l.'.,.",d",.,. .",y.,.Of",.".,..,'.,.""."., MARr~ ~E~{~::? n o~:. ;;;, .. .,.,',.,.,..".,..D,.....,.,'.."...,..,...,.,.",E." p,'"u"',..,,',',.:~~,c,',,.,.,,.,S,..~,."U,',..;~,E"".T..,...,~'" c,~M~,m. t/-.P::::.~ (~,,:;,(~,·.~,:,·,~c.·,,·,,',.,,·,..,.,',',',.,.,J~;~.j¡!,:,J ~ t". ..... ~ .,<""''''~'''~,,:.:,'''''''''' /«>) pres;ent i STATE OF WISCONSIN, COUNTY OF WAUKESflA - S8 On this 4 TH day of .MARCH 2002 ,personally came before me, JAMES E. LEE and DAVID G. MENZEL to me known to be the individuals and officers of the OLD REPUBLIC INSURANCE COMPANYwho'exectited the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depos'e al1dsay; that they are said officers of the 99rporation aforesaid, and that the seal affixed to the above instŒrnE¡nt is the seal of the corporation, and that said corporate seqband their si¡;}natures as such officers were duly affixed and subscriþed tothe$ê,id instrument by the authority of the board of directors ofsaìd torporatibp. \,.,.4..-1 ....," " "...., ........ .. ."/2,.'.,...".,'.,....",. /7' ~.:.:',.~...:,..O,:~,"...;,.'!I.,:,.,:,:\:,:,.,:,...,',.,~",W ;~~~~~~~ffi3/~~r><¡ r - " ycommlsslon expires:.. ."" ........ ,," '" CERTIFICATEi i " ,'.., ',... .'. ,',." ".'.." I, the undersigned, assistant secretary of theOLDHEPLJ.ßLlC SURETY COMPANY, a Wisconsin corporation, CERTiFY thaithe foregoing and attachêd power of attorney remains inttJllforceähd has not been revoked; and fUl1hermore, that the Resolutionsotthe board of directors set forth ihthe Power of Attorney, are now in force. ',",' 92-2081. ' .,."\"~\\\III~~~'I,J...(",, /~-;~~::~;:¡£:~\ " '~ '<f SEAL ;fá § . .. _. _ . .\~\<, ".__,.. _,...i$/.,_ .:_' PREMIER I NSUßANéEf CORP. INC. ""111'11111\\1"" ".'V::L Lldayof m (2AA't ~.J ;10 aJ5 '.. "..', ,{ I L¿~~ç~rp.Lr~ ,/' " A~~istant "#cretarÝ. Signed and sealed at the CitVOfBro()kfi~!d,Wi this ...,.~,._~"-_.._~-"._--,-~,.__._-_._- **** k * : OLD REPLBLIC * * *** ,1 DATE: 3jJ././tJS Old ReDublic Insurance ComDanv (Old ReDublic) as agent for: Old Republic Surety Company, Bituminous Casualty Corporation, and International Business & Mercantile REassurance Co. TO BE A IT ACHED TO AND FORM PART OF CONTRACT BOND NUMBER: OeN~ OS:J. ¡4. 7J PRINCIPAL: G~f~ Stat~. _ OBLIGEE: ~ . IJ. Cov 1\f tj a(clllf ~ðmmJSSOne S RIDER - POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Old Republic P.O. Box 1635 Milwaukee, WI 53201 (800) 217-1792 16Cl' Rider has been provided to Principal and Obligee. Coverage for acts of terrorism is included in the captioned bond. You should know that, effective November 26, 2002, under that bond, any losses caused by certified àcts of terrorism would be partially reimbursed by the United States under a formula established by federal law, Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by Old Republic. The established annual deductible is equal to 7% of the prior years direct eamed premium written by Old Republic for losses incurred in 2003, 10% for losses incurred in 2004, and 15% for losses incurred in 2005. Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. As defined in Section 1 02( 1) of the Terrorism Risk Insurance Act of 2002, a certified "act of terrorism" means any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attomey General of the United States, to be an act of terrorism. To be certified, the act of terrorism must be: 1) a violent act or an act that is dangerous to human life, property, or infrastructure; 2) have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel, or the premises of a United States mission; and 3) have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. You have a right to purchase insurance coverage for losses arising from terrorism, or you may choose to reject the purchase. SELECTION OR REJECTION OF TERRORISM INSURANCE COVERAGE The premium you have been charged for this bond includes terrorism coverage, for a premium of $~ dO which you must pay within 30 days of this offer. THE PREMIUM CHARGED FOR THIS COVERAGE DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. Note: If YOU reiect the coyeraae, YOU must check the box below. sIan this form. and return it to the address shown above. The premium will be credited. D I hereby elect to have the exclusion of terrorism coverage apply to this bond. I understand that I will have no coverage for losses arising from acts of terrorism. The undersigned agrees that this election will apply only to this bond. ~__F~cr:.~ James E. Lee / Bond Obligee's Signature Vice President - Old Republic Insurance Company President - Old Republic Surety Company Print Name Vice President - Bituminous Casualty Corporation Vice President - International Business & Mercantile REassurance Co. Date ORSC 22836 (1/2003) Attach to all contract bonds as a cover page. -'--"'---~-'_"_'_-_._-'_"-->_. ------ EXHIBIT A PUBLIC PERFORMANCE BOND 16C11 Wastewater Collections Master Pump Station Facility Rehabilitation Bid No. 05-3767 BOND NO. OCN0528471 CONTRACT NO. 05-3767 KNOW ALL MEN BY THESE PRESENTS: That Gulf states, ~. 4585 Prcgœss Ave, !'àples Fl 34104 , as Principal, and nlrì RPpihl k Sllœty , as Surety, located at lms Chlt-n ~r¡;m Bl,d ste 1085, Winter Park Fl 3m2 (Business Address) are held and firmly _ bound to (biller CbJnty fh:::Irrì of Chmri =;CTPJ"'C: , as Obligee in the sum of fær h..n:Jrej thirty-eiqht th::usarrl, fær hurrlre:1 dollars ($ 438,4(1) ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 24th day of Fe1:ræry 200.5; with Obligee for ''W3stE.water (blle::tirns M:lster Rtrp statim REhabilitatim, elæt.riæl e:¡uiJ:1T'B1t - u¡:x:¡rades an:) replac:are1t at 14 rre.ster PJrPirQ statirns. in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. . THE CONDITION OF THIS BOND is that if Principal: ,- 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual; incurred by Obligee; and - 3. Performs the guarantee of aJ/ work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force, Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. WS-CA-A-1 a The Surety, for value received, hereby stipulates and agrees that no changes, extensions1f ~ef' 1 alterations or additions to the terms of the Contract or other work to be performed thereundeA,.o~~ - 3pecifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notjce of any such changes, extensions of time, alterations. or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, -- shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 4th day of - I'-Brd1 , 20.0.5 the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. - Signed, sealed and delivered in the presence of: PRINCIPAL: rzÆ~ ~Jf _;;~ ¿ By: ~.,~ Name: M:lrtm . Its: Viœ f're::;ids1t - Witnesses as to Principal STATE OF F1odd3. COUNTY OF COL--L/c?/ê "- The foregoing instrument was acknowledged before me this ~ ïrf day of M+/2.c-l-f , 200.5, by ~·"-Â.JL\,- N -J ~=G-G?ILS , as ,lIce- t1<E?5/Þê"/Vr of G-uL- ¡:;: '51''+-,e5, +/Vc. I a NY corporation, on behalf of the corporation. He/she is' Qersonally known to me OR has produced as identification and did (did not) take an oath. WS-CA-A-2a -_._~--- --·r·· --. (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety -~ . Vitnesses (S~t\!~~ ,+~ ':16 C 1 Name: J A-c (.-< 'v-J.. it k L ~ '"7 (Legibly Printed) I Commission No. SURETY: Old R3:::ublic Suretv (Printed Name) 107.5 ~ 7th S;::nnr;:::¡n Rlvr'1 St.e lœS W'inter Park, Fl 32792 (Business Address) ó (Authorized Signature) (Printed Name) OR -~ t ¿¿;~ As Attorney in Fact (Attach Power of Attorney) Ernnier InstJr;:::¡rn:> Cbrþ:1ratirn p 0 Ebx 100770 Cafe Cbral Fl 33910-0770 (Business Address) 'Ierrie E. wi lliartB (Printed Name) 2~L)¿¡7.- 7101 (Telephone Number) WS-CA-A-3a ~ ..--.....-. ·,,·_~·_'_·"..~___.._..'"_.'.'m.__~M~ STATE OF Flarid3. COUNTY OF Iæ 16CIJ The foregoing instrument was acknowledged before me this 4th day of M3rd1 2005 by Terrie E. Williaræ , as att:orrey-in-fëCt Old ReD.IDlic Slrety Surety, on behalf of Surety. persona1/y known to me OR has produced identification and who did (did not) take an oath. , of He/She IS as My Commission Expires: cÙJ.ul1 to-t'~~,t 'ðJ\I\À (Signature of Notary) ) Name: AilEEn Williaræ (Legibly Printed) -(AFFIX OFFJCIAL SEAL) Notary Public, State of F1orid3. Commission No.: N~21Jsqq~ AILEEN WILLIAMS . Notary Public, State of Flonda My comm. expo Apr. 16, 2001 , Comm. No. DO 203994 WS-CA-A-4a -.--.-.-. EXHIBIT B INSURANCE REQUIREMENTS 16Cll (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner with in ten (10) calendar days after Notice of Award is received by Contractor/Consultant/Professional. (5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. (6) All insurance coverage of the Contractor/Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor/Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (9) Should at any time the Contractor/Consultant/Professional not maintain the insurance coverage required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage and charge the Contractor for such coverage purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (10) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor/Consultant/ Professional shall furnish to the County, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. W S-CA-B-1 ---'~----'"~""'---- WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY 16C11 Required by this Agreement? (check one) l Yes _ No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. D Applicable x Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. D Applicable x Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? lYes No (1) Commercial General Liability Insurance shall be maintained by the Contractor / Consultant Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property WS-CA-B-2 16Cl1. Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: (check one) _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage ~ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 50,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. D Applicable x Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $1,000,000 each occurrence if applicable to the completion of the work under this Agreement. D Applicable x Not Applicable WS-CA-B-3 ACORD TM CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 03/11/2005 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER I PREMIER INSURANCE CORP., INC. POBOX 100770 CAPE CORAL, FL 33910-0770 PHONE: 239·542·7101 INSURED GULF STATES, INC. 4585 PROGRESS AVENUE NAPLES, FL 34104 : INSURERS AFFORDING COVERAGE . INSURER A FCCIINSURANCE GROUP ! INSURER B BRIDGEFIELD EMPLOYERS INSURANCE CO I I INSURER C. INSURER D. I , INSURER E ! NAIC# I 10701 33472 - COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 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, II~: i"~~~ TVDO: POLICY NUMBER PR"L~~Y EFFECTIVE POLICY EXPIRATION, LIMITS , ~NERAL LIABILITY I EACH OCCURRENCE $ 1,000,000 A X CPPOO04021 08/25/2004 08/25/2005 ' DAMAGE TO RENTED $ 100,000 COMMERCIAL GENERAL LIABILITY ] I CLAIMS MADE ~ OCCUR I MED EXP (Anv one oerson) $ 10,000 - PERSONAL & ADV INJURY $ 1,000,000 - , GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREnE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000 I POLICY P'fP,: n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT : $ 1,000,000 A ~ ANY AUTO CAOOO4892 08/25/2004 I 08/25/2005 (Ea accident) - , . ALL OWNED AUTOS BODILY INJURY (Per person) $ l "",,,,,,,coœ HIRED AUTOS , BODILY INJURY - $ H 'O,<>~" A"IT" (Per accident) PROPERTY DAMAGE $ (Per accident) - ~RAGE LIABILITY AUTO ONLY· EA ACCIDENT $ H ANY AUTO I I OTHER THAN EA ACC $ AUTO ONLY AGG $ , EXCESS/UMBRELLA LIABILITY ! EACH OCCURRENCE $ 5,000,000 - I 08/25/2005 A m OCCUR D CLAIMS MADE UMBOO02512 08/25/2004 AGGREGATE $ 5,000,000 ! $ [J DEDUCTIBLE I $ - RETENTION $ ,$ WORKERS COMPENSATION AND I X I T'X~JT~r~~ 10J~I- B EMPLOYERS' LIABILITY 0830·31931 04/08/2005 04/08/2006 $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT - OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under E,L, DISEASE· POLICY LIMIT $ 1,000,000 I SPECIAL PROVISIONS below I OTHER I I 30 DAY CANCELLATION ON WC - I : I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Waiver of Subrogation for Workers Compensation Policy has been requested on the workers compensation policy. ,- Certificate has been added as additional insured. Bid # 05·3767 Bid Name: Wastewater Collections Master Pump Station Facilites Rehabilitation - *30 Days Cancellation except for Non·Payment of Premium which is 10 days CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN COLLIER COUNTY BOARD OF COUNTY NOTICE TO THE CERTlFfCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL COMMISSIONERS IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 3301 E. T AMIAMI TRAIL REPRESENTATIVES. NAPLES, FL 34112 AUTHORIZED REPRESENTATIV ~~ &J~ <ANW> /1- ACORD 25 (2001/0B) "" AGORD COm'ORATION 1i6B MAl{, - 11' U ~ l F I{ ¡ 12: 23 TEL: ~b3bb~Un 16pQlIi-l- P.O. Box: 9BB La keland, FL 33802-09BB . BRIDGEFIELD EMPLOYF.RS INSURANCE COMPANY Rated A (Ext:ellent) by A,M, l"IlJst Company 1-BOO-282-7648 (B63) 665-6060 Fax (863) 666-1958 CERTIFICATE OF INSURANCE RE; 083D-31931 ISSUED TO: Collier Coun~y Board of Commissicnerß 3301 Eas~ Tamiami Trail NaplBs. Ft 34112 Th~s i9 to certify that Gulf Statee. Tnc, 4585 Proeress Avenue. Naplee. FL 34104 being subject to ~he provisions of ~ha Florida Workers' Compensation Law. has ~6cured ~he payment of any workers' compensa~ion benefi~s due by insuring their risk with the Bridgefield Employers Insur~ce Company. POLICY NlIM1IER: 083D-31931 we Statutory Limits-Sta~e of Florida EFFECTIVE DATE: April B 2005 Employers 1iaÞili~y $ 1.000.000 (Each A~cident) EXPIRATION DATE: April B. 2006 $ 1.000,000 (Disease-Each Employee) $ 1.000,000 (Disea~e-Pclicy Limit) qSuprogation against Collier Coun~y Board of Commissioners ahall þe waived as respects Workers' Compensation and Employers' Li&Þili~y Insurance." Job: 05-3767 This cer~ifi~ate is not a policy and of itself does not afford any insurance, Nothing contained in this cer~ifica~a ~hall be ~onstrued as amending. ex~ending. or altering coverage no~ afforded þy the poli~y shown above or affording insurance to any insured net named above. The policy of insurance lis~ed above has been i5sued ~o the named insured for the policy period indica~ed, No~withstanding any requiremen~. term or condition of any contrac~ or other documen~ ~o which ~his certificate may pertain, the insurance made available by the described policy in this cer~ificate is subject to only the terms, ~clu8ions and conditions of such policy. Paid claims may have reduced the shown limi~8. If the poli~y descriþed above is cancelled before the expiration da~e indi~ated. the issuing cDmpany will a~~empt to mail 3D days' wri~~an notiQe ~o the certificate holder named above, although if cancellation is for nonpayment of premium. then the issuing ~ompany will at~empt to mail ~ days' wri~ten notice ~o the certificate holder. In any event, the iesuing company, its agents. and repreBen~ativee accept no Qbliga~ion or liability of any kind for failure to mail SUCh¡;¡tice. ~ - ':;¡1 MarClh 10. 2005 , President Bridgefield Employers Insurance Company 054.64 fIg Date A subsidiary of Summìt, "The Pc!Ople Who K/IInµ Workers' CDmp"lI> '!JJww.s /.I In m i t!1IJ lQil1g~.r:D m MAl{, -II' Ub ¡r'KI) 12:23 ThL:Hb3bbblHY2 1.6p@[-1 WORKERS ~OMPENSATION AND EMPLOYERS LlAEILITY INSURANCE POLICY Date Prepared: March 10, 2005 Form no. WC 00 03 13 (S/5I¡ \ Carrier: Bridgefield Employers Insurance Company Effective date of endorsement: April s, 2Q05 policy number: 0830-31931 PEIN: 1605162306 II.Elured~ Gulf S~ates, Inc. 4565 Progress Avenue Naples, FL 34104 Physioal address; 4565 ProgresB Avenue Naples, FL 34104 INTENT: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments fram anyone liable for an inj~ry covered by ~his policy. We will not enforce our right against the person or organj.zation named in the Schedule. Thi~ agreement applies only to the extent tbatyou perform work under a written contract that requires you to obtain this a9reemen~ from us. This agreement shall not opera~e dire~tly or indirectly to benefit anyone not named in ~he Schedule. Schedule Collier County Board of Commi~sioners 3301 East Tamiami Trail Naples, FL 34112 Job J D 5 - 3 7 6"7 This endorsement changes the policy to which it is a~taahed and is effective on the date issued unless otherwise stated. Co""tersigned by ~ . f ~ Date r-1arC'h 10. 2QOS cc, Gulf EtateB, I~c. premier Insurance Corporation 5464 Includes copyright material of the Na~ianal Council of Compensation Insurance. Used with their Permission. Copyright 1~83 NCCI EXHIBIT C RELEASE AND AFFIDAVIT FORM 16Cl1. COUNTY OF COLLIER STATE OF FLORIDA Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and its subcontractors, material men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, Ex-Officio the Governing Board of the Collier County Water-Sewer District ("Owner") relating in any way to the performance of the Agreement between Contractor and Owner, dated , 20_, for the period from to (2) Contractor certifies for itself and its subcontractors, material men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR: By: Its: President Date: Witnesses [Corporate Seal] WS-CA-C-1 16Cl1 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 2004, by , as ,a the corporation. He/she is personally known to day of , of corporation, on behalf of me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: WS-CA-C-2 16 Cll EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Bid No. Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date} $ Retainage @ _% after [insert date} $ Percent Work completed to Date: Percent Contract Time completed to Date % % Liquidated Damages to be Accrued $ Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) By Design Professional: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: WS-CA-D-1 (Signature) DATE: (Type Name and Title) - -- Wc ...1"...1 «W I I-ZJ: ~~~ ~~ W _ " !I õ-t < I! I~ 3 ~ ::0 W v a: ~ W " ~~ 0- .... <, I- W a: WJ: 01/) Z ZI ~¡¡: I <0 I 101- !zw wt:ï ~ iil w:I: c..o 0 Co ...I~Ww <wo::!¢ 1-...10 o c..'1- 0 f-:l:mO 801:11- ~ , o~ w< a: a: OWl ~ !;(I L: :I: 1: 5 "I 0 en z ~ mO W I .. -g :i:ã: :J I-W ...I e S 't: 0 c.. ct IL C3 :. W > tu u. I ...J I/)W 0 c.. zl- :E 0< W _0 0 I-w ...I U <0 :J ::.:: ~z C ...1- 0:: c..1/) W ~ c.. :I: <w 0 1/)1- (/) ~< go [¡j~ a: a: c..~ 0 W ...IW ~~ 0...1' W , 0 I I/) z 0 ~ c.. æ 0 'ê I/) W CD 0 :::I I C I ; C 0 2- 0 - ¡; l- E . a: iñ z :l:W :i: I I wlO X 1-:1: W -~ IL Z u II) Q) E 8 Q)rn ~ -*1 .S!! êi)' ~ .!!l ~~ ëü . ~ E 'õ~ c:8- .Q Q) 10 10 ::10 ¥~ 0.5 Q)rJJ I CI) Q) I cu .c: [1-* £ ....'0 cu ~ !-J!~ Q).æ ]j~ EiV 81~ =I~ Olcu ~a C~ o cu ,~ E r.c: 0 ~~!'ë 1''Ëi . ::I c: I·§ ~ ñi8 I §,.æ i'E'~ ~~ ~,'O ::II~ ~.!!! 2! a. Q¡.!'l jl~ .!!l ~ Q)-- êU.!! 02! 2 .5 .c:r!!! H~· Q) CU ~-5 0* g~ 5-5 I~~ CI) Q)I~ Õ £ CU .~ .s .5 à: g ~ .... c: ~.Q.S; c: iV !!! ::I s:: :!' CI) t: CU ê~-5 .2=Q) 8(ij£ jJ.~ Q)'g rn £cu~ .....c: c: .E.!!l 8- c:£a. -,g:t: ~f--¡- --- ~ ~ '" - I"ªI~~ ~.s ~ I ..s:~ I ~ ~ o I- i I i I I I 16 Cl- . ! ! ì I N I o .d: () I CI) $ t 16 Cll EXHIBIT E CHANGE ORDER TO: FROM: Collier County Government Project Name: Construction Agreement Dated: Change Order No,: Bid No.: Date: Change Order Description: Original agreement amount .. .......... .......,............,..... ......... .." ........ ....$ Sum of previous change orders amount ............................................$ This Change Order Amount ..................,.... ............ ........ .......... ..........$ Revised Agreement Amount............................................................... $ 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 ................................................. Original Notice to Proceed date .............................................................. Completion date based on original contract time......................... Revised completion date..... ..... ................................... ................. Your acceptance of this change order shall constitute a modification to our Agreement and will be perfonned 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 costs. Prepared by: Date: PUED Project Manager Recommended by: Date: Design Professional WS-CA-E-1 Accepted by: Approved by: Authorized by: Contractor PUED Director Director (For Use by Owner: Fund: Cost Center: Object Code: G:\Forms\Change Order Master.doc Revised 02/03/98 WS-CA-E-2 Date: Date: Date: Project No.: ) 16 Cl1 ., EXHIBIT F 16 Cll CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. EJCDC NO. 1910-8-D (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5/85 WS-CA-F-1 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance~eÞu~J ] insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on 2004 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2004 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2004 OWNER By: Type Name and Title WS-CA-F-2 EXHIBIT G FINAL PAYMENT CHECKLIST 16 Cll . Bid No.: Contractor: Project No.: Date: 2004 The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time: Final Completion Time: Calendar Days. Calendar Days. YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to County (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. Record drawings obtained and dated: 6. County personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified project is in operating phase. 12. Contractor evaluation completed. 13. Other: If any of the above are not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) WS-CA-G-1 16C11 EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1. It is the intent of the Contract Documents to describe a functionally complete project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2. If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3. Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1. Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the WS-CA-H-1 16Cl1 project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2. Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as described in other places of the contract documents). 3. SCHEDULE. 3.1. The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for his/her review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2. The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed within the requirements of the Collier County Noise Ordinance 93-77, Amended by 96-29, and Article 1, Division 1.5, Section 1.5.5 of the Collier County land Development Code. Unless otherwise specified, work will generally be limited to the hours of 8:00 a.m. to 7:00 p.m., Monday through Saturday, except for County Holidays. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1. Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month to the Project Manager along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. WS-CA-H-2 16Cl1. 4.2. Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager a complete list of all its proposed subcontractors and material men, showing the work and materials involved and the dollar amount of each proposed subcontract and purchase order. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. 4.3. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location agreed to by the Owner in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. 4.4. Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager. Within twenty (20) business days after the date of each Application for Payment is stamped as received, the Project Manager, or Consultant, shall either: 4.4.1 Indicate his approval of the requested payment; 4.4.2 Indicate his approval of only a portion of the requested payment, stating in writing his reasons therefore; or 4.4.3 Return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices shall be processed in accordance with Section 218.735, Florida Statutes and the administrative procedures established by the County's Purchasing Department and the Clerk of Courts' Finance Department respectively. In the event of a total denial and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and resubmit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5. Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less, Such sum shall be accumulated and not released to Contractor until final payment is due, unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the project schedule. Collier County shall reserve the right to reduce the amount of the retainage witheld subject to the guidelines as set forth in the County's Purchasing Policy. 4.6. Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's work. WS-CA-H-3 16Cl1 4.7. Each Application for Payment, subsequent to the first pay application; shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, showing that all materials, labor, equipment and other bills associated with that portion of the Work payment is being requested on have been paid in full. For all payments subsequent to the first payment, the Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8. Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is enclosed in the agreement and labeled Exhibit G. 5. PAYMENTS WITHHELD. 5.1. The Project Manager or Owner may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: 5.1.1 Defective Work not remedied; 5.1.2 Third party claims filed or reasonable evidence indicating probable filing of such claims; 5.1.3 Failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; 5.1.4 Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; 5.1.5 Reasonable indication that the Work will not be completed within the Contract Time; 5.1.6 Unsatisfactory prosecution of the Work by the Contractor; or WS-CA-H-4 16Cll. 5.1.7 any other material breach of the Contract Documents. 5.2. If any conditions described in Subsection 5.1 are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1. Owner shall make final payment to Contractor within thirty (30) calendar days after the Work is finally inspected and accepted by the Project Manager in accordance with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C as well as, a duly executed copy of the Sureties consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. 6.2. Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified by Contractor as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor thereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1. Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor. WS-CA-H-5 16Cl14 7.3. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5. The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's and the Owner's prior written acceptance which shall be evidenced by either a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Owner's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS-BUlL TS AND MEETINGS. 8.1. Unless waived in writing by owner, contractor shall complete and submit to Project Manager on a weekly basis a daily log of the contractor's work for the preceding week in a format approved by the Project Manager and Owner. The daily log shall document all activities of contractor at the project site including, but not limited to, the following: WS-CA-H-6 16Cl1. 8.1.1. Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2. Soil conditions which adversely affect the Work; 8.1.3. The hours of operation by Contractor's and subcontractors' personnel; 8.1.4. The number of Contractor's and subcontractors' personnel present and working at the Project site, by subcontract and trade; 8.1.5. All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6. Description of Work being performed at the Project site; 8.1.7. Any unusual or special occurrences at the Project site; 8.1.8. Materials received at the Project site; 8.1.9. A list of all visitors to the Project site; and 8.1.10. Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2. Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. WS-CA-H-7 16Cl1 8.3. Contractor shall keep all records and supporting documentation which concern or relate to the Work thereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1. Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 10. CHANGES IN THE WORK. 10.1. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. WS-CA-H-8 -----~^... 16Cll. 10.2. A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3. If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change orders shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5. Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. 10.6. The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1. A Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the party making the Claim. WS-CA-H-9 16Cll. 11.2. Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours after the first day of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution Procedure, copies of which are available in the County Attorney's Office or the Purchasing Department. All claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3. The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1. Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2. Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3. If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. WS-CA-H-10 16Cl1. 13. INDEMNIFICATION AND INSURANCE. 13.1 IDEMNIFICATION. The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The ContractorNendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.2. The Contractor's obligation to indemnify and defend the owner shall not be limited in any way by the agreed upon contract price as shown in this contract or the Contractor's limit of, or lack of, sufficient insurance protection. 13.3. Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit 8 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit 8 14. COMPLIANCE WITH LAWS. 14.1. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. 15. CLEANUP AND PROTECTIONS. 15.1. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. WS-CA-H-11 16Cl1 15.2. Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 18. TERMINATION FOR DEFAULT. 18.1. Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. WS-CA-H-12 -----_. 18.2. Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 16Cll. 18.3. If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorney's fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorney's fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4. The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and .~. judgments pertaining to or arising out of the Work hereunder. 18.5. If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1. Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. WS-CA-H-13 16Cl1. 19.2. Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Completion (substantial or final Certificate of Completion) which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. 20.2. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance and upon receipt of a ... final Application for Payment, Design Professional will make such inspection and, if he finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a final Certificate for Payment, recommending that, on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit C. (2) Consent of surety to final payment. WS-CA-H-14 ----".----~-" -~-_._._----~,-_....._-----..,-,..'--~~,.._._.-...,,,. ..._..~,-.. 16Cl1. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued his recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after substantial completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2. No later than 30 days prior to expiration of the warranty, the Project Manager, or any other representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the County to disqualify the Contractor from future County bid opportunities. 22. TESTS AND INSPECTIONS. 22.1. Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. WS-CA-H-15 ~-"--~'"_."_. ""-,-" _.~ ...",-_.,.",--,---,-~,,----,.--. 16 Cll . 22.3. If any Work that is to beir:1spected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.4. The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.5. Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1. Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2. If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. WS-CA-H-16 16Cl1. 23.3. If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers with suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Project Manager to stop the Work shall not give rise to any duty on the part of Owner, Project Manager to exercise this right for the benefit of Contractor or any other party. 23.4. Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5. If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies - under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. ._. 24.1. Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall WS-CA-H-17 16Cl1. be responsible to see",that the finished Work complies accurately with the Contract ,Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. 24.2. Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.8, for services not rendered. 25. PROTECTION OF WORK. 25.1. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3. Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner's or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1. In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from WS-CA-H-18 - -,.------.-. .... --.-,----,,---- 16Cl1, the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1. Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1. All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3. Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2. Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. WS-CA-H-19 16Cl' 28.3. Contractor shall designate a responsible representative at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 29. PROJECT MEETINGS. Prior to the commencement of Work. the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule. procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager. Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807. Copies are available through Risk Management and/or Purchasing Departments. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FOOT -. Roadway & Traffic Design Standards Indexes. or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the MOT policy will be enforced under this Contract. 32. DIRECT PURCHASE 32.1 The County reserves the right to require Contractor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Contractor relating to said materials shall be governed by the terms and conditions of this Agreement which shall take .- precedence over other conditions and terms of this Agreement where inconsistencies or conflicts exist. WS-CA-H-20 --.-..-,.-- --" '-"-~ .-..-.-.... 16Cl: Additionally, the County; at it's sole option; may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Contractor: A. Required quantities of material. B. Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable C. Pricing and availability of goods and/or materials provided under Contractor's agreements with material suppliers 32.2 Purchasing Upon receipt of a proper requisition (including appropriate backup material(s), the Purchasing Department shall issue a Purchase Order for the material required. Each Purchase Order shall contain the County's certificate of exemption number. The Purchase order shall be given to the Project Manager for completion of the ordering process. Unless the following items were included in the quote provided by the vendor to the Project Manager, the Purchase Order shall also provide for reimbursement of the cost to the supplier for: A. Shipping and handling B. Insurance costs C. Performance Bond .- 32.3 General Terms and Conditions A. Contractor shall be required to maintain records of all County-furnished materials that it incorporates into the project from the stock of County-furnished materials in its possession. Such records shall be furnished monthly to the Project Manager or their designee and shall include information on materials that have 1. Been delivered into the Contractor's possession and/or 2. been incorporated into the project. B. Notwithstanding the transfer of County-furnished materials by the County to the Contractor's possession, the County shall retain legal and equitable title to any and all County-furnished materials. C. The transfer of possession of County-furnished materials from the County to the Contractor shall constitute a bailment for the mutual benefit of the County and the Contractor. The County shall be considered the bailor, and the Contractor the bailee fo the County- furnished materials. County-furnished materials shall be considered returned to the County for purposes of their bailment at such time as they are incorporated into the Project. D. The County shall purchase and maintain insurance sufficient to protect against any loss or damage to County-furnished materials. Such insurance shall cover the replacement cost of any County-furnished materials not yet incorporated into the Project during the period between the time the County first takes title to any such materials and the time when the last of said materials are incorporated into the project. WS-CA-H-21 16 Cll E. The County shall in no way be liable for any interruption or delay in the project, for any defects or other problems with the project, or for any additional costs resulting from any delay in the delivery of, or defects in, County-furnished materials, except in the event of the County's gross negligence or willful misconduct. F. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. WS-CA-H-22 .-."..."....-_._."-_....~--~- . ..".-.~_.,"~-,,-~---,_.. ... 16 Cl: EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS 1. The Notice to Proceed will be issued only after the following documentation has been submitted to Owner: a. Complete contractual documents, including payment and performance bonds and insurance certificate; b. Progress schedule, which shall utilize the Critical Path method of scheduling; c. Submittal schedule; d. Draw (funding) Schedule, which shall consist of a monthly projection of the value of the work to be completed and materials stored for the entire duration of the project; e. Safety Program/Risk Management Program; f. Quality Assurance/Quality Control Program; and g. Security Plan 2. The CPM Schedule and Draw Schedule shall be updated monthly and submitted with each Contractor Application for Payment. If both items are not submitted with Application for Payment, that payment will be withheld until both items are received and accepted by the Owner and Engineer. WS-CA-I-1 ----- 16 Cll EXHIBIT J TECHNICAL SPECIFICATIONS WS-CA-J-1 "--- 16Cl1 DIVISION 16 - ELECTRICAL INDEX Collier County Utilities Master Pump Stations VFD/A TS Replacement GENERAL PROVISIONS 16015 Electrical Reference Symbols 16020 Work Included 16025 Codes, Fees, & Standards 16040 Identification 16050 Special Requirements BASIC MATERIALS & METHODS 16110 Raceways and Conduits 16120 Wires and Cables 16165 Variable Frequency Drives 16190 Supporting Devices 16260 Automatic Transfer Switches 16450 Grounding 16709 Surge Suppression Equipment December 7, 2004 INDEX-1 COl/ier County utilities MPS VFD/A TS Replacement 1.01 SYMBOLS 16 Cll SECTION 16015 ELECTRICAL REFERENCE SYMBOLS A In general the symbols used on the drawings conform to the Standard Symbols of the Institute of Electrical and Electronic Engineers with the exception of special systems or agencies as hereinafter noted or as shown in schedules or legends. 1.02 ABBREVIATION A The following abbreviations or initials are used. AlC AC. AFF AFG AHU AIC Al AMP ANSI ASA ATS AUX AWG b.c. Bll BKR °C CAB C. C.B. CBM CFM CKT. Clg. CONDo Conn. CPU CRT CSP CSTC C.T. CU. C.W. D.C. Deg. Disc. D.O. DN. DPST December 7, 2004 Air Conditioning Alternating Current Above Finished Floor Above Finished grade Air Handler Unit Amps interrupting Capacity Aluminum Ampere American National Standards Institute American Standards Association Automatic Transfer Switch Auxiliary American Wire Gauge Bare Copper Basic Impulse level Breaker Degrees Centigrade Cabinet Conduit or Conductor Circuit Breaker Certified Ballast Manufacturers Cubic Feet per Minute Circuit Ceiling Conductor Connection Central Processing Unit Cathode Ray Terminal Closed Standpipe (Sprinkler) Communications System Terminal Cabinet Current Transformer Copper Cold Water Direct Current Degree Disconnect Draw Out Down Double Pole Single Throw 16015-1 Collier County Utilities MPS VFD/A TS Replacement E.C. EEPTS EMT E.O. ESIC of FLA FM FPS FT. FZ GFI gnd. Horiz. hp. hr. I/C ICU IEEE IES IMC in. IPCEA J.B. KV KVA KW LBS LED It. Itg. max. MCB MCP MIC min. M.L.O. MPH MTD MUX MVA N. NEC NECA NEMA NFPA NIC. NF No. 0/ O.L. OLS December 7, 2004 16Cl1 Electrical Contractor Elevator Emergency Power Transfer Switch Electric Metallic Tubing Electrically Operated Elevator/Systems Interface Cabinet Degrees Fahrenheit Full Load Amperes Factory Mutual Feet per Second Feet Fire Protection Zone (Sprinkler) Ground Fault Interrupting Ground Horizontal Horsepower Hour Intercom Intensive Care Unit Institute of Electrical and Electronic Engineers Illuminating Engineering Society Intermediate Metallic Conduit Inches Insulated Power Cable Engineers Association Junction Box Kilovolt Kilo-Volt-Amps Kilowatts Pounds Light Emitting Diode Light Lighting Maximum Main Circuit Breaker Motor Circuit Protector Microphone Minimum Main Lugs Only Miles Per Hour Mounted Multiplex (Transponder) Panel Mega Volt Amps Neutral National Electric Code National Electrical Contractors Association National Electrical Manufacturers Association National Fire Protection Association Not in Contract Non Fused Number Phase Overload Overloads 16015-2 Collier County Utilities MPS VFD/A TS Replacement OSHA Occupational Safety and Health Act OS&Y Outside Screw and Yoke (Sprinkler) P. Pole PB Pullbox Ph. Phase PNL Panel PR Pair PWR Power PF Power Factor Pri. Primary psi Pounds Per Square Inch P.T. Potential Transformer PVC Polyvinyl Chloride RMS Root-Means-Square RPM Revolutions Per Minute Recept. Receptacle RSTC Radio/Sound Terminal Cabinet RTD Resistance Temperature Device SCA Short Circuit Amps Sec. Secondary SIN Solid Neutral SPKR Speaker SPST Single Pole Single Throw SW. Switch SWBD Switchboard TEL Telephone TSP Twisted Shielded Pair TIB Telephone Terminal Board TTC Telephone Terminal Cabinet TYP Typical temp. Temperature U.L. Underwriters Laboratories UNO (U.N.O.) Unless Noted Otherwise V Volt VFC VARIABLE FREQUENCY CONTROLLER VFD VARIABLE FREQUENCY DRIVE W Wire W.P. Weatherproof END OF SECTION December 7, 2004 16015-3 16 Cl1 Collier County Utilities MPS VFD/A TS Replacement 16 Cll SECTION 16020 WORK INCLUDED 1.01 DESCRIPTION OF SYSTEM A. The work required under this Division shall include all materials,labor and auxiliaries required to install a complete and properly operating electrical system. B. The electrical system required under this Division consists basically of, but is not limited to the following: 1. Modifications to distribution system for power including feeders, and connections to motors and other electrical devices. 2. Grounding system and special grounds as required or noted. 3. Motor controls. 4. Power Surge Suppression systems. 5. Concrete work for pad mounted equipment, etc. 6. Electrical testing of installed equipment. 7. Replacement of Variable Frequency Drive Systems. 8. Replacement of Automatic transfer switch systems. END OF SECTION 12/7/2004 16020-1 Collier County Utilities MPS VFD/A TS Replacement 16 Cll SECTION 16025 CODES, FEES. AND STANDARDS PART 1 - GENERAL 1.01 CODES AND FEES A. Install in accordance with latest edition of the National Electric Code and the regulations of governing local, State, County and other applicable codes, including the Utilities Company. Pay for all required licenses, fees and inspections. All articles, products, materials, fixtures, forms or types of construction covered in the specifications will be required to meet or exceed all applicable standards of manufacturer, testing, performance, capabilities, procedures and installation according to the requirements of ANSI, NEMA, IEEE, and NEC referenced documents where indicated and the manufacturer's recommended practices. Requirements indicated on the contract documents, which exceed but are not contrary to governing codes shall be followed. B. Compliance and Certification: The installation shall comply with the governing state and local codes or ordinances. The completed electrical installation shall be inspected and certified by all applicable agencies that it is in compliance with all codes. Utility Company: Comply with latest utility company regulations. C. All work and equipment under this Division shall be in strict compliance with the latest edition of the following codes and standards: 1. Life Safety Code - NFPA 101 2. National Fire Protection Association (NFPA) 3. National Electrical Code - NFPA 70; 2002 4. National Electrical Safety Code (NBS Handbook). 5. Requirements of Local Power Company. 7. Florida Building Code 2003 1.02 STANDARDS A. All materials shall be new and free of defects, and shall be U.L. listed, bear the U.L. label or be labeled or listed with an approved, nationally recognized Electrical Testing Agency. Where no labeling or listing service is available for certain types of equipment, test data shall be submitted to prove to the Engineer that equipment meets or exceeds available standards. 1.03 UTILITY COMPANY'FEES, CHARGES, COSTS A. It is the contractor's responsibility to contact the required Utility Company to determine if any fees, charges or costs will be due the Utility Company, as required by the Utility Company for temporary power, installations, hook-ups, etc. This fee, charge or cost shall be included in this contractor's bid price. END OF SECTION 12/7/2004 16025-1 Collier County Utilities MPS VFD/A TS Replacement .~ "'·-~-"__M_ 16 Cl : SECTION 16040 IDENTIFICATION PART 1 - GENERAL 1.01 NAMEPLATES A. The following items shall be equipped with nameplates: All motors; motor starters, motor-control centers, pushbutton stations, control panels, time switches, disconnect switches panelboards, circuit breakers, contactors, recorders, transmitters, instruments or relays in separate enclosures, thermostats, photocells, power receptacles where the nominal voltage between any pair of conductors is greater than 150V, switches controlling equipment or receptacles, switches controlling lighting fixtures where the fixtures are not located within the same space as the controlling switch, high voltage junction, manholes and pull boxes, instrumentation and control terminal cabinets, pull boxes manholes and cabinets. Special electrical systems shall be identified at junction and pull boxes, terminal cabinets and equipment racks. Electrical contractor is responsible for nameplates on electrical equipment supplied by other divisions and installed and wired by electrical including all instrumentation and controls equipment. A portion of existing equipment affected by this contract shall also receive nameplates as determined by the engineer. B. Nameplates shall adequately describe the function of the particular equipment involved. Where nameplates are detailed on the drawings, inscription and size of letters shall be as shown and shop drawing submitted for approval. Nameplates for panelboards and switchboards shall include the panel designation, voltage and phase ofthe supply. For example, "Panel A, 277/480V, 3-phase, 4-wire". The name of the machine on the nameplates for a particular machine shall be the same as the one used on all motor starters, disconnect and P.B. station nameplates for that machine. C. Nameplates shall be laminated phenolic plastic, black front and back with white core, with lettering etched through the outer covering. White engraved letters on black background. Attach with plated self-tapping screws or brass bolts. D. Construction sequences, renaming and rework of existing equipment will require new identification tags for some existing equipment. END OF SECTION December 7, 2004 16040-1 Collíer County utilities MPS VFD/A TS Replacement 16 Cll SECTION 16050 SPECIAL REQUIREMENTS 1.01 AUXILIARIES AND ACCESSORIES A. Include all auxiliaries and accessories for a complete and properly operating systems. B. Provide and install all electrical systems and any necessary accessories as per NEC and local codes whether specified herein or shown on drawings or not. The content of these specifications (Division 16) and contract documents in general only refers to work required above and beyond the requirements of the NEC and applicable local codes. 1.02 LAYOUT OF WORK A. Drawings are diagrammatic. Correlate final equipment locations with governing Architectural, Structural, Process Mechanical and Instrumentation and Control drawings. Layout before installation so that all trades may install equipment in spaces available. Provide coordination as required for installation in a neat and workmanlike manner. The engineer reserves the right to move any device 10' from location shown on plans with no additional cost to the owner at any time prior to final equipment installation and startup. Provide layout shop drawings for engineers review for all MCC and electrical equipment rooms. 1.03 INVESTIGATION OF SITE A. Check site and existing conditions thoroughly before bidding. Advise Engineer of discrepancies or questions noted. 1.04 SUPERVISION OF THE WORK A. Provide a field superintendent who has had a minimum of fifteen (15) years previous successful experience on projects of comparable size and complexity. Superintendent shall be present at all times that work under this Division is being installed or affected. Superintendent shall have passed a proctored H.H. Block Masters Exam with 75% grade or better and shall hold a State Masters Certificate of Competency. A resume of the Superintendent's experience shall be submitted to Engineer before starting work. The resume shall list a minimum of 10 previous industrial plant projects of comparable size and complexity. B. QUALIFICATIONS OF THE CONTRACTOR The Electrical Contractor shall be regularly engaged in the construction, maintenance repair and modification of industrial plant electrical equipment devices, and systems. The lead, on-site, technical person shall be approved by the engineer. Provide the services of a pre- qualified electrical contractor that has demonstrated competence in providing electrical systems installation on this type of facility to Collier County Utilities; The pre-approved electrical contractors for this project are listed below: 1. E.B. Simmonds Electrical 2. Gulf States Electrical December 7, 2004 16050-1 Collier County Utilities MPS VFD/A TS Replacement 16 Cll 3. Best Electrical Construction 4. Cogburn Electrical 5. American Electric 6. Southern Power and Controls Other firms will be considered by the engineer on submittal of qualifications on or before 14 days prior to bid. Submit 10 example projects of installed history of the type and complexity of this project. Submit project data, and reference contacts. 1.05 COORDINATION A. Provide all required coordination and supervision where work connects to or is affected by work of others, and comply with all requirements affecting this Division. Work required under other divisions, specifications or drawings, indicated to be performed by this Division shall be coordinated with the Contractor and such work performed at no additional cost to Owner including but not limited to electrical work required for roll-up doors, control panel installation, instrumentation and control installation, etc. B. Locate all openings required for work performed under this section. Provide sleeves, guards or other approved methods to allow passage of items installed under this section. 1.06 BASIS FOR WIRING DESIGN A. The drawings and specifications describe specific sizes of switches, breakers, fuses, conduits, conductors, motor starters and other items of wiring equipment. These sizes are based on specific items of power consuming equipment (heaters, lights, motors for fans, compressors, pumps, etc.). Wherever the contractor provides power consuming equipment which differs from, the basis of design, drawings and specifications, the wiring and associated circuit components for such equipment shall be changed to proper sizes to match at no additional expense to the Owner. 1.07 PROVISION FOR OPENINGS A. Locate all openings required for work performed underthis section. Provide sleeves, guards or other approved methods to allow passage of items installed under this section. B. Furnish to roofer all pitch pans required for electrical items which pierce roof whether or not shown on drawings. Roof penetrations are to be waterproofed in such a manner that roofing guarantees are fully in force. 1.08 CONCRETE PADS A. Furnish and install reinforced concrete pads for transformers, switchgear, and motor control centers, of size as shown on the drawings or required. Unless otherwise noted, pads shall be four (4) inches high and shall exceed dimensions of equipment being set on them, including future sections, by three (3) inches on all sides, except when equipment is flush against a wall, then the side or sides against the wall shall be flush with the equipment. Chamfer top edges 1". Trowel all surfaces smooth. December 7, 2004 16050-2 Collier County Utilities MPS VFD/A TS Replacement 16Cl: Reinforce pads with 6" X 6" X 6/6 welded wire fabric. Conduit stub up area within the pad area shall remain void. Coordinate with equipment shop drawings stub up areas. 1.09 SURFACE MOUNTED EQUIPMENT A. Surface mounted fixtures, outlets, cabinets, conduit, panels, etc. shall have finish or shall be painted as directed by Engineer. Paint shall be in accordance with other applicable sections of these specifications. 1.11 PROTECTION AND CLEAN UP A. Suitably protect all equipment furnished under this Division during construction. Restore all damaged surfaces and items to "like new" condition before a request for substantial completion inspection. 1.12 MATERIALS A. Reference: "General Conditions of the Contract". B. Where several brand names, make or manufacture are listed as acceptable each shall be regarded as equally acceptable. Where a manufacturer's model number is listed, this model shall set the standard of quality and performance required. Where no brand name is specified, the source and quality shall be subject to Engineer's review and acceptance. C. When a product is specified to be in accordance with a trade association or government standard, at the request of Engineer, Contractor shall furnish a certificate that the product complies with the referenced standard. Upon request of Engineer, Contractor shall submit supporting test data to substantiate compliance. 1 "í3 SUBSTITUTIONS A. Each bidder represents that his bid is based upon the materials and equipment described in this division of the specifications. B. No substitutions will be considered unless written request has been submitted to the Engineer for approval at least ten days prior to the bid date. Submittal shall include the name of the material or equipment for which it is to be substituted, drawings, cuts, performance and test data and any other data or information necessary for the Engineer to determine that the equipment meets all specification and requirements. If the Engineer approves any proposed substitutions, such approval will be set forth in an addendum. C. Substituted equipment or optional equipment where permitted and approved, must conform to space requirements. Any substituted equipment that cannot meet space requirements, whether approved or not, shall be replaced at the Contractor's expense. Any modifications of related systems as a result of substitutions shall be made at the Contractor's expense. 1.14 SUBMITTALS December 7, 2004 16050-3 Collier County Utilities MPS VFD/A TS Replacement 16Cl A. Submit Technical Information Brochures at start of construction or within 30 days after Award of the Contract. Each brochure shall consists of an adequately sized, hard-cover, 3-ring binder for 8-1/2" X 11" sheets. Provide correct designation on outside cover and on end of brochure. When, in the judgment of the Engineer, one binder is not enough to adequately catalog all data, an additional binder will be required and data split as directed by the Engineer. Specific shop drawing submittals may be submitted separately after technical information brochures but before any equipment is purchased; provide index and schedule of shop drawings to be submitted within the technical information brochures. B. First sheet in the brochure shall be a photocopy of the Electrical Index pages in these specifications. Second sheet shall be prepared by the Contractor, and shall list Project Addresses and phone numbers with key personnel for this project. C. Provide reinforced separation sheets tabbed with the appropriate specification reference number. D. Technical Information consisting of marked catalog sheets or shop drawings shall be inserted in the brochure in proper order on all items herein specified or shown on drawings. E. At the end of the brochure, provide and insert a copy of the specifications for this Division and all addenda applicable to this Division. F. Submit 7 brochures. Provide separate tag marking on an individual copy for the Owner, Engineer (2), Contractor, Coordinating Testing Subcontractor and Electrical Subcontractor (2). G. The General Contractor shall review the brochures before submitting to the Engineer. No request for payment will be considered until the brochure has been submitted and reviewed completely. H. Submit cost breakdown "Schedule of Values" for electrical work in the Technical Information Brochures. Cost of material and labor for each major item shall be shown. I. Reference: "General Condition of the Contract". J. Shop Drawings: Provide detailed shop drawings for all electrical equipment to be supplied. Provide detailed plan view shop drawings at expanded scale indicating how actual size of equipment to be provided is to fit into space available; show NEC required working space clearances on plan. Provide detailed elevation views at expanded scale of actual equipment to be provided and how it fits into available wall spaces. Drawings shall be on 11" X 17" or 22" X 34" paper and drawn with a computer aided design (CAD) package. The computer aided design package shall be Autocad or converted to Autocad format. Engineering plan backgrounds of the facility shown on the contract documents will be available to the contractor on request. Submittals shall include hard copy and CD-ROM media electronic copies. Additional shop drawing requirements: 1. Title drawings to include identification of project and names of Engineer, December 7, 2004 16050-4 Collier County Utilities MPS VFD/A TS Replacement 16 Cl] Engineer, General Contractor, subcontractor and/or supplier, data, number sequentially and indicate in general: 2. Fabrication and Erection dimensions. 3. Arrangements and sectional views. 4 Necessary details, including complete information for making connections with other work. 5 Kinds of materials and finishes. 6 Descriptive names of equipment. 7 Modifications and options to standard equipment required by the contract. 8 Leave blank area, size approximately 4 by 2-1/2 inches, near title block (for Engineer's stamp imprint). 9 In order to facilitate review of drawings, insofar as practicable, they shall be noted, indicating by cross reference the contract drawings, note, and/or specification paragraph numbers where item(s) occur in the contract documents. 10 See specific sections of specifications for further requirements. K. Product Data: 1. Submit technical data verifying that the item submitted complies with the requirements of the specifications. Technical data shall include manufacturer's name and model number, dimensions, weights, electrical characteristics, and clearances required. Indicate all optional equipment and changes from the standard item as called for in the specifications. Furnish drawings, or diagrams, dimensioned and in correct scale, covering equipment, showing arrangement of components and overall coordination. 2. In order to facilitate review of product data, insofar as practicable, they shall be noted, indicating by cross reference the contract drawings, note, and/or specification paragraph numbers where item(s) occur in the contract documents. 3. See specific sections of specifications for further requirements. L. Processing Submittals: 1. Product Data: For standard manufactured materials, products and items submit seven (7) copies or sets of data. If submittal is rejected, resubmittal shall be seven (7) copies of new data. When approved, four (4) copies will be returned to Contractor. 2. Shop Drawings: For custom fabricated items, initially submit a transparency (suitable for reproduction) together with two (2) prints made there from. When submittal is acceptable, furnish seven (7) prints made from the accepted transparency. 3. Acceptance: When returned to Contractor, submittals will be marked with Engineer's stamp. If box marked "returned for correction resubmit" is checked, submittal is not approved and Contractor is to correct and resubmit as noted, otherwise submittal is approved and Contractor is to comply with notation making necessary corrections on submittal and resubmit for final record. 4. Reference: "General Conditions of the Contract". 5. Note that the approval of shop drawings, or other information submitted in December 7, 2004 16050-5 Collier County Utilities MPS VFD/A TS Replacement 16 Cll accordance with the requirements hereinbefore specified. does not assure that the Engineer, or any other Owner's Representative, attests to the dimensional accuracy or dimensional suitability of the material or equipment involved, the ability of the material or equipment involved or the Mechanical/Electrical performance of equipment. Approval of shop drawings does not invalidate the plans and specifications if in conflict with the submittal. It is the contractor's responsibility to request in writing and seek written approval from the engineer for all deviations of the plans and specifications. 1.15 PROGRESS AND RECORD DRAWINGS A. Keep two sets of full size (24"x36") white prints on the job, and neatly mark up design drawings each day as components are installed. Different colored pencils shall be used as directed for different systems. Cost of prints shall be included under this Division. All items on Progress Drawings shall be shown in actual location installed. Change any equipment schedules to agree with items actually furnished. B. Reference: "General Conditions of the Contract". C. Prior to request for final payment, furnish a set of as-built drawings on reproducible sepia mylar to General Contractor. 1.16 OPERATING INSTRUCTIONS A. Submit for checking a specific set of written Operating instructions on each item that require instructions to operate. After approval, provide one copy for insertion in each Technical Information Brochure. 1.17 MAINTENANCE INSTRUCTIONS A. Submit for approval Maintenance Information consisting of manufacturer's printed instructions and parts lists for each major item of equipment. After approval, insert information in each Technical Information Brochure. 1.18 SYSTEMS GUARANTEE A. The work required under this Division shall include a two-year guarantee. This guarantee shall be by the Contractor to the Owner for any defective workmanship or material that has been furnished under this Contract at no cost to the Owner for a period of two years from the date of substantial completion of the System. This guarantee shall not include light bulbs in service after six months from date of Substantial Completion of the System. 1.19 FINAL INSPECTION A. All work on the System shall be completed, and all forms and other information shall be submitted for approval one week before the request for final inspection of the building. December 7, 2004 16050-6 Collier County Utilities MPS VFD/A TS Replacement 16Cl1 1.20 EQUIPMENT TO BE OF SINGLE MANUFACTURER A. In general, all relays, conta, ctors starters, motor control centers, switchboards, panelboards, dry type transformers, disconnect switches, circuit breakers, and manual motor starter switches are to be supplied and manufactured by same manufacturer, but must be submitted and approved equal to that specified. 1.21 CUTTING AND PATCHING A. Reference: "General Conditions of the Contract". B. Supplementary Requirements: Any cutting of work in place shall be patched and decorated by such mechanics and in such a manner that the quality of workmanship and finish shall be compatible with that of adjacent construction. 1.22 GENERAL A. Where the requirements of another Division, section, or part of these specifications exceed the requirements of this Division, those requirements shall govern. 1.23 EXISTING CONDITIONS A. Investigate site thoroughly and reroute all conduit and wiring in area of new construction in order to maintain continuity of existing circuitry. Existing conduits shown on plans show approximate locations only. Contractor must verify and coordinate existing site conduits and pipes to any excavation on site. Bids to include hand digging and all required rerouting in areas of existing conduits and/or pipes. B. Special attention is called to the fact that work involved is in connection with existing facilities that must remain in operation while work is being performed. Work must be done in accordance with the owner's priority schedule as required. Schedule work for a minimum outage to Owner. Request written permission and receive written approval from Owner 48 hours in advance of any shutdown of existing system. Perform work required at other than standard working hours where owner cannot approve outages during regular working hours. Provide temporary power and temporary wiring as required to maintain operation as directed by the owner or engineer to facilitate construction. Protect existing buildings and equipment during construction as required. C. Special attention is called to the fact that there is conduit, wiring, fixtures and other electrical items in and between the existing facilities that must be removed or relocated in order to perform the work. Bid shall include all removal and relocation required for completion of the alterations and the new construction. END OF SECTION December 7, 2004 16050-7 Collier County Utilities MPS VFD/A TS Replacement 16 Cll SECTION 16110 RACEWAYS AND CONDUIT PART 1 - GENERAL 1.01 DESCRIPTION A. Description of System: 1. The entire installation shall be in heavy wall Schedule 80-PVC or heavy wall Schedule 40-PVC plastic conduit, EMT and rigid galvanized steel conduit unless specifically noted otherwise. Only heavy wall PVC (Schedule 80) shall be used for all raceways trapped underground with out slab above or concrete encasement protection. Conduits in concrete encasement use Schedule 40-PVC. Electrical Metallic Tubing shall be used within electrical rooms, and in concealed interior areas (non wet). 2. Minimum conduit size for all systems shall be 3/4". All conduits shall be U.L. listed and labeled. Conduit sizes shown on the drawings are to aid the contractor in bidding only; the contractor is responsible for conduit sizes as required by NEC fill tables but do not provide smaller conduits than indicated. The contractor is responsible to coordinate the required conduit sizes and conductor quantities for all control and instrumentation system conduit and wiring with the controls subcontractor prior to installation. 3. In areas of chemical laden atmosphere and in exposed exterior areas and where not subject to mechanical injury; provide schedule 80 PVC conduit non-metallic conduit supports and 316 stainless steel hardware. 1.02 SUBMITTALS A. Product Data: 1. Product data shall be submitted on: a. Conduit b. Conduit fittings (steel compression type) c. Surface metal raceway PART 2 - PRODUCTS 2.01 ELECTRIC METALLIC TUBING A. Electric metallic tubing (thin wall) shall meet Federal EMT Specifications WW-C-563. 2.02 RIGID METALLIC CONDUIT A. Hot dipped galvanized rigid steel. Federal Specification WW-C-581. 2.03 FLEXIBLE STEEL CONDUIT A. Continuous length, spirally wound steel strip, zinc-coated, each convolution interlocked with following convolution. Federal Specification WW-C-566. Liquid- December 7, 2004 16110-1 CO/lier County Utilities MPS VFD/A TS Replacement .~---,----"-"" -' ---- -,- 16Cl1 tight Flexible Steel Conduit: Plastic jacketed flexible steel conduit with copper bonding conductor. 2.04 PVC CONDUIT A. PVC conduit shall be composed of High Impact Virgin homopolymer, PVC (polyvinyl chloride C-200 Compound), and shall conform to industry standards, and be UL 651 listed in accordance with Article 347 of National Electrical Code for underground and exposed use and NEMA standard TC-2. Materials must have tensile strength of 55 PSI, at 700F, flexural strength of 11,000 PSI, compression strength of 8600 PSI. Manufacturer shall have five years' extruding PVC experience. Consistent with requirements provide PVC conduit products by one of the following manufacturers: 1 . Carlon 2. Cantex 3. J.M. Plastics 4. Queen City Plastics 2.05 EXPANSION FITTINGS A. Conduit expansion fittings shall be malleable iron, and shall be hot dipped galvanized inside and outside. These fittings shall have a four-inch expansion chamber to allow approximately two-inch movement parallel to conduit run in either direction from normal. They shall have factory-installed packing and internal tinned copper braid packing to serve as an emergency bonding jumper. Unless the fitting used is listed by Underwriters' Laboratories for use "without external bonding jumpers", an external copper bonding jumper shall be installed with each expansion fitting with one end clamped on each conduit entering fitting. PART 3- EXECUTION 3.01 INSTALLATION A. All raceways shall be run in neat and workmanlike manner and shall be properly supported in accordance with latest edition of NEC with approved conduit clamps, hanger rods and structural fasteners except for PVC conduit installed in exterior locations. PVC conduit installed in exterior locations shall be supported at two foot intervals. Supporting conduit and boxes with wire is not approved. All raceways except those from surface-mounted switches, outlet boxes or panels shall be run concealed from view. Exposed raceways shall be supported with clamp fasteners with toggle bolt on hollow walls, and with lead expansion shields on masonry. Rigid steel box connections shall be made with double locknuts and bushings. Where PVC penetrates a floor from underground or in slab, a black mastic coated steel conduit elbow shall be used on all conduits 1.5" and greater. All individual bare copper ground conductors (i.e. service, transformer, or lightning protection grounds) shall be installed in PVC conduit, not metal conduit. This does not apply to bare copper ground conductors run with feeders (as specified in this section). Conduits shall be run parallel to building walls wherever possible, exposed or concealed, and shall be grouped in workmanlike fashion. Crisscrossing of conduits shall be minimized. B. All raceways runs, whether terminated in boxes or not, shall be capped during the course of construction and until wires are pulled in, and covers are in place. No December 7, 2004 16110-2 Collier County Utilities MPS VFD/A TS Replacement 16 Cll conductors shall be pulled into raceways until construction work which might damage the raceways has been completed. C. All raceways shall be kept clear of plumbing fixtures to facilitate future repair or replacement of said fixtures without disturbing wiring. Except where it is necessary for control purposes, all raceways shall be kept away from items producing heat. D. All raceway runs in masonry shall be installed at the same time as the masonry so that no face cutting is required, except to accommodate boxes. E. All raceways shall be run from outlet to outlet exactly as shown on the drawings, unless permission is granted to alter arrangement shown. If permission is granted arrangement shall be marked on field set of drawings as previously specified. F. All underground raceways (with exception of raceways installed under floor slab) shall be installed in accordance with Section 300-5 of the NEC except that the minimum cover for any conduit shall be two feet. Included under this Section shall be the responsibility for verifying finished lines in areas where raceways will be installed underground before the grading is complete. G. All raceways shall have an insulated copper system ground conductor throughout the entire length of circuit installed within conduit in strict accordance with NEC. Grounding conductor shall be included in total conduit fill determining conduit sizes, even though not included or shown on drawings. Grounding conductors run with feeders shall be bonded to portions of conduit that are metal by approved ground bushings. H. Insulated bushings shall be used on all rigid steel conduits terminating in panels, wire gutters, or cabinets, and shall be impact resistant plastic molded in an irregular shape at the top to provide smooth insulating surface at top and inner edge. Material in these bushings must not melt or support flame. I. Spare conduit stubs shall be capped and location and use marked with concrete marker set flush with finish grade. Marker shall be 6" round X 6" deep with appropriate symbol embedded into top to indicate use. Also, tag conduits in panels where originating. In addition to spares shown on the drawing; provide 2 branch power circuits as directed in field; estimate 100' conduit and wire for each run. J. All conduit stubbed above floor shall be separated with plastic interlocking spacers manufactured specifically for this purpose, or shall be strapped to Kindorf channel supported by conduit driven into ground or tied to steel. K. Raceways which do not have conductors furnished under this Division of the specifications shall be left with an approved nylon pullcord in raceway. L. Rigid Metallic Conduit electrical metallic tubing, flexible steel conduit and PVC conduit shall be manufactured within the United States. M. All connections to motors or other vibrating equipment (except dry type transformers) or at other locations where required shall be made with not less than 12" of flexible liquid-tight steel conduit, using special type of connectors with strain relief fittings at both terminations of conduit. Flex connectors shall have insulated throat and shall be T & B 3100 Series or approved substitution. Use angle connectors wherever necessary to relieve angle strain on flex conduit. Connections to dry type transformers shall be made with flexible conduit. N. PVC joints shall be solvent welded. Threads will not be permitted on PVC conduit and fittings, except for rigid steel to PVC couplings. Installation of PVC conduit shall be in accordance with manufacturer's recommendations. PVC conduit shall not be used to support fixture or equipment. Field bends shall be made with approved hotbox. Heating with flame and hand held heat guns are prohibited. O. Expansion fittings shall be installed in the following cases: In each conduit run wherever it crosses an expansion joint in the concrete structure; on one side of joint December 7, 2004 16110-3 Collier County Utilities MPS VFD/A TS Replacement 16 Cll with its sliding sleeve end flush with joint, and with a length of bonding jumper in expansion equal to at least three times the normal width of joints; in each conduit run which mechanically attached to separate structures to relieve strain caused by shift on one structure in relation to the other; in straight conduit run above ground which is more than fifty feet long and interval between expansion fittings in such a runs shall not be greater than 100 feet for steel conduit and 50 feet for PVC conduit.. P. Electric metallic tubing (thin wall) shall be installed inside buildings above ground floor slab where not subject to mechanical injury or wet areas. Tubing shall be joined with compression type steel fittings and steel connectors. Q. Rigid metallic conduit installed underground shall be coated with waterproofing black mastic before installation, and all joints shall be recoated after installation. R. Conduit installations on roofs shall be kept to a bare minimum. Where required, conduit shall be rigid steel conduit, including couplings. Conduit shall be supported above roof at least 6 inches using approved conduit supporting devices. Supports to be fastened to roof using roofing adhesive as approved by roofing contractor. S. Underground cable identification: bury a continuous, pre-printed, bright colored metalized plastic (electronically traceable) ribbon cable marker with each underground conduit (or group of conduits), regardless of whether conduits are in ductbanks. Locate directly over conduits, 6" to 8" below finished grade. Delete this requirement under building slabs. T. Provide for separation of instrumentation, control and power conductors. Provide a minimum of 24" inch separation for parallel run of power conduit and instrumentation or control conduit. This separation can be reduced to 12" if metallic grounded separation is provided. END OF SECTION December 7, 2004 16110-4 Collier County Utilities MPS VFD/A TS Replacement 16Cl1. SECTION 16120 WIRES AND CABLES 1.01 GENERAL A. Power Conductors: 1. Branch circuits and feeder conductors for all three phase electric power shall be stranded copper type XHHW-2 cross-link polyethylene (XLP) insulation and derated to 75 degrees Centigrade. No aluminum wiring shall be permitted. All wire shall be size shown on the drawings. If no size is shown, wire shall be in accordance to NECand minimum No. 12, except that branch "homeruns" over 50 ft. in length shall be minimum No. 10 for 120/208V circuits. All branch lighting circuits serving HID and Fluorescent fixtures shall be minimum #10 with each circuit provided with a separate neutral. Wire in vicinity of heat-producing equipment shall be type XHHW insulation. All wiring shall be manufactured in the USA. B. Taps and Splices: 1. All power wiring taps and splices in No.8 or smaller wire shall be fastened together by means of terminal strips except within lighting fixtures and wiring devices where conformance to NEC practices will be acceptable. All taps and splices in wire larger than No.8 shall be made with compression type connectors and taped to provide insulation equal to wire. Tape shall be heavy duty, flame retardant and weather resistant vinyl electrical tape, minimum 7 mil premium grade with an operating of 0 degree F. to 220 degree F. Provide tape meeting UL 510 and CSA standard C22.2. 2. All taps and splices in manholes or in ground pull boxes, MCCs, etc. shall be approved by the engineer on a case by case basis; be made with high press long barrel double crimp compression type connectors and covered with Raychem heavy wall cable sleeves (type CTE or WCS) with type "S" sealant coating. Install sleeve kits that are approved for the application and as per manufacturer's installation instructions. C. Color Coding: 1. All power feeders and branch circuits No.6 and smaller shall be wired with color-coded wire with the same color used for a system throughout the building. Power feeders above NO.6 shall either be fully color-coded or shall have black insulation and be similarly color-coded with tape or paint in all junction boxes and panels. Tape or paint shall completely cover the full length of conductor insulation within the box or panel except for the wire markings. 2. Unless otherwise approved, color-code shall be as follows: Neutrals to be white for 120/208V system, natural grey for 277/480V system; ground wire green, bare or green with yellow strips nominal. 120/208V, Phase A -black; Phase B - red; Phase C - blue. 480/277V, Phase A brown; Phase B - orange; Phase C -yellow. All switch legs, other voltage system wiring, control and interlock wiring shall be color-coded other than those above. In remodeling projects, comply with existing color coding established within the facility. 1.02 INSTRUMENTATION AND CONTROL CABLE: December 7, 2004 16120-1 Collier County Utifities MPS VFD/A TS Replacement 16 Cll A.. Multiconductor and Multi pair Process instrumentation cable shall be #16 AWG stranded, twisted pair, 600 V, (XLP) cross link polyethylene insulated, aluminum tape pair shielding, cross link polyethylene or chlorinated polyethylene (CPE) overall sheathed and shielded, type TC instrument cable as manufactured by the American Insulated Wire Co., Belden Wire Co. or equal. B. Multiconductor control cable shall be #14 AWG stranded, 600V, (XLP) cross link polyethylene insulated or polyolefin, with cross link polyethylene or chlorinated polyethylene (CPE or Hypalon) overall sheathed type TC control cable except for control cable into and out ofVFD cabinets. Multiconductor control cable into and out of VFD cabinets shall be as indicated above and in addition include an aluminum polyester tape overall shield and drain wire. As a contractor alternate to shielded control cable into and out of VFD cabinets, provide twisted shielded instrument cable as specified above. Contractor to provide increased conduit size as required if instrument cable alternate is used into and out of VFD cabinets. C. Connections: 1. All conductor connections shall be on terminal strips including all spare conductors. Provide terminal strips in all cabinets; motor control centers; etc. 2. All connections of stranded wire to screw terminals shall be by insulated spade lugs, crimp fastened to wire except where terminal strips are listed for stranded bare connections in which case delete spade lugs. 3. All conductors shall be marked with mylar wrap type "Brady" labels. Identification labels shall be permanent type and be machine printed. All terminal block terminations shall be labeled. The inside portion of the terminal cabinet doors shall display a protected terminal cabinet drawing with all connections shown and described as to color code, number assigned to connection function of conductor and destination. 4. Wire shall be guided within terminal cabinets by cable supports. All conductors shall be neatly led to terminations. 5. Cabinets: All cabinets shall be labeled with an engraved plastic laminate label riveted to the door. 6. No splices shall be made within a conduit run or in manholes. D. Provide for separation of instrumentation, control and power conductors. Provide a minimum of 24" inch separation for parallel run of power conduit and instrumentation or control conduit. This separation can be reduced to 8" if metallic grounded separation is provided. 1.03 SUBMITTALS: A. Submit cut sheets on all major types of wires and cables including splicing tape, and terminating/splicing lugs, conductor identification systems and connectors and cable sleeves. Submit sample of all instrumentation and control cable. Sample shall be a minimum of 24" with exterior sheath clearly marked. B. Submit sample of all cable identification systems products. END OF SECTION December 7, 2004 16120-2 Collier County Utilities MPS VFD/A TS Replacement SECTION 16165 16 Cll VARIABLE FREQUENCY DRIVES PART 1 - GENERAL 1.01 FURNISHING OF EQUIPMENT A. Unless specifically noted otherwise, variable frequency motor drives for all equipment requiring them shall be furnished under this section. The drive manufacturer shall furnish all required controls as specified herein and as functionally required. The variable frequency drives are to be integrated within the existing motor control center. B. The contractor shall engage the services of the field engineering service division of a major electrical distribution equipment manufacturer which maintains division-wide recognized specialized reconditioning capabilities for the purpose of performing quality control inspections and tests as herein specified. C. The field engineering service division shall provide all material, equipment, labor and technical supervision to perform a class one reconditioning product. The field engineering service division of the equipment manufacture shall administer testing of all equipment to be class one reconditioned in its existing state & submit a report on the physical & electrical condition. D. Each Motor Control Center to be reconditioned shall include cleaning, adjustment, tightening & testing of all conductive parts, replacing all components within the existing VFD cabinets except for the power supply input breaker. Replace all intemal control wiring harnesses with manufacturers factory assembled new wiring harnesses. Remove and reinstall all exterior wiring harnesses, relays and motor monitors. E Replace all doors with new doors from original equipment manufacturer with proper openings for revised Variable Frequency Drive devices. As an alternate to providing complete new doors, provide acceptable refurbishment of the existing doors, hinges, locking mechanisms, filter assemblies, attachments etc. New control devices will be installed in existing openings on suitable precision constructed back plates. F. Replace complete the existing filter assemblies with washable filter assemblies. Replace complete ventilation system, fans ductwork, louvers, etc. The electrical equipment manufacturer shall be responsible for design and implementation of the ventilation system and components. 1.02 Qualifications of the reconditioning contractor. A. The reconditioning contractor shall be an independent division of a major electrical equipment manufacturer or NET A certified electrical testing contractor hired by the electrical equipment manufacturer for this project. Turnkey responsibility will lie with the major electrical equipment manufacturer for the entire project including warranty services. B. The engineering service division lead engineer, or project manager shall be a full time December 7, 2004 16165-1 Collier County Utilities MPS VFD/A TS Replacement 16Cl1. employee, with at least 10 years of experience testing electrical apparatus. All other employees working on this project shall have had specific factory, and/orfield training in accordance with division-wide standards. C. The reconditioning company shall be responsible for implementing all final settings and adjustments on protective devices and electrical equipment in accordance as directed by the project engineer. The reconditioning company shall maintain a written record of all tests and upon completion of the project, assemble and certify a final test report. The electrical equipment manufacturer shall provide the services of a certified UL inspector to inspect the installed system and provide a UL label on each Section indicating compliance with UL Standards. 1.03 Description of the system A. Factory-assembled VFD motor control units for distribution and control of power from incoming line terminals to outgoing feeder terminals, installed and tested in place. Where shown on drawings, furnish and install VFD units in existing freestanding NEMA 12 motor control cabinets as herein specified. The motor control shall be supplied from a 480V, 3-phase, 3-wire 60 cycle power system as shown. A U.L. label shall be provided on each Section indicating compliance with UL Standards. The adjustable frequency drives and all components shall be designed, manufactured and tested in accordance with the latest applicable standards of ETL, UL, ANSI, and NEMA. B. VFD Motor Control Units shall include all protective devices and equipment as listed on drawings or as included in these specifications, with necessary interconnections, instrumentation, and control wiring. C. The VFD manufacturer shall be responsible for providing a system for the specific installation intended, including considerations of conductor distances from the drive to the motor. Distances may be substantial and are indicated on the electrical plan drawings. Each VFD drive shall include output filtering elements within the drive or as an alternate provide reflective wave traps (RWT) at the motor disconnects. Output filtering elements shall limit the voltage rise time and voltage peak at the motor terminals to those required by NEMA MG1-1993, Section IV, Part 30 with voltage peak less than 1000 volts and voltage rise time greater than 2 microseconds. Provide NEMA-4X rated fully encapsulated reflective wave traps as manufactured by Cutler Hammer or equal 1.03 QUALITY ASSURANCE A. Reference Standards: 1. American National Standard Institute (ANSI): a. ANSI Y32.2-1975, Graphic Symbols for Electrical and Electronic Diagrams. b. ANSI Z55.1-1967 (R1973) Gray finishes for Industrial Apparatus and Equipment. 2. National Electrical Manufacturers Association (NEMA): December 7, 2004 16165-2 Collier County Utilities MPS VFD/A TS Replacement a. NEMA ICS-1, 2, 3, 4, 5, 6, controls and systems. 16 Cll . 3. National Fire Protection Association (NFPA): a. NFPA 70 National Electric Code (NEC). 4. Underwriters' Laboratories, Incorporated (UL): a. UL Electrical Construction Materials List, motor controllers motor-control centers (NJAV), (HJOT) and (NLDX). 1.04 SUBMITTALS A. Product Data: 1. Layouts showing concrete pad dimensions, conduit entrance and available space, bus duct connections, electrical ratings, nameplate nomenclature, and single-line diagrams in accordance with ANSI Y32.2 indicating connections and controls with numbered terminals. 2. Frame sizes and Interrupting Capacity of unit. 3. Horsepower rating and rated voltage of unit. 4. Manufacturer's written recommendation for storage and protection, installation instructions and field test requirements. 5. Manufacturer's instructions for tightening bus connections, performing cleaning, and operating and maintaining motor control unit. 6. Submit written verification that overall dimensions are within the maximum dimensions indicated on plans. 7. Submit manufacturers recommended spare parts list. B. Shop Drawings: 1. Complete master wiring diagrams, elementary schematics and control schematics shall be submitted for approval before proceeding with manufacture. Suitable outline drawings shall be furnished as part of this submittal. Standard or typical pre-printed sheets or drawings simply marked to indicate applicability to this contract will not be acceptable. Shop drawings shall be job specific. 2. A complete drawing indicating each point of interface with the process control system and the type of signal provided or accepted at each point. This drawing shall depict the actual interface terminal block including all circuit designations. 3. A complete sequence of operation describing the behavior of the drives in response to external signals and the signals which will be provided to the process control system during operation of the drives. All interlocks and limits which are internal to the operation of the drives shall be included in this description; including pump curve operating limits. 4. A drawing showing the layout of the VFD local control panel indicating every device mounted on the door with complete identification. 1.05 WARRANTY A. The equipment manufacturer shall provide a two (2) year warranty from initial startup and demonstration of drive system to the engineer. The equipment manufacturer shall guarantee that the equipment furnished is suitable for the purpose intended and free from defects of design, material and workmanship. In the event the equipment fails to perform as specified, the equipment manufacturer shall promptly repair or replace the defective equipment without any costs to the owner (including December 7, 2004 16165-3 Collier County Utilities MPS VFD/A TS Replacement 16Cl1. labor, transportation, handling and shipment costs). Warranty shall not cover damage to the equipment caused by external sources and operator errors; however the units shall be protected from power line surges and electrical fault conditions and therefore the warranty shall apply to lightning and transient surge, ground faults, line to line faults, EMI and RFI interference and other external electrical disturbance caused damage. B. The VFD manufacturer shall maintain as part of a national network, engineering service facilities within 150 miles of the project to provide start-up service, emergency service calls, repair work, and service contracts. 1.06 SPARE PARTS: A. The manufacturer shall supply two complete VFD drive systems for spare parts. The spare VFDs shall be complete minus the mounting backplane, input reactor and output filter. All other accessories shall be included in the spare units, including but not limited to keypad, HMI, Ethernet module, etc. Turn over spare parts to the owner at final completion. In addition to the two complete VFD spare drives, provide two ventilation fans, two sets of fuses, 10 ventilation filter sets. PART 2 - PRODUCTS 2.01 GENERAL: A. Provide 6-pulse VFD's and integrate within the motor control center. Provide shop drawings for the custom backplane mounting provisions. Provide 50 degree centigrade ambient rated VFDs as manufactured by Cutler Hammer or Allen Bradley. The unit shall have an output rating of a minimum of 100 horsepower, 129amps, and continuous operation in a 50 degree ambient environment. B. The VFDs shall be of the Pulse Width Modulated (PWM) design converting the utility input voltage and frequency to a variable voltage and frequency output via a two-step operation. IGBT type Transistors shall be used in the inverter section. The VFDs shall utilize a Current Controlled Pulse Width Modulated (CCPWM) technique for producing adjustable frequency speed control. The VFDs shall be current regulated. VFDs permitting instantaneous over current trips other than for output short circuit are not acceptable. C. All VFDs shall utilize a vector torque control strategy to regulate motor flux to optimize motor torque without the need for encoders. VFDs requiring voltage, dwell and current adjustments to achieve improved torque control are not acceptable. D. The drives shall vary the output frequency from minimum to maximum pump speed typically 6-60hz. The drive shall be of sufficient capacity and provide a quality of output waveform so as to achieve full rated and continuous output of the pump motor. All drives shall be factory built-up units complete with all necessary and specified components, as hereinafter defined, which shall be supplied by the drive manufacturer as a unit. Each built-up drive shall be tested by the drive manufacturer prior to shipment from the factory and a certificate of the test provided. 2.02 Environmental Conditions December 7, 2004 16165-4 Collier County Utilities MPS VFD/A TS Replacement _._-_._~_.~_..._-.-_....._..~._-~- 16Cl1. A. The drive shall accept pump station power nominal AC voltage of 480V AC +10% - 10%, 3 phase, 60 Hertz:t 3%. B. The operating ambient condition shall have a temperature range of 0 to 50 degrees Celsius with a relative humidity of up to 95% (non-condensing). 2.03 Construction Techniques A. The drive shall be of modular design to provide for ease and speed of maintenance including removal of modules, with one maintenance technician. C. The DC bus shall be filtered by a series inductor and capacitors to provide ripple free dc. The inductor shall be an integral part of the ability of the drive to withstand output fault conditions as specified. Provide all drives with minimum 3 percent input power inductors. The 3% input reactor shall be open type and housed within the existing enclosure or in a separate NEMA-1 ventilated enclosure mounted above the VFD enclosure. D. Input Circuit breakers. Refurbish the existing operating mechanism. Insure that the door can be padlocked in the "Off' position. Protection for the VFD's power circuit shall be provided by use of the existing circuit breaker and type "J" input fuses to provide 200K AIC symmetrical rating. F. The drive shall meet anyone of the following standards; CSA, ETL, UL. G. All VFD's must be tested/run under load for at least four hours at maximum operating temperatures with a fully loaded motor at varying speeds. H. All low voltage (logic control) circuitry (12Vdc, 24Vdc and 120Vac) shall be physically and electrically isolated from medium voltage (480 Vac, 600Vdc) power circuitry to insure safety to maintenance personnel. I. The VFD shall be furnished with a diagnostic indicator to show low bus/line and high bus/line voltage conditions, timed current overload and inverter output fault. Drive ready and Drive run status indication shall be standard. 2.04 ACCESSORIES A. Motor thermal protection shall also provide single phase protection. A three position switch (hand-oft-auto) mounted on the controller door provides manual selection of run/stop control. The "Hand" position allows manual run/stop and speed control of the VFD. The drive will first attempt to restart on the inverter up to a maximum of three times on "Auto-Restart" before faulting out and waiting for operator reset. The door of the VFD cabinet shall contain but not be limited to the following devices (see elementary drawings): 1. Circuit breaker operating handle - mechanically interlocked with the door. 2. Key Pad and alpha numeric displays providing programming and manual control of the drive. 3. Elapsed Time Meter. 4. VFD fault indicating light, LCD display indication acceptable. 5. Hand off auto switch. December 7, 2004 16165-5 Collier County Utilities MPS VFD/A TS Replacement l6Cll 6. 7. B. 10. Emergency Stop pushbutton. Run indicating light. Off indicating light. Motor over temp pilot light 2.05 Operating Characteristics A. The variable frequency drive shall convert 3 phase, 60 Hertz input power to an adjustable frequency and voltage (from 6 Hertz to 60 Hertz with a frequency stability of +/- 1 % of setting) for controlling the speed of AC induction motors. The converter will be of the voltage source design using current controlled PWM techniques. The input power factor of the drive shall be a minimum of .95 at all speeds and loads. Variable frequency and voltage output shall provide constant volts per hertz excitation for the motor up to 60 hertz. B. The output voltage shall vary proportionally with the output frequency to maintain a constant volts/Hertz value up to nominal frequency. Above nominal frequency, the output voltage shall remain constant. C. The modulating control scheme shall closely approximate actual sine wave current throughout the speed range of the drive. The regulator shall be fully digital with microprocessor control of frequency, voltage, and current. The frequency resolution of the drive shall be .01 Hertz. All drive adjustments and custom programming shall be capable of being stored in a non-volatile memory (EEPROM). D. Current limit. A current limit circuit shall be provided to limit motor current to a preset adjustable maximum level by reducing the drive operating speed or acceleration rate when the limit is reached. Range of adjustment shall be from 50 to 115%. E. The normal operation for the VFDs is a speed signal follow mode from the plant control system. This mode uses a run contact, speed setpoint signal from and speed feedback signal to the plant control system. The VFD shall be capable of a backup mode of control as follows: on plant control system failure the VFD receives a contact closure from a backup pump control system, the VFD ignores the normal speed follow signal and run command signals, the VFD starts and uses the backup internal predetermined and programmed setpoint value within the VFD control. The VFD maintains the predetermined speed setpoint until the backup control mode contact is normalized. F. Short circuit and ground fault protection. The VFD shall have an instantaneous electronic trip circuit to protect the VFD from output line-to-line and line-to-ground short circuits. The VFD must be capable of withstanding without damage to the VFD, short circuits at 4BOV plus 10% (52BV). This capability shall be demonstrated to the engineer. G. Instantaneous overcurrent trip capability. The VFD shall be capable of providing 110% motor name plate service factor current for one minute. The VFD shall include an instantaneous overcurrent trip. The VFD shall not restart after electronic overcurrent trip until manually reset. H. Power loss ride-through. The VFD shall be capable of continued operation during an intermittent loss of power for 1.0 second (60 cycles). Opening of the VFD's input December 7., 2004 16165-6 Collier County Utilities MPS VFD/A TS Replacement 16 Cll · and/or output line switches while operating shall not result in damage to power circuit components. J. Motor overload protection. Provide electronic motor overload protection integral to the inverter. J. Transient and surge voltage protection. Transient and surge voltage protection shall be provided through use of Metal Oxide Varistors (MOV's). K. Auto restart after fault. The VFD shall automatically attempt to restart after a malfunction or an interruption of power. If the drive reaches the limit of restarts without successfully restarting and running for 90 seconds, the restart circuit shall lockout and drop out the fault relay. Two Form C contacts shall be provided. L. Auto restart after power outage. A programmable time delay shall be provided to prevent immediate restarts after a power outage. The drive shall automatically restart after the time delay on power loss faults. The number of restarts shall be programmable up to three (3). The VFD shall be capable of starting into a spinning motor. The VFD shall be able to determine the motor speed in any direction and resume operation without tripping. If the motor is spinning in the reverse direction, the VFDs shall start into the motor in the reverse direction, bring the motor to a controlled stop, and then accelerate the motor in the preset method of starting. M. Frequency jump points: Provide (4) selectable frequency jump points in 1.5hz increments, to be used to avoid critical resonance frequencies of the mechanical system. 2.05 CONTROLS A. Provide an operator panel with keypad and vacuum fluorescent alphanumeric display. The display provides indication of any selected drive functions; speed, load, motor volts, motor amps, diagnostic information, programming functions, etc. The keypad provides a means of programming and manually controlling the drive. Programming only keypads are not acceptable. In addition to the keypad provide VFD units with an Ethernet port and programming software. The programming software installed on a PC computer shall provide parameter adjustment as well as drive troubleshooting. B. Remote Controls: Each drive shall also have provisions for the following hard wired inputs and outputs for remote operator control from the plant computer system. 1. Digital inputs/outputs a. Start/Stop b. Motor winding over temperature trip. c. Pump fault d. Backup pump operation control mode e. VFD remote reset f. Other inputs as indicated on the drawings. g. Manual/off (local) mode operation (not in auto, not ready) h. Drive running i. Drive fault 3. Analog inputs/outputs (4-20ma) December 7, 2004 16165-7 Collier County Utilities MPS VFD/A TS Replacement .._"..,-~---_._'_.'-'.' 16Cl1. a. b. Motor speed output Remote speed Setpoint input C. Internal Control Wiring: Each control wiring conductor shall have heat shrink identification labels on each end of termination. Terminations shall be made to screw terminal strips. All points of terminal strips are to be labeled to match conductor labeling. PART 3 - EXECUTION 3.01 INSPECTION A. Examine area to receive motor-control units to assure adequate clearance for motor control unit installation. Check that concrete pads are level and free of irregularities for motor control centers. C. All workmanship utilized in the manufacture and installation of this system shall be of the highest quality and performed in a manner which is consistent with all accepted practices for industrial controls. B. The installing contractor shall guarantee that installation of the system is in accordance with the manufacturer's instructions. C. The supplier shall construct and verify proper operation of the assembled system under simulated conditions with motors of similar characteristics; before shipment to the site. These performance tests shall be repeated once the system is installed and re-assembled. 3.02 START UP SUPERVISION AND TRAINING A. The system supplier shall provide a factory trained and authorized service technician to inspect all final connections and check the system prior to start-up of the pump drive system. The factory authorized person shall provide written certification that the installation meets or exceeds all factory recommendations for proper operation. B. Copies of the Operating and Maintenance manuals shall be prepared specifically for this installation and shall include all required specification sheets, drawings, equipment lists, descriptions, etc. that are required to instruct operating and maintenance personnel unfamiliar with such equipment. C. A factory representative who has complete knowledge of proper operation and maintenance shall be provided for one day to instruct representatives of the owner and the Engineer in proper operation and maintenance. Training subjects shall include, operator training, system repair, maintenance and detailed software training. Training shall be conducted after system startup, testing, and control tuning procedures are complete, and before final completion inspection testing. Ifthere are difficulties in operation of the equipment due to the installation or fabrication, additional instruction days shall be provided as deemed necessary by the engineer and at no cost to the owner. END OF SECTION December 7, 2004 16165-8 Collier County Utilities MPS VFD/A TS Replacement ~ _...._-~.-."--"- 16Cl1. SECTION 16190 SUPPORTING DEVICES 1.01 GENERAL A. Furnish and install all supports, hangers and inserts required to mount fixtures, conduit, cables, pull boxes and other equipment furnished under this Division. All supporting devices and hardware exterior of buildings or interior of structures except in air conditioned spaces shall be stainless steel. Aluminum and non metallic supports (fiberglass) and hardware will be reviewed by the engineer on a case-by- case basis. B. All items shall be supported from the structural portion of the building. Supports and hangers shall be of a type approved by Underwriters' Laboratories. Wire shall not be used as a support. Boxes and conduit shall not be supported or fastened to ceiling suspension wires or to ceiling channels. C. This Contractor shall layout and install his work in advance of the laying of floors or walls, and shall furnish and install all sleeves that may be required for openings through floors, wall etc. Where plans call for conduit to be run exposed, this Contractor shall furnish and install all inserts and clamps for the supporting of conduit. If this Contractor does not properly install all sleeves and inserts required, he will be required to do the necessary cutting and patching, later at his own expense, to the satisfaction of the Engineer. 1,02 INSTALLATION A. All steel conduits shall be securely fastened in place on maximum of 4 foot intervals; all PVC conduits shall be securely fastened in place on maximum of 3 foot intervals vertically and 2 foot intervals horizontally. Hangers, supports or fastenings shall be provided at each elbow and at the end of each straight run terminating at a box or cabinet. The use of perforated iron for supporting conduits will not be permitted. The required strength of the supporting equipment and size and type of anchors shall be based on the combined weight of conduit, hanger and cables. Horizontal and vertical conduit runs may be supported by two-hole malleable straps, clamp- backs, or other approved devices with suitable bolts, expansion shields (where needed) or beam-clamps for mounting to building structure or special brackets. B. Where two or more conduits one inch (1 ") or larger run parallel trapeze hangers may be used consisting of concrete inserts, threaded solid rods, washers, nuts and stainless steel "L" angle iron, or Unistrut cross members. These conduits shall be individually fastened to the cross member of every other trapeze hanger with malleable cast one hole straps, clamp backs, bolted with proper size stainless steel machine bolts, washers and nuts. If adjustable trapeze hangers are used to support groups of parallel conduits, U-bolt type clamps shall be used at the end of a conduit run and at each elbow. J-bolts, or approved clamps, shall be installed on each third intermediate trapeze hanger to fasten each conduit. C. Hangers shall be made of durable materials suitable for the application involved and shall be stainless steel. December 7, 2004 16190-1 Collier County Utilities MPS VFD/A TS Replacement 16 Cll · D. On concrete or masonry construction, use "Tapcon" type fasteners. For brick construction, insert anchors shall be installed with round head machine screws. In wood construction, round head screws shall be used. An electric or hand drill shall be used for drilling holes for all inserts in brick, concrete or similar construction. In brick, inserts shall be near center of brick, not near edge or in joint. Where steel members occur, it shall be drilled and tapped, and round head machine screws shall be used. All screws, bolts, washers, etc., used for supporting conduit or outlets shall be fabricated from stainless steel, or approved substitution. END OF SECTION December 7, 2004 16190-2 Collier County Utílities MPS VFDIA TS Replacement .-..._-,.,,~-_._-- 16Cl1. SECTION 16260 AUTOMATIC TRANSFER SWITCH 1.01 GENERAL A. Automatic transfer switches shall be furnished as shown on plans, with full load current and voltage rating as shown, normal and emergency. The transfer switch shall be capable of switching all classes of load, and shall be rated for continuous duty when installed in a non-ventilated enclosure NEMA 12, ICS 6 or 3R that is constructed in accordance with Underwriters' Laboratories, Inc., Standard UL-1008. Transfer switches shall be rated to carry 100 percent of rated current continuously in the enclosure supplied, in ambient temperatures of -40 to +60 degrees C, relative humidity up to 95% (non-condensing). Provide heavy duty transfer switch by Cummins Onan or prior approved equal. B. Provide complete factory assembled power transfer equipment with field programmable digital electronic controls designed for fully automatic operation and including: surge voltage isolation, voltage sensors on all phases of both sources, linear operator, permanently attached manual handles, positive mechanical and electrical interlocking, and mechanically held contacts for both sources. C. Transfer switch equipment shall have withstand and closing ratings (WCR) in RMS symmetrical amperes greater than the available fault currents. Contractor to verify available fault currents. The transfer switch and its upstream protection shall be coordinated. The transfer switch shall be third party listed and labeled for use with the specific protective device(s) installed in the application. D, Transfer switches shall be double-throw, electrically and mechanically interlocked, and mechanically held in the source 1 and source 2 positions. The transfer switch shall be specifically designed to transfer to the best available source if it inadvertently stops in a neutral position. Transfer switches shall be equipped with permanently attached manual operating handles and quick-break, quick-make over-center contact mechanisms. Transfer switches over 1000 amperes shall be equipped with manual operators for service use only under de-energized conditions. The transfer switch shall be configurable to control the operation time from source to source (program transition operation). E. The transfer switch shall be capable of transferring successfully in either direction with 90% of rated voltage applied to the switch terminals. Transfer switches that are designated on the drawings as 3-pole shall be provided with a neutral bus and lugs. The neutral bus shall be sized to carry 100% of the current designated on the switch rating. Transfer switch shall be provided with long barrel Hi-Press lugs sized to accept the full output rating of the switch. Lugs shall be suitable for the number and size of conductors shown on the drawings. F. Operator Panel. Each transfer switch shall be provided with a control panel to allow the operator to view the status and control operation of the transfer switch The operator panel shall be provided with the following features and capabilities. 1. High intensity LED lamps to indicate the source that the load is connected December 7, 2004 16260-1 Collier County Utilities MPS VFD/A TS Replacement .·~_."..._m.~~_< 16Cl1 . to (source 1 or source 2); and which source(s) are available. Source available LED indicators shall operate from the control microprocessor to indicate the true condition of the sources as sensed by the control. High intensity LED lamps to indicate that the transfer switch is "not in auto" (due to control being disabled or due to bypass switch (when used) enabled or in operation) and "Test/Exercise Active" to indicate that the control system is testing or exercising the generator set. 2. "OVERRIDE" pushbutton to cause the transfer switch to bypass any active time delays for start, transfer, and retransfer and immediately proceed with its next logical operation. "TEST" pushbutton to initiate a preprogrammed test sequence for the generator set and transfer switch. The transfer switch shall be programmable for test with load or test without load. "RESET/LAMP TEST" pushbutton that will clear any faults present in the control, or simultaneously test all lamps on the panel by lighting them. 3. The control system shall continuously log information on the number of hours each source has been connected to the load, the number of times transferred, and the total number of times each source has failed. This information shall be available via the operator display panel. 4. Analog AC meter display panel, to display 3-phase AC Amps, 3-phase AC Volts, Hz, KW load level, and load power factor. The display shall be color-coded, with green scale indicating normal or acceptable operating level, yellow indicating conditions nearing a fault, and red indicating operation in excess of rated conditions for the transfer switch. G. Engine starting contacts shall be provided in transfer switch to start the generating plant if any phase of the normal source drops below 85% of rated voltage. after an adjustable time delay period of 1-120 seconds. H. The transfer switch shall transfer to emergency as soon as the generator source voltage and frequency have reached 90% of rated. After restoration of normal power on all phases to 95% of rated voltage, adjustable time delay period of 2-25 minutes shall delay transfer to normal power until it has had time to stabilize. If the emergency power source should fail during the time delay period, the time delay shall be by-passed, and the switch shall return immediately to the normal source. Whenever the switch has retransferred to normal, the engine-generator shall be allowed to operate at no load for an adjustable period of time (10 minutes initially) to allow it to cool before shut-down. Transfer switch voltage sensors shall be close differential type, providing source availability information to the control system based on the following functions: 1. Monitoring all phases of the normal service (source 1) for under voltage conditions (adjustable for pickup in a range of 85 to 98% of the normal voltage level and dropout in a range of 75 to 98% of normal voltage level). 2. Monitoring all phases of the emergency service (source 2) for under voltage conditions (adjustable for pickup in a range of 85 to 98% of the normal voltage level and dropout in a range of 75 to 98% of pickup voltage level). December 7, 2004 16260-2 Collier County Utilities MPS VFD/A TS Replacement 16 Cll . 3. Monitoring all phases of the normal service (source 1) and emergency service (source 2) for voltage imbalance, loss of single phase, phase rotation, over voltage conditions (adjustable for dropout over a range of 105 to 135% of normal voltage, and pickup at 95-99% of dropout voltage level), over or under frequency conditions. 4. Monitoring the neutral current flow in the load side of the transfer switch. The control shall initiate an alarm when the neutral current exceeds a preset adjustable value in the range of 100-150% of rated phase current for more than an adjustable time period of 10 to 60 seconds. I. The transfer switch shall include a test switch to simulate normal power failure with actual load transfer. A remote contact from the plant control system shall be accepted by the A TS to provide generator start and load control testing. Pilot lights shall be included on the cabinet door to indicate the main switch closed on normal (green) or emergency (Red); a yellow pilot light shall indicate the emergency power source running. I. The transfer switch shall include two auxiliary contacts on the main operating shaft indicating closed on normal and two auxiliary contacts indicating closed on emergency. In addition, two sets of relay contacts shall be provided to operate upon loss of the normal power supply. All relays, timers, control wiring and accessories to be front accessible. Auxiliary contacts shall be provided for remote plant control system monitoring. J. Include an exerciser with transfer switch for exercising generator in loaded condition every 168 hours for a period adjustable to 15 minute increments from 20 minutes minimum. Include automatic return to normal should the genset fail to provide load during the exercise run, if normal power is available. Provide programmed transition controls with adjustable time delay option to limit inductive load inrush currents. Switches without adjustable programmed transition are not acceptable. K. Provide option for dry maintained contact input from a load management system to start generator and transfer A TS on load. Provide options for dry contact outputs for remote display of; utility power loss; generator running; normal power supplying load; generator supplying load. L. Several of the existing transfer switches have integrated genset battery chargers. The A TS supplier shall remove the existing battery chargers and reinstall within the new ATS during ATS installation. M. The A TS supplier shall remove the existing control cables coming from the genset and plant control system and reinstall on the new A TS equipment. 1.03 QUALITY ASSURANCEfTESTS A. As a precondition for approval, transfer switch, complete with timers relays and accessories shall be listed by Underwriters' Laboratories, Inc. in their Electrical Construction Materials Catalog under Standard UL-1008 (automatic transfer switches) and approved for use on emergency systems. December 7, 2004 16260-3 Collier County Utilities MPS VFD/A TS Replacement 16Cl1. B. When conducting temperature rise tests to paragraph 99 of UL-1008 the manufacturer shall include post-endurance temperature rise tests to verify the ability of the transfer switch to carry full rated current after completing the overload and endurance tests. C. Electrical Field Tests: Field testing shall be preformed prior to substantial completion by the A TS supplier with a factory trained technician. 1. Perform insulation resistance tests phase-to-phase and phase-to-ground with switch in both source positions. 2. Perform a contact resistance test across all main contacts. 3. Verify settings and operation of control devices in accordance with the specifications provided by the manufacturer. 4. Calibrate and test all relays and timers including voltage and frequency sensing relays, in phase monitor (synchronism check), engine start and cool- down timers, transfer and retransfer timers, etc. 5. Perform automatic transfer tests: Simulate loss of normal power. Test Return to normal power. Simulate loss of emergency power. Simulate all forms of single phase conditions. Monitor and verify correct operation and timing of the following simulations: Normal voltage-sensing relays: Engine start sequence: Time delay upon transfer: Alternate voltage-sensing relays: Automatic transfer operation: Interlocks and limit switch function: Time delay and retransfer upon normal power restoration: Engine cool-down and shutdown feature. 6. SYSTEM FUNCTION TESTS: Perform system function tests upon completion of equipment tests. It is the purpose of system function tests to prove the proper interaction of all sensing, processing, and action devices. a. Develop test parameters for the purpose of evaluating performance of all integral components and their functioning as a complete unit within design requirements. b. Test all interlock devices. c. Record the operation of alarms and indicating devices. 1.03 SHOP DRAWINGS A. Submit shop drawings and product data clearly indicating: 1. Cabinet dimensions. 2. All applicable options and accessories. 3. Wiring diagrams. 4. Interrupting or withstanding current rating. 5. All electrical characteristics and data as required to show compliance with these specifications. 6. Digital Metering device and wiring. END OF SECTION December 7, 2004 16260-4 Collier County Utilities MPS VFD/A TS Replacement 16 Cll SECTION 16450 GROUNDING PART 1 - GENERAL 1.01 DESCRIPTION A. Description of System: 1. In general, all electrical equipment (metallic conduit, motor frames, panelboards, etc.) shall be bonded together with a green insulated or bare copper system grounding conductor in accordance with specific rules of Article 250 of the N.E.C. Bonding conductor through the raceway system shall be continuous from main switch ground bus to panel ground bar of each panelboard, and from panel grounding bar of each panelboard to branch circuit equipment and devices. 2. A main ground, bare copper conductor, NEC sized but in no case less than #4/0, shall be run in conduit from the Main Switchgear to a concrete encased ground conductor and a driven ground field under the main switchgear area. The driven ground field shall be a minimum of (3) 20 foot by 3/4 inch copperclad ground rods exothermic connected together with 4/0 cable. The ground field shall be bonded to perimeter ground system with a minimum of #2 solid bare tinned. This ground system shall also be bonded to the main water service nearest the Main Switchgear. Provide properly sized bonding shunt around water meter and/or dielectric unions in the water pipe. 3. Grounding conductors shall be installed providing shortest and most direct path from equipment to ground; be installed in metal conduit with both conductor and conduit bonded at each end; have connections accessible for inspection and made with approved solderless connectors brazed (or bolted) to the equipment or structure to be grounded; in NO case be a current carrying conductor; have a green jacket unless it is bare copper; be run in conduit with power and branch circuit conductors. The main grounding electrode conductor shall be exothermic welded to ground rods: All connections at or below grade shall be exothermic welded. 4. All contact surfaces shall be thoroughly cleaned before connections are made to insure good metal to metal contact. 5. Mechanical lugs or wire terminals shall be used to bond ground wires together or to junction boxes and panel cabinets and shall be manufactured by Anderson, Buchanan, Thomas and Betts Co., or Burndy. 6. All exterior grade mounted equipment shall have their enclosures grounded directly to a separate driven ground at the equipment in addition to the building ground connection. 7. Provide bonding between all ground systems. Exterior ductbank counterpoise grounds shall be brought into adjacent building and bonded to December 7, 2004 16450-1 Collier County utilities MPS VFD/A TS Replacement 16Cl1. the interior ground bus. Lightning protection grounds shall be bonded to building interior ground bus. All Instrumentation and control grounds shall be bonded to the power ground bus. Bond all surge suppression devices to protected equipment cases, the power ground green conductor, the equipment ground rod and to adjacent metallic systems, (hand rail, pipe stands, piping, etc). Bonding shall be facilitated via copper conductors. B. All raceways shall have an insulated copper system ground conductor throughout the entire length of circuit installed within conduit in strict accordance with NEC. Grounding conductor shall be included in total conduit fill determining conduit sizes, even though not included or shown on drawings. A separate green with tracer grounding conductor shall be run from isolated ground receptacles to the isolated ground bar on the serving panelboard. Also provide a separate insulated conductor minimum size #2 from isolated ground bar on panel to shielded transformer ground lug. 1.02 SUBMITTALS A. Submit product data on ground rods, ground wire, ground connectors and data on exothermic weld. END OF SECTION December 7. 2004 16450-2 Collier County Utilities MPS VFDIA TS Replacement 16 Cll SECTION 16709 SURGE SUPPRESSION. BONDING & GROUNDING PART 1 GENERAL 1 APPLICABILITY A. Surge suppression, grounding and bonding requirements outlined herein shall be fully applicable to all electrical and electronic systems which are provided as part of this contract under this division. It is intended that surge suppressors, grounding and bonding provisions as described herein be provided for each system or device by the contractor installing the system or device. Under certain circumstances, Surge suppression devices, bonding and special grounding may be required as provision for owner provided systems or equipment. Specific requirements for such additional surge suppression, bonding, and grounding will be indicated on the contract drawings or described elsewhere in this specification. B. Surge suppression, bonding and grounding shall be required on electrical and electronic systems apparatus residing outside the confines of a protected building. Tower mounted lighting, RF transmitters and active repeaters are examples of these types of devices. Devices mounted on the exterior wall of a protected building below the roof line shall be considered as being within the protected building. C. Requirements of this section shall be fully applicable to systems furnished under other divisions when reference is made to this section. References shall be by section number, name, or both. 2 REFERENCE STANDARDS AND PUBLICATIONS A. The following standards and publications are referenced in various parts of this section and shall apply to this work: 1. ANSI/lEEE C62.41-1980 (IEEE 587) Guide for Surqe Voltaqes in Low- Voltaqe AC Power Circuits. For purposes of this specification, category A and B exposures shall be as described. Category C exposure shall be assumed to be similar to category B in terms of surge waveforms, however, maximum voltage amplitude shall be assumed to be ten kilovolts and maximum current amplitude shall be assumed to be ten kiloamperes. 2. ANSI/IEEE C62.31-1977 (IEEE 465.1-1977) Standard Test Specifications for Gas Tube Surqe Protective Devices. 3. ANSI/IEEE C62.1-1984 Standard for Surqe Arresters for AC Power Circuits. 4. ANSI/lEEE C62.32-1981 Standard Test Specifications for Low-Voltaqe Air Gap Surqe-Protective Devices. 5. ANSI/IEEE C62.33-1982 Standard Test Specifications for Varistor Surqe- Protection Devices. December 7, 2004 16709-1 Collier County Utilities MPS VFD/A TS Replacement 16Cl1. 6. ANSI/lEEE Standard 81-1983 Guide for Measurina Earth Resistivity. Ground Impedance. and Earth Surface Potentials of a Ground SYstem. 7. Liqhtnina and 60 Hz Disturbances at the Bell Operatina Company Network Interface. Bell Communications Research Technical Reference TR-EOP- 000001, Issue 1, June 1984 8. UL-1449 Standard for Transient Voltaae Surae Suppressors latest edition. B. ANSI/lEEE standards may be obtained from the Institute of Electrical and Electronics Engineers, Inc. 345 East 47th Street, New York, NY, 10017. C. Qualified surge suppression and equipment manufacturers may obtain a copy of the Bell Communications Research Standard through a Bell Operating Company representative. This document is also on file at the Engineer's office for review by interested parties. Permission to copy this document has not been granted. 3 SYSTEM PERFORMANCE CRITERIA A. Surge suppression. grounding and bonding required by this specification for protection of electronic systems shall effectively protect the systems to which it is applied against lightning and other surge transients throughout the useful life of the system. Surge suppression devices and related grounding and bonding systems shall be designed and installed in such a manner that normal operation of the system is not impaired due to installation of such devices. B. Calculations for suppressor pulse-lifetime ratings shall assume the devices are installed in areas of medium exposure when such devices are installed in ANSI/IEEE 62.41-1980 category A or B locations. Devices in category C locations shall be considered to be in an area of high exposure. Frequency of surge occurrence and surge amplitudes shall be as outlined in this standard with a required minimum suppressor lifetime of fifteen years. C. Electronic system equipment shall be protected by dealing with each group of related devices as a "cluster" of equipment and protecting all metallic circuits which enter and leave the cluster. The cluster may be as large as a computer room, control room or equipment room or as small as an individual equipment cabinet. For purposes of establishing maximum size, all equipment within a protected cluster shall fall within a circular area of not greater than twenty-five feet in radius around a common point. All metallic circuits entering and leaving the equipment cluster shall be grouped together at a common point or "window" not larger than four by eight feet in dimension and protected with one exception. Circuitry which is supported by equipment within the cluster and extending beyond the cluster to serve devices within the building shall not require protection provided all of the following conditions are met: 1. Circuitry is enclosed within ferrous metal conduit. 2. No wiring within the raceways containing such circuits extends beyond the confines of the building. December 7, 2004 16709-2 Collier County Utilities MPS VFD/A TS Replacement 16 Cll . 3. No connection is made between this wiring and conduit ground outside of the protected perimeter established for the equipment cluster. 4. All devices connecting to such circuits shall have no connections to conduit, other grounds or other power sources outside the perimeter established for the equipment cluster. 5. All wiring to devices (and circuitry within devices) must be insulated from conduit and other grounds to a minimum impulse breakdown level of 5000 (five-thousand) volts or greater. D. All equipment chassis within a protected equipment cluster shall be effectively isolated from stray grounds and bonded only to a ground bar at the "window" location for the cluster. The ground terminals of the suppressors protecting the equipment cluster shall also connect to this bar using a short direct route. The ground bar for each equipment cluster shall interconnect with each of the following external grounding systems: 1. Electrical "Green-Wire" grounds serving equipment within the cluster. 2. The building metallic structure at the closest point. 3. The nearest point of attachment to the building cold water piping system (if metallic). 4 SPECIAL CABLING REQUIREMENTS A. Cabling extended beyond the protected confines of a building, either direct burial or enclosed in non-ferrous conduit shall be designed for direct burial in a high lightning environment. B. Cables shall be expected to carry significant potentials associated with the direct or induced effects of lightning and protection from pinhole sheath damage and subsequent electrolytic action shall be provided. C. Cable design shall include a metallic shield and high density polyethylene outer jacket. Flooding compound shall be provided between the jacket and shield to heal pinhole jacket penetrations resulting from lightning. Standard direct burial telephone cables and CATV cables are acceptable for this application. 5 EXEMPTION FROM EXTERNAL SURGE SUPPRESSION REQUIREMENTS A. It is recognized that equipment and system manufacturers are beginning to address surge suppression as an inherent part of their equipment design and it is the intent of this specification to permit the use of such equipment without requiring supplementary external surge suppression. B. Specific exemption will be granted for such systems and equipment upon receipt of documented tests from the manufacturer certifying the ability of the equipment or system to withstand common and differential mode surges on all metallic circuits December 7, 2004 16709-3 Collier County Utilities MPS VFD/A TS Replacement 16Cl1. using levels and waveforms described in ANSI/IEEE C62.41-1980 and as extended in the standards paragraph of this section. Pulse lifetime and withstand ratings for equipment shall be certified based on the appropriate category of exposure for a medium or high exposure location as appropriate to the location in which the equipment will be installed. C. Exposure for circuits which connect to telephone company lines shall be determined from the Bell Communications Research Standard listed herein. Frequency of surge occurrence shall also be determined from this standard. D. Surge suppression furnished as an integral part of the equipment or system shall be designed for a useful lifetime of fifteen years under conditions of exposure as outlined in the appropriate standard. E. Grounding and bonding provisions described herein shall apply to all equipment which is internally protected by the equipment manufacturer. F. In absence of a more relative standard, ANSI/IEEE C62.41-1980 exposure categories and waveforms shall be utilized in determining protective requirements for both power and signal wiring. The branch circuit wiring systems providing power to various electronic systems are quite similar to signal wiring in terms of topography and electrical characteristics which determine their ability to propagate surge energy. 6 MANUFACTURER QUALIFICATIONS A. All surge suppression devices shall be manufactured by a company normally engaged in the design, development, and manufacture of such devices for electrical and electronic systems equipment. B. The surge suppressor manufacturer shall offer factory repair service for all non- encapsulated assemblies and replacement for all encapsulated units. 7 WARRANTY A. All surge suppression devices and supporting components shall be guaranteed by the installing contractor to be free of defects in materials and workmanship for a period of one year from the date of substantial completion for the system to which the suppressor is attached. B. Any suppressor which shows evidence of failure or incorrect operation during the warranty period shall be repaired or replaced at no expense to the Owner. Since "Acts of Nature" or similar statements include the lightning threat to which these suppression devices will be exposed, any such clause limiting warranty responsibility in the general conditions of this specification shall not apply to this section. 8 SUBMITTAL A. Surge suppression devices shall be submitted as an integral part of the equipment submittal for the system or equipment which they protect. Surge suppressors and December 7, 2004 16709-4 Collier County Utilities MPS VFD/A TS Replacement 16Cl1. their wiring, bonding, and grounding connections shall be indicated on the wiring diagrams for each system. Equipment grouped in clusters for the purposes of protection shall be indicated on the drawings by cluster and all bonding and grounding connections for the cluster shall be shown. B. The surge suppression submittal shall also include, but shall not be limited to, the following additional data: 1. Complete schematic data for each suppressor type indicating component values, part numbers, conductor sizes, etc. 2. Dimensions for each suppressor type indicating mounting arrangement and required accessory hardware. 3. Manufacturers certified test data indicating the ability of the product to meet or exceed requirements of this specification. 4. If requested, a non-encapsulated sample of each suppressor type to be used for testing and evaluation. If requested by the manufacturer, sample will be held confidential unless cause is found to suspect that actual devices furnished do not match sample. Samples will not be returned. 5. It is recognized that certain manufacturers do not wish to divulge the contents of their products. Under these conditions, and in lieu of the required sample, the suppressor manufacturer may submit certified test data from a recognized independent testing laboratory indicating compliance with each element of this specification. PART 2 - PRODUCTS 1 POWER SUPPRESSORS FOR ELECTRONIC EQUIPMENT A. Each item of electronic equipment provided under this contract and connected by line cord or direct wired to the building electrical system shall be provided with a three-stage single or multi-phase hybrid suppressor. Fusing shall be provided which removes the protective elements from the circuit upon failure. Visual indication or loss of output power shall be used to notify the user of device failure. B. Suppressors shall be rated for a minimum of 125% of their continuous electrical load. Suppressors for cord connected equipment shall be equipped with standard NEMA cordsets one of which includes a molded grounding receptacle and the other, a molded grounding plug. Suppressor shall be installed in series with the power cord for the protected equipment. Where several items of equipment are grouped within the same cluster of equipment, one suppressor may be used in conjunction with properly sized grounding plugstrip to serve the equipment. C. Suppressors for direct wired equipment shall be identical in internal design to the unit described for cord connected applications, however, protected screw terminals suitable for termination of solid copper wire shall be used for wiring terminations. One suppressor may be used to support several equipment cabinets provided all cabinets are located within the same equipment cluster and the maximum December 7, 2004 16709-5 Collier County Utilities MPS VFD/A TS Replacement -_.._*_."---_._"'"._-._.._._-,,,.~_._-,~-._,. 16Cl1. connected load shall not exceed eighty percent of the rated suppressor capacity. D. Suppressors shall be constructed with a phenolic non-flammable exterior housing with provisions for mounting to the interior of equipment racks, cabinets, or to the exterior of free-standing equipment. Suppressors shall be constructed as three- stage devices. The first stage shall include a high-energy varistor clamp between line and neutral and from neutral to ground. The second stage shall consist of series air-core inductor installed in the line conductor(s) to properly coordinate the action of the first and third stages. The third, fast acting, hard clamping stage shall consist of a network of silicon avalanche bipolar surge suppression diodes between the neutral and line conductor(s). E. Minimum suppressor performance characteristics shall be as follows: 1. Maximum single impulse line-to-neutral current withstand: 15,000 Amperes (8 x 20 us waveform) 2. Maximum single impulse neutral-te-ground current withstand: 10,000 Amperes (8 x 20 us waveform) 3. Pulse lifetime rating Category B worst case current waveform (8 x 20 us @ 3000 Amperes): 1200 occurrences 4. Pulse lifetime rating for 200 Ampere (8 x 20 us waveform): 10,000 occurrences 5. Worst case response time: Five Nanoseconds 6. Worst case (Maximum Single Impulse Current Conditions) clamping voltage: 400% of nominal phase-to-ground RMS voltage. 7. Initial breakdown voltage: 200% of nominal phase-to-ground RMS voltage. 2 SUPPRESSORS FOR SINGLE CONDUCTOR PROTECTION A. Suppression devices for single conductor protection shall be provided in multi- circuit pluggable packages suitable for the circuitry to be protected. Units for protection of data circuits which utilize standard connector configurations shall be equipped with connectors which install in series with the data cable to the protected equipment. Units intended for use with individual wiring conductors shall be equipped with accessory terminal blocks or strips suitable for the type of wiring being used. Suppressors installed outside of terminal or equipment cabinets (except at designated terminal boards) shall be provided with a housing approved for the location. B. Suppression for each circuit shall consist of a two-element gas tube first stage, a series isolating element, and a silicon avalanche second stage. Resistive limiting elements may be used where the voltage drop across the series resistance has no effect on circuit operation. Inductive series elements may be used on other circuits to effectively pass direct or low frequency alternating currents while limiting passage of fast risetime surge waveforms. Silicon avalanche devices shall be December 7, 2004 16709-6 Collier County Utilities MPS VFD/A TS Replacement 16Cl1. designed for surge suppressor applications and shall be polarized or bipolar as appropriate for each circuit. C. Minimum performance criteria (each circuit) shall be as follows: 1. Maximum single impulse conductor-to-ground current withstand: 12,000 Amperes (8 x 20 us waveform) 2. Pulse lifetime rating Category B worst case current waveform (8 x 20 us @ 3000 Amperes): 1200 occurrences 3. Pulse lifetime rating for 100 Ampere (10 x 1000 us waveform): 1,000 occurrences 4. Worst case response time: Five Nanoseconds 5. Worst case (Maximum Single Impulse Current) clamping voltage: 200% of normal operating voltage amplitude and polarized or bipolar as appropriate for each circuit type. 6. Initial breakdown voltage: 150 percent of normal operating voltage peak amplitude plus or minus five percent. 7. Capacitance: Capacitance for DC or low frequency lines shall not exceed 2000 picofarads measured line to ground at the rated diode breakdown voltage. Suppressors intended for use on high frequency or high baud rate circuits shall be designed for use on such lines. Capacitance of such units shall be equated to equivalent cable feet based on the type of cabling used for the particular circuit. The sum of equivalent cable feet for suppressors and actual cable footage shall not exceed manufacturers recommended maximum values for the system on which these devices are installed. 8. Circuit compensation: Any additional circuit compensation (gain or equalization) required to compensate for the insertion of surge suppression devices shall be provided as part of this contract. 3 SUPPRESSORS FOR CONDUCTOR PAIR PROTECTION A. Suppression devices for conductor pair protection shall be provided in multi-circuit pluggable packages suitable for the circuitry to be protected. Units for protection of data circuits which utilize standard connector configurations shall be equipped with connectors which install in series with the data cable to the protected equipment. Units intended for use with multiple wiring pairs shall be equipped with an accessory terminal blocks or strips suitable for the type of wiring being used. Single pair units shall be configured as encapsulated units with wire leads or screw- terminal wiring terminations. Suppressors installed outside of terminal or equipment cabinets (except at designated terminal boards) shall be provided with a housing to afford physical protection for the surge suppression modules. B. Suppression for each pair shall consist of a three-element gas tube first stage, an isolating element in series with each conductor of the pair, and a silicon avalanche December 7, 2004 16709-7 Collier County Utilities MPS VFD/A TS Replacement 16 Cll . second stage. Second stage clamping shall be provided across the pair for differential mode protection and from each side of the pair to ground for common mode protection. Resistive limiting elements may be used on low current circuits where the effect of voltage drop across the series resistance has no effect on circuit operation. Inductive series elements shall be used on higher current circuits to effectively pass direct or low frequency alternating currents while limiting passage of fast risetime surge waveforms. Silicon avalanche devices shall be designed for surge suppressor applications and shall be polarized or bipolar as appropriate for each circuit. C. Minimum performance criteria (each circuit) shall be as follows: 1. Maximum single impulse conductor-to-ground or conductor to conductor current withstand: 10,000 Amperes (8 x 20 us waveform) 2. Pulse lifetime rating Category B worst case current waveform (8 x 20 us @ 3000 Amperes): 10 occurrences 3. Pulse lifetime rating for 100 Ampere (10 x 1000 us waveform): 1,000 occurrences 4. Worst case response time: Five Nanoseconds 5. Worst case (Maximum Single Impulse Current) clamping voltage: 200% of normal operating voltage amplitude and polarized or bipolar as appropriate for each circuit type. 6. Initial breakdown voltage: 150 percent of normal operating voltage peak amplitude plus or minus five percent. 7. Capacitance: Capacitance for DC or low frequency lines shall not exceed 2000 picofarads measured line to line or line to ground at the rated diode breakdown voltage. Suppressors intended for use on high frequency or high baud rate circuits shall be designed for use on such lines. Capacitance of such units shall be equated to equivalent cable feet based on the type of cabling used for the particular circuit. The sum of equivalent cable feet for suppressors and actual cable footage shall not exceed manufacturers recommended maximum values for the system on which these devices are installed. 8. Circuit compensation: Any additional circuit compensation (gain or equalization) required to compensate for the insertion of surge suppression devices shall be provided as part of this contract. 4 BONDING AND GROUNDING CONDUCTORS AND MATERIALS A. Conductors utilized for surge suppressor bonding shall be a minimum of #6 AWG solid insulated copper unless otherwise specified. B. Ground bus or strip material shall be copper, a minimum of 26 gauge in thickness and three inches wide unless otherwise specified. Bus materials may be secured to surfaces with an appropriate mastic material or mechanical fasteners. Bus December 7, 2004 16709-8 Collier County Utilities MPS VFD/A TS Replacement ..."'-~-'--- 16 Cll . connections shall be bolted or brazed and reinforced as necessary on thin bus material to provide a permanent and secure connection. C. Unless otherwise specified, all surge suppression grounding electrodes shall be 5/8" diameter copperweld rods, twenty feet in length. D. Connectors, splices, and other fittings used to interconnect grounding conductors, bond to equipment or ground bars, shall comply with requirements of the National Electric Code and be approved by Underwriters Laboratories for the purpose. E. Connectors and fittings for grounding and bonding conductors shall be of the compression or set-screw type in above grade locations. Connections below grade shall be exothermically welded or brazed. F. Bonding connections between electrically dissimilar metals shall be made using exothermic welds or using bi-metal connectors designed to prevent galvanic corrosion. PART 3 - EXECUTION 1 SEGREGATION OF WIRING A. All system wiring shall be classified into protected and non-protected categories. Wiring on the exposed side of suppression devices shall be considered unprotected. Surge suppressor grounding and bonding conductors shall also fall into this category. B. All wiring between surge suppressors and protected equipment shall be considered protected. Isolated circuitry exempted from surge suppression requirements in part one of this section shall also be considered protected. C. A minimum of three inches of separation shall be provided between parallel runs of protected and unprotected wiring in control panels, terminal cabinets, terminal boards and other locations. In no case shall protected and unprotected wiring be bundled together or routed through the same conduit. Where bundles of protected and unprotected wiring cross, such crossings shall be made at right angles. 2 INSTALLATION OF SUPPRESSORS A. Suppressors shall be installed as close as practical to the equipment to be protected consistent with available space. Where space permits and no code restrictions apply, suppressors may be installed within the same cabinet as the protected equipment. Suppressors installed in this manner shall utilize the equipment chassis as a medium for bonding of their ground terminals. Bonding jumpers not exceeding two inches in length shall be installed between the chassis and suppressor ground terminals. Bolted connections with star washers shall be used to insure electrical and mechanical integrity of connections to the equipment chassis. B. Suppressors shall be installed in a neat, workmanlike manner. Lead dress shall be consistent with recommended industry practices for the system on which these December 7, 2004 16709-9 Collier County Utilities MPS VFD/A TS Replacement 16Cl1. devices are installed. C. Bonding between ground terminals for power and signal line suppressors serving a particular item or cluster of equipment shall be kept as short as possible. Where practical, suppressors shall be installed in a common location for the cluster with their ground terminals bonded closely together. For installations requiring separation between the various suppressor grounds and equipment chassis within an equipment cluster, the following table shall be used to determine bonding conductor requirements (distances are measured between most distant suppressor or chassis grounds): BONDING DISTANCE MATERIAL ---------------------------- ------------ o - 10 feet 10- 25 feet 25- 50 feet Over 50 feet #6 AWG Bare Copper (Solid) 1-1/2" Copper Strip 26ga. Min. 3" Copper Strip 26ga. Min. 6" Copper Strip 26ga. Min. Care shall be exercised to avoid connection of incidental grounds to the bonding bus system. D. Where terminal cabinets are used to house surge suppressors, painted steel backboards shall be used to serve as a low impedance ground plane for bonding surge suppressor leads together. Terminal boards used for the same purpose shall be laminated with a single sheet of 14 ga. galvanized steel to serve as a ground plane for suppressors. Suppressors with ground terminals not inherently bonded to the ground plane through their mounting shall be bonded to this plane using a two-inch maximum length of #12AWG copper wire and suitable lug. Ground planes and backboards shall be drilled to accept self tapping screws, any paint in the area of the bond shall be removed and star washers shall be used. E. Supplementary grounding and bonding connections required between the bonding bus or ground plane for each equipment cluster and other locations as indicated herein shall be accomplished using #6 AWG bare copper conductor and approved connections unless otherwise noted. END OF SECTION December 7, 2004 16709-10 Collier County Utilities MPS VFD/A TS Replacement 16Cl1. EXHIBIT K PERMITS WS-CA-K-1 16Cl1. EXHIBIT l PLANS AND SPECIFICATIONS PREPARED BY RKS Consultina Enaineers. Inc. AND IDENTIFIED AS FOllOWS: Wastewater Collections Master Pump Station Facility Rehabilitation AS SHOWN ON SHEETS: Cover Paae and E1 throuah E20 WS-CA-L-1 .'~"-"-"-'._,".._- ORIGINAL DOCUMENTS CHECKLIST & ROUTING suI. 6 D 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attacb to original document. Original documents should be band delivered to the Board Office, The completed routing slip and original documents are to be forwarded to tbe Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. BarryWilliams Human Services BW 2/18/05 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information, An original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item,) Name of Primary Staff Barry Williams Phone Number 774-8442 Contact Agenda Date Item was 2/22/05 Agenda Item Number 16Dl Approved by the BCC Type of Document Agreement Number of Original 4 Attached Documents Attached Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be X signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's X Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the X document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's X signature and initials are reQuired. 5. In most cases (some contracts are an exception), the original document and this routing slip X should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! INSTRUCTIONS & CHECKLIST I: Forms! County Forms! BCC Fonns/ Original Documents Routing Slip WWS Original 9.03.04 16 Ill" MEMORANDUM Date: February 23, 2005 To: Barry Williams Human Services Director From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Agreement Number OAA203.05 between the Area Agency on Aging for Southwest Florida, Inc. (Senior Solutions) and the Collier County Board of County Commissioners Enclosed please four (4) copies of the document referenced above (Agenda Item #16Dl) as approved by the Board of County Commissioners on Tuesday, February 22, 2005. Kindly forward the documents to the appropriate party for a final signature. Upon execution of this agreement please return a fully executed copy of the document to the Minutes and Records Department. If you have any questions, please call me at 774-8406. Thank you. Enclosures (4) 16 D1 1212004 Agreement Number OAA203.05 STANDARD AGREEMENT LEAD AGENCY 16 D1 MEMORANDUM Date: February 23, 2005 Bani Williams ¡lI.Av Hurhan Services Director ~r AnøJennejohn, Deputy Clerk Minutes & Records Department To: From: Re: Agreement Number OAA203.05 between the Area Agency on Aging for Southwest Florida, Inc. (Senior Solutions) and the Collier County Board of County Commissioners Enclosed please four (4) copies of the document referenced above (Agenda Item #16Dl) as approved by the Board of County Commissioners on Tuesday, February 22, 2005. Kindly forward the documents to the appropriate party for a final signature. Upon execution of this agreement please return a fully executed copy of the document to the Minutes and Records Department. If you have any questions, please call me at 774-8406. Thank you. Enclosures (4) 16 01 12/2004 Agreement Number OAA203.05 Program Title Year Funding Source CFDA# Fund Amounts Older Americans Act 2005 U.S. Dept. Of Health and 93.044-045 and Human Services 93.052 Title IIIB Support Services 2005 U.S. Dept. Of Health and 93.044 Lead Agency Operations Human Services $50,802.00 Spending Authority $287,878.00 III C 1 Congregate Meals 2005 U. S. Dept. Of Health and 93.045 Lead Agency Operations Human Services $34,949.00 Spending Authority $198,043.00 Title III C2 Home Delivered Meals 2005 U.S. Dept. Of Health and 93.045 Lead Agency Operations Human Services $30,641.00 Spending Authority $173,632.00 Title III E Services 2005 U.S. Dept. Of Health and 93.052 Lead Agency Operations Human Services $11,729.00 Spending Authority $66,465.00 TOT AL FUNDS CONTAINED IN THIS $854,139.00 AGREEMENT: The Legal Service allocation for Collier County is $ 21.578.00. PSA I & R is $18.659.00. These allocations are included in the Title III-B spending authority allocation shown above. III. Recipient and Department Mutually Agree: A. Effective Date: 1. This agreement shall begin on January 1, 2005 or on the date the agreement has been signed by both parties, whichever is later. 2. This agreement shall end on December 31, 2005. B. Termination, Suspension, and/or Enforcement: The causes and remedies for termination or suspension of this agreement shall follow the same procedures as outlined in Section III.B. and Section III.e. of the Master Agreement. C. Recipient Responsibility: Notwithstanding the pass through language contained in Section I.S.1. of the Master Agreement, the recipient maintains responsibility for the performance of all subrecipients and vendors in accordance with all applicable federal regulations (Code of Federal Regulations (CFR) Title 45, Chapter XIII, Part 1321.25) and state laws. 2 16 D1 1212004 Agreement Number OAA203.05 D. Notice, Contact, and Payee Information: 1. The name, address, and telephone number of the grant manager(s) for the Agency for this agreement is: Leigh Wade, Executive Director Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Solutions of Southwest Florida 2285 First Street Fort Myers, Florida 33901 (239) 332-4233 / SC 748-6947 2. The name, address, and telephone number of the representative of the recipient responsible for administration of the program under this agreement is: Barry Williams Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8154 Fax (239) 774-3430 3. In the event different representatives are designated by either party after execution of this agreement, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this agreement. 4. The name (recipient name as shown on page 1 of this agreement) and mailing address of the official payee to whom the payment shall be made: Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 3 _~,~___~____"_~"'V_' _ 1212004 16 D 1 ~ Agreement Number OAA203.05 IN WITNESS THEREOF, the parties hereto have caused this 10 page agreement to be executed by their undersigned officials as duly authorized. ATTEST: "'.........."..; . I DWIG'~~:~~~~.$~~~ ,'~C~',,·t- " ~\ ...... ';f:~···... G (, It'.. . ,..... S By: Dep~j. Clè¡k '., IttlSt.· $~'a.twr. \l~ll:~:t , '" ,); . S .~; ~,...'.':)' ~.).. Approved as to form and legal sufficiency Az:2~~ COLLIER COUNTY HUMAN SERVICES BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By F!:!::e'~~i~~ Board of County Commissioners Date: December 31, 2004 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. D/B/A SENIOR SO UTIONS OF SOUTHWE FLORIDA By: Roger Bumg mer Board President Date: December 31, 2004 4 16 D1 1212004 Agreement Number OAA203.05 A TT ACHMENT I OLDER AMERICANS ACT PROGRAM I. STATEMENT OF PURPOSE The Older Americans Act (OAA) Program is a federal program that provides assistance to older persons and caregivers and is the only federal supportive services program directed solely toward improving the lives of older people. The program provides a framework for a partnership among the different levels of government and the public and private sectors with a common objective - improving the quality of life for all older Americans by helping them to remain independent and producti ve. To enhance the provision of services at the local level, the Department is charged with dividing the state into distinct planning and service areas (PSA's) and designating an Area Agency on Aging (AAA) for each of them. The AAA is responsible for designating a Lead Agency for each county within its PSA. The Lead Agency, the recipient, is responsible for assessing the needs of older persons within its respective county. The recipient fosters the development and implementation of comprehensive and coordinated systems to serve older individuals. Under current law, all service providers funded under part B of the Act must follow priorities established by the recipient and approved by the Agency for serving the elderly, providing assurances that preference will be given to those with the greatest economic and social need, with particular attention to low-income minority older individuals residing in rural areas. The Older Americans Act provides a framework for a partnership among the different levels of government and the public and private sectors with a common objective - improving the quality of life for all older Americans by helping them to remain independent and productive. II, SERVICES TO BE PROVIDED A. Services: The Agency's area plan for the calendar year 2005, and any revisions thereto approved by the Agency and located in the grant manager's file, are incorporated by reference in this agreement between the Agency and the recipient, and prescribe the services to be rendered by the recipient and prescribe the manner in which the recipient will meet the requirements of the Older Americans Act as amended in 2000. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the recipient's application for calendar year 2005, the Department of Elder Affairs Home and Community-Based Services Handbook dated 1/03, the Department of Elder Affairs National Family Caregiver Support Program Guidelines, and the Department of Health 5 16 D111: 1212004 Agreement Number OAA203.05 and Human Services, Office of Assistant Secretary, Administration on Aging, Program Instruction, AoA-PI-01-02. In the event the manual or guidelines are revised, such revision will automatically be incorporated into the agreement and the grant manager will send a copy to the recipient's contact person. The recipient agrees to perform the services of this agreement in accordance with all federal, state, and local laws, rules, regulations and policies that pertain to Older Americans Act funds. III. METHOD OF PAYMENT A, The method of payment in this agreement includes fixed rates for all services. The recipient must ensure all costs and fixed amounts include only those costs that are in accordance with all applicable state and federal statutes and regulations and are based on historical costs and audited historical costs when applicable. The recipient shall consolidate all requests for payment and all expenditure reports that support requests for payment from vendors and shall submit to the Agency on forms 106A, 105A and 106E. All sub-awards (agreements between the recipient and its sub-contractors who have been deemed by the recipient to be sub-recipients) are subject to those Federal cost principles applicable to the particular organization concerned. Thus, if a sub-award is to a governmental unit (other than a college, university or hospital), this Circular shall apply; if a sub-award is to a commercial organization, the cost principles applicable to commercial organizations shall apply; if a sub-award is to a college or university, Circular A-21 shall apply; if a sub-award is to a hospital, the cost principles used by the Federal awarding agency for awards to hospitals shall apply; if a sub-award is to some other non-profit organization, Circular A-122, "Cost Principles for Non-Profit Organizations," shall apply. B. The recipient shall maintain documentation to support payment requests that shall remain available upon request to the State Comptroller, the Department, the Agency or other authorized state and federal personnel. C. The recipient may request a monthly advance for administration and service costs for each of the first two months of the agreement period, based on immediate anticipated cash needs. Detailed documentation justifying cash needs for advances must be submitted with the signed agreement, approved by the Agency, and maintained in the grant manager's file. For-profit organizations cannot receive advance funds. All payment requests for the third through the twelfth months shall be based on the submission of monthly actual expenditure reports beginning with the first month of the agreement. The schedule for submission of invoices is A TT ACHMENT II to this agreement. Reconciliation and recouping of advances made under this agreement are to be completed by the time the final payment is made. All payments are subject to the availability of funds. 6 16 D1 "~ 12/2004 Agreement Number OAA203.05 D. A final receipt and expenditure report (closeout report) will be forwarded to the Agency within sixty (60) days after the agreement ends or is terminated. All monies that have been paid to the recipient and not used to retire outstanding obligations of the agreement being closed out must be refunded to the Agency along with the final receipt and expenditure report. E. Interest Earned on General Revenue and Federal Funds: Interest income earned on the advance of general revenue and federal funds must be separately identified and returned to the Agency together with the payment and expenditure reports. Advances on federal funds must be maintained in interest-bearing accounts in accordance with 45 CFR 74.22(k). F, Any payment due by the Agency under the terms of this agreement may be withheld pending the receipt and approval by the Agency of all financial and programmatic reports due from the recipient and any adjustments thereto, including any disallowance not resolved as outlined in Section LT. of the Master Agreement. G. The recipient agrees to implement the distribution of funds as detailed in the approved area plan and the Budget Summary, ATTACHMENT III to this agreement. Any changes in the amounts identified on the Budget Summary form require an agreement amendment. H. Financial Reports: The recipient agrees to provide an accurate, complete and current disclosure of the financial results of this agreement as follows: 1. To submit all requests for payment and expenditure reports according to the format, schedule and requirements specified in A TT ACHMENT I. 2. The completed manual units of service portions of the Older Americans Act Annual Report, if applicable, are due to the grant manager on the date established by the Agency. The Agency will obtain the remaining Report sections from the Consumer Information, Registration and Tracking System (CIRTS). IV. SPECIAL PROVISIONS A. Consumer Contributions and Co-payments for Services 1. The recipient assures compliance with Section 315 of the Older Americans Act as amended in 2000, in regard to consumer contributions. Subrecipients may charge co-payments to those persons able to pay part or all of the cost of services only for services not paid for with Older Americans Act funds. 7 16 D1 ; i 12/2004 Agreement Number OAA203.05 2. Voluntary contributions are not to be used for cost sharing or matching (see Title 45, Chapter XIII, Part 1321.25, CFR). 3. Accumulated voluntary contributions are to be used prior to requesting Federal reimbursement (see Title 45, Chapter XIII, Part 1321.25, CFR). 4. Voluntary contributions and related interest earned are program income and must be used to expand services. B. Match The recipient will assure, through a provision in their sub-grant agreement, a match requirement of at least 10 percent of the cost for all services funded through this agreement. The subrecipient's match will be made in the form of cash and/or in-kind resources. At the end of the agreement period, all Older Americans Act funds must be properly matched. C. Title III Funds The recipient assures compliance with Section 306 of the Older Americans Act Amendments as amended in 2000, that funds received under Title III will not be used to pay any part of a cost (including an administrative cost) incurred by the recipient to carry out an agreement or commercial relationship that is not carried out to implement Title III. D. Prioritization for Service Delivery The recipient shall develop and implement policies and procedures consistent with Older Americans Act targeting criteria. E. Service Cost Reports: The agency will require recipients to submit semi-annual service cost reports that reflect actual costs of providing each service by program. This report provides information for planning and negotiating unit rates. 8 12/2004 Report Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Legend: Note # 1: Note # 2: 16 01 Agreement Number OAA203.05 A TT ACHMENT II OLDER AMERICANS ACT PROGRAM AGREEMENT REPORT CALENDAR ADV ANCE BASIS AGREEMENT Based On January Advance* February Advance* January Expenditure Report February Expenditure Report March Expenditure Report April Expenditure Report May Expenditure Report June Expenditure Report July Expenditure Report August Expenditure Report September Expenditure Report October Expenditure Report November Expenditure Report/Jan. Adv. Recon.** December Expenditure Report/Feb. Adv. Recon.** Final Expenditure and Request for Payment Report Closeout Report Submit to Department On This Date January 1 January 1 February 10 March 10 April 10 May 10 June 10 J ul Y 10 August 10 September 10 October 10 November 10 December 10 January 10 February 10 March 1 Advance based on projected cash need. Submission of expenditure reports mayor may not generate a payment request. If final expenditure report reflects funds due back to the Department, payment is to accompany the report. Report #1 for Advance Basis Agreements cannot be submitted to the State Comptroller prior to January 1 or until the agreement with the Department has been executed and a copy sent to the Comptroller. Actual submission of the vouchers to the State Comptroller is dependent on the accuracy of the expenditure report. The last two months of the recipient's fiscal reports covering actual expenditures shall reflect an adjustment repaying advances for the first two months of the agreement, if advances have not been recouped. * ** 9 16 D 1:11 12/2004 Agreement Number OAA203.05 A TT ACHMENT III OLDER AMERICANS ACT PROGRAM BUDGET SUMMARY RECIPIENT: Collier County Board of County Commissioners Services Total Cost Reimbursement Rate Collier County Case Aide $20.68 $18.61 Case Management $44.55 $40.10 Screening & Assessment $28.68 $25.81 Transportation - Group Cost Reimbursement Intake $25.43 $22.89 10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only.!!tW: the Board has taken action on the item.) ROUTING SLIP °2 Complete routing lines #1 through #4 as appropriate for additional signatures, dates. and/or information needed, If the document is already complete with the exce tion of the Chainnan's si ature, draw a line throu h routin lines #1 throu #4, com lete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order) ~-'-;¡ h-/»6>:[ 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number Agenda Item Number /6vÄ Number of Original Documents Attached 2- 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be sign~d by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the ,final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be w e 0 eadlines! The-document W-8.S-8.pp~ovedbytheBCCon ..(enterdate) and all changes made during the meeting have been incorpor ed i the attached document. The Coun Attorne's Office has reviewed the chan es, if a licable. N/A (Not A licable) Yes (Initial) 2. 3. 4. 5. 6. I: Forms! County Fonns/ BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16 D2 MEMORANDUM Date: March 3,2005 To: Amanda Townsend Operations Coordinator Parks & Rec. Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Agreement No. 04-0804 Summer Food Service Program for Children Agreement Enclosed please find two (2) original documents as referenced above, (Agenda Item #16D2), which was approved by the Board of County Commissioners on Tuesday, February 22, 2005. Please forward these to the appropriate parties for the required signatures, and after processing, please return one fully executed ori2:inal document to the Minutes & Records Department to be kept for public record. If you have any questions, please call me at 774-8406. Thank you. Enclosures (2) ""_',.. ..._.,_..____""_____""'"._,"'."..~."..____.~_.m_._'.....,___,'_>·___w_~,_.._'~' enm "en enm "1J.... 'co 2}(X en c 3: 3: m ;;0 " 0 0 0 en m ~ Ô 6 g m 0 c:: "1J 0 :;) ;;0 m c: 0 "1J ~ C> III g ~ rc ID ;;0 3: ID " (¡¡ 0 g, iiI ;;0 f\) ~ (") I ¡= 0 ;;0 m z » C> ;;0 m m 3: m z -i !" !1' :Þ- õã1g.Q~vrQ)C/) g.~jä:e!. !i ~ ~ ~ š:g~3 : saRI ~~~~'~i~i ~IIIQlg 5' 32:'" is a:g ø 5' ëi (1)~. 3ga(1)co!!!.!f§' !l~~J ~ g i~ ~ s;¡ !!!.;; ¡§' ~ 0 ~ 9'-::>3"'~- ~"'CtD ~-< (þ §I [õ ~a.ër a (þ c: Q) ¡,¡c:~"'3s;¡= ;- s;¡ ~i' ~ ~ ë. ~ §1~¡ ~ ~'l~ 30~0 ê, ª g¡~ () -" ~ 2. 0. ;¡: £ ¡a. 3 ~:S ~ g ~" 5.~¡g,,~""CD3;¡ QI '" '" ê6 :11 (1) ¡¡¡ itl ~ Q, QI §f W ~ -. ,!!!. 3 à."" 3 III '" 0 ~~ ~ ¡;: ~ -¡¡¡ S·å"'i.... ~ ~11)~~~ '" i -. ::> ~ 8 ::>,~ ~ ii!$.-,~ ~ 3m::ltb ~ ~@~~ 3 !!!'S.8 =r m o.i~ ~ $ I£~!t ¡ t.g;- "" 5 ·fh:]() '" 0. "T ~ ~¡¡¡g: ~ ã: ~~¡ ~ ~ ~ §'5 ~ 16 D2 ». 0 ):om- (J~" - » ::>'00.::> "oaZ rc 9''' c: 0 0 Wco (J .... ~ '"'-i:Þ- ~ !'> ~~~:;! <1I£gg. ii:!"¡¡¡~ m 61i o.glll (J""õ'~ Q-I3e 3 -00...."T~(Jo8(J '-I -iQlS'Qlaos:g::l5'~50 ID ~ "T æ; ~ Q ¡¡¡ III i QlQI"": ~ 1J i i:g ~ QI m 5' :r <11 ~ :::! a ~~~ê-~ ~li 2!!! g,c8:§:g ~~g ~~ ~ ~ ~ ~ ~ õ'~ª ~ g¡ 8~ ~ == 01" 5' cs 0 a()5. 8 c. 3 ¡¡¡ 0 õ ~!I! III ::E -i 3 QI ::>' c: m 0. ~ 3 ~ o.!fre - ;r. ~ QI ~3?J il~: 3 ?: t: 0 ?: § !!ì:??: § 5 g. 0.3::> §f;S:: ê: ~ ~ f6- -!!J -::; CT ."! 3"QI ~ is' ~ s¡ 5 Ii :ã ~' QI ~ {g QI ~ ~-g QI Õ 0 ::> III QI ~ g i ~ - ð' 0.;; ~ re;;,m8. 3~~ i:f. 3""è)~;~ðOlõg§;1iJ~,¡j~-i (Jg-!ii 5:~~ Q "" 9' 0. ê g::l, d S're ã: ii ~ ::> ~ 3 5 ~1iJ III ::> i i 9' <; &I' ð I::> ~ -g QI s: 3 'f" ;¡ 11) m 9' '" rB ;¡! :!!: 9' '" Q - -, ~ - 5' ¡¡¡ .i? - ¡¡¡ III 3 ¡;¡ 2:;0 '"' (j) ~ -a Co> g- g ~ å5' 0 [0 ~ ª' ¡fi III :ã c¡¡ ~ :x ~. r. Z ¡¡ï "" 0 Z g- 9' m ¡;¡ III m (j)"T _ 0 ~ ::> i' i-8¡¡¡à: ëi~ tVê g:fii2°~:ã ¡¡¡:ã.5~¡¡¡¡¡¡~iii9;;q)~ "T!G0~ <D~o re!/!.::>IÐ1X 3 "'9'ài:;: QI"" -""Q --c: .is (J.QI ~1iI8 ::> ~ ~ 0 Iii g !G g g, g ~ ,å [ <Ii' õ ii' ~ 5 ii, 3 ~ ~. d ~ ~ ~ Q, 8 ~ 'E, [ÿ1 '" ~ ~ ~~' §: ~ ¡ i 5 5' ~ il~. ~ ~ ~ ~ ¡ i ~ Þ!1 ~ if :.... ~ m QI!Gif3 g~",~;;: "~OI;=fñ ~gg ~Ø"T85 ¡j~ gª,~g> ~~= '" ~ 3 m c: ~ '" c: -. 5' -;;¡ ~ - (1) ?i < ::> i 3 ::E '"' :T i 3 ~ iii ::> iii 6''' III -8 -8" ::> CD ~ ::> 3 0. g. QI <11 01 3 (J ¡¡;. ;¡ m !G ~ !t; ~ i~, i" ii: ~ 3 ~ ~ 3 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 3 8 II! iii ". ¡;¡: Qlg a ~ ~~. ñ' ~ Q.. i a 9' i !f ~, ::> <õ~!!!!i 3; ~"T1 "1' ~ m -:;:5- c:::> ::> ~"''''~ õ'CD 3£0 5.c: a.()- ëi~3 ~:T<1I3 to Q):' QJ 0.., en 0 ::;:, Q)::J [QI QI -, "":To ::> III"" <; _3" -QlIII 1J.., ""0.1Q1::> (J re "T~<1I 0'Ji!¡£::>(J::> 0. '~"/Ii 3 0 3 a 0'" 0. ~::> -,:T:s.~ Sill", 38 i<ca", mmii: m:re~ ¡¡~ 5-~ 9! ;- ¡¡¡~8.9'Iii~g.~::> õ'¡¡¡3<1i'8 iiiiiiS¡ iii:Tã13Q1 Q,!!!.QI!'liër ();!!(JE; "111",11) 8 o.ct tV 0.::> . III . 01" Iif "'0.",<11 111- III, - c:r;¡:¡ !I; ~ _ ~ Q. 01 01 ¡g ~ ¡¡¡ ~ ~'>! ;=2: õ' 9''8 1J a ~. g ;!. ~'< is ;r CD 16 0 en Q. .., - 0 0 CÐ - <D =' a -. 0 . ~ëi~c: cs-'¡¡¡ -< g¡¡¡3ö~; .g- ê6 (Ja.... 9' ,,,,co "'CD~. "';¡:¡ëi¡§' -~&1;:;:~ :¡=ã> iJi!2. ã;~ 0. c: ¡j¡(Js¡¡¡¡ Ql1JOI ~.g"8ä1 ~~g- ~if ii~ . ~ !"2 ~ §~' g~~ ~c8;' "f::ï::>::> ::>_::>.. ::>. "" 3[ 3:g, '" 11100 000 <",co Ii tv - Co -g!it! a. <' c: c .... 0 CI) .., CD QI ~ ",3:g'" ~:g~ eM :S~CD æ æ"f 0. "T~ ,J<1IO p.3~ ~ 11) -~ 01 '" 3::>, ¡¡¡ _ c: a 'E. _ 'E. /Ii 5, ~ - QI ¡¡: ;r. "S¡ :s¡j!!J5.~~rB 3 ;~§. [i [if rB ;= !i3ã: ~~m ~~m~ ~iif ~ ~~'!i ~m ~~ ~ ~~ ~,~~ ~~~. 5.'D~~: ""ð ~ i.~ il;; ;=g. '"' 2ª. io.il "'!I~ [£~ifii: ~::> fñ 9' ¡¡¡,.,. ¡¡¡ ~ 1J~ i"~!! ~G)_ <~: 1£ s¡~ iif il§Ö ! ! ,8<: ~æ§: ;;~,i CD:w~_ c:!:o r+ (t) C» Q:I m õJ~ .....~w <D~~ il"'3õ' 3- ",,;!~ g: '" . 3- mQlo tV cD '" m. ~ ~ :x ~ ~QI ii.,g å5' .ä' !f õ' i g.~ ~ Ë~ W ª 01 _ III -, c.", 3 ~ ~ ~ '" ~ ~ '" ¡¡¡ 01 !R 5' 3001::> c: c:"" a. 0. '0 00 ;:;:;:¡. -10 lII~iii"" 5·g fñ 3g a 0 æ;::> !.;;3 -~o 3 -. 5 0 re g "" ¡¡¡ <0 '< ~ ii: æ :g ¡¡;'::> ~ 0 8 - ~ ~ ~ ~ il'9- ~ if s¡ ~ if ~? 5' [if :i : 3 if !'J ~ !'> ~ !=J i~i cÕ'~ ~ [if~z~ = (J ::> ¡¡" g 11) tV zr. 5. QI "1J1Ð 9'liimg: ::>mQ Q.-'r,::t ëñ::;)cn(þ!CC~œ a~::S QI£o -:T '0 CD ':;-" en fIJ õ1;]. OJ g Õ ~ 3~S- ~à'~ ~~WJ"Cco 8.0.9' ~ 3 ~ 5S.õª 2: Æïg¡¡;' ¡¡¡ iff!l.!(! ~¡;¡ ",,'" 0.(1)> 0 lIIiã)=-'<<1Im o ~<£'¡ ::> 0 ,... g ~. ~ c: ;; (1)! if{g. 'E' '" '" ~ ¡¡¡ fir:; QJI»9:~C:::C:-::1 ::>õ'ig5.D.-g.III¡¡¡ 13 a ¡¡¡III !!!.iI¡¡¡~:. _.~§ ::;t;a.~~Q)8õ'i ::0 !f a. Q, -iå5' õ' ~ a ¡:¡ '" ~(Jif ifi"!B¡:¡~!"~g ~[i-8~"'~~~ag '<(liS' ::JÕ:- enS-Dol ~-::: ~ ::;) - sa. ~ êø -tCO ¡¡¡ (J ~ ~ 0 0 "'" ::> _.;¡:¡ .., æ . """cS =r.tJa.äf~ 9'1JS' '0 "'IIIQI !~[ ¡g¡~1§;~ '<~~ (l)i~¡3.~3 S :T 0' ::E '< ::> ::> '" 1iJ " ¡cg:::> ð~~!ig¡3¡¡: ::>",8 !£!!!.-i»~""g- =: ãf ~ !!. êð ~<g. ã. Q) Jt ::1=-- tc O(DC !!i':a5 ::>QlI::5.0.9'3 æ ID 0. ~ ~. ~ Ë 5 g, ~. rB§g tVf&ii!~¡¡¡~§I. Ocn CIJ~::J."CD:;' g ~ if ~ £ ~. ~ i ~ ~ 9's.):o mQ~Qls'~!;! 'D '0 ~ ~ -. ::> go. QlQI'g, (1)5.0. i!" ¡ili! [~~'Ë~~QI ;:¡. g' ¡ 0 s: ¡¡¡' ::> à. iQ, 0I'8::>g-~~", ¡¡¡9'õ' tV~if::>àS-§. 9¡¡;'~ QI~ (J!,ê-ê, ~ QI :i õ"~ ~ 9' ::>, - if B: [ ::> :s j¡' ~~ ~ 3'&1 NQ,~-<1IO;:¡' <11"" ~QI:'g}S3'" F-g 6"~fï~~~~ Ç') Q) i 'C 0 m a ::;, õ"c Q) -i Dr ~ trtC "C O.þ. -i -. .. ~,' ~ "'::>C:<1I::>Qo a~:T,... <1IaC:"TIV;:r.þ. Co> " ~ <:I o.lii-2i'" ùS 3 c:" -,¡¡;' III ~ c: ¡;¡ ;oelll' , 8 - :¡: ;:¡. 3' ::> S·.!ß ~ f& QI QI <' "" 5. ¡¡¡ 1J i:n (J;¡: -:T" _ 01 ;s:: ~ Q, m 3 '0 E: !!!. .... "< õ! ~ ~ m fñ '" a Q) M ~ !!!, s¡ (II I'D Q Q !!!. .... <1IaoQ~OIIDC: 3-00 ;:¡..:;¡; -<::>'Qlè)::I sr9'a<::>:s <11::>' ¡¡¡ III !l""....5_~~~, i<1l8.c: c: ~ ~~<11' !1!Q,y¡¡¡¡o.reõ! QlI1)O¡¡¡~01 ~::> ::> 0.::>::> ¡¡; 1£ '0 :;! 3 ~ i - ã ¡¡¡ iii ~ ª- ~ £ ¡".... i g. ã! !2. Q, "" fñ ê: Ša¡¡;'~i¡¡¡~!g::>-, ;¡:¡""i" 0 ¡;¡ä: :g!'è9'Q~- ~ . i1!. 5' fñ -g """ :x fii '" Iii ¡¡¡ 0 ª- »J!! ~ a ã! S; ~ ã! ~ 0. ~ 0. 15' ~ g () - QI <g. ::> ::> i 0 ~ ìIí !(! "'::> Õ CD 3 § 0. III <11 :; c: 3 g - ~ 5'::> <Ii ~D. :' QI f.iS 8 0 ::> tV di -. QI S'~ 0 0. Ii ~. Q o'E c.::> !!!. ::> à. .;....;¡::> Q, ~ QI~' ¡:¡ ""'''''' .... mill::> .. ... d - -. QI ¡¡" ~ QI è6 !!!, 01 <" ø q a c: ;;;' ~ ¡;r - -''0 ¡a ::> VI () õ' ~ - ::> '" IÐ ::> CD GI '" ¡¡¡ iii' ~ &1 ~ ~. ãí ;; 5- !l ::> g -< y¡, '" ::> ¡;¡ ~ a. ~:;: ~. p. ~ ~" IÐ g¡ a g}", 9' ~ Q ¡¡¡ ';<; III::> 5 ¡a. §.!!!..;¡:¡ c.. ~ êl:T ~ ~ ~ <11 (1) ¡¡¡ ~ Q QI ar .... 5 :s !!l"f Q, ~ <11 ::>~. o. <õ Iii ;¡ "" ¡¡: 51 i g tV i, 8 ¡¡¡ 01 ~, !r ~ a !!!. 5' ëi -!1! ¡f Ii! ¡.¡. 'ª. ~ g..is ~. 3 '" ¡¡¡ I'D ~. §. a ::>::> '" aI III <11 ¡r", i~ö.I ~ã'~_::> ",,<11 5'=m ¡¡¡ 8 (1)::Ere '" ~'<i~;-ª-8: ~g.~~ g ~3 51£ ~i~ B iii j¡ri}5.~ 5Q, 1'D(C""~0 -- (1)<;0.)(' i:¡OI C5. Q,-""QI õ' i ¡¡¡ ~ ~ ~ S!. 2' ~ 2: ¡¡¡ ¡¡¡',9¡ 5 ~ ¡} ¥' tV ~ i- "" QI ¡¡¡ ~ 5' ~ 3 Õ a :T1iJ it à. QI '" 0 !:í. is ~;o -, !, 8 ~ = i'Ii iR " c8 !!! i~ ei~ g:~~ jI! 5. 81 §,~ ãi ""013 s:~ : !fi~~c8 ¡¡¡ ~-g ;., QI g. ¡¡;' Q - ¡¡¡,!f i g ê: E!: ~ ~ ~;¡ §. tV !It ~ ~ ~ 01 fi ~ ~. g¡ tV ~ ~ ~ if ä1 ~ g g¡ !i .þ. III ~ "., §T. ¡ œ 01 i g:¡¡¡::>liiœê-i'lioc: ::>r.c:gg:....~S ii1~",,¡¡¡~ iif", 'í5 ::> - !2 2' " ~ -g .. QI à.~ ¡¡¡ !!! _ 0 C5. - 3 = ª- gCD3j¡më.3~2:i à.~O'"-o.i- iO:~g £Q,~<1I¡ß!f~;';1II iQlCDð8~if 'ð~à.~~ ID ª'" ~o ~cZf5.!!1 tV~~"....c: Q à.g.'O 0 à. ?i ~ s¡ 5. ~ /Ii 9' i 0 a" ë 1iJ QI Iif S. =I' ~ Iif !!l CD ~. 0 <11 2'" ~ III ::>;; '< c8 0. ~ 5. g- :;; ëi i £ ~ :: o.QI g0.3 c: '" '" E!:g ~''''~::> "T::>å5' ",,'<' J!Þ;r. ~::>III ¡¡;'';:¡IIIOIËiií CD"" Z"':T "',,(J....'" _O'~õ;r.õ~œm~ 03ã'~ooQ,fñ mI'D~!lQl ~ ~ § ~.5 $ ~ ~ .. ~. ! Q 3 i E!: if ~ ~ ~, :T ~ æ - :T q ëi 0 Q, o.re c: QI i ª.... Ii> - ¡¡¡ - CD ~' I:: ~" iG g¡ ~ m ~ ~ ~ ~ a §f ~. f? Q, ~ ~ 8 g ~ ¡¡¡ ¡¡¡. ~ c8 <,~' g ~ ~ QI ¡¡¡ ~.g. ¡;: :x -g <ô ~,j¡ i} 0 ~ glii ii!¡;¡""-0S¡::> <;-",Qlo.;:¡.~ 8.'S."'ife g:g g:3 ",rB 8 ""a.: ¡¡¡ '" g-(JS¡ ~íJ QI i¡¡¡~'8 (fíCD::rDJÕi¡¡~g= ;~:.ic!ac: ør=~::J tVõ'g¡:g9''''if~ê:i'''' ~g:?mc:Q,~ g::;;g~! ~~QI~III~¡¡¡io ¿ iilif» reQltV~C: 11"0 rn w m D. _::J 3" c; c!:co (; Q) C 6t N (þ rD s¡ 0 a Q. 'E. õ'1iJ 0 - ~ ëi i = g ;'::E '" g, -. ~ !!l "g.::> 'D~::>3"""" "'::>- "'I:: ;¡:¡ ã: 3 §[QI 11)~~r'"'Q ¡¡;.ari -.'8 ¡;¡'g ¡¡;'E'~ .is å:o.~~ õ,!G Q, r 0 QI '" i ~ Q)::> 0. ~ tV g: 5. _. õ' 0 (1) ii: s¡ ~iQ 5,¡;;g'ª-§t ~g ilifë.-::;¡!" ~.g; ~~ !" !» ;s:: ;¡::x: ß S;S:: CD (J QI QI QI< _ ~ eæ. !!. c: ~ ~ I'D [" õ'::> ~[ s's'ß ~~~~~~ g QI '" ",0. gs, ë.e!. = š' fA c.c: CD 0'3 ¡;; QI 0 g!ß -c. ~ '" '" 0.:;J 01 "ëi~Q' o fa_· ii!' -5' 9'", ëi~ g3 3 ~ ~OI ~5 oCi i!i ¡.~~ OI~ {g3' CD::s Ut!:fOol:g(þ mo- i Q ::> ëi~ ::::., g~ g- ~ i 0.0 ~ tV ~ ~ ~ ~ '" .g ¡¡¡ œi .~ jg .....-I»a.à:cniJ - !!!'~-<3o::i§t"" 0 lÐìilõ'<1IIIIIIIO ::> <éi"'::J~D).? m ¡¡;. 3 '" -~ - ::> "" 5 '" c.!!! '" g¡::I. 3 ~- 0. QI ::> QI :;,-0«0 '< :« ~i~ ii~. S. :¡. '0 l'Di ~ j¡ ~ [ !!!. !!! Q, _arB c..... ::> ~!!! ~ ~ 8 OI§ i 0. 2: 5. po o~ [!!?" i.t {g $, ~ g' a £ ~ ~ 5' ~ ~ ~?~ ! ~ ~ ~ g ;0 3 QI ~ ~ à. .~ §. [ III Q '" 3 QI '" i i 9' ~ à. QI a '" 5' o (X) o ~ :" en c: 3: 3: m ;;0 " o o o (J "T ~ gJ Q~~ < ~-o 6 ?Z~» m o~~ "1J Z01J ;;0 e"T~ o ;rl(J~ c> -e;s:: ;;0 ~1Jm » ~~~ ~ ;¡:~o o ~~~ ;;0 ):0;00 (") G) < e I ~ë)0 ¡= mm:!:i o ~(Jõ ~ Z z » c> ;;0 m m 3: m z - õ' 3 ~ t ~ I a '" 9' <11 o III '&1 ~ 3 CD ¡;¡, 5' QI § a QI ::> ¡¡¡ ~ " a [ c: ¡;¡ '" --'-õ !'?~gCl> Q)C)c:_ a;=o", - ~~~ -g=~~ cao_u Q) "- '- Q) - Q) o:a:: !9 8-1:: Q) en"-roQ) CI> ~ 0.= :ë._ Q) '- r¡.c=~ ~gcro 2:8°;: OJ .c ..::- '" ~:'E~ "00", c: (f.)::: "- :] a .~..g "C D~.s= "C :J (/) f- CI> ~i!E~ ~ - '" ~sŠ'~ .2 ~ a. ~ B .~ i! ª Q)O-!'9 :3 ~ E 'Ë 5.~.g~ C) c "C 0 .!: ~ ~ '" ~Q)~.~ .Ë=~ ! ~05Q) § -t ~ D 1:5 ~~ r¡ ;~§:8: (,) ro ('Ci ro ~ ~'ê Q) 'E CI> E ,= ~ !9~~~:g ~~~õEñ E~i!~-:; 'Eê5'Ëc5 ~ :g 'Ë~ õ t .;: :a 'Cõ 5 ~~.~~t1 ~ .s c:~ .... .S: CI> 2.Q'iij § ~~~~.J!I o .5-g£~~ -'" "'E :ŠëE5æ EQ)ea.a. ~~:;~t!5 g> ~.ª ~ ð:i 0; <;( ~ :J .~ .2 .~ 1ñ en (J) :'J £ e: E e: E e: .- !'? g¡ ~.- "E Q).D .ccnøe Ö~:E~! "'ECI>-.c 8. ~ a..5 U) U) .§. ..ê -ê g CD ~ Õ ~~ .c u -E"O== -g~æ.g2: '" 0> '" "E~§-g:g CI> o>~ : :J! -ê~""5:S"tJ cuwCJ_c OowQ)3ca ~ Ea::.g '" ø ¡;¡~~,ª =c~õ~ >-8..(1)_= .ccn~ffi2: £IDoE", ~:5Q)tëã C c: "8 ~:J æOOC1>ê - a", "Oe:CI> ~ &= ~ à5 Q):áõ§~ e:e: (/)E !!!8¡q"O'§ E CI> '" ,-ê '" .Qt::cw >-- ra::) > ~] a. ID l1! - (5 .S :5 _ ffi~à3o£ Effi~cc: ~ a:: :5 aJE .2 -¡¡j C» . 0 ü > «.~35~~K .en :- 0 <V .t: a. ~ ~ :5 0 .=. ro uj 'E aJ E 1:: '" a. ø a..... ID e: =~ >'aJ .a!? ID :J "0.0 "'E ~'ê e: ~ °oE :~,ê CI>", "01; 'õ~ ;: ° ø '" '> 5 !!!o. "'(/) -ID "'.c aJ- :0 ~ 0-0 i!!E ° !'? -0> Ee 0>0. 'e: ~£ - '"0 "'1IIe: =Bro !(~ <5 ~(/) ~ 'e: ° o.e:o. \--2(1) 0:s ..: .2::1 ~ :ëZE 5.-g~ ¡mOo ='8t!5 ~.9 aJ ;: - = ~~~ en ~o-5 8.-"0:<: o>e:", (/) e: "'"5 +:1-0) Q)cucø :6-aJ... "O!!!EaJ i!~:5 - .a 0).5 55"5<;(€ E·g.!:!2 0 -e C).J:: .... m<'::â3 Q.- 0 (I) G>°'t:cn ~'E~§ ..cQ)roQ) ~~ø;:; Q)(1:J"CC; Q)Q.coca ~ CI> E III E~!!!g <I.) ro._ "0_ -"0 æ s a; :5 >.(/).c 0 .c"CoQ) "CS~£ 3!ë: "'õ \;;.:JLÓ_ ~~~~ "C_"-.Q æÕ~-8 "0111 E._ 8e::o.o o e: '" i!!~e:,g ~~~~ §~"3: III 0> CI> =~&~ -e: 0,_ ~ ~ 00 III'" e: e: 00 0.0. (/)'" ø '" =õ § :5 O~ -", e: a. :.= 'iJ ]!:e III~ 'E aJ ø.c E::; 1::0 "'~ g.", O.c ~¿ f-;: :i C¡)U)(J-g~~:€ =:5=",-_;: -g;S~~õ'õ ~ ~aS~~ãæ ~ u .~ ~ ~ ~ E :J -g '0 '" ~._ 8 e~Æ.!,2:õg:¡¡ i! E ~ ã 0 ~ .!: ~øoOJCI> . "'-o=='ã~ o.~ ~.;: _ :J_ ....-:;:>ucoëã ~m~E~......c -~cHca.2U) ·¡¡-Q)t:S-m...,.. õ8j¡",o;J5i§¡ "t::~Õ.5~~_ [.~ ~ ~ ~ ~ Õ ø > > Õ =~2~~-E<;( :5'~E=,g 8I! ~~~5i..:eo> :<:~52>Ee:.cæ o~~t::Q)u e:~o.",E:J= e: OJ () a. 3! 111.2: ~~=~s,~u '~.J!IO>aJ<;("'Ei! .~ .5.c (/) _ ~ ~ ~;'5 2 Õ ~E>.c_"C_ 11)5 g, 'E ° :¡¡ > ~ëtJ)~sCl)~ e:ø:5aJ:<:'Et= &.E""",!,?o :J Q) co C1'ã, u.c à5 ~ ~< 1¡j !!!] êú~~:.Ë .....5 m ~ .5 .5!? <D - 0 !9 g 0 E :; :; Õ § ~ .~ .~ .J!I.J!Iõ:5~-gã.~ Q)ê"'O+:c:ro~Q) ":Ë æ ~ ¡~ .5 g ~ Ë ~ 1: '§ 2 ~ g æ - :>. (J.ß? 0 (~ "- (/) ~~g~ZEoE~ ~ë~«~.9ëQ) ~ ~ ~ c5 .Q 25 ~ ~ ~ æ·!!! ê ~ ~ ~ ~ en a..£ 0 Q) & Q) a.. ~8õcð"æU)<{ro u.: ..J ~ o ~ a.. a.. « o z « z o ¡:: « () ü: ¡:: Ir W () z o ~ () :::> o w u. o I- Z W ~ I- ~ êf w o « o ëi:: o ..J U. >- () Z W (!) « (!) z ëi:: o en z o a.. en >. .c ~ e a. ~ .... S ¡ "0 c: Q) E E o o Q) ~ -g .5 tV~ Q)ij¡ .5~ ,!!! ~ .!!3E ~§ ,ê'Ë o E ~.E tV c: .!!3;: '- 0 "01 15,5 §=§ Sf .!!!~ =.... CO o C . ¡g.šì ( :!::~.a o EQ),¡g .cenen ~ ~~ CQ)Q) g.12i~ tV E ð EQ)Q) ~~1ñ .- Q)'" Q):9~ :5ã;_ ¡¡¡~~ ="'= en :5 8: ~~C'O :e~Q¡ B",-g Q) E ::J :; m § 16-;; at ~ '- Q) Q) en t:: 2 ~ 8 a. .?:- c: :J o () +J C >.0 +J .r-! C+J ::I IU o ~ Uu ,..¡ <V <V~ .r-! r-I'8 'dIU u ~ IU c.. ð en c: R en åi ¡¡¡ o Ö I- ë Q) E Q) 01 '" c: '" ~ c: o =E 'S z " c: '" 8 u. ë Q) E Q) ~ 01 « Õ åi ¡¡¡ o ~ :¡:¡ .s c: Q) en ~ a. Q) Ir " J!! III c: CI Iii Q) o >. CD " ~ e a. a. « åi ¡¡¡ o .... o c: ,2 B ::J " W Õ L- Q) c: o Iii en 'Ë § u 16 D2 N Õ N 'C: Q) CI 0 ~ ~ III W .c 0 ûí 0 :J E en .~ >- !.. \ £: ::--0,- c: éd G: ,..;;, Qð ; " '~ ':~ COM mU, ......0.. Wen enu. wen 16El DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE As of February 1, 2006 16E4 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE As of February 1, 2006 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIt 6 F 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order) 1. Board of County Commissioners 5. Sue Filson, Executive Manager PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive sl1mmary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original docwnents needing Ihe Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item) Name of Primary Staff Phone Number Contact DARCY WALDRON 774-8000 Agenda Date Item was Agenda Item Number Approved bv the BCC 2-22-05 16.F.I Type of Document Number of Original Attached GRANT AGREEMENT ARTICLES Documents Attached I Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from DW contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board DW 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final negotiated contract date whichever is applicable. DW 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. DW 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! DW INSTRUCTIONS & CHECKLIST I: Forms/ eOl1nty Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04 16 fl MEMORANDUM Date: February 24, 2005 To: Darcy Waldron Emergency Management From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: A Grant Award and Agreement Articles for Assistance to the Firefighter's Grant Program for the Isles' of Capri Fire Rescue District Enclosed please find one (1) copy of the document referenced above (Agenda Item #16F1) as approved by the Board of County Commissioners on Tuesday, February 22, 2005. If you have any questions, please call me at 774-8406. Thank you. Enclosure (1) '~M"~"_______"" Panel Review '?Q~4~ ~ ~ iWi (oiND S~c.; Page 4 of8 Agreement Articles ,/; 6:"- f' 1 2.," U.S. Department of Homeland Security Washington, D.C. 20531 AGREEMENT ARTICLES ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM - Firefighting Vehicle program PROGRAM: Firefighting Vehicle GRANTEE: Isles of Capri Fire Rescue AGREEMENT NUMBER: EMW-2004-FG-02525 AMENDMENT NUMBER: Article I Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article XII Article I - Project Description TABLE OF CONTENTS Project Description Grantee Concu rrence Period of Performance Amount Awarded Requests for Advances or Reimbursements Budget Changes Financial Reporting Performance Reports DHS Officials Other Terms and Conditions General Provisions Audit Requirements The grantee shall perform the work described in the approved grant application's Program Narrative. That narrative is made a part of these grant agreement articles by reference. The purpose of the Assistance to Firefighters Program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. After careful consideration, DHS has determined that the grantee's project, as detailed in submitted project narrative and budget information, submitted as part of the grantee's application (and considered part of this agreement by reference), was consistent with the program's purpose and worthy of award. As such, any material deviation from the approved program narrative must have prior written approval. Article II - Grantee Concurrence https:llportal.fema.gov/firegrant/jsp/fire _ adminlawards/spec/view _award -package.do?agre... 1/28/2005 " Panel Review Page 5 of8 16 F 1 By requesting and receiving Federal grant funds provided by this grant program, the grantee accepts and agrees to abide by the terms and conditions of the grant as set forth in this document and the documents identified below. All documents submitted as part of the application are made a part of this agreement by reference. Article 1\1 - Period of Performance The period of performance shall be from 21-JAN-05 to 20-JAN-06. The grant funds are available to the grantee for obligation only during the period of performance of the grant award. The grantee is not authorized to incur new obligations after the expiration date unless the grantee has requested, and DHS has approved, a new expiration date. The grantee has 90 days after period of performance to incur costs associated with closeout or to pay for obligations incurred during period of performance. Award expenditures are for the purposes detailed in the approved grant application only. The grantee cannot transfer funds or assets purchased with grant funds to other agencies or departments without prior written approval from DHS. Article IV - Amount Awarded The amount of the award is detailed on the Obligating Document for Award attached to these articles. Following are the budgeted estimates for object classes for this grant (including Federal share plus grantee match): Personnel $0.00 Fringe Benefits $0.00 Travel $0.00 Equipment $250,000.00 Supplies $0.00 Contractual $0.00 Construction $0.00 Other $0.00 Indirect Charges $0.00 Total $250,000.00 Article V - Requests for Advances or Reimbursements Grant payments under the Assistance to Firefighters Grant Program are made on an advance or reimbursable basis for immediate cash needs. When the grantee needs grant funds and has obtained a user account, the grantee fills out the on-line Request for Advance or Reimbursement. If the grantee has not obtained a user account, an account may be obtained by calling the help desk at 1-866-274-0960. Article VI - Budget Changes Generally, changes in the budget-line items are permitted, as long as the original program narrative is accomplished. The only exception to this provision is for grants where the Federal share is in excess of $100,000.00. In grants where the Federal share exceeds $100,000.00, the budgeted line items can be changed, but if the cumulative changes exceed ten (10) percent of the total budget, Changes must be pre-approved. Article VII - Financial Reporting The Request for Advance or Reimbursement mentioned above, will also be used for interim financial reporting purposes. At the end of the performance period, or upon completion of the grantee's program narrative, the grantee must complete, on-line, a final financial report that is required to close out the grant. The Financial Status Report, is due within 90 days after the end of the performance period. https://portaLfema.gov/firegrant/jsp/fire_adminl awards/ spec/view_award yackage.do ?agre... 1/28/2005 · Panel Review Page 6 of8 Article VIII - Peñormance Reports 16 Fl The grantee must submit a semi-annual and a final performance report to DHS. The final performance report should provide a short narrative on what the grantee accomplished with the grant funds and any benefits derived there from. The semi-annual report is due six months after the award date. Article IX - DHS Officials Program Officer: Tom Harrington, Deputy Chief of the Grants Program Office, is the Program Officer for this grant program. The Program Officer is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application. Grants Assistance Officer: Christine Torres, is the Assistance Officer for this grant program. The Assistance Officer is the Federal official responsible for negotiating, administering, and executing all grant business matters. Grants Management Branch POC: Pamela Greene is the point of contact for this grant award and shall be contacted for all financial and administrative grant business matters. If you have any questions regarding your grant please call 202-646-4397. Article X - Other Terms and Conditions Pre-award costs directly applicable to the awarded grant are allowable if approved in writing by the DHS Program Office. Article XI - General Provisions The following are hereby incorporated into this agreement by reference: 44 CFR, Emergency Management and Assistance Part 17 Nondiscrimination in Federally-Assisted Programs Uniform administrative requirements for grants and cooperative agreements to state and local governments Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-free Workplace (Grants) New Restrictions on Lobbying Part 7 Part 13 Part 18 31 CFR 205.6 Funding Techniques OMS Circular A-21 Cost Principles for Educational Institutions OMS Circular A-87 Cost Principles for State/local Governments, Indian tribes OMS Circular A-122 Cost Principles for Non-Profit Organizations OMS Circular A- 110 Uniform Administrative Requirements for Grants and Agreements With State and Local Governments Assistance to Firefighters Grant Application and Assurances contained therein. Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other NonProfit Organizations Assistance to Firefighters Grant Application and Assurances contained therein, OMS Circular A- 102 Article XII- Audit Requirements https://portal.fema.gov/firegrant/jsp/fire _ admin/awards/spec/view _award -package.do?agre... 1/28/2005 ,._·...._m.ø___--···· Panel Review Page 7 of 8 All grantees must follow the audit requirements of OMS Circular A-133, Audits of States, Local !v~mef 1 and Non-Profit Organizations. The main requirement of this OMS Circular is that grantees that expend $500,000.00 or more in Federal funds (from all Federal sources) must have a single audit performed in accordance with the circular. As a condition of receiving funding under this grant program, you must agree to maintain grant files and supporting documentation for three years upon the official closeout of your grant. You must also agree to make your grant files, books, and records available for an audit by DHS, the General Accounting Office (GAO), or their duly authorized representatives to assess the accomplishments of the grant program or to ensure compliance with any requirement of the grant program. Additional Requirements if applicable This grant award was reduced by $40000. The approved amount for the pumper is $250000 to $290000 as indicated in the initial application. The reduction has already has been made in the grant award and in the application as approved by the Asst. Chief McLaughin via email on 1/07/2005. The total project cost was reduced per the program office comments from $290000 to $250000. The federal share was reduced from $261000 to $225000. The applicants' share was reduced from $29000 to $25000. ~w.~ Ft\€là. W. Q.ó0e. \ ~hO:tí\m.o...1\ ~ '"::DPcte- ,'.,~s~ I.t / ,;!//n . ".,,' ." '. v.. A TIE 5T: ',.' ";::'~~,' . ·,NT~" ' , , ~" DWIGHT E./ 8..R~) \,\ERK ~.:, " ~l { \~:." :;c. ~C_ . \~.... I Attest .. s 1911atwr." Item # lkEL ~;~;da 2 -I'Z -{f5 Date î..--~.-re:- Rec'd CT £ ~ U-...:> .p.c https://portal.fema.gov/firegrant/jsp/fire _ admin/awards/spec/view _award --'package.do?agre... 1/28/2005 Panel Review 1a. AGREEMENT NO. EMW-2004-FG-02525 6. RECIPIENT NAME AND ADDRESS Isles of Capri Fire Rescue 175 Capri Blvd Naples Florida, 34113-8678 9. NAME OF RECIPIENT PROJECT OFFICER Alan Mclaughlin 11. EFFECTIVE DATE OF THIS ACTION 21-JAN-05 Page 8 of8 FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARD/AMENDMENT 16 Fl 2, AMENDMENT 3. RECIPIENT NO. NO. 59-6000558 o 7. ISSUING OFFICE AND ADDRESS ODP/Financial and Grants Management Division 500 C Street, SW., Room 350 Washington DC, 20472 POC: Pamela Greene 202-646-4397 4. TYPE OF 5. CONTROL NO. ACTION W397589N AWARD 8. PAYMENT OFFICE AND ADDRESS ODP/Financial Services Branch 500 C Street, S.w., Room 723 Washington DC, 20472 PHONE NO. 239-394-8770 10. NAME OF PROJECT COORDINATOR Tom Harrington PHONE NO. (202) 307-2790 12. METHOD OF PAYMENT SF-270 13. ASSISTANCE ARRANGEMENT Cost Sharing 14. PERFORMANCE PERIOD 6~om:21-JAN- To:20-JAN-06 Budget Period 6~om:01-0CT- To:30-SEP-05 PROGRAM NAME ACRONYM CFDA NO. 15. DESCRIPTION OF ACTION a. (Indicate funding data for awards or financial changes) AFG 97.044 ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMMULATIVE (AACS CODE) TOTAL AWARDED THIS TOTAL AWARD NON- XXXX-XXX-XXXXXX-XXXXX- AWARD ACTION FEDERAL XXXX-XXXX-X + OR (-) COMMITMENT 2005-62-0364RE-63000000- $0.00 $225,000.00 $225,000.00 $25,000.00 4101-R TOTALS $0.00 $225,000.00 $225,000.00 $25,000.00 b. To describe changes other than funding data or financial changes, attach schedule and check here. N/A 16 a. FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) Assistance to Firefighters Grant - Fire Prevention and Safety Program recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) N/A 18. FEMA SIGNATORY OFFICIAL (Name and Title) Pamela Greene DATE N/A DATE 19-JAN-05 Go Back I https://portal.fema.gov/firegrantljsp/fire_adminl awards/ spec/view_award -package .do ?agre... 1/28/2005 16F2 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE As of February 1, 2006 16F3 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE As of February 1, 2006 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL} 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE F4 f (Print on pink. paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order 1. 2. 5. Sue Filson, Executive Manager Board of County Commissioners 3. PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the execulive summary. Primary conlact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact stafffor additional or missing infonnation. All original documenls needing the Bee ehainnan's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Phone Number Contact DARCY WALDRON 774-8000 Agenda Date Item was Agenda Item Number Approved bv the BCC 2-22-05 16.FA Type of Document GRANT GENERAL Number of Original Attached TERMS & CONDITIONS Documents Attached 1 Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) l. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages trom DW contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board DW 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final negotiated contract date whichever is applicable. OW 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. DW 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BeC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! OW INSTRUCTIONS & CHECKLIST I: Fonns! eounty Forms! Bee Forms! Original Documents Routing Slip WWS Original9Æ.04 MEMORANDUM Date: February 24, 2005 To: Darcy Waldron Emergency Management From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: An EMS County Grant Award from the Florida Department of Health Enclosed please find one (1) copy of the document referenced above (Agenda Item #16F4) as approved by the Board of County Commissioners on Tuesday, February 22, 2005. The original document is being retained for public record. If you have any questions, please call me at 774-8406. Thank you. Enclosure (l) t 6 F 4 ,J "","'-<>- MEMORANDUM Date: February 24, 2005 To: Dan Bowman, Division Chief EMS From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: An Emergency Medical Services County Grant Award Enclosed please find one (1) copy of the original document as referenced above, (Agenda Item #16F4) approved by the Board of County Commissioners on Tuesday, February 22, 2005. The original document is being retained for public record. If you should have any questions, please feel free to contact me at 774-8406. Thank you. Enclosure (1) -r 6 F4 "..,..-.----.--.-- 16f4 ' GENERAL CONDITIONS AND REQUIREMENTS The EMS County grant general conditions and requirements are an integral part of the county grant agreement between the agency/organization (grantee) and the state of Florida, Department of Health (grantor or department). In the event of a conflict, the following requirements shall always be controlling: FINANCIAL FUND ACCOUNTING: All state EMS grant funds shall be deposited by the grantee in an account maintained by the grantee, and assigned an unique accounting code designator for all grant deposits and disbursements or expenditures thereof. All state EMS grant funds in the account maintained by the grantee shall be accounted for separately from all other grantee funds. USE OF COUNTY GRANT FUNDS: All state EMS grant funds shall be used between the beginning and ending dates of the grant solely for activities as outlined in the Notice of Grant Award letter, its attachments if any, and the application including its budget with its revisions, if any, on file in the state EMS office. The grantee is not restricted to staying within the line item amounts within the approved grant budget. However, the grantee must adhere to the approved total grant budget. Any expenditures beyond this budget are the full responsibility of the grantee. ROLLOVERS Any unencumbered EMS county grant program funds as of September 30, of each year, including interest, remaining in the assigned grantee account at the end of a grant period shall be reported to the department. The grantee will retain these funds in the EMS County Grant account and include them in a budget revision request after receipt of approval of their next county grant application. 8 16 F4 DISALLOWED EXPENDITURES No expenditures are allowable as grant costs unless they are clearly specified as a line item in the approved grant budget, including approved change requests, or are clearly included under an existing line item. Any disallowed EMS county grant expenditure shall be returned to the EMS county grant account maintained by the grantee within 40 days after the department's notification. The costs of disallowed items are the responsibility of the county. VEHICLES AND EQUIPMENT The grantee shall own all items, including vehicles and equipment purchased with the state EMS grant funds, unless otherwise described in the approved grant application. The grantee shall clearly document the assignment of equipment ownership and usage; and maintain these documents so they are available to the department. The owner of the vehicle shall be responsible for the proper insurance, licensing and, permitting and maintenance. All equipment purchased with grant funds shall continue to be used for pre-hospital EMS or the purpose for which it was purchased throughout its useful life. When any grant-funded equipment is no longer usable, it may be sold for scrap or disposed of in the customary procedure of the receiving agency. TRANSFER OF PROPERTY A private organization owning any equipment funded through the grant program in whole or in part and purchased that equipment to provide services for a municipality, county or other public agency ceasing operation within five years of the ending date of a grant awarded to the organization shall transfer the equipment or other items to the local agency. There shall be no cost to the recipient organization. This provision is applicable when services cease operating due to a contract ending- as well as any other reason. REQUESTS FOR CHANGE After a grant has been awarded, all requests for change shall be on DH Form 1684C EMS Grant Program Change Request, June 2002. The grantee shall obtain written approval from the department prior to making the requested changes. The following changes must be req uested: 1. Changes in the project activities. 2. Redistribution of the funds between entities or equipment approved. 3. Establishing a new line item in the budget. 4. Changing a salary rate more than 10%. SUPPLANTING FUNDS The applicant cannot propose to use grant funds to supplant or replace any county or other funding source. Funds received under the county award grant program cannot be used to fulfill the matching requirement for the matching grant program. 9 1 Ó F4f. DEPOSIT OF FUNDS County grant funds provided to an applicant shall be deposited in a separate account. All interest earned shall be documented on the required reports. REPORTS Each grantee shall submit two reports to the department. The due dates for the required reports shall be specified in the letter from the department notifying the grantee of the grant award. These reports shall include, at a minimum, a narrative of the activities completed or the progress of grant activities during the reporting period. A report shall be submitted by the due date whether or not any action or expenditures have occurred. GRANT SIGNATURE The authorized individual listed on page one of the application shall sign each original application. Should this not be possible before the due date a letter shall be submitted to the department explaining why and when the signed application shall be received. RECORDS The grantee shall maintain financial and other documents related to the grant to support all revenue and expenditures. A file shall be maintained by the grantee, which includes a copy of the "Notice of Grant Award" letter, a copy of the application and department approved budget and a copy of all approved changes. FINAL REPORTS Within 120 days of the grant ending date a final report shall be submitted to the department. The final report shall at a minimum contain a narrative describing the activities conducted including any bid or purchasing process and a copy of all invoices, canceled checks relating to the purchase of any equipment and supplies. If the activity funded was for training a list of all individuals receiving the training shall be submitted along with the dates, times and location of the training. If the grant was for training to be obtained by staff then a copy of all invoices and payment documents for the training shall also be submitted. COMMUNICATIONS EQUIPMENT The grantee shall have all communications activities, services, and equipment approved in writing by the Department of Management Services, Information Technology Program (ITP). The approval shall be dated after the beginning date of the grant. Any commitment to purchase the requested equipment and service shall also be dated after the beginning date of the grant. 10 1:"6 IF 14 EXPENDITURES No expenditures may be incurred prior to the grant starting date or after the grant ending date. Rollover funds may be used to meet expenditures prior to receipt of current year funds. CREDIT STATEMENT The grantee ensures that where activities supported by this grant produce original writing, sound recording, pictorial reproductions, drawings or other graphic representations and works of any other nature, notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the program, research reports, and similar public notices prepared and released by the provider shall include the statement: "Sponsored by [Your Organization's Name] and the State of Florida, Department of Health, Bureau of Emergency Medical Services." If the sponsorship reference is in written or other visual material, the words, "State of Florida, Department of Health, Bureau of Emergency Medical Services" shall appear in the same size letter or type as the name of the grantee's organization. One complimentary copy of all such materials shall be sent to the department within three weeks of their reproduction and delivery to the grantee. If the proper credit statement is not included, or if a copy of each item produced is not provided to the department within three weeks, the cost for any such materials produced shall be disallowed. Where activities supported by this grant produce writing, sound recordings, pictorial reproductions, drawings, or other graphic representations and works of any similar nature, the department has the right to use, duplicate and disclose such materials in whole or in part, in any manner or purpose whatsoever and others acting on behalf of the department. If the materials so developed are subject to copyright, trademark, or patent, legal title and every right, interest, claim, or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in the State of Florida, Department of State, for the exclusive use and benefits of the state. Pursuant to section 286.02 (1), F.S., no person, firm or corporation, including parties to this grant, shall be entitled to use the copyright, patent or trademark without the prior written consent of the Department of State. FINANCIAL AND COMPLIANCE AUDIT REQUIREMENTS This is applicable, if the provider or grantee, hereinafter referred to as provider, is any local government entity, nonprofit organization, or for-profit organization. An audit, performed in accordance with section 215.97, F.S. by the Auditor General shall satisfy the requirement of this attachment. STATE FUNDED This part is applicable if the provider is a nonprofit organization that expends a total of $100,000 or more in funds from the department during its fiscal year, which was not paid from a rate contract based on a set state or area-wide fixed rate for service, and of which less that 11 16 F4 $300,000 is federally funded. The determination of when a provider has "expended" funds is based on when the activity related to the award occurs. The grantee agrees to have an annual financial audit performed by independent auditors in accordance with the current Government Auditing Standards issued by the Comptroller General of the United States. Such audits shall cover the entire organization for the organization's fiscal year. The scope of the audit performed shall cover the financial statements and include reports on internal control and compliance. The reporting package shall include a schedule that discloses the amount of expenditures and/or receipts by grant number for each grant with the department in effect during the audit period. Compliance findings related to grants with the department shall be based on the grant requirements, including any rules, regulations, or statutes referenced in the grant. The financial statements shall disclose whether or not the matching requirement was met for each applicable grant. All questioned costs and liabilities due to the department shall be fully disclosed in the audit report with reference to the department grant involved. If the grantee receives funds from a grants and aids appropriation, the provider shall have an audit, or submit an attestation statement, in accordance with Section 215.97, F. S. The audit report shall include a schedule of financial assistance, which discloses each state grant by number and indicates which grants are funded from state grants and aids appropriations. The grantee has "received" funds when it has obtained cash from the department or when it has incurred reimbursable expenses. The grantee agrees to submit the required reports. SUBMISSION OF AUDIT REPORTS Copies of the audit report and any management letter by the independent auditors, or attestation statement, required by this attachment shall be submitted within 180 days after the end of the grantee's fiscal year to the following, unless otherwise required by F. S.: A. Department of Health Office of the Inspector General 4052 Bald Cypress Way, Bin A03 Tallahassee, Florida 32399-1704 B. Department of Health Bureau of Emergency Medical Services County Grant Manager 4052 Bald Cypress Way, Bin C18 Tallahassee, Florida 32399-1738 C. Submit to this address only those audits performed or attestation statements prepared in accordance with Section 215.97, F. S.: Office of the Auditor General Post Office Box 1735 Tallahassee, Florida 32302 12 16 F4 RECORDS RETENTION The grantee shall ensure that audit working papers are made available to the department, or its designee, upon request for a period of five years from the date the audit report is issued, unless extended in writing by the department. 'juLw. ~ ff\€àL0. ~~~e\ ~~a.·lI\O\t\f\ 02µ1/ø '"))t:\Te. A " t ATTEST: ,'". "..:." ;:n~JGHT ;-~~8l~qø¢';;: Clr. b ; .. :: '::,' " r - ::- ..J . 'Ii. ;J -'~j , .~ . Attest, .;,." . " 01 s 1 gRat..r.·"{Mti~'_;,:·,,:;,:· " Q.L. ~ Item # \L.Q.e:l. Agenda'L.- ~--cf) Date O' 0 a Date d-r~ {~ Rec'd ~~ 13 . -OC . ORIGINAL DOCUMENTS CHECKLIST & ROUTING S*l TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT To.I ' THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA T Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP ·F§ Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. lfthe document is already complete with the exception ofthe Chairman's sil!nature, draw a line throug- routing lines # 1 thmug¡ #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routin~ order) I.Heidi Ashton County Attorney HfA ?)q D~ 2.Sheree Mediavilla Risk J>/I;( ~/,,/OS 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office 7. Maria Bernal Tourism Department PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BeC approval. NonnalIy the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stalffor additional or missing information. All original documents needing the BeC Chainnan's signature are to be delivered to the BCC ofIice only after the BCC has acted to approve the item.) Name of Primary Staff Maria Bernal Phone Number 213-2966 Contact Agenda Date Item was February 22, 2005 Agenda Item Number 16F5 Approved by the BCC Type of Document Tourism Agreement, grant application, Number of Original I Attached certificate of insurance Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a r riate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan., with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and ssibl' State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exec t the BCC Chainnan and the Clerk to the Board 3. The Chainnan's signature line date has been entered as the date ofBCC approval of the document or the final negotiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's si ature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and tins routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! 6. The document was approved by tbe BCC 0') (enter date) and all cbanges made during tbe meeting have been incorporated in the attached document. The / Count Attorne 's Office bas reviewed tbe cban s, if a licable. "--- . Yes NI A (Not (Initial ) A licable) 0{1^ V ~. ~ L/ ~ I: Forms! County Forms! BeC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: March 15,2005 To: Maria Bernal Tourism Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Tourism Agreement between Collier County and the City of Naples Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #16F5), approved by the Board of County Commissioners on Tuesday, February 22, 2005. An original of the document has been retained in Minutes and Records and a copy has been sent to Finance. If you should have any questions, please contact me 774-8411. Thank you. Enclosure --.--"--.'.-~...'..--~----_._.,,-- 16 F5 16 F5 2005 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES FOR PASS MAINTENANCE OF DOCTOR'S PASS. THIS AGREEMENT, is made and entered into this .¿¡:-!iay of Ft:øbJ.U-I.J.y " ,2005 by and between The City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter refelTed to as "COUNTY". RECIT ALS: WHEREAS, CITY has submitted an application for Category "A" Tourist Development Tax Funds in the amount of $598,500.00 for the maintenance dredging of Doctor's Pass (the "Project"); and WHEREAS, the COUNTY desires to fund a portion of the Project. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN AND OTHER V ALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK. GRANTEE prepared a detailed application and proposal outlining the pass management project to be accomplished, along with a project budget, as part of the grant application process, hereinafter referred to as "Proposal", attached as Exhibit "A". GRANTEE shaH provide the project activities outlined in the Proposal within the budgeted amounts provided in the Proposal. GRANTEE shall not be reimbursed for any expenditures not included in the Proposal nor be rcimbursed for amounts in cxcess of those providcd in thc Proposal unless an amcndment to this Agrecment is entered into by GRANTEE and COUNTY. 2. PA YMENT AND REIMBURSEMENT. Thc maxImum reimbursement under this Agreement shall be Five Hundred Ninety-Eight Thousand Five Hundred Dollars and No/lOO ($598,500.00). GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY upon submittal of an invoice and upon verification that the services described in the invoice are 16 r- 1-- ! ... completed or that goods have been rece~ved. GRANTEE shall determine that the goods and services have been properly provided and shall submit invoices to the County Administrator or his designee. The County Administrator, or his designee, shall determine that the invoice payments are authOIized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and matelials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "A". 3. ELIGIBLE EXPENDITURES. Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY'S written request to repay said funds. COUNTY may request repayment of funds for a period of up to one (1) year after termination of this Agreement or any extension or renewal thereof. 4. PA YMENT REQUESTS. Payment requests for interim draws and final payment must be submitted to the County in the form of the Request for Funds form attached to this Agreement as Exhibit "0". All payments are on a reimbursement basis only after proof of paid invoices are 2 "--.--. . ..-".-.....,. '- 16 F5 presented to the County. County may withhold any interim draw for failure to provide the interim status report, and County shall withhold final payment until receipt of the final status report or other final report acceptable to County. 5. INSURANCE. GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The ceI1ificate must be valid for the duration of this Agreement and be issued by a company licensed in the State of Florida and provide General Liability Insurance for no less than the folJowing amounts: Bodily Injury Liability - $300,000 each claim per person Property Damage Liability - $300,000 each claim per person Personal Injury Liability - $300,000 each claim per person Worker's Compensation and Employer's Liability - Statutory The Certificate of Insurance must be delivered to the County Administrator, or his designee, within ten (10) days of execution of this Agreement by COUNTY. GRANTEE shall not commence activities which are to be funded pursuant to this Agreement until COUNTY has received the Certificate of Insurance. 6. CHOICE OF VENDORS AND FAIR DEALING. GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shaH not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and subcontractors and/or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of the expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 3 16 F5 7. INDEMNIFICATION. To the extent petmitted by law, GRANTEE shall hold hannless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly cmployed or authorized to pcrform work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agrecment or GRANTEE'S limit of, or lack of, sufficient insurance protection. 8. NOTICES. All notices from COUNTY to GRANTEE shall bc in writing and deemed duly served if mailed by registered or certified mail to GRANTEE at the following address: David Lykins, Director of Community Services City of Naples 280 Riverside Circle Naples, Florida 34102 All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY at the following address: Jack Wert, Executive Director Naples, Marco Island, Everglades Convention & Visitors Bureau 3050 North Horseshoe Drive, #218 Naples, Florida 34104 GRANTEE and COUNTY may change their above mailing address at any time upon giving the other pat1y written notification pursuant to this section. 4 16 FS 9. NO PARTNERSHIP. Nothing herein contained shall be construed as creating a partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. 10. TERMINATION. COUNTY or GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination pursuant to Section 7 and specifying the effective date of termination. If COUNTY terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. 11. GENERAL ACCOUNTING. GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the terms of this Agreement. 12. A V AILABILITY OF RECORDS. GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement. GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT. GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of COUNTY. 14. TERM. This Agreement shall become effective on June 1, 2004, and shall remain effective until sixty (60) days after completion of the project described in Exhibit "A", but no later than April 30, 2006. 5 16 F5 15. AMENDMENTS. This Agreement may only be amended by mutua! agreement of the parties and after recommendation by the Tourist Development Council. 16. RECORDATION. This Agreement shall be recorded in the public records of Collier County, Florida. IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DA TED,'~~r~:i6i '" ,. '", .,.. ~,..... ~("ò'. ~'" ~'". ATTESI¡'t;' /'.:;: ,.,,, ", .:.' " . . ~,.'.:' - '- ';+e, Ii< Ii.', . DWI~'i..n\Ii;::BR~K~ €1érk '.' c. .', '., \1<'~ '~.' . .: ~H. ~~(.. :' , ';:;;~~1 /~: ) '. .\. (¡'i ~. ,.;¡: " .... ~'I';¡ ; ~...' Ji'.... BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Attast a$ s 19¡Htwr~ By: FRED W. COYLE, Chair Approved as to form and legal sufficiency: f:L¿ f j~~~ H 'd' F'- A h 'L..-/ ell. s ton Assistant County Attorney 118m' Ib F S_ Agenda Dite ~ ·:t:l~5 DQte R~'d .a.j '5. Q5 ~~~~,¿ ~ 6 ATTEST: Approved as to form and legal sufficiency: 'K~ \) ?~ ROBERT D. PRITT, City Attomey (corporate seal) GRANTEE CITY OF NAPLES 16 F5 ~~ By' ~' . IL BARNET, Mayor ~~N7t~Mt/ 1Jøzw/ si~oatuce '6 lVh¿~J f. VV\ VOSL Prin ed/Typed Name (2) Signature ,ern tlRUG HTlJJ Printed/Typed Name 7 -----~----~........~--".._. _.,~".._. EXHIBIT "A" BUDGET (Engineering, Mobilization, Contractor, Monitoring) Permit Fees $ 8,500 Additional Permit Studies & Surveys $ 35,000 Final Design and Bidding $ 30,000 $ 25,000 $425,000 Construction Services Channel Dredging Preconstruction Monitoring $ 75,000 TOTAL $598.500 p~ 16 F5 I oJ & 16 F5 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renounshment and Pass Maintenance Doctor Pass Maintenance Dredging 1. Name and Address of Project Sponsor Organization: The City of Naples 735 Eighth Street South Naples Florida 34102 2. Contact PenQn,. Titlel~d Phone Number: David LV). LYJ'\..1ns Name: ~~ Natural Resources Manager Address: 280 Riverside Circle Naples FL 34102 Phone: 213-1031 FAX: 213-7130 3. Organization's Chief Official and Title: Bill Barnett, Mayor 4. Details of Projeet- Description and Location: The 1994 Doctors Pass Inlet Management PJan specifies maintenance dredging of a minimum of 40~OOO cubic yards of beach -compatible sand from the Pass and the impoundment basin on a four-year cycle. The 40,000 cubic yard impoundment basin was excavated in 1996 and the second maintenance dredging event took place in 200 1 and 2002. It is now time for another dredging project. The City has engaged a consuhing engineer to obtain new 10-year permits ftom the state and federal regulatory agencies. 5. Estimated project start date: 01 May 2005 6. Estimated project duration: six months 7. Total TDC Tax Funds Requested: $ 598,500 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) P1 d- cJ (p DOCTORS PASS Doctons Pass Maintenance Dredging Long Range Budget EstImate Estimated . FY 2005 Cost Permit fees $8,500 Additional permitting studies & surveys $35,000 Final design & bidding $30,000 Construction services $25,000 Channel Dredging $425,000 Pre-construction monitoring $75,000 $598,500 FY 2006 12-month environmental monitoring $65,000 . studies FY 2007 24-month environmental monitoring $67,000 studies FY 2008 36-month environmental monitoring $67,000 studies Final design & bidding $33,000 Construction services $28,000 Channel Dredging $470,000 $598,000 FY 2009 12-month environmental monitoring studies - $71,000 FY 2010 24-month environmental monitoring studies $73,000 FY 2011 36-month environmental monitoring studies Final design & bidding Construction services Channel Dredging Construction environmental monitoring $73,000 $36,000 $31,000 $515,000 $55,000 $710,000 16 FS P'í 3 o~ l.o 16 F5 FY 2013-2014 Doctors Pass Maintenance Dredging Long Range Budget Estimate (Continued) 36-month environmental monitoring studies Final design & bidding Construction services Channel Dredging Construction environmental monitoring $78,000 $41.000 $34,000 $570,000 $60,000 $783,000 Assumptions: November to October fiscal year 3% annual inflation 3-year maintenance dredging cycle 14,000 c.y.tyr. shoaling rate $6.00/c.y. unit cost $175,000 mob/demob cost No environmental imaets found during monitoring No mitigation required p1 Y TJ~ LP Collier County Tourist Development Council Category "A" Grant Application Page 2 16 F5 Doctors Pass Maintenance Dredging PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Fuads Requested Cityll'uiDg District Share State of Florida Share Federal Share $ 598,500 $ $ $ TOTAL $ 590,000 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Permit fees Additional permitting studies and surveys Final design and bidding Construction services Channel dredging Preconstruction monitoring $ 8,500 $ 35;000 $ 30,000 $ 25,000 $ 425,000 S 75,000 $ 598,500 TOTAL I have read the Tourist Development Category "A" Beach Funding Potiey covering beach renourishment and pass maintenance and agree that my organization will comply with aD guideUnes and criteria. Signature of Sponsor Organization's Chief Official Date p'l S- DJ- (p o i ¡ i , ¡ I ! ! ¡ I ! j ¡ ! ! ! i i ! i , j I j ! ! , ! ! . I I ¡ Ii! i ! ! ¡ -··-·--··,1··..--..-....·-·----, ! i I :¡' I I' I I ' I ' I .' ; ,. ! i i j ~ I i j ¡ ¡ I !! ! 1 i [i I ¡ ! ¡ l i ¡ ¡ ! ' ' I 1 I ! ; ¡ ¡ i I ., . I ' ì ! I ; ,i . ¡ " I I . I" i i i i I , I t· ¡: !! , t ¡ !:! j . i· !; I j ·-'--ti _L _L-l.._+__L_L : i i ¡; I i ¡ , ! I I I'! I ! j í " ;; j j . i ¡ I I Ii; ! j , ; , I 'I ! ! ! ! j I ! i ¡ j ¡ j ! ¡ ! . I ! I ! j ! f f ! i ¡ I Ì i ¡ , !. 'I! ¡ ¡ Ii! I ¡ i ! l ¡I; I I I I ! ! , ! . I ¡! ! j ! I ! , I ¡Ii I ¡ ! ~ J ! t I- :E a:: w C- C) Z C) C w a:: c w u z « z w I- z « :E en en « C- en a:: o I- U o c o e( ~~ ~ ::¡; e( ::¡; IL. ~ c z o o < ~~ ~ ..... j ¡ ! I 1 ; ,~ ;~ ;~ .~ .~ ;~ .~ ,~ ;~~ '~ ¡~ ;~ .~ .~ .:ø. ,0_ ,~~,~'-,~ '~00 ,W ¡~ ~.~ " :~ ;~; :o:Ci;o ,T- ,;::: ;_ ~('I - :- :......: :C'I j ;¡ ,I-- ;1-- ,~ '"C"C ;- .¡;, - ,- - ìõJ ¡;, ,(ò'J. .~ .5 s¡¡ ,~ ,"C . CD 'I&.. .IL. :." "C ~ II ::J ::J' II or:: 'i c 1L :I :f= 'IL.'~ ' '~I&.. fE. f!.f= fE. .f!.1L ~ ~ ::ï; '~'~ '~:~ CD .~, .~ '~ 'û;: !a¡ '.. '1:: ''0 ''0 .~IL. '~ :~ ~:š i~ ·~ŠŠ:~.~:~ ¡~Š 'Š:~:~ :~;~ 1:: t! ...", :8 '~Ci 'Ci CD Ci '0 .~ .~ -..... ;- :C'I -['I CD. ., '.... c ''0 '0 C. C ..... .- ...... ,~ ,iñ ,iñ .&i5 'if - C 'C ';:: '.2 !~ ~.o 0 '0 :or:: ,- - '1:: ''0 ,r:: ~ o 0 ;.0 ,.....2; . '::ï;::ï; ¡~ ,IL. .'0 '."C '..... '~ 0 ,s: ::&::¡; , . ' . . i>' .~.IL.' ,>::ï;.... ;~ '~ .~ ,~ :~ ,::ï:N ~ f:3 :~ ñ ,¿;, .~¡¡, .~ I.~ J'~'~ ,- .... ...- :~'~-~ '. . '. '0 '0 "0 .~ I<) '~ . :. -. :. >-i>->- >- :-8 '-8 :-8 -! .~ ,to) ;1<) :~ !:. '. >- i~ ¡i:~ ~ ::¡ '~ . C ... . . >- '. '0 .11) .(0) .- .~ !:. :~~~, . -8 '-8 . -3 ;-fI-fI *:t')I<)f:3 'I<) ~.!:. !e. ~ :~i-fl-fl-fl :: ~.~ ~2 .... .___.,__._n," c ·0 ë'O ã. ~ ! c: 0 ,,g.l . , c 8' -¡; ,"0' III . ',g!.S! w- ,,'~o '.I 'e( '! :i .,',=& f :~ !¡~ :~ :~= ~ 0:: ;( ~ ,1 i II ¡ Z '~:~ i '5'~ 1~ m. ..'~.~ ,0:: _> _ _ z ~ Q .." - ~ - ,.... - N '-¡: ':0:= '.!!! W i= :.... :e( "< _:.g 1'5 e."<,. ,'0 II I: s:: - ccg '... :>0. ~ .~ '- !.·~:;;¡R 0:: If. . i '~8 Q. _ Ë ..a 1iI;.:S e' ~ 'iii S ¡;-,~,~ 'E it rf.o.. 'r. I . ;ill ·ID.. :.!! '. .= ,i w ,w ;0 'w ~ IL ;!! ,"" "> .~: ; c .~ · ~ -8 . c: :t '~8 O.f2 E CC!.;E ~ .~ 1¡:;j .&. 'it 0:: c&.-c: c: s:: - · t:: e :'§. . &0 .: :0 ,-g : & : :!: 1! 'I! '~ '1! ~ ~o.. ,U) _ ,e( 0 '0:: ,::> 'Ne( ;0:: ii:c '0 .t. IL. ¡!!:f ,. ·C o .= B "" ü '8- o '«J . 'C: 'III ii: , D. '0 -¡; .> '. o 1) .:g- 'I! .c 'më ':8 I ,8 .~ ~ .1!1f -l;; :c e( e( ,8 Q- N I") ~ ~ ~ I-- CD CD 0 ~~~~~~~œ~N~ +¢ II c: .¡ 0 1S .!! {!!! ~ ~ -¡; ~ E '6 ~ . . ;H ,! + .... ~ III E E ::J U) 11 ë" Q. . CI . 0.. . c: o 1f .!! ~ ~ . E ~ en - 'i ¡!! I ¡; e 0. :0:: ã.. U) ~ ~ - t::: tšj .!!... e. D..C '1 LP oj IJ , , --'. ... EXHIBIT "D" REQUEST FOR FUNDS , COLLIER COUNTY TOtJRIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD REQUEST# ( ) INTERIM REPORT FROM TO. ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER; I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual c,:>st made during this time period. SIGNATURE TITLE EXHIBIT ":0" 18 '-'-'~"'-'-"-'-'- --,~,,---_._--_.._, ,--"- .. ". .,-,.,,~.~ -16 FS A CORQM CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYY.Y) .. ~/23.-n.!" PRODUCER (321) 832 -15 00 FAX (321)832-1513 THIS CERTIFICATE IS ISSUED AS A MATTER 0 M~Jl'ðN:) Public Risk Insurance Agency ONL Y AND CONFERS NO RIGHTS UPON THE C _ ATE' HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 958455 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lake Mary, FL 32795 INSURERS AFFORDING COVERAGE NAIC# INSURED City of Naples INSURER A: Preferred Gov Insurance Trust Lori Parsons INSURER B 735 8th Street South INSURER c: Naples, FL 34102 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 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. I,N~~ F..~~~ TYPE OF INSURANCE POLICY NUMBER P~}+SY EFFECTIVE PQ~I,Ç~Y EXPIRATION LIMITS GENERAL LIABILITY PXFLI011200204-02 10/01/2004 10/01/2005 EACH OCCURRENCE $ 2,000,000 - DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY $ 250,000 I CLAIMS MADE 00 OCCUR MED EXP (Anyone person) $ A PERSONAL & ADV INJURY $ included - GENERAL AGGREGATE $ 6,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ included I ·nPRO- n POLICY JECT LOC AUTOMOBILE LIABILITY PXFLI011200204-02 10/01/2004 10/01/2005 COMBINED SINGLE LIMIT - $ X ANY AUTO (Ea accident) 2,000,000 - ALL OWNED AUTOS BODIL Y INJURY f-- (Per person) $ SCHEDULED AUTOS A I-- X HIRED AUTOS BODILY INJURY f-- (Per aCCIdent) $ X NON-OWNED AUTOS I-- Comp $1,000 ded X PROPERTY DAMAGE f-- $ X Coll $1,000 ded (Per aCCIdent) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC S AUTO ONLY AGG S EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ tJ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION S $ WORKERS COMPENSATION AND PXFLI011200204-02 10/01/2004 10/01/2005 X I T7;~.JT~I,~;, I ¡OJ~- EMPLOYERS' LIABILITY EL EACH ACCIDENT $ 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE O~ ~ ICER/lvlt:MbEk l,>,CLUuEY, EL. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 SPECIAL PROVISIONS below OTHER PXFLI011200204-02 10/01/2004 10/01/2005 Building & Contents A Property $88,999,680 Deductible $25,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS iability is subject to Florida Statute 768.28 ollier County Board of County Commissioners and the Tourist Development Council shall be listed as additional insureds within the provisions allowed under Florida Statute 768.28, with respects to the 0005 Tourism Agreement for Maintenance Dredging of Doctor's Pass. CERTIFICATE HOLDER Collier County Board of County Commissioners Tourist Development Council Maria Bernal 3301 E. Tamiami Trail Naples, FL 34112 LLAT N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE ACORD 25 (2001/08) FAX: (239)403-2404 CORPORATION 1988 / t:,.:z BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February 22, 2005 FOR BOARD ACTION: A. Minutes: 1. Environmental Advisory Council - Agenda for February 2, 2005Staff Reports for February 2, 2005 Meeting - Wiggins Pass Hotel and Spa and Coconillia PUD. Minutes of January 5, 2005 2. Collier County Airport Authority - Minutes of January 10,2005. 3. Vanderbilt Beach M.S.T.U. - Agenda for February 3, 2005; Minutes of January 6,2005. 4. Collier County Citizen's Corps Advisory Committee -Agenda for January 19, 2005,Minutes of August 25, 2004; Minutes of September 15, 2004;Minutes of October 20, 2004; Minutes of December 13, 2004 and Minutes of January 19,2005. 5. Development Services Advisory Committee - Minutes of January 5,2005. a) Development Services Advisory Committee Budget & Operations Sub-Committee - Minutes of January 12,2005 6. Collier County Coastal Advisory Committee - Minutes of December 9, 2004. 7. Collier County Tourist Development Council - Minutes of May 24, 2004, June 28, 2004, September 27,2004, and Minutes of October 25,2004. 8. Pelican Bay Services Division - Agenda for February 2, 2005; Minutes of January 5,2005. a) Budget Sub-Committee - Agenda and Minutes of January 19,2005 b) Clam Bay Sub-Committee - Agenda for February 2,2005; Minutes of October 6, 2004. 9. Collier County Planning Commission - Agenda for February 3, 2005. 10. Collier County Library Advisory Board - Agenda for January 26,2005; Minutes of December 8, 2004. H:Data/Format /07 11. Golden Gate Estate Land Trust Committee - Minutes of October 25, 2004. 12. Forest Lakes Roadway & Drainage M.S.T.U. - Agenda for February 9, 2005; Minutes of January 12, 2005. 13. Bayshore Beautification M.S.T.U. - Agenda for February 9,2005; Minutes of January 12, 2005. B. Other: 1) Ethics Commission Form 4A-Relevant to Agenda Items 12A & 12B for February 8, 2005 BCC Meeting. H:Data/Format '" ._~_..,.,_.~-,-,._- / Ib-:J. 4f L / AGENDA February 2,2005 9:00 A.M. Fiala Halas Henning Coyle . ¿ Coletta ~ ,,/ ENVIRONMENTAL ADVISORY COUNCIL Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of January 05, 2005 Meeting minutes V. Land Use Petitions A. Planned Unit Development No. PUDZ-2004-AR-6015 "Triad RPUD" Section 34, Township 49 South, Range 26 East B. Planned Unit Development No. PUDZ-2004-AR-5967 "Coconilla PUD" Section 17, Township 48 South, Range 25 East C. Conditional Use No. CU-2004-AR-6625 "Wiggins Pass Hotel and Spa CU" Section 17, Township 48 South, Range 25 East D. Planned Unit Development No. PUDZ-A-2004-AR-6876 "Cocohatchee Bay PUD" Sections 8, 9,16,17 and 20, Township 48 South, Range 25 East VI. Old Business c A. Oustanding Advisory Committee Member Nominations B. LDC Amendments . ¡?·dl~L[£_ i¡) (0 Lt'\)\~ \ VII. New Business VIII. Council Member Comments IX. Public Comments X. Adjournment ******************************************************************************************************** Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on January 27. 2005 if vou cannot attend this meetinCl or if vou have a conflict and will abstain from votinCl on a petition (403-2424). General Public: 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. <-_.-,"""--- ..."..",..."",--._~-_.<.,-.,,"-_.-. (b:l A t Fiala ~ Halas Henning_-_.._. Coyle ENVIRONM<i'Wï~L ADVISORVL'""OUNCIL Item V.c. STAFF REPORT MEETING OF Februarv 2. 2005 I. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: CU-2004-AR-6625 Wiggins Pass Hotel and Spa Eco Venture Wiggins Pass, LTD. RWA Consulting, Inc. Passarella and Associates, Inc. II. LOCATION: III. IV. The subject property is the site of the former Wiggins Pass Marina. It is located in the northwest quadrant of the intersection of Wiggins Pass Road and Vanderbilt Drive in Section 17, Township 48 South, Range 25 East. The parcel is approximately 10.45± acres. DESCRIPTION OF SURROUNDING PROPERTIES: The surrounding properties contain a mix of residential developments and a public park. The residential parcel to the north, Cocohatchee Bay PUD, permits high-rise residential units at a height of 200 feet above parking and the Pelican Isle Yacht Club to the southwest is also a high-rise residential project with a maximum density of 11 dwelling units per acre). North: Undeveloped land within a residentially designated tract; zoned PUD (Cocohatchee Bay PUD; 1.11 dwelling units per acre) East: Vanderbilt Drive ROW, across which is land with a Site Development Plan authorizing a golf course; zoned PUD (Cocohatchee Bay PUD; 1.11 dwelling units per acre) South: Cocohatchee River Park (Collier Parks and Recreation); zoned P (Public Use) West: Undeveloped land within a residentially designated tract which is predominantly mangrove forest; zoned PUD (Cocohatchee Bay PUD; 1.11 dwelling units per acre) Southwest: Pelican Isle Yacht Club; zoned RT (density capped at 11 dwelling units per acre) .' Southeast: Undeveloped commercial tract of Wiggins Bay PUDr:~.ot~ÙR.-- (4.85 dwelling units per acre) d. ddll.l:::::l PROJECT DESCRIPTION: 1~ '} )+1, .... .~.H_·_·-·-·-·-·_·_··~~ .~-,._----,",....".~..-....,,-,~....-..~~''''.'''''''._'_'"- .,,, -, - 1 fc ~ Å' EAC Meeting Page 2 of 10 The subject site is 10.45 + acres and directly north of the Cocohatchee Bay Park, which includes wet boat slips and a boat launching and fueling facility. The subject property was used for many years as a marina with some 450 dry boat storage spaces, a ship store, a boat service facility, marine fueling facility, and several wet slips. The petitioner seeks a Conditional Use for a Destination Resort Hotel in the Commercial (C-4) zoning district, as provided for in Chapter 2.04.03 of the LDC. Hotels are permitted in the C-4 zoning district, when the C-4 zoning district is contained within an activity center. The subject site is not located within an activity center and therefore a conditional use application is required of the project. The applicant is proposing a 230-room hotel with customary ancillary uses. These uses include: · + 10,000 square feet of restaurant space; · + 4,000 square feet of lounge/bar area; · + 10,000 square feet of meeting and ballroom space · + 17,000 square feet of retail shops and personal service uses such as a spa and salon · + 3.18 acre marina with a maximum of 47 wet slips and a ship store (minimum of three wet-slips reserved for transient boat parking. The project's primary means of ingress and egress is located directly across from the existing terminus of Wiggins Pass Road, where a traffic signal exists. A secondary means of ingress and egress will be provided at the northern extent of the project. This secondary access point is to be utilized primarily for deliveries and to provide enhanced emergency access. The projects will provide an inter- connection with the Cocohatchee Bay Park to the south to allow the park's patrons the ability to egress the site utilizing the traffic signal. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Mixed-Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Urban-Mixed Use District permits a variety of non-residential uses including hotels/motels consistent by Policy 5.9, 5.10, or 5.11 and related accessory and recreational uses such as restaurants, meeting spaces, retail uses, spas; and, water related uses such as wet slips. The subject site is zoned commercial (C-4) and developed with a marina. This site does not meet the commerciallocational criteria contained in the FLUE. However, FLUE Policy 5.9 provides that properties, which do not conform to the FLUE but are improved, as determined through the Zoning Re-Evaluation Program, shall be deemed consistent with the FLUE and identified on the FLUE Map Series as Ifo:LAf EAC Meeting Page 3 of 10 Properties Consistent by Policy. This site is such a property (determined to be "improved property" through the Zoning Re-evaluation Program) and therefore allowed to develop consistent with the C-4 zoning district as requested above. The Urban-Mixed Use District sets forth "any water-dependent and/or water- related land use shall encourage the use of the PUD technique and other innovative approaches to conserve environmentally sensitive features and to assure compatibility with surrounding land uses." "In addition to the criteria of compatibility with surrounding land uses and consistency with the siting policy of the Conservation and Coastal Management Element (Policy 1 0.1.4), the following land use criteria shall be used for prioritizing the siting of water-dependant and water-related uses: a) Presently developed sites; b) Sites where water-dependant or water-related uses have been previously established; c) Sites where shoreline improvements are in place; d) Sites where damage to viable, naturally functioning wetlands, or other environmentally sensitive features could be minimized." The subject site is presently developed with a marina, a water-dependent and water-related use. The proposed uses include a water-related use, the 47-slip manna. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to the Zoning and Land Development Review staff as part of their review of the petition in its entirety. Based upon the above analysis, staff concludes that the proposed uses for the site may be deemed consistent with the FLUE. Conservation & Coastal Manae:ement Element: Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. The applicant states in the EIS that all flow from a 25-year, 3 day storm will be collected, treated to State Outstanding Florida Waters Standards and will discharge to the existing portion of the improved marina. This project is consistent with Policy 6.1.4 in that an invasive exotic vegetation removal and maintenance plan will be required at the time of Site Development Plan/Construction Plan submittal. lCoL A I EAC Meeting Page 4 of 10 The requirement in Policy 6.1.8 to provide an Environmental Impact Statement has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Agency permits will be required at the time of Site Development Plan/Construction Plan submittal. As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. The SFWMD FLUCCS identifies Code 540 (Bay) onsite as "other surface waters" and COE identifies "Waters of the U.S." and is shown in Figure 2 of the EIS. The proposed marina is for 47 slips. Policy 6.3.1 requires the amount of permitted wet slips for marinas be no more than 18 boat slips per 100 feet of shoreline where impacts to sea grass beds are less than 100 square feet. The proposed marina will not impact any sea grass beds if the vessels leaving the marina stay within the limits of the main channel to the Gulf of Mexico. According to the applicant, the existing shoreline is approximately 305 feet, which would allow 54.9 slips; the applicant is proposing 47 slips, in accordance with this policy. A wildlife survey for listed species has been conducted on the site and included in the Environmental Impact Statement. In accordance with Policy 7.1.2, wildlife habitat management plans have been submitted for the bald eagle. The relevant reference to this project that is required by Policy 7.1.2 to be used in preparing the management plan is the "Habitat Management Guidelines for the Bald Eagle in the Southeast Region", USFWS, 1987. Policy 7.1.2(2)(d) states, "For the bald eagle, the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season." Per the USFWS Bald Eagle Management Guidelines, restrictions are recommended on new commercial and industrial development, construction of multi-story buildings or high-density housing developments, construction of roads that increase access to nest sites, and use of chemicals toxic to wildlife. Most other sources of disturbance are allowed within the secondary zone during the non-nesting season. The subject site, located within the secondary zone, is proposing a multi-story hotel. Policy 7.1.2(3), states, "The County shall, consistent with applicable GMP policies, consider and utilize recommendations and letters of technical assistance from the FFWCC and the USFWS in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within these wildlife 1" ~ A 1 EAC Meeting Page 5 of 10 protection policies and any such change shall be deemed consistent with the Growth Management Plans." Included in the EIS is the USFWS biological opinion dated March 6, 2004 for the originally proposed construction of two 22- story residential towers. The USFWS written biological opinion and their recommendations allows for the multi-story buildings within the secondary zone and allows construction during the nesting season with tenns and conditions and therefore the eagle management plan is consistent with the GMP. The project is consistent with Policy 7.1.4 in that all applicable federal and state pennits regarding protected species will be required at the time of Site Development Plan/Construction Plan submittal. Per Policy 7.2.1, the marina siting criteria was used to detennine the appropriate number of docks allowed in order to direct increased boat traffic away from sensitive manatee habitats. A manatee protection plan has been included as part of the EIS. Policy 10.1.1 sets priorities for water-dependant uses in order to protect shorelines where activities will damage or destroy coastal resources. The proposed private marina use falls in the middle of the priorities list. However, the shoreline along the property has already been impacted. Similarly, Policy 10.1.3 lists priorities for water-related uses: Recreational facilities, marine supply/repair facility and residential development, respectively. Consistent with the policy, the proposed plan is providing a private marina and a marine supply facility which are the first and second priorities. Per Policy 10.1.6 regarding new marinas, the applicant has provided vehicular parking, fueling facilities designed to contain spills from on-land and in the water, and accessibility to all public services. Specifics will be addressed at the time of site plan submittal. Sewage pump-out facilities will be required at the time of site development plan submittal. This policy also states that dry storage should be encouraged over wet storage. This project proposes only wet storage. Policy 12.1.2 requires that land use amendments in the Category I hurricane vulnerability zone shall only be considered if such increases in densities provide appropriate mitigation to reduce the impacts of hurricane evacuation times. The proposed commercial hotel/marina development will have no impact on hurricane evacuation times, as no pennanent residential dwelling units are proposed. VI. MAJOR ISSUES: Stormwater Manae:ement: \ Co:r.AI EAC Meeting Page 6 of 10 The subject site lies in an area referred to in the County Drainage Atlas as "Miscellaneous Coastal Basins" because it discharges directly into the Gulf. Since there are no downstream properties, water quantity (discharge) requirements are not a consideration. There are no County stonnwater facilities in the vicinity of the project. Water quality retention must be accounted for in compliance with the requirements and standards of the FDEP and the SFWMD. Environmental: Site Description: The subject site is a lO.4S-acre fonner commercial marina. No native habitat is present. Wetlands: The subject site contains 0.43 acres of open water, the shoreline composed of sea wall and boat ramps. The submerged bottom of the bay is composed of soft sediment lacking sea grasses within or immediately adjacent to the project boundary. The applicant proposes to excavate a 3.18-acre marina basin and reconfigure to accommodate 47 wet slips. Preservation Reauirements: There is no preservation requirement for the subject property. Listed Species: The project site is developed and does not contain listed species. The West Indian Manatee may occur within waters near the project site. The majority of the site is located within the secondary protection zone of bald eagle nest CO-O 19. This nest is located approximately 830 feet northwest of the project site occupied by a pair of eagles that have successfully fledged young during each of the last four consecutive nesting seasons. As part of the biological opinion from USFWS, the applicant proposed enhancing the reconfigured marina basin for flushing by planting the tenninal ends of the bay with 0.82 acres of mangroves. This proposal has been withdrawn by the applicant and is long longer included as part of this plan. VII. RECOMMENDATIONS: J" I1\-( EAC Meeting Page 7 of 10 Staff recommends approval of CU-2004-AR-6625 "Wiggins Pass Hotel and Spa" with the following stipulations: Stormwater Mana2ement: A Surface Water Management Permit or an Environmental Resource Permit must be obtained from SFWMD for this site. SFWMD may defer to FDEP because of the location. Environmental: 1. As part of the biological OpInIOn from USFWS, the applicant proposed enhancing the reconfigured marina basin for flushing by planting the terminal ends of the bay with 0.82 acres of mangroves. Until such time as the biological opinion is modified or written authorization is received from USFWS, this requirement remains as part of the biological opinion and shall be included and shown as part of final site plan approval. 2. Draft restrictions will be in accordance with the Manatee Protection Plan in affect at the time of Site Development Plan/Construction Plan submittal. 3. Any amendment to the Bald Eagle Management Plan shall require review by the Environmental Advisory Councilor any successor body. 4. This PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected species onsite. A Habitat Management Plan for those protected species shall be submitted to Environmental Services staff for review and approval prior to final Site Plan/ Construction Plan approval. 5. Petroleum cleanup at the subject property shall meet the standards as described in 62-770, Florida Administrative Code (F.A.C.). During storage tank removal and closure, a significant amount of contaminated soil was removed and stockpiled. A discharge report form shall be filed as required by 62-761, F .A.c. and a site assessment initiated as outlined in 62-770, F .A.C. During Phase I & II site assessments provided by the applicant, some sampled areas other than the tank pit area were found to have exceeded state cleanup target levels. A re-sampling shall be required for all contaminants that exceeded soil or groundwater cleanup target levels as defined in 62-777 F .A. C. Results shall be submitted to the Collier County Pollution Control and Prevention Department for their review (attn: Phil Snyderburn). If the re- sampling of these areas confirms that state cleanup target levels are exceeded, a EAC Meeting Page 8 of! 0 site assessment will be required for the areas exceeding the state cleanup target levels in 62-777, F .A.C. in addition to the site assessment already required by 62-770, F.A.C. in the former tank pit area. Remediation scopes will be determined by the site assessment(s) result(s) and conclusion(s). Cleanup shall be required prior to SDP approval. Ib~M EAC Meeting Page 9 of 10 PREPARED BY: STAN CHRZANOWSKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT SUSAN MASON DATE SENIOR ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT MIKE BOSI, A.LC.P. DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW I,,~A\ Ih:r.AI EAC Meeting Page 10 of 10 REVIEWED BY: BARBARAS.BURGESON PRINCIP AL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT DATE WILLIAM D. LORENZ, Jr., P.E., DIRECTOR, ENVIRONMENTAL SERVICES DEPARTMENT DATE SUSAN MURRAY, AICP, DIRECTOR, DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Fia\a ,-~'/ Halas ~; - Hennin9- Coyle Coletta . llo:r.A-f Item V.B. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF FEBRUARY 2. 2005 I. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: PUDZ-2004-AR-5967 Coconilla PUD Eco Venture Wiggins Pass, LTD. R W A Consulting, Inc. Passarella and Associates, Inc. II. LOCATION: The subject property is the site of the former Wiggins Pass Marina. It is located in the northwest quadrant of the intersection of Wiggins Pass Road and Vanderbilt Drive in Section 17, Township 48 South, Range 25 East. The parcel is approximately lOA5± acres. III. DESCRIPTION OF SURROUNDING PROPERTIES: The surrounding properties contain a mix of residential developments and a public park. The residential parcel to the north, Cocohatchee Bay PUD, permits high-rise residential units at a height of 200 feet above parking and the Pelican Isle Yacht Club to the southwest is also a high-rise residential project with a maximum density of 11 dwelling units per acre). Surrounding: North: Undeveloped land within a residentially designated tract; zoned PUD (Cocohatchee Bay PUD; 1.11 dwelling units per acre) East: Vanderbilt Drive ROW, across which is land with a Site Development Plan authorizing a golf course; zoned PUD (Cocohatchee Bay PUD; 1.11 dwelling units per acre) South: Cocohatchee River Park (Collier Parks and Recreation); zoned P (Public Use) West: Undeveloped land within a residentially designated tract which is predominantly mangrove forest; zoned PUDiii#(CO ohatchee Bay PUD; 1.11 dwelling units per acre) ~~ O~ Southwest: Pelican Isle Yacht Club; zoned R¥ el1S1 ca¡1ped at 11 dwelling units per acre) loŒ), f+-l [Q.M EAC Meeting Page 2 of 10 Southeast: Undeveloped commercial tract of Wiggins Bay PUD; zoned PUD (4.85 dwelling units per acre) IV. PROJECT DESCRIPTION: The petitioner proposes a residential PUD with private boat slips, and additional parking for the adjacent County park. The project includes 95 residential units in two 10-story mid-rise buildings, not to exceed 120 feet, 29 private wet-slips within a marina basin, a ship store, and related accessory uses. The subject site is 10.45 acres, but .43 acres of the total is submerged lands and therefore cannot be included in the acreage utilized within the residential density calculation. Since the site is currently zoned C-4, is not located within an Activity Center, and is not consistent with the Neighborhood Village Center Subdistrict, the petition is eligible for the "Conversion of Commercial Zoning" density bonus of the Density Rating System of the Future Land Use Element of the Growth Management Plan. Conversion of Commercial Zoning allows the petitioner to apply for a maximum of 16 dwelling units per acre of commercial property converted. (It should be noted that the Density Rating System states that density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for the bonus, compatibility with surrounding properties, and the criteria in the Land Development Code.) The 10.02 acres of the subject site (minus the .43 acre submerged land) is eligible for a density calculation resulting in a maximum of 160 residential dwelling units (a density of 16 units per acre). The petitioner proposes a maximum of 95 residential dwelling units on the eligible 10.02 acres (a density of 9.48 units per acre). V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan (GMP). The property is also within the Traffic Congestion Area, part of the Density Rating System, and the majority of the site (+/-85%) is within the Coastal High Hazard Area (CHHA) - that area lying within the Category I evacuation zone as defined in the Southwest Florida Regional Planning Council Hurricane Evacuation Study Update. Relevant to this petition, the Urban Mixed - Use District permits a variety of residential and non-residential land uses including mixed use developments such as Planned Unit Developments; water-dependant and water-related uses and other recreational uses such as water-related parks, marinas (public or private), l (o:r...A ~ EAC Meeting Page 3 of 10 yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants; and, recreation and open space uses. The Density Rating System provides for an eligible density of 4 dwelling units/acre (DU/A) throughout the Urban - Mixed Use District (except for the Urban Residential Fringe capped at 1.5 DU/ A), whether in or out of the CHHA, therefore, the subject site is eligible for a base density of 4 DU/ A. But, the site is within the Traffic Congestion Area so is subject to a 1 DU/ A reduction. However, the petition is eligible for the Conversion of Commercial Zoning density bonus which states: "if the project includes conversion of commercial zoning which is not within a Mixed Use Activity Center or Interchange Activity Center and is not consistent with the Neighborhood Village Center Subdistrict, a bonus of up to 16 dwelling units may be added for every acre of commercial zoning which is converted". As with all residential rezones, density afforded by the Density Rating System is the density that a given project is eligible for - it is not an entitlement; for the subject petition, the density range from 0-16 DU/ A may be found consistent with the FLUE. As the site is presently zoned commercial (C-4), it has no assigned density or entitled density; the C-4 district allows a wide variety of retail, office, personal service and institutional uses but does not allow residential uses (dwelling units). The FLUE provides that, when applying the Density Rating System, gross site acreage is used to calculate residential density, less land area devoted to commercial or industrial land uses. This is also how the LDC provides for calculating residential density, and is how staff has in the past interpreted the FLUE. Since the property is proposed for a combination of residential and water-dependent, water-related uses (no commercial or industrial uses), staff believes it appropriate to utilize the entire (non- submerged) site acreage in calculating residential density. Based upon the above analysis, staff concludes: 1. The proposed uses for the site may be deemed consistent with the Future Land Use Element. 2. The proposed density for the site (9.48 DU/A) may be deemed consistent with the Future Land Use Element as the Density Rating System provides for an eligible gross density of anywhere between 0-16 DU/A. Consideration should be given to the CCME Goals, Objectives and Policies that encourage a minimization of density in the Coastal High Hazard Area. Conservation & Coastal Mana2ement Element: 1~J:-A-1 EAC Meeting Page 4 of 10 Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. This project is consistent with the objectives of policy 2.2.2 in that it attempts to enhance the quality and quantity of water leaving the site by the collection of surface water runoff in concrete drainage structures, transportation of the flow in a subsurface conveyance system, and directing the runoff to above ground dry detention in six detention areas and drainage swales. A 25-year storm will discharge through the water management system and not directly to the marina from the uplands. The project is consistent with Policy 6.1.4 in that an invasive exotic vegetation removal and maintenance plan will be required at the time of Site Development Plan/Construction Plan submittal. A stipulation has been placed in the PUD document. The requirement in Policy 6.1.8 to provide an Environmental Impact Statement has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Per the PUD document, agency permits will be required at the time of Site Development Plan/Construction Plan submittal. As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. The SFWMD FLUCCS identifies Code 540 (Bay) on site as "other surface waters" and COE identifies "Waters of the U.S." and is shown in Figure 2 of the EIS. The proposed marina is for up to 29 slips. Policy 6.3.1 requires the amount of permitted wet slips for marinas be no more than 18 boat slips per 100 feet of shoreline where impacts to sea grass beds are less than 100 square feet. The proposed marina will not impact any sea grass beds if the vessels leaving the marina stay within the limits of the main channel to the Gulf of Mexico. According to the applicant, the existing shoreline is approximately 305 feet, which would allow 54.9 slips; the applicant is proposing up to 29 slips, in accordance with this policy. A wildlife survey for listed species has been conducted on the site and included in the Environmental Impact Statement. In accordance with Policy 7.1.2, wildlife habitat management plans have been submitted for the bald eagle. The relevant reference to this project that is required by Policy 7.1.2 to be used in preparing the management plan is the "Habitat Management Guidelines for the Bald Eagle in the Southeast Region", llo:L 'Å-- , EAC Meeting Page 5 of 10 USFWS,1987. Policy 7.1.2(2)(d) states, "For the bald eagle, the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season." Per the USFWS Bald Eagle Management Guidelines, restrictions are recommended on new commercial and industrial development, construction of multi-story buildings or high-density housing developments, construction of roads that increase access to nest sites, and use of chemicals toxic to wildlife. Most other sources of disturbance are allowed within the secondary zone during the non-nesting season. The subject site, located within the secondary zone, is proposing a multi-story residential tower. Policy 7.1.2(3), states, "The County shall, consistent with applicable GMP policies, consider and utilize recommendations and letters of technical assistance from the FFWCC and the USFWS in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plans." Included in the EIS is the USFWS biological opinion dated March 6, 2004 for the originally proposed construction of two 22-story residential towers. The USFWS written biological opinion and their recommendations allows for the multi-story buildings within the secondary zone and allows construction during the nesting season with terms and conditions and therefore the eagle management plan is consistent with the GMP. The project is consistent with Policy 7.1.4 in that applicable federal and state permits regarding protected species will be required at the time of Site Development Plan/Construction Plan submittal. A stipulation has been placed in the PUD document, however this stipulation only applies to listed species observed onsite. Per Policy 7.2.1, the marina sItmg criteria was used to determine the appropriate number of docks allowed in order to direct increased boat traffic away from sensitive manatee habitats. A manatee protection plan has been included as part of the EIS. Policy 10.1.1 sets priorities for water-dependant uses in order to protect shorelines where activities will damage or destroy coastal resources. The proposed private marina use falls in the middle of the priorities list. However, the shoreline along the property has already been impacted. Similarly, Policy 10.1.3 lists priorities for water-related uses: Recreational facilities, marine supply/repair facility and residential development, respectively. Consistent with the policy, the proposed plan is providing a I to 'I. A-I EAC Meeting Page 6 of 10 private marina, a marine supply facility as well as a residential development, the first, second and third priorities. Per Policy 10.1.6 regarding new marinas, the applicant has provided vehicular parking, fueling facilities designed to contain spills from on-land and in the water, and accessibility to all public services. Per this policy, a hurricane plan will be stipulated in the PUD document. Sewage pump-out facilities will be required at the time of site development plan submittal. This policy also states that dry storage should be encouraged over wet storage. This project proposes only wet storage. Policy 12.1.2 requires that land use amendments in the Category I hurricane vulnerability zone shall only be considered if such increases in densities provide appropriate mitigation to reduce the impacts of hurricane evacuation times. The applicant states in the EIS that evacuation times will not increase and that this has been reviewed and approved by the Southwest Florida Regional Planning Council and Collier County Emergency Management Department. No documentation has been provided by the applicant. VI. MAJOR ISSUES: Storm water Mana1!ement: The subj ect site lies in an area referred to in the County Drainage Atlas as "Miscellaneous Coastal Basins" because it discharges directly into the Gulf. Since there are no downstream properties, water quantity (discharge) requirements are not a consideration. There are no County stormwater facilities in the vicinity of the project. Water quality retention must be accounted for in compliance with the requirements and standards of the FDEP and the SFWMD. Environmental: Site Description: The subject site is a lO.45-acre former commercial marina. No native habitat is present. Wetlands: The subject site contains 0.43 acres of open water, the shoreline composed of sea wall and boat ramps. The submerged bottom of the bay is ~.,. ,.._.~.~--~......-.,.__..,---~--~' Ib:L A-1 EAC Meeting Page 7 of 10 composed of soft sediment lacking sea grasses within or immediately adjacent to the project boundary. The applicant proposes to excavate a 1.8-acre marina basin and reconfigure to accommodate up 29 wet slips. Preservation Requirements: There is no preservation requirement for the subject property. Listed Suecies: The project site is developed and does not contain listed species. The West Indian Manatee may occur within waters near the project site. The majority of the site is located within the secondary protection zone of bald eagle nest CO-019. This nest is located approximately 830 feet northwest of the project site occupied by a pair of eagles that have successfully fledged young during each of the last four consecutive nesting seasons. As part of the biological opinion from USFWS, the applicant proposed enhancing the reconfigured marina basin for flushing by planting the terminal ends of the bay with 0.82 acres of mangroves. This proposal has been withdrawn by the applicant and is long longer included as part of this plan. VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development Amendment No. PUDZ-2004-AR-5967, "Coconilla" with the following stipulations: Stormwater Manaeement: 1. A Surface Water Management Permit or an Environmental Resource Permit must be obtained from SFWMD for this site. SFWMD may defer to FDEP because of the location. Environmental: L Add the following language to Section 6.8 of the PUD document: "Draft restrictions will be in accordance with the Manatee Protection Plan in affect at the time of Site Development Plan/Construction Plan submittaL" 2. Amend PUD document 6.8 C to read: "This PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected species onsite. A Habitat Management Plan for those protected species shall be submitted lbJ.Ar EAC Meeting Page 8 of 10 to Environmental Services staff for review and approval prior to final Site Plan! Construction Plan approval." 3. Add the following language to Section 6.8 of the PUD document: "Any amendment to the Bald Eagle Management Plan shall require review by the Environmental Advisory Council or any successor body. This requirement does not preclude any other hearings required before the Collier County Planning Commission or the Board of County Commissioners" 4. As part of the biological opinion from USFWS, the applicant proposed enhancing the reconfigured marina basin for flushing by planting the terminal ends of the bay with 0.82 acres of mangroves. Add the following language to Section 6.8 of the PUD document, "Until such time as the biological opinion is modified or written authorization is received from USFWS, the requirement to enhance the reconfigured marina basin for flushing by planting the terminal ends of the bay with 0.82 acres of mangroves remains part of the biological opinion and shall be included and shown as part of final site plan approval." 5. Add the following language to Section 6.8 of the PUD document: "Petroleum cleanup at the subject property shall meet the standards as described in 62-770, Florida Administrative Code (F .A. C.). During storage tank removal and closure, a significant amount of contaminated soil was removed and stockpiled. A discharge report form shall be filed as required by 62-761, F.A.C. and a site assessment initiated as outlined in 62-770, F.A.C. During Phase I & II site assessments provided by the applicant, some sampled areas other than the tank pit area were found to have exceeded state cleanup target levels. A re-sampling shall be required for all contaminants that exceeded soil or groundwater cleanup target levels as defined in 62-777 F .A.c. Results shall be submitted to the Collier County Pollution Control and Prevention Department for their review (attn: Phil Snyderbum). If the re-sampling of these areas confirms that state cleanup target levels are exceeded, a site assessment will be required for the areas exceeding the state cleanup target levels in 62- 777, F.A.C. in addition to the site assessment already required by 62- 770, F .A.c. in the former tank pit area. Remediation scopes will be determined by the site assessment(s) result(s) and conclusion(s). Cleanup shall be required prior to SDP approval." PREPARED BY: ""._--...--...._"""'.._...._-".,.-..~~. ., lfo:L AI EAC Meeting Page 9 of 10 STAN CHRZANOWSKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT SUSAN MASON DATE SENIOR ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT MIKE BOSI, AJ.C.P. DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 11oJ-41 EAC Meeting Page 10 of 10 REVIEWED BY: BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT DATE WILLIAM D. LORENZ, Jr., P.E., DIRECTOR, ENVIRONMENTAL SERVICES DEPARTMENT DATE SUSAN MURRAY, AICP, DIRECTOR, DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Fiala Halas Henning Coyle Coletta / foX A: ~ / COLLIER COUNTY AIRPORT AUTHORITY MINUTES OF MONDAY, JANUARY 10,2005 MEMBERS Robin Doyle PRESENT: Gene Schmidt Jim Peterka Dennis Vasey Byron Meade R. Rewis Steve Price ST AFF: Theresa M. Cook Winona Stone Thomas Palmer John Kirchner Debra Harnaga PUBLIC: Carol Glassman Mike Taylor Tammie Nemechak Stan Vaughn Jim Warner I. MEETING CALLED TO ORDER AND QUORUM CHECK Meeting called to order at 1 :00 p.m. A quorum was present at 1 :00 as five (5) Board members were present. All seven (7) Board members were present as of 1: 10 P.M. because Mr. Peterka and Mr. Rewis arrived at that time. III. APPROVAL OF AGENDA Theresa M. Cook recommended that an "add-on" item be added to the Agenda outside of Authority's normal Agenda add-on policies. The policy, in the Administrative Code, provides that non-emergency agenda add-on items should to be submitted to the Executive Director at least five (5) days before the scheduled meeting of the Authority. Chairman Doyle entertained a motion to waive the policy for this add-on item. Mr. Vasey motioned to waive the usual policy for this item, which Mr. Schmidt seconded, and the motion to add the item to the Agenda was approved by a 7-0 vote. Recommendation of BCC approval to increase a grant added to the Agenda as the first item under "New Business." Administrative Code Section 140.06 was added to Agenda under "Old Business" for discussion. Thereafter, Mr. Vasey made a motion to approve the Agenda as amended, seconded by Mr. Schmidt, and approved by 7-0 vote. V. APPROVAL OF MINUTES The December 15,2004 Minutes of the Authority were approved by a 7-0 vote after motion to accept by Mr. Vasey and second by Mr. Price, and following discussion ofthe intentions regarding status of Deputy Sheriff subtenant at the Immokalee Airport. IV. EXECUTIVE DIRECTORS REPORT Operating & Capital FundingfProiect Report. The Authority's Executive Director, Theresa M. Cook, advised the Authority that staff will attempt to ~x~,ditethe budget process to decrease recurring lag times by one (I) month. Theresa expects to a g t the proposed draft of the Authority's annual budget to the Authority I1femb~,_ . _ _ k, and she hopes to receive comments by Feb. 1 to try to finalize the propose budget not Jroc..:t ì f ;+ L- H: IAA-Minl!tesAndAgendas\2005\J -J 0-05 minutes.doc r _".... ................ 11.ø:z. 14 ól¡ later than February 14. Theresa will also investigate budget variances in "Rentals, leasing and others" and "Operating Expenses" and report back to the Authority members. Initiatives will be to add clarity to the Authority's budget. Theresa M. Cook plans to meet with representatives of the FDOT & FAA on January 20, 2005, regarding the Authority's I-year and 5-year plans. She advised that the Authority is working on a USDA Rural Grant while the EDC is completing its Enterprise Florida Grant. Immokalee Permit Time Line. Chairman Doyle and Ms. Cook met with the Department of Fish & Wildlife (in Vero Beach) regarding the permitting timeline, which needs to be expedited as much as possible. Fish and Wildlife is cooperating with the Authority, and its staff approved that the Authority can seek approval for Phase I as distinguished from the entire l500-acre proj ect. Fish and Wildlife staff said it was possible that our application could even be acted upon within two (2) weeks. Art Ross Lease. It was noted that the Executive Director is authorized by Ordinance and applicable law to negotiate a Sublease with Art Ross because of the nature of the proposed Sublease uses, but not for a Sublease a term that exceeds twenty-nine (29) years. The Suhlease must be approved by the Authority (and by the BCC as the contemplated Sublease is to have a term in excess of five (5) years). Hornet Aviation. Termination letter has been drafted and will be forwarded to Patrick Lee. Chairman Doyle made a motion that Chairman Cook sign the new 5-year Sublease agreement with Applied Physics Corporation d/b/a Hornet Aviation pending approval of from the County Attorney's Office and Theresa. Mr. Vasey seconded the Motion, which was approved by a 7-0 vote. Sheriff Deputy's Residence. Chairman Doyle made a motion to terminate the lease in 30 days if the tenant does not become current on his rent. If the tenant becomes current on the rent, staff will work with the tenant to allow a reasonable time to vacate the premises, conditioned upon the tenant proving that he is moving forward in good faith with the construction of his new residence, and staff confirmation that the condition of the premises pose no health hazards. Motion seconded by Steve Price and approved by a 7-0 vote. Marco Island ALOP. Theresa plans to meet with FDOT and FAA about updating ALOP for Marco to possibly extend the ramp area. Staffing Review. The Executive Director will review staffing and responsibilities and make recommendations to the Board by February 14. VI. CAPIT AL IMPROVEMENTS The Everglades taxiway project has been extended. It is over in terms of days, but it is under budget. The Asphalt is down; but density tests need to be completed. The Beacon is scheduled to be delivered in February 2005. H: IAA-MinulesAndAgendas\2005\1-1 0-05 minutes.doc /102 14~ Everglades is having a Fly-In next weekend. If allowed by the Authority's Administrative Code, the Executive Director can make her decision to reduce aviation fuel prices at the Everglades Airpark during this Fly-In. VII. OLD BUSINESS Administrative Code provision 140.06 relates to "conflict of interest abstention". Each time a Member ofthe Authority abstains from a vote due to a conflict of interest, the disclosure form must be completed by that Member. Staff will keep these blank disclosure forms on hand to expedite their completion and signing by the respective Authority Members as required. VI. NEW BUSINESS Recommendation made to approve amendments to three (3) Hole Montes work orders increasing only extension oftime and no fiscal impact, subject to County Attorney's review and approval. These three (3) Work Orders do not impact the budget. Motion to approve made by Mr. Vasey, seconded by Mr. Price, and approved by vote of the Authority. A recommendation was made to approve the request to the BCC for a budget amendment (increase) of$115,000 for the ERP and to increase a grant by $40,000. Motion passed 7- o after motion to approve made by Steve Price and second by Mr. Vasey. This recommended budget increase is on the BCC's Consent Agenda for January 11,2005. The tentative date for the "official" landing of Skytruck at Immokalee is February 10, 2005, subject to change of date depending on Governor Jeb Bush's schedule. He has been invited to attend, but his office has not replied as yet. Mr. Peterka suggested we get out in front to correct the incorrect public perceptions that the County funds the airports and such funding is a loss, because in fact the positive economic impact of the County's three (3) Airports far exceeds the monetary amounts of county funding these three (3) airports. Mr. Peterka requested that Theresa M. Cook include $50K in the budget to pay for an economic impact analysis. Mr. Peterka said that a 2001 FDOT study concluded that at least sixty-one (61) jobs depend on the Immokalee Airport, and the Immokalee Airport alone contributes almost $5M annually to the area's economy. Just prior to adjourning the meeting, Chairman Doyle commended the Authority's new Executive Director, Theresa M. Cook, for her services, with specific mention of her attention to details. X. Meeting adjourned by Chairman Doyle "without objection." H: IAA-lIlinlltesAndAgendas\2005\1-1 0-05 minutes. doc ....,--_.""~~_. /"::L'Å 3 lIaM.,,'" þac~ M.s.1 M. At.C"'SOIY 6o"''''''tu 2885 Horseshoe Drive South Naples, FL 34104 February 3, 2005 AGENDA I. CALL MEETING TO ORDER II. ATTENDANCE III. APPROVAL OF MINUTES: January 6, 2005 IV. APPROVAL OF AGENDA V. TRANSPORTATION SERVICES REPORT: A. Budget Report - Liz Deleon VI. LANDSCAPE MAINTENANCE REPORT: CLM A. Proposal VII. OLD BUSINESS: A. Drainage - Regatta Comer - Lew Schmidt B. Trash Containers - Bob Petersen C. Benches - Bob Petersen D. Dumpster - Carol Wright E. Signs/State Park - Bob Tipton IX. SUB-COMMITTEE UPDATE'S: A. Utilities - Charles Arthur B. Sidewalks - Carol Wright C. Maintenance - Lew Schmidt D. Tax Analysis - Bud Martin E. Liaison - Dick Lydon VIII. NEW BUSINESS A. Project Ideas for Gulf Shore Drive B. Baker Carroll Point - Bob Petersen XI. PUBLIC COMMENTS XII. ADJOURNMENT The next meeting is scheduled/or February 3,1:00 PM, 1005 AT ST. JOHNS PARISH LIFE CENTER 625111111 Ave. Naples, FL :,\1" '~:/Ž' ,-, \.íÇ.... 7-"" "J ' J b::z. A 3 ,.'. i,-"" ( lIøM-"" ø..,~ M.s.7 J4. Ad";SOlY 60".".;ttllll 2885 Horseshoe Drive South Naples, FL 34104 SUMMARY OF MINUTES & MOTIONS TanuaIY 6.2005 III. Approval of Minutes: December 2,2004 Sub-committee met with Bob Petersen - not Robert Kindelan. It was noted as a matte of record "what is said and what was meant to be said" cannot be changed in the minutes. Clarification is on tape. Sentence structure was changed to reflect "power lines need to be installed before sidewalks. Charles Arthur moved to approve the minutes of December 2, 2004 as amended. Second by Lew Schmidt. Carried unanimously 5-0. N. Approval of Agenda Bob Tipton was unable to make the meeting and is scheduled for the February meeting. Dick Lydon moved to approve the Agenda as amended. Second by Bud Martin. Carried unanimously 5-0. V. Transportation Services Report: A. Budget Report - Liz DeLeon submitted the Budget and covered the various line items. Bud Martin moved to approve the Budget as submitted. Second by Charles Arthur. Carried unanimously 5-0. Committee is working on the following: · Code Enforcement on issues with dumpsters and signs. · Commissioners and Budget Department on financing burying utility lines. · Sidewalks · New Project ideas: removing sod and planting annuals and perennials on comers of fmger streets, turnaround by State Park, (~g£;~sed with Bob Tipton), street signs, off parking for working b~ 'f.lI~ and concrete tables. v~ ) {oW)/Jg .3 ~,}: /føZ A:3 IfØllli.,"" þac~ M.s.7.IL Ad,,'sory 6olftlft'''u 2885 Horseshoe Drive South Naples, FL 34104 January 6, 2005 Minutes I. Meeting was called to order by Chairman Dick Lydon at 2:02 PM. II. ATTENDANCE: Members: Dick Lydon, Charles Arthur, Carol Wright, Lew Schmidt, Bud Martin Collier County: Bob Petersen-Landscape Operations, Liz DeLeon-MSTU Coordinator, Val Prince Others: Sue Chapin-Manpower Services III. APPROVAL OF MINUTES: December 2, 2004 _ Page 1- VI- Landscape Maintenance Report - Sub Committee met with Bob Petersen - not Robert Kindelan. _ It was noted as a matter of record "what is said and what was meant to be said" cannot be changed in the minutes. But clarification is on tape. _ Page 3 - 4th bullet. Sentence structure was changed to reflect power lines need to be installed before sidewalks. Charles Arthur moved to approve the Minutes of December 2, 2004 as amended. Second by Lew Schmidt. Carried unanimously 5-0. IV. APPROVAL OF AGENDA Bob Tipton was unable to attend the meeting and has re-scheduled for the February meeting. Dick Lydon moved to approve the Agenda as amended. Second by Bud Martin. Carried unanimously 5-0. V. TRANSPORT A TION SERVICES REPORT: A. Budget Report - Liz Deleon Liz distributed and covered the various lines items of expenses and revenues. (Attached) Bud Martin moved to approve the Budget report as submitted. Second by Charles Arthur. Carried unanimously 5-0. VI. LANDSCAPE MAINTENANCE REPORT: CLM (Robert Kindelan) · Normal maintenance the past two months. · Finish mulching today. · Grass dries due to watering restrictions twice a week. · Broken irrigation line from someone digging - will investigate and report next meeting. · $5,000 had been authorized for plantings. Committee expressed accomplishing this as soon as appropriate. Robert asked the Committee to communicate with him on any problems that may occur such as quality of work, plantings, or any other situation they encounter. Nothing has been directed to or discussed with him personally. 1 ....... .---._,_.-~.,.,,~--- /6IA3 Lew agreed that communication has been lacking. They will hold regular meetings with the sub-committee to alleviate any misunderstandings and have better communications. Communication is very important with the County, the Committee and the Landscaper. VII. OLD BUSINESS: A. Drainage - Regatta Corner - Lew Schmidt Contacted a firm Kramer Triad. They have responsibility for the Dunes and Regatta. Lew will meet with Mike Marrow next week, do a walk-through and discuss the flooding issues. A report will be given at the February meeting. B. Trash Containers - Bob Petersen will discuss it with the Landscape Sub- Committee and make recommendations at the next meeting. C. Benches - Bob Petersen Will check further into a maintenance free bench and report at February meeting. D. Dumpster - Code Enforcement Carol Wright has been in touch with Michelle Arnold, Code Enforcement Director. She will get back to Carol concerning the 3 sided fence. (Beach Door) Discussion followed on the unsightliness of the dumpster, the area and a possible change to the Land Development Code. It was decided to get the infonnation back from Ms, Arnold before they contact the County Commissioners. If the business changed owners, it should be brought up to the current Landscape Code to hide any type of ugliness. . Another complaint was made by Lew of a sign hidden behind the trees - lettering has been removed with the structure remaining. Code Enforcement informed him they have to be patient. Dick will find out who the owners of the Beach Door are and contact them. E. Signs/State Park - Bob Tipton Rescheduled to appear at the February meeting. IX. SUB-COMMITTEE UPDATE'S: A. Utilities - Charles Arthur On December 15th his sub-committee met with Commissioner Halas. Commissioner Halas and County Manager Jim Mudd are interested in burying of the utility lines. They don't feel they have the support of the other Commissioners for a majority vote because of the franchise vote and raising taxes. Getting the County to do it would not be feasible at this time, but indicated the County could finance it for them with a payback from revenues over 7 or 8 years. They will meet with County Manager Mudd and Mike Smykowski, Budget Director. Lew stated a report was given at the VBB Property Owners Association on Jan. 3rd. A motion had been made that the VBB Property Owners support the MSTU investigating further into the possibility of burying utility lines. It was suggested that if and when they bury lines and it is a burden to do the entire area, they would like to prioritize Gulf Shore Drive first. B. Sidewalks - Carol Wright (Val Prince gave a report) Jackie Bammel will work on the sidewalk project with the County; seeing it is not an MSTU project. She has the plans from Carol and will contact and work with Val Prince. The County will still keep the MSTU informed of all transactions dealing with the sidewalk. Val explained the process that is and has been taken on the design and construction of the sidewalk. The County has a "Box Pathway Fund" of 2 /10"1- A3 $500,000 of which there are funds allocated for the sidewalk on Gulf Shore. Some of the discussion was as follows: · Processing LAP Agreement · SFL WM permit required and issued · Doing change order · Would prefer doing short form · Paperwork will be done in July · Costs of both sides was discussed - West side is approx. $160,000 · Notifying Homeowners is important to do soon. (Homeowners reviewing plans would be goodwill) · Discussed plantings in median and/or roadways after sidewalk is in- need to address space and irrigation. May need a landscape architect. A lengthy discussion followed on right-of-way, sod, irrigation and landscaping the area. MSTU is willing to participate and cooperate with the Homeowners and County. C. Maintenance - Lew Schmidt Sub-committee will meet for purpose of reviewing Robert's monthly report. Will also meet with Bob Petersen, Liz and Robert on new plantings and replanting. D. Tax Analysis - Review Bud Martin's report from August meeting No further report. D. Liaison - Dick Lydon A piece of information Val talked about was the two pedestrian bridges on Vanderbilt Drive. They are doing the LAP paperwork and working with Grady Minor for design and a prefab structure. They will keep the MSTU informed of the progress and show them the plans when available. VIII. NEW BUSINESS A. Project Ideas for Gulf Shore Drive · Turnaround by the State Park - address with Bob Tipton · Remove sod and plant annual or perennials on the turn-off areas to the finger streets . Various streets and areas were discussed. Robert/CLM will submit cost proposals and varieties of annual and perennials for the areas at the February meeting. · Street signs similar to Pelican Bay on Gulf Shore Drive. · Off parking for working buses at the LaPlaya (Beach & Bay project) · Burial of Utility Lines · Concrete tables -Vesci Realtors may help. XI. PUBLIC COMMENTS - None XII. Being no further business to come before the Committee, the meeting adjourned at 3:45 PM. The next meeting is scheduledfor February 3,2:00 PM, 2005 AT ST. JOHNS PARISH LIFE CENTER 625111TH Ave. Naples, FL 3 OWlt".) ..~ ~~ ;::"1 Q:I t ::::s-'=' ... !is It".) ~<J)~~ ::!: ~ e-~ ~..:::<J)~ z¡¡.s~ ::::s"~'B- "''::8~ :-;:t'I -'=' .. .. .. ~-'=' ;: .s ~o '" o a. '" Ü :¡ '" o a. '" Ü :¡ ~88~;88888888888'~ 8 ...J .w"'8 ~ !iÌ 8 :;:¡ cO 088 0 s! !iÌ g 8 g 8!iÌ 8 8...·. <o.~ N 00 is 0 0 '" 0 is ¡s '" NON ¡;:; II) ~'~'~t~~~~ ~ ri~ i~ ~ ~.~~~ ~ ~~ ...~~~~.~'~~~~~~~~~~-~ ...J0(/)8~00~"'0~:g8°~00~000 ~zi'~~ ~~ ~~ ~ ~~æ~OO ~ 00... A s.1:i ~ ~ ... ...(/)0 ...00 _ZN ::E:;:¡. ~~2 u 888888~g88~88g888= OOQ~go~~oò~gd~~d2~ coco...-Iot) ìñ~ <DÕ WS .a; a;j ~ aS~ '" "I ... ...~88888888gg8g88g8= 0...J(/)q.s!!iÌ00oo08!iÌs!0!iÌ°88°· ~.....It¡j3~csõ.g~g~ ~g~'f"'~~g~Ñg.~(W) '~ z~o~oo....ooo 0..."'''1''1.... N WWC.N 'f"'~ . T""" . ::E>:;:¡q ~ <ora", o ... ...z... WWO o::E~ 00. :;:¡z~ raWO ::EN < 0...... WWO "'o~ ~o. ...:;:¡O ~ra~ II:: ... ~W(/)O ¡;;~!i!~ O...:;:¡~ ~¡¡\L~ ...J ~...:g u...W<:> ua.8~ ra8:;:¡~ <ra~ '" o o "I ..,: .8 E 4> 15. Q) en Q) 4> = Ë E o Ü ::> ... en ::< :>. CD ." 4> 1i) 4> " CT II> a:: 1ü E (; IL gggggggggggggggggl 000000000000000000 ~8g88888g8g8888g "':°8'000008'§'00002'8' .....0 00 00 0000 œOQOO 1ot)0_ ~ONO M ø....ctio O~(i'fÑÑ "Ct-": N -"lilt,... . ,.... gggggggggggggggggl cicicicicicicicicicicicicicicicicie ~oooooooooooooooo. _OOOOOOOOOOOOOOOO~ ~ggggciggggggggggci~ COOOOO Il)O..-OLt)ONONt") cti"':V-ttió Ó"':rriÑÑ"· N ........_ ... T""" u; ~ o I~ <:: " o Ü IU; ~ '~ 4> (J) ¡;; '<:: '" 1 (J) Q¡ W .<:: ~"'w 0 :;;: W (J) ~o ..._ Ü w' wO ZW Z ü::< II::UWW~ < 5W :;:¡...w::< Z a::~(J)w "'UILW~ W w~_ ÕWW(J)w (J) ... (J)~~ø ffi~<~(J) a. ~ (J)(J)~~i ~gffi~~~; ~::< 5~~~ W ~w~ ~~ W ~ ~~øCD oa::ü ~ø a::æIL... ~a::~a:: ,~~ ëw ~ø~~ ~W~§ øo...::<~a::>-¡¡¡ '::<(J) ~J:_a:: Z ~üZd~~~(J)WII::a:: ~(J)a::~< ffis8,E~~~ii~ ~~~oi ~Wffi~~~...ffi~52~~ffi~ffi~ Ø~J:Eë(J)~"'::>=æ~~J:~J:~ æ~ö88~rn~~~~~~ö~öŒ W II:: :;:¡ ...w õ8 ffiu a. )( W Mommmooooo~=ooooo o~mmm~ooo=~~om~m~ .mmmmm~~~~MM~mMm~ ~~~~~~~~~~~~~~~~~ II:: ...w (I)'" oz uw u MMMMMMMMMMMMMMMM ~~~~~~~~~~~~~~~~ NNNNNNNNNNNNNNNN ~~~~~~~~~~~~~~~~ O. O~ o~ ~ .. I ~ ! o o o g ~. ~~ ... o o o o o o ~. ~ ... o o o o o o o N 0_ ... ~ < ... i[ < ü (J) ... Z W ::< W > o a:: a. ~ o o .., 00 ~ - '" ~ "I 00 . I ~ i 8~g: ~~~ ~ ..¡ v~ N rï¡ I . ~ 5 ~ ~ - o - <:> I . o II Q 5 I I I 88 00 00 00 cid 00 00 60 88 cici 00 00 00 g8 00 00 00 00 00 00 cici b:ib:i ~~ ffiffi ~~ <?o ~~ Q;fß üa:: zw æ~ tf!=-- 00 00 "IN ..."1 ~~ """" - 00 ~~ "'''' '3;'3; ! g888 ogoo '" ~ ... .. ! 000 000 000 ! 0000 0000 0000 I .. 8gg · ., ·II~I"'I 88g ... ~.fIi "I... ! 0000 0000 cio06 ~ II <:> 000 000 000 - o g8g8 ogoo '" ~ ... I ~ i 88g 888 ... ~""¡CD "I'" 8 ci 0000 0000 0000 ... II . 000 000 000 . o gg88 0800 '" ... '" ... I ... ª .. 000 000 odo 000 ... -:..«i "I'" ! 0000 0000 coco I I ~ '~ II> (J) ¿ Ë ." < ::> ... g¡wtlJ 'WIL IL , ::::1R: 0< (:!üa: (J)xo ::<~Œ a:: O(J)(J) üa::a:: z~~ ::>(J)(J) oZZ ...~~ a:: 1-... ~tütü (J)oC) Zoo ~::>::> ~CD.fE. ! 0000 0000 0000 o .., rò '" ... 000 ...00 ...~oo ...00 .....,'" ">en '" 000 "I"'''' 000 "''''''' N"'''' "''''''' I i ... Z a::W ° a:: _a:: a::::> a.Ü ~~ ZZ ww (J)>-::<::< W~WW Ü...(J)(J) z::>a::a:: wo~~ ø~::<::< z<__ ~~~~ O~I-'" üüzz a::a::WW ooºº IL\LÜÜ (J)(J)ÜÜ ww« »üü a:: a:: ¡¡:¡¡: WWu..I.L. fßfß~~ a::a::...... 0000 OOOM 00(11').,... .,...r')mm Ø)C)(O(O mmMM 00 00 '" '" ;;:;0; ...., -,-"'_..._".;"._..,,-----_.._._~..~>'~.,.."- I .. ~ ! 8. o I ! 8 ci 8. " .. ! - I ~ ~ ! I 110 :T- I t! i ~ ~ I ~ .. "'= II . .. ~ ~ II <:> i ... II o . ì .. .., ~ o .. I J43 '" o o "I ~ (¡j 1ü o £ è: II> '" '" a. '" ~ "I 00 , '" .... .. :¡s (¡j ." <:: '" ~ '" .... ::> ... (J) ::< .<:: o '" II> CD .. :¡s Q¡ ." <:: '" ~ en '" o ~ ~ 5 en ." <:: '" ~ i 5 en ." <:: '" ~ ~ ;:: ;: ~lr.) ~Q ~Q ~~ ~~ rJJElr.) ~~~Q ~ ::t= ~~ u~~ ~~Q~ ::s~:~ ~~QU'} ~~~ ÞOoo.¡ ~ QQ ~ ~~ ~.... ~a ~ Ç31I) 0° WO rx~ >g WO rxN >11) WO rx~ I-~ enO WO N I- OW we -'0 £00 o rx I-W en I- Oz OW o ~C')C')O~OOO I"-Ol"-ONOOO MMNO"":OOO ~C')~ 00_"- N l"- I"- ~ 00000000<00 00000000..-0 OOOOOOOo..ro 00 01"-0 ~LO OOOOC') <!:ir-: ai<!:i<!:i ..- ~NC') I"- <0 - W ..J I- ¡::: W ::J Z W > W rx rx rx~ ~~ >-z rxUJ orx _rx rx=> c..ü 1-1- ZZ UJUJ UJ 00 O=> ÜÜ UJdj (f) üü rx> UJ «« UJUJ (f) ~ S:2S:2 ~rx UJ I-rx~~<i::JO ~ ~o««rx~~ I- UJl-rxrxUJ « ~ I-rxüI-I-ZUJ~ UJ (f)OUJrxrxUJu...- rx UJ...J:::JOO"O~ o rx«Ou...u... I , UJ ...J UJ>üI-I-Oou... «>«~O><ZZ~~o CQ_««UJUJ............ O(f)I-I-I-~~s:s:cft « I ZZ I UJUJrxrxLO I-I-UJUJI-~~OOUJ Z(f)~=>(f)I.L.I.L.u...u...> UJUJl-oUJffiffi>->-¡::: rxrx(f)zrx~~rxrx« rx~~:J~__rxrx" =>ZzUJzUJUJ««UJ ü__o_rxrxüüz 00000000..-0 Ol"-OOONOC')OOO ..-..-..-NC')C')..-NNO> ..-..-..-..-..-0>0>0>0>0> ..-<0<0..-<0<0<0000000 C')C')C')C')C')C')C')~~~ C')OOC')C') ~oooo~~ LOOOLOLO NO>O>NN <00000<0<0 ..-0>0>..-"- o ..- o 0> ..- 0> o o o "it ..... o N N as ..... "it (Ø .... "" ..... N ~ (Ø C"'t .... >- rx c( :IE :IE ::J en W ::J Z W > W rx o ..- o 0> ..- 0> ~,.",,,__...,......_,._._~_",.,,,,_.,._,..~.~,____,_..>__..,_,'.m__'___"'___ 0 /0-::t A- 3 JIt,~ 11-1./ Citizen Corps Advisory Committee Agenda January 19, 2004 3:00 Pledge of Allegiance Chairman -Opening Remarks -Roll Call SherifPs Office CERV Fire Chiefs CERT CAP USCGA Red Cross Veterans Council RSVP Salvation Army Chamber of Commerce 3:05 Approval of Minutes Chairman 3:10 Chamber Award Reg Buxton 3:15 Threat Update CCSO 3:20 New Business Chairman · Medical Reserve Linda Chiarello · Other 3:35 Old Business Chairman · Local Mit Strategy · Art for new ESC Rick Zyvoloski Jim von Rinteln 3: 5 0 Other Issues 3:55 Next Meeting/Adjourn Chairman Feb Meetinq Will Be Held AT USCG Auxiliary Station Naples If possible a starting time of 2:30PM would be great instead of 3PM as trying to get the new fast boat down for tour from FT. Meyers. / C:, -:L A-4/~ COLLIER COUNTY CITIZENS CORPS ADVISORY COMMITTEE August 25, 2004 Voting Members Present: Carol Pahl, Chair Deborah Horvath, American Red Cross Robert Rohland, Salvation Army Capt. Scott Salley, Collier County Sheriff's Office Tom Kuznar, Civil Air Patrol James Elson, Collier County Veterans Council Gerry Sugarman, RSVP Walter Jaskiewicz, Coast Guard Auxiliary Voting Members Absent: Reg Buxton, Greater Naples Chamber of Commerce Chief Don Peterson, Collier County Fire Chiefs Assoc. Nelda Miller, CERV Lillian Tomasko, Emergency Management Volunteer Coordinator, representing Nelda Miller. Jim von Rinteln handed out and discussed Situation Report #36 on Hurricane Charley, with status by County. Compared to Andrew, recovery is a lot smoother and quicker in Charlotte County. Still a long way to go to get things put back together - they should have power on by next week. Pictures of Captiva Island after Hurricane Charley were shared. Newly constructed homes seemed to withstand the hurricane much better than the older homes. Another depression is out there that will probably become a hurricane - keeping an eye on that. Remember, it is still hurricane season, and a very active one. Still in Orange Mode for Homeland Security in New York and Washington, D.C., and Yellow everywhere else. As we get closer to Election Day, the likelihood of al-Qaida and their associates trying something is pretty high. Keep this in mind. Per Captain Salley, we still need to be mindful of security threats. Discussion of storm surge - reason we didn't get the high storm surge we expected is that the storm did change course unexpectedly. It would have been far more devastating had the maximum surge for a Category 4 hurricane come ashore and gone into Port Charlotte. A surge is like a high tide coming in quickly and then very slowly draining off. Most people don't understand the danger from storm surges. Emergency Management staff did a fine job explaining this. Found that some people who were evacuated got angry that they didn't need to be evacuated - we would rather rule to the end of caution. Categorizing a hurricane (3,4 or 5) does not determine the monies received from FEMA. /(;,X Â if Lack oflocal media coverage was identified as a problem. Civil Air Patrol commended all agencies that have gone to Charlotte County to provide aid. c.A.P. was thanked as well. 500 hours donated by CERT team. The County took care of our County, and then deployed staff North. Status Report has to be ready for the Commissioners September 27, 2004 - only have one more meeting until then. Need comments on draft in three weeks. Jennifer Belpedio discussed the Sunshine Law - do not meet or talk with each other on the Status Report; however, it is okay to email Jim von Rinteln and copy other members and okay to discuss it in the Citizen Corps meetings. Will go through it again, vote to approve the final report and then schedule the Chair to present it to the Board of County Commissioners. Old Business: Chief Peterson is resigning from the Citizen Corps due to other commitments. Gerry Sanford, PIO for the North Naples Fire Department, will take his place. He should be here next month. Citizen Corps will present a plaque to Chief Peterson, thanking him for his service of almost two years. The Commissioners have proclaimed September Freedom Month for Collier County. There will be a 30-minute special program on the courthouse steps on Sept 11th at 8:30 a.m. to remember those who were involved in the 9/11 tragedy. Next meeting is scheduled for September 15,2004. Meeting adjourned. /foX AL/ COLLIER COUNTY CITIZENS CORPS ADVISORY COMMITTEE September 15,2004 Voting Members Present: Carol Pahl, Chair Deborah Horvath, American Red Cross Capt. Scott Salley, Collier County Sheriff s Office James Elson, Collier County Veterans Council Gerry Sugarman, RSVP Walter Jaskiewicz, Coast Guard Auxiliary Nelda Miller, CER V Tom Kuznar, Civil Air Patrol. Voting Members Absent: Robert Rohland, Salvation Army Reg Buxton, Greater Naples Chamber of Commerce Meeting called to order and roll call taken. No minutes to review because of contingency plans with the hurricanes. Copies of all hurricane threats are available from Jim von Rinteln. Hurricane Ivan is impacting Mobile Bay - lots of wind and surge. It's hard to tell if Tropical Storm, (soon- to-be-Hurricane) Jeanne will impact the continental U.S. If so, it will be on the East Coast. Will keep an eye on this one, as it could still impact us. Homeland Security Update with Captain Salley - Looking at the similarities in Madrid, Russia and Australia just prior to their elections, and looking at our own November elections. New Business: Coast Guard Auxiliary has prepared a brochure developed to inform mariners what to do with boats during a storm. Collier County and the City of Marco were involved in this. It was an expensive proposition - booklets cost about $4.50 each. Seminars were put on, but they were still inundated with calls from people asking what to do with boats during storm. City of Marco has link on their website to this brochure. County to put this on their website also, to alleviate the expense of producing these booklets. Jim thanked all who have volunteered their time during the hurricanes. Reg Buxton will take over the desk regarding local issues, etc. Need to tighten coordination of volunteers - will do another orientation. Captain Salley asked that everyone be aware of any strange vehicles or vessels (day or night). If you see anything suspicious, let them know. We need to be cognizant of other threats, especially during the hurricanes, elections coming up, etc. / ~:z J4rJ./ Old Business: Draft of the Status Report for the September 28th Board of County Commissioners meeting reviewed. If any comments, re-writes, bring them up. Jennifer Bel1pedio, Assistant County Attorney, said these can be discussed today and because the majority is in agreement with stipulations, Jim can go back and make changes. Jim wil1 schedule this document for the Board of County Commissioners agenda and Carol Poh!, as Chairperson, wiI1 present the Status Report to them for their perusal. Next meeting is scheduled for October 20,2004. Meeting adjourned. /&,Z.I4Lf COLLIER COUNTY CITIZENS CORPS ADVISORY COMMITTEE October 20, 2004 Voting Members Present: Carol Pahl, Chair Deborah Horvath, American Red Cross Robert Rohland, Salvation Army Jerry Sanford, Co1lier County Fire Chiefs Assoc. Capt. Scott Salley, Collier County Sheriffs Office Gerry Sugarman, RSVP Reg Buxton, Greater Naples Chamber of Commerce Walter Jaskiewicz, Coast Guard Auxiliary V oting Members Absent: James Elson, Collier County Veterans Council Nelda Miller, CERV Tom Kuznar, Civil Air Patrol Meeting called to order. Roll taken. One addition to the July 21, 2004 minutes - the Commander of Ft. Myers Coast Guard presented an award to Collier County emergency staff Minutes approved with correction. Captain Salley shared a threat update regarding terrorism in the schools. The Sheriff's Office sent an alert to the schools to review and establish procedures, prepare staff, monitor visitors to the school campus, ingress and egress of the facilities grounds, and reporting suspicious activity to law enforcement. Local Fire, EMS and Law Enforcement agencies collaborate with the schools on safety and security. Public should be made aware that school safety is a top priority for Co1lier County S.D. and Public Schools. Regarding national elections - awareness is the key. We are on a high level of awareness. Carol attended the meeting between Emergency Management and Supervisor of Elections office. Amazed at the preparations for safety and prevention taken. Joe Frazier reported that the S.D. has a great handle on the elections, beginning with coordinating with State EOC right on down the line. Jerry Sanford, new Citizen Corps member from the Collier County Fire Chief s Assoc., (North Naples Fire Department) was introduced. Carol announced she will not be running for re-election of Citizen Corps Chair in November. Walter Jaskiewicz and Gerry Sugarman both expressed interest in this position. Jennifer Belpedio, Assistant County Attorney, discussed appropriate procedures for election. There are no particular provisions of law for any nominations of elections. Suggests nomination from the floor, with possible second, then by-voice elections, which Ift:,:z. A- If is a method used by other County Boards. Motion for voice nominations and seconded and carried unanimously. Discussion followed. Need to vote on vice-chair as welL Scott Salley is interested in Vice-Chair position. Walt and Gerry are not interested in Vice-Chair position. Cannot nominate yourself Can nominate now, but election done in November meeting. Carol nominated Walter, Bob Rohland nominated Gerry Sugarman. Carol nominated Scott as Vice-Chaic Will hold vote and change of hands at the 11/17/04 meeting. Maria Snyder from Health Department gave an update from the Governor on the Medical Reserve Corps. Proclamation says out-of-state licensed medical volunteers could work only under the direction of the Red Cross. This eliminated virtually all health department volunteers and Medical Reserve Corps. The Medical Reserve Corps Coordinator called the Governor's office and the State Director of Health and persuaded them to change the Proclamation to read that out-of-state medical licensees could help during an emergency under the Department of Health . Because of this change, we were able to deploy many of our Medical Reserve Corps physicians to help during the disastec We are very proud of Darrell and the :tv1RC. Walter will be attending an Emergency Management Institute 5-day seminar on Homeland Security from November 8-12 on behalf of the Citizen Corps. Will give an update next month. He watched the Coast Guard video airing on CCTV, Channel 11, and the video has produced 6 calls to the Coast Guard station in F1. Myers. The booklet, "What to Do with Your Boat During a Hurricane", received first place award in the National Coast Guard Auxiliary Awards. Thanks to Collier County and Citizen Corps for help producing this booklet. Captain Salley announced that on November 9th from 5:30-7:30 p.m. there will be a forum on domestic terrorism and the Patriot Act, sponsored by Naples Area Chamber of Commerce, Leadership Collier, and Leadership Institute. Speakers include Paul Perez, U.S. Attorney General, the Honorable Dudley Goodlette, Sheriff Don Hunter will represent Region 6, State Attorney General Crist, as well as others. There will be a video ffom the Israel-Palestine talks. The forum will be held at S1. Evangelist Catholic Church on I11th Avenue and they are expecting 500-600 people. See Captain Salley for seats. Fire, EMC, Law Enforcement people are being asked to wear their uniforms. Bob Rohland said this was the largest mobilization in history of the Salvation Army for the four hurricanes, Mobile feeding units and comfort stations were brought in from many states, and as far away as Michigan. Over 2,700,000 meals were served in Florida alone. Old Business: The Citizen Corps Status Report will be presented to the Board of County Commissioners at the October 26, 2004 meeting. It will be a short presentation, and Citizen Corps members are welcome to attend the meeting. / to:¡.. 14 L{ Rick Zyvoloski handed out a copy of the DRAFT Mitigation Strategy - this is also located on the web, ~,Ç_QJJi~rem~Q.Œ. He is available to sit down and talk with anyone about this. The document will be sent to the State today for review, not approvaL Thanks to Reg Buxton and his group for help with this. Changes can still be made, as this is a living document. Copies will be placed at the Libraries for public input. This is being put on the fast track, as grant opportunities are coming available after each disaster. We must have LMS on file with State to qualify for grant funds. Hope to have it ready for Citizen Corps approval by December's meeting, but will shoot for November 1 ih meeting. Next meeting is November 17, 2004 at 3 p.m. Meeting adjourned, Ib::J- A '-I lb· COLLIER COUNTY CITIZENS CORPS ADVISORY COMMITTEE December 13,2004 Voting Members Present: Walter Jaskiewicz, Coast Guard Auxiliary, Chair Capt. Scott Salley, CoIIier County S.O., Vice-Chair Carol Pahl, CERT Tom Kuznar, Civil Air Patrol Reg Buxton, Greater Naples Chamber of Commerce Jerry Sanford, Collier County Fire Chiefs Assoc. Deborah Horvath, American Red Cross James Elson, Co1lier County Veterans Council Gerry Sugarman, RSVP Voting Members Absent: Robert Rohland, Salvation Army Nelda Miller, CERV Meeting called to order. Roll taken. ó Per Jim von Rinteln, there is nothing significant on the threat update. New Business: Jim Elson brought some information in regard to support of the troops. There have been several articles in the Naples Daily News regarding schools sending care packages to the troops. The Barron-Collier H.S. Band has been sending care packages to one particular unit attached to Naples through a couple of the members, the 1st Cavalry in Iraq. School members have been collecting items on their own, i.e. reading material, batteries and personal care items. The kids are packaging the items up, but are having trouble raising money to cover postage costs. Civil Air Patrol. sent packages overseas some weeks ago and will be doing this again in January, probably the second or third week. They can take the kids' packages to McGill and have them shipped out at no cost. Phone cards are also needed by the folks overseas. Jim will get back to Barron-Collier Band with this information. We are looking for art for the new ESC building. If anyone has suggestions, please pass them along to Jim von Rinteln. . Everyone received a copy of the Nomination of Outstanding Advisory Board Member. Looking for nominations rrom the committee to be submitted to the Chairman and Staff Liaison. Will be presented to the County Commissioners. Discussed and reviewed stipulations for nominees. Award wiII be presented at the February 8th BOCC meeting. Deborah Horvath nominated Carol Pahl, which was seconded and voted on unanimously. I"I A-l.( Old Business: Rick Zyvoloski gave presentation on Local Mitigation Strategy. Public meeting was held on December 7th, the Plan was posted on the web and at the Libraries. Minor changes made with tenninology and wiIJ now be presented to the BOCC on December 14th. Reviewed the Plan requirements, the main components and the reasons for having a plan. Currently have about 75 projects on the book. Motion to present to the BOCC made, seconded and voted unanimously. Jerry Sanford, Fire Chief's Association, reached out to people in Charlotte County with monetary donations. $1,300 was received ITom the North Naples CERT team for the Charlotte County disaster victims. Money was used to purchase food. Received and shared a letter of thanks ITom the Volunteer Coordinator at the Charlotte County Emergency Management. Upcoming fire season could be worse because of the debris sti11left from the hurricanes, as weIJ as the low rainfall received. New program included in the Citizen Corps is the Fire Corps Program. Volunteers wi11 help with administrative duties and non-suppression activities, and perfonn education and outreach efforts to encourage fire safety and prevention. Copy of the program is available. Bring suggestions to the next meeting on how to get information out on the Citizen Corps - perhaps a Citizen Corps float in the parade. Next meeting to be held January 19,2005 at 3 p.m. Meeting adjourned. / /foJ- J4Lf Fiala : ~---- COLLIER COUNTY HHa1as . .---.-- CITIZENS CORPS ADVISORY COMMITIEE enntng-----r--------- g~r~~a -~--~-= January 19,2005 Voting Members Present: Walter Jaskiewicz, Coast Guard Auxiliary, Chair Capt. Scott Salley, Collier County S.O., Vice-Chair Carol Pahl, CER T Reg Buxton, Greater Naples Chamber of Commerce Jerry Sanford, Collier County Fire Chiefs Assoc. Gerry Sugarman, RSVP Robert Rohland, Salvation Army Nelda Miller, CERV V oting Members Absent: Tom Kumar, Civil Air Patrol Deborah Horvath, American Red Cross James Elson, Collier County Veterans Council Meeting called to order. Roll taken. Motion to approve minutes for the August, September, October, November and December 2004 meetings as is, and seconded. Threat Update: Captain Salley spoke of two areas of concern: Money laundering by businesses in this area, being monitored closely. Money has been moved from different parts of the world. There is more than one case of this in Southwest Florida. Human trafficking/smuggling. Airport security has reduced this problem in the last 1-2 years, but it is still a major problem, especially in Texas, Arizona and California. MS-13 gang out of Mexico is being monitored. Believe that al Qaida or al Qaida spin-offs are working with these gangs and is training people, who could easily infiltrate our country. Iraq, Iran, etc. are becoming training grounds. New Business: Reg Buxton discussed the Chamber of Commerce Distinguished Public Service Recognition A wards started last year for law enforcement, fire protection, and medical emergency services. Awards are ongoing and will be given again this year. Nominations are due on February 15th, with the awards ceremony being held at the Naples Hilton on April 20th. Nomination forms are available here with the handouts. Awards given last year went to Lt. Bill Ruell, law enforcement, fire fighter Jason Gunkle, fire department, and EMS was Lt. Mike Stolen. Person is surprised with the award at their place of employment and they and their f~Ui~~.~einvited to the awards ceremony. Would like to see a big turnout this year. ..--.,.' J:........ I,-'C"' Walter brought up the fact that President Bush declared January as Nation~i'M~ This is an excellent project for the Citizen Corps. Get the word out to men¡t,ber~ tP/~Í«~'pa~~ in '" .' ItLLL J I r-tL} ,.... ~ 'oj: floI44 some sort of mentoring program. Per Jim, check with Sharon with RSVP to see if additional mentors are needed. Linda Chiarello from the Collier County Medical Reserve Corps and co-chair of the newly formed steering committee spoke. Some history of the MRC, it was formed in 2002 and is a charter program of the Citizen Corps. Medical and public health officials wanted to volunteer, but were not pre-identified. At this point, over 130 health professionals have been credentialed in MRC. These members have been deployed during hurricanes and manned phones with the flu vaccine shortage, as well as administering immunizations. MRC is still evolving. Request a liaison from the Citizen Corps to join the MRC steering committee and attend monthly meetings until some of the organizational hurdles are met. Two handouts - a newsletter and preliminary draft statements were distributed. Per Walter, add this to the next meeting's agenda. Jim said the Medical Reserve was originally part of the Citizen Corps; however, since there was no formal MRC, the Health Department was included as one of the members of the Citizen Corps. Consider recommending that MRC become a primary, representative to the Citizen Corps. Jim introduced Jaime Sarbaugh, new Public Information Officer for Emergency Management. She comes to us from the University of North Texas with a degree in Emergency Management. Another new member of Emergency Management is Mary Ann Cole, Administrative Assistant, who will be helping out with the Citizen Corps duties. Old Business: V olunteer Fair will be held - dates uncertain, Jim will email information to members. Health & Safety Expo on February 5th. Jim spoke on the Local Mitigation Strategy. Everything is on track - it is an ongoing process. Continue to work on your grants. You can review the document online or call Rick Z. Per Jim, the new Emergency Services complex is preparing to break ground sometime in May. Will update at the next meeting. This complex will house the 911 center, police substation, EOC, EMS, Emergency Management, the Health Department's Medical Reserve Corps, EMS warehouse, as well as IT critical components. Should be completed 18-24 months. Approaching local artists to donate or display their work - please spread the word to anyone you might know for art, photos, perhaps a display case for Coast Guard boat models. Contact Jim if you are interested. In the December meeting, Walt asked for suggestions on how to get the message out to the public of what the Citizen Corps is about. Perhaps a parade float, etc. No suggestions. Capt. Salley suggested commercial on the County Channel. Jim suggested that Citizen Corps be incorporated into the hurricane preparedness meetings. Walt brought up that the next meeting on February 16th will be at the Coast Guard Auxiliary Station in Naples at 2:30. Perhaps Jaime could get us some media attention. Will tour the /6:, ::L II Lf station. Naples is 51 years old - the oldest flotilla in the division. Ft. Myers CG station is bringing homeland security fast boat to display, as well as the Sheriff's new boat. Discussion on getting the information out to the public, but can only handle 75-100 people. Jim will email invitations and will see if the Collier County Communication Department can put something on Channel 11 after the fact to use as an advertising tool for the Citizen Corps. John Brown from NCH Health Care spoke regarding the Thursday, May 5th live disaster exercise with the Naples Airport Authority and Collier County Emergency Management Services (basic plane crash). Looking for about 50 volunteers, role-players, to play victims and family members. If interested in participating, please call Joe Frazier at 774-8000. National simulator aircraft will be available. CERT team should be available, per Walt. Jim will get the time and specific information to members of the Citizen Corps. This is a biannual exercise requirement for the airport. Jerry was in Lakeland for 4th Annual Florida State Convention, which included a mock disaster drill at Lakeland Air Force. 250 CERT members throughout the state attended. It was an extensive drill, with a lot of classes held. He chaired a roundtable on hurricanes and what we did here and got information on what others did as well. Walt attended a bio-terrorism class held in Golden Gate, which was very interesting. Per Jim, attempting to get training classes information out via email to members. If you are not getting this information, please let Jim know. Next meeting to be held February 16, 2005 at 2:30 p.m. Will meet at the Coast Guard Auxiliary Station in Naples. Meeting adjourned. ~ .,.,<----"_.".__..~...". /fo:rAL{ COLLIER COUNTY CHAPTER AMERICAN RED CROSS DISASTER CLASS SCHEDULE January - May 2005 All classes are offered at the Collier County American Red Cross office at 2610 Northbrooke Plaza Drive in North Naples; unless otheIWÏse noted. There is no charge for disaster classes, but all p.rticipants are expected to phone the office at 596-6868 to register. Classes with insufficient enrollment will be cancelled four days before the scheduled class. All new volunteers must begin with a session of Introduction to Disaster Services. 3071-1 LOGISTICS: AN OVERVIEW Weð.est&y" January 26, 2;805 6:00 p.m. - 9:00 p.m. The purpose of this course is to provide the basic information to participants about the activities and processes of the Logistics function in support of a disaster relief operation. The Logistics function deals with facilities, transportation and supplies for every disaster function. Logistics provides the equipment and materials needed to accomplish the task of disaster relief; every other function is dependent on the efficiency of the Logistics workers. Pre-requisite: IntroductiQn to Disaster Services 3066 INTRODUCTION TO DISASTER SERVICES Monday, February 7, 200s 6:00 p.m. - 9:00 p.m. This class provides an overview of all Red Cross disaster services and is a pre-requisite for all other Red Cross classes. The class makes use of a short video; a workbook and class discussions. Generally; this course helps new volunteers decide which aspect of Red Cross service they want to explore further. There are no pre-requisites. 3067-1 DISASTER ASSESSMENT Thursday, February 17, 2005 6:00 p.m. - 9:00 p.m. This workshop prepares volunteers to provide an orderly survey of damage to the community following a fl~ hwricane or other emergency. The information gathered through this function allows Red Cross to make a clear estimate of damage and recovery needs. Many Collier volunteers assisted in this function in neighboring counties following the hwricanes of 2004. H you participated in our quick on the job training last August, you may want to take the formal class to clari.fY the function. Pre-requisite: Introduction to Disaster Services 3068-4F ER,V: READY, SET, ROLL Saturday, February 19,2005 9:00 a.m. - 5:00 p.m. This class is to certify volunteers to safely and effectively drive and use the Red Cross emergency response vehicle and its equipment to meet feeding and other service needs of persons affected by disaster. Collier County health regulations regarding food preparation and mobile feeding regulations will be included in the course. The course includes an individual driving test with the instructor. Depending on the size of the class, these may be scheduled after February 19. There are several special pre-requisites for this class; these must be completed BEFORE the class date. 1. Valid regular driver's license 2. Satisfactory Department of Motor Vehicles (DMV) report of driving record 3. Current CPR and First Aid Certification. Sign up for these classes and complete them before the ERV Driving class. 4. Current certificate showing you have completed the Defensive Driving Course. This is a computer course you can take· at the Chapter or at home using the Internet. Get details from the Chapter when you sign up for the ERV class. IF THE FEBRUARY DATE IS NOT CONVENIENT, YOU MAY TAKE THE CLASS AT LEE COUNTY ON SATURDAY, JANUARY 15,2005. Call Lee County at 239-278-3401 to register. ..-"" I~ ¡:. 4'1 3066 INTRODUCTION TO DISASTER SERVICES Monday, March 7, 2005 6:00 p.m. - 9:00 p.m. This class provides an overview of all Red Cross disaster services and is a pre-requisite for all other Red Cross classes. The class makes use of a short video, a workbook and class discussions. Generally, this course helps new volunteers decide which aspect of Red Cross service they want to explore further. There are no pre-requisites. 3072-1 FAMJL Y SERVICES: Emergency Assistance Two sessions Tuesday, March 15 and Wednesday, March 16: both nights 6:00 p.m. - 9:30 p.m. Participants must attend both sessions of thís course. The class enables Red Cross volunteers to meet the emergency needs of families on an individual basis following a fire, flood or other disaster. The course is designed to develop interviewing skills and assure familiarity with Red Cross procedures and policies in providing food, clothing and housing for disaster victims. You learn exactly what you can offer disaster victims to help in the recovery process. Role-playing, video, textbook, and discussion are components of the class. This course is required for all new members of the Disaster Action Team. Pre-requisite: Introduction to Disaster Services. 3072-3 FAMILY SERVICE SUPERVISION March 18 and 19, 2005 9:00 a.m. - 5:00 p.m. Participants in this advanced class must attend both full days. This class is held iD. West Palm Beaçh. Special applications including Form: 5898H must be completed by February 1,2005 3066 INTRODUcnON TO DISASTER SERVICES Monday, April 4, 2005 6:00 p.m. - 9:00 p.m. This class provides an overview of all Red Cross disaster services and is a pre-requisite for all other Red Cross classes. The class makes use of a short video, a workbook and class discussions. Generally, this course helps new volunteers decide which aspect of Red Cross service they want to explore further. There are no pre-requisites. WORKING WITH TOTAL DIVERSITY Saturday, April 9, 2005 9:00 a.m. - 5:00 p.m. This skills-based training èourse is designed for all Red Cross volunteers and staff. It provides tools for creating inclusive relationships with colleagues and clients. The exercises foster respect for differences and assist participants to recognize their own inadvertent verbal insensitivities. The class focuses on conversational skills participants will need to be effective in worlång and serving diverse communities. There are no pre-requisites. Since this is an all day class, a light lunch will be provided (donations accepted). 3068-1 3968-11 MASS CARE and SHELTERING Thursday, April 14, 2005 6:00 p.m. - 9:30 p.m.. This course examines one of the first functions of disaster services: providing food and water to those impacted by a disaster. Shelter Operations trains volunteers to run efficient.shelters, should our community be threatened. Notification of volunteers and client regis1ration procedures are discussed. Workbooks are provided. Video segments, showing feeding and sheltering situations, provide the basis for group discussion. Shelter kits are examined. Experienced shelter workers will relate experiences from recent hurricane shelter experience. Pre-requisite: Introduction to Disaster Services. CAS: CLIENT ASSISTANCE SYSTEM Tuesday, April 19, 2005 6:00 p.m. - 9:00 p.m. All Family Service caseworlœrs will want to participate in this class to learn how Red Cross will be adapting the 90 1 Case Records to computer format. The Client Assistance System eliminates the current sharing, copying, and moving of the paper 90 1. In the future all functions will access client records via computer. This summer we will begin entering local Collier County cases in this system., so we want all Family Service workers to become familiar with this database program. TIlls class will provide an introduction to the program and will include hands-on practice. We win establish additional hands-on sessions to provide for different levels of computer experience. ¡¡,::r.. A Lf +== AMERICAN REDCROSS,NIGHT,,- with 161 RI8/IIA RAlliS Saturday, February 5 at 7:30 p,ID., the fIIdIII..... (SW Florida's NBA Development League) will sponsor a Collier County 2005 Red Cross Heroes Night at Germaine Arena against the Columbus Riverdragons. The ticket cost is $20 with 510 going directly to the American Red Cross Collier County Chapter. On game night, Collier County ARC Volunteers will be selling Heroes T-shirts as wen as raftle tickets for a Flat screen TV and DVD player. It is sure to be a fun family night for all as our very own Florida Flames play the # 1 Columbus Riverdragons. Weare appealing to our volunteers, friends and families to help us f'dl the arena in one of several ways, by either selling or buying: 1. individual tickets 2. a farnilypack of four (4) 3. tickets for the sports fans in your company, or 4. a block often (10) tickets to sell to family and friends Can't come? Not to worry - you can still help by purchasing a family pack of four for a family ITom Bethune Education Center in Immokalee. Tickets can be purchased through the Collier County Chapter of the American Red Cross at 596-6868 and the Economic Development Council of Collier County at 263-8989. All proceeds stay in Collier County to support our local programs. Won't you please be our Hero and join us on February 5th? /~:z 1ft.{ The following schedule is provided by Florida Division of Emergency Management (FDEM) to keep our customers advised of events and training opportunities throughout the state. REMINDER: Information on these pages changes frequently. It is recommended that you check the site weekly to stay abreast of important changes. http://www .floridadisaster.org/TrainingCalendar/index.asp NOTE: All this training is FREE. For most of the training (offered more than 50-miles from Naples), the State will reimburse the attendee for hotel room cost. Travel & food costs are the responsibility of the sender/attendee. Check the info (click on the course hyperlink) on the particular course offered to see if the State will reimburse for the hotel. Fe!;>. (G-781) /, z 4i ty t (G-202) (G-781) r.30 2 WMD: (MGT-310) 4 (MGT - GT- .-¥--..-- ¡al Needs 16:z:. 4'1 Distinguished Public Service Recognition Awards Presented by The Greater Naples Chamber of Commerce These annual awards are presented to one member in each of the following three public safety and service professions, public or private, serving Collier County. Law Enforcement Fire Protection Medical Emergency Services These awards recognize the significant contribution by an individual to their respective public service profession and the welfare of the Collier County community. The distinguished work activity recognized can be for a single action or career performance. The criteria for selecting the award recipients includes, but is not limited to, administrative innovation, community service, professional initiative, meritorious service in the performance of duty and commitment to professionalisn;1. .r Public Nominations Being Accepted The no.rnination letter must state the activities and/or actions that make the nominee a candidate for the award. Nomination letters; must be signed with contact information for contacting the person making the nomination ana received by 5:00p.m. Tuesday, February 15,2005. Please limit this letter to 250 words. Please attach this nomination form to your nomination letter. r -'~i~"='~'1":7 - - -. -, ..,.,= ,- - - ..,., - - ..,.,. -r. I DI ;'\;Av'¡¡\"~~;þ\0!}""i:'t/'Publlc"$_ìwardS' Nond , .:' :<., ,~;~";f:o' 'j,:,'",''',f '!/-":},¥;I~""Ø ,; , -<':~:+}-- ~- , I " \ I I I .Ire I· :'i~~~;_:~,:~~ l __ __ _ _ _ _ _ ~a~e_ _ _ _ _ _ _ _ _ Eligibility: Nominee may be emploxed or a volunt~er öf any public or private entity. Nominee may not be t,he chiefexecutive officer of a public safety agency or a private corporation providing public services. Nomination letters, with attached information form, are to be sent to: Distinguished Public Service Recognition Awards The Greater Naples Chamber of Commerce 2390 Tamiami Trail North, Suite 210, Naples, Florida 34103 Tel (239) 403-2902 Fax (239) 262-8374 www.napleschamber.org www.naplesnews.com ,,, ' Underwriters and Sponsors ¡¡¡ Napœs maily N£1US naplesnews.com Patrick D. O'Connor. COLDWELL BANKER PREVIEWS INT'L 'N5URANC~ Please call The Greater Naples Chamber of Commerce for more information on sponsorship opportunities. 239-403-2902. STATI 'AI III A CIC_Gt\RELLf ADVISORY SBRVICES. INC, 0.. foniIy c.. ~ Tho Iia1cioI fllln rrI Your ftmly fJDFlfth Third Ba~k -'- ~>'~'~~-~.'--- !b:t.AL/ .. "...."".. . . . ". . . . . .' .. 51 Years Service 14....... -. , . , ..~ ." -.-. r . ...........- Collier Citizen Corps Meeting Feb 16tb 2005 at 2:30 PM Naples USCG Auxiliary S'tBfiOD 1099 9TH St (Located by Cove In) FC Jerome Pletnkk & FVC William Breen wiD conduct NU,. of Station Facility and USCG Station Fort Meyers will bave a Coast Guard Patrol Boat at Station. 01/10/2005 17:18 7755008 COLLIER CO EM PAGE 01/01 /C:, Z 14 L./ Collier County Government Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34112 Contact: Sandra Arnold-Lawson Public Information Coordinator (239) 774-8308 Jan. 10,2005 FOR IMMEDIATE RELEASE The Collier County Citizen Corps Advisory Committee will meet on Wednesday, Jan. 19 at 3 p.rn. in the Board of County Commissioners chambers, located on the third floor of the W. Harmon Turner Building, Collier County Government Center, 3301 E. Tarniami Trail, Nåples. In regard to the public meeting: All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board/committee prior to the meeting if applicable. All registered public speakers will be limited to five (5) minutes unless pennission for additional tinie is granted by the ch~irman. Any pJrson who decides to appeal a decision of the Board of County Commissioners or quasi~ judicial 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. Collier COW1ty Ordinance No. 03-53, as amended, requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 E. Tamiarni Trail, Naples, FL 34112, (239) 774-8380, at least two days prior to the meeting. Assisted li~tening devices for the hearing impaired are available in the Board of County Commissioners' Office. For more information, call Jim von Rinteln at 774-8000, -End- Fb I- 4l/ Jjf5( ¡(.? t -S~. ..~ ~~ _. ~~ I~\~ -. ~~ ~(~r ~-Ácð ( (('I ( 0:: CA +\ 2. . Co r \~ \\ t~lj 3p tv) - ./ ./ 1/ v .~ \= a fissac C~ 0 ê 0Q..ô'j G cJ C£ tZ. v -..PLÝ-ùo ~ )) J / I . / ~U:1DU,,-1 - ~V II ../ ) LA;)~ L W LAO I \ b oS. <0-3" - r {~t\."+-,-o\<) 0i LO 0-S-. Ro\-\ ~,L\ :¿ £~ 04 f\I\..U..¡, _ i 2.../ IJ. r ò '1 {'o, ~-ua-f - o.p.~ Q.¡) <4 g 9 10 II IVU_IIJ-.,i (Y\.9 ~ Q d ·tD a.QQ - 11IL{)+ÙJY\ ~'ð CLf-f .... ;;¿r-. ci . ,I , ·T~. LLfdqje -, ~l~ .Y, l~ - J.. c~ <l Mü.1Ú-j blC~ b~~~ '*1j~,,~ - ,\A.C)~ {~~, ~ pZo ~~t.'"- .' LÛ0,~. \}~ \.t.\L +t~ l Q~ ~ -.Jlù 'F~ _ 1(Q.1 cl ~ ðù",,--, A è LQ;~~ l0QQL - Hl~ \Pa1y6 / ~~;~ ¿-J}L.h~ ¡ - L cl íS - A'I r eDr' ~c~, l\S.fL,) ~U-J .¡ '\A./.} (Vl:S ~'~ (:-)Q..~ é t.ð ô'~ \~ ~ - A I Q Ö I -S ~J!f lÙk ð ¡,J i ::, if"-'-'i1l¡ " lX- A2- t}~ )) . G? ,) ,..¡ "'''-1 ~ _ to rev',~ è'\.. - l;; d LU ,1 ¡~ 'ï q ~ cLly . \~~ 1->.cL". V-- '6 ).Dk v v.J ~.. f100-J c< U'4 - Ka.q - {',¡:/ C G...u " !J"y, r.q'!(~0 }~ (~,c ¿E ~ ~!~ êUji. € (i -( d J- - ù, ¡ _, . I J .) ~jV)-S cu.ù~ 'tL-L>-~ Lf I.', No,y,,, C-!....u... '1/ u:; rJap~ H,I~, t{\, ~ ~~'û' Úp.p~ í-ð< ~ (\L<..Q.. < . -"~ Cd rku. ''t1Le'^-P <I ~.t,,- ~ yo. L~ vJj I~.,J¡¡ ... .. __"'~_""n.~"'__""~~_ ^.._,.""~".~"_.._,~.,."_..,_~~..".";~"",.,,,,,..,.,.._,,",~,,,,_^. "",..,..""""",";''''__~'''_'' _,."._-_""",_"'"",,,,'""""'""'_~"___~"""_"..__'''''''____'''''_';"'-_~'".,,'._"M.~__~_'"-"_".___'_·'·'" - ~ -;p T~ Q h Q L J1 ~ ~b -- Õ'"'Yï He? ::>c:? to ~- ~/b jVx:n Oþ)"ìt\,:-t'1(Ql) . n<ll,j "'1 . ,)(]'p t-.?\t Q~ <:?Y'J::0rc! J:obv,) , -:;jJ ""'t> \'Q, ¡...~,"~ 'ob~11 r'Jcr--¡" 4 A +: ':V--1 )9{\ ---' , v ~=\- -:_}G'\ ~m", p'õ ~~ \~. ()Q'r{'?f to YL ('Ifl 9 ~7 Y7 - m::n:T'?' 10 I (~ '\ C . '-! . ~- ì"; , J 1/1-'\I.~ Ìf'^.(7() r - n)'(~ (n?(\j Yê), ~ h-, ¡. 0 (1 ~1 \'C) d1 CPo! C;,m ¡-~ 'C"YJcI J ¿rev dn'1J\ I ¿ , - ( p--0Œ"(\J ~\) (' CT";o-cT'yì T';'H-, ?-'ì ~(hQ '~'Ç~~l4 . ~r"'----"~ 1"/ ~-J' , ~ ~ ~'\I tXo\~ '='y-,-hQ:) VQ 0, ~ I C -I~çryp ~1-t<J \~v~; ~ ~(V) -~~, ~ ~I "'bbvO (1-fV'1 vS)~'\, f "J'(Jì/\J r;t\D C) \, ~~ì ~'b10 '~"">ì d "~:H) b ""^^Q'1) ¡ (] v cn'f" ''''n '(~ ~ "7','.)0 1:: "'~\ Ih -~"Py~ '~<;r;) , h?Jð'ì'7' 1,0 I h ! 1 \ ' õ~o ~0\\; r-nv>!O~ ~ pl ~'J"'r:1 r"~""^' -;. (~ì ~ f"\'0l'h'l - '0'êJ\:J --: ~?-~; {-\S\{C1 \JMCTõ\\ n( \ ""\?\.() . '>'.,_Q~ ~~-'(~ - r~ ~~. "",P--, ~- '-~.' ,I\~ \Cn \. ~"". \'"1:.:> OiJ - ~ G ,1\ 'i"~G\. : '~,~-Y1(J "'_\. 1" u ) - "1' (' \, \ . ''if' J ~ f'ðìl1 - d'\ V '1 fJJ f C? ---;/0 0rd 'Vð-'~YÞlO ( '( Q ~, ~. (ì_) 'C'~'D ('fD '^'af/ VQ~:+=~ - """..Å~rd ~(f\A\ è-f.~1 ro\~ 11 ~~ ~ 'f*,Qt\ ~Ð "C\ ~'GJ ~,,$0~}Yj ~ 1 V ~ OJ '-'c~§'J ~~Qf'~J \ - QVlr'~~~ ~~1 - ~~~ ~~~~- '¡O'5"6J0Ó\1 ~ Qpm'\1 ! ,~J rî . ~'") 0", 2 \\ ~j ~ ~ \.J.Q;YQ}= {m I' -¡, ~ ' ~() a(r\~)j )Cl J G {\ (Jr ~YJ.J6 ~ "\_?) +~ ~ - ~~ ~ ""r'^-i.:)ÎA'? ¡~m-O-~"rrr\,/,I \, ~(\þ ~ ~<:-I I?~." - I (,,! i 1 V\"I , ' V (v _-"'<·-·~____'~"__'·'''·_·''>_·'.'M+.«.h·___ T1ì (, ,(yyc \\! ~-v '-'vQyt ~1fv11 0/-. por-avv;:- J.iÎ 0 t" $ V I - Î(pY'D~'ì (~) 5~ h..pr7<-:- ' '1~H hti r OJ1 (') / /~~ I -, \ C:V 16 -:LAJf (~ ~ ~^^ ScJJ-S ~Dw\Jp~ ~~~~ cy,d ~ üV\J\ J ~ Lù~ u.fd-Q~- ~ 'i ,~ , ~{D ècÀ-'>- pot ::."&-,>",\,,,) CDc. J ~ ': / U""'" '111, Ti ~0-tCDJ Cø ¡v"fD)~,-,~~ J r'l/\.Q-ð ~-.C--40~~ ~-~_.(!¿j.~,- D~.)i) tMS \.Ù(L~ ~ ~ . \ 6. {,\Û - L '-i \ì (:()f\À '\..Lci ("- ~ ' ~I l DO) (-") ~(). SC't ",\. C~:¿~'\.CCt (~" ~ <:~ Cu,-:h..~-~~ '\ c) d Ð'--<L'<è Ð 1 ~) ~I . \ C'-~\. lLX)..J(. .'::o,~ .{ LL ~Dd -1. c:, CLj~ 0)'0.- . '-\ ()~ ~\'-'"\- V ~'-O..0 Qd ) el'-'..)·\~ hoa.1 ¿,.,¡,..c-¿h I ) . ') r ) ,-~~ZÙ¿ >-E:;':' )(~jc;JI:::-'::"5TL-'-ð::~ D '=- 6,,1Q (' i ~ L't \/~~~-~ \0 .. ~ \\~~ ( C ~~ \VÌ,~~ e ")D~ 0t~ {'.d (},f' 0\ '4Ù ~.e.~ - - \':JQ~ Q ~ L V (~\CU_'- - . CØ~l~Á_Ql' Dr'.. ~ êt~ I , . Ò ~ - ~^-\~. ::.O~~ ~ Vu.u..>- r~ W'r ~t-. ~b ~.~ ® 2..'£ (¿Ù, C ,C; lhu,c Sio,-,. l" IU~ CJßf ~ O<\+~L~''- (~\~~~"ì ~ ü\'JJ-. S<-~o_ 5 ( ~ t).~~-- D td..Q~~ {'lo-t. lle" \ J'. CL~ ~(ò S--4. .~ \'\,,,-,-\.L,,-," 'Ie ~J-'~J h.o,,\Þ -SJ¡ L .G..si bo~ ~ \J ~ CL~ \0&0 Qj~ L(; boccj. ,f-- - ~ ~J:..~ ,-!. d.Qj¡), Q1..o~ uJ! C{ .!; Ci<:D (Q [1" /....Q, Tv S.<\Q'~.0 ~ ~ - £¡V~ f~ -.!õ \J (J.'~'~'ù ~~;fjLb - I. Û I ( s- -( 00 pt~ eJ~J" Ct~*-ð~ )1', \-c.'--v - ~.~C& '+0 'V\JZ~'Ò\jJt:V-jJ - \ ~ I'¡ (\ J \ r \ . i . . . . () n-- C cu.-,-0 Y,-U¿LU---t> o.~ -\ (I... (1C,ú- -':\G d '\ D ("1:\ _ l~JW D~ '1-0 ~)u_:p I(;<--e_ - I i -"rr~ (¿'î:.) ~ ð <\0 t'-ÁA- ê~A.DuL)y\ r0 CJ:-\ s I S l\JQP_Q~ ÚLA..fo;:4 QLl~-t, It.... ~ C t.\fV\ ~~ ~;~\ue.\ /~Y-J: ~~_L)~k. (Q_.L}'.pl(4~ ~~ ~)_ (0Q.QdSO ~ C'\D p~~CL:\-~. (~Q ,.)oQ.. (Q) 'lì'-f -2'DOO 2 0 CJ.:\.{..~ l1-~..~ ....-. \. .- '. T~~ CW cL.J1 ~" ~'L - . _ . -: I \.JL>---.- .\ Q C\ r,~ "*.~ "\- J ,,-ð-~ '\ ""~'-\ tv'-kJ~~- (J (. '''ò ~-+ZL GJ·"-p . I~:~ ~ o>'-d'~:) \. ----"";-"n.:.J ~ (:) +~ "Oì 1~OÌ.AI ~- ìì..7J\ \ ~ en ~;l ----..y~ (û\ ! (ì~'1 ~1 t> ~~\ õ\o '\o..Q,,\1 w\ -~ ð~:-;:::::(-=-) ",r'l-)\C2 c) 1.",-/ ' . ........./ /-0() ) \~.. ~ "'«7'" 0' ': ~ ,- ) ,,) ----.. '-;ì ~,/ 0'0J (J Yc ( 'Y\"1'ì'\~, p'~) <:""- - Ò~ )) j..-¡;-n $".~òì~/ fV(P-'1J\-\Ü . i .. r~~ ~ì ~'P '\(r$ c2"~ P--+':JYTì\D'--\ \~ \ "'""~O!õ\I\.\ '7 <:-rii ~'-'-, ~ \ 'Ç'r,~').) .-1 . oj _' . "~t 1~~"",)ì <::::,,\ \j (~. ,,~ "'--/ 1711 TC¡/ Fiala Halas Hennin9-;:;t Coyle -'- TRANSCRIJCf>~'FIIE lvIEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE / Ira::].. A5 January 5, 2005 Naples, Florida, January 5, 2005 LET IT BE REMEMBERED that the Collier County Development Services Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 3:30 PM in REGULAR SESSION in Conference Room "610" in the Collier County Development Services Center, Naples, Florida, with the following members present: CHAIRMAN: Justin Martin Clay Brooker Dalas Disney David Dunnavant George Hennanson Brian Jones Thomas Masters Jason Mikes Robert Mulhere Peter VanArsdale William Varian MEMBERS EXCUSED: Charles M. Abbott Marco Espinar Blair Foley Herbert Savage ST AFF PRESENT: Denny Baker, Director, Financial Administration & Housing William Hammond, Director, Building Review & Pennitting Paul Kwa, Project Manager, PUED Tom Kuck, Director of Engineering Services Sandra Lea, Executive Secretary, CDES Administration Susan Murray, Director, Zoning & Land Development Review Joseph Schmitt, Administrator, Community Development & Environmental Services Edward Riley, Fire Code Official J _ J Donald Scott, Director, TransportationlPlaiÌ'ning.dLJ=c?lCf)- Patrick White, Assistant County Attorney )0(IJ \ rt 5 .'~ ~ '. /~:z. AS- January 5, 2005 ALSO PRESENT: Len Berringer Fred Reischl Chairman Justin Martin called the meeting to order at 3:30 PM. Mr. Martin welcomed the new members (Messrs. Dunnavant, Hermanson and Mikes) who were appointed to the DSAC at the December 14,2004 Board of County Commissioners meeting. V. STAFF ANNOUNCEMENTS B. Transportation Division Update - D. Scott Mr. Donald Scott, Director, Transportation/Planning provided the following update regarding the Division of Transportation: · Vanderbilt Road - expansion to six (6) lanes to begin February 6,2005 · Interstate 75 - schedule for expansion to six (6) lanes moved up to July, 2008 · US 41 South from SR 951 to SR952 - Escalation of the expansion is being considered in view of the high traffic volume. · Golden Gate Parkway - expansion approximately 1 month behind schedule. C. Public Utilities Division Update - P. Kwa Mr. Paul Kwa, Project Manager, PUED, provided the following update regarding activities of the Public Utilities Division: . Utilities Standards Manual - currently being reviewed and revised by the Utilities Subcommittee. Greeley & Hansen was retained to perform Autocad changes to the Detail Drawings and to assist in resolving potential issues. . 2004 Reclaimed Water master Plan - Ayres Associates was retained to develop a Reclaimed Water Master Plan. I. APPROVAL OF AGENDA: On motion duly made by Robert Mulhere and seconded by William Varian, the meeting agenda was unanimously approved 10-0. II. APPOINTMENT OF CHAIRMAN AND VICE CHAIRMAN On motion duly made by Dalas Disney and seconded by William Varian, Robert Mulhere was appointed Chairman of the Development Services Advisory Committee for a one-year term by a vote of 9-0 with Mr. Mulhere abstaining. 2 /¿'ZA5" January 5, 2005 On motion duly made by Robert Mulhere and seconded by Peter VanArsdale, Clay Brooker was appointed Vice Chairman of the Development Services Advisory Committee for a one-year term by a vote of 10-0. At this point, Mr. Mulhere assumed the Chair. III. SUB-COMMITTEE APPOINTMENTS Relative to Subcommittee membership for 2005, Mr. Mulhere requested members to review the current membership and contact Sandra Lea regarding their preference for meeting participation. Determination of Chairmanship ofthe subcommittees will take place at the upcoming subcommittee meetings. IV. APPROVAL OF MINUTES - DECEMBER 1. 2004 MEETING On motion duly made by Peter Van Arsdale and seconded by William Varian, the minutes of the December 1, 2004 Development Services and Advisory Committee (DSAC) meeting were approved 6-0 with 3 abstentions by the new members (Messrs. Dunnavant, Hermanson and Mikes). Mr. Clay Brooker joined the meeting at this point. On behalf ofthe DSAC members, Mr. Mulhere expressed appreciation to Justin Martin for his exceptional performance as Chairman ofDSAC during the past year. V. STAFF ANNOUNCEMENTS A. Community Development & Environmental Services Division Update - J. Schmitt Report deferred to items under "New Business". D. Fire Review Update - E. Riley Mr. Riley referenced the monthly performance reports that were previously distributed to the DSAC members, adding that the reports will henceforth be provided on a monthly basis. Mr. VanArsdale advised that the Budget & Operations Subcommittee plans to review the reports in terms of turnaround times and how they relate to the overall plan review for SDPs and commercial projects. The Subcommittee will report the outcome of their review to the DSAC. Mr. Riley further advised that recruitment of an additional plan reviewer is underway. 3 /~:z. 45 January 5, 2005 VI. OLD BUSINESS There was no outstanding Old Business. VII. NEW BUSINESS A. Conflict Resolution Policy Ms. Susan Murray, Director, Zoning & Land Development Review, presented for discussion a Conflict Resolution Policy, which was recently developed as a result of the Process Review Task Force Meeting, held in September with representatives of the industry and County. The process was implemented January 1, 2005 and is designed to resolve issues of contention arising during the Site Development Plan review process where an applicant does not agree with a reviewer's application of the code. The intent of the process is to resolve these issues at a level which will avoid the unnecessary involvement of senior management and to present procedures for referring the issue to the next highest level where this is unavoidable. In terms of response time, Ms. Murray advised that staff is required to respond within 24 hours and further suggested that she be notified if staff fails to respond within this timeframe. Mr. VanArsdale suggested that performance standards be applied to the Conflict Resolution Policy just as they are applied to other processes and procedures and further suggested that it be discussed by the Budget & Operations Subcommittee. Ms. Murray agreed to attend the February 9,2005 Subcommittee meeting to discuss specific points regarding the development of performance standards for this policy. In response to a question raised by Mr. Brooker regarding whether a fee would be imposed at the Stage 4 level of the policy, Ms. Murray advised that this matter is being researched. Mr. Mulhere expressed the importance of advising staffthat they are empowered to make decisions and secondly, quick response by staffto conflict resolution requests is paramount to ensuring that the policy is adhered to by industry. Although the current policy applies only to site development, Mr. Kuck added that he will incorporate the Engineering planning process into the policy as well. In terms of consistency in administering the code, Mr. Disney suggested that a log be compiled of similar applications which would be accessible to industry for use when submitting applications. Although she noted that many applications are site-specific, Ms. Murray agreed to make the logs available to the public. B. Timeframes for Land Use Petitions 4 .-..--.---....... -..._-- /02 A {) January 5, 2005 Ms. Murray presented a memorandum, outlining project review timeframes for land use petitions which was implemented for all new projects received January 1, 2005 and thereafter. Land use applications received after January 1, 2005 will be monitored for compliance on a monthly basis and a performance report will be submitted to Ms. Murray on a quarterly basis. [It was later agreed by Ms. Murray that monthly reports will be generated and distributed to DSAC.] In terms oftimeframes for first reviews, which are currently being reviewed by the Budget & Operations Subcommittee, Mr. Schmitt commented that while Department Directors feel that 30 days is sufficient for most reviews, the review times have not been finalized. Ultimately, timeframes will be developed for the purpose of managing expectations. He noted that, justifiably, there will be outliers. Ms. Murray added that the outliers will be evaluated and monitored. Mr. Schmitt further stated that staff will manage by exception and outliers will be visible through the Hansen system. In response to a suggestion by Justin Martin that a master list of review times be developed, Mr. Schmitt commented that this effort is underway. As a matter of information, Mr. Schmitt commented that in view of advertising timelines,5 Y2 months is the very least amount of time a project can be approved. On behalf of the DSAC members, Mr. Mulhere expressed appreciation to staff for their efforts in establishing project review timeframes. C. Administrative Code (Structure and Process) Patrick White, Assistant County Attorney, advised that provisions of the Administrative Code structure and process will be presented for consideration and approval at a future meeting. VIII. SUB-COMMITTEE REPORTS A. Land Development Regulation - T. Masters Mr. Masters reported that the Land Development Regulation Subcommittee will meet in January to discuss the code in terms of sidewalk development. Mr. Stan Chrzanowski, Engineering Review Manager, will submit a final draft of the sidewalk language to DSAC members via email and further invite DSAC members to the stakeholder's meeting, scheduled the week of January 10th. The full DSAC will discuss and formulate their comments re the sidewalk issue at its February 2,2005 meeting; a representative of DSAC will then be named to attend the Planning Commission meeting on February 3,2005 to present the DSAC's viewpoint. B. Budget and Operations - P. VanArsdale 5 ._--_.__.,~.._--- /b J: A ~ January 5, 2005 Mr. Van Arsdale reported that at its meeting on December 8, 2004, the Budget and Operations Subcommittee met with Mr. Ed Riley, Fire Code Official, and representatives of the five (5) Fire Rescue communities to discuss performance standards. As a result, performance reports will be distributed to DSAC members on a monthly basis. C. Utility Code No report - minutes were distributed. IX. COMMITTEE MEMBER COMMENTS Mr. Mulhere questioned the validity of a $1,500 fee that was imposed for a second environmental impact statement review, noting that second reviews are generally required. Mr. Schmitt advised that the fee increase was approved by the Board of County Commissioners at its November meeting. It was suggested that consideration be given to eliminating the fee for the second review and instead establish a higher fee for a third review. Mr. Schmitt expressed willingness to present this recommendation to the Board of County Commissioners at its January 11,2005 meeting. Following discussion and on motion duly made by Mr. Mulhere and seconded by George Hermanson, the DSAC unanimously requested that staff re-examine the Environmental Impact Statement review process with the goal of establishing fees for first and second reviews similar to other reviews. X. NEXT MEETING DATE The next meeting ofDSAC will be Wednesday, February 2,2005 at 3:30 p.m. in Conference Room 610. There being no further business for the good ofthe County, the meeting was adjourned by order ofthe Chair at 5:10 p.m. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Chairman Robert Mulhere 6 .,_.._--,.,.._-.-._..__._..~,.,_..__._--_.,..".__.,,-~-~.._"._.,_.- · v L Fiala -= / - = Ha\as, V . HennIng ~ Coyle 2--~. Coletta - ---. TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE BUDGET & OPERATIONS SUB-COMMITTEE / /6::z.. AsA- January 12, 2005 Naples, Florida, January 12, 2005 LET IT BE REMEMBERED that the Collier County Budget and Operations Sub- Committee of the Development Services Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 3 :00 PM in REGULAR SESSION in Conference Room 610 in the Collier County Development Services Center, Naples, Florida, with the following members present: CHAIRMAN: Peter Van Arsdale Charles Abbott (4:05 p.m. arrival) Blair Foley Dalas Disney MEMBER EXCUSED: William Varian STAFF PRESENT: Ray Bellows, Manager, Zoning & Land Development Review William Hammond, Director, Building Review & Permitting Sandra Lea, Executive Secretary, CDES Administration Gary Mullee, Financial Operations Manager, Financial Administration & Housing Chairman Peter Van Arsdale called the meeting to order at 3:10 PM. I. APPROVAL OF AGENDA On motion duly made by Blair Foley and seconded by Dalas Disney, the DSAC Budget and Operations Subcommittee approved the agenda as !;;;Sbs )~)14 ~ 1 I C:, -::t- A 5 A- January 12, 2005 II. APPROVAL OF MINUTES OF DECEMBER 8. 2004 On motion duly made by Blair Foley and seconded by Dalas Disney, the DSAC Budget and Operations Subcommittee unanimously approved the minutes of December 8, 2004. III. NEW BUSINESS A. Update re Hansen Project - Gary Mullee Mr. Gary Mullee, Project Manager re implementation ofthe Hansen program, provided an update regarding Hansen. In order to effectively design the Hansen system to accommodate and improve current processes/procedures, departmental staff are currently in the process of generating workflows that encompass detailed tasks performed by staff. The ultimate goal is to automate the processes as much as possible in order to reduce review times. In terms of involvement by other Divisions, Mr. Mullee advised that the Transportation Division has purchased several Hansen modalities and will assume a portion of the hardware costs. He added that interest by the Public Utilities Division is also gaining. Mr. Mullee assured members ofthe Subcommittee that all Divisions who participate in the permitting review and approval process will be included in the Hansen program. At the request of the Subcommittee members, Mr. Mullee agreed to provide 1-2 examples of what has been completed to-date in terms of workflow and demonstrate how changes will evolve. Relative to the proposed implementation date of May, 2005 and its bearing on the development of performance standards, Mr. Hammond reported that efforts are underway by departments to generate reports that will be adaptable to Hansen; time factors are being applied to each type of application. Upon finalization, these standards will be incorporated into the Hansen program. B. Land Development Code - Application to Non-Conforming Structures Mr. VanArsdale prefaced discussion by stating that the code requirements for rehabilitation of non-conforming structures in Collier County are more rigid than other counties in Florida. Before work can commence on re-development, new site standards must be met, which results in exorbitant costs that in turn, make the project non-feasible. Mr. Bellows commented that the existing code indicates that it must be met "where feasible". However, in view of these vague criteria, there are differences among staff regarding the interpretation of the code. 2 /c,~.4~A January 12, 2005 In an effort to create greater consistency in the review of applications for non- conforming structures such as those located in East and South Naples, Mr. Disney suggested that a database of reviews be developed for comparative purposes. He added that a more flexible and reasonable method of review for these type of improvements is needed. As an example, he advised that the criteria used by the City of Naples states that if the redevelopment exceeds 50% of the property value (i.e., assessed, resale or appraised), the project is required to meet code. Following discussion, Mr. Bellows stated that he would review the criteria established by the City of Naples as well as other counties in Florida regarding non-conforming structures and compare them to Collier County code. He will further discuss this matter at the monthly staff meeting to gain staff input regarding making changes to the interpretation of the code. As requested by the Subcommittee, Mr. Bellows will prepare and present at the February 9,2005 Subcommittee meeting an analysis ofthe review process for non-conforming structures in terms of simplifying the process. IV. OLD BUSINESS A. Update on the Establishment of Performance Standards in Building and Planning Departments Discussed earlier in the meeting under "Update re Hansen Project" B. Follow-up Discussion re Fire Code Plan Review, Permitting and Inspection With respect to the monthly reports generated by the Fire Review agencies, it was pointed out that there are only a few minor exceptions to meeting the established performance standards. In response to a question raised by Mr. VanArsdale, Mr. Hammond commented that fire review will be included in the Hansen program. v. OTHER BUSINESS Relative to developing performance standards for the Conflict Resolution Policy in terms of defining the maximum amount of time allowed for completion of the process, Mr. Bellows advised that the process and timelines will be defined and posted on the County website. Although Ms. Murray was scheduled to discuss this matter with the Subcommittee at its February 9,2005 meeting, it was suggested that she provide this information to the full DSAC at its February 2,2005 meeting. 3 /6:Z 4s-A January 12, 2005 VI. NEXT MEETING DATE The next meeting of the DSAC Budget and Operations Subcommittee will be Wednesday, February 9,2005 at 3:00 p.m. in Conference Room 610. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:50 PM. COLLIER COUNTY BUDGET & OPERATIONS SUB-COMMITTEE OF THE DEVELOPMENT SERVICES ADVISORY COMMITTEE Chairman Peter Van Arsdale 4 Fiala V /' Halas t:fZ - Hennin9L Coyle. ~_ Coletta t/ ~ TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE / /I:>"J.- Ab December 9, 2004 Naples, Florida, December 9,2004 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1 :00 PM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Ron Pennington John Arceri Murray Hendel Graham Ginsberg (Excused) Heidi Kulpa Tony Pires James Snediker John Sorey III Paul Sullivan ALSO PRESENT: Ron Hovell, Utility Engineering Dept. Mark Isackson, Budget Office Maria Bernal, Tourism Dr. John Staiger, City of Naples Maura Krause, Environmental Service Dept: -)~ ~!dal{þ- -- 1m") 'C\ '1 Tc~: 1 J(Pz. .4b December 9, 2004 I. The meeting was called to order by Chairman Ron Pennington at 1:00 PM. II. Roll Call Roll call was taken with Mr. Ginsberg being excused and Mr. Pires absent. III. Changes and Approval of Agenda Mr. Arceri moved to approve the agenda as presented. Seconded by Mr. Sorey. Carried Unanimously 7-0. IV. Public Comments - None V. Approval of Minutes 1. November 10, 2004 Minutes Page 3 - Mr. Arceri mentioned the City Council of Marco has "not" discussed the Boardwalk issue. Mr. Sorey moved to approve the minutes of November 10, 2004 as amended. Seconded by Mr. Arceri. Carried Unanimously 7-0. VI. Staff Reports - none VII. New Business: 1. Funding of Inlet Management - Ron Pennington Has been some question of the appropriateness of TDC Funds for Inlet Management. (Summary attached) This will be discussed at the TDC/BCC Joint Workshop on Friday, December 17th. A recommendation will be made to them for establishing parameters for pass maintenance funding. Mr. Hendel moved the Chairman appoint a Committee to pursue the matter and make final recommendations with regard to the five passes discussed in Mr. Pennington's memorandum. Mr. Pennington suggested before any action is taken they wait until after the Workshop on the 17th. Mr. Hendel withdrew his motion. The Committee appreciated and agreed with the "Historical Perspective and Recommendations" concerning the funding of inlet maintenance in Collier County that Mr. Pennington put together and furnished for them. (Mr. Pires arrived at I :28 PM.) Dr. Staiger stated the Sub-Committee will need to look at the inlet management plans and get a definition of what areas need to be dredged and which ones not. 2 /(PI It-b December 9, 2004 Mr. Sorey moved to add the Funding Amendment Maintenance Document to the Agenda. Seconded by Mr. Arceri. Carried unanimously 8-0. Mr. Sorey moved CAC endorse Mr. Pennington's efforts when he appears before the joint TDC/BCC Workshop on December 17th. Seconded by Mr. Sullivan. Carried unanimously 8-0. 2. TDC Category "A" Grant Application for Doctors Pass Maintenance Dredging (Deferred until January 13, 2005) VIII. Old Business 1. TDC Category "A" 10-Year Funding Projections Update - Ron Hovell · Met with Mr. Hendel & Mark Isackson from Budget Office and went over the Budget format. · Changes were suggested and was reformatted · Covered and explained various line items along with TDC Category "A" projections. · Discussed the "Misc. Interest" hoping to convince the TDC and BCC to have the interest follow the principle collected. The interest now is incorporated into the General Budget in which they utilize for other expenditures. Mark Isackson - Office of Management and Budget - stated in one of their previous meetings there was a request for what that dollar value is. He will get that figure for them. After meeting with Mr. Hovell and Mr. Isackson, Mr. Hendel has a better understanding of the "10 year" projections, the legal requirements, reserves and rules for renourishment. Vanderbilt Garage, bonding, capital projects, financing and addressing shortfalls was discussed. Will plan to put the Budget together with prioritizing and evaluating details in the "10 Year Plan" in January and in February along with reviewing Grant Applications for 2006 and look at projections. 2. County/City of Naples Beach Renourishment Update Mr. Pennington gave a summary of the conference call with Representative Goodlette, Mike J oiner- DEP, Mike Barnett-Chief of Bureau of Coastal Systems, Stacy Roberts-Permitting section, Becky Roland-Project Manager, Tom Campbell of Coastal Planning, Steve Keene-Senior Coastal Engineer, Ron Hovell and himself. Some areas of concerns were discussed. 3 It:, :r. A b December 9, 2004 · Technical concerns · Dollar amounts for mitigation and monitoring they're requiring for Artificial reef · Draft will be a basis for negotiation. · Reduce biological requirements · DEP rejected and did not agree to the method used by Coastal Planning & Engineering. · Acreage was in dispute. (10 acres is now 1.09 acres) · Consultant feels they have gotten the best they are going to get. 3. Hideaway Beach Structures Construction Contract a. FDEP Transmittal Letter b. Intent to Issue c. Draft Permit d. Public Notice e. Bid Document Summary ofthe above: · Award to low bidder - $2, 140,880(Marine Contracting Group, Inc.) · Possible bid protest from second to low bidder · Could delay the process · TDC recommended awarding this Contract on November 22nd. · DEP indicated to Mr. Hovell they expected to receive a possible petition from Mr. Ginsberg or a group he belongs to. If so, it could delay the issuance of the permits. · Bid protest and following Purchasing procedures was discussed. (Responsive, responsible and qualified bidder are the qualifications for low bidder) Mr. Arceri moved to recommend approval of $2,140,880 to Marine Contracting Group for this project. Seconded by Mr. Snediker. There was discussion on who Marine Contracting is and the qualifications of a bidder. Carried unanimously 8-0. Mr. Hovell informed the members there was a meeting of the Taxing District and the possible protest was going to be on the Agenda with the second low bidder being at that meeting. BREAK - 2:50 PM RECONVENED - 2:59 PM (Mr. Pires did not return at this time) 4. Marco Island Laser Grading Update - Ron Hovell Project started Monday and is going good. Hope to finish up before Christmas 4 /6:L Äb December 9, 2004 5. Marco South Beach Renourishment/Caxambas Pass Dredging Update - Ron Hoven Taylor Engineering proposed an additional $36,610 that was recommended for approval by the CAC ad TDC. The BCC will review it on December 14th. 6. Wiggins Pass Dredging Construction Contract - Ron Hoven Mr. Hoven explained limiting the depth to 8.5' for the first 300 feet and then transitioning to 13 feet. Bids were opened on November 30th. Staff recommends awarding the contract to Snyder Industries, Inc. in the amount of $380,000. Mr. Pennington questioned the qualifications of the low bidder, Snyder Industries. Mr. Pennington moved to recommend approval of the next lowest bidder which is Michigan Contractors, of whom they have had a lot of experience with. Without a second the motion was not considered. Mr. Arceri supported what he was saying but again, they discussed responsible, responsive, qualified bidders. Dr. Staiger talked about the equipment such as the different size dredges. (Mr. Pires 3:10 PM) Mr. Pires reiterated and responded to the question of awarding the Contract to the lowest responsive, responsible bidder. He discussed the equipment issue and stated they have done their job. With the detail staff has provided, they feel the lowest responsible responsive, bidder is Lake Michigan Contractors. Mr. Hoven answered a question in which they asked if Snyder Industries is a responsible bidder. Purchasing leaves that up to the Department administering the Contract. He checked references and mentioned it would be delayed if they did not go with the low bidder as it would be protested. If they take the low bidder and they fail to perform, the proj ect is still delayed. There is a certain amount of risk. A lengthy discussion followed on the experience of low bidders, taking risks of delaying projects and having justification of not awarding to low bidders. Lyn Wood - Purchasing - if awarding to the second bidder, the low bidder will probably protest. If they file an intent protest, then they pull the award off the Agenda and the bidder can then file a formal protest 5 It:,:¡ Ab December 9,2004 within so many days. The Director of Purchasing, Steve Carnell would then look at the protest, investigate and respond. Purchasing doesn't choose the awardees; the project managers investigate qualified bidders and gives purchasing the facts and back-up. Mr. Pires moved to support staff recommendation and recommend to the Board of County Commissioners to award the Contract to Snyder Industries. Seconded by Mr. Sorey. Carried unanimously 8-0. Ms. Wood reported Naples Dock is contending Marine Contracting was not properly licensed in Collier County. Has to be proof of appropriate insurance - Marine Contractors License - longshoreman's, harbor workers and maritime insurance. Details will be looked into. Cannot contract with them if they do not have the required Insurance. Marine Contracting states they have the appropriate insurance. She continued discussing the process they follow. SPEAKER John Findley - stated Wiggins Pass is a safety factor. Did not feel it should be delayed any longer. Personally felt the County has liability issues on safety and maintaining the Pass. He felt they made the right decision. If the low bidder doesn't perform, another company can be brought in. IX. Public Comments - None X. Announcements - None XI. Committee Member Discussion Ms. Kulpa took a beach tour with Al Madsen which was very educational and interesting. Mr. Snediker thanked Dr. Staiger and wished him luck on his retirement. Mr. Pires asked that the subject brought up at the November meeting of the Boardwalk from Tigertail Beach to Sand Dollar Island be put on the January Agenda. Mr. Arceri agreed. Policy expenditures and Category "A" funding was mentioned by Mr. Pennington. (Mr. Hendel left at 3 :43 PM) Mr. Arceri had concerns of the behavior of sitting members on the Committee. He did not feel the Committee should be used for political or lobbying purposes. He mentioned being misquoted and being corrected publicly by Mr. Ginsberg. He questioned standards of behavior by Committee members. He did not feel it a good policy to have members criticize, be 6 /6 :7/fb December 9, 2004 disrespectful and unprofessional. He would like to have a discussion of the Ordinance. Mr. Pires talked about the BCC having a general Ordinance dealing with Advisory Committee Members and serving at the pleasure of the County Commissioners. Personal letters written and signed as a CAC member, discussion and debates at the meetings was discussed. Mr. Pennington had a concern that Mr. Ginsberg may file a protest against the Hideaway issue, and if so, would be dealt with in a different light. Would like Heidi Ashton, County Attorney, consult with them on the matter at the January meeting. Mr. Hovell announced the Public Hearing for the Erosion Control Hearing for the extension of the Erosion Control Lines related to the major renourishment project will be held on March 10, 2005 at 5:00 PM & 6:00 PM. XII. Next Meeting Date/Location 1. January 13,2005 -1:00 PM - Board of County Commissioners Board Room There being no further business for the good of the County, the meeting adjourned by order of the Chair at 3:56 PM. ***** COLLIER COUNTY COASTAL ADVISORY COMMITTEE Mr. Ron Pennington, Chairman 7 Fi3\3 Ha\as. \-\eon\o9 ~ CO'1\e ' - co\e\\8\ -- I~::J- It 7 . May 24, 2004 TRANSCRIPT OF THE 11EETING OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Naples, Florida, May 24, 2004 LET IT BE REMEMBERED, that the Collier County Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Commissioner Donna Fiala David Loving Kevin Durkin Robert Dictor Glenn Tucker John Sorey III Susan Becker Douglas House (Absent) Murray Hendel ALSO PRESENT: Jack Wert, Director of Tourism Maria Bernal, Executive Assistant/Tourism Heidi Ashton, Assistant County Attorney Ron Hovell, Public Utilities Engineering Joe Delate, Parks & Recreation ~la:aLDS ) (¡;(]5J 1 'A l 1 Tv: I bJ: 11- 7 May 24, 2004 I. The meeting was called to order by Chairman Commissioner Donna Fiala at 9:00 AM. Pledge of Allegiance was recited. II. Roll Call: Roll call was taken with Mr. Douglas House being absent. A quorum was established. III. Changes & Approval of Agenda: Add- Parks & Rec Dept. Beach Access Walkway - page 68A /Category "A" request. - County owned Museum - verbal. - Under New Business: Advertising Opportunity "Pulse on America"- page 84 - Tourist Tax History - error in fonnula - page replacement - Page 14A Commissioner Fiala mentioned if it is an item for voting, she would like to have any changes to the Agenda faxed to them in advance ofthe meeting for better preparation. IV. Approval of Minutes - Regular meeting April 19, 2004 - Page 9 - Name misspelled - should be Terry Fedelam - Page 4 - Under Mr. Hames report - did not understand his sentence concerning the Eco- Tourism. - Page 7 - should read "accessible" rather than assessable. Ms. Becker moved to approve the minutes of April 19, 2004 as amended. Second by Mr. Tucker. Carried unanimously 8-0. V. Staff Reports: 1. Director's Report - Jack Wert · Tourist Tax collections set a record in March - highest they have had since 1992. · Up 14% for the fiscal year through March. · Hoteliers stated April was a good month. Hotels are still full and traffic patterns are down. · Category "A" update - Hideaway Beach - County Commission reviewed and decided to fund, on a one time basis, replacement of the temporary T -Groins with permanent ones. The sand part will be paid for by the Hideaway Beach residents or the City through a Special Taxing District. Turtle monitoring cost will be split 50/50 between the residents and County. · Budget for Tourism Dept. is being reviewed and will have final public hearing in September before approval for October 1 st. · Page 14A - Tax collection figures month by month - collected in March but not recorded until April. 2 lto:!. A-7 May 24, 2004 Mr. Dictor asked ifhe has a revised total Revenue for the year in comparison to what was budgeted. Mr. Wert stated they have what was collected to date - $5,256,000 -12% over projections. He is projecting they will be approx. 5% over for the year. 2. Sales Manager Report - Debi DeBenedetto (Attached) · Sent over 6,534 direct leads to Hotels for meeting groups · Booked 45 room nights so far. · Trade Shows · Summer Promo's - 13 Hotels participating · Golf Shows · Followed leads on Web Site · Spa Retreat · Convention Industry Council - hosting in 2005 · Tourist Awards Luncheon · Meeting Planners · Secured $66,000 of complimentary advertising with WBPX- Miami Dolphins station - will do free promotions · Did Mother's Day Promo with TV station on other coast - $15,000 worth of free promotions · Hosting German Travel Agents for a F AM 3. P.R. Manager Report - JoNell Modys (Attached) · Working on Web Site · Provided Itinerary and Escorts for 9 Journalists · Press releases focused on regional importance · Nomination forms submitted for Birding Trail · POW WOW Trade Show in LA · Working on new web site continued · Everglades Outdoor Adventure Story · F AM trip - resulted article on bird watching in Ladies Home Journal · Tourism Awards - good coverage · Kayak - good summer activity continually promoting 4. Film Coordinator Report - Maggie McCarty (Attached) · Attended Largest Trade Show - focusing on "location filming" · Participated in Films US in LA · 60 leads from producers and production coordinators interested in this location · Several productions wrapped · Working with several leads · New 2004 Production Guide included in their packets · Worked with Legislators and attended meetings in Tallahassee · Webpage - text and content 3 Ifo:r.Â7 May 24, 2004 Mr. Dictor asked about the Guide Book - seemed all the services and accommodations are in the Tampa Bay Area. Maggie said it is a regional book - she shares resources from Tampa and all the way down the coast. It is a free listing unless they choose to advertise. The publisher sends out an inquiry and will use the yellow pages for listings. She will coordinate this for the businesses for targeting markets. Anyone that wishes to be in the book can be listed. It goes out in hopes of a response back for a listing to be part of it. Commissioner Fiala asked about sending all the members a list of publications. Maggie mentioned she keeps a data base with all the Hotels listed and explained briefly about the inquiries coming in and her follow through. 5. Inquiry Report - Jack Wert a. Phase V - Fulfillment & Call Summary- Carrie Durand/Account Executive · Promoting summer visitation - ads on Television, papers and up-scale magazines. · Increases in call volume ad web site visitation is seen · Showed video "The Power of Branding" - shows quality oflife and property tax saving for residents · Completed emergency campaign · Brochure and Guide finished · Producing TV spots announcing promotions b. North American Journey's Web Page - Mr. Wert explained the RDR - being normal calls coming in. The RR calls are those that need immediate attention. Inquiries are tracked ITom their web site. Referred to page 50 with primary source ofleads being magazines and mentioned the capturing of 432 persons from web sites wanting information about the area. Page 53 is the TV responses. c. Golf Pac Inquires - Jack Wert - showed inquiries relating to Golf and Golf Packages. d. Search Engine Report - Jack Wert - Page 65 is report ITom Marketing Company that markets the web site to the search engines. They pay for click charges - they are qualified leads. They have actually gone to the search engine and then to their website. 6. Paradise Advertising & Marketing - Cedar Hames Report given earlier and in packet. VI. Old Business: 1. Category "A" - County/City of Naples Beach Renourishment Update- Ron Hovell- Public Engineering Dept. - Important issues covered are as follows: 4 { IoI 4 7 May 24, 2004 · Has telephone conference Wed., with FL DEP and consultant for additional infonnation relating to the pennit application. If they can't get application completed by the end of June, may not be able to start pumping sand the first of November. a. Easements · Have been calling residents and hope to get most of the easements. · Getting Resolution for Board to accept the easements. · Ifthere is no easement received, will not enter their property. Some may not sign for various reasons, and could have an odd looking beach in some areas. · Many of the Requests for Additional Infonnation (RF AI) had to do with the sand source. The consensus ftom the City Council is to use only one sand source and will then get rid of some of the questions and speed up the process. Mr. Sorey stated the City Council did decide to use one sand source. He asked Mr. Hovell what would be the plan and impact ifthey do not make the timing for the project. b. Schedule - discussion of progress and potential barriers to meeting a November 2004 construction start date. Mr. Hovell stated they are in better shape now than a few years ago and depends upon the summer weather and stonns with erosion. If all goes well with weather, they should be on schedule. The pennit ftom the State and Federal Government is one issue and the other is the contractor. They have already started to select a dredging company. Mr. Hovell wants to get everything in order by their next meeting in June. Need to get the pennits in hand, bids, award the contracts, provide a Notice to Proceed and then do the work. They need to look at other factors such as turtle season etc. and may not be able to do in a sequential process. State is allowed 30 days to accept the application as complete or ask more questions. If they go through another round, he didn't feel they would make the November deadline. All the dates are important and need to get contracts signed etc. with the Board. It is not uncommon to see 45 to 60 days to proceed for a contractor which would not put them in the timeftame of November 1st. Mr. Hendel asked what happens if they don't make the November 1st date. Mr. Hovell responded it depends on how much of a delay it may be and how fast the contractor can do the work. They are recommending 3 5 ¡c.,¡. AI May 24, 2004 dredging firms that have plenty of equipment and have all taken a guess on how many working days it may take to do the work. They predict 100- 120 days. Could potentially be done before April 15th, but could run a risk. The mobilization charges will exceed $lM. If it can't be finished, they would have to come back after turtle season and there would be additional costs. Mr. Sorey wants the public to be aware of the situation and ifthey take a risk, there are financial implications. Mr. Wert stated they will be holding public meetings. Mr. Hendel asked about the easements - if it was possible condominiums wouldn't sign. Most condos have had a renourishment program and would only be the privately owned land in question. Mr. Hovell gave some examples of what has happened in the past and some ofthe ramifications. 2. Category "A" Hideaway Beach Renourishment Update a. Request for Additional Information #2 - same information as above. This is the second request for additional information but has a partner with this one as the property owners are setting up a special taxing district. Many local things within their control- but the larger issues are related to the permit. They only have one sand source there. The questions from the State relate more to the environment issues with Rookery Bay and Keewaydin Island etc. Mangroves are also an issue and concern - again less likely to start in November the more round of questions they ask. b. Plans and Specifications Work Order Proposal Turning to page 67 - he needs a recommendation fTom the TDC for issuing a work order for $45,000 for Humiston & Moore. CAC has recommended it. It includes approving the $35,000 Budget Amendment and issuing the $45,000 work order. Mr. Tucker moved to recommend to the County Commissioners approval of the requested Budget Amendment and Work Order. Second by Mr. Sorey. Carried unanimously 8-0. c. Schedule: discussion of progress and potential barriers to meeting a November 2004 construction start date. Covered above d. Request from Parks and Recreation - Beach Access Walkway - Joe Delate Grant application had been passed out for the members. 6 Ib I It 1 May 24, 2004 Mr. Wert explained this is part of Parks & Rec's $2M allocation in the budget. Does not have the same requirements as the Yz mile limit - this is beach access or beach facility projects anywhere in the County. Mr. Delate apologized for the late hour of the request but just came to their department recently and was brought about during a Coastal Construction Line Variance for a condominium. At that time Commissioner Fiala requested the donation of an access easement from the property owner. We were then aware the access easement was available and asked to develop it eventually. Met with the Contractor last week in which time there was only a short period of time to actually construct the access easement before the condominium is completed. Once it is completed it would be difficult to build as it is a small area - 5 foot width access easement. · Showed visuals ofthe area - Jj,¡ mile north of Vanderbilt Beach Road on Gulf Shore Drive. · Site of fonner Hotel- Vanderbilt Hotel · Will be building a 10 story condo with a 1 story parking garage. When the Commission approved Construction Line Variance for the project - they received a 5 foot access easement for pedestrian access to the beach. · Parks & Rec is asking approval for a grant to provide funding to design, pennit and construct a beach access boardwalk from Gulf Shore Drive to the public beach. · Proposing an elevated boardwalk and showed picture ofthe area with trees etc. · Will barely accommodate handicap clearance - but will. · Site work for the condo will be started in October and complete it in March '05. · Showed several pictures on the visualizer. · They are asking for $148,500 - break down is in their packets - $110,000 proposed for the boardwalk construction including fencing etc. · Would come out ofthe allocation of Parks & Rec. · There is no parking involved. Mr. Hendel mentioned this is a big plus to have access to the Beach. Mr. Loving asked how long it is - approx. 220 feet from the street - some is from the right-of-way according to Mr. Delate. Mr. Loving asked about a previous proposal from Parks & Rec - Mr. Delate responded that was for another boardwalk to remove and replace it. He is very comfortable with the price they have today. Mr. Sorey commended Commissioner Fiala for her endeavors and encouraged the Planning staff and County Commission to take advantage of any opportunities such as this one for the future. 7 j/':¡'Âl May 24, 2004 Mr. Sorey moved to approve the Vanderbilt Beach Walkway access for a total of $148,500. Second by Ms. Becker. Carried unanimously 8-0. 3. Category "C-2" Grant Application-City of Naples for Naples Preserve Eco-Educational Center - David Likens · Was asked to revisit and bring additional information back to the Committee. They have firm pledges of $50,000 as a match trom private donors of who are affiliated with the Friends of the Preserve. · Web site information has been added to the links and can click on any partners ofthe Preserve that will link to that individual facility and will be then be their own web sites. · Volunteers promote, educate and provide walking tours and educational opportunities. · Have brochures as well as a City brochure - distribute 10,000 in the community . · High priority to manage it and is a citizen driven initiative. Commissioner Fiala had visited the Preserve and was also impressed that anyone can access it along with their brochure. Suggested to link into the TDC website for promotions. Mr. Hendel too visited the Preserve and was very impressed and would favor a motion. Mr. Sorey thanked Bill Meek in raising the $50,000 and also supports the grant. Ms. Becker moved to accept the "C-2" Grant Application for the City of Naples Preserve Eco-Educational Center for the $50,000. Second by Mr. Hendel. Mr. Wert mentioned they will need to have an Amendment for the Tourist Tax as the wording isn't clear that it is for a municipal owned Museum. Ms. Becker amended her motion and Mr. Hendel his second to include an Amendment for the Tourist Tax. Carried unanimously 8-0. VII. New Business: 1. Category "C-1" Grant Application - County Owued Museums-FY '05 Plan - Jack Wert · County owned Museums get 12% of the "C-2" Funds. · Projected revenue for FY '05 is $1,276,900 · Located on campus of County Government, Everglade City and the Roberts Ranch in lmmokalee · Discussed the publicity and marketing 8 1,,:r.A7 May 24, 2004 · Is part of the Ordinance and goes through same budget process as TDC · Recommended to move forward with the funding · This is all for the operation of the museums for salaries, upkeep and expenses to run the three facilities. Mr. Sorey asked if the revenues go over or are under the 12% how they should word the motion with the 12% or the $1,275,900. Mr. Wert indicted they should recommend supporting the current allocation of 12.1 % rather than specifY a specific amount. They received the information that day and wondered if they should review and study the budget before making a recommendation. Mr. Sorey is supportive of the Museums, but not the process they are looking at right now. Mr. Durkin mentioned he has asked several times for the Budget numbers for several years and has never received them and not comfortable voting on it until he receives it. Mr. Dictor also agreed and felt they should begin to move towards a flat amount of money for the allocation. He didn't agree with the percentage. Commissioner Fiala mentioned the possibility of building a Regional Library on Lely Cultural Blvd. The County owns 20 acres and is considering all the museums and facilities offthe government complex over to that property. With a Cultural Center all on one property. Also considering partnering with the City of Naples or Heritage Group running the Naples Depot. Possibly moving the museum under theirs. May not want to limit to a flat amount if it grows and is a better asset to the Tourism industry. Mr. Sorey mentioned the City Council was supportive of the County moving forward with 501C-3 - in support of the Depot suggestion. Mr. Durkin moved to defer any judgment on the grant application until they have reviewed the Budget, even though they may need to call a Special Meeting. Second by Mr. Dictor. Carried unanimously 8-0. BREAK - 10:43 AM RECONVENED -10:53 AM Mr. Wert had just spoken with Ron Jamro, Museum Director, and had explained he had no figures yet because of discussions with the County Manager and the items discussed earlier concerning the possibility of a Regional Library. Did not have a chance to put figures together. 2. FY '05 Tourism Department Budget - Jack Wert . Page 71 - 82 - outline of current Budget 9 ---->"_..~ {bI 41 May 24, 2004 · Addressed different line items of contracts, marketing, promotions, dues & memberships for trade shows, advertising and Fund 196 for Emergencies. · They are maximizing the dollars and keeping expenses as low as possible for operational and putting all the money they can find for advertising and promotions for trade shows and various activities. Mr. Hendel asked what their original budget was for '03 and '04, and why was it amended? They had asked to move $400,000 from the Reserve Fund in Fund 194 for additional advertising and promotion for the Trade Show Booth and un-anticipated items. They have approx. $500,000 in their Reserve Account this year and will drop to $129,300 next year. Still have a cushion in case they need additional funds and still have $900,000 for the emergency advertising. · Fund 195 - Beach Projects - in agreement with the 10-year plan. Includes the major Renourishment project. · Salaries - Fund 194 - are down because they did not hire people through- out the year as anticipated. Mr. Durkin moved to approve the TDC Budget as presented. Second by Mr. Tucker. Ms. Becker asked about page 76 and the $4M for Hideaway Beach. Mr. Wert explained it is the full amount of the project and will be a 50/50 partnership. They budget the full amount and will be reimbursed from the Special Taxing District. Shows the reimbursed amount on the Revenue side. Carried unanimously 8-0. **Pulse on America Television Opportunity - Jack Wert · CNN local programming segments are sold to local areas for programming for many markets. · Corporate Retreats - important part of the market they are trying to attract. · Cost of segment is $28,700 · Is a good investment opportunity Mr. Tucker moved to use $28,700 from the Opportunity Marketing Funds for the advertising opportunity on CNN. Second by Ms. Becker. Mr. Wert explained when an item has not been specifically covered in the Budget; they go to the TDC for a recommendation so when the bills go through, the Clerk of Courts has a justification for payment. Carried unanimously 8-0. 10 1101/47 May 24, 2004 3. Summer Meeting Schedule - Jack Wert · Normally do not meet in July & August. · August 23rd - normal meeting date, possibility of joint meeting with CAC for looking at proposals from Contractors for major beach renourishment. · If not a quorum, will poll both groups and have an alternate date. VIll. Announcements - None IX. Audience Input & Discussion - None X. Council Discussion - Commissioner Fiala mentioned some members serve on both Committees (Coastal Advisory Committee & Tourist Development Council) - she felt there was a conflict of interest if she, perhaps, sat on both Committees and mentioned if there are more that serve on both committees, it could be a combined as one Committee. Mr. Sorey would not recommend combining them as there are several things in both committees that are not discussed in the other. Discussion followed - Commissioner Fiala mentioned she discussed this with the County Attorney and found there was no conflict of interest, just perhaps an appearance. None ofthe other Committee members had a problem with it. She will bring it up at the BCC meeting. XI. Next Meeting Date/Location - June 28th, 2004 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:20 AM. COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Chairman Commissioner Donna Fiala 11 / IfoI It 7 June 28, 2004 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Naples, Florida, June 28,2004 LET IT BE REMEMBERED, that the Collier County Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Commissioner Donna Fiala (Excused) Vice Chairman Glenn Tucker David Loving Kevin Durkin Robert Dictor Susan Becker Murray Hendel Douglas House (Excused) John Sorey III (Excused) ALSO PRESENT: Jack Wert, Director of Tourism Maria Bernal, Executive Assistant/Tourism Heidi Ashton, Assistant County Attorney Ron Hovell, Public Utilities Engineering Gail Hambright, Administrative Assistållf: Murdo Smith, Parks & Recreatiçm dJ~0..:L. 1&{i, A, 1 IIoJ-A7 June 28, 2004 1. Meeting was called to order by Vice Chairman Glenn Tucker at 9:00 AM. Pledge of Allegiance was recited. II. Roll Call: Roll call was taken with Mr. House, Commissioner Fiala and Mr. Sorey being excused. A quorum was established. III. Changes and Approval of Agenda: Mr. Durkin moved to approve the Agenda as presented. Second by Ms. Becker. Carried unanimously 6-0. IV. Approval ofTDC Minutes - Regular Meeting May 24,2004 Ms. Becker moved to approve the minutes to reflect changing the word on page 9 to "indicated". Second by Mr. Tucker. Page 8 - Mr. Likens is spelled "Lykins". Page 9 - Correction of amount being $1,275,900 (Note: Amount cannot be changed as that was amount stated) and change 12.1 % to 12%. Ms. Becker moved to approve as amended. Second by Mr. Tucker. Carried unanimously 6-0. V. Staff Reports: 1. Director's Report - Jack Wert (Attached) · Sponsor for Florida Society of Assoc. Executives annual meeting. · Tourist Tax collections continue to increase. Summer business looking good. · Added projected amount of Tax on page 15 with comparisons. a. Tribute to Annie Olesky Mr. Wert stated Annie Olesky passed away, who was a pioneer and driving force behind the Restoration of Lake Trafford. The BCC named the Lake Trafford Park after Annie Olesky. He also attended a memorial service for Terry Miller, husband of past TDC Board member Rhona Saunders. Any donations are welcomed for the Terry Miller Scholarship & Education Fund through the Naples Press Club. b. Tourist Tax Collection Report Given above. Mr. Wert informed the members they are approaching the time when all the Agendas can be put on the Website electronically. By September they hope to have the entire agenda on the screens in front of them at the meeting. Those that wish to receive a hard copy can do so and let Gail Hambright know. Some of the members favored the hard copy 2 J "LA 1 June 28, 2004 at the meeting with receiving it electronically in advance of the meeting for review. The time of the joint meeting on September 9th with the Coastal Advisory Committee will be 1 :30 PM. Regular TDC meeting will be September 27th at 9:00 AM. Mr. Wert mentioned they will present excerpts from "Roberts Rules of Order" at the September meeting. Information will be on how to conduct a meeting, keeping motions in order and staying on track. 2. Sales Manager Report - Debi DeBenedetto (Attached) · Group rooms booked from RFP's sent total to date over 6,000 room nights booked. (Some pending) · Attended educational conference · Florida Awards Program · CVB support Hotels with Florida Rewards Program - rewards travel agents for booking destinations. · Working on "Stay 3 nights get the 4th night Free" Program · Planning Seminars · Leads for Group Tour Operators · Negotiated $4,200 worth of Florida Rack Brochure Distribution - paid $1,500. (30,000 distributed) · Busy with phones and e-mails 3. P.R. Manager Report - JoNell Modys (Mr. Wert gave report) (Attached) · JoNell has been working on Website - it is live and up and running. Has new look. www.paradisecoast.com More information will be added. · Will be able to make own changes to the site - not through Web Master. · Hosted travel writers. AT A & Spirit Airlines & more. · Escorted tour of regional press contacts to Key Island · JoNell was appointed to 2 year term as Board member on Public Relations Assoc. of Collier County. 4. Film Coordinator Report - Maggie McCarty (Attached) · Reality Television Show "I Want That House" · Added press - shadowed film crew and did story. · Had still shoot · Commercial out of Los Angeles · Have tentative independent film · Office in Florida - developing website. 3 --,,-- Jb I A~ June 28, 2004 · Annual meeting "Film Florida" - states largest entertainment organization - working on Agenda & nominating committee. · Is Chainnan of the Film Commissioners Council 5. Inquiry Report - Jack Wert (Attached) a. Phase V - Fulfillment & Call Summary · Inquiries up · Florida Leads inquiries on a monthly basis with Texas #2. · Web site inquiries up - with new look - Search Engine will get address higher in the standings in looking for infonnation. b. Golf Pac Inquiries · Golf information and holidays continues to be a good spot on the website. · Not a lot of activity for summer golf c. Search Engine · Discussed the clicks on Google, Overture and Looksmart. · Overture more costly - not negotiable - buy key words which are more popular thus more costly. Supply and demand. Have over 400 clicks each month. · Will look at it cautiously and not be hasty in dropping them. 5. Paradise Advertising & Marketing - Cedar Hames Carrie Durand - Account Executive with Paradise Advertising and Marketing - gave report: · Explained - "Stay 3 get 4th night free" program (Showed the Ad on VCR) Start to run on June 28th. · Discussed newspaper advertising, banner on FLA USA website, e-mail blast entire data base (Shown) · Landing page - will reach on the home page. · Will send oversized post card to American Express members. 26 Hotels participating in the "Stay 3 nights etc." program- being approx. 25%. Promotion had run last summer and was very successful and will continue through September. Emergency Campaign · Developed television and web site information for different scenarios. One version shown was if a hurricane strikes and affects this area, the other, if it strikes somewhere in Florida but not this area, but the perception is it striking all of Florida. · 2 Commercials were shown. · Showed the website and a pop-up 4 I~:¡ A1 June 28, 2004 . Will be seen in major feeder markets outside Florida - major networks such as CNN. VI. Old Business: 1. Category "C-l" Grant Application-County Owned Museums-FY 05 Plan - Jack Wert · Museum in Immokalee area still has work to be done. · Museums had over 55,000 visitors last year. · Staff - 8 full time and one part-time employees · Volunteers - 8,000 hours last year. · Budget projected is $1,276,900 - 12% of the first 2 pennies is allocated. · Will do more exhibits this year. · There is line item for advertising and media promotion · Will convert part-time assistant at Everglades to a full-time position. Ron J amro - Director of Museum Presented the request as follows: · Past year successful and productive · 56,000 visitors - 50 states and 27 foreign countries · Old Florida Festival and special exhibits and family activities draw audiences. · Roberts Ranch is on National Register of Historical Places · Phase I - underway · Handed out pictures of new exhibits to Committee members · Exhibits at Everglade City this summer · Continued improvements is key element · $420,000 request will help complete exhibits at main museum next year. · Convert Part-time employee to full time status · Featured nationally on History Channel · September they will host Florida Assoc. for Museums for first conference in Naples. (over 300 delegates-several room nights at Ritz Carlton) · Museums featured in hotel in-room guest publications. Mr. Hendel asked about the background and possible problems concerning their budget. Mr. Jamro responded in years past the TDC was a difficult meeting to attend and explain the way the allocation is set-aside for the museums and the way they spend it. The Budget is of public record and available to members as well as anyone else. Mr. Hendel asked about the new person with the Insurance being $10,000 and the salary $13,000. 5 .--- {fol A.., June 28, 2004 Mr. Jamro responded the $13,000 is the half share to make up for the new full time position. (Expanded service) Health Insurance is based on full-time salary. Health benefits were discussed. Mr. Hendel also asked about the $60,200 carry forward. Mr. Jamro had hoped Gary Vincent, from the Budget Office, would have been in attendance to explain parts of the Budget to the Committee. Mr. Jamro could not explain it. Mr. Wert explained carry forwards are usually projects that are not fully completed by the end of the fiscal year. It would be rolled over and carried into the next budget year in which they would be able to pay the balance of the expenses on those projects. The budget Actuals, operating expenses of exhibits and variances were discussed. Mr. Jamro stated they don't go over budget. Mr. Dictor asked about the $593,000 for the completion of the exhibits. The different operating expenses were discussed. The Committee was concerned that the Budget Analyst was not in attendance to answer pertinent questions and should have been there. Mr. Wert will try to get someone from the Budget Office but stated the $593,000 is included in the total operating expenses for the Museum and for the completion of the construction of the museum. Footnote means it is a sizable expense within the total operating expenses. It is for '05 expenditure. Other figures were discussed and explained by Mr. Wert. Mr. J amro covered several line items in the Budget. (Budget was not presented for the Record) He mentioned they are asking the Board of County Commissioners to also meet their needs with General Fund monies. SPEAKERS Peter Thomas - speaking on behalf of Collier County Museum. Stated the Museum gives the culture and history of Florida. Attracts tourists, veterans and residents. He was involved in "D" Day invasion and stated the exhibit concerning "D" Day was one of the best he has seen and was very well done. Need to get priorities right and must fund to continue to tell the history of Southwest Florida. Don Craig - President "Friends of the Museum" - Excellent people on the Board. Support and help where needed. The "D" Day Exhibit was fantastic. Crowds coming from all over. Support the museum wholeheartedly. Elbert Stickles III - Volunteer for 20 years - has watched it grow and deserve recognition. Work with school system and children are excited about museum and have learned much. Having facility available is important. Have 415,000 virtual visitors. Need to have exhibits to keep them interested. Constance Carter - voter in Collier County and retired teacher - agreed with previous speakers. She is not only pointing out the many visitors from other countries, but that the facility serves not only tourists, but is used by the citizens of Collier County. 6 It, l A7 June 28, 2004 School children, many proud veterans and others share experiences and get an education from the exhibits. All activities cost money much as the beaches, past and future of Collier County is important - museum is not self-supporting. Need support of everyone. Arthur Lee - retired from US Foreign Service - studied archeology - directs laboratory on museum grounds. Those passing by can actually watch them at work. Discussed the volunteers and the archeology work done on site. Information important to visitors. Claudia Davenport - Everglades Charter Member - was on Committee that offered property to Collier County for the (Everglades City) Museum. Education, materials for children and restoration important. Small community, but everyone benefits immensely. Patty Huff - resident of Everglade City - President of "Friends of the Museum" - over 130 supporting members including Canada and England plus many local businesses. Many winter residents are also members. No better way to communicate the local history than through the County Museums. Is a legacy and educates the children and public. Talked about the past and restoration of the building. Has been listed in the National Register for Architectural significance. Have received plaques from State. Friends of Museum donated the building to Collier County with the agreement that the County would continue with renovation through grant funding and provide financial and personnel support for the Museum of the Everglades. Not a one year agreement but an ongoing commitment by the County. She gave statistics of visitors to date. Tourists praise exhibits and state how much they have learned from the museums. Is an asset. Will host tours and expand exhibits but need the funds for a reality. F. A. Johnson - Agreed with other speakers and mentioned what a marvelous exhibit on June 6th for the "D" Day Exhibit. So much work done by volunteers and he supports the budget that is now under consideration. Keith Flenner - local resident - family trips have been visiting museums and as a scout leader as well. Visiting re-enactments have led 3 Eagle Scouts to being Cadets at West Point. Talked about the Roberts Ranch and others and stated it would be a great loss to Collier County if not shown to visitors, family and friends. BREAK - 10:25 AM RECONVENED -10:34 AM Ms. Susan Usher from the Budget Office was in attendance to address any questions the Committee might have concerning the Museum Budget. Mr. Dictor asked if the $593,000, indicating the completion of the museum exhibits, is included in the $857,000 line item for operating expenses for Budget year '04/05. Ms. Usher indicated she does not work with the Budgets for the Museum but answered Mr. Dictor's question stating it appears to be, but would have to confirm upon Gary's return. Because the note says the $593,000 is included in 7 llol.. A7 June 28, 2004 the Budget for current year the $593,000 is in the '05 column and not necessarily part of it totally, but the operating part could be in CapitaL He asked if it is a one time expense, would it be in next year's budget. Mr. Jamro answered "yes" - they will not see it again. Then he discussed the list of other items on their plan they are working on. The exhibits are their number one priority. Mr. Loving mentioned they will see requests for improving and expanding the museums. Mr. Hendel moved to approve the request for $1,276,900 for the current year. He thanked all the guests in whom he learned from and stated the Council needs to do what they have to do. Second by Mr. Loving. Mr. Loving didn't feel comfortable they have to justify their history every year. Mr. Tucker stated it puts the Tourism Council in an awkward position as they constantly have a sense of balancing which pocket it comes from. Sometimes it is construed and is not the sentiment. Carried unanimously 6-0. 2. County/City of Naples Beach Renourishment Update - Ron Hovell - Public Utilities Engineering Dept. (Attached) · Submitted permit application in October '03. · Some outstanding items - Hardbottom datalMitigation - Near shore/Borrow areas · Trying to avoid Hardbottom impacts - coarser sand - but State wants mitigation. · Noise/Work hours - County and Naples · Still dealing with Easements - County and Naples (Where to place sand) · Erosion Control Line - County and Naples · Storm-water Outfalls - City of Naples · Federal Sand Lease - need lease from US Management Service State has 30 days to accept or issue another set of questions. Sounds like they will ask more questions. If they would issue the application complete, they would then have 90 days to issue a permit which takes it to October 5th. On the Contractual issue, they will need 30 days notice. State normally takes 110 days which would put them on a very tight schedule. If another set of questions, they would have to plan another year from this winter. They are aggressively pursuing the permitting so they have it in hand. Addressed Erosion Control Line - showed on visualizer. Showed where the beach starts and the erosion control line is the permitted property line established through public hearing process years ago. Easements will allow them to put sand in the area of private property but if they don't do it, they would have to put a higher level of sand in front of a lower area 8 1 to 1- A7 June 28, 2004 which could cause ponding. Another issue is moving equipment up and down the beach - if someone doesn't give an easement they will have to mark the area/so They are not seeking out any easements from private property owners that allow access from the street out onto the beach on developed property. They are only looking for easement on the sandy part of the beach. Mr. Hendel asked if the agreements can be carried over without doing them again next year if it is delayed. He also asked about the noise/work hours. Will state on the agreement that it could be carried over to next winter. Unless a waiver is gotten from the City/County on the noise/work hours, they would have to restrict the Contractor to comply with the hours which could drive up the cost of the project. Mr. Hovell felt strongly they will get the waivers. 3. Hideaway Beach Renourishment Update - Ron HovelI (Attached) · Similar to the above - applied for pennitting in October. · Issues different - Mangroves along beach area · Outstanding Florida Waters/Rookery Bay · Sand Source · Mixing Zone Variance- distance away · Another issue is Easements - · Public Hearing was held - will file final paperwork in Tallahassee · Timing - will respond to additional infonnation request end of week - 30 days to review - could issue around November 1 st. · Equipment not as big as other project · May start December · Board approved cost sharing agreement - special taxing district fonned will pay for the sand, and tourist taxes for the pennanent structures (T-groins and Jetty). · Asking to bring bids for Joint meeting with CAC & TDC on September 9th for a recommendation from both groups. All assuming it is on track for pennitting. · Need to remove temporary sand bags with cost coming out of Tourist Taxes. · Funding is $4.5M total- $2M from city and $2.5 tourist taxes. 4. Naples Botanical Garden - Interim Progress Report - Jack Wert · Quarterly reports · Self-guided activities - hand held computers · Exhibition breakdown · Public interest as they grow · Matching contributions coming in - $158,700 from TDC Funds · Looking for other sources of funding is successful · More promos and exhibits 9 /101- A-' June 28,2004 5. Vanderbilt Beach Parking Garage - Additional Cost Approval . Garage was delayed because of law suit - 4 years since Board looked at project and costs have gone up. . Projected cost went from $3.8M to $4.6M. (Additional $800,000) Murdo Smith - Parks and Recreation The 20% increase is due to delay in construction costs and have had some modifications in being asked to add a top trellis in agreement with WCI. It will be same three levels as original. Same footprint. Mr. Loving moved to approve the additional $800,000 for the Vanderbilt parking garage for a total of $4.6M. Second by Mr. Tucker. Carried unanimously 6-0. VII. New Business: None VIII. Announcements: -Ms. Becker mentioned she attended the Tourism Roundtable. She encourages other TDC members to attend. She would like the members' names on the list of announcements. -Heidi Ashton - Assistant County Attorney cautioned the members, ifthere is more than one TDC member, to be aware. They are not advertised public meetings and the members cannot discuss any matters to come before the TDC with another member. Would not want it to be perceived it is an attempt to hold a meeting or communicate among them - did not want the committee members to be in a position to defend themselves. -Mr. Hendel asked about the zoo. Mr. Wert stated they have been asked for their interest in the zoo as being part of the tourism industry and interest to the visitors. There may be added discussion if it goes to a referendum. TDC has no additional funds to contribute. They are promoting and supporting it as a visitor experience and support the eco-tourism efforts. -Reminder - Joint meeting on September 9th with CAC at 1:30 PM. -Regular Meeting - September 27th - 9:00 AM IX. Audience Input and Discussion: None X. Council Discussion: 10 --.,_._.."~ IColf17 June 28, 2004 Mr. Hendel asked about the subject of dual membership being brought up by Commissioner Fiala at the BCC meeting. He asked what the decision was. Mr. Wert answered it was discussed with basically no concern as the end result. There are the same two members on the TDC and CAC. It was noted Mr. Tucker wouldn't be on CAC unless Mr. Arceri resigned. XI. Next Meeting Date/Location - discussed earlier under VIII. Announcements. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:15 AM. COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Vice Chairman Glenn Tucker 11 .... ~---_.~ I hI A 7 Fiala )J' ~.-. : '.~: ..£.(/7 __'_. , ,:0·. -/__..-- é·~'etta =--,7--- Septernber27,2004 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Naples, Florida, September 27~ 2004 LET IT BE REMEMBERED, that the Collier County Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building ''F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Commissioner Donna Fiala (Excused) Vice Chairman Glenn Tucker David Loving Kevin Durkin (Absent) Robert Dictor Susan Becker MUITay Hendel Douglas House John Sorey III (10:28 AM) ALSO PRESENT: Jack Wert, Director of Tourism Maria Bernal, Executive AssistantJTourism Heidi Ashton, Assistant County Attorney Gail Hambright, Administrative Assistant .~~- 1P(.z;) ~7 --. ... '._'-~'#'- ~ '-'-'" -.-.".. ,~,,-~,,-~---'"'' /101 A 1 MEETING AGENDA & NOTICE COlliER COUNTY TOURIST DEVELOPMENT COUNCIL Monday, September 27,2004, 9:00 A.M. . Noon Collier County Government Center, Administration Bldg. F, 3 rd Floor 3301 East Tamiaml Trail, Naples, FL 34112 I. Call to Order II. RollCall III. Changes and Approval of Agenda IV. Approval of TDC Minutes· Regular Meeting June 28, 2004 V. Staff Reports 1. Director's Report - Jack Wert 2. Sales Manager Report - Debi DeBenedetto 3. P.R Manager Report - JoNel! Modys 4. Film Coordinator Report· Maggie McCarty 5. Inquiry Reports - Jack Wert Phase V - Fulfillment & Call Summary a. Golf Pac Inquiries b. Search Engine Report 6. Evans-Klages Research Services - Walter Klages 7. Paradise Advertising & Marketing - Cedar Hames VI. Old Business 1. South Marco Beach RenourishmenUCaxambas Pass Dredging; Permit Fees required by Request for Additional Information #1 2. County/City of Naples Beach Renourishment Update; Permitting Issues a. Clam Pass Park Beach Renourishment 3. Hideaway Beach Renourishment Update: Consultant Funding Budget Amendment for Pre-Construction Survey and Rest-of-Permitting-Issues Work Orders VII. New Business 1. Post "Hurricanes" Beach Impact Assessment 2. Barefoot Beach Renourishment & Wiggins Pass Dredging VIII. Announcements IX. Audience Input & Discussion X. Council Discussion XI. Next Meeting Date/Location - October 25, 2004 XII. Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Jack Wert at (239) 403-2402. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 774-8380. Public comments will be limited to 5 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to. addressin9 the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. .~.- __---1 b.L A 1 September 27> 2004 I. Meeting was caned to order by Vice Chairman Glenn Tucker at 9:00 AM. Pledge of Allegiance was recited. II. Roll Call: Roll call was taken with Commissioner Fiala and Mr. Sorey being excused. Mr. Durkin was absent. A quorum was established. III. Changes and Approval of Agenda: Ms. Becker moved to approve the Agenda as presented. Second by Mr. House. Carried unanimously 6-0. IV. Approval ofTDC Minutes-Regular Meeting June 28, 2004 Ms. Becker moved to approve the minutes of June 28, 2004. Second by .Mr. Durkin. Carried unanimously 6-0. V. Staff Reports: 1. Directors Report - Jack Wert (Gave Debi DeBenedetto's report as well) · They have gone from an all paper Agenda to an electronic Agenda that is on the Website. Will save printing costs. · Hosted SE Education Conference of Meeting Professionals Int. at Registry Resort in August. Voted best MPI ever held. · Debi attended other shows and conferences in many areas of the States. Many of their booths were shared by Hotel partners. · JoNell Modys very busy during Hurricane Season working with emergency centers as we11 as other entities. · Tourist Tax May/June/July - record months. September slowest month. · Special 800# was available during Hurricane Season all over the United States for availability of Hotel rooms in the area. Emergency Operation Center used the number for many of the calls they received. Averaged 400 calls a day nonnally and SOO calls a day during Hurricane Jeanne. · Some meetings have canceled and some rescheduled - but they haven>t rescheduled during hurricane Season. · May be next summer before we see any impacts from the stonns. National News and Weather Channel hasn't told the whole story. Collier County has not been in the news - consequently prompted the calls. · State Tourism is doing research for future and potential visitors to see what their plans and vacations may be. · There are misconceptions - and getting the word out that we haven't been affected by Hurricane Charlie etc... Emergency funds have been and will be used. Ran on CNN Headline News and in the Palm Beach and Miami markets. 2 . ~- .._-,_..-~--. .....".,,"- ) IoI A 7 September 27,2004 2. Sales Manager Report - Debi DeBenedetto Report was given by Mr. Wert above. 3. P.R. Manager Report - JoNell Modys · Appointed as At-Large member for State's Tourism PR Committee. Has put her in the midst of the States efforts to recover from all the stonns. · Placed key messages stating we are "okay". · Many Press Releases were distributed. Articles in packet. · Hotel Hot line had been implemented and generated over 1,200 calls. · F AM Trip for travel writers did not cancel and were thrilled they attended. They saw first hand how a Hurricane hit so close and impacted North Naples and how Collier County was a true Paradise. · Non-Hurricane Publicity Highlights were given. (Everglade City- Fishing in the Everglades) Capt. Gary Thompson · Post stonn can turn into feature articles. · Covered other activities she has been involved in. · Responding to requests by media and websites. 4. Film Coordinator Report - Maggie McCarty · Strong summer in Productions · Two low budget films shot here - commercial print work and episode of "I Want That House" · European television market is discovering Collier County. · Hope to host lJK's location managers Guild · Talking with Gennan television · Working on Film Office Website with Paradise Marketing on more location photos, links and downloadable permits and a CD. · Attended Independent Film Producers Market in New York - co- sponsored reception. · Naples will host an orientation State wide - contest challenging film makers from students to professionals. · Articles included in packet. · Re-elected as State Chair of Film Commissioners Council S. Inquiry Reports - Jack Wert Phase V - FulfilJment & Call Summary - June/July and August reports in the packet. - Discussed the different call areas along with magazines, guides, television and the web sites. - Newspaper inserts have resulted in numerous inquiry calls. a. Golf Pac Inquiries - $250,000 in impact leads for the fiscal year. Continues to be good. 3 "'- . .....-.._~.. .....--.------.----.-..-... I fç l-Ê 7 September 27, 2004 b. Search Engine Report - pay per click sites - Google, Looksmart and Overture. 6. Evans-Klages Research Services - Walter Klages o In first 2 quarters of year - reached 932,000+ visitors o Economic Impact - $633M last year - $702M in expenditures this year. o Discussed the different market areas with money being spent on retail and dining out o In-Home Visitors-tracked since 1981. Tracked by in-home survey onsite. Done randomly and then calculated by a percentage. o Covered the Graphs and Maps in handout Occupancy - May critical point because high season ends - summer season is June/July & August. Another break is in August with second season being SeptJOctJNovlDec. Need to concentrate on the second season. Attractive for Europeans and get-a-way holidays. o Covered the visitor origins and Occupancy and room rates o Internet very important - strong for infonnation sources o Median Age of visitors attracted is 42.6 and Median Household Income is $147,439 - very unusually high figure, dealing with very upscale, very demanding and very picky group of people. Need to deliver the product and we do. c Hurricane Panel results - Severe Impact 16%, Minor Impact 24% and no impact 60%. (No real physical damage in our area) o Estimated time to recover is less than 1 month. 7. Paradise Advertising & Marketing - Cedar Hames Kerry Durand gave a brief overview with handing out a Sales CD to the Board which can also be mailed as it is the size of a business card. She showed it on the computer to show it is similar to a TV spot and linked to the web page. · They reacted quickly to the Hurricane emergencies - two spots were shown that aired on TV due to Hurricane Charley. An E-blast was run nationally and online. (Coast is Clear & Out of Harms Way & Thing of the Past) · They have campaigns for other emergencies that may occur. · Marketed a Coop Marketing Booklet - vacation guides etc. · Were able to send attached e-mail blast to entire data base of names. Mr. Wert talked about the Marketing and Advertising Plan. . Page 141 in their packet illustrated "Branding the Destination" and gave the Brand ImpJen1entation. . A branding and sJogan for this destination as Paradise Coast - Florida's Last Paradise - many of the Hotels are now anxious to use the same message in their advertising and promotions. The Agency is working on pieces they can use on web sites etc. 4 _.._--~_.._._~..._- ¡(PI 1t7 September 27, 2004 · Mission and "Vision of the Destination and Mission Statement" was referred to on Page 142. Generates positive economic impact for the Community. · Competitive Analysis - showed how many advertising dollars they need to be competitive with other destinations. Are at a competitive disadvantage having the few dollars they have. Have to leverage the dollars best way they can - that's why they coop as much as they do. If not out there advertising their product - it's out-of-sight out-of-mind and is quickly forgotten. Will then lose market share. Dave DiMaggio - Paradise Marketing · Goals - raise awareness and change consumer perceptions of our area to increase year-arolmd visitation. · Objectives - define the greater Naples, Marco Island and the Everglades brand. Competitively position the area. Increase name and brand awareness, focus on summer visitation and focus on the toll-free numbers and web site. · Situation Analysis and Branding the Destination - doing thorough research. Supporting "Florida's Last Paradise." He suggests "stay the course." · Message Tactics - refining and adjusting. IntensifY the color ''blue.'' · Will do a visitor guide, golf guide, PR CD, tweaking TV and refining messages. Give good strong image and look - more photos will be taken and the entire County can use them. Will establish a library. Cedar Hames - Paradise Marketing · Media Strategies - Leisure Market - continue to go after May through October markets. Target family and couples. Age group 25-54 year olds and secondary of 55+ and weighted towards women. (they are the decision makers) · Looking at niche markets including eco-tourism - wildlife watching is one of the fastest growing tourism interests. Will also look at the fishing and golf. · Continue broadcasting towards the Southeast markets. Do a blitz in May. · Inquiry television aimed at feeder markets in the Midwest and Northeast. · Parks Program - working on involving the Everglades more this coming year. A program including radio and television and run May/June/July. Because the parks are not-for-profit working with the Florida Assoc. of Broadcasters, they are working on a program they would invest $100,000 on and receive $300,000 in exposure. He will get back on this possibility. · Buy National Publications and looking at newspapers. · Consumer magazines, Direct Mail, Post Cards and partnership with American Express. · E-Blast aimed at high end prospects. Banner advertising, per click and search engine optimization. · Everglades Angler Television was done this year. Traveling exhibit. 5 -----_._----_.-.._~- to1- A 7 Septernber27,2004 · Golf and Golf Pac. · Travel Agents -minimum exposure - not as effective as they use to be domestically, but wi11look at the International programs this year. Official Industry Guide · Group business - Meeting Planners, Corp. Assoc., Governmental incentives and summer programs. · Many others such as online, TV commercials, photography & Film Commission Brochure. · Conclusion - There is an upswing and economy is improving. Have had record- breaking tax collections and business in general has increased. They are looking to improve and do better in the future. BREAK-I0:38 AM RECONVENED - 10:51 AM VI. Old Business: 1. South Marco Beach RenourishmentlCaxambas Pass Dredging; Permit Fees required by Request for Additional Information #1. Mr. Wert is recommending $3,000 for the Permit. Ron HoveIl- Public Utilities Engineering Dept. - doesn't need an approval for funding at the meeting. The RAI asks for more questions; so rather than have the Committee approve partial permit fees today and more at a later date, they will do it all at once when receiving the final answer. . Update given: _ Working with Engineer to respond to Request for Additional Inforn1ation. Conference scheduled on Marco Island later in the week. Opportunities will be taken with DEP and Coastal Engineers on a boat inspection trip for the DEP Permitting staff and others interested to look at some issues concerning the questions in the RAI. Hopefully issues will be worked out and have a permit so winter of 2005/06 they can do the renourishment of Marco Island South Beach. Area is 4,500 feet from southern end of Marco Island north. Will put approx. 150,000 cubic yards of material out of Caxambas Pass. 2. County/City of Naples Beach Renourishment Update: Permitting Issues - Shane Cox - Public Utilities Engineering a. Clam Pass Park Beach Renourishment _ Consultant submitted response to RAI #3 last Monday and hopefully the last before getting permit. - Construction has been moved to November 1st of next year. 6 ,-- -" .-..----. J~lfà7 September 27, 2004 - Coastal Planning outlined the complete construction, satisfy permit requirements, and monitor the post construction phase. Includes the survey and environmental monitoring. He showed numbers of cost on the visualizer being above the CUlTent budget. Mr. Sorey remarked at the CAC meeting it was still being debated and asked if that is required in order to get the pennit. Mr. Cox's answer was "yes". Mr. Hendel asked the status of Clam Pass Renourishment. Mr. Hovell mentioned at the CAC meeting the subject was raised as to how they would get it renourished. The Pennit application stops approx. Y:z mile south of the Pass itself. Agreed and consensus was to wait until they receive a pen-nit from DEP and Army Corp. of Engineers and then go in with requested permit modification to allow stockpiling of sand at northern end ofproject limits in Park Shore and then truck it up onto Clam Pass Park. Bringing it in by truck they will be able to place it on the high dry beach part and not in the water area, so it doesn't migrate into the pass. Mr. Hendel also asked about the dates for the NaplèS renourishment project. He was concerned about the resident's knowledge of timing. Mr. Hovell mentioned the word is getting out through the public meetings and been in the newspaper that they are looking at next winter. When they get closer with details they will have a more concerted effort on getting the schedule out. Bids will go to three firms. Coastal Planning & Engineering needs an additional $30,000 to continue the project. This was presented to CAC back in July and it went to the BCC also in July so work could continue on responding to Additional Information from the State but they cannot spend Tourist Tax dollars without approval from the TDC. Mr. Sorey moved to approve the $30,000 increase to Coastal Planning and Engineering as per above discussion. Second by Mr. Loving. Carried unanimously 7-0. 3. Hideaway Beach Renourishment Update: Consultant Funding Budget Amendment for Pre-Construction Surrey and Rest-of- Permitting-Issues Work Orders - Ron Hovell . Received notice of completeness for Permit application from Florida DEP. 7 ........------. . -.. ""'_"""<__'~__"."._ ~ti!! .? _____""m" lin).. (1.7 September 27, 2004 · Issues include - pre-construction monitoring, respond to RAI and letter from the State concerning temporary sand bag T-groins. (Sand bags need to be removed) · $8,000 has already been approved for Mangrove Study work order proposal. · 3 work orders for Humiston & Moore Engineers need approval and to add $92,000 to the project budget. Mr. Sorey moved they approve a resolution in conjunction with the Hideaway Beach Renourishment project, 1) approve budget amendment in the amount of $92,000 for the work order, and work order amendments 1 through 3 being $45,784 to fmish the permitting process, $45,475 Pre-Construction Survey work and $8,000 for the Mangrove Study work order. Second by Mr. Tucker. Carried unanimously 7-0. VII. New Business: Post "Hurricanes" Beach Impact Assessment - Ron HoveD · Busy with 4 Hurricanes kicking up surf that have had beach impacts. · Photos were shown of the areas - dunes flattened, vegetation stripped, beach less deep in areas, sand over the top of sea walls and sand in yards, all causing significant impacts. · Funding assistance to date has not been included for beach renourishment for Co11ier County. · No recommendation at this point. Continue to monitor. Mr. Sorey asked that rocks be picked up on the beach :from 3rd Avenue South to South of the Pier area. Mr. Hovell mentioned they are working with the Sheriffs office and Community Service workers to help a couple of weekends. They are keeping equipment off the beach right now due to turtle nesting. Mr. Wert recognized all Al Madsen's hard work with the beaches. Mr. Hovell also mentioned Al was selected August "Employee of the Month. " Mr. Wert informed everyone Al will be moving into the Tourism Dept. as a full- time employee from Public Utilities. Also Mr. Hovell, Coastal Projects Manager, accepted another position in the County in the Facilities area and Maria Bernal is now a full-time employee. 2. Barefoot Beach Renourishment & Wiggins Pass Dredging - Ron Hovell Showed older aerial photo of Wiggins Pass compared to recent one. There was a pennit in the late '90's allowing them to dredge with a 10- year life to allow for maintenance dredging. The Permit is structured for first 100 feet with a maximum depth to be dredged being 8 Y2 feet and tapers to 13 Y2 feet. 8 -- ---- ---..-.------..------ ~.m'"w"___"..._."'_..._,"'_·.,'"'___'" 1i:,"LA7 September 27,2004 After CAC heard presentations, the Estuarine Conservancy Assoc. hired Coastal Engineering consultants to take a channel survey and presented their findings. Coastal Advisory Committee recommended initiating a project as soon as possible. Many ideas of how to address the erosion on Barefoot Beach included: straightening out the channel on the interior, to place or not to place t~groins on southern end of preserve etc. The easiest was to push out the depth to 200 feet rather than 100 feet. Pushing out depth restriction on dredging and perhaps digging a hole, wouldn't cause the same amount or no erosion on Barefoot Beach. Showed different slides of the area and graphs of the Inlet Nearshore Slope. Erosion has caused some scarping. Was taken to the Parks & Rec after the Coastal Advisory Committee meeting. Tourism is looking for someone to say a beach needs to be renourished and this would be appropriate to take out of the pass. They submitted a grant application based on budget estimate of $750,000 to remove the 65,000 cubic yards. There are various ideas from others on what to do. Mr. Wert mentioned that the County Commission approved policy for various beach projects was included in the Committee's packets. #7 Inlet Sand Bypassing states it may be funded by Tourist Tax Category "At> Funding provided the Inlet Management Plan recommends the bypassing and the sand will be placed on an eligible beach. No TDC Category "At> funding will be approved for dredging non-beach compatible material. Pennit requirements such as profile monitoring and beach tilling, will be funded the same way as the bypassing. Mr. Sorey wanted to clarify that sand being placed on an eligible beach and the fact they are putting it offshore and letting it migrate meets the definition. Mr. Wert agreed it does qualify. The funds were not submitted in this last budget cycle for the 2005 Budget. But the 10 year plan that was approved did show approx. $450,000 for Wiggins Pass in this upcoming fiscal year. Mr. Sorey stated one of the issues was no one picked up the sponsorship of the project. It needs a sponsor and has one now, but had fallen between the cracks. CAC has recommended it and staff feels it meets the requirements of the County Commission approved policy - so can be funded by Tourist Development Taxes. SPEAKERS John Findley - Chairman of the Milestone Committee for the Estuary Conservation Assoc. - showed photos one week after Hurricane Charley and 9 .--,---~".. ..,~-_.-.. )&:L Al September 27,2004 five days before. The Pass provides gulf access to out-of-state boaters and local recreational and commercial population which also includes Lee County. ECA had a monitoring done in February and assisted in making recommendations to the County and to help the CAC. It was done over 12 days with a total of72 hours and 4,404 boats documented in Wiggins Pass with 3,227 going directly in and out of the pass during that time. The Cocohatchee Park & Marina is one of the busiest launch ramps in Collier County according to Parks & Rec. With 23,000 registered boaters in Collier County, 40% are out-of-state boaters using the ramp. In the 80's it was recommended by the Counties Comprehensive Management plan to straighten it out and wasn't done due to birds hatching. In the 90's it was recommended again by the Counties Coastal Engineering Consultants and is now again recommended by the Counties Engineer. There is a constant pounding and turbidity. In the May monitoring report there's offshore disposal sites - one site is part of the beach now and was originally offshore. Mr. Sorey wanted to clarify that within the pass itself is a separate project. Patricia Kearns - Executive Director of Marine Industries Assn. of Collier County and former Tourist for 10 years - she has heard commentaries in support of the importance of Tourism. She didn't hear the word "boat" mentioned in any presentations. Only listed as an incidental or a niche. She pointed out that it was mentioned "Collier County is open for business" and if all inclusive, Collier County can be to the tourist and its residents' as vested and invested in serving the visitors. Access is the key to these areas to satisfying the tourist's needs and meeting the criteria for the funding. The MIACC is making a plea to make sure they can support pro- active decisions to feature and protect access to the gulf waters. Linda Roosa - Barefoot Beach Blvd. - her husband and herself boat out of Wiggins Pass. She attended the CAC meeting and 1rnows this issue was a priority to remedy the situation. They belong to a cruising group with Collier, Lee and Charlotte Counties. Two years ago she hosted 10 boats and they enjoyed dinner, shopping and the waterv.rays, but win not come back this year as they can't get in Wiggins Pass. Need to maintain the Pass for the residents and for the visitors. Graham Ginsberg - CAC Member - was pleased to hear the concerns about access and boaters being concerned with the impact on Tourism. The Coastal Advisory Committee wasn't presented with the facts of where the material would be placed. It Jooks like a renourishment process which would not, under normal circumstances, qualify for Tourist Development Funds. They didn't receive information about the quality of the material. Apparently there are many shells and he felt that material would not be appropriate. Concern is taking care of the pass, but his concern is where the funds will come ÍÌ'om. If funds are used just for dredging and dumping the sand in a convenient spot it 10 -'" -..--...-...-..... - 0__- _. ._... _'.__.__. ..-."..,....,-..-.-"'-....'" Ilo"J- A7 September 27, 2004 will lead to other dredge processes. It needs to be fixed, but they need to find alternative funds or investigate the quality of sand in an appropriate beach for it that isn't under water. Then it will benefit Tourist. Tourist will benefit from the dredging but is not in the policy, nor in the State policy. They have 3% bed tax - reflecting approx, $8M/yr. That will be inadequate, and if dredging is included, it will increase the tax. Doesn't fit within the State regulations. They do allow monitoring of inlets being part of the renourishment process. He suggests the boating community approach a broader spectrum to try and get funds to maintain the inlets. He also suggested a Special Taxing District or a General Fund to take care of emergencies. He uses the Pass also and boats do run aground - but they need to look at the bigger picture and TDC Funds as a secondary choice. Need another source which is not there. Joseph Moreland - President of ECA - Property owner & avid boater & slip owner - look at overall picture. Collier County recognizes the value of the Estuary System and has taken law, regulation and policy to maintain the passes. Somewhere in the County there was no responsibility to seek funding for the dredging. Wiggins Pass is a hazard to navigation and unexpected. When failing to maintain a hazard it is a serious issue, other than, is there a fund for this source. The liability of boat owners with guests on board should be addressed by the County Attorney. Safe boating is important. He shared an experience he had with his 34' Sea Ray. Being in the channel with wind conditions the bow of his boat went aground. Because of wave action and wind it flipped his boat over to starboard and put the entire starboard side of his boat aground. The waves were lifting and dropping his boat and he ended up on the sandbar and had $10,000 of damage. Can happen to experienced boaters and is a hazard. It is the Counties responsibility to find the funds to maintain it and should take priority over other expenditures. Randy Ward - Marine Industries Assoc. of Collier County - Bco Tourism - he was dock master for 2 years for the City of Naples. Transient boats are looking for restaurants and shopping. The smaller boats want to know where the hotels are. US Coast Guard puts out a notice to Mariners. Now it says Wiggins Pass is closed, or a danger. Now Collier County has lost the boater. If a boat is sinking, the Collier County Sheriff and North Naples Fire Dept. are responding - both out of Wiggins Pass. Very important they get to the scene; the Coast Guard is in Fort Meyers. There is an issue in the County for boat ramps. He is concerned about the business, economic influence and industry in Collier County. Emory Waldrip - Resident of Bonita Springs - owns slip - showed a tide chart - discussed how they have to come in at high tide into Wiggins Pass. He had maintenance done on his boat and had to time it to get his boat back. Had to cancel a weekend trip to Marco because of the limited time to get out. If you go somewhere, you can't get back. During the winter season the water is lower and everyone will be locked into the pass and not able to get out. This is a major priority that needs immediate attention. 11 --. -- --~-,....."....^,~._,~~.~-~.«~-----"",.""","_.~ 1(0 '1 Ar September 27,2004 Don Neal- boater - has a slip in Wiggins Pass and agrees with the other speakers. He added because ofthe condition of Wiggins Pass he has taken his boat out ofthe Pass and won't bring it back anytime soon. It is not navigable and too big of a risk. Scott Hopkins - Board member/Marine Industries of Collier County and operates Cedar Bay Marina, Marco Island - this is an issue on Marco also that affects marine business. He asks to consider the Tourist impact. He talked about the Categories within the TDC Budget and referenced the order of priority and the included cost for expense allocation for a 24 month period for each project or use as follows: "An - finance beach improvement, maintenances, renourishment, and restoration and erosion control including pass and inlet maintenance. He said the beach material the gentlemen on the CAC talked about including shells is placed off shore and then moves up onto the beach. Testimony earlier stated it improves the beach, widens the beach and is for beach renourishment. He mentioned tourist and people want to find shells on the beach, Mr. Sorey clarified part of Mr. Ginsberg's remarks by stating this was not discussed at the CAC meeting and the CAC did recommend approval. Doug Fee - President of North Bay Civic Organization & lives on Wiggins Pass Road - in April a study was provided by Humiston & Moore for the County. He read a couple of paragraphs from the study - it noted an inlet management study had been completed in 1995. It recommended increasing the gulf channel width by 100 feet and increasing the depth ITom 8' to 13 feet plus shifting the channel to the north. He referred to different tables and references. The Florida DEP estimated past management practices at inlets is responsible for 80% of beach erosion problems around the State. The purpose ofmanagcment plans is to identify impacts of the inlets and recommend management policies. The Wiggins Pass study focuses on navigation issues. Expanded dredging of2000 contributed to higher erosion rates of the beach. The North Bay Board feels these statements are important and the policy to dredging to 12-13 feet outside the mouth of the pass had a direct effect on the eroding of the shoreline. The erosion occurred after the major dredge. They support the dredging but at a more reasonable and moderate depth. They are not in support ofT-groins. He stated the budgeted amount in the spreadsheet ofTDC funds for the project is $452,000. He asked ifthat was correct. Mr. Wert responded nothing was budgeted and that was in the 10 year plan. They will need a Budget Amendment ÍÌ'Om Reserves to pay for the project because they did not have a sponsor. The County does not have a permit to renourish the beach. Mr. Fee asked again why the County hasn't and isn't able to renourish the Beach. 12 _.._---" (&1- A7 September 27, 2004 Mr. Wert responded they did not have a sponsor. Mr. Hendel moved to approve the project Second by Ms. Becker. Mr. Sorey supports the motion but wants to revisit Mr. Ginsberg's suggestion on setting up a Special Taxing District without having to use TDC funds. Mr. Loving wondered where they would be if this was not compatible sand. Where would they get funding? Mr. Tucker didn't quite understand the sponsor requirement discussed earlier. He asked if they have good engineers working for them and people observing a condition that is deteriorating, why didn't someone take some action? Now they are put under pressure to do something. Mr. Loving is having a problem with all this too and reminded everyone they have $450,000 in the 10- year plan that is not in the budget and the project is going to cost $750,000. Mr. Sorey stated it should have been in the budget for TDC funds. It is his understanding that no one wanted to sponsor the project, and only after some effort they came up with one. They will learn ÍÌ'om this and will look at more closely in the future. Motion carried 5- yes 2- no. Mr. House and Mr. Loving voted "no". Mr. Sorey recommended moving forward in asking the County Commissioners set up a Special Taxing District. It will be put on the next months TDC and CAC's agenda. VIII. Announcements: None IX. Audience Input & Discussion: None X. Council Discussion: - Mr. Hendel asked the Council to appoint a Committee to look into what they mayor can do to help/assist the Committee that is looking into what to do with the zoo. He didn't lmow what they can do - but suggested strongly looking into a temporary increase in Hotel Tax or allocation of Funds. Mr. Wert will have this subject on next month's Agenda. - Mr. Sorey mentioned because of the timing of the referendum he would like to see a recommendation to the citizens to support the initiative that is going to be voted on in November at their next meeting. 13 September 27, 2004 XI. Next Meeting Date/Location - October 25, 2004 ************* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:19 PM. COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Vice Chairman Glenn Tucker 14 tlo 1- A1 Fiala V L Halas / Henning ~ T g~f~~a ~~'~.~. L-L- llø1. A7 October 25,2004 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Naples, Florida, October 25,2004 LET IT BE REMEMBERED, that the Collier County Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Commissioner Donna Fiala Glenn Tucker David Loving (Excused) Kevin Durkin Robert Dictor Susan Becker (Excused) Murray Hendel Douglas House John Sorey III (Excused) ALSO PRESENT: ~}~)oS- Jack Wert, Director of Tourism Maria Bernal, Tourist Tax Coordinator/Tourism I~ '\ A ì Scott Teach, Assistant County Attorney , Gail Hambright, Administrative Assistant 1 10-25-04 Agenda '{PI A 1 Page 1 of1 MEETING AGENDA & NOTICE COLLIER COUNTY TOURIST DEVELOPMENT COUNCil Monday, October 25, 2004, 9:00a.m. - Noon. Collier County Government Center, AdministrationBldg. F, 3rd Floor I. Call to Order II. Roll Call Ill. Changes and Approval of Agenda IV. Approval ofTDC Minutes: Regular Meeting September 27, 2004 V. Staff Reports ' 1. Director Report - Jack Wert 2. Sales Manager Report - Debi DeBenedetto 3. P.R. Manager Report - JaNel! Modys 4. Film Coordinator Report - Maggie McCarty 5. Inquiry Reports - Jack Wert a. Phase V - Fulfillment & Call Summary i. ListltemAlphaLower_RomanLowerText b. Golf Pac Inquiries i. ListltemAlphaLower_RomanLowerText c. Search Engine Report i. ListltemAlphaLower_RomanLowerText 6. Paradise Advertising & Marketing - Cedar Hames VI. OLD BUSINESS 1. Wiggins Pass Dredging Update 2. County/City of Naples Beach Re-nourishment Update 3. South Marco Beach Re-nourishmentlCaxambas Pass Dredging Update 4. Hideaway Beach Re-Nourishment Update 5. Special Taxing Districts for Coastal and Inlet Projects VII. NEW BUSINESS 1. FDEP Beach Erosion Control Program Updated Submission for both the County/City of Naples Beach Re-nourishment and South Marco Beach Renourishment 2. City of Marco Island Tourist Development Category "A" Grant Application for Laser Grading 3. Discussion of Upcoming November 2, 2004 Referendum for Preservation of Caribbean Garden - The Zoo in Naples 4. Advisory Committee Outstanding Member Service Award and Achievement Awards Program 5. TDC Rules of Procedure VIII. ANNOUNCEMENTS IX. AUDIENCE INPUT & DISCUSSION X. COUNCIL DISCUSSION XI. NEXT MEETING DATE/LOCATION - November 22,2004, Collier County Government Center, Administration Bldg. F, 3rd Floor XII. ADJOURNMENT All interested parties are invited to attend, and to register to speak and to submit their objections. if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Jack Wert at (239} 403-2402, If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you. to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239} 774-8380. Public comments will be limited to 5 minutes unless the Chairman grants permission for additional time. . Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. http://www.eolliergov.net/tde/lO-25-04Agenda.htm "" _10/21/2004 ..--- {~1- A7 October 25, 2004 I. Meeting was called to order by Chairman Commissioner Donna Fiala at 9:00 AM. II. Roll Call: Ms Becker, Mr. Loving and Mr. Sorey were all excused, a quorum was established. III. Changes and Approval of Agenda: Add under "New Business," VI. December TDC Board Meeting date. Mr. Tucker will not be in attendance for the November meeting. IV. Approval ofTDC Minutes: Regular Meeting September 27, 2004 Page 10 - Mr. Wert wished to insert "by the BCC" in his remarks concerning the 1 0 year plan. Page 11 - Mr. Wert asked that "Counties Engineer be changed to County Engineers." Mr. Hendel moved to approve the minutes of September 27,2004 as amended. Seconded by Mr. Tucker. Carried unanimously 6-0. V. Staff Reports 1. Director's Report - Jack Wert (Attached) · Bob Delaney /Clarion Inn & Suites represented Naples in Dallas at the Florida Experience promotion. He did a presentation on fishing in the area. · Tourist tax set records again over the previous year. · Awaiting research being done from Visit Florida · May bave a need to use Emergency funds for early spring campaign. · Met with Hoteliers to hear what they have to say about next summer's business. (Mr. Dictor mentioned they are having a difficult time getting groups to contract for next summer and appreciate anything they can do at this time) · Page 18 - Tax Collections history and projections 2. Sales Manager Report - Debi DeBenedetto (Attached) · Sent press kit to European Tour Operators letting them know "the coast is clear." · Traveling and attended various meetings and shows. · Have sent many room night requests for proposals to destination hotels. · Booked 533 room nights last month. YTD approx. revenues booked from RFP' s are $1,317,240 · Sent leads to Tourism partners and follow ups · Using new CD Meeting Planners · Have Guest click on Website · Worked on many promotions · Planning rest of year trips, registrations and show plans 2 lfo:r A7 October 25, 2004 3. P.R. Manager Report - JoN ell Modys (Not in attendance- Mr. Wert gave report) (Attached) · Attended Journalist Show in Dallas - good contacts made · Working with news media getting correct information from storms · Online with capabilities for downloading photos Commissioner Fiala asked if the war going on is affecting travel. Mr. Wert responded domestically it is not a problem. It is the International Market they are getting different reactions from, but just particular Countries. The United States are still considered a safe destination. Will be working with the Museum on a rack for the Tourism guides. 4. Film Coordinator Report - Maggie McCarty (Attached) · Two incoming films in area · "One Evening" project shot in Naples · Increase of inquiries due to storms and asking for location photos · Updating photo library. · Updating permitting process - can use credit card and approval process taking only 24 hours. · Attending several meetings · Hosted workshop for States largest film making competition · USA HostslBank of America meeting planners 5. Inquiry Reports - Jack Wert · Page 45 - Consumer 800# for hotel availability information a. Phase V. - Fulfillment & Call Summary · Will make weekly calls to Hotels to get a better feeling on numbers · Covered the numbers on Page 50 by State · Website users doubled this year over last year b. Golf Pac . No change in numbers - hard to promote golf in summer months. c. Search Engine . Pay for click throughs to our Tourism Site 6. Paradise Advertising & Marketing - Cedar Hames Carrie Durand gave the following report on how they are dealing with Hurricane perception for the future & how did they spend emergency dollars: o Sent email Blasts and updated website o Plan: Visit Florida campaign for Television coop spots o Contingency TV plan - alter commercial and ready if Hoteliers numbers aren't where they should be. 3 ----"-- /LoT- A, October 25, 2004 o "Partner Hurricane Program" - showed boards with advertising Hurricane fact sheet and general advertising. o Partner Pack - CD o Focus Groups - November 15 & 16 o Showed various posters and ads The partners she referred to were hotels, the zoo and air boat tours. There are approx. 10 hotels out of about 80 that are contributing. Last year there were two. VI. Old Business: 1. Wiggins Pass Dredging Update - Ron Hovell The Grant application to dredge Wiggins Pass for $750,000 has been approved previously and will now go to the Board. Tight timeline to finish this winter. Have request to approve a $13,500 work order for Engineering Services contingent on Budget and work order being approved tomorrow. Construction to be done mid-January to mid-March. Need to be finished by April 15th for turtle season. Mr. Wert mentioned the Joint TDC/BCC meeting December 7th. He asked if a special CAC meeting prior to that could be held to review the bid. Commissioner Fiala asked when they approved the $750,000 - was it approved on the 8.5 feet or 13 feet. The permit allows dredging a 1,500 foot long area. 1,400 feet of that are allowed to be dredged to 1,300 and the first 100 feet closest to shore by the permit. Restricted to 8.5 depths. The first 200 feet would be at 8.5 feet the remainder at 13 feet. Mr. Durkin moved to approve the Work Order for $13,500. Seconded by Mr. Tucker. Carried unanimously 6-0. 2. County/City of Naples Beach Re-nourishment Update - Ron Hovell Submitted permit application about a year ago. They have received information that the State will be accepting the application. Should have permit in hand 4-5 months from now. Work should start shortly after turtle season. Mr. Hendel mentioned Park Shore Beach and the rest of the area have never looked so good, and yet they are renourishing it. He does not object, but wanted to make the comment. 3. South Marco Beach Re-nourishmentJCaxambas Pass Dredging Update - Ron Hovell Had a number of permitting officials from State and Federal Government at a meeting on Marco in which a tour of the area was given. Many of their questions were answered concerning shorebirds and sea grasses. 4 -- .--...... lfoX A 7 October 25,2004 City is possibly pursuing some city funding for additional dredging for navigational purposes. 4. Hideaway Beach Re-nourishment Update - Ron Hovell On Board's Agenda for tomorrow for Budget Amendment - $648,775 for awarding the sand renourishment phase of the project. Need to approve the increase in the Tourist Tax Budget that will be reimbursed and also recommend awarding the Contract to Weeks Marine for $2,482,775. Mr. Tucker moved to approve. Seconded by Mr. Dictor. Carried unanimously 6-0. 5. Special Taxing Districts for Coastal and Inlet Projects - Verbal SPEAKER Ron Pennington - Resident-City of Naples, Chairman of Coastal Advisory Committee and Chairman of Moorings Bay Special Taxing District - Mr. Pennington gave an update of the Hurricane damage per storm: Charley leveled the beach and wiped out the dunes, Frances pulled the sand out, Ivan brought sand on top of the seawalls and Jeanne didn't do much damage, but need renourishment to get the additional sand in the system. He gave a history of the Taxing District - In 1987 the City of Naples established a Moorings Bay System Special Taxing District to: o Maintain the Bay and Doctors Pass o City wasn't prepared to use General Tax Funds o 1989 Park Shore Units 2 & 5 were annexed into the City and brought into the Taxing District. East Naples Bay Taxing District established in Royal Harbor area to maintain canals. In the late 80's the County needed a program to restore the beaches. He gave a history and background of how the Tourist Development Tax was presented to the residents. Many stumbling blocks were in their path and each referendum presented was voted down. The City then established a Committee of which Mr. Pennington was first Chairman. In 1992 a County Ordinance was presented and approved for a 2% Tax from the voters. It stated "Category A" was to finance beach improvements, maintenance, renourishment restoration and erosion control including pass and inlet maintenance. An Interlocal Agreement was made between the City and the County. The cost of maintenance of the Moorings Bay System will be borne by Moorings Bay Taxing District. They maintain all navigational aids and all spots in the Bay to be dredged etc. the cost of maintenance of Doctors Pass and approaches, will be borne by the Category "A" funds from the Collier County Tourist Tax. He recommended each pass be defined for parameters to be covered by Tourist Development Tax. Marco might want an Interlocal Agreement also. He stated all 5 -...-------- 107. A7 October 25, 2004 the passes in the County be covered and laid out what is and what is not covered by Tourist Tax. He discussed more on the inlet management plan, funding, the policy plan and tourist tax funding for Wiggins Pass. Mr. House disagreed with Mr. Pennington in that the Tax money was first voted on to renourish the beaches, not the passes. The Beaches help develop tourism and the passes are secondary. Main reason is to renourish the beaches for the tourist. Mr. Pennington responded the Ordinance stated "including pass and inlet maintenance." When selling to the voters they were told the inlets would be maintained by Tourist Tax. It is a matter oflaw. He covered the different items covered by Category "A" and Category "B". BREAK-IO:26 AM RECONVENED - 10:38 AM VII. New Business 1. FDEP Beach Erosion Control Program Updated Submission for both the County/City of Naples Beach Renourishment and South Marco Beach Re-nourishment - Ron Hovell These are for updates and looking for a Resolution of support from the BCC and appropriate cities. This updates the estimated costs and execution schedules. Mr. Tucker moved to recommend approval to the BCC for both Resolutions. Seconded by Commissioner Fiala. Carried unanimously 6-0. 2. City of Marco Island Tourist Development Category "A" Grant Application - Ron Hovell CAC approved the Grant Application less the area to be renourished under the Caxambas Pass dredging area. Mr. Tucker understands the CAC's reasoning, but the renourishment is needed. Mr. Hovell mentioned whether it needs to be done or not, the beach does get water trapped in areas and the standing water and the area will tend to turn brown and slimy. Mr. Tucker moved to recommend approval of the original request from the City of Marco Island being to perform the maintenance from Tigertail to the South end of the Beach. Seconded by Mr. Dictor. Carried 5-1. Mr. Hendel voting "No." 6 ---.---.--- -.---......----....----. IfoI A7 October 25, 2004 3. Discussion on Upcoming November 2, 2004 Referendum for Preservation of Caribbean Gardens - the Zoo in Naples - Mr. Wert SPEAKER David Tetzlaff - Caribbean Gardens - displayed map of area. Referendum is on November 2nd balloting. Noted they are not only trying to save only the 45 areas of the Caribbean Gardens, but also 200 acres of land around it. One part he showed can be used for public access. Information can be found on www.parkpac.com. He also gave the following information: o Only one of 213 accredited zoos in America. o Accredited zoos draw 136M visitors a year. o Despite the Hurricanes still having a good year at the zoo. o Season and Tourism is important - 40% of business is between Christmas and Easter. o With a "Yes" vote they will hire a Development Director. They are working on becoming a County Zoo on taxpayer land and a non-profit organization. o Will have an economic impact to the area. Discussion followed on what the TDC can do to help the referendum. Mr. Wert responded that the zoo and Pac Group wondered if there was a way they can come out in support of the referendum. As a County Department, they can't - but the TDC, as an Advisory group, can take a position, but they need to be careful. Scott Teach, Assistant County Attorney stated he would have to review the matter before he could give a defmitive answer whether the Council could make an official endorsement in favor of the Resolution. Mr. Tucker mentioned it is a discussion item and wondered if appropriate to make their comments under the portion of the Agenda for Council discussion. It was agreed and comments were: Mr. Tucker - doesn't have a position at this time and commended Mr. Tetzlaff for his presentation and stated the Zoo is a wonderful attraction. Mr. House - in favor of helping the Zoo anyway they can. It's the best Tourist attraction in Collier County. Mr. Hendel- is an advocate of the process. The Naples Presidents Assoc. is supporting it. The Collier County Assoc. Presidents group is 100% in 7 IfoX Ii 7 October 25,2004 favor of it and his Golf Shore Assoc. (5,000) members are in favor also. He wondered if TDC could allocate funds from their resources or consider the possibility of raising the Tourist Tax by some percentage. Mr. Dictor - wasn't necessarily in favor until he heard Mr. Tetzlaff speak earlier in the week. He didn't know if it was the best use of the land and that the zoo may be better served on a larger piece of land where he could expand. But after he heard his explanation, he was in favor of it. Mr. Durkin - was also in favor and will do what they can as a Hotelier to support it. Commissioner Fiala - also in support of the zoo and felt they can incorporate more to benefit the community. Felt this is a once in a lifetime opportunity and will aid in Tourism. Mr. Wert responded to the question about the possibility of increasing the tax to support the zoo - the 4th and 5th penny can only be used for promotion and support of a Convention Center. Would have to come out ofthe first two. Would take a reallocation of funds as they currently have it set up. They support the zoo through promotions and advertising and travel writers etc. They will continue to support them through the brochures. 4. Advisory Committee Outstanding Member Service Award and Achievement Awards Program - Mr. Wert Approved by Board of County Commissioners in which each Advisory Board has the opportunity to recognize outstanding members. Maria Bernal- Tourist Tax Coordinator - two awards, service and achievements. Maria covered the procedure to follow among the Committees. Human Resources Award Committee will evaluate and select a volunteer and send onto Sue Filson. Mr. Tucker felt the people serving on Advisory Committees aren't looking for any rewards and creates another administrative hierarchy within County Government and takes up BCC time. He personally thinks the letter and certificates they now receive are sufficient. 5. TDC Rules of Procedure - Mr. Wert Mentioned CAC had felt they needed some structure within their Committee. The County Attorneys office is drafting guidelines and procedures. Mr. Wert covered several issues concerning conducting a meeting. 8 1(07 ,41, October 25,2004 Mr. Tucker would expect the County Commissioners direct their staff to prepare a generic set of rules and procedures for Advisory Boards and any other rules not inconsistent with other County policies. Rather than each Board initiating a process of doing their own rules. Mr. Wert stated there is an Ordinance now on the books that have some guidelines for all appointed Advisory groups with an attendance requirement. Each Board would have the opportunity to adopt its own guidelines in addition to. The current Ordinance may not be specific enough for some Advisory groups. Mr. Tucker felt their meetings have always run smoothly and followed proper procedure. He favors the process they have used for the Chainnanship. They also operate under Roberts Rules of Order. 6. Meetings: Discussion on the November and December meetings - decision was made to keep the November 22nd date and cancel the December 27th meeting. (Mr. Tucker will not be in attendance for the November 22nd meeting) There is a Joint Workshop for TDC and the Board of County Commissioners on December 7th. (Mr. Dictor will not be in attendance) They will hold a regular meeting that day for any business that needs to be addressed. Mr. Hendel asked the package reach them 7 days in advance of the regular meeting. VIII. Announcements - None IX. Audience Input and Discussion - None X. Council Discussion - None XI. Next Meeting Date/Location - November 22, 2004, BCC Chambers ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :25 AM. COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Chairman Commissioner Donna Fiala 9 Fiala Halas Henning Coyle Coletta J // I,:z. A ?l cff-- J / :: ./ .. COLLIER COUNTY GOVERNMENT Pelican Bay Services Division 801 Laurel Oak Drive - Suite 605 -Naples, Florida 34108 - (239) 597-1749 - Fax (239) 597-4502 NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY SERVICES DIVISION BOARD AT THE COMMONS, 6251 PELICAN BA Y BOULEVARD, NAPLES, FLORIDA 34108 ON WEDNESDA Y, FEBRUARY 2, 200SAT 3:00 P.M. AGENDA 1. Roll Call 2. Approval of Minutes of the January 5, 2~ Meeting 3. Public Participation 4. Chairman's Report Ordinance Review Pelican Post Article - Bring your copy Pelican Bay Services Division Board Applicants - Schedule Meeting with Mr. Leo Ochs January 2004 List of Concerns My Memorandum of 1/5/05 regarding annexation 5. Sub-committee Reports Clam Bay Sub-committee Interior Channels Clam Bay Annual Monitoring and Improvement Schedule Beach Renourishment Clam Bay Environmental Consultant Budget Sub-committee Fiscal Year 2005 First Quarter Review Impact of cash forecasting on assessments Hard Spots/Soft Spots Fiscal Year 2006 Step II Planning - Capital Programs Uninsured Assets Reserve - status and alternatives Security - do we want resident input'? 6. Administrator's Overview Red Flag/Green Flags Capital Projects Irrigation and Landscape Improvements Community Issues Sidewalk Overlays and Repairs Tree Replacement from Hurricane Charley Hurricane Charley Storm Damage Pelican Bay Services Division Election 7. Committee Requests 8. Adjourn ;:Ù~ lçþ,.., /[ocr-') \ ~2J . .... "";;"j". ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE 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. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT (239) 597-1749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING. '--~"~"-----""'-- "'.."",,.,---- Ib -:l It 8 PELICAN BAY SERVICES DIVISION BOARD MEETING January 5, 2005 Naples, Florida LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Regular Session on this date, January 5, 2005 at 3:00 P.M. at The Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: Mr. James Carroll, Chairman Mr. Christopher Sutphin, Vice Chairman Mr. M. James Burke Mr. John Domenie Mr. John laizzo Mr. David Nordhoff Mr.' David Roellig Mr. Donald Spanier Mr. Edward Staros Mr. George Werner A'-SO PRESE;NT: Twenty-one (21) Pelican Bay residents; Collier, Coun\y Qeputy, Carmine Marceno, Collier County Sheriff's Office; Mr. Ron Hovell, Collier County Public Utilities Engineering; Ms. Kara Cave, Turrell & Associates; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division; Mr. James P. Ward, Division Administrator, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary. AGENDA: 1. Roll Call 2. Approval of Minutes of the December 1, 2004 Meeting 3. Public Participation 4. Chairperson's Report City of Naples Urban Services Report Ordinance Review Status Election Process Underway Foundation Issues of Interest - Information from 12/20/04 Board Agenda 5. Administrator's Overview Red Flag/Green Flag Capital Projects Gulf Park Drive Irrigation and Landscape Improvements Community Issues Tree Replacement from Hurricane Charley Hurricane Charley Storm Damage Sidewalk Overlays and Repairs ,,6, Sub-Committee Reports Clam Bay Sub-Committee Interior Channels Clam Bay Annual Monitoring & Improvement Schedule Beach Renourishment Clam Bay Environmental Consultant Budget Sub-Committee Annexation Financial Analysis 7. Committee Requests Maintenance Site Driveway Relocation - George Werner 8. Adjourn ROLL CALL Mr. Carroll asked that the Record reflect that all members are present. 5956 Pelican Bay Services Division Board January 5. 2005 lto'¡ A~ APPROV AL OF THE MINUTES OF THE DECEMBER 1. 2004 REGULAR MEETING Mr. Werner moved, seconded by Mr. Nordhoff and approved unanimously the Minutes of the December 1, 2004 regular meeting. PUBLIC PARTICIPATION Mr. Carroll asked for any public comments. There were no comments from the public. CHAIRPERSON'S REPORT CITY OF NAPLES URBAN SERVICES REPORT Mr. Carroll. sta~ed, ::My first. item toda'y.~as to do with the Naples Urban Services Report". Rather than ramble through my comments, I will read my write up on this subject. I believe that much of the information that Pelican Bay residents need to make an informed decision is not in the City's Urban Services Report. Without this information, there is no way that we can decide whether it is better to continue the system that we now have or annex into the City of Naples. I would like to point out some of the issues that have not been adequately addressed. First, probably the most important issue to the Pelican Bay community is beach access. At the Workshop Meeting of the Naples City Council, the Mayor identified it as a deal buster. If the City insists on accessing the beach, through the mangroves using the berm or other accesses, any vote on annexation is probably a waste of time. The City needs to spell out their position so that we know where they stand. Mr. Carroll continued, "Second, the Report assumes that the County will continue to supply water, sewer and effluent water". The law re~uires that the County. con.tinue the water and sewer, but effluent water is a different story. We need to know how the City plans to resolve the effluent issue. If we are forced to use potable water to water our lawns, the cost of water could double or triple. Third, water management is not addressed. The Services Division has a continuing water management responsibility and has easements over many water drainage areas. For example, on the east side of the berm we have been working with the Foundation to encourage condominium associations to clean up this area and remove exotic plants, as required by the State. When they do this, and most are working with us, the Services Division will 5957 Pelican Bay Services Division Board January 5, 2005 l b 1- Aß assume responsibility for the maintenance. The maintenance is within the water management area and although we do not use this land we have a water management responsibility. What will we do if we annex? Mr. Carroll continued. "Four, the County currently funds the maintenance of the mangrove forest". We have consultants who do the design and construction, but the Services Division has a real responsibility to see that the maintenance is done right. This is also a requirement of our State permit. The residents, through our annual non-ad valorem assessment, fund any capital that is spent. We have spent over $2,000,000 during the past six years to return the forest to its' current very acceptable condition. Someone needs to continue to attend to this renovation. I hear comments that we could set up a Taxing and Benefit Ordinance within the City, but I have seen nothing specific, nor do I know how the Naples City Council will react to this. To my knowledge, it has not been addressed. Mr. Carroll stated, "Number five, Landscaping Standards". The landscaping standards that we would experience from the City are not clear to me. Currently, if we have any problems or needs we have a maintenance crew with very capable leadership, able to respond quickly, with essentially no bureaucracy to deal with. How will our needs be responded to if we are annexed? If our standards are now higher than the City's, will we be satisfied with a somewhat lower standard? Mr. Carroll stated, ''Those are my five points". If we are to make an informed decision, we need to know answers to all of the questions that I have raised and to other questions, which I . ' am sure some of you will have when I open this for discussion. Beyond these answers, there is the question of how well our residents know and understand what we now have. The Ordinance, which created the Taxing and Benefit Unit that we now enjoy, is quite unique. There are many taxing units, but most are for a single issue or a specific ne~d such as a road or water service needs. Our Ordinance is quite broad and can be changed to our benefit if we want to change it. To make a decision, all of us need to know, not only what we will experience as part of the City, but also what we would give up if we continue to govern ourselves as defined by our Ordinance and Taxing and Benefit Unit. 5958 Pelican Bay Services Division Board January 5, 2005 IbJ.-ttg Mr. Carroll stated, 'We now have a City Council which has a majority favoring our Joining the City while they are in office and they are working hard to have our needs addressed". What about the future? There has been much criticism about the current Board of County Commissioners and Cap d'Antibes and beach access have been at the core of this criticism. I can think of several recent City Councils', which would make the current County Commissioners appear as the nicest, most cooperative people around. To sum it up, we have a lot of work to do and I would like to open this now for Board discussion. Mr. Spanier stated, "There are a couple of areas that I want to mention", One is that I see nothing in my readi-ng 'öf the 'urban Services Report regarding the manner in which redevelopment or development within Pelican Bay would be handled. For example, Cap d'Antibes, there is nothing in that Report which indicates how Pelican Bay or the City of Naples would have input on this less than positive function. While we have problems with the County, I know from discussions within Commissioner Halas's District 2 Advisory Committee, that he is open to a thorough exploration and revision of those aspects of the relationship that have affected our two trigger points. Those trigger points are the approval of changes in the sites and structures of the community and beach access. Mr. Spanier continued, "Point number two that is a real problem to me, is that I am concerned and I have been immersed for a number of years in the politics of the City and the County and understand how it works". I have read comments, originating with the Foundation, that if we were to annex into the City we would still have our voting authority and a voice as part of District 2 of the County. We would also have a voting authority as one of the neighborhoods voting in the citywide council elections. I don't understand how that could possibly work. I know that at the present time, when there is a vacancy pending in the District 2 Commission, it is of the utmost importance that the candidates for that seat come to Pelican Bay to expose himself and to commit himself or herself to a program of action as part of the County Commission. We may complain about our lack of leverage in the CounTy, but we have a real live Commissioner whose representation and concern is with the North Naples, Pelican Bay district. Within the City, instead of becoming a big fish in a little pond, we are going to become a fish, without identity, in the Gulf 5959 Pelican Bay Services Division Board January 5, 2005 I roLA~ of Mexico. When the City Council candidates are campaigning to win their seats, how important is Pelican Bay? Pelican Bay is not a big portion of the City of Naples. With annexation, unless there is something in the Urban Services Report, we would seem to greatly recant our political voice and strength. I don't think this Report begins to deal with anything but mechanics. The political aspect of this thing is not commented on and it is not a document on which this community can inform itself and vote intelligently on annexation. Mr. Spanier stated, "\ believe that Mr. Carroll was on the right track when he scheduled what was to be an Ordinance Review, public or town meeting, at which the residents of Pelican Bay would have the opportunity to review our mandate and constraints". As one of the voices of the residents and one of the responsible organs of government, I think that links directly to the intelligent discussions of annexation. I would like to see this Board, through its' Chairman, reschedule the Workshop on Ordinance Review at the earliest possible moment. Perhaps someone could touch on those issues that would be impacted by annexation. Mr. Carroll stated, "I suspended that meeting because 1 felt the whole discussion on annexation would cloud the issue and perhaps not allow us to focus on the Ordinance as well as we could". I certainly think that it needs to be done. Mr. Sutphin stated. "I would request that since you are discussing the annexation issue now, that we bring the two slides that I had prepared forward, since they deal directly with the financial impact of annexation". When I got the Urban Services Report and saw the write-up that it had gotten in the Naples Daily News, the implication was that the City was going to suffer some financial pain as a result of annexing Pelican Bay, based upon the numbers presented. 1 decided to do an analysis to see what the numbers really said. The reality is that it is a great investment to the City of Naples. I wish I had investment opportunities that guaranteed an internal rate of return of 35% and at no risk because they control the revenue. At a discount rate of 4%, their investment in the annexation of Pelican Bay has a net present value to them of almost $11,000,000. We become a significant donor to the City of Naples, to the tune of $11,000,000 over ten years, discounted at 4%. Actual net cash flow, positive to the City, is $15,500,000 over ten years. Those are their numbers, not my numbers. The details are on the spreadsheet on the 5960 Pelican Bay Services Division Board January 5, 2005 1(01- It 'ð next slide. I draw no conclusion from this as to whether it is good or bad for Pelican Bay. I do draw the conclusion that it is a great deal for the City of Naples. Mr. Roellig stated, "I agree with Mr. Sutphin that it is a great deal for the City of Naples, but it has been a great deal for the County also". I do have a problem with over-analyzing this Report. I think it has a specific mission and as far as I am concerned it has been fulfilled. I am still very much in favor of moving forward with this annexation analysis. 1 think there are a lot of positive things that would come from being aligned with the City of Naples. I think you can drive around the City of Naples and see what their landscaping standards are. After all, they take care . . of Gulfshore Boulevard, Seagate, Port Royal and a lot of very nice areas in the City. I do not see anything that causes me a lot of heartburn. They do have a number of taxing districts in the City, but I do not know how they are all set up. I would hate to see it bogged up in a request for a lot of information that they are not ready to provide and we would not be able to analyze and compare to what the County can do. I would be very unhappy if this dragged on through the season. Mr. Werner stated, "Mr. Carroll, I have the same concerns that you do". Some of the language used in the utility services write up says "anticipated", "could" and "may", I don't think highly of. There is no mention of sidewalks in the Report. The Report says that our streets are in good repair, but we have been looking at trying to get the County to repave the streets because they need to be repaved. Mr. Burke stated, "From what I have seen so far, it just strikes me as a beginning". When I first saw the Urban Services Report, I thought that somewhere out there, there are reams of information backing it up. I don't know if there is or not. The big question I have is that I have had no doubt from the beginning that the City of Naples was not sitting down there waiting to rescue Pelican Bay from the County. I always thought this had a lot to do with money. If Mr. Sutphin's information is accurate, it spells it out. If there are going to be negotiations to iron out the details and the City of Naples does make out well financially, when do those negotiations take place? You would hope that they do not take place after the annexation. If we have that kind of leverage money-wise, it would seem to me that we would have a great deal of leverage prior to 5961 Pelican Bay Services Division Board January 5,2005 10L4~ annexation to get some of the kinds of things that we need to get. I just thought there would be more information spelling it out. Mr. Domenie stated, "I see that there are still quite a few items dependent on Interlocal Agreements". We have no idea what that does to us as far as costs are concerned. Secondly, regarding beach access, if the City wants our beach access, there is an area from the Gordon River, north for two miles, Port Royal, where as far as I could tell there is no public beach access whatsoever. This area is limited to Port Royal residents only and Port Royal certainly does not have 14,000 residents. Perhaps they should explain how they are going to provide Collier County residents' access to Port Royal before they talk about access to our beaches. Mr. Sutphin stated, "I think that this Board needs to decide what position it chooses to take, if any, on the annexation issue". I don't think that we should politically come down for or against annexation. I think if we are going to take a position, it should be one of educating the community in the benefits of having an MSTBU structure. What the advantages of an MSTBU are in being able to have limited self-government with essentially zero overhead, as opposed to whatever financial and tangible benefits the community might gain from becoming part of the City of Naples. In other words, explore the options of doing more of what we do, or less of what we do, if that is how the community feels, instead of voting for a permanent change in political structure because of dissatisfaction with a couple of issues that have historically happened. One way that I would choose to address that is by having a series of informational community meetings explaining what an MSTBU really is. I don't think an MSTBU is well understood by most people in the community. Mr. Staros stated, "The Urban Services Report really skipped over the water issue". The water issue is way past being important it is huge. Without knowing how water is going to be distributed, I don't think that you can move forward. Mr. laizzo stated, ''The issues were water, sewer, reuse water and solid waste". We are not going to be able to look at a timetable or cost until after annexation. We want to look at these costs before we consider annexation. 5962 Pelican Bay Services Division Board January 5, 2005 16~ Ag Mr. Roellig stated, "If we do have meetings of this type, I would strongly recommend having the City of Naples involved". I think they can answer some of these questions, rather than our presenting one side of the story. Mr. Carroll stated, "There are ten of us here that have eyes and ears and over the last three weeks that the Report has been out, I am wondering if we have developed any sense of how the community is reacting to this Report"? I know that this becomes a rather minor official survey, but what do we hear? Do we hear the people thinking that this is a good idea or are they not able to comment because it is too detailed or too nebulous? Mr. Spanier stated, "A starting point would be the rescheduling of the discussion of the Ordinance and limitations of the MSTBU". Mr. Carroll stated, "To some degree they do merge". You could deal with the Ordinance separate from annexation or you could weave them together". Mr. laizzo asked, "Mr. Seblatnigg, when is this Report going to be made public to the community"? Dr. James Carter replied, "Once the Report was developed by the County Council, it became Public Record". The Urban Services Report was not designed to go into detail. It is an instrument designed by the State of Florida that answers general questions, so that the governing bodies looking at annexation can have some basic input as to whether they would proceed. Mr. laizzo asked, "The question was, when does this get out to the community"? This Report should be available at the Foundation and the community told that it is available if they are . ..' . interested in reading it". Dr. Carter replied, "I will defer that to Mr. Seblatnigg, but I am sure they are making plans to do that". Mr. laizzo stated, "This is how the community is gOi,ng to learn about what is coming". There are a lot of open questions that need to be answered. Mr. Burke stated, "At the last President's Council Meeting, Mr. Kinney handed this Report out to everyone in attendance". Unfortunately, there were not that many people in attendance. did copy the Report and it has been placed in our lending library for our owners to review. 5963 Pelican Bay Services Division Board January 5, 2005 11oJ-14 f{ Mr. Carroll stated, "It could be that we could merge what Mr. Sutphin and Mr. Spanier were talking about and have some kind of a discussion". I am not sure if it should focus on the Ordinance or on the two issues together. Mr. Spanier asked, "Mr. Seblatnigg, when you decided to contribute $60,000 to the study, was it your anticipation to have some kind of cursory treatment"? What could have possibly taken from March until now and some amount of money in excess of $60,000 to produce this very brief set of generalities? Since we prepaid what seems to be a large amount of money to fund a Report that has taken six months, I would like to ask if there is a large amount of non-referenced suppórting materiål? The Report does not specifically describe how the City intènds to continue to provide the services that we have enjoyed under the County and that the other residents of the City now enjoy. Dr. Carter replied, "The Urban Services Report was designed to answer questions such as how water and sewer would be delivered into the annexing community". Statutorily, you cannot charge the community that is being annexed more than you would charge anybody else for the same sewer and water services. In this case, Collier County is the provider of sewer and water and by statute they cannot charge any more than what they charge anybody else for those services and they cannot cut them off. The same would apply for effluent water for residences. We are still in the process of developing a position in terms of working through the effluent water issue. That Report will not answer it. It just asks will the annexing City be able to provide that service? The answer is yes, because they can do it through an Interlocal Agreement with Collier County. The second question of the $60,000. as you will read tomorrow morning, will become moot. This morning, the Naples City Council voted to return the $60,000 to Pelican Bay because there was a perception of influencing. Our attorney said that it was his idea to contribute the money and not ours, which is common practice in the State of Florida. Anybody that wants to annex into another area makes some contribution in fees to offset the cost of acquiring the community. That is moot now because the City Council has decided to return that money. You stated that it took about six months to prepare this Report. Let me correct that. The City of Naples never started this Report until late August or September because they needed to retain an 5964 Pelican Bay Services Division Board January 5, 2005 { b1-Ag annexation attorney, which they have now done. The annexation attorney for the City and for Pelican Bay will address some of these issues, so that we can come back to the community and show the general statement and the reality of the business plan, side by side. We need to give the Foundation and the community time to look at the various aspects, so that a more detailed decision can be made and not start worrying about whether the MSTBU will or will not exist. You will, in all probability, exist with a different role. You can see from the numbers, that the City will provide some of the services that are normally done by this taxing authority. The City has taxing authority and I think it is too early to answer any major questions about the exact role of the . . . MSTBU or the exact role of the City of Naples, because we are still doing due diligence. Mr. Spanier asked, "Is it going to be communicated to the community that this is a preliminary statement, which will be followed up in some time frame"? Dr. Carter replied, "I am sure that it will". This was an initial report that raises more questions than it answers, so we are trying to do this as quickly as possible. We have not had it in our hands very long and there are some very interesting things happening parallel to this. The County is divided into districts, as you well know. The City of Naples has, as a part of that district, a Commissioner, who is Mr. Coyle. If you had a larger city that crossed over district lines, regardless of who the Commissioner might be, that says that the City on a larger basis would have the opportunity to have two County Commissioners with a vested interest in the City of Naples. The Commissioners don't just represent a district; they represent the entire County. As a Commissioner, I know that I could not just focus on District 2. A lot of the decisions that are made affect the other areas. You would increase your influence of the Board of County Commissioners on a governance perspective. You have the opportunity to elect seven people on the Naples City Council. You have the Council and Mayor and you have the opportunity to influence that. You will not control the City Council. It is not conceivable that any part of the City is going to control any part of the City Council. Mr. Spanier asked, "Are you saying that Commissioner Coyle represents the City of Naples on the Commission"? Dr. Carter replied, "It is part of his district". 5965 Pelican Bay Services Division Board January 5,2005 /fòL Ag Mr. Spanier replied, "It lies within his district, but as I understand it, the Board of County Commissioners deal with the unincorporated areas of the County". Dr. Carter replied, "The Board of County Commissioners deal with all of the citizens of Collier County, including the City of Naples". Remember, Collier County has a General Fund, which you are taxed on, whether you live in or out of the City of Naples. Collier County is a large municipality, so therefore Commissioner Coyle does represent that section of the County, even though they are the City of Naples. Mr. Carroll stated, "You are talking about due diligence and that sounds to me as if it is - . going to take some time". The first question I raised was about the beach access and that does not take a lot of due diligence; either you do or you don't. Is that one we are going to get an answer to? Dr. Carter replied, "Beach access will not be a part of the annexation process". It never has and never will be a part of that process. That is a separate subject for Pelican Bay to deal with Collier County. Mr. Carroll asked, "Do you mean the people of Naples have no interest in accessing our beaches"? Dr. Carter replied, ''There is some assumption that they could". As reported by one of your members, I can't go through Port Royal to go to the beach. If Pelican Bay were part of the City this would be another community with its' own covenants and restrictions, with beach access on the north and on the south, but the delusion that you can walk through private property to get to the beach is not the case. The Board is going to make a presentation to the Council in mid- January explaining what the Foundation and beach access is all about, so that they can educate the City Council. All the citizens of Naples will view the meeting and I think there will be a better understanding after that meeting takes place. Mrs. Pat Bush stated. ''The Urban Services Report has already been placed on the Foundation's website, with an explanation of its' purpose and limitations". Mr. laizzo responded, "Get the word out to the community". 5966 Pelican Bay Services Division Board January 5, 2005 IbI- A 8' Mr. Werner stated, "I don't think this Board should take a position on annexation". I do very much agree with Messrs. Sutphin and Spanier that there should be a more informative Ordinance discussion. It surprises me very much that the City of Naples does not have an annexation policy because they have annexed a number of areas since I have been here. Mr. Carroll asked, "Should we set up some kind of a session to acquaint the people with the MSTBU. the Ordinance and perhaps annexation"? Mr. Sutphin replied, "I just get this feeling that there is a lack of understanding of what an MSTBU can do under Florida law", I intend to rerun the article that I wrote for the Pelican Bay . -.... .. .. -.. ~ Advisor, in the next issue of the Pelican Bay Post. In line with your idea of reviewing the Ordinance, if the community so desires, the MSTBU can have more authority to tax the residents of Pelican Bay, for Pelican Bay, than it now does. As I understand the scope, under Florida law it is quite broad as to what an MSTBU is allowed to do. My thought was to simply present it as an alternative to annexation, for the voters in Pelican Bay to make an informed decision. I don't think they have all the facts. I personally have not made up my mind about annexation and I probably know more about what an MSTBU can do, if it is so structured, than the average resident of Pelican Bay, I think that everyone should have that information so that they can make a decision. Mr. Roellig stated, "The Foundation is taking the lead on this and I would be very opposed to dueling meetings between the Foundation and the Services Division". I think the Foundation should take the lead and if we wanted to participate that is one thing, but I don't think we should have dueling meetings. Mr. Carroll replied, "The Foundation is not familiar, in detail, with the MSTBU". Mr. Roellig replied, "It doesn't matter, they are the lead when it comes to annexation", Mr. Carroll stated, "Annexation is not what Mr. Sutphin is talking about". Mr. Sutphin is talking about training the people of Pelican Bay with what an MSTBU is and what it does for them, what kind of an asset it is and what kind of an asset we are giving up if they annex. Mr. Roellig replied, "That is an annexãtion issue". Mr. Sutphin stated, "The Foundation has taken the role of a proactive action pack, PAC (Political Action Committee), if you will". I don't necessarily object to that either and I am not 5967 Pelican Bay Services Division Board January 5, 2005 /01 42' proposing that this Board be an anti-annexation body, because that is not our role. Our role is to inform the community as to what an MSTBU can be, even though we may not have been so in the past. Mr. Carroll asked, "Can you put what you want to do in the form of a motion so that we can move forward"? Mr. Sutphin asked, "Can we arbitrarily set up a series of informal meetings". Mr. Ward replied. "To the extent that it is just one of you. you can". If there were going to be more than one of you in attendance we would have to advertise the meeting and record and transcribe the minutes, none of which is problematic. Mr. Spanier stated, "I think the format of the meeting ought to be a special meeting of this Board where we can convene. speak to each other, make a public record and publicize to the community what the purpose and nature of the meeting is, well in advance of the meeting". It will be a two-way flow of information and we have had about a year or so experience with Mr. Brock's revolutionary modification of our Ordinance. Under your leadership and this Board. we have stretched the envelope of what the MSTBU in Pelican Bay has addressed as its functions. in terms of attempting to supplement the communications channels with the Foundation. There are some things we have learned from experience that are constraints and there are other things that are strengths. Mr. Carroll asked, "Can you put this in the form of a motion"? Mr. Spanier replied, "I would move that we schedule a special meeting of the Pelican Bay Services Division Board within the next forty-five days, with adequate emphasis on added publicity to the community using Channel 96, The Pelican Bay Post and whatever means are appropriate to maximize the attendance of residents at this informational meeting, which will address the functions, limits and contributions that this Board has sought to make". Mr. Staros stated, "This meeting is open to the public every single month". Possibly. if the Agenda items were advertised a little more, this meeting would suffice for what we are talking about. 5968 Pelican Bay Services Division Board January 5, 2005 /0I4~ Mr. Carroll stated, "That is not a bad idea, we could set the meeting for 2:00 P.M. and have a two hour meeting on that issue and one hour for the business meeting". I think Mr. Spanier's forty-five days is good and will give us an opportunity to use our next Board Meeting or some other time. Mr. laizzo stated, "\ could not support that". This Board has no business dealing with annexation. We should be concerned that the citizens receive sufficient information. Outside of that, this is not a Board function. Mr. Carrpll replied~ "This is not- annexatiorf: Mr. laizzo stated, "The Foundation is the Master Homeowners Association and are responsible for that motion". Leave it off of our table. Mr. Carroll replied, "Okay, that is your opinion". Mr. Sutphin stated, "I have a comment and it is a concern". If you remember, a couple of years ago there was a Sub-committee formed to inform the community about the new Ordinance, which was the product of a very lively community debate with hundreds of people attending meetings and all of this work went into putting together our new Ordinance. I was fairly new to the Board at that time and I served on that Sub-committee. We had scheduled three meetings at different times of the day and one on a weekend. The largest attendance we got at any of those meetings was fifteen people. I am a little concerned about the lack of real interest in this community. Mr. laizzo's valiant effort to educate the community, notwithstanding, I am not sure many people really care. Mr. Carroll stated. "I remember that also and we were all very disappointed in the lack of interest". I think that the least we can do is try. Mr. Domenie stated, "I think it is only going to be about the MSTBU, not about the future of the MSTBU in annexation or anything like that". Mr. Carroll replied, ''That is right". 5969 Pelican Bay Services Division Board January 5, 2005 10LJ4g Mr. Spanier moved, seconded by Mr. Werner and approved in a vote of 8/2 to schedule a Special Meeting of the Services Division Board within the next forty-five days to address the functions, powers and limits of the Pelican Bay MSTBU Ordinance". Messrs. Roelllg and laizzo cast the dissenting votes. Mr. Domenie stated, "I agree that it is the responsibility of the Foundation to disseminate the information which they gather". We have nothing to do with that. Secondly, I think we should have a meeting about the Ordinance. We don't know if we are going to be annexed or not and if there are some areas of the Ordinance that should be corrected, I think we should corr~~t them. , . Thirdly, the Pelican Bay Services Division spends approximately $450,000 per year on maintaining Foundation property. Has this been addressed with who is going to be paying for that with an annexation? ELECTION PROCESS UNDERWAY Mr. Carroll stated, ''The election process is underway and the closing date for applications is Monday, January 10. 2005". Mr. Spanier asked. "In the representation of the commercial interest, is the County Commission not in a position without a vote to appoint an interim person to fill Mr. Harrell's seat"? Mr. Carroll replied, ''The County Attorney took the position that it was so close to the election that he did not want us to do that". Mr. Staros asked. "Do we know how many people have put their name in the hat"? Mr. Carroll replied, "Right now there are s.iX:'. ADMINISTRATOR'S OVERVIEW RED FLAG/GREEN FLAG Mr. Ward stated, 'With some exotic maintenance we had along the west side of the berm in Systems III and IV, which is from the Commons north to Pelican Bay Boulevard, there was an error by the contractor is spraying cattails". The contractor is proceeding with the clean up of that area, including the removal of some of those cattails. We have had only one phone call about it since it occurred, but if you go up into that area you will see some browning. Mr. Carroll stated, "I have had one phone call", 5970 Pelican Bay Services Division Board January 5, 2005 /6z 18 Mr. Ward continued, "A majority of the browning has occurred because of the saltwater that has come into that area". Mr. Ward stated, "In terms of favorable items, we are going before the Board of County Commissioners next Tuesday, with a consent item for an amendment to the existing contract for the construction of the balance of the interior channels that we term the Phase 1\ channels. which were slated to be done during the next fiscal year". Due to the pricing schedules, we are actually getting both of them done for what we estimated to be one full year. Hopefully that item will be favorably considered by the Board of County Commissioners next Tuesday and we will be in a position to have that m'ove'torward' and finished over the coming months. Mr. laizzo asked, 'Were interior channels in the budget for Fiscal Year 2005"? Mr. Ward replied, 'We budgeted approximately $120,000 and the price came in at slightly half of that amount and now we are able to do both phases for what we had budgeted for Phase I". CAPIT AL PROJECTS GULF PARK DRIVE IRRIGATION AND LANDSCAPE IMPROVEMENTS Mr. Ward stated. "This is the project that we are re-bidding due to the bid bond problem that we had with the prior contractor". The anticipated time in which we should be proceeding is right after Easter of this year. COMMUNITY ISSUES TREE REPLACEMENT FROM HURRICANE CHARLEY Mr. Ward stated, "The tree replacement project as a result of Hurricane Charley is ongoing". This appears to be a year of contractor problems for us, but it is not inconsistent with what I am seeing in the State. This contractor has had a problem with one of his licenses in Collier County. We do expect him to start in mid-February once he gets the re-certification that is required. Our alternative was to go to the next low bidder on this project, which was about a $6,000 increase over the current cost of the project, which we did not feel was necessary. We can wait another thirty to forty-five days, so "we are proceeding forward with the existing contractor. We do not anticipate that work to start until the middle of February. Mr. Werner asked, 'Will that project take about one week"? 5971 Pelican Bay Services Division Board January 5, 2005 16I Ar Mr. Ward replied. "Yes". HURRICANE CHARLEY STORM DAMAGE Mr. Ward stated, 'We are essentially completed with the Hurricane Charley storm damage assessment and everything is in for reimbursement from FEMA". We will have to wait and see what kind of funds we get from FEMA with respect to that particular project. As I have indicated to you before, it can take as little as six or seven months and upwards to a year or more to get reimbursement. Mr. Carroll asked, "Is there still some question about the accuracy of the summary"? Mr. Ward replied, "No, Mr. Lukasz has corrected the numbers", About $71,900 has been submitted to FEMA for reimbursement. We will get some percentage of that back and we just have to wait and see how much that will be. The County has funded the $47,900 and our Uninsured Asset Fund covered $63,350 of the total. Mr. Domenie asked, "Until such time as we receive the $72,000 does it come out of Uninsured Assets"? Mr. Ward replied, "Yes", SIDEWALK OVERLAYS Mr. Ward stated, "The County Transportation Department has recently indicated to us that they are going to take a look at the alternative price from Bonness to do the sidewalk overlay work", The prices are substantially different and by that I mean higher, than what they were under the County's existing contract, but because of the time schedule they have not been able to , . get this project accomplished for us. They have agreed to take a look at that to see if there is some way that they could fund these higher costs related the resurfacing of the sidewalks in Pelican Bay. I think that is a good move forward by Transportation and hopefully they will be in a position to do that for us. SUB-COMMITTEE REPORTS INTERIOR CHANNELS Mr. Burke stated, "Mr. Ward has just covered the good news on the interior channels", That is very good news money-wise. 5972 Pelican Bay Services Division Board January 5. 2005 162 A-ð" CLAM BAY MONITORING AND IMPROVEMENT SCHEDULES Mr. Burke stated, "You have been provided the Clam Bay Monitoring and Improvement Schedules as part of your Agenda Package", CLAM BAY ENVIRONMENTAL CONSULTANT Mr, Burke stated, "At the last meeting you were informed that Turrell & Associates' contract is expiring and is up for renewal", The process is in place and the RFP's have been let. The new contract should be executed by March 18. 2005. The Process and Selection Committee is in place. . .... Mr. laizzo asked. "How many companies will respond to that bid request"? Mr. Ward replied, "There is no way of telling at this point in time", Mr. Burke stated, 'We will know sometime in early February". BEACH RENOURISHMENT Mr, Ward stated, "As you requested, Ron Hovell, the Project Manager for the Collier County Beach Renourishment Program, is in attendance at your meeting today to provide you the status of that particular project". The Services Division is funding a piece of this project, specifically for Pelican Bay. We have included some relatively minimal costs in our budget to help fund the necessary environmental studies required to successfully be able to get a permit for the beach renourishment in Pelican Bay, as part of this larger program, Mr. Hovel! has done a great job in working with this Division over the years in terms of all of the issues we have had, whether they were related to the restoration of the Clam Bay System or related to the dredging of Clam Pass itself and specifically with this project. His committee has been helpful in working with us and being part of this larger program we have saved a ton of money. Mr. Ron Hovel! stated, 'We have included your request to renourish the Pelican Bay Beach as part of the overall Beach Renourishment Program for the County". The photograph shows both the Vanderbilt and Pelican Bay Beaches. The southern end of the project limits is just south of your northern beach facility, We have been working with the State for over a year to get a permit. Just before Christmas the State issued their Notice of Intent to Issue a Permit. The package is in the neighborhood of forty pages thick. I have e-mailed a copy to Mr. Lukasz. 5973 Pelican Bay Services Division Board January 5, 2005 /tz Ar Anyone who wants a copy can certainly get one if they want to read the details. The bottom line is that over the next month or so, we expect the State to issue their permit. The Federal government usually issues within a month of the State issuance. We should be set for next winter as far as permits go. Mr. Hovel! stated, ''The bad news to the overall program, is that the permit conditions are going to require mitigation in anticipation of hard bottom impact, either from this project of from past sins". Rather than continue to fight that, we did have a conference call with Mr. Pennington, State Representative Dudley Goodlette and FDEP in Tallahassee, trying to figure a way to do some mitigation after the fact, only if there was some type of impact proven to have occurred. The bottom line is that we are so far along that the alternative is to either accept the one-acre mitigation in the draft permit or risk pushing this program off another year. This will be addressed at next week's Coastal Advisory Committee Meetin9' but my sense is that we are going to get on with the project. We are expecting that after the permit becomes final and our consultant gets a chance to look at some details and do some preliminary designs, somewhere in the neighborhood of $1,000,000 to $1,500,000 more will be needed to do the mitigation, which is to build approximately one acre of artificial reef. Mr. Carrol! asked, "Is that a known technology"? Mr. Hovel! replied, "Yes". The County already has an artificial reef program and in the last year or so we have been using a contractor that is doing the construction and demolition material disposal. There is an area, just before you go over the bridge onto Marco Island, where they have been loading their barges and taking the concrete rubble out to create artificial reefs. We may be able to piggyback on that and take some of our limestone boulders out there instead of the rubble. Mr. laizzo asked, "Once we create this artificial reef, how far out is it going to go from the surf"? Mr. Hovell replied, "It is going to be no where near the surf". Mr. laizzo asked, "Is it going to be a mile out"? 5974 Pelican Bay Services Division Board January 5, 2005 /6L 4g Mr. Hovell replied, "I don't know that we have picked a specific site yet, but it would be at least a mile out". It is not going to be within the zone of influence of the beach system. I thought you were going to ask where the hard bottom is that we could be potentially impacting, You have probably seen the maps, but it is probably within a couple of hundred feet of the shoreline, depending upon where you are located. Mr. laizzo asked, "If there is no hard bottom now, why are we putting it in"? Mr. Hovell replied, "There is hard bottom there now", Mr. laizzo asked, "Are you trying to protect or restore it"? Mr. Hoveil replied: "According to the -State, they think that we either already have or will impact the hard bottom with this project". Their point is that we can either do an acre now, or if we damage even half an acre, they are going to charge us 3 to 1 mitigation, or an acre and one- half. Mr. Spanier asked, "\ am not familiar with this technology, but are we talking about the sand that is used on the beach washing over the hard bottom"? Mr. Hovel! replied, "Yes", Mr. Spanier asked, "Doesn't that constantly change as a result of currents and tides"? Mr. Hovel! replied, "It does". Some of the hard bottom gets covered naturally and that is why there is a big discussion as to what we could or could not prove as far as past impacts. Mr. Spanier asked, "How deep is the layer of sand, does anybody know"? Mr. Hovel! replied, "We are not even talking about removing it from the hard bottom, we are just talking about replacing the hard bottom further out, so that it will not be impacted by any future renourishment". Mr. Spanier asked, 'What does that do for the environment"? Mr. Hovel replied, "It provides a feeding ground for fish and other creatures, grasses and sponges". Mr. Spanier asked, "Is it something'that you can see from the shoreline or something that affects the sight line or panorama"? 5975 Pelican Bay Services Division Board January 5,2005 /6~A~ Mr. Hovell replied, "No, it will all be under water". That will bring the project up to approximately $20,000,000 for the entire County. In the past we have taken the States' approach as to how they would provide funding and taken out the portion that they would not provide funding for. We have guesstimated approximately $700,000 for the Pelican Bay section for sand and a portion of the monitoring costs. Once we get a little further along, we will have to re-Iook at that and see how we came up with those numbers and share it with everybody, so that during this next budget cycle we can confirm what it is you really want to do. Mr. Carroll asked, "Would you expect that the number would go up"? Mr. Hovell replied, "Not necessarily". Off the top of my head I do not know how much, if any, of the hard bottom is off of Pelican Bay. I do know that there is hard bottom off of Park Shore and Vanderbilt Beach, near Wiggins Pass. As long as you have not lost a lot more sand from storms and if the sand quantity has not changed a lot, I would not really expect your portion to change a lot either. Mr. laizzo asked, 'What is the approximate depth of the hard bottom"? Mr. Hovell replied, "It is within the first one hundred to two hundred feet". Mr. laizzo stated, "One hundred plus feef'. Mr. Hovel replied, "I would say that the range right now is within five to ten feet of water". Mr. laizzo stated, 'We are not going to disturb the hard bottom". If it is not deep enough, it is possible that moving in the equipment to renourish the beach will disturb the hard bottom. Mr. Hovell replied, "It is the sand". When you add fifty feet of beach width that you can see above the mean high water line, you are probably adding a couple hundred feet of sand out into the water. Sand will seek it's own level, especially when there are waves interacting with it. Mr. Spanier asked, "Did I hear you say that the southern boundary of the renourishment area is north of the north beach facility"? Mr. Hovell replied, "No, south of your north beach facility". Mr. Spanier asked, "The Ritz Carlton Hotel is going to be renourished, is that right"? Mr. Hovell replied, "The project covers the Ritz Carlton, the condominiums and the single family homes". It does not make it down to the southern beach facility. 5976 Pelican Bay Services Division Board January 5. 2005 IbI4~ Mr. laizzo stated, "I thought it was going to go down south as far as the pier"? Mr. Hovell replied. "I am just telling you the portion that relates to your portion of the project" . Mr. Roellig stated, "I understand that TOC Funds will be paying for the portion south to the Contessa Condominium in Bay Colony and we are picking up the costs from there. south". Mr. Hovell stated. "I want you to be aware that for Vanderbilt Beach this will be a renourishment project, so a lot of the things that have to happen there happened ten years ago". One of those is to establish an erosion control line. If a beach has never been renourished, the . .... . . property owner owns to the mean high water line and that might change on any given day or year. Once you do a beach renourishment program you are filling in submerged lands. Once they become submerged they belong to the State of Florida. In order for the State to allow you to fill in their land. they require that you establish a permanent property line that they call the erosion control line. The new beach. having been filled in on State lands, remains State land. The process to establish that property line still needs to happen for those portions of the project where one does not already exist. which is basically south from the southern end of the Ritz Carlton Hotel. There is going to be a hearing following the Coastal Advisory Meeting on March 10th in the Board of County Commissioner's Conference Room to deal with the details of that action. Mr. Werner asked, "Is the location of the renourishment a money issue"? Mr. Hovel replied, "No, I believe it was an environmental issue". Part of that was your choice, based on recommendations of staying away from the inlet. If you get too close to the inlet you do raise environmental concerns. Mr. Roellig stated. "It was part of the general design and an appropriate distance to come south on our beach". If you get too close to the pass you could have adverse affects to the pass. Mr. Spanier asked. "Since the last renourishment. how many feet or yards do your records show as being eroded and how much are we restoring"? Mr. Hovell replied, "The major renouiíshment in 1995/1996 stopped at the south end of the Ritz Carlton". Two years ago we trucked in some sand. but that was only put up near the dunes. 5977 Pelican Bay Services Division Board January 5, 2005 16 :z-4sY Mr. Spanier replied, "No, that is not what I was talking about". Mr. Hovell replied, "Other than that, I think if \ would go and pull a report, we would find that there has been some erosion in the last ten or so years". Mr. Spanier asked, "But not a catastrophic amount"? Mr. Hovell replied, "Probably not". If you are looking at where the mean high water line is now, versus some point in time, probably not a lot of width, but because of some storms you have lost a fair amount of height. Mr. laizzo asked, "Does the $20,000,000 include our area"? Mr. Hovell replied. "\ am including your costs when I give that number". Mr. laizzo asked, "Does that cover replacement of hard bottom"? Mr. Hovell replied, "Yes that includes any mitigation". Mr. laizzo asked, "Can we talk about it in two phases such as hard bottom and beach renourishment"? Mr. Hovell replied. "Yes, we will certainly break it all down". This time around they are also requiring shore bird monitoring, but because of the discussions about near shore hard bottom, they also want a lot of live inspections of the hard bottom over the next five years following the project, as well as, in advance of the project. The consultant's estimate is approximately $400.000 every year that we have to do it. That is a lot of money for no real work. Mr. laizzo stated, "I thought this Board took the position that it would not pay for hard bottom" . Mr. Roellig replied, "No". Mr. Werner stated, 'We took the position that we would pay for sand replacement, up to a maximum of $700,000". We were not going to get involved in monitoring, mitigation or anything like that. BUDGET SUB-COMMITTEE ANNEXATION FINANCIAL ANALYSIS This item was discussed as part of the discussion on the Urban Services Report covered under the Chairperson's Report at the beginning of the meeting. 5978 Pelican Bay Services Division Board January 5. 2005 /6~ ~gr- Mr. Sutphin stated. "I have scheduled a Budget Sub-committee Meeting for two weeks from today, if we can get a quorum". The only agenda item will be a Quarterly Review of the First Quarter Financial Operations. I am working with Mr. Ward and Ms. Smith to determine the format. COMMITTEE REQUESTS ~AINTENANCE SITE DRIVEW A Y RELOCATION - GEORGE WERNER Mr. Werner stated, "A lot of people are not familiar with the maintenance site". The main entrance to the maintenance site is Watergate Way. The first thing we want to do is repave Watergate Way. The lower portion, which is shaded in green, is the golf course maintenance facility. There is an existing road, which comes through the golf course maintenance facility and then goes back to the Pelican Bay Services Division and the County Utility Site. Mr. laizzo asked, "What are the white circular structures on the map"? Mr. Lukasz replied, "They are the ground storage water tanks for effluent water". Mr. Werner stated, "The golf course has a safety problem because of the number of vehicles that we have coming through the golf course maintenance site, where we have approximately 35 employees on mowers and in carts, etc.". There is a point where they have to make a blind left hand turn, which we believe is a significant safety issue. There have been several accidents that have happened around that blind corner and I think it is a serious accident waiting to happen. Mr. Levitt, the Greens Committee Chairman for the golf course, has smooth talked the County into allowing us to make a road just to the east of the maintenance facility, which would save the traffic from going through the maintenance facility and also improve the safety of the site. What Mr. Ward and 1 have proposed is if we could get the County to pay for 1/3 of the cost of the new driveway, the golf course would pay for 1/3 and the Pelican Bay Services Division would pay for 1/3. I am not sure the County will agree to that and if they do not, as far as the golf course is concerned they are not interested in going any further. The golf course feels it is a safety issue and that the County should be responsible for it. Mr. Spanier asked. "Which are the active County Utility facilities on this map"? 5979 Pelican Bay Services Division Board January 5. 2005 /£ ~4?f Mr. Lukasz replied, "The circular facilities are the current effluent storage facilities". There is the high service pump building used to pump the irrigation water out of the site. There is a chlorine building which is not in use right now and was used when the sewer plant was up and running. We have a chemical storage building. maintenance field offices and shop area of which we utilize approximately 75% of that building. There is an underground storage tank and the old wastewater treatment plant. Mr. Spanier asked, "Is the entire track owned by the County"? Mr. Lukasz pointed out the portion owned by the County. Mr. la"ïzzo stated, "Also known as eminent domain". Mr. Ward. did we èV8r get paid for that? Mr. Ward replied, "No". Mr. Carroll stated, "Let's not get into that". Mr. laizzo asked, "How many linear feet are we talking about for this extended driveway"? Does it actually start at Gulf Park Drive? Mr. Werner replied. "No". The existing roadway comes in and takes a right turn through the maintenance facility. The new driveway would continue somewhat straight ahead. Mr. Domenie asked, "Are we going to pave all the way from Gulf Park Drive? Mr. Carroll stated, "That is another subjecr. Mr. Werner replied, "No, that is not another subject, it is part of the motion". The cost of repaving Watergate Way is approximately $11,000. which was included in the $60,000 estimate. Mr. Carroll asked, "Are you saying that if the County does not chip in their $20,000, this project goes no further"? Mr. Werner replied, "Ves". Mr. Carroll asked, "Can Mr. Ward and I help in getting this done by exerting a little muscle with Commissioner Halas"? Mr. Werner replied. "Absolutely". I would like you to coordinate it with Mr. Levitt from the Club at Pelican Bay and possibly the three of you can exert a little influence. Mr. Roellig asked, "Is the driveway on golf course property or on County property"? 5980 Pelican Bay Services Division Board January 5, 2005 16z4-8' Mr. Ward replied, "It is golf course property, but the County has an easement over it". Mr. Spanier stated, "The conversation that had taken place and was discussed by Mr. Mudd, touched on the fact that should Pelican Bay get involved in annexation and the County then decided it had no obligation to provide effluent water, the County would plan to build a parking facility in this area". Are we anywhere near the Registry Hotel in this location? Mr. Werner replied, "No". Mr. Spanier stated, "So, there is no ingress and egress to this tract unless it is though this driveway" . Mr. Domenie statëd, "To corréct you, the~ountyis not trying to build a parking facility at this site". That was Mr. Mudd's personal opinion. Mr. Carroll replied, "That was a threat". Mr. John Dorsey _ Valencia - "If you are going to break this into 1/3 for the golf course, 1/3 for the County and 1/3 for the Services Division, I am a little confused as to what the difference is between the Services Division and the County". I get one bill and my bill says that I pay "x" dollars, but what is the difference between the Division and the County? Mr. Werner stated, "The residents of Pelican Bay are going to pay 100% of the 1/3, which belongs to the Pelican Bay Services Division". Based on the County tax rate, the residents will pay approximately 2% of the other 1/3 which would come from the County's General Fund. Mr. Dorsey asked, "Do you work for the County"? Mr. Carroll replied, "We work for Pelican Bay". The County appoints us, but we work for ..-" .. Pelican Bay. Mr. Werner moved, seconded by Mr. Roelllg and approved unanimously for the Pelican Bay Services Division to share In paying 1/3 of the cost of repaving Watergate Way and Installing the new driveway that would place the new driveway outside of the maintenance facility. 1/3 to be paid by Collier County, 1/3 to be paid by The Club at Pelican Bay and 1/3 to be paid by the Pelican Bay Services Division. Pelican' Bay Services Division's share to be approximately $20,000. Mr. Werner stated, "I would like to make a back-up motion". If the County does not agree to this cost sharing, I would like to suggest that the Pelican Bay Services Division and the 5981 Pelican Bay Services Division Board January 5, 2005 liL42' golf course split the cost of the resurfacing of Watergate Way. to where it enters the maintenance facility, in the total amount of approximately $11,000. Watergate Way is approximately twenty years old and needs to be resurfaced. Mr. laizzo stated, "If the County knows that, they are going to say no". You are giving the County a backdoor by making that motion. Mr. Werner moved, seconded by Mr. Roe/lig and approved unanimously for the Pelican Bay Services Division to spilt the cost of repaving Watergate Way with The Club at Pelican Bay In the event that the County does not share 1/3 in the cost of the driveway relocation. The cost of the total project to be shared between The Club at Pelican Bay and the Pelican Bay Services Division is approximately $11,000 total. AUDIENCE COMMENTS Mr. Peter Gerbosi _ Willowbrook Association - "I have made several calls to the Pelican Bay Services Division regarding the lake around Willowbrook". This lake has not been cleaned up since the hurricane. It still has broken branches in it and has developed a scum around the edges. Another Director and myself have both made calls to the Services Division and absolutely nothing has been done. I would appreciate it if something could be done in this lake. Mr. Carroll asked, "Mr. Lukasz, do you have any comments"? Mr. Lukasz replied, "I did get a call about it and we were over there". I will have to check to see what has been done. Mr. laizzo asked, 'Where are we on the community master plan"? . .Mr. Carroll aske.d. 'What community master plan"? . Mr. laizzo stated, "We are spending $56,000 for a community master plan for outsiders to come in here and tell us how to improve Pelican Bay amenities". Where do we stand on that? Mr. Sutphin stated, "It is in the budget and there has been no action taken to spend it". ADJOURN There being no further business, the meeting adjourned at 4:45 P.M. James Carroll. Chairman 5982 Ibz f}-8' PBSD Board members 1/24/05 The attached memo is a draft of a message I would like to see us send to all residents. It focuses on the Ordinance but it also is intended to give everyone a feel for what the PBSD does and what an asset to the Community it is. I intend to make it the first issue we discuss at our February 2nd Board meeting and will look forward to your comments. I would like Ed Staros to look at the paragraph on commercial and add to it because I feel it needs something. I also believe we need to send it out in a special mailing to be received by all the residents in mid February. We can also insert it in the Post but this won't come out until March. We also need to decide if we want an Ordinance review -session at-the March 2nd Board meeting. We could meet at 2:00pm and spend perhaps an hour and a half or two hours working this issue. I wouldn't expect to finish in one session but it could be a very good start. A second issue I want to cover is the Mid January Pelican Post article on he History of Pelican Bay. Note page 25 on the reference to US 41 median landscaping and on page 32 the comments on the "administrator". I have talked to Kyle Kinney and he will print a correction if we will write it which one of us needs to do. Jim Carroll Cc Jim Ward /ç,.z AR' PELICAN BAY SERVICES ORDINANCE REVIEW - 2005 The Ordinance which created an MSTBU was established to allow the Community to provide services over and above what the County provides to all other unincorporated communities. It provides a mechanism for taxing ourselves to fund these services. The Ordinance also created a Board to oversee the management of these services. It was established as an Advisory Committee but now functions as a managing Board called the Pelican Bay Services Division Board. The residential members (9) of the Services Division Board are all Pelican Bay residents whose primary objective is to be sure that the services provided are what the Pelican Bay people want. Services Division Board member's number one priority is Pelican Bay Community services. The thought that the Services Division Board is a quasi County organization which responds to County needs over Pelican Bay needs is nonsense. The commercial Board members (2) though they don't live in Pelican Bay have a vested interest in the Community and therefore have the same level of interest in seeing to it that the services provided are of the highest quality. The Services Division is uniquely positioned to work with County staff personnel to help evaluate issues and problems and work jointly towards best decisions for all concerned. The Services Division leadership also has regular access to the District 2 County Commissioner who can assist in accessing County staff and establishing priorities for services needed by Pelican Bay. The Services Division Chairman also meets on a regular basis with the Deputy County manager to review issues of interest to both. The Foundation is a private Pelican Bay organization within the Community that directly manages many of the services not provided by the Services Division. These include Trams, Restaurants, Covenants, Community Centers and others and are funded by an annual assessment paid by all property owners. The County also provides services such as water, sewer, effluent water and road maintenance. All of the services provided by these three organizations could be reviewed to determine if they are being done by the organization best equipped to provide the service at the best cost to Pelican Bay residents. /6.z 4F' Changes to the Services Division structure and mode of operation needs to be considered: A Financial position on the Board needs to be established. This person should head up a Budget sub committee as one ofhislher duties. The Clam Bay sub committee should continue as an ongoing committee perhaps assuming more oversight responsibility for water management. The PBSD Chair needs to assume more of a leadership role. The PBSD Chair should continue the meetings with the district Commissioner and the Deputy County manager and coordinate County Manager meetings with the PBSD Board. There needs to be more interaction of Service Division Board members 'with key Còunty·staffrñembers. There needs to be a continuing improvement in the working relationship with the Foundation There needs to be more time spent by the Manager or a Board member monitoring County Commissioner meetings, County planning committee meetings, City Council meetings and other staff meetings when their agendas involve Pelican Bay. The Ordinance needs to change to reflect Services Division changes. "Advisory" needs to be dropped and reference to "MSTBU Committee" changed to acknowledge the PBSD as the governing body directed by a Services Division Board. The MSTBU needs to be addressed in the Ordinance as the Taxing and Benefit Unit that empowers the Service Division to operate and to tax. The Ordinance should be changed to permit broadening of the Division's responsibilities if a need develops. The people of Pelican Bay need to understand that the Ordinance, which created the Taxing and Benefit Unit is a valuable asset, which makes possible the very high level of services, which they enjoy. They need to understand that it significantly affects our property values and our outstanding way of life. With the help of the Foundation and an improved relationship with the County we can build on what we have to make this an even better place to live. Jim Carroll PBSD Chairman 1/24/05 ~ g. 8 ~ N ~ N o o U1 . 3: tD \......I tD 3: OJ !:1. "< ::J ::J 3:ffi\Q ~ ~ ~ o N -. ., 0 ,.... OJ 0 ::r ::J ~ 0._"" c: _0 ~ 3 ~ ::"I o 0 r- -t\-t\tD ...... n 0 -....0 U1::JO -.... n o CD n U1 3 ::r ., tf) U) CD .... to OJ ., a.. _0 ::J to OJ ::J ::J CD X OJ d: o ::J - C tD "'C C ,.... -< n o c ::J ~ 3: s:u ::J s:u \Q tD .., . -a tD - -. n s:u ::J OJ s:u -< en tD ~ -. n tD U) C -. < -. U) -. o ::J OJ o s:u .., c. :Þ "'C "'C - -. n s:u ::J ,.... U) I en n ::r tD c. C - tD . -a tD - -. n s:u ::J -a o U) ,.... :Þ ;:+ -. n - tD I OJ .., -. ::J \Q -< o c .., n o "'C -< . o .., c. -. ::J s:u ::J n tD ~ tD < -. tD ~ 16:z.t/-g n ::r D.J -. ., 3 D.J ::I -- (I) ~ tD " o ;:¡. ~ (t) cr' 2 ~ . tv tv o o U\ "'C-Im ':::rI'D ~. m DI m p.' n . ~ ::T £~ OJ I'D g:J -.<0 C OJ ""'I lC -. m (I) ::J::T n. 3 Œ I'D :::r:J OJ"'" < m U') U') c m 0. r"t' :::r m "'C m , 3 r:1= C)' , tv r"t' :::r m C:J m OJ n :::r Z o C :::!. U') :::r 3 m ::J r"t' . c.n 1-1 n n::J _ :::r 0.. DI ~5. 3 cm -0. m r> DI ::5"< ,,<:Þ o :J c :J , C OJ DI lC - ~3: 0.0 OJ :J -. OJ ..... , 0 m ""'I -. r"t':J ?6\O nfèO ãJt-t 3 3 C:J"C OJ ""'I "<~ 3: I'D o 3 ::J. I'D r"t':J Q. ..... ::J() lCn OJ::T ::J I'D 0.Q. C 1-1 _ 3 I'D "'C , o < m 3 m ::J r"t' nU')nO-lt-t o n 0 -n:::r :J ::J ?6 3 n m ..... cto."'CoOJ I'D OJ - C,.... ""'I n c m ::J '-'- -. r"t' m or ~ 9: 0 o r"t' 0. c:t.""'I -no nO n O OJ ::J n"'C 0 OJ ::T ::J O"'C 3 - DI m3C332':J :::r"'C >< -.::J ... c m -. ~ 0. .. ::J r"t' 3 -. -. I'D 0. mOJo::J ':':' , ::J lC VI m C" or m 0.0-<,' -no OJ r"t' U') ::J:::rlJ1OJ' o.-,:,or"t'g:. ::!)~~g:.m ~Yó ~~.g. o.U')r"t'~OJ OJ 0 :::r OJ ~ "< -n m ::J m U')r"t'_C_ . :::r \ OJ U') :::r m OJ ~ -. "'C ::J ::J ,::J.......-,:, ~. m !"-" :::r m U') N OJ p.C)'oYó :E'~I-I r:1=-':' 1-1 ~~3:E ::JU')mOJ ",mU') r"t' ,1.1 r"t' :::r -. OJ m ~-\È"'C U')-I.~ "'C :::r -I 0 m m :::r < o. n m m ::!)ono. m::JoC" 0.r"t'::J"< r"t"r"t' -. OJ , r"t' 3nOJ:::r m g p. m _.' 0 C:J ::J (ñ.' 0 r"t' 0 :::r OJ :::r OJ, m::JU')o. /6:¡"~ . Qf.n AJ C 3r:r tan C» 0 <3 f.n3 c -. erR: ItD n tD 0::1:1 3 tD 3" -·0 ifr¡ tD ~ g. 2 ~ N N 8 U'I m(J) :::J(1) <.m a~ :::JO 3:::J (1) :::In aTo -3 ~3 =2 -. -.::+ n(1) (1)(1) (f) ......... ... 3: ~(1) -3 (1)e- 1(1) c.., ~(,/') Q) .. (f) .,!"J,-, ,-,Q) Q)3 3(1) (1)(,/') (,/') :EOJ Q)C ..,.., o-@ ... 3: Q) n ::I: Q) r-t" n :J'" (1) .., w ........... n ° C :::J ~ n""C,::J nOJno"'" on030""C :::J n 3 3 -g ""C r-t"»3 (,/')0 @ -. -. Q) (,/') n:E::+::+_!:!: r-t"Q)(1)(1)(J):::J ma.(1) (1) CIC >< (J)Oe- (1) (1).., 3 n -1.0_. C (1) Q) (,/') !:!: ~:::J(,/') ° -. -. 0' :::J ON.... :::J Q) -' r-t" 3: 0' (1) :::J (1) Q) r-t" - :::J' 3: 1.0(1) (1) r-t" -. :::J 1.0 ",-, 3:3:;;r;;r(1)~ Q)Q)e-e-~C .., .., .., .., C Q) g.g.ffiffiQ)~ .......00~~~U1 00'" "þ.... ... N.......~... N Ng-SX>NNO °U1NOOO o OOOU1 U1 OU1U1 U1 -i :J'" (1) (,/') n :J'" (1) 0- C (1) cr .., r-t" :J'" (1) ,::J " ""C "C .., ° n (1) (,/') (,/') (,/') -. (,/') r-t" (1) 0- e- æ. ° :E n - DI 3 aJ DI -< m :J < -. .., o :J 3 t1) :J ,... DI . . /{;.zA-ð . - ntn -C Dler 3 I "'8 ~3 tn3 C _I cri n tD o 3¡' 3" -10 ia tD n o :J en c - ,... DI :J ,... 16 :¡.;4g . . . . . . 'TJ OJ 0 1-4 ('þ (n c: c 3 cr' 0 "C 8 -. tD :J (I) QI tD "C ~ n -. n QI :J ., ., C C Q. QI ~ tv ., (I) (I) ,... ~ -. c 3 -. tv ~ (I) :J 0 0 ., -. 0 tD 0 tD C ""4\ V\ I Q. :J 3 n 3: QI Q. )Þ 0 0" QI (I) 0 (I) ""4\ tD :J ::r ~ (I) n ., QI tD QI n c cr '" ,... tD (I) "C 0 tD ., C -. 3 tD ~ ;a ,... 3 ." QI 3 n ."a. QI tD - tD QI -. :J (I) "0 tD :J (I) i ,... tD :J ,... ,... -. f.Q ., -. ~ " :J ., 0 ,... (I) (It ~ tD tD C (I) ::J: c (I) ., 0 0 n -. I QI QI Q. 3 :J ., :J !.tn tD (I) ~ Q. QI C :J ,... ......... QI ;a In (I) C ,... ,... (n ,... tD ,0 (I) I» -< -. c 0 :J < tD cr "C (I) -. c ;; (I) ;+ tD c QI tD QI (I) I ~ ;+ QI 3 I» ,... :J :J tD n .", Q. ""4\ tD QI tD ... 0 0 0 ., - :J ... ., ." -< ,... :3 "C ." -. (I) - ~ N ,... :J -. tD -. tD (I) 0 0 0- QI < :3 :J :J tD ., - 0 (I) c n (I) -. -. QI QI -. UI R: ~ - tD (n 3 ,... ~ tD QI tD ,... tD tD tD ,... 3 -. :J tD C :J ,... (I) ~ "Ij ~ 0- a ~ N ~ N o o U'I U'I I\) ---- -I(J) 2:S" en :::I: ~" ~. CC _ <' -< CD I» en ::J S"a. :::1:.... I» CD S. 0" en m~ CD ::T .... CD ::T - I» 0 ~~ ~ ~ (') .... ë CD~ ~ .... ::J CD e:: ëß ~ ::J I» e:: ::J ~ a. I» CD ::J X a.-g CD ::J -ð~ CD e:: ::J .... a. CD _. en -I» ~ - CD - en ::T CD a CD .... CD ::J a. sa. - ::T CD 0" e:: a. CC ~ :5" CC "'C g CD en en ...... ---- (J) - ~ ~. :::J: o ~ - o -ã ... o < CÐ - ::::r ü)" - -< I» ::J a. e:: en (t) ::T 00" Õ .... C=5" ~ 0" e:: a. CC ~ - ((5' e:: .... CD en - o S' (') .... CD I» en CD - ::T CD I» (') (') e:: .... I» (') '< sa. - ::T CD "'C .... .Q. ~ ~ sa. - e:: ::J a. 0" I» I» ::J (") ~ -ã I» g ~l3: Nel» ~ =. cg C!!5-0 § I e CÐ ::J ::+ - "T1 ;< N 8 C11 r ~ ¡ ::J - 20 ~ ~ õ ... CÐ 3 -ã ~ - ~~~d 61' c§- à. S" ::J~tIlm £~I»-ð ""tJ,,~CD a e:: (') ~ ~. ::J CD ~ ~a.II"1\e:: m tII \'dI CD o.l»(J)en < ß) CD I» en ::J "'C en (') - t?CD~sa. - 0"(0 e:: CD I I» .... ~ ~ ~6 ::J I\).þ. ~ § I» I» ::J (') CD :-n :< I\) § -I-ItII 9.9.~ I» I» _. --::J :D :D 2. CD CD ::J ëßëßcc ::J ::J " e:: e:: e:: CD CD ::J I» a. en tII o ~ -I» (O::J o (') CJJCD 0- o ...... 00 .þ.õ ...... õ CJJ ---- ~ (¡.) :..... (¡.) "'0 CD ~ .(fl .(fl .(fl .(fl .(fl , ~...... .!'J ~ -I\) .(fl ...... OO......CJJ-...I CO I\)-...IO......CO ............1\)(01\)010> w~êoÏ\:>Ï\:>):..oo ~0~~~~8 m :D c: ~ .(fl .(fl .(fltlt~-bfu~~ CJJI\S01CJJ(oCO...... ......CJJ.þ.(OCJJCJJO ~w~ooo8°O W8~~~018 /6~AB z o ::J ~ ~ õ ... CÐ 3 :I> ::I DI - Ut -. Ut ~ ~ õ ... CÐ 3 :I> Ut Ut tD Ut Ut :I tD ::I ,... DI~ ::I DI Q.., :l>þ.J Q.O <0 DIU! - o ., tD :I ." -. Ut n DI - ~ ~ cr' 2 ~ N ~ N o o VI . . . . ~ =- C tD ~ -t ~ I» -t O::a S'?? O~ - ::I::: ::r 0 "Q ~ n tD .". .... \n -. \C tD -. "Q - ~::I 0 \n \n C ::I -. \n C .., \n 0 ~ n tD ~ g ã1 \n C" ::r -. s:: 0 ::r C" ~ \n I» C mC \n >< œ~ 0 \n\C ~::I'" .., .., -. .'" C" 3 tD o n tD ""'" ~. "Q tD 3 ~... = tD tD ... C" tD Q. 0 n ~. \n I» n ~ 0 ;'I ::I ..., < ~ I» .., ! 3 C s: 03 ::r_ -t ~:! ~ :Þ Y.! ..., :;: I» ;::; ~ -. W l., ::r = ñ) m l., ~. -. < 3 9- ~ ~ ~~. tD 0 ~~õ'<::I....c .., ~ ~ t!;~ n "Q 0 :Þ .., I» ~::I tD -. tD n ... o tD "Q ""'" "Q I» ::I ~;::¡: ~ ~ C\n m c: c.., tDc_.., 0< ::I I» "'::1 · tD -. - ~ ~ r1't!; ~Q.§ \n ~ ~ ~:Þ tir~ (n "< ::I -. -. -. C ..,.- D:I -. "Q - I» \C ::I ::I ::I == tD v.I::r tD ::I "Q -. \n ,....... ~ \C \C \C .-r I» _ ft. ..,::1 -.:þ ~. l., - I» 0 I» ::I = ~", I» -t"Q ~æ'" s. ::I"Q ::I n _ "Q n _ ~ -. _.~. _ C 0 l., "Q n ::r l., ~ 0 ::r ""'" ::I I» l., .., \n a 0 tD ~ ::r ""'" I» ñ' n ~ >< .., "Q tt _ C ~ 0 tD ::I I» .., 0_· "Q tD tD - W ::I l.,,,, I» ~ tD tD Q. ã1 ;:+ ~. r"" tD 3 I» "Q C" õ' I» ::I ::I -. ~ O ~ >< tD Q. "Q C ::I \n \n Q.::I -. .-r Q. Q. - Q. t1)"""'" _. ::I ""'" _0' "Q -. 0·........, ~ ~ ~ 0 I C"'\O ~ _ t1) _ _. >< \0 _ C ::r - ::I O~ 0 -. t1) ~ .., t1)~ \n..,::I 3 ~ I (X)(n tD\O:Þ _ tD I» ft, ft, 0 tD 0 C "Q ..:.: I \n I» - ~ ~ ::¡: d' ~ ""'" ~ ~ ~ -t Q m 3~~0 õ'tD3 \O""a-0 !.~ ::I ~I».......::r;:+.., '-Ic~ \n _ ~ -LA. tD -. ..., C" ~ ~ -. -< C" ~ t1) ~ \..I n -. t1) 0 I» tD ""'" _ -. .., - ft, C \n .., 0 "Q t!; ft, C l., n -.... - - n _ ""'" 0 0 - I»~::I~I»' \n ;'I ª- ~"Q ¡¡roc ~ _tD C"~::I _. I» C \C 0 I» tD -<::I C tD ~ ~ ä -g g 5''< IE ; ~ ~ I -. tD \n tD ~ ::a::a .., I» < \n ~ t1) .., ::r tD tD N \n nr ~ d' tD tD \n ~ t1) "Q 3 0 "Q Q.::r \n >< Q.I» tD _0;:+0 00 """,t1) ~ "Q Q.w < U1\n C nQl t1) ~Q.::I c. 1». ~ ::10\0 ::I 0 """,Q. t1) C.c tD Q. ~::Ia\O; c.~::I""'" tD ::r 0 3 ~ -. -. -. ~ 0 Q. tD~ . \n\n ::I <.., 0'\ 16.1- 118 tn o ~ tn o .... U) :!1~g» U13;::P "'3f1' clU"8 IU ~ ,.. ;+ I I tD.,,:C ... I» &,:<a. <"'fI' tD-· 0" 00 ~U1'" ~ ("þ r:::r 2 ~ JV tv o o U'I -.) 3-h"-an 1»§œ.tDl» -. 0. ° ::"C ::I n n -. I"1"fnl»l»S" tD 1"1"::1- ::I -. I» ~ ° 0'-""'" ::10::11»:1> nCI»-<= tDQ:::I 0 -h o.tn I» C"'., tD "C º=tDtD;æ~ -. fnc -. I» 1"1" nl"1" -< I» ~ tD -. -. < I» fn ~ 3 ~. n C ~ ii S' -. ." ° C"'\C ~. C < - fn::l tD tD ~ -. 0. Ofn 3 -. 1"1" ::I ~ tD::Ii' I ::I o:J Gr;3~:I> . tD I» ., 1"1" S' 0. 1"1" .,,1"1" :::J" _. tD I» tD fn::l"C n I» "C W 1»::1.,1» -nO::l ......-tD<C -..... tDl» tD ãJ' 0. ., I»n "< ., -. 1"1" :::::J"o:J N~ tD ° 0o.-h~ O.,co. UI -. ::I <o.~ CT ~ ='- C c; - ,., 0. I» \C æ. \C -:c -h S' tD ....0\C 1"1" :::J" ., ... -htDl"1"l"1" o~== ., ,., ,., ,., . ~nO NC"'n .... oco 0300.::1 O"C UI\C q- ... -. tD I» OtD 1"1" o~o:JtD~ o 0.,,, I» 0. C · fn -h I» tDO- -. 0. ., ::I I"1"tn C :::J" tD N"C tD ;æ 0° -. o::l-an UlI"1":::J"tD . :::J" I» fn tD fn,....... .... tD n -C'" - _ _. 10-04 I» iir 0. 10-04 3 "C::I .,.,1"1"... tD -. tD """ 'A n ., I» VI tD -.-< C 'A ° _ VI ., Gr"n::a tD :::J" m -. Q I» 1"1" ::I -'::1 ° < ., I» tD::I I» o.œ.o: ... ° fn C'" n ::I 1»0°'-" ~. 1"1"::1 I ::I :::J" fn \C -a q- .... fn :::J" C :::J" I» ~ tD ° fn -.., -htD°tD fn::l I» 10-04 -. ~ "C ::II» ~ RO ." fn ° 10-04 ¡;r ~ ~. 10-04 n .... 3nl»UI 1»-0 I» ::I -<... 1"1" 0 œ.CTtDO <tD~O · :J: QI ~ Q. tn o ,... () · tn o :c S"!!! ;; ,., 1"1" tD ,,, ~ !. ~ VI -'., 0 N::I -. ,... O\C Q. () ~:~ n tD... "...... 0 >< N tn ::I "C 0 q- ,... tD 0 tD ::I.ctD o.c;1"1" ;:;tD,... C :! _. ., ,., \C tD "C :::J" fnot:!. C"'fn::l -< 1"1" \C I"1"tD,-" :::J"o. -. I fn -. I»::I-a 3 0 I» g B-3 ::I C'" tD 1"1"-::1 . ,., 1"1" ~fn ;!a' _.., fn ~~ :::\C -c -'fn ::11"1" QI» tD::I 1»0. fn tDtn I"1"tD :::J""C tDtir !t3 fnCT rltD 01., -... /6.z-,4g ."tntn -·e 0 ül3::Þ r1"3tn w" ~~ . c w ;:¡.. tD.,,::c :.<~ ,.". CL. tDN ~. 0 tn ID 0"8 ~UI,... c·"~_......_.,,,,_,_·~· " C I (1) < M"OJ OJn æ. °0 mOJ 0 :JOJ ~3"C m a.:::r "C X OJ .., M" 3 :::t' OJ (1) OJ m m "< == c35(/)3 0.. C C _. lOC"'~~::s m m _. _ Q M"tri ~n., (/) 3°-<; C(f) 3_ C'" C m _. I C"':J3 U) n 3 M" _. ,... ° -. ~ 0 3 M" m""", 3 OJ m." -. ::J ~_. ~ "< m U) m~ .c @ m m C_ 38 ffi-( m 3 c;r (1) ~ 3 0.. ~ ::J m M" N lO5. 00 OJ (f) 0 t""'t; C_ - C'" WI g 3 "C (f) _..., M" 0 ~ .c ~ @ ~ ~ 3 m :J 0.. ~ C'" C 0.. lO m M" "Tj (") cr' 2 ~ N ~ N o o UI M" ° 3: ~ (f) . 00 OJ OJ ~ C'" OJ ~ OJ (/) 3 ;::¡.: :::r '"0 ::!. ° ~ . ë3' ~ . m ~ -. 3 Q ,... (1) n Q .., ~ o < (1) .., ""'" c ::s c. U) Q < Q -. - Q cr - (1) . c (1) < (1) - o "C ""'" o .., (1) n Q ~ ~ ." -. U) n Q -( (1) Q .., N o o U1 n Q "C -. ,... Q U) "C (1) ::s c. -. ::s .c cr < "C .., o .c .., Q 3 ." o ""I tD n S» (I) ,... /6 zAg I-t I-t -a - S» :::::I :I> am o c ::let. Uta ~tD 0.... "tn "'c tDcr cr. ., n c 0 DI 3 ~3 3: -. IDS:; ~m -. ::I a ÞOyj g. 2 ~ tv ~ tv o o VI . ==n ~ 01 tD ~ ~\....Io"" .., -. ::r · · fa 3 ;;'tD -. :E .., n ,..< ~ 3. OJ ~ 01 M>J ~ ~ a. ;:; ~ ;. ~. -<. g ~;:a lC ::J ::J a. (n m ;:¡: lC º'= ~ œ tD -. n (D 110' .., a. fJ) OJ .., n < g ~ d 3. 0 tD (D.. (D ::J ::J ñ) sr .. a. fJ) (D 3 110' ¡¡ï ::J ~ CD 11/ ii! ~3~~~"2. g.~ :ig~ ê} "< OJ ~ tD n ::J ~o. "< 0 a. tD........ -. 3 01 -ð 3 iB' ~~ ~ 5. ~ tD 3 . r--I': ~ 3 tD n (D -. 0 ~ OJ fJ) ~ '-'" ,... tD OJ 0. 5. :IE -. ::J ,... o ::r r1" 01 "C .., tD I 01 "C "C .., o < tD 0. \0 :E o ;:+ ::J'" "C c: .., fJ) c: -. ::J lC . -h \"",I .., -. o 3 3 :e "'"01 m.., ~o. »,... 01 0 ~"C 0.'" o -h< o _. "'0. tD tD n n 01 e ~.., o ñJ -h~ -<,... tD ~ 01"" .., 01 ,... me ~ ~ 0.01 ;a~ tDo. ~-h tD 0 ;æ .., tD ~ g:JC» C»~ Dio ~ -h n .., tD tD ~ tD ;æ tD .., tD n o < tD ..;æ 16~4-~ c: ::s -. ::s (I) c '"'I tD Q. :Þ (I) (I) tD ,.. (I) ~ tD (I) tD ~ tD ta C Q. u:2 ~ tn C cr- . n o 3 3 -. i tD I((;J-Itt . . . ~ (1) ,... .... \J cr' "'C m _" .... 8 "QlQ.,... 0 ~ - ~ ~ ~ ~ _" Q." QI o m ::s N tD ,...(1' ,... n ::;; _I 0 N (l'Q. 0 ,... ~ _I _I o tD 0 _I tD::s 0 U1 o QI (I' ,... 3 ::s CT ::s::s tD tD ,... ,... "'C ,... ., ,... - I QI o ::r tD ::r::s _I ~ tD ~I -. "'C ::s ::s c ., tD ::s ::s \Q,... tD ., tD\Q (I' m tD 20 _" tD Q.,... O::s Q. C (I' tD Q:~O :e; ::s (I) a. 3 0 ::s -. ,... QI ., 0 (I' _" ""(1'0 ., _" ::s IDC tD _" ,... _1(1' "'C (I' >< tD ""(1' C n~ ~ c ,... QI~"" _ltD ~ C .,O\::r - (I) - -. tD~QI CT(I' QI ... ,... (I' C (I' QI tDQ. -. _I Q. n tD ,... ~ 3Q.; 0 (I' QI cr -. CT _1_. tD 3 ., I - ,... - QI _" tD tD tD m n "oc: Q. Q. ,...::s., 3 CT _" C 0 Oe!.CT 0< ::s QI o ,... C a. 3 ""O::s ~~ ""::r tD C tD n 3 _I tn tD n n tD m 3 ~ C tD ;! 0 -. ., U1 QI CT R: ., _" ., tD tD ~ n Q. ., ::s 0 tD .... tD ,....,(1' ~ - tD tD\J;a tD < tD tD ::s tD ="'C tD -no tD oQl~ Q. I--' ~::s 0 /62 48 . "T:1 ~ r::r Z a 0 ~ = tD tv I"t' ~ 0 tv 0 ~ ::a 0 tD V1 "C m 0 C ;:+ I"t' ." )II :T r- -. (1\ :I> 3 " Q. 0 en if 3 = I"t' :T -. Q. :I -. C» ~ :I DJ Q. . S" z ti) 0 dJ .,.... ::I tD (It I"t' tD 0 " ~ ::a :I ~ tD "C m 0 m ;:+ Z ." I"t' - tD :T ." C» -. (1\ r- ~ 3 » ~ 0 ~ = V) (It -. I"t' ~ :T I-" I-" ..«ù__.,___,.__.. """--..-",,,,,,,,,,-,..-..- "ïj ('1) C"' 2 ~ tv ~ tv o o U\ - tv z o d: n (I) -i o '"'0 -, o n (I) (I) c.. nOJ~'"'O onc..(ti ::J n I @~-ð'~ n c.. (I) c.. /""'t' m » ::J. :š: ~~tÈm n -, d: C c.. ::J d: lC o ::J »3:3: 'U OJ OJ :::::!. -, -, n n ..þ.::J"::J" ~N~ o ....U"I N °NO U"l00 oU"l U"I '-."'-" OJC dtÞ '"'0 (I) o Q (f) -. d: ::J ~ lC 0 ::I ï1ï11.....10 (I) (I) OJ ., 0" 0" ::J -. -, -, c c c OJ -. OJ OJ ~ ::I ~~w!. NI-LI-LC ..þ. 0.... I» ~~~fa" 000 OOU"l U"I U"I &' < -. (I) tÞ Q. C I» fa" ~ I» ,... C (I) :E "'C (f) .... (I) a "'C =I (f) \..,;;". ~ -. /""'t' (I) -. u:1 OJ ~ ::!) I» on,... c :E ~ -. (I) = o· 0 < ::J::J OJ -. (f) -,::J I» c.. 0.. OJ ::J . c-' -i c.. ro Q. ::J" (I) 0" r- ro /""'t' (I) I» ro ::J" -. ::J (f) ro ::J '" /""'t' lC w. 3' "'"'" (I) OJ 0 ::!) n /""'t' 0 ::J I» ro OJ "C c.. :E == A\ -. N u, ", ::J (I) n lC c.. .... ~(f) õ' 3 c..ct-,"C c (I) .., -ro ro /""'t' 0 /""'t' ::J" ~ (f) -. < 0....· (f) tD ~ G) "'C 3 ::J" C -, A\ ro - 0 ..., --tI \..,;;". ::J ~ '"'0 (I) ,... "'C~~(I) -'7'/""'t' ~. 0 (1)00" ~ :::::!. (I) (f) < _. ro ~ (f).... - _ 0 -. n (f) (f)-'(3" (3"OJc.. c..~ 0"0","", (I) ::J Q 0;00" :E 0 -. OJc.. c.. . OJ-i ::J~ c..(f) /b 7- A-g . )Þ Q. :I n _. DI :I -a -. ;:;:~ !oQl ~S' .. .. .Q, fit'" tD &1 o ;:¡. /6Z 4? ~ . . (1) a' 2 ~fir8g~ -t n -c U'I """-i tn Q o -. :J" ""I ~ o.(t) ~ -. o~:Jc tD 30 OJ CL to (t) ::;':J tv U1 -. ,...,. :J ~ tD -c~:E U'I tD ~ o :JõJ~(t) tv -i to ~ -c ~ ëi)OJOJro-c ~ 0 :J"ï1 0 ,...,. 3 - 0 0 -. ^ U'I ;:+ Q VI -. (t) 0 CJ ;:+ tD o U'lC - U'lC'"~(t)(t) "'0 :J"""OJ~~ ~ :E28"(§0. - a. ~ ,...,. OJ -, Q ,...,.nO 0 QOJ:EoOJ n OJ ,...,. :J" -. :J ^ ~ 0 -c ,...,. fir -. :J < tD -. U'I to . U'I :J" tD -. U1 ~ 3 ,...,. 3 OJ d:-c OJ ""I U'I... ^ (t) :J" 3~U'I - (t) -. :J (t) tD Q x~:J,...,.,-, ~ :g (t)S -. -< :I> -g on(J')~ ~o :J ,... o ~ a. U) ~U10(t)C ..... x -iOJ -. Q a. (t) OJ -.::2 OJ ""I -·:J"3 @ n a. :J (t) -. ~ 0 ~~ OJ fir ~ a o.~n 3 CL ,...,. n(t) """:E:Jo. 0 0:J"oU'l3 (t)(t)o. ~ ~OJcr(t) ::I: -<~OJg: tD a -. (t) U'I :J -. (t) c (t)~(t) "'0 ::I .cU'l~n,...,. ~, 3 (t)-< c n (t)_. ""I Q -, :J" 0 :J:J ""I :J"OJcOJ -. a -. ro (t) -i ~. ~ -. ""I ~ n ,...,.o.:J~ OJo.:J" Q (t)(t)OJ(t) U) C'" C (t) to U'I ~ (t) C'" C g~8~~ :J OJ (i)"C i1 tD :E ~ n 3OJ,...,.(t) ::I ,...,. ,...,. :J -c (t) ~OU'l OJoqOJ,...,. ::r o(t) (t) -. S" :EU'l0J;:+(t) Q :J,...,.U'I:J ~ """:J"n!:!:. (t)org3~ ""I :J" OJ :J" -< (t) ;:+ ~ (t) :J . - U'I ,...,. (t) .. tD -c ,...,. ê--c ^,...,. :JtO -< .... -- ,...,. :J" lñ' ,...,. OJ :J" - (t) «It o (t) -. lñ' -. (t) ~ U'IU'I «It U'I :J """:E,...,.Q n -. n o:J:J"oro ,...,. OJ :J" 3 «It ;a 3~(t)~.c :J" U'I (t) -. -cOJo.o.c (t) n:J C tD (t) = c (t) -. -coto OJ-~~ oOJ3 tD ,...,.,...,.(t) (t) ~;::+ OJ " (t) -. a. --t\ a. o 0 0 -. -C:J too- «It :J"""~C'" -. (t) 0 o ,...,.-< :J ~,...,. (t) ï1 -c :J" OJ OJ -. < ~ - 0 (t)(t)(t),...,. -< ,...,.:J OJ C'" :J" 2 à' OJ (t) :J" C -c~OOJ OJ~::En _(t)~,...,. OJ (t) -, ~3~0 ,...,.0 :J -< :J":J .......,...,.0.= :J(t)(t) ..- :J" (t) -. (t)OJU'lO tþ.) ...-Þo (t) a. ~ o.~(t)-n ""'......_-,..."-,...""".;",,.. /6; A ~ -I Ç20n (f) n .......... "'0 . ., r-t" ;;00 ::J "" 'T1 (t) Q) ., a (t) n3 (t) (t) ::J 0 ~ (t) 3 ~ Q) r::r -I :::r r-t" - tT> Q) Q) ï :J: ;;0 Q) OJ o Q) a 0 (t) ::J Q) C < n n ~ -0 3 vi" ~ ,... -0 ::J-< lD Q)8 (t) -0 0 r-t" C I» Q) (t)3: :::r ,- ., Q) e oc2i.""I - n n r-t" -0-1 ::J tT> < ::J ""I N (t) nQ) U"I (II Q) r-t" cr _. ., ., C 0 3 - ::J C (t) n :- U"I (t) n ~ (t)lD -0 (II ~. ,(t) ::::!. =0 DI N ,... (t) Q) ., 0 ::J ::J 0 ::J ~~ :s 0* r-t" I < lD ,... 2i. ~ tÞ C (t) õ' U\ .... -0 (X) ::::I -... (t) n w ~r-t" .. ,,:::r ::r .... m (t) DI U1 0 *A- *A- *A- *A- *A- n 3:2' ""I V1 V1 LV ...¡:,. 0 »::J - LV o..tÞ ¡.....o. LV LV N {II ~S'< , 0'"1 , ,... n 0 0 LV N (t)lD V1 0 0 0 0 cr., tn 0 0 0 0 0 'T1 Q) (t) rot' 0 )III U"I..D 0 m (t)c 3: 0.. -. ""I 3 :Þ *A- on~ *A- *A- *A- *A- t/)'T1 C ro 3 a. * LV N NN o C -03 V1 -oQ)o ...¡:,. LV ' ...¡:,. C ::::I o (t) C 3 " (t) ., , , ...¡:,., ¡.....o. ., ~ N 0 0'"1 o '-oJ ""0. ::J::J 3 .... , -oGrDl .. 0 Q) 0 0 0 00 n -. \0 V1 !:!: " 0 " 0 CO tT> ::::I ., -... 3 0 0 00" m " ::J " \Q (t)., -. ~~m =0 0 3: m -' m ª.3~ C :I c Ç20Q)3: :? 3: ~ 3: ::J ., » » C » ::Jr-t" ::J 3: .P- ' *A- , ., , Q) :::r tÞ :I -. 'T1 U"I Q)*A-*A- N *A- (t) ¡.....o. ~(t) ~ C C -. ¡.....o. ¡.....o. 0 1.0 0..lJ1 Q)~ n ::::I ., -. (t) ~ ",¡:",(X) 0 »' 0 0. 0.. '-oJ U"I ¡.....o. -00 ~ -. (t)' 0 c 0 U"l0 -0" C ::::I » ::J(X)O ::J 0 (t)0 "3 ¡J ::::I U"I Q)°o Grn 0 ~ U"I ::Jo ::J C <0.. -I (t) nnn U"I ::J 0 Q)Q) 0 r-t" (t) - Q) C ::J C li)3 * U"I 3 3 ., ::J .... S" .þ. ,... (t) U"I Q)Q) I» r-t" 0.. C -< ::JlD " ¡¡;- OJ OJ ., o..(t) U) .. » (t) GJ \0 Q) Q) U"I 0.. (t) :::r" 0 -<-< U"I » ::J Q)(t) U) ... 0 (t) <U"I r-t" U"I (t) (t)c U"I U"I ., C ..... (t) Q) r-t" r-t" -. U) r-t" 0::J U"I " crlD tD C ::J (t)~ c: 0.. -00 U) ~ ::::I .,3 -. 0 ::::I nI {II (t)c ~ C U"I., U"I, "" (t) -' n " tT> 0..8 0. 0 n n n n en -... ::J 0 0 :Þ ¡.....o. 0 0 0 0 I» 0 O(t) - ., {II '-oJ 3 3 3 3 ""3 :::!1g (II - -0 -0 -0 -0 tT>"C :I ;+ tT> 0 ::JQ) ,... lJ1 (t) (t) (t) (t) t/)ñ) Q)., {II r-t" r-t" r-t" r-t" .... (t) (t) (t) (t) S' 0'. .,(t) * (t)-< 0\ ,...0 <" ......~ w C ::::I ro' " .. {II ~C W ::J U1 Q)o.. ~ 0 ::J -. ~ ~ ,"-,.....,----..- "<--_...",,,,.,.-,,-,'" ~ ~ cr" 2 ~ tv ~ tv o o Vt N 0 --I ." U1::J ::T tD o --I ([) - o C "'0 ñ· n ([) ([) AI ãJ ~n' = ~ OJ OJ ... o ,<::J ViI ::J ... OJ AI :::0 ~ OJ -< o ~'< :I: OJn~ .. 0. ::T ([) 'I' ........... ....,.::J = 8'" vt w)'" 3~nn ([) 00 0 ""U1~ 0OJ~ :P -n r-t' 'I' Q ~ ~. tD OJö= ~OC" o » ([) ::J. ::T :::030 o. (J) OJOJd: 0.r-t'::J OJ r-t'lO ::J ::T OJ 0. ([) ... ... (J)Z~ ([)OJ([) OJ "'0 ([) to - r-t' OJ([)-< r-t'(J) ([) c: 0 o::J~ ::!.;:1= n <([)OJ ~ 0. ::J . no. ::T-' co. ...,OJ nr-t' ::Trn o ::: -n3 nro ::T([) :!.d: (J)::J ..!"""lO ...... Vt _.~...~---""_. . ~ ~ "" OJ OJ ([) ro ..., ..., C"C" (J)nnn022 ([)::::J"([)::::J"<:OJOJ :2N...,"""<"""]",,,,] _. N '^ .þ. ::J "<: "<: n... 0'" ~....,.oo rn N -n N (J) ....,.... oOno ... N _. ~ 0 ~ N 0 <...., c....' 00 (ñ' I ;:+ I 0 U1 o' n (J) N U1 I ::J OJ .. I OJ ~5. ~ n~ OJë: "'0 ~~ ""OJ . ,^1.../.. o.r-t' ~ 00 C" rn . -n -n '< ..., n n r-t' ([) OJ 0 0 ::Tn OJ CC ([)([) 0 ;:+::J OJ <: Ui (J) ~ O::J r-t'n ~lO 8' 00 0.3 C" 33 Q, ~ ([) OJ. 3. n r-t' 8 C" ~ o < C OJ-' cO ::J =0 ::J@" r-t' 0::J rT(J) ([) Ui~ "<: 0. ... n OJ C" r-t' (J) 0"'0 '< 0r-t' 3 "'0 "'0 0 3 o. n ro (J) ::J 0 == ro _. r-t' C n r-t' (J)([) ::J OJOJ ~. 0. ~ ::J OJ Or-t' OJ= ~~ ~ ~~ (J)::T 0 "'O::J ([) ..., ..., lO "'0 ::J 00. ([) ([) "'0 OJ '< ([)r-t' @ OJ ::¡([) ::J 5. -< OJ OJ '< OJ --I ." O::TtD OJ ([) _ ..., -. o.d: n -'3 AI (J) ([) = OJ-n (J) ãJ m (3'3 AI =ro -< o ~(3' U) (J)..., tD .. :::!) :;æ - -. -. n ::J tD lOW) Q,c r-t' -. ::T< ([) -. w) < -. OJ 0 n = OJ ~æ ([)'tD (J)~ o -. ::J 0 r-t'= ::T ([) "'0 ([) n OJ ::J OJ OJ '< (J) ([) :2. n ([) (J) o <: ~. o ::J /6~4-g . n 0» 30- 3 æ. C ::I ::I -. _.(ft ~q' DI .... ,... ¡n 0 ¡n ... C .... tD ¡n (ft;la ~tD n-cl o 0 ;;~ ~ 0"u s.a CD-' .. ~ -t,..,. È() ~¡;; ì\)3 ðtD 01~ :3 .þ. ;¡: o 2. Õ .§. QO /0L 48 f:3 ~: ¡g ¡g¡ ~; ~ ~ ~ ~ ~ ~ ~ ~ ~ 00 ~ en ~' ~ ~ ~ ~ 0 to CD '-J en CJ1¡ .þ.- úJ J\) ....a.~ Õ I\) :þ:þ08 :J :J < c.n ê ê CD » ~ ~ ~.:::::J ::D ::D ~ :::::J CD CD C -c-c?;'et g,g,~š:: -a-a~1» <D <D ¡¡ï:::::J CI> -c 0 I» CD Q) -cc a. ¡¡; Q) (1) Q) - = 3 ::!: õ' 0 o :J Q) (1) :J ¡¡ra ::D:rJ .¡g(1) 0"0 ~o CI> ;:¡ (f) ~ -t I» en "'" 1; "U [ c8 õ (D ::;¡ en CD en . "U I» <0 CD "u (f) ~- 3 ~ ~ ¡q -< 3 ~ -< m ~ CD 3 e1. 1; iÐ en Õ ::;¡ CD m ~ CD 3 e1. -t OJ en "'" en . 1-1 U o CD ~ S' CD I\) :Þ:Þo§ :J ::J < ê ê CD » ~ ~ ~.:::::J ::D:D~ª .¡g .¡g :Þ I» o 0 ::J - ~~~š:: -a-a~1» ëi) ëi) iii':::::J CI>-C 01» CD Q) -cc a. ¡¡; Q) (1) ß) - = ::!: õ' 03 o :J Q) (1) :J ¡¡ra ::D:rJ .¡g(1) 0"0 ~o CI> ;:¡ . o 0 !:!t Q) Q) ¡¡r ::D:Þ CD :J -c Q) g,~ iii' :e I» o~ëD Q. 3 ... ~"Q.O õ' CD C :J 0 I» Qog=: ?;' ~ '< Q) õ' -<:"::J ~. Qo r Q~ I\J 0 o ¡¡; gõ ::D-< .¡g ?;' o Q) ~-<:" CI> iii' fII I\) .. êø <II o 8 m o 0 (J) s: :Þ õ· Q) Q) CD Q) CD 0 ¡¡r ¡¡r ~ ~ ¡¡¡. ceo ~?;'~a::¡jg -cQ)CI>(j¡¡S- g,~Ç,'-aõŠ:: CI> Q) ¡¡)IC 0 CI> :J ¡¡; :::::J en - "C -. CJ3!:::TÔ ~ 2. :I. (J) (J) :::::J c: c: CC < < ~~ ~ ~ 8 o 0 Q) Q) Øj s" ::D:Þ CD :J -c Q) g,~ iii' ~ o ê.> g: 8 ~"I'~ O-la."'" Q) ë: 0... ~ ¡¡r CD .~ o G> IE! i o Q) I» =c:"O ~ ~ 2: õ' 0 (') g':J!:!tš:: !l ::5 Q) 0 -. 0 (') :::::J gcn2.;::¡: CI> l ~ g. g,::scS ::D(J)(J) CD CD c: Q. Q) < c: IC CD OQ)-< CD ¡¡) 0 00"" Q) c: 0 ¡¡r<~ CD ~ CI> 3:!'i 1m: [wIR ¡;¡:¡~ , 1m, I ' Iwl;ë: t ;~ I;¡:I~ i 1m' Wl~ ;¡:~ m wlfu' I ,::J !~1g m w~ C' ;¡:,ó 01 m w';¡: ~ j;¡:,g m 'Wi~ '~ ;¡:,g m w';¡: 'I» , ,"'< ¡~!g .m wi: , ::;¡ ,i;¡:.Ó , .01 1m irolÉ" I Ó 1;¡:101 1m I !m¡~ 1:<0 ;¡:ig ,m: , ,Wig> l- ;u I;¡:¡g 1m ¡w ~ Ó ~;¡:01 w' ~¡m 8lwi~ ,< ;¡:¡g m w~ C) ;¡:Ig m' /62 2' QO"u 3" .Q. ¡;; :¡;: ~ ¡;; ~: 0' <D CD -..I 0>1 c.n .þ. W I\) ~õ "Q~ W 0" (§(") r S' S' -I. 3ii> Ii lie: (1)3 %en (") en "u :D ~ (") ~, » (") (") en ::L" ::r 0 ()~ 0 õ: () ~ D> :T .. () :T o õ: S! ~ ;:) c. 3 i :5" D> 0 c- D> ~Q,:l3 () S' e: ¡¡; ;:) ~ ;:) 8 2 - ã :I ;:) ::r ;:) ~ rß i (1) <0 ¡¡¡- 0 ;:) () I» (1) !4 0 C D> - :I "u - - "u - .þ. () -< is: i (") õ' e: ~. ;:) ii> ~ g º ~ ;:) D> :D lit @ () ;:) 0 ;:) ::r ~ ;:) ~ () I» (1) I: c: .. S' 0 õ' () õ' ;:) g' ;:) :I ;:) @ Q I» "u .. g :T ~ f£ D> en ~ ã.' - % () go .. ~ = " m en!? j!; "u ~~ iD ¿ .. õ ¡¡¡ 1m ;:) .. () .. , ¡en á= < !~ ~ . 1m , ¡en 0 , ~ ~ó .þ. m enár ;:) "u en ~!g .Q. e: 3 m ~ 3 "u D> D> en -< ien.~ <0 e: () 3 . .0- ~ 3 i~lg D> -< :m :enl~ L '~ !~ g !m ren¡~ l~iÓ 1 c.n m m 1m ~ ~ 1 (1) (1) ien¡~ 3 3 !!!. !!!. tit . "< ~ ~ ~ i~ig iD () ~ 1 () " õ .. ¡m ;:) is (1) . m ¡( eni» D> Ie: Q, 1<0 S' ~:ó (1) ic.n m en¡~ '" <> ~,ó :c.n m en!? ~g m' E enlá= 1< ~Ig ~ I m: is , eni~ ~ó c.n -.',.,',,-." .- Fiala \/ ..... ... Halas ~_ Henning_ Coyle .. , COLLIER COam¥BeVERNMENT /6I At?A Pelican Bay Services Division 801 Laurel Oak Drive. Suite 605 .Naples. Florida 34108. (239) 597-1749. Fax (239) 597-4502 NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN THAT THE BUDGET SUB-COMMITTEE OF THE PELICAN BAY SERVICES DIVISION BOARD WILL HOLD A PUBLIC MEETING ON WEDNESDA Y, JANUARY 19, 2005 AT 3:00 P.M. AT THE COMMONS. 6251 PELICAN BAY BOULEV ARD, NAPLES, FLORIDA 34108 AGENDA 1. Roll Call 2. Approval of the November 23, 2004 Meeting Minutes 3. Audience Participation 4. Quarterly Review of First Quarter Financial Operations 5. Sub-committee Requests 6. Adjourn SUB-COMMITTEE MEMBERS ARE REQUESTED TO REVIEW THE 1sT QUARTER FINANCIAL STATEMENTS AND NOTE ANY LINE ITEMS THEY FEEL REQUIRE DISCUSSION AND/OR REVIEW BY OPERATING MANAGEMENT All interested parties are invited to attend, to speak and to submit their objections, if any, in writing, to the board/committee prior to the meeting if applicable. Any person who decides to appeal a decision of the Board or quasi- judicial board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Pelican Bay Services Division Office at 597-1749. L, dJ?_~tº~_ :Jlçœ')I~ :¡: /~~ t18A MINUTES BUDGET SUB-COMMITTEE JANUARY 19,2005 Naples, Florida LET IT BE KNOWN, that the Budget Sub-committee of the Pelican Bay Services Division Board met in Regular Session on this date, January 19, 2005 at 3:00 P.M. at The Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: Mr. Christopher Sutphin, Chairman Mr. John laizzo Mr. David Nordhoff Mr. Edward Staros (Absent) ALSO PRESENT: One (1) Pelican Bay resident; four (4) members of the Pelican Bay Services Division Board; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division; Mr. James P. Ward, Division Administrator, Pelican Bay Services Division and Mrs.- Barbara Smith" Recording Secretary. AGENDA 1 . Roll Call 2. Approval of the November 23, 2004 Meeting Minutes 3. Audience Participation 4. Quarterly Review of First Quarter Financial Operations 5. Sub-committee Requests 6. Adjourn ROLL CALL Mr. Sutphin called the meeting to order and asked that the record show Mr. Ed Staros with an excused absence. APPROV AL OF MINUTES OF THE NOVEMBER 23. 2004 MEETING Mr. Nordhoff moved, seconded by Mr. Isizzo and approved unanimously, the Minutes of the November 23, 2004 Meeting. AUDIENCE PARTICIPATION There were no audience comments. QUARTERLY REVIEW OF FIRST QUARTER FINANCIAL OPERATIONS Mr. Sutphin stated, "There has been a lot of confusion about how much we under spent the budget in Fiscal Year 2004". Ms. Jean Smith has put together a reconciliation of Operating Funds and what the impact of under spending would have had on the assessment for this year, had we known about it at the time we approved the budget". I then asked Mr. Lukasz to take a look at the first three months spending, from a Board Member's perspective. to see what numbers 323 162 484 Budget Sub-committee January 19, 2005 would beg questions because they might appear to be out of line. I asked the Budget Sub- committee to please review the First Quarter Financials with the same objective in mind and I don't know if they are going to have any line items that they would like to get into, but I do not. Mr. Nordhoff and Mr. laizzo stated that they do not. Mr. Sutphin stated, "My last item is a brief discussion about what I would like to accomplish a month now, because it is time to get into Step II of our annual planning exercise, which deals with Capital Programs". My slide basically shows that there is a positive variance in terms of spending and:' therefåre, Operating Cash Balances at the end of Fiscal Year 2004 are something slightly over $200,000. Had we known that, using the same formula that was used to determine the assessment level in terms of how much operating cash we wanted in the bank at the start of the Fiscal Year, we could have had an assessment that was $23.73 less per Equivalent Residential Unit (ERU). There would have been a slight reduction in the ad valorem millage tax, which would have averaged approximately $3.00 per unit. For the average Pelican Bay property owner, they could have received a total tax bill approximately $27.00 less than what they actually received. All of this information will be presented at the next regular Board Meeting. Mr. Sutphin continued, "\ think it illustrates, even though the nest is not huge, that forecasting is important in determining and setting the assessment levels for the coming year". Operating Management has come up with a couple of things that they will do in an attempt to do better forecasting, so that when we set an assessment level for Fiscal Year 2006, it will more accurately reflect what our Year End Cash Balances will be. Mr. Ward, do you concur with this? Mr. Ward replied, "Yes, I do". Mr. Sutphin stated, "Mr. Lukasz, since you wrote this, you might want to go through it". These are items that would appear to be out of line if you are looking at the financial statements. Mr. Lukasz replied, "The items are self explanatory, but each of the lines that are a certain percentage off may raise a question". The first item is Postage and Freight. This item is off because the postage for the Assessment Notices was not paid until October and should have 324 /6~ A-?Â Budget Sub-committee January 19,2005 been incurred in August as part of the Fiscal Year 2004 expenditures. Due to that expenditure, 97% of the Postage and Freight Funds have already been spent. Mr. Lukasz continued, "Again, rent for September was posted this Fiscal Year and results in an increase of 8% for Fiscal Year 2005". Trash is actually running a little higher than what had been budgeted, most of which is due to hurricane debris removal. It is not debris that would have been eligible for FEMA, but additional pruning that has been done to shape the trees after the storms, FEMA does not cover pruning for aesthetic purposes. Some of those additional charges - could be charged against the Uninsured Asset Operating Fund, but to date it has been charged against regular operations. Mr. Lukasz continued, "One hundred percent of the funds for insurance have been expended and that is because the County collects those funds at the beginning of the Fiscal Year", Mr. Nordhoff asked, 'With the first two posting problems, historically, wouldn't we know that things don't get posted until later and isn't that just putting money in the wrong month"? Mr. Lukasz replied, "No", The posting was delayed at the County and really should have been posted during the last Fiscal Year and has been in the past. Otherwise, it would catch itself up. Mr. Sutphin stated, "In the County system, nothing gets accrued". There is no such thing as an accrued liability. It is all cash. Mr. Lukasz stated, "That is not something that happens every year". Mr. Nordhoff asked, "Could we have anticipated that and moved the money into the right month"? Mr. Sutphin stated, "If you look at the financial statement, you would say that we are way over budget, but the only actual spending over budget is for trash removal". Mr, Domenie stated, 'We paid the September rent, but when next year comes along, the September rent is going to get moved into the following year, so we are still only going to be paying twelve months rent". 325 '_U·._.~.." ~"~'-'--" --->---- IbJ- Æ84 Budget Sub-committee January 19,2005 Mr. Sutphin replied, "No, we are probably going to be paying thirteen months rent this year". Mr. Connell asked, "Is the County able to journal something back to where it belongs if it gets posted into the wrong year"? Mr. Sutphin replied, "No". It is strictly a cash accounting system. There are no accruals and you can't run a balance sheet and see accrued liabilities. Mr. Ward stated, "They have the legal authority to do it, but because the organization is . ... so large, the Clerk's office usually makes the decision on those accruals". Generally, what you find in larger governments is that they will post some amount on the balance sheet as accrued liabilities at year-end without getting into the detail. For audit purposes it becomes what we call "not material", to look at it on a line-by-line basis and as a result of that they pass right though any audit adjustments. In our minds it looks like a cash system, but you end up with these little glitches, on a fund-by-fund basis, as a result of that method of accounting at that larger level. Mr. Sutphin stated, "These items are relatively small and they are not going to impact the budget to any meaningful degree, but at this point in time they would appear as a significant percentage of over spending and that is why they have been highlighted". Mr. Ward replied, "Exactly". Mr. Lukasz stated, "It was the same for electricity". The request for payment was sent down, but it was not posted for payment until October. Mr. Lukasz continued, "I tried to use an example of what the "Hard Spots" would be". Contractual Services for Clam Bay was reported at last month's meeting. That was a result of the bid for Phase I of the interior channels coming in less than what was anticipated and budgeted. We decided to go in and start Phase II, which was not originally scheduled until Fiscal Year 2006. There is a note in Capital Improvements as far as the rerouting of the driveway at the maintenance facility. If one-third of the funds are available from the Wastewater Department, those funds would be available in the Maintenance Facility Improvements that were included in J26 / t;:, :z 14- l? A Budget Sub-committee January 19, 2005 the Operating Capital Budget. There is $50,000 budgeted for maintenance facility improvements, Mr. Domenie asked, "Did The Club at Pelican Bay agree to pay for 50% of the paving of Watergate Way"? Mr. Lukasz stated, "It was going to be one-third Pelican Bay Services, one-third The Club at Pelican Bay and one-third from the Wastewater Department". If the Wastewater Department does not contribute one-third, the motion was to proceed with the overlay of Watergate Way and . ' . our splitting the cost, 50/50, with The Club at Pelican Bay. There has been no determination made as to whether the Wastewater Department is going to share in the cost of the roadway relocation. Mr. Sutphin stated, "I propose to have this distributed to the full Board in advance of the February Meeting and encourage our Board Members to review the three month financial statement and bring up any questions they may have at that meeting", I don't see anything out of line in the budget that really warrants a detailed discussion, I personally like the technique of having Operating Management look at the budget and try to anticipate questions, I would recommend that we make this a part of the quarterly review format and let management call our attention to what they feel should be discussed, Staff is in a better position to stop things that are trending in the wrong direction. since they are involved with it on a day-to-day basis, Mr. Spanier stated, "Looking at this raises questions", I look at the "Soft Spots" such as electricity and I can see the reasons for it. The question rides in my mind of what would happen if we modified the hours of illumination of our street lighting system by one hour? I don't even know what the schedule is. Mr. Ward replied, "The street lights are not on a metered system", Mr. Spanier asked. "Are they not a part of this electricity item"? Mr. Ward replied. "They are part of the item, however, that is just a billing issue", The issue that you raised is how Florida Power & Light bills for it. It is not a metered system and we are billed based upon the kind of light and the number of lights. It is a fixed fee each month and it 327 IbI A-~A Budget Sub-committee January 19,2005 doesn't matter if the lights are on one hour or twenty-four hours; we get the same bill every month for the streetlights. Mr. Spanier asked, "Is that something that is negotiable"? Mr. Ward replied, "In the many years I have been doing this, no one has ever asked me that question". In most instances you will find that it is better to have it on this kind of a system versus a metered system because the rates are less. In the overall rate structure for Florida Power & Light, when you look at a metered light versus non-metered fixed light, the rates are slightly less. Mr. Sutphin stated, "\ would assume that the entire County is on this deal". Mr. Ward replied, "I don't know that for sure". Mr. Sutphin stated, "If they are, for us to do something different is probably not feasible". If they are not, then we could look at it. Mr. Ward replied, 'We did this in Pelican Bay during 1980 because it made a ton of sense to do it this way". Our fixtures are not standard Florida Power & Light fixtures; they are a specialty lighting system. It was significantly less expensive from a capital perspective for installation and less expensive to deal with it on a year-to-year ongoing maintenance basis. It just worked out better for everybody. Mr. Sutphin stated, "It might be something that is better left alone". Mr. Ward replied, '" am not sure I would open that door". Mr. laizzo stated. "It reminds me of Sprint where you can pay a flat fee and make all the phone calls you want with no particular charge". If you go outside of their area you get charged for it. Mr. Ward replied, "Right". It is not a negotiated schedule; it is an approved schedule from the Public Service Commission. which approves all of Florida Power & Light rates. Mr. Sutphin asked, "Mr. Ward, has our rate gone up since 1980, or since it was negotiated"? 328 /C:,:¡.. A 8-A Budget Sub-committee January 19, 2005 Mr. Ward replied, "It does change on a yearly basis, but primarily changes as a result of fuel increases that Florida Power & Light experiences". I believe there are four components of their rate structure, two of which change. One of components happens to be the fuel related costs and sometimes they go up and other times they go down. They get changed semi- annually. I calculate an increase in your budget each year and sometimes it comes to fruition and other times it just doesn't. Mr. laizzo stated, "Florida Power & Light is looking for a rate increase as a result of the - recent hurricanes and repairs that they had to incur". Is this increase going to affect our electric bill? Mr. Ward replied, "Possibly". It is also important to remember that within the constraints of Florida Power & light there are probably a couple of dozen different rate structures. This is not one of the rate structures that is used throughout the State. It is one of the minor rate structures in the system, A majority of their customers are on metered demand service, not an un-metered fixed service like we are. I think it gets less attention within Florida Power & Light than other structures do. Mr. Sutphin stated, "My gut tells me we are getting a very good deal". Mr. Ward replied, "From the rates I see, it is actually a very good rate and is not overly expensive for the kind of services that are provided, for the number of lights that we have on our system". Mr. Domenie asked, "Mr. Ward, are you saying that if we have the lights on from 4:00 P.M. to 10:00 A.M. it doesn't matter"? Who turns the lights on and off? Mr. Ward replied, "It doesn't matter how long the lights are on". The lights are all on sensors and are not turned on and off, Mr. Spanier stated, "In the "Hard Spots" area, 1 see that we saved approximately $100,000 in channel work". Was that savings because of better technological means? Next time around, how do we look to replicate the lower cost? 329 --.- ..~- ~_..".~~~,,- I~ -:¡. A rp;A Budget Sub-committee January 19,2005 Mr. Ward replied, "In this specific instance, I don't think you do". I have seen this same project, in different years, come in at the numbers we had in the budget. I have seen this same project, in different years, come in double the budget. At times, these vendors are very hungry and want to keep their crews working and in order to do so will offer a great price, or they just missed what the job really is and underbid it for some reason. I have seen times where the contractors are very busy, don't need the work, can't find the people to do it and really pump up their prices. At that point, if they get their price they are "happy campers" and if they don't, they . .... . could care less. This is one of the times when you do the job and next year we will budget something similar to what we did this year. If we do it again, you never know, it could come in double what we budget. It is a very labor-intensive project and you never know where the vendors are going to come from on prices. Mr, Domenie stated, "We were going to do Phase I this year and Phase II next year". We have budgeted $150,000 for this year. Phase I was going to be $58,000. When you say $100,000 savings that is basically over Phase I and anticipated expenditures of Phase II. They are not doing both Phase I and 11 for $50,000. Mr. Ward replied, "They are doing both Phase I and II for something under $150,000". Mr. Domenie asked, "Where does the savings this year come in, since we budgeted $150,000 and we are going to spend a little less than $150,000 to do both phases this year"? This year we are not saving $100,000, but we are saving $100,000 on the overall project. Mr. Lukasz replied. "For both phases, Turrell and Associates estimated that to be $250,000". We are doing it all for $150,000, so it would be a $100,000 savings. Mr. Sutphin stated, "I added the next two slides after the agenda was sent out and this is an assignment for Mr. Ward and his staff for our February Meeting". In March we should be presenting the Board with our recommendations for Capital Programs for Fiscal Year 2006. Again. I think we need a clear picture of where we think we are going to be at year-end, in terms of the Capital Programs in this year's budget. That would include this whole issue of the channel cuts. What did we plan for a year ago for Fiscal Year 2006 and how do we want to modify that? I 330 16:t lirA Budget Sub-committee January 19, 2005 would like to suggest that the Clam Bay Sub-committee, at its' next meeting, provide a specific recommendation on what they want to see in next year's budget regarding beach renourishment. That project has changed now, in that there is a mitigation issue to contend with. The Board has imposed certain restrictions on how far we are willing to go in participating in mitigation. From the Budget Sub-committee's standpoint, I would like a recommendation as to what you want to see included in next year's budget for beach restoration. I don't propose to discuss that now, but a month from today, I think we ought to know. Mr. laizzo stated, "I thought those numbers were established". Mr. Ward replied, "The numbers are fluid". Mr. Sutphin replied, "There has been no number approved for beach restoration". Mr. laizzo stated, "We had set a number for beach restoration". Mr. Ward replied, "No". Mr. laizzo stated, 'We used that money for irrigation". Mr. Ward replied, "Yes, so the Clam Bay Sub-committee would have to recommend a certain amount of money for beach renourishment for next year". Mr. Sutphin stated, "The Board also made the motion that we would limit our spending and would not participate in mitigation". Mr. Domenie replied, "That is correct". Mr. Ward replied, "I recall it somewhat differently than that". My recollection was that we limit the funding to $700,000, but we didn't say that we were not paying for mitigation. The message that we gave to the County was essentially that we would be willing to fund up to $700,000 related to this program. I personally did not care if it was for beach renourishment or mitigation, but $700,000 was our cap. Mr. Sutphin stated, "The reason to bring this up is that it is that time of the year and we have had an update from the County of where the Beach Restoration Project stands". I think we should start with a clean sheet of paper for next year's budget. Mr. Burke, please have your Clam Bay Sub-committee come back to us with a recommendation on what they would like to see 331 /6::r Ae-,tJ Budget Sub-committee January 19, 2005 included in the budget. It will be presented to the full Board to proceed as they so choose. With the acceleration of the channel cuts and what is going on with the irrigation systems, it is probably time to start with a clean sheet of paper and come up with what you feel we ought to be thinking about for Fiscal Year 2006 Mr. Ward replied, "Yes, I agree". Mr. Sutphin stated, "Let's plan on doing that one month from now". It will be presented at the next meeting of the Budget Sub-committee with an eye of presenting it to the Board in March, which would fit right in with the planning timetable for Fiscal Year 2006. Mr. Sutphin continued, "The next item is something that I have been thinking about and I think the Board ought to have a chance to discuss". First of all, I think we ought to know where we stand with the Reserves and your best estimate of how much of that shortfall is going to be recovered from FEMA and when, if ever. Mr. Ward replied, "The number I can give you, but the timing is difficult". Mr. Sutphin stated, "I don't have a position on the subject at this point, but I think we ought to find out if it would be possible". If possible, would it be practical to not have that cash in the bank, but simply have a checkbook that should we have a hurricane, we can go to the bank and get money to take care of it? We could deal with it via future assessments, rather than keeping the property owner's funds locked up in the bank. Mr. laizzo stated, "It would be an equity line of credit". We should have the money available and when we need to spend it, just spend it. Mr. Sutphin replied, "Exactly, but I do not want to bring it to the Board until we know if it is legally doable and, if so, with what kind of constraints". If it is legal, do we think the Board of County Commissioners would approve it? Mr. Ward replied, "Do you want to know the answer-to both of those questions"? Mr. Sutphin replied, "Sure". Mr. Ward replied, "To the first question, the answer is yes". It is legally doable and governments do it every day. The primary constraint from a business perspective is the form of 332 /b:t-A-'6-A Budget Sub-committee January 19,2005 credit you have to give to the bank in order to secure the line, That is what we call a Full Faith in Credit Pledge, which means that you pledge the taxing power of the full governmental entity in order to repay the credit You would never be able to do that within the constraints of Collier County, The Board of County Commissioners would never agree to that The other form of credit is that we would levy a sufficient special assessment on a going forward basis in order to repay the Letter of Credit (LOC) to the extent that we used it, for whatever reason. Mr. Sutphin stated, "That is probably how we would do it", . - -' Mr. Ward replied, "Yes, that is how we would do it". The very sticky legal question that comes about is; would the County Attorney's Office or the Clerk of Court's Office ever give the necessary opinions that would allow us to do that? I have found that in larger governments, the answer is that they probably would not The reason they don't want to do that is that the legislative body has the ability regularly, on an annual basis, to determine and levy a special assessment If the bank required, up front, that you have mandated the levy of a special assessment in order to repay an LOC at some future point in time, some lawyers will tell you that you don't have the authority to do that. I don't agree with that opinion, I think it is blatantly wrong. You will find in larger governments that they will not do that I can't foresee what the County Attorney or Mr. Brock would say in that instance, but it is a pretty big legal hurdle to get over, The other issue is, politically, would the County Commission ever want to do something like this? I don't have a clue what they would want to do, I am suspect that they would probably not want to do it, but my gut feeling is that with some political pressure they would do it, but maybe not in our current environment Mr. Sutphin stated, "I wanted to bring this up at a Sub-committee Meeting before it was ever discussed at the Board level because, if it is a Don Quixote exercise, let's not waste anyone's time trying to get it done, If you were running your own business you would probably do it this way. ..' 333 ...-..-,..- -,' ~'"-- <-'"'''~ --_.,-,"'- /h2 II 8'A Budget Sub-committee January 19, 2005 Mr. Ward stated, "In some of my Independent Districts I do them all the time". When you are in these larger governments, it exacerbates the difficulty level dramatically and geometrically, as people just don't know how to do these things. Mr. Domenie asked, "Can we consider just reducing the reserves that we have"? For example bring the Reserves down to $250,000 and if we run over that we would be forced to borrow one way or the other. Mr. Sutphin replied, "There is just under $500,000 in that account right now". Mr. Lukasz stated, "There was $413,000 transferred into the Operating Account". Mr. Sutphin asked, "If the money had not been there, what would have happened"? Mr. Ward replied, "All of that debris would have sat on the roadways because we would not have had the ability to pay for the removal". Mr. Sutphin replied, "That is why we can't take it down to $250,000". Mr. Domenie stated, "I was just looking for an explanation to the residents of Pelican Bay, of why we have $1,000,000 in reserves". If the affect of a small hurricane on us accounted for that much, what would the country do in the event of a major hurricane? Would they just not pick up debris? Mr. Ward replied, "The County will prioritize what they will do". They probably have sufficient cash funds to do what we would do with our $1,000,000, but on a larger level for the overall County system. Beyond that, local governments rely on the State government for assistance with respect to helping out in that regard. Mr. Domenie asked, "Let's say that we have a budget approved and we have started our Fiscal Year on October 1, with $1,000,000 in Reserves and we get hit with a full scale hurricane on October 4th and it costs $1,500,000". How would that work? Mr. Ward replied, "You would run up $1,000,000 worth of bills and you would pay them". Like you currently see going on in this State, if the government does not have the money. it sits there. You can drive up and down the roads where these hurricanes hit and still see damage to public infrastructure, where the government doesn't have the ability to pay. 334 /6:Z AgA Budget Sub-committee January 19,2005 Mr. Sutphin stated, "One other reason that got me to thinking about this is because we did dip into that reserve for just under $500,000 for relatively minor damage, the Reserve is not big enough to handle major damage to the community". I don't think we want to impose the assessment burden on the residents to bring that up to $3,000,000-$5,000,000. If we were willing to fight the fight and go the other way and seek borrowing approval, that line of credit could be $3,000,000-$5,000,000 and if we would get hit with a bad storm, it gets paid for by our special assessments over a two to four year period. To ask the community for that kind of money would . ~.. be a very hard sell. Mr. Ward, if you could simply prepare a summary of what might be involved, I would like to at least present it to the Board in February, to see if they would be of a mind to pursue it and allow the Board to make that decision. Mr. laizzo stated, "I think that is the correct way of doing it, but I can tell you right now I would not support that motion". Mr. Sutphin asked, "You would like to fund it up front"? Mr. laizzo replied, "Stay the way we are right now and keep the Reserves up". Mr. Sutphin asked, "Up to what"? Mr. laizzo replied, "Whatever we are comfortable with, $1,000,000". Mr. Sutphin replied, "That is fine". The minimal damage that we incurred took almost $500,000 out of our Reserve. Mr. Burke asked, 'What did that $500,000 cover"? Mr. laizzo asked, "Maybe we should get a summary of exactly how that money was spent" . Mr. Ward replied, "That is in your Board package every month". Mr. Burke asked, 'Was that $500,000 what we did to clean up the mangroves and berm"? Mr. Ward replied, "It was all of the clean up required after the various hurricanes". Mr. Domenie stated, "I remember the figure being $180,000". Mr. Lukasz replied, "The figure did not go up as high". We eventually transferred the $413,000, but we have not used it all. 335 /~:¡:. II ~A Budget Sub-committee January 19,2005 Mr. Ward stated, "There is a summary of those costs in your Board package every month". I will make a point of going through that with you at your next meeting. Mr. Burke asked, 'When Mr. Mudd was here and he was talking about how quickly the County got in and cleaned up North Naples, he wasn't talking about Pelican Bay was he? Mr. Ward replied, "Yes". That is above and beyond what we spent. Although, I really think that was mostly Mr. Lukasz's crew. Mr. Lukasz stated, "The hurricane hit on Friday and we started cleaning up on Saturday". , - On Sunday the County did have some of the contracted people who were hauling debris in here picking up. I do think that was because there was so much ready for pick up. Mr. Ward replied, "Because Mr. Lukasz's crews got in here first". COMMITTEE REQUESTS ELECTION PROCESS Mr. Ward stated, 'While I have most of the Board captive, I have a question for you". was talking to Mr. Jay Cross, from the Clerk's office, before I came in today and he is getting ready to work on the mail ballots for your upcoming election. Last time this balloting was done, the ballots were mailed out and you then had to put a stamp on the envelope in order to return it to his office. Mr. Cross said that the biggest complaint the Clerk's office got, was that there was no postage on the envelope for people to mail the ballots back and as a result he said that many people told him that they did not return their ballots. It is an $8,000 issue that the Clerk cannot pay for and legally does not have the necessary funds to pay for. He did not call to ask me if we would, but he called me to ask if there were places that we could put ballot boxes in Pelican Bay, where people could drop off their ballots. For whatever it is worth, if you look at our property owner rolls, many addresses are not local, so I am not so sure how that ballot box is going to work. Mr. laizzo stated, "It is a very good suggestion and we could do it right at The Commons". Mr. Domenie stated, "If so many people are not in town, they will have difficulty coming from Minnesota to drop off a ballot". Mr. laizzo asked, 'When do the ballots go out"? 336 /b+- A f!A Budget Sub-committee January 19, 2005 Mr. Ward replied, "Let me finish". I told Mr. Cross that I was going into a Budget Sub- committee Meeting and I would like to find out if you have the desire to kick in the money, out of our funds, to fund placing stamps on the return envelopes for the ballots? Mr. Domenie asked, "How do you get to $8,000 if we have 14,000 residents"? Mr. laizzo stated, 'We have 7,000 units". Mr. Ward replied, "It would be 7,000 times $.37", The $8,000 was Mr. Cross's number, not mine. I didn't run the numbers because I was literally walking in the door while I was talking . - -- to him. Mr. laizzo stated. "It would be a maximum of approximately $3,500", Mr, Nordhoff stated. "I find it hard to believe that people will not put a stamp on a document to exercise their right to vote". I don't understand why somebody else should pay for it. Mr. Domenie stated, "In the federal election, voters have to put their own stamp on the Absentee Ballots". Mr. Burke asked, "If they won't mail it, why would they drive to The Commons to put it in a ballot box"? Mr. laizzo stated, "They happen to go to The Commons quite frequently". Mr, Nordhoff replied, "I doubt that, except for the tennis player". Mr. Sutphin stated, "The cynical side of me says that if they don't want to spend $.37, they don't care enough about the community". Mr. Nordhoff stated, "I see no reason to spoil them by providing a stamp". Mr. Burke asked, "How many residents actually returned ballots the last time around"? Mr. Ward replied, "It was a very low percentage", Mr. laizzo replied, "Somewhere around 1,000-1,200", Mr. Sutphin stated, "As I recall. it was somewhere between 10%-15%". Mr. Spanier asked, 'Will we haveaforum where the candidates will appear"? Mr. Sutphin replied. "I believe either the Foundation or the Pelican Bay Property Owners hosted a "Meet the Candidate" session". 337 __"'"_N .--- /6 ":l- 4ð'A Budget Sub-committee January 19, 2005 Mr. Nordhoff stated, "The Men's Coffee hosted a session also, but I don't remember the Foundation doing anything". There were four candidates applying for three spots at that time. Mr. Burke stated, "It comes down to who has the biggest war chest". Mr. Spanier stated, "It seems to me that one of the things we should be thinking about is the way people are going to view this Board". The balance of Mr. Spanier's comments could not be heard on the tape. Mr. Spanier stated "I think this is a time where we ought to put our energy behind the . . - ... voting". I may see it differently than many of you, but to me it is important to the residents. People do not really understand who we are and how this Board fits into the picture. If this is when we are trying to get new members to the Board, this is the time we ought to prepare a drumbeat. Mr. Carroll replied, "I don't know what constraints we have on the campaign". It does not feel right to me to campaign. Mr. Nordhoff stated, "Campaigning makes it appear as if we are trying to set our own Board", The candidates are on their own to campaign as they choose. The rest of us have to accept whomever the populace elects. Mr. Spanier stated, "The Foundation has a committee that screens people and eliminates the people that they don't want to run for office". They have a whole structure there and promote the notion that they are a governing body. Mr. Nordhoff replied, "We can't screen people and select our choice". We are open to the population to run for a vacant position on the Board. Mr. Carroll stated, "If we start projecting what an MSTBU really is, maybe people will better understand what we do, even though it is not a campaign device". I feel that it is important for people to understand what a Taxing and Benefit Unit does for them. A Taxing and Benefit Unit benefits them and is an asset. I would rather spend our stamp money on sending out that information. 338 16zl48-A Budget Sub-committee January 19, 2005 Mr. Domenie stated, "I am sure the Pelican Bay Post is going to provide a background on each candidate". Mr. Sutphin replied, "I don't think they are going to have it for February because the information is not out yet and the deadline has passed for the early February issue". 1 sent the Pelican Bay Post the article that I had written for the Pelican Bay Advisor on 'What is an MSTBU" and I believe that will run in the February issue. I had originally suggested that we hold some Town Hall Meetings to describe what an MSTBU is. Based on historical experience, going back . .... . . to the Ordinance Review, we had special meetings to inform the public about the Ordinance. which was the result of a very heated controversy in the community. The best attendance we got at one of those meetings was fifteen people. Mr. Ward has suggested that the best way to get across this education on "What is an MSTBU" is to take the show on the road. That would mean having one person, hopefully more than one individual, go individually to groups by invitation and make a presentation. Mr. Ward has offered the services of his organization to put together a professional presentation to do that. Mr. Carroll stated, "You may be mixing up when and how you do this". I think you were thinking about doing this presentation to project it in the context of annexation. Now we are linking it, trying to get more people to vote in the election. Mr. Sutphin replied, "\ was not trying to tie the two together". I could care less about the election. Mr. Spanier asked, 'What is the time line on the election"? Mr. Sutphin replied, "It is twenty-eight days from when the ballots get mailed". Mr. Spanier replied, "Which is when"? Mr. Sutphin replied, 'Whenever they get around to it". Mr. Carroll stated, "January 10 was when the applIcations were due". I think there is another thirty days before you initiate the next twenty-eight days. Mr. Ward stated, "The Board of County Commissioner's will set the election date at their January 25th meeting". It has to be at least twenty-eight days in advance of the balloting date, so 339 /b~ A B A Budget Sub-committee January 19, 2005 it will probably be March when the election date is set and the ballots will go out sometime in late January or early February. Mr. laizzo stated, "I can call the County if you want the dates ", Mrs. Smith stated, "There are no dates". Mr. Brock cannot send out the ballots until the Board of County Commissioners has set the balloting date. Once the date is set, Mr. Brock will send out the ballots based on their return within twenty-eight days to coincide with the balloting date. Mr. Domenie asked, "Is the balloting date the closing date of the counting"? Mrs. Smith replied, "The balloting date is the date that the County Attorney and the Clerk of Courts will count the ballots". Mr. Spanier stated, "It does not do much to communicate once the names are on the ballot" . Mr. Sutphin stated, "I don't think this Board should campaign for or against any individual", Mr. Spanier asked, 'What about promoting the caliber of the applicant we would like to see on the Board"? Mr. Sutphin replied, "It is a little late, the nominations have already been cut off". Mr. laizzo stated, "Possibly we could get a feedback from Mr. Connell of whether the Pelican Bay Property Owners would sponsor a "Meet Your Candidate" forum for the Pelican Bay Services Division". Mr. Connell, would you ask your Board if they would conduct something of that nature? The candidates could be questioned as to how they feel the community is being supported. Mr. Connell asked, "How many candidates are there"? Mr. Carroll replied, "There were a total of nine candidates". One candidate is for the Commercial Seat. Mr. Trecker has withdrawn his name, so there are seven people running for four Residential Seats. 340 I~::LA~A Budget Sub-committee January 19,2005 Mr. Connell stated, "You would have to invite three or four candidates at a time. you do not have time to have one speaker each week". Mr. Nordhoff stated, "Four years ago at the Men's Coffee, Mr. Turner asked the four candidates three questions". Each candidate had ten minutes to answer the three questions. You could do something like that at one meeting and not stretch it out. Mr. Domenie stated, "That would be fine if you had all non-members of this Board as candidates". Would there be any problem with the Sunshine Law if you get two existing Board . - .' Members at a meeting like that? Mr. Ward replied, "Not as long as it is advertised". Mr. laizzo stated, 'What is good about a meeting like that is that the publicity for the Pelican Bay Services Division will get out to the community", It will get the attention of the community to partake in our meetings, run for the Board and to ask questions. If we can bring it together, I think we will get a good response. Mr. Connell, will you get back to us if the Pelican Bay Property Owners are willing to pick that up? BOARD MEMBERSHIP Mr. Domenie stated, "Both Mr. laizzo and I were members of the Pelican Bay Property Owner's Board and we both resigned when we were appointed to the Pelican Bay Services Division Board". There is nothing in any regulations that says that you cannot be a member of the Pelican Bay Property Owner's, as well as a member of this Board, is that right? Mr. laizzo stated, "I thought it was necessary to resign". Mr. Domenie stated, "I resigned because I thought it was a conflict of interest". There is nothing in writing that eliminates anyone from being on both boards. Mr. laizzo replied, "Nothing that I know of". CAP d' ANTIBES Mr. Domenie stated, "I have been .Qut of town, but when I returned, my wife pointed out an article in the Pelican Bay Post where Mr. Ward gets attacked because of his approval of Cap d' Antibes". I had asked the question of Mrs. Smith that when we received those documents to 341 -.. -, /1::, ¡ AU-A Budget Sub-committee January 19, 2005 be approved for water management, did anybody else get copies of those documents? Did the Pelican Bay Property Owner's get a copy of those documents? Mrs. Smith replied, "Ves, anyone who gets our meeting package gets a complete duplicate copy of what our Board receives". Mr. Domenie stated, "If someone is going to write an article. it should emphasize not only that we only approve the water management, but that the two other major organizations within Pelican Bay receive the same documents, at the same time that our Board does, and that nobody - objected to them at that time". My question was, did the Pelican Bay Property Owners and the Foundation receive the plans at the same time that we did? Mrs. Smith replied, "If it was part of an agenda package, they received the complete package, at the same time". Mr. Domenie replied. "It was not in our agenda package, we never had it in our agenda package" . Mrs. Smith asked, 'Why would it not have been included in your package"? Mr. Domenie stated. 'We got word, after the fact, that Mr. Ward had approved the project". Originally, we never received it as part of an agenda package, but later when the issue came up we received a copy. Mrs. Smith replied. "That is the only time anyone would have gotten it". Mr. Domenie stated, "Only we got it ahead of time"? Mrs. Smith replied, "Ves, ''we'' meaning Mr. Ward. for plan review purposes". Mr. Carroll stated, "The plan was not brought to the Board at that time because Mr. Ward did not feel that it was necessary". Mr. Domenie asked, 'When Mr. Ward initially received the package, the Pelican Bay Property Owner's did not receive that information"? Mrs. Smith replied, "Nor did the Pelican Bay Services Division Board". Mr. Burke stated, "If you were an observer at the President's Council meeting on Monday, you would have walked away saying "we won". The lead lawyer made a very good 342 It:. ::c. 14 p A Budget Sub-committee January 19,2005 presentation of the lead case and issues. He started out with seven owners at St. Pierre and St. Laurent who filed a separate lawsuit. He said that if we get a judge to pass on that, this entire case is over. It was a very positive presentation. Mr. Carroll stated, "Except, as I read it, if they win, it then gets appealed". The appeal would take eighteen months. They had a total of five items and it they lose item number one, they then go to number two. If they lose number two, they would appeal that and it would go on and on. He said it was better to lose because you would have a better chance to appeal. . ..... . . . Mr. laizzo asked, "Does this mean that Cap d' Antibes could be taken down"? Mr. Carroll stated, "They were asked if they finally won and four years from now the building was built; then they would have to go in and take it down block by block". Mr. Burke stated, "There is precedent for that". Mr. Domenie stated, "At the baggage claim in the airport, there is a large ad for Cap d' Antibes". Mr. Nordhoff replied, "There are ads everywhere". Mr. Burke stated, "The attorney got into a lot of detail and Mr. Ward and the Pelican Bay Services Division was never brought up; I don't think it is part of what he is working on". Mr. Carroll replied, "The attorney did not bring Mr. Ward's name up, but somebody else did". When the attorney left the meeting, I said to him that the fellow in the meeting said that Mr. Ward approved that plan". Before I said anymore, the attorney has replied that he knew that Mr. Ward had not. Mr. Connell stated, "Mr. Ward's mention in the Pelican Bay Post was part of Mr. Irving Kahn's history of Pelican Bay". He wrote that article a long time ago and the Post is running it as a series. Mr. laizzo asked, ''Was Mr. Kahn the person who ran for the County Commissioner's sear'? Mr. Ward replied, "No, Mr. Kahn is a long time resident of this community, who also sat on this Board". 343 /6.zI/-~A Budget Sub-committee January 19, 2005 ADJOURN There being no further business. the meeting adjourned at 4: 15 P.M. Christopher Sutphin, Chairman 344 /C,;z- ltg-A January 23, 2005 To: Chris Sutphin As you requested, I have outlined a thought or two on how the PBSD might consider an alternative to accumulating reserves to cope with the replacement of Uninsured Assets, Objective: A source of funds available in time of extraordinary damage to landscaping or other Uninsured Assets. This would include clean up and replacement. Subject to the approval of the Board of County Commissioners, the Division would negotia~e a Loan Agreement, with a local Bank; one with which the County is currently doing business, - - Because the PBSD is an arm of Collier County government, a Loan Agreement could be structured with a minimum of Restrictive Covenants. In exchange for draws under the Agreement, the Division would issue Tax Anticipation Notes, in $10K denominations, to the Bank Based upon a reasonable time frame, the Notes would be redeemed in the course of the succeeding tax collection period. For example, draws under the Agreement and corresponding Tax Anticipation Notes issued through the month of August, (perhaps September) would be redeemed via tax bills in the current year. Ifborrowing through the month of September can be repaid in the current year, this would greatly reduce the possibility of having to carry debt through the following fiscal year. Ifit can be assumed that there are approximately 9000 taxable units in Pelican Bay, every $1MM borrowed produces an additional assessment of$111 plus interest. per unit. Before spending any time considering this, I would suggest that Dwight Brock be consulted to determine if PBSD has, or can be given, borrowing authority. As you instructed, I will give this memo to Barbara Smith for inclusion on the agenda next meeting. Coleman Connell - --"- ....".. -...-...-.-...- -~-"-- /~z AR-A- "'C m "'C ;0 U') m t-t -I r- 0 t-t » n c -I » m m Z Z 3: ~ cmm t-t><Z » Z"'C-I -< ~;o U') m Cc'" ;0 mt-t;O < n-lm t-t mc:< n 3:;om m ~mz U') mU')c: C ;0 m t-t w U') < t-t .... » U') ... Z t-t N C 0 0 Z 0 ~ C m n m 3: ØI m ;:a w ..!'"' N Q Q ~ iO ~ " "U Z;:U;:U"U -t -t 0 Z -t!m ;:u (J) m m 0 mï mï -t 0,....,;::0 Zc:ZZ(J) I-~» -t;:u-t-t-tEBEBm;:u;:u::! Z»mOJ"II;:ummZ G}ZDC:;:UmOO(")~~ G) (")C:ï_ZZO m ~m"UoG}mmz8P>< oG}s:zIOOJ;d(J)-" mmG}-t-m»-tmm ~zz(J)c:~m(");:u~~ m-t "U(")"U-tm m OJ~ (J)-t~C:- ~ï (J)i!==~ - (J)C: Z m;:U G) ;:u(J) <m -s: (")m mZ (J)-t NW~oo01U1 OWi\.)WÔ10 000000 000000 , ~ If\.) f\.) IW.þ.:W 0> Ië.o a, ."....J 0000 0000 I I I ->. U1 0 00)..(X) NÔ1 O1U1W NO> OOooo>.þ.O.þ.OOO .W N.01 U1 ~ W f\.) ,"....J IW U1 ->. i\.) CD OOO>N'01.þ.->.oo N U10U1oo.þ.CDNOOO ," _ _ _ m :EïI;:U(J);:U;:U:::U O=ñmmOmmenO .,.,m»-t(")(J)G} ""-ï;:u-mc:Z -t^Z-tm»;:Ur» O~C/)Is:ï<:þ. -tC/)C:zm~m;:Uen »(")~C/)z(")"C/)m 'OZc:-tc:°»:::U ~s:(")~;:u;:u;:UÇS :::u"UmZm~~;:u~ ~(J)~ ~~s:çmen Z :Þ»;:U »~ ;:u-t-< .- (") enO I mZ Z ~ G} ñ m en ,þ. ~ CD 0 .......Nf\.)f\.) COOO COOO COOOOOOO N '~ ..... 10 '"en f\.) N Ii\.) ,. ~~+~ g I , .CD 01....., ....., 01 ->. 01 ~00001 , :::u ~ ~l", ~I¡; ~ ~ ~ S::m Z c: m m OJ,C/) ;:u m < (J)~~menm -t(J)m<-t~ ZmZm~m (")IS: -t :E 0 - Om(J)OJ-t~ S:~"U¡=C:" -t m "U ;:u ï :::u m o ~ZZmz -I ~(")G) C » m-(J) =4 . >< ~ c:, :::u "U ï :::u m m m ~ f~ ~ c: C/) ::.0 m I 00 CD ,þ. W ..... CD ~ ~ .......0, -....101 co 00 COOOO C 0 0'0 0 en 0> CJ'I en ~ W01NÔ1 NO'>Wf\.) CD-....I01.....,O . I ..... ->. N 00 ~ N ~ ~ ~I~ I ....., I ~ .þ. 00 .þ. N 00 ~CJ'I .-....1 O>~ I 0 a, ~ 0> ).. N 0 00 "....J I Ô1 a, i\.) ).. to) <0 N:"'" 01 CD ....., ~ 00'01 ~ 0'> 0 00 ..... , .þ. 00 0 .þ. ..... WW ....., 0 01 0 ....., 0> 00 ->. 0 0 0 eno 00 CD f\.)0 U1 .....W O1W 0 N D'J» c:c cO G)" m-t -tm c m Z o c: 3: D'J ~ Z o m en m ><:::u "m» m<O Zm-t 52zc: -tc:» C:m. :::uen m- en --·-tn » -t~ O"r -IIJ> ~D'J . m /to]:.. A2-A en :E"'~ ~~~ m,,3:" :::Ummm _:::uZ!: ::.o_-to »00» Zc."z »m:::uD'J G)Zm» mc<-< 3:zmen ~G)Zm -tcC::::U 'mm< »0»0 cmZm 3:3:cen -D'Jmc 3!:m><- en:::u"S -twmen ~~..... ~ 0 -tN-Z oge! Z,þ.:::U m en (") I » L~--+ ° »"'tJ ° 0lrm 0 -i C::¡ -i" r.... IO» I"G)m.... m - , -t m O,»;;C m ;;cO 0 O;;Cmr;;x;:< s:»~c)!;dcnE;~ ~ -t c-t,»c<mc o~»~Oz~mo!!! -t_r-<"'tJ-r~om »Zm mZm-;;c>< ,~o ::aG)cncno~ (")-<c ~QoG)zzz »Qo1J -mmG)G)e :2 m s: (i)z 0 Z ,,::¡ -t m c m m c »OZ mO;;c m::a ,C-i ><»» m 01J "'tJ-ir :::¡ cs: mo m-. -tm Zz _ ~z en ;110 -<-i rn ~...... èo CO COO COO co CD ~ ...... WO Wi - ~---- + i I I i ...... I OCD COO...... COOW W ~ CO ...... ...... W,W,N '".Þ. :.... '0'0 ''0 Coooo Coooo m Z (") c s: CD ~ ~ Z CO (") ........ (XI m 0) w en UlowOO ~ CO N 10'> ...... ,0'> COo:....oo --+----------+---~- ~ ~ CO~~WN W:.... 0, '0'0 Uloooo 0)0000 CD» ce cO (i)"'tJ m-t -tm e m ><::a "'tJm» m<(") Zm-t 2zc -tc» cm, ::a en m- en » -t~ 0- )!~ ,CD , m /~.z 4?A en -t :e.,,» »O-t -t::am m"'tJS: ::amm i_::aZ !;1Io_-t '» 0 0 ze." »m::a (i)Zm me< S:-m mZz Z(i)c -tem 'm »(")> emZ s:s:e -CDm 3!:m>< en::a"'tJ -twm ::a~z »~ e -tN- -c-t Occ Z~::a m en It'o~ 4~A o "'tI "'tI 1 m ." ." » » z -I () -I 0 Z '"U ." m mÇ! I :{ r I :::a C/) :::a ° :::a ~ ... rrCC :::amm-l-lrrz O."mmom<m- rnrndd~~~~ffim~8ø~ :::am~-I()~mø~~ -I-IC/)-:::aICO:::a:::ao:::aozZ~^Z-l~»:::a~~:Þm ~~ z» r:::a m~OmC/)I r<_»IZ »»~C/)z~»»()~~()m ~:::ac-~C/)m~:::atnC - - '^" c () 1:::a"T1 0 - ° :::a m """ C/) :::a z m m m m m zZC:::amO-l,^,,-<z-lmzz~F()>C/)Z()o'" C/)>::o~ -I-I()>ø m -I'"U~-Iø"'tl OZC-Ic <~ ~~@~~~~ç~~IJ)~.,,~~~~~~:::a~~ ~õ~ :::a :::amm~'"UolJ)()~rrmtn~'"Um zø » -~Z -I ~ ~I -ImrC/)mmv. () r mv. C/) ~»o:::aczz~C/)tnOZ m~~» C/) 2 r~z »-Iø» ~~ »»:::a-< ~ m ~ C/)r F-I:::ari ::0 m m tn0 I m tn :::a mZ z ~ ~> < ::0< ø m o~ () _ ~::om m 0 ~"'tI C/) m ~~mm tn :þ::ozC -I-~O aJ:Þ mgo:Þz cC ::0 ~ i ..... cO ~m::OaJ ! CJ1 W -" W -"..... W -" CJ1 ~ "'tI """ Z m :Þ .-" ,.-" .1\.) ..1\.) 5X' .-":.-" 5X' f>- '.-" 1.<0 .<0 ,!D ~ :=> 9" 9" ..f\.) 9" ."'-1 m ~ Z 2 < -< CJ1 0)0(X)~ I\.) I\.)i~ 0 OICJ1jO ~ W (X) WO) (X) "'-I'f\.)(D -" ~ m """ Z m tn 8 8!8 8 c~_~ :5j8 8 8 8 8 ~ g 8~+~_~_~_~L~8 c Q ~ ~ ~ m ~~mS Z mo:Þo o ZmZm C ~~Ctn ~ I aJ m c aJ ~m~< ;;0 m::O"'tl- :Þ Iwmtn I\.) Z c.....zo ~ ~5X' W 0 ~cz I W "'-I ow 0 m o~ -"O)o~ 0 tn C ooooo(x)woooooo 000000000 g::o m m ~::o tn "'tIm:Þ m<o zm-l 2zc . ~c""" I -" U'I w-" C m ~ '." ¡.".~ l'''" .~ , .'" :"' ? .~ .~ ."" I." ;:a"'.... I(X) ~CJ1 f\.)10 W 1 I\.) W (X) W 0) CJ1 CJ1 -"IW m-I o 0<0 WIO -" 1 ~ U'lo 0 0 CJ1 CJ1 '~(X) o 0 0 0 0CJ1 ~ 0 o_~Jc::> CJ1___ 0 0 0 0 ~-,~-_S>JC):)J~ tn I! I:þ I i a ~ -" Ø') -" ! W ;:! ): -" -" :l" ~ ~'f\.) -" <0 ~ aJ CJ1 (,) 0 (þU'l N :.... N (,) :.,¡ I I 000 ~~0CJ1-" m 000 OOOOf\.)I\.)Of\.)~ ~ ..>._..>..-"",'.._""'_..""'.....,..........~."'~< ....,--..-.---,-.....- I 0 , > OCJ3! OS::"""OOOOCJ" -Ie-l -IzeemrrO-lorm~ I-> I mm::OOO-oI» m m5r--ImOrr-l-l-l-<m-l~< ::O-OO::O::O»»IIIZ::O::o !;Jl s::ÔC:-I>OOZOZO~zzG)mpaß c: » -I -0-0 "",G)G) OS:: m -Ios::!þr-mmrrCJ::o»Oe Z_ ~I-o-<~~~ææ~mz~-o ~~ > z ::0 m -I -I ::0,::0 m Z 0 ::0::0 _ "tJ r-m~ ~ZZOOs::~eG)m ~!;Jl 0> ~Im ~ G) G) » » 0 r Z rn ~ m C 's:: - U> m Z Z...... " - Z-I "tJ pa'm Z 0 -I -I ,þ' 0 ::0 »- ~mz Q~eU>U>~ ::0 U> zi >0-1 m-o-o- s:: Om r-e ><rs::U> U> m 0-0 "tJmm" -I ~s:: !;JlU>z ~ rm t/)-I ;J>z m -<-I t/) 0)0'>...... ~~_O'> c.n 0'01 C 010 C 010 HI N en...... ......-..J ëø- ......~ c.no , i (11 'I ~ ...... (11......00 00100 o 0 0,0 0 ....... W Ò1 (11'N o 0 0:0 '000 010 r--- coo m Z o c: 3: 03 ~ en...... Z ~.þo. N...... 0 Nò>CD Ò>o........þo. m WW...... 0)(11-..J0) t/) c.n............00(11CDCJ1CJ1000 ~ ...... II 10'> ëø"w .þo. "oJ C ~.~~__ ~ ~_<:::) .~_<:::) .~ , I I i I I 0) 0'>1...... -010'> ~ - 1- c.n 0101 C OiO C 010 i ~ ~ ,~1~ ~ 0 I i I I II~ ......1 .. I I.. I .......CJ1W CJ1.þo.IWN 00'0 -..JI\..)'CDO OOOOO......'.þo.O .... ............. .Þo...... (11 ':.., - 1- U)~~8 CO""" (0 01 03> c:C cO Q"tJ m-l -I~ - -_._._-~~---. m ><~ "tJm> m<o Zm 52 z:-I -I c:iC: c:m> ~t/)r- m- t/) > -I;: 0- ~!þ r-I:D r- m /(; J:. A~A t/) -I "T1> o -I. ~ m' 3:"tJ :e"tJmm >!Bze -1--10 mOO> ~C"T1Z 3:m~1:D >Zm> z52<-< >zmt/) QQZm mcC:~ 3:mm< mo>o ZmZm -I3:Ct/) 'I:Dmc "T1m><- ¡;;~"tJ< r-wmt/) c~~o N-Z c-I cC: .Þo~ m t/) o ~,~ ~ mi m o '1J z AI AI '1J -I -I 0 -I m :ê:1r I '1Jen AI AI ~I -» < ~Alen~~g~~~o~ O~mroommO ~~~ AI~c-l-l-lmmmAl~ Alm~~O~êZ mmC @ z ~ m ro ~ ~ ~ AI m ~ -I ~ 651~ AI'~ ~ > ~ ~ ~ ~ AlØoZOCC~OOOo~m~AlenCZ~enmAlø ~~-I m» r_zz ><» AI -m~enm _m~ OZm'1JOømmZp~ïO»enAlOO»~< ZZC OOØ~zIoro-l-m~OZcmcAlr 0-10 AI mmø-l-m~mzm~O~~AI ÞO Oen-l o 0 Z Z en c ~ m 0 ~ ø ~ '1J m Z ~ ~'~ AI m ~ '1J C ZAlm-l '1JO'1J-I møm 0-1 rmø-lmAl~ ø ~ ~ enl-1!...~li~ ~ 65 m ~ ~ en ~ ~ ~ 0 r en r » » -I -< ~ I'"" m- en ï-l 0 ' v mz . 0 ï » ø I I~ ~ z ~ ~ r I 1< ~ ø < 1¡lm ~ ~ ! t--+-'----~--- ø m 1 I 1 IW 1\)1\) ......00CJ11CJ1 i......w o 0 m W ë;, ë;, 10 m 1"00 "00 00000010000 o 0 0 0-t~_2~2lC:> 0 0 I I I ...a. CJI o ëo...... 00 00 I I...... VJ 'I' 0 I\) I\) ...... .þ. I\)N-""":""¡WN 00'0000 o 010 00 0 ....... [1...... ...a. ..........~I o <.0 ....' ~ . 0 ON' oo~ 000 i ...... CJ1 m 1000> <0 I\)---. CJ11\)...... 1\)-....1 0001001\)......0.þ..00 00 00000 o .C:;::>.LO --~-----t---- ...a. N ...... 1\)CJ1! -....I ...a. 0 ...... m I\) ,"00 N .þ. I...... -...... <0 ëo ...... I\) I\) 00 m...... -....I 00'...... CJ11\) CJlO 0 0 o CJ1 0 C.11 0 -....I 00 II\)+<?~_ co 0 0 0 , , i...... 10 ~ ~ ol~ .- --+- ! I ...... w . ,þ......W wow ~ . I\) ,þ. 0> . en.þ.~ c.øooo I\) ...... I..þ..-....I ,.1\) o OJ ...... m C.11 I\) 00' 00 o co -....I moo...... m 00'00 o C.11 0 -....I 00 00 I\).þ.. 0'0 N I\) co ......,...... ...... .þ. ëø ë;,ëo!w ...... ,þ. wmo.þ. NooOI\)OO<O , w ' en I ~ ~.C1:i -....I CJI()"1ëo wO>-....I N 0 I\.) 0> ~ m < m z C m - m >< ~ m z o ::¡ C ~ m ::¡ m 3: tXI» cO 00 (j)~ m-l -I~ m z o C 3: tXI ~ Z o m ø m ><~ ~!m » m<O Zm-l !2zc -Ic» Cmï ~ø m- ø » -1< 0» ~> ïtXI ï m Ire, 1. ApA o ø o -I 3:.,,» 3:0-1 c....m z....3:~ -~mm ~~Z!: tXI--IO mOO» »o."z cm~tXI -IZm» ::¡;!2<-< -zmø ~(j)zm -IOC~ _ m< om»- ZOzO ,mom 3: ø »tXlmo ~ m,~ <: -~mëñ Zwz- -...a. 0 ø~ 0 -IN-Z ;::00-1 »OC -I,þ.~ - m o ø Z o > O»~ o0M; -iC""" -i"TIG> IO- I"TI mol-lm()> ::u OO::Umr s:<c-I-ien» »en-l>::U ° -I crl»c< O()>J>o-""Cm -IIr-< z""C::u - "-C-i > z m m Z m -i I ~ 0 :::a G> en en' O-<C ~mG>z >",,""C _OmG> "JC"::;:OO ZCZ ::¡mlTi (i)()m >OZ m~:::U IC-i ><_» O""C "Or CS: mZ -1m Z ):z en -<-i ~ .....~ co c>o c>oo c>oo CD <0 ..... ~ wow ~ I 0<0 C» o,~ C» o'W ..... ~-----~~-~ - .... ......þ.NW C -- - _CJ"I.þ.0 _ 000 COOO m Z o C 3: i tD N I ~ 91 -" i ° .... - 1m w -...J ~ ' en N 01 ~P-l- ..... .... ëø N ~O~O --------+---- N :"'.þ. (.oJ w '".¡::.. c.o:"o .....NOO .þ.0100 :;t m < m Z C m - m >< " m Z c :::¡ C :;t m :::¡ m 3: tD> C C'O C" (i)-I mm -Ic m ><:;t "m> m<o Zm-l 2zc -Ic> Cm, :;ten m- en > -I~ 0- ~ ):, I tD I II m: /& :z.. AfA o en o -I 3:.,,> 3:0-1 C"t'Im z....3:" -"mm :;!~Z!: tD--IO mOO> >c."Z cm:;ttD -IZm> :;;2<-< -zmen ~(i)Zm -Icc:;t _ m< om>- zozo ,mcm 3: en >tDmc cm><- 3::;t"< zwmen -.....zO en~ Cz -IN- :;tc>-I >cC -I.þ.:;t - m o en Z /fox A R'/4 o i "'U "'U i. m » - ;;0 ~ m "U () ~ š: ~ 0 " :E m ':E ï II;;o (J) ;;0 0 ;;0 ::u e~m;;o~om~0~~5»~ o"mmom<m~ ::u ~eZ» (J)Fm~~I ~~ ;;om»~()(J)møz m O;;o~(J)~~e"Uo"UmOm- ^-~;;o»m;;oe» < z»mI;;o"rI;;oO;;oo;;o~ m~Imï~~ç~ m (J)zo»z();;omÞo"U~()()e ~;;Oe-Š:(J)mŠ:;;o~ z e()e -_;;ozo OO(J)mo(J);;ozmm m m c: ;;om"U°~ø~mo~zzmx~()>(J)z()"o ~::u ~ »øŠ:ø~ImOï ~~ "'U»oze~e F< m Zmm» ~~;;o;;oç~~ ~~š:()~;;o;;o~ »õ x ~zm5;;o S"Ummro()ï ~"'U"Umz~~» ;;Om ~ ~ro UI()ZO~ mmm () ~r m~ ~ ~ (J) 0 ~ ~ ;;ole ~ ~ ~ m ~ š: Þ (J) ~ ï m z¡ ï ~ "U 0 » » ~ ~ ~ m. i (J) ç Z ~ ;;0 () c: I mZ »0 I ::u ;;o~ ~z Z m ~ <- - ~ _z ~ ø ~ .,,» ()IØ ::u m 0 ~ m < ~ n::um (J) _ 0 ~"'U n ~"'Umm m ~mz~ ~ c:~~n zOO» m~ -¡C."z C:o -<m::um N en..... w C mZm» N NNC11'""-1 C»..........wVJ.....<DO) G')"'U C<-< 9> !D .'""-1 I..þ.. ...... CJ1 !=' ~...... SX:J ,!".) .<D !" I.N ..þ.. 5') ..þ.. SJ1 .(XJ m ~m ~ - m CJ1 VJ 0 CJ1 0 0 (XJ '""-I <D (XJ cø (XJ .þ..,W·CO 0') N..... 0') ~ .Þ' Z Z ~ 00000 0 00.....0 000'00000'0 C C:G') m OOOOOOOOOOO<DO 00010000010 ~ c:1::u . :¡;Cm< m - m »'- z n n z'n g ~~crn ~ om~!2 m z~"'U:S ;:0 · m~ I » !!~z- .þ.. .....' , z m ~ C 0 .....N ,VJ CJ1'""-1! 'I n ~N~Z ~ è.o IN "0 ~ I m C S! c: .þ.. 0) '""-I (XJ NI 'J ~ - o 0 0 woo N 0 0 '""-1::':1<::>_ C>~ 0 0 0 0 0 0 0 0 L 0 ,~__. _ _ ."_ ___ ~ ~ , i m ~ I >< ::u "'Um» m<n zm~ !2zc: N..... ~c:» C11 .......... ............... N¡<D C:m~ O')CO.þ..<D .þ.......CJ1~ ,!".)<DNN(XJ(XJ.þ..'""-I ::u~ Ò1 w w Ò1 VJ <D 00 W w ë:n ..... 00 ~ woo .~ "0 Ò1 m - oO.....CJ1VJ~Oo,)VJ.....'""-INO NOOOCJ1(XJ '""-IN ~ o 0 0 0')...... (XJ 0 ..... ..... w C11 ..... VJ WOO 0 0 NO..... 0 » ~~ 0- ..... ~ ~r ..... N VJO) - »þ ~ !='SJ19>~ ~ ~m <D<DO') I (XJ I I <D0')C11..... ~ 00~~ffi~~~~8~~~ m 00 ~_.__..,._. _~. -_ ""'""»00___"_' -"....-,.-........,,-.... o » o » J:! 0 OJ '1J 0 š:: ïl: ïl ïl (") (") (") ï 0 ïl ïl ïl ïl » š:: (J) ~C~ ~O»~-CCmïïO(")~ïïïïC»'1J I~» IOzIZmm~OO'1JmImmmm~-~ mO. m^~mOïï~~~~zmmmmmozz ~(J)O ~(J)-~~»»III-(J)~~~~~(J)~ š::»co~~~ßoozzmzzßmmzoš::š::~~~p »z~ ~I '1J'1J00~G>G> (J)O »»Š::~»m (")oS;~~~(J)mmïïOJ~»(")>Czzzocz~ I~<'ZOJ~~~CC(")mz~z~Š::~~C(")(")(J) z~ OZC'1J~~~~Izo~0Š::»'1J(J)~@m~ mC ~G>(")ï---_m~CG>'1Jmz»ïl- r~ ~ (") m -- » m z ~ (") (") š:: » z m m z ~ ~i 10 ~ :Þ m ~^ ~m~(J)G>YJ»»(")ï_(J)~~ ~·mŠ::zš:: ~(J) »00 (J)mzz» ïl š::~ ° m ~Cz CO~~ï ~ ~m (J)Š:: o z(")(J) '1JC_ (J) š:: (J)'1J (")> C Q~ ~'1J(J) (J)> ~z - - -š::ïl ~ -~ '1J m><o mm (J) zm š:: ~z (J)z G>z m m ~ » z z z ~ en (") m m en ......1\.) -...I (.ù o 0'1 00 00 Ø) ..a. cø '0 ..a. cøo ~ N ~ ~ Œ~ N W W .o.~ .~ I~ ~ Œ N 0 0 '0 '0''(;, ~ 0 0 0 0> Ie '0 '(;, N ~ (J" 0 o 0 0 0 0 0 0 010 0 0 0 000 0000000000000000000 ...... o 0'1 0) COO ..a. ~ N ..a. .Þoo I-Jo. i (J" iN o 10> C?_C?f<O I 1 I ~ I 01 0> I. N Co ooooo~~ ~ ~. N...... ~iW w·):..,):.. OOiW ~ 00 ~iNiW ~ 0 00 OW¡W N 0 0 0> W ~ I ..a. I cø I~ W en '0> co W ...... ~ 01"¡::" è».....¡ I. ):.. . . '(;,0> ......10> (J" ~O>...... 00 N 0> ~ 0 OOON NI~ Œ ..¡::.. ~~<OW ~ N (J" N 0 00 0> 00 Noo .....¡IO co 0> ~IWI~ 00 0 0 01 W ~ 0 0 (J" 0> I\.) O)(.ù ""'¡::"Ò1 (.ù 0 ......0 N co cø W , I N~...... 0000 .Þooo I I I' ,...... , :-'.......:!J1 01 0 010 0<0001 OWO..¡::.. , ~ , ~ ~ cJ,.0>~~~~~ ~ ~ ~ (J"~ ~OOW~~~oooo O>~O(J"OOW(J"~WOOOO co ::u m < m z c m - m >< ~ m z o ::¡ C :::0 m ::¡ m 3r:: 03» cO 00 Q~ m~ ~~ m z o c 3r:: 03 ~ Z o m en m ><:::0 ~m» m<o Zm~ 2zc ~c» cm. :::0 en m- en » ~~ 0- ~S; .03 . m Ib::t:. A-~4 en ~ .,,» OO~ O::um 3r::~~~ 3r::mz!: C~~O ~g~~ < m:::o 03 O3Zm» mO« »zmen cQZm ~oc::u ::¡; m< -m»- OOzO »mom :::!3r:: en OO3mo zm><- ::u~S men ." w z,- ffi ~..a. 0 I 0 . N -,Z ogc! .Þo::u m en 16J- Ar-A :;c m < m Z C m - -t m ° >< > "tJ m .... Z 0 C > :::¡ "tJ C > :;c m en .... :::¡ , -t ° m "T1> C 3:! oo-t -t 0:;C~"tJ E 3:"tJmm 3:mz!: ~---- --'--, C ;:!! -t 0 ml; ;g~~ Co m:;cm ,þ. C"tJ mZm> ~ ~ -t m C <1-< ( -tm >zm!en «:) C cG')Zm «:) ::!CC:;C "T1mm< õo>o >mZm -t3:cen ommc zm><- .:;c"tJ~ "T1Wm~ ..a. -..a.Zo «:) m ~ c (n ....N-Z c«:)-t Ø) «:)C (Ø ,þ.:;C m m en ><:;c ~m> z<o cm-t -ZC -tc> Cm.... :;Cen m- «:) en ~ -t> O- N » (Ø ëø ....m w .... ..a. m ...... 0 ~ I ~I ° ::U::U "'tJ -i -i ° - - m "'tJ &>'j)~::u-::ol ~Zmmomm-iZ-i::o roomm0 ~êZZoo~~IOO~ oooooø~ o::u-i-i-i"'tJ"'tJm::u::u- o~mc~ m~mro~II::ummZ ::ur::U>:, ooZDC::UOOO~~G)amoo~::u COCrmzzOO Im-l-im~ ~ "'tJm"'tJOømmzO~~~::U°O~::O "'tJ ø š: Z I 0 rol-i 00 - m ' m C ::u r < Cmmø-i::um~-i~z~Š:::UooÞO rnZZooCmmO::U-i0m~~~::Um ø~-i ~~~~m m~-iš:>:rn° m~ ::u~š: o~::u Zr oorro Z-i-< m ooC ~ 0 ::u m::U' I ~ ::uoo 0- r < m m ZI -š: ::0 ø Om < mz - OO-i ~ o I\J ..... .....OOI\JW w.....w 01 0> N 'è..> a 0, 0> '".Þ. Ö"> '"......I 0000000000 0000000000 W i W cø I'V II'V ..... W ....... .......[Ö"> N N 00000 00000 I I I ! ..... 01 0 W oo'".Þ.o> .....01 01 010101 <00> OOCOO>OOI'VOOO 00000 ::0 m --+- ---1 < Z~Z 0 O!m -il-i m C!z mlm C ::Ule ::u::uz~lm m m D 010 ooooC<I-I -i -i m ~:::o Z -i¡Z rj'e OS<~OO ° .......::u-l š:0om.e mO<Š:::O -I :=~-im o mr~ -I oOx ~ -i::U , Om ::0 ::uŠ: ~ ~ Z e m Ø) ,þ. ...... I'V Ø) 0 00 000 0> .þ. 01 0> o 00 00000 I c.n 01 ...a. W W 01 ...a. CD ~,þ. N ..... ..... W N <0 è O1I--.¡ --.¡ ...... 0'> 01 .þ. co <0 00 I\J N O1..... 01 Ø) ex> CD --.¡ .þ. 0> OiO 0 ,þ. .....co_o 01 ...a. ex>L{,.> .þ. --.¡ f--~"~- ----- I ¡ I I I ...a. I ..... ..... N ¡ I'V ...a. ..... ..... W --.¡ ..... ' I'V co .....:..... ..... W N .þ. .....w ..... W 01 Ö">i'"......l èo,l'"co I'V '".Þ. Qo 0'> 01 ....., --.¡ ..... ¡ 01 ..... ..... 0> OlCO .......þ.CO 0 .þ. W ex> <0 I'V 0 0 ~ 0> 0 0> I'V 0 00 Ø)<OI\J 0 01 cø ex> W .þ. W ..... ..... ::0 m < m Z e m - m >< ~ m Z o ::¡ e ::0 m ::¡ m 3C aI~ cO 00 G)~ m-l -1m o m Z o e 3C1 ai' $! Z o m o m ><::0 ~m~ m<o Zm-l !2ze -Ie~ em, ::00 m- o '~ -I~ 0- >!Þ ,aI , m /~l- ,4f A I 01 -I .,,~ 00-1, -I::O~~ ::O~mm mmz, ~2:!-IÕ ,Oo~ -o."z G)m::Oal :J:Zm~ ::10<-< ZZm0 G)G)Zm · e::o ~Om< om~- 3COzO _mom Z3C 0 Cñalmo -Im><- ::o::o~< ~wm0 -I...a.ZO o'N!2z zo-l oe ,þ.::O m o ffoJ- AfA OJ »j .", 0- 0 -i:; -i I I :;:0 mr- m m ::uO....::u < COO m ~ .... :; -01 Z C ....(»r-~ m OI-<O - m ....z "'-i >< »m m- ", r-::u ~z m 0-< G) Z »Qo ::!en 0 "'m zc =t =to Q-O c en »c m~ :;:0 .... r-- ><_ m -n» 0-0 ",m =t cS: men en 0.... m ....:;:o~", ....m Z 3: >Z en :;:O"'mm -i m mmzr- -< en ~22....õ m» r-°O» cO -O-nZ 0° Qm:;:om C1I Q'" ::I:zm» ..... ..... m..... m.... ::!O<-< òo '".Þ.o ....~ Zzmen 00 00 QQZm 00 00 · C:;:o m » 0 m. < o m »!- Z 3:°z~ 0 c z~oen 3: -mmo m enm><- ~ ....:;:O"'S ~(..)m~ ..... Z .........ZO (X) 0 -~ 0 Z ON- Ò m zo.... m en oC 00 mo .¡:¡.:;:o m m ><:;:0 en "'m» m<o Zm.... 2zc ....c» ..... Cmr- 0 :;:0 en '".Þ. m- N en 00 NO » ....~ O- N :;> ..... ..... .....,..... r-m ÒO 100 r- oo ""'0 m 00 ""'0 ..... N _~..........__~.._....-~"..,~ 0 ... -- "~_..~. o » r-"tI -S:-4 G>'"U» I:::Or- -400 Z<c: G>m-4 -4'"U~> OOZ-< -4r-l »m(J) r-(J) o G> » m "tI Z _ m ~ ~ r- r o c: -4 S ...II. ...II. <» 1\)'0> õow'ë.n 000 000 000 000 , I '0 "tI I "tI m O»zmoom~ :::O(J):::oo:::e:::O -IC(J)rm-lz» mom<m~ I-IcmrIG>-4 -Io(J)mG>z -4mo:::o~t:mZ- :::o»m:::oc» 0:::0-»:::0 :::Omz-4mr:::O-lrr- :;:! 0 ~ Z 0 s;: 0 m Ci) 0 s: (J) ~:s: ~ 00 _'"UCO_:::oo:::om-4mmm m r- m :::0 m -I -I Z Z >< » Z ° b (J»>:::o O~»G>-<m-lG>"tIr--IC < ~ -I t5 ~ ~ ~'ïl ~ ~ ~ ~ ~ ~ ñ ~zmm ~~~i~~G>-<f= mrn -4 G>(J) ~ 0 C (J) I 0 F S:;J> (J) - r z» z;J>)>:::O ~c mr »:::0-1-< "I '"U (J) r- 0 m~ m 00 I ><m :::0 m Z "tI(J) <:::0 G> m ° < z m- 00 (J) 0 m m 00 00 I I 1 , I N ~I co 9> i"~ co '" co I'\.) i 0'1 00000 00000 O>~ ~O> "'-I ...II. è...>' CD 000 000 W N ~O> N I'\.) ~ 0'1 0'1 I\) è...> ''".Þ. '0 '".Þ. ~ 00,0000 000000 01~ i-v........ (J'1 co~ 1'\.)'" col'\.)'OOOCOOO 000000 ...II. _0> .þ. co ~ 01 r.v to co .þ. ~ I <.0 o co 0 0 0 "'-I'~ W co 0 0 N N '0 0 co "'-I 0> 0'1 '" 0'1 <.0 i .......¡to~ 00'11 Ww 1'\.)0 CD to I ---..-- ...._~..._- ---~.__._---- ...II. ...II. tco N ~ S:tJ ~I\)' ~O> 0 .þ. ~ <» WI01 1\)- ~ ~ r.v 0'1 o 0,0 co~ to 0 0 0 000 <»0 0 0 co 0 0 0 I\) ~ O>~~~~"'-I ë.n" I"" - - 1\)ë3~gffi~ .......¡"'-ICOO~~ ...II. W ------t---- -------' :::0 m < m z c: m - m >< "tI m z o :::::¡ c: :::0 m :::::¡ m 3: OJ» c:O 00 Ci)"tI m-4 -4m o m z o c: 3: OJ ~ z o m 00 m ><:::0 "tIm» m<o zm-4 °zc: -4C:» C:mr- :::000 m- oo --- -----+---- -------- » -4~ 0- ~> r-OJ r- 'm /bl ARIJ 00 -4 .,,» 0-4 :::O~"tI "tImm mzr- 00:::0 - -4--40 :::000» m°"'z mm:::oOJ -4Zm» r-O<-< Ci)Zmoo :::J:Ci)zm -40C::::o - m< zm»- Ci)OzO ,mom .,,3: 00 -OJmo mm><- r-:::o"tl< o moo wz- :"00 N-Z 0-4 oc: .þ.:::O m 00 ;;tI¡ m ::::0::::0 en mmm cncn;;tl mm< :::o:::om «en mm "Tl"Tl 00 :::0:::0 ()() »0 -cz --I -1- »Z rG) 0004 m o Z ~ () r- m ;;tI cn m en m ~ m en OZ 0004 ¡;;tI "m ;;tI m O-mIQ (')-IÞ --< -IZ;;tIU'I »;:uZ zzm IO~~ooo4:::O»~ ~rric:Z m :::OJ;;:;! m 0:::0 Z m cn :::olm :::0 m ¡ Z en 0004 -< cn;;tl -I m en (')~Qooo4Þ"Tl~en ~cn¡ooo4 o(')m;;tlr-o:::oQo m-l;;tl ooo4zo><mooo4:::O"Tl(") zcnc: O;dcn~<~~:::OO -I~~ ~»-IZ z?ôOz z c: r-('):::oen eno~ooo4 rri ;;tI O~mm ~G)-c;;tl :::0 m ,,»~ ;;tImOJ~ m mrOJ enz0ooo4 ~ :::ecnc Qomcno ~mÐ5 (")~;dzooo4 z~m Ormen~ Q(')~ Z m :þ mm 0004 -I r- m z ;;tI r ><cn-l iii - ;;tI " c: G) m m 0004 I < Z - -I m en 0 z Z rn ~ G) ffi , ¡ :t ~ U'I C11 +- "'-10).....1 Y'SXJ_..... ~oå>! U'lC110 o 0 O¡ 000 o ~,~+_ 0 0 O~ 000 000 U'I C11 "'-10)..... ~oå> 000 000 ..... .þ. U'I.....w .00tO .....U'lC11tO "Q "Q å>".Þ.¡ 0000 0000 000 0000 "'-I"'-J <ØtO ëøë.o co 00 000 <Ø to <Ø to 'Q) 00 U'I C11 0000 ww Ø)O) <ØOO..... Ù1ë.nO NNO 000 J..~'" .00tO ....U'lC11tO "Q':..1.å>ë.n OU'lOC11 0000 ~w _N _..... ..........0 000 000 000 ..... ..... "'-I 0) W .þ.:00 W 0)¡00 . .... ;;tI m < m Z c: m - m >< " m Z c ::¡ c: ;;tI m ::¡ m 3: aJ:Þ c:c cO Q" mooo4 ooo4~ m Z (") c: 3: aJ ~ Z (") m en m ><;;tI "mþ m<(") Zmooo4 2zc: ooo4c:þ C:mr- ;;tI en ¡ m- en Þ ooo4~ 0- ~> r-aJ r- m JbJ A-~4 en 0004 .,,:þ 00004 ~~" mm~ ;;tIZ- _0004(") oo:þ c,." Z m;;tlaJ enZmÞ m2<-< (")zmen c:Qzm ;;tIcC:;;tI _ m< ooo4mþ- -«(")Z(") mcm 3: en aJmc m><- ;;tI"S wmen .....zo ~2z 00004 0C: .þ.;;tI m en /62 I!-g-A- ;::oZ : -I 1;::0 mm J~ 1m ::uen" --< (')IZ zzm mmc.n »1 (J);::O~ -I ::Ulen <-IZ <0 o ::UI'TI mmc: mmm -1-< !;a (J)::Um ::Uenen -1m en ;::0 < -I >ï1en š:(J)-I m m ;::0 IOQo m-l;::o < ï1 m -I::Uo Z(J)c: m o < ~~O -I1JJ0 Z ::u -»-1 c: (') Z»Z Z c: m en::U-l -I ;::0 - » .,,0:::a m -0 mG)- ~ m >< ~ :::am 03 m " m enz (J) Z r Qom -I -I -I C 0 0::U 0 =4 ~ oF: ~ c: Z ;::0 I -I I m :::a ;::0 ;::0 =4 m æ m en en < m -I m c: m i: 'TI> -I ~ Õ Z 0-1 c: ;::o~" m Z m en en en "mm mZI 03> :::a-lÕ ..... ..... ..... ..... c:C c: 0 01 > NN NN cO zC'TIZ ww I 00 W N ,," -m:::a03 0)00 ..... c.ø<D o CJ1 CJ1 m~ ZZm> ;.~ c.n ~~ NNO enc<-< 00 0 00 000 -I c1 c:- 00 0 00 000 ;::ozmen m"Zm m ccC::::a Z m< 01 >m>- c: enozO enmcm i: mi: en 03 -I03mc ~ enm><- ;::o"S Z wmen 0 .....Zo m ~ c 00 0 000 en N-Z 00 0-1 oc: m ,þ.:::a ><;::0 m "m> en! m<n Zm-l ! CZc: ,þ..þ. -IC:> 00 i ..... C:m, ww o <Di :::a en '00 ~~1~ m- oo o C?-f-- en 00 0 I » 1 -1< ..... ..... 0» 0) (X) NN I I -I): ww I 00 ..... ..... I c.nCJ1 ..... c.ø<D c.øCJ1.þ. »03 ;.~ ë.n ~~ ê:n'WN II 00 0 00 ..... <D ..... m 00 0 00 w (X) CJ1 ..... CJ1 / ~2. A-R-It "'0 Z -t I ;:tI I I "'C :::a (J) :::a 0 :::a ~ m Lf) Ö+~ I ~ :::a » Z1 Z' Z+~iJ 0 f) ~ m OJ mOm < m 0 c.n »» :::a m (J) -;1< -; r m C »(J)-;O(J)mG)z~-t:::a:::a»~ s:(J)mmm»zC:::a~ rO:::a»m:::aC»mO:::a:::aZm m:::a(J):::a z:::am ;:tI :i :::a m r ~ -; ç;: . en ~ -< -< ;:H;:tI ê ~ ml-; m :::a 0 m en ~ z~~~m~:::aen-t'bb:::aen ~s:~~~~~~-t m (J):::aZOo~ (J)>~~-t~:::a:::a~~ m~-;z(J)mz»~ ~ Cm-;c «~~OO S:-;»-;OJ~-;°o m :::a s: :::a :::a:::a ç;: i - » » m (J) >< -» » < -t - ~ m m -; (J) :::a ~ ~:::a:::a s: ~ z -ciO ~ OJ 0 » c: ~ z G) -< » - en ." 0 0 -C;:tl -;:::a 0 m ~ < r;:tl "'0 I o-;c~r (J)m mo~OJ- "'C-r:::a -»Om m m r::::a» \u(J)m -,zrm zr:::a I »»:::a ~~moc: 'om(J) G)om Z :::a -; -< m z (J) -t m "'C 0 -; (J) :::a I s: c () QOzm-;O ><»-; ml :::¡ I oO~' z-t"'CrO s:~ c: Z OCrCenom:::a -;>< ;:tI G) zS: G) ~65 »m m en -t OJ I . m >< (J):::¡ ~ 2:! ~ c¡j ;:tI (J) m m ~ -t mz m (J) 1:!!: »;:tIm ~() < ."'O1:!!:~ _m m 'mm O(J) z O;:tlzC Z c: "'O--to en m _ mg~~ N I m» ~m;:tlm . ~ I\,) W \J c:C -tZm» ..... .....CJ1..a.en I Nt.> N CJ1 (j) cO -zC<-< (j) ~CJ1I\,)""'CJ1 enen.....~~ W \J~"'" ~ "'0 - W (j) WI\,)"'" (j)..... ~!X' o~():) ~ N \J ():) ~..... ~ G') -t G') Z m en "w"w a ò> :... i"w ):.. . ~ Wc.ø ):.. 0, ):.. œ CJ1 :... <0 U, (j) ~ m ." G') Zc: m 00000,00 - ~oo Q 0 000 o.,C ;:tI o 0 0 0 0'0 0 Q ~ ~ 0 0 Q 0 0 0 0 0 0 0 0 c: C m < Zm_- m cOzo II Z en,mcm o 01:!!: en i c: om~c 1:!!: 1:!!:~"'O< m m mM ~ - W VI z..a.zo m~ c Z cN:::¡z o Qc: m g;:tl o 0 0 0 0 0 0 Q Q 10 o_~c::>, _ Q C:::>,O 0 0 0 0 0 0 . __~n: ~~ rn ><;:tI "'Om» m<o ~m-t , N..... -zc: ..... ..... (II c.D ~ -tc:» (j) .......... \J~ c.ø ~ (II (XI I\,) IW C:m. W ..... ..... W ():) \J ~c.ø ~ Q (XI --J \J : ..... ;:tI en "wò> a :... ""....,¡ ):.. co èx> W \J W 0, IN CJ1):.. m - o -..,¡Io I\,) I\,) \J c.n CJ1 (7') W CJ1 00 c.D --J1 en o 0"'" ~ 0 ():) CJ1 Q Q 0 0 0 CD CJ1 CJ1 W ~ ~ 0 ~,~ I . + ~ t j.--+-- ,.., I I» I '< ! I -t N I '0» . I\,) - W ..a.c.n, 1\,)'" ~ ¿" I I ~ -tr W W I\,) ():) ~ en en ..... CJ1 ~ CDW \J..... I..... » ;Þ ~""'~""'--J():) ~!X'o():)~ N ~ 01\,)..... ~ .m 'ò> <0 ):.. ::... 0, <0 w c.n ):.. 0,:0, N I\,) ,:",,0, Ò'> <.n ~ :.... . Wc.D-"'¡O~--J Q~~o~ ww~ c.D~0~\J m 00c.D.....01\,)~ Q~~OO NCJ1CJ1W(j)(j)O~(j) ...... en <-'--"'.~"'". .,,----,.............. o t ' " Z ::0 ::0 -I m -0 I () -I -I š:-I 0 Z 2:T:O :;u ~(cnl~tm!;B ~ r ê ~ ~ ~ h; ~ PJ PJ PJ ~ ~ ~ ¡:ri olçl~ ~ ~Io'ô» 0 " -I -I (f) () -I r m m 0 -0 m ::0 ::0 Z,r m r'::O _::! ~ m ~ m OJ I ~ " C ~ ~ ::0 0 ::0 0 m ::Ol~ ::0 m m ~ z m Z Z 0 C :Þ () ::0 ç 0 0 -0 ~ () m ~ ~I-I C š: ~ m G') ::0 (f) ()CrZ_m::ozzO 0-0 -iZ(f):þ ::om (f)~ m -0 0 0 ~ G) -I m m 0 ~ Z -I 8 m¡G) m Z () Z >< () :Þ G)Š:ZG) ~PJoOJrr~~(f)~-o -I~G)~~oz mmG):Þ m::om::OÞ:þ~-I::o mz"zoš:() ZZ(f)::O c-ommmOJ()š:::o 0 ~-Im~~-om ~-I OJ ~I()~ZO-lmm G) Z mm»m :Þ ~ O-l::o~::O~zš:::o () (f) ~~ r m ~ (f)r r-lOJ :Þ m m:Þ (f) C š: :::0-1 m ::0 ~o ::0 (f) Oz < m Z () ~ ~ m Z ~ (f) -I m :::0 < Õ m ~ H, i ' LJ I I I i I , , I I N 0'> 'I~' -"-"NWN-" -" i.....¡O-"(.¡J, CJ1.....¡W.....N .....¡ 0 CJ1 N <.D W.....¡ W -" IN 0'> .þ.1""'¡1-"-" e» <.D .....10 - - - - - - - - - 1- - - 1- '- ,. - - - - g ~ c; ~ ~ g g g: ~ ~ g: g:~ ¡g: ~ ~ g ~ ~ o 0,0,0 0 0 0 0 0,0 0 0 010!0 <.D 0 0 0 CJ1 I i I I I I <Ø .......N <Ø-"w 0<.0:'" 000 000 -" .þ.0'>0'> N.þ. wu,N wu, -"we» <.DO'> o .þ. .þ. -" 0 CJ1 'N 0 ""'¡CJ1 ,-" -" , :... ".þ. .þ. .....¡ I I 010'0 000 (.¡J o '0 010 000 ,¡,-- ,+,- - i ___._.,_._~m._.______._---<-__ _____.....___ -" -" -" I 0') ~ ~ ~ ~ ~ ~ ~ ~ ~ wi I~E g ~ ~ ~ ~ ~ c; ~ ~!~Iw ~ 0 0 -+-~--j----+-- W <ØN UI-"(.¡J 'N<.o:'" UlOO NOO -" -" I CJ1 .....¡ Iw 0, NO O-"W +-- ! N ""'¡N CJ1.þ. o to CJ1 -"N -" -" CJ1 0 _-" _N N W 'N å:I ~ -" 0 e» e» I 0 0') 0'> 0 N -" .þ. o N 10 to .....¡ W e» e» 0 -" -" UI W -" W W O'>W ..... co -" w ......... ~ COo 0 .... ....... :::0 m < m z c: m - m >< " m z ° ::¡ c: :::tJ m ::¡ m 3: D:J» c:0 00 G)" m~ ~~ m z o c: 3: D:J ~, Z o m ~ m ><:::0 "m» m<o zm~ 2zc: ~C:» c:m.... :::tJ~ m- ~ » ~~ 0- ~): ....D:J .... m /to.I- A e- A en ~ .,,» o~ »:::O~" ...."mm ....m o:::oze ,,-~O mOO» :::o0."z :Þm....D:J ~zm» z2<~ G)zm~ ."G')Zm c:oc::::o m< Zm»- OOzO ~mom 03: ~ OD:JmO 3:m><- D:J:::O"S -wm~ z....Zo m ~ ° ON-Z o~ '0 c: ~:::o m ~ . -r--¡I§ I ¡' I ! '1J 0 š::"TI"TI"TI e () () 0 r () r ìJ 0 OJ"TI "TII"TI"TI» š:: en» » -I Z e e m z r O,"TI m r () ;0 -I 0 ~ ~I~ ~ e » ìJ e Z J: 0 m m ;0 "TI 0 ìJl:!! G) m m z J: » m mlm m -I Z ;0 -I -I m r r -I 0 -I -< () » ;0 Z -I m -I -I -11-1 -I 0 -I Z 0 Z ;0 ;0 ~ ~ !:: ;0 J: z!m ;: @ en z ;0 ;0 z š:::š:: ;0 en m ^ z G) ~ ~ 0 0 ~ š:: ~ G) ê 0 ;0 rn G) 2j š:: 0 »1»1š:: ;d ~ ~ en en m m r r ;0 ;0 Qo () ìJ <m m » » e z z zlo e z ;0 ~ e ;0 ;0 e e en m J: ìJ () z z - š:: -I -lIe () () en » ìJ » » OJ OJ Ì Z-l e ~ r ~ 0 0 0 ~ » m m'-I ^ m -< z ìJ-I-I;O;Om z'^'m-;o 0:::" -zz]enen en ~:z z () () ;0 ~ "TI ~ en en 0 ~ ;0 ~ ~ ~ ~,o ;0 );: ~ ~ enG)G)~~OJ ~en ~z;oOJ-I m()()lmŠ::zš:: I enm-l-l() š:: G)š::z;o ~mm 0Š::' ~genen~ en ~~o~ z~en ~,» ìJìJen en m z» 0;o"TI ; !::Š::"TI ã G);o m-l I rnm J: en en z m -I š:: o » r en ...... ~ N 0 ..... 0) N ..... sÞ W CD .0 01 ~ 01 0) ~ .þ.N N ......, W ..... 9 00 ..... 0 0 N 0 0 W Co 0 0 0) 00, 01 Í\.> 0 co 01 0Í\.> 0 0 0 0 0 0 0 0 0 0 0 0,0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0:0 0 0 0 0 0 0 0 0 0 N I ~ .þ. ..... ..... N N ..... 01 0) W '"......I Í\.> 1- - W CD '",þ. Í\.> co i~ W ......, 0) .þ. 'co 0) 0) 0) 01 ..... ~ W 01 W 0 01...... 0 N 01 0) 0 0 0 0 0 0 0 0 0 01 '0 ..... N .....w NN ......,CO ..... co N o ...... ...... OCDÍ\.>.....O ~~~O)O~ ~COOWC11~OOO w ..... C11.þ.0 0,Ò)Í\.> cx)0)0 C110)0 I ~i N CD I"'" IN 10) ......, 01' ..... ~:"""IN'01 N 0 ~~~ 0) .+E'_j w ~Ól 0 I . ! 1 , ~ I ....., 01 N......NO).þ. W .....O)W......I......CDCO ...... '",þ. W Ò) 0 '",þ. 0 0 0) '"......I N WCo wOO I:'" '"......I 0, 01 ......, 0 ......, ......, 0 0 0 0 CD co co......, .þ. ......, 010 0 0 I 0) ...... 0 01 0 0 0 0 0 0 co ~ .þ. ......, W 0 '0 0 0 '0 ::0 m < m z c: m - m >< " m z c ::¡ c: ::0 m ::¡ m s::: tD» c:c cO C)" m~ ~2J m z (") c: s::: c:J ~ Z (") m (f) m ><::0 "m» m<(") Zm~ 2zc: ~C:» C:m. ::O(f) m- en » ~;; 0- ~~ .tD . m /b~ A-~4 (f) .,,~ o~ »::O~" ·"mm ·m O::OZ!: ,,-~(") ~ g¡~I~ »m::otD ::j~m~ z_< C)zm(f) -nC)zm c:cC:::o zmm< c(")>(") (f)mZm (")s:::cen OtDmC s:::m>« tD::O"- _wmen z.....zO mcÑ2z o~ oC: ~::o m (f) :::0 0004 0004 I' ,i 0 m ;;0 ;;0: I' > ~ ~ ~ ~ § § ~ L~~ l~l~gl~~'~ ~~8r- ~~~>ØØ~dt5'~ mO~-Ioo"" m^ :::om I < < en .... m m :::0 0004 ï1::::o;rJ Z < Z 0 ;rJ (J) ooo4-l-len>m,en š:<»ømøC: -Ipo < m m ;;0 -I -I 0 .... ;rJ I 0004 » (J) Z š: 0004 ~ "1J m bib ~~~:;!ooo4-l,O (")§;o~mŠ:>ooo4-c ~ ;rJ;rJ enzzm~o:o Iï;dï~~-<OZ~ !!! (") (") ." (J) (J) :::0 Z "1J I :i ~ m c Œ (J) 0 þ! ~ (") m ~~ ~~~~~~~d~g~ ~~ ....po~ ~ -1-1 Xomm ooo4"1J(J) zŠ: ~mo ~ »z d(")"1JZ:::O(J)~>POš: mm mOz c ïø o~oen:-lz....mm ;rJZ ;;O~(J) :::¡ 0004 m 0 ï -I ffi 0004 ï coO Z I'~ -II >"J ~ Z :ih;-<enoøen>c-I ::!~ i¡ > (") m(")> OI :s!"1J :Eo ml .... m :::o-l"1J 0004-1 ooo4Š: W/- :::0 (J) >~"1J ~(J) ~~ mZ ~ rn G) ~:::o 0-1 ~ ~ ~ ~ ~ ~ ~ m < Q;rJ Z L ~ m m c Þ m en en en -< en N..... 'WéJ,....... N.þ.OJ cø.....OJ ;"'".þ..'o 000 000 w W cø<.O cø <.0 ;"'".þ.. 00 00 ..... , "'OJ I\.) .......... w C11 W'N 0) 0) -= a éJ,!'W éJ, éJ, o 0 01000 00001000 ..... ~ ..... ......01 'W- cø~ "'00 ..... en (0 0)1 N(X).þ. ~ - - 08è3 000 000 0001 ..... ..... 001 g;~' I I, cø <.0. 9~<? c::> !C?r'?--- , I N en o -= W"(X) ......0'10 00 cøO)l\.)i cø<.O W co fào 0'1 CD I ~cø _<.0 ..... ..... en ... .. ~ '" co -= OJ '"en " cø(X)...... enC11 N N cø (X) N 0 0 0 ......VJ,.þ. 00 en 0 C11 0 0 0'0 0 0 0 - .- .+- -.----.-r------- I I I N ..... ..... 'W ~ ....... N I\.) ..... .......' I '0 N OJ en VJ VJ cø <.0 W N ..... ..... co cø ..... OJ CON 0'1 ~cø <.0 ..... .þ.,..... W 1\.)0) 0) O.þ. ~ .þ. 0 N - - en C11 ;.. '".þ..lëx> C11 W C11 C11 -=- I O~~ en~ ...... 0 0 en C11 0 WIN 0 0 0 0 0 0 0 0 w " 0> 0 0 en .....,(J1 0 0 0 0 ......0'1 0 ..... <.0 tD> c:C cO G)" m-I ooo4~ m Z o c: ~ tD ~ Z o m en m ><:::0 "m> m<o Zmooo4 2zc: ooo4c:> c:m.... :::0 en m- en I ----+-~- > ooo4~ 0- þ!): ....tD .... m /6J.. A-RA en 0004 .,,> 00004 >:::O~" ...."mm ....m O:::OZ!: ,,-00040 m g ~I~ ~m:::otD ooo4Zm> zc<-< G)zmen ."G)zm c:cc::::o m< zm>- cOzo enmcm o~ en OtDmC ~m>« tD:::O"- _wmen z.....zO m~ c cN-Z 00004 0C: "':::0 m en /6 X-ÆRI4 1° I :::0 -a m os:o;c-co~mm --i-i:::U» < -t-iz-imo-i»z~ z ~ ~ mien m :::0 -i -Ien Z o::J:o::J:zen::J:-iG)-t ~zzS:mC: m -tm m-i-imm-- < »:::u;c:::Um»:::U;c~z menenêenm m r-oOmo~oomG) "" en z ~mm:::US: c: o-c-COC oc;cm _;C:::U~m m -am~c-c;8z»z~ - z"" z m m ;C » -c,S: m -i !:: G) m o;c;c"-i >< ~ ~ -i ~i~ G) ~ ~ ;:H ~ ooooen -a -ts:s:s::::U-c m :::! z ~ Z -i,::J:~ -i m m ~m-i"-c:::U Z Z G) -i -ilc m en » oc=<:z 0 G) en m:::u » !» en ::¡ mcOm zr-i r- OZ 0 :::0 O-c c: ><-cC-c 0enZ :::0 -a-C-c» cmG) m .....» m m!::s::::u -c:::u < ~ r ::¡ n zmmen en< m > enenz - z m m -i 0 c: 3: en ~ m 3: 03» 03 » en .... ..... .... ..... c:O -< -t co..... 01 ..... co ..... ~ 0° :::0"'» (I)"'..... <D"'O cø ""0 0) G)-a mo-t ëøOO<D à>'"..",¡'"..",¡ '",þ.ë.no<o m-t en:::O!i2-a 0000 000 0000 -t~ 000000,000 000000 -t-amm ." Omzr- on 03 ~æ-tñ N ..... :::o»c: -tOo» 0..... '" 01 :e:::OO -o."z ,¡:. '" ..... ..... ~ '" <D' »:::OG) ~m:::o03 N ~O!ë.n I I ....... '"..",¡ ë.n ~ 0)01~1 ' .þ. 0 ..... :::o-<m ,Zm» W'O!WO!OI'" 0 0) 000000 o -t :::00<-< -+----+-----+-------j.. --.---'.¡---- -- -,_..._---- -- --~-_.--.. mzmen ! 1 03'» -G)Zm w I.......... c:3: 3:cC::::O cø '" . I ' '00 ~ om 03 m< ~~.þ.~"'i~'" I 1~0)1~01~0 G)Z c:m»- ...."'Oi.þ. ~I.þ. '" mC :::onzn ~ 0) 0 ..... I.þ. 0 ~ -tm enmom wow 0 0 '" 0'0) 000000 0 m3: en o03mc m 03 m>< < z -<:::o-a- n men n~Z- c: o~ 0 ° 3: N-Z 03 r-o-t ~ !:0C: m,¡:.:::O z :::0 m .... ..... n n en ""...10) !~ ,..... m 0 ,¡:. 0 ["'.....' en c.n 00;0 0,0 o.c¿.~_~L 000000 c: <-H_.____~ ,-, Z m :;! ><:::0 I -am» I m<n Zm-t I 2zc: , -tc:» t t co .þ. .þ. ..... ",.þ. 0 C:mr- N I . '" 0 CJ1'" w :::0 en m- o .. 0 ..... o '" .þ. en (I) 0,0 010100) 0 0 c.n00CJ1.þ.0) ~+-r-" -------~._.~- ~'- , I » , I ' , -t~ I , I W ..... ..... .... ..... 0- ,¡:.'" .þ. ~ o I I W .þ. » c.n W ""'" ..... 0110 ~N _'" _~ ~ 10 Nà>!O'~ ~~!~ WCJ101O) W r-,03 0010..... .....O~ NOO~ .þ. ,r- '" wO)owoo.....o c.nOOCJ1.þ.O) m 0 .~".___~"""""'''',,__...'.'o _..... o I ~ , 1"tJ, < O""CO:;Emm »m ....-i:::u-i»z~ (J)Z o I Z I -i'G).... (J) c: ....m-immZ- Œm >:::Uz:::U:::UmZ (J) ....oG)(')omG) s:: ~~»Z~§;~~ m m:::u -irl""\"tJ ~ » 0 :::u - \.II m -, ~-iOf;~~~....~ :::!Z:::U-i-immo:::u ZG)a:¡Cm(J) ....Z G)(J)Z»~ >(') mCor- ....- ><""C-(J)Z :;u""C "tJ""CZmG) m» m!::G):::u <r zm < m tn(J) - Z m ~ c: tn (f) m N ...... ..... (D (X) Ø) (j) 0 èø è.o 10 c 0 '0 COOO,qIO I ..a. ......! ~ ~ i...... C (D 10 Ø) (X) I (X) (Ie) 0 0 .¡:.. 0 I .¡:.. ".. w ..... (D (X) WI'.)...... èø (X) 0 Ø) (X) (X) (Ie) 0 o.¡:.. o.¡:.. (Ie) 01 I I'.) I Ø) (X) , (X) ÒO W I'".¡:..' Ø) (X) .¡:..Iw U'I 0 0 " (DIO ..a. ...... èø (D w ow U'l000010 I'.) ...... w w (Ie) W 01 wU'l 1'.),_1'.) ..a. 01 I ' (j) Ø) (D (X)!01 (Ie) 0 0 " .¡:.. I 01 WW NI'.) ~5D ..... " co co CO WW NI'.) U)(D :""''".....J CO CO co N I'.) U'I 01 U) (D ~'".¡:.. ....." U)(D . I ..... " ~? N I'.) N I'.) .... ...... :;u m < m Z c: m - m >< "tJ m Z o ::¡ c: :;u m ::¡ m 3C m> c:0 00 G)"tJ m.... ....m o ." OOm :;u>c: :E:;u0 >:;uG) :;u-<m o .... m> c:3C Om G)Z mO ....m o m Z o c: 3C m ~ Z o m tn m ><:;u "tJm> m<o Zm.... 2zc: ....c:> c:m.... :;Utn m- tn > ....;; 0- ....!Þ ~m .... m /bJ:-~4 o !Þ 3C m ~ 3C tn "tJ .... :;u.,,> 00.... <:;um m"tJ3C"tJ 3Cmmm m:;uzc Z--iO ....00> "tJO."z :;Um:;um OZm> G)2<-< ~zmtn _G)Zm ::110 C::;u .Om< "tJm>- mOzO ....m m -3C0tn °mmo >m><- Z:;U"tJS mwmtn >..a.ZO -<- 0 N-Z tnC.... mcC: :;U"..:;U <I m - tn 0, mi tn ---:0 <: tn o Z o '1:1 ::u OJ OJ 0 So: "1J 0 ::u "1J 0 :E'm ~ mcc-IZ::U-lmo-l»z» enoo:J:OZ:J:zen:J:-IG)-I mG)G)m -Im-l-lmmZ- ::Umm::U::U-::Um»::U::UmZ <!-I -I 0 0 ~ m 0 G) () 0 m G) m,-I-I"1J"1J ocmoc::um -ICS~~~~~~~:E~~~~ ~~~~~-I~::U~~~~ïl~ »c;H;Hzz::U~-I:J:~-IFR~ 1""'~::u::uG)G)OJ» -Icmenen 0::uen"1Jenmz::u »»en i ~m-t::uCOoen Zr--I »O"1JC- 0enlZ ~8><"1J;:g"1J~ cmlG) -Iz()m-So: "1J::U -eno::umm en<1 z-tr--tenZ () G)::ur--< -I m ~C~~ en '1:I()-t"1J m-lO::u ZO::U' enZ m en i U'I I N -" U'I -....I -" -" II CJ1 CD "'0 00> N-" O>NO Wo,N-""'OO CD ë.r.-.....-..... aoooooo 000 a 0 0 0 0 0 010 0 0 000 -l~~- .+ Ii, .þ. I wi' a -" Ni 0>' ... N -" '-" W.N 0 W NO ë.r. :"'1-"'" 0, ~ 0 o~ê~~+~Lo 0 ~.l25 ~ i ! ~-....I-" N ~'I ~ N 0 0 O>..þ. N i_N CD CJ1 -" ë:n o,'N -..... N 0 i.þ. o,''".Þ,. W NOlO 0 0> 0-....1 NIO 0> NO 0 0 W 0 O'W 0 0 CJ110 0 -.---~-..-----_.._-.-_.- N t ëø 0> CD W CCI 0 CJ1.þ.-....I .þ.OOO(X)OOOOOCJ1CDN (X) CD U'I .þ. "'_-" ý) 0> ..... CJ1.þ. -" N .þ.W ow enoCD-....IOOOOOOO>CJ1 N N en .þ.' -" en -....I iN, ..., .þ.i 0 eno(X)w,w,N I~ W,CJ1 0> ~o,io,Nlo,IO.þ. ë.r.iww "'0'CJ10>1CJ1 0 -....I 0>'-" (X) N 0,-" WO> 0 0 woo CJ1'o> (X) ::0 . m ffi ~. ~1 ~_. ~I~~r~ ~ ~ ~ ~ z'z So: ~Irn e: -I -< -< en en ê enl-l m <ïlT1;H;H::uen¡So: ::0 mOO::u::uen~:m ~ CJ1::u::o m ZiZ m ~ :E :E :E :E So: -11-1 Z o » » ° 0 m eniz e: ïl ::u ::0 So: So: Z "1J I -I m ° ° -t ::um m' rnlo G) d ~lcs Z~ >< -t ïl m C Z::u () en ~ So:~ffi::U0"1J"1J-t Z » ::uen-"~» c -I-I()>-t-""""r ::¡ Omcr-o-" e: -I ° So: m ::0 »::uOJ < m I""'m~ m ::¡ ::o~z 5 m ~ 21~ ~ ~ mmen Z ' e: ' m I U'I I ......i W U'I -" .þ. -" -.. I N ...-....11 CD 0 0>1 CDN W.þ.1 o,ow -....ICJ1 gglogggog~ ,þ, .þ. a 0 ... ...... w 'w ~ 0 ~ 010 O!O 0 0 cø ,.þ. 'i -", WI U'I-"O~-"-....I N wN _-....I _...... _CD 19 5J> I _CD _N en ~ wO>o CD) -..CJ1 ~ g ~~J~..~? .~l~__ -" t aooooooOO W N ,þ, ~ CD 51' N~ CD U'I CJ1N (X) U'I ON N ,þ,0000CJ1~CJ10 I -" I N I 5D _N tD» e:C cO G)'1:I m-l -I~ "'OtD O»e: ::O::OC ~::OG) ::o-<m C -I tD» e:~ C~ G),c ' ~,~ I --+--"------+---+------ , m Z o e:, ~ tD ~ Z o m en m ><::0 '1:Im» m<o Zm-l 2ze: -Ie:» e:m. ::0 en m- en /~~ AlA en -I 0.,,» 0-1 !þ::O~'1:I ~'1:Imm tD~Z!: »--10 -(00» ,c."z »m::otD I""'Zm» I""'C<-< '1:Izmen ::OG)Zm Oce:::o c... m< mm»- oOzO -Imcm en~ en otDmC om>« ,,::0'1:1_ _ men tD~Z- -w cO ZN-Z ma-l Cae: ,þ,::O m en o ._-~-~ " or~-iom mCC-iZ»»;;o-iZ~ enOO:J: -»:1:(;')> m(;')(;')m~~~mZ-i ;;omm;;o m :::um- <-i-lo°»z»om~ m -i -i » Z ° -n \II ï1;;o;;o"U"UZO ~m o»»mm ZZx -i;;oZZ~~~~~(;')1:I ~ ï1 en en¡-i » r :::u » ï1 mz »Cï1"UZ-i»lJJom r--im;;or'\mZ»-imen C;;o UJ;;o C en m o enoen-O(;') en ....;;0 "UC»enm» vm-im '0 I mO»:::u1Jen»Oen ~0><-I;32 -uOm -IZ0-<- ZZi:::U -enO»m (;')-1:5 z-I'-Uen :::Uo G');;o,-u Om mcm:::u 'en XO°» 1:1-1-1- m-oen zO:::um enZ :::u m en -i o )! r- :::0 m < m z c: m :::u () -Òt:;oIj:..T;;...;; - m » » mlenlZ Z < :::u :::u - enl< -i m :::u :::u ~ mlm m Z -< -< CD en¡en ;;0 cen-lm ~",,;;oš:š:en OOen m-l :::U:::U:::Um~zen m~~~-I-iCD ~»»menz» :::U:::U:::U~-U-l <OO-':::um moødz:fg "m-noen mZAI- zm-u-u-i O~=<~ c" m š: >< IJJ -u :::u m » Z Z en ° m m en en ...a. ...a. e (.ù ...... w e I (.ù -.. Ø) ...... N ...... CD -.. -.. -.. en .þ. ...... co co CD .þ. 0) ...... .......þ. I\J 0 co ...... CD I\J ()) 'Co........ N '0'(" (.ù 0 -.. 0 'Co I\J ...... I\J -.. ClO 0 0 000 00 CI 0 0 00 ClO 0 0 000 0 00 CI 0 0 00 0 0 0 , I CJ1 I ~bl' co 0 o (]I 0 I i ~ ~!~ ~ ~ CD I~ rjl 'Co ...... Na (]I (]I 0 I'W 'a I ...a. 0 0 0 CD (.ù 0 'co o! ...a. 0 0 0 I\J.C!! <::>_<::>J CJ'1C::>L U'I cø N ~ (]I "'-I (]I e aNa ~ 0 oio ~ ~ g -----+-_._~- U'I : W . ~ I g¡ <:> O~O!O ! I ¡ I (]II ...-JJ. ~I 010 ...... ...... ):..N ...... 0 010) 0 UI CJ1 cø CD .þ,. .þ. e 0 ...a. ...... ...a. 0 ...... 0 0:0 0 0 ...... ~J:,.~~ ~ N.......þ.CD NCO CIONO...... N:"" ...a. 0...... 0 0 0 ...a.o......ooooo ClOOOOOOO ...a. ...... -.. ...a. I ...... 0) CIO -.. CIO .þ.CO ()) CD ~CD .?> CI CJ1 .þ. W èo........ èo(:X¡ CJ1CO W a CD (.ù N ...... (]I w.þ. CD -.. CIO ...... (.ù w CD w 0 coco oco 0 CDO 0 N 0 00{j .þ. -.. 0) -->- ...a. 00 I I {j (.ù ...... co .þ. CD ...... . . N ...... .þ. CD -..'w ~ I\J 0 ...... ...... -.. (.ù N 0 ...... 0 ...... 0) 0) CD N co 0 ...... 0 CJ1 0) (.ù 0) (.¡.) :::0 m < m z c: m :::0 m < m z c: m - m >< " m z c ::¡ c: :::0 m ::¡ m I: IJJ» c:C cO G')" m-i -I~ "'nœ ~»c: oC.:::O c <:::OG') »-<m :::0 -i e IJJ» c:3: cm G')z me -im e m z n c: I: œ ~ z n m en - ----------- m ><:::0 "Om» mz < .... m ~I !2z-l -IC:C: C:m» :::oenr- m- en » -I~ 0- -Ir- »» r-IJJ r- m /6:;. A 814 n en ~"'E )!Om r-:::03:1:I 1:Imm "mzr- ~~-Iñ c...°o» me."z nm:::OlJJ -izm» ~!2<-< »zmen r-G')Zm r-cc::::o m< "m»- :::onzn omcm c...1: en mœme nm><- -i:::o"S en men n~z- o ~ c 0 I:N::¡z œgc: -~:::o z m ~ en /6::¡: A fA ." ." m tn m ;::0 r- ..... -f ..... 0 » n e -f » m 2 m 3: 2mm g3 e><2 » ......,,-f -( 2mO tn C)2." m we ;::0 ».....;::0 < 2-fm ..... c:c:< n »;::om m ;::om2 tn -(tnc: e m ..... N tn < '-I » ..... ... tn N 2 ..... 0 e 0 0 2 U1 'TI tD go ., c Q ~ .t-J IV 0 0 VI "-'-"'~""'.'_" , ,._.-"-^ ·._'W.'>."'._ ._,,~. .. " .' -----~,.'_>-"-,,. ." Z -I :::0 m m ~I m I"U:::oen:::oo:::o~Q OO-iz :::O»zzz"UOO~ m»~~~~m<~O~ ~~:::Oen m~-i<-iç~CZ ::! \, I \II \.11 Z 0 -I <"V <"V »." :5: m m m m z - :::0 c: ~o:::o»m:::OC~mO:::O:::OZm ro :::oen:::o Z:::Om I:::omr~-iÇ~en-l~~~:::O Cenm-im:::oom _m:5:enm:5::::oen-l~~~men :::o~en:5:enmCZ~ z-imm m,^m:::O-l0o:::o~ en -im-i<m-i:::o en:::ozo~o \II:::om:::O:::O m~-iZenmz»c: Cm-ic ~«~:;E:;E~l8 :5:-iS(-iro:;E-iOo :::0:5::::0:::0:::0 Þo z»»Oz men z»ro»<-i Z»mz~-ien» :::om 'A:::O:::O~-I Z~O-i -O»C: \.11 ~ VI 0 0 I :::. -i ;0 0 m F < Or :::0 Om -i C ~ r men.,,"U:::o "U - r :::0 - » m r>~ en ~oG)roæ ~zrm Zr:::O ~-i~ en~~~~ mO~~ G)om o ~zmeno X~-i en~:5: I OO:::O-iiZ-l"UrQ ~~ Z OC»· om <"V :::'x G) :5:rren-lZ -im ~~ ~ ~~ S(en -» -i :::oen Œ I:Dz en m C:o < :::!m m oen z z c: en m ..... .....C11 0') ~C11N""'C11 WO>WN.....0>..... wè..>oÔ>.......w".Þ. 0000000 0000000 0000000 ..... 0') .......... W.....N~ w"c.o".Þ.:""¡ OOC11CD OCO-...JC11 w ..... W W ~O-...J è..>è1èo 'CD ~ 0 ONWC11 I , I I I ~I~ ~ ô>:"" o coco ON -...J I\) ----.--/.-..--.- . N . y ...a. en enen~ yCD !» 0 w w- OCD~ O.þ.~ I N Ì'vw U'1 CD co CD è1".Þ. 00 00 to) N N C11 to) N N N èn C11 o 0 000 0') ~:..... I~ co~..... !C11 ..... c.o U'1 0') 000 0 000000 00 010 0: I· . ~ ... I I I : ..... I CD ¥ U'1 0> ~ C11 co c.o W ~..... I' : o <::>.,<::> ~g4.<::>..i 0LS'_ 0 0 I I I I j') -...J ..... o tøN -...J W en C11 N ...a. CD CD ...... o 00 - ~ ~ N C11 -""¡N en 1(;, iÌ'v '0, 100: en Lc.,) ~.I~ 10 , I I . N I . ).. N I ...a. I en en I N ~ c.n I I ..... U'1 CD N ..... co yCD 000 co CD ..... 0 w èn- U'1 -....¡ èn C11 -....¡ 0 CD~ 0 0 N c.o 0> 0 .þ.~ 0 0 .þ. ~ CD :::0 m < m z c: m - m >< ." m Z C :::¡ c: :::0 m :::¡ m 3: I:D~ c:C cO Q" m-l -I~ m z o c: 3: I:D ~ Z o m en m ><:::0 "'m~ m<O zm-l 2zc: -Ic:~ C:m. :::0 en m- en ~ -I~ 0- -I> ~I:D ~. 1m IG7A~A en -I ~ (S-I ~:::o~." .."mm omz!: .,,:::0-10 moO~ ~c"'z -Im~!: ZZ<-< Q2men ."ZZm c:QC::::o zc..m< c~~o enZZm oc:cen o~mc _:::0><_ ::10-<"'< I:DNmëñ Z:-'ZO mNCZ co- 0-1 U'lC: :::0 m en o ! ""D ¡g ~ ~ ~ ~ g ~ ~ ~ ~ ~1~ ~r~~~¡~~I~ ~.~ ~~- -i -i U> () -i r m m 0 "1Jlm :::0 :::0 Z rim r:::O -:::! ~ - ÃJ ~ m OJ I ~ ." C ~ ~ :::0 0,:::0 0 m :::0 ~!:::o mm ~ Z m Z m ()z § c ~ () ~ ~ 0 0 "1J ~!()O ~ ~ ~ -ilc!:i:: ~ m" :::0 U> < r 0 - - ^' Z Z 0:::0 -i () - ziU> » :::0 m U> ~ ~ m "1J 0 ~ G) -i m m 0 -( Z 0 m G)'m Z () Z >< () » e: G) :i:: Z G) ~ PJ 0 OJ r r ~ ~ U> ~"1J! '-i ~ G) ~ -I 0 Z m mmG)> m:::om:::OÞ»-(-i:::o mz."zO:i::() m ZZu>:::o c"1JmmmOJ():i:::::o 0 Z-im~-I"1Jm >< m-i OJ "1JI()"1JZO-imm ~ » mmÞm ""D ~ » U>O-im-i:::oCZ- UJ Z U> ~Z m r ~ ~ ~~ ~-i~ ~ ~ ~~ ~ U> c :i:: ÃJ -i ::¡ m :::0 ~O e: :::0 U> 0 Z ÃJ < m z m () ~ ~::¡ m Z ~ m U> -i m 3: ~ Õ m ~ ---+----- --- ---- ---"-----r--- ! ..........I'l\.)wl\.)..... ..... ......¡OO1l\.)tOW.....¡W..... o -...... II....... -...... ë:n "0 "0 è11 '0, 000000000 o 0io 0 0 0 0 0 0 cø ......1\.) cø..... '0- o~ 00 I\.) 0)..... ! I.....¡ 01..... W CJ1""'¡ wi..... I\.) II\.) O),.þ.. .....¡ ..... ..... (XI to ..... 0 IÌ\J è11I"o '"+>- è11 <0 0, "0 Ì\J <0 o 0!000..... 0 OO.....¡ 010 0]0 0 0 to 0 0 0 CJ1 ,...... _I\.) I-W 0) .....¡ w.þ..lw 0 ...... I\.) w .. ¡.. 1- ë:n (»!.þ..I""'¡ W (» 01 .....¡ 0 olO),tO 1\.),0) 0) .....¡ 0 0 0 w,.....¡,1\.) 0 .þ..!0 0 0 0 to 010 0 0 0 0 0 0 ..... ...... .................... ""'¡:.þ.. .....¡010'W.....0.......... to 'I\.) "0 ë:n è..> 0, "0 -...... <0 <O.þ.. Ì\J 'è..> 01\.) W.....¡ 0 to.þ.. (» 0 W 1\.)'0) 001.þ.......0.....¡01tOO..........WOO .þ. NI\.) N .....'w N<o'....... cøOO .. 0 0 ..... ...... ...... ..... CJ1(» '............ Ì\J w a ë:n ~ ,....... è11 (» I ....... 0 W 0 l\.):tO.......þ.. W 01\.)0.....¡0.....'.þ........0...... I..... I\.) 01~ ~ I ! I , ...... W ..... j W to ...... w iw 01 W ..... I\.) W .þ.. .....¡ .....! W .þ.. (» CJ1 .....¡ Ì\J ....... 'a '"+>- è11I<o '"+>- è11 ë:n -...... OWOOOto(»O(»W 0....... 000 (» 1\.)01\.) 0 (I (I Ø') -:..... o , cø 010 1CJ1 1\.)è111\.) .....¡......þ.. (»toCJ1 w OJÞ e:c cO ,,""D m-l -I~ m z (") e: 3: OJ ~ z (") m ~ m ><ÃJ ""Dmþ m<(") Zm-l 2ze: -Ie:þ e:m~ ÃJ ~, m -' ~ - ------~."_.__."-~ Þ -I~ 0- )!~ ~OJ ~ m /~:zA~A ~ -I ,,~ þOm ~ÃJ3:""D ~""Dmm omz!: ""DÃJ-I(") moOÞ ~C"T1Z -Im~~ žz<-< ,,2m~ "ZZm e:"e:ÃJ zc..m< cÞÞõ ~ZZm (")e:c~ oÞmc _ÃJ><_ --<""D< OJNmCñ Z~...... Z- mNcO CO-Z 0-1 (Ie: ÃJ m ~ 16:;¡: 14 ~ A ! I ! , I , : "'1J0 š: T1T1T1 C 0 oor () r"'1JOCJ T1 T1~~ » š: en » I I »-1 ccm z r OT1m r o:::C-lO r r r r C » "'1JC -:I: Z mm:::c 0 "'1JT1G) m mz:I:» m mmm -I :::c -I, Zm 0 rr-l T1 -I -<-» :::c Z-lm-l m m mlm 0 z zO ::0 -I:::c :::c »»¡= 0 :I: -Or ^ en-:::C:::c -I -I -11-1 en -I m :::c zm» m ^- Zo 0 zz- z en mZmš: z š: š:¡:::c -I Z rZ < G)"'1J "'1J oo~ š: G) G)eno :::c enG)o 0 » »'š: :::c » men m enm m rr:::C :::c oc< m »»c Z zzo C Z :::cC Z ~~ ~ ccen m Qo :I:"'1Jm 0 zz- š: -I-Ic 0 0 en~ e: CJCJ- z c »"'1J:::c 0 oo"'1J » mm-l ^ m -<z m "'1J-I -I :::c:::c:I: ~ z :::c1::-I :::c š: ZZen en - __m G)men "'1JOm Z eno m r - Z oo:::C T1 0 »»- :::c S; -1m >< -z r men- m:::cz -I zzO ŒG) G) »»CJ 0 en Z Z :::CCJ-I m š: Z m "'D ZZ- :::c G) G) š:-:::c Z oom 0 š: m en m -1-10 mm Z 0 š: -z » en š: c enenO T1 -10m 0 c en m Z "'1J- 0 » "'1J _ m en-"'1J 0 »en ::¡ "'1J "'1J en en m z» :::cT1 e: r š: T1 - G)- m -I ::0 0 :::c m m :I: en en m en en Z m ::¡ -I -I š: m "T1> 0 I i: > o~ » ::Oi: "'D r I ï en ï "'Dm m 0 mZ ï "'D ::0-1 ñ m -0 > t ~ g"T1 Z I I tD> m::O tD e:0 =! zm ~ ..... 00 Z 0< ~ N 0 :..... 0> N ...... (i')"'D s» W (0 0 CJ'1 ~ 010> ~ ~N N .-..J IS--> ..... .0 00 (i') -m en 0 0 NO 0 <00 0 0>0(" N . ON m-l ZZ m ...... W CJ'1 0100 ..... CJ'1 -I~ "T1 (i')e: 0 0 0 00 0 0 00 0 000 0 0 gig 0 0 00 e: ~ 00 0 0 00 0 0 000 0 000 0 0 0 0 0 00 c..m I Z , 0 » ñ m Z en Zz m e:o en (') (') >m e: 0 ::0>< 0 i: i: -<"'D < tD tD Nm Cñ ~ Z ~Z 0 m NO ..... W , ..... Z 0 0- Z , (') 0-1 (0 ...... W W I\.) CJ'1 0> W Ò> ):.. -..... (0 W(ON co , W ):.. m U'le: -..J N W 00 0> 0>0>0> 0 ~_Io 0 "-.J 0 en I ::0 W W N 0 010> (0 N CJ'1,0> 0 0 010 wo 0 0 00 W 0 m I : I I en m I ><::0 "'Dm I I I m< > I Zm (') I I I I 2z -I I e: I I -Ie: I..... e:m > N W ..... ï .....I~ ..... 00 ...... ...... ...... ...... N ..... 0') 0>0 ::0 en <0 ):.. N ¡. 1\.)........ 0 ON m- W W ......:N N 0> -..J 0 I\.) co -..J W t~ W 0> Ol~ ,þ. ..... "-.J. N CJ'1 1\.)0 I\.) (0 0 en -..JCO (0 0> ..... W ~I 0 -..J o.o.~~ 0> W -..JO 0 I\.) -..JO I ¡ > i -I~ 0- ..... N :~ .!....I\.) 1.0> Is--> ..... I ~~ s--> 0 I~ I\.) W .....o>w..... ...... .(0 -..J ïtD I 0 1-..... I Ò> o>-"",-Þ. <o~oo (" ï 01,þ. ..... ...... W 0',þ.0 (0 01 ..... ..... 000 00 0> CJ'1N 0 -..J 0> 'a 0 CJ'1 g ~I:::I 0 -..J -..JO 0 0 0 m o 00 (0 ~ 0>...... 0 01 (O'oo,W 0 ,þ."-.Jwo 0 0 0 0 ~ ..,., "W-,'u .__"__"",....,-,_ /6 ;Z 4~A -t I 0 ", > > 0 j>~::þ r - OJ :2 ;::oZ -IccG)S:c-t »CJ) IO-l ""O¡='> -tz;H m-o~;::Oo' m^ " ;::0 ;::0 CJ) 1 m' m " ° (j)" ;::0 0 (j) - 0 - ° ;::0 (j) m < < -t -I -I CJ) :;:! "TIm CJ) s: < »:~ ~ ~ c: -I Qo < mm ,,-1-1' (j)ZUJ UJ-t;::o m "TI"TI >;::o;::oOI;::OO-t ()>co""OS:~r »""0 Z 00 z»»-t-t-l » Om~þ-t-C c: ;::0;::0 CJ)zzffi~oo Ir~r~~~Oz~ ~ ()() ;H(j)(j)"z~~ ffi~crn(j)o ~~() ~ ~~ ~E~o~~~~d~C~ ~~ ~Qo~ ~ -1-1 -t mm ~-tQo""O zS: ",mo z »z O()""Oz"(j)c:> s: mm mOz c rG) omoCJ)~Zlmm ;::oZ "C(j) - -t m or;::O--t oOz »-1 >() -t ° Z -tr-lmoCCJ)C_c-I r -t» c: -t ~m~CJ) G) ,- --I" > () m()> OI :2""0 z- m CJ) 1 m ,,-1""0 -t-l -tS: G')O - -t _ (j) 0""0 ~(j) >m mz -t > - >;::0;::0 m IZ m~-t m G'»>" 0-1 ~ 31: '>Om m m (j) ~ c: m 1"31:'" " ~ m c: -t Z I",m~ < -;::0 Z r CJ) omZ- m m C Þ m _,,-to CJ) CJ) CJ) ~ CJ) "'-0> mo Z "c~ N..... ..... >m"m WÒ'1'....¡..... ww..... ....... ::Izm> N.þ..loo encoo> CD<O .þ.00 I\.) .......... ..... ZC<~ CD .....100, N CP .þ.1 CD <0 W 01 WI\.) 0> 0> ...... 0'1 G') - m CJ) '7Þ. ~ 10 ....... 0 ,:..,¡ '7Þ. ~ "Co 0 Ò'1 W Ò'1 Ò'1 W a, ~ ~ c:z m o 0 'I 0 0 0 0 I 0 0 0 0 0 0 0 0 CD 0 \II " 000 OOO! 00 0000000 .þ.oo §c..m< m c~~ñ z CJ)c:cm o 0> CJ) c: o,,~~ 31: 3I:~",< m mNmCñ " z:-'zo N > mNC .......... ~ z Co~Z 00 I..... 0 --. ~ . ~ 0c: ~C11 . 00 m ~" o 0 0 0 0 0 0 0 m ~C?__c::>. 9ntc:,jC? +. 8>.<=>J ~ CJ)_~__ m I m i ><" "'rn> m<o zm-t ~zc: .......... .þ. -tc:> CD ""'.., CD <0, .þ. c: m .- ...... ...., ,..... CD <0 ..... ! ..... CD - CJ) I ~ cpco ~ _I ~ .. ~ - ......0,0 ..........¡ 00 100 ' .þ.co m- Oco-" 00 N I\.) , .......þ.I'" CD 0'1 .þ. T-- 0 <:>t ~ °rC!',09-9-1<=>- "" '" 1° IJ)- I I -t < ,!')...... I I ~..... 0> WC11""¡ .......... ..... , o-tr N.þ..oo en CD<O W""¡'I I\.) ............... >Þ CD ..... 00 .þ. ~ ~ CD <0 ..... .þ..:..... W 1\.)0> 0> en .þ. 1 m '7Þ. ~ 0 I ë.ø w a, ....... :.." '7Þ. ~ I ëx> Ò'1 W Ò'1 Ò'1 Ò a, ~ 1 000 CDOICP 00 OWII\.)OOOIO .....0'10 m 000 .....0'110> 00 en.....!C11000'O 00'10 01 .-- ---- -- ïJ Z :::0 :::0 ïJ -I -I 0 Z -I ~ I ~~ tr I ~I jj~ cn+:::o ~~1 ~ 1....;c,:Þ+J ~ :::0 en m mOp:! p:! -I 0'0 ~ 01" m mOm m ~ ~ m en r m -Iz c ~ ~ ~ m m ffi:::o -n -I :::olm ~ -I () en G) z m š: ~ ~ ~ ~ - ~ m OJ " ~ ~ :::0 m íÎÍ - -I ^IZ -I ~ ~ ~ ~ > ~ OJ en :::0 m < B Z 0 c :::om 0 0 () ~()-I ~ 0 ~:en I š: en <» r- en ~ en men m () C r Z Z O· -I enic Z m m m :::0 en -I en š: < -I Z ~ m ïJ 0 G) m m Z ()o P ~ ~ ()'~ en Z () Ö en» ~ Z m S2 m ê ffi o ~ ~ BI~ 0 ~ ~ ~ m ~ ~ ~;~ ~ ~ ~ ~ ç ~ 8 ~ ~ ~ ~ ~ ~ ~ ~ enl~ ~ ~ () :::0 ~ ~ " ~¡m Z G) ~ » :::0 m š: -I ïJ ¡= C " rT'I:::O en()m-lcm menOZ! ()c rmen-lmïJ:::Oc:;O~ ~» -1:::0 š: mrš:»en 0 ~zzm Zr en~OJ æ~ »»:::0 -t ~()G) C o enC F-II ::u(j-< ~ ~~en ~ B, m ~ en 01' I :;0 ïJ r :;0 :::Om mZ' Z m m m <š: "1 G) < Z :::¡ ()m c.o 00 -..¡ o 0 0 0 010 0 0 0 0 000 0 0,0 0 0 0 0 .þ.c.o ...... W ONN......W -:..., I\.) I\.) I\.) -..... 10> l'i-v 1\.), 00000000 00000000 QO .þ. ~oo ......01 00 00 --..I (}1 00 000 00 (.¡J ...... ...... - - .þ. c.o en--..loo ......1\.) I\.)--..I(.¡J c.o.þ. 00.þ..þ..þ.00>000 w ...... (.¡J 00 01 0 ¡ (.¡JI(]I O1'".c:..W 0""" (]I c.oO.þ. 00000000 00000 en ...... --..1......0> ex, (.¡J.þ.0 .þ. --..10000 N ...... w 0 ~ N I\.) I\.) 0> ° 0 0 0 (.¡J c.o 0 0 0 0 -.- .. , , , ~I co 0 I ...... 0>1 I\.)+<?,-..J~ .. i en c.o ffi QO.... --..I -:""oll\.)'".c:..¡ W ....Iw --..I i ~ --..I1(}1 (010 ---+-----~--------+ . I ~ J~ ...... N .þ. ...... ! , I\.) N ~'~ ...... .þ. 100 .þ. ...... en .... ...... ...... N N~ ex, I 'i-v I\.) 10 ex, ex, ë.n '".c:.. ......., 'i-v c.o- ...... en ...... en~ I\.) 1\.)101 c.o ...... co en ~I~ g~ c.o --..I co 0 (.¡J (.¡J I\.) 0 (]I 0> co W ~oo 0 0 coo (.¡J c.ow (]I ......10 0> I> tDc Co C" G')-I mm -Ic m Z (") C 3: tD ~ Z (") m en m ><:;0 "m> m<(") Zm-l 52zc -IC> Cmr- "en m- en - ~-----".. - _.---+--~ > -I~ 0- ~~ r-tD ir- im I /6:z. A-84 , en ~ ~ >(S-I ~:;o~" :;o"mm 3:mze >:;0-1(") zoo> >c"T1Z G')m:;otD mzm> 3:C<-< mz~en ~G')c~ .(..m< >::Þ::Þ(") czzm 3:;cen z:;om52 --<>« en ,,_ -IN men ;;C......z- ::Þ cO -IN-Z _0-1 Ooc zU'I:;o m en o n" » 0»'" O()Oï() -IC~ -IO"mï IO» I"U"øm;:a mOr-~m-<()>:::cm ;o<'o~;ozmÇ@iii š:: (J) c: » ~ I ø (J) 0 :::c z ~»c~r-»()C<mC: ~~~~~z~~~8~ »Zm mZ:::Cm-;O>< r-~o ~øø(J)(J)o" o-<c ~Qomøzz ~ ~Qo~ z~(J)møøc -m::::" G)'-J Z ,,::¡ ~o~ m~ ~ ~c: r-C-I ><»» ;:a O"U ,,-1 ï m c:š:: mO ::¡ ~m Zz m s;z tA 3: -<-I ~ ......... 00 00 000 ... CCI ........... .WýJ.N '".Þ.:.... 000 00 000 000000 000 m z o c: 3: aJ ~ ... Z en 0 ë.n 00 m o w tA OOOWOO c.o CD ... ...... WOW N N ........ 0> o I 0>: .þ. ...... O~.~ .....,¡ ¡ 0_:"1 ~ Ii OCD CClO...... CClOW ... .þ. CCI..... :...~ c.oo Wo .....W...... 0,0<0 0001 NOOW .....,¡ aJ» c:C cO G)" m~ ~~ m ><;:a "m» m<O Zm~ 2zc: ~C:» C:mr- ;:atA m- tA » ~~ 0- ~s; r-aJ r- m /6.2 A-pA tA ~ ::E'T1» »o~ ~;:a3: ;:a"m 3:mz »;:a~ zoo »c'T1 G)m;:a mzm 3:C< m-m zzz ~G)C: ,(..m »»» cZZ 3:C:C -»m z;:a>< ëñ-<" ~Nm ~~...... z ~N2 -g~ °tnC: Z ;:a m tA o "0 "01 m " » » z -i "U (') -i 0 Z "U ,,'m ~ ~!:: J: ;:u C/) ;:u 0 ;:u ~ _ r e e C/) ~ 0 m m -i -i s;: r'z» 0" m mOm < m 0 "" rnddeC/)~~~ffimz8G)-f ;:ulm~-i'(')~mG)z ~ -ic/)-~J:»~o;:u~;:uoffiz-f~Z~~~;:U~~~~ ~~~z~~»~(')~~(')mQ~;:uê-~C/)~~~øc - e(') - ;:U;:U0-i_o;:um»C/);:uzmm m mm ~~~~~~~~~"U~~ô~~8~ê~~~ ~~~ C/)@zm»m~s;:~~ro~,,~~~(')~;:u;:u;:U S;:õ"O ";:u~ffi;:UG)"Uro(')~rrmø;:;a"Umz~~~ ;:Umm ~ roJ:J:O-imrC/)mmøm (')e r mØ~ ~»-io;:uezz~C/)øoz mr~» C/) ~ r~~Z »-iG)> z~ »»;:u 2 em r C/)r »-i ;:u-i~ _ "U C/) m ~- (') m"" C/) m øO J: ';:U mZ - :::¡ < ;:;a Ô m (') < ~ m 0 C/) m ø i U1 w..... wi..... ..... ..... 1\.)11\.) 00 ,.......... 00 .þ. ..... <.01<.0 0> 0 '"00 I'".Þ. 'N IN '".Þ. 0 '0 Ò1 0 I'".Þ. 0001001000:000"-1 o 0 0+-<?~~_c::>jC' 0 0 0 0 0 U1 ... i ... W '..... U1 !D ..... 0 U1. U1 I\.) I U1 "'-I W '"00 w 0> '"00 '~N 1'"00 -..... 0000000100 00000 0 010 0 00 ..... I Ò1 , .þ. 010 ..... ~ 00 I w 0>0Ò1 1\.)0 <.001\.) 1\.)0 0U100001\.)0 0000001000 ! ..... -I\.) I_I\.) ~ "-I I\.) ool.þ..þ. WOÒ1 1\.)11\.) 001\.).....0010> "-I'.þ. o 0 0 0 <.0 <.0 U1 C'J~~g 0 00 I U1 Ø) W ..... 0..... 0.......... .þ.<.O ~~~~~~ ~~ U'looOO>O>oow ..... 1\.)1..... Wi..... ..... ..... W ..... 0>'1.þ. ..... 0010') 0> 0 N I I\.) '".Þ. <0 0 Ò1 Ò1 IN 00 W.....O 0""'100 OIW o 0 0 0 ..... <.0 0 0 .þ. 0 0 010 ..... W .þ.WI\.)....."-I o <ON-""''W W.þ.OOO"-l OO.Þ..Þ.OO"-l (X) /6:¡. fig-A ø -f » CS~ ;:;a~"O ::e"Omm »mz!: -f;:;a-fO moo» ;:;ao"T1Z ~m;:;am »zm» zo<-< »-mø QZZm -~--¡l m Q ffi ;:;a m ¡~c... < Z im»z»õ o !Z z m c :-f C 0 ø ~ I, »mo m i"T1 ;:;a >< - ~ 1m ~¡~ ~ z !E;~""'zo o i N º Z m O-f ø °c U'I;:;a m ø m» cO 00 Q"O m-f -f~ m ><;:;a "Om» m<o ~m-f - Z CI -fc» Cm~ ;:;aø i m - I ø I ! df~r+' ~I~I ~m ~ m /{,x A-rrA (') '~ ',.', I a OJ - a š:"" ,,(') ('),(') a OJ"!" ::u --i e -t -i - e e m¡r r a -i air r ::r: ¡=» ::r: Z m¡m :::0 a a "U ::r: » m m m mCJ'--tmarr-i-i-i-<m-i~~~ :::0 ZOO :::0 :::0 » » I::r: ::r: ::r: Z :::0 :::0 Z š: e -t a a Z Z!m Z Z G) m ~ Z š: e G) -t » "U "U CJ CJ':::O G) G) D š: a» m¡ -tf)š:!þ'-mmrrOJ (')C: ZZ_· O::r: 1 0 ~ ~'e c: (')1:::0 » ::r: - š: -i m -t "U -< -a OJ OJ ,m Z » "U >< » Z :::0 m -i -i :::0 :::0 ffi I Z CJ :::0 :::0 » ~ -a .-m~ ~zz(')(')š:~C:G)m Z:::o~ (') ~Im G) G) » » - r Z m "U ¡:ri -i C » , š: :::! m Z Z (') " en » Z en ::¡ ::2 ~'m, Z ~ D -i -i ~ a :::0 » e -I m Z (i)"U e en en en ¡ :::0 en Z ::u »D-i m"U"U- I š: i ('), m C/) .-e ><rš:en en I m - -t O"U -añi" -t .,,!¡ eš: men~ I m -1m Z -i ~ Om !þ z' C/) , ::u~-a :E-amm -< -i, rn mZ!: I I:IJ i » I!¡::u-t(') mOO» e'C ::uc"'Z N cO ~m::U1:IJ 00 0> ->. en .... '(j) · (i) -a » Z !;2,~ -(}10> ......-....J 0'1 101.... .... I m-t Z C ' ÙI "0 Ò1 1.0 '"co (]I.... !'o a W (]I U1 N, U1 -t I ~ »-mC/) 00'0 ......0 0010100 000,0 (i)ZZm 000 Con ° 0 0 ° 1010 0 ° ° ° C?1-Q_,_ -~--- (i) e ::u m mc...m< Z i\fi1~~Õ (') ~ecrn e ~ .»mc I:IJ .,,::u><- ~ --<-a< mNmCñ .-......Z- ~.þ. .... Z C~ 0 .... (') NCZ ,þ.'".Þ. '".Þ.<o.....þ. m c- c-t 000 - .... ,N U1 -....J (j) C/) Cone W .þ. 0 0'0 0'1 -....J U1 U1 ° ° 10 ° ::u m m ><::u C/) -am» m< Z m'(') Cz-t - e ,þ. -te» em.- ~ 0.... sÞ I ::u C/) enO'1OJ.þ. o~"""" ¡ m- o 0 oj Con OJ .... <0 -....J ''''0 -....J ' C/) ...... (j) .... .... 0 ~ ,~JO'1 ~_ ~1S?0 10 ~ I » -t< 0» 000>->. ~!þ -(}10> 9"1 ÙI"OÒ1 .-I:IJ .- 000 m coo co "~.".,,,-., -,...-......-.'.'. .,-.,,~,.. '0< . '" ..,,_...., "-~._"--- '"."._.>o_._____~.WF·_·.···_ o .~ ~ ~ ~m 1 m o "U z ::0 ::0 "U -I -I 0 -I ~ ~ c: I ¡ "U CIJ ::0 ::0 I ~ z 16; rii ~::OCIJ~~~~~~OÞ o~~~gŒ~o -I Z ::o~c-l-l-lmmm::o::! ::O_ïO-mcZ ~~Ic @Z~mro~~~::O~~O~~~~::O~~>:~ m~~ ~zOC::OOOO~J ::OC_mCIJm~~ ~~~ ::0 \U 0 C ¡= m z z 0-1 m ~ CIJ Z -I m "",' m -, :::0. ~ ~ ~ m "U 0 G) m m z p ~ ~ 0 ~ ê,::O ° Ö ~ ~ Z ~ C o 0 G) s:: Z ~iO ro ;d m m ~ 0 z ;:;o'~ ~ ::0 r S 0 -I 0 ::0 mmG) ::omÞZzmS::0þ -ClJÞO OCIJ~ o ~ z Z,CIJ C m m ° -I ~ ~ "U m Z ~ ~ Þ ::0 m s:: "U C Z m-l "UO"U-I m~m 0-1 rm~~m::o~ G) ro ~ CIJ -I ~ §; ~ ~ m ~ ~ ICIJ, 0 Z ~Zï I ClJï þþ -1-( ~ ° mO 'CIJ r-l 0 Þ "U m Z ¡ '.m ~ 0 I ~ ~ G) I I' 'l'~ ~ Z ¡Z m I - < G) < .0 _ m - l- -~~, rn_ h : ~ §§'8~ii!§t§8~'§ ;ggl~š~~I~II~¡ I ...... .þ.. .þ.. ....,¡(o(P. ,......(0 CD ...... (p. (0 W o 0 0 ...... ,CD W 0 0)(J'1 0 CI 0 0 0 0 0 0 0 -----r--.~.--- CI 0 0 ... ...... "".Þ. - N ...... ...... w.......þ.. w 0 ...... ClI\J...... 'W...... ~ _ (P I\.) I\.) (j) (X) .þ.. CPO):"'" CPO 0 0 .þ.. VJ 0 NCDN 0 CPO 0 0 CD ....,¡ 0 N ....þ.....,¡ N ....., "".Þ. - NOO . N I ....., I ~ .!D _0) N, -CJ'I-I .....,o~ <Øo)W ...... o /~ :¡ 4~A ~ m < m Z c m - m >< ~ m z, o ::¡ c " I ~ I ~¡ m~¡1J: ¡ 8 n. ::¡ ," ~ m ' ,:110 Þ , ,i:"'~ i: " ¡cOm , ',:Z::Oi:~ . ,I, I:;! ~ ~ ~ Þ 1XJ~~iO 1XJ0 moOÞ Co Þo"'Z g~ Cm::OlXJ m~ ::!zmÞ ~m "'0<-< o ñ-m~ þZZm ~øc::o -c..m< OÞÞ- ZZzO .com ÞÞmo 0,::0><- i:-<~S -Nm~ ~.....,z- ~~00 ~CI-Z ;oCl~ þ(IIC ~ ::0 - m o ~ Z m Z o c i: IXJ ~. Z o m ~ m ><~ ~mþ m<o Zm~ 2zc ~Cþ Cmr ~~ m- ~ Þ ~< oÞ ~): rlXJ r m ~"'-'--~---"~'-- o >: o»~ 00:; -IC_ -Iï11'""\ I 0", I ï1 u~ mOr-....m()> ::0 OO::Omr- š::<C""-Ioo» »00"">::0 0 .... crr-»C< O()>J>O-ïJm ....Ir-<-aZ~::o >Zm mZ--I r-mO ;;oQŒoo o ::o'c > m Z > -<1- .... 0 Q'Q ::2 ~ ~ Z C ~I ....mm Q()m >OZ m~::o r-C-I ><_» OïJ "'Oar ~ ~I' ~ Z !ÞZ en -<-I ~ ---- ~__.o-_ ----t- I , i - ' ~ ...... 00 00 o o~c::>. ...... ::A~"'w OÒ1 ".Þ.,'o 0000 0000 --_.._----~--- 000 N N ~ ëo 0 N <0 NOCX>O /6 ;¡ kA ;;0 m <: m Z C m - m >< "'0 m Z o ::¡ C ~: o en 0.... 3: I> 3:"''''' cOm z;;o3:-a --amm ~mz!: ;;0 ""'0 aJ-o> mo."z >0 Cm;;OaJ ....zm> :;;10 < -< õ-men ZZm ,~ Q C';;O -c..m< 0»- ZZZ~ 'Co en »mo 0;;0><- 3:-<"'0< -Nmen ~:-'ZO enNoZ ""0- ;;00"" >(c .... ;;0 - m o en Z ::¡, ml 3:' I m Z o C 3:, aJl ~ Z o m en m ><;;0 "'0 m >1 m < 01 Zm.... S2zc ....c> Cmr- ;;0 en m- en c.ø eD - ...... wow ...... I OeD co 01...... coow N O')~ w :"'W<O'o -woo 0')<1100 ...... ...... > ....< 0> >!Þ r-aJ r- m _0 _._".,~~~._~____~____.__._ 01 I " ,,1 ! m C/) » z:::O -I m "U () -II š: -I 0 .,., :2: m' :2: r I :::0 C/) :::0 0 :::0 ;:e "U C C/) m :::0 rOm mO m -I r »;:e 0 :;:¡'m mOm < m ~, :::0 -I c Zl» ~ C/) F ~ -I š: I 00 -I ~ :::0 m» -I () C/) m G) Z zO:::o-lc/)'~-Ic"UO"Um m- ~_r:::o»m:::oc> ~ z » miI ~ .,., r I :::0,0 ::0 0 ::0 ~ m t5 :i m r ~ -I ç .... rC/)zo»-:::OÞo"U:::O()()c :::Oc-Š:C/) Š::::oø m c () c,z () m :::0 z'O »10 0 C/) m a C/)::o z m m m m m :::0:::0 m "U'O -I G) -I m 0 ~ z z m >< -I ()> C/) z () b C/)>;:e C/)>G)Š:G)I-<Imor -1-1 ">OZC-lc < ~~~~~I ¿~~~~~~~!;;~~~~:::o~ ~~ m m m -I OJI "U I () ZiO -I :::0 m m m' () G) ~~ m ø š: ~ ß C/) 0 -I ;¡; :::oic m ~ t5 m:;; š:IÞ C/) š: r m ffi r ~."U 0» »~~ » C/)IÇ z -Ii :::0 () Z mz >0 I -I :::0 -I .... Z I Z ~, < z øG) »: ()G) ~ ~ I_~ tl ~ t ! I I '" N o O)c.o'......~ -" 0'1 oë..ni'(,.)ië:>'lno 0 000000 0 000000000 N N"'01...... ? .~ ~ .0:> oo......tCo:> 00.....0 oootCO 0> ¡... r'\J 'N ".¡:,. 'Ù1N ,. 0> 0 I tC I 0'1 0:> W 0 oc.o'", 0 0 ...... 0 0 WN ......C'ON "....JoO> ......00 c.o0100 -'...--~--_._----- --....-.--. .._----. ----- ..... 0) 0> c.o,~,O ..... o 'Ù1 W l".¡:,.!".¡:,. ~ I".¡:,. c.o 0 O¡O1!~ tC ......,..... 0> ...... 0 o !..... ¡N ...... OO;CD ..... I I I 10> ..... N IN NI01~ 'N"....J'WW WI'" ~ N ..... ..........C'O.....o:> ..... ...... ..... Ù1 c.ol'"o:> 01 I '0:> 0 01 0 0 ......'c.o 0 0 0 0 ...... W o:>'~ -" N en ..... I W ca..... -"wwl.....tCO> ¥ c.ol'" N ~\O> ~ 0'1 0:> CD '"0:> ".¡:,. W ê.o 0> IN -..... 0> 000000000 000000000 1 I I I I , 0000 C>i<=>;c>t2!01 I I 1 I I N ..... CD ..... .......... 'I' I ~.- c.o N '" 0 tC ca'"o:>"'¡:" W 0 '"0:>, UI 010 0 NltCl UI 0 0 0 "'¡"'!o I ..... I N -'" 0>-" '".Þ.io! ,w 0 oow W N CD '" '" ..... 0> I 01 N ~ .0) .~ 2Þ i....... '2 o:>......NO)01 _ ...... 00 O>c.o UI 0 OiO 0:> 0:> 0 "'...... ;:e m < m z c: m - m >< " m z o ~ c: ;:e m ~ m 3: OJ> c:0 00 G')" m-l -1m o m z o c: 3: m ~ z o m ø m ><;:e "m> m<o Zm-l °Zc: -Ic:- C:'m ", ;:elø .... m- ø > -I ~, 0- > ~I' ....m ....' m /6~/4P'4 ~I > 0"-1 Om 0;:e3:" 3:"mm 3:mze c:;:e-lO Z-o> -I8"z -< ;:em mmm> mZ<-< >2mø c: Z Z,m -I G') c: I ;:e :;;c...m< -»- OZzO ~c:orn o>mo z;:e><- -<"S 'Nmø "....,¡z- - ~ 0 mNOZ ....,0 ~ 010 c: i UI ;:e m ø, -._~---_._".-_._-> /6~ A~I/ o » o »::2 0 OJ "1J 0 s: ïl ïl'ïl () () () r 0 ïl ïl ïl ïl » s: ~c~ ~O»~-ccmrro()~ïrrrC» I ~i» I 0 Z I Z m m,:;:o 0 0"1J m I m m m m ~ - :::tI m 0'''- m ^ ~ m 0 r r'~ ~ ~ -< Z m m m m m 0 Z m :;:0 Cf) 0 :;:0 Cf)' - :;:0 :;:0 » » I I I - Cf) :;:0 ~ ~ ~ ~ Cf) ~ < s: » C ~o ~ Qo ~ 0 0 Z Zm Z Z,~ m m Oz s: s: ~ ~ ~ ~ » Z ~:;:o "1J "1J 0 0 :;:0 G) G)! Cf) 0 »» ==- :;:0 » C ()o..-~»"1JCf)mmrrOJ ()>CZZZOCZ m ~ I ~ ~ ~ Z æ ~ ~ ~ æ'æ () ~ ~ ~ Ë5 "1J s: ~ ~ c Q () ñi o Z ê 0 Z !:: "1J ~ ~ :;:0':;:0 ffi ~ 0 :;:0 s:1» ~ Cf) ~ Cf) m ~ :;! ~ () ~ 0 ~ ~ Z ~ () () s: » ~ ~,~ ~~ :;:0 ïl 0 :;:0 ç m ..- -< ^ :::tI m ~ Cf) G) \.IJ » » () r - Cf) :;:o~! ~m s: Z z oQoCf) »00 Cf)m~~» Ö S::;:o 0.52 » ~cz cOCf)Cf)r ~m Cf) ~ " m Z () Cf) "1J C _ Cf) :;:0 , Cf)"1J () C i -0 » "1J"1JCf) s:» »:::tI :;!c ~~ !::S:ïl Cf):;:o "1J m ø ..-~ ~~ Œ~ Cf) ~ ~ :;! Om" ~ - O~~ Cz m - Om ~~ z O:::tl3:" ~ m 3:"mm -< ø 3:mZC "~-~ ~+-- - ~-+ C:::tI ~ 0 Z-O» OJ~ :;!g~z ~ 60 m:::tlOJ ~~N - ~ N ~ ~ m~" OJzm<»-< ~_'""-J-'~~!D NWW O~~~¡N!mN 0 m~ mc c.n 0 01 Q I 0 0 0, ~ 0 0 0 m 0 10 10, ~ ~ 0, ~ mc »c -z mz ø Q 0 0 - 0000000 000100 00 m Q 0 0 CD 0 000 0 0 000 0 0 0 0 010 0 000 :::! ~ C :::tI I ~c..m< m -»»- z OZzO o »c m i C :::!»cø I 3: O:::tlm52 OJ z-<~s :::tI I N m ø _ » ~'""-Jz- _~ W ...... N ~ Z ¡:;;w cO ~9 w..... 0...... NW! C.11 0 ..-~-z c.n01 W wëo"'¡::" wol~U'1 W m CQc~ ~ 0> CD co --...¡ ~ W m ~ lco 10 . --...¡ ø U1 CD CD 0 Q 0 0 W ~ N 0 0 ~ N '-. t<:> 0 0 '0 co ~__ ~ m ø ><:::tI "m» m<o Zm~ 52zc N ~c» - ~ W Cm..- ~ co co W ~ N ~ m :::tIø ~ --...¡ ~ 'ò> U'1 ".¡::.. ".¡::.. CD 0 N m --...¡ loom - QCONN--...¡m~~~cow CDNU'1NO N ø Q 0 0 ..... 0 0 --...¡ ~ co m ~ <D co 'co 0 0 C.11 m W ~ 0 0 N I' » -I~ o- N ~ï N N ~ I ~II »::1> CDO>W W ~ N ............C.11~!~ <D ..-OJ ëø '".¡:.. 0, N.!.,¡ ~ ""N ò> ¿" mòo~ òo ".¡::.. 10 ~ :... ..- WWO Nco C.11N --"'¡OO<D,--"'¡~--"'¡:OOO m -~o -0 m~0C.1100co'~--"'¡Wiooo ~ W ____.-'-_._._~,..,_~,...,.'_.._.. ._,.~ 1'"" ............~-"'".."~.-,.^ ~~",' ~., o "'D 1--+---;--'-;-- m o z :::O:::O!""C -i -i'O Z-i ~ "Tl en m,m¡'o mr mr -i ° ° "Tl C ZIZ en :I: - - o -i ,-i -i m m m :::0 :::0 :::! m ~ m1CJI"Tl""C""C :::o,m m Z zoc:::o:I::I:oooC) en 0 C -m 0 0 O:-i -i m c r - Z Z '0 ""Cm....oG)mmzoo>< OJ - '---' r "'D ""CG)s:z:I:OCJ-'en-m em m G) -i :::0 m ~ -i ~'Z rnzzencmmo:::O-ien m-i ""Co""C-im m G)~ en-imC- m r en:::o :;Þ s: Z rCJ m enc ~ m:::O r :::o~ 1 <s: Om mz en-i 1 i "'D 1_-r", ,. .: 1,' -+, .- ~ ""C en :::0 1:::0 en CJommO en ,0 en G) Z o»mc:þ -I:::or~ç;:, Omen' m :::0 en -I -i m"Tl en m :Þ:::000 ::0 , m c' » < "'Ds::::o:::oç;:o ~~~~~rn en-ls:ç;:en o »:::0 Z -1-< :Þ 0 , :I: en - m z ::0 G) < ñ m en I\..) ..... ..... (X),N úJ úJ..... úJ (J'1 0'> NW Ie Ü1 0'> '".¡:.. Õ':I '"-....¡ o 0 0,0,0 0 0 000 o 0 0'0 0 0 0 0 0 0 I..¡::. úJ --.!'"-....¡ 0'> úJ (O--.O eno.......¡::.--.o úJ ..... 0'> úJ ''".¡:.. (J'1..... O'>OúJ.......¡::......1\..) "¡::'ONOlúJC110 ..... N .....wèD --......(J'1(X) oo--.eno(J'1 ~ ..¡::. ,(0 .....IN ~1~10 0 I I 0'> ..... lO!~1 I i --.!=·.....I' úJ Ü1Õ':1 'œ .....,0'>00'> NOO ..... I W I úJ ~ ~ l'~ l'~ ~ 00000 00000 I 00000 !::o m -~rOO< Z Z'm c m -I -i r''T'I Z mm-'^'c :::0 :::0 Oz » m rnrncOen -i-im~;d Z-lZrc O's< -i 0 0 o »:::0-1 s:oomc mO<S:::O -I F»-Im ~ ~5s< :Þ -i:::O , Om ::0 :::oS: m -i ~ s< Z c m 0'> 0'> ~ N ~' 0'>0 en 00 0 ° 0010 0 ° 0 0 010 , (J1 I I .... 0'> I' I (J'1 N ~ CIOW: ~ ~ ¡;¡ ~ ~~- ~ ~wJ~l~ I N I N 0'> ..... .....,..... N Uw'".¡:..'"-....¡N-"'" U)--. (X) oúJ ""0 co OúJ __......---._m._..·.'.·.,u.___.' m·<·, .....¥~"'.........,,;.... ~.,.. ::0 m < m Z c m - m >< "'D m Z o -I C ::0 m ::¡ m 3C m:Þ cO 00 C)"'D m-l -1m o m Z o c 3C m ~' Z o m en m ><::0 "'Dm:þ m<o Zm-l 2zc -Ic:þ cm, ::0 en m- en 1 ..... ~CIO _..... i CIO N CIO 00 .þ.(OúJ /67- IJ~¡J I en ~ en "'"-I Om -I::03C'''D ::O"'Dmm mmZC ~::O-lO -0:Þ I~g","z :I:m::om -Izm:Þ -0<-< Z-men C)ZZm .C)C::o :Þc..m< O:Þ:Þ- 3CZZO -',C Om z! en -:Þmo en::o><_ -1-< "'D < ~NmCñ -I:--IZo oN2z Z°-l °c (J1::o m en I?.J:- A-~A 0 » '''0 0- -;-t I» I ÃJ mr- m m ;oO-t;o < ~c:~0 m »-t»"1J Z -t()~r-m c: m ~I-<O~ - m Z "0-; >< »m m- r-;o ~Z "0 m 0-< G) Z »Qo ::!en c "Om ZC ::¡ - (i)"1J ~O "1J c: r-C mr ÃJ '(f) 0"1J ?;;m m I -t ::¡ .,,» c:Š:: men (f)0~ -tm Z m ~Z (f) 3: -tÃJ3:"tI -; m ÃJ"tImm -< (f) m zr- m m ,- IXI» -tÃJ-to r-OO» c:C (i)C"'Z '" cO ::J:mÃJIXI (i)"tI -...... en...... m-t -tzm» c'o .- -c<-< co c8 -tm Z-m(f) co co C (i)ZZm ·(i)C:ÃJ m »c...m< Z C»»:õ 0 3:zzm c: zC:C(f) 3: -»mc IXI (f)ÃJ><_ ~ -t-<"tI< ~Nmëñ - Z -t~~ZO '" 0 oN2z ëø m ZC-t - (f); Cc: CO ,"0 '"ÃJ m m ><ÃJ (f) "Om» m<o Zm-t 2zc: - -tc:» C:mr- w ÃJ(f) èn m- N (f) CO ,"0 ~ -t» O- N -t~ -...... en...... ~IXI c'o ÒC)- r- co eno m co cg ...... CJ'1 /~I Af,4 o . ,0 I " ï - ~ Co »Z~' m-0-6 m1, ~ : ¡Ail,', cn-::Ol, (5 '" jJ ~ G)~-t -tCen~m-lz¡~ mom<mo I;C:Þ I-ICOïIG)i-t -IOenmG)Z -I 0 · -t m 0 ;C -I E m z - ;c» m ;c¡c :Þ z < 0 0 ;C - » ;C r ;C m Z -t miï ;C -Iï . C -t 0 Z Z - J> 0 m G) 0 Š:len <'Š: » G) g:!,-t :Þ ïJ en OlO;C o;C m -t mim m m ;C:(I) -t ïJ::::" r . m C m-l Z - >< :Þ ZO'" en,m o 0 ~ ~ 0 ;:u ~ G) -< ~ -I Ô " . -IIC 0 »~, -t~-I ,,»zm ï;C.,,~,,;:u;:u;c >:õ :Þ en en m -110 z ~if)m (I) m m -; en ;:u m ~ G) ~ Ôim m~ I -I m m ~ ê -< ~ m (I) _ mz -t ocen OrŠ:» en , -en z» ZJ>)>;C :5! m Z C1 ï m ï :Þ ;c -I -< ~ ~ G)ïJ¡ en. 0 . ï m~ ~ (I) I o ~enm < ~ ô c m ° < -t Z m- r (I) en 0 ;J> m m < (I) (I) ..... ..... 5» ~N _0> CDW01 000 000 I , , 0>->. ,iN ..... o>--..¡ I I()) 0'),..... ~o..... W <.0 ()) Ò'> ()) Nil' 0, 001000010 000000010 000 .::..þ. '"ccN .þ. 00') -..JC) ---J ()) 0'0 0 ()) 0 0 ..... ..... ~ ~ <.0 t' CD I'~ .....wooo o 0 i.o: __ 0> NQ ,C?,.w ..... 1\.)(0 I\.).þ. 1\.)00 ..... ..... CD N,O> ... ... I... CD WI01 000 000 .::. .......... ~N CD ()).þ. ..... 1 ..... W 0 ..... iN 0, <00 <.00'00 ---Jooo-..Jooo ..... 0> W I I\.) 0> I\.) IN ..... (J1 (J1 Ì\J W ~o '~ :....1 000000 000000' I 000000 ->. o CD CDO')C) CJI(o O>-..JCD C)CJI 0> 0 CJI 0:0..... I ..... ' " m < m Z c m - m >< " m Z c ::¡ c " m ::¡ m 3: m:Þ cC cO G),~ mim -tc m Z o c 3: m ~ Z o m (I) m >< "I "m- m <" ZmO Cz-t ::¡cc Cm:Þ "(I). m- (I) :Þ -t~ 0- -t~ :Þm · .. ml (I) ~ .,,-t 01 ,,~ " "mm (l)mz!: -t,,-t0 "OO:Þ ,mc"'Z m "m -tmm:Þ .Z« -cm G)i- (I) J:ZZm -tG)C" z c-m < _:Þ:Þ0 \II Z I Z ·ccm .,,_ (I) -'mc m"><- .<,,< c, I'\) m ëñ ,---J Z - .~ 0 I'\)CZ o::¡ o C. UI . " m (I) /f;,I A~A :::0 1 0 Z -t.:::o m . "'tJ m :::0 ¡ ,m ;::o;::oCJ) o-'mG') 0-1» -1-1< mmm --,Z:::OU'l »;::oZ zz'm :::0 -'0» 0 CJ) <-IZ enen< I--t~-t;::O»"T1 mmc: m m m m;::O - m 0;::0 Z'm en;::o m' ;::0 ;::0 (I) ;::0 m Z CJ) -t -< en:::o -I m I :::0 « 00G')-t»~~(I) ~en(l) m mm o-lm ïOm m-l-t < ~~ OX:::O-t;::o;::O~ zen:::O m 00 -tO~O"'tJ~:::O~~OO -IOO~ Z ;::0;::0 ;::oenm»» -»-t c: 001 >)>-IZ Z;::oOIZ ~ c: !!! »0 ï0;::O~ CJ)O~'~ m :::0 m -oz O~.m ;Hø-o-;::o m¡ X -1-1 "'tJ»I~ :::omOOOJ m "'tJ ~Z mrOO CJ)ZO~ ~ ~ -t ø ~enC ~men- 0 ~ ~ -t~~ O~~~a ~ » 0 Z<~ ~r~CJ)-t :::0 ï rn G')O¡m -t -I» m :::0 m rnZ ~ r : =4 m X -I OJ""'''' m (I) (I) "'tJ c: UJ m ~ -t m m -t I < » :::0 Z - -I m "T1-t < CJ) 0 z Z Om m m Z ø c: :::O~"'tJ CJ) (I) (I) m "'tJmm mZC . OJ!» :::o-to I c:'O 00» .þ.1 U'I ...... W 0 "T1 Z U'I 0'1 ::t.þ.¡ .OOCC . ~"'tJ 0 '... ..... 0) ...... CD 00 I...... ...a. U'I 0'1 CC W I\.> I...... \II -t m :::0 i ..... ën '"0 iÒ> Ù1 0, '"0 Q Q Ò> ~ ""...a. ........ \0 ~ m CJ) Z m< ~ o 0'0 0 010 0 000 000 0 m 0 .... o OiO 0 010 0 000 000 0 - m (I) + . + ZZm I m c: G') c: :::0 Z ~(..m< O~í» » - c: I 'ZZ~ ~ 'C:OCJ) OJ »mo :::0 :::0 X- » -<"'tJ:S Z Nm(l) o ~..... Z- m NOO 000 000 0 000 0 010 CJ) g =4 Z 'U'I c: m :::0 X:::o rn "'tJ m » I m<o Zm-t °Zc: ...a....... ...a....... -tc:» ...a....... CD cc C:mï ,!') _I\.> !D CC N ...... :::0 (I) CDeD ........... ...a.CC...... m- NI\.> 0 0 NO)O'1 CJ) 000 WWo 0000 ...a.w...... I » -t;: . I I 0- I ww W............ -tr- UI 01 WW .00eD »::1> .:"'19>11_..... 51» 9" _...... ~...a. !.II 9" ~ . I I ï OJ ~00) Ul0'10 OWO)...... CD......OO ï OO¡O ...........0 0000 ......W.þ. 1m o OiO ..... ...... 0 0 000 CD ~ W ' ...... ~ -............--"._-~"~ ""'-'-"'-""--~~'--- ",-,.....-.."".,-.-"---,,.-... -_.,".__....."'~--------- /~2 A~A ;::UZ -t ;::u mm o1~ m ::oC/)G) - :.;..~<-- mmUl 22m Þ < -i Z¡ en;::U~ -t::OC/) <0 0::0" m m c, mmm -t-<~ en::Om ~C/)C/) -imC/) ;::u m -t ÞïlC/) :s:::en-t m ïl ;::u 'OQO m-i;::u < -t::o(") 2,en C m o m Z ::0 < ~~O -i1JJ(") -Þ-t C 0 zÞz 2 c' m C/)::O-t rri ;::u - Þ "O;::u m "1:1 mG)- ::om >< -i ;::UmaJ m ." Þ en m ï C/)2 -i Z -t QOm -t c 0 (")::0 0 ::¡ ~ O~ ~ c Z ;::u , -t , m ;::u ;::u ;::u ::¡ m m C/); C/) aJ < m -t m c m 3: ,,~ -t ;::u Õ Z < c Om m Z m ;::U3:'" C/) C/) C/) ."mm mZ!: aJÞ ;::u-t(") ..a. ...... ..a. ...... cC C oOlþ N~ N~ cO zc"Z WW I 00 W N G)'" zm;::UaJ co (X) ..a. u)CD .?5J'15J'1 m-t, C/)zm~ '",þ."".Þ, UI :.... ~-....J NNO -tlm cc< 00 0 00 000, ,c 00 0 00 000 ;::u - I m C/) mZZm m cG)C;::u Z þc..m< (") C/)ÞÞÕ C C/)ZZm 3: mCcC/) aJ -tÞmc ~ C/);::U><- -<."S Z NmC/) (") ""'Z- ~ 0 m' NCZ 00 0 00 000 C/) o::¡ o C' UI ' m ;::u ><;::u m ~mþ C/) z<(") C m -tl -ZC .þo~ -tcþ 00 ...... Cm, WW o ~ \ ;::UC/) 'ê::Þ "0 I g¡ ß ¡~_ m- oo C/) o '2¡_ 0 00 ----,+------------, I ~ I ..a. ...... -tþ N~ 01> co (X) I I I -t, WW . 00 ...... ...... I ~aJ UI U'I ¡ ..a. u)CD ,!D5J'1~~ '",þ. "".þ, I UI :""'".....J CDWN , , 00 0 00 ...... CD ...... 1m 00 0 00 W (X) U'I ...... (X) --^_._,-~~,.~..- '^-""~-......,'-,._-""'""""'"""'-_..~"-'--_..~ o "tJ ° ~!a ° ::u "U ° :E m m .... -i z,o -i m ° -i » Z ~ OJ:o"UJ:Z(f)J:-iG)-t -tm -<m-i-immz- > ::u ::u a ::u m »:::U ::u m Z ïooJ:mo~aomG') o"U"U»Oc Oc::um "tJ m.~ ::u c "U ;a Z » Z ~ m::U»G)"U~m-iC:G)rñ ~ ~-i Œ ~ ~,G) ~ ~ ï1 Z :::! ~ ~ Z -i'~,~ -i¡rn ~ Z UJ -i C m (f) G') (f) m ::u » I» (f) mCO m zr-i ><"UC "U O(f)Z "tJ"U"U » cmG) m c: ~ ::u I "U ::u zmm (f)(f)< en(f)z - m -i a en m 1 ... ..... co..... 01 ..... ~~N_"'" W,NO cø 0 0 w ë» '-...... -...... 000 0 000 0000000000 N ..... 0..... N, 01 .þ.N.......... .......,NW N N '0 Ü1 1-.......-...... Ü1 C1I 0> 0 ....... 1 ~IO....... .þ. WOO W10 aNa 0> ----r---T~T-··;· ...._-~- ~N' : I~ ~ ... ~ N N! iO> 01 0 ..... N '0 '".Þ. 1-""" '".Þ. N C1I 0> 0....... ;~ 0 ....... .þ. W,O 0 W aloIN 0 0> 1 N ..... ¡[I o 1 W ........ ...! ...:... cø .....01 .....0 W ............, O1W '" ° °'00,"'\°40 02."',_ I , en ~ ..... ,!') ~ CP C1I 'N W ...... IW 0 W C1I 0 OIN 0 0 0 0> 0 CP ..... ..... ..... w " m z-i-i::U»~ rri'~ ~ m ~ Z ::u Z Z ~ m c:, m (f) (f) CJc (f) m ï1ï1 (f) ~mm::U~ _::U::U(f)m Z ï1 ï1 mlz a ::u ::u ï11-i OOO°(f) -t~~š:::U"U ~m-iï1"U::U > OC=<Z ï az a " 0 =ü m .....», < ~ r, m Z c: m ~ -11.1 co .....1....... cøNOO> ):¡. Ü1 '01<0 coo,o cooooo COO 010 0 I COOOOO u C ~ .c::>.l.C::»c:? 0 , 1 I 8 01~ ~ I ~ 0 § ~ ~ ¥~_I' , , C1I, ,CP ~ C1I N O1ICP 0 mÜ1'O-~ W COOO1 .þ. coo 0 .þ. 0>1 " m < m Z c: m - m >< "tJ m Z c ::¡ c: " m ::¡ m i: ... >1 - c' C:o C"tJ G')-t mm -tc "T1 000J ,,>c: :e"C >"G') ,,-<m C -t ,>1 OJ·_ C:'- cm G')Z mC -t2J 1 ml z' ° c: i: OJI ~ Z ° m en m ><" "tJm> m<o Zm-t Czc: -tc:> C:mr- "en m- en >1 -t< 0> ~s; r-OJ r- m /~:z AJA ° S; i: OJ > en -< -t ""T1~ mOm ~"i:"tJ o"tJmm ;:omZ!: >'" -t ° ""-0> _°"T1Z OC Zm"OJ ,zm> <-< ·"2men !!!ZZm i:G')C:" OJc..m< C:»o " Z Zlm en c: C' m..... en c.....mc ,,><- 1m -< "tJ < -<Nmëñ o~""" z- ON cO C-Z r-c-t !:C1IC: m " " m ° en o c: Z :;! _.~,--~-"._---^.- /C,2 A-BA o " , I o 0 "'U 0 ~ m ~ š:i:þ -I--IO;;U--l:ÞZ» CIJCIJ OI"'UZI--IG)-I OCIJ -I ~ -< --I ~!~ Z Z m rn » Zz ""'mG) rCIJ IOG)G)oom S;:š: ~~O:Þ~~~~ Z~ ~~~êj;d~G)~ ~~ »--I;;Uo:þ-<ï1Z c' -IzG);;uo---lmen-lCIJ"'U _ m --I-..mmO ;;U Z G) CIJ,CJ m CIJ -I - G)CIJ I-~CIJ » Z C ,Z r --I .... ° mo - I - ><"'U I - CIJ z :xI"'U ,,"'U Iz m G) m:Þ mC G);;u < r zm < m enCIJ - Z m ~ c: en en m I " ~ II cD ex> !» 1151'? ~ I I ~g¡ oO,OOOOIO! --'I-'t ...a. ...... CD <.0 ..... 01 L...... C CDO CD ex> ex> O)OOO~O~ .¡:. v.> I ~ 01 lex> 0) I I\..) 01 '",þ. v.> ën ,~ :s Q.~.O,~,C?l~ .¡:. v.> w ex> 01 ..... 0 0 N. v.> v.> 01 .¡:. 010 0 <.0 01 0 I\..) o N v.> CD 0 I N I\..) <.0 W W "'¡'I~ CII 01 01v.>...... NO......O~01o,) :xl m < m Z c: m - m >< " m Z e :::¡ c: :xl m :::¡¡ m' 3: W ¡v.> N il\..) CD <.0 -..... -.... C 0 coo coo to) v.> +' N I\..) ~cø !D gC),~L .1' I oot i N 'I\..) ..... -.... CD 0') ....a. ~i ...a. ...... CD-....O I I c.n 01 to) v.> c.n 01 co to ,þ-....O ." OOOJ :xI»C: :E:xIe »:xIG) :xl -< m-l i e ' OJ» c:3: em G)Z me -1m e m Z o c: 3: OJ ~ Z o m en m ><:xI "m» m,< 0 Zm-l S!zc: -Ic:» C:m, :xl en m- en » -I~ 0- -I!þ »OJ II m 01 !þ 3: OJ » -<, ¡ 3: " en :xl -I O.,,~ <Om m:xl3:" 3:"mm m,m Z I Z:xI-Iñ -1- » " 0 0: :xl e .,,¡Z om:xlOJ G)zm» ;:oe<-< »-men 3:~~~ Ic-m< ,,»»- m Z ZI~ !: C:1e en o»me »~><- z......"S OJNmen »~..... Z 0 -<'NS!Z enO-l mCC: 1:xI CII :xl I < m 10 en m en e <: ¡ ëñ o Z 10 J:- 11 2'A o ;:a ;;C OJ OJ 0 ~ (") -c Ó I·.;;c -cia :iE m ~ I Z (")' (") -I -I ;;c » Z ~ ~ . .._- m c:]C: -I - 0 ;;C -1m 01-1 » z:Þ m » » :::0 :::0 m C/) < C/) z C/) o. 0 :r: Ô -c Z :r: Z C/) ì:r: -I G) -I G) ;;C ;;C » » ~ C/) m (") c: m G)G) m"TI -< -I m -I-Ilm m Z - »:::0:::0 Z Z CD m C/) m m ;;c mlm ;;C '^' Z - :::0 m »';;C ;;c m Z -I -< -< C/) C/) c:1C/) -I r ~-IH'OOG)~mo~(")omG') <ï1ï1~~:::o~~r» ~ -I-I-c-c(")>oc: O,c:;;cm m00:::O;;CC/)mmz < ï1;;C:::Omm C:-cï1z»-x ~:::o;::u m Z m -I 0 i » .1» :::0 :::0' :r:» Z -c ~ ;;C -I r ~ "'0 ~ :iE :iE :¡¡ :¡¡ ~ ~ -I mo Z O:::OZiZ»» 0 m;;C-l m »»'^''^'mC/)- c: ~ï1c:~~-li~O,~~G)~-<~~ ~;;CI;;C~~Z-C~~ !!! , mmZ m:::O-c-l:r: -Imm 00 -I;;cm m ~ ~ :::0 :::0 G) ~ C/)IOJ» I~ ~ rn C/) en rn 0 G) Ö ~ ~ Z ~ ~ ... ;;C C/) -c C/) ° Z:::o Z» 1-1 -I ï1 m c: Z "TI ("), C/) m ..m-l"TIIC: OC/) r- -mZ ,^,-' m »'^'-cc: 0 z·· ~ m:::OO -c-l Z ::0 (")x 0 -c - Z C/) r.. I » Z C/) ..... -c » C :Þ 0 -c r -c r.. c: m \JJ ! -I -I (") :::0 -I ..... =< r _-I -I (")m-~ \JJ -c:::o mc:»..... _Zo;;cmm C/)< Oo~ro c: Z~r-l!C/)z (") -I-niOJ m ;:a G') r-< -I m :Þ'^':::o < m m~m» C/) ....~» ~ ~ X(")~-c ::OmZ 0 m ~-lio;8 !;2z(") :-01 3: zO;;C' mc:m , enZ zmC/) m c: en en m -I » o3~ (")O~ Con I\.) ..... Con, ¡ ..... W c: Os;: ;:a 3: "'0 Con-...... ..... ~ CD Con....... .¡::.......I-., N C ,. mm .... 0 0, a> I\.) ..... a> NO"" -... CD 0 I a> CD N G') "'0 =- "'0 .... W ën ;"'1:"" 0,0 CD 01:"":"" W:,:.. m o'êD:""01 m ~ 03 !¡! !i (")- 00,0'0010 0 000 00 000 100 -I ».... 00 0 O?~O ~c::>Jo~~ 0 000 000 0 0 0,C)~0:C>21._ C -< ÕIO ~ , I I." I C·." 1 1 I I 0(")03 :Þm;:a~ .þ. I w .þ..::>. I ;:a ~ c:c 1= Zc !;2 -< o ..... I' N a> 0 0 I :E m .... N..... I..... WNO........... I :þ;:aG') "'Ozzen W ;,., 0 '01 :.... ¡:.... ën w w ;:a -< m ;:a ,... c: m N a> 0 -., N lOa> N N 1 -I 0 \II ;:a NOOOWlc:::>19~!WOOI~fOO NONOO~,~lc::::>_O?~_ C ffi~~.S I I o3:Þ .(")ZZ~ CD ~ N CD I I.::>. I....... Iw c: 3: -I c: Clen Con -.,..... I\.) ,-., ~ Con .....I0.¡::.. .....¡-., N C men» ~ p P 9' '~"¡::"I~N j\J 15" 9' ~""'I ~ _-., 1_....... 5D !=> I_a> ]5D j\J G') Z (") ;:a ~ 52 en a> N I-., N 0 ..¡::.. a> ..¡::.. W I en .¡::..¡ w a> 0 lCD -., ~ m Cm 0 -< "'0 < NOOOa>IO -., N,Oa> NONOOO. 00 - N 0 010 woo o~~ 0 <¿1,j?+C:>f NO.N 0 0 c::>,oIO 0 0 -I~t:J ~I~ !;2 eno I 'I ,- C , ¡1m ZN_Z I! Z m 0,-1 . (") C ~:c: c:;:a 3: m I 03 en ~ a>1 CD ~ CD ~, N Z ). ..¡::.. ~ I.OJ 1 ~ ~ N a> -., , ..¡::.. ..¡::.. 1 en co 0 0 0 0 0 CD 0 ~ 0 01..... 0 N 0 0 0 0 0 0 0 0 0 0 ! I , m X;:a "'Om.... m<, , Zm(") I C -I, .... .þ. I W ~ Z c: I .... 001 N 0 00..... c:» w"" !~..... ..W IoN .~,!þ .~ ~ _a> i rn .... o ool"¡::" IN IW CD 0 .¡::...¡::.. 1m - .... 00 W W '.¡::.. WOO"" 0 ~ ~ .... 0 NI-., 010 N 0 0 0 oi..¡::.. ~Ioo, en 0,0 010 0 .¡::.. a> 0 -., en I i :Þ -I~ en .¡::.. ..... I Os;: co -., N W ' W ....... I -I .., ~ .0 .00 I~ ~..¡::.. ~N I .....0..... '9' 19' .w _N I :Þ.... 03 ~ .... a> WIN N 0 ~ 00 . ~ W ..¡::.. .... ....0.....a>a>00 CD "¡::"a>W ....oooWWO.....OOOIOOO~O. m .~~.._~~. ._---_.--, ._"..,~~."~=-->.,,",,," -,.". ,. ,_.,""'-~-- -~~..~-.,.-.,..,-,~._--,,_.._~,--, OJ Œ § § ~il' ~ Z5E I"~, -I~~T~ì ~ mG>G>mOI(J)m-» :;u m m :;u I (J) ~::I: :;u ~ :::! < -I -I ° ()> Z» () m ~ m -i -I -c I» Zo :;u d ~'~ m ~ z OIZ Z ~ a ::u Z Z ~ ~I~ ~l;d G> ~ -I ï1 (J) (J) -I » I r :;u I» ï1 z »cï1-Uz-I»OJ()m r- -I m :;u G> m Z »i-i m en o ~ ÐL~ (J) ~~ ~I~ (J) rn "tIm-i'mC:ï() ï ~()>:;u-U(J»>()(J) »o><-i~ -cOm -IZ()-<- ZZ::U Z ~ ~ ~ rn ,G> ;do ~ G') :;u r-u I m ~ ~ ~Ê' ~ ,ï (J) zO:;um i enZ:;U I rn_~_ , _n_~ ., t- ..¡. ew ~ VJ cn~N~<O""¡ ...,¡...,¡ C»<O~O')~~~' NO '"co :... 'N a iëJ, ë...> a ...,¡ 0 0000000 00 0000000000 1 UI I ,'<.11 (Ø . N' 1<.11 t tl ~ ~ I~ i~ b ..¡. <OWO coo ..¡. ~c::::> c:>: ~ <.11,1" c:>, 0 i,1 U'1 , 0 , .... I I ~ W ~ 1<0 cn~N""';<O<O N""¡ N <0 ~ 0')10') co <0 ...,¡ N '"co :... I'N a:ëJ, ëJ, a' Ië...> a, .... 00 OI<O,'W 01 co Of ..¡. 0 0 O'NIU'1 0 0 U'1 0 .I----+-_ t UI UI ~ W NO , I <.11 ~ W ..... a waN <.11 .....0')0 ..¡. ..¡. .!Ø .... .... NO I ..... 0') <.11iCO co <0 <0,0') ~ :... Co ~ 1ëJ, èÞ ~ ~I~ co oi~ Cj 0 ..¡. N N ,..... ....."'_.~_,,..~__,_,_______'""_"~.~_"_O"·._,·.,~.~_,·_ ._,~_"__"""",,,,"~' -I ~ » r- ::a m < m z c: m ::a :;u ()'() ::ul»'-':+z m m»»m(J)~-I~ <::u::U~(J)mmz m:;u:;u m(J)::UC: z,-<-<ê(J)-Imm ~I" " ::u ~ ~ (J) :;u:~ ~ ~ m ~ ~ m'~ ~ ~ ~ -i OJ ~Ii» » m (J) z » .,.,:;U::UZ-u-l <oO-i:;um mOG>dZ~ "m:;U()(J) mZ =U-l zm-c» 1 ()~=<ï Crm ~ >< OJ -u ::u m » Z z (J) () m m (J) (J) VJ ~ <0 ~j c .... o I cn~ !» -~ co N 00 00 N:""¡ o 00 000000 U'I U'1 co <0 .!'- ~ : 0 ~ 0 t- t' ~.Þ.Ig:~ ~ i .!"J_~~~ Ncol co NO ~ N ~¡ .... 0'...... 0 00' .... OJ...... 0 0tÇ),O 0 COOO i ?¡O,c:>\c:>" I 1 C» .... .!Ø C» UI co 0 I , lco I~ ~ U'1 <0 W ~~VJ<O : I W I N W w ~1'VJ ~~(j),tD U'1~VJ(j) c!o ~~ m» c:0 00 G')"O m-l -IgJ "om O»C: ~;ac »~G') ;a m o -I m» c:i: om G')Z mC -1m o m z o c: i: m ~ z o m en m, x' ::a "tIm» m<o zm-l 5!zc: -IC:» C:mr- ::a: en mi- en IbJ- 4~A o en » -I ~.,,~ »Om r-::ai:"tI "O"tImm ;amzC o;a-lO (,.-0» mO"z nO -Im::am enzm» -0<-< »_men zZm ~G')C:::a "tI (,. m! < ::a ~ »iO Ec:~rn m»mc n::ax- -I-<"tI< enNmCñ o:-.azõ ONOz i:0::¡ mOc: _U'l::a z m gJ en /6 z AfA- MINUTES BUDGET SUB-COMMITTEE November 23, 2004 Naples, Florida LET IT BE KNOWN, that the Budget Sub-committee of the Pelican Bay Services Division Board met in Regular Session on this date, November 23,2004 at 3:00 P.M. at The Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: Mr. Christopher Sutphin, Chairman Mr. John laizzo Mr. David Nordhoff (Absent) Mr. Edward Staros ALSO PRESENT: One (1) Pelican Bay resident; two (2) members of the Pelican Bay Services Division Board; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division; Mr. James P. Ward, Divi~ion A9minJstr~1or, Peli.can Bay ~eJyices Division and Mrs. Barbara Smith, Recording Secretary. AGENDA 1 . Roll Call 2. Approval of Minutes of the October 20, 2004 Meeting 3. Audience Participation 4. Review of Mission and Objectives 5. Getting Property Owner input on Security 6. Sub-committee Requests 7. Adjourn ROLL CALL Mr. Sutphin called the meeting to order and asked that the record show Mr. David Nordhoff with an excused absence. APPROV AL OF MINUTES OF THE OCTOBER 20. 2004 MEETING Mr. laizzo moved seconded by Mr. Staros and approved unanimously, the Minutes of the October 20, 2004 Meeting. AUDIENCE PARTICIPATION There were no audience comments. REVIEW OF MISSION AND OBJECTIVES Mr. Sutphin stated, "The primary item on the Agenda t~day is a review of the Pelican Bay Services Division's Mission and Objectives". This is a scheduled portion of our annual planning exercise. At the last Board Meeting I had asked for comments about our Mission and Objectives from other Board Members and I have received comments from Messrs. Nordhoff and Carroll. Both members responding have a problem with the words "top tier" in the Mission Statement. I 300 Ró :t. A¡A Budget Sub-committee Meeting November 23, 2004 believe it was probably an unfortunate choice of words that got us into trouble and I also believe that we should do something about it or find something that is a little less controversial. Mr. Carroll has a number of suggestions on Objectives, all of which are basically good, except I think some of them are actually actions which this Board should take during the coming year, rather than being Board objectives, which would serve as the underlying basis for formulating plans. An example is to consider increasing the level of lighting on the boulevards to improve driving safety. I think that is more of an operating responsibility of the Division than an Objective. Mr. Sutphin continued, "Tie us in closer with the Foundation". I don't know if we should be taking the lead or vise versa, but I think that is something that we should consider. I also don't know that analyzing an Urban Services Report should be an objective of this Board. I am not even sure it is within our Charter to get involved in that. Mr. Ward asked, "Is the Urban Service Report the annexation report for the City of Naples"? Mr. Sutphin replied, "Yes". Mr. Ward stated, ''To the extent that it affects the Division, it would be appropriate". Mr. laizzo asked, "How would we interact with that analysis"? Mr. Ward replied, "As I understand it, the Urban Analysis Report is the Report that the City of Naples is preparing with respect to how to provide services to the Pelican Bay community and the cost thereof". Mr. Sutphin stated, "I have never seen an Urban Services Report, but it is my understanding that this Report is to tell the people of Pelican Bay what it is going to cost to become part of the City of Naples". Mr. Ward replied, "An Urban Services Report is generally nothing more than a feasibility study". They tell you what is currently provided, the cost of how it is going to be provided post annexation, both in terms of levels of service and cost of that service. I assume that is what they are calling an Urban Services Report. I think the way that you interface is both through the County in providing input to the County Commission with respect to that Report and input directly to the City of Naples. 301 I~ J.. AfIJ Budget Sub-committee Meeting November 23, 2004 Mr. Sutphin stated, "I don't disagree that it is something that we should do, whether we should state it as an Objective in an Annual Plan, I think is a little specific", Mr. Staros asked, " If it has to do with things that this MSTBU is about such as water management, beautification, wouldn't those be the same issues that you would want to analyze to make sure that the level of services that the City would maintain would be equal to the level of services that the County is presently maintaining"? Mr. Sutphin replied, "Absolutely". I am not saying that we shouldn't do it. I am just not sure it belongs here structurally, It is just something we would do. I also don't care if it is in the . ---" Objectives. Mr. Burke stated, "I am not sure whether it belongs there or not, but the question I have, is that Report being put together by the City of Naples and being taken back to people who have helped pay for it"? We, in effect, are a creation of the County. Who is going to provide the counter balance to an Urban Services Report that is being financed by people who are very much on our tax dollars and want us to be a part of the City? I hear there is a Counter Balance Committee. Mr. Ward replied, "It would be anyone of who I call the stakeholders, such as the Pelican Bay Services Division, the Pelican Bay Foundation, the Pelican Bay Property Owners Association, the County and the individual residents". Mr. Sutphin stated, "I may have been misunderstood". I don't disagree at all that we should analyze that Report. As an example, they are going to come back with a cost to provide landscape services, I am sure that Report is going to neglect to mention that they most likely will not maintain Foundation property like we do. Mr. laizzo stated, "That is an assumption". Mr. Sutphin replied, "The City of Naples does not maintain private property". Mr. laizzo stated, "Whatever services we pay for, we are going to get". If we diminish our payment you are right, but if we maintain it, we should maintain the same level of services. Why should we assume that it is going to be less than we are currently receiving? 302 -"~-~._-,-- -,- /0l-A2A Budget Sub-committee Meeting November 23, 2004 Mr. Sutphin replied, "Basically, what we are doing is not strictly kosher". We are spending public funds to maintain private property. Mr. Ward replied, "I am not so sure I would go to the point of saying that it is not kosher". Different lawyers have different opinions on this particular issue. I think that we serve the same base and the facilities are open to all of the residents of Pelican Bay. As such, I think it is reasonable to have it under the Pelican Bay Services Division. Now do I wish we had easements over all of this stuff to codify the legal position? Yes, I do, but we don't have that. In a broad sense, the Services Division provides a variety of services and we have been asked by the Foundation to assist them in providing that service to this same base. Mr. Sutphin stated, "Mr. Ward, I am not arguing that". I think the premise is and I believe it was said in an earlier meeting, the City of Naples will not maintain private property. Mr. Ward replied, ''The City of Naples will not do that because of the fact that within the constraints of the City, a lot of their maintenance activities are paid from the General Fund of the City of Naples, not from a special fund that we have in Pelican Bay". That is the difference. Mr. laizzo stated, "I would like to make a statement". If annexation should take place, the second thing that will happen is that the City of Naples will consider the services that we have been providing to the community. We are not going to drop dead on annexation day. It will take another year or so to decide the levels of service if we turn it over to the City, or continue to work with the County, not through the County. That is the way I see it. I don't see a panic on the level of service that we continue or we get it from the City of Naples. Mr. Sutphin replied, "No panic, it is also not on the agenda". The issue is, do we include the analysis of that Report as an Objective for next year"? The year starts in October and I think this will be history by the time our new year starts. Yes, I think the Board should analyze that Report and Mr. Carroll should assign whoever he thinks is best equipped to analyze it, but I don't think it is a Fiscal Year 2005 Objective because it is not going to be relevant. Mr. Carroll stated, "You are being optimistic". Mr. Sutphin replied, "I read in the Pelican Bay Post that the Report was due December 8th. 303 16ZAgA Budget Sub-committee Meeting November 23, 2004 Mr. Staros stated, "If we could take objective number 4 and objective number 8 and marry them together, that might be the answer", Objective number 4 is saying working with the Foundation in the process of selecting Capital Projects and that could include the Foundation in the analyzation of the City of Naples Urban Review Report. I think we are all in this thing together and if we could marry the Foundation with our Board, in the beginning in monitoring the Urban Review Report, then I think we have a homerun. It should not be us versus them; it should be "we". Mr. Carroll stated, "One problem I see with your point is that we are constantly told to stick to our own nitty, which is what I tried to say in Objective 8". Focus on those services. The Urban Review Report will cover everything and if it appears that we are being drawn in to help the Foundation look at everything, then somebody is going to come after us and say that is not your job. What you are saying is good, we might just have to isolate what we share. Mr. Sutphin stated, "Again, these were Mr. Carroll's suggestions". Mr. Sutphin continued, "In order to stimulate some debate, these are some thoughts that I had as I was putting this presentation together". When you look at Pelican Bay as a community, they have a legally constituted Master Homeowners Association, of which every property owner in Pelican Bay, residential and commercial, must pay dues and assessments to, if they are assessed. The Foundation has defacto taxing authority, whether you call it a tax or an assessment and is a check you have to write. Everyone who lives in Pelican Bay agrees to be a member of the Foundation or they don't get to own property in Pelican Bay. It is my understanding that once you have a legally constituted Master Homeowners Association, it is virtually impossible to get rid of it. Mr. Ward replied, "True". Mr. Sutphin stated, "Conversely, the MSTBU is optional". It can be done away with any time the voters in the District decide they don't want it. I don't think that it is our purpose to provide incremental government to Pelican Bay. I think our purpose is very simple. Our purpose is to tax property owners in Pelican Bay to provide the incremental services and facilities on publicly owned properties within the District that they want. Those are my thoughts. 304 ft; 1- A r-A Budget Sub-committee Meeting November 23, 2004 Mr. laizzo asked, "When it comes to taxation, how was it decided or who decided that it would be ad valorem versus a non-ad valorem assessment"? Why did we not go totally non-ad valorem, across the Board? Why was ad valorem picked for the Sheriff and street lighting? Mr. Ward replied, "You, the Pelican Bay Services Division Board make those decisions". The prior Pelican Bay Improvement District Board decided the method of assessing street lighting. Mr. Sutphin stated, "We voted on that issue year before last". Mr. Werner had brought the issue up, it was debated and we voted to keep it the way it was. Mr. laizzo stated, "I thought that was during Mr. Bawduniak's time"? Mr. Ward stated, "\ can remember doing it two years ago". Mr. Sutphin replied, 'We did, and the Board voted to make no change". Mr. laizzo stated, "I am asking what origin put the Sheriff and street lighting on an ad valorem tax"? Mr. Ward replied, "The street lighting was based on the fact that was a history lesson". We started that District in 1981 and at the time ad valorem was the only way to do it. The Sheriff's patrol was put into the Division at the request of the Foundation and we decided to do it on an ad valorem tax basis, simply because of the equity issue. There was a lot of thought that went into that particular process. Mr. Sutphin stated, "There have been members of this Board that were in favor of doing everything ad valorem". Mr. laizzo asked, "Does that go back to Mr. Bawduniak"? Mr. Ward replied, "I believe it was Mr. Tom Brown". Mr. Mudge was also the torch holder for that one. Mr. Sutphin stated, "As you trade up properties, you become less of an advocate for ad valorem taxation". Mr. Sutphin continued, "Mr. Carroll, could you comment on what you had in mind when you submitted objective 1 0". 305 /0J ÄRA Budget Sub-committee Meeting November 23, 2004 Mr. Carroll stated, "I think it speaks for itself", Review the cost effectiveness of the Division including the Manger and key staff personnel. Expect periodic assessments of how the Division is doing vis-à-vis the budget by the Budget Sub-committee and the Manager. To me, it is just good business to find out how effective your leadership is and to review that. The same is true for the budget. I recognized as I was trying to get you to have a monthly report spun out and we could not figure out how to do that. Mr. Sutphin asked, "Trying to have me provide a monthly report"? Mr. Carroll replied, "Your Budget Sub-committee or Mr. Ward to provide a monthly . - -' report" , I was asking for a one-page report, but you said that was ineffective and could not be done. I am still asking the question; can't we find out, on some periodic basis, how we are doing against the budget? Mr. Sutphin replied, "I think we can, but the reason that I don't believe that we can have a meaningful monthly summary report in the classic performance against budget, is that we don't budget by month". I think the most meaningful monthly report that we could have would be a "By Exception Report" and that gets back to those red and green flags that we instituted a year ago, which have dropped by the wayside. The Manger should be the one who decides what is an exception, good or bad, that should be reported to the Board on a monthly basis. I don't know of any other way to do it. You don't have budget numbers by month to run a comparison against. Mr. Carroll stated, "An example, when we got to the end of our Fiscal Year and we looked how we have done budget-wise and we under spent the budget, it seemed incredible to me that this Board and me as Chairman, had no idea that was the case, That didn't sit very well with me. Mr. Sutphin replied, "I don't disagree". I think it gets into the area of cash forecasting which we are just beginning to get involved in. I think we probably knew six months before the end of the year that we were hard by a couple of hundred thousand dollars. Mr. Ward stated, "I have this debate with Mr. Lukasz and Ms Smith every single year". I always say I know we are going to be fine and that there is going to be a couple of hundred thousand dollars left over and they always give me projections where we are right on target. Low and behold we always come in a hundred or couple of hundred thousand under budget. 306 ---- ..c.~._.~_"_ /~.7. ARA Budget Sub-committee Meeting November 23, 2004 Mr. Carroll stated, "I didn't know that". Mr. Ward replied, ''That is a little internal conversation that I have never told you about, but we have that conversation all the time". I sort of know where those numbers are going to fall out and they tell me otherwise. I think, and it is not one of the things that we did in the budget process last year, but this year we should spend some time on the forecasting piece through year-end to come up with something that is a little more realistic. At least we will all buy into the question that you just asked. Mr. Sutphin stated, "I have been in private business situations where it was just as bad to miss your forecast on the upside as it was on the downside". Mr. Staros stated, 'We offer incentives for people to have a perfect score". Mr. laizzo stated, "I would like to see us spend more time on the review of the year's projected costs and actually see how we made out for the year". I think that is important and also proves whether we had a carry forward or not. We don't spend any time on the Statement of Revenues. Mr. Ward replied, ''That is why we are talking about the forecasting issue". I don't have a problem with it and I think it is a good idea to spend some time on forecasting to get to the answer to your question and I will enjoy putting my staff in the hot seat on this one. Mr. Sutphin stated, "Monthly might be a little too often, but I think a quarterly review might be appropriate for year-to-date and forecasting for the balance of the year". Why don't we plan on starting quarterly reviews at the end of the first quarter of the year and then every three months thereafter? We could look at it at the Budget Sub-committee Meeting in mid-January and present it to the full Board at their February meeting. Mr. laizzo stated, 'When the quarter is in and we have hard numbers to look at is when we should be doing it". Mr. Carroll stated, "There are surprises". I found out this last week that I couldn't spend $300.00 against the budget". It appeared that the Ritz Carlton was going to charge for the use of a meeting room and Mrs. Smith indicated that we could not pay $300.00 to rent a meeting location. 307 '/01- ¡J~A Budget Sub-committee Meeting November 23, 2004 Mr. Staros replied, "I had not communicated to my staff that there would not be a charge". Mr. Sutphin stated, "At the top of the page is our current Mission and I have highlighted the "top tier" issue in red", I think it would be perfectly okay to just drop the portion that is highlighted in red. Mr. Ward stated, "Premier is a good word". Mr. laizzo stated, "You talk about property owner value and we are really concerned about the community property value". Mr. Sutphin asked, "In Pelican Bay, do the property owners have an undivided interest in all of the Foundation common elements"? Mr. Ward replied, "Yes". Mr. Sutphin stated, "There it is Mr. laizzo, the property owners own Pelican Bay". Mr. laizzo replied, "I am not disputing that, but our basic job is to protect and maintain street lighting, water management, community beautification, etc. Mr. Sutphin replied, "I disagree". Our job is to provide those services, if the property owners want us to provide them. Mr. Ward stated, ''The basic tenant in government in what we do and how we assess, is that at the end of the day you can measure an increase in property owners' value as a result of the imposition of the services and assessment provided". Mr. Sutphin stated, "If we are not providing that, then they should vote to abolish us". Mr. Ward replied, "Exactly". That is the key element that we should focus on, every single day that we are here. Mr. laizzo stated, "I thought it was more the owner of the property rather than the community that we should be servicing". The community is for the owner's benefit, obviously. The wording did not sit right, but it is okay. Mr. Ward stated, "That, from my experience and what the law says, is the key to establishing an MSTBU and is one of the keys to actually ensure you have the legal authority to do what you do, is that you enhance the value of the property within Pelican Bay as a result of the services you provide and the costs that you charge. 308 /6:1 ,4gA Budget Sub-committee Meeting November 23. 2004 Mr. laizzo stated, ''That is indirectly". Mr. Ward replied, No, that is a direct relationship". Mr. Burke stated, "As an extreme example, if it was determined that the street lighting did nothing to enhance the community, you do away with streetlights". Our community consists of 7,200 property owners. Does the word "promptly" add anything to the Mission Statement? Mr. Sutphin stated, "I have no strong feeling about it". Mr. Ward stated, "I would change "top tier" to "premier". Mr. laizzo stated, "If I had to do any adjustment to it, I would leave the red portion off". have already done that on my copy. Mr. Ward stated, "Not that I care, but I do think that "premier" or "outstanding" are both good words". Mr. Sutphin stated, "I don't think we have a consensus on the Sub-committee, so we are going to leave it to the full Board to pick a word or to drop it". Mr. Sutphin continued, "I followed through on my thought process on an alternate Mission". If one truly believes that private property should always take precedence over government, which I happen to believe very strongly, government should only exist if private property owners want to have one. The logic flows that the Pelican Bay Foundation represents the private ownership interests in Pelican Bay, by statute, we do not. Mr. Ward stated, ''The problem with that Mission Statement is that no one will understand it". Mr. Sutphin replied, "I know that and that is kind of sad". Mr. Burke stated, "The top statement is much more like a Mission Statement to me". The lower statement is more like marching orders. Mr. Sutphin stated, "I would like some comments on the last sentence of that statement". Mr. Staros stated, "Act as a proactive advocate within County Government to ensure that Pelican Bay receives superior services in a timely manner". Mr. laizzo asked, ''Why are you connecting us with the County Government"? Mr. Staros replied, ''We are". 309 --..--......-..,--- fro] Af4 Budget Sub-committee Meeting November 23. 2004 Mr. laizzo replied, "Oh, no, whatever we do, we pay for", The County could care less about the services here, We pay for it and they just rubber stamp everything we do. I don't think they really care. If we want superior services, we are going to pay for it and if we want less, we will pay less. Mr. Sutphin stated, "The last sentence was a rhetorical question of should we become proactive in taking on the County when we don't like what they are doing to Pelican Bay"? We have never done that. Mr. laizzo asked, 'What is the pull up behind that one sentence"? . - -' Mr. Sutphin replied, "I believe we are perceived by a lot of people in Pelican Bay as being a rubber stamp for the County", Mr. laizzo stated, "I see it as the other way around". Mr. Ward stated, "My personal opinion is that I think that is a very important function for the future in what you can do". Mr. Carroll does it a lot with his meetings with the County Commission and senior County staff. I think, as a Board, you can never do too much of that. That is a great thing to do and makes the wheels of government work. Mr. Burke stated, "The squeaky wheel". Mr. Ward replied, "Not necessarily the squeaky wheel, but any wheel". Being an advocate for what you are, who you are and what you want at the County, City, State or Federal level you can be a player and you should be a player. You are a big community and a big part of this County. You represent a significant ad valorem tax base and to a certain extent, you should be able to get services provided to you for the taxes you pay, whether they are from us or from the General Fund. Being an advocate is what it is all about. Mr. Carroll stated, "In my Objectives, number 9, I was hitting on that same point". I said, "Monitoring proposed and active projects, which have any impact on Pelican Bay and inform the Foundation if the projects are their responsibility, If they are Services Division responsibility determine how the Services Division can influence them to Pelican Bay's advantage". Mr. Sutphin stated, 'We, as a Board, have been reluctant to take on the County". 310 ~,---,.- '~"""'--'-''''-''-'~''-'-~''~ , /b 1 AcYA Budget Sub-committee Meeting November 23, 2004 Mr. Ward replied, "Right, and you shouldn't be, because they are people". Taking them on and being proactive is a great thing, especially for issues that are key to you such as beach renourishment, members on the Costal Advisory Committee and members on the Land Use Committee. Whatever you want to call it, they are issues that are important to this community and the County Commission has a significant ability to impact this community one way or the other. Being proactive is very important. Mr. Staros stated, "In 1991 when there were many issues that were being brought up by the County that would have negatively impacted my business, I was at virtually every meeting". put in over one hundred hours sitting in meetings to defend my rights. Mr. Sutphin asked, "Mr. Ward, as an example, are you saying that three or four months ago we maybe should have been proactive in trying to keep Mr. Roellig on the Coastal Advisory Committee"? Mr. Ward replied, "Absolutely". Mr. Sutphin stated, 'We just rolled over and let it happen". Mr. Ward replied, "I think Mr. Carroll did a good job in trying to understand the process". As a Board, you just need to get more on the front side of those issues if you want to influence County policy. Mr. laizzo stated, 'What you say is good, however, we still pay the way for beach renourishment". It is all proactive, but we still pay our own way. Mr. Staros stated, "Last year there were proposals to change the laws of the Coastal Setback Line, which would have been devastating for my business and every other land owner that owns property on the Gulf of Mexico". In short, the proposal would have prevented you from rebuilding anything west of the coastal setback line, including every single condominium and home in the Vanderbilt Beach area, including my hotel and our restaurants. Mr. Kinney and I, who own property right on the Gulf of Mexico, fought like dogs to prevent this from happening. It would have been better to be proactive and know this was coming down the pike. It cost us a bloody fortune to hire lawyers to start fighting these issues. Although we only spent about $20,000 on that particular issue, it just bubbles up. If it wasn't for a few bright people that called 311 !G14fA Budget Sub-committee Meeting November 23. 2004 me ahead of time to say this was about to happen, it could have been changed and if our restaurants were taken out during the next hurricane we wouldn't have been able to replace them. Mr. laizzo stated, "That is a good example of where you have to be proactive, but it doesn't mean that we pay less". Mr. Staros stated, "In 1991, there was another initiative to prevent commercial operations from having beach parties, I fought that like a crazy man and spent $141,000 in legal fees, just to protect the rights I have always had". Mr. Sutphin stated, "Do we want to have the Board consider that as part of our Mission"? Mr. Staros replied, "I like it". Mr. Sutphin stated, "The existing Mission Statement will be presented to the Board with the options of using "outstanding", "premier" or take out the red type entirely". Should we, or should we not, include the statement about being proactive with the County? That is what the Board will deal with next Wednesday. Mr. Carroll stated, "I cannot see us not being proactive". I want to be more proactive. For example on Mr. Roellig's appointment, I proposed it and went back the next month and Commissioner Halas shot me down, so there was nothing more I could do. The more we do, the better. Mr. Sutphin replied, "I agree and I would vote to have it included". I think the Board needs to make that decision. Mr. Carroll stated, "The worst part of it all is that two of us cannot work together due to the Sunshine Laws". Mr. Sutphin asked, "Can't this Board make resolutions expressing its' opinion on issues"? Mr. Ward replied, "Yes, just do it". Mr. Sutphin stated, "I have some Objectives in red, which I think we need to discuss". would like to reserve security until after we have finished with the others Objectives. I want to talk about security as a separate issue. I think we got in deep trouble with the Capital Plan this past year. 312 ¡¡;:L/J- 84 Budget Sub-committee Meeting November 23. 2004 Mr. laizzo replied, "Yes, we did". We fell flat on our face on that issue. Mr. Sutphin stated, "I don't think we presented it very well and I also think we presented it in a vacuum", I really think this is an area where the Foundation and the Services Division need to be in sync on where money should be spent and the general level of spending that should be considered. Mr. Ward replied, "Right". Mr, laizzo stated, "I would also like to add, invite the Pelican Bay Property Owners". Mr. Sutphin stated, "I have no objection to the Pelican Bay Property Owners". The point is; the Property Owners are a political action group. There are two legally constituted bodies in Pelican Bay that have the power to assess property owners, the Foundation and the Services Division. I feel pretty strongly that we ought to be assessing them for the same things. If we are at odds with each other, then something is wrong. Mr. laizzo stated, ''The premise here is do we preserve and maintain the community, o~ do we just go bonkers and make this community like a new community"? Mr. Sutphin replied, 'We do what the property owners want us to do". Mr. laizzo stated, "Good, then you must keep your ears to the ground", Mr. Coleman Connell stated, ''There would certainly be nothing wrong with having the Pelican Bay Property Owners as an advocate". Mr. Sutphin stated, "I would welcome that", Mr. Staros stated, "One would hope that they would be". Mr. laizzo stated, ''The Pelican Bay Property Owners are a community advocate", Mr. Connell stated, "I would say that they would welcome the opportunity". Mr. Carroll stated, "I wish I could agree with you more", They have been very adversarial around Mr. Ward, which made it very difficult to draw them into being part of the team. Mr. Connell asked, "Have you attempted to draw them into the team before"? I would think that could be mitigated. Mr. Carroll stated, 'When Mr. O'Connor was on the Board they used to attend most of our meetings". Mr. O'Connor was like part of the team. 313 u.~,_.___,,___~·~,_·~_m_. 16:t. A- 3' A- Budget Sub-committee Meeting November 23, 2004 Mr. laizzo stated, "Mr. Peterson is pretty good and very level headed". Mr. Burke asked, "Who controls the Straight Talk columnist"? To get them involved and all of a sudden she gets into one of her snits and suddenly everything that was discussed would get dragged through the mockery of Straight Talk and that would concern me. Mr. Connell replied, "I will not get into censorship, but I am certain that it could be mitigated". I know a large part of it was over the Cap d'Antibes project. Mr. Burke stated, "The Pelican Bay Property Owners are certainly a private organization and privately funded", Where do you draw the line? Are there other homeowner organizations . .' - -' around? Mr. laizzo replied, "You can invite as many people as you choose". That is only one of the organizations within the community. There is the Men's Coffee and the Women's League, how far do you want to extend it? That is not so much the issue. The issue is you bring in the three organizations, come up with your ideas and get it back out to the community for feedback, then you move ahead on what is proposed. Mr. Connell stated, 'Where the Men's Coffee can be productive is to speak at them". We are now up to an attendance of 250 during the season. I think it is a great opportunity if you are trying to sell something, to do it in that fashion. I could not speak to the Women's League; they do not meet in large groups, The more who are on your side, the better it is for you. Mr. Burke stated, "That is a selling job". Mr. Connell replied, "That's all we can do, you folks are the messengers". Mr. Sutphin stated, "I was speaking more in the context of the actual development of plans that are complimentary, as opposed to either in direct opposition to something that the Foundation is doing that we may not think is worthwhile, or vise versa". I guess I fall back on landscaping. If the Foundation decided as a matter of community policy that they only wanted perennials in the flowerbeds, then we should not be planting annuals in the medians because it is not consistent with the theme of the community. Mr. Carroll stated, "I don't know that I agree with you there". We have to establish some standards too, don't we? 314 "^-, ~. -"._-~------_.._~ -- . "-- - "."..-. 162 4R-IJ Budget Sub-committee Meeting November 23, 2004 Mr. Sutphin replied, "Maybe that's the issue". Who sets the standards? I always think that private ownership sets the standard, not government. Mr. Ward stated, "I tend to agree with you". However, the one major drawback that I see with the Foundation is the term of office for its' directors. Their terms are short and in my business, the longer the tenure of the board, the more authority and control the board takes over the administrative side. With a short tenure board, what you end up with is a lot of control on the management side because they are there longer and they have a history. In a board where the tenure is longer, you can affect policy faster and better for the constituents that elect you. This Board, although we call ourselves government, actually has a better ability to do that because your tenure is longer. Mr. Sutphin stated, "I don't disagree with you". I am trying to postulate Pelican Bay's version of Plato's Ideal State, which is probably unattainable. Mr. Ward stated, "That is somewhat of a difference I see and some of the positive things. as resident elected Board Members, that you can affect better than the Foundation Board because of the tenure issue". Mr. laizzo stated, "I think if the ideas come out of this Board and are then provided to the Foundation and Pelican Bay Property Owners and we get feedback, we then take it another step and take it to the community". That is fair and works relatively smooth. We need to stimulate the ideas and then get the feedback. Mr. Burke stated, "I would applaud the use of the words, "To ensure commonality of objectives". Mr. Sutphin stated, ''The problem is in the doing". The Sunshine Laws get in the way. Based on the Budget Presentation that I gave to the Foundation Audit Committee, there is a desire on their part to have more commonality. I think, because of the Sunshine Laws, they are probably going to have to take the initiative. It is very difficult for us because no more than one person can go talk to them. Mr. Ward stated, "To a great extent, you can provide some direction of the commonality to their Boards for the services that you provide". One of the things that is not included is the proactive 315 /6x 4R,4 Budget Sub-committee Meeting November 23, 2004 advocacy issue. To me, an important objective for you would be to develop those proactive advocacy elements for Fiscal Year 2006. What you are going to do with coastal area conservation, land use matters, zoning matters and things that affect the community at that level, ought to be an important part of your objectives for Fiscal Year 2006. Mr. Sutphin asked, "I think that is great, would you like to write one that expresses that thought and I will recommend that we include it"? Mr. Ward replied, "Okay". Mr. Sutphin stated, "I tried to get into that a little with the last item and maybe you could take that and embellish it to include those areas". What I tried to do on the proposed side is to take the current objectives and clean them up. GETTING PROPERTY OWNER INPUT ON SECURITY Mr. Sutphin stated, "I left security until last because in the four years that I have been involved in this process, it has been controversial and I am proposing to try and get some meaningful input". This is sort of jumping the gun, but if we don't start now, we are going to be sitting here in the May/June time frame having the same debate we had a year ago. I had the thought of using the upcoming balloting process to fill the vacant seats on this Board to directly ask the property owners how they feel about security. I sent Mr. Brock an e-mail asking him if we could do this. His answer was, no you can't, and if I did, we would then have to do it for everybody. He then had an out and said if the County Commissioners tell me to do it, I would be delighted to do it. I guess that means getting Commissioner Halas to decide that it is worth doing and then getting it put on a Consent Agenda so that they would authorize it. Mr. Carroll stated, "Mr. Sutphin, part of your write up shows four different options". I took that to Commissioner Halas last week and pushed it on the table and told him I would like him to run it by the Commissioners and put it on a Consent Agenda. Commissioner Halas pushed it right back to me and said; "I don't want to get in the middle of that stuff, if you are having an argument out there". I explained to the Commissioner that was not putting him in between two factions. Where he first thought this was a Services Division versus Foundation issue, we tried to explain that we were going to the people to ask them what they wanted to do. He finally took the 316 /6:l A~A Budget Sub-committee Meeting November 23. 2004 sheet back and was going to talk to the County Manager. I got a call yesterday saying that Mr. Mudd said to put it on the annexation ballot, which is not what I had in mind. I think I will go back to Mr. Ochs and possibly Mr. Mudd to see if I can get them to change their mind. I am not sure that Mr. Mudd got the entire story and it does not make a lot of sense to tie it into the annexation issue. The annexation ballot goes to registered voters and this goes to all property owners in Pelican Bay, which is a different group of people. I am not sure the Commissioner understood that and I will try that again tomorrow. Mr. Sutphin stated, "Approaching it this way was twofold". Number one, if we can combine it with the ballot mailing, it saves us at least the postage cost of a separate mailing. I think that maybe if someone gets an envelope that has a ballot in it, this might tend to assume a little more importance in their mind in terms of filling it out and sending it back, than if they got a separate mailing. Mr. Burke asked, "Does this security issue go away if we are annexed"? Mr. Sutphin replied, "Absolutely". Mr. Staros stated, "Not necessarily". The City would be providing what the County would normally generically provide and then you would have to make up your mind if you would want additional service. It really doesn't go away. Right now we could say goodbye, and eliminate all security. If we went with annexation to the City of Naples, that is exactly what we would have. We would have the normal City patrol and then we would have to determine if that was good enough. Mr. Burke asked, "Mr. Sutphin, if that were to appear on a ballot have you given any thought to how that would be worded"? Mr. laizzo stated, "We are all going to see that wording". Mr. Sutphin stated, "I think these are the four basic choices and if you take it beyond four you start to get silly". Mr. Carroll stated, "I would reword three and four". 317 .---- I6:t-IIf¡J Budget Sub-committee Meeting November 23. 2004 Mr. Staros stated, "You have to include pricing in choice number 3". In other words, when you eliminate the Sheriff's patrol valued at "x" and replace it with private security valued at "y", you don't know what you are voting for. Mr. Sutphin stated, "No matter how those four selections get reworded, I am proposing that a cover letter explaining each option be included". Mr. Carroll stated, "I would like to read my number 3 selection". Eliminate the additional Sheriff's patrol and replace it with a private gatekeeper force to be hired by the Pelican Bay Foundation at an annual cost of $20.00 to be billed as part of your Annual Foundation - Assessment. This fee would replace the ad valorem tax you now pay which is tax deductible and based on your residential assessed value. Mr. Sutphin stated, "I agree that you have to explain the cost". I would also include in that explanation, whether it is in the letter or where, that private security has no arrest power". Mr. Carroll stated, "I called it gatekeeper, but that is not a good word". Mr. Sutphin replied, "Community patrol or paid neighborhood watch people". Mr. laizzo stated, "I am not sure we have to spell out anything more than the fact of do you want the Pelican Bay Services Division to continue to pay for private security"? Mr. Staros replied, "You have to know what you are voting for". You don't know whether you are voting for $50.00 or $200.00. Mr. laizzo replied, "They know what they are paying". Mr. Star os replied, "You do, but I don't think the average person knows". You have to say this is what it is costing you, yes or no, do you want it or do you want to modify it? Mr. laizzo stated, "It is not a question of cost". The question is, are we over billing ourselves, yes or no"? We normally have six patrols and have been assigned six officers. What we have done is put another layer on top of that and put on another five officers. Mr. Ward stated, "That is not true". Mr. laizzo replied, ''That is true". I have a letter that says that we have six Sheriff Deputies in this area, without any private security. Mr. Ward replied, ''That is for the entire District". 318 - -~-- -,-~'''''-'"-"''''''''- ..._----~, ltó ~ 4tfA Budget Sub-committee Meeting November 23, 2004 Mr. laizzo replied, "No, it is for this area and that letter came from the Sheriff's office". On top of that, we have hired another five. Mr. Ward stated, ''That just is not true. Mr. laizzo stated, "I will bring in the letter". Mr. Ward stated, ''The second part of your statement is totally untrue". You have not layered in another five deputies; you have layered in one deputy. Mr. laizzo stated, "I am saying five on a twenty-four basis, seven days a week". Mr. Ward stated, 'We have one officer 24/7". The six that you referenced is the same thing, but it is the District, which is a lot broader than Pelican Bay. Mr. Sutphin stated, "At a minimum there has to be three choices of incremental, professional law enforcement and private community patrol". Mr. laizzo stated, 'We don't need to get into that". Mr. Sutphin replied, "Mr. laizzo, we have to know what the property owners want". Mr. laizzo stated, "It is either Deputy Sheriff yes, or Deputy Sheriff no". It is either Deputy Sheriff 24/7 or half that amount. There are three layers, 24/7, half that amount or no Sheriff. We shouldn't get into private security. Mr. Carroll asked, 'Why not, that is what the Foundation wants"? Mr. laizzo stated, "If the survey comes back from the community and says that we don't want the Sheriff any more, fine". Let the Foundation take it from that point. It is their problem to provide private security. Mr. Ward replied, "That just flies into the face of one of the objectives that you have". Mr. laizzo asked, "Meaning that we should work together with the Foundation"? The Foundation has already asked us to do away with the Sheriff and our Board said no. Mr. Sutphin stated, "I voted to keep the Sheriff because I didn't believe the survey". It was just that simple. Mr. Ward stated, "The Foundation Board Members themselves got up at a meeting and told you that they didn't say that". They just provided you the answers from a survey question that they had put out. They did not make a recommendation; they just gave us the survey results. 319 /02 4?A- Budget Sub-committee Meeting November 23. 2004 Mr. Sutphin stated, "In my opinion the survey questions were very badly worded and the response level sucked". Mr. Ward replied, "Right". Mr. Sutphin continued, "I would like to pursue this and get legitimate input that would serve as a strong guiding tool to the Board when we put together next year's budget". This is the simplest budget item that we have to deal with in that it is either there or it is not. Mr. Ward stated, "I think those four ideas are great". Mr. Sutphin replied, ''The words need to be dressed up and a cover letter needs to be attached to explain each choice". Mr. Staros stated, "The third one could read, to eliminate the additional Sheriff's patrol and replace it with private security at the same $50.00 per average property owner". Mr. laizzo stated, "You don't know that, you don't have those numbers". Mr. Sutphin stated, "I think there have been some numbers floated around that it would be about half". Mr. Ward stated. "Mr. laizzo, we could use the numbers you got from Wackenhut". Mr. laizzo replied, ''That was two years ago". Mr. Carroll stated, "I think an explanation would be important because the business interest will always caution you that this is a different cat altogether and with private security there is no legal authority, no arresting powers, etc." In that context, I would object to using the word security. Mr. Sutphin stated, "I was told by the Bay Colony people that they scrupulously avoid the use of the word "security" because it has insurance implications. Mr. Ward stated, "Right, it does". Every community that I have that has this included, I call community patrols or something, but not security. Mr. Burke asked, "If they see foul play are they supposed to call the Sheriff"? Mr. Ward replied, "Yes, but they don't always do that". 320 16J- AS-A Budget Sub-committee Meeting November 23. 2004 Mr. Sutphin asked, "Mr. Carroll, if you will follow up on this for our Board Meeting and we have a yes, I guess we could assign someone to write it up". When do the ballots actually go out? Mr. Carroll replied, "From the Ordinance, the initial request for applications is December 12th" and an applicant has twenty days to respond". Mr. Ward stated, ''The final language will probably be due in late January or early February". Mr. Staros asked, "As a matter of interest, does anybody know if the Sheriff's Substation on Vanderbilt Beach Road is owned by the County or by Pelican Bay"? Mr. Ward responded, "The building is owned by the County". The County owns all of the Sheriff's assets, but the land was donated. Mr. Sutphin stated, ''We have plenty of time to put something together and the ballots would be due back about a month after they have been sent out". Whatever the feedback is from the community, we would have it in ample time for the Fiscal Year 2006 budgeting process. Mr. laizzo stated, "If we do it right, we will have an answer". Mr. Sutphin replied, "I hope so, I am tired of debating it". We tend to forget the commercial interest in some of these important decision and they are a very important element. The commercial interests pay a big chunk of the taxes. If we have time for a Budget Sub- committee Meeting in December, I would like to talk about cash options. I got some feedback from the Foundation and a very nice e-mail from one of the Directors of the Pelican Bay Property Owners, suggesting that we employ short term borrowing for working capital needs to avoid having to keep these large Operating Fund Balances at year-end. I think the same option could be explored for Uninsured Assets. In other words, have a pre-approved line of credit in the event of a hurricane, as opposed to keeping $1,300,000 in the bank. I will simply say that we can discuss it, if Mr. Ward will come up with the legal restrictions and administrative problems, should the Board decide they want to explore this further. We could have the legal and procedural questions that would surround this issue answered. ADJOURN 321 Budget Sub-committee Meeting /6:J- 4;,4 November 23. 2004 There being no further business the meeting adjourned at 4:15 P.M. Christopher Sutphin, Chairman . - -- 322 ~..._~ _._-_. -..------.-------,.- /b-Z // J-¡J ........ . . . . c...... ~ 0 ooooot = 0 (f) 3 ~ C "'C ~ -. "'C (J') C" (1) n I .., OJ ........ c n OJ ~ \0 (J') 0 !:!: N ~. 3 :J 0 0 0 lC -1\ 0 3 \ UI :J 3: n ~,:. -. OJ .'\~ 0 æ= . OJ (J') ,....~~ -1\ :J =:1" n (1) OJ õ' OJ n lC "'C 0 (1) .., -. 3 3 (1) t""t' OJ n - 3 (1) OJ '"'C (1) :J (J') t""t' t""t' .., _0 :J ~ :J 0 (J') lC t""t' lC -- (J') :I: .., 0 ." OJ 0 OJ :Q. 3 :J a. :J -. .... -- OJ .0 Ut ;:0 ~ (f) (J') n (1) 0 (J') < to ;:+' (1) C C» -. c (J') (1) OJ (J') :E OJ 3 AJ - æ- :J õ' OJ (1) i ~ .., -< :J .., t""t' :::!') (J') " -. - :J (J') (1) (1) OJ < C» C" :J œ.. .. .., .. c n (J') -. OJ OJ ~ ~ ~ N 3 C) OJ < (1) nr C) (1) 3 -. !:!: tD U1 :J (1) lC :J ~ ur ~ ~ ~ ¡:: ~ - \0 ~ N o o U\ N ~ -ten 2:ñ) en ~ ~. ~. CO _ <. -< CD )) en ::J ñ)o.. ~..... )) CD s. o-en CiI) (t) :::1:- (t) =r ..... (t) =r ..... )) 0 ::J ..... ~§ o en ::J CD )) 0.. (') ..... Ë(t) )) ët3 ..... ::J (t) c: ët3 ~ ::J )) r::: ::J ~ 0.. )) (t) ::J >< o..~ (t) ::J -ð§$ (t) c: ::J ..... o..(t) _0 en Ëæ. ..... ~ s: CD æ. CD ..... (t) ::J 0.. g, - =r (t) 0- r::: 0.. CO $e. ::f CO "C 8 (t) en en ..... - en ~ ~. ~ )) ::J 0.. c: en (t) =r (ñ' - o ..... (::5" ~ 0- r::: 0.. co $e. ..... cO' r::: ..... (t) en Õ ::f (') ..... (t) )) en (t) - =r CD )) (') (') r::: ..... )) (') '< o ..... - =r CD "C ..... o ~. ~ g, ..... c: ::J 0.. 0- )) )) ::J (') ~ ::t: ~ - o ~ ... o < CD - :::T ëñ" ~" ~ o § U1 tì~:: N c: c! ~$:~ § i c: CD ::J a "'" :< N ~ f I ã ::J - AD ~ f õ ... CD 3 I <:œ.,,-t )) c: c: 0 :::I. 0.. ::J ñ) )) co 0.. - ::J$e.OJm £~æ-~ -C"'::J::J a c: (') 0.. ........ ::J (t) ~ ~o..-.c: _0J1fdI..... ~~enm ~~-a~ (') (t) 0 1:(1)3..... - o-co c: (t) I )) ..... ~ ~ ~~ a. N OJ § )) 6) ::J (') (t) ." ~ N o ~ -t-t2? ~ ~~. --::J :D :D :2. ~ ~ ::J (t)COCO ::J ::J ." c: c: S CDCDð. ~ ~ g,s <P5 ~i ..... ~ - fa w ~ "tJ CD ... ~~~~~~~ .....:s:~O.....~-....I ~""'Ñ~ß~~ 1ù~(oÌ\:)~'".Þ.~ ~C5~~-....I~C5 g;I c: ~~ ~N~iii~ ~~~~~~~~ _~_N'<_''''____''"''~' /bI 4t?-4 f * f CD 3 i!: ¡ ;; !I » (J) (J) (1) (J) (J) 3 (t) :J t"'1"' OJ :J C. » c. < OJ - o ~ (t) 3 » :J OJ ....... -< CJ) -. (J') ~ ~ :;:j t: e; '< ...... 1.0 ~ N o o U1 VJ ,..,. ÞOOO-4 ::::r::J (t) (/) n~ o OJ c ::J ::J n ~(t) .......... OJ» ,..,. = g.0 (t)"tJ (/) (t) ,..,. ., OJ OJ ;:+d: ::J Olc -t'¡ ,..,.» ::::r"tJ (t)"tJ -n" _. 0 (/)"tJ n ., OJ -. _OJ ,..,. -< -. (t) 0 OJ ::J ~~ I -i ::::r (/) -t'¡ c ::J a. ::J lc . . (/) (t) X "tJ (t) ::J a. (t) a. OJ ,..,. ....... o o ~ o 0- '< ""'"tJ 3 OJ ::::r -i ::::r c "tJ -. ., (t).,OJ"tJlCOJ C "tJ @" ., ::::r (/) ::J 0., o(t)::::r _. (t)(/) OJ· X. ., .......... -I -3""'n (/)(/)(/) ::::r COJ OJOJO ro ::J lc @" ::J 3 o.o.~,< 0-3 OJ ::J (t) c: c: (/)0"~0.::J (/) ,..,. OJ W lc -. ~(t)@"~(t)~ ~0.0""'1'"I"'I o lc 0 OJ (t)""" "tJ r-T" -t'¡ ,..,. (t) ~ ., -. OJ .,(t)o::J,..,.c ~-t'¡3,..,.::::rd: ::J. 0 :::r (t) :::!l lC.,,..,.(t)\...In -n::::r OJ ~ OJ m (t) 0- ::J -. n -:::::0 c c 0 n"'::::"::::ro.OJ::J o »clC.,........... c -t'¡., (t) "<: ::J C ., !'""" !'""" ::J ñ· ;:0 ::J: a. OJ (t) 0 -. ::J -i"tJ ;:+ I~ (t) ::::r 0 -. ..... -. n . (/) ;:+ _ -t'¡ .- -io(/)--.J¡:::¡:' ::::r ., -, c (t) "tJ::::r ., (/)"tJ ., -. (t) (t) -. (/) (t) 2 3 :E ;:0 X :2. ~ 0 (t)3 "tJ ::J :.: C (t)lC'< -0 ::J a. < (/)"tJOJ OJ (t) (t) ., ro (/) ~ (t) (/) -. no(/)c(/) OJ.,5..¡:::¡:'OJ ::J 3 ,..,. _."tJ 0-(t)0::J"tJ (t) a. -t'¡ ., ,..,. ,..,.~~ ., ~::::r -I -. ~ Q (t) -. 3 (/) OJ~~ (t)-t'\ OJ a. ., (t) (t)o.(t)- ~ (/) -. OJ '< (t)g.d:(/)....... o.(t)o(t)~ ,..,. ::J 0 8' ñ· OJ ~ ()' . . ~~::Jg~ n·::J OJ t::t. (/) '''''::In''''' ::::r (t)OJ .......... (t) (/) lc ro»x<.[D (/)="tJ< 5..0~OJï1 ,..,. -I (/) ., (/)"tJ a. _. (t) -. (t) ;::¡::::J -. ::J@ cn~ OJ""'ro~-!"'" ::J -. ., ::J 0 (t) :5" lc -t'\ a. ~ n » \0 -. If) ro"tJ .......:::J OJ"tJ ~».......... ., 0 » ~o oc:= "tJ -t'\ lc ~~. 0- ~ 0 OJ C ,..,."tJ OOd: a.... (t) ~OlCo-@ ::J (t) C ,..,. ~ (/) ,..,.,..,.-. 0........... (t)"tJ ::J ., o.Olc ï1 I -t'¡ (/) » ~. If) § @""tJ OJ (t) a. a. "tJ - "tJ (/) ., -<@" . 0-0 (t) ,<"C OJ 3 ,..,. ~. ., 0- :::r OJ (t) (t)d: ~., ng 0" 0 (/) U1(t) c........... ::J :::J I ,..,. ~ :E "'tJ OJ ::J 0 (/) (/) 0"'" ~~ o (t) 0- (t)er ~ ., "tJ o (/) ,..,. (t) a. ::J o ~ o 0- (t) ., ... -iOJ ::::r(/) _.(/) (/) (t) ., (/) (t) (/) (/) 3 c (t) ¡:::¡:'::J (/) ,..,. g' r:Þ (n & /b:J AJA ." fn· ...C i= ,0= c:.m m~ it ... . ~:< < N, .... a tD a, . UI" 16.1 11M . . z . (",.; ~r-t"(f)n QI ~ (J') -0 r-t" n ., r-t":Em :::1 (D:T(DOl c: Ol ..., :T ° Q. :T - ~ ~ (D :< -0. < -'(D -.(D (D -. n ::] U) (J')...,~ 3 -. r-t" ::](D\Jr-t" Ol (D '\ ..... NOl@Ol lC (J') :T OJ ..., Ji~~""" \D o -. (J') (J') ..., Ol n 0 3 -0 ñ' ~ 0::] ;"'""'"0, ° (D (J') r-t" ,... ° ° -. N U1r-t"O» -1'1 n (D C «ft C ~~ 0 (D _.- (D Ol -~'W 0 0-::]<- Ol -. Þ-4 _ ::](D;"'""'"o, ~ U\ C Ol V)' 0 -0 < Þ-4(f) ~c.(f) i¡ ....~ c. ::] -. -c(D:::J(D ,.... '. lCn°-o -. ..., ...,c.r-t":< :::J ro ... (D (D :::J ~ 0'" (D O~ ' , r-t" OJOl ~. o-::::!, ñ' ~if\' , ,I' "ó. . ,4t -1'I@"od: 3g.Q(D ~c: <'.'I.~' 'J °nOl::] ..., ::; ..., lC Ol :T n (J') OlC r-t" ;"'""'"0, o-:T 3 -. c. æ.\J:Tn Ol~Ol" -< :T Ol - rod: -. -0 C :::J Ol ..., ::] ~ ~ -0 :::J -(;A-Ol::]3 "lC (D -. ..., c. ~(J')(D -I........... 0(D- :2:1 ::] < ° (J') (J') OJ (D<........... o......nOl (J')\J (J ~ :E (D I ... 0-< ." nOlc. o :::J :E Ol (D ;::, r-t" » 09;O(J');:O _.-< -. C o r-t"(D =3 UI -1'1 :Tr-t" " Þ-4..., Ol-I(Dr-t" Þ-4c(J') -. (D a r-t" ::] :::J 0, :T -1'1 :T n~o q r.;r =(DC(D Ol -. ..., ,... ~(J')::] :::J ° Ol (D a (Dc.1....¡ ::]d: Olcr -. -. Ol 0- -. ° (J') ..., 3-1'1::]::] (D :::J :::J (D» ,0., -oSlCC ........... n""11 r-t"c a c.cr~ ° (J') I :TlC ¡~ < (J') ..., 3n-l (D C (D:Er-t"OJ -oOl:T .,,(J') _. r-t" 30:To ro~(D ~ Ol ;+. (D C (D Ol r-t"(D"" ::]-...,..., (D Ol (D Ol :::J r-t"c.(Dc. c."":E - c. lD." (J') - ~(f) " 0- ° 3: -, N Ol (D@(D ::] 0 (J') Ol (D ... . N°-(;A- ...,-0 Ol d: (D t""t' -< <od: 0Y1~ N(D ~ Ol ::] :::J 0 U1 03 -. lC U1OJO 00- . Ol Ol ... " Ol'" U1(D 0-5.r-t" -I(J')0 ..., - :T :T(Dg (D'" < (D ..., (D -. C. xr-t" -. (D (J')co- -00 -. ::](J')\J ..., -0 C (Dar tD r-t"C(D (Doc. :::J= :T~= (J'):::JlC c.:::J ~ (DOln C (D ;::;:lC n Ol r-t" r-t" r-t" ~-(;A- -. :::J (J') :T (D ""11::] _.(D C. (D..þ. (J') lC OJ :::Jo--1'I (J')'" @ ° Ol N -. ° 0-0 - -1'1-< Ol C. ..., -<0 ~ __.w >",....,----~" ~.__.."__M'" .,,",,._.,,",...,.,_~_ -^'."._""'....,---"'._.~...- ....~"._.--- -.. /6 J A-J!-'A ~-'\ r \~~, -0 m -0 ~ () m ..... -t r- 0 ..... » n c -t » m m Z Z ~ ~ cmm .....><z » z-O-t -< C)~o () m Cc'" ~ m.....~ < n-tm ..... mc:< n ~~m m ~mz () m()c: C ~ m ..... w () < ..... ..... » () ..... z ..... N C 0 0 z 0 .þ. C m n m 3: u:I m .., w .t'" N o o .þo o "'tJ ~"'tJ ,_ un m jJlZ ~ ~ 0-0 ¡:r1 ¡:r1 ~ Z!-il~ :E C:I: ::a gs::a::a ~ - C/) Z Z C/) r r:I: 00» 0 ri:J ç;'~ 0 ill ~ 0 ~e-i-i-immm::a::a'-t ::a_r::a-meZ Z~mc:c~~~::a~~Za~~~m~~s;:~ G) Z ,0 e ~ 0 0 0 -i -i G') -t ::a e - s: C/) m ::a en » 0 e r _ Z ZOO m» C/)I::a Z m m ¡ Zm-ooG)mmzOp >< ....o»ê~Oo~,~ oG)S:Z~OC:C~C/)m~"'tJO~::a::a~::ars ommG) ::am»-izzmS: »m-C/)>O ::azzC/)emmo::a-ien~-omzG)~»::am c:c ~ -i ~ ~!~ ~ m m ~ ~ ~ ~ s: s;: ill en z r C/),» ~ z »C/)I » » ::a o ¡ r Vol » --' ::a -i -< - C/)e....~ 0 z m::a enO :I: G) ~~ ~zll Ô m z 0 I C/) -i rn I ¡--- I I I .þ. , . I cø ,0 IN N ..... W ~ ~~I~,~ ~ ~ ~II' 000010000, ..... , N N NW.....COO1CJ1' wl.þ.w 8~~~~8 ~~I~~ 0000000000 ..... CJ1 0 CO '".Þ. CO N CJ1 CJ1 01 W N 0) 010 CO 0> .þ. 0 .þ. 0 0 0 00000000 W N CJ1 101 .....W 'N ':.....I w CJ1 ..... Ii\.) I c.o 000> N CJ1'.þ. ..... COI N 010CJ1CO.þ.CDNOOO N ..a. c.ol ':.....II oJR ..... o mNNNCJ1-....J NOOOO1..... .þ.OOO.....CO ..... N ..... ,.þ. CO.þ.N 'ê:xI ..... 0) '".Þ. NO 'ê:xI¡':.....I CD -....J.....COO1O>O>OCO CJ10-....JO)CO......þ.000 N CO o ...., cnoo N ;0 _+____~_ _ m -::a»-o< ~ miC/)ls;: m m s:!~!Z ~ ~ ~ êC/)!::a m < ~ ::a ~.~ ~ ~ C/) m- ;0 e z~Z~em O::::..-i<om OmC/)c:c-t>< s:~-ore"'tJ -tm-o::aC;o m o ~ZZmz -t -<;. 0 G) C » m - C/) ::¡ .... >< ~ e ;0 -0 r ;0 m m m < Z ::¡ m C/) m z m 3: e C/) m CO CX> .þ. W ~..a. _CX> ..... ..... ...., 01 ....... 01 00 00 00000 oolooio ! en (J' ~ ~en 01 (,0) 01 N I <.n NO>WN cø.......01-....JO . ' ~ I ¡ CO I ~ I I .?' _....... 0> _..... (,o)CDN-""'01 ""'WW-....JO ..a.W01wO /~:l A ~A m» eC co, G') "'tJ I m-t -t1m C en -t :!Eon» »o-t -t;O~"'tJ m"'tJmm ;Om.... 3:;oZ- » - -t'o zoo» »ConZ G')m;om mZm» 3:C<-< mzmen zG')Zm ¡IC ~ ~ »~»o cmZm 3: 3: C'en -mmc ~m><- en;o"'tJS -t(,o)men ~~~o -tN-Z -o-t ooe Z.þ.;O m en , m Z o e 3: m ~ Z o m en m ><1;0 "'tJm_ m<- ZmO c -i -Ze -te» em.... ;0 en m- en /6:Z A~/J (") » -- O::Þ" oormC) -I c::¡ -I ïl 1""\ rm .... I 0» I ::!J \.IJ - m Oir- -I m C)::Þ;::O m ;::O<o~;::Omç@~ Š:Wc::»-IWO;::OZ -I::Þc-Ir-~C<mC:: ~ ~¡F= ~ ~ ZI·~ ~ 8 ffi »Zm mz--I;::o>< r-~o ;;tIG)Œwo~ (")-<c »QoG)zzz »Qo'1J :::!mmG)G)c ::2mš: ~oz ïl::¡ -I m ", C m m c:: »O!Z mC);::O m;:u r-C-I ><::Þ::Þ m 0'1J ,,-Ir ~ š: ~ 01 rri r-m ",Z ,. J>Z m ::::l1lI -(-I en ..a....... 00 00 000 ..a. = ...........WWN "".Þ.-"""ooo 00000 00000 000 m Z ("), c:: 3:' D:J ~ ..a. Z = (") ....... ex:> m en w en Ulowoo CD eD ..a. ...... wow ..a. CD N 0') ..... 0') CDo......,¡OO ...... I OeD =0...... =ow ..a. ,þo, CD..........WN -w-...... 0, 00 Uloooo enoooo w --1-- D:J» c::C cO (i)" m-l -I~ m! ><;:u "m» m<(") Zm-l 2zc:: -Ic::» C::mr- ;:uen m- en » -1< 0» -IS; »D:J r-r- m en -I ~.,,» »0-1 -I ;:u,~ m"m ;:Umz 3:;!!-I »00 zc." »m;:u (i)Zm mc< 3:-m m~,z Z ", í c:: -ICm 'm »(")> cmZ 3:3:C -D:Jm ,~ m >< 'en ;:u " -Iwm ;:U..a.Z »~ c -IN- -0-1 00C:: Z,þo,;:U m en Ib:I A~A ° "'0 "'0 m " " :t>:t> z -I (") -I 0 Z "U" m m~ ~ !:: I ::u (j) ::u' 0 ::u ~ .... rree ::Umm-l rrZ O"mmom<m- mmmm--l-lê:t>r~I~ZÞOOØ~ ~m:t>--I(")(j)møOZ<m 00 (j)r"Um::u -~ ~_r::u-m::uC -I --I!(j) Z ~ I ~ 0 ::u 0 ::u 0 ~ Z -4 ~ Z :i!m F=: ::u -I r ~ ~ ~ ~ ~ (j) z :t>Z:t>::U (") m m< (") m Q ~::u ê -~ (j) ~ ~ ~ tJ) c: _ _ ~ e (") ::U,:t> 0 "U _ 0 ::u m ... (j) ::u z m m m m m z z C ::u m O..-I¡~ Z --I m Z Z >< F (") :t> (j) z (") "0 ~::e m --I -I (") :t> ø ølm --I "U'~ --I ø "'0 0 Z e -Ie .- < >< ~ (j) @ ~ ~ :t>'M; );: ~ ?< CD Ë5 " ~ ~ ~ ~ ~ ~ ::u~ ~ '~õ ~ ::u," ::u m m ~ "U CDo (") ~ r r m tJ) ;2 "Um z ø :t>- ~ Z -I ~ ~I-Imr(j)mm~ (") r m~ (j) ~:t>o::uezz<(j)tJ)Oz m~~:t> (j) 2 I r~z :t>-Iø;j; ~~ :t>:t>~ '~ m, ~ (j)r F-I::U~ ::e 1 I' m m tJ)0 I m tJ) ~ z - - -4 I ~ m z -4 '"T1Þ , < ::e< ø m 0-4 (") _ ~::em m n ~"'O (j) I m :e~mm I tJ) Þ::ezC I -4'--40 I I OJÞ mOeoÞ ; I I c:e ::e '"T1Z II I ... " cO ~m::eIOJ C11W..... w........ W ..... <l1 "'0 Z mÞ ..... .....,N N (X) -" -"1(X)..þ. -" (D (D ~..... 0 <l1 <l1 N <l1 ~ ~ -4 Þ e <-< <l1 Ò'> a ,Co '".þ. "N"N '".þ. a 'a 10, a '".þ. ~ èo w å> lèo :...¡ "NCo :... -4 me I ~ Z m '" o 0 0' 0 ·0 0·0 10 0 0 0 0 ~ _ 0 0 0 0 0 0 10 0 .- Z v. 000 olo~o-ro_o 0 010 0 <l1 00 0 010 o,g_~c::> 0 ~ Q c: ~ I m s:~m<- ~ ~ ::e ~¡ ~ N Z e~z- w 0> ,(X) W 0 ~ e ° _ _. _ N-Z w,~ 0 W 10m - -4 .....'0>0 C11 0 - oooOO(X)!WOOO,Ooo 000000000 en gi ! m m ><::e en I ~mþ Z < 0'. em -41 ! -zc: I I -4c:þ -" . c.n W I .....1 C:m NN-".þ...... . ~.......... 0.......... .þ.~ ::eenl Co'".þ.o,N'O~ N Wc.nCowÒ'>o,o, :...~ m- '0 0 (D W 0 ......þ. 0 0 0 <l1 <l1 .þ. r(X) 'ft o 0 0 0 (X) co 0 (X) <l1 v, - . - -- , I Þ I I I a ¡"N ë.ø'"N :... !"N IÒ'> :...¡ I ~ 000 . (X) c.n .þ..þ.'0C11..... m 000'010~ OOIOONNON<l1 .þ. .~"~";.,,~_ U'" .__ _., '~";__ r" _ .·.,.,,·u...."·~,'.··. ._,._.·"·_..,~".___""_","_"_"N~'-·- o Þ o OJ J;! 0 s::: ." ." .,,! 0 0 0 0 OJ ." ... -1C-4 -1Zccmrr0-10rmm~ I-þ I mm:::UOO-oI» m 5 r- -4 m 0 r r-1 -1'-1 -< m -1 m < :::u ZoO :::u :::u » », I I I Z :::u :::u¡-1 ~ S:::G)C::;:!Oo~~mzzG)mQoðC: » -4' -0 -0 '-' '-' :::u G) G) 0 S:::, m -4 0 s::: > r- m m r r OJ :::u »10 c Z m ~ I -0 -< ~ ~,~ æ æ'l~ m Z $:i-o ~ >< þZ:::U m-1-1:::U:::Um~O:::U:::u _-a r- m ~ :::a Z Z 0 O'S::: » c G) m ~~, ~~m ~G)G)>)>'OrZm:g m c , s::: -enmZZ» ." - Z::¡ J;!Qom ZcO-1-1r 0 :::u »c: -4mZ Q-oCenenen :::u en Z:::a ÞO-1 m-o-o- s::: Om r-c ><cs:::~ en m::¡ o -o¡ ~ m m m ~s::: zenz ~ ram ø-1 ,.z m -(-1 ø I ! co 0)1...... ... (]110) Ù'lO'u, a 010 a O(C:::>. , aoo aoo COO)...... "'(]10) Ù'lou, aoo aoo (]1 I~J- ~ en...... .....--. (J1 ëøèo (J1...... .....0 00 UlOOOO Þ mc C:o c-a Q-4 N ~ m o c o 0> is g s>fi§ I m z o c: ~ m ~ en...... Z ...~ N...... 0 Nå>co O'JO......~ m Ww...... 0'J(J1--.0> ø UI............00(J1C:O(J1(J1000 w ......... ëø- ,þ.~ c.øcs:J 1 1 ' ' I '0> ¡ ~ lèo N ............ ...... o ~ Ie?!~ .¡~L~L~,ºJC»~g I ' I m! ><:::a -amþ m<o Zm-4 S!zc: -4C:þ C:mr- :::aø m- CJ) Þ -4'< olþ -4!j; Þ,m r-ir- 'm ~......' I~ ,þ....... (J1 '0 ...... .......èoeoO......Ù1W ¿,,".¡:.. c.øo......oooo --'N ao......<oooooo...... WN coo .þ.:0 ,4PA CJ) , -4 ;." Þ , -4 Om :::al:-a :e-amm þ!Bzc: -4--40 mOOÞ :::aC"'Z m':::a m I:z » »cm-< 'Z - < »zmCJ) QQZm mcc::::a i,l: mi,~ S mo'O ZmZm -4I:CCJ) 'mmc "'m><- ffi:::a-a< r-wm~ c ... z,o 'NS!z c-4 cc: -Þ-:::a m CJ) ° "tJ "tJ m () "U Z ::U::U "U -I -I 01-1 ~ ~ C I "U CJ) ::u ::u ~ ï::UCJ)mmomm-lO~ O~m~ommO ~ZCZZCJ)~~I_~ ::um»CJ)()CJ)GJZ ~-I::u-l-l-l"U"Um::u- ^-~o»mc~ ^CJ) Z » m ~ ~ I I ::u ()m ~ O~ m ZCJ) I ::u ï ::u< ï».r- Z 0 C ::u 0 () \II ::u ' m I ::u GJ () c ¡:= m ~ Z 0 -I m ~ CJ) Ic Z -I ~ m ::u ~ ~ ~ m "U 0 GJ m m ZIP ~ ~ () ~iê ::u () b ~ ;0 o 0 GJ :5: Z I-I 0 ~ -I~'m m "tJ 0 Z ::u ~ ~ ::u r :S mmGJ -m :5:(»::::"::::;:)> Ë3 0 Z Z CJ)IC ~ m () ~ ~ ~ "U m Z ~ -I ~ ::u ~ Z::um-l "U()"U-I m~m ()-I~rmø GJ~~ CJ)-I~C OZCJ) m :5:»CJ) Z » Z »::u ~ 0 ï,. CJ) ï » » -I ~ m- I CJ) r--I () mZ m øO I GJ ::u mZ Z <;0 ,.... _ < YJ () - m (") CJ) m ø .1\) "I\) 0'0 010 00 I w -" 00 C11 C11 I -" w ,0'> W '0, 10, '"0 0'> Co Co '8 8 '.8_@d~ ~ 8.8 I -I I ¡ , I -"I Iw 01\)1\)-".þ. '" N :....'"....J w IN 000000 000000 CJ'I Q œ-" Qo Qo -" C11 0'> ooo,<D "'..... C111\)-" "'..... OOOCOI\)-"O.þ.OO QOOO:OO.OO ~ ..----,-------.-.------- I I N ¡ ,-", 1\)(11 ..... ~..;¡" \. 10' -" 0'> I\) I Co N .þ. -" :... <D C» -" I\) I N I C11 ..... o ~,8 ~ ~:::j &5 N ~._~ ___~ ~+~\ê5J~ ~ I ! -" i ,.0 I' ,0 1C11 01-,,1 "- t I I I ~ -»< zCJ)m -ICJ)Z mmC:: ::UCJ)m mCJ)~ CJ):5:~ -Im;o ZZC:: ()-I(") OCJ)~ :5:"UC:: ~m::U~ ° Z ~ () » "u' r- » ;0 ï m < m Z c:: m .- ~ ..-JI. ..".......0'> Q(D<D ~ . 0 Q I\.) - c>oê5 c> 0 0, ~._-----+---------- c> 0 0 _ ____ _',"_W'T___ ___ ..". W ...~ .þ.......~ to) 0 '" , '".Þ. 0> . , 0'> .þ. R5 I - (Q C:::>-;-~_·-t- . I to) N en I w I\) (11 I\) -" -.. '" C» :-Jrrr. -" -" ~ ~en 00..... - 1- -" '" 00 00 i '0, (ow -" CJ'I 0,- 0,00 O>~ O!<D ..... ~ 00 00 c.v 0'> 0 .þ. to) o (11 0 ..... 0 0 N 0 0 0 '" 0 0 <D N 0 I\) 0> -_..........._,.,..__..._,._'~._...,.+ >,~.,,,,,,,";,. .... ""'''' tb~ A tA ;0 m < m Z c:: m - m >< "tJ m Z o ::::¡ c:: ;0 m ::::¡ m 3C tD~ c:: 0, 0° G)"tJ m-t ~2} m Z (") c:: 3C tD ~ Z (") m ø m ><;0 "tJm» m<(") Zm~ °zc:: ~C::» C::mr- ;o~ m- ø » ~< o~ ~~ r-tD r- m (') '0 ø '3C ~ 3C'TI~ c::°nt Z;03C"tJ -"tJmm ~~Z!: tD-~(") mOO~ ~O'TIZ c::m;otD ~Zm~ :;;S!<~ -zmø ~G)Zm ::::!offi!~ om~- Z(')z(') ,mom 3C ~ ~tDmo °m><- I 3C ;0 "tJ :S 'Zto)mø -..".zo ~~ 0 ~N-Z ;Oc>~ ~c>C:: ~.þ.;O - m ° ø Z n > Oþ3! oor ~c~ ~,,~ IO,. I"\u mo·....m()þ AJ OOAJmr ~~=i>~(J)E; ..........cr.þC< O().......;J>o-ìJm ....I~-<"Uz;2AJ >Zm mZ-~ .mo ~G)rn(J) nAJc >m Z >-<ìJ ~oG)G) 3!POš:: zcS2 ....mm G)()m >oz m::¡AJ .c~ )(_þ OìJ "UOr CŠ:: mZ ....m z !þz en -< --< !J: ---I ""'" ' ~" ~~I~ibl ggo~g~,gl I N c.n ..... ....... N w.......,....... N <.nl~~u__ cø eo - ..... wow - I ""'" + ëø N ~ 0 :;¡io ..... I oeo C»o..... c»ow N ~"""'.þ. (¡J W'".¡::..c.oO - NOlO .þ. <.n 010 .....,¡ /6;Z I4,;-A ~ m < m z c: m - m )( "U m z o .... c: ~ m ::¡ m 3: n en o ....' 3: ." >! 3:0.... c...m z....3:"U -"Umm ::;!~Z!: ....> tJ:Io....O -0 m 0> C:o >o."Z g~ =i~~I~ ~m :;;0<-< °ozmen ---- ---~ > G) Z m m ~offi~ Z om>- o z,o Z 0 i ~ì~orn tJ:I otJ:ImO ~ 3: ~ ~I< Z Zwm~ o ëñ,:-a-~O rn ....N::¡Z ----~ g c .....þ.:::tJ m - m )( :::tJ . 0 I en "Um> iZ m<o Zm~ !2zc ....c> Cm. :::tJen m- en > ....< 0> >!Þ .tJ:I . m ,..," ..~.._---_..~~..,." ...",.-~-_..""' 16:!- Ag¡J o "'0 "'0 ' m » -::c -I m "'U (") -I š:: -I 0 ïl ~ m '~ rlI::C C/)::c O::C :::0 C ti5 m ::c ~ 0 m PJ 0 Q;!:-I 5,» ~ 0 ïl m mom <!m ~ :::0 -Icz»(")C/)~m-l~I -I~ ::cm»-I(")C/)møz m 0::c-lC/)-I-Ic"'Uo"'UmOm- ^-~::c»m::cc:þ < z» m I::c ïl ç I::C O::C 0 ::c ~ m ti5 I m r.::g -I ç,r- m ê ~ g ~ (") fg::c ~ ~ ~ 8 855m a ~ ~ zl~ ~ m ~I::cl~ ~ ::cm"'U~~ø-lmo~zzmx~(")>c/)z(")ö ~:::o m » ø š:: ø I,m 0 r r -I ~ ~:Þ 0 z c -I C::c r < m Zmm» -Ir'-::CJ>~ zr-š::(")~::C::C J>õ X (") Z z ::c c ~ fg m OJ (")I~ en "'0 "'U m z m'-I ~::c m "'0 mm-lOJ "'UI(")ZO-l mmm (")ø~r men m ~ » C/)O-l-l::cc::C ;:oZ mCŠ::J> C/) Z r ~ ~ ~ ~~ ~~ ç~~ ~ 1 C/) ç Z -I ::c (") c: mZ :ÞO I :::0 ::c-l r-z Z m en <,z en ø :::¡ ~ I (")ø m m"':Þ ~ I m:;g 3: o~rri C/) _ I 0 3: "'0 ; ,0 3:,"'0 m m r·· .. !2 ... -1---1· - » ~ ~I~I~ I too .~o,."z en I EO 1 ~:::oto N ~NCJ'1""¡ OQ..... ,~(¡J""'CD~ "'0 to m:Þ ~.~.~~~ ~ 9~~~ ~~~~I~'~!~I~'~ ~.-I ~ o.~ ~ 01 C,¡.) 0 0110 0 00 ¡""¡'CD 100 CD 00.þ. C,¡.) CD'O') IN .....10') -II m "" z Zen o 0 0 0'0 0 0'01..... 0 Q 0'0 0 0'01010 0 0 c: G) m o 0 0 00 0 0 0 0 0 0 CD 0 Q 0 0 0 0 00 '0 0 -I C::::O 'I'! i' ,::¡;OmLOr~lS'·"'.o -L ... rn i N I..... 1CJ'1 .......... ................ .NCD (j) CD .þ. CD 1 .þ. ,..... 01 ~ ~ CD N ,N 00 00 '.þ.""¡ 0, w w 0, (¡J CD '1"oo!W W '1m ...... "00 I~ W '"00 ':...,¡ ""0 0, , o 0 ..... 01 (¡J ..,,¡ 0 0') (¡J........,,¡ NoN 0 0 0 CJ'1 00 ..,,¡ N o 0 0 0') ..... 00 0 ..... ..... '(¡J 'CJ'1 ..... C,¡.) WOO 0 0 NO..... 0 I :Þ I < I ~:Þ I 0- .þ. I N ~r- ..... ê NN.......,,¡..,,¡ :þ» ~ ~ ,~...,,¡ ..þ. .~ ...... r- [JJ CD CD 0') I 00 I I ,OOO'NO 0 r- oo~~ffi~~~~ 0~~g1~~ m co ,,=_,._,"_ .~.._".,._..._~_,..,,,,."..._ ,'''0 ..,,,,,.,,,,,,,_'*"_..._..__,"".," <..------..""-";.,,"'~".,""........,.~-.""-,,..~......" ~.,~,. o I » \ I o » 3! 0 OJ '"'0 0 ~'." ."'.,, 0 0 0 r 0 ." ." ." ." » ~ (J) ~Cooo4 ~O»~-ccmrrOO~rrrrc»'"'O I ~» I 0 Z I Oz m m ;:0 0 0 '"'0 m I'mm mm mm mm ~ Z ;:0 mOï m^~m rr~~~~Zm 0- ;:O(J)O ;:O(J)-;:o;:O»»III-(J);:O~~~~(J)~Z ..... Z ' - - Z' 'z :::::0' :::::0''''' m ^ ~ » c: 0.., ~ Qo G) 0 0 Z!Z m ZZ G) m m'O :::.. :::..1...... ~'Z r » Z 0004;:0 '"'0 '"'0 O! 0 ;:0 G) G) (J) I 0 »» ~ ;:0 » m o 0 !þ )! » ~ (J),m m r r OJ ;:0 » ~ »Ic Z Z Z 0 C Z ;:0 I ~ -< ï Z OJ ~ ;:0 ~ C c O,m Z » Z '"'0 ~ ~,~ COO (J) Z ;:0 0 Z c: '"'0 ~ ~ ~ ~ I Z 0 ;:0 0 ~'»I'"'O (J) ~ @ m U3 mC ~G)or--__m~CG)'"'Omz».,,(J) r~ ;:0 0 m - » m Z ZG) 0 0 ~ » Z mm Z ~;:o 0;:0 J> m ~ ^ ;0 m ~ (J) G) » » 0 r - (J)I;:o ~ ~(J)! m ~ Z ~ (J) »00 (J)mZZ» ." ~ 0 Qo ooo4C Co~~r 0 _;:0 (J)~ m -OZ, C(J)(J)(J);:O ~m 0» g ~~(J) ~''"'O(J) ~ (J)~ ~Z - - -~." ;:0 -~ '"'0 m><O mm (J) zm ~ ~Z (J)Z G)Z m m ~ » Z Z Z ~ en 0 m m en ~N -..JW 001 00 00 Ø) ~ CD '0 ~ CDo ~: N Nlw W '01'00, 010 0 o OIOiO 0 ~l.þ.. .þ.. ~ooo 0000 0000 I . ~ O')N ~ IN 0') N 0 0 0> a ¡a 0, N I ~ 0, a 0881888,088,8 ~ ~ w ~I N 0 ~ ,N ~ ~ W ~ 01 N Wi)::..,)::.. (X) W ~ CJ1 N 0'> ~ (X) -... N W ~ 0 (X) 0 0> '?o('? c.o 0 ~ 0 0 W W N 0 0 0> W -... 0 0 c.o 0 .. ---~----...---- I , ! ~ CD ~ ! W CJ'I 0> (X) W ~ !~ CJ1.þ.. ë,) -.. ~ Ò) 01 )::.. IN 0> ~ ,(x) N 0> -... a 0,!Ò) c (X) N N -... 0> .þ.. .þ..'~ c.o W ol~ N CJ1 N 0 (X) 10> 0 0 N 0 0 -... 0 (XI 0> .þ..lw -... (X) 0 CJ1 W -... 0 0 CJ10> /62 lirA ;0 m < m Z c: m - m >< ~ m Z ° =4 c: ;0 m =4 m 3:1 OJ» c:0 00 G')~ mooo4 ooo4m ° m Z o c: 3: OJ ~ Z o m en en 0004 "'1» 0,010004 o;o~~ 3:~mm 3:mZ!!: ,c: 220004 0 IZ 0 0 » 0004 0." Z -<m;oOJ OJZm» miO < -< »zmen C:G')Zm 0004 C:"PI i:;;Om< IÕ~»zÕ I» m m :::! 3:0 en OOJmo zm>« ,;o~- ."wm~ -...a.Zo m~ O'Z ïN- ocooo4 CC: ~;o m en m ><;0 ~m» m<o zmooo4 52zc: ooo4c:» C:mï ;0 en m- en, N 0'> W '".Þ.Û1 wo ~o N co CD N~~ ~~8 c.o /62 Atlt :xJ m < m Z c:. m: -' -t m ~ >< ,,¡ m' r- Z 0 c :Þ =1 " c: =1: :xJ :Þ m en r- -t -t ° m ,,» c: 3: oo-t -t 0:xJ~" S 3:"mm 3:mzr- c:æ-tñ IXJ:Þ zoo» c:C :::;!c"z cO m:xJ1XJ ~~ Q" IXJZm» m-t ,~!2 < ~ ( -tm ' Z m en CI c C:G)Zm CI -t C:':xJ -Cm m "m < Z :ñ 0 ~ ñ 0 »m m c: ::!3:cen 3: O'IXJ m C IXJ zm><- ~! .:xJ"S "wm~ - Z -_Zo CI n m ~ C ÙI r-N-Z m CCI-t CI)¡ en ClC: cø: ,þ.:xJ m m en ><:xJ ~m» z<n cm-t _zc: -tc:» C:mr- :xJen m- CI en » -t); o- N )!5= cø ~I r-IXJ r- m ..... 0 __",_~_~,_""",.__~__,~,·e"_'~~''''___··· ..._....'..¡>¡...... o ~, ~ ~ m! m o Z ::u ::u "'0 -i -i 0 Z i~ m L'1](j)::U::U ~ I Z z~6 (') ~- ~(j)mmomm-io ~ roommo -i-imcZ ~czz(j)rr:J:_O,~ (j)(')(j)G)z mmC::Uc: (')::u-i-i-i~~m::U::u- o>mc> ::U::UOZ>m m>mro~:J::J:::U~~~~::ur~ç, mm 0ø (j) ~ g c ~ 0 0 (')0 -i -I m 0 ~ (j)m m ::u ø ~!~ ~ < ~ C~I r-zz (') X~- ~(j)m --IZ>~ "'0 m =ü 0 G)'m m Z 0 P ~ > ::u (') 0 > ~ Z >-1 r c: ~ ~ ~ ì5 ~ ~ ~ ~ ~ m:mZ !;; ~ ~::u ç <(") 8 x',> ~I~ mzz "" >-,z, mm-(j) (')Omc: (j)m-i(j)~m~(,)::U-lø~z~>::Um ~o<~~ G)~ (j)~m~m mø-i~çrnØ~mF>-im ~ r ~ ~ 65 ~ ~ ~ ~ ,m 5 ~ m (j)c > (') >~::u ::u m::U':J:' o~ ~ ::u (j)m ø Z ~::u ~---' I < m ~ m -, - ~ ~ \,II < (')m < m mz Õ z (j)-I m c: ø m N'..... .....'OONW W......,W 01 O)! Ï\.> '"w '"0 0.. 0> ):.. 10> ¡ '"....J 0000000000 000 0 0 0 0.0 0 0 w . W cøN NI...... w :.a. -...... 0> ! Ï\.> Ï\.> 00 0'0 0 00000 0) .þ. ~..... _I\.) 0)0 00 000 i~ [5J1 i~ 0[0 I 1 01 W 0:>):..0> 01, 01 01 01 000:>0>00 i [ I I I..... 19 ......:01 (0'0> NOOO 00000 OOOO!O N 01 ...... 0> N '!'"....J W Ï\.> " 0100>N <000 N o 0 01 0:> 0 ~ 0> 010 0 ... ~ (0 001-"" '"....J N01...... 01 .þ. ~-iCD 0 01 U'I ~-I\.) I~' ¡~ .....0> (1):.. O)a> (o-.... - COt'" ,. f i I ...... ......w -.........N ...... !'"w -...... wo..o> '".....J .....,01...........0>00:> O>'OO>NOOO N N !»~~-"'¡W ~k~~t O)<O,NOO1 ... I ... ::: ,!') .þ. coo> 01-""" Wa> <ON cøa>W.þ.W ..... ..... ~.,.~._----""~ 16:l AlA- ~ m < m z c: m - m X ~ m z c =t c: ~ m =t m 3: 03> c:C cO (j')~ m~ ~~ m z (") c: 3: 03 ~ Z (") m ø m x~ ~m> m<(") Zm~ 2zc: ~c:> C:m, ~ ø I m - I ø ~I ~> 0- ~> >03 " m ø ~ ,,> ØO~ ~~m i~ ~ ~!~ ,m m z' ~~~õ ,00> -c"z (j')m~03 :I:iz m > ::I'c < -< z z m'Ø (j')(j')Zm . c:..... >Cm:< cm>- 3:(")Z(") _m m ZI3: c ø (ñ03mc ~mX< ~ ~ ~,- >wmø ~...zo '- - c '0 N - Z ZO~ 0C: .þ.~ m ø I 16.:z IIf-A 0 >1 -~.- 0:2 0 -i-t -i I» I :;:0 m' m m ::OO-t::o < ~COO m »-t~ïJ Z -t().!;,m C m OI¡-<O~ - m ~Z "'CI-i >< ,~ mZ "'CI 0-< ~G) m Z >Qo :::!en 0 :2m ZC :::¡ -to (i')ïJ C »C m~ :;:0 en ,- ><- m -t OïJ "'CIm :::¡ ,'TI » C~ men '0 -t -tm Z m en:;:om !;Z en 3: -t 3:"'CI -i m :;:O"'CI m m mm¡ -< en m:;:oZ!: -t--to >' ,00> mo -O'TIZ Co (i')m:;:om U'I 0"'CI J:zm» .... -" en...... (i')-t :::!o<-< 00 ",þ.- mm 00 08 -to Zzmen 00 0°1 G')G')Zm I C:;:o m » 0 m:< Z om>- 0 3:°zo C _mom Z3: en 3:¡ ëñmmo m -tm><- ~ ~:;:O"'CIS wmen .... Z -t....ZO co 0 -~ 0 0 m' ON-Z en en zo-t 00 eno oC ~:;:o m m ><:;:0 en "'CIm> m<o Zm-t 2zc .... -tc» Cm, 0 :;:0 en ",þ. m- N en ' 00 No > -t< 0» N ~!; .... -" ........... ,m 00 'ëøo ,I 00 ....0 m 00 .... 0 -" I'V , -..~-"...".-,"'---";""'-""-" ~'--"''''''~-'-'''- .,-.."''",..-..... \0 L---~Þ r-'" -š::::¡ G)"'C» I;a.. -i°0 Z<c: G)m-t -t"'CŠ::" OOm» -trZ-< » m.~ ..en oG) » m " Z _ m ~ ~ .. r o c: -t S ~ ~ ~oo ..N '.?' ooW01 000 000 000 000 ~ ~ S.Þ..N_m oowo1 o 010 000 ~ W 10 ", I", m o » Z m 010 m m ;a en-;;a 0 ;a :::0 -I C en r m -I Z ~ m Olm < m ~ I -i C!~ rIG) -t -I 0 en m G) Z -tmO;a-lEmz- ;a»m;ac» O;az»;ar;amZ-tmr~-iS;:.. -t 0 en Z Oi:Þ 0 m G') 0 š:: en m š:: ;a en »"'Cco_;ao;a~~mm."menm ~ ~ ~ ~ ~ ~ ~ ~ ", .. ~ 8 0 ,» ~ ....» Z IJI r;a IJ/,m "'"'T'I;a;a r_ W -I m m» .,,'Z ~ - » 0 m-oz "'Comenmm-len ;a'm :::OZmm I-Imm~G)-<~ 'm'en ~ G) ;a 0 c en 0 Cs;: š:: I » en -en » z» Z»::O Zc r mrl -1-< G')"'C en ~;a() m~ m en I ~ Œ ~, ~ ì5 ~ ~I S en ,^ 1 0 m v,' m en en m...... N m-...oo ~ è.v (0 I (XI 10> 000.010 00000 I W! IN .?' N 'N ...... CJ11CJ1 N è.v ):.. a I):.. :.... 0000100 000000 ...... . 0')1...... - I- ooNCJ1 000 000 01.þ. t8z,0100~~01 000000 ~ .?'.þ. 01- O~ WOO , 1100 (0100 ):.. o 0.0 OON I I 5" I -... 0> CJ1 0') CJ1 i <.0 (j æ ~~9 l~ H~r-- ...... ......<.0 -....þ. NIO 0 ~ N'...... ~oo 9.þ....... N è.v I ...... ...... iN Ù1 <.00 I (0000 00000000,00 I N .?'...... ......,.......þ. ~ ~ ~ ~llglPó ~ ~~OO.O............ /6.1- A ~A :::0 m < m Z c: m - ml >< ", m Z c ::¡ c: :::0' m ::¡ m s:: 03» c:C cO G')'" m-t -t~ m Z o c: s:: 03 ~ Z o m en m ><:::0 "'m» m<o Zm-t 2zc: -tc:» c:m.. :::0 en m - I en ~ -t -, o~ -t> »03 .... m . ...~,,,,,,,,___,__~"_._·W'·" __.~,~ en -t ""» 0-1 :::om ",s::~ mm.. en:::oZ- -1--10 :::000» mC""Z m m :::0103 -IZm» ..c<-< G')zmen !::I: G') Z m -IcC::;U zm~S G')o,o I m Cz m s:: en I""mmc iiim><- II E :::0 ", < wmen ...Zo ~cz 0-1 oc: ,þ,,:;U m en ;:c 1 m¡ :::0:::0 en mmm enen~ mmm :::0:::0 en < <, mm "" 00 :::0:::0 ()() »0 "'U Z, -i-i »- rZ ~ G) o m ~ Z » ()! ï m, en I ;:c m en m ~ m en Con (]I .:...a~-~ Ø)0(j) 000 000 000 000' Con ' (]I ..... (j)¡~ ëno'å> 000 000 ~ .þ.. ~~ ~ ~ ~Z~~ S;~Z ZZ~ I CJ ~ ~ ~ :::0 » .."en < -I Z m:::O:::!mO:::OZm mmc: :::0 m Z ". ~ -< en;:c en :::0 m ()9G)~»,,~en ~Œ~ o ---, m' ï 0 m -i ~ Z () >< 1;:C ~ :::0 :::0 QO Z en c: ~ -i 0 "O,m< ,,<" 0 -i OJI 0:::oenm »';:::00 ZI»~ ~»-iZ Z:::oOZ c: ï () :::0 enm en ,..., ~ ~ -1m "'1'1 -im ..",-,"'U~ ,w OC::=>, [!!G)OJm ~I m "0 » ::::.1 ,w m - c: en! mrOJ' enzCJ'~-i1 ~enC QOmenO ~~~ o~~za z<m Ormen~ G)()~ :!¡ ~ » mmz ;:c r ï ><en-l m - ;:c "0 c: G) m m ~ I < Z - -i m en 0 Z z m Z G) c: en en m I :t .þ.. I CD ~I~ ë.nè.nIO 000 000 Con~w .OOCD ..a. Con (]I CD 'Q 'Q å>i~ 0000 0000 ~w _N l-~ ..a.~0 000 oor i I 000 0000 000 I [. ' I ..... -...I CD CDi CD CD CD CDI ëø Co "co èx> I :!!: ~t¡_O- g <:> i?t- ..a. ~ ....... å>' (¡,).þ..CD (¡,)(j)CD (¡,) W Ø)(j) CDCD~ ë.nè.no NNO 000 A..!....", I è5 O,CD ..a. Con (]I i CD 'Q'"..a.å>è.n '0 Con 0 (]I 0000 . ..a. ~ I I (¡,).þ..CD 0') (]I ~ O').þ..N /(,). At A ;:c m < m Z c: m - m >< "0 m Z c :::¡ C:' ;:c m :::¡ m 3!: m» c:o cO G)"O m~ ~m c m Z o c: 3!: m ~ Z o m en m ><;:c "Om» m<o Zm~ 2zc: ~c:» C:mï ;:cen m- en » ~~ 0- ~~ ïm ï m M",~''''C'C,~_,___''''~ ,~,..._---".--"~,,~- en' ~ ..,,» o~ ;:C~"O "Omm mzï æ~õ 00» o.."z m;:cm enZm» m2<-< ozmen c:G)Zm læc::¡¡~ ~m»- -<ozo mom 3!: en 'm m C m><- ;:c"O:S wmen ..a.Zo ~ C N-Z o~ 0C: ,þ,,;:C m len /62 Ac91f ;:UZ -t ;:u mm ~~ m ..~ en G') < :::0 Oz zzm mm(ll cn;:U~ -t~en <-IZ <0 0:::0'" mmc: mmm -t-<~ cn:::Om :::0 en en -tlm en ;:u < -t Þ."en s:cn-t m, m ;:u ""0 go m-t;:u < ." -t:::oo zcnc: m! 0' m Z :::0 < ~~o -Iroo -»-t c: 0 Z»Z z c: m en:::O-t rM ;:u - » ."O;:u m "tJ mG)- :::o! m >< -t ;:umm m "0 »1 cn m enz Z r gom -I -t -t C 0 (")~ 0 :::¡ ~ Or ~ c: Z ;:u .... -t .... m ;:u ~ ;:u :::¡ m m en en m < m :-t c: 3: m -t m .,,!þ ~ 0 Z o-t c: ;:U~"O m Z m en en en ¡~ m m ;:uze mÞ _-t(") .-..... .-..... c:c o o'Þ NN NN cO ic."z wc..v I «:>0 WI'V G')"O IZ ~ ~ ~ co 00 .- <ØCD !=>5J15J1 m-t '7Þ.'".Þ. ë.n ':..,,'"....1 NI'VO -t~ enc<~ «:>0 «:> «:>0 coo c: -, co «:> «:>0 coo ;:uz,men mG')Zm m ccc:;:u z Þmms 0 en(")ÞO c: enmZm 3: m3:cen m -tmmc ~ enm><- ;:u"O< Z w1m en 0 .-Zo m ~ c co C «:>0 en N-Z coo c-t cc: m .þ.;:U ><;:u m "OmÞ en m<o zm-t 2zc: .þ..þ. -t c: þ' co .- c:m.... wc..v c CD ;:Uen co (II 00 ",,: m- «:>0 co 0 (»I en : «:>0 C co co I'V (]I I ~~~~~ "._~-~- ~ I -tÞ co 00 I .-..... 0- NNI I I ~ç: W c..v I «:>0 .-......J:,. (II (]I: .- <ØCD cø (]I ....m '7Þ. '".Þ.' g ':..,,'"....1 ënë...>N .... «:>0 «:>0 ..... CD ..... m «:>0 «:> «:>0 W 00 (]I ..... (]I "'~'<'-"'~-----';'" /167 AflJ "tJ¡Z 00041 .::a I'"'O ;:u (f) e;:u 0 ;:u ~ m '() 1()T.:::.1 ~ ~;ul»';;:'; .;,:;'~r-o-O () ~ r m OJ mom < m C/) (.II »» ;:u Z ml(f) Z,Z Z¡r m c: m » (f) -i () (f) m G) 0 ~ 0004 ;:u ;:u » C/) - i (f) -i < -i,» r ;:u Z !:i 0 ;:u » ~ ~ c: ~ ;;, 0 ;:u-< -<;:u!~ ~ ~im ~ m ~IZ Z ;:u ffi ::a I;:umr;OJ::!rr-C/)ooo4 ::a C:(f)m-im;:uom m _ m :s:: (f) ~ :s:: ~ C/) 0004 ~ ï1 ï1 ~ C/) ;:u !:s:: ~ :s:: ~ m< c: ~ ~ ~ z-imm m m::a 00 QO (f) --,m--,_m ::a (f) ;:u Z () "TIo (f)>::a m ooo4~ ;:u ;:u ;B n m ~ -i I Z (f) m Z » c:: ~ C:,m -i c: .,., < < ~ ~ 0 0 :s:: -i »'-i OJ» ~ -i 0 n m ;:u!:s:: ;:u ;:U;OJ ç - » » m (f) ><z » < 0004 - »m m -i (f) ;:u n Z;:u ;:u,:s:: Z Z "'0 ()!-i OJ 0 » c:: m Z() Z G) -< »ç m rn ~ 0 0"'0 ~ -i ;:u 0lm ~ < ro::a ~ -i c: ::;::00 m 0 1'"'\ OJ - "'0 - r ;:u - » m m' m r::::.. (f) ""1'1 \JJi(f) OJ ~ Z r m Z r ;:u ! J> » ;:u ,." "TI m, 0 c:: -<;. () m (f) G) 0 m Z ;:u -i -< C/) m Z , ^ 0004 m :;:¡ () -i (f);:u:S:: 0 : () QOzmw- ><»-i ~ I n () ~ ~ ~ 0004 "'0 r 0 l~ ~ c:: Z OC:rCC/)O~;:U -i>< ::a G) z:S:: G) ;! (f) » m m C/) ooo4OJ I """m ><(f) ~ 0004 ::a;:U -i r- (f) m I m "T1 Þ ¡:¡:¡» (f) ::a (f)'" 0 0004 -Z m - þ::am c:: () < r- ' 3:"tJ ~m m r-~mm O(f) Z o::a!zC Z c:: "tJ _,0004 n C/) m mOOÞ ::a 0' "T1 Z I , OJÞ þm::aOJ I N ~ W.N c::O ooo4ZmÞ ..... ..... 01 .-. (7) , i-v W N '<..n 0> 0 0 Z 0 < -< 0> .þ.01N.....01 (7)(7).....(J1<'o W ~ ,.þ.......þ. "tJ - W 0> W ~ .....,0>..... ~!» 0 COi<.O N N lCO.þ...... 01 G) 0004 G) Z,m C/) W W ""0 e:" :... W ~ (¡.)o ~ ~ <..n ~ Ò» <..n :... 'êo <..n e:" mooo4 m "T1 G) I Zc:: m o 0 0 00 0 0 _ c.o 0,0 0 0 aiO 0 0 o 0 0 a!o 0 0, o.s:..þ. 0 0 0 0 0 0 0:0 0 0 0 0 c:: 0 m ~ : Zm_- m 0 n·".... n Z C/)m!Zm n n3:°C/) c:: 0 OJ ><m 0 3:3:m <: OJ 'OJ ::a "tJ - ~ i_ (¡.) m C/) Z.-.ZO m~ 0 , Z ON-Z I n 00004 , m oc:: 'C/) .s:. ::a o 0 0t <? 0 J? ~~: <? I~- ' rn I ! m ><::a "tJmþ ~<n , 0 mooo4 N ..... -Zc:: ..... ..... Ü1 .(0 01 ooo4C::þ, 0> .......... N01 <Ø<.O (II co N W c::mr-! Wi..........W CO'N ~ '<.0 0 CO -"¡N ..... ::aC/) W 'e:" ""0 :... "-..¡ ~ Q) 100 W NW <..n ,i-v (J1 ~ m - o -..¡ 0 N ~ N (.II ,01 en W (J1 0 0 c.o -..¡ : o 0 ..... <.0 0 00 01 : 0 0 0 0 '0 ~+--~--_..+- I I 0004 ~ ' ! ,N Ñ O- w '-'(.11 I i-vÑ ~ cJ, " ~ ooo4r ww~CO<.O ,(7)(7).....01<.0 co WI N.....,..... þJ> .þ. ..... c.o ..... -..¡ CO i~ !» 0 CO <.0 N .þ. 0 N ..... r- OJ e:" êo ~ !:... <..n êo (¡.) (.II ~ I <..n <..n N ~, :... <..n 'e:" '<..n (J1 r- W <.0 -"¡iO-"¡ -..¡ o.s:. c.o 001 W W'.þ. <.0 <.0 oc.o m 00<.0..... O'N 01 o.s:..þ. 00 N O1i01 wO>O> O,.þ. ..... (j) ...-_,.;,,_,.'~ _ ......_.".""._...., ,_.; <'_""'"''W'~''''''''''' "~""'-~-"'~'< ~~..._-_.,-_..".,~ ,~.- ." ~-- , . 0 I , , I . . ." Z ::.u l::.u -i m "'C () I ~H ~m~(5~Z¡ I rT1JTjJ~~~¿n ~II.·. m~ ~t c: mm::.uïomm'mom-i-i ïm;l>~ Z¡ O'ïI ê Z z;I> m (j) ï ï ï -i s::: I m 0;1> "'C -i;l> 0 Øl..... ::.u1m -i -i (j) () -i ï m m OI"'C m::.u::.u z s;: m ï::.u z- ^- ~ m OJ I;a ïI ~ ~ ~ ::.u 0 ::.u 0 ~::.u z ::.u m m m~ m 651 z 0 C ;l>z () ::.um J> 0 0 "'C ::.u () m. -i !:2 -i C s::: ~ m ::.u C () C ï' _ _ ::.u z z 0 ;I> 0 "'C - Z (j);I> l::.u m (j) ::.u m "'C 0,0 ~ ø -i m m 0 ~ z -i 8 m ø m z ()z >< () ;I> øS:::ZG) ImOOJï -i"'C(j)~ -iC:G)~""'OZ m m ø;l> -i ï - m ::.u s;:1~ ;I> -i (j) "'C m m ïI Z 0 s::: () Z Z (j)::.u! C ~ ~ m m OJ.() ~ ::.u ~ ~ ~ men..... "'C m m-i OJ "'CI()"'CZO-imm ø Z mm~m ~ ~ (j) 0 -i'~ ~ ::.u j; Z s::: ::.u ()' (j) ; 65 ï m ffi (j)ï ï-iOJ ;I> m m;l> (j) c,S::: ;:0 -i m ::.u I eno ::.u (j) Oz < m Z - s::: ~ () m r- m Z en (j) -i m ~ ñ m en ...... ......,1\) W N...... ...... ~,O,(J1iN c.o W ~ W ...... o '"......¡........ ''"......¡ (,) 0 10 0, 00 gggggg'gg¡g -I I\) 0>...... I ~O"""W U1~W"""N 1\)00'¡::'~""""""OOc.o"""0 k> 10, 0 ~ 0, (0 ,00 0 Ik> (0 0,0 0 0 0 ...... 0 00 ~ o 0'0 0 0 0 c.o 0 00 (J1 cø ......1\) cø......w '0(0........ Coo Coo -" ;.-------+--..-- , ~~ ~r¡ ~~i I (J1 I\)+~ 0 ....,¡ ~olO-J-0 0 , I I I i I , ...... , ~ ~ ~ m~ ~~ ....,¡ U1 (»...... (» 0 .....¡..... SlJ5"> U1 ~ IN o ........ k> ........ '"......¡ '"......¡ ¡t.> ¡~ W (» w t.>(') J'"......¡ ~ g ~ i ~ ,~ ¡;¡ g, 15 , ~ ~ ~ ~ i~P 0 o~ 2 g 1$ '" ~ '¡;; t'; ~ ¡;; w "".,] ~ ~.~ N 00 .¡::. ~ ...... O>,......C'OI(» ~ ~ ......0 (» I k> ¡'"......¡ 0 ~ 0, 0, '........0 ~ '"......¡ o I\) ,..... .¡::. W 0 iW '0 0 0 c.o c.o 0 .¡::. W W (»¡(» 0 ...... O'(»IO 0 0 (» ~ 0 ...... 0 W o . 0 0.0+C)+s:>~ . ¡ coo w cøl\) U1.....w N(o........ U100 NOO' U1 co w ....... ... cooo ...... ....,¡ 11o::¡:. I/- f Â ;:0 m < m Z c: m - m >< ." m Z o :::¡ c: ;:0 m :::¡ m ¡: m~ c:0 00 G')'" m..... .....m o m >< ;:0 I "'m~ m<o zm..... 2zc: .....c:~ C:mr- ;:0 en m- en ~ .....~ 0- ~!Þ r-m r- m. -\----.----j , en ..... .,,~ 0..... ~;:Oì~." J: ~Im ~ o;:oz- .,,-.....0 m 0 o!~ ;:0 0 .,,¡z ~m""m .....zm~ z2<-< G')zmen ."G')zm c:oC:;:o m< zm~- oOzo enm m o ¡: O,en ommo ¡:m>« m;:O"'- _wmen z...zo m ~ 0 ON-Z C..... cC: "';:0 m, en, Ib:r. A~IJ 1 I I . ili- ~OŠ:~~~COOOïOï~QI~~~~~>Š:OO> > ~ Z CIC m ~ ï 0 ~!~ ï 0 ;U ~O H; H; H; H; C > ~ C Z :J: 0 m m ;U ~ 0 ~ ~,UJ m m z :J: > m m m m ~ z ;U ~ ~ m ï ï ~ 0 ~ -<0 > ;U z ~ m ~,~ ~ ~ ~ 0 ~ Z 0 - ;U ;U > > ï ;U :J: zlm ï ^ 00 - ;U1;U 00 m ^ - ~ 0 0 Z z Ñ š: Z G)IOO > 00 m ~ mš: Zo š: š: ;æ ~ Z ï ZOO UJ~~oom G) C0;UOOUJO »~;u>m 00 m m ï ï¡;U ;U S20 0 ~ m< m > > C Z Z Z 0 C Z ;U C C,;U ;U C COO m :J: ~ 0 Z Z - š: ~ ~ COO 00 ~ ~!> > OJ OJÌ ~ C ~ ï ~ 0 ° ° ~ > m m ~ ^ m -< zl ~ ~ ~ ;U ;U m » z AI ñi - ;U ~ 0 m z z z 00 00 00 0' m Z ZOO;U ï,~ ~ 00 00 ° m¡;u Z ~ ~ ~ o;U ç;: rri m 00 G) G) » > ~ '~oo ~ ZI;U,OJ ~ mOO m š: Z'Š: 00 m Z Z 0 AI UJ G) 1 š: -;U Z m mol ~g~~~ ~ ~~é~ ~~oo ~~ ~~oo 00 m z» o~~ - cš:~ Õ G);u m~ Œm:J: 00 00 Z m ~ š: o » ï 00 1 I ;~ ø J,,,,~ ~ ~ W 1(0 10 0 0) 0 0, (JI N 0 'é:P 100 0 0 0 0 0 0 0 0 0'0000000000 (j)t\.)-" .....000 .......o'ON 0000 00000 ..... o 10 a1 .þ. ..... 0 0 I\J 10 0 W 000 0'10 0 0 o 0 0 0 0,0 0 0 , I\J ~ ..... .?>! I..... t\.) ..þ. I\J ..... (JI I~ N ):.. CO I):.. N N W!-...I W W CO -...I 0) .þ. CO 0) 0) 0) (JI (j) ..... ~ W (JI W 0 01..... 0 t\.) (JI 0) olc.c 0 0 0 0 '0 0 (JI 0 r----- -+-------+---- , -" I\J I\J CO 0 1.-" ..... ..... IW (JI c.c 0 co I\J -" 0 t\.) 1 I\J 0) W 'I.þ. .þ. .þ. 0) 0 .þ. -...I CO CO O).þ. CO 0 W (JI1.þ. 0 0 0 w ¡~ !~ 0'1 ..þ..:o I\J CO ..... I\J 0) ......10 ,0, à> iN -".þ......l\Ja1I\JO COO)O o ,W (j) 0) W -...I 0 0 (JI 0) 0 --- ---\-- 1 1 , ¡--"I I ..... 0) ,W ,..... ..... CO CO W (0 W :0 10 ....... ".......I 0, CO -...I .þ. 1-...1 10 0 0 0 .þ..þ. ......:WIO 0 0 0 ,~ ~ ~ I\J ~11\J0).þ. ¡VJ 0,0 ..... 0 ..... ,):.. w à> 0):.. 10 0 0) 1".......1 t\.) 0,0 ~ 0) (JI...... 0 -...I ...... 00 0 O.CO CO 01-...1 __.þ. 0) -" 0 (JI 0 0 0 0 010 CO ...... co _"~"<___""«"""'_'__""""'"_"""__'M"""_'_'___...._.._..... ~ m < m Z c: m - m >< " m Z C ::¡ c: ~ m ::¡ m :r: en ~ "T1» O~ »~~" I"mm 1m O~z!: ,,-~(') ~g~~ »m""aI ~Zm» -C<-< Z-m G),zzen "T1G)c:m c:cm~ zm»- C(')z(') enm....m ('):r:....en Oalmc :r:m>« aI~"- _wmen z..a.zO ~NºZ ....o~ oc: .þ.~ m en aI'» c:IC 10 C" G)~ mm ~C m z (') c: :r: aI ~ Z (') m en » ~< O~ ~!Þ »aI lï m " -f rn ~ ~ - ~ --t -a ::u ::u m -f CJ:CJ Z -f Z 0 » » r s:¡CJ - m m " 0 ele (f) ::u (f) -I e e G> ìJ e :;:! øø<-fOO~ »~ IO-lI::ur~ m m m » G> G> m 00040 Z m m 0 0 -I 010 ï ::U::U(f)ïm¡m" ø" ::u ø- -0 < <, -f -1'-1 (f) -f ïl (f) s: < » Z < Z C -I ~ mm ::O-l-lO~~-f »ØzG>~G>-f ~ìJ Ö Ö ~ ~ ~ 0004 0004 -I 0 ('),~ 0 (g mls: S; 0004 -Ie ::u::u (f)zzffi::OOO Ir~r~~-<Oz~ (')(') ~øø,,»ìJ-f Zmemøo :;:!z- m-l ZCJI::I: mO ø ~G>(,)i ~~ "»~»~øm-f::U-<eR G>~ ï~~ --I (f)XoC)mO"O -ø ms: 0 ~Z -f(')ìJ~"ø~~~~ ffim ~~o r G> 0 0 m 0 (f) :-I ~ ï m,m ::u Z ::0 e t5 0004 m Or::U-0004reoOZ »-1 >(') ~ Z -f~~rn0G>(f)>e-l r 0004» » (') ffi (') » 0 I' ::!! ìJ Z -I ï m ,,-IìJ 0004-1 ooo4S: C)O ::0 ø » 0 ìJ ::I: ø » ~I m Z m _ ::u ::u m ï -II >< (f) UI»" 0 -a m ~ ø ~ C m ~ Q ~ Z ~ ~ m me» m (f) (f)' (f) -< (f) ¡þ <o-J ~ ~ ,!'-)())~ cø<D ......-. ~ ~ 08~ 00 OOO¡ 00 I 1 N..... wo,....... N'¡::"CO cø.....co ~~'"o 000 000 .... ". co I\.) '.......... w U'1 w 1\.)10) 0) = '"0 0, W 10, 0, 00 0000 o 0 0 0 0.0 0 000 , I I o O!O-O 0 I I .... .....1 I 00, i ~ - I . C1I U'1. 1 en 0)' I __ cø ~fo 0 o+of<=>_ _ i I I ~ I I i cøo>l\.) ]1aU'1c!) ". .- .^ ~ 0 -())->. ......w~ cø<D cø<D =ë» C1IU'1 00 .... ->. = ë» . N I\.) i C1I 9_ U'1 ~c::>.9-1C::>1 c::>_ ! I N..... wo,....... N'¡::"CO cø .....,CO ~~I'"o 000 000 NI\.) cø<D cø<D <.no, C1IU'1 00 .... w....... I I\.) ........... .....¡::.......w I\.) 0)0) ~ ~ ë» ,o,w 0, 0, ow I\.)¡O 0 0 0 en.....U'10000 enww ,?»1\.)<.T1 N -- _CJ10> _->.()) W.....,¡O> ..... <D ----T.-~-- ..... ........ .... ~...... CJ1 W' cø~ ". 010 N C1I o = w.....,¡oo ......CJ10 w (1) C1I Ø>"""¡ cø())1\J 000 .... Q (1) ?~ I (1):""->. en ~IO ...... CJ1'0 Ib:J AsA- ;;0 m¡ <' m Z C II! m >< -a m Z e ::¡ C " m ::¡ m, 3: D'J» ce cO C)-a m-f ooo4~ m Z o c 3: D'J ~ Z o m (f) m ><" -am» m<o Zm-f ~zc ooo4c» cmï "(f) m- (f) ~ -f» 0- ~S; ïD'J ï m (f) -f ~» o 00041 »"~-a ï-amm ïm o"zC -a--fO mlO 0 » ;::o'e ~ z »m....D'J -fZm» z~<-< C)zm(f) !~ C) Z m CeC" m< zm»- eozo (f)mem 03: (f) OD'Jme 3:m>« D'J,,-a- _wm(f) z....zO m ~ e e.N - Z :_ 0004 'õ C "." m (f)' . )bJ ARA 0 ÃJ "0 m o:š:o::o-oo:¡¡:mm --1-1::0»< -t-l--Imo-l»z~ z?;?;menm ÃJ OIðIZenI-IG)-t -I -enZ m -tm m-l-lmm-- 93 z z :Š:!m C < > ::0 ::0 ::0 m » ::0 ::0 I ~ Z menen~enm, m r-oOmO~(")omCi) "" en . Z ~mm::o:š: C o-o-ooc oc::om _::o::oenm m "0 m mlc -0" Z» z,>< z""mz - m?;?;-o:š:~-IcG)~ m (")::0::0,,-1 >< ~-I-I~~G)?;~"z oooo,en "0 ::! ï5 ï5'z -I ~ ~ -I rn ~ -t :š: :š: :š: 1::0 -0 m ~m-l"-o::o Z Z -I 'c m en > oc:(z c Ci)enm::o »»~ r- (")z (") :::¡ mcom Zr_ o - CI ><-oc-o 0enZ ÃJ ..... I~ ÃJ "0-0(0» cmG) m ..... Ir m m C :š: I ::0 -0::0 < .....! :::¡ ,0 Z m m'en en < m ' ): enenz - Z m !J) ~ 1£ C 3: 3: m D:J> D:J > en - i ..... - ..... cC -< -I CI)..... '(J1 CI) ..... --J cO ÃJ"'> en 1\.)'..... 1<0 I\.) ~ CD 1\.)00'> Ci)"O mO-l ëøOO<O Ià>·.............. '",þ.o,O<o m,-I enÃJ~"O ØOOO 000 COO,O -lim ø 0000000 OJ COOOOO C d'''Omm "'OD:J ~~Z!: O>c --10 N ..... -100> ~..... I\.) (J1 ÃJÃJC -C",Z w .!'> .~..... ~..... ~--J ,.!'> _<0 ~ÃJ,Ci)1 ~mÃJD:J N 1\.)'01(J1 .....--J (J1 ÃJ!-<!m ,Zm> ~O'>O--J .þ..0--J WOWOOI\.)OO'> C -I C<-< ---_.~_._- .n. t---~ . ~.~ÃJ z m en D:JI> !!!Ci)Zm 3: 3:CCÃJ w I..... ..... Cm D:J m< CD I\.) ,ex> --J Cz -.þ..1\.)1\.) l~ ,5J1 _0 Ci)c cm>- .....¡...,o'"..¡:... I ,--J .þ.. I\.) m'm ÃJOzO ~ 0'> 0 --J '.þ.. 0 --J enmcm wow 01011\.)0'0'> C 0 0,0 0 0 -I!c m3: en cD:JmC m D:Jm>« Z -<ÃJ"O- 0 men o~z- C Ow cO 3: r-N:::¡Z D:J r-Cc ~ _C m.þ.ÃJ Z ÃJ m ~ r~ 0 0 en ':..,¡ 0'>:"" I m 0 .þ.0 1\.)..... en '" ex> 0 0 0 0 '" ,0" "'-¡_ ,_ 0 "',0_ 0r'o- C Z :;! 1 I I ! , I :t .þ.. I CI) .þ...þ.. w ~ ~.!'>~? N '" ~ ' 0 ""'" '" ø 0 ..... 01\.) .þ.. en 0 0 0 0, 0 O'>_~ 1 0,-"___ (11 c::>2~ 01 .þ.. 0'> ~ , . , W I ..... I..... - ..... .þ. 1\.)" .þ..! --J c, I W .þ..! U1 wll\.)ll\.) ..... (J1'O N I\.) --J,I\.) 0' Ñà>io,'"..¡:... '"..¡:...1'"..¡:...1¡..., w 0,0, Ià> w ø (J1!01--J .....!010'> NOO--J +>- I\.) W O'>'OIW 0 0 .....O'.þ.. (110001+>-0'> 0 "___'_"~"--'~~__"__~<""'__","~"'O~_"~"~_'''··'_''''·'··.·.....".,."',.""...._... _.~...>,'~ ;0 m . < »m C/}z C/}e: m ml C/} , C/} :s: m Z -t o ." o"Uo~mm -t-t;:O-t»Z~ OIZI-tG>--I m mm--' -t ;:0 -t ;:0 -n'Z Z » Z ;'Um_ .... 0 G> 0 0 m \II O"U»Oc;:om ." m Z·Z,» Z >< m ;:0 -t 'r '"' ." » 0 ;:0 - UJ m ;o-t »-t-nz C/} >-oo-<men-t"U :::!Z;:O-t-tmmo;:o zG>lJJcmC/} -tZ G')C/}Z»~ »0 mcor- ....- ><"U-C/}Z ;o"U .,,"UZmG> m» m C G> ;:01 < r zm < m enC/} - z m ~ e: en (fJ m N ...... ...... <0 ex> en 0> '0 .. ... ¡- ~ ~ lig COO 0 0,0 ...I> ...... cø <0 ...... (]1....... Q <0 io i 0 0 ~ ol~ ¡ ,þ. W ...... <0 'ex> W N·...... ëø ex> 10 en ex> I ex> (C) 0 0 .þ., 0 .þ. - - +__ I I (C) (]1 i N en ex> I ex> ... ;- I- (C) W \ .þ. en ex>.þ.W CJ'I 0 0 -.... .<t:).. 0 , ...I> ...... :<0 N ...... W (C) 91 ...I> W W N m I ~ I I o OLj ~ WW NN ~!D ...... -.... CO CO CO W W NN cø <0' -.... -.... CO CO N N CJ'I(]1 cø <0 '".Þ.'".Þ. ...... -.... cø <0, I I ...... -.... CO NN NN ...I> ...... / I:,:z J4SA ;0 m < m z e: m - m ><, .,,' m z o ::¡ e: ;0 m ::¡ m 3: o !; 3: D3 ~ - D3» 3: e:0 ." ~ 00 ;0,,,» G')~ .OO-t mm <;om -to. ~.,,3:~ ,,----'~1 m ~ ~ !: OoD3 z--to ;o»e: -t.00» :E;oO ,,,,O,,z »;0 G') ;0 m ;o'D3 ;o-<m OZm» o -t G')S!<-< ~zmen D3~ 3:G')~m e:m I Om~ 80z ~~»o m ....mzm -ti~ õ3:0en _+_.___» D3 m 0 zm><<: ;0"'- D3wmen »...I>ZO -<~ 0 N-Z enc-t mce: ;o,þ.;o < m o en m en o <: ëñ o z m >< ;0' "'m» m<o zm-t S!ze: -te:» e:m.... ;0 en m.- Chi » -t~ 0- >,!; ....,D3 .... m o > > >" ;(] OJ OJ 0 š: -0 0 ;(] -0 tò ~tm ~ m c: c: ~ z ;(] ~ m oll~ »!Z ,. enOOIOZIzenI~G)~ mG)G)m ~m~~mm-::! ;(]mm;(];(]z;(]m»;(];(]fflz <-i~OOG)moG)oomG') m~~-o-o oc:moc:;(]m Ïl;(];(]mm»C:-Ïlz»->< ~o»»;(];(]Z--o;(]~rz" o;(]Zz»»o-oŠ:m;(]-G)m ~Ïlenen~~o;(]~G»>~ÏlZ »C:~~Zz;(]m~Io~men '~;(];(]G)G)OJ~ ~~mm~ O~en-oenmZ;(] »»en ~m~;(]c:ooen Zr~ 'I »o-oC:- 0enz ~ 8 >< -0 -0 -0 Z c: m G) I ~zom!::š:G) -o;(] zenO;(]mm en< ,..~r~ Z 0 ,,,;(]r-< ~ m ~c:~~ en "o~-o m~O;(] ZO;(]· enZ m en ~. , INI- ~ ~I- -. 10'11 <.0 ....OOO')'N-I , IO')INO W 0> I;...., ".....¡ 1'0 a I <.0 ' 10, I".....¡ ".....¡ o 0 0 o!o 0 0 000 o 0 0 0 '0 .9E 0 0 c>_>,9[0 0 .Þoo o .... I CD ' 10'1 N ~ ~I- N ,~ 0'1 NOIOO').þ..N <.00'1- m 0> ;...., ".....¡ ;...., 'O.þ.. 0') .þ..' W NOOOO')O ~ NOlO') NOOOWOOW00CJ100 N - ~ ~ :t CD 0') <.0 ë.v co 0 CJ1.þ..~ .ÞooOOOCX>OOOOOCJ1<.ON ~ 1 .þ.. ~ _- iýJ .0') ....~I.þ.. - ~ 0 <.OI~ 0 0 0 0 0 0 ~ ~ , N N ::a f ,m ZI(') 0 ~ ~1;(] » z~ < ml» » ;(] ;(] m en < ~ G) !;(] ;(] » » š: en m c: »¡;(];(] z,z OJ m en m -i¡-< -< en en c: en ~ <'Ïl Ïl ~ ~ ;(] en š: mOO;(];(]en~m CJ1;(];(] mzz ~<::<::ÏlÏl:::oo ~ o <:: <:: ;(] ;(] ::.. ~ o»»oomenz Ïl;(];(]S:Š:z-o~ 00 -i;(]m mOG)~ÏlÏl-;(] ~Ïlm°C:ozm - zc:z;(]oen s:mm;(]°-o-o~ » Oz ;(] ëñ - h » ~-i »-I--<;.r Omc:ro- ~os: m »;(]OJ < ,m~ m ::a<z r m~o 0 <c:m :-0 mmen Z c: m I g: ~II .þ..'- ~ ~:I ~.... .~ .<.0 .0 S" .<.0 .N g ~ ,9 ,§_ § ~_ g~~+§ I I .Þoo > .þ.. I ! ~ ~ I I I w ë.v I i N N' I N 9N ,C?t c:> 0 C? 0 I ~__ , CD I '.þ.. - WI ~ - 0 .þ.. -"~ ~I.., N ~ - <.0 0' 0') _..... !'" m ~ ë.v à> a !<o ~ 0'1 NON OOiO 00 NON 0 010 0 0 0 000000000 to) N .Þoo .þ.. <.0 JÐ N .þ.. <.0 ~ '0'1 N CX> ~ ONN .Þoo 0 0 0 0 0'1 .þ.. I 0'1 0 ::a m < m Z c: m - m >< " m Z c ::¡ c: ::a m ::¡ m 3: 03» c:c cO G')" m~ ~~ "'003 O»c: ~::ac »::aG') ::a-<m c ~ -'~-'--~" 03» c:3: cm G')Z mC ~m _9 ~-t- m ' Z o c: 3: 03 ~ Z o m en m ><::a "m» m<o zm~ 52zc: ~c:» C:m, ::a en m- en /b.:l A<p-IJ en ~ .,,» oo~ ):::am 3:"~~ O3~zt: ~O~~ ,c."z »m::a03 ,Zm» ,c<-< "zmen ::aG')zm °cC:::a c... m< mm»- oOzo ~mcm en3: en o03mC om>« _::a"- ~ men O3~Z- - ~ cO ZN-Z mo~ COC: .Þoo::a m en .".....-..,..._..'...*."...,,;--,~,...--_,- ".'.- ,-"~,."-~-,------,._-~,,,-,,",""~--- -t o )! I' ::u m < m z --1-: ~-...I gl.. 1\.)0 00....... '".....¡ ,a eo rv 0,0 00 000 000 Ø) l..1(]'I W -...I ~.......<£.~ ~OJ eorvlo,:"'" rv'".....¡ ..... 0'.......,0 0 0 ..... 0 .......,0 0 0 0 0 - ~ ---.- ··--··t------~·------ --------- --+--- ______ _ ____ 0, ;:0 OJ OJ'o:r ~ - 0 m " m c c - ;Þ »';:0 - Z m en ° ° :J: a z'» :J: ø ~ ~ ~ ~ ~ en rri:~ ~ ffi ::! <-I-Io()z»()mZ m--I-o»»ZO;:OG') ëS ~ ~ m ~ ZiO Z Z ~ a:uzz~~~~;dØ" -t"enen-»r:u»"m »c"TI-oZ-ÞOJ()mz l'-Im:Uømz»-Imen c:Uo ;:Ooøcenm o :u en -0 en » en'm » en " m -I mer ()! r !D(»:u-oen)>()en :J>OX-l~ -oOm -tz()-<- zZ:U -eno»m ø-l:5 z-Ir-oen :u() G'):ur-o Om ~ ?5 ~ ~, r en " -I d Ci5, mõ:um ~z :u m en ..... ëw '..... Ø).......I\.).......,CO-...l ~oo .:0 .,f:. .(j) 'I ~ ........ .,f:. OO.....I\.)O(]'lWO o 0 0 010 0 0 0000,000 I ! UI 01 i t 'b~ b ~bl' ..... 0 oi~l~ 8 OJO ..... 0 __+___ b-- 0 ~ C) ¡ ..... I ~ I ~ ~III\.) .......¡I~ co ~ -...Iii ~ .:0 .,f:. .(j) ~ .OJ .CD .-...1 ,.!" 00 ....... I\.) 0 ()1 01 0 W Or .....OOOCOWO OJO ..... 0 0 O~ 01 012 ~~c::> _ UI 01 W ..................... ë:n 0 ~rv Ø) 01 , .......0 Ø) 0 0 0 0 0 0'0 (j) 0 --4-- ~_._----_.+-- , ~ ,f:. OJ OJ ~ col~ w <c :..... <c eo Ù1leo N .......()1W~ CD '-...I W 0 OJ OJ 0 OJ 0 colo 0 f------- -- N W I ..... I I ~ w ....... I' IOJ ............ OJI\.) 101-...1 J .co .co .~'.-...I .~ .:0 .:0 I.co .0 00 ..... I\.) OJ' (j) (j) 0 ()1 0 OJ N 0 OJ ~:(j) W 0 colco 0 NOI\.)I\.).......~Ococoo UI (]'I cø co ~ ,f:. ~ °l~ ..... I :u () ÎÖ~;:o » Tz m »',» m en < < ;:o::u - en m ;:0:;:0 ~ m m Z -<1-< ê en ~ ~ "',, :u ~ ~ OOen m :U:U;:om~Z m~~Š:-I-I ~»»menz ;:o:U:U~-o-l <oO-.:um moø"z:U "TImOom mZ:U-~ zm-o-O ()~=<~ Crm ~ ,x ;:0-0 » ~ Z en () m m en en W -...I ....... OJ ' co .!",~I ....... 1\.)-...1 o 00 00000 I I ~_olo: , 00000000 ..... '-...I 00 ' -...I o '01 .þ.. - ,. " ~ tloi~l~ § ~ I Co o,<.v OO.þ..CO....... N.......,f:.CD :c:..rvo:"", NO....... 0 000.......0 I I -...I W .......-...¡w ....... I Q) (j) co CJ'1IQ) W (j) ::u --~ m z,< -m mz ;:oe: mm::u en m -I < en m OJ z » e: m - m >< " m z o ::::¡ e: ::u m ::¡ m !: -n o 0 aJ: ::u »Ie: ~::uo » ::u G'): ::u -< m, o -t -+---+-~ aJl~ aim G')iZ ml~ -t10 +----¡---- m Z o e: !: aJ ~ Z o m en m ><::u "m» mz < .... m ,. 2z-t -te:e: e:m» ::uenl' m- en » -t~ 0- -tl' » ;!:, r ....' I' ,m aJ» e:0 00 G')" m-t -1m o 16:1 A~A- o » J:!." -10 »;;a 1'" "m ;;a;;a 0- c..0 me Om -Iz ene I _ »z I'G') I'e "m ;;a 0 Om c..i: mm Om ~;;a o~ o~ i:N m8 z~ m e en E m i:"'tI mm zc -10 0» ."z ;;am m» <-< men Zm e:;;a m< »- zO e~ me ?t1s men z- oO -z -t e: ::u m en Fiala / Jb:I ÆP ß Halas ../ / H· V ennmg / Coyle / COLLIER COUNTY GoCY+~kNMENl Pelican Bay Services Division 801 Laurel Oak Drive e Suite 605 eNaples, Florida 34108 e (239) 597-1749 e Fax (239) 597-4502 " RfC \) (}Jfi . ('t \( i( . ~ i ì ,.;" NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE CLAM BAY SUB-COMMITTEE AT THE COMMONS, 6251 PELICAN BAY BOULEVARD, NAPLES, FLORIDA 34108 ON WEDNESDA Y, FEBRUARY 2, 20~AT 1:30 P.M. AGENDA 1. Roll Call 2. Approval of Minutes of the October 6, 2004 Meeting 3. Audience Participation 4. Interior Channels - Construction Status 5. Beach Renourishment 6. Clam Bay Budget - Fiscal Year 2006 7. Adjourn ADDITIONALL Y, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT (239) 597-1749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING. ·~'æ)os~ ...' J0Œ) I~ " ;- "~.J. ^' ____.,.~~.~__~", _"~_M'_"_'_'_".,__"_~;· ......... .. ",",,'".' 'e- -"'_" _.__.,. ~c""""_·.",_.,,_.",.,-..,,,.,,,,",_~~,,~,~··,_," Ib.:¿ ARf> CLAM BAY SUB-COMMITTEE MINUTES - October &, 2004 Naples, Florida LET IT BE KNOWN, that the Clam Bay Sub-committee of the Pelican Bay Services Division Board met in Regular Session on this date, October &, 2004 at 1 :30 P.M. at The Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: Mr. M. James Burke, Chairman Mr. David Roellig Mr. John Domenie (Absent) Mr. George Werner ALSO PRESENT: Two (2) Pelican Bay residents; four members of the Pelican Bay Services Division Board; Mr. Tim Hall, Turrell & Associates; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division; Mr. James P. Ward, Division Administrator, Pelican Bay Services Division and Ms. Jean Smith, Acting Recording Secretary AGENDA 1. Roll Call 2. Approval of Minutes of the August 4, 2004 Meeting 3. Audience Participation 4. Interior Channel Construction & Maintenance 5. System III & IV Berm & Retention Area Improvements 6. Water Quality Testing for Pesticides 7. Clam Bay Annual Report - Status 8. Beach Renourishment 9. Adjourn ROLL CALL Mr. Burke called the meeting to order and asked that the record reflect all members present with the exception of Mr. Domenie with an excused absence. APPROV AL OF MINUTES OF THE AUGUST 4, 2004 MEETING Correction: Page 431, second paragraph from the bottom, "137 gallons" should read "137,000 gallons" . Mr. Roelllg moved seconded by Mr. Werner and approved unanimously, the Minutes of the August 4, 2004 meeting subject to the above change. AUDIENCE PARTICIPATION Mr. Sutphin asked, "Is beach renourishment going to be discussed at today's meeting"? Mr. Burke replied, "Yes, it is the last item on the agenda". Mr. Sutphin stated, "I will reserve my comments until that time". 437 /6J. A~.ß Clam Bay Sub-committee October 6. 2004 INTERIOR CHANNEL CONSTRUCTION AND MAINTENANCE Mr. Hall stated, "The channels have all been located, the locations have been surveyed and we are presently in the process of providing Mr. Lukasz the cross-sections and specifications for the work that needs to be done". Once Mr. Lukasz receives the detail from us he will be ready to go out for bid. The work will be done in two phases. The big main channels will be completed first and then the side channels will be done once the bigger channels are in place. Mr. Werner asked, "When do you anticipate the completion of this work"? Mr. Hall r.eplied, "We would like to have it done prior to the start of the rainy season nex1 year, so we are looking at early July, but I believe that it will be done a lot sooner than that". Mr. Burke asked, 'Will both phases be done before July"? Mr. Hall replied, "It is being scheduled to get the bids in and do the work immediately". Mr. Werner stated, "The second phase would not be until after October 1, 2005, a year from now". Mr. Gerald Hoselton - Bay Colony - "Other than what we read in the Post, are the mangroves doing well"? Mr. Hall replied, "Ves, where the work has been done we are still seeing recovery". Mr. Burke stated, "This channel construction is a continuation of that improvement". Mr. Hoselton replied, "I think that is great". SVSTEM III & IV BERM & RETENTION AREA IMPROVEMENTS Mr. Lukasz stated, 'We have updated the improvement plan, which identifies the acreage in front of each condominium". The total acreage in blue is the area that is outside of the project improvements that we are proposing. Mr. Burke asked, "Does this have anything to do with the condominium associations"? Mr. Ward replied, "Ves". If you recall, as part of your budget process this past year, we included a certain amount of money to deal with improvements to the eastern portion of the water management system along the berm, which is essentially from The Commons north, to where it exits on to Pelican Bay Boulevard. In essence, the map that was just passed out identifies the location of our water management system throughout Systems III and IV, so you can identify the 438 /6::;' AeB Clam Bay Sub-committee October 6, 2004 limits of our water management system. The gray is the berm itself. That is the extent of the area that we dealing with, with respect to spending the dollars that have been included in your budget. The other set of maps that were included in your Agenda Package includes the planting plan for the area in green that is identified on that map. The areas in blue are the areas where the specific condominium associations would have the opportunity to spend some of their own resources for improvement. The map identifies the acreages for the blue areas, so each condominium association knows just how much acreage is within the parcel that they would have the opportunity to improve and would be consistent with the planting program that we are doing. Mr. Werner asked, "The blue area in the south near S1. Marissa, St. Kitts and Cap Ferrat is where the exotics have been killed but not removed, is that right"? We are not going to do any plantings until they take care of that area. Mr. Ward replied, "Correct, we have previously indicted that". We have consistently maintained the position that until the exotics have been removed in those areas, we would not be in a position to do any maintenance activities, but we would take over the maintenance activities if they would remove the exotics in all of that area. Mr. Werner asked, "Is there some effort being made to ask the condominium associations to share in the work in the green areas where we have plantings going in"? Mr. Ward replied, "Ves". Mr. Carroll and Mr. Seblatnigg have been discussing that with the associations. Mr. Sutphin asked, "Since the areas that each condominium own have been identified and quantified, would you be prepared to give each condominium an estimate of what their cost would be if they continued with the planting plan"? Mr. Ward replied, "Ves". The next step is to tell each condominium association, on a project-by-project basis, what it would cost for them to clean the area out and plant the area consistent with our planting program. Mr. Sutphin asked, "Would you be telling them that it will cost you "x" dollars to join the program"? Mr. Ward replied, "Ves". 439 /6.4 Ag¡s Clam Bay Sub-committee October 6, 2004 Mr. laizzo asked, "Have the condominiums been notified that there is a cost coming with regard to the planting plan"? Mr. Ward replied, 'We have talked about Mr. Carroll and Mr. Seblatnigg doing that, but I don't know if that has specifically been accomplished". Mr. Carroll stated, 'We have not actually met with the associations yet, but the idea was to get to the associations during budget time so that they would consider putting money in their budgets to do something". I believe that Mr. Kinney was going to take some initiative to get that underway. ' . - .' Mr. laizzo stated, "I think the approach we should be taking is telling the associations what has to be done rather than negotiating or arbitrating". Mr. Carroll stated, "This is not something we can force them to do and it would have to be budgeted" . Mr. laizzo stated, 'We should talk to code enforcement". Mr. Ward stated, "This was to be a cooperative effort between the associations and the Division, that we were going to take positive steps in improving the area east of the berm, consistent with the way the rest of this project looks. We are going to encourage them to do the same thing in the pieces of the water management system that are surrounding their properties. I was hopeful to try to make that a cooperative effort. If they chose not to do it, it does not impact us other than in the area of S1. Marissa, S1. Kitts and Cap Ferra1. In that specific area, I think those condominiums have to take the lead and that is why you see this map stop at Cap Ferra1. Mr. Werner asked, "The blue water management area to the north at S1. Raphael, Coronado, Marbella and Claridge is being shown for identification purposes, you are not saying that anything has to be done there are you"? Mr. Ward replied, "The Claridge has done a phenomenal job and there is probably no cost to the Claridge". There are a few exotics existing at the balance of the condominiums, but there will not be much cost there. Most of the cost is in the replanting program itself, but that is not true at the south end. 440 .. ...-."..---, _~u"'"__·__' .__.----~,. -~---_.__..- Ib:l 1'¡~J5 Clam Bay Sub-committee October 6, 2004 Mr. Burke asked, "Regardless of what the associations do. are we moving ahead with this program"? Mr. Ward replied, "I am not so sure you have made that specific decision. but we are proceeding to do thaf. That is the intent of where we are going with this project and try to get it implemented. It has been designed such that it can be done even if the associations choose not to move forward with their projects. In order to be sure that your assets are protected and that they have some level of service higher than it currently is and more consistent with the look and - feel of this community, we will keep moving forward. Mr. Sutphin stated, "I think that if this is. in fact, a joint program between the Foundation and the Pelican Bay Services Division, the Pelican Bay Post could be used to our advantage in terms of publicizing if. The condominiums are being asked to participate and at the appropriate time a good-guy/bad-guy list could be published. You could publish a list of those that signed up and those that said they did not care. Mr. Ward stated, "I would not want to author that list, but your point is well taken". believe Mr. Domenie has authored an article about the program. Mr. laizzo stated, "If the Foundation is working with us on this program and Code Enforcement got involved, I think we could make it work". Mr. Werner stated. "Mr. laizzo, you keep saying Code Enforcement and there are no code enforcement issues involved". The "Saints" have killed the exotics, they don't have to remove them, so I don't know what code enforcement would be for. Mr. laizzo replied. "That is true, but it should be up to the Foundation to determine if it is a code enforcement issue or not". Mr. Carroll stated, "The Foundation is a strong supporter of this program". It is a joint project and they are taking as much of a position as we are. I don't think we have much code enforcement to deal with. Mr. laizzo stated, "That is for them to decide". If you don't get everybody involved, some associations will get involved and some won't. 441 ID A2B Clam Bay Sub-committee October 6. 2004 Mr. Werner stated. "As soon as one association finds out that another one is not going to participate, they are not going to participate either". To be honest with you, I think this is "pie-in- the-sky" as far as getting the associations to contribute to this. Unless you know that you have 1 00% cooperation, you are not going to get it. Mr. laizzo stated, "That is why I am saying to get Code Enforcement involved". Mr. Burke stated, "From a positive standpoint, if they are approached and shown the overall plan, not all of them are not going to participate". Mr. Ward stated..·"From a persona¡ ~rspective. I would like to see the "Saints" take a more active financial role in cleaning that area up". It is a highly visible area and looks absolutely awful. The balance of the area, if they chose not to participate, is more of a view issue for them in their individual units, especially when we finish with our landscaping and restoration program. Mr. Carroll stated, "Mr. Kinney had this program on his agenda for the last meeting of the President's Council and it will be on the Agenda again for this month". I believe that Mr. Kinney and Mr. Seblatnigg were going to pursue it at that meeting. Mr. Werner asked, "Are they pursuing every condominium or the ones that need clean- up"? Mr. Carroll replied, "Mr. Kinney and Mr. Seblatnigg have approached the Crown Colony people and have been encouraging them to do something". I do believe that Mr. Ward or Mr. Lukasz has reported that the Crown Colony people have done something. Mr. Ward replied, "Yes, they have done a little work in that area". Mr. Carroll stated, "I think the rest are going to fall in line and I don't think it is "pie-in-the- sky". I think there is more to it, but we will see. WATER QUALITY TESTING FOR PESTICIDES Mr. Hall stated, "At the last meeting I told you that we had received the results of the water quality testing and had not had time to review them, but the first blush was that there was no evidence of trace amounts of any pesticides or herbicides". However, when we went through the review, we did see that a couple of the parameters that we included in this testing program, specifically ammonia and copper, were high. They were above what the normal State standards 442 /6;;" A l1j3 Clam Bay Sub-committee October 6, 2004 are for potable water. The copper levels were high enough to where we thought that the lakes had been sprayed with an algaecide the same day that the water quality samples were taken. We retested the areas for copper and they still came out high. We have to think that there is a residual or source problem. Neither one of those components are detrimental to the mangroves. They are both natural components of the mangrove system, but we wanted the Board to be aware that they are higher than we had expected. There are some things that Mr. Lukasz has been working on and I think that the plantings along the berm and increasing the amount of vegetation will· also help increase the filtration. Thewater management-system is working like it is supposed to. Those levels were high within the water management system, but the testing that we did in the bay and open water showed that the levels were where they were supposed to be. Mr. Werner asked. "You said that the ammonia and copper were above normal for drinking water standards, is that what we were measuring against"? Mr. Hall replied, "The State has water quality standards that are set for different classes of water bodies". The standard that we use to compare when we do water analysis is what the State calls for Class 3 Waters. It is not drinking water standards, I may have misspoken there, but it is DEP or State Standards for that water body. It is standards for a natural system. Mr. Ward asked, "Is that standard higher than for a water management system"? Mr. Hall replied, "It is more restrictive". They do not really have standards for a water management system, but they do have standards for the water leaving the water management system. Mr. Ward asked, "Is the ammonia and copper over those standards"? Mr. Hall replied, "It is over that standard, but when it leaves the system the water that has been tested is where it is supposed to be". That is how we know that the water management system is working. There are high levels in the water management system that are being taken care of and are not getting out into the Gulf. The point I was trying to make is that the system we have is working like it supposed to, but we would still want to do some periodic sampling. On another note, we are still going to be promoting and preaching source control. There are several sources for copper. The algaecides that are used in the lakes are a source of copper. Copper is 443 Ib:£ fifE Clam Bay Sub-committee October 6, 2004 present in a lot of fertilizers and is also a component of fungus or algae resistant shingles on houses, so when rainwater falls you get rainwater running off of the roofs. Copper is a big component of road and parking lot runoff. A lot of brake pads are composed of copper, so when they get wet there is copper residue. There are a lot of different sources and it is not that we didn't expect to find it in the samplings; it was just higher in the system than \ had expected. \ wanted to do some follow up and Mr. Lukasz did some additional samples. Mr. Burke stated, 'When we started on this, the concern was herbicides and pesticides flushing into the system and possibly being deffimental". Mr. Hall replied, 'We said that is not an issue". The ammonia and copper are both by- products that we expect to be produced and we are seeing that the system is taking care of it. Mr. Burke asked, "As far as we know, those are not detrimental"? Mr. Hall replied, "At extreme levels ammonia can very toxic". These are not to those levels, but they are there. Most likely that is a result of things rotting in the water such as grass clippings, cattails and other vegetation as it breaks down. Mr. Roellig asked, "Do you have any data from nearby water bodies such as Vanderbilt Lagoon or Venetian Bay to compare this to"? Mr. Hall replied, "Some of that data is information that we requested from the Conservancy last year, but was not provided to us". The Conservancy does some testing in Vanderbilt Lagoon. Part of the analysis that we are doing for the Annual Report is to try to do that comparison to adjacent water bodies also. Mr. Roellig stated, "That will come out in the Annual Report". Mr. Hall stated, "Right". The nutrient levels that we have in the bay and water are where they are supposed to be. Mr. Roellig stated, "My concern is that before we get too excited we have to compare it to what is occurring in other nearby waters". Mr. Hall replied, "\ am not excited or worried about any of this". I just wanted you to know the results and that there was some surprise involved in it. Mr. laizzo asked, 'What were the locations". 444 ,,_. -. ·,w__.__~ ~---"-~_.- 1/;1 Ag ß Clam Bay Sub-committee October 6, 2004 Mr. Hall replied, "There were six locations, two on the east side of the berm, at the waterways coming from the golf course lakes to the berm". We took two readings at the berm and two in the bays. Mr. laizzo replied, "I have a problem with comparing it to drinking water". Mr. Hall replied, "I apologize for saying potable water". I meant to say the State Water Quality Standards for Class 3 Waters. Mr. laizzo asked. "How long is this monitoring going to go on now"? Mr. Hall replied, "This was a one time authorization based on the,concern of the Mangrove Action Group that we were not doing any testing for pesticides and herbicides". Mr. laizzo asked, 'With the information we have, should we do any follow up, not so much monitoring, but do we need to get it out to the people who are bringing in our pollution"? Is there anything we need to do? Mr. Burke replied, "That is not actually pollution". Mr. Hall stated, "That depends upon who you talk to". It is a natural component of the stormwater system, but if it were going into the natural water bodies it would be classified as pollution, especially if it was going out into the Gulf. Mr. laizzo asked, "Doesn't it go into a retention pond"? Mr. Hall replied, "All of the lakes in this property are detention ponds and it goes from lake, to lake, to lake and eventually it gets to the east side of the berm where it is spread out, passes through the berm either over the weirs or through the weep holes to where it is retained in the swale on the west side of the berm and then finally into the mangroves and into the bays. Mr. laizzo asked, "Does this water move when it gets to a certain elevation"? Mr. Hall replied, "Yes". The system has control elevations and is designed so that the higher the water gets, the more water flows through the system and that is for flood protection. CLAM BAY ANNUAL REPORT Mr. Burke asked, "Is this Report prepared for the Florida Department of Environmental Protection"? Mr. Hall replied, "It goes to DEP and to the US Army Corps of Engineers". 445 /1;1 A8:8 Clam Bay Sub-committee October 6, 2004 Mr. Burke asked, "Do we ever get a call or piece of mail from them"? Mr. Hall replied, "I hope not". Mr. Burke stated, "Living here and being involved with it, I found it kind of interesting". The way I read the Report, there is a lot of good news in it. Mr. Hall stated, "Last year's report was very positive". We have had some heavy rains through the summer where water staged, but the channels we had dug did a very good job of clearing that water out. We have had no die off of young mangroves that we have had in past years where we· didA't have the- channels-: ~£ased on that Report is why I believe the Board decided to move ahead with increasing the funding for doing the flushing channels and completing them in a shorter time frame. Mr. laizzo asked, 'When that Report goes to the agencies, do we get any feedback"? Mr. Hall replied, 'We have not gotten any feedback for the last two years on the Reports that we have sent them". Mr. laizzo asked, "Are these Reports mandatory or are we just being nice guys"? Mr. Hall replied, "They are mandatory and are a requirement of the permit that allows some autonomy on doing the restoration and enhancement work". The periodic dredging of the pass is covered under that permit. If this permit was not in place we would have to try to re- permit that activity every time we wanted to do it. Mr. laizzo stated, "Maybe we should send them a CD-ROM". Mr. Hall stated, "Electronic copies rather than hard copies for a cost reduction is an issue that came up". As far as local distribution that would be fine. I have sent a letter to the State to get their opinion as to whether they would like to get digital copies in lieu of hard copies, but we have not received a response from them yet. I know the Army Corps of Engineers does want the hard copies, but we have not received a response from the State. Mr. laizzo stated. "I wish we could get some feedback". Mr. Burke stated, "Not needing maintenance dredging at this time is a sign that everything going out with the flushing has improved the health of the system". 446 1bJ- fig£, Clam Bay Sub-committee October 6, 2004 Mr. Hall replied, 'When they did the original analysis, the modeling showed that we would probably be on three to four year rotation on the dredging". So far that has proven to be accurate. Mr. Hall continued, 'We are working on putting all of the information together now". I was told that the Hydrographic Report has gone out and is part of the Annual Report. The remainder of the Report will be done during late November and we need the Board to provide a date for the actual presentation. Mr,. Werner stated, "I am· encouraged- by the Report". It appears positive, that we are making progress and doing what we are supposed to be doing. Mr. Hall replied, 'We have been very happy". Mr. Werner asked, "Do Cypress trees get windburn"? Mr. Hall replied, "Yes, the leaves will all turn brown". Mr. Burke asked, 'What is shoaling"? Mr. Hall replied, "Shoaling is the accumulation of sand in a water body creating a shoal or sand bar". Mr. Burke asked, "That has slowed up"? Mr. Hall replied, "Yes, and that is a good thing". Mr. Werner asked, "Are we supposed to make a recommendation about the System III and IV planting areas"? All we have done is allocate the money subject to review of the plantings. Is it our job to make a recommendation to the Board? Mr. Burke replied, "\ would say so". We have had discussions on the plan. Mr. laizzo asked, "I am confused, are we going to appropriate money for this and at the same time ask the associations to pay for it"? I am not sure what is going on here. Mr. Burke stated, "Mr. Ward explained that this program was designed for us to proceed with our part of it, irrespective of what the associations do". Mr. Ward replied, "Right". I think it would be a good idea for you to recommend it to the full Board. I do want to let Mr. Carroll and Mr. Seblatnigg work through the issues with the associations for the next couple of months. It is not urgent on our plate today, because if they 447 IbJ A~B Clam Bay Sub-committee October 6, 2004 choose to move forward with it, we want to coordinate that with our work and that may work for the January/February time schedule versus the October/November time schedule. Mr. Werner asked, "If the condominium associations participate, is it going to be in addition to this"? Are they going to be reimbursing us for our costs? Mr. Ward replied, "No". The concept was that the areas marked in blue on this map would be the areas that they would improve and is in addition to the funds that we allocated to do the work in the green area. I think it is a good idea that we acknowledge that we want to move forward and that would give Mr. Carroll some discussion abilities with the associations., ' Mr. Carroll stated, "You need to add for clarification that if the associations do this, we will assume the maintenance". That is significant for them to understand. Mr. Ward replied, "For the area to the north that is not going to be overly difficulf. What I told Mr. Carroll was if they wanted to proceed forward we will provide them with the cost estimates and fund it into the Division and then Mr. Lukasz, with his staff, can take on the responsibility of construction of that area. At the south end for the Crown Colony area, if they proceed forward and remove all of the exotics in that area, then the Division would take over the long-term operations and maintenance of that program, assuming they do both the removal and the planting. Mr. Werner asked, "On the north end are we maintaining that ourselves"? Mr. Ward replied, 'We are doing the exotic removal piece of it, but we are not doing the planting portion". Mr. laizzo stated, "If we are appropriating the money and the associations get wind of it, they are going to back down". I would table this issue until we get the associations to agree to come up with their share of the money. The maintenance is going to be a continuing cost item and is not a one shot deal. Mr. Werner stated, "We have already appropriated the money". Mr. laizzo stated, "That could be reassigned elsewhere". Mr. Carroll stated, "I don't think that is a good idea". 448 ---.. ,- .~,,-._-,,_.- -"~.- -,- . -_.-""."."..'" _..~--,-- I bJ. 2AE Clam Bay Sub-committee October 6, 2004 Mr. Ward stated, 'What we are going to spend is the area in green on the map", We have no money to do the areas marked in blue on this map. That would be the additional cost that each association would bear as a part of the program itself. Mr. Sutphin asked, "If everyone signed up, do we incur any ongoing level of operating expense as a result of this program"? Mr. Ward replied, "Yes, we do". The north area of Pelican Bay will still have the exotic removal program and is an ongoing program that you presently have. At the south end, in Crown Colony, we have never done exotic removal maintenance, so that would be an incremental cost, in addition to what you currently have. Mr. Sutphin asked, 'Why would we be obligated to do that"? Mr. Ward replied, 'We would not be obligated to do it, except that for all of the areas along the berm we have always indicated that we would maintain the water management system to the extent that the exotics were removed from the system". It would be consistent with prior policy and not a requirement to do it as a matter of policy. Mr. Sutphin stated, "You could almost say that it is a bribe to get the associations to participate" . Mr. Carroll stated, "It is a trade off". Mr. Ward stated, "I look at it differently". We did not have to pay the cost of removal of exotic materials; it was placed on the development community over the last few years. We have said that it is not part of code requirements, but if you do that and we are strongly encouraging you to do that, we will continue to maintain that area, especially since we took over Clam Bay, There were exotics west of the berm years ago and the County came in and spent money to take out the Maleleuca trees west of the berm. We have consistently said that we are going to do our part on the east side of the berm, including the developing communities. Mr. Sutphin asked, "Crown Colony trimmed the exotics, but didn't remove them"? Mr. Ward replied, "Crown Colony is an anomaly because it occurred at the time we were getting into this business and there was no requirement that the exotics even be killed". During 449 /b:]" A-8 B Clam Bay Sub-committee October 6, 2004 some settlement of code actions, they were required to kill the exotics, but not remove them. The exotics are dead, but they are there and that is why it looks so bad. Mr. Sutphin stated, "I am not implying that it is a bad idea, I just think we need to recognize that there is an increased level of operating expenses when we go with this program and it is successful". Mr. Ward replied, "Exactly". Mr. laizzo stated, "This Board should recognize the fact that about four years ago the community did not.want any enhancement ak>ng the tram berm". We did back off at that time. Now we are attempting it again, not on the same scale, but the community may still resent it. Unless this goes quietly through, I think we are going to have a backlash on this program. Mr. Ward stated, "I am not sure this can be, should be, is, or ever was considered to be a berm improvemenf. What was done three or four years ago was a series of landscaping improvements to the slope of the berm itself. This program, irrespective of what we did four years ago, simply takes exotics out of the water management system and puts in place some littoral shelf plantings and other natural plantings. If you look at the plan, it clearly shows that it is just aquatic materials and littoral shelf plantings that are going into water bodies and not along the berm slope itself. Mr. laizzo stated, "The other problem is the equipment that is going to be on that berm". That berm was just repaved and if you bringing equipment on to that berm there are going to be breaks along the edges. Mr. Roell/g moved, seconded by Mr. Werner and approved unanimously that the Sub-committee recommend to the full Board that the concept for the System //I and IV Berm & Retention Area Improvements be accepted. ---~- Mr. Burke stated, "Now that this is out of the way; isn't there some talk about berm deterioration"? Mr. Ward stated, 'We have segregated that issue and we need to proceed forward to fill in some of the washouts that have occurred along the berm and correct some of the grate 450 Ib:t- $£ Clam Bay Sub-committee October 6, 2004 materials that are on top of the culverts". I don't want that program killed as a result of residents not wanting the planting program. Those are health, safety and welfare issues that have to get done. We are proceeding to get that work completed. BEACH RENOURISHMENT Mr. Roellig stated, "My understanding is that the engineering firm that is working to get the beach renourishment permit for the County is still in the phase of responding to comments". My concern is that the State is looking at a monitoring plan that is being negotiated between the State and the engineering'firm. The preliminary estimate for the mitigation and monitoring is $2,300,000. They are also looking at the possibility that the State would require mitigation of the hard bottom, which has been discussed in the past. The price for mitigation is in the neighborhood of $1,000,000 per acre. My personal concern is that the County is looking at paying for mitigation and monitoring through TDC Funds and we want to be very careful that because we are participating that we do not get stuck with a big monitoring and mitigation fee. It is my personal feeling that the engineering firm is trying to accommodate the State and that could be very expensive in the long run. I don't think that there is anything that we can do at the moment, but before we get locked in, we need to make sure that we understand how much monitoring or possible mitigation exposure we have and whether or not the County is willing to cover it with TDC Funds. We are potentially looking at very expensive monitoring and mitigation costs. My feeling is that the State is going to give us the permit and say that if the hard bottom has been encroached upon after the construction is done, then you are going to have to mitigate it. They could be asking for a blank check and I don't think we want to be involved in that. This is something that has to be watched, but we have no input in the negotiation. Mr. Burke asked, "When will this all come ouf? Mr. Roellig replied, "It is still going back and forth with the State and we don't have the final conditions on the permit and probably will not for another six to eight weeks". Mr. Werner stated, "That is why I think that we ought to strongly consider telling the County that we will contribute a fixed amount toward our beach renourishment". We have nothing to do with the negotiations with the State. When we had the original management plan from the 451 · IbJ:- A8ß Clam Bay Sub-committee October 6, 2004 State, we turned it down because we felt some of the provisions were too onerous and it turned out that they came back and said they would not take it to those extremes. I really think we ought to consider limiting our contribution to beach renourishment to a fixed dollar amount. Mr. Roellig stated, ''The County has a different outlook on this", I believe they have plans to tap the TDC Funds for their portion and we would have to pay for our portion. I agree that we should have a fixed amount. Mr. Ward, "Can that be done"? Mr. Sutphin stated, "A week or ten days ago, there was a piece- on the news where there was a lady from Tallahassee here to survey the beaches". She was going to go back and do everything she could to pull out the stops with as much Federal money as possible and get the beaches put back in shape. Was that political script for television or was there something real there? Mr. Roellig stated, "My understanding is that with all of these storms, none of the beach work actually qualifies for disaster relief". Mr. Ward stated, "Mr. Sutphin is righf, There is a statewide push from the Governor's office to try to get some Federal monies to restore beaches statewide that have been adversely hit because of four hurricanes. M. Sutphin asked, "Is it possible that there is something there similar to FEMA to jump on the bandwagon and be part of the party"? Mr. Ward replied, "I think the issue at the Federal level is going to be that the Federal and State government will issue expedited permits for beach restoration". The solution will be that is the expedited process, so all of the cities and counties who have had beach erosion because of four storms will be getting a statewide beach renourishment permit. I don't think there will be Federal funding that will come along with that, not in the Federal environment that we are working in today. Mr. Sutphin asked, "At the north end of the beach in Bay Colony, the net result of four storms is as much or more beach than I have seen in the five years I have lived here", The sand all came back. There is a lot of beach. What happened at the southern end of Pelican Bay? 452 , ,,---" -- ~--_.<- "--,-----.. ..__....,-" .._,'"---- Ib:t A8B Clam Bay Sub-commlttee October 6, 2004 Mr. Burke replied, "It appears as if we have a lot of beach". Mr. Lukasz stated, "At the south facility I thought we lost sand". The elevation looked lower to me. Mr. Roellig stated, "Some type of survey needs to be taken". In Naples, the beach is wider, but it is a much lower slope. Near the pier they have probably lost a good two feet of vertical sand. Maybe we got some sand from Vanderbilt, but they have a similar situation where the beach is wider but lower, which is not good. Mr. Sutphin-repUed, "Our beach is wider and higher". It was way down after Hurricane Charley, but after this last storm it all appears to have come back. Mr. Hoselton stated, "After September 10th, I walked north and I think the beach looks grear. Mr. Sutphin stated, "I think a survey is in order before we talk about committing funds to a project that now seems to have a lot of potential strings attached to ir. Mr. Werner stated, "I would like to make a motion that we recommend to the full Board about limiting our participation in any beach renourishment to a fixed dollar amounr. Is that reasonable? Mr. Ward replied, "Yes". That is exactly what we have been telling them. Our limit of liability is to pay for dredging activities associated with this project and not for mitigation or hard bottom restoration. We are not capable of funding that kind of a mitigation project in today's environment. We are okay with some beach renourishment, but that is it. Mr. Burke asked, "At what point can we expect the County to come to us and say that everything is in order and we are ready to roll"? Mr. Roellig replied. "They have to get their permit firsr. That is not necessarily around the corner. The County sends the engineering firm to Tallahassee with no kind of representation and I have no idea how it is going to work out. If you understand their policy, there is no real policy from the Contessa northward. We are south of the Contessa. If you place sand up there, some of it is going to come south. From a coastal engineering standpoint, we are in pretty good shape. We have a pretty natural beach. which has never been much of a problem. 453 16:;:.. A~ß Clam Bay Sub-committee October 6, 2004 Mr. Sutphin stated, "It is interesting". We have a lot of beach and at low tide, about 100 yards off the beach, there is a sandbar that you can see. Mr. Ward stated, "The construction is different than the permitting". In the environment that the State is in right now, post four hurricanes, the likelihood of getting this permit has been raised dramatically. The County is going to be in a stronger position, and quicker, to get this permit because of what is going on statewide and there is a move at the State and Federal level to quickly move cities and counties through this permitting process to be able to do beach restoration, post·four hurricanes. We have been a part of that process and we need to be.a part of that process and that permit will come out and include Pelican Bay, however it manifests itself. Part two is, are we going to choose to be a part of the construction activities related to that permit for Pelican Bay? That is the point where you have the final say as to whether or not we move forward and to what level of funding. I think it is still a good idea that we continually tell the County that we have a limited amount of resources and are limiting our exposure to beach restoration only and not mitigation and not hard bottom restoration. I don't know if I could tell you a fixed dollar amount at this point in time. We budgeted $700,000 with estimates to $1,500,000. I don't want to put $1,500,000 on the table with the County right now. I would say to put the $700,000 on the table with them and if we have to change it, so be it, but the bottom line is that we are doing beach restoration and the cost associated with that. Mr. Werner moved, seconded by Mr. Roell/g and approved unanimously that we place a dollar figure on beach renourlshment for placement of sand and we will not contribute to mitigation or hard bottom restoration. ADJOURN There being no further business the meeting adjour~ed at 2:35 PM. M. James Burke, Chairman 454 Fiala Halas Henning Coyle Coletta / /b~ A9 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, FEBRUARY 3, 2005, IN TBE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAYBE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NOTE: The public should be advised that a member of the Collier County Planning Commission (Bob Murray) is also a member of the Community Character/Smart Growth Advisory Committee. In this regard, matters coming before the Collier County Planning Commission may come before the Community Character/Smart Growth Advisory Committee fÌ'om time to time. I. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA ,-....:.... 5. APPROVAL OF MINUTES - Not Available at this time <::)... .\~ø._- fL u\.d2'"' Ii \lR~\~~ 4. PLANNING COMMISSION ABSENCES 6. BCC REPORT- RECAPS - JANUARY 11, 2004, REGULAR MEETING 7. CHAIRMAN'S REPORT 10'. .- -' 8. ADVERTISED PUBLIC HEARINGS -,,<,..:,:~- A. Petition: PUDZ-2004-AR-6015, Palm Springs, LLC, represented by Dwight Nadeau, of RWA, Inc. and R. Bruce Anderson, of Roetzel & Andress, requesting a rezone from the C-l zoning district to the PUD zoning district to be known as Triad PUD Planned Unit Development which will include a maximum of 140 multi-family residential housing units. The property is located on the north side of Radio Lane, east of Palm Springs Boulevard, in Section 34, Township 49 South, Range 26 East, Collier County, Florida, consisting of 10.75± acres. (Coordinator: Mike Bosi) 1 /hZ A-9 B. Petition: V A-2003-AR-4327, Dieudonne and Lunie Brutus, (regarding the Tabernacle of Bethlehem Church), represented by Ronald F. Nino, AICP, of Vanasse Daylor, are requesting the following variances in the VR zoning district for a Conditional Use (per LDC Section 4.02.02.E.): 1) from the minimum one-acre lot area; to allow an existing structure on a 0,69-acre tract to be converted to a church use; 2) to reduce the front yard setback from the required 35 feet to 20 feet; 3) to reduce the required 33 parking spaces to 19 spaces (per LDC Section 4,04,04,G Table 17); and; 4) to reduce the landscape buffer on the north and south property lines from the required l5-foot type "B," to allow a 10-foot wide type "B" buffer (per LDC Section 4,06.02 Table 24), The subject property is located at 305 3rd Street South, in Section 4, Township 47 South, Range 29 East, Immokalee, Florida, ( Coordinator: Kay Deselem) (COMPANION ITEM TO CU- 2003-AR-4326) CONTINUED FROM 1/6/05 C. Petition: CU-2003-AR-4326, Dieudonne and Lunie Brutus represented by Ronald F. Nino, AICP, of Vanasse Daylor, requesting Conditional Use approval in the Village Residential (VR) zoning district for a church or house of worship for the Tabernacle of Bethlehem Church pursuant to LDC Sections 2.04,03, Table 2 and 10.08.00. Property is a 0.69-acre tract located at 305 3rd Street South, in Section 4, Township 47 South, Range 29 East, Immokalee, Florida. (Coordinator: Kay Deselem) (COMPANION ITEM TO V A-2003-AR- 4327) CONTINUED FROM 1/6/05 D, Petition: V A-2004-AR-6793, Leobardo and Maritza Gutierrez, represented by Daniel Peck, of Peck & Peck, are requesting a 65-foot after-the-fact front yard setback variance from the required 75 feet, leaving a 70-foot front yard to allow the already poured house slab to be utilized under building permit #2002090941. The subject property is located in the "E" Estates Zoning District at 1815 47th Avenue N.E., Section 12, Township 48 South, Range 27 East, Collier County, Florida. (Coordinator: Robin Meyer) CONTINUED FROM 1/6/05/ CONTINUED TO 2/17/05 E. Petition: PUDZ-A-2004-AR-5998, Collier County Board of County Commissioners, represented by Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Inc., requesting a rezone from Planned Unit Development (PUD) to Community Facilities Planned Unit Development (CFPUD) for a project previously known as the Bembridge PUD, to change the name to the Bembridge Emergency Service Complex PUD, amend the previously approved PUD document and Master Plan to show a change in use from residential development and a church or a nursing home, to allow development of community facilities to include an Emergency Management Operations Center, other government facilities, and an existing Elementary School. The project consists of 39,82± acres and is located on Santa Barbara Boulevard, north of Davis Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County, Florida. (Coordinator: Kay Deselem) F. Petition: PUDZ-A-2003-AR-5l68, Brentwood Land Partners, LLC, represented by D, Wayne Arnold of Q, Grady Minor & Associates, P.A., requesting a rezone from "A" Rural Agricultural and the "PUD" Planned Unit Development Zoning District to a new PUD known as Malibu Lakes PUD for the purpose of adding approximately 3-acres of "A" Rural Agricultural Zoned land along with the Brentwood and Crestwood PUD's to the commercial areas of the Malibu Lakes PUD, The proposed 178,5 acre Malibu Lakes PUD permits 330,000 square feet of commercial space, while retaining the currently approved maximum of 708 residential dwelling units, The property is located on the south side of Immokalee Road, adjacent to and east of the interstate 75 right-of-way (unincorporated Collier County), Florida and west of Tarpon Bay Boulevard, in Section 30, Township 48 South, Range 26 East, consisting of 175.67 ± acres. (Coordinator: Michael J. DeRuntz) CONTINUED FROM 1/20/05 G. Petition: PUDZ-A-2004-AR-5879, Champion Lakes Development, LLC, represented by Richard Yovanovich, of Goodlette, Coleman and Johnson, PA, requesting revisions to the PUD document to abandon the previously authorized recreational vehicle use and replace with conventional mixed residential dwelling unit types, and change the name of the PUD to Copper Cove Preserve RPUD, A maximum of 300 residential dwelling units are requested, with a project density of approximately 2.95 units per acre. The property is located on the north side of Championship Drive, in Sections 11, 14 & 15, Township 51 South, Range 26 East, Collier County, Florida. (Coordinator: Mike Bosi) 2 I toJ. -.4 9 H. Petition: PUDZ-2004-AR-56 1 1, Seacrest School, Inc., represented by Richard Yovanovich of Goodlette, Coleman and Johnson, PA, requesting a PUD Rezone from "E" Estates and "E" Estates zoning with an approved conditional use for the existing school facility to "PUDlO Planned Unit Development for expansion of the existing school facility." The property is located at 7100 Davis Boulevard, in Section 8, Township 50 South, Range 26 East, Collier County, Florida, consisting of 39.4± acres. (Coordinator: Mike Bosi) 9. OLD BUSINESS 10. NEW BUSINESS 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN 2/3/05 CCPC AgendalRB/sp 3 I tiala = j ij1ER COUNTY LIBRARY ADVISORY BOARD ~alas. / /- Wednesday, January 26, 2005 denmnQ- ~,/ Headquarters Library Coyle - V- AGENDA Coletta - Call to order ~:J.- AIO Approval of Minutes Literacy Program Report Report of Officers Communications a - written b - Personal Unfinished Business 1. Employee of the Month - Jan. 2. Golden Gate Library Construction 3. South Regional Library 4. LAB Vacancy - Nominations New Business a. Art Shows General Considerations Director's Report Report of the Friends Adjournment d)~O::> _ tLDŒ')A fD To: '~<'''.''''_Y/l,.- !foJ. .¡J ID Naples, Florida, December 8, 2004 LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in regular session at 2:00 p.m. in the Main Library with the following members present: CHAIRMAN: Doris J. Lewis Loretta Murray Andrew Reiss ABSENT: Sabina Musci Diane Williams (her last meeting) ALSO PRESENT: Marilyn Matthes, Library Director Ardyn Long, President, FOL Luz Pietri, Administrative Assistant APPROV AL OF MINUTES Mrs. Lewis asked for comments or corrections to the minutes of October 27, 2004. Mrs. Lewis referred to a couple of corrections and also to the fact that the State Library conference she had attended had taken place in Ft. Lauderdale, not in Miami, as stated in the minutes. Mr. Reiss moved, seconded by Mrs. Murray and carried unanimously, that the minutes be approved as corrected. REPORT OF OFFICERS Mrs. Lewis read to the Board from a letter sent by Diane Williams. Mr. Reiss commented on the nice article in the Naples Daily News on Marilyn's selection as the new Library Director. COMMUNICATIONS - None UNFINISHED BUSINESS The Board reviewed the nominations submitted for selection of the Library's Employee ofthe Month. Mrs. Murray moved, seconded by Mr. Reiss and carried unanimously, to select Bung-Om Dinprasurtsatya from the East Naples Branch, as Employee of the Month for November 2004. Mr. Reiss moved, seconded by Mrs. Murray and carried unanimously to select Margaret Norona from the Naples Branch, as Employee of the Month for December 2004. Mrs. Matthes reported that there had not been any new developments on the Golden Gate Library construction since the last Board meeting. In reference to the South Regional Library, Mrs. Matthes stated that there are talks about Edison Community College wanting us to build the library at their site, sharing it with us. They would like for us to buy the collection and they, in turn, would pay for electricity. (~.I A fD Mrs. Matthes also handed out copies of a 'Service Response Summary'. This is a planning process the library will use to determine what the public expects and hopes to see in the Library. This is a major project to involve the public in planning for and improving services and facilities. Project is likely to start after an assistant director is hired. GENERAL CONSIDERATIONS - None DIRECTOR'S REPORT Mrs. Matthes handed out copies of statistics comparing October and November of 2003 against the same months in 2004. She also stated that the Library has sent out requests for proposals for our automation system. The move to a new system is expected to occur sometime in August or September of this year. It will be a brand new product - the language will change. This will be a major change for the Library and its staff. Demos will be available to the LAB members. Some Library staff might be visiting a site that is already using the new program. Money for this project will be coming from Impact Fees. Our current system cannot support the current population. In terms of personnel, Mrs. Matthes reported that the Assistant Director's job has been posted. Also, Jill Kozol, Reference Librarian at HQ has resigned. A local artist, Gustavo Orozco, would like to display nude pictures as part of his exhibit in the Library. He said he would be willing to avoid displaying those that might be considered offensive. Mrs. Matthes said she wanted the Library Board to be aware of this. Board members recommended against the display. The Board of County Commissioners has started a new program by which advisory board members are rewarded for their years of service and dedication to the community. This takes place at the regular BCC meetings. (Some of you have already been recognized). REPORT OF THE FRIENDS Mr. Ardyn Long presented his plans to increase membership in the Friends during 2005. The Friends plan to feature Benjamin Franklin, founder of the first free library and also the first fire brigade in their recruitment drive. There will be red buckets with 'Bucket Brigade and Lightning Rod Club' written on the front of it. These buckets will contain over $300 in coupons. New members and those staff members responsible for recruiting the members will have their names placed in a drawing to win these buckets. Mr. Long's goal is to recruit 777 new members for the Friends of the Library. Mr. Ardyn has also suggested that members of the Friends be provided reserved seating at their adult programs. Also, that a special colored library card or label be added to their library cards to identify members of the FOL. He has many other activities planned for the Friends this coming year. ~. _......,.~_.--- .--.."." I b~ A J D ADJOURNMENT There being no further business to come before the Library Advisory Board, Mr. Reiss moved, seconded by Mrs. Murray and carried unanimously, that the meeting be adjourned. Time: 3:05 p.m. /(ò:¡" At{ / Fiala Halas Henning Coyle Coletta To: Sue Filson, Executive Manager Board of County Commissioners emorandum / From: Toni ,A. Mott, Manager -J\~erty Acquisition & Sales '" Date: January 26, 2005 Subject: Golden Gate Estates Land Trust Committee Meeting Minutes Sue, please find attached a copy of the "approved" minutes from the October 25, 2004 Golden Gate Estates Land Trust Committee Meeting. Thank you. Attachment as stated !\~~~C. C ;{res: 0(\'··8', ~Wtb. \te:.Tiff f lo(J:)\ f\ \ \ To: Real Property Management Department tbJ A J;/ GOLDEN GATE EST A TES LAND TRUST COMMITTEE MONDA Y, OCTOBER 25, 2004 MAX HASSE FITNESS CENTER - GOLDEN GATE BOULEVARD ~~;~:~ ~~;~~e~ anGelder :~~:;~:~irman lAPP" °1 Karen Acquard -Member ~ Jeff Curl -Member Toni Mott Linda Sujevich -Supervisor, Real Estate Services -Administrative Secretary, Real Estate Services Assistant Chief Mike Ginson Alex Sulecki -Big Corkscrew Island & Rescue District -Coordinator, Conservation Collier Land Acquisition DISTRIBUTION: GAC Financial RevenuelExpense Report as of 9/30/04 GAC Reserved Property List Memo from Hans Russell, Real Estate Service Sunshine Workshops schedule Advisory Committee Service A ward & Achievement Award 4- Year Review of the GAC Committee by the BCC I. CALL TO ORDER The meeting came to order at 7:00 P.M. II. APPROVAL OF MINUTES - July 26, 2004. There were no questions or objections to the minutes. Karen made a motion to approve the minutes. Jeff seconded the motion. All in favor. III. APPROVAL OF TREASURER'S REPORT Toni reported an Ending Cash Balance of $1,182,086.57 and Available Cash Balance of $1,093,859.57. Toni advised the members that the reimbursement to Golden Gate Fire Control & Rescue District for the purchase of the Tow Vehicle & Fire Safety House ($88,227) has not been paid yet. The invoice from the GG Fire Control & Rescue District was received after the close of Collier County Fiscal Year 03/04 and will require a new agenda item to be presented to the BCC to re-appropriate the funds. Steve made a motion to accept the Treasurer's Report and Jeff seconded the motion. All in favor. IV. COMMITTEE MEMBER VACANCY There have been no applications to fill the committee member vacancy position. Toni advised the members the vacancy is advertised every 3 weeks. LG :J.. A- £1/ V. LAND TRUST RESERVED LIST - Collier County A. Parks & Recreation parcels: Unit 22, Tract A - 47.18 Acres (Orange Tree) Unit 97, Tract 10 - 5.22 Acres (Oaks Blvd.) B. Existing Sheriff's Office Multipurpose Training Facility - Unit 43, Tract 80 - 4.50 acres Skip reiterated that the committee voted and approved at their July 26, 2004 to recommend to the Board of County Commissioners, that the parcels currently held on the reserved list for the Fire District's and the School Board remain on the Reserved List with the understanding that the entities will be required to purchase these parcels now at 90% of the current appraised value or have the option of waiting until they are ready to utilize the parcels and pay 90% of appraised value at that time. Toni informed the members that no formal action had been taken by the committee regarding the above- referenced Collier County parcels currently held on the reserved list for use by Parks & Recreation Department and the Sheriff's Office. There was a great deal of discussion by the committee members. Steve stated that the committee has never had a firm commitment from the Parks & Recreation Department as to the utilization of the 47.18- acre parcel. Skip stated that when all the parcels have been sold and all the funds derived from the sale of these parcels is spent; the Land Trust will no longer exist. Karen stated that the Parks & Recreation Department is funded by the County's General Fund and there is no separate tax generated whereas the School Board has a separate tax, Skip asked the members if they wanted to rescind the previous motion from the July 26, 2004 meeting wherein the committee recommended to the BCC that the Fire Districts and School Board be requested to purchase the lands held on the reserved list for their utilization. Steve asked if this issue can be readdress at a later date and it was agreed that a resolution needs to take place now, so an agenda item can be submitted to the Board of County Commissioners on all the reserved parcels. Steve made a motion to have the reserved list remain status quo, not requiring payment for the properties. There was no second to the motion, which means no vote. Toni added she needed clarification, from the committee, regarding the Collier County parcels for Parks & Recreation and Sheriff's Office parcels. The committee members were in agreement that the Collier County parcels currently held on the reserved list for Parks and Recreation and the Sheriff's Office remain on the reserved list. VI. Letter from Conservation Collier Land Acquisition Program - Request to purchase Reserved Land Alexandra Sulecki introduced herself as the coordinator representing the Conservation Collier Program. The program is a taxpayer-funded initiative that was passed by voters in 2002. Their mission is to acquire, to protect, to restore, and to manage land throughout Collier County for the present and the future. They are interested in 1700 properties in Collier County. The Conservation Collier Land Acquisition Advisory Committee (CCLAAC) has targeted the North Golden Gate Estates area for potential acquisition. Alex advised the members that they are interested in a parcel currently held on the reserved list for future marketability designated as Unit 53, Tract 1, consisting of 7.35-acres. Alex said the BCC has authorized the CCLAAC to purchase land in this area. Skip asked how does it benefit the people of Collier County. Alexandra said it protects our surface water resources, protects our ground water resources and also protects the surrounding areas from flooding. -'-- _. ---.,.."'.-....'"'..--""' (rø:;... A (/ CCLAAC feels by acquiring lower lands that are not really suitable for development, they are providing above ground storage for people in the North Golden Gate Estates area who will severely need it. One of the approved utilizations of the land will be (hog) hunting in the West Golden Gate Estates area. Toni advised the members that her department, Real Estate Services, has also targeted this parcel (Unit 53, Tract 1 GGE) as a possible site for test wells for the North East Regional Water Treatment Plant (NERWTP) by the Public Utilities Division as outlined in Hans Russell's memorandum that was distributed to the committee members tonight. Alexandra said once the CCLAAC buys the property it couldn't be improved. It was noted that staff is meeting with the County Manger to discuss this issue in greater detail with respect to how lands that are obtained through the Conservation Collier program could be utilized by other entities (public utilities, transportation, etc) or if it would be necessary for these entities to acquire the property before Conservation Collier or have a simultaneous closing. Alexandra would like to coordinate with PUED to buy easements in front of the parcels to build the wells, but access roads to the well sites may not be viable over conservation lands. Skip stated he doesn't want to make a decision until the meeting with the County Manager has taken place and the committee will be more infonned. The committee members were in agreement. VII. Request for Funds from Big Corkscrew Island Fire Control & Rescue District In Chief Rita Greenberg's absence, Assistant Chief Mike Ginson, attended the meeting. Mike stated that as a result of the tremendous growth in the Estates area they have outgrown their current facility at the comer of Randall Boulevard and Immokalee Road. They are currently constructing a new administration facility to be located at 13260 Immokalee Road which construction was started on 2 years ago. Mike is requesting funding to purchase equipment for the administration facility (i.e. computers, phone systems and office furniture). The total for these items is $49,135.66. In addition, they would like to request funding for bunker gear equipment (10 sets) for new employees at a cost of $11,060. Total request from GAC Land Trust is $60,195.66. Assistant Chief Ginson distributed packets to the committee members outlining the items they are requesting funding for. Projected completion of the new station is the middle of January 2005. Skip made a motion to approve $60,200 for reimbursement to the Big Corkscrew Island Fire Control & Rescue District for the purchase of equipment for the administration facility and the bunker gear. The duration of the Agreement shall be 12 months. Jeff seconded the motion. All in favor. VIII. Request for Funds from Golden Gate Fire District (follow-up) As previously mentioned the invoices for the Fire Safety House & Tow Truck were received and the reimbursement in the amount of $84,055.80 will be processed prior to the next committee meeting. Victor Hill representing the Golden Gate Fire District will attend the next meeting to perfonn a demonstration. IX. PUBLIC COMMENT/OTHER DISCUSSION There were additional items handed out, such as, Sunshine Workshops to be held. Toni plans to attend. The workshops will be held at the government center. Any members wishing to attend should contact Toni. 1l:,:L A- /1 Advisory Committee Service Award & Achievement Award, which provides for the committee to nominate and recognize a member for their achievements. The form is supplied and can be filled out by the members. Karen said she would like to nominate Skip. Skip would like to hold this nomination for the next meeting. The Advisory Committee 4-Year review is due January 15,2005. A copy of last report to the BCC in 2001 was provided to the members. Toni will update and forward to Skip for his review and approval in anticipation of sending to the County Manager. No other public discussion. X. Next Proposed Meeting Date - Monday, January 24, 2005 (7:00 p.m.). We will meet at Fire Station 71. All in favor. XI. ADJOURNMENT Skip requested a motion to adjourn the meeting at 8:30 p.m. Karen seconded the motion. All in favor I"~ A I~ F()REST LAKES RO\D\\ \ '\ ,\,\1) IHt\l'\ \(.E '\LS.T.\ . ADVISORY COMMITTEE 2885 HORSESHOE DRIVE soum NAPLES, FL 34104 February 9. 2005 Aeenda I. CALL MEETING TO ORDER n. ATTENDANCE: ID. APPROVAL OF MINUTES: January 12, 2005 IV. APPROVAL OF AGENDA: V. TRANSPORTATION SERVICES REPORT A. Budget - Tessie Sillery VI. OLD BUSINESS A. Update by Wilson-Miller - Craig Pajer B. Tax Parcel #15 - Follow-up - Val Prince C. Sidewalks/Pathways Committee Report- Bob Cunningham D. Lighting- change in Ordinance to be addressed later E. Letter to Golf Course - Bob Jones Vll. NEW BUSINESS: A. Stop Sign/Forest Lakes Blvd. & Quail Forest- Val Prince B. Stop Sign/Woodshire Lane/entrance to Golf Course - Val Prince VDI. PUBLIC COMMENTS IX. ADJOURNMENT The Ilcxll1lt'cfÎm: will he ,Harch 9, jO:(JO ".1'1 Tr¡¡ffir OptLltinlls (ollfi.'I'(·IHt' nüolH 288:::: lIorsl'sho(' Ih'ÎH" South Naples. H 3~IO·t 1 Fiala /b:]. 14 {2- Halas / Henning Coyle Coletta (1"10 RF:Sl'~ nO\D\\,\... AND DR\INAGE M..S.T.r. LAKES ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 SUMMARY OF MINUTES & MOTIONS JANUARY 12. 2005 m. Approval of Minutes: December 8, 2004 Bill Seabury moved to approve the minutes of December 8, 2004. Second by Virginia Donovan. Carried unanimously 5-0. IV. Approval of Agenda Added to New Business: Letter to Golf Course & Letter from Turtle Lakes V. Old Business A. Update from Wilson-Miller - Craig Pajer Bob Cunningham moved to accept Rick Bell Paving, Inc. for an Annual Contract for the pot hole inspection and repairs. Second by Bill Seabury. Carried unanimously 5-0 Meeting with SFL WM District- Need permit for controlled structure placed in the swales so the water can filter into the ground and discharge into the Gordon /river, Roger Somerville moved Wilson Miller acquire the permit from SFL WM District. Second Virginia Donovan. Carried unanimously 5-0. Bonding Issue Was discussed and had concerns expressed ftom Diane Flagg of the costs to the MSTU if they go to a Bond issue and it doesn't pass. Was suggested to possibly increase the mil rate ftom 3 to 6 mils. The projects would get finished in 5-8 years. ðld¿)OS _. _.. /(Pet) L\I'L- 1 ... .''1 ~ ...._-,--"'_.,"...._--~ ~. ..-.---.-..-- J bJ- A-lZ- f~OREs~r I--J AK ~~ S R(l\D\\'\ Y \ND un \I'\,\GE i\I.S.T.I . ADVISORY COMMITfEE 2885 HORSESHOE DRIVE soum NAPLES, FL 34104 January 12.2005 Minutes I. The meeting was called to order by Chairman Bob Jones at 10:07 AM. n. ATTENDANCE: Members: Bob Jones, Virginia Donovan, Bill Seabury, Bob Cunningham, Roger Somerville County: Val Prince-Project Manager, Tessie Sillery-Operations Coordinator, Diane Flagg-Operations Director Others: Craig Pajer-Wilson Miller, Dick Freeland-Forest Lakes, Ernie Carroll- Emerald Lakes, Roger Washkovick-Emerald Greens, John Bryant, Sue Chapin- Manpower Services m. APPROVAL OF MINUTES: December 8, 2004 Bm Seabury moved too approve the minutes of December 8, 2004. Second by Virginia Donovan. Carried unanimously 5-0. IV. APPROVAL OF AGENDA: Add: Old Business: Letter to Golf Course New Business: Letter from Turtle Lakes Bm Seabury moved to approve the Agenda as amended. Second by Bob Cunningham. Carried unanimously 5-0. V. TRANSPORTATION SERVICES REPORT A. Budget - Tessie Sillery The Budget was distributed. Various line items were covered with Revenues being $368,615.62. 1. Breakdown of Mil rate on Tax Bms Diane Flagg explained the other items on the MSTU residents tax: bills is for Parks & Rec, landscaping on major arterial roads, Countywide MSTD and Road Maintenance. Everyone in the County pays for those items which come out of Fund Ill. VI. OLD BUSINESS A. Uodate bv Wilson-Mmer- Crai* Paier Craig handed out copies of three quotes for the pot hole issue. Differences were covered. Craig suggested perhaps doing the repairs on a quarterly basis. Roger Somervme reiterated they approved $15,000 for pot hole repair etc. and didn't feel they needed to have them do an inspection twice a month. He would like to have them go out on an as needed basis. 1 ~_..,,'-""'---~"...,~~..--~ 1(;,2 ttl2- Bob Cunningham didn't feel $200 a year was excessive for them to inspect and maintain and asked if the company (Rick Bell Paving) can do it quarterly. He felt it was a good idea that a professional takes care of it and not the Committee members. Craig mentioned to hire a pavement Contractor to do pot hole maintenance on a monthly basis is unique. Bill Seabury agreed $200 a month is reasonable. A comparison of the Contracts was made. The MSTU is responsible for the roadways as they are private. Bob Cunningham moved to accept Rick Bell Paving, Inc. for an Annual Contract for the pot hole inspection and repairs. Second by Bill Seabury. Val will get the PO processed and hoping Rick Bell can be scheduled for next week. Carried unanimously 5-0. Meetinl! with SFL WM District- · Main purpose - potential of sewer line to Gordon River - showed area on map. · Need permit ITom them and structured to the project. · Disadvantage - they will want them to pre-treat the water (common in South Florida). Will require a control structure placed in the swales so the water can filter into the ground and discharge into the Gordon River. Will be water standing in the swales, but eventually go into the river when a certain height is achieved. Need permit first. · Will need modification of the permit for the pump station - to abandon. Roger Somerville moved Wilson Miller acquire the permit from SFL WM District. Second Virginia Donovan. Carried unanimously 5-0. The committee does not want the pump station removed until they know the control structure is working. A lengthy discussion followed concerning the pump station, drains and the pipe under the road. Craig explained the swales and inlets and plugging the pipe being isolated from the lake #9. Bob Jones is concerned about the Golf Course getting water. Bob Cunningham reiterated what happened this summer with the problems with water in the canals and in the streets. They asked the Golf Course to lower the water level in the lake and they declined the request. Now they need to make the repairs needed to drain the water off because the Golf Course refused to lower the water in the lake. Craig said they need to isolate the storm water ITom going into the lake, fill the Golf Course with re-claimed water and not worry about mixing the re-claimed with storm water. The MSTU gets water off the streets and the Golf Course gets an isolated lake they can fill with re-claimed water in which they can fill it as high as they wish as long as it doesn't affect the drainage. This is a win-win situation. 2 1C::,:t-,if /2- The inlets are a main problem as they were blocked this summer with debris and fallen trees causing the water not to get into the lakes off Forest Lakes Blvd. (Only two inlets) A maintenance program is needed. Bondin1! issue: Craig distributed a list of the projects. · Diane Flagg was concerned about the residents of Forest Lakes passing a referendum for the Bond due to additional costs involved in setting it up, engineering and administrative costs associated with the Bond issue. · It was suggested increasing the millage rate from 3 Mils to 6 Mils instead. This would double their income and give them approx. $800,000 a yeaL · The process to go through is the request of the Board of County Commissioners and them approving the increase. This would not give the added cost of a Bond issue. · Projects could be done in approx. 5-8 years. · The paving project was discussed. · Advantages and disadvantages of a Bond were discussed. Bob Jones called Edward D. Jones in reference to a Bond. He was told they are willing to underwrite the project and commit to $5M. This is for tax free bonds, and includes 2% discount. Other details were given and a summary was given to Diane Flagg, Ms. Flagg cautioned the Committee that the residents within the MSTU may not have the knowledge of the Mil rate and what the referendum for the Bond would be for. There are up-front costs that would be tied up and the vote may not be in the affirmative, They need a majority vote for an increase to tax them. To double the Millage rate requires a change in the Ordinance by the Board of County Commissioners and a vote of approval. She will help them move forward on Bonding, but cautions them on the up-front costs and not getting a majority vote of the MSTU residents. Ms. Flagg will set-up a Special meeting with Mike Smykowski, Budget Director, and the Committee to explain and discuss the various issues of creating more funds for the needed improvement projects. SamDle of PiDe for French Drain: · Showed Committee pipe from Kyle Construction and explained how the pipe will work · Will start in approx. 2 weeks. · Discussed roots and root barrieL B. Tax Parcel #15 - opinion of County Attorney The Committee authorized staff to continue with follow-up on this small piece of property for finalization. C. Sidewalks - addressed w/Bond issue The sidewalks will possibly be included in the Bond issue or the increase of Millage Rate. Bob Cunningham would like to attend the Pathways Advisory Meeting to get a better understanding of their purpose concerning sidewalk issues. 3 16J. If 12.. D. Lighting- change in Ordinance The Ordinance will need to be modified but put on hold until the Committee decides whether they want to include "lighting" in their Bond or Millage increase. E. Letter to Golf Course - motion from previous meeting. Craig mentioned the main purpose of the letter is to specifically identify the concerns of the Golf Course with the construction. They had alluded to suing Wilson Miller and asked no more work was to be done that places more water on the golf course. Craig would like to know what the issues are in writing so the concerns can be addressed and resolved. Bob Jones will write the letter with Craig's help and have copies for the Committee. vn. NEW BUSINESS: A. Letter from Turtle Lakes (Attached) Mr. Jones read the letter received rrom Turtle Lakes signed by Henrietta C. Horvay, President. The letter addresses a street light to be installed on the comer of Forest Lakes Blvd. and Wilshire Blvd. John Bryant - resident of Turtle Lakes M addressed the Committee. Stated he met with Mr. Jones last year concerning a stop sign (Quail Forest Blvd.) and street light. He had no response rrom the Committee and wondered if there had been any action taken. Discussion followed. Val will look at the area for the stop sign and street light. He will address the stop sign with Bob Tipton. vm. PUBLIC COMMENTS: Ernie Carroll - addressed pot holes and speed bump on W oodshire Lane. Addressed the removal of the speed bump. Had been a motion to remove it at the appropriate time. - Stop sign - opening to gate on W oodshire Lane at entrance to Golf Course should be removed. Val will check with Bob Tipton on this sign also. - Mil rate - stated the people at Emerald Greens and the Fairways will vote against increasing the mil rate which will increase their taxes. Val mentioned there are 1,701 parcels in their MSTU. When voting each parcel gets 1 vote. Renters that are registered to vote in Collier County are also eligible to vote, Being no further business to come before the Committee, Bob Cunningham moved and Roger Somerville seconded to adjourn. The meeting adjourned at 12:23 PM, n!..f. IIc.\1111('elÌng lI"il/ hI' Fe/mwrr 9, }O¿J!ß ..Hl rn¡ffiç O!ll'nllions Couft'n'lIn' HoolII 28X5 lIorsesho{' DriH South '\ a pIes. i I, 3410"- 4 /6 ;J.. Â /2. Forest Lakes MSTU Potential Bond Issue Projects Engineeering Subtotal Category Paving Projects Cost Opinion @15% Subtotal Woodshire Lane Reconstruction $ 881,280 $ 132, 192 $ 1,013,472 Quail Forest Boulevard $ 90,240 $ 13,536 $ 103,776 Woodshire Sidewalk $ 100,000 $ 15,000 $ 115,000 Pavement Overlay $ 889,432 $ 133,415 $ 1,022,847 $ 2,255,095 Drainage Projects Storm Pipe from PS to Gordon River $ 228,000 $ 34,200 $ 262,200 Forest Lake Boulevard Relief Sewer $ 99,000 $ 14,850 $ 113,850 $ 376,050 Lake/Swale Interconnects Pipe from Swale 10 to Lake 7 $ 13,650 $ 2,048 $ 15,698 Pipe from Lake 7 to western canal $ 21,417 $ 3,213 $ 24,629 Pipe from Lake 6 to Lake 5 $ 10,275 $ 1,541 $ 11,816 Pipe from Swale 16 to Lake 11 $ 13,275 $ 1,991 $ 15,266 $ 67,409 General Improvements Convert Storm Sewer Manholes to grate inlets $ 24,000 $ 3,600 $ 27,600 $ 27,600 New Outfall @ Fairways at Emerald Greens $ 107,625 $ 16,144 $ 123,769 $ 123,769 Swale Piping/Regrading Pipe Swale 3 $ 36,600 $ 5,490 $ 42,090 Pipe Swale 4 $ 126,000 $ 18,900 $ 144,900 Pipe Swale 15 $ 270,000 $ 40,500 $ 310,500 Pipe Swale 17 $ 124,500 $ 18,675 $ 143,175 Pipe Swale 18 $ 185,000 $ 27,750 $ 212,750 Regrade Swale 1 $ 24,960 $ 3,744 $ 28,704 Regrade Swale 2 $ 44,864 $ 6,730 $ 51,593 Regrade Swale 6 $ 27,242 $ 4,086 $ 31,328 Regrade Swale 7 $ 23,744 $ 3,562 $ 27,306 Regrade Swale 8 $ 29,920 $ 4,488 $ 34,408 Regrade Swale 9 $ 15,872 $ 2,381 $ 18,253 Regrade Swale 10 $ 39,342 $ 5,901 $ 45,243 Regrade Swale 11 $ 22,800 $ 3,420 $ 26,220 Regrade Swale 12 $ 50,960 $ 7,644 $ 58,604 Regrade Swale 13 $ 9,360 $ 1 ,404 $ 10,764 Regrade Swale 14 $ 56,678 $ 8,502 $ 65,180 $1,251,018 SF Area Single Family Side Yard Culverts $ 549,885 $ 82,483 $ 632,368 Single Family Roadway Cross Drains $ 117,000 $ 17,550 $ 134,550 $ 766,918 Subtotal $ 4,232,920 $ 634,938 $ 4,867,859 Additional Contingency @ 10 % $ 486,786 Total $ 5,354,644 I<> 8 ~ ;; ... - 0 .. ., -8'. " CQI<> 1<>2~ ~~~ ~"".Q c: :! E æ"'~ . Q. ... II> t¡() ea ¡fg '" "- II> .Q a " o o ".; II> ñi 0:: ~ o "';' c. '" o :l' ....'" ....zo wWo .ft:::EN "'0' Oz.. ::)wo aI~::;: - o....~ ~ Wwo ~ :ï;C)N ::)0' N ~~~ ~ ~aI~ "I: P ogoooœmooooooooo~8°~ Mffi ~~ci~~g~6gg~~~~g~~~o~~ 0>00 0 ~o M . ÑOCN '¢~ "'~LO m ~ Q~~~ N ~ 8 ~~~g ~ ..J N ~ .J w:~ « 0 0,0 ::)Z~''':' .... ::) ..JI" 0.... «0 « aI::;: ...., -'0 '" ~:!t:():g ~zª":' ....w::).. 011....0 «>< 0 _W N - o '" W 0 ....1110 ....ON ~z· :::E::)" o...g o N I '" 0..J1II'i' w..J..... o«wo zO::C)CI/ w W 0 ..¡r1 :::E>::)'i' «OalM o C) '-- ... UJ o fi!....~ o....Wo 011.C)~ alOO" 0::)0 «aI::;: '" o o N .. o o N 00:: 4( W >- ..J 4( o III ~ - IXI - 4( '" (þ o co (þ 'It Õ II> 2 Q. +~H"Iu> ¡ ! ~ 0 P N P i; f¡ i; III ~ i 0 I 1 - - ... i; ! ! - ï; = - =- i ! i; :t ~ . I .', g 8 g88 8 88 8 888 8 o Ó 66ci 0 dd Ò cicici 0 r' 't g~ggg8ggg8ggg88g8gg8 ci°ciciciciciciciciciciciciddciciciò g8ggggg888g88888g8g8 cicicicicicicicicicicicicicicicicicici!··~ 00 00 0 o· It)Q 00 C\ 0 ÑM ÑN M N P W c:: ::) ....w 15~ z- w.... 11. >< W ~ c;; en ë õi II> c: E .2 1:: g: ~ > .!! cu en e D .~ Q. ~ ~ [ß ~ [ß rJj~ ;:) UJ 0 2 ~Ienlll ... ~ > ~oUJ~ w ~ ffi 00 ~~~. < o::Õ en ~..J ~ o::ob[ß&.... c:: - ..J 4( 11>0::)« UJ 4(~""4( Cl/c:: ~., ~en_en« ~ fuwæ~ ~UJ ~z~~Q.>~C)~ o c::o::~~ ...C)æ...~~...~~0::c::~5 CI/:ï;~c:: ~wC)~Q.zºO::UJ~UJ~ C) ~oQ.....>-~O::,........~£UJ~ Io:: ~ zo....z....o::...UJzz~~Q.UJo~UJ 0:: ~ Q.0ü wo~~ 8C1/en~UJQ. UJ>-~0UJo~~C)z~~~II>UJO::~~0 UJUJUJoo::...._cc _O::en::)o::..JO:: ~>O::o::ffiUJog""~~~~~UJZ~UJFUJ C)O::UJ15 Iw_en UJUJ ~ _IO::I æ~~z~billæ~~~~g~§~b~b w c:: ::) ....w 158 ffio 11. >< W - oolt)ooœoooooa~oooooo o~o~mmOmlt)OM"'LOM~mm~m ~~mm~m~w~~~~~~~m~~~ ~~aa~a~~~~~~~~~~~~~ c:: ....w III.... OZ OW o MMMMMMMMMMMMMMMMMMM mmmmmœmmmmœœmmmmmœm ~~~~~~~~~~~~~~~~~~~ NNNNNNNNNNNNNNNNNNN P "': ¡ P o &I .., :1~·!li i; o i i o o cD (þ '" ,..: '" i; 000 000 000 i; o 00 00 00 i; o 000 000 cioo . > i! ~ Æ ; .., P / b2 A /2 :; i; o 000 000 ddd 000 .."'u> o-ÑÑ "''''N c- f&! e! ;~ ... II> ., ~ )( UJ c: '" ., '" õ 21 ~ õ c: ., II> o ---"C II~ ~ ~ ;¥ ... ., " c: II> > II> c:: '" ., '" " ., ., " .!!! . o P ~ ¡ :; P . I "'#, u> ., > ~ ., Z II> .<: .... o o d o <ti o '" i; i 00 00 06 i i Ii ! UJ ::) z w > [ß~~ -eno OZUJ zo.... UJoc C)UJ~ ~O::F ....::>en z....UJ 0::>... 0"'0 ê5ê5* ......U> UJUJUJ »2: 0::0::.... UJLUC enenC) UJUJUJ o::o::z ~ .... :: P ~ '- _ u i; 8 P Ii 000 000 ddd 000 "'~'" ~"'¡ai N 000 000 ou>'" ~...", ",,,,co "''''.. 000 coo "''''''' mCñm - - ~~~mO~N~~~~~~œe~",~~~~~~~œg=~~~~~~ømO~N~~~Ø~~Jo ., '~'nn~NNNNN"H·~.·~.·~M~~~~M~VVV~~~V~~I~ ..J 4( c:: UJ Z LU C) en .... z UJ ~ W > o 0:: Q. ~ -F I s ~ i 1--: ., > en .£ lli w E"'UJ " .... C Q. . ::::>a..j ....co enQ.O I~ 0 >< ,O::c O::Q.I- o o en en zc::o:: -LUUJ z...... ::)enen ozz ....cc 1__ 0:: g: g: ~ti:tutu ijenC)C) >~oo 11>0::::)::) O::I-IXIIXI .... I- 0:> W o 0:: w w:t: (.)1- :;0 0::1- wen enw 1-0:: o:>W wI- OZ ----_...._-,-,------,-,_._' > III 15 I&. o o ;;; (þ ... ON 00 N N ~'" ...... co co 000 ~oo ~(þ'" ~oo ~"'''' "''''''' -f- '" '" u> N ;: 00 ~~ "'''' ..... '" '" 000 NU>U> ggg NU>U> "''''''' CIt) UO WO o::~ >~ WO o::N L() o o N - N ~ - ~ Q)- :J 0 c: (/) Q) Q)L() c:::O o L()::>N L()I-L.. ~Cf)Q) "O~..c c: (/) E :J Q) 2 LL ~ a. ~ wo D:::~ I-"'I't tno wo N W ..J I- ¡:: W :J Z W > w D::: I- OW wC ""')0 COo o D::: I-w tnl- oz ow o Nc.oc.o~O~OO 000000 L()c.ot-oooo (õ(j)..q- - ~ ..q- ffi N ("') 00 00 00 00 coo (j)(j) ("') ..q- ...-.. oo~o 00("')0 oot-o OL()O ~c.oL() t-N (",)N ~- w ::> z w Cf) > Cf) ~~ ~ w «~c:::~o ~ ~~OC:::w I- 3w1-W~ ~ Cf.)c:::üz~ w Oww- ...J...J...J<.91- ~ ~~ÔOI fß ...J W Ü LL ~a3m~~~O OCf.)<.9I-I-~~ « I I Z I C:::L() I-I-I-WI-OW zCf.)Cf.)::>Cf.)LL> wwwaw>-I- c:::c:::c:::zc:::c:::« c:::ww::::¡wc:::<.9 ::>I-I-wl-«w üZzozüz 0000000 Ot-COONOO ~~~N(",)N(j) ~~~~~(j)(j) ~c.oc.o~c.ococo ("')("')("')("')("')..q-..q- ("')000000 (j)cocococo~~ L()OOOOOO N(j)(j)(j)(j)(j)(j) ~cocococo~~ ~(j)(j)(j)(j)(j)(j) o ..... co It) N - ..... ('I) - ('I) ..... It) o "'I't~ co It) ~ <C :æ: :æ: :J tn W :J Z W > w D::: +-I a ('-" (/) .~ c: o E Q) ..c. +-I c: o Q) +-I - Q) +-I £ c: c: :s 0 +-I ~~ Q) (/) c) + «("') "0 Q) '>' Q) ..c. +-I c: o Q) :'Q (/) Q) L.. Q) 3: Q) L.. Q) ..c. 3: "0 c: <u c: o :e (/) o o.Q) E ~ o :J U U L.. Q) 3: (/) c: « /b:J. A ¡z.. ('-" (/) "0 c: :J - L.. '(j) ..c. +-I c: o +-I (/) Q) L.. Q) +-I c: C) c: +J U Q) o U c: Q) Q) ..c :J +-I (/) E Q) ..c. +-I ~ (j) (j) ~ c: "0 Q) +-I <u Q) L.. U (/) <u 3: :J +-I (/) E Q) ..c. +-I (/) <u ..c. C) c: o 3: o I Q) U c: Cf.) L.. Q) 3: (/) c: « /1:, ::L .4/3 8øysAOIII BMlftlllMtIOll M.s.7 Jc. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 February 9, 2005 AGENDA I. CALL MEETING TO ORDER II. ATTENDANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: January 12, 2005 V. TRANSPORT A TlON SERVICES REPORT: A. Budget - Liz DeLeon B. Water Bill Analysis - Robert/CLM VI. LANDSCAPE MAINTENANCE REPORT: A. Commercial Land Maintenance 1. Replacing Clamps on Poles B. Maintenance Contract Update VII. OLD BUSINESS: A. Mr. Ingram's Survey Results B. RLS (Request for Legal Services) Definition of Ordinance C. Future Projects 1. Power Lines 2. CAT Shelters 3. Effluent Water - Bob Casey D. Update on Name Change VIII. NEW BUSINESS: IX. PUBLIC COMMENTS: X. ADJOURNMENT The next meeting is Wednesday, March 9, 2005, 4:00 PM. Collier County Landscape Operations 2885 Horseshoe Drive South Naples, FL 34104 .-._-,- --~-_._--~,-~-------- Fiala Halas Henning Coyle Coletta J / / ý/ ~ V / /Æ,::J- ftt3 BaysAOIII fjtuM.tlllutflolt M.s.7.1e. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 Summarv of Minutes & Motions Januarv 9. 2006 III. Approval of Agenda: Victor Brittan moved to approve the Agenda as presented. Second by Maurice Gutierrez. Carried unanimously 3-0. IV. Approval of Minutes: December 8, 2004 Bill Neal moved to approve the minutes of December 8, 2004. Second by Victor Brittan. Carried unanimously 3-0. V. Landscape Maintenance Report: B. Maintenance Contract - The Committee has concerns of accepting the lowest bidder. Purchasing will meet with the lowest bidder to discuss guidelines and concerns. Many reasons for concern were given Brenda Brilhart, Purchasing. VI. Old Business: C. Future Projects 1. FPL - a power point presentation was given by Gene Hartley. 2. CAT shelter locations were given. 3. Effluent Water- Bob Casey will give explanations at their next meeting. VII. New Business: Sharon King spoke of the "name change" after discussing it with Commissioner Fiala. Sharon King moved to request staff remove the Name Change item from the February 8th Board of County Commissioners Agenda temporarily, while a new survey is conducted to assess public opinion of property owners that adjoin Bayshore. Second by Tom Finn. Carried unanimously 3-0. 'd}dd)DS I 6Œ')\f\ \?:> I to::t- A-13 8aysAor" BM,.tllleatlolt M.s.7.1e. Advisory Committee 2886 Horseshoe Drive South Naples FL 34104 JANUARY 12, 2006 MINUTES I. The meeting was called to order Chainnan Bill Neal at 4:00 PM. II. ATTENDANCE: Members: Bill Neal, Sharon King-(4:05), Viåor Brittan, Maurice Gutierrez- (4:22), Tom Finn Collier County: Bob Petersen-Landscape Operations Mgr., Liz DeLeon-MSTU Coordinator, Brenda Brilhart-Collier County Purchasing Others: John Pellis & Janelle Brownfield-residents, Sue Chapin-Manpower III. APPROVAL OF AGENDA: Victor Brittan moved to approve the Agenda as presented. Second by Maurice Gutierrez. Carried unanimously 3-0. IV. APPROVAL OF MINUTES: December 8,2004 Bill Neal moved to approve the minutes of December 8, 2004. Second by Victor Brittan. Carried unanimously 3-0. V. TRANSPORTATION SERVICES REPORT: A. Budget - Liz DeLeon Liz distributed the Budget sheets. (Attached) An extra sheet of activities for the past month was Included in the report. Another column will be added for better understanding of PO's opened. Various line items were discussed. Shelters - design will be done in-house with no cost to the MSTU. Approx. cost and installation for 4 shelters - $40-50,000. Discussion followed on the design of the shelters. Revenues received to date - $432,512.88 B. Water Bill Analysis - Robert/CLM The figure for breakdown of gallons will be given Robert for the analysis. VI. LANDSCAPE MAINTENANCE REPORT: A. Commercial Land Maintenance · Normal maintenance · Compteted mulching · Changed banners from Christmas to fall/winter. (pumpkin & Beach Chair) After a lengthy discussion it was decided to put the M SaUboat and Beach Chait" banners up. 1. Replacing Clamps on Poles - Need to purchase more clamps. The Committee will see the pole design before installing. B. Maintenance Contract 1 /r;,~A/3 An Executive Summary was submitted last month. The Committee had a lengthy discussion on the lowest bidder with concerns. They decided to table it to the January meeting to review their options. The lowest bid from (Ground Zero) was protested on another project and pulled from the Agenda. The County is meeting with Ground Zero tomorrow on the Bid process with the Director, Steve Cornell. Commercial land Maintenance' Contract is extended until March 29th. The Committee shared the following feelings with Brenda Brilhart, CC Purchasing: · Want to maintain a certain image and décor on Bayshore. · Want to be careful about who is selected. · Want the most qualified to live up to their expectations. · Want to maintain the high standards that have been established, · Want someone that will accommodate their needs - concern the lowest bidder will not. · Present firm has been very cooperative and responsive. Many things are done without extra compensation. · Want someone that is accommodating and willing to work with the Committee. · References were reviewed. Committee had concerns they didn't match the type of projects they have. (Ground Zero's jobs were smaller) · ClM knows the irrigation system - giving a certain amount of comfort level. · Familiar with the projects and inner workings - solutions are immediate. · There is a concern with continuing projects with someone not familiar with a particular issue. Things that are planned may require that knowledge. Though it can be obtained, could cause delays and problems rather than a solution. Continue the knowledge is important. · A learning curve with new vendor could be costly. Brenda will discuss the guidelines and any concerns with Bob Petersen. Will report at the next meeting. Bill Neal mentioned their final appeal would be with the Board of County Commissioners. VII. OLD BUSINESS: A. Mr. Ingram's Survey Results Survey is being done but not finished. B. RLS (Request for Legal Services) Definition of Ordinance RlS not done. C. Future Projects 1. Power Lines - FPL - Mr. Hartley a. Street Lighting - A power point presentation was given. A few of the highlights are as follows: · Partner with MSTU - can have some obstacles · Hurricane brought numerous requests · lock down costs were discussed · Gave an overview of Rules and Regulations with costs and responsibilities · Estimate is given at no charge · Non-refunding engineering deposit is binding & gave formula · Does not include: other underground utilities (telephone & TV), easements, restoration, rearranging customer service entrances, trenching and backfilling for service laterals. · FPL responsibilities are: $1.20/ft deposit amount and applied toward contract if done within 6 moths. 2 ¡,:z A /3 · Applicant provides: trenches, installs conduit, backfills trench, and clears paths and all restoration of trenching. Street lights: off poles, replaced, maximum fee $3.00/mo. - secures all easements - all facilities out of public ROW, Need to find homes for above ground equipment. · Showed pad mounted switch cabinet (8 ft sq - 4 ft high) · Covered sequence of events. (Mr. Brittan left at 5:00 PM) _ A handout was distributed (attached) of typical questions and answers. Discussion was held - outsourcing contractors is allowed. FP&L does not plan to put their lines all underground. Underground has advantages and disadvantages. _ Hurricanes and wind does not affect underground system - but flooding or a line dug into does. When the system fails underground - time is involved in finding the damage - digging it up - repairing it and replacing with new cable. - Further discussion with the Committee continued. When the Committee is ready for an estimate, a map of the area is needed and written correspondence to FP&L for the ballpark figure. _ They discussed the area being approx. 1 1/4 mile - at $1001ft - $660- 700,000. This is mostly commercial and possibly finger streets. (Would like two scenario estimates) 2. CAT Shelter Locations 1) North of Jeepers 2) North of Van Buren 3) North of Cocoa 4) Outside of the Texaco Station - south of the entrance off Bayshore - by bus signs. Are in the process of verifying the Right-of-way. Asked for site plans, will go out for quotes and then award contract. 3. Effluent Water - Bob Casey is concerned there is not an ample source in their area to service their needs. Bob will invite him to their next meeting for an explanation. VIII. NEW BUSINESS: Sharon asked to speak about the "Bayshore name change". After speaking with Commission Fiala, at a CRA meeting, she asked if Mr. Neal and the Committee would consider an offer for her to speak with the owners along Bayshore to see if they are still in favor of the name change or keep the name. They wish to do this prior to the February 8th Board of County Commissioners where it will be heard. Sharon stated with the improvements in the past two years they are now proud of Bayshore and the name and they thought others may feel the same way. The vote of 57-58%, taken 2 years ago, was discussed. Mr. Neal had a concem in taking another survey; the time involved, if they are in violation in changing the procedure and their obligation of what was asked of them from the residents. Bob Petersen informed the Committee, before Mr. Neal's absence, Robert informs him there is going to be a law suit filed against the County conceming a palm frond falling and hitting a car and driver. (Chairman Bill Neal left at 5:46 PM.) 3 ..-..- - 16::'" A-/3 Vice Chairman Gutierrez presided over the rest of the meeting. More discussion followed on the Name Change and how to proceed from here. Some concerns were: · Botanical Garden name may be limiting the credit and projects from other committees in the area. Their name was pulling people into the area, where that isn't necessarily true now. · Name change affecting many services. · There is pride in the community now. · Getting back on the BCC agenda if this one is pulled. Sharon King moved to request staff remove the "Name Change" item from the February 8th Board of County Commissioners Agenda temporarily, while a new survey is conducted to assess public opinion of property owners that adjoin Bayshore. Second by Tom Finn. Carried unanimously 3-0. IX. PUBLIC COMMENTS: A question was asked about road repairs - Bob responded Road Maintenance Dept. is to be called. X. There being no further business to come before the Committee, it was adjourned at 6:02 PM. The next meeting is Wednesday, February 16, 2005, 4:00 PM. Collier County Landscape Operations 2885 Horseshoe Drive South Naples, FL 34104 4 . I I Z . ZZQO~ !2°!:iiI::r o Õ -< ,. · ~~~~f :þUJF-<~. o~cnm~ ::!-IO~... <oOm;,!: ~O~;u¡¡¡ cni!:~1: z~~i:¡ ~-I~ft.. :i!!:i:~: mZC:-;U ,...~!i:~~ :Þmcno. ~~ :ei1 i: J:. ::R ~~ ~ gji1 Q ::::~ en a. a. o · .. :J ~ ~ · ~ .. .. .. :J · " 1 :J .. · .. i:ï I: i IOIO<D 888 ôôô <D<DIO UI "",) ~~~ ~~'" 000 :$:$:$~:8:8 ~~~8§§ <DIO<D ~'" ~= ....~ 80 i ;C--!--!;C;C;C m~~rnrnrn ;:-n-nmmm -n:!):!);C;C;C 000«< ;c:>:>rnrnrn 000-n-n-n c:£H2000 ;coo;c;c;c ~!£!£-noo Iz--!--!~~O --!;c;cc-z -<mm;c;;:::j m¡:¡:m,-z ?oa>a>oo~ mCcocz X;C;Cz--!o "m~~~>¡;:; z;:;: -<00 omm _zz --!--!--! C, , ;CO" rn~22 ;cO m;U z-< --!ç;! ¡;í;c :> ;c CDCD--! §§~ QGJZ mmOO --!--!-n --!--!m ~~~ zzO OOOOc: ~~~ ;c;uz 00000 o ,,--!;c ;C?(;: ~o~ :>oc: -o~.-I. ". ~ . 00 ~ øSi' !t-n;: -n:goo :g ë! 6: 3 ?' 00 CD I~· -noo;: gF:~ --!m~ ;COO m-n;ii ;:22;: . om ~g~ 00000 ~ § ~ ~ IOzm "'--!~ it 00,- I ~ ;C o '- m o --! ~ 10 i ~ C4 I , , ~ 8 '" '" '" §o"§ 888 ~'" ...."'~ "§·8~ 888 ¡ ~ ~ ~ ... ~ .. 00000 .. !='~!=' ~ 8 88888 8 ... o~ !:S 888 !! 8':!1 ... ~~Iil j , .. ~ I .~ ê!. !:S 8 ! ~.~ .. 8 .. 8 00000 ,. !=>~!=' 0 !=>o 88888 I 888 8 88 ~I!j ~ I ... I 8 !:S ~ . .. 15 J '" = ¡ 00000 ola ° o¡§¡ 88888 i 8§8 , 8~ . ¡: !J '" I ~ ...!»~ I ¡oe:>e:> e:>e:> ! ~~ß 0 I¡k I li81;li t I ~ I :::I == ; .. ... Ö)a; "'''' ~~ 0>0> .-1..-1..-1._.-1..-1._.-1.__.-1..-1._.-1..-1..-1..-1..-1._.-1..-1.0 ~~2~2~~~~~~~~~~~2~~~~~8 ~~~~~~~~~~~~~~~~~~~~~~~ œœœœœœœœœœœœœœœœœœœœœ~~ J6:Z 4/3- ~¡;j ~'" "'~ 08 ~i~~~~i~~~~~~~~~~~~g¡g¡o~ .... "''''~~ ~~~UI~",~~~~~~~~o~m .-I. ~w ~wW.-l. -~~~~~~~~c o"'õo ~~œ=8 88~~~5~8Sm~ "J:o-no;cc>;:OOz~m"ooOzz:>m 22~~~~mGJz~~oo:Þ~g~~~--!º~~ ~ ~22m::jm~~goz~~~;;:@@m~;c~z 3 zo;cc;cc:zoJ:~z;C;CGJ~~;co~:>m ~ GJ~~~~~GJ~ ~0~Q~~;:8~--!~~ ;c ~mm~~m~m ;umo~-nilz--!8-nz ~ o~~J:~~z;: ~øOO ~~œ~~oo~GJ æ 22 ::j~rz--!~ OOm~ ø~~:>-<--!oo * z za>~--!mm ~zm J:~~~-n;uhS a. º GJõm"~22 ;:~;c --!o~com::jJ: ~ z OOôo22z:>;::> ~,- :>;C;:~m - GJ ~mCOO~:>'- c;:p'-cn~~;c m~;: "oooo;cm z ,,;:~m;UCD~ ~o~ ~~~ ~ m ~~(J)~m~mffic rng;c !£ ~~~~~-I~OO < :> O:>m mr_-IO ~~ ~ rncn~ oom~=~ 00 m ~~ ~ ~~a 00 ~~.. œ:g ~ ol;ï g> 00 en øô ~ ~ ~ ~9. ~ ~ ~ ~ g £0 ..., 16~ .0 ò¡¡; 8 1% '" '" I I 00 88 m! ~ :::œi!; ~ N N ~N Com ~~~~i~i~i~¡i~~i~!~i~~i~~g 0 g. 0 0- OJ (1) ... I\) 1\)'< OUl o::r ~o ... .....(1) o OJ 00(1) (1) I\) "0 r::: " ã)~ r::: 3 ¡:r ::J 0-1\) Co CD ~ -" ... 0 0) I\) ::J 0 0 s:: 0 0'1 00 I\) -I UI C 0 OJ -c -" Co -(0 -"(1) 1\)..... - I\) 0 0 0'1 I .þo. ä)Ô....l.Q) ....,¡ .1~~~~·~~li~~~~~~ I I ~ ·~~I~I¡o§iS ~ ~ ~~~1~18~ ~."~.,, ~c~~ NZO'" 8~<g '" m ;u WN.þo.N ~"§"8"§0 '£8888 ~ Nœ:Þr 0c:gr t:5"Q~ 8!!iiI~ ... 0+ 0000000000000000000000 .888888888888888888888 :Þ :::~:!! ~~:5 ~i:m 5:g]-i -I .... ~ i:.> <D .,. ° .:... ~:!!~~ N œ ... þgm~ >__ 0.... 0""" en ~8"§·¡gb~g¡ §8 b¡;Jro t88~~8~'88 ... m ~,,~ ~ ~c:r::: '" :: ~ UI ~ . .. N Z ~ ~i!!~~~~~~~ !~~ ~~~ëDl!f~~ c .. m- . sh~~ .... ~. fim~ ~8¡g~ ::j~ 88 o- r: Nœ :Þ 8:Þ.,,0 .... jD~ ;tz!i:i~ '" Sõ!'2 800:> 8 èS¡5!!oe:> ...m r t 8 ~ 1& 8 '" ·UI UI '" ið £ ':!1 ... " g¡ ~ / b I 14-c3 0 (J) ~~ mm 00 -i s: - "'C roro - - ~ ::::!. I:\) I:\) ~~ ;::¡.: CD - - 0 0 CD CD CD 0 :::J CD CD - - ..., '" ..., ..., ..., ..., ..., ..., ::s :5: ro ~~ õ' õ' (')(') (ñ' ..., ;::;.: ;::;: 0 0 ~ (J)(J) '< '< :::J :::J ~ :5: CD CD - - ..., ..., ~ ~. :E :E I:\) I:\) :::J CD CD 0 0 ¡¡) ..., ..., -- c c :b :::J ~~ I:\) (') :::J 0 ct CD s. ~ .... .... :5: .... (') .... .... .... 5"(') CJ) ¡. 0 0 I:\) 0 ..., 0 0 0 o ï .... .... :::J .... CD .... .... .... a::5: c: ::s !2. !2. !2. c. !2. !2. !2. C" "'C ;::;: CD I c:: 0 :::J :5: I :E :::1:\) -i Q) CD I:\) -. ;::¡.: ~ ..., -:::J (f) - CD » i: CD ..,. ..,. ~ 3 CD . ..,. ~~ . .... co I I W .... .... (II U1 0 ~ ..,. ~ ..,. ~ '"0 N N en 0> :.a. '0>0, ..,. W ~N c: ::sa w 0 0 (II U1 W ....N . ~~ W 0>...... ::J en . .... ...... ...... ~ ~~ ...... co co co 0...... - (Q Co ën m Co co . NCO :.:.. :.::..ëo ën moo en N N (II U1 0 .þ.0> W 0>...... en ...... (0 ::0 ~ 0 ~ ---"-'--_.~'"-""-'--'-----"-~-'----'-"'----"~"~~'" -^..«-"~-,,_.._~---,..-.*.,_._-"--,. I b2 A 13 . CD CD CD ........CDCD.... 0 tv........ 0)0)00000) mO CD CD CD tv tv CD CD tv ZO 000 01010001 -It/> tv .... .... ~~0000"" m-l 000 ........0000 ::0 ~~~wwwwwww 00 000(000)0)0)....0)0).... oE ....CDCDCDCD.................... .... CDtv....WW tv............ em ooowotvooo-...¡o mO ....000000000 -I -IZ('")~~-O--() ~m»mmZmZZc »G>~-_-I,<-I~ s::s::m-mm ~~~CDCD~Zen~~ _ ccmO-lm ~<,,~~encs::en~ ~mOenen-lmm-l O1~mm I zz I» ;B?ft.~S::S::-I-I-Ieno oo»mm$<»z~< S::"~zz 0-1 » 0 ::0 o-l-l('")<m ' 0 ~rn, ""o»~ 0 - m ::0 0 < 0-lG>OO',m ~ 0" CD m »-m~~~oen m m (1) Q) Z oS::Z-I-I('")~-I s:: < ...,,< tvCII C s;1o»m~~-Im -I m o=r m CDrri~»»OS:: $< z 00 r.n ~ ""~-I C ~ëi) _0,,,,, $< m m - c: o~ -- en -I o CD i: G>m ('")('") m ::¡ en (1) i: m< »» en (1) Q) r- "U c :Þ _m ('")('") m ......=:" ~ s::z QQ (1) :::!'! C 3 @ ~ oc 00 O"!::!\Q. ~. m m m (1) 0 .... ~ ZZ ..., ~ 0) !3. -1-1 ~s::o I I oen ('")'"'0 01-1 c~ Q) C ~- CII ~ ~o o (1) m~ -< Z ....(1) -I ~~ tvC j\3(1) 0 0 01 Nm 0t/> S-I - CCI _ tv 01 N::O (II ~w~ .... 00 om Co) .0 .0 .~ 01 ~ g< "Co 0........ 0 00 'C) 000 0 0 0 000 0 ~ Q 000 0 0 0 0.9 0 0 0 N::O om ,þ. ~ 0< .... W W ~::o N .0 .~ 01 tv Nm ø 0 .... êJ,~êJ, go .... 0 .... W~.... ,þ. - 0 ~ CD~ OWN e N 0 ~:-.. 0,:-"00 ..... 0 W U"I CDNOO -_..,-.~"..,,--~-_.,.,-"-_._-"-_._- ....-.-- I~ ¡ 4/3 OR to UG Conversion Presentation FAQs Would FPL install all of its underground facilities in the public right-of-way (RJW) instead of in private property in easements? No. The only facilities FPL will place in the public R!W are those necessary (cable and conduit) to cross the streets. If the governmental entity will provide FPL with an easement or easement equivalent in the public R!W, FPL will consider installing cable and conduit longitudinally in the RIW. All other facilities (e.g. handholes, primary splice boxes, transformers, switch cabinets, etc.), except service laterals, shall be placed in easements on private property. Our experience has been that local governments are reluctant to grant such easements. _ Note I: the easement in public R!W is not an option for new URD subdivisions _ Note 2: ensure that easements within public RlW are indicated on record drawings Why can't more (or all) of the facilities be placed in public R/W? For numerous operational and business reasons, electric utilities place URD facilities in easements. FPL's General Rules and Regulations for Electric Service [Tariff Sheet 6.310 paragraph 12.2.7] require FPL to obtain easements, at no cost to the Company, as a condition for converting the overhead distribution facilities to underground. [if further explanation is needed, the following are some ofthe operational & business reasons] _ Because potential relocation costs are particularly great with respect to transformers, switch cabinets, and underground cable if they must be relocated or adjusted for any type of road or public infrastructure improvement (e.g. road widening, drainage, etc.), the FPL conversion tariff prevents FPL from installing underground facilities in public RIW without an easement or equivalent agreement preserving reimbursement rights. _ Transformers and switch cabinets are particularly difficult to relocate ifplaced on public R!W, and FPL would likely have no place to relocate these facilities to. Easements in private property provide greater protection for FPL and the general body of rate payers. _ Placement of transformers and switch cabinets in easements in private property enables FPL crews to switch and perform maintenance, now and into the future, away from the road. Why must we pay for the conversion? The Florida Legislature has declared the provision of reasonably sufficient and cost effective electric service to be essential to the public welfare of the people of the State of Florida. The need for cost effective electric service is the basis of the Conversion Tariff and the requirement that an applicant desiring conversion must pay for the cost of conversion, including the provision of necessary easements. The Florida legislature [Florida Statute 366.03] further prohibits FPL from making or giving any undue or unreasonable preference or advantage to any person or locality. Why can't the transformers and switch cabinets be placed underground? FPL's standard URD design and components are driven by reasonable cost and proven technology. The technology and cost of these new types of submersible devices have not yet proven to be practical for FPL use. Why must the easements be at least 10 feet wide? This is our standard easement requirement for "front" distribution subdivisions. This dimension typically provides adequate room for the padmounted transformer or switch, room for FPL crews to work away from the road, and room for other utilities who might occupy the easement to install future cable and conduit without undermining the transformer(s). What are some examples of conversions that would not be feasible? - situations in which FPL is unable to secure the necessary easements _ areas where necessary safety and operational clearances cannot be met _ areas prone to flooding. Excessive flooding could short out the transformers, which could not be restored until the flood waters recede I>.<J>. .... _"__...."....._.."..;;".^_,_._....,._._.___~__~.__~____'~.",,,.~h~,_._"._->~.."._".~....."<_._..-,....,._...---'.-._."'- /b21f-/3 Must aU of the property owners within the conversion area agree to participate in the conversion before FPL will convert its facilities to underground? [actually a three part question, requiring a three part answer]. _ the conversion: Generally yes, however, property owners electing not to convert their individual service entrances to underground can maintain their current overhead service, in accordance with provision 12.2.8 ofFPL's Tariff, at an additional cost of$789. This would require a service pole to be installed and maintained at that customer's property line. _ the easements: All easements specified as necessary by FPL must be provided before an underground electrical distribution system can be installed. To the extent FPL can design around an occasional customer who refuses to provide an easement, without jeopardizing the integrity of its electrical system, FPL will attempt to do so. _ the cost: FPL requires the total CIAC amount to be paid in advance of construction. How this cost is allocated among the participants is up to the applicant or group of folks requesting the converSIOn. How many of these pad mounted transformers must be installed? Based on the size of the homes and their loads, FPL would need to place a transformer approximately every _ to _ houses How much will it cost for the electrician to convert the existing service entrance to UG? [the question is likely to be asked, so you might want to make some phone calls beforehand] A ballpark range (based on a few phone calls to electricians in the area) is $_ to $_ for the simplest of service conversions. However, this amount can vary widely, and depends on variables such as: _ Will the local inspecting authority require the electrical installation or wiring to be upgraded? _ Will the roof need repair, if the weatherhead currently extends through the roof? _ Will the electrician diglbackfill the trench, and if so, the length of the trench Again, it is the responsibility of the applicant to make these arrangements with the electricians. Must FPL open trench to install its facilities, or can FPL directional bore thereby reducing surface disruption and restoration cost? _ Open trench is preferred since it's the least expensive method. Another advantage is the ability of all the undergrounding utilities to use the same trench, reducing the collective cost of burying everyone. Directional boring is an option, however directional boring: a. is substantially more expensive, b. requires all utilities to be drilled separately to maintain minimum separation c. may result in damage to other subsurface utilities (e.g. water and sewer lines, gas lines, drainage lines, etc.) since their locations are not always known What will it cost to bury the other utilities? [this question will likely arise, and for that reason, it is strongly suggested representatives :trom the other affected utilities be contacted to attend your meeting as well] This question will have to be answered by the other utilities. What are our financing options? The FPL tariff requires payment of the entire CIAC amount in advance. FPL does not finance these or any other installations. Cities have been known to establish special assessments whereby the city paid the CIAC amount in advance, billing the residents thereafter. The city must work out its financing mechanism with its constituents. J&, I 8,1 -3- L..~ OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Sue Filson, Executive Manager, Board of County Commissioners FROM: Michael w. Pettit, Chief Assistant County Attorney fV\7\¡' THROUGH: David C. Weigel, County Attorney Áwr¡;f ,¡ DATE: February 7,2005 RE: Ethics Commission Form 4A - Relevant to Agenda Items 12A & 12B for February 8, 2005 BCC Meeting Attached are the following two (2) original documents: 1. The Ethics Commission Form 4A Disclosure of Ellen Goetz. 2. The Ethics Commission Form 4A Disclosure of Michael Delate. Ms. Goetz and Mr. Delate are members of the Conservation Collier Land Acquisition Advisory Board. Their respective businesses have submitted a response to a County Request for Proposals. They are seeking an exemption of any conflict of interest pursuant to Section 112.313(12), Fla. Stat. The requests for these exemptions appears as Agenda Item 12A in the case of Ms. Goetz and Agenda Item 12B in the case of Mr. Delate for the February 8, 2005 BCC Meeting. The attached forms are Ethics Commission forms that must be filed with the appointing body of the advisory board member. In this case, of course, that is the Board of County Commissioners. These forms are not required to be signed by the Chairman nor are they subject to being signed for legal sufficiency. Likewise, they do not need to be attested by the Clerk. Rather, these are authorized forms of the State Ethics Commission that must be kept in the files of the Board of County Commissioners. My recommendation is that these forms be placed in whatever filing system you have developed for advisory board members and specifically with the file for the Conservation Collier Land Acquisition Advisory Committee, if you have such a specific file. Previously, we have provided copies of Mr. Delate's Form 4A to all Commissioners. We also will be providing today copies of Ms. Goetz's Form 4A to the Commissioners. Please call me if you have any questions. MWP/nfb attachments cc: Winona Stone, Assistant to the County Manager d-\~IDS 1 (oŒ)'8> \ Jb~ ßJ ~ FORM 4A DISCLOSURE OF BUSINESS TRANSACTION, RELATIONSHIP OR INTEREST OFFICE I POSITION HE:LD ~"t.- MAILING ADDRESS AGENCY OR ADVISORY BOARD s,~ ,()()"- ÅI AJ. C O"","U't ...~.... (, \ \¡ (f- CITY ZIP COUNTY ADDRESS OF AGENCY NQ# ~ 1=1- 3"f1~-ß 1J I.., f=&..- HOW TO COMPLETE AND FILE THIS FORM: Parts A and B of this form serve two different purposes. Part A is for advisory board members who wish to use an exemption in the ethics laws that is applicable only 10 advisory board members. Part B is for public officers and employees who wish to use a sepa- rale exemption that is applicable when the business enllty involved is the sole source of supply within the political subdivision. In order to complete and file this form: · Fill out Part A or Part B, as applicable, · Sign and dale the form on the reverse side. · File Part A with the appointing body or person that will be waiving the restrictions of 112,313(3) or (7), FJa. Slat., prior to the waiver. · File Part B with the governing body of the political subdivision in which the reporting person is serving, prior 10 the transaction. PART A - DISCLOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADV1S0RY BOARD MEMBER WHO MUST COMPLETE THIS PART Sections 112.313(3) and 112.313(7), Florida Statutes, prohibit certain business relationships on the part or public officers and employees, including persons serving on advisory boards. See Part III, Chapter 112, Florida Statutes, and/or the brochure entitled "A Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees" for more details on these prohibitions. However, Section 112.313(12), Florida Statutes, permits the appointing official or body to waive these requirements in a partiwJar instance provided: (a) waiver by the appointing body must be upon a two-thirds affirmative vote of Ihat body; or (b) waiver by the appointing person must be effected after a public hearing; and (c) in either case the advisory board member must fully disclose the transaction or relationship which would otherwise be prohibited by Subsections (3) of (7) of Section 112.313, Florida Statutes. This Part of Form 4A has been prescribed by the Commission on Ethics for such disclosure, if and when appJicabfe to an advisory board member. PLEASE COMPLETE THE FOllOWING: 1. The partnership, directorship, proprietorship, ownership or a malerial interest, position of officer, employment, or contractual relationship which would otherwise violate Subsection (3) or (7) of Section 112.313, Florida Statutes, is held by {please check applicable space(s)]: ~The reporting person; ( ) The spouse of Ihe reporting person, whose name is ; or ( ) A child of the reporting person, whose name is 2. The particular transaction or relationship for which this waiver is sought involves [check applicable space]: ">4' Supplying t'e following realty, goods, and/or services: ~.~i'~t.'t."") ~el\l'c..(,s ~:~U' '" -.."'..~ ~ ,....\." "R:...,. w &..~~~ -p..,,1c.. ( ) Regulation of the business entity by the governmental agency seNed by th advisory board member, 3. The following business entity is doing business with or regulated by the governmental agency: Q.. G."~) ~\~O" ....-..~ ~>Oc... 1>. Å. ~ ...,-.~....', ClIo. """",,"C,) 4, The re ationship of the undersigned advisory board member, or spouse or child of the advisory board member, to the busi- ness entity transacting this business is [check applicable spaces]: ( ) Officer; ( ) Partner; ( ) Asso~ate; ( ) Sole proprietor; ( ) Stockholder; ( ) Director; ( ) Owner of in excess of 5% of the assets of capital stock in such business entity; 1><[ Employee; ( ) Contractual relationship with the business entity; ( ) Other, please describe: CE FORM .fA .. REV, 1-91 [CONTINUED ON REVERSE SIDE] -' -'--"_._.'~--' _K____ '^ -,.," -.--,.. lloJ. &1 PART B - DISCLOSURE OF INTEREST IN SOLE SOURCE OF SUPPLY WHO MUST COMPLETE THIS PART: Sections 112.313(3) and 112.313(7), Florida Statutes, prohibit certain employment and business relationships on the part of pub- lic officers and employees. See Part III, Chapter 112, Florida Statutes, andlor the brochure entitled "A Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees· for more details on these prohibitions. However, Section 112.313(12)(e), Florida Statutes, provides an exemption from \he above-mentioned restrictions In the event that \he busIness entity involved is the only source of supply within the political subdivision of the officer or employee. in such cases the officer's or employee's interest in the business entity must be fully disclosed to the governing body of the political subdivision. This Part of Form 4A has been prescribed by the Commission on Ethics for such disclosure, if and when applicable. PLEASE COMPLETE THE FOllOWING: 1. The partnership, directorship, proprietorship, ownership of a material interest, position of officer, employment, or contractual relationship which would otherwise violate Subsection (3) or (7) of Section 112.313, Florida Statutes, is held by [please checK applicable space(s)]: ) The reporting person; ) The spouse of the reporting person, whose name is ; or ) A child of !he reporting person, whose name is 2. The following are the goods, realty, or services being supplied by a business entity with which the pUblic officer or employee, or spouse or child of such officer or employee, is involved is: 3. The business entity which is the only source of supply of the goods, realty, or services within the political subdivision Is: (NAME OF ENTITY) (ADDRESS OF ENTITY) 4. The relationship of the unden;igned public officer or employee, or spouse or child of such officer or employee, to the busi- ness entity named in Item 3 above is [check applicable spaces]: ( ) Officer; ( ) Partner; ( ) Associate; ( ) Sole proprietor; ( ) Stockholder; ( ) Director; ( ) Owner of in excess of 5% of the assets or capital stock in such business entity; ( ) Employee; ( ) Contractual relationship with the business entity; ( ) Other, please describe: SIGNATURE SIGNATURE DATE SIGNED DATE FILED 4I(·9.ß. J-~/~\: NOTICE. UNDER PROVISIONS OF FLORIDA STATUTES s. 112317. A FAilURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING' IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY REPRIMAND, OR A CIVil PENAL TV NOT TO EXCEED $10 000. CE FORM.fA ~ REV. 1·11 (CONTINUED FROM FIRST SIDE) !h4- ßr FORM 4A DISCLOSURE OF BUSINESS TRANSACTION, RELATIONSHIP OR INTEREST LAST NAME - FIRST NAME . MIDDLE INITIAL euAN MAILING ADDRESS Iß15 Ir>n-t ~ C:J CITY ZIP NKP~ ~ OF ICE I POSITION HELD /?eMU) CV tNl) COUNTY (1)~ ADDRESS OF AGENCY HOW TO COMPLETE AND FILE THIS FORM: Parts A and B of this form serve two different purposes. Part A is for advisory board mem rs who wis to use an exemttion iA-the ethics laws that is applicable only to advisory board members. Part B is for public officers and employees who wish to"" a s~C, rate exemption that is applicable when the business entity involved is the sole source of supply within the political subdMeton. tfi::-, order to complete and file this form: ~ ~ f ; · Fill out Part A or Part 8, as applicable. ç :þ: · Sign and date the form on the reverse side. ~ · File Part A with the appointing body or person that will be waiving the restrictions of 112.313(3) or (7), ~. Sta~ prior to the waiver. :IJ · File Part B with the governing body of the political subdivision in which the reporting person is serving, ¡5J'iõr to t~ transaction. (J"\ ~ PART A _ DISCLOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADVISORY BOARD MEMBER WHO MUST COMPLE THIS PAR . Sections 112.313(3) and 112,313(7), Florida Statutes, prohibit certain business relationships on the part of public officers and employees, including persons serving on advisory boards. See Part III, Chapter 112, Florida Statutes, and/or the brochure entitled "A Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees" for more details on these prohibitions. However, Section 112.313(12). Florida Statutes. permits the appointing official or body to waive these requirements in a particular instance provided: (a) waiver by the appointing body must be upon a two-thirds affirmative vote of that body; or (b) waiver by the appointing person must be effected after a public hearing; and (c) in either case the advisory board member must fully disclose the transaction or relationship which would otherwise be prohibitecl by Subsections (3) of (7) of Section 112.313, Florida Statutes, This Part of Form 4A has been prescribed by the Commission on Ethics for such disclosure, if and when applicable to an advisory board member. PLEASE COMPLETE THE FOLLOWING: 1. The partnership, directorship, proprietorship, ownership of a material Interest, position 01 officer, employment. or contractual relationship which would otherwise violate Subseetion (3) or (7) of Section 112.313, Florida Statutes, is held by {please check applicable space(s)]: (ý.) The reporting person; ) The spouse of the reporting person, whose name is ; or ) A child of the reporting person. whose name is 2. The particular transaction or relationship for which this waiver is sought involves [check applicable space]: ('1-) Supplying the following realty, goods, and/or services: CcN~Ñ6 f:ø¿l./1t:e!6: ~ ¡e¡1IJIt.. ( ) Regulation of the business entity by the govemmental agency serve by the advisory board member, 3. The following business entity is doing business with or regulated by the governmental agency: ~1;,~t<~~:e~~'Wr~t:!Y1J1L~ 4. The relationship of the undersigned advisory board member, or spouse or child of the advisoiY'~oard member, to the busi- ness entity transacting this business is [check applicable spaces]: ( Xl Officer; ()4. Partner; ( ) Associate; ( ) Sole proprietor; (;') Stockholder; ( ) Director; ~) Owner of in excess of 5% of t~e- assets of capital stock in such business entity; ( ) Employee; ( ) Contractual relaöonship with the business entity; ( ) Other, please describe: CE FORM 4A. - REV_ 1-18 [CONTINUED ON REVERSE SIDE] - lbJ: ßI - PART B . DISCLOSURE OF INTEREST IN SOLE SOURCE OF SUPPLY WHO MUST COMPLETE THIS PART: Sections 112.313(3) and 112.313(7), Florida Statutes, prohibit certain employment and business relationships on the part of pub- lic officers and employees. See Part III, Chapter 112, Florida Statutes, and/or the brochure entitled "A Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees· for more details on these prohibitions. However, Section 112.313(12)(e), Florida StatutM, provides an exemption from the above-mentioned restrictions in the event that the business entity involved is the only source of supply within the political subdivision of the officer or employee. In such cases the officer's or employee's interest in the business entity must be fully disclosed to the governing body of the political subdivision. This Part of Form 4A has been prescribed by the Commission on Ethics for such disclosure, if and when applicable, PLEASE COMPLETE THE FOLLOWING: 1. The partnership, directorship. proprietorship, ownership of a material interest, position of officer, employment, or contractual relationship which would otherwise violate Subsection (3) or (7) of Section 112.313, Florida Statutes, is held by [please check. applicable space(s)}: ( ) The reporting person; ( ) The spouse of the reporting person, whose name is ; or ( ) A child of the reporting person, whose name is 2, The following are the goods, realty, or services being supplied by a business entity with which the public officer or employee, Of spouse or chih1 01 such officer or employee, is involved is: 3. The business enlity which is the only source of supply of the goods, realty, or services within the polilical subdivision Is: (NAME OF ENTITY) (ADDRESS OF ENTITY) 4. The relationship of the undersigned public officer or employee. or spouse or child of such officér or employee, to the busi- ness entity named in Item 3 above is [check applicable spaces]: ( ) Officer. ( ) Partner; ( ) Associate; ( ) Sole proprietor; ( ) Stockholder; ( ) Director; ( ) Owner or in excess of 5% of the assets or cepital stock in such business entity; ( ) Employee; ( ) Contractual relationship with the business entity; ( ) Other, please describe: SIGNATURE SIGNATURE - DATE SIGNED DATE FILED 1éb-~ k5 NOTICE UNDER PROVISIONS OF FLORIDA STATUTES s. 112 317. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING' IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEE[) 510 000_ tE FORM 4A - REV, 1.... (CONT1NUED FROM FIRST SIDE] _____a COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 17A \)/ '.f , To: Clerk to tbe Board: Please place tbe following as a: N ormallegal Advertisement Other: (Display Adv., location, etc.) ***.****..*....*.***..*********************************~.~*****~tv(***********.*****************.***.. Originating Dept/ Div: Comm.Dev.Serv./Planning Person: ~~\ . \~ Date: I f~los Petition No. (If none, give brief description): SE-04-AR-6772 Petitioner: (Name & Address): Robin Meyer, AICP, Principal Planner, Dept. of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Fla. 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC --X.. BZA Other Requested Hearing date: 2/22/05 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other o Legally Required ProDosed Text: (Include lel!al descriDtion & common location & Size): Petition: SE-2004-AR-6772, The application that was submitted is correct, but after being heard by the BCC the approved Resolution (04-326) refers to the subject property as being in a C-4 zoning. The Off-Site parking property is in a RMF-6 zone. The business is in a C-4 zone. The scrivener's error is needed to correct the zoning reference. Does Petition Fee include advertising cost? XX Yes D No 113-138312-649110 Reviewed by: /=:~ If Yes, what account should be charged for advertising costs: //a%s Dafe Approved by: County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *****.****....**.*********************..****.**....*..*.*.****.**.....*.*********.****.***.*****.****.*** FOR CLERK'S OFFICE USE ONLY: Date Received: ~ Date of Public hearing: 1:1 ()a1 (f) Date Advertised: rll4?!o.S -~---~....-~~._...""-"'.~-".......~ 17A RESOLUTION NO. 05-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS AMENDING RESOLUTION NUMBER 04-326, THE LUTGERT COMPANIES PARKING EXEMPTION BY PROVIDING FOR AN AMENDMENT TO CORRECT A SCRIVENER'S ERROR DUB TO THE INCORRECT REFERENCE TO 11iE C-4 ZONING DISTRICT IN TIlE RECITALS AND OPERATIVE SECTIONS OF THE RESOLUTION, CHANGING TIlE REFERENCES TO THE CORRECT WNING DISTRICT OF RMF-6. WHEREAS, the ColUer County Board of Commissioners adopted Resolution Number 04-326, on October 12, 2004, and; WHEREAS, following said action adopting Resolution Nmnber 04-326, staff determined that the recitala of the Resolution and operatiw sections of the Resolution included incorrect references to the c.4 Zoning District instead of the correct zoning district designation which is RMF-6 and, therefore, coDStitutea a scrivener's CITOt. NOW, THEREFoRE. BE IT ORDAINED BY nœ BOARD OF COUNTY COMMISSIONERS OF coUJER COUNTY. FLORIDA that: SECTION ONE: AMENDMENT TO mE RECITALS OF RESOLUTION NO. 04-326. TIIE LUTGBRT COMPANIES PARKING EXEMPTION The Recitals section of Resolution Number 04-326, the Lutgmt Parking Bxemption. is hereby amended to read as follows: WHEREAS, the Board of Zoning Appeals, being the duly constituted board for Collier "County which includes the area hereby affected, has held a public hearing after notice and baa considered the advisability of a parking exemption as shown on the attached Plot Plan, Rxhibit "A.," in the G-4 RMF -6 Zoning District for the property hereinafter described. and bas found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.3.4.l1.2.C., of the Collier County Land Development Code [UDC 4.0S.02.K.1, for the unincorporated area of Collier County, and SECTION TWO: AMENDMENT TO OPÈRATIVE PORTION OF RESOLUTION NO. 04-326 THE LUTOBRT COMPANIES PARKING EXEMPTION Tbc operative section of Resolution Number 04-326. the Lutgert Parking Exemption is hereby amended to read as fol1ows: Petition Number PE-2004-AR-6093 filed by Q. Grady Minor and Associates, Inc., repteaenting .thc Lutgert Companies, with respect to Words Mniø tMe. are deleted; words underlined are added. , Page I of2 the property hereinafter described in Exhibit "B," attached hereto and incorporated by reference herein. be and 'the same hereby is, approved for a parldng exemption pursuant 10 the LDC as shown on the attached plot plan, Exhibit" A," in the G-4 ~ Zoning District wherein said property is located. subject to the following conditions.;. BE IT FURTHER RESOLVED that this Resolution be recorded in the minuteB of this Board. This Resolution adopted after motion. second and majority vote. Done this day of ,2üOS. ATIEST: DWIOIIT B. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COlLIER COUNTY. FLORIDA BY: , CHAIRMAN Approved as to Form and Legal Sufficiency: j'n' ·m·~ Mæj~tudcnt Assistant County Attorney SB-2004-All-6772!ttW., Words I!ItfUek Ih!'ettgh arc deleted; words ~liD.Cd ere added. Pqe2of2 17A ------- '1 ?A . VlCII . WW ~~t, " -:z:-- , I 0./1.'; ~ a: 1f)C/I , !S ~ 10.... ~ ~ ~I'\ I :::> ~~ ([ ~ I!:! 'in . . U iii '" "" ~ U ~~~u:u: ~ ~ F! vi vi II> vi vi ~ ~ n ~8§§ 8 0 . 04 ð ¡-: ¡¡¡ r----- ~ .,..:..... LO "- U Š --- å do ¡.; ... S" -' tltw Q~ 0:: lš ~ 00 05 o 0 "to 0::080 .... 00:: t~ ~" ...a. ..., '-'t!> ~I i ...~"-¡:!: zz ....00a:: ÿS¿ rJ" ñ ¡!! ¡Q~~ð (}:o:: <-0( G:VI¡!;..... c.a.. ~ i:i æll ~ I ~~~p" GJ ;". ill 0 :> ~I PiI 0 a:: Cl. t!> CJ~ I z d- Ÿ a:: < Il. z.J --< -,> I it ~ ¡¡ <0 ~w IIIZII'AUIY '" Q.IIA,¡.JU ~tIU'Y.PD- ~g: ~ ;¡.. . a..~ - ~ Iii i f- ZZ ; I. ~ 0-< u-' a. ~~ <Vi t5:.t üiz ~G: !!~ 'I ViI- OU d ~~ ~ I-i]! z / 0 æ~ '" f!:- ~O:: 0 ;Ji2 a:: a.. :J- UJ-'--'-(Jj = - rA.ll%oUØ' nw£ (1/,& 41) I ~ -ç: V h ,",r+ fl AI4 _0 ---._--p---,--~- _ w~__"_~_., - ff.,__~~~··"",H_ ~--. ,t ··1 17A .A Legal Description Lot 29 & 30, Block 1 Naples Twin Lakes, according to plat in Plat Book 4, Pages 35-36, Public record of collier County, Florida. Exhibit "B" 17A NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, February 22, 2005 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition: SE-04-AR-6772 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS AMENDING RESOLUTION NUMBER 04-326, THE LUTGERT COMPANIES PARKING EXEMPTION BY PROVIDING FOR AN AMENDMENT TO CORRECT A SCRIVENER'S ERROR DUE TO THE INCORRECT REFERENCE TO THE C-4 ZONING DISTRICT IN THE RECITALS AND OPERATIVE SECTIONS OF THE RESOLUTION, CHANGING THE REFERENCES TO THE CORRECT ZONING DISTRICT OF RMF-6. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk ( SEAL) 17A ,., January 26,2005 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: SE-2004-AR-6772, Amending Resolution 2004-326 The Lutgert Companies Parking Exemption Dear Legals: Please advertise the above referenced petition on Sunday, February 6, 2005 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.o. Account # 113-138312-649110 17A Ann P. Jennejohn To: Legals (E-mail) Subject: SE-2004-AR-6772 Please advertise the attached on Sunday, February 6/ 2005. ~ ~ SE-04-AR-6772.doc SE-2004-AR-6772.d oc Thank you, Ann Minutes & Records Dept. 774-8406 1 .~,.-..._"..,..,",_,.',,,~._.w._..···>,=.._·_·'···''''''''"''_·'_''.'_''''''''-,,"'-'-" ."-"--.,.,.._.~_."-~^' -..,-..,' .'-....' - .~_."-- 17A ,1 Ann P. Jennejohn From: Sent: To: Subject: postmaster@clerk.collier.f.us Wednesday, January 26, 2005 3:36 PM Ann P. Jennejohn Delivery Status Notification (Relay) 1'.£] B B ATI139809.txt SE-2004-AR-6772 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 ---"""'.".""-."~..'......- 17A " -~ ... Ann P. Jennejohn From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Wednesday, January 26, 20054:37 PM Ann P. Jennejohn Delivered: SE-2004-AR-6772 f:/1 L::::.J SE-2004-AR-6772 «SE-2004-AR-6772» Your message To; Legals (E-mail) Subject: SE-2004-AR-6772 Sent: Wed, 26 Jan 2005 16;39:13 -0500 was delivered to the following recipient(s); legals on Wed, 26 Jan 2005 16:36:51 -0500 1 SE-2004-AR-6772 Page 1 of 1 1 '~.. r if . ,'.i, c;~,.·" .. Ann P. Jennejohn From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Wednesday, January 26,20054:42 PM To: Ann P. Jennejohn Subject: RE: 5E-2004-AR-6772 OK -----Original Message----- From: Ann P. Jennejohn [mailto:AnnJennejohn@clerk.collierJl.us] Sent: Wednesday, January 26, 2005 4:39 PM To: Legals (E-mail) Subject: SE-2004-AR-6772 Please advertise the attached on Sunday, February 6, 2005. «5E -2004-AR-6772 .doc> > «5 E-04-AR-6772 .doc» Thank you, Ann Minutes & Records 1/2612005 17. ~': ~ ~-.;.'~ :1 SE.04-AR"tf2 NOTICE NAPLES DAILY NEWS \ pOBUC HEARING I Notice Is hereby. ~ven Published Daily that the Board õf un- ~ commissioners of Naples, FL 34102 oilier County wilt hold, a public hearing on TUeSday~ebrUarY 22. 2005 In Boardroom. Affidavit of Publication 3rd Floor. Administra- tion Building. Collier county Governmert State of Florida center ~ Tarn a- mi Tr&'II. Florida. The m Ag ':\11 begl~ County of Collier at 9:00 A.~. The loar will co=rpetltlon: SE.04-A A RESOLUTIOK Of THE Before the undersigned they serve as the authority, personally BOARD OF COVNTY COMMISSIONERS appeared B. Lamb, who on oath says that they AMENDING RESOLUTION NUMBER 04-326À THE serve as the Assistant Corporate Secretary of the Naples Daily, LUTGr.\T CO~I'V a daily newspaper published at Naples, in Collier County, ~r~~IL\'1:~FO AN Florida; distributed in Collier and Lee counties of Florida; that AMEND 'ENT TO COR- RECT Á SCRlV£NER'SER- the attached copy of the advertising, being a ROR OIJI! TO M INCOR- RECT REFER NCE TO THE C-4 ZONING DIS- TRICT IN THE RECITAL,S PUBLIC NOTICE ~U:~'RAWl!&t- TIOMS 0 ' m II - TI0N. eHA GING THE REFERENCES T/& THE in the matter of Public Notice CORRECTZONIN 015· as published in said newspaper 1 TRICT Of' RMF-i. NOTE: All ~ wish' 1 Ing to spea on a~Y time(s) in the issue on February 6th, 2005 agenda ltémmuat ~s- ter with the county d- mlnlstrator ru: to %f- sentatlon 0 the age a Item to be addressed. Individual speakers will Aftìant further says that the said Naples Daily News is a newspaper be limited to 5 minutes on an~ Itarn. The selee· published at :'\aples, in said Colher County, Florida, and that the said tlon 0 an Infvldual to speak on be alf of an newspaper has heretofore been continuously published in said Collier organization or ~p Is County, Florida; distributed in Collier and Lee counties of Florida, enc~raged. I refog· \ nlze by the Cha r. a each day and has been entered as second class mail matter at the post : spokesperson for a ofIice in :\ aples, in said Collier County, Florida, for a period of I grou~ or o~lzatlon I may e allo 10 mln- year next preceding the first publication of the attached copy of utes to speak on an advertisement; and afIiant further says that he has neither paid nor . Item. promised any person, firm or corporation any discount, rebate, I Persons wishing to commission or refund for the purpose of securing this advertisement for have written or ~raghle publication in e said newspaper. materials Inclu e In the Board agenda pack- ~ ets ~st =It said mate a um of 3 weeks prior to the reo ( Signature of affiant) spectlve public hearing. In any case. written ma· terlals Intended to be considered b~ the Board shall be su mltted to the approprIate County Sworn to and subscribed before me staff a mInimum of sev· en flYJ.prfor to the This 7th. February 2005 cub lie hearing. All, ma- trial used,¿ntGresenta- twns befQ e Board '/ will beCome II perma- £. nent part of the reCord. (Signature of notary public) Any person who deeld- ~ to =a decision the will need a record of lhe proceed- Ings ~rtanlng thereto ~ 'iGf¡;Ç'~: and therefore. may !'}\! CO;'..';¡\fSS¡OU X'23639 C:, need to ensure that a verbatim record of the ¿J, .::00- proceedings Is made. which rr.cord Includes the test mony and evi- dence upon which the appeal IS baSed. BOARD OF COUNTY COMMISISONIRS COLLIER CO U N T Y, FLORIDA . FRED W. COYLE. CHAIR· ~¢J1GHT E. BROCK, CLERK ~~:k JlMeJohn. Dep' ~SEAL) No. 922207 eb.6 -- _._--,~,-~..,.,.--,..",,--", -- - ".~",," ..>.".,_.".,~.-." . "'"..,',.,,,..,,-",;...__..._---;.,~..'"'''''....''"''''--'.,-''' ,_,~C~~_··_·_ ORIGINAL DOCUMENTS CHECKLIST & ROUTING s..}p7 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ',' .:1 (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5 . Route to Addressee(s) Office Initials Date (List in routin order 1. ¿ ¡J ~ S /í'o/rn¡ /1. 5jL 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners (The primary contact is the holder of the original document pending BCC approval. NormaIly the primary contact is the person who creatediprep'1red the executive sl1mmary. Primary contact information is needed in the event one ofthe addressees above; including Sue FiJson, need to contact staff fOT add;tiona] or missing information. AIl original documents needing the BCe Chairman's signature are to be delivered to the BCe office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a )Iicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified, Be aware of your deadlines! 2. 3. 4. 5. l: FOI1l1S! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 903.04 / ¡J4/ If¿ 1 ,.¿jJ¿ i L Ajl-~ I .\..... MEMORANDUM Date: February 24, 2005 To: Robin Meyer, Principal Planner From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2005-96 Enclosed please find one copy of the document as referenced above, Agenda Item #17 A, approved by the Board of County Commissioners on Tuesday, February 22, 2005. If you should have any questions, please contact me at 774-8406. Thank you Enclosure -_._,-,.. -- ..-.....,-'-_.,."-,-_.,"".~.._,..~._",._-,. ,_..~.,,'. -_....,'-,~-,,-,.... 1 7 A ~. 17A '. RESOLUTION NO. 05- 96 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS AMENDING RESOLUTION NUMBER 04-326, THE LUTGERT COMPANIES PARKING EXEMPTION BY PROVIDING FOR AN AMENDMENT TO CORRECT A SCRIVENER'S ERROR DUE TO THE INCORRECT REFERENCE TO THE C-4 ZONING DISTRICT IN THE RECITALS AND OPERATIVE SECTIONS OF THE RESOLUTION, CHANGING THE REFERENCES TO THE CORRECT ZONING DISTRICT OF RMF-6. WHEREAS, the Collier County Board of Commissioners adopted Resolution Number 04-326, on October 12, 2004, and; WHEREAS, following said action adopting Resolution Number 04-326, staff determined that the recitals of the Resolution and operative sections of the Resolution included incorrect references to the C-4 Zoning District instead of the correct zoning district designation which is RMF -6 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: AMENDMENT TO THE RECITALS OF RESOLUTION NO. 04-326, THE LUTGERT COMPANIES PARKING EXEMPTION The Recitals section of Resolution Number 04-326, the Lutgert Parking Exemption, is hereby amended to read as follows: WHEREAS, the Board of Zoning Appeals, being the duly constituted board for Collier County which includes the area hereby affected, has held a public hearing after notice and has considered the advisability of a parking exemption as shown on the attached Plot Plan, Exhibit "A," in the G-4 RMF -6 Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.3.4.11.2.C., of the Collier County Land Development Code [UDC 4.05.02.K.], for the unincorporated area of Collier County, and SECTION TWO: AMENDMENT TO OPERATIVE PORTION OF RESOLUTION NO. 04-326 THE LUTGERT COMPANIES PARKING EXEMPTION The operative section of Resolution Number 04-326, the Lutgert Parking Exemption is hereby amended to read as follows: Petition Number PE-2004-AR-6093 filed by Q. Grady Minor and Associates, Inc., representing the Lutgert Companies, with respect to Words struck through are deleted; words underlined are added. Page 1 of 2 ,····.._.._,·_·,--'-·-"·~""__·__._____·c.~~,_~_"___~,_.,'..-__,.__. 17A i~4 ~. "',~ ',. the property hereinafter described in Exhibit "B," attached hereto and incorporated by reference herein, be and the same hereby is, approved for a parking exemption pursuant to the LDC as shown on the attached plot plan, Exhibit "A," in the G-4 RMF-6 Zoning District wherein said property is located, subject to the following conditions,;, BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adop,d after motion, second and majority vote. /)o/:'c Ç" Done this ,.1 "I <fay of I t /;' r t( 1/ (J 2005. A TTES.'l') i 'I: () . '"'''' BOARD OF COUNTY COMMISSIONERS "':J ~~;'._,...,11 "~1 " D~9~~BR..~ Clerk ::LLIER~~~I~ .,....~ '>t~"}:I;<~:.; '.;~(''.%;''\'' FRED W. COYLE , CHAIRMAN SE-2004-AR-6772/RM/sp Item # Nft . .¡J.e. Words struck trnough are deleted; words underlined are added. Page 2 of 2 _____._._~_.___>.._._,,_._,,__~._._~..,'_.. 'e'___'""~' e'.___ ___ _.._'""_""'~__"__"_ ~_._------- ------ ~ \ // / \ ' \ \ \ \\ \. \~ \ \~ /\ \ 1~ I ; ) \ -þ/ ~._~I \ I~ ~ i I i , I--=- I-~ ! -z___ I j !"..w..:.' . o;rli~u.,l... gooo tf) ,,18°0..... g ",0_0;3.0 § ,..: .-_=~ L..\.. ~ d ...J (AQ ¡¡;¡ ~~ o~ 80::ð~8 ~ ~~ ~..J¡¡;'g~ ~Œ ~....O¡¡;; ~ Z:oj; ~(j ê~~~ ~; 0..0.. 13:~7 2395435,958 COLLIER , CTY ZŒING - TT:¡, .,-\ I '\ , ','~ 8 , c=:.;'\ tID@ -jØJ œ c; ~~ tt~ ~rtmT'P " ® It.!)) \. ;t1L.JJ,U·C LUll /I:JIJ1irrtNI; :ttJ' 1/11lI11' - - ~3:!::m8 ,Ot AUZ'f' .,. .,. I ~ ~ íì \ ,_ 3003H lol'! r ~ .. '" I ~3j.:Uìe ~tl f- F II t= \..0 I" (V ~p. - '" T l-J-- r=J .J '-I ..___, ~ I, I EjJ2 , ~I .' 0 f."""' ® FF .. ! I I ¡'FW~ ® ~ I ~ _/ =-- ~~ fA.lflAlQ 1I.cJt (u.1f. "II 1 ~ r.:: \ , , 1_ . I -L - UAIf ~~ <i1€5 28: a..a. ~: 8:5 c.. ~t;i ¡¡:; ~..J ~~ 0.... ~~ 7j~ .;>~ ~:ó ~~ æ~ i=~ 80 ....Jr: ~'" ~~ ~~ ~~ ~ z: PAGE 02/03 I I f I I 'I 'I i I 02/24/2005 13:17 23%435958 COLLI ER ''.:;TV ZO~H HG PAGE 03/03 17A Legal Description Lot 29 & 30, Block I Naples Twin Lakes, according to plat in Plat Book 4, Pages 35-36, Public record of collier County, Florida. Exhibit "B" ........--.... COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 178 To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) *************************************************************************************************** Originating Dept/ Div: Comrn.Dev.Serv./Planning Person: Michael Bosi, AICP (If\:? Date: ( -Wê) ~ Petition No. (If none, give brief description): PUDZ- 2004-AR-56 I I, Seacrest Upper And Lower Sehool Petitioner: (Name & Address):Richard Yovanovich, Goodlette, Coleman and Johnson, PA, 4001 Tamiami Trail N., Naples, PI. 34103 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Seacrest School, Inc., 7100 Davis Blvd., Naples, Fl. 34104 Hearing before BCC BZA Other Requested Hearing date: February 22.2005 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDZ-2004-AR-56 I I, Seacrest School, Inc., represented by Richard Yovanovich of Goodlette, Coleman and Johnson, PA, requesting a PUD Rezone from "E" Estates and "E" Estates zoning with an approved conditional use for the existing school facility to "PUD" Planned Unit Development for expansion of the existing school facility." The property is located at 7100 Davis Boulevard, in Section 8, Township 50 South, Range 26 East, Collier County, Florida, consisting of 39.4± acres. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113-138312-649110 No If Yes, what account should be charged for advertising costs: Approved by: County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office wiJJ distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit oi:iginal to Clerk's Office, retaining a copy for file. *************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: t/31105 Date of Public hearing: ata-ð-f 05 Date Advertised: (TIc, Jö5' 178 ,.,4, :,.:~'·:·/t ''- ,'{};'t ORDINANCE NO. 05 - '" . ; ~ .;¡, . 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 WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA TO AMEND THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM "E" ESTATES AND "E" ESTATES ZONING WITH APPROVED CONDITIONAL USE TO "CFPUD" COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT FOR A DEVELOPMENT TO BE KNOWN AS SEACREST UPPER AND LOWER SCHOOL, FOR EXPANSION OF THE EXISTING SCHOOL FACILITY LOCATED AT 7100 DAVIS BOULEVARD, IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 39.4± ACRES; AND FOR PROVIDING AN EFFECTIVE DATE. WHEREAS, Margaret Perry, AICP, of WilsonMiller, Inc., and Richard Yovanovich, of Goodlette, Coleman and Johnson, P A, representing Seacrest School, Inc., petitioned the Board of County Commissioners to change the zoning classification of the subject real property as part of Petition PUDZ- 2004-AR-56 1 1. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the subject real property described in Section 1.2 of the Seacrest Upper and Lower School PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein located in Section 8, Township 50 South, Range 26 East, Collier County, Florida, is changed from "E" Estates and "E" Estates zoning with approved conditional use to "CFPUD" Community Facility Planned Unit Development. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super majority vote of the Board of County Commissioners of Collier County, Florida, this day of ,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk FRED W. COYLE, CHAIRMAN \f.[roVed as to Fonn an Legal f~ienc Patrick G. ite Assistant County Attorney PUDZ- 2004-AR-56 I 11MB 1 178 ·'~,.d . . Jt EXHIBIT A SEACREST UPPER AND LOWER SCHOOL A PLANNED UNIT DEVELOPMENT PREPARED FOR: Seacrest School, Inc. 7100 Davis Boulevard Naples, FL 34104 PREPARED BY: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 and Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 DATE FILED: 3/18/04 DATE REVIEWED BY CCPC: 2/3/05 DATE APPROVED BY BCC: ORDINANCE NUMBER: 111112005-133221 Vero 09 1- MPERRY CAIN3 nAn1'7.M1.JW\.. DOt In... 'J1I1R"7 178 i " ii TABLE OF CONTENTS SECTION PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE iii SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP. AND GENERAL DESCRIPTION 1-1 SECTION II PROJECT DEVELOPMENT 2-1 SECTION 1/1 SECTION IV SCHOOUCAMPUS DISTRICT OPEN SPACE/RECREATIONAL FACILITIES DISTRICT PRESERVE DISTRICT 3-1 4-1 SECTION V 5-1 SECTION VI EXHIBITS GENERAL DEVELOPMENT COMMMITMENTS 6-1 EXHIBIT A SEACREST UPPER AND LOWER SCHOOL PUD MASTER PLAN 1J11J2~ 133227 Ver. 091· MPERRY """'" n.4n17..nn')..tVV\.. DDÞ In.. 'JIG""l' 17a 111 STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Seacrest School, Inc., hereinafter referred to as the developer, to create a Planned Unit Development (PUD) on 39.4± acres of land located in Section 8, Township 50 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Seacrest Upper and Lower School, hereafter "Seacrest," and will include classrooms, school administration areas, and related educational facilities including sports fields and recreation areas. The development of Seacrest will be consistent with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The development will be consistent with the adopted Land Development Code (LDG) and other applicable regulations, unless otherwise provided, for the following reasons: 1. Seacrest is located within the urban residential subdistrict. Within the urban area, certain non-residential uses are permissible. Community facilities, including schools, are one of these non-residential uses. Therefore, the location of a school on this property is in compliance with the GMP. 2. 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. 3. Per policy 6.1.1 of the CCME, within the project, a minimum of 15% of the native vegetation present shall be preserved. Areas that fulfill the required native vegetation standards shall be set aside as preserve areas, shall be identified as separate preserve tracts, and be protected by a permanent conservation easement to prohibit further development. These on-site preserve areas shall be part of and counted toward the open space requirements. 4. This project shall be subject to applicable sections of the LDC at the time of development order approval, except as otherwise provided herein. 5. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. SHORT TITLE This ordinance shall be known and cited as the "SEACREST UPPER AND LOWER SCHOOL PLANNED UNIT DEVELOPMENT ORDINANCE". 1/1112005- 133227 Vor: 091· MPERRY CA043 ft.......,,? .............,." "'"'..... ...n....... 178 '~·I Ifj' , ~"'-. ,~ 1-1 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1,1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Seacrest PUD, and to describe the location and existing zoning of the property proposed to be developed. The Seaerest PUD is located within Collier County. 1.2 LEGAL DESCRIPTION Being a part of Section 8, Township 50 South, Range 26 East, Collier County, Florida more particularly described as follows: The North Half (N Y:z) of the North Half (N Y:z) of the Southeast Quarter (SE 14) of the Northwest Quarter (Northwest X). Less and except the West fifty feet thereof for road right- of-way; Also including: The South Half (S Y:z) of the South Half (S Y:z) of the Northeast Quarter (NE 14) of the Northwest Quarter (Northwest X). Less and except the West fifty feet thereof for road right- of-way; Also including: The West Half (W Y:z) of the West Half (W Xi) of the Northwest Quarter (NW X) of the Northeast Quarter (Northeast X). Less and except the North seventy-five feet thereof for road right-of-way; Also including: The East Half (E Y:z) of the West Half <W Y:z) of the Northwest Quarter (NW 14) of the Northeast Quarter (Northeast X). Less and except the North seventy-five feet thereof for road right-of-way; Containing 39.44 acres of land, more or less. 1.3 PROPERTY OWNERSHIP The project owner and developer is Seaerest School, Inc., a Florida Corporation not for profit, whose address is 7100 Davis Boulevard, Naples, FL 34104. 1.4 GENERAL LOCATION AND EXISTING ZONING OF PROPERTY A. The total site area is 39.4± acres and is located on the south side of Davis Boulevard, and on the east side of County Barn Road. This property is located within Section 8, Township 50 South, Range 26 East, Collier County, Florida. 1/1112005- '33227 Ver: 091- IAPERRY ""... 04017-002·000- PP\J~ 28187 ..~- +'------- _""dw ...~~,,"---_.._- ..-""--.....--..., 178 -:1 1-2 B. The zoning classification of the subject property prior to the date of this approved PUD Document was "E-Estates." A portion of the property obtained prior conditional usê approval from the Collier County Board of County Commissioners for the existing school facility. 1/HI2()()5. 133221 Ver.. D91·MPERRY CA043 04017.Q02-000- Pl'UD- 28187 ---"'-'~-- . _"_.".,,,.__,..··.._._...,,.,o_,""W""'. 178 "I f 2-1 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Seacrest, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Sea crest has an area of 39.4± acres and shall consist of school and related uses, recreational/sports facilities, and preserve and open space areas. The Seacrest PUD Master Plan is illustrated graphically on Exhibit "A". A Land Use Summary indicating approximate land use acreages is shown on the PUD Master Plan. The location, size, and configuration of individual tracts shall be determined at the time of site development plan approval, in accordance with Chapter 10, Section 10.02.03 of the Collier County Land Development Code (LDC). 2.3 COMPLIANCE WITH COUNTY ORDINANCES A Regulations for development of the Seacrest PUD shall be in accordance with the GMP, the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC which are in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to final site development plan, excavation permit and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. All conditions imposed herein are part of the regulations which govern the manner in which the land may be developed. D. The Site Development Plans Division of the LDC (Chapter 10, Article 2) shall apply to the Seacrest PUD, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 10.02.03.A3. E. Development permitted by the approval of this PUD will be subject to a concurrency review under the provisions of LDC Chapter 6, Adequate Public Facilities, at the earliest or next to occur of either final SDP approval or building permit issuance applicable to this development. 2.4 DEVIATIONS FROM LDC AND CODE OF LAWS AND ORDINANCES A Deviation from LDC Section 4.06.02.D., Standards for Retention and Detention Areas in Buffer Yards: A deviation is requested to allow for pedestrian pathways, water management systems, drainage structures, fences, walls and signs to be 1(1112005- 133227 Ver: 091- MPERRY CA1I43 04017-002,000- PPUo- 28187 -,.._-~~~~"'~_....._>~"_...,~"--"-. .----'".-" 178 ,., "'::-'i). ~' 2-2 located within landscape buffer/easements per the LDC subject to review and approval by the County staff at time of SOP review. The developer proposes to locate within the buffer areas only those drainage structures needed to intercept offsite flows at the perimeter and route them around the property, or for the outfall from the onsite water management system. Where water management systems share the buffer area, the developer agrees to maintain the minimum percentage of buffer area utilized for landscape as set forth in Section 4.06.02.D.2. The developer's request for this deviation is based on the site constraints presented by the amount of wetlands, and combining functions to minimize the development footprint in order to maintain the greatest amount possible of preservation areas. B. Deviation from LDC Section 5.03.02.E., Fences and Walls: A landscaped berm along with a six-foot high wood fence were previously installed between the Seacrest School and the Falling Waters PUD properties and are currently on site. The existing conditions provide adequate and appropriate buffering between the two properties. C. Deviation from LDC Section 6.06.02, Sidewalks and Bike Lane Requirements: A pedestrian pathway network shall be established throughout the project and will serve to link the upper and lower school facilities and sportslrecreation fields. This pedestrian pathway will be six feet wide, and any required breaks in the pathway for vehicular crossing or access shall be identified through the use of pavers, signage, or other traffic calming techniques deemed appropriate to reduce the speed of vehicles and provide safe pedestrian movements throughout the site. The pathway will feature canopy trees or palms with ground level landscape plantings. Bike lanes will not be provided within the project. The developer shall construct one eight-foot wide pedestrian pathway from the County Barn Road east right-of-way line to the western edge of the "SchooVCampus" District designated "S" on the PUD Master Plan. The developer shall construct a six-foot wide pedestrian pathway on both sides of the internal driveway along the frontage of the "SchooVCampus" District within the Upper School Campus and designated as "S" on the PUD Master Plan. The developer shall construct one six-foot wide pedestrian pathway from the Davis Boulevard south right-of-way line to the main entrance of the existing administrative building on the Lower School Campus near the northern end of the "SchooVCampus" District designated as "S" as shown the PUD Master Plan. The width of the pathway from Davis Boulevard to the administrative building may be reduced from six feet to the minimum width required by the Americans with Disabilities Act if site constraints such as existing trees, light poles or setbacks to preserves preclude the installation of a six foot wide pathway. To the extent that sidewalks are required along the Project frontage with Davis Boulevard and County Barn Road at the time of Site Development Plan application, a payment in lieu of constructing said sidewalks will be made by the developer in the amount of $23,940 for the Davis Boulevard frontage, and $24,300 for the County Barn Road frontage. 1I"l2oœ;. '33227 Ver. D91- MPERRY """" 004017·002-()00- PPU[).. 28'87 --'-"' ,._,---~" 178 . A -':1 2-3 D. Deviation from/clarification of LDC Section 6.06.01, Street System Requirements: The internal vehicular area is a driveway; therefore, the requirements of this LDC Section do not apply. E. Deviation from Code of Laws and Ordinances, Setbacks to Right-of-Way Line or Easement Line: An exception is requested to allow the control elevation contour of a lake excavation within fifty feet (50'), but no less than twenty feet (20'), of the existing or future County Barn Road right-of-way line, access easement line or drainage easement line. The developer may locate a stormwater management facility near the County Barn Road right-of-way line and adjacent to the County's planned drainage ditch on the east side of County Barn Road. The ditch will create a forty-foot (40') separation between the County Barn Road travel lanes and the Developer's property. Hence, adequate separation will be provided without the need for additional barriers or design analysis. F. Deviation from Code of Laws and Ordinances, Setbacks to Side, Rear, or Abutting Property Lines: An exception is requested to allow the control elevation contour of a lake excavation to be set back no less than twenty feet (20') from a side, rear, or abutting property line. The Developer will install a protective measure such as fencing (minimum four-foot chain link), berms, walls, or other engineered protective measure for the portion of the property line within one hundred feet (100') of the lake. 2.5 LAKE SETBACK AND EXCAVATION A. As depicted on the Seacrest PUD Master Plan, lakes and water management areas have been preliminarily sited, with the ultimate location and configuration to be determined during the site development review stages of project development. B. Lake banks and edge of water may be sculpted for aesthetic purposes and to complement the overall project theme and may use combinations of vertical bulkheads (rock, concrete, wood), vegetation, beach and earthen berms, consistent with the intent of Section 4.06.02.D.5 of the LDC. Pathways, including boardwalks, may be constructed along the lake edges for pedestrian circulation internal to the development. Deviation is requested from Section 4.06.02.D.5.C., items i - iii. In an effort to maintain the security of the school facility, public access to this amenity will not be provided. The developer intends to use this amenity for the enjoyment of the students, faculty and guests, and will provide picnic tables, benches, walkways, and other outdoor facilities for this purpose. A permanent fountain structure may also be provided. C. Wet detention ponds shall have a littoral shelf with an area equal to 7% of the pond's surface area measured at the control elevation and be planted with native aquatic vegetation, pursuant to LDC Section 3.05.10. D. Final lake area determinations shall be in accordance with the South Florida Water Management District stormwater criteria and Section 22-106, Code of Laws and Ordinances of Collier County. As permitted in Section 22-106, exception to the side setback will be requested, and the developer will meet the requirements as outlined therein. 111112005-133227 Ver. 001- MPERRY """" 04017-002-000. PPUD- 28187 --_.~.". ""-';-"--""'. ------ __''''_'_.'W'.'_'^..~'*.'~~ 178 .'.'Í ,.,1 .~ .~ 2-4 E. Blasting can be utilized in the excavation process provided such excavations meet the setback requirements and other provision of this PUO Document for lakes. Unless otherwise addressed herein, blasting shall be governed by the applicable provisions of the LDC. 2.6 CONSTRUCTION OFFICES Construction offices, staging areas, and other similar uses and structures shall be permitted principal uses throughout the Sea crest PUD. These uses may be either wet or dry facilities, and may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 64E-6, and may use potable water, existing lakes or irrigation wells for irrigation. These uses shall be subject to the requirements of Section 5.04.03 of the LOC. The construction offices temporary use permits shall be valid through the build out of the project with no extension of the temporary use required. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance including the Seacrest PUD Master Plan as provided in Section 10.02.13 of the LDC. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Seacrest PUO Master Plan upon written request of the developer. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County GMP and the Sea crest PUD Document. 2. The minor change or refinement shall not constitute a substantial change pursuantto Section 10.02.13.E of the LOC. B. The following shall be deemed minor changes or refinements: 1. Reconfiguration of lakes, ponds. or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of driveway, other than a relocation of access points to the PUD itself, where water management facilities, preserve areas, or required easements are not adversely affected or otherwise provided for. 3. Reconfiguration of parcels when there is no encroachment into the preserve area. C. Minor changes and refinements as described above shall be reviewed by . appropriate Collier County Staff to ensure that said changes and refinements are otherwise in compliance with all applicable County ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. D. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for Site Development Plan approval. however such approval 1/1112006-133227 Ver. OV'~ MPERRY ~> 001017-002·000- PPUD- 28167 ........-...>o~"n~."'~·__'~·~"._···.._~~ I . 178 .'~ .;,i 4 2-5 shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.8 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Sea crest PUO. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4:1 2. Ground covered berms 3:1 3. Rip-rap berms 2: 1, except not permitted in Type 0 right-of-way buffers B. The maximum height of all fences or walls is eight feet, as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest existing road. C. Upon submission of a landscape plan, the County Landscape Architect may approve landscape buffers, berms, fences and walls to be constructed along the perimeter of the Seacrest PUD prior to site development plan submittal. O. Fence or wall setbacks: Fences, walls and similar structures shall have a minimum of a five-foot setback from development boundaries where adjacent to a public right-of-way and a zero- foot setback from all other land uses. E. Pedestrian pathways, water management systems, drainage structures, fences, walls, signs and utilities are allowed in landscape buffers/easements per the LOC subject to review and approval by the County staff at time of SOP review. 2.9 CLEARING AND FILL STORAGE Fill storage is generally permitted as a temporary principal use throughout the Sea crest PUD until buildout of the project. Fill material may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the developer shall notify the Community Development and Environmental Services Administrator per Section 4.06.04 of the LDC. The following standards shall apply: 1. Stockpile maximum heig ht: 45 feet 2. Fill storage areas in excess of five feet in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1. 2.10 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Seacrest PUD except in the Preserve District. General permitted uses are those uses which are typically part of the common infrastructure. 1/1112005- 133221 Ver. 0111- MPERRY """'" 04011-002-000- PPUD- 281a7 178 ~ 2-6 A. General Permitted Uses: 1. Water management facilities and related structures including lakes with bulkheads or other architectural or structural bank treatments. 2. Guardhouses, gatehouses, and access control structures. 3. Architectural features and elements including walls, fences, arbors, gazebos and the like. 4. Temporary construction and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 5. Landscape/hardscape features including, but not limited to landscape buffers, berms, fences, water features and walls subject to the standards set forth in Section 2.8 of this PUD. 6. Fill storage, site filling and grading are subject to the standards set forth in Section 2.9 of this PUD. 7. Temporary educational facilities. 8. Any other uses which are comparable in nature with the foregoing uses and are approved through the process set forth in the LDG in effect at the time of the request for such use. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to General Permitted Uses: 1. Guardhouses, gatehouses, signage, landscape features, and access control structures shall be setback a minimum of ten feet (10'). 2. Other general permitted uses (except fences) shall be set back a minimum of five feet from property lines. Temporary educational facilities shall be set back a minimum of thirty feet (30') from all property lines. 3. Minimum distance between structures, which are part of an architecturally unified grouping - five feet 4. Minimum distance between unrelated structures - ten feet 5. Maximum height of General Permitted Uses buildings - 35 feet (Note: For the purposes of this PUD, height is defined as the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. This height limitation does not apply to spires, belfries, cupolas, flagpoles, antennas, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.) 6. Minimum floor area - None required. 1/1112005- 133227 Vo<: 091- ",PERRY """'" 04017-002.000- PPUD- 28167 · 178 j 2-7 7. Minimum lot or parcel area - None required. 8. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Seacrest PUD are to be in accordance with the LDC provision in effect at the time of pennit application. 2.11 OPEN SPACE REQUIREMENTS A combination of the takes, preserve, and open spacel recreational facilities shall fully meet the 30 percent open space requirement for development of the project. 2.12 NATIVE VEGETATION RETENTION REQUIREMENTS Per Policy 6.1.1 of the CCME and Section 3.05.07 of the LDC, a minimum of 15% of the native vegetation present shall be preserved within the project. The total native vegetation existing on the site is approximately 38.4 acres and a minimum of 5.8 acres of native vegetation will be preserved within the existing and proposed preserve areas as indicated on the PUD master plan. Areas that fulfill the native vegetation retention standards shall be set aside as preserved areas and shall be protected by a pennanent conservation easement. A management plan shall be submitted to identify actions that must be taken to ensure that the preserved areas will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species, fire management, and maintenance of permitted facilities. 2.13 EXOTIC VEGETATION REMOVAL An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the preserve area, shall be submitted to Environmental Services Department review staff prior to construction plan approval. A schedule for exotic removal within the preserve area shall be submitted with the above-mentioned plan. The maintenance plan shall be implemented on a yearly basis at a minimum to effectively control exotics, and shall describe specific techniques to prevent re-invasion by prohibited exotic vegetation of the site in perpetuity. 2.14 SITE LIGHTING Lighting facilities shall be arranged in a manner which will protect roadways and neighborhood residential properties from direct glare or other interference. 2.15 ARCHAEOLOGICAL RESOURCES Pursuant to Section 2.03.07.E of the LDC, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 2.16 TIME LIMITS AND MONITORING REPORT PROVISIONS A. The Sea crest PUD shall be subject to the time limits of Section 10.02.13.D of the LDC. 1/1112005- 133221 Vor. 091- MF'ERRY CAO<I 04011-002.000- PP\jD- 28181 ._,-_.~,-~ --~_.""_..,....,.<._.""' 'W' _""'__'_"'_"H .._"~^~ ... ~ 178 2-8 B. An annual monitoring report shall be submitted pursuant to Section 1 0.02.13.F of the LOC. 2.17 APPLICABILITY OF LDC CHAPTER 5, SECTION 5.05.08 The purpose and intent of LDC Chapter 5, Section 5,05.08 is to provide standards and guidelines that apply to the design of commercial buildings and projects. Since Seacrest is not a commercial building or project, Section 5.05.08.8.5 of the LOC is applicable. At the time of SDP review for new construction or for redevelopment of the existing school facility, the developer may submit an "Alternative Architectural Design Standards Plan," which will reference the requested deviations on the plan and a descriptive narrative which specifically identifies the code development standards which will be addressed through the alternative approach. If submitted, the "Alternative Architectural Design Standards Plan" will be administratively reviewed by the Planning Services Director for consistency with the intent of LOC Section 5.05.08. 1/1112005- 133227 Ver: OG 1-IoIÆRRY """" 04817-002-000- PPUD- 28187 '" - ~~"~.. 17B 3-1 SECTION III SCHOOUCAMPUS DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Seacrest PUD designated on the Seacrest PUD Master Plan as "S." 3.2 GENERAL DESCRIPTION Areas designated as "S" - School/Campus on the PUD Master Plan are designed to accommodate the school/campus and related uses. 3.3 PERMITTED USES AND STRUCTURES· "S" DISTRICT No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1. Elementary and secondary schools (Group 8211) 2. Libraries (Group 8231) 3. Administrative offices 4. Gymnasiums 5. Auditoriums B. Accessory Uses: 1. Recreational facilities associated with a school, including but not limited to, stadiums, athletic fields, playgrounds, swimming pools, track and field venues, basketball courts, volleyball courts, and tennis courts 2. Child Day Care Services (Group 8351) 3. Eating places (Group 5812, restricted to cafeterias, no drive-through service) 4. Customary accessory uses or structures incidental to school and campus related uses, including structures relating to the electrical and mechanical operation of the school facility. 5. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 3.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Setback for principal and accessory uses from public road rights-of-way and project boundaries - Thirty feet (3D'). 1/1"'1005-133221 v..; aQI-MPERRY CA04$ 04D11·002-<x>G- PPVD- 28161 178 ....'1 1-':-:..; ...._, '. ,.., I >. ;~. : ........ 3-2 Setback for athletic fields other than baseball fields from public road rights- of-way and project boundaries - Thirty feet (30'), including sports field light poles, score boards, grandstand(s), and bleacher(s). Setback for baseball field(s) from public road rights~f-way and project boundaries - Fifteen feet (15') for the outfield portion only; and thirty feet (30') for other portions of the baseball field including sports field light poles, score board(s), grandstand(s), and bleacher(s). Setback for all athletic field(s) concession building(s) from public rights~f- way and project boundaries - Fifty feet (50'). 2. Distance between free-standing principal uses: Thirty feet (30') 3. Distance between principal and accessory structures - Zero feet (0') 4. Distance between accessory structures - Zero feet (0'). 5. Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment (retaining wall which is architecturally consistent with other structures on the property) is incorporated into the design and subject to approval from Collier County Planning Services Department. 6. Setback from the boundary of any preserve shall be twenty-five feet (25') for principal structures and ten feet (10') for accessory structures. Setback to site alterations shall either be a) ten feet (10') from the boundary of any preserve, or b) zero feet (0') to ten feet (10') if a ground covered berm with a 3: 1 side slope at least one foot high above existing grade is placed between the toe of slope of the site alteration and the boundary of any preserve. Setback from existing preserves and alterations adjacent to existing preserves, as identified on the PUD master plan, shall be as shown on the previously approved Site Development Plan for the site. B. Maximum height of structures: 56 feet C. Minimum floor area for principal structures: 1,000 square feet D. Minimum Parking Required: 1. One space per each faculty member 2. One space per each administrative staff 3. One space per five (5) upper school students 4. Twenty-five (25) spaces per each recreational/sports field The above minimum parking requirements shall meet the required parking for all uses proposed on the PUD master plan and within this PUD document. No parking for individual uses not specifically noted above will be required for the project. 1/1112006-133227 V... 091· MPERRY CA04a 04017-002·000- PPU[). 281e7 17a 4-1 SECTION IV OPEN SPACE/RECREATIONAL FACILITIES DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Seacrest PUD designated on the Seacrest PUD Master Plan as "OS/R." 4.2 GENERAL DESCRIPTION Areas designated as "OS/R" - Open Space/Recreational Facilities on the PUD Master Plan are designed to accommodate school related recreational facilities and open space uses. 4.3 PERMITTED USES AND STRUCTURES· "Os/Rn DISTRICT No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1. Recreational uses including, but not limited to, tennis courts, racquetball courts, shuffleboard courts, basketball courts, playgrounds, track and field venues, and athletic fields. 2. Open space and usable open space as defined in the LDC, Chapter 1 , Section 1.08.02. B. Accessory Uses: 1. Customary accessory uses or structures incidental to school recreational facility related uses and open space. 2. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Setback for principal and accessory uses from public road rights-of-way and project boundaries - Thirty feet (30'). Setback for athletic fields other than baseball fields from public road rights- of-way and project boundaries - Thirty feet (30'), including sports field light poles, score boards, grandstand(s), and bleacher(s). Setback for baseball field(s) from public road rights-of-way and project boundaries - Fifteen feet (15') for the outfield portion only; and thirty feet (30') for other portions of the baseball field including sports field light poles, score board(s), grandstand(s), and bleacher(s). 1/1112005-133227 Vor:091·MPERRY ~ 04017,002-000- PPVD- 28167 ._--~_._~p,,,---,.. .._~ ~,-~_.,"-_." ..n "~-","-"..,-_."~~",,. 178 '!~.""'.".'..'1f.'. ' '"",,1 ~'\:;. , ~... 4-2 Setback for all athletic field(s) concession building(s) from public rights-of- way and project boundaries - Fifty feet (50'). 2. Distance between free-standing principal uses: Zero feet (0'). 3. Distance between principal and accessory structures: Zero feet (0') 4. Distance between accessory structures - Zero feet (0'). 5. Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment (retaining wall which is architecturally consistent with other structures on the property) is incorporated into the design and subject to approval from Collier County Planning Services Department. 6. Setback from the boundary of any preserve shall be twenty-five feet (25') for principal structures and ten feet (10') for accessory structures. Setback to site alterations shall either be a) ten feet (10') from the boundary of any preserve, or b) zero feet (0') to ten feet (10') if a ground covered berm with a 3: 1 side slope at least one foot high above existing grade is placed between the toe of slope of the site alteration and the boundary of any preserve. Setback from existing preserves and alterations adjacent to existing preserves, as identified on the PUD master plan, shall be as shown on the previously approved Site Development Plan for the site. B. Maximum height of structures: 30 feet C. Minimum floor area for principal structures: none required D. Minimum required parking: Per Section 3.4.D of this PUD document. 1/1112005- 133221 Ver. 08 1- MPERRY CM43 04011-002-000. PPU[). 28167 178 ,44 5-1 SECTION V PRESERVE DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Sea crest PUD designated on the Seacrest PUD Master Plan as "P". 5.2 GENERAL DESCRIPTION Areas designated as "P" - Preserve District on the Seacrest PUD Master Plan are designed to accommodate customary uses in preserve areas. 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 whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Conservation and Preserve. 2. Passive recreational areas, pervious nature trails, boardwalks and recreational shelters, and other similar uses. 3. Water management structures. 4. Mitigation areas and mitigation maintenance activities. 5. Any other preservation and related open space activity or use which is comparable in nature with the foregoing uses and is approved through the process set forth in the Land Development Code at the time of the req uest for such use. 1/1112005- 133227 Vor: OII!- MPERRY """" 04017·OOZ-()()()w. PPUD- 28167 178 6-1 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to outline the general development commitments for Seacrest. 6.2 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 dedicated utility easements, shall be conveyed to Collier County Utilities pursuant to Collier County Ordinance 2001-57, as amended. B. Temporary construction trailers may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 64E-6, and may use potable or irrigation wells. C. Within the project, landscaping (including palm trees, shrubs and ground cover), pedestrian pathways will be allowed within a utility easement, including placement within three feet of a utility line. Canopy trees may be located seven feet from the utility line. Said seven feet being measured from the trunk of the tree to the center of the utility line. Reconstruction of pedestrian pathways, or modification! reinstallation of plant materials due to the necessary maintenance of utility lines will be the responsibility of the developer, its successors, or assigns. 6.3 TRANSPORTATION A. All traffic control devices and design criterion used shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. B. Arterial level street lighting shall be provided at project entrance(s). Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy (CO) pertaining to that phase of construction. C. External and internal improvements determined by Collier County Transportation staff to be essential to the safe ingress and egress to the development will not be considered eligible for impact fee credits. All such improvements shall be in place prior to the issuance of the first Certificate of Occupancy (CO) pertaining to that phase of construction. D. Road Impact Fees will be paid in accordance with Collier County Ordinance 2001- 13, as amended, and the Land Development Code (LDC), as amended, unless otherwise approved by the Collier County Board of County Commissioners (CCBCC). 1/11/2005-133227 Vor.0II''4PERRY CAlMS 04017.002-000- PPUD- 281111 . 178 6-2 E. Any and all points of ingress and/or egress as shown on any and all plan submittal( s}, are conceptual in nature and subject to change as determined by Collier County Transportation staff. Collier County Transportation staff reserves the right to modify, or close any ingress and/or egress location(s} determined to have an adverse affect on the health, safety and welfare of the public. These include, but I are not limited to, safety concerns, operational circulation issues, roadway capacity problems, etc. F. Any and all median opening locations will be in accordance with the Collier County Access Management Policy, as amended, and Land Development Code (LDC), as amended. Median access and control will remain under Collier County Transportation staffs authority. Collier County Transportation staff reserves the right to modify or close any median opening(s} determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues, roadway capacity problems, etc. G. Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence of a point of ingress, egress and/or median opening, nor the lack thereof, 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 shall be designed to promote the safe travel of all users including pedestrians. All sidewalk design criteria used shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT) - Design Standards, as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Collier County Transportation staff reserves the right to impose stricter requirements if determined as necessary to protect the health, safety and welfare of the public. I. The developer(s) shall 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) prior to the issuance of the first permanent Certificate of Occupancy (CO). Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When turn lane improvement(s) described below are determined to be necessary, if additional right- of-way and/or compensating right-of-way is required, it shall be provided in conjunction with said improvement(s), as determined by Collier County Transportation staff. The subject development turn lane improvements shall be as follows: . Southbound left turn lane and northbound right tum lane at the project entrance on County Barn Road. All turn lane design criteria used shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT) - Design Standards, as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. The turn lane queue length determinations shall be in 1/1112005-133221 V.r. Ogl- MPERRY ~> 04017,0Q2·00D- PPUo- 28161 -. "._--""",-,,,,,,,,,_.,",,~-,"~ '~^-~'..,--'" --- 17B 6-3 accordance with the criteria/calculations within the Highway Capacity Manual - Chapter 17. J. All work within Collier County right-of-way shall meet the requirements of Collier County Ordinance No. 93-64, as amended. K. All internal accesses, drive aisles, sidewalks, etc., not located within County right-of- way, will be privately maintained by the developer, its successors in title, or assignees. L. If a gate is proposed at any and/or all development entrance{ s) they shall be designed so as not to cause vehicles to be backed up onto any and all adjacent roadways. . The minimum throat depth from the nearest intersecting roadway edge of pavement shall be no less than 50 feet to the proposed gate(s). . A hammerhead turn around area of sufficient design (or other appropriate design) shall be provided in advance of the proposed gate(s). M. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first certificate of occupancy. 6.4 ENVIRONMENTAL A. The development of this project shall be consistent with the environmental section of the Conservation and Coastal Management Element of the Growth Management Plan and the Land Development Code at the time of final development order approval. B. This PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected species on site. A habitat management plan for those protected species shall be submitted to Environmental Services Department Staff for review and approval prior to final site plan/construction plan approval. C. Areas that fulfill the native vegetation retention standards and criteria of the Growth Management Plan shall be set aside as preserve areas. All preserve areas shall be identified as separate tracts and be protected by a permanent conservation easement to prohibit further development. D. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants in perpetuity shall be the responsibility of the property owner. IJ11121J05.133221 Ver.D9I-MPERRY """" 04011-002-000- PPU[). 28187 178 6-4 E. A preserve area management plan shall be provided to environmental staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. F. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final site plan/construction plan approval. G. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the preserve areas, shall be submitted to Environmental Services Department Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic removal within all preservation areas shall be submitted with the above-mentioned plan. H. The developer acknowledges the conflicting use of the land for both littoral zone plantings and lake maintenance access and the developer accepts full responsibility for any damage that may occur to the littoral zone plantings as a result of lake maintenance access activities within the 20-foot wide lake maintenance easement. 6.5 DRAINAGE A. The property owner shall reserve the area depicted on the PUD Master Plan as a future drainage easement ("Reservation Area") for a period of three (3) years following the adoption of the PUD. The actual area to be acquired by the County shall be based on an engineering analysis, to be prepared by Collier County, that justifies the need for the requested width. The property owner shall also dedicate to Collier County a ten foot (10') wide access easement, adjacent to but outside of the limits of the Reservation Area eastern easement line, for the sole purpose of maintaining the drainage easement. The property owner is allowed to encroach into the access easement up to half of the width of any required landscape buffer, provided that any plantings are installed outside of the access easement. The Reservation Area and access easement shall be conveyed to the County within ninety (90) days of the County's written request. The County shall pay the property owner the fair market value of the Reservation Area and access easement as of the date of the County's written request. The County shall submit to the property owner an appraisal setting forth the amount the County believes to be the fair market value of the Reservation Area and access easement at the time of the request for conveyance of the Reservation Area and access easement. The developer shall have forty-five (45) days to accept the County's appraisal or obtain its own appraisal. If the Developer's appraisal exceeds the County's appraisal, the County shall pay the average of the two appraisals. The reservation for the drainage easement and access easement shall expire three (3) years after the date the PUD is adopted. B. The developer shall dedicate at the time of final SDP approval a non-exclusive lake maintenance and access easement to Collier County with no responsibility for maintenance for each wet detention lake to be constructed. 1/1112005-133227 Vor. 0111- MPERRY .,.... 04017-002.000. PPUD- 28187 ~__.""_H I I::: I~ ~ 8 0 10011 ..~cC. . ~ I I I t I dPI! iffi III f ~ it f~ Hi ¡¡:: » ~ t I !=e!t:~ C) ~ ~ ~1~~'~~['¡I'\~ "' ...;!.' <>.. l p .. n '1 - .. '" 0 ~! . !XI i ~ ~ . ~ ~ I; . . ~ ' " ~ I~ ; ~ : ~'08-'"O . ~ JI:> _ '; :"... ~ 17B ;1 E h~ e ~ ~ , " I I II 1 I II I I It I 111 I I II I I II I I II I I II I I II u:: -------------- // u c:C ;¡ :II ~ ß ~::: 81 In~ II! ¡~ III P.III~ Illil'¡ I 11¡lj¡¡! III IIiI õ. I ! I i I ill il" .~! hi r! II! ~i IJøl ~Ü I ill ¡II i,lil!1 J~I ~ · I Iii! Wi/.Millsf =lI::~.== ~~ß©~~~TI M~~~~ ßæ@ ~@~~~ ~©oo®@~ PUD MASTER PLAN ...... PREPARED FOR: SEACREST SCHOOL, INC. 178 ~,'f NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, February 22,2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: 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 WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA TO AMEND THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM "E" ESTATES AND "E" ESTATES ZONING WITH APPROVED CONDITIONAL USE TO "CFPUD" COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT FOR A DEVELOPMENT TO BE KNOWN AS SEACREST UPPER AND LOWER SCHOOL, FOR EXPANSION OF THE EXISTING SCHOOL FACILITY LOCATED AT 7100 DAVIS BOULEVARD, IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 39.4 +/- ACRES; AND FOR PROVIDING AN EFFECTIVE DATE. Petition PUDZ-2004-AR-5611, Seacrest School, Inc. , represented by Richard Yovanovich of Goodlette, Coleman and Johnson, PA, requesting a PUD Rezone from "E" Estates and "E" Estates zoning with an approved conditional use for the existing school facility to "PUD" Planned Unit Development for expansion of the existing school facility. The property is located at 7100 Davis Boulevard, in Section 8, Township 50 South, Range 26 East, Collier County, Florida, consisting of 39.4 +/- acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted ^.."--"~,".._._-~.,.,,-_.,,..__. _~".__,..","_"_"_M_."'._"'_" ._,,_..<_._...d"'_··"'.H_ ,--,---,._--~---_._~'~-"'-'~--->~. 178 ~í'¥ to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) __.~_'__'____"_'~'"'_'_~'_'"__~__'"_M''_N__."____''_''''_''''_~~_''_~-'--~ 178 February 1, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ-2004-AR-5611; Seacrest Upper and Lower School Dear Legals: Please advertise the above referenced notice on Sunday, February 6,2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank· you. Sincerely, Ann Jennejohn, Deputy Clerk P.O./Account # 113-138312-649110 - 1"7B Dwight E. Brock Clerk of Courts iCeupt~pfCóUier CLERK OF THE CIRCUIT COURT COLLIER COUNTY GOURffiOUSE 3301 TAMIAMI TRAIL EAST . P.O. BOX4t3044 NAPLES, FLORIDA11101-3044 ..;{ . February 1, 2005 "k 1~ Clerk of Courts Accountant Auditor Custodian of County Funds Seacrest School Inc. 7100 Davis Boulevard Naples, FL 34104 Re: Notice of Public Hearing to consider Petition PUDZ-2004-AR-5611, Seacrest Upper and Lower School Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 22, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 6, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ ^/~4Ä_ -0.(, Ann Jennej ~~ - - 0- - Deputy Clerk Enclosure Phone-(239) 732-2646 Website- www.clerk.collier.fl.us Fax- (239) 775-2755 Email-collierclerk@clerk.collier.fl.us {~øU!1t~:~f eóllier 178 CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE Clerk of Courts 3301 TAMIAMI nAIL EAST Clerk of Courts . P.O. BOX 4t$044 Accountant NAPLES, FLORIDA 34101-3044 Auditor '1" Custodian of County Funds ,:,,¡ January 31, 2005 Richard Yovanovich Goodlette, Coleman and Johnson, PA 4001 Tamiami Trail, N. Naples, FL 34103 Re: Notice of Public Hearing to consider Petition PUDZ-2004-AR-561l, Seacrest Upper and Lower School Dear Petitioner: Please be advised that the above referenced petition will be considered by ~he Board of County Commissioners on Tuesday, February 22, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 6, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ ·O.C. Ann Jennej Deputy Cler Enclosure Phone-(239)732-2646 Fax- (239) 775-2755 Website- www.clerk.collier.ft.us Email- collierclerk@clerk.coUier.fl.us "'-."-- - . .~,---_. -"._-,-- "_.~._._-~-,,---"-~ ".,.." .-.-...-.- -'''''-',~. '",-~-_..'.. ,'--'------"- 178 Ann P. Jennejohn To: Subject: Legals (E-mail) PUDZ-2004-AR-5611 Seacrest School Good Morni ng! Please advertise the attached on Sunday, February 6, 2005. ~ ~ Thank you, Ann 774-8406 PUDZ-2004-AR-561 l.doc PUDZ-2004-AR-561 l.doc 1 178 Ann P. Jennejohn From: Sent: To: Subject: postmaster@clerk.collier.fl,us Tuesday, February 01, 2005 8:43 AM Ann P. Jennejohn Delivery Status Notification (Relay) I'.~·~ B F'::-?l L:::J ATT3000S.txt PUDZ-2004-AR-S61 1 Seacrest Sch... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 178 ':~- Ann P. Jennejohn From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Tuesday, February 01,20058:40 AM Ann P. Jennejohn Delivered: PUDZ-2004-AR-5611 Seacrest School r::--:-::: U PUDZ-2004-AR-561 1 Seacrest Schoo. «PUDZ-2004-AR-5611 Seacrest School» Your message To: Legals (E-mail) Subject: PUDZ-2004-AR-5611 Seacrest School Sent: Tue, 1 Feb 2005 08:42:26 -0500 was delivered to the following recipient(s): legals on Tue, 1 Feb 2005 08:39:50 -0500 1 PUDZ-2004-AR-56 1 1 Seacrest School Page 1 of 1 178 Ann P. Jennejohn From: Perrell, Pamela [paperrell@naplesnews,com] Sent: Tuesday, February 01, 2005 9:16 AM To: Ann p, Jennejohn Subject: RE: PUDZ-2004-AR-5611 Sea crest School OK -----Original Message----- From: Ann P. Jennejohn [mailto:Ann.Jennejohn@clerk.collier.fl.us] Sent: Tuesday, February 01, 2005 8:42 AM To: Legals (E-mail) Subject: PUDZ-2004-AR-5611 Seacrest School Good Morning! Please advertise the attached on Sunday, February 6, 2005. Thank you, «PUDZ-2004-AR-5611.doc» «PUDZ-2004-AR-5611.doc» Ann 774-8406 211/2005 - ~--~_.'"."--.'-~-- Naples Daily News Naples, FL 34102 178 Affidavit of publication Naples Daily News --------------------------------------------------+--------------------------- 164.000 INCH 02/07/05 ----------------------------~-------------------+-------------------------- Signature of Affiant ¡{. -----r I t:d 7- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 58987379 113138312649110 PUDZ-2004-AR-5611NOT State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 02/06 AD SPACE: FILED ON: Petition PUDZ·2004-AR- 5611. Seacrest School. I"c.. rep'uented by Richard YOvanOYleh of Good".. coternan and ,.JOhnson.l_~A, NaU8ItInø. 'I . PUD ltUone Nom "E" !$tAtes .."'" Estates zoning .,. approv· ed con.nat use fori the existing school fa·' clllty to ·PUO" Planned Unit Development for expansion of the exist· Ing school facility. The property Is located at 7100 Da:vls Boulevard. In $ectlon 8. Township 50 South. Range 26 East. Collier CountY. Florida. consisting of 39.4 +/. acres. Copies of the proposed Orillnance are on file W " te terk to the . Board and are available I ~nsP4K:tlòn. All Inter· r tQ~~~~ed NOTai ."" PØI10ns wish. lit O. peak On any regls· .' unty ad· te. pre· agenda IIddressed. t: ers will minutes . Sèlee- ..'fl. ..!!dlvJdµa, to .... -bl.1f of an Or grC)up Is It.> If, r,cog. p'~à mayÒ~II=,.:rI~a~~ ~~ to sI.ellk on an Sworn to and Subscribed 20 ð_S' Penions wlshlnoto have written or ~c ma- teM" IACrUd4id In the ~~d str':I~":I~e~:~ t4rlal a ml"lmum of 3 :::urtor to the reo In any CW. publlClttenhearlnQ. t II ,.wrma- ... ·,1 ed to be the Board the, .a ~ lllteltted to *": a. mflí4r . nr~ty enbl" d,aYSp\tr toWë pu e hevI!IG. All..... terlal uSèdln presenta. tlo,ln, Sbbefore the Board Went ecome a perma· n part of the record. ~ Anyøerson who' deeIdes I !L~.!. . ..... ladeclslon of' "=nttl'~' f~~"~I:gtJìèrètöv;Td. 0 ' r...~ may Ree(I to enSl,ll'e ,.t a vertt,atm recorl oftbe proCMd- I nS fa ~. Whk:tI.' reo eoi'd Inclt.U:les the tUt!. mon.Y!.."d .vldenee ~pon Wr..Ch the apøeal IS bás8d. BO~. Or: COUNTY CO fL~ER COUNty. ~~ W. COYLE. CHAm. g~HT E. BROCK, By: , Ann .lenneJolm. ......~ uty Clerk ......... (SEAL) Feb. 6 Personally known by me .~}~f"")'~';":. ~-:urrieì! Bushon~J , :'( ~~:~;: fc'v COMM¡SS,tO~ ~. . D;)234687 E~[M' ~>.";~;'~:': .Jd~Y t4. ...OQ, "'J:(R~~~'" ;-D;Y~'~~it'; !~;:]¡~,'\N~-~ ";' No.9!17!! Date: March 4,2005 To: Mike Bosi, Planner From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Ordinance 2005-09 Enclosed please find one (1) copy of the validated document referenced above, Agenda Item #17B approved by the Board of County Commissioners on Tuesday, February 22, 2005. If you should have any questions, please contact me at 732-2646 ext. 7240. Thank you. Enclosure 178 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 178 (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) I.SANDRA LEA CDES ADMINISTRATION /l!/? ';j;'/?-. ", /1 2. \ 3. /'\ 4. 7 \ I " 5. Sue Filson, Executive Manager Board of County Commissioners (The primary contact is the holder of the original document pending BCC approva1. Normally Ihe primary contact is \he person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff MIKE BOSI Contact Agenda Date Item was A roved b the BCC Type of Document Attached PRIMARY CONTACT INFORMATION Phone Number 2/22/05 D rd. Zfj)S'- ORDINANCE AND PUD DOCUMENT Agenda Item Number Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 2. 3. 4. 5. I: Forms/ County Forms/ BCC Forms/ Original Documenls Routing Slip WWS Original 9.03.04 ) 659-5745 17B ONE Yes (Initial) N/A (Not A licable) ~/'/7 " ¡' .-/ ,./ II·" /, , Il V.l' { ·1 ¡..~. .01"./ 178 ORDINANCE NO. 05 - 9 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 WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA TO AMEND THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM "E" ESTATES AND "E" ESTATES ZONING WITH APPROVED CONDITIONAL USE TO "CFPUD" COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT FOR A DEVELOPMENT TO BE KNOWN AS SEACREST UPPER AND LOWER SCHOOL, FOR EXPANSION OF THE EXISTING SCHOOL FACILITY LOCATED AT 7100 DAVIS BOULEV ARD, IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 39.4± ACRES; AND FOR PROVIDING AN EFFECTIVE DATE. WHEREAS, Margaret Perry, AICP, of WilsonMiller, Inc., and Richard Yovanovich, of Goodlette, Coleman and Johnson, P A, representing Seacrest School, Inc., petitioned the Board of County Commissioners to change the zoning classification of the subject real property as part of Petition PUDZ- 2004-AR-56 1 1. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the subject real property described in Section 1,2 of the Seacrest Upper and Lower School PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein located in Section 8, Township 50 South, Range 26 East, Collier County, Florida, is changed from "E" Estates and "E" Estates zoning with approved conditional use to "CFPUD" Community Facility Planned Unit Development. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super majority vote of the Board of County hJ/6 Commissioners of Collier County, Florida, this J~ (lay of ..' e... r t{ á.. rG -2'005. ATTEST: BOARD OF COUNTY COM I SIONERS DWIGf:IJ: f~A-ß9,CK, CLERK COLLIER COUNTY, FLO 1\ (" ' '-.' , " ..~ '\ J " . + ~ , . . FRE~L~~HA~ BY: PUDZ- 2004-AR-56111MB 1 178 EXHIBIT A SEACREST UPPER AND LOWER SCHOOL A COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT PREPARED FOR: Seacrest School, Inc. 7100 Davis Boulevard Naples, FL 34104 PREPARED BY: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 and Goodlette, Coleman & Johnson, P .A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 DATE FILED: 3/18/04 DATE REVIEWED BY CCPC: 2/3/05 DATE APPROVED BY BCC: 2/::>::>/011 ORDINANCE NUMBER: 2005-9 2/17/2005-133227 Ver: 101- MPERRY CA#43 04017-002-000- PPUD- 28187 11 178 TABLE OF CONTENTS SECTION PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE iii SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1-1 SECTION II PROJECT DEVELOPMENT 2-1 SECTION III SCHOOL/CAMPUS DISTRICT 3-1 SECTION IV OPEN SPACE/RECREATIONAL FACILITIES DISTRICT 4-1 SECTION V PRESERVE DISTRICT 5-1 SECTION VI GENERAL DEVELOPMENT COMMMITMENTS 6-1 EXHIBITS EXHIBIT A SEACREST UPPER AND LOWER SCHOOL PUD MASTER PLAN 211712005- 133227 Ver: 10!- MPERRY CAI#43 04Q17-002-000- PPUD- 28167 178 111 STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Seacrest School, Inc., hereinafter referred to as the developer, to create a Community Facilities Planned Unit Development (PUD) on 39.4± acres of land located in Section 8, Township 50 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Seacrest Upper and Lower School, hereafter "Seacrest," and will include classrooms, school administration areas, and related educational facilities including sports fields and recreation areas. The development of Seacrest will be consistent with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The development will be consistent with the adopted Land Development Code (LDC) and other applicable regulations, unless otherwise provided, for the following reasons: 1. Seacrest is located within the urban residential subdistrict. Within the urban area, certain non-residential uses are permissible. Community facilities, including schools, are one of these non-residential uses. Therefore, the location of a school on this property is in compliance with the GMP. 2. 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. 3. Per policy 6.1.1 of the CCME, within the project, a minimum of 15% of the native vegetation present shall be preserved. Areas that fulfill the required native vegetation standards shall be set aside as preserve areas, shall be identified as separate preserve tracts, and be protected by a permanent conservation easement to prohibit further development. These on-site preserve areas shall be part of and counted toward the open space requirements. 4. This project shall be subject to applicable sections of the LDC at the time of development order approval, except as otherwise provided herein. 5. All final local development orders for this project are subject to the Collier County Adequate Public Facilities regulations in the LDC and the Code of Laws and Ordinances. SHORT TITLE This ordinance shall be known and cited as the "SEACREST UPPER AND LOWER SCHOOL COMMUNITY FACIIL TIES PLANNED UNIT DEVELOPMENT ORDINANCE". 2/1712005- 133227 Ver. 10!- MPERRY CA#43 04017-002~OOO- PPUD- 28167 -~_....,.,-._--""~-,-,- 178 1-1 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Seacrest Community Facilities PUD, and to describe the location and existing zoning of the property proposed to be developed. The Seacrest Community Facilities PUD is located within Collier County. 1.2 LEGAL DESCRIPTION Being a part of Section 8, Township 50 South, Range 26 East, Collier County, Florida more particularly described as follows: The North Half (N ~) of the North Half (N ~) of the Southeast Quarter (SE ~) of the Northwest Quarter (Northwest ~). Less and except the West fifty feet thereof for road right- of-way; Also including: The South Half (S ~) of the South Half (S ~) of the Northeast Quarter (NE ~) of the Northwest Quarter (Northwest ~). Less and except the West fifty feet thereof for road right- of-way; Also including: The West Half (W ~) of the West Half (W ~) of the Northwest Quarter (NW ~) of the Northeast Quarter (Northeast ~). Less and except the North seventy-five feet thereof for road right-of-way; Also including: The East Half (E ~) of the West Half (W ~) of the Northwest Quarter (NW ~) of the Northeast Quarter (Northeast ~), Less and except the North seventy-five feet thereof for road right-of-way; Containing 39.44 acres of land, more or less. 1.3 PROPERTY OWNERSHIP The project owner and developer is Seacrest School, Inc., a Florida Corporation not for profit, whose address is 7100 Davis Boulevard, Naples, FL 34104. 1.4 GENERAL LOCATION AND EXISTING ZONING OF PROPERTY A. The total site area is 39.4± acres and is located on the south side of Davis Boulevard, and on the east side of County Barn Road. This property is located within Section 8, Township 50 South, Range 26 East, Collier County, Florida. 2/17/2005·133227 Ver: 10!·MPERRY CA#43 04017-002-000- PPUD- 28167 _'~'M.._.".··,.___.··'·'_ ~'." ...... --- "....---.'" B. The zoning classification of the subject property prior to the date of this approved PUD Document was "E-Estates." A portion of the property obtained prior conditional use approval from the Collier County Board of County Commissioners for the existing school facility. 2/1712005-133227 Ver: 10!-MPERRY CA#43 04017-002-000- PPUD- 28167 178 1-2 17£ 2-1 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Seacrest, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Seacrest has an area of 39.4± acres and shall consist of school and related uses, recreational/sports facilities, and preserve and open space areas. The Seacrest PUD Master Plan is illustrated graphically on Exhibit "A". A Land Use Summary indicating approximate land use acreages is shown on the PUD Master Plan. The location, size, and configuration of individual tracts shall be determined at the time of site development plan approval, in accordance with Chapter 10, Section 10.02.03 of the Collier County Land Development Code (LDC). 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Seacrest Community Facilities PUD shall be in accordance with the GMP, the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC which are in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to final site development plan, excavation permit and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. All conditions imposed herein are part of the regulations which govern the manner in which the land may be developed. D. The Site Development Plans Division of the LDC (Chapter 10, Article 2) shall apply to the Seacrest Community Facilities PUD, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 10.02.03.A.3. E. Development permitted by the approval of this PUD will be subject to a concurrency review under the provisions of LDC Chapter 6, Adequate Public Facilities, at the earliest or next to occur of either final SOP approval or building permit issuance applicable to this development. 2/17/2005- 133227 Ver: 10!- MPERRY CA#43 04017-002-000- PPUD- 28167 178 2-2 2.4 DEVIATIONS FROM LDC AND CODE OF LAWS AND ORDINANCES A. Deviation from LDC Section 4.06.02.D., Standards for Retention and Detention Areas in Buffer Yards: A deviation is requested to allow for pedestrian pathways, water management systems, drainage structures, fences, walls and signs to be located within landscape buffer/easements per the LDC subject to review and approval by the County staff at time of SDP review. The developer proposes to locate within the buffer areas only those drainage structures needed to intercept offsite flows at the perimeter and route them around the property, or for the outfall from the onsite water management system. Where water management systems share the buffer area, the developer agrees to maintain the minimum percentage of buffer area utilized for landscape as set forth in Section 4.06.02.D.2. The developer's request for this deviation is based on the site constraints presented by the amount of wetlands, and combining functions to minimize the development footprint in order to maintain the greatest amount possible of preservation areas. B. Deviation from LDC Section 5.03.02.E., Fences and Walls: A landscaped berm along with a six-foot high wood fence were previously installed between the Seacrest School and the Falling Waters PUD properties and are currently on site. The existing conditions provide adequate and appropriate buffering between the two properties. C. Deviation from LDC Section 6.06.02, Sidewalks and Bike Lane Requirements: A pedestrian pathway network shall be established throughout the project and will serve to link the upper and lower school facilities and sports/recreation fields. This pedestrian pathway will be six feet wide, and any required breaks in the pathway for vehicular crossing or access shall be identified through the use of pavers, signage, or other traffic calming techniques deemed appropriate to reduce the speed of vehicles and provide safe pedestrian movements throughout the site. The pathway will feature canopy trees or palms with ground level landscape plantings. Bike lanes will not be provided within the project. The developer shall construct one eight-foot wide pedestrian pathway from the County Barn Road east right-of-way line to the western edge of the "School/Campus" District designated "S" on the PUD Master Plan. The developer shall construct a six-foot wide pedestrian pathway on both sides of the internal driveway along the frontage of the "School/Campus" District within the Upper School Campus and designated as "S" on the PUD Master Plan. The developer shall construct one six-foot wide pedestrian pathway from the Davis Boulevard south right-of-way line to the main entrance of the existing administrative building on the Lower School Campus near the northern end of the "School/Campus" District designated as "S" as shown the PUD Master Plan. The width of the pathway from Davis Boulevard to the administrative building may be reduced from six feet to the minimum width required by the Americans with Disabilities Act if site constraints such as existing trees, light poles or setbacks to preserves preclude the installation of a six foot wide pathway. To the extent that sidewalks are required along the Project frontage with Davis Boulevard and County Barn Road at the time of Site Development Plan application, 2f17/2005- 133227 Ver: 10!- MPERRY CA#43 04017·002-000- PPUD· 28167 178 2-3 a payment in lieu of constructing said sidewalks will be made by the developer in the amount of $23,940 for the Davis Boulevard frontage, and $24,300 for the County Barn Road frontage, D. Deviation from/clarification of LDC Section 6.06.01, Street System Requirements: The internal vehicular area is a driveway; therefore, the requirements of this LDC Section do not apply. E. Deviation from Code of Laws and Ordinances, Setbacks to Right-of-Way Line or Easement Line: An exception is requested to allow the control elevation contour of a lake excavation within fifty feet (50'), but no less than twenty feet (20'), of the existing or future County Barn Road right-of-way line, access easement line or drainage easement line. The developer may locate a stormwater management facility near the County Barn Road right-of-way line and adjacent to the County's planned drainage ditch on the east side of County Barn Road. The ditch will create a forty-foot (40') separation between the County Barn Road travel lanes and the Developer's property. Hence, adequate separation will be provided without the need for additional barriers or design analysis, F. Deviation from Code of Laws and Ordinances, Setbacks to Side, Rear, or Abutting Property Lines: An exception is requested to allow the control elevation contour of a lake excavation to be set back no less than twenty feet (20') from a side, rear, or abutting property line. The Developer will install a protective measure such as fencing (minimum four-foot chain link), berms, walls, or other engineered protective measure for the portion of the property line within one hundred feet (100') of the lake. 2.5 LAKE SETBACK AND EXCAVATION A. As depicted on the Seacrest PUD Master Plan, lakes and water management areas have been preliminarily sited, with the ultimate location and configuration to be determined during the site development review stages of project development. B, Lake banks and edge of water may be sculpted for aesthetic purposes and to complement the overall project theme and may use combinations of vertical bulkheads (rock, concrete, wood), vegetation, beach and earthen berms, consistent with the intent of Section 4.06,02.0.5 of the LDC. Pathways, including boardwalks, may be constructed along the lake edges for pedestrian circulation internal to the development. Deviation is requested from Section 4.06.02.D,5.C., items i - iii. In an effort to maintain the security of the school facility, public access to this amenity will not be provided, The developer intends to use this amenity for the enjoyment of the students, faculty and guests, and will provide picnic tables, benches, walkways, and other outdoor facilities for this purpose. A permanent fountain structure may also be provided, C, Wet detention ponds shall have a littoral shelf with an area equal to 7% of the pond's surface area measured at the control elevation and be planted with native aquatic vegetation, pursuant to LDC Section 3.05.10. D. Final lake area determinations shall be in accordance with the South Florida Water Management District stormwater criteria and Section 22-106, Code of Laws and Ordinances of Collier County. As permitted in Section 22-106, 2/1712005-133227 Ver: 10!- MPERRY CA#43 04017-002-000- PPUD- 28167 -. ....·'''.11 ..,-.-.-. '-'."'~ -",.- 17E 2-4 exception to the side setback will be requested, and the developer will meet the requirements as outlined therein. E. Blasting can be utilized in the excavation process provided such excavations meet the setback requirements and other provision of this PUD Document for lakes. Unless otherwise addressed herein, blasting shall be governed by the applicable provisions of the LDC. 2.6 CONSTRUCTION OFFICES Construction offices, staging areas, and other similar uses and structures shall be permitted principal uses throughout the Seacrest Community Facilities PUD. These uses may be either wet or dry facilities, and may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 64E-6, and may use potable water, existing lakes or irrigation wells for irrigation. These uses shall be subject to the requirements of Section 5.04.03 of the LDC. The construction offices temporary use permits shall be valid through the buildout of the project with no extension of the temporary use required. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance including the Seacrest PUD Master Plan as provided in Section 10.02.13 of the LDC. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Seacrest PUD Master Plan upon written request of the developer. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County GMP and the Seacrest Community Facilities PUD Document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 10.02.13.E of the LDC. B. The following shall be deemed minor changes or refinements: 1. Reconfiguration of lakes, ponds, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of driveway, other than a relocation of access points to the PUD itself, where water management facilities, preserve areas, or required easements are not adversely affected or otherwise provided for. 3. Reconfiguration of parcels when there is no encroachment into the preserve area. C. Minor changes and refinements as described above shall be reviewed by appropriate Collier County Staff to ensure that said changes and refinements are otherwise in compliance with all applicable County ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. 2/1712005-133227 Ver: 10!·MPERRY CA#43 04017-002·000- PPUD- 28167 2-5 1 7 8 D. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.8 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Seacrest Community Facilities PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4: 1 2. Ground covered berms 3: 1 3. Rip-rap berms 2:1, except not permitted in Type 0 right-of-way buffers B. The maximum height of all fences or walls is eight feet, as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest existing road. C. Upon submission of a landscape plan, the County Landscape Architect may approve landscape buffers, berms, fences and walls to be constructed along the perimeter of the Seacrest Community Facilities PUD prior to site development plan submittal. D. Fence or wall setbacks: Fences, walls and similar structures shall have a minimum of a five-foot setback from development boundaries where adjacent to a public right-of-way and a zero- foot setback from all other land uses. E. Pedestrian pathways, water management systems, drainage structures, fences, walls, signs and utilities are allowed in landscape buffers/easements per the LDC subject to review and approval by the County staff at time of SOP review. 2.9 CLEARING AND FILL STORAGE Fill storage is generally permitted as a temporary principal use throughout the Seacrest Community Facilities PUD until buildout of the project. Fill material may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the developer shall notify the Community Development and Environmental Services Administrator per Section 4.06.04 of the LDC. The following standards shall apply: 1. Stockpile maximum height: 45 feet 2. Fill storage areas in excess of five feet in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1. 2/17/2005- 133227 Ver: 10!- MPERRY CA#43 04017-002-000- PPUD- 28167 178 2-6 2.10 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Seacrest Community Facilities PUD except in the Preserve District. General permitted uses are those uses which are typically part of the common infrastructure. A General Permitted Uses: 1. Water management facilities and related structures including lakes with bulkheads or other architectural or structural bank treatments. 2. Guardhouses, gatehouses, and access control structures. 3. Architectural features and elements including walls, fences, arbors, gazebos and the like. 4. Temporary construction and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 5. Landscape/hardscape features including, but not limited to landscape buffers, berms, fences, water features and walls subject to the standards set forth in Section 2.8 of this PUD. 6. Fill storage, site filling and grading are subject to the standards set forth in Section 2.9 of this PUD. 7. Temporary educational facilities. 8. Any other uses which are comparable in nature with the foregoing uses and are approved through the process set forth in the LDC in effect at the time of the request for such use. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to General Permitted Uses: 1. Guardhouses, gatehouses, signage, landscape features, and access control structures shall be setback a minimum of ten feet (10') from property lines. 2. Other general permitted uses (except fences) shall be set back a minimum of five feet from property lines. Temporary educational facilities shall be set back a minimum of thirty feet (30') from all property lines. 3. Minimum distance between structures, which are part of an architecturally unified grouping - five feet 4. Minimum distance between unrelated structures - ten feet 5. Maximum height of General Permitted Uses buildings - 35 feet (Note: For the purposes of this PUD, height is defined as the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level 2/17f2005·133227 Ver: 10!- MPERRY CA#43 04017-002-000- PPUD· 28167 178 2-7 between eaves and ridge of gable, hip, and gambrel roofs. This height limitation does not apply to spires, belfries, cupolas, flagpoles, antennas, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.) 6. Minimum floor area - None required. 7. Minimum lot or parcel area - None required. 8, Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Seacrest Community Facilities PUD are to be in accordance with the LDC provision in effect at the time of permit application. 2.11 OPEN SPACE REQUIREMENTS A combination of the lakes, preserve, and open space/ recreational facilities shall fully meet the 30 percent open space requirement for development of the project. 2.12 NATIVE VEGETATION RETENTION REQUIREMENTS Per Policy 6.1,1 of the CCME and Section 3.05.07 of the LDC, a minimum of 15% of the native vegetation present shall be preserved within the project. The total native vegetation existing on the site is approximately 38.4 acres and a minimum of 5.8 acres of native vegetation will be preserved within the existing and proposed preserve areas as indicated on the PUD master plan. Areas that fulfill the native vegetation retention standards shall be set aside as preserved areas and shall be protected by a permanent conservation easement. A management plan shall be submitted to identify actions that must be taken to ensure that the preserved areas will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species, fire management, and maintenance of permitted facilities. 2.13 EXOTIC VEGETATION REMOVAL An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the preserve area, shall be submitted to Environmental Services Department review staff prior to construction plan approval. A schedule for exotic removal within the preserve area shall be submitted with the above-mentioned plan. The maintenance plan shall be implemented on a yearly basis at a minimum to effectively control exotics, and shall describe specific techniques to prevent re-invasion by prohibited exotic vegetation of the site in perpetuity. 2.14 SITE LIGHTING Lighting facilities shall be arranged in a manner which will protect roadways and neighborhood residential properties from direct glare or other interference. 2/17/2005- 133227 Ver: 10!· MPERRY CA#43 04017-002-000- PPUD- 28167 ~------,._.,._.,..~--".", _...._. '."'_'-""',---._~- ---- 178 2-8 2.15 ARCHAEOLOGICAL RESOURCES Pursuant to Section 2.03.07.E of the LDC, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 2.16 TIME LIMITS AND MONITORING REPORT PROVISIONS A. The Seacrest Community Facilities PUD shall be subject to the time limits of Section 10.02.13.D of the LDC. B. An annual monitoring report shall be submitted pursuant to Section 1 0.02.13.F of the LDC. 2.17 APPLICABILITY OF LDC CHAPTER 5, SECTION 5.05.08 The purpose and intent of LDC Chapter 5, Section 5.05.08 is to provide standards and guidelines that apply to the design of commercial buildings and projects. Since Seacrest is not a commercial building or project, Section 5.05.08.B.5 of the LDC is applicable. At the time of SDP review for new construction or for redevelopment of the existing school facility, the developer may submit an "Alternative Architectural Design Standards Plan," which will reference the requested deviations on the plan and a descriptive narrative which specifically identifies the code development standards which will be addressed through the alternative approach. If submitted, the "Alternative Architectural Design Standards Plan" will be administratively reviewed by the Planning Services Director for consistency with the intent of LDC Section 5.05.08. 2/17/2005- 133227 Ver: 10 t- MPERRY CA#4:3 04017-002-000- PPUD- 28167 178 3-1 SECTION III SCHOOL/CAMPUS DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Seacrest Community Facilities PUD designated on the Seacrest PUD Master Plan as "S." 3.2 GENERAL DESCRIPTION Areas designated as "s" - School/Campus on the PUD Master Plan are designed to accommodate the school/campus and related uses. 3.3 PERMITTED USES AND STRUCTURES - "5" DISTRICT No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1. Elementary and secondary schools (Group 8211) 2. Libraries (Group 8231) 3. Administrative offices 4. Gymnasiums 5. Auditoriums B. Accessory Uses: 1. Recreational facilities associated with a school, including but not limited to, stadiums, athletic fields, playgrounds, swimming pools, track and field venues, basketball courts, volleyball courts, and tennis courts 2. Child Day Care Services (Group 8351) 3. Eating places (Group 5812, restricted to cafeterias, no drive-through service) 4. Customary accessory uses or structures incidental to school and campus related uses, including structures relating to the electrical and mechanical operation of the school facility. 5. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 3.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Setback for principal and accessory uses from public road rights-of-way and project boundaries - Thirty feet (30'). 2/17f20Q5· 133227 Ver: 10!- MPERRY CA#43 04017-002-000- PPUD- 28187 178 3-2 Setback for athletic fields other than baseball fields from public road rights- of-way and project boundaries - Thirty feet (30'), including sports field light poles, score boards, grandstand(s), and bleacher(s). Setback for baseball field(s) from public road rights-of-way and project boundaries - Fifteen feet (15') for the outfield portion only; and thirty feet (30') for other portions of the baseball field including sports field light poles, score board(s), grandstand(s), and bleacher(s). Setback for all athletic field(s) concession building(s) from public rights-of- way and project boundaries - Fifty feet (50'). 2. Distance between free-standing principal uses: Thirty feet (30') 3. Distance between principal and accessory structures - Zero feet (0') 4. Distance between accessory structures - Zero feet (0'). 5. Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment (retaining wall which is architecturally consistent with other structures on the property) is incorporated into the design and subject to approval from Collier County Planning Services Department. 6. Setback from the boundary of any preserve shall be twenty-five feet (25') for principal structures and ten feet (10') for accessory structures. Setback to site alterations shall either be a) ten feet (10') from the boundary of any preserve, or b) zero feet (0') to ten feet (10') if a ground covered berm with a 3: 1 side slope at least one foot high above existing grade is placed between the toe of slope of the site alteration and the boundary of any preserve. Setback from existing preserves and alterations adjacent to existing preserves, as identified on the PUD master plan, shall be as shown on the previously approved Site Development Plan for the site. B. Maximum height of structures: 56 feet C. Minimum floor area for principal structures: 1,000 square feet D. Minimum Parking Required: 1. One space per each faculty member 2. One space per each administrative staff 3. One space per five (5) upper school students 4. Twenty-five (25) spaces per each recreational/sports field The above minimum parking requirements shall meet the required parking for all uses proposed on the PUD master plan and within this PUD document. No parking for individual uses not specifically noted above will be required for the project. 2/17/2005- 133227 Ver: 10!- MPERRY CA#43 04017-002-000- PPUD- 28167 178 4-1 SECTION IV OPEN SPACE/RECREATIONAL FACILITIES DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Seacrest Community Facilities PUO designated on the Sea crest PUO Master Plan as "OS/R." 4.2 GENERAL DESCRIPTION Areas designated as "OS/R" - Open Space/Recreational Facilities on the PUO Master Plan are designed to accommodate school related recreational facilities and open space uses. 4.3 PERMITTED USES AND STRUCTURES - "OS/R" DISTRICT No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1. Recreational uses including, but not limited to, tennis courts, racquetball courts, shuffleboard courts, basketball courts, playgrounds, track and field venues, and athletic fields. 2. Open space and usable open space as defined in the LOC, Chapter 1, Section 1,08.02. B. Accessory Uses: 1, Customary accessory uses or structures incidental to school recreational facility related uses and open space. 2. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LOC in effect at the time of the request for such use. 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Setback for principal and accessory uses from public road rights-of-way and project boundaries - Thirty feet (30'). Setback for athletic fields other than baseball fields from public road rights- of-way and project boundaries - Thirty feet (30'), including sports field light poles, score boards, grandstand(s), and bleacher(s). Setback for baseball field(s) from public road rights-of-way and project boundaries - Fifteen feet (15') for the outfield portion only; and thirty feet (30') for other portions of the baseball field including sports field light poles, score board(s), grandstand(s), and bleacher(s). 2/17/2005- 133227 Ver: 10!- MPERRY CA#43 04017-002-000- PPUD- 2B167 ---~ - -. 'H"___"___'"~_'~ ..-.- Setback for all athletic field(s) concession building(s) from public rights-of- way and project boundaries - Fifty feet (50'). 2. Distance between free-standing principal uses: Zero feet (0'). 3. Distance between principal and accessory structures: Zero feet (0') 4. Distance between accessory structures - Zero feet (0'). 5. Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment (retaining wall which is architecturally consistent with other structures on the property) is incorporated into the design and subject to approval from Collier County Planning Services Department. 6. Setback from the boundary of any preserve shall be twenty-five feet (25') for principal structures and ten feet (10') for accessory structures. Setback to site alterations shall either be a) ten feet (10') from the boundary of any preserve, or b) zero feet (0') to ten feet (10') if a ground covered berm with a 3:1 side slope at least one foot high above existing grade is placed between the toe of slope of the site alteration and the boundary of any preserve. Setback from existing preserves and alterations adjacent to existing preserves, as identified on the PUD master plan, shall be as shown on the previously approved Site Development Plan for the site. B. Maximum height of structures: 30 feet C. Minimum floor area for principal structures: none required D. Minimum required parking: Per Section 3.4.0 of this PUD document. 2/17/2005· 133227 Ver: 10 \. MPERRY CA#43 04017-002-000- PPUD- 28167 178 4-2 17B 5-1 SECTION V PRESERVE DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Seacrest Community Facilities PUD designated on the Seacrest PUD Master Plan as "P". 5.2 GENERAL DESCRIPTION Areas designated as "P" - Preserve District on the Seacrest PUD Master Plan are designed to accommodate customary uses in preserve areas. 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 whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Conservation and Preserve. 2. Passive recreational areas, pervious nature trails, boardwalks and recreational shelters, and other similar uses. 3. Water management structures. 4. Mitigation areas and mitigation maintenance activities. 5. Any other preservation and related open space activity or use which is comparable in nature with the foregoing uses and is approved through the process set forth in the Land Development Code at the time of the request for such use. 2/17/2005~ 133227 Ver: 10!· MPERRY CA#4J 04017-002-000- PPUD· 28167 178 6-1 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to outline the general development commitments for Seacrest. 6.2 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 dedicated utility easements, shall be conveyed to Collier County Utilities pursuant to Collier County Ordinance 2001-57, as amended. B. Temporary construction trailers may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 64E-6, and may use potable or irrigation wells. C. Within the project, landscaping (including palm trees, shrubs and ground cover), pedestrian pathways will be allowed within a utility easement, including placement within three feet of a utility line. Canopy trees may be located seven feet from the utility line. Said seven feet being measured from the trunk of the tree to the center of the utility line. Reconstruction of pedestrian pathways, or modification/ reinstallation of plant materials due to the necessary maintenance of utility lines will be the responsibility of the developer, its successors, or assigns. 6.3 TRANSPORTATION A. All traffic control devices and design criterion used shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FOOT), as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. B. Arterial level street lighting shall be provided at project entrance(s). Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy (CO) pertaining to that phase of construction. C. External and internal improvements determined by Collier County Transportation staff to be essential to the safe ingress and egress to the development will not be considered eligible for impact fee credits. All such improvements shall be in place prior to the issuance of the first Certificate of Occupancy (CO) pertaining to that phase of construction. D. Road Impact Fees will be paid in accordance with Collier County Ordinance 2001- 13, as amended, and the Land Development Code (LDC), as amended, unless otherwise approved by the Collier County Board of County Commissioners (CCBCC). 2/17/2005- 133227 Ver: 10!- MPERRY CA#43 04017-002-000- PPUD- 28167 178 6-2 E. Any and all points of ingress and/or egress as shown on any and all plan submittal(s), are conceptual in nature and subject to change as determined by Collier County Transportation staff, Collier County Transportation staff reserves the right to modify, or close any ingress and/or egress location(s) determined to have an adverse affect on the health, safety and welfare of the public, These include, but are not limited to, safety concerns, operational circulation issues, roadway capacity problems, etc, F. Any and all median opening locations will be in accordance with the Collier County Access Management Policy, as amended, and Land Development Code (LDC), as amended. Median access and control will remain under Collier County Transportation staffs authority. Collier County Transportation staff reserves the right to modify or close any median opening(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues, roadway capacity problems, etc. G. Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence of a point of ingress, egress and/or median opening, nor the lack thereof, 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 shall be designed to promote the safe travel of all users including pedestrians, All sidewalk design criteria used shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FOOT) - Design Standards, as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Collier County Transportation staff reserves the right to impose stricter requirements if determined as necessary to protect the health, safety and welfare of the public. I. The developer( s) shall 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) prior to the issuance of the first permanent Certificate of Occupancy (CO), Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When turn lane improvement(s) described below are determined to be necessary, if additional right- of-way and/or compensating right-of-way is required, it shall be provided in conjunction with said improvement(s), as determined by Collier County Transportation staff. The subject development turn lane improvements shall be as follows: . Southbound left turn lane and northbound right turn lane at the project entrance on County Barn Road. All turn lane design criteria used shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FOOT) - Design Standards, as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. The turn lane queue length determinations shall be in 2/17/2005-133227 Ver: 10!-MPERRY CA#43 04017,002,000- PPUD- 28187 -,-. -~-,-- _M'" 178 6-3 accordance with the criteria/calculations within the Highway Capacity Manual - Chapter 17. J. All work within Collier County right-of-way shall meet the requirements of Collier County Ordinance No. 93-64, as amended. K. All internal accesses, drive aisles, sidewalks, etc., not located within County right-of- way, will be privately maintained by the developer, its successors in title, or assignees. L. If a gate is proposed at any and/or all development entrance(s) they shall be designed so as not to cause vehicles to be backed up onto any and all adjacent roadways. . The minimum throat depth from the nearest intersecting roadway edge of pavement shall be no less than 50 feet to the proposed gate(s). . A hammerhead turn around area of sufficient design (or other appropriate design) shall be provided in advance of the proposed gate(s). M. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first certificate of occupancy. 6.4 ENVIRONMENTAL A. The development of this project shall be consistent with the environmental section of the Conservation and Coastal Management Element of the Growth Management Plan and the Land Development Code at the time of final development order approval. B. This PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected species on site. A habitat management plan for those protected species shall be submitted to Environmental Services Department Staff for review and approval prior to final site plan/construction plan approval. C. Areas that fulfill the native vegetation retention standards and criteria of the Growth Management Plan shall be set aside as preserve areas. All preserve areas shall be identified as separate tracts and be protected by a permanent conservation easement to prohibit further development. D. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants in perpetuity shall be the responsibility of the property owner. 2/1712005· 133227 Ver: 10!· MPERRY CA#43 04017-002-000- PPUD- 28167 178 6-4 E. A preserve area management plan shall be provided to environmental staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. F. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final site plan/construction plan approval. G. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the preserve areas, shall be submitted to Environmental Services Department Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic removal within all preservation areas shall be submitted with the above-mentioned plan. H. The developer acknowledges the conflicting use of the land for both littoral zone plantings and lake maintenance access and the developer accepts full responsibility for any damage that may occur to the littoral zone plantings as a result of lake maintenance access activities within the 20-foot wide lake maintenance easement. 6.5 DRAINAGE A. The property owner shall reserve the area depicted on the PUD Master Plan as a future drainage easement ("Reservation Area") for a period of three (3) years following the adoption of the PUD. The actual area to be acquired by the County shall be based on an engineering analysis, to be prepared by Collier County, that justifies the need for the requested width. The property owner shall also dedicate to Collier County a ten foot (10') wide access easement, adjacent to but outside of the limits of the Reservation Area eastern easement line, for the sole purpose of maintaining the drainage easement. The property owner is allowed to encroach into the access easement up to half of the width of any required landscape buffer, provided that any plantings are installed outside of the access easement. The Reservation Area and access easement shall be conveyed to the County within ninety (90) days of the County's written request. The County shall pay the property owner the fair market value of the Reservation Area and access easement as of the date of the County's written request. The County shall submit to the property owner an appraisal setting forth the amount the County believes to be the fair market value of the Reservation Area and access easement at the time of the request for conveyance of the Reservation Area and access easement. The developer shall have forty-five (45) days to accept the County's appraisal or obtain its own appraisal. If the Developer's appraisal exceeds the County's appraisal, the County shall pay the average of the two appraisals. The reservation for the drainage easement and access easement shall expire three (3) years after the date the PUD is adopted. B. The developer shall dedicate at the time of final SDP approval a non-exclusive lake maintenance and access easement to Collier County with no responsibility for maintenance for each wet detention lake to be constructed. 2/17/2005- 133227 Ver: 10!- MPERRY CA#43 04017-002-000- PPUD- 28167 o o o looom (§) 1!iI"@~<ii::;§ ã!J I I I I g>~.¡?~¡; --i g at ~ ;r. ib ~",,~()2._ - 0 .. .., ~ ::E 3õ'~c!!1- -g:J_~~ (þ ij'ò;:: q "I' .. ~ 2. ~ gê,~ .. g " - '" " - .. ~ !" ¡¡¡ ~ g~~fZ:Þ: C) o q '" ~ & 1 B '" >: ~ hâ ~qj e Z = Z G1 ~ ¡;; im ~(5 F: ~~ e ~ ~ 20' TYP£ 'D' BUffER I UPTO SO"IIo OF THE NON-I'lANlIO POIß1ON 01' THE 20' WIDE LANDSCAPE BUFFER MAY ENCROACH INTO I ntE FUTURE ACCESS EASEMENT ; ; I ' / I . ~.ç?- I COUNTY BARN ROAD ~OU~ - 4 HUPT04Q'''''RVAnONAREA.L ,= 0 ~ =± AfU1\JREDAAJNAGE,^,E"EN'r' ¡ DO t (WIDTH TO BE BASED ON I - ENGINEEPJNG ANALYSIS TO I > on~ 1 ¡ BEOONEavCOWERCOUN1V) (Í Qí\I lê) I~ : ~I ~~ (!iJ S;em' ~ .... ~ ~c¡ I ; ì, æJ /~,:; 1 ~ ~~ ~ I ~ ¡:~:0\' ~ ~ G1 , I' " ., l_ " 1 ,»». I 1 I II<>~~ i! II, ,',',',','.""" ~ ,.",..',..... ~ ¡II::::::::::::::::::::::::::: ~I~I-~ , , , . . . ., .,.., LJJ i . , , , , , , non ~ ~ .".,., n ~ ~ .',','.c\!¡'.'.' noon ~ ¡¡ I ' . . , . . . " " ~ ..'.....'..,' nB&~~ ª I . , . , . . .'.\ non ." ~ ,.".,.1 nonl~ ~ \......',.."',.\ non;¡¡ ~ . . ~ . . . . . :::a ð ~ ",.", !lEJn=<!~ ~ ...,.....,'..,. non ~ ~ ~. , , . , , , , DOD ~ ~ ~ I.' . . . , , . DOD 0 ~ ~........... ltJo'~ ; 1 .,'....,'...'," ¡ DODI' ~ , , . , , . , . I 0 I . . . . . , . I ( l1ÆWV\ .. '_'-':~' "Y \ ~ I .. :! I ~ , ' , ' , , , , , , , em ~N ¡¡:o ~~ , 10 : ~þ I I <, , ~ 1:1 OJ o 'C, 'r, m, :¡;;: ;;IJ CJ r ~ o re ØI rn [m ern () e () s:: s:: » ::D -< 1------ I[ V1 ." m:>o 11;0 ~~ 28 ." ;¡¡ :>0 V1 Q ª em ~~ g~ ~~ ~~~,,~ ~~~ ~~ _I Uii!~ i!~ !¡~ n~ ¡~~! U¡II~ ~,,~ g g~~ ~~~ ~¡¡\j s;~~ ~~2 ~ ~ ~ ~ ~ ~ s;~!!J ~!3. q~ ~ ~æ~~ ~~~ ~~I< ~~~ ¡¡~§ ia~mo i'iª~~ ~ ~ ~ ~§~ ~ i! ~ ~~~ 3S1~·~~ hi~ ~~i h~ ih ª~~ n~~~ ~~~~ ~ ~ ~~~ ~~ ~ ~§~ ~~~~~ d¡¡~ 1'; Þ~8 ~ - i! ~~~ ~~~. .. ~~~i ~ ~~~ ~ i~ ~~~ ~;I~~ ;;h ¡;~ ~j~ ~h ~~~U ~ð~' ~ 8~i ~~~~ ~~ª 1: ~ I~i~ ~ i!i~ ~o ~ ~ i ;I~ ~~~ h~ o¡.¡¡ '!!¡¡¡i!! ~c;;¡¡ ~~~ j~ ¡¡Ii'i'i ~ .. W!~s9nMiller · --';L"::;:;'-· .-, ,.~:.-"'" .!<:.;:...:.,. PUD MASTER PLAN PREPARED FOR SEACREST SCHOOL, INC. 'I~"''''-'~'--'''_. 178 STATE OF FLORIDA) COUNTY OF COLLIER) I r DWIGHT E. BROCKr Clerk of Courts in and for the Twentieth Judicial Circuitr Collier CountYr Floridar do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-09 Which was adopted by the Board of County Commissioners on the 22nd day of February 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier CountYr Florida, this 23rd day of February, 2005. ,"; :-~ S 4 I '.. "., v DWIGHT E. BROCK:..........(;/.ý~ Clerk of Courts šÍnq, Cler1ç'¿ Ex-officio to BOdrd ..b-:r-. ".: . ", ". ~OQ3R~;;¡¡¡J/:OJ ,';,'I~~~ ø ~~ .~:' 4: ~~ \,~~':,. By: Heidi R. Röck.}1p~r"~f'" Deputy Clerk _.0," ~.,---.,._'.^"'-""_...".'~._-'-