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Backup Documents 06/10/1997 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERs AGENDA JUNE 10, 1997 9:00 A.M. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR '1'0 SPEAKING. REQUES'J'S TO ADDRESS THE BOAIID ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE: SUBKI'lTED IN WRITING WITH E.XPLAlfATION TO THE COmrrY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEE'l'ING AND WILL BE HEARD UNDER -PUBLIC PETITIONS-. ANY PEF:soN WHO DECIDES 'ro APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETo, AND THEREFoRE MAY NEED TO ENSURE THAT A VERBATIX RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED . ALL REGISTERKD PUBLIC SPEAKERS WILL BE LIHITED '1'0 FIVE (5) MINUTEs UNLESS PERMISSION FOR ADDITIONAL TDŒ IS GRANTRD BY THE CHAIRMAN. ASSISTED LISTmUNG DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEIX1LED FOR 12: 00 NOON TO 1: 00 P. M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF ~lDA AND CONSENT AGENDA Approved and/or Adopted with changes - 5/0 4. APPROVAL OF MINUTES A. May 20, 1997 - Regular Meeting Approved as presented - 5/0 5 . PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming June 8-14, 1997 as Home Ownership Week. To be accepted by Jeff Cecil, Chairman of the Charnber/TDC Affordable Housing Committee. AJopted - 5/0 1 June 10, 1997 ""-...-. -~._"'- Added : B) Resolution opposing a proposed Army Corps of Engineers impact study of Collier County County 1\.t.ty. directed to prepare resolution of opposition for adoption on June 17, 1997 5/0 11. OTHER CONS'rITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARnlGS WILl. BE HF.1\RD IMMEDIATELY FOLLOWING STAFF ITEMS 12 . .iWVERTISED PUBLIC lJEARn«;S - BCC Ä. COKPRE1:IENSIVE PLAN AME.Nl:MENTs B. ZONING AMENI:MENTS 1) Reconsideration of Petition PUD-90-1(2) , the Richland PUD which was heard by the BCC on May 13, 1997, as Agenda Item 12B(2). Ord. 97-27 Adopted 5/0 c. OTHER 1) petition SNR-97-3, Edward F. Beck requesting a street name change for that portion of C.R. 84 which extends east of C.R. 951 to Benfield Avenue to be known as Beck Boulevard in Secs. 35 and 36, T49S, R26E, and Secs. 1 and 2, T50S, R26E. Res. 97-271 Adopted 5/0 13 . BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGs 1) Petition CU-97-11, Mark Lamoureux, P.E., representing Mike Podolski, requesting conditional use "7" of the C-3 Zoning District to allow a residential unit in a Commercial Zoning District for property located at 9765 Tamiami Trail North, further described as Lots 1 through 5 and 47 through 50, Block 64 of Naples Park, Unit 5, in Sec. 28 T48S, R25E. Res. 97-272 Adopted 5/0 ;!) Petition CU-97-8, Terrance L. Kepple of Kepple Engineering representing the Eagles Nest Worship Center, requesting condi tional uses "1", "3" and ·4" for a church, child care facility, and school on property located south of and adjacent to Immokalee Road (C.R. 846) east of 1-75, south of Longshore Lakes PUD, further described as Tracts 91 and 110, Unit 97, Golden Gate Estates, Sec. 29, T48S, R26E, consisting of approximately 4.6 acres. 3 June 10, 1997 --'---_._", , ---- authorize payment and settlement documents. 17. ADJOURN 6 June 10, 1997 ---."";- ..w'.__"M' ...····..-._h__...._..... ~---- 5 A 1 PROCLAMA rIOt;! WHEREAS, the United Statcs is one oftheftrst countries in the world to make hQmeowncrship a reality for a majority of its people. Thanks 10 the effective cooperation between industry and government, the dOQrs of home ownership have been opened to millions offamilies in the last six decades; and WHEREAS, homeownership strengthens families and stabilizes communities, encourages savings and investment and promotes economic and civic responsibilities; and IJ'HEREAS, expansion of homeownership spurs new production and sales of goods and services, thereby strengthening the economy and crea/ingjobs; and IJlHEREAS, the Napies Area Chamber ofCommerce/&onomic Development Council ATTEST: ------.-... 1 QA RESOLUTION 97. 270 RESOLUTION FOR APPOINTMENT AND REAPPOINTMENT THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY WHEREAS. the Board of County Commissioners c~ated the Collier County Industrial Development Authority by County Resolution No. 79-34 on February 27. 1979; and WHEREAS. the Board appointed certain individuals as members of the Authority; and WHEREAS, in accordance with statute, Ihe terms of office of John Agnelli and Richard Botthofhave eX.Jired ; and WHEREAS, the Board desires to reappoint John Agnelli and Richard Botthof; and WHEREAS, Donald Berry has resigned as a member of the Authority; and WHEREAS. the board desires 10 appoint Carol E. Girardin to fill the unexpired term of Donald Berry; and WHEREAS. the individuals named herein have indicated a desire to serve on the Authority; NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER. COUNTY. FLORIDA that: I. John Agnelli is hereby reappointed to serve a term which will expire on February 28. 2000. 2001. 2. Richard Botlhof is hereby reappointed to serve a term which will expire on February 28. 3. Carol E. Girardin is appointed to fill the unexpired term of Donald Berry. which term expires February 26. ) 998. n1Îs Resolution shall constitute a certificate of appointment and shall be tiled with the Clerk of the Circuit Court as provided by law. This Resolution adopted after motion. second and majority vote. DATED: June 10. /997 A ITEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA .. 'I , . , f., ,~' " . ...----; //'-"/, By:~. Timoth ; BY:-",~: r;.o~ ·.~4 . - eputy Clerk: , ./' / , ( Appfo'{edlas~ form and legal suffici':ncy: 1::t:;~;~,ii5¿ County Attorney c: '.orFIQ, """Uf\oIPÞOCSW1nI\»f'T. r::.. -----...--.---.... ..._--->~. 128 1 ORDINANCE 97- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8627N, BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS RICHLAND PUD, FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF IMMOKALEE ROAD (C.R. 846) AND C.R. 951, IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 150 ACRES MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 96-03, AS AMENDED, THE FORMER RICHLAND PUD; AND BY PROVIDING AN EFFECTIVE DATE. KHEREAS, Karen K. Bishop of PMS, Inc., representing Pebblebrookc Lakes Limited Partnership, 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; SECTICN ONE: The Zoning Classification of the herein described real property located in Section 27, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8627N, as described in Ordinance Number 91-102, the Collier County Land Oevelopment Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 96-03, as amended, known as the Richland PUD, adopted on February 13, 1996 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. _··...·.."'''''-"ø''','''·....._..,.,·,.". SECTION THREE: 128 1 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 , 1997. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY '11\. . ~~ ~ V"~ /I U I MARJCfFtíE M. STUD NT ASSISTANT COUNTY ATTORNEY t/ ~UD-90-01(2) ORDINANCEI -------'», ...",__."~..-·...".,_....,,,~,u_~._. ---.-........-------"" ~>..;. -','< ',.J '\I.~<.<':. 8. The subject property includes an Activity Center Designation. which is a preferred location for commercial and mixed-use developments. 9. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. SHORT TITLE This ordinance shall be known and cited as the "RICHLAND PLANNED UNIT DEVELOPMENT ORDINANCE". iii --.-"""",.. "---- ~---..,...... '_"_""W""'~·,",,_..,..,.,~_·,.. "',--......----...... ......- . ., .... ", . 'I"' ':" .. ;',: . ':" .r .' ., :'"." ,. . . I·' l ..' :'.. J.' ; ..,. "; ':... .- J 128 1 SECTION II PROJECT DEVELOPMENT 2-1 PURPOSE The purpose of this Section is to generally describe the plan of development for Richland, and to identify relationships to applicable County ordinances, policies, and procedures. 2-2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. Richland, a private community, will include a broad range of Single-family, Multi-family, Community Commercial, HotellMotel, Stormwater Management, Open Space and Reserve areas. Each single-family, multi-family and commercial parcel will be served with publicly provided utilities, including potable water, sewer and electricity. Amenities proposed to be provided in the project include, but are not limited to, structures designed to provide social and recreational space, lakes, natural and landscaped open spaces. B. The Master Plan is illustrated graphically on Exhibit "A". A land use summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat Approval, in accordance with Article 3, Division 3.2, Section 3.2.9 of the Collier County land Development Code. 2-3 GENERAL COMPLIANCE WITH COUNTY ORD!NANCES A. Regulations for development of Richland shall be in accordance with the contents of this PUD ordinance and applicable sections of the Collier County land Development Code (to the extent they are not inconsistent with this PUD ordinance) and Growth Management Plan 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 Subdivision Plat, Final Site Development Plan, and Excavation Permit. Where this PUD ordinance fails to provide developmental standards, then the provisions of the most similar zoning district or section of the Collier County land Development Code shall apply. 2-1 "'.....".._.,.,,"""---..... .~_..~"., .....' -~..~... ".".._.......'"~.,,"""<,.. "'~--,......__P"."..-..- ~---_""'.<,.,- -----. 2-11 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL 128 1 This PUD is subject to the sunsetting provisions as provided for within Article 2, Division 2.7, Section 2.7.3.4 ofthe Collier County Development Code. 2-12 PUD MONITORING An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 2-13 DEDICATION AND MAINTENANCE OF FACILITIES The Developer shall create appropriate property owner association(s) which will be responsible for maintaining the ro[.ds, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. 2-14 OFF-STREET PARKING AND LOADING All off-street parking and loading facilities shall be designed in accordance with Division 2.3 of the Collier County Land Development Code. 2-15 OPEN SPACE REQUIREMENTS A. A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space, pursuant to Article 2, Division 2.6, Section 2.6.32 of the Collier County Land Development Code. The total project is 150 +/- acres requiring a minimum of 45 acres to be retained as open space throughout the Richland PUD. This requirement shall not apply to individual development parcels. B. Of the project's total 150 +/- acres, the following acreages represent 30% of the total site, all contributing to open space. Lake Reserve: Buffer : 22+/- acres 16+/- acres 7+/- acres TOTAL 45+/- acres of open space 2-4 . .' ...,' I' .-..': . : .. . (' , J ." .'" I' '.~ ...~ ~:. . I~ ~.' t"' -'--"""'''''-- ...... -""_.",._~.,,~....,,,-----, ... ,,""'~-- 128 1 Services Administrator for an approved Subdivision or Site Development Plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the standards of Section 3.2.8.3.6. of the Code. Removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. A site clearing, grading, filling and revegetation plan where applicable shall be submitted to the Community Development and Environmental Services Administrator, or his designee for review and approval prior to any clearing, grading or filling on the property. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the improvement plans incorporate and retain native vegetation. The site specific clearing, grading, and filling plan for a Subdivision or Site Development Plan may be considered for review and approval under the following categories and subject to the following requirements: 1. Removal of exotic vegetation is permitted upon receipt of a vegetation removal permit pursuant to Division 3.9. Additional site alteration may be permitted or required to stabilize and deter reinfestation by exotics subject to the following: a. Provision of a site filling and grading plan for review and approval by the County; b. Provision of a revegetation plan for review and approval by the County; c. Payment of the applicable review fee for site alteration plan review. 3. Site filling exceeding 25 acres to properly utilize fill generated on site, but which does not require the removal of more than 25 acres of protected vegetation, may be approved by the Community Development and Environmental Services Administrator subject to submission of the following: a. A site clearing plan shall be submitted for review and approval that shows the acres to be cleared. A minimum of 25% of the natural functioning vegetation shall be retained. b. The applicant shall submit a detailed description of the fill and site work activity including a plan indicating fill placement locations and depths, grading plan and water management improvements. 2-6 ...........-..-0;;.""'..,......-..-... ',.,-...,--- -.'.'. '."". "''''''''''~''' ,~~..,."... ~""... ---'''..-,'......'''''.."..,,,.''',<.. ~''''.'...'.~"&''''-,,-- "'~... ..., .. _.' II1II. C. Unless oth~rwise indicated, required yards, heights, and floor area stand~1 ds apply to principal structures. 128 1 D. Development standards for building relationships set forth in Table 1 shall be established during site development plan approval as set forth in Article 3, Division 3.3 of the Collier County Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. E. In the case of residential structures with a common architectural theme, required property development regulations may be waived or reduced as provided by the provisions in Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to Section 2.16 of this PUD. F. Off-street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development. A green space area of not less that ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road. G. Single-family zero lot line dwellings units are Identified separately from single-family detached dwelling units with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table 1. Zero lot line dwellings shall be defined as any type of detached single·family structure employing a zero or reduced side yard as set forth herein, and which conform to requirerr.ents of Collier County Land Development Code Article 2, Division 2.6, Subsection 26.27.4.4.1. through 3. H. No housing structure containing three (3) or more dwelling units may be located between two detached, single family structures which are less than 300 feet apart if they are a part of the same platted block. Approval to the location of multiple family structures relative to existing single family detached structures shall rest with the Development Services Director and shall be determined at the time of Site Development Plan pre-application meetings. I. No nursing, rest homes and adult congregate living facility shall be located within three hundred (300) feet of any single family detached or attached dwelling units. Generally, multiple family dwelling structures with dwelling unit:; above dwelling units shall act as a transition area between nursing, rest homes, adult congregate living facilities and single family detached and attached dwelling units. 3-3 .. --,j111" "''1 .._'" ~"n"M"'''''-''- TABLE 1 12B 1 DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS SINGLE FAMILY SINGLE ZERO SINGLE FAMILY MUL TI- F AMlL Y LOT ATTACHED AND FAMILY DETACHED LINE DUPLEX TOWNHOUSE DWELLINGS Cat egory I 2 3 4 5 Minimum Lot Area 5,500 SF 5,000 SF 3,500 SF 3,000 SF 1 AC Minimum Lot 55 50 35 30 150 Widtb *5 Frollt Yard 20 ·3 20 *3 20 *3 20 *3 25 Frollt Yard for Side 10 10 10 10 ]5 Entry Garage Sidc Yard 5 *6 o or 7.5 o or .5 BH 0.5 BH Rear Yard Principal 20 ]0 20 20 BH Rcar Yard 10 5 :0 10 IS AccelSory Rear Yard *1 10 5 10 10 .5BH Maximum Building 35 35 35 35 35 Height *2 Dbtlace Bctween 15 ]0 o or 15 .5 SBH .5 SBH Principal Structures Floor Arca MiD. 1200 SF 1200 SF 1200 SF 1200 SF 1000 SF (S.F.) J!!:I: BuIlding HeIght l1li1: S<.m 01 llullding Heigh'): Com~nod /leigh' of two oeIIKent tNIldIngo lot "'" ><otpOM. of ~ Nlboc;k ~ All dln"~;a .....In MI ~. o~A.. no~d. ., -1t.It.w,W'dti for principal and acceuory 1hM:'b..w'9a on IO'b whktI abut 1'9MI'Ye.... may be fl. Front ,.,.da INn be ..,.....--d .. ronowa: A. " !he pltc" .. - by . public r1ght...I-wey. .._ .. "'_....... .... odjount rlght..>1-r ..... II. " "'" Nn.! .. .....0<1 by . pn.... toeOi, NlboIc;k .. _ from ",. _ of ctIfb Of...wd Of''' of po_ (It _ r:wtIecf). ":2 . ....dh. hM9ht ll\aII b. the ~"' di.~ ........I'd frOM h h. habi.... ""..he>d ~ ef9vIillon to the upp.nnoer ttnIefwd c.Mnt ........... of the Iwvn... .J - SInvIe_11y -fn90 wtlk:h p"ovtde lot 2 I*I</ng 0__0 wI""n on __ _ _ ptovtde I... _, portdn 0,,* _ '" """"" __..., _ ... Ir'oftt ) erd nÞqutt.nent to .. for .. v.v.. Itnd 'I' to- Ihe ,.fNlnfne .--..cV.I. ..... E.Kh tollff of. do.rpfe.. unit requrn. lot ana a.'focaaon of 3...100 SF rOt. totll minfmLWII tot..... of 7.000 SF: ",000........... tot....rIoc.non,. ~ unit for lingt. ....lIy "'1<1-.<1 and -.._ _in;.....ta ond '._ _ fooo. pet _nlng unll let omgto!MIIly.__ _ _ ~__ ·S . Mini...... lot wtdlh moy be roduc:od by 20% lot c__ 1010 IfOvtded ",¡_... 10'.... nHUInmonllo ... mlllrrlli....s. .. . ZIfo """er) Of' · minim... 01 n.... fooot 151 on "''''"' olde 0""" .... -. .... ..." ....1 (er) 'fWd oplon 10 "'"zed, ... oppoolo _ 01... o-..c",", _ _ . .... ""'t (fer).,...s. Zoto foool Ier).,...so "'.., be _ on be.. _ of. .-..c...... pnmdod ....",. -''''''' loot (ter).,...s 10__ 3-4 - . ' . . ¡.. . , I· " '. . . . . '. . . ; """ '. ': '. <. '" ~ '.< . ' ". . . . .:. ,. .: ~ . . '. ", SECTION IV 128 1 COMMUNITY COMMERCIAL DISTRICT 4-1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Richland designated on the Master Plan (Exhibit "A") as "C" Community Commercial. 4-2 MAXIMUM SQUARE FOOTAGE A maximum of 150,000 square feet (gross floor area) of Community Commercial uses may be constructed on lands designated "C". 4-3 GENERAL DESCRIPTION A. Areas designated as "C" on the Master Plan are designed to accommodate a full range of commercial uses, hoteVmotel, essential services, and customary accessory uses. B. The approximate acreage of the "C" district is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. Community Commercial tracts are designed to accommodate intemal roadways, open spaces, lakes, water management facilities, and other similar uses. 4-4 PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1} Agricultural Services (Group 0742, except no outside kenneling) 2) Amusement and Recreation Services, Indoor only (Groups 7911-7941,7991,7993,7997,7999) 3) Apparel and Accessory Stores (Groups 5611,5621,5631,5641, 5651, 5661, 5699) 4) Automotive Dealers and Gasoline Service Stations (Groups 5511, 5521,5531,5341,5551) 4-1 "".""""-~.~-","""..-,."""""",,,,, .',,:.~' ':)~ /~.~:¡t'~;f':·~ :.~ ,>:;.'.:.; ;,;;',~ .··'·i" ';, .', .... '.. .', 128 1 5) Automotive Repair, Services and Parking (Group 7542) 6) Building Materials, Hardware, Garden Supply (Groups 5231, 5251. 5261 ) 7) Business Services (Groups 7311,7323,7334,7335,7336.7338, 7352,7359. 7371-7379, 7384. 7389) 8) Communications (Groups 4832. 4833) 9) Depository Institutions (Groups 6011-6099) 10) Eating and Drinking Places (Groups 5812,5813) 11) Engineering, Accounting and Management (8711-8721,8741,8742. 8748) 12) Food Stores (Groups 5411.5421,5441,5451,5461.5499) 13) General Merchandise Stores (Groups 5311, 5331, 5399) 14) Health Services (Groups 8011-8049) 15) Home Furniture, Furnishings, and Equipment Stores (Groups 5712. 5713.5714,5719,5722,5731,5734,5735,5736) 16) Hotels and Motels (Group 7011) 17) Insurance Agents, Brokers and Service ( Group 6411) 18) Membership Organizations (Groups 8641,8661) 19) Miscellaneous Repair Services (Groups 7622, 7623, 7629. 7631. 7641) (Group 7699 with approval of Planning Services Director who shall be guided by the objective of allowing uses that are compatible with existing development.) 20) Miscellaneous Retail (Groups 5912, 5921, 5932, 5941-5949. 5984, 5992, 5993, 5999) 21) Motion Pictures (Groups 7832-7833) 22) Museum, Art Galleries (Group 8412) 23) Non-Depository Credit Institutions (Groups 6141,6159.6162.6163) 24) Personal Services (Groups 7211-7212,7215,7219,7221,7231, 7241, 7251, 7291) 25) Real Estate (Groups 6531,6541,6552) 26) Social Services (Group 8351) 27) United States Postal Service (Group 4311) 28) Any other use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the district. 4-5 ACCESSORY USES AND STRUCTURES A. Uses and Structures that are accessory and incidental to uses permitted. B. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. 4-2 -'-'-~''''''--'.- 4-6 Development Standards 128 1 A. Minimum lot area: Ten thousand (10,000') square feet B. Minimum lot width: One hundred (100') feet C. Minimum yard requirements: 1) Front yard: twenty-five (25') feet 2) Side yard: zero or ten (0' or 10') feet 3) Rear yard: twenty (20') feet D. Distance between principal structures: One half the s:Jm of walls opposite one another but not less than ten (10') feet. E. Minimum floor area of principal structure: seven hundred and fifty square feet (750') per building on the ground floor F. Landscaping and Off-Street Parking shall be in accordance with 1he Colier County Land Development Code. G. Maximum height: fifty feet (50') H. General application for Setbacks: Front yard setbacks shall comply with the following: 1) If the parcel is served by a public or private right-of-way, setbadt is measured from the adjacent right-of-way line. 2) If the parcel is served by a non-platted private drive, setback is measured from the back of curb or edge of pavement . 3) If the parcel is served by a platted private drive, setback is measured from the road easement or property line. I. Maximum density of HotellMotellodging facilities' 1) The net platted density of hotel rooms per acre may not exceed twenty-six (26) units per acre. 4-3 !!iíIL-_._ _._--~--- --,"-- ~-- -...--,.-".,.,...,-.-..--. , ',,' ','. ',<I ; :': :';r',' ' " ,,'" ", " ' , . . '. -. t. . . .' '. J , .' . . . -. -' <, . SECTION V RESERVE DISTRICT 128 1 5-1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Richland designated on the Master plan (Exhibit wA"). as Reserve. 5-2 GENERAL DESCRIPTION Areas designated as Reserve on the PUD Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Reserve District is to retain viable naturally functioning wetland systems, to allow for the restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Richland residents. 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) Passive recreational areas, boardwalks, and recreational shelters. 2) Nature trails, excluding asphalt paved surfaces 3) Water management facilities, structures and lake bulkheads or other architectural treatments 4) Mitigation areas 5) Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the Reserve District 5-1 - -. '.~ ";.'~.: . .:,:,',-,' '.',.':'. .' '." '..... ., 5..4 DEVELOPMENT STANDARDS 128 1 A. All structures shall setback a minimum of ten (10') feet from Reserve District boundaries and roads, except for pathways, boardwalks and water management structures, which shall have no required setback. B. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - twenty five (25') feet. D. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - five (5') feet. E. Minimum distance between all other principal structures.. ten (10') feet. F. Minimum distance between all other accessory structures.. five (5') feet. G. Minimum floor area - None required. H. Minimum lot or parcel area - None required. 5..5 RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Cod~, Section 3.2.8.4.7.3 for preservation lands included in the Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies. The Richland Commons Association shall be responsible for control and maintenance of lands within the Reserve District. 5-2 ,.,._-~-",-----.._._,,~ .-........."........,...."".." SECTION Vi 128 1 GENERAL DEVELOPMENT COMMITMENTS 6~1 PURPOSE The purpose of this section is to set forth the standards for development of the project. 6-2 GENERAL All facilities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except when specifically noted or otherwise set forth in this document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. 6-3 PUD MASTER PLAN A. The Master Plan (Exhibit "Aft), is an illustrative preliminary development plan. The design elements and layout illustrated on the Master Plan shall be understood to be flexible, so that the final design may satisfy the Developer's criteria and comply with all applicable requirements of this ordinance. B. The Planning Services Director shall be authorized to approve minor changes and refinements to the Richland Master Plan upon written request of the Developer. C. 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 Richland PUD document. 2) The minor change or refinement shall not constitute a substantial change pursuant to Article 2, Division 2.7, Subsection 2.7.3.5.6 of the Collier County Land Deveiopment Code. 6-1 r__.._ . :' }: . _', ¡:., '.: í.. '-.;/. :' , ~,'" .,_. ....; . , _ : ' ,'.:' : :', '. "~ ~' /: ~ ~~ :: . : ~ '. . ~ ~ ,~~ : I . '. 128 1 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 Reserve areas within or external to the PUD. 4) All necessary easements, dedications or other instruments shall be granted to ensure the continuance operation and maintenance of all service utilities. 5) Agreements, provisions or covenants which govern the use, maintenance and continued protection of the PUD and common areas will be provided. 6-4 DEVELOPMENT COMMITMENTS A TRANSPORTATION 1) When deemed warranted by the County, the Developer shall provide fifty (50') feet of additional road right-of-way along the south side of Immokalee Road. Road Impact Fee credits will be allowed for this right-of-way to the maximum extent provided in the Road Impact Fee Ordinance and in accordance with the approved conversion formula. 2) When deemed warranted by the County, the Developer shall provide left and right turn lanes at all project accesses on both Immokalee Road and CR-951. If median openings are permitted upon the four laning of either road, the Developer shall be responsible for the cost of all intersection modifications needed to serve project accesses. 3) Developer shall provide a fair share contribution toward the capital cost of traffic signals at any project access when deemed warranted by the County. The signals will be owned, operated and maintained by Collier County. 4) When deemed warranted by the County, the Developer shall provide arterial level street lighting at all project accesses. 5) The road impa:::t fee shall be as provided in the schedule contained in Division 4.1 of the Collier County Land Development Code, or as may be amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. 6) Access improvements shall not be subject to impact fee credits and, excluding traffic signals, shall be in place before any certificates of occupancy are issued. 8-2 "''''''''·'''·'''~'_~'M'_.~.''''''_,> , ~------....,' ----."" , - . . , . " ~ J :. ~ ' ." .. -~',", ..' ".', . ..' .:, .." . ,.: ,', .,.' .....' ". ' " . . .. ...' "",." I.' , . J. .. ..... -....:.. .., 128 1 7) All traffic control devices used, excluding street name signs, shall conform with the Manual on Uniform Traffic Control Devices as required in Chapter 316.0747, Florida Statutes. B WATER MANAGEMENT 1) Excavation permits will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site. 2) Developer shall be responsible for the installation of properly sized culverts at proposed entrance road locations placed on the relocated swale centerline, at such time as driveways are installed. 3) Detailed paving. grading and site drainage plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. 4) In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E4 and 40E-40, this project shan be designed for a storm event of 3-day duration and 25-year frequency. 5) Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. C UTILITIES 1) Water Distribution, sewage coliection 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. 2) All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the Countýs established rates. Should the County not be in a position to provide water and/or sewer rervice to the project. the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. 6-3 ->,..',...,....,,~''''''~.....".--.- "- - - 128 1 3) It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformance with the requirements of Collier County Ordinance No. 88-76, as amended. 4) If an interim on-site water supply, treatment and transmission facility is utilized to serve the project, it must be properly sized to supply average peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control District servicing the project area. 5) Public Service Commission Territories: Prior to approval of construction documents by the County, the Developer must present verification pursuant to Chapter 367. Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project until the County can provide these services through its water and sewer facilities. D ENVIRONMENTAL 1) Petitioner shall be subject to Division 3.9 of the Collier County land Development Code, requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Community Development and Environmental Services Administrator for review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots and other facilities have been oriented to accommodate this goal. 6-4 , 1 .', ~ . . ,:,: ','""',,,',:,,::, '.~:,: .: ,~.<~' ";" . ~"'~,: i..,::"" : .':':,:,',~.,; :','.; ." ,:',.. " . ~. . ..' . :. ,~ . I..' . I~ "... . ~ .' . ~ , ,0. . ~ , . . , '. ' . / . .. , ~ ' ..' . , .' -", 128 2) Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Community Development and Environmental Services Administrator for review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. 3) All exotic plants, as defined in the Land Development Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent re-invasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Community Development and Environmental Services Administrator 4) If during the course of site clearing, excavation or other constructional activities, an archaeological or historical site, artifact or other indicator is discovered, all development at that location shall be immediately stopped and the Community Development and Environmental Services Administrator shall be notified. Development will be suspended for a sufficient length of time to enable the Community Development and Environmental Services Administrator or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Community Development and Environmental Services Administrator will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities, 5) Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 6) In accordance to Florida Game and Fresh Water Fish Commission (FGFWFC) and U.S. Fish and Wildlife Service (USFWS) guidelines or authorization, should foraging habitat within a red-cockaded range become jurisdictional to these agencies during the approval process, the developer will 6-5 --->--"""",,'"'-<;''''''' ·:··::·:/'::~~··'::;<·:<··:~'~·:~':~:~··">··:;'<~··i·::<',:: ~.<~:.:.,~.' '.~',~., :;~:': ..... ::', comply with these regulations and guidelines as set forth for 128 1 development and management of these habitats (Collier County Comprehensive Plan, Policy 7.3.4). E SUBSTITUTIONS TO COUNTY SUBDIVISION REGULATIONS 1) Section 3.2.8.3.19: Street name signs shall be approved by the County Engineer but need not meet U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging requirements shall be subject to the County Engineer's approval, but need not meet standard county requirements. 2) Section 3.2.8.4.16.5: Street rights-ot-way and cross-sections tor the roads shall be as designated by developer at time of final construction plans. 3) Section 3.2.8.4.16.6: The 1,000 feet maximum dead-end street length requirement shall be waived. 4) Section 3.2.8.4.16.8: Back of curb radii may be reduced to thirty (30') feet at local intersections. 5) Section 3.2.8.4.16.10: The requirement for one hundred (100') feet tangent sections between reverse curves of streets shall be waived. 6) Section 3.2.8.4.21: The requirement for blank utility casings shall be subject to County engineering approval, but need not meet standard County requirements. F MISCELLANEOUS 1) Access to the project shall be restricted to those access points shown on Exhibit "A". 6-6 -> ì .... .;':'~. ..',' ..'.,. ,", ;.::,', '.: . :..'..... . . _ . ','. ,'. "". ' 128 I ~ fIOAD ÆSO:fomAL C<mnIrclll ÆSDEMW.. ~ ~ m ÆSÐEHJ1AI.. OAK N:XE ...x.LE SCHOa. ..... .... ... ft... ~....MII'I,I'.......~... RICH LAND P.U.D. CONCEPTUAL MASTER PLAN EXHIBIT · A· _",,_... _'"_""><>~",,,,,~,,,,,··..·...,o..",."''''_'''-''''''''''_~_ ,------ . . ,':::',:: ,: ~.:>, :':;",',' ,.,' , ',' 'Y:,'. :,' ", ' .' , " ' , ,', J OF PAGEs - ~ (inclUåinq this cover) 1 . : .. -. :., . . ; . ';". :;. . ~, ~ .. . ;.. : . .... 111111111111111111111111111111111111111111111111111111111111111 m: IIJI. .J1IDTn! 1I'I~1!Iu... ~r. IrU'ta DUI.r .. J'1X JK).: . ~Sl 263-4a64 ..:YJ,~"57~ f-r"4ò- lð_/ 1.>- ¿ '-!t~~.,L/ t/!/-ÌJ . . 1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIilllllllll1II111111 . .... .- . - ...-.... -r naH: ELLII BOFnWI - !WmTEs & RECORDS LOQnOll: CoUier County epUrthouse ... FAX !f0: (813) 774-8408 PHONE 'NO: (813) 774-8406 -r . ··t ~ Ø71 Ø5-2B 14:17 00002'16 a72 El5-2B 15:06 øøo 00' 56 B73 El5-2n 15:Ø8 ~Øl'24 9436299Ø 92634864 ., 92634864 ()( - ~~ 260Ca1~ ~13 0< "r',...,,........ ...r-w-~ A fDa.~. :J~l~: ~O/9.7-"" '1'ime sont: 3:ð:t Y? 7'1. .. . -''''_.'''"''-'''''~''-_. _____,.o__..~~"_..__,,...,______..._~_'",._.., .....::.;. ;'. ", ,......" >.:::- ::.:;. '~..:'.. .: /:.\'.:""." . :', ,..' 128 1 If May 20, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider petition PUD-90-1(2) , Richland PUD Dear Judi: Please advertise the above referenced notice one time on Sunday, May 25, 1997, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, ~..z¿-':;....-' Ellie Hoffman, Deputy Clerk ~lrchase Order No. 700012 128 1 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JUNE 10, 1997 in the Boaràroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of CC1unty Commissioners will consider the enactment of a County Ordihance. The meeting will Commence at 9:00 A.M. The title of the propc·sed Ordinance is as follows: þ~ ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, EY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8627N, BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS RICHLAND PUD, FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF IMMOKALEE ROAD (C.R. 846) AND C.R. 951, IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 150 ACRES MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 96-03, AS AMENDED, THE FORMER RICHLAND PUD; AND BY PROVIDING AN EFFECTIVE DATE. petition No. PUD-90-1-(2), Karen Bishop of PMS, Inc., of Naples, representing pebblebrooke Lakes Limited Partnership requesting an amendment to the Richland PUD. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. 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 COill~TY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/Ellie Hoffman, Deputy Clerk (SEAL) '-~--,"..,.~",.~",,_......,~.,"."'''--_.. ;':'c,:;,.';,:""C ':.~,;,~ ; <',V';.: ,j.> ><~ ,: ',",;: .' ..' . . :.. 128 1 May 20, 1977 Ms. Karen K. Bishop Project Management Services, Inc., of Naples 2335 Tarniarni Trail North, Suite 303B Naples, FL 34103 ~ Re: Public Hearing to Consider Petition PUD-90-1(2) Dear petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 10, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 25, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure ~ '.' '. ~ I ..: ' . .. . . '. ". ". ", '. -' " ,', > ~ . :..,'\. ,,'.. .:'. ',"" 128 1 May 20, 1977 Pebblebrook Lakes Limited Partnership 255 E. Drive, Suite "D" Melbourne, FL 32904 Re: Public Hearing to Consider Petition PUD-90-1(2) Dear petitioner: Please be advised that the above referenced petition will be considered by the Board of Count.y Commissioners on Tuesday, June 10, 1997, as indicated on the enclosed notice. The legal notice pertaining t.o this petition will be published in the Naples Daily News on Sunday, May 25, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure --_....._,._....~- . -' . . '. . :; ~, .' .', - . " ' , . " ' . ",'. , , ',', :', '; , " ,,', "", ", " "'"":,, ,:', ," .. -',', , -.---...--..'''-- . Napl.s Deily News Napl.s, FL 33940 Affidavit of Publication BOIIRO OF COUNTY COI1"155 lONERS FINANCE DEPT. - TOBI GRAMLING PO BOX 413016 NAPL.E5 FL 3/.101-3016 REFERENCE: 001230 00012 571,92431 NOTICE OF INTENT TO Stat. of Florida County of Collier Before the I.ndersigned IIIlthority, perlOMlly IIppNred B. u.b, who on oeth aays thet the ..rves as the A..htent CQrporat. 5Kretary of the ICIplu Deily Newt, a daily newlpllp9r published at Nllpln, in Collier County, Florida: thet the att~ copy of adverthing vu published in Mid newlpllper on dates l1lted. Affiant further aays thllt the said Nllpln Daily Newt 11 a MVIpIIper published at ICIpla, in said Co lli er County, Florida, and thet the Mid nc-vspeper hes heretofoNl been \:Ontinuously )Ü)l hhecl in Hid Collier tou.1ty, Florida, each day and has been entered .s second cla.. _il .tter at the post office in ~l.., in said Collier County, Florida, for a period of 1 )1MI' next preceding thot first publication of the attached copy of advertlse.ent; and affiant further pY. that she h.. neither paid nor pl'Ollh.ed any person, fil'll or coporation any dist:'X6lt, rebete, ~i..ion Of" rdl.W1d for thot purpose of le<uring this edYertl...-nt for )Ü)lic:etion In thot said ~r. PUBLISHED ON: as/ZS AD SPACE: FILED OK: 6.500 IIKM as /26/97 Signature of Affient /~;' . / J ' \ I Sworn to ar:d Subscribed before _ thh,"~ day of PerSONllly known IT¡ .. .J 128 1 PUBLIC NOTICE TO CONS.œR œotHAHœ NotIce Is hereby given that on TUESD~J JIJfE 10, "'l\ In lie Bocrd- ~ IV ~ M,' cAn BuIdIng, CGIIIf CAIrit 60;;...,., ~ 33JJ 6:iIt TamIamI TnII. ~ .. ..... tit CDwIfy CIimmIIIIoñn .. Qfto ... .. ncImerIt tit 0 CoIØy 0nIn0ntt. TIle !\'ICdnD ... co ..._a at t.OO A.M. TIle .. tit 01 lit PI'1IPOIeCI 0rdIraa Is .. fDIøws: ' , " . All OROINANŒ AJÆHDING ORDf. tw«:E M.IMIER f1.102. 'T}£ CXUER I COUNTY LAND DEVELOPMENT , , caœ. wtICH INCl.tŒS 'T}£ COM- PREtENsIvE ZOtING RStUTIONS' FOR 'T}£ UIINCCRPCIU.'ÆD'" AREA I CF CXUER ~~ AMÐÐING TftE" . ATLAS IAN' ....~ IWM., BY CHAHGIfG 'T}£ ~ Q.A$IA:A. TIOfC Of T1£ HEREIN DESaIIED RVL fttOrt:K J'f FROII' "PW' TO "PUO. PlAJOlED UNIT óeVa.0p. MENT J.NOWN ·"AS IItIC)UH) ~ FOR· I'ItOPERTY -I..OCATED. AT nE SQI.J1'HW6T catNF.!t. CF'; ~, LEE itCH) ItR. 141!¡ Nfl) C.R.=" SECTION ,J1".~ .' RAMGe a CQI. COlI..ER R.~ diIimtG CF UI Aè:Rä ~~ÓF~ fOR TI£, HoG. AS -.w3ŒD. THE ~, RDtJ.IicD ftO: AW1 flY: FROYI:IING All EffB::1'M ØA TE. : ',.¡." . ' ~ 'lib .... PU).4IO. J.Øa. tcreII'.,.fII PM$. IIIc., tit HGI*s. '4III1IWI6. PIÞbfI. Inaie IÂA UnIDIiI I'Iñ.. ~,..,... "Cll0nw.4~»..RttIIIIId , . A CIiI('f at lit P/"GIICIIId CtdInIIat fa . lit ... .. CIrt till .. Board _II CI'IGIo aHI Jar IIIIPdan. AI ....... par1Ia I en ....,» afI¡Iftd and be Mtrd. Arrt ....... ...' dIddIs till .-.aI a dIdIIan fill lit IIocnt .. .. a nørd tit =--=..... ~ ...... ond IIIØy /'iIItCI to en.n that a .,.... balm. rtc:n tit lit ~ madI.. .,.,. nard Inc:WIi lit , cnI erIdetà r..-wNål" == Ie " ' ØOMDOF COUNTY COM !ØERS " COlUR~ "" TIMOTHY L CHARAWI DWIGHT E.IIRQiO(, " By: /SI Be HGC'Irncin, DeiIIh CIrt ~ No.1Onm . .~...~.~ JudItI1 A. fIInigIn . '- f.~~~ ~~ MY cor.MSSlOtt , CCS08787 EXI'IRES ; , . ¡ f IÞI\IIIIY 19. 2000 "~;." .}f.lj ~ 1'IfII: '!lOr ,NllII$I.IWCI, we. 'r-.tr...:~ 128 1 ORDINANCE 97-27 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8627N, BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS RICHLAND PUD, FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF IMMOKALEE ROAD (C.R. 846) AND C.R. 951, IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 150 ACRES MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 96-03, AS AMENDED, THE FORMER RICHLAND PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen K. Bishop of PMS, Inc., representing Pebblebrooke Lakes Limited Partnership, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 27, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8627N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 96-03, as amended, known as the Richland P~D, adopted on February 13, 1996 ty the Board of County Commissioners of Collier County, is hereby repealed in its entirety. ~-"''''-'''''-'"._'~'''''''- 128 1 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 10th day of June , 1997. ATTEST)") h.; ,;/ DW~'{;HT E. BRO~l<¿ CLERK .-- ~-<f BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . ~ Åj:7~~}A~4.e " .~. - 1.-.. ". ,.' , APPRtJ'If/J A$-,tpð FORN AND LEGAL SUFFICIENCY BY: ~~1 II }h f:t-~-td MARJOP.E M. STUD NT ASSISTANT COUNTY ATTORNEY tl PUD-9t-Ol(2) ORDINANCEI :' ; :.,', ;.: ~:~::.: ':, , ::-:>:~: :,:. 'i.' :":';" ~ ". ,;: :,v-',' .',::.'. -,':', 12B 1 PLANNED UNIT DEVELOPMENT DOCUMENT FOR RICH LAND A PLANNED RESIDENTIAL COMMUNITY Prepared by: PMS, Inc. of Naples 2335 Tamiami Trail N. #3038 Naples, Florida 34103 Date Reviewed by CCPC: Date Approved by BCC: 02/13/96 Ordinance Number: 96-03 Revised: 06/10/97 Ordinance Number: 9 7 - 27 EXHIBIT "A" ------.'.."""4'.-,. "--.'---." ... -~..""...."",.....,,,.,,....." lliDE~ 128 1 . STATEMENT OF COMPLIANCE & SHORT TITLE SECTION I SECTION II SECTION III SECTION IV SECTION VI SECTION VII SECTION VIII EXHIBIT A EXHIBIT B EXHIBIT C TABLE 1 TABLE 2 Property Ownership & Description Statement of Compliance Project Development Residential Development Area Mufti-Family Mid-Rise Residential Area Retail Development Area I Community Commercial Reserve Areas General Development Commitments LIST OF EXHIBITS & TABLES Vicinity Map PUD Master Plan Activity Center land Use Development Standards Estimated Absorption Schedule ~:,E1~ MAY 13 1997 Pr. 17 "I' ~... -"_MÐ ---_.~ : :' '. ~ ?/: <,: ê :;,:~::' a: >,::") '" : ~:;~:. ,:: '; ~ <[!: {.~: ~:,;. :,:<:: .,,;; :;; '~:'):';., . , ..' '" i <II.. . I - ... -, J 'I 4 '''I .,. ..,}.¡ , ~ " .. 'I ' " "', . _. 1 .. .. ,.,.. I ~." ,"',' -.' ~." ;:...: ", >. ".. 'i, I." ..~ .' .." '>, ..... " ~~ TABLE OF CONTENTS 128 1 PAGE LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE AND SHORT TITLE Ii SECTION I Legal Description, Property Ownership and General Description 1-1 SECTION \I Project Development 2-1 SECTION 11\ Residential District 3-1 SECTION IV Community Commercial District 4-1 SECTION V Reserve District 5-1 SECTION VI General Development Commitments 6-1 LIST OF EXHIBITS AND TABLES EXHIBIT "A" PUD Master Plan TABLE 1 Development Standards for "R" Residential Areas AGE'~f5.£f-1 '\ "o.~ MAY 131997 .... Jß .: ~,..."..' '.: ".' ,.' ,::'.,:'.';.': ....:.... :..:.": "., "':"'.",".':.'" ",". ." " . ~. ',',.,,',', '. / - ,,'. '.:. ',\.. --,',- .' .,. ~ ", "::'-".~'.'~ '. .>....'...../.\;~.:'. ....: ..:.".' . : ,,:.. i:" ,:.' .:'."..,:;\. :.:.,:. ....... .:. '. STATEMENT OF COMPLIANCE 128 1 The purpose of this section is to express the intent of George H. Werner and George W. Will, hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 150 +/- acres of land located in Section 27, Township 48 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Ric:hland. The development of Richland 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 thereunder of the Future Land Use Element and map of the Growth Managem~nt Plan and other applicable regulations for the following reasons: 1. The subject property is within the Urban Mixed Use District/Urban Residential Subdistrict and the Activity Center Mixed Use District/Activity Center Subdistrict as id~ntified on the Future Land Use Map as required in Objective 1, of the Future Land Use Element (FLUE). 2. The proposed density of Richland is 4.3 dwelling units per acre which is less than the maximum density permitted by the FLUE Density Rating System and is therefore consistent with Future Land Use Element Policy 5.1. The entire subject property qualifies for a base density of four dwelling units per acre. Certain parts of the subject property lie within a one mile radius of an activity center qualifying the area for an additional 3 dwelling units per acre, while an additional dwelling unit per acre is available because the project fronts on two arterial streets. 3. Richland is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicab!e land development regulations as set forth in Objective 3 of the Future Land Use Element. 5. The development of Richland will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. 6. Richland 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. 7. The project will be served by a complete range of services and utilities as approved by the County. ii AGE~.2..",11HI..J. ) No.~~ MAY 13 1997 P"~- -..,~,.."",_."".- :~>.:?>:~. /'-,: ::(:~~~ .::~·}:;>:)~:rf:::: ~\}<";:r ..~.:.;;.< -.~:":>::«' ~ .;, ..,;,:/:-~"::.',:.~,,:. ._..(.¡....~:;- ": .::~:-; .: :\(, _.-\. . :,:::.! :' :.:,' :~.:. : > < 8. The subject property includes an Activity Center Designation, which is a 1 2 B 1 preferred location for commercial and mixed-use developments, 9. The project shall be in compliance with all applicable County regulations inciuding the Grov,,1h Management Plan. SHORT TITLE This ordinance shall be known and cited as the "RICH LAND PLANNED UNIT DEvELOPMENT ORDINANCE", iii AGë:'1e.~ 'lY.1 '\. "o.~ MAY 131991 PI. Ó(O _ -'~~;-"""-"""'"'''' SECTION 1 128 1 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 Richland, and to describe the existing condition of the property to be developed. 1-2 LEGAL DESCRIPTION The northeast 1/4 of Section 27, Township 48 South, Range 26 East, less the East and North 100 feet for the purpose of road right-ot-way, located in Collier County, Florida. 1-3 TITLE TO PROPERTY The Property is currently under the ownership ot George H. Werner and George W. Will, 5500 Tamiami Trail North. Naples, Florida, 34108. 1-4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 27, Township 48 South, Range 26 East. and is bordered on the north by Immokalee Road (CR-846), on the east by CR-951, on the south by Oakridge Middle School and on the west by undeveloped agricultural land and laurel Oak Elementary School B. The zoning classification of the subject property as of this submittal is PUD (PLANNED UNIT DEVELOPMENT). C. The site's vegetation includes pine flatwoods, saw palmetto, slash pine and sabal palm. It also contains areas of cypress, fern and $awgrass. Soils on the site are Immokalee fine sand and Arzell fine sand. A small area of pompano fine sand is located in the southeast comer of the site. D. The surrounding area is generally undeveloped, and is located within the Activity Center Designation and Residential Density Band of the Future land Use Map to the Growth Management Plan. E. Elevations in the area range from 13.0 - 15.0 feet according to U.S.G.S. quadrangle maps. The site is outside of the flood plane and requires development to be sited 18 inches above the crown of the road according to flood insurance rate maps. 1-1 AGE~e."'H.QI\ ) NO.~ MAY 13 1997 PI.ÆL_ 1-5 PROJECT DENSITY 128 1 A. The total acreage of Richland is approximately 150 acres. The maximum number of dwelling units to be built on the total acreage is 650. The number of dwelling units per gross acre is approximately 4.3. units. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land. Commercial uses occupy approximately 21.8 acres with a maximum gross leasable floor area of 150,000 square feet. These described land uses are set forth on the PUD Master Plan, Exhibit "A". B. At all times, property included within the Rich/and PUD shall be included in determining project density including property reserved or dedicated for public uses, such as, but not limited to, public roadways. easements, reserves and landscape buffers. 1-2 AGE¥~~E}A \ ) tlo.~ MAY 13 1997 PI- ót~ J.........I_....__ 128 1 ~ECTION \I PROJECT DEVELOPMENT 2-1 PURPOSE The purpose of this Section is to generally describe the plan of development for Richland, and to identify relationships to applicable County ordinances, policies, and procedures. 2-2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. Richland, a private community, will include a broad range of Single-family, Multi-family, Community Commercial, HotellMotel, Stormwater Management, Open Space and Reserve areas. Each single-family, multi-family and commercial parcel will be served with publicly provided utilities, including potable water, sewer and electricity. Amenities proposed to be provided in the project include, but are not limited to, structures designed to provide social and recreational space, lakes, natural and landscaped open spaces. B. The Master Plan is illustrated graphically on Exhibit "A". A land use summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat Approval, in accordance with Article 3, Division 3.2, Section 3.2.9 of the Collier County land Development Code. 2-3 GENERAL COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Richland shall be in accordance with the contents of this PUD ordinance and applicable sections of the Collier County land Development Code (to the extent they are not inconsistent with this PUD ordinance) and Growth Management Plan 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 Subdivision Plat, Final Site Development Plan, and Excavation Permit. Where this PUD ordinance fails to provide developmental standards, then the provisions of the most similar zoning district or section of the Collier County Land Development Code shall apply. 2-1 "G£'I'~~~, ) "o.~ MAY 13 1997 PI.~ ,', ./....'. '.' ':' '.'..':,.., :~.'..: '. :',' ,.-<;..: : -: ,: >.' ,..:, :',,:. '.' ;:.::,::.:::,'.: ' :';":":' .,; ",', , " " 128 1 B. Unless otherwise defined herein, 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 development order application. C. Development permitted by the approval of this PUD will be subject to a concurrency review under the Adequate Public Facilities Ordinance, Article 3, Division 3.15 of the Collier County land Development Code. D. Unless modified. waived or excepted by this PUD or by subsequent requests, the provisions of other applicable land development codes remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein or as represented on the Richland Master Plan are part of the regulations which govern the manner in which the land may be developed. 2-4 LAND USE The Master Development Plan (Exhibit "A") shows proposed land uses of development for each parcel. Minor variations in acreage shall be permitted at final design to accommodate vegetation, encroachments, utilities, market conditions, and other hereto unforeseen site conditions. LAND USE SCHEDULE LAND USE TYPE ACREAGE RESIDENTIAL (open space, reserve, water management & lakes) 128.5 +/- COMMERCIAL (open space. reserve, water management & lake:» 21.8 +/- TOTAL 150.3 +/- THE ABOVE APPROXIMATE ACREAGE IS SUBJECT TO CHANGES PENDING FINAL DESIGN AND PERMITTING, AND SUPERSEDES ALL ACREAGE INFORMATION PREVIOUSLY INCLUDED IN THE APPROVED PUD DOCUMENTS. "'GE~o..ÞyL1~~ \ t4o.~ 2-2 MAY 13 1997 P¡.~ ..--,,---"-- 2-5 SITE DEVELOPMENT PLAN APPROVAL 12B 1 The provisions of Article 3, Division 3.3 of the Collier County Land Development Code shall apply to the development of platted tracts or parcels of land prior to the issuance of a building permit or other development order. 2-6 RESUBDIVISION Resubdivision shall comply with Section 3.2.7.5 of the Collier County Land Development Code. 2-7 EASEMENTS FOR UTILITIES A. Easements shall be provided for water management areas, utilitie~ and other purposes as may be needed. Said easements and improvements shall be done in substantial compliance with the Collier County Land Development Code. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time approvals are requested. 2-8 MODEL HOMES Model Homes and Model Home Sales Centers shall be permitted as provided for in Section 2.6.33.4 of the Collier County Land Development Code. 2-9 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entrance ways and signage may be allowed subject to review and administrative approval by the Collier County Planning Services Director for engineering and safety considerations, during the development review process and prior to any building permits. 2-10 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code. 2-3 AGE~t?~R\t'~ ) Ho.~ MAY 13 1997 PI- ~ 128 1 2-11 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunsetting provisions as provided for within Article 2, Division 2.7, Section 2.7.3.4 of the Collier County Development Code. 2-12 PUD MONITORING An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County land Development Code. 2-13 DEDICATION AND MAINTENANCE OF FACILITIES The Developer shall create appropriate property owner association(s) which will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. 2-14 OFF-STREET PARKING AND lOADING All off-street parking and loading facilities shall be designed in accordance with Division 2.3 of the Collier County land Development Code. 2-15 OPEN SPACE REQUIREMENTS A. A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space, pursuant to Article 2, Division 2.6, Section 2.6.32 of the Collier County land Development Code. The total project is 150 +/- acres requiring a minimum of 45 acres to be retained as open space throughout the Richland PUD. This requirement shall not apply to individual development parcels. B. Of the project's total 150 +/- acres, the following acreages represent 30% of the total site, all contributing to open space. lake Reserve: Buffer : 22+/- acres 16+/- acres 7+/- acres TOTAL 45+/- acres of open space 2-4 AGEt4~ K£.¡t\ ') "o.~ NAY 1 3 1997 PI- 0(> b 128 1 2-16 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Article 3, Division 3.9, Section 3.9.5.5.3 of the Collier County land Development Code, 25% of the viable naturally functioning native vegetation on site shall be retained. 2-17 POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County l.and Development Code, accommodation shall be made for the Mure use of building space within common areas for the purposes of accommodating the function of an electoral polling place. 2-18 SIGNS Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land Development Code. 2-19 LANDSCAPING Landscaping shall be in accordance with Article 2, Division 2.4 of the Collier County Land Development Code. 2-20 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County 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; however, removal of fill from Richland shall be limited to an amount up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2-21 EXCAVATION AND VEGETATION REMOVAL Improvement of property shall be prohibited prior to issuance of building permit. No ~iite work, removal of protected vegetation, grading, improvement of property or c:onstruction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under the Land Development Code or other applicable County regulations. Exceptions to this r'3quirement may be granted by the Community Development and Environmental 2-5 AGE"~' HEt'~ ) NO.~ 1 I MAY 13 1997 p,. .:2 7 128 1 Services Administrator for an approved Subdivision or Site Development Plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the standards of Section 3.2.8.3.6. of the Code. Removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. A site clearing, grading, filling and revegetation plan where applicable shall be submitted to the Community Development and Environmental Services Administrator, or his designee for review and approval prior to any clearing, grading or filling on the property. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the improvement plans incorporate and retain native vegetation. The site specific clearing, grading, and filling plan for a Subdivision or Site Development Plan may be considered for review and approval under the following categories and subject to the following requirements: 1. Removal of exotic vegetation is permitted upon receipt of a vegetation removal permit pursuant to Division 3.9. Additional site alteration may be permitted or required to stabilize and deter reinfestation by exotics subject to the following: a. Provision of a site filling and grading plan for review and approval by the County; b. Provision of a revegetation plan for review and approval by the County; c. Payment of the applicable review fee for site alteration plan review. 3. Site filling exceeding 25 acres to properly utilize fill generated on site, but which does not require the removal of more than 25 acres of protected vegetation, may be approved by the Community Development and Environmental Services Administrator subject to submission of the following: a. A site clearing plan shall be submitted for review and approval that shows the acres to be cleared. A minimum of 25% of the natural functioning vegetation shall be retained. b. The applicant shall submit a detailed description of the fill and site work activity including a plan indicating fill placement locations and depths, grading plan and water management improvem n s. ~:'?~~..fß!-~ 2-6 MAY 13 1997 PI- ~ Î?__ 128 1 c. The applicant shall submit a detailed revegetation plan including a cost estimate. The cost estimate shall include the cost of grading, revegetation and yearly maintenance cost and a time specific schedule on completion of the revegetation work. d. The permittee shall post a surety bond or an irrevocable standby letter of credit in an amount of 110% of certified cost estimate as previously detailed including the maintenance cost for 3 years. The amount of the security may be reduced upon completion of the approved revegetation plan and upon occupation of the site.~A separate security will not be required if such costs are included in subdivision security. A vegetation removal permit is not required for the removal of protected vegetation prior to building permit issuance if the conditions set forth in Division 3.9 of the Land Development Code have been met. 2-22 SUBDIVISIONS Subdivisions shall be in accordance with Article 3, Division 3.2 of the Collier County Land Development Code. 2-7 AGEHD~ I!P' , ) "c/~ MAY 1 3 1997 p- Ó{Cf SECTION III RESIDENTIAL 128 1 3-1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Richland designated on the Master Plan (Exhibit "A") as "R" Residential. 3·2 MAXIMUM DWELLING UNITS A maximum number of 650 residential dwelling ur,,:íS may be constructed on lands designated "R". 3-3 GENERAL DESCRIPTION A. Areas designated as "R" on the Master land Use Plan are designated to accommodate a full range of residential dwelling unit types. B. Approximate acreage of land use tracts have been indicated on the PUD Master Plan, in order to indicate relative size and distribution of the residential uses. These acreages are based on conceptual designs and must be considered to be approximate. Actual acreage of all development tracts will be provided at the time of permitting. Residential tracts are designed to accommodate internal roadways. C. Single-family lot sizes and development regulations shall be in accordance with Table: 1 of this section and shall be identified by the Developer at the time of Preliminary Subdivision Plat approval pursuant to Collier County Zoning Regulations set forth in Division 3.2 of the Collier County land Development Code. D. Multi-family uses and development rt:~ulations shall be in accordance with Table 1 of this section and shall be identified by the Developer at the time of Site Development Plan approval pursuant to Section 2.5 of this document and applicable Collier County Regulations set forth in Division 3.3 of the Collier County land Development Code.. 3-1 ~:'El~ MAY 13 1997 PI. ~D - 3-4 PERMITTED USES AND STRUCTURES 128 1 No building or structure, or part thereof, shall be erected, altered, or used. or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1) Single-family detached dwelling units. 2) Single-family attached and townhouse units. 3) Single-family zero lot line dwelling units. 4) Duplex dwelling units. 5) Multi-family dwelling units. 6) Nursing, rest homes and adult congregate living facilities. 7) Recreational facilities including but not limited to parks, playgrounds, commonly owned open space, pools, tennis courts, community buildings; guardhouses; essential services and utility structures. 8) Model homes, sales centers, and temporary development/construction offices shall be permitted in conjunction with the promotion of the development. 9) Water management facilities and lakes. 10) Any other use which is in comparable in natur~ with the foregoing uses which the Planning Services Director determines to be compatible in the "R" district. B. Permitted Accessory Uses and Structures 1) Customary accessory uses and structures, including but not limited to covered parking. attached and detached garages and swimming pools. 2) Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the "R" District. 3.5 PROPERTY DEVELOPMENT REGULATIONS A. Except as provided in Section 2.5(B), property development regulations for land uses in the "R" Residential District are set forth in Table 1. B. Site development standards for categories 1-4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries. 3-2 ;:,E1,~ NAY 13 1997 PI- -áL .' "~"'''''. .... .-............ -.,'.. ......' .-....-.. .... -..--.. .~'~_.....::">.'.'~;:..':\ :..~.. -:.:"...,~..~.ç.::~ '~V~~',··f.<',,:··..~. ~../··1:,,~.,\:,~"1~,~ ;'.,'1' .·...:~-.~...;:l.:.'.'~;~11:·: :,.:,"';~:. ~ ""':",1/ I.:..~:~.r.~(: '. C. Unless otherwise indicated, required yards, heights, and'flOOr }re~ B 1 standards apply to principal structures. D. Development standards for building relationships set forth in Table 1 shall be established during site development plan approval as set forth in Article 3, Division 3.3 of the Collier County Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. E. In the case of residential structures with a common architectural theme, required property development regulations may be waived or reduced as provided by the provisions in Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to Section 2.16 of this PUD. F. Off-street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development. A green space area of not less that ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road. G. Single-family zero lot line dwellings units are identified separately from single-family detached dwelling units with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table 1. Zero lot line dwellings shall be defined as any type of detached single-family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code Article 2, Division 2.6, Subsection 2.6.27.4.4.1. through 3. H. No housing structure containing three (3) or more dwelling units may be located between two detached, single family structures whir.h are less than 300 feet apart if they are a part of the same platted block. Approval to the location of multiple family structures relative to existing single family detached structures shall rest with the Development Services Director and shall be determined at the time of Site Development Plan pre-application meetings. I. No nursing, rest homes and adult congregate living facility shall be located within three hundred (300) feet of any single family detached or attached dwelling units. Generally, multiple family dwelling structures with dwelling units above dwelling units shall act as a transition area between nursing, rest homes, adult congregate living facilities and single family detached and attached dwelling units. 3-3 AGE~~~"..lJ Ho.~ NAY 13 1997 PJ. .3 -=<. ~ . .~- .-..~ .-...-._~.....~.. ~..--- -:'~'tr:"-ð,-:,',-:" ;.....'"'. \..·t:-...."\.:>~..-.:.:.~~~.\~,:::~ ~'.' ~..;;;,~....i../',~~·~.··;,··,..·;.),..~...~~.·:;.··:~'...·0-...'\..___:¡t:~:.:.:; ~-:~'...::': :.,-,,:~'''~':'~~~~ 128 1 TABLE 1 DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS SINGLE FAMILY SINGLE ZERO SINGLE FAMILY MUL TI- FAMILY LOT ATTACHED AND FAMILY DET ACHED LINE DUPLEX TOWNHOUSE DWELLINGS Category 1 2 3 4 5 Minimum Lot Area 5,500 SF 5,000 SF 3,500 SF 3,000 SF 1 AC Minimum Lot 55 50 35 30 150 Width *S Front Yard 20 ·3 20 *3 20 *3 20 *3 25 Froøt Yard for Side 10 10 10 10 15 Entry Garage Side Yard 5 *6 o or 7.5 o or .5 BH O.5BH Rear Yard Principal 20 10 20 20 BH Rear Yard 10 5 10 10 15 Accessory Rear Yard *1 10 5 10 10 .5 BH Maximum Buildiøg 35 35 35 35 35 Height *2 Dbtance Between 15 10 o or I 5 .5 SBH .5 SBH Principal Structures Floor Area Min. 1200 SF 1200 SF 1200 SF 1200 SF 1000 SF (S.F.) IItt BuIlding Height B!1: (Sum of I<dldlt'1 ~I}: Combi"" hoigM of two acl)ac:eftt ........ lor 1ho ~ 01 .._1nIng ..- teqo_lO. ,. ..._ .. In .... _ othorwIM ",,104. "1 . _ ptde lot pt1t>ci~ _ llCUMory .trucVft on 1010 _ ÚIUt _ -- IIWIY be Q'. Fr>nt"'" __ be m_eel.._: A. If... pot'* 10 _ by . public r\9ht-of..-,. _Ia ........... "- ... .....,.m ~ -. So If'" potcaIlo _ by. ptlYato toed. ..__ Ie""""'" "- .. - of cwto (If...-) Of" of ~ (If..... c.-.I). "2-..-ngMlgllt_be "__,,._...-..1 "- 1ho1lnl1__ _ __.. "_1- ......__of............. ., . SIo ..I. IOmII) -. _ ".",..,. lot 2 patIdft; _ _ .. __ _ - ~ for _I patIdft; - .... In IfIftto dr1...-p ...., - ... _,..., ......-.... for ... garop _ t" lot ... rwnoaIñng .- '4. I!.och _ of. dupIo. ""'I requno . 101.... _.... of ),SO') SF for . _ ......_ 101_ of 7.f1OO SF: UOO .... IMIIoI_ -- per -. - for oIngIofamllJ.- __ -1ntI- _ ¡.-_ __-..-Iot----,----.- ... _101_...., be redIIced by 2O'1t for -...c _ ~ _....101_....- Ie.. _:1-' .--,.~ MAY 13 1997 PI. .33 ... Z- _ (01 Of. m__ of _ _ (5") on _ aide ....pI_ -....... - (O"),.,.s opton Ia --.... ---- - of _ (tlr),.,.s. Z- _ (0") ,.... ...., be .....s on both_ of. - .......- - ... ..,....... - - ('''' ,..., Ie ............. 3-4 11__ y-.¡?""' 128 1 SECTION IV COMMUNITY COMMERCIAL DISTRICT 4-1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Richland designated on the Master Plan (Exhibit "A") as "C" Community Commercial. 4-2 MAXIMUM SQUARE FOOTAGE A maximum of 150,000 square feet (gross floor area) of Community Commercial uses may be constructed on lands designated "C". 4-3 GENERAL DESCRIPTION A. Areas designated as "C" on the Master Plan are designed to accommodate a full range of commercial uses, hotel/motel, essential services, and customary accessory uses. B. The approximate acreage of the "C" district is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. Community Commercial tracts are designed to accommodate internal roadways, open spaces, lakes, water management facilities, and other similar uses. 4-4 PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1) Agricultural Services (Group 0742, except no outside kenneling) 2) Amusement and Recreation Services, Indoor only (Groups 7911-7941,7991,7993,7997,7999) 3) Apparel and Accessory Stores (Groups 5611,5621,5631,5641, 5651, 5661,5699) 4) Automotive Dealers and Gasoline Service Stations (Groups 5511, 5521,5531,5541,5551) 4-1 ~:'E~~ MAY 13 1997 Pc. -ªÅ:- 128 1 5) Automotive Repair, Services and Parking (Group 7542) 6) Buildir.~ Materials. Hardware, Garden Supply (Groups 5231, 5251, 5261 ) 7) Business Services (Groups 7311,7323, 7334, 7335, 7336, 7338, 7352, 7359, 7371-7379, 7384, 7389) 8) Communications (Groups 4832, 4833) 9) Depository Institutions (Groups 6011-6099) 10) Eating and Drinking Places (Groups 5812, 5813) 11) Engineering, Accounting and Management (8711-8721,8741,8742, 8748) 12) Food Stores (Groups 5411, 5421, 5441, 5451, 5461, 5499) 13) General Merchandise Stores (Groups 5311, 5331, 5399) 14) Health Services (Groups 8011-8049) 15) Home Furniture, Furnishings, and Equipment Stores (Groups 5712, 5713,5714.5719,5722,5731,5734,5735,5736) 16) Hotels and Motels (Group 7011) 17) Insurance Agents. Brokers and Service ( Group 6411) 18} Membership Organizations (Groups 8641, 8661) 19) Miscellaneous Repair Services (Groups 7622, 7623, 7629, 7631, 7641) (Group 7699 with approval of Planning Services Director who shall be guided by the objective of allowing uses that are compatible with existing development.) . 20) Miscellaneous Retail (Groups 5912,5921,5932,5941-5949,5984, 5992, 5993, 5999) 21) Motion Pictures (Groups 7832-7833) 22) Museum, Art Galleries (Group 8412) 23) Non-Depository Credit Institutions (Groups 6141,6159,6162.6163) 24) Personal Services (Groups 7211-7212,7215,7219,7221, '7231, 7241,7251,7291) 25) Real Estate (Groups 6531, 6541, 6552) 26) Social Services (Group 8351) 27) United States Postal Service (Group 4311) 28) Any other use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the district. 4-5 ACCESSORY USES AND STRUCTURES A. Uses and Structures that are accessory and incidental to uses permitted. B. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. 4-2 ~~.E~ \ MAY 13 1997 \ P,. 35 - ;:f.: :~.:~.)~.J~:' :.\~j~3.~..: :: ~,.:;: >?>~~?:.>:~:.::~)_~.\~~i_·;~~!~::·;::~";~:~·rj_:ç~:.;:.:'{ /i:i~;~Y;:'~ ~:~.: .:~,:::. :._'~(.~ .'~. ;/, :...... ~: 128 1 4-6 Development Standards A. Minimum lot area: Ten thousand (10,000') square feet B. Minimum lot width: One hundred (100') feet C. Minimum yard requirements: 1) Front yard: twenty-five (25') feet 2) Side yard: zero or ten (0' or 10') feet 3) Rear yard: twenty (20') feet D. Distance between principal structures: One half the sum of walls opposite one another but not less than ten (10') feet. E. Minimum floor area of principal structure: seven hundred and fifty square feet (750') per building on the ground floor F. Landscaping and Off-Street Parking shall be in accordance with the Collier County Land Development Code. G. Maximum height: fifty feet (50') H. General application for Setbacks: Front yard setbacks shall comply with the following: 1) If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. 2) If the parcel is served by a non-platted private drive, setback is measured from the back of curb or edge of pavement. 3) If the parcel is served by a platted private drive, setback is measured from the road easement or property line. I. Maximum density of Hotel/Motellodging facilities: 1) The net platted density of hotel rooms per acre may not exceed twenty-six (26) units per acre. AGE~~tfb£.., " HD.~ 4-3 MAY 13 1997 PI- aCø ,:', :-.¡f/,';.,;:;O:,..( :",'H:,~~~d,~ :~:':!/i<:<.;:.;;3,:::·"n .:,':;: .:", <: .' 128 1 ~ECT;ON V RESERVE DISTRICT 5-1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Richtand designated on the Master plan (Exhibit "A"), as Reserve. 5-2 GENERAL DESCRIPTION Areas designated as Reserve on the PUD Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Reserve District is to retain viable naturally functioning wetland systems. to allow for the restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Richland residents. 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) Passive recreational areas, boardwalks, and recreational shelters. 2) Nature trails, excluding asphalt paved surfaces 3) Water management facilities, structures and lake bulkheads or other architectural treatments 4) Mitigation areas 5) Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the Reserve District 5-1 AG[r~Ar~W_, '\ "o.~ MAY 13 1997 . ~ ~7 128 1 5-4 DEVELOPMENT STANDARDS A. All structures shall setback a minimum of ten (10') feet from Reserve District boundaries and roads, except for pathways, boardwalks and water management structures, which shall have no required setback. B. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - twenty five (25') feet. D. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - five (5') feet. E. Minimum distance between all other principal structures - ten (10') feet. F. Minimum distance between all other accessory structures - five (5') feet. G. Minimum floor area - None required. H. Minimum lot or parcel area - None required. 5-5 RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Code, Section 3.2.8.4.7.3 for preservation lands included in the Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies. The Richland Commons Association shall be responsible for control and maintenance of lands within the Reserve District. 5-2 AGEf'9..t\ V~...., Ho.~:9 MAY 13 1997 PI. .3.B 128 1 SfCTION VI GENERAL DEVELOPMENT COMMITMENTS 6-1 PURPOSE The purpose of this section is to set forth the standards for development of the project. 6-2 GENERAL All facilities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except when specifically noted or otherwise set forth in this document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land DevE:;:opment Code relating to the same shall apply to this project, except as otherwise set forth herein. 6-3 PLIO MASTER PLAN A. The Master Plan (Exhibit "A"), is an illustrative preliminary development plan. The design elements and layout illustrated on the Master Plan shall be understood to be flexible, so that the final design may satisfy the Developer's criteria and comply with all applicable requirements of this ordinance. B. The Planning Services Director shall be authorized to approve minor changes and refinements to the Richland Master Plan upon written request of the Developer. c. 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 Richland PUD document. 2) The minor change or refinement shall not constitute a substantial change pursuant to Article 2, Division 2.7, Subsection 2.7.3.5.6 of the Collier County Land Development Code. 6-1 ~ NAY 13 1997 Pa. _"ß. 'L ',·::·,:i~'.~·~ ~~. .',;';.~.'.,...'~~.{:~:}::: ~~ '::~F~:, ~~r(/_,,·\:~/:/~:;'\ ¡:~'j. ',:,:.~'.;::;:-"~;::.:'. :.'}.~'. :~. .:;, .,;.;-;"..',' ',~ "~:.. :':.,:;. ',.:.':',' ~<.'.; 128 1 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 Reserve areas within or external to the PUD. 4) All necessary easements, dedications or other instruments shall be granted to ensure the continuance operation and maintenance of all service utilities. 5) Agreements, provisions or covenants which govern the use, maintenance and continued protection of the PUD and common areas will be provided. 6-4 DEVELOPMENT COMMITMENTS A TRANSPORTATION 1) When deemed warranted by the County, the Developer shall provide fifty (50') feet of additional road right-of-way along the south side of Immokalee Road. Road Impact Fee credits will be allowed for this right-of-way to the maximum extent provided i~ the Road Impact Fee Ordinance and in accordance with the approved conversion formula. 2) When deemed warranted by the County, the Developer shall provide left and right turn lanes at all project accesses on both Immokalee Road and CR-951. If median openings are permitted upon the four laning of either road, the Developer shall be responsible for the cost of all intersection modifications needed to serve project accesses. 3) Developer shall provide a fair share contribution toward the capital cost of traffic signals at any project access when deemed warranted by the County. The signals will be owned, operated and maintained by Collier County. 4) When deemed warranted by the County, the Developer shall provide arterial level street lighting at all project accesses. 5) The road impact fee shall be as provided in the schedule contained in Division 4.1 of the Collier County Land Development Code, or as may be amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. 6) Access improvements shall not be subject to impact fee credits and, excluding traffic signals, shall be in place before any certificates of occupancy are issued. 6-2 AGE~~" ~W)' "o.~ MAY 13 1997 .... A:O- _ 128 1 7) All traffic control devices used, excluding street name signs, shall conform with the Manual on Uniform Traffic Control Devices as required in Chapter 316.0747, Florida Statutes. B WATER MANAGEMENT 1) Excavation permits will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site. 2) Developer shall be responsible for the installation of properly sized culverts at proposed entrance road locations placed on the relocated swale centerline, at such time as driveways are installed. 3} Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. 4) In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. 5) Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. C UTI LlTI ES 1) 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 Comer County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. 2) All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer service to the project. the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. 6-3 AGE7C2..'T ~f1I" " "o.~ MAY 1 3 1997 P¡.~ 128 1 3) It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense will install and operate interim water supply and on-site treatment faci1ities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformance with the requirements of Collier County Ordinance No. 88-76, as amended. 4) If an interim on-site water supply, treatment and transmission facility is utilized to serve the project, it must be properly sized to supply average peak day domestic demand, in addition to fire flow demand at a rat~ approved by the appropriate Fire Control District servicing the project area. 5) Public Service Commission Territories: Prior to approval of construction documents by the County, the Developer must pi~sent verification pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project until the County can provide these services through its water and sewer facilities. D ENVIRONMENTAL 1) Pelitioner shall be subject to Division 3.9 of the Collier County Land Development Code, requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Community Development and Environmental Services Administrator for review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots and other facilities have been oriented to accommodate this goal. 6-4 AC;[~e.A, ~V".l '\ NO.~ MAY 13 1997 P,. 4-::<. · 128 1 2) Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Community Development and Environmental Services Administrator for review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. 3) All exotic plants, as defined in the Land Development Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent re-invasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Community Development and Environmental Services Administrator 4) If during the course of site clearing, excavation or other constructional activities, an archaeological or historical site, artifact or other indicator is discovered, all development at that location shall be immediately stopped and the Community Development and Environmental Services Administrator shall be notified. Development will be suspended for a sufficient length of time to enable the Community Development and Environmental Services Administrator or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Community Development and Environmental Services Administrator will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. 5) Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 6} In accordance to Florida Game and Fresh Water Fish Commission (FGFWFC) and U.S. Fish and Wildlife Service (USFWS) guidelines or authorization, should foraging habitat within a red-cockaded range become jurisdictional to these agencies during the approval process, the developer will 6-5 AGEfU~A¡ '1% NO.~ MAY 13 1997 ~~ / - ... . . . 128 1 comply with these regulations and guidelines as set forth for development and management of these habitats (Collier County Comprehensive Plan, Policy 7.3.4). E SUBSTITUTIONS TO COUN1Y SUBDIVISION REGULATIONS 1) Section 3.2.8.3.19: Street name signs shall be approved by the County Engineer but need not meet U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging requirements shall be subject to the County Engineer's approval, but need not meet standard county requirements. 2) Section 3.2.8.4.16.5: Street rights-of-way and cross-sections for the roads shall be as designated by developer at time of final construction plans. 3) Section 3.2.8.4.16.6: The 1,000 feet maximum dead-end street length requirement shall be waived. 4) Section 3.2.8.4.16.8: Back of curb radii may be. reduced to thirty (30') feet at local intersections. 5) Section 3.2.8.4.16.10: The requirement for one hundred (100') feet tangent sections between reverse curves of streets shall be waived. 6) Section 3.2.8.4.21: The requirement for blank utility casings shall be subject to County engineering approval, but need not meet standard County requirements. F MISCELLANEOUS 1) Access to the project shall be restricted to those access points shown on Exhibit "A". 6-6 ^GE1flt/lJ.~ \ NO.~ MAY 13 1997 Pc. A:4::.. ~ 128 1 ). t y' ~ /lOAD Y ~ Corrtnera.l ÆSCENT\Al. ONe: POœ UOClE SCKX1 RtCHLAND P.UD. CONCEPTUAL MASTER PlAN EXHIBIT · A· .........,..".... ~~.t....-..rt........."... ~ ~ ~ ~ ÆSVEHT1AL AGE~O~,'1f~ \, HO.~ MAY 13 1997 . P,. .':':.' :::. :, ',-: . .;'" .' ','.: ::,. :".' C' .}.:' '::)d'\;: . <::': >~. ',;/,. ::~. ~,,", :, ".", :" ,. . . '" .;) . ~ . I ~ ~ ~ \,. , ., " 12B 1 , . STATE OF FLORIDA) CO~' OF COLLIER) I, ~¡IGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Çollier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 97-27 Which was adopted by the Board of County Commissioners on the 10th day of June, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 11th day of June, 1997. · '\i"'I;"';"" ~_I~ j, ....',:., DWIGHT E. BROCK . .,'. .,., Clerk of Courts and C!.J:er~~' Ex-officio to BoardrS>f. ' County CommissioneJ::jò. ;" '; "?~ ~)~~.,../~.'.:. ~ ..... :-..f~ ),,'.' ~"L .",. By: Ellie Hoffman "....',., <...<->., " , ' .,. . ,... Deputy Clerk r'lI ~ r'}' ': ,. . ... " ., . .. ..' . .... ~·::¡f70~~;T~:J~;~gi~r-:~~f~~\~ '7· <i>12C 1 COLLIER COUNTY FLORIDA FŒQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS ~ : '":.\....: To: Oerk to the Board: P~ease place the following u a: xxx Noronl legal Advertisement (Display Adv., location, etc.) o Other: **.*......~..............*.***..*........**..*...***.*.................................................... Originating Depú Div: Comm.Dev.Serv.lPlanning person:k~~ Date: S-~~? . .. ....I........ . Petition No. (If none: give brid'description): SNR-97-3 . . Petitioner: (Name &.Address): Mr. idward F. Beck. 3JO 95'" SLStone Harbor. N.J, 08247 Name &. Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separote sheet) Hearing before ~ . Other Requ=d H=i~g da"':~ t l~~ B=d on ,dv,";"",,", '"",,"ng~s ",fn", hcuing Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News Other o Legally Required Proposed Text: (Include legal description &. common location &. Size: Petition No. SNR-97·3. Edward F. Bed reauestin2 a street name cMnge for that DOrtion of C.R. 84 which extends east of C.R. 951 to Benfield Avenue 10 be known as Beck Boulevard. located in Sections 35 &. 36. TQWI1shio 49 South. Ranee 26 Ea~ and ~on.~ I &. 2. Townshio 50 South. Rant!e 26 East. Colli~r Qmnty. Florida. Companion petition(s). if any &. proposed hearing date: Does Petition Fee include ad....ertising cost? 0 Yes 0 No 113-138323-649110 ""'~ by. ---1JiL- ~ l?i'/ Division Head Date' J} If Yes, what account should be charged for advertising rost.s: Approved by: Count)" Manager Date List AttachrnenlS: DlSTRrøUTION rnsTRucnoN:5 A. For bearings before BCC or BZA: Initiating ~non to complete one coy and obtain Division Head approval bdore submitting to County Manager. Note: Illegal document is involved, be sure that any neccSJary legal review, or requeJt (or same, is submitted to County Attorney before submitting to County Manager. The Manager's office win distribute copies: o Count1 Muagcr a,rnd. rile: to C1crk', omce o Rcqvatlo& DhiJicm o 011&1"a' ..; '. . ~.. B. Other hear!ngs: Iniûating Di·-:~;"n nead to approc.-e and sùbmit origir.W to Clerk's Office, ~~n,g. a copy for file.- . . ............*.*.***..***..*..~.~*....~!.*........*....**..*.**.*.*.***..*..~........~...................... . .. ,"'. .. 4 ___.;._..,,,__..,__..._,~;."_._......,,.,,,_ n v .. .OI!I_____..---;",-...,-..---""'.-"""'''"---.-...;---..-,.~~'-_....-;-",..,"...;.--- ,- 12C 1 RESOLUTION NO. 97-_____ RESOLUTION REQUESTING A STREET NAME CHANGE FOR THAT PORTION OF C.R. 84 WHICH EXTENDS EAST OF C.R. 951 TO BENFIELD AVENUE TO BE KNOWN AS BECK BOULEVARD, LOCATED IN SECTIONS 35 & 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND SECTIONS 1 & 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEFEAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requestcd to confirm the naming of Beck Boulevard. This street is located in Sections 35 & 36, Township 49 South, Range 26 East, and Section 1 & 2, Township 50 South, Range 26 East, Collier County, Florida; WHERI!:Þ.s, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The name of this street is hereby named Beck Boulevard and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. EROCK, CLE~~ BY: TIMOTHY L. HANCOCK, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ........ ~_''"_....'''._'"''_''''~.,__..._......."',._......',''~,___''';,_'''''____,....."J~__¡'_"""" ..._-,----_....-......__._~.,.....,-_._--~-- ~ 12C 1 PAX I œ PAGES 3 (DiICLtJI)]:]C 'rBIS UN .aSK) ro: !LA LOCATI~.Þ,1. FAX J!iO: V <)})R.·r¡7-3 Cf"IIo-Kl'IrJ."S : FRQI(: L /'" LOCAT:{OS: COLLIER CúUNJ.·X CúuK"l."JSUuSB --....-- .... .' PAX RO: (941) 774-8408 P.8UNß BO: (941) 774-8406 DATE SEII1T: ,'/~/97 / / II."()(} TDŒ SBRT: ß44 Ø5-Ø8 11:33 00-00'41 941 7745261 ()( 1 ~~ 045 øs-Ø8 15:52 00" 03' 53 C~TELLE ()( 4 ~11 Ø46 Ø5-Ø8 15:57 00- 02' 43 92634864 ()( 3 060C~1e 047 Ø5-Ø9 08:55 00002'02 92634864 ()( 2 Øõ€I(~1 048 Ø5-Ø9 09:37 00" 03' 52 9414344652 a<: 6 ~11 049 Ø5-Ø9 10:27 00" 02' 00 92634864 0< 3 ~18 Ø5Ø Ø5-Ø9 11 16 00"03'16 92634864 ()( 5 06OCOO8OOØØ08A11 051 Ø5-Ø9 1128 00" 02' 47 92634864 ()( 4 060C~16 Ø52 05-12 10 42 00" 02 ' Ø7 92634864 ()( 3 Ø68C~ 053 05-12 1100 ~Ø2'Ø1 92634B64 ()< 3 ~lC TOT~ I:tPGS 57 ----_..~-,<.._~;....."._- 12C 1 May 12, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition SNR-97-3 Dear Judy: Please advert.ise the above referenced notice one time on Sunday, May 25, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sinc,~rely , Sue J3arbiretti, Deputy Clerk Encl. P.O. No. 700012 12C 1 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JUNE 10, 1997, 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 SNR-97-3, Edward F. Beck requesting a street name change for that portion of C.R. 84 which extends east of C.R. 951 to Benfield Avenue to be known as Beck Boulevard, located in Sections 35 and 36, Township 49 South, Range 26 East and Sections 1 and 2, Township 50 South, Range 26 East, Collier County, Florida. All int.erested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. 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 to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMO'I'HY L. HJ>..NCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) .- .. .. Hflplee Deily Nev. KepLea, Fl 33940 Affidavit of Publication 12C 1 eo.uto Of COUfTY COIIIUSIOHEltS FINANCE DE"T. - TOOl 6RAftlIHG 1'0 DOX 413016 MAPUS Fl 34101-3016 REFEREHCE: 001230 -7COO12 574922Cn NOTICE OF PUBLIC HEA NOTIŒ CF P\Ø.JCfEMWG of c=: ~ hit lit 80cnI wi! "* a IÚAt of CoIIIr ~, ~~hÌII~~' GcM...,.'Ct CenW~1 ':l T~ II'::o:T~ ~ Ai:rtdíL TIlt medng ... bt- ... .- A.M. TIlt 80cnI ... CIInddIr PI- No. SHR.f7.3, Edward F Be<k ~ &. ~røne ctianoe ~ !hat ~&øIIM A"'iII~...at~ T~.~ t..~=s:: Ions 1 CIId 2, TGWIIINp 511 _ R_ » East. CoIIer~, Fb1di:a. 'ttsd,AJ ill ~ cw:: en IrMIId .. at- ..... ~. ,,!lid it tIIImIt 8ocnI¡,;;'h'''~ -- ... .. Mt PInCIII wtIO IIIddIŠ it ... a ..dedsIon at _.Iam .. ... Ii rec:d 'at !II pracll_,'~ ~ 4IId ~ mcy /lied it InSII't lICIt Q wr. = I"ICIIInI of .. ~ II macIt. , ......... /'laird IndIØS ... ~.1IIId :a upon wtIIdI .. appeal Is .. be 80m) CF COONTY ÇONI.WS$IOfÐS ~~l~ORÆ~......; DWIGHT E. BRòcX.-ã1RK """"""'" By: IS/SuI ~ ~CIeñ . I ~ No. 1007"., Stete of Florida County of Collier BefOl"e the uxlersi¡¡ned IlUthority, pcraonally eppeered 8. lub, who on oeth Nl)'a thet aile ..rns es the An18tant Corporate S«retery of the Keplea DeHy Newt, e daily IMNsplpllr publiahed et Keplea, in Collier County, Florida: that the etteched copy of edvertising wea publ ithed in Mid newapeper on dates liated. Affiant further aeys that the Mid Kepl.. Deily NevI 18 e newapeper publ ialled et Kepl.., in Mid Collier County, florida, end that the Mid MVlpeper hes heretofore been c:onti~ly publialled in Mid Collier County, Florida, Nch day end has bHn entered es aecond cle.. _H _tter et the poat office in Keples, in Mid Collier County, Florida, for e period of 1 reel' next preceding the first publication of the etteched copy of edvertis..-nt; end effiant further says that aile haa neither peid nor prOll18ed any peraon, 111'. or c:oporation any discount, rebate, co.eission or refund for the purpose of aecuring thia edvertia..-nt for publication in the Mid newapeper. I'UBLISHED OH: OS/25 AD SPACE: FILED OH: 4.083 INCH OS/26/97 Signature of Affiant / J~ /~ , Sworn to end Subscribed before -;' this ~ day of ~ 1rf11 Peraonally known by .. Ii:.: ·¡rLKI.. (]. l~ ,~ J ---r "J\";-';:':::~" JucIIII A. "'-'- ··A··..\ .--, !.( '¡.¡ MY r:oMMISSION , CC5OIT87 EXPIRES ,<:,~.. ~"Ã; FeÞruar, '1. 2OCO ":.v:.~~' IOIUO nft 'nV"MlIIIIIWICf.IIC. · . . .... .. 12 C 1 RESOLUTION NO. 97-271 RESOLUTION REQUESTING A STREET NAME CHANGE FOR THAT PORTION OF C.R. 84 WHICH EXTENDS EAST OF C.R. 951 TO BENFIELD AVENUE TO BE KNOWN AS BECK BOULEVARD, LOCATED IN SECTIONS 35 & 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND SECTIONS 1 & 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to auth'Jri ty of Chapter 336.05, Florida Statutes, to na.:ne or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the naming of Beck Boulevard. This street is located in Sections 35 & 36, Township 49 South, Range 26 East, and Section 1 & 2, Township 50 South, Range 26 East, Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The name of this street is hereby named Beck Boulevard and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. 10th Junf> .....'~ " I, , . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST ::.. c:: ,J. - . .- :, , ::: ...., . , ~ "I~. ~ . .....~. 'J .t·. LL.:·:ir . ~ ,. t& '"DWIi-=iT ~ÕCK, . ..e:r;tRK.I1 a. '''': .,' - \..... -/ ,"I \~.~ .\.~ \'} \.. APPROVED AS TO FORM AND LEGAL BY: T OR: 2321 PG: 1165 *** I I ~. I I - "'''' __~_",~._,.,,,,,,,,,,,,.,,,,_,,"_;;,,,,,__,,,,,.,;.¡,.,"""""'.,*,~'"'4''' ,.,..."...""".__"""'....",.."_;,~.~_."~,,..."''''',,_,,....__''.~..'_ , þ , ! ¡ I , ¡ ! t i ~ t , ~ ~ ! [ f ! t I I i ---.-------..,--....---,...--."" , -_.._"""'--,'~,------'"_..,-"--;.__.,.._,,..,...- \ , 1 ! ~ , , . ¡ i . i J I ~ ¡ ¡ t t ...__.__;_,;."....."""'_...___...._,..,_........·,_;1""'""--"""'......'..."'·.",.,""'~''""_.......~.."~_''''._'"~.,,<O;.'"'."¡"...¡''''''".,..,___..'.._~.,;"."''''''";"......;.".,'''-,-..'"..,"._,'' ","'~-,,,.""',,'-.....~<..,,...,..._""-,,..~"'"..."""_._,,.._-,'....""-"~-" 5 13f\ 1 RESOLUTION 97- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A RESIDENTIAL UNIT, CONDITIONAL USE "7" IN THE C-3 ZONING DISTRICT PURSUANT TO SECTION 2.2.14.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the publici and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensivë Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the çounty, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "7" of Section 2.2.14.3 in a C-3 zone for a residential unit on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Comnission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented., NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of ~. ...... .. ..,. . '.-.. . _.. .....'.. :'.i..(' .·.:~:Collier>County ,Florida that: ~'#.?rF;:~:·~~.;·b.~"?~:_::;::::~:::· ',.' . . ~,.~~>~~:;.::. .......... . 'f:;;~.~~~.~~.~~__.-' ·~C'. '.: ;~.i;;~.r: ~.: ...: ._._:___~_¥~~'-H_..'..-.~_··~~~~m,'!..:.__ '. ..; .:,_..i.iir~t.... :~ "'-:~,"¿:'~~::-.:;:-.~~:':-' .. - ~'h~ .w....~; ~~... '.~;,.';:;' -<_:;J-':'~ ~~'..~~ 4 , ~;""-~"".J.""."-'-."-".z:...-'" .~~. ::~.:,;~~~~;·fAr~;:~f4W"'¡¡""~~¡::~~~~~ ....'"'-~--'" ,..,->.,,~_.._~......,,",--"''';''''--""--''''''---~~-' I l 13A 1 The petition filed by Mark Lamoureux, P.E. representing Mike Podolski with respect to the property hereinafter described as: Lots 1 thru 5, and 47 thru 50, Block 64 of Naples Park, Unit No.5, as recorded in Plat Book 3, Page 14, of the Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Use ~7" of Section 2.2.14.3 of the C-3 zoning district for a residential unit in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: a. The Planning and Technical Services Manager may approve minor chanqes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91-102). b. Road Impact Fees for each use, shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK , APPROVE;D AS TO FORM AND LEGAL SUFFICIENCY: l'Y'Ic--)f'\'Ù.. m [k).. vJ..&,¡j:- HARJO E M. STUDENT ASSISTANT COUNTY ATTORNEY f/CU-91-11 RESOLUTION . . :·1. FINDING OF ·FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-11 13A 1 ., - . ~ <{ .~... ..... .."''' . .. - ---. .. "1." "'t': _'" ~.;,,~ ~'. -: ..~ ", '-_:.:~~:r .:... ~~~,:..~~.' :~(:.~';:~ . . ''', .J'"':~' . . . '~~.......i";..;:The following facts are found:" ~:.. _ . "~"'_''''.a. -"'. .-. --:..:.:.:-_.:_......_.. _..__." ..." __ )} ~~ ~-'7;::\L' ~:"·sectfõñ2.,..2 :ï4'Ti:-~i oï:' t:he···Land ·.Development :-':: '~:.'''T:' ..... the' co'ndi tiona luse. . . I' Code authorized ~~~~·2.Granting~he conditional use will not adversely affect the public interest and will not adversely affect other property .. -'... or tise's'iri"the same district or" neighborhood because of: ;. ~'.'.~" -, ..... -..._..._.~-.,:.........._-:... .....r.. .. A. ';' Consistency with the Land Development Code and Growth ....-,.~-....,:':~:-:~.>..- .-:-Man~g~nient Plan: ~-:,.., : ~:'~:. ·:t-.;·...... ...·.:,~:':;:~~:.-'~::·<L:.:~,:~:~.-:.;:._:_~~:,~ _.~,,""_ __0. _ _.... _...-:. ",_ . .., "_",:"-"',' . .._-~_. ..." _ ".. ~ '-., . B.···")"" Ingress....,·and 'égr'ess tc?' property 'and .,....1., '···:thërèorl ·with··particular reference to . pedestrian safety and convenience, control, ',and access in case of fire or Adequate ingress & egress Yes No No . , -. :~"... '.~~'. " proposed structures automotive and traffic flow and catastrophe: .... C. Affects.~eighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be ~itigated '.:::'':...',::. .~"..-.:."'::."~ ('" .~ . . ... ..I?.,":·.:..:.::};~mpa.tJþ"il~tY.~Jt~, a.d~~c~Dt, properties -'.~~.. .prC?perty . in the, d~str ~ct: . . ~:····:"·,-··qcomp·atible' use within district '" .....--!...........,.... ...- Yes No and other -'.-.,. "'''~''''''':-'- - '.----'--- -- ~...... .' --. .~. - Based on the ·abòv~·firidings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for .approval . . " .., .. 4· ~. - '. ',' ".' . : :~. ~ ;:.DA TJ~: .:-: :¡.:. '¡ ;::.~;~.:~. ':.'.~' ~: . :~'~": .:r~ CHAIRMAN: . .., . ,. ...... . .h .. _..... .-...... ......__._ ............. . ~:~J~~~t!~r{ff~~~~¿~0;{f~~~~:t,~~~~:j.~~ :.;.:.:...... -- _.~. -": . ~....~~~<..."=~.~-.."L......i.:L~......,.../.....",.... ....,.. ",'.' ...... _. ".'.." _ . :__~~~~:"£~t~#¡~~~t£~~~·;;~~'a:i~·.:-::~·_:~.·:.~····.::~~..:~~~: . .:~. ~ . ." . .... _:. "'~"/rIlmING ·OF'¡FACT~CHAIP.KA.N/· --.- ~''''''':'~~~.;';''''~::_::'''~_'__'''_~~';';''.-:; '.'r:'~ ~~~~~';;'t--"""",~~~~"~·c.",,,;,;:,:".-:-·:::.:· .....-:;:::;.:._-:~.:.,..-:.:-~::-. ;::~:; ._ ~tìt~~~,.-t-..q--;!~~;:r~.. " ~ .. ~-''1.~~;o.r-Pf·~""""""",~ -~"-'-':""'-'.''-''.-'' . ,. ... .,.. ..,. - , ~ ~;.~ .~~......-~_ .."'"., '...'.j;·_,_,_v__,~..,.-- .,<;,:.-~...., . ,4l'EXHiBrr:'A ~:..,,"'" ~i.;":';';',;..~,=:~~~~ :-i;;:~.:~:.....'-..: .. i"!'f'..........,...~ .;..~:~=::r~;-. . í ""--",,<,,,.--"';"-'-'-'~~.""""""'~';"""""''''',"-'''' "'*'"......."'''''".''''''''''''"._''''.........._-;--''_.._'',..,~._.._-----¡---''." ~ ~ >, ~f ~' 8 ~ { t i ~ .' ."___."=,.~,,,,,.,...,._.~__.._..~___._..._,,........_~rt_ ~ "" I"'''''.''-''''-,~-",--"···"",,,,· -.,-..-..,."".. .,,,,,,,.~----,,,,--,,,",-----,,,,-,..."......,..,,,,.,,.,,,_.._-,,,,,,,,,_.,...-,..~-..~'. ~ .., ,q .s ""! ... ~ ~ " ~ .. ~ ii ' - ~ W f , ~ \ Í' ~ 1-: ì ~ t, ~ . ".\ '~.:r4: ,.. ........ . . .;:::..:-..A-.." ,,"".' ': 1\ i\ I' I ..... 1! ,I !!'('W it 1\ I -1 i'l lot , r!,u,\ ¡i i ~" ' . " '.:~ .. 1° .. ." ... ~ ' . ...',....... -,._,...,.-.,--_..._...,',-.............._".,............"'-"'"..."...._....._~,""'.,,;._¡¡¡--...- NOR-rH -IlL ,1 . ~q~. H.~ J "~J! .¡. ",,~.·I_··-·"'I··~· ht~ 1\ \ I \ ~irä .'.. !:.::J'q ;' I', r., -, '.. '..... .~:' .: . . '. . ..... . ~ . . '. -r..:''''' ~,'.' 1 3A ~. '\ \' J I( Ii _~1:l t 1=, 't- ,...:.... 1 - ,"!'~~------ --..-- .'", - .-.-. . ' .' .' .. ,,- ,". .. '. .. . - . . . -. . - . . ~. ... ( 1 ú'> m C) o z. ~ V> -t o ~ ï1 r o o 7J U r ):> Z -~-_..-..._"'_._..,..,_."'....,-'---~."'-,.., ., 13A 1 PAX . OJ! PAGES J C:IM::LuDDJG TB:rS CuvJSK) TO: ;A~ -i\ LOCATIOI!l : FAX J!iJO: CfIM- 1br.L"S : f(¡f-97-1! PBœ: ~ LOCATJ:OI!l: COLI.I:BR COÛØ"'J.·X COwc1buuSIs PAX .110: .' (941) 774-8408 --..'~."" Pbuaß RO: (941) 774-8406 DATE SERT: ýÞrh 7 ~: Iv ".rDE SBII'r: t-Ð. DATE ST. TII'E TOTI=L T II'E ABBR ID STATUS ÞPGS ŒPT CODE CO'f1. CODE 001 04-18 11:44 00-00'39 9413893005 ()( 1 ~1900 0B2 04-18 11:45 W01'le 941389300S ()( 1 ~1900 003 04-18 11:52 W02'le 941997Ø393 ()( 3 Ø6C~lB 004 04-18 14: 19 wel'57 92634864 ()( 3 ß68C~12 æs 04-21 09:45 W02'3B 941997Ø393 ()( 4 Ø6C~11 BØ6 04-22 16:29 00-ß2'Ø7 941 77S 27SS ()( 3 ~12 007 134-24 10:43 00- 02' 11 15173735175 ()( 2 e6~lø aøe 001-25 12:23 00082'00 92634864 ()( 3 06SC00800000eA3 00'3 04-25 12:38 ~Øl'56 92634864 0< 3 068:~12 ala 04-25 12:54 00-01'21 941 263 47133 0< 2 ~16 011 04-25 12 57 00-£11'56 941 263 47133 ()( :3 ~13 012 ~-28 æ 43 æ-02'25 92634864 0< 4 Ø68C~11 013 04-28 13 57 W02'15 92634864 ()( :3 ~ TOTI=L I:IPGS 35 13A 1 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JUNE 10, 1997, 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 CU-97-11, Mark Lamoureux, P.E., representing Mike Podolski, requesting COLditional Use "7" of the C-3 zoning district for a residential unit. for property located at 9765 Tamiami Trail North, further described as Lots 1 through 5 and 45 through 50, Block 64 of Naples Park, Unit *5, in Section 28, Township 48 South, Range 25 East, as recorded in Plat Book 3, Page 14, of the Public Records of Collier County, Florida, consisting of 0.93 acres, more or less. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. 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 to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/Sue Barbiretti, Deput.y Clerk (SEAL) 13A l' April 28, 1997 Mike Podolski 3770 Fieldstone Boulevard Naple~¡, Florida 34109 RE: Notice of Public Hearing to consider petition CU-97-11 Dear petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, JUNE 10, 1997 as indicated on the enclosed notice. The legal notice pertaining to this pet.ition will be published in the Naples Daily News on Sunday, May 25, 1997. You are invited .to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Mark Lamoureux, P.E. 13A 1 April 28, 1997 Mark Lamoureux, P.E. 870 97th Avenue North Naples, Florida 34108 RE: Not.ice of Public Hearing to consider Petition CU-97-11 Dear petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, JUNE 10, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 25, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Mike Podolski ! '. 'I, )~:, " ~ .. ,¡- , '.. Naples Oaily N~s Keples, Fl 33940 Affidavit of Publication BOARD OF COUNTY C~lSSlONERS FINANCE OEPT. - TOBI G~lIHG 1'0 BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 -700012 57492093 NOTICE Of PUBliC HEA Stete of Florida County of Cnllier Before the undersigned authority, per.onally IIppeered 8, Løob, who on OIIth aeys that she aerves as the Assistant Corporate Secretary of the Keples Oeily News, II daily M"I.paper published at Keples, in Collier County, Florida: that the attached copy of advertising "as published in said ~spaper on datu listed. Affiant further says that the said Naples Oaily Hews is a rHlWSpaper publ bhed at Nllples, in ..id Collier County, Florida, end that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day end has been ent ered as ucond class .. il ..tter at the post office in Keples, in said Collier County, Florida, for a period of 1 year Mxt preceding the first publication of the attached copy of advertis..-nt¡ end affiant further say. that she hes neither paid nor prCMIised ....y person, firll or coporation any discount, rebate, ~i.sion or refund for the purpose of securing this advertiseaent for publication in the said nwspeper. PUBLISHED ON: OS/25 AD SPACE: FILED ON: 4.500 IHCH I:15f26f97 Signature of Affiant " -----------+- / . r' /~) 1') /_\ ------ HOTIŒ OF PUBlIC tEARING NoIIte Is hereby ~ that till Bocrd of COIIIIv CommIssIonen at CoIIW COII1IY wIR hold a 11'1* hear1no on TUESO~Ÿ, JUNE 10. 1996, In the Bocri'oam, 3rd FloOr, Mmlnlsiratlon BulldI"9, Colllee: County GMrnmenI Center, 3301 Eøst TamIamI Tnt, .... FlorIda. The meetInG .. lit- GIn tJ f:OO A.M. ",. Bocrd wi consider Pt- . No. 0)-97·11, Mort L.amoInW!. P.E., c:~"t-~ ;c:*~ ~ \1ct tar I mldenllalllllllar ~""\:í. tel at f765 TamIarnI TraI Mor1h, I\r1tW cIIICt1Md as lois 1 through 5 and 4S ..,... 51. BIodI ... of IQIIes PIn. lWt '15. In ~ 21, TØWII5/IkI 41 ~ange 2S 'Eœt as reairded In PIøt Book \4, at t.ì NIUe Reads of CollIer , FIiI1dI1, cansbtInI at 0.93 oem, men or ... U ~ øcr1Ies en IrMIed tD 01- IIInd, = io IPØ and tD ømIt IlK I 1I1't~;!IIng, tD till IIacr'd tD tho d)Ic 1lr1 penon who cIeddes tD C$IIIICII 0 dIdsIan at 1tIe Bcxrd wII need 0 record at ::'l.~ per1akWIg .... and rrt1t need tD enMn lid 0 ver· boI!m record of !hi f~1 whIcII record IncIuöa "" gna I\IIdenC:e upon wt1IdI flit ~ .. tD be baled. · BOARD OF COUNTY COMMISSIOJERS . COUØ~FlORDA T\MOTHY L. twf..QCX. CHARMAN DWIGHT e. BROCK, a.eRK By: !sI Sue ecnnm, æ1c.t No. 999246 ----- Swom to end Sub.cribed before .. ~his d.i... day of. ~ 19.:1 7 Personally known by .. <1/1.-/ rrí.. (] ':1 J. /\. V"o"f"" j .......... /f.~-:f:. ~~}; JucItII A. ~In ,.. :., MY '-"1/ ~:. .,:.ff COMMISSION' CC$O!787 EXP!R.E~ ·':.t.,,\;·~::'·· Febr1;1fy 19. 200) .î:..".. l'01ICto ThAll TJ!O'r ''''III5I.fWQ. ow: · . 13A 1 RESOLUTION 97- 272 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A RESIDENTIAL UNIT, CONDITIONAL USE "7" IN THE C-3 ZONING DISTRICT PURSUANT TO SECTION 2.2.14.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and HHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Compr.:!hensive Zoning Ordinance establishing regulations for the zoninq of particular geographic divisions of the County, among which is th~ granting of Conditional Uses; and NHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "7" of Section 2.2.14.3 in a C-3 zone for a residential unit on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board havihg considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: 13A 1 The petition filed by Mark Lamoureux, P.E. representing Mike Podolski with respect to the property hereinafter described as: Lots 1 thru 5, and 47 thru 50, Block 64 of Naples Park, Unit No.5, as recorded in Plat Book 3, Page 14, of the Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Use "7" of Section 2.2.14.3 of the C-3 zoning district for a residential unit in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: a. The Planning and Technical Services Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91-102). b. Road Impact Fees for each use, shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this I ~ µ.., ~ , 1997. da y 0 f " . ,', . '..:" I\ú u¡- A'l'·1EST: ..~: '¿;' DWIGHT ~.. i?~déK,~CLERK ..:: j,.~~4I1!. m~. D AS TO, RM AND LEGALJSUFFI~!ENCY: m~''J:'\.d_. '))',\ t""':Li. ........ÜA t-. MARJO E M. STUDENT ASSISTANT COUNTY ATTORNEY f/CU-91-11 RESOLUTION FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-11 131\ The following facts are found: 1. section 2.2.14.3.7 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and thereon with particular reference to pedestrian safety and convenience, control, ·and access in case of fire Adequate ingress & egress Yes No proposed structure5 automotive and trðffic flow and or catastrophe: C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D.Compatibility with adjacent prope:~ies and other property in the district: compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: ........ ........'... ."~ .~. " .,. .4' __-' ,- '. .. ,"-"'\ ..,,-'. .....~....,... .~- - .~; ,"",~...!--:.-::~........:.:~......~....lo.l.:"~.":'.. .... ..' ~"'",' . .... - ~. .. . "... .~=~-.- .;.;.~: :-~F fUNDING. OF. FACT .CHAIRHAN/·~~.-,...·--'--·- .--': . . -.",': _-f"-:~ '~:~ '~'_:.,,:~ ._;¡:";>\.",~:~ ~4~~·.~~·:. ':;.:,~",,~""i-..:~ :;:...~~.~..~_.~~~:.~ . . "C"":".:' .... -.,." .~-~. -:.: ..... ~; ..... ..-... .... ~. .-.--.....'''''...''-'''-...---..--------''..------- 1 ,~"",,,-_,__,,,_~__,,,,-,,,,,,,,,,,-,;,-.,,,.,,~,,,,·"""''''_·''_'_hl<,;__'_____ ._,.~ ~. ~ ~ P1'. I~~ ............. 'j ~( ~~. ~C;.......\.. 'F <- ·i ,,- "" Exhibit B NORTH --IlL 13A 1 ¡Ú~. ~f·i·¡ ....,.....: }~,~ !\ \' J~~:> .« f~ J~. ~ 0;. ., :,"~ lr . -'-- ____0 , . 1: þ" . .. ì . '--./ '2- NO R~511)EN11AL UN', ( '0:'0 SF ±) -.....- CARETAKtRS RES\DENCß ..-:-f (\&'5 Sç:±) '. ,f. ""0 . h ~ ~. '.:~) ~ .;JI '., >. . ';, . .' , : ,.~ . 1~" -::. ,f."" f) l~.. 9~ -..---.-- {f) rn CJ o Z ~ tJ) -t o ~ -n r o o 7J U r ):> Z , 13A 2 Collier County, florl~ Ua.Æ:ST fOR lECAl U>V£RTISIWI; Of PU5llC 1lEAa1~I;S 11/2!/!I. ·ssa To: Clerk to the Board: Ple~ pl~e the following as a: r r lE!;!;!j1 lIo~ I l ~a I Advert I .........t c:::=::7 Oth..r: (1)bplay Adv.. location. etc.) .. & J....1 I.,," ......................-.... 1)- '1-97 Orfgfnatln>,; O..ptlOiv: ea..O"".~./turre<'lt Plam;nq Person: ............................. I.&...............*...........~.. ....... -. ...... ........................ --. Petition No. (If none. ,i~ brief óescription): CU-97-8 .....................~ .~...................~.~........................................................ Petitioner: (N~ ¡ addrr$S): Terrance L. Kepple 568 Commercial Blvd Nñpl~ Fl~ 11Q4' .... ¡ Address or any person(s) :: ~ notified by Clerk's Office: (If _re space ""eded, uach Se::-A~ate Shfft) Eagles Nest Worship Center 4160 TcSlÚdni Lr:ai.l, ~UHe I Naples, Fla. 33940 "..ring before: c::::=r ~ c::::=r IZA {=:::J Other ...................... ~ ~.~~..:::::.::.::v-:::::~~:::::~::.~~..~::.::::::.~::::::~..............--..... hquested h..aring ~te: , r. ¥ \ ~ f f í f ¡. , . ~ ,( " ~ t þ f ~" ,", \~ ~. ~ l' ._~per(s) to be usO'd: (~le:e only if irportant c::::=r. (!J;£T I.ples Daily INS or legally required, ,) I_I Other *......~*.~.......,~ .................................A 1 Il~I.................*...................... 'roposed Te,,~: (Include 1"931 cler.::ription r. ct:mIIOI\ location I. size): CU-97-8, Terrance L. Kepple, representinq the Eagles Nest Worship Center, requesting Conditional Uses"l","3" and -4" of the -E- Estates zoning district for a Church,day care and school for property located on Imrokalee 1«:l~::¡K tsQO? éiIX1 east of Oakes Blvd, further described as Tracts 91 and 110, 0:; Estates Uru.t 97, 1.n Sec. 29, TI.p. 485.. Rge. 26 E., Collier County. Fla.. consisting of 4 F. ec.penion pet itlon(s). if any. ¡ pr-oposed l>uring ~t..: ~~,rrore less 4.11 .1 J. .................... L llAI4...¿..................................................................·... Does 'etltion fee Include A.cM!nislf"G Cost? Yes I'5i54l No ,_, If Y'IS. what acCOU'1t dIould be charged for ect..erthing costs: 113-L-:.s312-649l00 P.O.I!700012 ~_ _ _.¿&A..&.......ll~ ~.i .1~ lllll.L .ill &.. ..........................a & ¿ w L w l11.. ................................................................ /1/t ,r:- - < ' 'ì ) Approved by: ¿ oJ Coo..nty Manager' Reviewed by: Division lIeed Date Oat.. list ...tt~,ts:(1) (2) () ... .......L~A..4.......... ... ~.a.............a...................a.a4_¿...&...1~ .&4..............................·......· DISTRIBUTION INSTRUCTIONS A. 'or hearings bef~ BCC or S2A: Initiating person to c~let., one copy .net obtain Division Head -wov.t before ~fttfng to Cou1ty~. !!2!f: If teqat cIo<:un<!nt Is i"""lweI. be sure that ..,., .-:euarv l"'1al r""iev. or ~t for ~. Is so.brined to Coo..ntv "tt~ befor.. s\blittlng to Coo..ntv ICanaqer. The Manager'. Office "Ill dfstrlbute copies: ag«:nda fi t e; , , R7Ei~ oi~~Ion: 6 It> '7 7 to aoorove It ori..inal flta. __..__....,,'_'"",'.____..$>,........_...._"'''._'0;""''''"'''''''''''''.....--_..._,_--..._,." ,)' ~ ' ,). ~ 13A 2 RESOLUTION 97- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH, DAY CARE AND SCHOOL CONDITIONAL USES "1", "3" AND "4" IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER COtmTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Con~rehensive Zoning Ordinance establishing regulations for the zo~ing of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Uses "1", "3" and "4H of Section 2.2.3.3. in an "E" Estates zone for a church, day care and school on the property her,~inafter described, and has found as a matter of fact (Exhibit "A":' that satisfactory pro\rision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: ,..- , "-I ~. ;F I I 13A 2 The petition filed by Terrance L. Kepple of Kepple Engineering, Inc., representing Eagles Nest Worship Center with respect to the property hereinafter described as: Tracts 91 and 110, Golden Gate Estates Unit 97 as recorded in Plat Book 7, Pages 95-96, of the Public Records of Collier County, Florida. .. be and the same is hereby approved for Conditional Uses "1", "3M and "4" of Section 2.2.3.3 of the "E" Estates zoning district for a church, day care center and school in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: a. The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance No. 91-102). b. The total combined child care and school (K-5) enrollment shall not exceed 300. c. The maximum seating capacity for the church shall be limited to 700 seats. d. A ten (10) foot wide Type "B" buffer shall be provided along the western and southern property boundaries, with more stringent screening than required in Section 2.4.7.4 of the Collier County Land Development Code. Trees shall be spaced a minimum of thirty (30) feet on center and shrubs shall be spaced a minimum of three (3) feet on-center, with both trees and shrubs located on the outside of a six (6) foot tall architecturally finished opaque masonry or wooden fence. e. Upon request by the Collier County Supervisor of Elections, any buildings deemed appropriate by the property owner and the County, will function as a poll site. f. Access to 24th Avenue N.W. is prohibited. g. Provide a fire hydrant serviced by a minimum 8" water main within 500' driving feet from the structure. NFPA 1:3-5.5, NFPA 24:4-2, Collier County Land Development Code (LDC). h. Fifteen percent of the existing native vegetation shall be retained on-site (6743 sq. ft. of native vegetation shall be retained in accordance with submitted vegetation inventory) per Section 3.9.5.5.4 of the LDC, as amended. Illustrate the area of retained native vegetation on the site plan, at the site development plan submittal. I3A 2 i. At the time of SOP submittal, provide a wetland jurisdictional determination showing the SFW~ line and the ACOE line. Prior to final SOP approval, all agency wetland permits shall be submitted. j. The applicant shall be responsible for the installation of arterial level street lighting at all project entrances prior to the issuance of any Certificates of Occupancy for the development. ¡' ~ ~ '" f ~ . ~ [ ( r t . k. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system 1. Under the two lane condition for Immokalee Road, the applicant shall be responsible for providing appropriate turn lanes and compensating right-of-way. The compensating right-of-way shall also be provided under a four or six-lane condition as set forth below. Compensating right-of-way for turn lanes and median areas shall be dedicated by the applicant to reimburse the County for the use of existing right-of-way prior to the issuance of any Certificates of Occupancy for the development. Such dedication shall be considered site related and there shall be no road impact fee credit to the applicant. ~. Under a four-lane or six-lane condition for Immokalee Road, the applicant may be constrained to right-in/ right-out access movements. The County reserves the right to restrict andlor modify the location and use of median openings in accordance with Resolution 92- 422, Collier County Access Management Policy, as it may be amended from time to time, and in consideration of safety or operational concerns. Nothing in any development permit issued by the County shall operate to vest any right to a median opening in this project, nor shall the County be liable for any claim of damages due to the presence or absence of any median opening at any point along any road frontage of this project. n. The applicant shall reserve a fifty-foot strip along the entire project frontage for future roadway right- of-way prior to the issuance of any Certificate of Occupancy for the development. The County reserves the right to acquire said right-of-way at a fixed cost for land and improvements without severance damages at the time needed. The basis of cost for any such acquisition shall be at the present market value based on the present zoning or on the applicant's cost to acquire the land, whichever is less. c. Land acquired for right-of-way may be eligible for road impact fee credits in accordance with Ordinance 92-22, as amended. Any such credits shall be subject to approval by the Board of County Commissioners. p. Road improvements required for this project, both site speçific and system capacity, shall be in place prior to the issuance of any Certificates of Occupancy for the developments. 13A 2 q. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA 8Y: TIMOTHY L. HANCOCK, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~-1.u- ÌÎ¡· ~ MARJ IE M. STUDENT ASSISTANT COUNTY ATTORNEY ~ f/CU-97-B/res t. "'" 1.~ ~ ,. ',~" , ;;:"r' . "',l'~ .;(t':,: . :j ,~~, ;0.0 ,\' . ~~l ¡ j.-,~~~: ".,-.,.',:." .:....:::.;1::'\ )~~þ ,':';..~,F:' :;:fri. ...1~tw(·;r.:~~f ."i.~(.'1 .~*þ, ::~.~~.:¡,,: , '.'.... }II<.'''.'"' ,~,' '~~/. ~ '- \;.;.< ,g¡,!¡iiI:í , 1:r;~"'í, .:b;~,: jffl%{:: - , ,:w.jU;, . ~)V~·;:J \ ~~:¿:;d: .\, 1~Š;'j~,:'·~ ~t~r:.· );~d:; :~ 13A 2 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-8 The following facts are found: 1. Section 2.2.3.3.1, 2.2.3.3.3 and 2.2.3.3.4 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and thereon with particular reference to pedestrian safety and convenience, control, and access in case of fire Adequate ingress & egress Yes No proposed structures automotive and traffic flow and or catastrophe: C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No -- BaHed on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DA?E: CHAIRMAN: !/FlNDWG OF FACT CAAIRMAN/C\J-9'7-9 . - EWhibit "A," .. '."J':,'., .,.'~' ,';""'~' .: -,",.: ',.,.... ," " :/, :" "', ....: .:'. ...: ..,: ;~'.': ,,'~,.:: ~ " "',':.': ..:". '. . ~ r i I I ,. I I I 1 : \1 : I 1 I 1 I : I I I I 11 I : I I 'i ì~ I I ti 1i I EI 'õ'1 !: I I I I i 1 I ,. I , , . 13A 2 , .. ~."'.." · .. . ., .. . .0 .. . ., .. · .. . .. 0' .. · .,. . ., .. .. · .... ". ....... .". ., .. . .. .. ~.. . .. " -. .. ... .. · " .. . .. .. . ,. .. .. .. . .. .. · . . .. .0 .. o. .0 . .. '" · .. . 00 .0 . ~ I I I I r--i : I : I : I : I : I : I' : I ' I I , , , .. I , E' . ~.. .... .:=...N' · ... . .' . .. '0' . : :: ::.:: :':::::::: ,:: I I 1 ..- .-...... 0- CIj ::a ~ . , , . . . 'u I , u! c ~ o I~ .... ] If ifJl1 . II Exhibit "8" tJ f.1 m '1 II bd I ~ I J..n Fä Ii nu 13A 2 PAX . OF PAGES 3 (DICLtJ])]]!G '1"I[[S UJV .IS.K) u:x:AT:UB : PAX BO: J~ ~. ),-11 TO : cc ~KIV".LIß: Ctt-f7·Y PBaI: L - LOCA'!'ICIIJ: COLLIER UI\JJ.'!ITY UJUK'.[]:aJU$Js PAX J!JO: .- (941) 774-8408 --...~'''. ~ NO: (941) 774-8406 DATE smn' : )!~ /97 / .-I TDŒ SE9T : 11,',;( .) --..------ Ø45 05-08 15:52 00" Ø3 ' 53 CASTELLE CJ< 4 ~11 046 Ø5-08 15:57 ~ 02' 43 92634864 0< 3 ~lB 047 Ø5-09 æ:S5 00" 02 ' 02 92634864 CJ< 2 ~1 048 05-B9 09:37 00" 133' 52 9414344652 œ 6 ~11 049 05-B9 10:27 00" Ø2 ' 00 92634864 0< 3 Ø68C~18 BS0 0S-Ø9 11: 16 00" Ø3' 16 97034864 0< 5 ~11 051 øs-œ 11:28 00" 02' 47 92634864 0< 4 068C~16 052 05-12 10:42 00" 02' 07 92634864 0< 3 ~ Ø53 05-12 11:00 00"02'131 92634864 0< 3 068C.~lC 054 05-12 11:24 00"02'02 92634864 0< 3 ~ TOT~ I:IPGS 50 -------- 13A 2 \1 f .1 .,J ~. May 12, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 /, Re: Notice of Public Hearing to consider petition CU-97-8 Dear Judy: Please advertise the above referenced notice one time on Sunday, May 25, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Enc 1. P.O. No. 700012 13A 2 I ~. ( . , ,'í , ."j NOTICE OF PUBLIC HEARING Nc.tice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JUNE 10, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County GCJvernment Center, 3301 East Tamiami Trail, Naples, Florida. The mE!eting will begin at 9: 00 A.M. The Board will consider Petition ClT-97-8, Terrance L. Kepple, representing the Eagles Nest Worship CE!nter, requesting Conditional Uses -1-, -3- and -4- of the -E- Estates zc.ning district for a church, day care and school for property located on Immokalee Road (S.R. 846) and east. of Oakes Blvd., further described as Tracts 91 and 110, Golden Gate Estates, Unit 97, in Section 29, TC1wnship 48 South, Range 26 East, as recorded in Plat Book 7, Pages 95-96, of the Public Records of Collier County, Florida, consisting of 4.6 acres, more or less. .. ., " All interested parties are invited to attend, to register to speak and tc' submit their objections, if any, in writing, to the Board prior to the public hearing. 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 to be based. BOARD OF COUNTY COMMISSIONERS CCLLIER COUNTY, FLORIDA ." ....'" TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK ~ By: Is/Sue Barbiretti, Deputy Clerk ( SEAL) 13A 2 MélY 12, 1997 Terrance L. Kepple 568 Commercial Boulevard Naples, Florida 33942 Re!: Not.ice of Public Hearing to consider a petition CU-97-8 DE,ar peti tioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 10, 1997 as indicat.ed on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 25, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. .cc: Eagles Nest Worship Center 13A 2 I May 12, 1997 Eagles Nest Worship Center 4760 Tamiami Trail, Suite 7 Naples, Florida 33940 Re: Notice of Public Hearing to consider a Petition CU-97-8 r, Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 10, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petit.ion will be published in the Naples Daily News on Sunday, May 25, 1997. t You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Terrance L. Kepple Maple. Deily Hev. Maple., FL 33940 Affidevit of Publicetlon 13A 2 BOARD OF COUNTY C~ISSIOHERS FINANCE DEPT. - TOBI G~lNG PO BOX 413016 NAPLES FL 34101-3016 NOT1Œ Œ PI.8.X tEARING ~ Is hIInIÞy tMn tINt lit _II " CoiI1Iy CœwnIssbIlll. " CGIIIIr CoIny, ~ ~ ~1Ie hecI1ne 011 T\.eOo\Y, AdInInbtrvIIoIÍ I ~ ~ FW, ~~1c:rT= ~. ~~.. AiIr1da. TIll .... .. III- . .. 'MV A.M. The .. CIInIIdIr ,. No. CIM7-1, ~1Cf L KtPPII. ~ lie Eagles Nest w.:.Np een; Þer, ~ ConctIIonaI . · ar.d .~. of !tie "E" EsIafes '='*i. ~ b' 0 ctG'Cll, ðt:rf an CIId tctIoaI ... ~ Ioc.aIed OIl !rnrnc*oIIe RoacI (S.R. I46J Trods~lof~I~~ UnIt f7 t.1ft Sec:Ion 29, TowIIIND .. Scull: RDIIOI » Ecst. . recorded In Plat .. 1- ~ ~ lie PIÞIIt RecødI " CttaJ. _n" .....- --. œn:iIffnt " .u 00'1\ moreCl'..- ...... All... ~ øœ1hs en InYIIId 10 at- ......, ~ to .,. and 10 ùmIt ~;r;;'h:=~':""" 10 lie Ñf'f perJOII who decides 10 CIPPIICII 0 decision " lilt IIocrd .. need 0 record " ~ per1arq ~ and ~ ,may need 10 ...... tIIaf 0 vow. ""'." I1aJn III the 'I'OCIØIS Is modi. wNdI record Indudn !be testimony and :=:a ~ whidI the ~ Is 10 be BOAAO Œ COUNTY COMMISSIOfès COI.1..ER CCUHTY A.ORI:IA.. . TWOTHYL~,,-~ D1YIGHT E. BROCK, ~ By: /11 Sue 8a1IhIII, E;~~ I I . f. ~ i REFERENCE: 001230 -700012 51492200 HOTlCE OF P\IØlIC HEA Stett of florida County of Collier Before the under.lgned euthorlty, personally eppetlred B. lAlIb, who on OIIth "Y' tllet 1M ..rYeI II the A..istent Corporate Secretlry of the Nlple. Deily Nev., I daily newspeper pub I hhed It Neple., In Collier County, Florida: tllet the Ittlched copy of IIdwrtl.ing w. publis.,*= In Hid new.paper on dete. l \steel. Affltnt further HYS that the ssld Maple. Dally Mev. h I nevsp¡¡per publ ished at Kept.., In ..Id COllier County, florIda, lOcI that the ..Id MWlpllper he. heretofors been contlnuou.ly publilhed in Hid COil ier County, Floride, Hch dey lOcI hn been entered .. .econd cl... Mil setter It the po.t office in Neplss, In wid Collier County, Floride, for I period of 1 YHr next preceding the fir.t publicetlon of the Ittlched copy of edverti.e.ent¡ lOcI Ifflant further ny' that she has neither peld nor pl"Olli.ed IIIT1 perllOl'l, fir. or coporatlon eny di.count, rebate, COIIls.ion or refund for the purpose of securing this edvertiaeeent for publicetion in the Mid new.paper. No. 1OIJ7113 ~ to ~ t ß r t i 1 MIL1SHED 011: as/25 AD SPACE: FILED 011: 4.667 INCH as/26/'fT Signeture of Affiant /5' . I -~ ~ . SWorn to lOcI Sub.cribed befO~. .. this& dey of ??V:J 19!Ì. 7 'eraonelly known by Ie ')( trÙrÞ... (; 1-..J... (\...,.---/......., v' ...::;r..:.¡;;;... Juct\tI A. AirIÏIII l~~' ...,,.-., --- , ~m £XPtRE5 ".0 0:,_: MY ~_. ~\. '/j F....., 19. 2000 ·.1;"....;.~..· ÐŒI)_nml"'~ not ."..'r..;..... f ~. 1 7,Ä 2' RESOLUTION 97- 273 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH, DAY CARE AND SCHOOL CONDITIONAL USES "1", "3" AND "4" IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conf~rred on Collier County the power to establish, coordinate and enforce zoning and such business regu1ation~ as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Uses "1", "3" and "4" of Section 2.2.3.3. in an "E" Estates zone for a church, day care and school on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and ~HERF.AS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board havin; considered all matters presented. ~OW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Terrance L. Kepple of Kepple Engineering, Inc., representing Eagles Nest Worship Center with respect to the prope=ty hereinafter described as: -1- 13A 2~ Tracts 91 and 110, Golden Gate Estates Unit 97 as recorded in Plat Book 7, Pages 95-96, of the Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Uses "1-, "3- and "4" of Section 2.2.3.3 of the "E" Estates zoning district for a church, day care center and school in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: a. The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance No. 91-102). b. The total combined child carp. and school (K-5) enrollment shall not exceed 300. However, until the 4 lane improvements to C.R. 846 are completed along this segment of roadway, the maximum enrollment shall be limited to 150. c. The maximum seating capacity for the church shall be limited to 700 seats. d. A ten (10) foot wide Type "B" buffer shall be provided along the western and southern property boundaries, with more stringent screening than required in Section 2.4.7.4 of the Collier County Land Development Code. Trees shall be spaced a minimum of thirty (30) feet on center and shrubs shall be spaced a minimum of three (3) feet on-center, with both trees and shrubs located on the outside of a six (6) foot tall architecturally finished opaque masonry or wooden fence. e. Upon request by the Collier County Supervisor of Elections, any buildings deemed appropriate by the property owner and the County, will function as a poll site. f. Access to 24th Avenue N.W. is prohibited. g. Provide a fire hydrant serviced by a minimum 8" water main within 500' driving feet from the structure. NFPA 1:3-5.5, NFPA 24:4-2, Collier County Land Development Code (LDC). h. Fifteen percent of the existing native vegetation shall be retained on-site (6743 sq. ft. of native vegetation shall be retained in accordance with submitted vegetation inventory) per Section 3.9.5.5.4 of the LDC, as amended. Illustrate the area of retained native vegetation on the site plan, at the site development plan submittal. -2- ~ h. .' ~ i, .. ...., ~ ~ 1 ì A 2' ~:- i. At the time of SDP submittal, provide a wetland jurisdictional determination showing the SfWMD line and the ACOE line. Prior to final SDP approval, all agency wetland permits shall be submitted. j. The applicant shall be responsible for the installation of arterial level street lighting at all project entrances prior to the issuance of any Certificates of Occupancy for the development. '; k. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system 1. Under the two lane condition for Immokalee Road, the applicant shall be responsible for providing appropriate turn lanes and compensating right-of-way. The compensating right-of-way shall also be provided under a four or six-lane condition as set forth below. Compensating right-of-way for turn lanes and median areas shall be dedicated by the applicant to reimburse the County for the use of existing right-of-way prior to the issuance of any Certificates of Occupancy for the development. Such dedication shall be considered site related and there shall be no road impact fee credit to the applicant. m. Under a four-lane or six-lane condition for Immokalee Road, the applicant may be constrained to right-tn! right-out access movements. The County reserves the right to restrict and/or modify the location and use of median openings in accordance with Resolution 92- 422, Collier County Access Management Policy, as it may be amended from time to time, and in consideration of safety or operational concerns. Nothing in any development permit issued by the County shall operate to vest any right to a median opening in this project, nor shall the County be liable for any claim of damages due to the presence or absence of any median opening at any point along any road frontage of this project. n. The applicant shall reserve a fiftY-l~Ot strip along the entire project frontage for future roadway right- of-way prior to the issuance of any Certificate of Occupancy for the development. The County reserves the right to acquire said right-of-way at a fixed cost for land and improvements without severance damages at the time needed. The basis of cost for any such acquisition shall be at the present market value based on the present zoning or on the applicant's cost to acquire the land, whichever is less. o. Land acquired for right-of-way may be eligible for road impact fee credits in accordance with Ordinance 92-22, as amended. Any such credits shall be subject to approval by the Board of County Commissioners. -:)- p. Road improvements required for this project, both site specific and system capacity, shall be in place prior to the issuance of any Certificates of Occupancy for the developments. ~: ~~-" ~; N:, < W {i\ f' :1:, ' H t, ~.' ' it'; ~'t., 1 '3 A q. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. i ' IT"f't.ffiTHER RESOLVED that this Resolution be recorded in the Of~¡~"'J¡oard . . /". ..... .BE " r· mit,ut~s This Resoidt{on adopted after motion, second and majority vote. - // jl. day of ( Done this ¿ N, ,'<! 1997. .~'..'(...~..~.\~... r .... ~: '. ,.~,: ....:'.... ATTEST: DWIGHT E. BROCK, CLERK 'h /), ,:- (7. ¡'1 ~~Í>'~~ F~'AND- LEG~ SUFFICIENCY: 1:D.a~Ú-L- -')1 ~~ MARJ IE M. STUDENT ASSISTANT COUNTY ATTORNEY f/CU-97-8/ns -4- 2 I I ....- - -- ~I --- -- - .- 1 "3 A ·2 . FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-8 The following facts are found: 1. Section 2.2.3.3.1, 2.2.3.3.3 and 2.2.3.3.4 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes "./ No - B. Ingress and egress to property and thereon with particular reference to pedestri3n safety and convenience, control, and access in case of fire Adequate ingr~s~& egress Yes c.-- No proposed structures automotive and traffic flow and or catastrophe: -- C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~o Based on the above findings, this conditional use should, with stipulations, (copy attached) (.&h~d...not:) be. recommen~for approval DATE: 6J1'lf CHAIBMAN:.-aí/t·,{¡¡t.f /1,- I'llb urn'DING Of fACT CHAIRMAH/CU-91-e E - 1- -- xHI t.' \ ·A" '. L .' ...: .' " . ,_ ¡~:': ' ,.'. ,.,. " " --'; .~··r.·: ;'. ".. ,... : ".. I' ,;, ;' , , I I , I /1 r I I I I I I I , , I I I I ~ I I I I' · ... . .. . I · '.. '. . . ...... I : I I : :: :: :. :.: :::::: I I I ' I I , I: I I ¡ ¡ I I I : I : ~ I · .. ... . . ". .. '. .. I I I' I I I I . I I I I I , Þ. I I I : DtittftO-tttiffH{] I I J I I I , I I I I I , I I I I , I I I I I' I I I I : : I J.I I I I , I I , I , I ¡ I I II ! i I I . I r : I i I , I ' , I ~ :¡n .. Ih m J : I I " I , I I --ci II :'[, I I 11 II I~' I~I g J.I tJ I I I I F. r , ., I 0 I I :.~ I I I I I I, , , I , i I I I I L¡ I , I I I' I '. ' I , ~~ ! I I I I I , ~i r : J II;.; J. ' I' I I -- ....... I ~!I ~ Þ I , JI ,{ ..--- I} --= b. 'IT ~ 0.. a; ¡ ¡ ! M ::E ! t= s::: -' 2J t II ;~ 0 201 f JIJ.lI~ ûh :;:: . ;" C i _.1 -lli~d .IW.! J .... 0 - -.11:; 1: .._ .9 II ":!I" I J I~I J'o ..J .f I 'IF;;: ~IID .!I ~3~ :. <,~¥L:' :;~ -':<...', '~. :.; '>:. i', ';'. '. '" '.. _. ....:, :'...' 'Iii,);,!'_<, . 0 , I ¡ î ì '~ I ¡ ;1 :¡ ,~ :2 ,",j ...:'.~ ...:......:..' ?...J......~.! 7,' ,'t·,..' . .:,~ ~~, , : ,'f '; ~ '.~' ;'.~ ,eO .?,:j ';.~. ~1 '·:\1 :,;,.;~ ·jM .:.;'{ì\ , ~;.J:" .,.,:~ '~;~1I ... ':"'"~ 1- .:-t~ .~; 21l (: 1f::'" ,:f..i) J' .cæ...~~.rf. ;~~ ..~~~... "",-..., ,;~~ìf. ~:pJ£ ,~.. ,,-X , t:.!',~ ~:~;;I. ù.iJi i~.J.¿ if.., .-t.{, V)J l~t..... ·l-f" "\.: :__ ~~~\'r· " ~ 1~; :-~;.';~;;.', eKh,p'>·, ,. .. " ; ~... . " ".!c" . j ~ J . ¡ .~ 1 J ~ ¡ :$ 16A 1 5 The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approvaJ 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 Director's approval of the improvements. However, in no event shaH the Development Services Director 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 shaH maintain aH required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shaJl petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shaH inspect the improvements and , if found to be stiH 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 subdivisions performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or unti] the Board accepts majntenance 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 Development Services Director to reduce the dolJar amount of the subdivision perfonnance security on the basis of work completed. wh request for a reduction in the dollar amount of the subdivision performance security shall be acc.ompanied by a statement of substantiaJ completion by the Developer's engineer togethe( with the project records nece:>sary for review by the Development Services Director. The Devdopment Services Director may grant the request for a reduction in the amount of the subdivision pcrfom1ance security for the improvements completed as of the date of the request. 8 In the event the Developer shaH fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may caJl upon the subdivision performance security to secure satisfactory compJetion, 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 performance 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, legaJ and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfiJl aJl of the provisions of this Agreement. 9 All of the terms, covenants and conditjons herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. 2 ""-"".""'~,._"..,...., '"'..,,,' '. --- c......_.....""".....,......."..,.".-_ .-... -". -.'..." ].( '--.' . r·· . .-'.-~ -. ,:-'-". ...1·'.'111-:, ",'. '. :'.-,- -.- 'NJ . ENGINEI:RS ESTIMATE OF PROBABlE COST BRIARWOOD UNIT FIVE (REVISED 10/25/95) OTY. UNIT POT NILE WAn II I· ,.....C FIA( HYD WI VAlvt 3· COND\JIT I· GV Jl'{IIM. tAM~ POINT TEMP. SlOWOR' TDTAL WATEII 1323 LF 3 EA 851 LF 3 EA 1 EA 1 EA DRAiNAQ( ,~. IICP 1 I· IIt;P 16A 1 COST PIIICE I'.eo 112.'0&.40 11.&00.00 1.,&00.00 U.IO 11."2.10 17~.00 12.175.00 17~.00 1725.00 '100.00 1100.00 122.e51.00 ORATE INLET CONClltn HEADWALL THAOA T INLIT TOTAL DRAINAGE 110 LF l1e.2O 12,' 1 e.OO 112 LF 120.20 '3,171.40 , EA IlIO.DO Ino.DO 1 EA ".C!IO.OO . 1 .060.00 2 EA fI.21IO.00 12.500.00 111.32...00 315L IV n.2O 112. e6e.00 "U IY n.1O "..231.00 "US $V '1.20 "0.M7.oo "" " .. ... .'1,". .. 170 LF le.21 " ,065.70 128 LF 18.20 1713.10 215«3 LF 15.20 113.7.3.eo 1 EA 1300.00 1300.00 1 l5 11.750.00 11.750.00 lS ltoo.OO ".too.OO 171.187.eo PA VINO 1 1/2· ASPt-IÞ,L T !2 LFTSI e· !A5E 12· ST~Il1"O S<W".Ao\DE *"'* .. tit"" TYPE A CU~8 TYPE E CUF.8 VALLEV CURB TE"'POilARY TUAN AROUIIDS SIGNAQ(/STRIP!NO !1~ET lIOHTtG TOTAL P^vINO :ARTHWQRI( ,;I..EARINO :IWALESIII£II"'S 'IOOOINO lAJ(ES.SWALES,BERMS "OT AL EARTHWORK 2.8 AC 11.IOO.DO ....eeo.DO 1 lS 17,ln.OO 17.1n.00 lS ".000.00 ".000.00 11 ~.'71i.00 ! IAN IT ARY SEMA I.· PVC SANITARY ~A IIANHOLES 1170 LF 4 LF !. SAN IT ARY lA TE RAl ( lEANOI.JTS 1 ° TAL SANrT ARY SEM II ee 1 IF 20 EA TOTA¡, B:>ND.110... 112.70 11.200,00 ".."'.00 14,IOO.DO '5.70 173.~' 13,787,70 t\... 71.00 124,"7.70 o_.u 11".:nII - <'__"'_'>e..,,',,_.,,~ .........::.. ,:,_, _. ~'~þo' '.. ,,::..1,\ ";.':'. ....,.. ."',' . I.....,.. <t,', ":.: :, "1",'.., ./' ~~J:. t'~f'~ .._ . ~. >/. , FAX 16A 2 I OF PAGES 3 ( INCLUDING THIS COv.tU<) TO : () ~c\ / ' fJ1\. b --1'1 LOCATION: FAX NO: f/!V-f'7 -.Çþ t/ CflM'MRNTS: FROM : /:£ , POeLIC NOTa !S <).IIft il, tfit'1 tit bri of CW1ty Corn- " ~ wi! CInIIdiir . ~ 10 Y0- !. ca!tI C pt;I1Io¡ ~. ~ f1IQIl'dtd PI« « "1(~ M'" Two.~ <I" Q)o I~Nt ~ ~.. .'(1 ~ Y.-:M". Tht _./1 ~ t\) ~ eft 11'.1 CÀ!Ut.t AoaIdI1 a ""iQ!COM.v.!"IÐA- TJaoI TO ~ 1=OR ~C1HG THE ~ fIioW.. PlAT ~ "HM\PTOH Rr::Ni" AHO AP""I!O'Æ THE V},CA1"k>N OF A. PC~TIOH OF nE RE<:aIDED PLAT OF "1(EHSffG. TON PM!( fH.\Së T't¥O.¿~ A.V. t7-4k Ptnons wishing M"IIIf Irtcnno- ten, « 10 hM .. "'"' I"In!iMd from 1M ~ AeendII en! pIaa¡d en h ~ A9InIa t/QIId CIII\IIact ftIe PIanrin; s.v.. lea Stdbt ( "'4 ~ 0MI0p. /IIQOt and ElM "'.,""~ SfMr;a DMå;:n 01 Collier ~ Govw'nrnIfI't cI &~. Maf~.w1 . Moo MIMO "'I .....&.JlC..W('\TV:"C LOCATION: COLLIER COUNTY co~~ FAX NO: .. (941ì 774-8409 --. .-.-- ~.; . PHONE NO: _12~1) 774-8406 DATE SEBT: / 1 5'107 /9 ? / / /{) . 3 v TDŒ SENT: .. 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'.. ... . ) . ~ , I . , , '1" , " ,..I I , >. , . !: .. .....:"." ',.';'" -. / ~, ," '. .\."' " . 16A 2 May B. 1997 Hs. ,Judi th Flanagan Naples Daily News 1075 Central Avenue Naples. Florida 33940 Re: Notice of Public Hearing to consider petition AV-97-004 Dear ,Judy: PleaSE advertise the above referenced notice two times, one time on Sunday, May 25, 1997 and Sunday, June 1, 1997, and send the Affidavit of Fut·lication, in duplicate. together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700012 - -._____"___.n__ - .. ,J'.;. ...~.¿:/:"" ~t:~:·~; ~)~. v:..¡, '1 ,Þ,þ t...,:l ~ f t,.·:,.., ~;-...::~}~~)..~.. ~'},I.~~':.(.. HI:'" ;fl' ~~.': ...;";.~ ~'!~~,,,,,; ·i[;,"1·~tr·ul;,,~, " r:~~¿'~~t.:':·\~~~~ 'Þ~;:4- "t·", ~~"~-:-:.1.¡~ '. r: .~: f&f'.~~:"~c;~,~ ~~~ ,':j..i",:. j; 'f~ .....:. ~~t/~t1f··..:·~ ~\ '~~f 1'-·~·.t .".'" ~T'.·, )."...... ~"-;<' I,.r, ','.'1: ";'$tiIo"I:}l·;~ ~.""t'\.. 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';'I''';1''~~':f. ~'r.~~ '~";;~'~(L!Š~:¡.'- '~.(,,:.~...}.¡,,¡:<'''. · "i ':}i, J..,î ",.,:,-. . :;~~;.~(fo·t'",J.~ ~=~f:J;; ~i~~~;.( , 7_.'}j;...t¿."!J~-t\..:·,,~ '1:'~:~"~" ""'::!.1;~~.\5..~. ~:..~~W: ;.t:f,;:- ..... . "",',,\ r',·· ··i·~1.i!":~~~~ ." , ~.,. ~1~"'''''' :J¡,iil4t~.;?!-·tJ',,~: ::-..;·"'....-i.;:Jf~;{~ .~~.......J,..;.v:,.~,1... {..'~·(fY J;-~~. ~~~'~\>~'~/~i"t · rj.-;f{:~~.~': 1t "!i.:,"'\'''.'' .. 'i.'I: í.':t~'ï: . ~...~<:,":~;:·~t\~· lfl. "C'" '.1,'4 ":" ~~~ ~\P~'f:::f,;~ ~td\~';:~'~' ::¡r.¡...;-...,., ¡t' ''''J!i~¡:t'''' . ·.\i,,~~·H·¡;, -";.'1;:,"-:' .~J;;r ~~:'~'J~';:~i;jr ..-;¡ " ~-;'¡l~~;fj~ ·2~:;~, ::;~t41 '·~;):·k;·Ç·.'';' ~~P[ ~~¡~~\'-~.I tï~~J";''¿;'\~i~''i''¿ ~ "'!·'::!I:l,;'Y,~,...f" .~ ·,;,~'~:i"(·~í·- : :.; .T":1~..·. f" 'f "~~''1',;::~''1¡';: · ",,,~,,,,'.e-.~1~ .1\.,,:ç·¡:J.7iiJ' J "':'t:..~rh~("~'" ! . ~~ ~A-..I ,t -t,~;rþ":âWt h;"': ~;,l~"(" -:"~ð :i~, f~I;",,,,> ,.., .... . \r·þ·(>..-",..l'''r·'~''~ .... \. ""C~ .... '. 7'~ " \.....,.........,. '... '" '.: ~'~~J:;/ ".~t:.:}:~~, ~;' I~' ~ '. . J'- .: ~ . ~ ~~ ~. '4 . ~ .'1.· '( ~ :~, !". ,~ i ~,,\';.. < .! , J.;......<.......J::'... ~?I"'~ _..-.... .. 11... I l t 'J.., .' '). '. ·l'"\'1t~'\·"'"",..." ""¡ '.. 1"lv' " ~ ,";,' ..." ~ ~..I'.. ....,'- ""..'.. I ·*IJ.J0Ù~~~··:; :S/,,;:: ,:; :¿:: ,~:::: :::>';.,:!~;i;:: ''c 5:";': '.;::;:~':. 16A 2 PUBLIC NOTICE On June ]0, 1997 the Board of County Commissioners will consider a nesolution to vacate a portion of the recorded plat of "Ke::1sington Park Phase Twû", and approve for recording the plat of ~Hampton Row". The item is scheduled to appear on the Consent Agenda as "RECOMMENDATION TO APPROVE FOR RECORDING THE FINAL PLAT OF "HAMPTON ROW", AND APPROVE THE VACATION OF A PORTION OF THE RECORDED PLAT OF "KENSINGTON PARK PHASE TWO", PETITION AV-97-004". Persons wishing further information, or to have the item removed from the Consent Agenda and placed on the Regular Agenda should contact the Planning Services Section of the CO~Gunity Development and Environmental Services Division of Collier County Government at 403-2400. o. "~ .'. .. " . "'I , :1 \' .' ..", . " " ........ i~-i' . '. . , ". ".,..,.... F,....,..._.....~_"",,.,""" ~l~?~~"'~:~t:fJ~~·~· ;..~~;. ~.,:.;~Þ: ~!. .It ii..$ ~.f: ,,"-:... . ~. .,)'.. ,'- .,' ~ to- . ,/, .;:-J~;~{~'~::".' .... ,,'~.. . , .:.:~...,jl';.·I':f , ;¡~,/:,j:~~~:\:' l'~t~;~~~~~:t·; :, ~i~:7¡;f~,.o:.".~ I"'.......J?,.~ ...;:-=·t>-'.· .~ 1~'.V):!.~~·;;, 'f"t: -,. ~., (';.. .. · "........ ,.~.' " ......rCf'--. .'..1 »ij::,·~·· ht/" \ ~W~!i3h*~~; .tþ..'.....:;¡,··~..'~.·1'''" "'l~~~t: 1'-':' or. w"~ ~~b:i~, ;~:,i-~;~.'~ ~..... . .... r J..';~.:'./~ J":¿"'\~~:' ~ .~.,,( }~'" ~ 0{ ,r...':( "ç~~ ,;;. ·r·...· :i;:j:~/:~:1:~~f~' ~}fC...1:~. ~'~-"~'.'" ..) ~:.jJ;t/ I~J:¡·.",·~o·~ f.~·::O·!"F·J·:<" i""~'~·:~;:: ./~;.~:. ...~tr.~ '~'!- ~f1-:~";'''''.. ''f.I 1" ., ,. . ~v~'i:;~\ (" ;'¡":.$~ :~~::~>~l;· ..l::.t.H,..·;...~...~ !~~{::..:¡. ';'!..;/ ¡(.i..~~;~; ..":,,,tl~~ '. \ ~~~ :;."~~~4"', ~J. ..!J~~"f'..~. "¿o\ f' ;~~.." t·::-:~'il"- "~f"'. ì.·.f", ~...#~, <:,. ì},!:ì~~~,~:;:i:,\ \~ ,I'f :¡.: .'. .'~"ß¡;; ~b~-\..,··..,t !'f'\'", '(~'i~~::~'u~,~~:s .:;; ~~~ ......~ '.'_ í'.·L" '... '1 ¡".. :. _~I- ~"'.'3i!a1'~~·l' "p ~~1~1~; · !~~..t.~~.ì\ .~.; ::~ f( ¡" '"t ..~..." ~....,; "I' ·?il~:¡¡~H:...~·1 >~~~~V;:F:f.;: . ".f""" . .,."..'J t . 1;r~ ~.;~.¡~.~.~ '.~~ · .,¡"~::''';''''''.¡' .1.~:~7 ~ ':":1, ¡~. ! l"~~ ¡.:r..... ,..\.,~,.: .,~ ..'1>:.... .",..... h-:" ~~f.~J:t;1h·· .~:~:;:£(~,.::~J'~:I ..rúir~~I.:;;~: "{',:; 1$~ H' ,.~ :!J.'~ ~ ;t~.r..'\.)-" II'f: "\~-~,;.,, .... " ~....' '. . .tlr'~:l"":¡:':! '.. ..~ ~ ,toi. ". .. ,.., t .-'i'.'-~ ;t'."~ .. ...rt:":1~-'# :,,--:_~;:J . ·ti;:;~)~i:y. .~t'·>~Æ·f" ',.?", ;.'~ ~f¡; ·r>!·~J',~·..t- .\t; ¡l F::~·'· ~iHt~ {~;:. ;.f..\~..,;.~.t. Fn·'\t:·- .~. ..?'~~" ··f· é';'~·,,¿:: '" ~.... ,_ at",." '. f . ~ .....,... -r= . 1J,ßt~~·J:~ '#:., ·;~'i;/;P~ :J;: ...~" :'~\J',~\.:\ ;~;·d¡f:~1' :'1~-f; ·..Jft~r,; ~ "1'. ~'i f \ë ,. ~~ ··&,'.f'II(','J' '. .kr~; 1·~,~-·.:\1·· .....,., ,tf.... ~.':-...~J.~ :..;;~..:,:.:. f. {.;,.~ (f"'¡ ,I'. .\',.~ ~". · "'!,¡,...;.....,t...... fÞ)t~.. ~~"'r.:';" ~~';' ~.~.~. ~~.f~./~ ;:~)~ K,r;· \1..·.;.:'~ f(i~Hr~;;j;t.it: ~~ .:.: ~...;-~~!.I.,,~~.. J~t~t;l~ ñ'! in .,'r....:: ·~7~~·::..:.;·5."..~··~·:·~..·_~·!/~'.:;\· ..._...J.:..::......:..¡......~.;:::.:, :....:.....~:.. :.::. ,. .......,.:., ':':'. ',i 16A 2 Hay 19, 1997 J. DJdley Goodlette, as Trustee 4001 9th Street North Naples, Florida 34103 Re: Notice of Public Hearing to consider a petition AV-97-044 Dear petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 10, 1997 as indicated on the enclosed notice. The legal notice pertaining to this pet.ition will be published in the Naples Daily News on Sunday, May 25, 1997 and Sunday, June 1, 1997. You are invited to attend this public hearing. Sincerely. Sue Barbiretti, Deputy Clerk Encl. J:~:i;~~j{·tJ;r: :¿;::::~.::Ir~~:::·;~::,,;.' '.:~~t H. :; ;'.CXf\ ....;: ,: '.: '~:, ,: :',: '..:' ...,(i""'~...·._ll,,,....· ~ ~." .J..~ \'... l~~.. ,c;..... .Tt."... '. '. '. . . ...!J.....A. '.' Pi I.'.~..d t ~~.I~.. . . . . ...... "'..' . .'. . w .... " ~ '. " '.. ¡on n C. /'0 ()(ris Oimic1 1 ìimothy 1.. Hancock, AICP Oistric1 2 Timothy ¡. Constantine Oistric1 3 Pamela S. /lllac'Kie Distric1 4 Barbara B. Berry Distric1 5 16A gøocvd' o/~JtU ~t?tUttp ~tJm/7Ujj~ 3301 East Tamiami Trail· Naples, Florida 34112-4977 (941) 774-8097 . Fax (941) 774-3&02 2 @)m·~iJ .;:. . J . ..... May 19, 1997 MeAnly Engineering and Design, Inc. 51 OJ. Tamiami Trail East, Suite 202 Naples, Florida 34103 Re: Notice of Public Hearing to consider a Petition AV-97-044 Dear Petitioner: Pleé,se be advised that the above referenced petition will be considered by the" Board of County Commissioners on Tuesday, June 10, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 25, 199i and Sunday, June 1, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: J. Dudley Goodlette, Trustee ..0'...:. '" '.' .: ...... /.::. .".,;~ '" >1; ~ '. '......1 .... "# .. .... . ,. {_, .' 16A 2 May 19, 1997 Re: Notice of Public Hearing re Petition AV-97-004 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 10, 1997, as indicated on the enclosed notice. The legal notice pertaining to the petition will be published in the Naples Daily News on Sunday, May 25, 1997 and Sunday, June 1, 1997. If you have any questions regarding this petition, please contact Mr. John Hou1dsworth, (941) 403-2400. You are invited to attend this public hearing. Very truly yours, DWIGHT E. BROCK, CLERK Sue Barbiretti, Deputy Clerk Encl. sb John C. Norris Distric: 1 Timott,y L. Hancock, AICP Oistric 2 Timothy . Comtanline Distrio J f"amelc 5. Mac'Kie Oistrid 4 Barbar.l ß. Berry Distria 5 16A 2 gjoan/ o/c{?o/&;- ~tJtUZtp ~onzmijjic¥u;'j 3301 East Tamiami Trail· Naples. Florida 34112-4977 (941) 774-8097· Fax (941) 774-3602 Ma.y 19, 1997 Re: Notice of Public Hearing re petition AV-97-Q04 Dear Property Owner: Pleasê be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 10, 199ï, as indicated on the enclosed notice. The legál notice pertaining to the petition will be published in the Naples Daily News on Sunday, Mê'Y 25, 1997 and Sunday, June 1, 199ï. If you have any questions regarding this petition, please contact Mr. John Houldsworth, (941) 403-2400. You are invited to attend this public hearing. Very truly yours, DWIGHT E. BROCK, CLERK Sue Barbiretti, Deputy Clerk Encl. sb .f~"';'~,','~·~."';;"'/·f.;-"",,::"'''''..'''__¥','..'or :,.'.~...,. ..\~.'" ;',:::'.-. ¡'.'t.. "~::"#':. ,'.', .-'- '~.' ". "::: .,:' t'· . J..Oj..¡¿ RESOLUTION NO. 97-268 RESOLUTION AUTHORIZING THE ACCEPTANCE OF HAMPTON ROW A REPLAT OF A PORTION OF A PREVIOUSLY RECORDED PLAT KNOWN AS KENSINGTON PARK PHASE TWO, AND AUTHORIZING THE VACATION OF A PORTION OF A PREVIOUSLY RECORDED PLAT OF KENSINGTON PARK PHASE TWO ACCORDING TO THE ATTACHED LEGAL DESCRIPTION, PETITION AV-97-004 WrlEREAS, the Board of County Commissioners of Collier County, Florida, on October 24, 1995 approved the plat of Kensington Park Phase Two for recording¡ and WHEREAS, J. Dudley Goodlette, Trustee is replatting Lots 17-25, Block C and Lots 7-15, Block E and has filed for a replat of said lands; and WHEREAS, except as provided for in this Resolution, this replat does not extinguish or in anyway affect the dedications contained in the previous plat of these lands¡ and WHEREAS, J. Dudley Goodlette, Trustee desires to vacate a portion of the previously recorded plat as described in Exhibit A¡ and WHEREAS, this parcel, the approved plat of Hampton Ro...., is a part of a previously approved and recorded plat, Kensington Park Phase T1,ro, and the filing and recording of this approved plat shall not a::fect access to lots previously conveyed under the Kensington Park Phase Two plat. NOW, THEREFORE, BE IT RESOLVED AND ORDERED B'{ THE BOARD OF COUNTY COMMISSIONEP.S OF COLLIER COUNTY, FLORIDA, that the plat of Hampton Ro-....., a part of a previously approved and recorded plat, K(~nsington Park Phase Two, is hereby approved for recording and the dedications contained on the plat of Hampton Ro.... are hereby accepted, and those lands described in Exhibit A are hereby vacated. Said vélcation shall become effective upon recordation of the subject plat. BE IT FURTHER RESOLVED AND ORDERED that the Clerk of the Circuit Court shall make proper notation or this action upon the previous plat and record a certified copy of this replat and a cE!rtif ied copy of the vacation resolution in the Official Records of CCIllier County. This Resolution adopted after motion, second and majority vote favoring same. DA.TED: ý...-,.a./ /¿J/ / .p f' 7 A1TEST: " "(/ . c: :- mHGHT E. BROCK,' p'ERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~. fL~;; ~'~'~e. , . . ., . '\ Approved as to form and legal suff,iciency: l I : ¡I. , '¡ ( , ._AlI ('-1 .j. /~ l C \..__ ____ Heidi F. Ashton Assistant Collier County Attorney 2194775 OR: 2322 PG: 3232 IICOlDlD 1n OllICIAL lJCOlDS of COLLI II COUITY, lL 06/16/97 at 10:18AX DWIGHT I. SROCI, CLltl m m 33.00 com s 7.00 RHn: CLIRl TO THI BOARD IlTIlOllICI 4TH lLOOt lIT 724 0 ~ 1. .J;;:.I,:. ...'1- ,~_.:'.I:: . '~.¡"i ' .'.~ "'''{. ,'" ~ ' \ ',~ ï~iV :.<., ::}",~,' . ...!t'. ',4Þ I~,...~·, .!f~~ tl~.. ~/¡~ ;;t--~ ~.,~~>'·"I.~·'" !f.tí·,.;~J! i:<' ~·~~·'!";~t\·,·~ , ~"'r'¡ .~.,. ' ~}j~~~t~~?,;f ,:1"(,....:.<.,, , .'¡i'~:P;~' ,4' . , .:~, (:~~!.""~!~, .~.1 .+ '''r~\, . . ... ':..'~~f"..~~. ~ '~ø.r<1~¡·i~ :",,:.,~..' J-,ti:~:'.1:-::..'~ ".~i.1'~' .\ .\I,~,J. :}t~'l~ì~{\~,i.::.~ þ;t~ ~.!tt?-· ~..;~ ~~~ ·;Ü',¡.·~!}:t'.'· t"};" '·~i~t":~11~·.,,~ .~. t,:~,'!.?¡:..f" ~/1\ }~~t! .i'f¡~:"¡';-~...· ·.I::l;~')'! '~;~.~~) i ~;I"¥',~·)'~,;tll ~ >', ~~i··~·t~~~J'~ ,~~:t "''''1 '~"."" :).....1, , ¡I.j ~,j ;':î~t't: 'i:.'^ " ~'j, 'i 'f; :I.. ,'.. . j1t.r'7^:~,· .......; ~: '~il~'i$!B';~l " '. 'ft..." ~ ......~.... ",' ~~.~~f:iV~ " ;~,1~'.:~"(,''','''f,; ;¡¡',I' " i:~f: .~. ;~;~~I~;~ ~} : :"';~::.i~~;tJ· .':;" '~':.;)"C.:;., ..~~. ...~.;..! ~ ~"j :-í~ ~J¡tfj;'{~t~:~~ ;'fl:iY:~!;~~,~~:'; ;".¡~":"'~'~\o';:";' :~ lot"tt '~f \~.}.1' .- .~. :tt:"3~ .#·f '~t.r.t:~ ..,r~ ¡ J:~;,""lj~..·~\, ~.."~.'N." ~t'Vt;,~'."'· t, ,'.. ;'1.Jl.ft 0' .. ~~,~~:~~~~,~~'~;,~5 'f::~(~~' '{1 :/...¡; ti.....V.·-.r..-l..,..?... . -*, ~i.Í;W1;.1' Ø~~Æ;~J~~'A; ~t;~t~<~ ;.~.... i~':': ;; (.~ ,"$;' ."J;'·~-f ')þ; ~f:'l;~··.;;~"i1¿r~~ ¡..~;r~\;.~\iX~ "''''''' '·~'····1·' ,:~;v.,?:'>,~.¡¥ ·,~,,·,*::V~ç.:! ~~~:.~~-::,:;~.¿.~; f3?t~~¡~~~< :t.~1-f ","_~t..,.~~i!,~.¡· J~~1~:~1~~' 'lJlll'l......,' ..... .:r¡~....r;.-I ,,~:f"¡,.,) :¡d~.t~;"" ~ t._o\~....,};;; t .~~.~~~~...~)~*",:~ ~.i~ 1.J..'-1..i·~·.:·t' ·...~;~~l.~J~~"lt .. :~.. :....':; .~y:~,........'t"r. ;~t--:.~,',.Iit":--;5:";1 :;<;;¡,~.~~"~~ ,i5':);" 4.~. ,.t··"')"....:'··/ .:~~¡;;Æ2.;~~~ , :1;¿;.;~·.t"",'I.\·:' -~;r7:' :~·~;~f·~~~~:: ....-!'#'\'t ,::; ,.....,). .1 "'..~~ )~·ç·ffTf :."¡ ~ !>···{¡.Ù<...~t;~{ I~.~·'v" ·?'!·'cí'. J:;rX'dril·~· ':4J" ,t ,I." ~t-C''t~ "~>ì...: .\.~ t..',.'·:,",,: '...:. ~-:"''':.''J..~;.''< .:'/~' .~!;' ,'J .'r:"!. .. . , . ~~. . I . . . . , - , 16A2 I I ~ I 007 PETITION FORM FOR VACATION OF PLAT OCCURRING SIMUL T Ar~EOUSL Y WITH REPLA T Av- Date Received: A Pr..lL ¡ I I qÇ¡ 1 Petition #: -=rJ- 00 4- PctitiorJOwner: 1. DUDLEY GOODLETTE. TRUSTEE Address: _4001 9'h STREET N. N.¡fPLES Tete-phone: ._941-435-3535_ City/State: ._NAPLES. FL Zip Code _3-1/03_ Agent: _ÿcAl·..'LY ENGINEERING AND DESIGN. INC____ Address: 5101 TAM/AMI TRA/L EAST. SUITE 202 City/Sta,e: __NAPLES. FL Location: Section 13 Township _./9 SOUTH_ Telephone J75-071J Zip Code: _3411.~ Range __25 EAST Legal Description: _LOTS 17-25, BLOCK C AND LOTS 7-15 BLOCK E. Subdivision: KENSINGTON PARK PHASE TWO Plat Book _'__25 Page (s) _82 7HfWUGJ-J 83__ Reason for Requesting: _JŒSUBDIVIDíNG L01:) FOR LARGER 1.07:\· C> :::a Current Zoning: _PUD Does this effect density? _YES--A REDUCTION_ ¡ Hereby Authorize Agent Above to Represent Me for this Petition: Yes X ~ <.A> ~ ~ P-d Q No _~~7 - -== -!-. J;t0:)Jt..L Signature of Petitioner ' "3 lz.2. (<; ì t.A> ~ <.A> t.A> Date ~·Vv\)u..~ ~')LUT( ~S~ . ' Printed Title ;;- ,:.:.,':,.:, ':: ~{:~~'. ,:,:},~'~;.',~ ,:;:: ~ I,' ~,.. LL: . ,~...;: ~', ';:' '\' ': :.':,,~ '.,i:: ~ '..' . .' . l JC- \ ~ ; ¡ ,., ~ 1 J '. ~~-l'; ~ v> 0 (") '" :1J ;; o z. : ~ < ,» ;.: ~ ~ ~ i g ~ Ž r- ~Ž 1:0 0 î~~Ó ª > 0% l. <Ii :z -0 ~ C .. ~ ~ > ~Oo:IJ . < ~ X ,,- ~ ~I~ ~ ~ )Ot ~ ~ ~ '}I :t ~Ü~ I ~ ~:Þ cþ _ 'Z~~"'7('_. ~ r. :; <:; ~ ~ ,) ~,?~ç~a:t. l.o~; ~·"Cc ~II' ~;¡~çmr: ,~.t ;!\~,;.. ..~ >ö..... ~(1\11 1It ~,~~ 2;611"11 ':::è: ~ðZ,-, ~~~ ê~.._\d:· ~ ;; ~~ZIG) ~ ., ~01~¡ "'I~i -12: iP~' iR: 2322 PG: 3234 16A2 17000' f< ~9 1~ 09' [ 1\ - p \ I " ('p ~ -1t----..- ó ~ ~ :\' OJ' ,.~.\- ~ ~1_--=- : , . I i ~ -----1 w" ~r~-;- ~1 ,J--~..' Os__._ __.1.: ~ I [1 = '" i ~I I' trJ ,... i I. - -.-->' I : I ;:; i JI ~ c : \1---'~-- \11 ~~~~) i ::::1 I ,.--- ~·Î= g :; 'OC:: III ¡~ ;ap ~ i': I ~... I I C1' ¡;., - (J) ---- - ..ô o:J l .,.__.__ .-,·0 ... 'n 'J o 'J ^ 1---- .......:;-0-_ :1 I ----+- I I '1'---. .- \ "'. I: I I c µ I I I', "'. o XJ(1)u~ rloþorïF!'::.~ 8 0 ::t1 r~ .:. ~ :;¡) ::> 7. -~ ,-J '::) ~. \-- ,.. .I~' l¡1 ~ l' ';', "I ;- CJ' :> r '-- _lUU'C~': n f; (Tl -~ 6 ,,~ 0".1 - ~ r- ~Lr.~~Ï"' Fi (»' UJ...,;:: ;u rJ Þ r- 0 oþLl'gð~ OZ::<J^::<J carl -tN ::,cug:'F,lP -<04::U7-'PJ""'1 '", ~ g S2 -< ;~ ï 0 !J) r -~ o .-< _ Z Ô 0 ~ I Z Ç'J 1/' ;, CJ rl _--t J" \J~S:rJc. ~:: "u' --~ r - <. r~ f J tJ -.. ..-- ¡.Y"II'J 9 ":"),:.;.~ ~ (_~ :', ~"'1'~ . ,. z C' ;:? ð " ; cu' 'J' ~ f'j , r) ~, Þ 0 R:ÞV)~C. cZ::<Jo2 fTlQfTl0 ::<J(J)0^'" n c...... ~ f"T1 !..." o 0' C ~r., ^ CD ~~or;:o .--( iE, Z Y) ? ;} -u ;'} ~ (-, oCÞôÞ ~ çp -.. z Z c-m"O þ \ì:2 ; r- >' :1) e, x -1 L.''''' o .~..~........- _ .~...~ 'T~ ...............................- ~ , ~ 'J '" '--' ,. ~- '.J ,. 'J :::: ;.¡~~~.~~ . ':-..L.\.I .~) ~, ------. \\ I ": '" r m C> :Þ r C m CJ (") :t1 =tj -I Õ Z .--.- -~ is ,¿ ·ft 8 'i ,~ < J> o :Þ -I ~ '" m o z .,,:t:cn CJJ>- c~Z ~"Oø <-4-1 v>OO ÕZZ z " Qø:IJ» 010::0 "~,, o O::o"C -Im:J: C"O:Þ ~ïcn Cþm -I -<:-1-1 ~ ~ ~ 0 ~ m Z -I Affi I /997 -~~ " ...._I"'"U - -~...".....-.¡--- - --""" , ~... ,..; :'" . .~.,;~~-;~~.. :~i~~t~ ::~~;t~:~1- ';f~· "" "? J"··"Jr\'> ù'Æ';:·;, '~"'4;' 'it" .(~,. ,.\. I"~; ."' f"'''"}:)''· :,. "'.",. ~~~1~~ ·~·,J.;tr~. ,..¡..~...:>.... ~&'~J15::.~~~~~ -,:t,,,;. ~i!H~~ t~ :.;~.l:·;ì:f' \.k~t .~;i1~fi~ ·:~<~!J.t;ll¡1.:;?, .1;11,/);,;\,,>;;,:;'(1 .....'!¡j~.~" "A'l'" ~..i)~ ;1t:¡'t~~ "'(._;01 ~~",,:.. ;,i" :r''.J: ~t:;;~t;,;_;·*~· ".~) :f~y~:~: (,.tri ....,- I .'·.<.1;. ," . ~'.; r n __nJ'---' ~ '....4 . i. \ I MAY I 2 1997 H,&MfiQII liOW C U A REPLAT OF LOTS )7-25 BLOCK C AND LOTS 7-15 Ø[oCK [. taNSINGTON PARK PHASE TWO OWNERS LIST OF ALL PROPERTIES WITH IN 250 FEET OF V ACA nON 16A2 IV' l.oc:atioa --O;-nu Corinthiu Çankn. .t Wor1d Teunis Center mock A toe. 20 Ediibc:rto S. Lingad.clo Vicki Chan 4800 North Airport Road t-'; Naples, F1. 3·, 105 ¡l.ot21,22 Warrcnton Enterprises Corporation ~"23 4800 North Airport Road Naples, FI. 34105 Toni &: Helga Kncs1el ~.." clo Warrcnton Enlc:rprisa Corporation 4800 Norl.h Airport Rood Nûplc:s, F1. 34105 Reliance Properties L m I 4800 North Airport Road I Naples, F1. 34105 r"OCk B l.ot 9 through Lot 16, inc1usive Wam:nton Enterprises Corporalion 4800 Nonh Airrort Road Ccl17 Naples, FJ. 34105 Dante & Prisc¡lia Barbosa & Vicki Chan 43CO North Airp<>rt Road Napl.:s Ft. 34105 toe. 18 Edward Lee &. Monina Bumgarner Magallanes Vi!1age II 15 San Geronimo Makita, Metro Manilla PhilliDines l.ot 1 9 Warrenton Enterprises Corporation 4800 North Airport Road Naples, FJ. 34105 Lot 20 Helena Lcgarda So Pasay City 2818 F.B. Harrison St. Matro Manila, Phillipines l.ot 2 1 Wam:nlon Enterprises Corporation 4800 North Airport Road Naples, Ft. 34105 Lot 22 Danilo and Cynthia Bunag Pasay City 2814 F.B. Harrison 51. L MalTa Manila, Phillipincs C> ::::ø r-,..) c.....> r-,..) r-,..) "T.:J ø c.....> r-,..) c.....> ~ ..;,.... . . ~: '!'.. ...... ~,{:.':>~' h', ~ ;..::,:.:'.; " i.,..·. '.'~'" ~. , _ '. ,'. .'. ~:':, .,: ....:J:...:'~: .'. .::. ".., .' , '" ~'. ,,'.J .JI . J.,,' _..;._. ~~~~;igF'" . ,~. .' ,. , 'l' ..' - :;;;;){i~~~::¿ '.~ >;.I···)Ji-···: , ~;~,. ''¡-.' í-'~ ,<1'.; (,...~ .;\\ ~:.,',~ '.. ','., h ',~.,;.t~I~1:1. ;:,i::::'(~;;k;~'>;~ .';.':~~ ~ r~. '\ ·r :..:'~~~~ ~. 't.li:'i"'i.'¡'~..., J ~1!~;'«Kf¡' .,..~~..\ -10'-\. l.~ ~~~~~ ,,,'1t..,~~' .,J...{..:",-:....' .....'. .~-.;~.:-:~~~,_.~.;~.'""; " '':'' ~..., (~J :1 ~~,\,..~/t:; ~~:Ji~X~:;~tf ...~, \,:' .. .';,.J:,'.J{... /~ v; <t1j.r- "-;\~:<1~ )~~;~ ~'I-~\;-'-:-I '~}~l~j 'i, .1". , . "-"t ~¡~¡Ø1~~ h·) .j't~'!-.·~..._1-\.4...". '. \. >:...~ I.. .1!,'-, . )~,~r. ì"'·'··'··';,\+'·::J·,¡,·i.', t ~~;t;.:~~~~.~~·~~. ;ìÈ~~1it .~')'L¡.,~~ ~';'ý :'''-~'~':1 ~·:~:t:¡:-~':.~ ~.Ç"J..~t}, ..J.., .,. ¡;~1,li' t.-.~.;t...? ~ l~; ".., t 'f.",.! '.. .4[\ ;:···J¡'::;(I~V~' ¡...··\~r· '. ; ..j.' ¡....::... ~'"r t; ;~...l...V. · n"r< .." ¡ 'f ~;.;/ ~i·'r~t·!Þ:.;; ~~.~ b~V,\~";!: ~"'H "J "".'Í"i'~ '} .... f~~~~~ :·::'r f"T.!....., . , ,><':.!~: ,:,.- ":' .:,':'. ·~'·<;'~/."<·':'·;".:.':~ ·::··,;o~~·r·~?··~,::·:··;·>·:·::·:'···;·:·, ;;;~, ::-,..,'. " .,~" ,.:...: OR: 2322 PG: 3236 16A2 BlocK C Lot 1 Tcodorico C. &:. Jean A. Taguinod 4857 Europa Drive Naoles Florida 33942 Lot 2 Ulrich &:. Astrid !Utter c/o Thomas SchaUer I 4760 Obcron Coun Naples Florida 33942 [~' Warrenton Entcrprises Corporation 4800 North Airport Road Na...,les Fl. 34\ 05 I Lot 4 Johannes &sink &:. Hendrik Essink cia Thomas Schaller I 4760 Obcron Cou.rt r~~ N3Dles, Florida 33942 Walter &:. Johanna Stcin1ei~ &rgstrasse 3 f~' 8969 Dietmannsrcid Germany W<üTCnton Entcrprises Corporation 4800 North Airport Road Naples Fl. 3410.5 Lot 7 Un:u13 Consuelo L. Macapaga\ &: Ramon L. Lijauco 2&00 North Airport Road Naples. F10rida 33962 Lot S. 9 Warrenton Enterprises Corporation 4&00 North Airport Road Naples, F1. 34105 !.JS.cn5inl'ton Park Phuc Two C~C Lot II Janet E. Hardee, Trustee 8868 uly Island Circle NaDles, Florida 34112 Lot 12 J. DudJey Good1cIlC, Trustc:c 400 I Tamiami Trail North Suite 300 NaDles Florida 33942 lot 13 Roben &:. Janina Kratzer 570 Carriage Drive ..... OranI!:C, cr 064 77 lot 14, 1.5, 16 J. Dudley GoodIette, Trustc:c 400 1 Tamiami Trail North Suite 300 Naples Florida 33942 Lot 26,27,28,29,30,31 1. Dudley Goodlctte, Trustc:c 4001 Tarniami Trail North Suite 300 '-- NaDles Florida 33942 ..' '" ~>:¡tC.";. .;_~. f.~ .~'" '., ~-\:.: '.. :..',;' ;::... ";,,,':.~,:)~ /I"'~". ,;,' .~~ ". V~i; ;~,. -; '~",' ''', ;,;,;~:;): :,:': :)':, j '" ::", "'::":>\:', :,' '.' :,.:.: ...: :: .,:, ..:... < : OR: 2322 PG: 3237 16A2 131 E Lat 1,2,3,4, S, 6 Lot 16, 17, 18, 19,20,21 1. Dudley GoodIenc, Trustc:c 4001 Tamiami Trail North Suite 300 N les Florida 33942 J. Dudley GoodIctte. 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':'>'~ ,-" " .' .' , .' , , " ' ..----:, '. . " f'i " ',. " ! ',' " , " .' . . . . . .' 16A 2 Collier County, flori~ 11/2ð/~'SSQ REaÆST fOo'( LEc.AL Þ-DV£RT1SIWG Of PUSLlC HEARINGS To: Cler~ to th~ Board: Ple~ pl.ce the following as a: II [E!;!;£T No""",l l~al """'trti~t r;;;::2J Other: 2.. í I \.o\A. ~ ~ (Display M-I., locotion, etc.) ~~~~.......~.... ~1.~~..~;~·*············~~·w~~4.."~~..""'~~...··*·"·...................~ Ori,¡iNlti.-.; D,.pt/t)Îv: COO.D~.~·./ûJrr""t PI~rY'IiM porson: ~()~..J. t\CHJ t...1)~ ,~óì1í~ate: (Sitl ctudy) ~,,?.-~l _...............---~ ...~....~.........~~..............~......................................-. AV" ql- DAf ..._-_..~.. ..... -- -~.. ................. ......... ......... .~.......~.."......----...... .-....... .......-....... ..... ..... ... .--. Petitiono<r: (14-. 1 od~(.u): ~, Üt~ ì:> LÍ:::.. '---Lt.01:L'þ L.;:;1í é. I A ~ ~ 40b \ ~ "ft-\ ST. U. tJA.rl....&<) p~~i,;on 11:0. (If r~. si-..: bt'ici œ:s.cri~tiO"\): H.~ 1 ,l.OCns,. CJf any pocsao-.(s) :: ~ ""tifi..:! by Clerk's of/ice: (If pcr" s?'Ic,' ~~, 0::"-:" s.".-....¿CHe shnO ~'éf. A IÍ A(.~ ~ '\ ~¡) ~ 1!-E/ ~4)O~ 11 L,ç( -------- Jlurir>; t-.for,,: £:Z!r r..::.c c::=r BZA c::::r Other :~~~:.~::.:~:.:~:~ j u~ ~0~·\ L·::::·:.~·::=:::~::::~~·=·~~~::·:::::·~:::~:~..............·~... ¡:"",;:.<?,r(s) ':0 boo UO'..:1: (<:=le:, only if iqx>rtant c::=r, l!!!!1 H~?¡es D~;ly Wews u l"sally reqJir.,.:1 r--n I_i Other -..-------............. . .~..~~._.._........~.~._.~~.....~~.....................~........~.----- I'roçcs.-:! Text: (Ir-.cluóe l....,...,l óes.=iptionl CCJII1"W>O locJtion 1 size): s-+.%-f±- ~ :;v.... c 7 1 , L.'-. ,-f ( c)..j.J..-LUJ -n t c. ;1,~(9 7 . ':1~ ~ A.. 1\ACµ, ~ S> \ ,1 :) C""Ç-¥'\;OO pet ¡t;on(s), if ð<T'f. 1 propos.-d Moring ~te: .a..... J.... ..-.-..-...............-...-...... ~.. ,......... ~ 4 ".._......-. )()ð Pe~i!iO<1 fee Ircluóe ~;sit"19 Cost~ Tt>S ¡:::;;;¡:::::T No I_i for ~rtisil'9 costs: 113-13-3312-649100 P.O.#700012 I f yes. ..n~t KCOOJ'It should be charged =~. j))~.ty»Ø ...............~e1............................. .... J. J.J............~..~ ,..); 0 Art>roved by: cate!:? //7 0'7 COU1ty ~r I t Oivision ""OOd Jl4L Date list Att~'ts:(I) (2) (3) .L . 4 ................ 40. , . .~~... .I..L..," ..-....-.---------------.-....-.................. .............---- DlSTRIBUTIOW I~STRUCTI~S A. for he,!,dngs before sa or £V.: 1nitiating person to corp(ett one copy ard obtain Division Head approval before sU::x>iitting to Ccw..nty~. ~: If ll"<al docl..lT\ent is ilT,olved. be sure that any oe<:ess~ry It'<lal revi"". or r~t for S""'"'. is SLt:øir.:.-d to CO'.nty Attorney before sùnitti"'l to CouHY "a""gu. The "~oager's office ..ill distribJte copies: i ~.I:~tYH, ~ _.:.::?:'/,!{ .~,.2,_ tile; , , Rtq.Jesti Oivision; ." ~ 50~~:: ::..¡~~ß""I / ,Orlg~~o Clerk's Office .6 /0 9;; to Clerk's Ofti e. r talnino a CODY for file. "':v:"':"""" "..--1 ~~{.t.?;£-. t',.~;.~ "~~ ; \~:.·7.,~/:·,;;·::':~~;> ~'" ~~; .. ~~< ~~>'.-..~..., t.'.:~ :,';(.::.- >~, ,:'>' : ,~ :.-. '. ~ .>:: ';. ,:' , ..:~,', ' " ',' ' . : " ,:" :,'.. :. ' s ' o o o o o !)¡¡te: <S 1 ~ ~ 11. Review:<i by: \_.s.~~:,~.....";.'..,: ....-t.~·~.7: . "-...:. Tom Kuck Date: ._ L . -...- " a:: .., .. J... ~... r " .. .- . ':~ Di vision Head: .... , D3te: . " Manager: Date: . Vincent A Cautera ,- Item Title: Rf;COM}..fEHDATION TO APPRJVE FOR RECORDING THE rn{~T OF ~MPTON RO\Y~·. AND APPROVE TI-/E Y ACATION QF ^ PQRTION OF TIrE RECORDED PLAT OF ·'KENSiNGTON PARK PHASE TWO~ET!llON A V·97-004 List of Documents Attached: 1. Exccuti',e Swnm3:y (requiredL 3. VI\Çðtio~ Petitio;) 5. Resolüt:on '1" L=';"M" ..... ". 4. Property ü\\":rs Within 250 Fee! _\. .'/i " , I -;. '.~ ., ..1~ :... ,'. " ~. .," . " ;"~." '. . .;. -""";' -''!',- .. .", - ..,.-...... . ~ .... '. ... ...,.. ,,'-, > . , "'J""," . ,::'.: .."... '." -'.-.. ~ ..~ -- - .. ;.. .. '.' - .. . '. ,.: . ..,. .;-_.~...- ''¡;-;'',_ ·...01..._ - _. ': -~_.._- 16A 2 EXECUTIVE SUMMARY RE:COMMENDATION TO APPROVE FOR RECORDING THE FINAL PLAT OF "E.AHPTON ROW", AND APPROVE THE VACì\TION OF A PORTION OF THE R:E:CORDED I'LAT OF "KENSINGTON PARK PHJ\SE TWO", PETITION AV-97-004 QJ:\.JECTIVE: To approve for recording the final plat of "Hampton approve the vacation of a portion of the recorded "Kensington Park Phase Two", Petition AV-97-004. Row" plat and of gJNSIDER.~TIONQ.: The Board of County Commissioners approved for recording the final plat of '!Kensington Park Phase Two" on October 15, 1995. Lots 17-25, Block C and Lots 7-15, Block E are being replatted to provide for a different type of unit. fISCAL IMPACT: The fiscal impact to the County is none. There are no subdivision improvements associated with this replat. The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $950.00 GROWTH MANAGEMENT IMPì\CT: None RE:COMMENDATION: That the Board of County Commissioners approve the final plat of "Hampton Row", and approve Petition AV-97-004 with the following st.ipulations: 1) Authorize the recording of the final plat of "Hampton Row" . 2) Authorize the Chairman to execute the attached Resolution. <II:'. ._~4'._. ;t~~·wt¿:··~ :~:-':., ~ '~.~·:.;r:~~ ~~~.",~ :~...::..~: ::;..,.;; ..~~~:.~~~·l:::·\·:..<";...~: :. ./:/: ..:':~; ,":,,:',:~'.. ,'; " ~::.': . '" .:' ¡,' :' . ¡ :'. . . , ". , ..,' ',' ." ,~__..._.._""......-"'._,__ rn r_" Executive Summary Ha1npton Row patJe 2 16A 2 PREPARED BY: ). \ ~ _~\,":¡-...1 \4..-" 1c:.\S~~ John R. Houldsworth, Senior Engineer Engineering Review ~~9-¡ Date F:EVH.l'i'ED BY: 1homas E. Kuck, P.E. Engineering Review Manager Date Donald W. Arnold Director - Planning Services Date vincent A. Cautero, Administrator Community Development & Environmental Services Date c.::>mmunity Dev. and Environmental Svcs. DIVISION J-::ili: ew P.i:.:~:l:l~.~){~jf:it~;L -:-' . ~ . . _ 'T - - . <:~.:.':'~~:".:. .~-,')'::';~~_-_:~"~' <J.'r}:·;<:.{",./,<>,';'i\, ::,',::, " ...... .' ,.,'. '. < ...... ..~..... ._-- ..._~..._,_.......... T()N RO 16A 2 C & lOTS 1-15, BLOCK E, KENSING BOOK 25 PAGES 82 & 83, Of THE pTION 13, TOWNSHIP 49 SOUTH, RAN \~ "",,,"OS \~\=:J,~\ ~, \' J . ~ ' \ ~ LCI>I ~~ ~ \ ¡< \ ifF W \ ~CL S~\ ~('("RQS w«. y AROS ~ (I J II: C ~OVS TR1"L P JJOI w.£ '( ,o.RDS Ii [- INOVSTR1-'L PIH( ¡.jR Uti \ "0.'" 'L C~" "," " 7 Ut«' ~ SITE ,7 uNIT J3 13 ~ T'(}IHIS CíN n:¡:¡ " ~~ ~" " P~;O~" CEN T AI vc.AG( ~O(",(J!( N APL S Ii) I' , ~ 20 ~ I- lH~ 31 V\ a:: ~ ?:; ~ VICINITY MAP MOT TO 8CAU! .'. ,..__.:,_.~__T:'J-Œ-C~~~!!?Y1::=·~:~ ... __ . ~..,._ ... ...~.' . 1: :: ____ ______ __ _ _..4 . ..." " _. ~.t...fI . ____ . . .... _ '..... r _.- - - . .. .. '.' -.;; . .. 16A 2 ~ I /997 PETITION FORl\l FOR VACATION OF PLAT OCCURRING SIMULTANEOUSLY WITH REPLA T AV- Petition #: 9'1- 00 4- DateReceived:...ð.£.ß.tL J, ¡CìQl Petition/Owner: 1. DUDLEY GOODLETTE. TRUSTEE Address: _4001 9'h STIŒET N. NAPLES Telephone: _941-435-3535_ City/State: _NAPLES, FL Zip Code: _34103 Agent: _MeANLY ENGINEERiNG AND DESIGN,INC. Address: _)101 TAMIAMI TRAIL EAST. SUITE 202_ City/State: _NAPLES. FL Location: Section 13 Township _49 SOUTH_ Telephone: J75-0723_ Zip Code: _34113 Range _25 EAST Legal Description: _LOTS 17-25, BLOCK C AND LOTS 7-15 BLOCK E - ~:ubdivision: KENSINGTON PARK PHASE TWO Plat Book __25 Page (s) _82 7HROUGH 83 Reason for Requesting: _RESUBDIVIDING LOTS FOR LARGER LOTS Current Zoning: __PUD Does this effect density? _YES-A REDUCTION_ I Hereby Authorize Agent Above to Represent Me for this Petition: Yes X No ~-7 --= -1-. -¡p..o~íY- Signature of Petitioner -, ~ ~(c; "l Date --:J.\)v\)~~ G:v,JLLlf[, ~S~ Printed Title ": ': ITHr,¡ t i',1 ~FPI r ~I 'ij . ::: .:. ~ z .;'; ;.0; :n !i ¡ » _ II: !-. .~ ::i ¡; Z (:1 ~ 0 ): ~ c: ~ 2. V --, c' f 0 -lOr· " ." 0 Z I ~! Æ Cf Z i? :<{ C :O:::J C.' '\ CO 0... ç, ~Q::" c . < "C ~ ¡¡¡ "::I: ~. ~ Õ ~ ~ .., ~ Z > m ~, :110-1-1 ~ tI1 ~ . 0 ...... ~~~I~I~i ~ ~ I 18 a) r I '" < o ~.I~ : I., 81~ ~ I ~ I " 9 ~ ~ 3 i o J o . " ~ ~t"_,,~~~. '" :,~A:. _~ ;.....~~, . '" II 17000' I I II 89'2~ 09' ( rr ¡ ~L~ ~~-4 ~ \ ~~- :10 I ~ . 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"""D ~ n -'1)r-_ r'CÞ-O> ~CD-<ZZ -r 0 C:;-CIJì) >()O>r' , 0 AJ 0 ^"lïi N V' ï m C> :Þo r C m en () ::c =ë -4 Õ Z '" o ~ ~ I /997 < > () > ::! ::'\ o m z Z ~:I:U> en:Þz C~G> ~'"C-i <-iO ëñOZ ~Z"tJ go:xJ:t> (J\O:xJ ,,:E::'\ 8:xJ'"C -4mJ: C'"C:Þ -4r-U> E:þm ~-i-i :E o m > en m ~ m Z -{ '= " r ::-, -r: :- © ~7'::-r.-;:- -, -, ;lìL5 LS u '\Y '.'16A . j I !I}( MAY 121991 . Û~ 'l0 2 HAMPTON ROW A REPLAT OF LOTS 17·25 BLOCK C AND LOTS '-15 B KENSINGTON PARK PHASE TWO O'NNERS LIST OF ALL PROPERTIES WITH m 250 FEET OF VACATION ['location Owntr riorinthi¡;n G;¡rden~ It Wol'ld Ttnll~ter - ~~kA Lot 20 Lot 21,22 F.dilbcrto S. Lingad,clo Vicki Chan 4 goo Nortb Airport Road Na les, F1. 34105 Wam:nton Entcrprnes Corporation 4&00 North Airport Road }la les, F1. 34105 Toru &. Helga Kncsttl do Warrenton Emerprises Corporation 4800 North Airport Road Na I!".S, F1. 34105 Rdiancc Properties L TD 4&00 North .Airport Road Na Ics,F1.34105 Lot 23 ~ [t24 ¡ Block B ILot 9 through'Lot 16, indusivc: Warrc:nton Enterprises Corporation 4800 North Airport Road Na les, Fl, 34105 Dante &. Priscilla Barbosa &. Vicki Chan 4ßOO North Airport Road Naples, F1. 34105 Edward Lee: &. Moruna Bumgarner Magallanes Village #15 San GerolÚmo Mak.i ta., Metro 'Mani 1Ia. Phi iii i nes Warrenton Enterprises Corporation 4800 North Airport Road Na les. Fl. 34105 Helena Lcgarda So Pasay City 2818 F.B. Harrison 51. Matro Manila. Philli ines Warren ton Enterprises Corporation 4800 North Airport Road Na Jes, F1. 34105 Danilo and Cynthia Bunag Pasay City 2814 F.B. Harrison 5L Matro Manila. Philli ines Lot 17 I Lot 18 Lot 19 L:>t 20 L:>t 21 L:>t 22 ~ i ~ -". ,~.:..:"." ......_. . '"..,..: ;;~fl~.~./t:i.' ...- ~. /.;... -.... . ' ::.... - ",'.~ . oJ: .. 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"" ",".' .' """ _ """ "" "",': "" ... ,.' .1".. "".. ~"~ '( ., .. 16A 2 i'1I.:kC I.<:It 1 Teodorico C. &. Jean Ao Taguinoo 4&57 Europa Drive h~-- Nanles, Florida 33942 U1¡i;:h ~ Astrid Riner do Thoma:; S,:ha1lcr 4760 Oheron Court Na¡¡les, F10rida 339~2 Lot 3 Warrenlon EntcrpriY.s Corporation 4800 North Airport Road ~~4 Naples, Fl. 34105 kh.:.u1n<:s EssirJc &: Hcndrik EssinJc do 'Thorna.s SchaUer ~~, 4760 Ob:ron Court Naples.. Florida 33942 Walter &. Johanna Steirueitrtcr I &rgstra.sse 3 8969 DietID3nnsrcid k Gcrnw1v I löt 6 Wan-enton Enterprises Corporation I 4300 North Aiqx>rt Road ILct 7 Naples, F1. 34105 Ursula <Ãnsuc:lo Lo Macapagal &. Ramon L. Lijauco 2800 North Airport Road Naples. Florida 33962 Lot 8, 9 Warrenton Enterprises Corporation 4800 North Airport Road NaDles, F1. 34105 iÚnsin1!1on Park Phase Two Jìlock C LOlli Janet E. Hardee, Trustee L &&68 Lely Island Circle Naples, Florida 34112 I LOl12 1. Dudley GoodIette, Trustee 4001 Tanúarni Trail North k" 13 Suite 300 Naples Florida 33942 Robert &. Janina Kratz.c:r 570 Carriage Drive Ora.nsze, cr 06477 LOl14, IS, 16 1. Dudley GoodIcne, Trustee 400 1 Tamiami Trail North Suite 300 Navies Florida 33942 Lnt26, 27, 28, 29,30, 31 1. Dudley GoodIette, Trustee 4001 Tamiami Trail North I Suite 300 Naples Florida 33942 ~ ... ~" . _;,...... . ...'f' I.t-:·:;: ~;,1A/·,~':;f :.:.:.;;\:~: ,- ,t· /~ ~ ,0 . ,0 , , . ~ ") < . ~ " '~~~;'~'I ,; .' '0 ! ~:- . .<,:. ::- '.' , ,. ." ~ /.:'. ~~, '. , .. .... .:,' ;. :?~. ¡'~. . ~ ~~.~\~ ;;::.:t ¡: . " .' J 1 '. '\ ~.~:; "; "~';',-¡:. :.. ~)"'...' ,~. ..', '.'1 ;".: .~. .";, '~-::.: ,'. I .' :' ....., . . ;,', )'..,' ',',:.~ '. :~..: .\-.'.: "_,.'::.' ,.': '.' '~.' ~:' . '.' .r'··. . ..... . ': '. ":,: 16A 2 Block E Lot 1,2,3,4,5,6 1. Dudley Good1ette, Trustee 400 I Tamiami Trail North Suite 300 Na Ics F10rida 33942 1. Dudley Goodkne, Trustee 4001 Tarniami Trail North Suit,= 300 Na 1e.s FJorida 33942 Lot 16, 17, 18, 19,20,21 ." :'..Jt ,;:-:."-...~:.4.,- ~___~-r-=,,~- , ': -. -. . . .~,;;~·i·~"MÙ~ :..'1''= 1l~. ..4~....-~·U: 9.1r....:~..~·H I.. -;c."",._ ..~ ., w v- - "'"'I J, ':' 1.1.b... } ::':':<·~'~;:~~·;~J/..!I ~\~:"i".:..:i"'") :.ì'".'.,.......-....!;-"....,~. ~~ .Ì::~,,'.. _.,' 'w~,.":- ....~~'.., of ."'''~'' ~'~r~.!).~...~~,_;;;¡;· .':.:::.w y~~;:~'.'~.. ....;" -" ,.' '. ,', -.,', .', '.: ,::, :,: ", '.,; .;. ",'. ,," ",' ' '. .1'~ ." I' . \, ~ ..'.'. ~.,', ., ,~ . (' ~,.,.. '. ~ ~ . , - , ...... ..... ~ ." ,.~.... - '. '.. ';"'" .' . .,. ~ . . ... " '"'.' . ;. ,~&."", '. .':_: : ".:.;'. ."., . :"·_1- _.....~ :....,....... ." .. }, ~'::/:-.:.:~ :-:·t;.',:"·:·,'~.:, , , ........ , .. .r. ..' ," ......i..:.~.~. ;"~JO. ","~ ~ . - ..... ~_.... ,. -_... . .~ .~.~:...~~~~:,'.~.~;!..~~.:. .:.~;:¿..~~ ..;:,::,. ., '. ... 1·6À 2 :- .. - Collicr County, Florida RfCŒf,T fm LEG.'L 1.DVERTlSI~G OF PUlllIC HEARINGS 11118/~'~ To: Cl~r~ to the Board; Pl.n" place the foll""ir'] &$ a: , : IU~I ~of1l\3l Le<;.l ~.rti~t t;::27 Other: 2- '1 I w..~~ (Oispl.y ¡.c.,.. loc.tion. dc.) .-......................... ...-... .....................____.................._....................#......, II.................................................~..".. ..............................__. O<"Ìç i "H i ro; Dtpt/D iv:~~,jJ""". S<!~J.Current PIJ",inq pers"":~ \-l.cù L.D~ ....\~1.:í1:b:>ue: {Sign clndy) ~'I~,C\l ...-...r-..r~_'" * ..........................._ ................... ..........................10.. ._....... ..'SO.............. ~.. ......A ............................................~. P~titiCY~r: (~3iT"~ ¡ ~,.~s.); "AVo' q7- DØ+ -~..........~.....~..~.....~.........................................~~. J. Qt~þL~~(){J'bLr;1í~ I r 4-0.öJ ~ 1" K Sl U. AI '" rl...£S Petiti"" So. (If nor",. Si~ brief Ò<:"..ai¡otÎon): .,.r_..._............. ..... ~.... ...............__.r As ~ {2-..V ~ í£.G ------- ~4 ) 02> Þ L,ST ".0-, & Ao::res~ of any per""",(s) ~: ~~ r.:>;jfied by Clerk's Office:~_8..:r[_.t:\e.µ·t;; (If <'>Ore s~c. neC'd~. '~:J<11 S=->.-He sheH) II tori ro; to.< for <: c;:z::!r b::.C r=::J Other I I au. ....~.................~~..~......--........................................ .......r_.w........~. R<ç~;~ h.ar ing date: J U-...f ~ 1 Q¡j,.,l_ Base<:! on a¿Vertisec-<1'lt appearing _ _. ....~ ~fore hearing. ~NS;.o~r(s) to ~ vst<::: (C<r.ole~. or'1ly if irpcrunt c::::::::J. l!!!!7 Naples Daily News cr l.gally requirt'd I ,) 1 I Other ...~----..........- .............- ......................~ ....te~..................................--.--. Prcpcs~ rut: ([nc:ILde Ie-;.¡l ée:s=ription & COT"""" location.r. size): ~1é.s. A 1\ Ac.µ. F: D Ccnç..>niO<"l ~titiC)(1(s). if arry. ¡, propos..:! ~aring date: ---........... ....~.............~...~~~........................................... Does p<tition ft. nc:luje M,.".,.t:isi!'"G CO'St? res ¡;:;;;;;:::::r Ho 1 I for advertising costs: 113-13-3312-649100 P.O.#700012 I f yes, ""at KCoo.nt should ~ chorge<:! ~~~A...&~........~.········*·····*············· ...01.01............................ ~......**...............~ R.-vi........-j tTt': OivisiO<"l ".ðd Approve<:! by: County ~r Date Date List Att~ts:(') (2) (3) ...~...,....~~.-~ ". a.. ........._........._....._...~ ......... ...........6.................···························..-· DISTRIBUTION INSí~IONS A. /"or h'ð!.lngs bdot"< 8CC C<" sv,: Initi.uing ~rson t<; Corp[ttt QOe Copy ....-d obuin Oivision Htad .pprov.1 before S<.baitti,'Ig to C<x.nty~. NOTE': If It<lal <:Iocuntnt is i/'1V'OI~. be $ur~ th.t any TIe'C~ssary It<lal r<viN. or ~-.!.-'or $"",,", is sU:øir.:ed to COU'ty Attorney ~'ore s\.tnitting to COU'1ty I<_er. The I<-onager's Office ..ill distribute'copies: ',' :":._~,:': ' ~~·C.,.;,¡~-"~ ~ file; I. I R~ting Oivblon; I I OrlgiNI to Clcrt's Office ~~f:;;};;{'·,·i:.-:-;:~':,-~:.-·E:··~.7.::~t~:~.~.,\ 7....:~..:·· '- ',i. :..-,.~~:.:':. _-.:_ .' .' .- ',. - . I~' :\>~,:ölN!!tJ~~-:¡~~~f~i;~1,;;'~~t?t!.."';;:·~;,/~'i;.t ·~t.ainal~t:è~;;~--;¡-o,i.I~C:';_ct~i~I("I·~·~~~/ð.f·.;:~il~~ :, :.~ -.._~,,~ ~~.___""_'" ._..._....-_....... .........""l......-.-~_.._~.I" .........._....._~..'IooC.......;::te.,..'l.:;..... -. ·....~I..,.,·-...:.L.=Ci 4í. ': .. rl - "- H . --".- _u,...... .~ J' .V' . ~ .~... r .... '" \' ,'" ," J' . ~ ; 1 \ > : " ~.. '. .-.....' '.~ 1.' \. .:. ·r\ ._.... ~;'.:' . >:~;_ f.,': :'~.: >::'1 C·! ~~: :~;"; '.,~ . . - -. ... ,.;.:~:?~ .:.~. ,/.«::)~),.:~7~1~ :';: .... ,,;: :.;,: :.:': . 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I 2 3 ~ 5 6 RESOLUTION NO. 97____ 2 16A RESOLUTION AUTHORIZING THE ACCEPTANCE OF HAMPTOll ROW A REPUT OF A PORTION OF A PREVIOUSLY RECORDED PLAT XIJOWll Þ-.S KENSINGTON PARK PHASE TWO, AND AUTHORIZIIlG THE VACATION OF A PORTION OF A PREVIOUSLY RECORDED PLAT OF KENSINCTON PAP.1< PHASE TWO ACCORDING TO THE ATTACHED LEGAL DESCRIPTION, PETITION AV-97-00~ K 9 10 11 WHEREAS, the Board of County cotnlllissioners of Collier County, 12 Florid'!!., on October 24, 1995 approved the plat of Kensington parlt 13 Phase Two for recording; and l~ !5 16 17 l~ 19 20 21 22 ¡.mEREAS, .J. Dudlp.y Goodlette, 'Trustee is replatting Lots 17-25, Eloclt C and Lots 7-15, Block E and has filed for a replat cf said la:'lds; and WHEREAS, except as provided fer in this Resolution, this replat d0cs not extinguish or in ~nyway affect the dedications contained in the previous plat of these lands; and \o/1IERF..AS. J. Dudley Goodlette, Trustee desires to vacate a 21 portion of the previously recorded plat as described in Exhibit A; and 25 26 27 28 29 23 WHEREAS, this parcel, the approved plat of Har.lpton Row, is a part of a previously approved and recorded plat, Kensington Parlt Phase 'J'IJo, and the filing and recording of this approved plat shell not affect acceS3 to lots previously conveyed under the Kensington Parle. 30 Phase '1'"...0 plat. 31 32 !IOW, THEHEFORE, BE IT RESOLVED AND ORDERED BY THE BOARD OF 33 COlJNTY COMMISSIONERS OF COLLIER COlJNTY, FLORIDA, that the plat of 3~ Hampton Row, a part of a previously approved and recorded plat, 35 Kens ington Park Phase Two, is hereby approved for recording and the 36 dedications contained on the plat of Hampton Row are hereby accepted, 37 and those lands described in Exhibit A are hereby vacated. Said 38 vacation shall become effective upon recordation of the subject plat. )9 BE IT FURTHER RESOLVED AND ORDERED that the ClerJt of the ~o Circuit Court shall make proper notation of this action upon the ~I previous plat and record a certified copy of this replat and a n certified copy of the vacation resolution in the Official Records of ~) Collier County. ~~ ~5 ~6 This Resolution adopted after motion, second and majority vote favoring same. ~7 ~8 H DATED: 5<J ATTEST: 51 52 53 5.J 55 56 57 58 59 6() 61 62 63 6-1 65 66 67 68 69 DWIGHT E. BROCK, CLERK BOARD OF COlJNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY L. HANCOCK CHAIRMAN Approved as to form and legal sUfficiencr rltfì~\ <I ,( í L l - Heidi F. Ashton Assistant Collier County Attorney . -.." _._-_...~ .-- --- ---- ~.. ::~.~.;: ,ó·~::." '.:'~. .'...'.: '... ",'~:"'~;.':'~~ ~'~....;~': ',' .. ~"-~ ",'.o . .'~: : .~.i' . ~ ~ .. ~'" ... ..... ¡. ',...., '.. " .' . . '. ~. .,. ..' ., .' , .<\>:': :,,:' .< ': ,,:. \'" -:', .' ::~.: . ". ., .::>.:':~~ .--,:.'. : " ,....".:., ....' .¡.~ .~.' :" :.' ..... '.'::, 16C ¿ F'l ()]'] (] a l~ on1 n1U nit i l'S ~["J'1l:; t _.- ------_. ------~ -_. ---- July 2, 1997 Mr. Steve Brinkman Director ofParlcs & Recreation Collier COW1ty 3300 Sar.ta Barbara Boulevard Naples, Florida 33999 ; '" .J:) ....J I L- c: - r-- t ú) .J) ! .; , ... Q," ... RE: La~ Avalon County Park Collier County Project #95-û 17-P56 Dear Mr. Brinkman: Enc10sed please find a ful1y executed original of the Addendum n to the Conceptual Approval Agreement for the above-referenced F10rida Communities Trust Project. Please cal1 me at (904) 922-2207 or Suncom 292-2207, if you have any questions. Sincerely, d~ ~;::.- A. Diane Langston Grant Specialist III Florida Communities Trust ADU Enc10sure 1)1 , \:: 1 \11 '\, ," ( , >.\1\11 '\I II ,-\ H' I~' ~-( I Cf ,n RVlf.\X' DR l\"f . TALLAII^"H. 1'1. ,2,')<)·21 ()O . ')0 ¡ '/.! 2· 2 2()~ . Sn,CoM 292-2 .?()~ @ h..,,,,. (......' "~11" Tit H.,. .11." .;~{:.:.~~:~>~. /~.;;.'.:; j ,;;',: ~~;,'.¡::::,.... ;':.:" . A:~~,\; >\;,:ò,:. '. :>., .' ,. .' '::.. ": ' " '¿" ',", , , : ,',,' - -.. .. - ~- ~ 16C 2 CO NT RA CT # -2..6.:.CI:2S.:.2..'"~.A1:.Q 1 7 FLOPJDA COMMUNITIES TRUST P56 AWARD #95-017-P56 ADDENDUM H TO CONCEPTUAL APPROVAL AGREEMENT TillS ADDENDtJM 11 to the Conceptual Approval Agreement is entered into by and between the FLORIDA COMMUNITIES TRUST ("FCr), a nonregulatory agency within the State of Florida Department ofCommuniry Affairs, and COLLIER COUNTY ("FCT Recipient"), this ~ day of ~.... ~_, 1997. ,/ WHEREAS. the p?rties hereto entered into a Conceptual Approval Agreement which sets forth the conditions of conceptual approval that must be satisfied by FCT Recipient prior to the receipt of the FCT Preservation 2000 award and the restrictioTis that are imposed on the Project Site subscquc:1t to its acquisition \vith the FCT Prescrvation 2000 award; WHEREAS, the initial term of the Conceptual Approval Agreement expired November 8, 1996; WHEREAS, the Conceptual Approval Agreement was amended by ADDENDUM I to expire May 8, 1997; WHEREAS, the FCT Recipient in accordance with GENERAL CONDITIONS paragraph 3 of the Conceptual Approval Agreement and in compliance with Rule 9K-4.010(2)(k), F.A.C., has timely submitted to FCT a written request for extension of the May 8, 1997, deadline; WHEREAS, GENERAL CONDITIONS paragraph 14 of the Conceptual Approval Agreement states that the agreement may be amended at any time prior to FCT giving final project plan approval to the FCT Recipient. Ar1y agreement must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT; WHEREAS, the parties hereto desire to extend the term of the Conceptual Approval Agreement as provided by Rule 9K-4.010(2)(k), F.A.C; NOW THEREFORE, the FCT and FCT RECIPIENT mutualJy agree as folJows: I. Notwithstanding the language of Section I. GENERAL CONDITIONS, paragraph 3. and paragraph 14., the parties hereby agree to revive it nunc pro tunc as though it had not lapsed in accordance with paragraph 3. 2. In every respect, this amendment is to be construed and applied as though the parties had both signed it before May g, 1997. ADDII\95-0 17-P56 5-14-97 1 1::¿L:.:-;\.'/t:;,:;'~,;..1; J . ;',;,~. ~:';~>.",' ;~~~~ '.:'.>.: :r: :~,,~;{ '}"~f;' : '~~¡: : >:' ,', '.1..', '~":.:" .>.:, ..:~. ;>;. ,', '. , :..' '.' :~::~~:,~ .~,;\~,:.'.:.:;; :: :'~~~,) ~ :;:,r,:~; ,>~j 16C 2 ), The: ConccptuJI :\pproval Agreemt:nl by and bet\\'e~n FCT and FCT Recipient is hereby extended until November R. 1997, 4, The date of execution of this addendum sha11 be the date that the last party signs this addendum, THIS ADDENDUM II TO CONCEPTUAL APPRO\'/,L AGREEMENT. ADDENDU~II. the CO\'CEPTlJAL ArPROV AL AGREEMEì\Tand its bhibits "A". "[3", and "C' cmbody the entire .'\~rct:men[ bet\\een the parties. I~, \VITNESS WHEREOF. thc parties hereto h3\'e duly executed this ADDENDUÌ\-( \I TO CO\:CEPTU.-\L :\PPROV AL AGREEMENT, !Uro œ allrrY ~ COLI.IER COL';"';lY ~' ß\:~j Tirrothy T;;I<: ¡: LORID:\ COMMUNITIES TRl;ST ß~':-~ D~ltc:_Þ (-¿G, (11- Date:: r/O//:;>S>7 :$ccpted ¡¡s to Form and Legal Sufficiency: ,-\cccpted as to Form and Legal Sufticie:ncy: _~~(, r~ Assistant çounty Atto~ney Date: " ATIEST: :. DWIGHT E. &ROCK ,-;CLERX ,G;~~ 7 ~putJ,Clerk - I" .. ~ ADDI]\,95-0 17-P56 5-J-+-97 2 ·~::!,:¡·h:X::,~.'~ r:;, ~.~ ~~: ~.::.: ·~;;~:~~.j:;·}..:L~.~,)i' i.:.:: ,r.:,: '~ ~'",\ ,.-, '.: ',:, ~ -. , -.--;.r:'.; :. .>'¿ >.:~:'~':. :;" f:':::,~",~,;~ "J.'~! -" '1'/'·,1'" .'.~ Ii (·~1;"~·'):-· ",;~\. t"~," .'.'~ ",' .'.'-..;" '\ '... ~'. 'J.>.~' ..' :., ?~~. . 'to /,:. :....~... ~-\:/' 'iii "',~..~:.~/: '. ~"f.':' ,/ '-: '-'.: ~ './ ".. ~ ,\..1. ·..:.('tr....;:. ::y....(,,~ ~::."''', ~1r.\,.~..<-:},.... :-f{5; ....,,~..¡.... t 't.:~' .:; ~ "';'!"~"'~ .~ -',"'t ' "..., ',f ~$.:' ~..Iy-¡: ....~.. .......... .....,..... '~; I"". .. :' f " ~ .. '~ '. " . ." "'.......,. :........'.·4 ...."\Ot.¿~~.,,JI,.. ~'''I''I' if~~ '\J.... .~~, 'I'" t~;~t. ',( ,...,.......,1"'/ ...~;;. ", ".,.' ,i(.;~·:~~:,~>,~·;;:;;:·~·{~! ;:'.': .:\';(.~.~;:¡;;~~~:.~.: ';' :::-::,: \' ::....: : :', .~.:~;: :~'~ ": ':,:.,~ \.:."~:..': /.:.~:,',: ~', \:,:.~ ~f'ç'c; R. Hom@r, WeQdb'iti~¥fr YES --L NO @ YES~)NO _ I YES ~ NO 16Fl ~5£ T') BJ."dhllm, Sterling. V 6-- ~01..'ert F. Fernandez, Gainesville, FL YES fim~~¥--- /"~~~~L ..hector A. Rivera, SUIT'.JTIcrfield, NC YES NO NO ~;¡, ~~ \J~~ -~ YES --12- NO~ NO~ YES Russ D. BlackblLrn, Sterling, V A YES œ( NO 0 16Fl Robert F. F emandez, Gainesville, FL YES ¡¡;;{ NO 0 Pierœ R. Homer, Woodbridge, V A YES 0 NO~ James L. Ley, Las Vegas, NY YES 0 NO~ Ronald H. Rabun, Lake Mary, FL YES 0 NO rr- Hector A. PJvera., Summerfield, NC YES g/ NO 0 John VI. White, SamsoL'\, FL YES 0 NO~ Russ D. Blackburn, Sterling, V A YES 0 NO ri 16F , J Robert F. Fernandez, Gainesville, FL YESD NO g" Pierce R. Horner, Woodbridge, V A YES 0 NO ø' James L. Ley, Las Vegas, NY YES 0 NO æf Ronald H. Rabun, Lake Mary, FL YES 0 NO ~ Hector A. Rivera, Swnmerfield, NC YES' NO 0 John W. White, Sarasota, FL YESD NO [if ~ \.('.> ~', ~{~ ~:'.;'~,~t1· .~ " , . ... . ",. ... ~ -. .".. ' ::\:;;~~,? i;' ,\ . I. \ I '" ., . . ., '. \ -, . . .,. '- .. .. '- 1 . .' '. . .. '~~: ,;;"i'!~',\ ':" X::\,l:)' :',:; :" ):\" j.. : ~:: '.':, :.' ' '. ", ,.'.'. ~":' .:....~~.<.:,.. ,~' - :',; .:~I.'. ,,~;:~ r>/; :~ .J;" , f:::~ , . .~, ':~" ,Iii, "" "../1 f ) :::... .:.>' ''-'. , . ',,: :', ~ _: . ~ [t .:"; j .. '.. ;'. '\ ''1 ./...... ~... ",~ _ ,'_,. "_,,, ) _, \ . V_' ~ ' .__ '.. ,\. ,.\-. I .. 'Fit ·:'N~. · ::':.,':~;':;:..:~.:-.' "_. ;S~\ ;},; · . . ., ¡. "I"," \ ..~"" .:; ~~ ~:~:~~~'~\r.:; ;_~~ '" ..'., 7,·';'1 /.' J~¥': :~,:. r··;---· . . .~. ~ - . ~ , ~ '" .. >.": ~. r ...~.:. ,\ .". ~"',;.: '.~:. ,.~\~~;;;f~~'l~. ~~~J{'IP~ ':. ;:'. ....~ ' \~ ~.:\~- "~:.\ P:,:".~ ~', .~.~. . .......: r.·...~,- ~'. . ( " ~ I. 'I t; .~. .. :.}::~.:.~...(?;~. ~~, .::;1' . t( . '! .'. ~ :>... I,'..:..',:.: ",0" . . 't, \).'..... -- -- ::::'::r " '.\ '-f, I , : l' I . '. .' .'- . í . , ..-: -..... y ) '. Russ D. Blackburn, Sterling, V A YES 0 NO tB 16FI Robert F. Fernandez, Gainesville, FL YES~ NO 0 - Pierce R. Homer, Woodbridge, V A YES~ NO 0 James L Ley, Las Vegas, NY YES}5[ NO 0 Ronald H. Rabun, Lake Mary, FL YES~ NO 0 Hector A. Rivera, Swnmerfield, NC YES 0 NO'1i/ John W. White, Saxasota, FL YES 0 NO~ ~)~~ ~ fd t J J11 tu F{()z,Ldc1 ~VVVV,v- 0) ft1i) 774- W97 '~ J.....:.:> .:.. :....~. ~'~ '.- .' . ..... ........, L .. "... > .,i ::' "~'. :.'.' .,<-. ·Ii ...~~, '.' Russ D. Blackburn, Sterling, V A YES 0 NO ø' ~z:. / Robert F. Fernandez, Gainesville, FL YES [;I NO 0 Pierce R. Homer, Woodbridge, V A YES 0 NO 0' 16Fl ~ James L. Ley, Las Vegas, NV YES 0 NO ø Ronald H. Rabun, Lake Mary, FL YES~ NO 0 Hector A. Rivera, Summerfield, NC YESø NO 0 John W. \Vrute, Sarasota., FL YES 0 NO 0' ,. - " ~ ':' , . : ~:~'!:.j .... . #'~I,:',: .:...:(.,~: : .::~. ....::.'.:.:/.:(~~.... .'. ...:....:.....' :::....... ;. "'. :. . ,.' . " '....... ._~I$..~..... 011 .Of ._. . ~ "P'"' <r<-____ a . .... ,. : " . ... ~ ~ ", ,~. . '..J .' /. I.,' , ' . . .' '. . .,. . .. " '. ' . . . , \ ~ 1 \ '. ' .. ." , ' '. .: " , , I . , . þ.... . J,' .:. Russ D. Blackburn, Sterling, V A YES 0 NO¿ (fÎþ Robert F. Fernandez, Gainesville, FL - YES~ NO 0 16Fl YES¿ Pierce R. Homer, Woodbridge, V A NO 0 James L. Ley, Las Vegas, NY YES 0 NO¿ Ronald H. Rabun, Lake Mary, FL f YES if NO 0 Hector A. Rivera, Summerfield, NC . YES~ NO 0 John W. Vlhite, S:;.rasota, FL YES 0 NO if i~\~ ;,::: ': >,:': ~ ,j: :}:;, ¡J ~ .. ,_. .", .. ,'" '... :.. , J ,'...., ~ . - . <.~ ~; ~:: ..: ::~ >. \.>.~:~~.., :< ~i .: :"'.' ;:..,,:- ,{ " .':' ,.-' . '. ~.... ',.," "'.'. ",'" ~ Ii ...iII If .. 111:i1 ... ' 14.! ..l '_..", _..... .... \ : ...... ",'.., ,. .,,\.. ....~:,' . ' '::. f" ~ .a .;. ,.' ..... ,:. , ,. :-::::~·~-::;~;·::~?:~~:~~·';;:;'·<::~S~~;:l'.;:..'~:~.><:~!,~:':',., .', . '.~" . '," '>,' .~'::~. I~G-J BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS COF..RESPONDENCE JUNE 10, 1997 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 2. Districts: A. Fiddler's Creek Community Development District - January 8, 1997. B. Naples Heritage Community Development District - Proposed Operating Budget- Fiscal Year 1998. AGEND~ ITEM NO. / o. ~. . JUN 1 0 1997 Pg. / ~l,.."-.'''" ';"~~ '","1','J' :f.~:."~ <~~::: ':'.\,>~.:':' '..\~'.::- ':~':'.; ,7;: :':,-~';.:" :<:'<~~.,~>:.:.":'~..;'..'J~ :~'~":.:': .r:' , , Gary L. Moyer, P.?.. wnd DCI.·clopmcl1t £. :'>lanagemL'l1t Cl)Jl';UltJl1t 16G 1 Date: May 9, 1997 10300 Northwest Eleventh Manor Coral Springs. Florida 33071 (954) 753-0380 Memorandum To: Ms. Kathryn Hankins County Finance DirectorlDeputy Clerk Collier County Courthouse P.o. Box 413044 Naples, FL 33941-3044 C()Ul(TY ~A,ÇER. ROUTIIIG DATI M \ ¡ i ~~~: ACTION: INFO: Clerk of the Circuit Court - Finance Dept. do Dwight E. Brock 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Mr. W. Neil Darrill Collier County Manager Governmental Center 3301 East Tamiami Tr3il Naples, Florida 33962 FILE: STAFF FlU: BY: From: Minutes of Meeting held January 8, 1997 Gary L. Moyer Manager Reference: Enclosed for your records is a copy of the mir.utes of meeting held by the Board of Supervisors of Fiddler's Creek Community Development District as referenced a.hove. GLM/ir Enc. Mi~c.. Coms: 0;"13' ~ /loJ~1 , ¡ J&. ~. I ~,., ji~: Cc.;'J:€~ To: /:.~~..>. ,....~~..:I,~..-~-~..~,~~ ::,;~ :~;. '>.'\~ ::':::"'~ ':~~.".',.'..' ~.~::..:'.::.::"'~' .:,1....·:·.'.. '~', "~ ,,~,.:. ',:.. '.',,' ". '.>:" . ..: --""..,..",-"'....","...,.,._.__..,,,.~-...-~,~.....---><"'~' ~.:.;......~:..~:~.,,:,::, .....'...\.... j,".- ~. ~~.. ~ .~.. .: .': :~'~" ..:-"'~'I~~' . ~'~:. :... I ': 16G 1 MINlITES OF MEETING FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of Fiddler's Creek Community Development District was held on Wednesday, January 8, 1997 at 10:00 A.M. at the Northern Trust Bank Building, 4001 Tamiami Trail North, 4th Floor, Larson Room, Naples, Florida. Present and constituting a quorum were: Larry Mullins Clifford (Chip) Olson Arthur Woodward Paul Riegelhaupt Grady Minor Chairman Vice-Chairman Assistant Secretary Assistant Secretary Assistant Secretary Also present were: James \Vard Tony Pires Terry Cole Mark Strain Anthony DiNardo Assistant District Manager Attorney Engineer Gulf Bay Communities Gulf Bay Communities FffiST ORDE.."'"R OF BUSINESS Roll Call Mr. Mullins called the meeting to order and stated the record will reflect that all Supervisors are present. SECOND ORDER OF BUSINESS Approval of the :l\'1inutes oíthe November 27,1996 Meeting Mr. Mullins stat.ed each Supervisor had received a copy of the November 27, 1996 minutes and requested any additions, corrections or deletions. On MOTION by Mr. Woodward seconded by Mr. Riegelhaupt with all in favor the November 27, 1996 minutes were approved. THIRD ORDER OF BUSINESS Consideration of Agreements A. Agreement y,ith the Collier County Property Appraiser and Tax Collector for Collection of the Non Ad Valorem Special Assessments Mr. Ward stated Item 3 on your agenda is the consideration of a number of Agreements. The first one is with the Collier County Property Apprais'- .. and Tax .::~,>~<~:: '.': ~(':~Ü:i,': ~"~:..'~::..~'.'~';~:..:¿~~;:~/:>':;¿:,:;,:,,,:.,::;;:.;' :... ,.... '" '.:.' . ...,.. .... .'. ""'......._---'" 1,.·;Ci;...>. I>.',,;'::.?....':;;,~.~:.::.\·.~:J:' ,:<::>. :.¡..:::;..~I'·: "',' . .', '.':~::: .. ' ¥ :':~:~~~:.~<.:: ;~,~<:':.~::~' ":::,<', " January 8, 1997 16G 1 Collector relative to the collection of your Non Ad Valorem Special Assessments. That Agreement is still being worked on by Mr. Pires and me and it is not ready for your consideration today. We put it on your agenda normally right after a bond issue. That was a condition precedent to the issuance of the bonds so you will see that come up in the next month or so and with your concurrence we will defer that item until your next Board meeting. B. Assignment. of Construction Contracts for Balance of Phase 1 of the Project Mr. Ward stated Items Band C on the agenda are related to the construction matters for the issuance of your Series 1996 Special Assessment Bonds. Item 3(B) is the assignment of construction contracts for the balance of Phase 1 of what we have traditionally defined as the Project. Let me reference for you what we are doing from a business perspective and then I will have Mr. Pires go through with you the details of the Agreement itself. As I am sure you are aware, 951 Land Holdings Joint Venture had a number of contracts in place prior to the issuance of the District Series 1996 Bonds for the construction of a lot of the infrastructure that was identified by Hole Montes i.n your Engineer's Report as a part of the Project for those series of bonds. If we are to continue with the Project in a manner that is consistent with how that construction had been proceeding previously, '.vhat we are going to be recommending to you is that we assume by an assignment from 951 Land Holdings the contracts that they had in place prior to the issuance of your bonds such that that construction can continue. It helps in the development of Fiddler's Creek and also the District in not having to stop a whole series of contracts, redesign them and rebid them and in the long run we think it wii! be more cost effective for you to handle it in this way. That is the general business framework for the proposed contracts and Mr. Pires will go through the àetails of the Assignment. with you shortly and specifically the contracts with the values that we are talking about. Mr. Pires stated the number of contracts involved is quite extensive. I have here the contracts which are the subject matter of that Assignment. These are the actual contracts that have been provided to me by the Developer which are listed in the Schedule of Contracts on the Assignment of Contracts. Mr. Mullins stated that is Exhibit "B". Mr. Pires stated I have attached the Schedule of Contracts and the actual contracts will be Exhibit "B". 2 "--...---....- t¡J¡!I'Nf~~i:~ ~l;~ \- :I? ';';~1:'''~ ; ~::'.: ~'l~~ ;1~~~~...1r: '~~~~i';1n:3~Y: ;,1:, ~'<lttþ~'" tiw~i "')'1< \ ~4..t"_,, f'.'·\I:.$...:~ ;'¡~....:...:; ': 1 ~;:. ;Y:~:"l~iti~·'~~ .~:~ :X~,.1~'~~~ ,t~,:; ,:~~~~~-~~::~~~~~~: ("'.1...I"«....~1,\FJ.....III.~.. 4:'! ¡'(~:".~:~;..;r~:¿~ , ·:·..~~/~'::~,;:'r·...~ J~1.t·~·:~ '1í~:~~1..:t; ~.~ ~~~!~~t 0','.. .."",.,,111 r :\~~::.~~l~~~ 1 ,~".'t':':'; "~f' .~.?:!~:: ~...j-';?-~~;.~ ;:.?t~t:~~¡;ß~'~f' ""~'1-t.,,:.:'{, f",¡ '0":"':1,. ,of,_.", ~~.;:"'-~~,'" ~"t.:4.-. ~~, '¡!Ilt~ r¡'f:, ",~-~\:.,. :?;;S,i.::'> .,::' ~.; ::/>; January 8, 1997 16G 1 :;".,~ 1';-_ .'l~.' ~ -·'Y?~ Mr. Mullins stated we do not have Exhibit "B". Mr. Pires stated I apologize. There is a listing of contracts that should have been attached to the Assignment. Mr. Minor stated we didn't even get a list. Mr. Mullins stated Exhibit "A"' was going to be the list and "B" was to be the actual contracts. Mr. Pires stated it is difficult if not impossible to go through in a short period of time and physically change all of these documents now. I had the language in the Assignment relatively broad as to the opportunity for the District after my review to make changes as necessary to have the contracts conform to the requirements of Florida laws dealing with a governmental body. That schedule that I have attached to it with regards to changes that need to be made to all of these contracts to make them comply with the Florida Law and I have also put language in there that any other provisions of Florida Law that I deem necessary or appropriate. Also, we will be relying upon the Engineer's certification that the scope of the work under the contracts for which the District will be paying, therefore what the District will be assigned are solely those within the scope of the Project as outlined in the Engineer's Report and in the bond issue. By way of example, some of the contracts have work that is being done for the Developer, 951, that is not within the scope of the Project as described in the Engineer's Report or as described in the bond issue. The District is not paying for that work, and will not pay for that work, because the requisitions are looy.ing to the Engineer's certification that the work is within the scope of the project. That is ,....hy I had language in the Assignment of Contracts that any work that is outside the scope of the Project is not being assigned. Only those portions of the contract dealing with the Project are being assigned. There is one other aspect of t.his and I discussed it with the representative of the Developer, Mark Strain. It is my understandirrg, and I would like to have him state on the record, that some of these contracts are dated a couple of days after the effective date of the Project Improvement Acquisition Agreement. The Project Improvement Acquisition Agreement ,vas executed by the Board on December 4th 1996 and some of these contracts are dated into the second week of December 1996. I discussed this with Mark Strain from the Developer and he has advised that all these contracts were finalized as far as the terms and conditions. In fact, under some of the contracts, work had already begun but the contracts had just not been executed by both of the par~ies. Mr. Strain, wil1 you please make that representation on the record so 3 ~,\¡Jf~~~r/i:n;',::? ''',';JL~.·~':.;); ~}}),:::~ ':wj ~~L:~·_?:, "...-- January 8, 1997 16G 1 that we don't leave anybody with the impression that these papers were signed when they were not even in any final stage and they were all speculative, but they were not speculative, they were all finalized, hardened contracts and arrangements just not fully executed at the time of the Project Improvement Acquisition Agreement. Mr. Strain stated for the record, the contracts that you received were either negotiated and they were in their final negotiation form or work had already started, in some cases both, on each and every one of those contract5 prior to the effective date of the Project Improvement Acquisition Agreement. Mr. Pires stated if the Board would like, I think it will be helpful for Mr. Strain to go through the contracts to briefly explain what the contracts are for. Ple8.se give the dollar value as well as the nature of the work. Mr. Strain stated the first contract is for Accent Golf dated October 1996. It is for $99,132.00 and Accent did the front entry bulkhead around the main lakes as part of the entry feature. The next one is for Boran, Craig, Barber, Engel Construction They were contracted to do the gatehouse and that is for $176,000.00. The next one was for George Botner for the working drawings for the median along 951. Mr. Pires stated as an aside on that contract, as I mentioned to you, some of the contracts have scopes of work beyond what the District can pay for or is outside of the scope of the Project. This is one of those contracts. The District is only going to be paying for the median landscaping along 951. That is within the scope of the Project although Botner is doing other work for the Developer further north 3.long 951 from a design standpoint. The contract is for $26,000.00, a portion of which is C.D.D. Mr. Hiegelhaupt stated let me pursue that. On that contract, let's use it as :l good exam pie. When the contract is modified as a result of this, will something be put in the contract to delineate what is the Distri'ct's and what is the Developer's? ~¥lr. Strain responded I think there should be, that would be beneficial to both parties. Mr. Riegelhaupt stated that is what I am concerned that this not be left to the Engineer's judgment solcly, that therc be somc documentation what the division of work is from a legal standpoint more than anything else. Mr. Pires stated I think from a legal standpoint and tracking the work, we r.eed to have that. 4 _ ". . . J I _ ~ ..' ,. .' . ; .' . '. .... ~".~ ': . I .~'. -:':': \. .:., I .'_' ....~ '. :.,:<:~(-': .. ..',' : '. ".:.. ',' .' .. : .:': ~ ...... ..... ~ -..~ . +: ~' ... . ~ '. ' . ~.. \~" . . ~ .. . _ "t .' \ .-' . if .. . January 8, 1997 16G 1 Mr. Riegelhaupt stated my concern is if someone gets killed at the other end of the Project on something that has nothing to do with the District, that should be very clear whose liability these things are. Mr. Strain stated there are two contracts with Coastal Pool Mechanics. One is for the structural concrete base wall along the entry way where the signage for Fiddler's Creek is going to go and the other is for the decorative rocks that are on both sides of the entry. One contract is for $56,000.00 and one for $82,500.00. The contractor Certified Concrete Products did the foundations for the rock work. That is in the amount of $169,000.00. Mr. Pires stated Certified Concrete Products is for 8' high lap siding style woodcrete wood pattern concrete fence. Mr. Strain stated that is the security fence that is going along Mulberry Row. Coloret Electric is doing all of the landscape lighting along the entryway. That is for $60,500.00. Doria's Landscaping is the contractor for Phase lB and that is for $1,229,000.00 and I am rounding these numbers up. Guymann Construction has two contracts one for Phase lB which is all the infrastructure f¡~om the guardhouse to Championship Drive. That is for $6.6 million. The other Guymann Construction contract, which is nearly completed and is for Phase lA, ifl for $2.9 million. Pompano Pavers has the contract for the pavers in Phase lA for $39,000.00. Quality Graphics is the company doing the Fiddler's Creek entry sign, the letters that go on the monument wall, and that is for approximately $6,000.00. We have three contracts with Team Plan, Inc., one for landscape design conceptuals for Phase IB for $10,000.00, one for the entrance road area by the park which is $18,600.00. Not all of that is C.D.D., it has to be separated out. Another one is the entry feature for Phase 1A for $22,500.00 Most of these are cc-nceptuals. Turner Tree and Landscaping has a landscape contract for Phase lA for $742.00. That also includes the sales center which I have to separate out. J,\ck Lieber, Lieber Landscaping has the actual work drawings for Phase lA and IB for $313,000.00 and that also includes the sales center. Mr. Pires stated I think there are also some aspects of the Lieber contract dealing with the golf course that may not be part of the District. We are assigning only those portions attributable to the District. Mr. Minor stated this is more than half of our first bond issue. Mr. Cole is going to certify that these are part of the C.D.D. work, Mr, Pires is going to make SlUe that it is all legal. Is this consistent with other C.D.D.'s? 5 January 8, 1997 16G 1 Mr. Ward responded yes it is consistent with the process that we utilize in many of our C.D.D.'s. If it is the Board's desire, we would need a motion to approve the Assignment of the Contracts from 951 Land Holdings to Fiddler's Creek Community Development District subject to a breakdown of the contract values between the Developer and the District. On MOTION by Mr. Minor seconded by Mr. Olson with all in favor the Assignmen t of Contracts from 951 Land Holdings to Fiddler's Creek Community Development District for the Balance of Phase 1 of the Project was approved subject to a breakdown of the contract values between the Develo er and the District. C, Construction Management and Funding Agreement Between the District and œ1 Land Holdings Joint Venture Mr. Ward st8.ted Item 3(C) on your agenda is consideration of a Construction Management and Funding Agreement between the District and 951 Land Holdings J oint Venture. I will go through the conceptual business deal that we are entering into with 951 and I will ask Mr. Pires to go through the specifics of the Agreement itself. There are a number of ways that you can handle the day- to-day construction management and contract administrative duties related to t.he implementation of these projects. In many projects such as Fiddler's Creek, wh'~re we have a primary Dev'210per responsible for this property, generally they have a relatively sophisticated staff who can oversee (- assist the District in overseeing some of the day-to-day functions of those contracts on site and they generally can do that at a cost substantially lower than what it would be if we would go out and hire a Hole, Montes or Wilson,Miller, or some other engineering firm to do that. In this particular instance, 951 Land Holdings has offered to the District to assist us in the management of the construction related activities on those projects that have been identified by the Engineers. There is, and will be, oversight responsibility by Hole Montes to the extent that they are going to need to be able to certify at certain points during construction those projects and completion of those projects necessary to meet the regulatory requirements and also to meet the District's own internal requirements relative to satisfactory construction of those facilities. They have agreed to do that for a fee not to exceed a certain number and the Attorney will go through that with you. Over the life of thi!ì particular project it is consistent with the amounts of money that we have in our Phase 1 bond issue for construction of these facilities. That is conceptually 6 ~':.. ::: ,.'\'.' '.': :.:"'~.:\~ . - . . . . - ' :¿>~. .':>.<"":':. .....,,;.<.'..::.. :~,' '.'.":' " "', . . .' . ,'." '. .." r'··'___"'·_ , ~." ."-~ ~ 't' :.~~ .. :..~,.~.. ... ~'.' I,;, '.'.:.:~".~.. ..",'"\~.·,:,"'I '.. ~..;':.:1. ";::".'." "'",,:-;,'1, \..~' .....,"',..: ;",' ..",:"..'::l ,,'... ", January 8, 1997 16G 1 what we are looking at doing, essentially utilizing the services of the Developer t.h3.t will help benefit the District in the cont.ract administration and project ov~rsight of this particular program. Mr. Pires stated please look at page 4 of the draft that you received yesterday which had in paragraph 2 the compensation for management services a fee of three percent. That has been deleted al".d revised to a number which Mr. Ward indicated and it is a "not to exceed" figure of $453,000.00 for the management sel·vices to be provided by the DevehJper under this Agreement. Mr. Ward has articulated very well what the Developer will do: Perform an oversight function in conjunction with the Engineer to make sure that the scope of the work performed under all these various contracts is within the contract specifications, within the scc'pe of the contract; help manage payment requests and necessary releases of any liens; and any other functions dealing with the management and administration of these construction contracts. So that Terry Cole isn't burdened wit.h it, employees also will be acting as District representatives of the Engineer to make sure there is compliance and the Developer will be overseeing it subject also to review by the District. If the Developer says something is okay and Mr. Cole says it is not, or if I say it is not, then the payment may not be made and the work may have to be corrected or revised. Once again, this helps to maintain the flow so ::hat when the District has these contracts in its name, it has an entity that can help manage and oversee it. lvIr Mullins stated my only question is, are we paying Mr. Cole to do that alrl~ady. Mr. Ward replied it is a two-step process in this particular instance. What I call the day-to-day functions, the actual inspectors that are out on the job, on-site on a daily basis, overseeing these construction projects an¿ the review of the pay estimates to insure performance and assure that the work that the contractor has indicated is in the ground is, in fact, in the ground is and will be the responsibility of 951 Land Holdings. Periodically, not on a daily basis and maybe not even on a monthly basis, but maybe every six weeks or so and periodically through this Project, Hole Montes will inspect it at certain points to insure that it was con~,tructed satisfactorily for the District to be able to eventually take title to it, and in Gccordance with the regulatory requirements, they will literally sign and cerLfy to that effect so it is a somewhat different certification. You are not going to be paying twice for it, you are actually getting a better deal in that you will have the Developer's representatives on site essentially all day, every day of the week. 7 '..'i'i__ ,,~:f;~~~~.'ji¡\'."<~::~:·.::~~~\~ . ' ~: ""'- -__ ~",t(' £'d < !. ,",- /~..,..=, ) ·.~~\·,~'~~·t;f ~.". .. .,ø'. /- :. '.1-1" \,t",.c~"-';~"- .......(~..... 1~.... ".[."..-' ~): ~~~ .~,;tt~;!, ~y - . r····~'·,¡·· , ~ J. .J.: ,'~' ,~.. ...Io~'~~\ . .. '.,..', ',_ ''';' ""}. r.~. ':"'" ,,~. . ~ ';. ...e;:. ." ('~ ~ 't, '"., . ....; ~ .. .. ,.., , .~ .. '''', "'. ..~..., ~. I' I' , .. . Ii ' ~ '>.. '. I ... .. ~ . .. .. "., ........ '. .... ..'" .. '-;'.'J.. "'t._ '!"-l.,'..;.:'--... I ·.ti:.........".. - ·.f..t·..~·..:. I. '. " .... - ~f ....""'t ........".J ....., ,("1" . ..'.J'.... I~ .' .' .:....f .'-' .." .... .. .. ,'., 1~ ·t.J'~~···~.¡...\,'·'..:.....·)·,.."k.'...:..i.... ;.'.-, t'\':"1" . J '.., ,I: .~ ~_ ...' ~ ".. . '.: .... ;- t ..".'1. ) .. ....~ " ;, . . January 8, 1997 16G 1 t.\.,·,.". . .,. We could not literally aITord that with Hole Montes so you are going to be getting a substantially better project in the long run by virtue of the fact that you have outside eyes looking at that contractor's work every day ail day plus you will be getting some additional oversight responsibility by your Engineer. Mr. Mullins asked who do the people on site report to then? Mr. Ward replied the individuals for 951 Land Holdings would. I assume, report directly to Mark Strain and then the internal communications link we have is between Mr. Strain and the three of us as your staff members. Essentially, we wiLl finish that loop for the Dist.rict. Mr. Minor asked is this $453,000.00 for this schedule that we are approving tod.3.Y, this ten million and some, or is it for the twenty million bond issue? Mr. Ward replied it is for the bond issue. Mr. Minor stated the fee went down. Mr, Strain stated actually it is calculated on a percentage, the active part of the bond issue is $15.1 million, it balances interests and costs. Our management is going to be on the $15,1 million expenditures. Mr. Minor stated for actual construction. Mr. Strain stated that is what we based it on. Mr. Minor asked does it say that somewhere? Mr. Ward replied I understand what Mr. Strain is saying but from your per:;pective, in my mind, it covers the complete bond issue amount, so whatever con:;truction we have remaining which is essentially at this point the two million dollars which is covered by this Agreement. Mr. Minor stated they will oversee all of that. Mr. Ward responded that is correct. Mr. Olson stated my only comment to that is their time is worth X dollars and to have somebody on site is very valuable to us and to them but at the same time, they have a vested interest in having it done properly so if we are going to vote for it, I would vote in favor but at the same time we have to consider in the back of their minds that one way or the other it is going to be done properly beca.use of the vested interest. J\Ir. Ward stated absolutely, bringing the Developer into the fold sa-ta-speak und~r this kind of scenario protects both the Developer's interest and then the ultimate homeowner's and the District's interest is insuring that we get a quality proj'~ct at the completion stage. I<~·? 'C" ,......,... 11:1:111 ~.~ _ t . _ . '- ~ ..1 1-_ ( 'tr:-tt!.r~<~:.:~~: :!-« ;":i~~~~~ {~:.~,1:. _í:.~r..\_.(~,~; 'k"(. ;..r-: :j'·':f~}~(~':" ),t ~'~é,::~ ,~:r:· ~1~ '-';~':5~)!~'~;~;~ 1.,). _~-'-~\T'-""l ~~:.. ~¡!ï J~¥,,;_~.;..-.. \f.¡!¡?~1 Zi\: ,H:El ~'I'/:-H 8 :" ~. '. #- .-..... '. . .~.,.; ( ~..' .'. ,."':" -t..~\._.>.:\ ......~.':'.~ :>'¡~".,:(: '. . t. "ç 111-___- <-_:.:.~~~~i·')":~~ß ~¡j: , .V¡......,../..,(. AJ' ~~ '; ~~:Wg!1¡ ... '.'. { ... .'. '. ". ./ "\"'~'>""'" : - ~ , ... .. . ¡ .' \ ," .".. . :.~ "-, . . ,; ..... '. >.J..... \ . " ~ d ~~. , 'I. '..::. J" II» .... '.' ". .:~;;.~:;.:.~ ;/; .~;;,.. .<:<.~.!/~>,:..:, '" ~'. i : " ".-~.',' ' , . January 8, 1997 16G 1 Mr. Woodward asked does the Florida Statute have any reference to who shc,uld supervise the work or is that up to the Developer? Mr. PIres replied as far as the District's work, there is no specific requirement other than hiring normal professionals. It is just good practice to do tha t. ¡~"/ J\··i';:~' ~f~¡1~ ~ :~?'~..l~:"~:-':~!'~ ~~~f2i¡;:~j .~ -..., ~'l· ~(~~~~ 'i·,·I)~· : ,rf..¡.., .,4·':.),'.1'['j·;;';;'1,;;\· :I!>~~i·f(P'.~\\~ ¡~¡;~H;?6'G~ l'n[~~~' '~;!i-~ 5 ~~f!f~f~ ',~~. ~;.(-.-(, ;i!~J.,' Mr. Mullins asked is there any further discussion on this matter? Mr. Riegelhaupt asked are we going to go through this because I have other cor.siderations? Under "Compensation" on page 4, there is a typo. It should be "limainil1"g contract amounts". On page 5, paragraph "c", towards the bottom of tha t paragraph, it says "Pote:ltial contracts". I don't think '·potential" should be in there, it should just say "contracts". Under item 5, ·'Insurance", what is "casualty business interruption"? I am not familiar with that term. Mr. Pires replied if it is a business interruption due to a force of nature or some other kind of disaster that a business can't operate. Mr. Riegelhauµt stated I wasn't clear whether you were talking about two separate things, "casualty" and "business interruption". I never heard the two of the m joined toge ther. Mr. Pires sta ted we may make that change to say "casualty .ß..llil. business interruption" . Mr. Riegelhaupt stated that would make more sense. The other question tha.t I had relative to this paragraph is the one million dollars. I have no experience specifically with these kinds of construction projects but, for instance, I have $1.2 million for my condo apartment. Is a million a reasonable amount of insurance based on your experience? I would think not. On any project I have ever been on, we talked much more insurance than that. If a carload of people touring Fiddler's Creek got crushed by a construction vehicle, a million dollars wOilld hardly begin to cover the issue. Mr. Ward stated what I was going to indicate to you is that the insurance tha t we are talking about is from the Developer to the District in terms of what negligence he might have in terms of the administration of his contract. Now tha t we have assumed an assignment of those contracts, we would be protected by the Sovereign Immunity Statutes of the State which limit our liability significantly behw the million dollar limit. I think they have just been changed this year to $300,000/$500,000 in terms of limits of liability. I will tell you that doesn't cover you if someone was killed on site. That is a federal violation and you could be sued in fed'~ra¡ court, however, even if that occurs and you see that happen in this state a '",'. ';. .~ .; ',", ,," i~~{:~;~::~~~., t~0~~¿'l!;', \;:., ". "," ,. ~¡~~t~)~:~; 9 .~;.:'.':"~:"~~' .' ~~ ~::>~~ .> ~~1o:':2'~:~-~ o:':c,:: -,': ._ ..,;...,............ v·'I,;~-;~J.':',~7"'~ ';, ~". .I!\;., ,;1" -:...' ~ ,~~1:~ ;:~;' .;1..... .1·,1·...'" <,' ..~\....\..~ 'x'" ~4 :~':..,..~~.,...:. ~ ,.''''''f :...... ....:....\1 . ~::;.~:, ~}r:·::~i~;:,:;:·;.:!:'~)· .':·t .. .. . . .. .' . ' ....' '. .._·~...__n...._ '_'<IO'f"""r ~BJ~if;¿;;, :'.i\:j§(;,·· :<if '("''''':'.'''' ·r;~~~:'f~<,·:::.,~ .- ....,. .: '..'~. 'J! .p,.,"!;.,:.,:,! !)r' ~~, :~~:'~;' "~:'? '';,'r ,~~ ~ ;!".:~ ~~;~t :c:\:..';{ ~:.~~.; !~;~mf¡ ~ L~~\~:.~ !./\.~,¡.~~ ~. r, ~':r.. ..'''";../ ~'...,~ -.. -~ ',,:. Þ' ~ '.'~.¿#' .....¡.... ;... ~, : 'J" ".. .~ . '. ..;' ? : : ~'.. :;::' -~ :-.¡' '~ . .. . ' 1", .,. .' '.. ...." '. .. / '1 . . .' .' . "''1'4'". .. ···-"Y;~·'t"".\...f,: ~t ,,.1JI.'-' .....--,.... , \''''1 >- ~ ,," ," ".-' \:.:~,~:::\:.,,;:.;~ I~>·~·\:;~..·:'::.:'·,·X(>. '..::'.:. .... .:,' . . ,,' \ J\ '... ~ .- f J" Þ, t.' .. ~ ... _ I ..' ". . f . ., , ' ....:..J ..··r......·.'iI:·,..,<..;...J:·.....~ "":""/1.":;", ", : January 8. 1997 16G 1 ....~.:¡,.~4.',. /~ (,~,~ ~w;~~~ ''!~, ,1!.r;,:..~ ~~~)1v~~g ,:t~\.'¡~~_:r;,-.. ~.?!J ~S.~K[{;i~?; ·;11~,.-:.,';,;~ )~~? ~l¡t'l ~:.¡ '>.:5.~" ~!. .' ;é' ~r~~"t15 ....:...¡,f.,t;~ ., . kt where you have public hospitals or police departments where there has been some sort of a negligence and someone has died as a result of that and someone will go to federal court and get a judgment against that public agency for something in excess of Sovereign Immunity Statutes. The only way in the State of Florida to collect on that amount of money is to go back to the State Legislature of Florida and ask them to approve a claims bill that grants to that defendant an amount of money in excess of the Sovereign Immunity Statutes. Mr. Riegelhaupt stated I am satisfied with that but if I were 951, I would c·)nsider the implication that we are jointly insured. This indicates there is a joint insurance coverage and it would sort of say that 951 is going to be under- insured not the District based on what you have said. Mr. Ward stated I would agree with that. Mr. Riegelhaupt stated that is not our business and we will drop that point. I have a philosophical problem as I get to item 6 and also a similar kind of a problem with the Default item. number 10. Let me see if I can voice this in some reasonable way. Item 6 and Item 10 are standard boiler plate paragraphs that are put in contracts where you have an agent as constructor, engineer constructor, or 2ubcontrac:tor to protect yourself. The relationship between 951 Holdings and the C.D.D. is quite different. That is not the legal relationship that exists between the two of them. There is a certain merger here of common interests in this particular document and so putting words in about knowing, willful or grossly negligent misconduct I t.hink is out of place in this. I think this number 6, Indemnification, is really for errors and omissions. The issue of misconduct between 951 Holdings and the District would almost occur every time something goes wrong. we would have to sue 951. It waves an awful big red flag and I am not saying this in a good legal way but to me if something goes wrong and 951 is not willing to fix it and let's use an example because on most of these projects, there are errors in surveying and let's say a road is misplaced by fifty feet and crosses somebody's property other than 951, and eventually the owner comes through and sues. Based on this Indemnification paragraph, the only way that 951 will agree to correct this issue is if it can be proven there is knowing, willful or J~ossly negligent misconduct. They are going to tight not to have to do this. I l;hink this paragraph doesn't really belong in here and the change that I suggest j.s this: I put down Indemnitication for Errors and Omissions and what I say is 951 agrees to defend, indemnify and hold District harmless for any demands, daims, costs or expenses (I put down "not including attorneys fees" as I think the r··;..·,,·,; 1 0 .: "" ~.~:,~:~.>-.:, .:;':......,..~ ~ ~.'.;. ~¡..;.:~.:.~.: '~:...,...~ .~,<..~...;>~~.:\~;,<:>.,~,..'..'.: ..,-:....:-:...,.;:.: '. . . . :'., :. ". < to. " . .. -.....-- .. ---- I"~ ··Vf....H__·..~,'^.^.,·., "'__".,......"". ~ Î':....¡,>:~.~<;.<.:. ;': <. ,.::,~ .:~,. . : ~... ,', : ":1 '.:.' , . " . '. ,'.' _' .'.~ .:~;/ ~'(¡.:: >':;/ ,. ~ ,',;.: ·:S~'j"· January 8, 1997 16G 1 District should defend these things) incurred by District by a third party as a result of 951·s design and construction supervision. Not having anything to do with willful misconduct. If you 951 subcontractors make a mistake, then 951 should be responsible to fix it. Mr. Pires stated part of the problem is that because of the nature of the situation, the construction that is being overseen by 951 under this Agreement would be of contractors and their subcontractors and those contractors are now the District's contractors. Mr. Riegelhaupt stated I understand that. Mr. Pires stated the idea of attorneys fees is important because there may be a resolution of a matter but the attorneys fees can be so expensive. Mr. Riegelhaupt stated I understand, that is why I think the District should pay for attorneys fees. They should defend these situations, 951 shouldn't bear the entire burden of this thing. If there is poor surveying, the District isn't there with any quality assurance, the Engineer isn't there with any quality assurance, this is entirely 951 and its subcontractors' problem. This is the kind of ~:Jaragraph that 951 ought to have in its contracts with its subcontractors but we :;houldn't have that. In other words, we have a better relationship with 951 than that. Mr. Mullins stated I understand that the District would defend it but that the costs incurred in legal fees would be paid by 951. Mr. Riegelhaupt stated no that is just the opposite, 951 would defend and pass on those legal fees to us. Mr. Pires stated the option is there, it could be both. Mr. Riegelhaupt stated normally I would expect 951 to defend. forIr. Pires stated the District if it were to defend could make demand upon ~151 for payment of its legal fees so both could happen. Mr. Riegelhaupt stated what I am questioning first of all is that point. The bigger point that I am making is that the only time that 951 will agree to correct cen error is \vhen there is gross negligence. I find that difficult to swallow in a contract like this. Mr. Pires stated you may want to make it broader. Mr. Riegelhaupt stated no, it shouldn't be an issue of negligence. You can have an error in engineering, that is not negligence. Lawyers don't understand that but engineers are human and there are errors in surveying and soils testing and things like that and that is not willful negligence. What I am saying is to 1 1 ~\:.~~:~T~. " .:'. ~'\.:~:: '~::.,- , , - . \ I. .. I . I...~ :."~ ! .' :. ~,J. ,. , , _ .. ~ '-1... ..... \".,." ~:- . : ~'... ~ c._ _, . ~. '~:.' ",' '!o. .,~~; . :::\·,~".·/~ ." :.- ~ "'.I " ,-j.:. ¡ ',.. ". '. .. .. .~ .. . ~ J. , .. t . ·::~~~:;I<~<~;"~·"><·~"·::-'''~~~~ .t'-.·~·~,:<.>:··:.;,_:, 1.< ...... .' " " :, ,"." ,',., ,:¡';~~>: <: ~~ ~~:.';,::~.,: \ .' :":'.',',:' ::',~,'I~.,':'''?'¡':').^~·''',.'' .'>: ~:"¡'<'... ',',,:,' i ," ,', '. . " January 8, 1997 16G 1 take that "knowing, willful and grossly negligent misconduct" out and just put "design and construction supervision" in. You have to take responsibility for anything you do, Mr. Pires stated we should keep something in with regard to their negligent misconduct under this Agreement because of their certification to us, representations to the District as far as authorizing payment is incorrect. It may not be broad enough, Mr. Riegelhaupt stated I just thought I would raise this because it then gets to item 10 on Default. This is similar in the sense that we are sort of joined at the hip, we can't default each other. We can't kick 951 out of there at this stage of the game nor can 951 kick the District out of here. Mr, Pires stated we have to retain that right to maintain that separate interest recognizing that at this point since they are the primary landowner, they are the prime Developer and there is a very close working relationship. I approach my discussions and dealings with them as I represent the District and that is my client and 951 is the Developer and we may have mutuality of interest ultimately now that the product is out, and ultimately the infrastructure is installed, but I am looking down the road one year or two years in those kinds of ;;ituations where you recognize that we do have a mutuality of interest but I think :here needs to be provisions in case there is a falling out. Mr, Riegelhaupt stated my thought on this was instead of "Default", I think "Default" is the wrong term completely, I think what that paragraph ought to be 'headed is "Disagreements", There could be a fundamental disagreement between ':he District and 951 over some issue and I think there maybe we need some ;;entences on arbitration rather than worry about default. Maybe there is some i)ther way out of this, An issue of default is completely unacceptable. I say that ~his just relates to disagreements and those disagreements should be settled and there should be some words to say how we settle. Mr, Pires stated in here if the District believes there is default or vice versa, there is a mechanism, an opportunity to cure it in thirty days. If we say you are not doing your job or they say you are not paying promptly or something else is not in compliance by either of the parties, there is a cure period for the party to respond to the alleged default. Mr, Riegelhaupt stated I find the paragraph itself obnoxious and we ,3houldn't even have that consideration in here at this point. I may be wrong, it is a legal problem and I can't solve that. 1 2 ~;.\;:~.~.:::'~»',:;; ::<'~,' ~,:L:·;, " .. - . '" " 1-, . ~'>:,'~'.:-,.,.:'.<>,':.>,:,,'Y,' ~:::'.: ,.,.", ",' ......------.. _' ,,'f .... _ """', ~. þ'"". .. . . # .... . ... . '," ¡;' , .... . ,. ". f. "'I ,,'.J,' ., . . '".. "';'. . , ~;': ,:'.;,' , ~>",: .'. ,-';' :" :.1' '; " :' ". r.'.. '." ' , , , ',' , . .. ~ ";.1-'. ",l . " ~. If .' I . ( .. . '. 1 t. "I . _ , .~,~~:'~:- ~.,.; ';.', ','~~';., ,~(...~;;:., '- ,:.~'.< :. :', ,;', :- ' ," ,';, ", ", January 8, 1997 16G 1 Mr. Ward stated let me give you my perspective on it I understand your point on the indemnification clause and I don't particularly have a problem with that, You wi:¡ find, however, that with most of the contracts with your professionals, you don't even get an indemnification so Mr. Pires doesn't indemnify you, I certainly don't, neither does Hole Montes in the administration of our contracts. Maybe we can work out some language that is acceptable to both 951 and to the District that doesn't go to the gross negligence standard but may go to some lesser standard that is acceptable to both parties. The default provision in bond documents is a whole section that is ten pages long on default. I think it is important, \....hether you call it a Disagreement section or a Default section, that you have some provision in here that allows you to work out whatever that difference may be whether you call it arbitration or something else. My concern would be that if we the District Staff see that 951 Land Holdings is not performing up to the standard that we deem appropriate for this Project, we need to be in a position to v,lork that out with them and cure that situation and if that cure doesn't happen that is acceptable to the District, then you need to have some provision to either terminate this contract or provide a remedy so however you work that out, whether you call it a Default or a Disagreement provision, you should incud it. Mr. Riegelhaupt stated let me suggest this. Since you are involved with many of these C.D.D.'s, jf this is typical language for this type of arrangement, then I have no problem with it. Mr. Ward stated it is typical. Mr, Riegelhaupt stated it is raising some red flags that I don't think have to be in the contract but jf you as the Counsel feel it does and you as the Manager feel it does, then I am outvoted, Mr, Pires stated from our perspective, it has always been a positive arrangement for the District and the Developer. I think it needs to be in there for both parties, It works out well for both if there is a problem from either side. Mr. I'vlullins stated we do have to maintain a distinction between the two organiza tions. Mr. Riegelhaupt stated that concludes my concerns. Mr. Ward stated the standard is a negligent standard and I understand the concern. If the Board would like to approve the Agreement and ask us to review that section for you and see if we can work out something better, we will try to do that for you. 1 3 \- . I. "11..." ,.:,." ~ I- \.;~.. ~ }~:.;~ .... .. :' -/...::'. .ñ::'~~ ~... ~..4,:;. .1", .,." ::~_ ;...., "~ '=\ : ~::(,~,,\_~·.:<.i<;:::'~:':l·::··\_~~<·':·:<,'f,;.,,:"/,':!",.~,:, _' ,',', ::, :-', '."> .. -- ~f"'_'" '" .. ---- ,,------ . ~ .... J.:.:..... " . __. ~ ~... '. .. . . : ~ ~. , " .., ..." .', . . , .. . '.. January 8, 1997 16G 1 Mr. Riegelhaupt stated you are our Attorney and you read this every day, is this standard? Mr. Pires replied it is standard and it provides protection to the District. 11r. Ward stated it is fine 'Nith me as well. Mr. Mullins asked are there any more questions? Mr. Pires stated if there is a motion, you may want to include the suggestions that Mr. Riegelhaupt made with regard to the qualifying language on deleting the word "potential" in paragraph 3(c) on page 5, and the top of page 6 clarifying the issue of the proper insurance coverage and changing the language to "casualty .ª-lliÌ business interruption". Mr. Minor asked is it worthwhile putting a mediation clause in? Mr. Pires replied generally it is just an expensive way before you end up in court. What happens a lot of times is you may get an arbitration award or in mediation and if you contest the arbitration award, you have to go to court on that. The problem is if the award i'3 made and the other party refuses to pay, you have to go to court to enforce it. ~-- On MOTION by Mr. Riegelhaupt seconded by Mr. Minor I~'ith all in favor the Construction Management and Funding Agreement between the District and 951 Land Holdings Joint Venture was approved subject to the modifications. -...-- FOURTH ORDER OF BUSJNEs.." Staff Reports A. Attolney Mr. Pires stated at the November 27th Board meeting the Agreement with Hole, Montes & Associates for Engineering Services was discussed and certain concerns were raised. Some changes have been made and you have those before you. If you have any questions, I will answer those for you but it takes care of and satisfies the concerns raised by the Board as to the Scope of Services and the nature of the protection being afforded the District by the Engineer. For example on page 3, under "Accrued Regulatory Compliance", there is an additional last paragraph about the Engineer providing to the District a list of all of its materials, manuals and memorandum necessary for the Engineer to provide complete competent services to the District and then the Engineer shall maintain a current updated library of all of its materials. Mr. Riegelhaupt stated those were exactly my comments. .,¡'~ ,:,: ':::' > ~:,,-::-" :;. '~·L: 1 4 ~' ,. -.' ~ ,. J, ., ,'~. ~ .~;. :\~': : I ¿ '. .} ',. . ,! . \ ", ..... , <;..:"(.>:;.,.::.<~:';,~:'....:,'.' ....:>.~:- ."><.' .:.:.':......:.;.. '. January 8, 1997 16G 1 Mr. Cole asked did you receive the sample specs I sent to you? Mr. Riegelhaupt replied yes I did. Mr. Cole asked is that what you were looking for? Mr. Riegelhaupt answered essentially but it is hard to tell about the completeness of it. Mr. Cole stated for the individual items that we have designed, there is a section covering each particular item. In that individual section, it references standards and codes. Mr. Pires stated it may be hard to keep them up to date but every now and then the Manager could write them a letter saying please provide this list and they have an obligation to provide it. That modification has been made to that page. On page 5. before the county was shown as Lee County and now it is Collier County as it should be. Under "Shop Drawings and Sampling Review", we have deleted the prior language whi~h stated that it specifically excluded from the Engineer's services review of di..nensions, quantities, sizes, construction details, completeness of drawings and means or materials used in fabrication or installation. As opposed to excluding any services, we have delineated what the responsibilities are with respect to shop drawings and sampling review. I don't know if that addresses all of the concerns raised by the Board members but if it doesn't, I will be willing to listen to those concerns or comments. Mr. Riegelhaupt stated I think this gets to the issue of the District Manager \vanting certain quality assurance and the Engineer is obligated. Mr. Cole stated I think your question last meeting had to do with when you are checking shop drawings, do you check dimensions and the other language excluded t.hat but we do generally check dimensions and other details of what they arc submitting and I think what is in t.he Agreement now is that we are checking to make sure that everything is in conformarrce with the specifications which is our responsibility. We are not going to go to a prefabricated concrete plant to check the construction of a precast structure but we are checking the s'1op dra.../¡ngs for conformance with the plans and specifications. NIl". Riegelhaupt stated we are saying something somewhat differently and maybe we ought to make sure that you understand what we are saying. If the District wants you to go to a prefab concrete plant and check dimensions, we will request that you do this and you will do it. If you can't provide these services, we will have to get somebody else to provide them. I think you had better check with your management as to what we are saying. If for some reason we find certain 1 5 -;~'.~';:''''.:~'.'~~:>~ ::::·:··~-·:,:>.X··'; ~~ '~{-\':.:~.',,:,:; >:, :'~", " ,', ,- .:,.:~ ',.t'·';"':; ." ,:.' ~.t,,~"'": : ,.,:' :': : <"tw:·J'~ît.,··:"..f:". ':"~'.:<~:,;.......;, ~ ~".:, ~ì~'L. .;~: .....'.. J;~~: ,0 ~, January 8, 1997 16G 1 discrepancies, we want you to provide certain quality assurance. We would hope that Hole, Montes can supply it because if we can't get them to supply it, somebody else is going to have to supply it. I would think that you would be delighted. Mr. Cole responded we \vould do it if requested. Mr. Riegelhaupt stated that is what I am talking about. Mr. Pires stated the Agreement says when required by the District to provide shop drawings except for these services, so it would be on that basis. Mr. Cole stated I have never gone to a prefab plant and checked it. If it was requested, we would da that. Mr. Riegelhaupt stated we are pleased to hear that. The other verbiage didn't indicate you did this, in fact, you specifically got up and indicated that you don't do it when I asked the question. j\fr. Woodward stated I like this language. Do you like this version? Mr. Cole replied it is fine. Mr. Pires stated the last change was made on page 7 where we changed the language as to the use of the Engineers per plans for other projects or additions to the project, or completion of the project by others when the Engineer is not involved, that the Engineer will not have any duty or liability to the District as to ;mch other project, only for the one he is working on and that he has designed it j:Of. If these changes meet with your favor, a motion to approve the revised Agreement is in order. If On MOTION by Mr. Riegelhaupt seconded by Mr. [Woodward with all in favor the Revised Engineering Agreement with Hole, Montes & Associates was ~plOved. Mr. Pires stated I have one other item under Attorney's Report. Just for your information Collier County is under the Voting Rights Act and is subject to the jurisdiction of the federal government because of the current government"s determination in using formula in the Voting Rights Act and of the regulations of cl~rtain minority populations. As a result, they have taken the position the Justice Department has that whenever a Community Development District is established 0]" created, that a submittal has to be made to them for preclearance to make sure that it will have no adverse affect on \vhat they call a minority language group and that submittal was made in the middle of December, the Justice Department has 90 days in which to look at it and determine if they have any difficulty or 1 6 ..·_·..._"_'~"..H·"'_.'·,,, F~::.. \: c. ;~::. ;·i'. ~:\:: ::~ '<::.'; :;' : ,,: . '< " :;/: .;, '. January 8, 1997 16G 1 problem. In Collier County, this was approximately the ninth one that has been submitted and a copy of that submittal is sent to minority representatives also. I p]aced telephone calls to all of them and none has called me back as yet. I will cétll again to find out if they have any questions because I don't like to mail a large package of documents to somebody out of the blue. The Justice Department may give me a call and ask some basic information. They will ask how many people live there. I will say zero, They will say therefore there are no minority language residents who live there; I will say correct. They will come back with a letter that says they have no objection but they reserve the right down the road if they find something radically wrong to comment. That is one of the opportunities that we hé.ve living in Collier County having that particular designation. Mr. Woodward stated you said you sent a copy to certain minority groups. How many minority gTOUpS? Mr. Pires replied three groups, Native American, Hispanic and Negro. I have nothing further to report. B. Engineer Mr. Cole stated I mentioned last month that we were in the process of obtaining preliminary acceptance of subdivision impro....ements in Phase lA and thHt has occurred now as of last month, December. That covers up to just past the guardhouse and currently construction continues in Phase IB. Mr. Minor stated that is the first residential tract. Mr. Cole stated no, it continues a11 the way to the existing road in front of the existing clubhouse it goes up along Woodlakc south and up to Championship Drive which is the existing road. We will not be looking to get preliminary acc~ptance on anything in the near future but it is anticipated that we will be get:ing phased acceptance up to possibly Mulberry Lane and then the future phases wili be thereafter. That is all I have to report. Mr. Woodward stated I live on Marco and I go by Fiddler's Creek quite often and every weekend, there is a group from Port-Au-Prince out here with their signs saying that your work design is going to flood them out. I know some of thœe people but are we certain that we are not going to get into a lawsuit? Do you feel your drainage design is more than adequate? Mr. Cole replied yes. This is an issue that was discussed quite a bit during the early stages of approval with the County and the District. The County and the South Florida Water Management District attended those meetings and were 1 7 ':'. ':'. .:?..~ :~.:/ :~~~:' /:::~:~::' -':':"'..~: ~~:I ~~'~~ ~'..' :.~.:<\::/~ "</;' .'if í,~;:: ~ ~T':~ ~::"'.:~ '?:! :..':\:::<-. . . ,. .'.: ~/ :.: ',< :. '. ,', -. ~, --_._---_.>_.._..."'",.,~.,.. :,';,¡, ~.::~ :!:.~. .':)~~' ..~~:~.'):.~~: /', x- ~{:~~.5:.""~.i:;y.:'>':. ,::~.:\.:~' :'-,':> \,./:<:;~.,::.,.,>..-;~~: : ':":.: '" '..,.' . January 8, 1997 16G 1 supportive of our design and we obviously obtained approvals from Collier County and the South Florida Water Management District. They did not have a problem with anything we had done and despite trying to explain that to the interested parties who had concern about it, they still have their concerns and I would be happy to answer the question in further detail if you would like but that sums up where we are. There is not a problem and the design is sufficient to prevent flooding. Mr. Woodward asked have they ever requested a meeting with you? Mr. Cole replied we have had several meetings with them. Mr. Woodward stated but you are satisfied the drainage is adequate. Mr. Cole replied yes. Mr. Strain stated we have tried to explain things to them and reason with them. All of the agencies have told them they don·t have a problem, it will not be aŒ~cting them in any way, in fact, if anything, some of the agencies went so far as to ¡iay we are benefiting them, C. Manager There not being any, the next item followed. FII"ITI ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr, Ward asked are there any Supervisor's requests? Mr. Riegelhaupt stated this is going to be a gated community, the roads are going to be private? Mr. Ward replied the roads are going to be public but it is a gated community. Let me explain the distinction to you. \"vnen ',\:e issued our series of bonds, in order to qualify those bonds as municipal bonds, essentially meaning that they are free from federal income taxation, we provided certifications to the invl~stors that these facilities are open to the public. It does not preclude you from putting a gate at your community and individuals who want to stop and be stopped and give directions, etc., the guards will do that. They are not able to preclude you, if you walked up to that gate and said I am going into Fiddler's Creek and you can't stop me and I am not going to tell you who I am. the guard has to let you go by, essentially because these facilities are being constructed with public funds. It i:; a gated community with public roads. We can provide some assistance to tho:;e individuals to the extent that they appear at that gate and direct them to the 1 8 .' ...."'... øJ"_:' ...::", '. ~'~ '\'; .: :',.' ~ . (-:,: .~:~..',. ",- .:;/,:~' ":: ,:;, ..~. - : ',"> -::;,: ...:.:..... / . : Jar,uary 8, 1997 1 6G 1 sales model or somebody's house but you cannot preclude them from entering the community. Mr. Woodward stated at a later date when it becomes necessary to resurface the roads, that becomes a County problem. Mr. Ward responded no, they are public in the sense that they can be accessed by the public but they wili remain in the ownership of the District, however, for the overall operation and maintenance. That scenario will change in the event that those bonds are ever paid off. There is some new case law in the last few years that allows Districts and cities and counties to privatize behind gat(~d communities but not to the extent where municipal bonds are related to thone projects. SIXm ORDER OF BUSINESS Approval of Funding Iœquests No.6 and No, 7 Mr. Ward stated I put a requisition list before you. Items 9, 14 and 15 are being deleted by Starr. You will get a copy of Requisition Listing every month and it will be nothing more than a listing of the requisitions that are coming from the bond. proceeds that have already been processed and are being paid. For example 95 L items 1 through 4 have already been paid, they were paid as part of the closing. Items 5 through 17, with the exceptions of 9, 14 and 15 are currently in the process of being paid shortly. Mr. Woodward stated we have numbers 5 and 11, Len Tran, Inc. and on the shed of contract assignments, that doesn't show up. Mr. Ward stated that is Turner Tree Landscaping so items 5 and 11 will be renamed. Mr. Mullins asked are there any questions? If not, we need a motion to approve Funding Requests G and 7 and the Requisition Listing excluding numbers 9, 14: and 15. rr - [On. MOTION by Mr. Woodward seconded by Mr. Riegelhaupt ..lith all in favor Funding Requests No.6 and No. 7 a nd the Requistion Listing excluding Numbers 9, 14 and 15 were a roved. There being no further business to be conducted, 1 9 't- .., , 1/ 1".." I .- r~'·¡~~)~-~·-~/·~ 'j::' ~ .. ':~ t t:' :;: -:..~. ~"...f.r~· .~.' 'I."'" d:' ~.. ~ .,,", '."·'....!I t ./. -- ).~ .1 \....~.'/4'~.I'. '/',/:.. I. ./ , . . . . \ - ¡ . ,\ ,~ January 8, 1997 16G 1 On MOTION by Mr. Minor seconded by Mr. Woodward with all in favor the meeting was adjourned at 11: 15 A.M. o j LaITY MuIr Cha.irman r ¡J/JU~ Pr/-i,/7c( ~es Ward cretary 20 <------,..;--~,~,_.,--~...,---..,<- .. ., ~,' " .... .. . '; \ \ þ .: '{r ......~ " .. ....... .11( l ';'......../~~~. , . .>..".'t ~ . ... ~ . \ ~ ... - ..... ...., .. > ~. . I.¡ . ....... .... ," .,' I .~\>. ~ ,,'!. ". 11, .... ",' ~ .._, ~. _ . ""t·. ,. ....'j.... ~ ~...,,:: "',.._! : :¡j,~ f;: ,:_;.~:-:,; ,~,,\,;:\~!:;s:::~;: ;¡~:~;;. ;~.} i-X: , ',:, ':. ' " , , ' , 16G 1 AGENDA FIDDLER'S CREEK COMJv.IDNITY DEVELOPMENT DISTRICT Wndnesday January 8, 1997 10::00 A.M. Northern Trust Bank Building 4001 Tamiami Trail North 4th Floor - Larson Room Naples, Florida 33940 1. Roll Call 2. Approval of the Minutes ofthe November 27,1996 Meeting 3. Consideration of Agreements A. Agreement with the Collier County Property Appraiser and Tax Collector for Collection of the Non Ad Valorem Special Assessments B. Assignment of Construction Contracts for Balance of Phase 1 of the Project C. Construction Management and Funding Agreement Between the District and 951 Land Holdings Joint Venture 4. S WI Reports A. Attorney B. Engineer C. Manager 5. Supervisor's Requests and Audience Comments 6. 7. Approval of Fun cling Request.c; No.6 and No.7 Adjournment ':v.:~\.I '~.. .:"1_ If:.,..,: ~ '"':.. '.' ...~. '. :> 10. ~. I..., .' , ..------ , . ~ j.~" 'f' ..... ,-, .. ';; ....~~.. ~r /;',\: ...... ..:.,.~ ... ~.-'.:' I '. .: \ .. f: :'." :.: ~'.' ~ ;:-'~~; :'-~.~;\y'\': 'L~.: -'. ':"\" <. :::.:< ",;:}. :~,:' ~<<. ,.;, ': . ~',;,~' ',' , ,,:, i , ".. . '... Naples Daily H~s Naples, FL 33940 16G 1 Affidavit of P~bllcation __________________h_______________________________+___________________________ FIDDLER'S CREEK COMMUNITY DEY. DISTRICT - GARY MOYER 10300 N~ 11TH MANOR CORAL SPRINGS FL 33071 Nonce Of N'.ettlnQ F~'s Creek Communily lmørove~nt Dls1rld TIlt reoular meetlnQ ot IIIe i!oa:l 0/ ~. vi!«s 0( !he FldO!er's Creek CommunIty Devet.:.øment Dlsirkt Is ~ to bÞ. held wzCneSday, JonutIr.t " 1991 at 10:00 A.M. In the Nor1hefn Trust 8oI1k BulldlnQ, .001 Tomioml Trail Na:1hr. ~ F1cxJr. TIlt La;.on Room, Napln, FIOnOCl. The meellnQ Is ~n to the public CI1d will :>e conducted In occex-donce wi1!I !he Pl'ovlslons 01 FI« Ida Law lor Community Develeø~nt Districts. A coøV ot !he agenda rex- this meetlnQ may be obtaIned trom G<rv L. Mover 10300 N. W. 11 Monot, Co-al SQrlI1QS, Florida h)71. There may be occasions when one ex- more Supervisors will pa1k:1pate by tele- phone, At the above Ioc.ation there wlA be present 0 ~er teleøhone so that anv In· terested person con ot1end !he me(!ltnQ at the above location and be tully Inrex-med 01 the dlscussioO$ taking place ellher In per· son or bv telephor.e communication. AnV person rewirlnQ special occam- rnoda!io<1s at thIs meetlrl\ because of a dls· ability ex- physkol Imporn-rent should con-' tocl the Dlstrlcl Om,e at r9S~) 753-4310 at leosl fJve calendar days prlex- to the meeltnQ. Eod1 person who deddn to appeal anv decision mode by !he Bead willi re- spect to any matter considered at !he meeHnQ Is odvtsed that person will need o record 0/1IIe procffilll1QS and that oc· cordinQ1v, !he person may need to en- sure that 0 verbottm record o/the pro- ceedlßÇ'S Is mode, IndudtnQ tile tesl1mo- nv and evidence upon whkh ,uch ap- peal is to be based. G<rv L. Mover Mo~ Jonuay 1 No. 97Oa~1 REFERENCE: O~2301 5ï414537 Notice Of MeetingFid State of Florida County at Collier Before the undersigned authority, personally appeared HiM Iversor., Iiho on oath says that she serves a~ the A~sist.nt Secretary of the Naples Daily N~s, a daily n~spaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in .aid n~spaper on dates listed, Affiant further says that the said Naples Daily N~s is a n~spaper published at Naples, in said Cotlier County, Florida, and that the said newspa~r has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class ..il aatter at the post office in Naples, in said Cotlier County, Florida; for a period of 1 year next preceding the first publication of the attached copy of advertiseaent; and affiant further says that he has neither paid ncr propi,ed any person, fir. or coporation any discount, rdbate, co.ciss;on or refund for the plrpose of securing this advertise.ent for publication in the said n.'''paper. PUBLISHED ON: 01/01 AD SPACE: 4.750 INCH FILED ON: 01/01/97 -----------------------------.------------.---------+-------------------------- 7) , // Signature of Affiant --ZL./'·v /t. J " -.1' ll..t>' J, /J/"?J Sworn to and Subscribed before lie this L day of .;'.,?,,- 1921 Personally known by .e ':'1""//;"'( /ì. '·J:(t/{..:,-¡ ~,'" I (i~~f) Judith A. Flani¡¡an lAY '(',M""$S/ON , N'._ '-'U0787 EXPI;¡E' úCI<C(O ¡ Ft:hn,Jry ,~, 2000 . ~ TltQ'f' "tIt( "'Sl'tI"~I, ',r, _·_·.....~·...t -- .._------....._~._-.._._----~._------.-..--- ---...---- 1 6G 1 ASSIGNMENT OF CONTRACTS For va lue received, and pursuant to that certain proj ect Improvement Acquisition Agreement executed as of the 4th day of December, 1996, GB 100, LTD., a Florida Limited Partnership, and PARCEL Z, INC., a Florida corporation, d/b/a 951 LAND HOLDINGS JOINT VENTURE, its successors and assigns, assigns to FIDDLER'S CREEK CO!~ITY DEVELOPMENT DISTRICT, all of its right, title and interest in and to those certain contracts made and entered into by 951 LAND HOLDINGS JOINT VENTURE with the parties listed on the attached Exhibit A, a copy of said contracts being attached hereto and a part hereof as Composite Exhibit B. Provided, however: 1) No assignment shall be effective nor shall any contract be considered fully assigned to Assignee until and unless the other parties to each contract have executed amendments to their respective contracts containing the provisions outlined within this Agreement, Schedule 1 attached hereto and made a part hereof, as well as other provisions deemed by counsel for the District to be required by Florida law or by any other agreement to which the District is a party. 2) The undersigned Assignor, does hereby indemnify and hold Assignee harmless from and against any and all claims, actions, defenses, causes of action, loss, cost, expense charge or fee arising from o~ could arise by virtue of any act taken or not taken by Assignor or any activity or occurrence of Assignor or its agents prior to the date of FiJJIc",^¡ rmnLl,^ .¡nCOQ.JQJ ;;Xl ::'C ::::-:?? /; ~ ~:~:~~~:,.":'; /:.>:/ ~.~~ ';. ·:r·'';)~::·.· ~ ......... ---.... :~;'.~" ~,:~': '~:;) 1 ::>./O/.:..~~¡ " ~::' ::.,"., ..~-, .: 1~<.>~,.~:..;: ....;' ',' ;': ",~ ~ : :--. :; ~~. .' .., '.' . . 16G 1 this assignment and acceptance of each contract by the Assignee. J) The assignment of any contract. listed on the attached Exhibit "A" shall only assign the scope of work under each said contract that is within the scope of the Project as described in the Engineer's Report dated July, 1996, prepared by Hole, Montes & Associates as Engineer for Assignee and as described in that certain Limited Offering Memorandum dated as of November07? , 1996. 4) Assignor shall take all steps necessary at the request of Assignee, to contact all parties to each of said contracts to obtain their execution of any amendments or addenda to said contracts. 5) Assignor warrants further that: A. it is not in default under any of said contracts. B. each of said contracts is fully assignable by Assignor. IN WITNESS WHEREOF I the part ies hereto Iþ/h -It: / / / have executed this Agreement this f/ .;µ date of , 1997. fiJJlcn\A¡,: nllJ1U'.A 'cnC';)'I.J03 --- ;,) ""~' ::;. ~ ':',; :,:,,' ~:;'i:: ~ .. : " ';, ....... ':'. . . . !. ; .. ' .':1,\ t . "':'i~',~':".i(::, , :.,~> ~ ~ ,~.¡ /,' ,: . .:" '..:,,." ~_; I. 'I ~:<ì,... -~' .oJ·#~ t.:- f"v '\.....,.. 1.. -. ; ~;-~" .. ~~. .....~ \.""" ~'} .~ r,." .~ . ~: : ",' Signed, sealed and delivered in our presence: 16G 1 951 LAND HOLDINGS JOINT VENTuRE, a Florida General partnership i;Vl Jt Witn ss (~dì rf'WJJ By: GB 100, LTD., a F10ridQ Limited Partnership By: By: ~:~):""":".:fl: '~¡~1:'"' ~;?~ ~ .....~ i:~~l\::~:'¡- ¡.t,,~,' '.","" . .,_,' .. . ~ -:..~~.:..~.~,.: i~..,~ .,/~~..I::~' ::, '~-"''''''--'''' ~~:~. ,.':r<)~~:~i'-:~··:;·;r ,: '~;~" . >':,:\~ .~,:-.:,< "{"-",:: ;~. ::~~'. :':. : ". '" '.' ': . . 16G , ~ ATTEST: FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT k7£/dP/:, .!c2r1r/ _~ ' Secretary f1'\ r /) ('; .) ~\(^''- , Chairman By: Larry Mull FiJJ!cn '.A C rnVlu\A JC nC.,., .J0) .......,. ...---"""".-".. ._----..-_..~"'_._-..._~ · . , . ~, , - '" . " ~:J,,,~.~''':A\ :Þ~..-:~~¡;', :v ,.~:,<>"" \";": t...,~< '-".".' < ::;, ::':,:, :~::'L:::~" ('",,:: : 0,,[ ,','..',' . ' 16G 1 SCHEDULE 1 1. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 2. Bills for any travel expenses must be submitted in accordance with the provisions of Section 112.061, F.S. J. The Fiddler's Creek Community Development District shall have the right to unilaterally cancel the contract for refusal by the contractor to allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, F.S. and made or received by the contractor in conjunction with the contract. 4. The Fiddler's Creek Community Development District performance and obligation to pay under this contract is contingent upon an annual appropriation by the Fiddler's Creek Community Development District. 5. Unless a contract between the contractor and any subcontractor provides otherwise, the provisions of Section 287.0585, F.S. shall apply as to late payments by contractors to subcontractors. 6. The contractor shall deliver to the Fiddler's Creek Development District a payment and performance required and as provided for in Section 255.05, appropriate]. Community bond as F.S. (as 7. The contractor shall pay all subcontractors, sub- subcontractors, materialmen and suppliers in accordance with the provisions of Section 255.001, F.S. 8. The District shall be named as an additional insured on all insurance policies required under said contracts to be in favor of the Assignor. 9. Prohibition agai:1st contingency fees and certification thereof as required by Chapter 287, F.S. :<l:':·Ù.L{~':,~; ~,;~~\! );~~\,.;·~i:, ~.,?~i",~~,~~'·{<:~f>;f~~;;'.'·~!'f;~~:'.t:>~~;';·?; :.~;;/.:U~:·~:·;·,:'~_· .;'~:":; ~ ::/.":. ,~,(. :,:: \::' "':,< ,., M.____.....I"""'I. ""'.....oWI..III I>.....""""'.""""...,__.."'~..__ --_.- .'.! ~ 'Of'" 0 : . _ .. ....:..", 0 . . . I ", # .' . . ~ ~'. . ..... . .: ~ " , . ", ~. '. .. EXHIBIT "A" TO ASSIG~~ENT O~ CONT?ACTS 16G 1 1. Accent Gal!:. dated October 1996 (Timber bulkhead wall at ent ranee) . 2. Baran Craig Barber Engel Construction, Inc., dated August 1996 (Main Entrance Gatehouse) . 3. George Botner, AS LA, dated August 1996. 4. Certified Pool Mechanics, Inc., dated December 1996. 5. Certified Pool Mechanics, Inc., dated Nove~ber 1996. 6. Coastal Concrete Products, Inc., dated December 1996. 7. Coloret Electric, Inc., dated December 1996 (landscape lighting) . 8. Doria's Landscaping, dated 12/5/96. 9. Guymann Construction of Florida, I::c. (P~ase 18) ,dated August 1996. 1Q. Guymann Construction of Florida. I::c. (Phase lA), dated March 1996. ::.. 1. Pompano Pavers. I:1c., dated Decembe::- 1996. 12. Quality Graphics. dated December 19?6 (Fiddle::-'s Creek m::m:..:ment wall sign). l3. Team Plan, r:'.e. (Phase 13). èated Cece:nbe::- 1996. 14.) Team Plan, Ine. (Errtry Featu::-e a::d ?hase 1;"), dated November 1995. IS.) Turner Tree and Landscape, dated October 1936. 16.1 J. Roland ~ieber, P.A., Landscape A::-chite~:s, dated May l3,1995. ".:.. 7. ) ~.. C ~:nc~e~ cncrete, dated Nove::,':'er 23, 1995 coneern:"ng co~c=e:e cu~bi~g for pa~;ers" EXHIBIT "An TO ASS IGNj'!ENT OF CONTMCTS 16G I CONSTRUCTION AND FUNDING AGREEMENT This Construction and Funding Agreement (the "Agreement") is entered into this ¿?;h- day of January, 1997 by and between: FIDDLER'S CREEK CO~~UNITY DEVELOPMENT DISTRICT, a body politic organized under Chapter 190 of the laws of the State of Florida, whose address is c/o Anthony P. Pires, Jr., Esq., Woodward, pires & Lombardo, P.A., 801 Laurel Oak Drive, Suite 640, Naples, Florida 34108 (hereinafter "District") and GB 100, LTD., a Florida Limited Partnership (by its General Partner GB 100, INC., a Florida corporation) and PARCEL Z, INC., jointly d/b/a 951 LAND HOLDINGS JOINT VENTURE, a Florida general partnership whose address is 4001 Tamiami Trail North, Naples, Florida 34103 (hereinafter "951") WIT N E SSE T H: WHEREAS, under the authority of Chapter 190, Florida Statutes, t~at certain Master Trust Indenture executed by and between District and SunTrus~ Bank, Central Florida, National Association on Dece!:1ber 1, 1996 (referenced in attached Exhibit A) and that certain Project Improvement Acquisition Agreement between District and 951 dated as of Nove:r.ber 25, 1996 (the "Project Agreement"). District plans to either acquire from 951 or fund and construct. or complete the construction of certain improvements (the "Improvements") described in said Project Agreement (construction FicJJicrsV. ::1l\U1l.~'Co"J..: run .J{q -<¡>-',_... l' _... ""<+.."-"""""-_.~--,---;---" ...J. .' ."" . ,,'..,; :,(.,' ~ ,'." '.' ':,' , " '\ ,. '\ ':.: - . .:~) '\' ': : .' , ;' ~ :,> ~~ :. .<., ,... >,,' ',:" ,:" .':'.' , ,..',. :'.' I, . ,:.' " ' , .., ,~ " '~,J' ..', _ '., I .'. I , ", ,'" '. . I ' ..' '1'1 ." . . .". I.. . . .. L '. ..:, ; . . ''".. '..' 16G 1 of the Improvements pursuant to the Project Agreement hereinafter referred to as the "Project") ¡and because of the familiarity of 951 with the scope of work of the WHEREAS, District and 951 each recognize and acknowledge that., ,?roject, it will be more efficient and cost effective if 951 administers the Project on behalf of District; and and approval of District) 951 supervise and manage the Project. WHEREAS, District and 951 desire that (subject to oversight NOW, THEREFORE, in consideration of the foregoing and of the mutual promIses and covenants contained herein, the parties do tereby agree as follows: 1. 951's Services. a. 951 shall (subject to oversight and approval of District) supervise and manage all aspects of the Project. 951's responsibilities shall include, but are not limited to, the following: designing or causing to be designed the Improvements, publicly bidding any contract work, hiring or causing to be hired individuals or entities to construct the Improvement, obtaining or causing to be obtained any and all necessa;:-y permits or 1 icenses, supervising construction of the Improvements or, in the alternative, hiring a program manager to 1T.anage the design, engineering and construction of the Improvements, prepar iog statements and certif icates requesting payments for the construction of the Improve~ents, and initiating or defending any and all actions or proceedings necessary, convenient or related to the Improvements or the F;JJJ< rslAtnllnuICon.\ Fun.JOJ 2 .~... '~;...~.-~ .~ :Æ ( ¡;. ~;'.: '::. '.; ¡~.'( ;.-..:.... : < .~~:.. ~~;:\'~'". ~"". t" . .:: ,,:>.J. 'f: ','. ,/:,'. "':-:-, :\', ',>~'-, ", ':: ,~~.'.' " :. >; ..:-~.'.. ,:: ~' ~. ',' r., T,...-",_ '."O~'·"~" ._"''''",'' ., ..".......---,---.. , ~.....4....;___ ~----- ""'<I -- - ---- - ---- -~ 16G 1 Project (951'5 responsibilities shall be referred to as the "Services"). 951 shall do all things customarily performed by a land owner in such instances, and shall do and perform any and all things necessary and reasonable for the best interest of the Project and the District. b. During the term of this Agreement, 951 shall (subject to oversight and approval of District) undertake such actions as are necessary or desirable to co~ply (and cause other to comply) with all laws, ordinances, orders, rules, regulations and requirements of all governmental authorities having jurisdiction, which may be applicable to the Project, Improvements or Services including, without limitation, any and all public bidding and minority business requi~ements. c. To the extent and if required, in order to protect against the possibility of mechanic's or construction liens, 951 will obtain, the release or partial release of any and all construction liens on the Improve~ents, the Project or any property involved in the Project. d. 951 shall cause to be transferred to District any and all payment and performance bonds, maintenance bonds, warranties and guaranties relating to the portion of the Project and Improvements owned or to be owned by District. e. 951 shall be held to a duty of reasonable business judgment customary in the supervision, management and operation of like projects in the su:-rounding area with respect to the exercise of its duties herein described. Fiddle" \A C nnn"ICoo.l Fuo JOJ 3 · ,~,,: :~.:.::l·:.~' \ '" . , .-/ · .. ¡ , '.' -:. · . ~ ,~ .. . ... -.. . ...,..... ,. '.'. ; '~< -:'~;" /'"'\. .'-, .-':: .<-.> , '. < .'! I .. , .. :'? ~.~. :': '; ,',::' I,;:~,~'.' ' .:' ;:.::/: :.: ....... ,_"'...J-....'_.",'~"',..., h,:::\;:/«:, ~:',<,;:' ':.' ' " " ,', ". ' .' :\:: ;': '.. ~(":,' :.::. i{, " ,.', 1 6G 1 2. Compensation: 951, as compensation for the Services, shall receive a management fee not to exceed $453,000.00, as to those remaining contracts being actually administered or managed by 951 for the District, as certified by the District's Engineer. 3. Responsibilities of District: a. District shall pay for the cost of the Project. b. 951 shall submit to District, on a monthly basis on the first business day of each month, a sworn statement showing in detail all monies attributable or allocated to the Project and Improvements, costs accumulated or costs incurred on account of the Project during the previous month. Payment by District of the statement amount shall be made within ten (10) days after a) the statement is submitted to Dist.rict and b) the Engineer's Certificate required by the Project Agreement is provided to the District. If required by law, ten percent (10%) retainage shall be held on all payments until the Project is fifty percent (50\) complete, and after fifty percent (50%) completion, said retainage may be reduced 1n the sole discretion of the District unless a greater retainage is required by a contract. Final payment constituting the unpaid balance of the Project shall be due and payable within forty-five (45) days after the Project has been certified by the Project engineer (approved by District) and the Distr ict' s Eng ineer pursuant to the Project Agreement. If there should remain work to be completed, the engineer shall list those items prior to final FiJJJcn\As: nunu'.Con.l. run.J UJ . .. -..:~" .:':": ~ :. :,~~:..: ~<. ~....". :'.\ ,>:. ..: -:,",:'.:', .<"i' .,~:I::'··' '., "::':..~" -,::.' ,,':',",' > '.. .' . , ' ".", "<I']I1"___",_~__"."_,,,,,, ,····........,··,·..".""-..""...'u·,o..·'''.. . I' , . .. ~ . . .'. _ ;':: ~><'<; ~:'<..':.. ~':.,......:~ ~>'.'... ': :< I:.. '.. . ..' , . <.. ..... ~::~~:......>...;. ~;';>:. 1 6G 1 payment and District shall retain a sum for completing any unfinished work, provided that said unfinished items are listed separately and the estimated cost of completing any unfinished items are likewise listed separat.ely. Thereafter, District shall pay monthly to 951, the amount retained for each incomplete item after each of said items is completed, subject to all other provisions of this Agree¡:¡ent and the Project Agreement. c. District grants 951 (subject to oversight and approval of District), and subject to any public bidding requirements and applicable law governing construction of public facilities, authority to select and contract, as agent of District, with contractors, suppliers or individuals who will, in 951's best business judg¡:¡ent, provide necessary goods and services to properly complete the Project at the lowest cost. Contracts shall be subject to the review and approval of District. This authority shall expire upon the expiration of this Agreement. 4. License. Dis1:rict hereby grants to 951 a license to enter the Property involved in the Project to perform the requirements of this Agreement. This License shall terminate upon the expiration of this Agreement. 5. Insurance. 951 shall timely procure and maintain and comply with policies of insurance, insuring against negligent acts, for public liability, property damage, casualty and business interruption with limits of not less than One Million Dollars Fi..JJ¡cn \AI n1\tlu\Con..t FW\ .10-' 5 '..:..~{:.:<::> :...~:::.~j;:;;~: ;!....; ;.~: ·;.:..·.::.:~<I.·~:-.·...·~<·,~··~..\·, "',.';' .~: ;....,:, ..:.., . . '.' ....: . ..,..' . : . '>.:,:..<',;\>.: . . -.'...-..-.-- ,:,~/:..':.:/.;.:'..,~:::.',..:,.-:~..:.,1,,¡,:-:: .':~ ...... L, :!:', ..... :.~ . . ....', .,: ~;_" "',:"/... \:,t . . . . " ." {"'. ,. . ::..... ,\ . ~: ) :. ~ '}....'. '0 ...~.- 16G 1 ($1,000,000.00). Such policies shall designate District as a party insured together with 951. 951 shall furnish District with duly executed certificates evidencing that all such insurance is in full force and effect and providing for thirty (30) days notice to District prior to cancellation or termination of any policy. District and 951 each agree that insurance carried by each against public liability, loss or damage by fire or other casualty shall contain a clause whereby the insurer waives it right to subrogation against District a~d 951 respectively. 6. Indemnification. 951 hereby agrees to defend, indemnify and hold District harmless for any demands, claims, costs or expenses (including attorneys fees) incurred by District as a result of 951's knowing, willful, or grossly negligent misconduct under this Agreement. 7. Force Ma;eure. It is specifically acknowledged and agreed by 951 that it shall immediately notify the District if 951 is unable to fulfill any of its obligations under this Agreement as a result of a cause(s) or condition(s) beyond its reasonable control, and which could not be prevented by the exercise of reasonable diligence and judgment. Upon the giving of such notice, 951'5 obligations shall be suspended during the continuance of such cause(s) or condition(s), provided 951 e::öploys all reasonable efforts to remove or avoid the cause or condition of such delay (without cost to District) and resumes performances of its obligations hereunder with the utmost dispatch. Such causes may include, but are not limited to fires, strikes, embargoes, acts of F;JJlc:u\Ae: nt\lH.s\Cou,j; run ,HI~ 6 \/~.,~~ ~~.:~.).::~".~ ~~ '~>" ·:.~,-c > <:~. ..~ _._---., ...,..-... ,-- .- ~-MIL--'. -- ....-..--. - '1 16G 1 God, inabi Ii ty to secure transporta tion or COr.1:nun ications services, or other causes beyond 951's control. a. Additional Improvements. From time time, to additional services and improvements may be added and made subject to the terms and conditions of th is Agreement by the execution by the parties hereto of "Supplement to a Fund Agreement" (the "Supplement ") in form and substances substantia lly sirni lar to the Supplement attached hereto as Exhibit "-B-". 9 . Term. This Agreement shall become effective as of the ~/~ day of January, 1997 and shall continue until t.he Project is complete unless sooner terminated pursuant to the terms. hereof. 10. Default. If either party shall default in the performance of any of its obligations hereunder and such default shall continue for thirty (30) days without cure after written notice from one part to the defaulting party designating such default, the party not in default may thereafter terminate this Agreement upon ten (10) days written notice to the defaulting party and shall thereafter have such additional remedies as are allowed by law or equity. 11. Intent. It is the intent of this parties hereto that, except as provided herein, in absence of this Agreement the parties hereto would construct the Improvements and Project separately and this Agreement serves to create a convenient and cost efficient way of constructing the Improvements and Project. The parties intend that neither 951 Oist:rict nor shall incur any responsibility, obligation, cost, or liability that it would not have incurred but for this Agreement except as provided herein. Further, the parties FiJJkrs'...I\J: nnI"IU\C""..\ Fun .JO~ 7 ;: .:i,:)..·' ;~.'~:;'\,=.':~.;/ ~.:¡/::\:.' ~_'_i'" :. ':., :,' '.... ' '. ,~n~.",.~ .,~~:".'~:~ ", ,:,::< ,: ," '. >,";, <:~,,'::' .' <. .. " ~ ;' ,;?) ~:. <; ":.) ,¡~:. ~:,~/ :"'~, ,:~ - ,.(.,)"\,,,/ ,::.··~¡t· ;~.. '.0- . -~.. ¥~/....~ _ .... 1. ~... . -... ~ y ~ ," >"., ~..... ... . ..:: \: . ~ ~... ~ . ..... .::J:: ,"-- ";-:,:'~,,;..::: ." - ;,~-·}'>,:d:~·;:' <'< ......, . 16G 1 intend that, except as p~ovided herein, both 951 and District shall retain all rights and interest that they would have if this Agreement was never entered. 12. Notices. For the purpose of this Agreement, notice shall be deemed given upon hand delivery (which shall include delivery by overnight courier service such as Federal Express) to the party to whom the notice is addressed, or three days after the date of mailing of the notice by certified mail, return receipt requires. All notices ,required or given hereunder shall be addressed to the parties at their respective address as set forth herein or as may be subsequently changed with proper notif ication to the other party. 13 . Severability. If any provision this of Agreement or application to any party or circu~stances shall be determined by any court of competent jurisdiction to be invalid and unenforceable to any extent, the remainder of this Agreement or the application of such provision to such person or circumstance, other than those as to ;·;hich it is so determined invalid or unenforceable, shall not be affected thereby and each provision hereof shall be va lid and shall be enforceable to the fullest extent permitted by law. 14. Entire Aqreement. This Agreement is the entire Agreement between the parties with respect to the subject matter hereof and no alteration, modification or interpretation hereof shall be binding unless in writing and signed by both parties. 15. ~aw: Atto~ney's Fees. This Agreement shall be construed in accordance with the laws of the State of Florida. In the event any FiJJlc.rs\A1n1 VlIJ\Con.\: F l:.U ,)():) 8 .·~~~~t:.-: ?:L·;·:~.:k"~:':~;· /1 ~:? ~\.~~3;:, ::~.:" : ~~;. :>.:t··~:::<:::.":'.·;, ,', (:...... ~: ':. ::.".: '.' _. ~.._ ~'.( .~ .~.;.;:' .. F~ ~.~: ~~~. 0ì ,~\~..~ ~ ~i ;~;-:~~-? ~: ..' ........... ..~"..~ "", . ,0,/ .......... ," 0,.. ...... . . ~ .... .. :. . . ...... . ~ '. ,'" " ' f . . ,', . . t , " 16G 1 party hereto institutes any litigation against the other with respect to this Ag~eement, the prevailing party in such litigation shall be entitled to recover, in addition to costs of the suit, a reasonable sum as attorney's fees. 16. SUccessors. This Agreement shall be binding on the successors I assigns, heirs and persona 1 representatives of the parties hereto. 17. Additional Documents. The parties hereto agree to execute any and all additional documents and/or instructions necessary to carry out the terms or intent of this Agreement. All documents to be prepared to carry out the terms or intent of this Agreement, other than those documents specifically to be provided by any particular party, shall be prepared by such persons mutually acceptable to all parties, and the costs incurred in preparation of any such documents shall be borne by the party on whose behalf the documents are prepared. 18. Ownership of Documents. Notwithstanding any other provisions to the contrary, all documents, plans and specifications concerning the Improvements and Project shall be and remain in the ownership of District. FiÚ<Jlcrs'-^r n1\t\u\Coo.k run .W) 9 f~~;i}.o:'. :;l~.~:~:¡~~):\~~K~o':; :~o >~'3.~ :Y'~o~ ;;'\:j.J,::;»t~: y;{ ~,;;t ....: ~> '\;; - ~.',.: > , .: . ~ '-'. .' : .:~ ,.\.:::: .':;" ,;',; ~"'" ...:~~' , ; . ¡o \ - :... " -, t r.,....·....t ~I..:;~ .;.:.' ..~.:..;'::._¡.~:::.~~ ~';í~ii?\~~Y''''~ ". i'.::...·. _¡ ........""t...~~":":.. I...,....:.~·,."~·,···~·.r~.·:'.~ ·1"..: .:": ' ·<..,\..........\·...,'q.\...:.....:-I~~i·('··~.:#'-"'··~I'·' ~'Io,,";-_.II..:.r..":............f..i,. '.,: .':, "';'" .. ~J........ /d '''..' ,.... 'f' ....~ " ~. I'· I . ...,1,....'I.·...t. . . "... ......~ \'-.....,"~. ·1-:··~...~;~·:...../{. ..,,:....¡·~'·:I.··· .:/",:" :.., :,,:I,;~i" 't\~'; I :,L.: ',.' J' " :.,'..~:'::·.~~:r ~:' :: ..~..~::._<:~:(>:..: ....: _;':';:;'(}:~)~".\:.3:' í¡ ~ ;:, '. r;'~; :', < '. ,.': ':,' 16G 1 Signed, sealed and delivered in our presence: 951 LAND HOLDINGS JOINT VENTURE, a Florida General partnership By: GB 1~O, LTD., a Florid~ Limited Partnership By: Wlt ess (~,4! l'f,~ vii tness By: ,._'"'_____"""."""..._...__,_,__..~,~,....~,._"__..,.._,,_"_..,__'<_H.'"~'~."'_~, ,~:",'~ ·::·.~·Y·,.~: ,:~!.~;:~ ;;~: ~:"'~ ,'. ').. ,:~,;.::; ~~.~~, ,:-J)( .:~':"~~~: ,~.': :<..>. ". ~'~i' < ,,< :~. .... -:' ,.,.. . ~': . " "·...·1.-.... .\"~"'" ...... ".~~.'tI"'··· t.,.....~.. t\ t t ·,1";-' ~.~ ~ ...',,'" -11'1 .. I..~ J..::"~J,··')"t' ''''-,.,. ".#-, ~."'..,,.( . i'" ~t '" .~ . ," . . I ~ '¡"'T ~ _'" "''''"" ........" '.~' ..1..,.... _.' '" .~.. \ . . '~'' ~ .... ..1 '. . '... ~..... 'to:. .~, ,," ot.'"1" ...ì~.. ~ (-to {'''' ':. .:t:./ , '.. \"'''''''."1' f'Ã~1~.'" ,. " '''t~'.· \..c..,,'_ '¡,J,J.~. I,......~. ~ )....., .:'~ .' ,. 4': .. ". . ~~; .... ~::,.;"':.!'..~, ....."(~./,...'...,'/":..,.... ~."'..r"-¡·;:r·~·''':.~ ::. 'r':¡,,~'" ""'.f.~I:..¡.;.. }';'-':'.'- .. ...;.. t ' '.', ,'. ~..' . ," I" ............ ~..If,.·.\ \1' "''"''. . '.t'~.. .I\.~ ..."." it'" . ··,..·~'t"\ .__. t. '<oiò..' ì~ "!. ..... I. ...... I' " ...~.. "....~.:~)~~{...:~~~,..J../ t....~..::::~~:_).,;.~ .:: ,...:-:rl .:"'~~';'.~¡~~',{:\ .'\~~~~~-~:;;~"] ~."" ~.:,).. ;1\:: "':-:;"<-i ":;: "'~~ )¡' ,"~.. ., ,,>~.' .: . ," 16G 1 ATTEST: FIDDLER'S CREEK CO!1MUNITY DEVELOPMENT DISTRICT _ , ') '--" /~ /J1 ul /7 r .Jt/'/1~ . I ecretary ~~~'- By: Larr I Its Chairman Fid, JcrslAf mlllUIConJ¡ FUI\ .JOJ 11 ""'~,"""""""""",~,~!Q.....~..",.~~","".---~~_"'--.,,,,~~.- ,...- _._J - ------- 1 6G 1 EXHIBIT ".A" That certain Master Trust Indenture executed by and between the Fiddler's Creek Community Development District and SunTrust Bank, Central Florida, National Association, dated as of December 1, 1996; and First Supplemental Indenture dated as of December 1, 1996. . . ...... . ~.: '." 11.1, . =.. '.,;' . .~ ...... : ~... - ""'. ':., .' . . ., ". .. ~ ...--.""....---:...---....-....... ~ 16G 1 EXHIBIT "B" FORM OF SUPPLEMENT TO FUND AGREEMENT This Supplement to Fund Agreement entered into this ____ day of 19 by and between: FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, a body politic organized under Chapter 190 of the laws of the State of Florida, whose address is c/o Anthony P. Pires, Jr., Esq., Woodward, Pires & Lombardo, P.A., 801 Laurel O~k D~ive, Suite 640, Naples, Florida 34108 (hereinafter "District") and GB lOa, LTD., a Florida Limited Partnership (by its General Partner GB 100, INC., a Florida corporation) and P&qCEL Z, INC., jointly d/b/a 951 LAND HOLDINGS JOINT VENTURE, a Florida general partnership whose address is 4001 Tarniami Trail North, Naples, Florida 34103 (hereinafter "951") WIT N E SSE T H WHEREAS, the District and 951 are the parties to that certain Construction and Funding Agreement entered into on the 8th day of January, 1997 (hereinafter referred to as "Fund Agreement"); and, WHEREAS, said Fund Agreement outlined therein a certain scope of services and improvements that were agreed upon by the parties re:lative to the Project as defined and described in the Fund Agreement; and EXHIBIT "B" ..:. . . .. ~ ' .. . . . ~~\ ..~,,, .~,.l . ~ . '" ~ .." .'" . ~ ,- ",' w 1 6G l' WHEREAS, the parties recognized that additional services and inprovements may, fro~ time to time, be added to and made part of t~e Fund Agreement; and WHEREAS, the parties hereto have agreed to add the services and/or improvements described belo\.{ herein and to make them subject to the ten:1S and conditions of the Fund Agreement. NOW, THEREFORE, WITNESSETH that for and in consideration of the premises of the receipt of the sum of $10.00, and other good and valuable consideration, receipt of which is acknowledged by the parties, the parties hereto agree as follows: 1. The scope of services of 951 under the Fund.Agreement shall be modified to include the following: 2. As a result of the revised scope of services of 951, 951's compensation for said additional services shall be as follows: 3. The responsibilities of District as to the revised scope of services is as follows: EXHIBIT "B" :>i:J:~~:::'::¡\:: ~ y~. .-:.,' i~'r: ';,' ...... ',' 'j ,.., .' ',' '.. , 16G 1 4. This Supplement is effective as of :.9 5. Other terms and conditions: 6. In all other respects, all other terms and conditions ot the Fund Agreement not modified or amended hereby shall remain in full force and effect as if repeated verbati~ herein. Signed, sealed and delivered i:1 our presence: 951 LAND HOLDINGS JOINT VENTURE, a Florida General partnership By: GB 100, LTD., a Florida Limited Partnership W:~tness By: GB 100, INC., a Florida corporation Witness By: Aubrey J. Ferrao, President PARCEL Z, INC. Witness By: T. Sano, President Ylitness EXHIBIT JIB" .._....,.___....._.B. 'qv ~~;:'~'~'.; :'~~',~; ...;.:~..~~:'~';>'<: >~'~'-~;~-~<:':',~::;:<~::':..'..;"'" ~ "'" ' 16G 1 ATTEST: FIDDLER'S CREEK COMMUNITY DEVELOPHENT DISTRICT By: Secretary , Its Chairman EXHIBIT "B" , ¡ ..... ~'!""" I .. J. .. . ~ ~ 1 '.,( .. . \.. .,t , .. ',l . :"',. ... ,".'.~ i~ ~ '.. ~4l r't'~"J .~> "Î"~"f'(" " ".... .. ~ ,'. "'.' , .:~:~:~:;...~l,j1~:i.:~i~~ '·~'L1:~n {~{~t.\~.~::.~~:~~~}·~-:~..;;;tÚ:~·:~.:.'~~~,::~~;\~:¡/:t.;:~·~l'·.}~~:>. ~';<;.'»;.: <~~.' )',':>.',;.::' ,';':<.~ . < ',' ...., : "<1"".- ~ ".:'j <',; <"<.1..:./:' ....~/., .,;. ...:.'...,....'.:, ".: ',' ;··...:;;...···1··'·. .... .... '. J t, .. I 1 . ~ 10 :I . ( .. .' ,~ ~ '1. t "I I, . '''. ~... !., ì~... I ¡ :- .,,:: :.":, .::~.:. ::;,~;:: "~'''>\:, ' : :::' ¡ '.y:.. '" .' , . 16G 1 AGREEMENT FOR SERVICES Tbis agreement ("Agreement") is entered into this 8th day of January, 1997 between the Fiddler's Creek Community Development District ("District"), by and through its Board of Supervisvrs and Hole, Montes & Associates, Inc., a Florida corporation ("Engineers"), in accordance with the scope of services and for the fees set forth below. SCOPE OF SERVICES The Engineer shall be the District's engineer, and in that capacity, shall perform the following: 1. General Consultation, Meetings and District Representation: A) Consult with the District Board of Supervisors ("Board") and its designated representative and participate in such meetings, discussions, project site visits, workshops and hearings as may be necessary for the administration, accomplishment and fulfillment of the professional services set forth herein with regard to those projects authorized by the Board. B) Consultation and representation before the South Florida Water Management District and such other public agencies and private individuals as may be necessary in connection with the interests of the District and when so directed to do so by the Board or its designated representa ti ve; c) Engineers' contract administration services, including: establishing and maintaining project records, files and permitting documents; planning, scheduling, production and quality control; coordinating and invoicing management; coordinating and administrating of various professional service elements; and D) Such other professional and technical services as may be requested by the Board, in accordance with generally accepted engineering practices and proced u res. 2. :,,'leetings of the Board. The Engineer shall attend regular and special meetings of the BO.:lrd of Supervisors. 3. Operating and Maintenance of District Works and Facilities. The Engineer shall consult with and advise the Board, or its designated representative, on the operation and maintenance of all District Works and Facilities. 4. Land Owners' Meeting: The Engineer shail attend the Land Owners' Meeting and shall prepare the annual report of the District Engineer for said meeting 1 of 8 \~í.lJ~:);..:,~7ft~,~.~;·,:::\~:~.~f·,.~!;r<;t~r>~~~~:~~j~.~.~;~,'~::f:/·.~~~,·;:/:~~'.~;·~·~:~~..-~ .i·.( ;.:~"~~~.~~'.':~~~':~. .~':; ;~~ :.~ ~~1~~ ~ ~', ',' . ~".. .·~;'~t;;..)tn::;-iP·~~·;?f;~rf;J:~::;.:,\~;i!':<.} :·:<~:t;. c,:>;" >'. ....:.;.,.. : ", ' 1 6G 11 5 lnspection of District Works and Facilities. The Engineer shall make periodic inspections of the District's Works and Facilities, at the direction of the Board, and shall provide reports to the Board of these observations. 6. Maintenance Work. The Engineer shall recommend to the Board, such maintenance as is necessary for District Works and Facilities. 7. Annual Maintenance Budget. The Engineer shall assist in the preparation of the District's Annual Maintenance Budget. 8. Permitting. The Engineer shall prepare and submit to the appropriate regulatory agency those permit application materials needed for environmental, design and construction elements of District Works and Facilities and shall assist the District with the processing of such applications. 9. Construction Project Plans and Specifications. The Engineer shall prepare plans and specifications, contract documents, cost estimates, bid evaluations and other allied engineering work for these construction projects undertaken by the District. 10. Surveying Services. The Engineer shall provide boundary, land, topographic construction master control, construction staking and excavation quantity surveys in support of the projects and services described herein, as requested by the Board. 11. Construction Project Oversight. The Engineer shall provide project oversight services for the District on all District construction projects for which the Engineer prepared or assisted in the prepara tion of construction drawings and specifications, District construction projects for which a work certification or permit is required by a regulatory agency, and all other construction projects for which the Board has requested the Engineer to provide oversight services in the interest of the District ("Construction Projects"). Project oversight services shall be performed by the Engineer or by persons in the employ of and working under the direction and control of the Engineer. The performance of project oversight services may require one or more full or part-time project representative, depending upon the requirements of the Construction Project. The Engineer, or its representative, shall endeavor to protect the District against all defects and deficiencies in all Construction Projects. However the Engineer's furnishing of project oversight services does not guar¡mtee the ......ork of any contractor, nor represent the assumption by the Engineer of any obligation for job safety. The Engineer shall not be responsible for the enforcement of safety regulations involving any contract to the District. The Engineer shall file oversight reports wi th the District, as necessary, based on the length and complexity of the Construction Project, except that the Engineer shJIl file oversight reports at least monthly. ~of 8 '~~_'_,""....J1..iJ1~._.,.....__-............._._ ·g··;~:t·, ,:. ~,; '. .; ./~·;~:~·J;~\&}\;::i.:~?~}f~;<::~t¡{(:;;~'~)e~:t.\:>· :.> :.' .';' ,; 16G 1 12. Litigation and Legal Proceedings. The Engineer shall assist the District in all litigation or legal action, or shall act as an expert witness on behalf of the District, as needed. 13. Engineering Records. The Engineer shall maintain copies of all such designs, plans, specifications, construction documents, reports, permits, correspondence, records and other data produced by the Engineer in the performance of services under this agreement. Upon the request of the District, the Engineer shall tTansfer duplicates of appropriate engineering records to the DistTict's office, and the Engineer shall be reimbursed for the cost of reproduction. 14. Insurance. The Engineer shall provide the DistTict with evidence of insurance satisfactory to the District. 15. Additional Service. The Engineer shall provide such other additional services as may be required by the DistTict and mutually agreed to. ENGINEERING SERVICES WORK AUTHORIZA TrON Performance by the Engineer of the work described in paragraphs 1 through 7, of the Sco~ of Work shall be approved and authorized upon execution of this Agreement. Performance by the Engineer of the work described in paragraphs 8 through 13 of the Scope of Work shall be subject to the specific approval of the Board and the issuance of an approved DistTict Engineering Work Authorization (W A). Each W A issued shall delineate the scope of work to be performed, including that work described in the Scope of Work, that is to be performed; all work set forth in the W A shall have been established at the time the work was requested and shall not be exceeded, except with the prior written approval of the Board. The Board may increase the maximum fee set forth in a W A when the scope of work, as delineated in the W A, is changed, or when additional work must be performed which could not have been reasonably foreseen or anticipated at the time the W A was authorized and issued. CODE AND REGULATORY COMPLIANCE The Engineer shall prepare all documents in accordance with current, existing and applicable codes and ordinances, resolutions and laws. The District relies on the Engineer's expertise to evaluate the applicability of these codes, resolutions and laws to the designs, products, studies and decisions that are part of the Scope of Work performed by the Engineer on behalf of the District. The Engineer shall provide to the District, upon execution hereof. a list of all of the :naterials, technical manuals, books, memoranda, including but not limited to codes, laws and ordinances, in Engineer's possession, necessary for Engineer to provide (omplete, competent services to the District. Engineer shall maintain a current updated library of all such materials JS necessary to continue to provide complete, competent services to the District. 3 of 8 ::.fJ~:~ ~: ~.·.·r.,.·:'.~·l,:; y~:'- "'t.': -..~: ..~ '........J-.\.. ~ '.....$...~........ J ;....,' '.' .:~ : ~~ .,;:..~. ~: -.r· :. ./ .'::..";'~"'~, ":"";.:~:.; ". ,. ','" '11,~' ~ ¡..... . 1'_ ., ~ I' ,~. ,". ~ ; ¡. ., " ,"~: >. j ~ ..:' .': .".,'. - ! ' '.,," " ':. ". .,.,' ;' .~. ,. .'. , ..., ' , ..' , . ' '.. ¡ ", Î.: ' '. .' . 1 68 1 The interpretation of codes and regulations may vary within local jurisdictions and may require input from these authorities having jurisdiction over the project. During the permit processing phase, specific interpretations of these codes and resolutions may be made by local authorities that can impact the cost and/or scheduling of the Construction Project and which are largely outside the control of the Engineer, including but not limited to: 1. the application to the construction project of codes and/or after regulatory criteria not published or enacted at the time the W A between the Engineer and the District was entered into, 2, changes in agency staff, conflict or changes in official interpretations of existing codes and regulations, or the application of a particular code or regulation to the Construction Project, made after the W A was entered into; or 3, conflicting interpretations of agency inspectors or representatives during or after construction of the Construction Project. In the event of the occurrence of any of the above-described interpretations, the District may not rely upon any existing contract documents as a basis for it to proceed, with any activity that will cause the District to incur costs or liability above those set forth in the Engineer's cost estimates, prior to receipt of permits or agency approvals. ITEMS TO BE PROVIDED BY DISmIO" A T NO EXPENSE TO THE ENGINEE!\ The District shall: 1. Furnish, all permit and governmental inspection fees. 2. Designate a person to act as the Districfs representative, for the services to be performed under this Agreement, who shall have the authority to transmit instructions, receive information, interpret and define the policies and decisions of the District with respect to those materials, equipment, elements and systems pertinent to the Engineer's services, except as limited by those special conditions for invoicing items necessary to perform the services, that are ordered or purchased by the Engineer and are furnished by the District under the section entitled "Fees to be Paid", TIME OF PE.RFORMAì':C..E T:~h? Engine'2r shall provide those Professional ~rviœs described in the above Scope of \York, until terminated in .Jccordance with the terms of this Agreement. -I of 8 ",~_~""""';:_#~I\~('..J'..\.· '·".''''~'I·''''/.~-." .(,:~. ;..~.I·~·'''·''::;''I'' ~~....:~: :~"'" .:, ..:..... (_., ;', --.4.: ...t,.' "'".' ,.,. ".......,....", . '.; .' 1.....\ .", 1'1 "';I +," ('. " l ~. , ::;-'.~;: <'."~)':.';~~;: ~">'.~ Y,~";~··.:.>~:~ ~.<~'.' /'~'i.~~."';':":"; .:~ ~ ,',<:",: ':' ,',/ > ~ :. ,~, ':,{':" :. . . . ' 1 6G 1 FEES TO BE PAID 1. Professional Services: In consideration of the performance of the services set forth in items 1 through 15 of the Scope of Services, or for such additional services as may be agreed to in writing by both parties, the Engineer shall be compensated on the basis of a lump sum fee, for a defined Scope of Services, or on actual hours worked, in accordance with the rate table set forth on Exhibit "A", attached and entitled: "Hole, Montes & Associates Professional Fee Schedule". In addition, the Engineer shall be reimbursed for direct nonsalary expenses at cost, including, but not limited to, testing of materials, and subsurface explorations, equipment rental, automobile travel, per State of Florida mileage rates, commercial air travel, long distance telephone, subsistence, printing and reproduction, plus Florida sales taxes if applicable. 2, Litigation Support Services: When requested by the District to assist in any litigation as an expert witness or in any other professional manner, the fee paid the Engineer for such service shall be the fee set forth in Exhibit "A·', which is a reasonable fee, which need not be limited by the finding of any Court concerning the adequacy or inadequacy of the fee, In voices for services rendered shall be prepared mon thl y and are due and payable within thirty (30) days from the date of the invoice. All bills and invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. All bills and invoices for any travel expenses shall be submitted in accordance with Section 112,061, Florid a Sta tu tes. Payments not received within sixty (60) ca1cndar days of the date of invoice may constitute cause for the Engineer to discontinue performing and providing services for the District until such time as payment is received in full. If the Engineer is required to take action to collect past due invoices, the prevailing party shall be entitled to recover its reasonable attorneys fees and costs, including any costs of appeal. This contract shall be governed by the laws of the State of Florida. The venue for any actions arising out of the agreement shall be in Collier County, Florida. [f items are to be sublet, confirmed, certified or updated, the Engineer shall order the work after receiving the approval of the Board, No change in the list of subcontractors :;ubmitted as part of Engineer's proposal shall be made without the prior review and 50iS ___""'I!I",-..nl _ .' . ~ J . . ., . ' . '", . ,.~"~"'" ,', . .:.. ': '.' : ¡ ,.:' ,..,': , .' , , . . 16G 1 approval of the District. The District shall make payments In accordance with the terms on the invoice. When the Engineer is assisting the District in the applications for permits, or other approvals, the Engineer's fee for such services will not be contingent upon final approval or denial. rBOTECT REVIEW SERVICES When the Engineer is required to perfonn services on a Construction Project site that include evaluating the conditions of items such as paving, structural, architectural, '::Juilding envelope, roofing, mechanical and/or electrical systems, the Engineer's services are limited to the identification of observable conditions only. Systems not ....isible from within the building envelope or from accessible exterior elements of the project are not part of the Engineer's observations. Review of these systems by the Engineer will occur only when specific and detailed descriptions of the system to be evalua ted and the manner in which access is to be provided are detailed in the W A. SHOP DRAWING AND SAMPLING REVIEW When required by the District to provide shop drawing and sample review services as part of the construction administration phase of a project, the Engineer's responsibilities shall be to revie...: the quality and quantity of materials, drawings, methods and means of construction for conformance with the design criteria required in the contrJct documents, MODIFICATION TO THE TERMS OF THIS AGREEMENT In the event District issues a Purchase Order or Memorandum or other Instrument covering the professional services described herein, it is hereby specifically agreed and understood that such Purchase Order, ;-"'lemorandum or Instrument is for District internal control purposes only and any and all terms and conditions contained therein, whether printed or written, shall be of no force or effect. This contract is the entire contract between the parties and there is no modification or waiver of any of the t~rms and conditions herein unless agreed to in writing and signed by both parties. ESTIMA TES E·ecause the Engineer has no control over the cost of labor and materials, or competitive bidding and market conditions, all estimates of construction cost provided for herein are to be made on the basis of experience and qualifications. Accordingly, the Engineer does not gu;:\rantee the accuracy of such estimJtes when compared with a contractors' bid or the project construction cost. 60£3 ....- I ..~ r .., .... '. ," ''" r .... . ~ " . . 1 . , .' , ' ~~::.',~" ;~'~I"',,<.',:;~>..." . ~::,,:,< :,,', ~'" '.: .~~',~ . ,':'., ~., ·i:.',· ,,'. '. ~. ',' , . .' . , ' '" . ô$;;_..Ji.R",'_ · ," ........." ..',.~ . ~... .", ,"-\ ~.""'~. I.., . .. - ~..',' '., ,- >;;- .. ,.... ,.. '..,-,,,, .. 4\ It " .-, ~ ;." .. " t, .",' \'. '4 ~, , .... ~ ,_ ~".' ¡ .~ .. / 't ..... . . ,. '. . " t. . _, ~~';,·<~·"i~·J:' :;>~ -;:/<":'::, ,.~,' 'j "=:~"",~~'" ··r',· :"".;~; ,< -, ", ',. ;', ,', . "", ,: . , 16G l' TERMINATION Dds Agreement may be terminated by either party's giving of thirty (30) days advance written notice. The Engineer shall be paid the reasonable value of such services or portion of service satisfactorily completed prior to the date of termination and for any unpaid reimbursable expenses. The District shall further have the right to unilaterally cancel this Agreement for refusal by the Engineer to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Engineer in conjunction with this Agreement. OWNERSHIP AND USE OF DOCUMENTS Ora wings, specifications, and electronic data files as instruments of service are and shall remain the property of the District whether the construction project for which the:r were made is executed or not. The Engineer shall be permitted to retain copies, incl'Jding reproducible copies, of drawings, specifications, and hard copies of electronic data files for information and reference in connection with the District's use and occupancy and oversight of the construction project. The drawings and specifications may be used by the District on other construction projects, additions to the con~;truction project, or for completion of the construction project by others, provided that the Engineer will owe no duty to or have any liability to the District as to such other projects, or for use of the Engineer's designs for purposes other than as specifically designed in the project. MODIFICATIONS AND ADDITIONS TO EXISTING STRUCTURES Beca'Jse of the Engineer's many years of background and experience in design and conslruction, the Engineer is qualified to make recommendations and master designs whic~, in the Engineer's opinion, will meet the needs of the situation. These services wiil be performed to the best of the Engineer's skill and ability and commensurate wi th the economics of the si tua tion. PROHIBITION AGAINST CONTINGENCY FEES The Engineer warrants that the Engineer has not employed or retained any company or person, other than a bona iide employee working solely for the Engineer to solicit or seCUrE' this Agreement and that the Engineer has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Engineer, any fee, commission· percentage, giit, or other consideration contingent upon or resulting from the award or making of this Agreement. ï of 8 T po--- 1·_"'11"'''' . _____ 16G 1 ACCEPTANCE Acœptance of this proposal shall be indicated by the signature in the space provided below of a duly authorized official of the District. One signed copy of this proposal returned to the Engineer will serve as an Agreement between the two parties and as Notice to Proceed. This contract will be binding on the parties hereto and the parties' successors and assigns and shall supersede all previous agreements. ú'\¡ WITNESS WHEREOF, the parties hereto have hereunder placed their respective hand and seals the date noted above. ATTEST: BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, an in~dent special district: "'.~.\ r (Ii Cn ' ~c...'(.,<-v: '1~ : j. ",'Jt..,- ,,",,-, Larry NrGn~ns, Chairman .....) £. . ;' /. /.. -I '~//(...'/' / ~~ //./1 (/. . I Jam~..v'. Ward, Secretary ATTEST: HOLE, MONTES & ASSOCIATES, INC., a Florida corporation :7J% ~/ Ú~ I ............ -,/./.....-- /,,- ~)L- As its President APPROVED AS TO FORM AN~SUF . NCY: . ---.... ) / / .i··V'- b . t.¿~. ~ ~·7· !'Íony Pires, fr., District Counsel FCC,JD.AGR.\fTlks/3.I O.9ì!1 :52P....1 80f8 ....~. ~ ~.e, ' ~,;." _:J . ., ..... ,." 1 ....... . \ ~ _ ." . "". ,- \' \. ~ " .' j ,I .. ..' \ ., J) _ ~ . , . \ - I:' - í . -. " . ~,:".:';" :~':):......;'.;J...~. ,.,,:,:,.:.;~..: ~,7~'''.~.~' "'~.' ." . ~~ . .,' '~~'_..!"'" . .. ~. . . . . - ,. , -""~._",,.._o;.________._...__" "- ......., ..' "":'~"-:--~". ..'6-. I, ~ ': ~. . . .,.~... , '.~. ,I . ' -'. . .~. ~.. . {...",.. , '...... J...... I .: t ..;' . ..\ ~ . r ~: '~\ J ~ " . .. I. ¡ I . _ '~'}~i;~;~~:::'f;;;~!.:G),',::;~?:~,:;'Ui,"':2· ,,-~:~:. " .,'" ' ,,',' ,', 16G 1 HOLE, MONTES AND ASSOCIATES, INC. PROFESSIONAL FEE SCHEDULE DATE: November 13, 1996 SUBMITTED TO: Fiddler's Creek Community Development District ENGINEER V (principal) ENGl}.,'EER V ENGINEER IV ENGINEER III ENGINEER II ENG~"EER I ENG~"EER TECH IV ENGINEER TECH III ENGINEER TECH II ENGINEER TECH I CONTRACT ADMINISTRATOR (Principal) CONTRACT ADMJ).¡lSTRA TOR (P.E.) CONSTRUCTION FIELD REPRESENTATIVE III CONSTRUCTION FIELD REPRESENTATIVE II CONSTRUCTION FIELD REPRESENTATIVE I PLANNER IV PLAt'-l"NER III PLA."{N"ER II PLMTNER I SUR\fEYOR V SURVEYOR IV SURVEYOR III SURVEY TECH IV SURVEY TECH III SURVEY TECH II SURVEY TECH I 2 MA'l SURVEY CREW 3 M.A.....N SURVEY CREW TECHNICIAN III TECHN1CIAN II TECHNICIAN I OUT -OF -POCKET EXPENSES MILEAGE CONCRETE MONUMENTS PERMANENT REFERENCE MONLJ.ME>.iS 5125.00 per hour S II 0.00 per hour S 85.00 per hour S 75.00 per hour S 65.00 per hour S 55.00 per hour S 60.00 per hour S 55.00 per hour S 50.00 per hour S 40.00 per hour S 95.00 per hour S 75.00 per hour S 55.00 per hour S 45.00 per hour S 35.00 per hour $ 95.00 per hour $ 70.00 per hour $ 60.00 per hour S 45.00 per hour S 85.00 per hour S 65.00 per hour S 55.00 per hour S 55.00 per hour $ 50.00 per hour $ 45.00 per hour $ 40.00 per hour S 80.00 per hour S 95.00 per hour $ 38.00 per hour S 30.00 per hour S 25.00 per hour Cost Per Florida Statute $ 10.00 each S 10.00 each This Fee Schedule is effective for one year from date of tbe LETTER AGREEMENT. \\HMA_i I 5\WP\1 993\9J I 32\WTClfeecdd.doc -- -____"____ __,,____u ___.,__ _ ~ .'.. -' ~~ ';',.,' ~ ' . , .... ~ '. - , . Fiddlds Creek Community Development District December 02. 1996 16G 1 Gulf Bay Communities 4001 Tamiami Trail North Suite 350 Naples. Fl. 33940 Atten tion: Subject: Anthony DiNardo Fiddler's Creek Community Development District Fund Request Dear Mr. DiNardo The current funding requirement for the Fiddler's Creek Community Development Distrtct Is necessary to pay the following. Pay Request .6 §y~:visor Fees I1j2? Meeting All Supervisors Attended 5 @ $200 .Qm..L. Mover Dccember '96 Management Fees Seal Fi!'lhkind ð: Associates 10/9£; Expenses ÇQD!l 5prln¡s ImDfovement District #00m:63 Oct/Nov Rent #000:;:75 Postage/Copies/Fedex Naples Daily News 11 /2ï Meeting Notice Florida Municipal General liability 2nd Installment Late Fee Bankt:lg Service Charge $1.000.00 $2.750.00 $66.90 $488.25 $400.00 $159.91 $58.85 Total Request: $750.00 $25.00 $13.41 $f5.712.32 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 10300 N.W. 11 th Manor Coral Springs. Fl. 33071 Enclo~;ed is a copy of all backup required to support this request. Accordingly. it would be appropriate for Gulf Bay Communities to fund these items at your !:arliest convenience. Thank you for your attention to this matter and if you have any questions. please let me know. In the meantime. I remain. Yours sincerely. Randy\Vhite Director of Accounting ,;~;H~Ç:; :,.. ;ti~r~~t~~:~~T:i};{{~?{é\~:··;"/,:: ::!:'. '; L . ,\ ~:: .:'.' '.; , .' . . ~ .í"~l..r "I'~~~~ ". t'"'",.. ,....t"~,;......')... .tt; 1\t,... ( -I..v It.. .t'~, ,'" !.'~ ". ,J, ~ "'~ ..' ~,......,~, '. .,~';t"'.4t.::'::/';· ø.-t.!,~i"_~~:~1·~:~1'{.)~~~~.~~~·Ÿ\~ ~:~.--:::",;"\1~:;,:..;·t~:':-(~~::f~'·~·~.~,";_...J)~:\·\ '.~- ~ ...\'~'...:'/\~, :.~' ~ ..... .;, '."'.."'.,,- .... '.:10,0...:-...'. /'...?.. ..,' \;\."·.'·¡··.(.··)...·...,~.....'..,..~...."'·.'.·"'·H·'(·~·;- .','~-'. '-'. ......,..'.;'.....-...~:. ."".'., ~~ ,.~~.i¿,...': .1;",..0:". ,>.:~~' ".~¡1:1(:,... ~ "r:~'~.",:..,\,:~.j::.: . ( ~ ~'/w:~·:· :~ '-:, ;.... ~-W...'. ' "," ", ; ". . ,~.., ~ . Fiddler's Creek Community Development District December 26, 1996 16G 1 Gulf Bay Communities 4001 Tamlam1 Trail North SuJte 350 Naples. Fl. 33940 Att,~ntion: Subject: Anthony DINardo Fiddler's Creek Community Development District Fund Request Dear Mr. DINardo The: current funding requirement for the Fiddler's Creek Community Development Dlstrtct Is necessary to pay the following. Pay Request .7 lID11an Trace Community Dev. District 11/96 Long Distance Faxes ~2dward. Pires & Lombardo. P .A. 10/96 Representation r!u,les Daily News 12/18 Meeting Notice ßA¡y L. Moyer 1/97 Management Fees DYdoot Mailmoms. Inc. 12/9 Service $12.00 $2.545.12 $58.85 $2.750.00 $37.00 Total Request: $5.402.97 FIDDLER'S CREEK COMMUNI1Y DEVELOPMENT DISTRICT 10300 N.W. 11th Manor Coral Springs, Fl. 33071 Enclosed is a copy of all backup required to support thIs request. Accordingly, it would be appropriate for Gulf Bay Communities to fund these Items at your earliest convenience. ThaClk you for your attention to this matter and If you have any questions. please let me know. [n the meantime. I remain. Yours sincerely. Randy WhIte Director of Accounting ··~:i::~:)':";"::;}'.'."·":>·\·';·< .:.' . " . " " " ,~~:';;'~. ~).': '.> .::' J< i;~.,'.,//<·~.::; )'<::' .':'''':,J-:'>.~.í<~. ;', " .', : ;', , JAN Ø7 '97 16:24 FR DISTRICT OFFICES =2 954 345 1292 TO 19415663161 j.Ð2/02 1"iááCtr's Creek.. Community Development District 1 6G 1 Reauisltlon Listing Number Paid To: Date Paid Job Number Amount 1 951 Land Holdings Jt. Venture 12/15/96 $4,367,227,18 2 Woodward, Pires, 8. Lombardo 12/15/96 59,236.37 3 Rshkind 8. Associates 12/15/96 $25,500.00 4 Woodward, Pires, 8. Lombardo 12/15/96 $927.17 5 Len Tran, Inc. 1/8/97 $214,213.32 6 J. Roland Ueber, P .A. 1/8/97 52,014.50 7 J. Roland Lieber, P.A. 1/8/97 53,452.73 8 George Botner ASLA 1/8/97 53,185.89 9 Smith Aerial Photography West 1/8/97 $106.20 1 0 Coloret Electric , /8/97 $22,500.00 1 1 Len Tran, Inc. 1/B/97 51,860.50 12 Guymann Construction 1/8/97 $154,605.57 13 Guymann Construction t /8/97 $407,630.43 '4 Hole Montes 8. Associates 1/8/97 $2,624.75 1 5 Hole Montes & Associates , /8/97 $20,460.94 1 6 Certified Pool Mechanics, Inc. 1/B/97 S' , .137.50 17 Boran, Craig, Barber Engel Constr. t/8/97 $64,791.10 totals 55,311,474.15 '. ,:', ,~.,~::. .;', '.;:':,','; .:....'... . '::~,'. ..'::~: ~":.; ., ,<': .... ',' : . . .'.' ,,' " , " 4"""''''_iI< '''I''' ----.....--- · ~ _" .. . :.. ., ~ I '.~.~ '. ,~. ~ ~. ". "': 16G l' J¥'aþ/e& ~ Community Development District May 20, 1997 c~ M,W.GER ~1tG DAn: ~?? ACT1011 : Pi I . Collier County Manager's Office Collier County Governmental Center 3301 E. Tamiami Trail Naples, Florida 33962 lllFO: ~;:; 1ñ.~ ..::: BY: ~.''''' Attention: Mr. Michael McNees, County Manager Subject: Naples Heritage Community Development District Proposed Operating Budget· Fiscal Year 1998 Dear Mr. McNees: In accordance with Chapter 190.008 (2) (b) of the Florida Statutes, the District is required to submit to the local governing authorities having jurisdiction over the area included iri the District, for purposes of disclosure and information only, the proposed"annual budget for the ensuing fiscal year. As such. I am pleased to enclose the District's Proposed Operating Budget for FIScal Year 1998 for your review and information. If you have any questions, please feel free to contact me directly. Yours sincerely, NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICI' (1 '? I , í!dML..:J I· 2Utl~d_. I James P. Ward Assistant District Manager JPW Iks Enclosure Misc. COrrf;s: Date: ~ Item# I Lt· G.. From the desk of_. Jama P. Ward AlliJt.ant Di.trlct MaNser District Offices 10300 N.W. 11th Manor Coral Springs, Florida 33071 Direct Dial No. (954) 196-6615 Direct Fax No. (954) 345-1292 Cop¡e~ To: /:/;\:·r(, :':,,:~;\:,..(:?J': \i;i ;',;":, ;,:i"·· \{: ;r'::'f :.;: .'. ...., ':..~.' .... .':~: : ·...."_.~·,4""_._·,_".,·_·,"'~·,,',·· .«,._.......__...---....=_...__ "4I'___~__ T__"'....·. "'..P.._T , .. Revenues: Appropriations: ,0' ~ " . ........., #;~ .,. ;.,.... ",,'_ "~ _.., .~~., . _ ¡.' ',= ...',~, .~.' -. . . . 9£apfes !l-feritage Community Development District 16G 1 I Budget A.cal Year 1998 Debt Service Fund Unappropriated Fund Balance- October 1, 1997 Assessment Levy Interest Income $506,268 $368,622 $16D,370 Total Revenue: $1,035,260 Debt Service: Principal Debt Retirement Interest Expense 50 51,010,446 Total Debt Service: $1,010,446 Other Fees & Charges Tax Collector Property Appraiser Revenue Reserve $7,016 $3,473 $14,325 524,814 Total Fees & Charges: Total Appropriations: 51,035,260 ),'"Y, ;:,:{ :~.: ~:,~'~" .,).:./ ::::: ,', C.:{,· ,~;" 'X<i>., ',.:." <..... .', ~ ,..iI. rT rl' .1" 'I"r"1·_____"""', , ", :. ;.:',,; .,i,,': i;: t,:; :::.;; '/~:)·'¡;<'~'i~/j~¡:::~\:. :/U:: ~~~;_\:.: (.: \:::~ j ::.,': . '.. " , " '.', . " '. , . .' . :J{gpfe.s !Jieritage Community Development Dlatrfct 16G I Budget Flecal Year 1998 Debt Service Fund Revenue Summary: Reserve Account: $88,250 The Bond Resolution authorizing the issuance of the Series 1996 Bonds established this account and provides that the Bond Reserve Requirement shall be an amount equal to tho maximum amount of principal Installments and interest payablo In any year on a1l bonds outstanding. The monies in the Reserve Account, to the extent of the bond reserve requirement, are not avaJlable for any purpose other than the payment of the principal Installment and interest on the bonds Reserve Requirement $1,640,000 The District has invested the reserve funds in the following: United States Treasury Notes United States Treasury Bills Rdelity Money Market 5.625% 5.100% 5.10% $812,000 $830,000 $4,852 $1.646.852 These investments are in accordance with those permitted as outlined In the Bond Indenture Debt Service Accounts: $72,120 The Bond Indenture authorizing the issuance of the Series 1996 Bonds established three (3) Debt Service Accounts to track the flow of funds from the receipt at monies through the Payment of Debt Service. The following are the accounts which have been established pursuant to the Bond Indenture. DescriptlOIl Interesf Revenue Fund Interest Account Pre-Payment Account $340 $66,780 $5,000 $72,120 __'''''_~''~_~_!.__"'''~___'"''''''____''<I'fA" Appropriations: ;':<':::~'~":~"~:~<'" .~I'·,.'l::.·:··~~·r::..::.·:;'~·".;;.'::::·:~>,··':,··.~.~~'; .,:~,/~":,,.' . ..' !J{g,pfes :Jieritage Community Development District 1 6G 1 Budget AacaJ Year 1998 Debt Service Fund Debt Service $1,010,446 PrincipaJ Retirement· November 1, 1997 so Interest Expense for the period ending November 1, 1997 for the period ending May 1, 1998 $505,223 $505,223 Total Interest Expense: $1,010.446 Other Fees & Charges: Tax Collector $7.016 Fees are based on Fiscal Year 1998 Assessments to be collected. The Tax Collector's fees are two (2) percent of the assessments collected. Property Appraiser $3,473 Fees are based on Fiscal Year 1998 Assessments to be collected. The Property Appraiser's tees are one (1) percent of the assessments collected. Revenue Reserve $14,325 The District currently reserves, and State Law permits the District to appropriate96% of estimated revenues, which will coyer discounts and non payment of assessments. Total Other Fees & Charges 524,814 Total Appropriations $1,035,260 :{.::;/:1~}/ ~,~.'.:~ )~~ '-:~'.-:< ::.~~'¡,~{~.': ,~~?'\~ :~.~.~ ·(/~,'.~'~f~'~~~..~:, ;:~< .:;:/:::::,':..;)'.;.' '.:.: ,', :.:....:. :~. ':." "', ..', " .'..., . .. ~ . 111 1I1II·¡¡' "n.··.~_"'-i' "<I :.~. ."~ .~' -: ·~\.;'·ý~.\.::/~;1!·...(':"'.: :'·-!:'·:'i·:.:);~'·;::,;;'., ';::'~ ;.:....;:.;' ':', , :~ ~..';' , ,', .','. . 9t(apfes !J-feritage Ccmtnunlty Dowlopmmt tìI&Vfct Budget RSCAI YNt 18i8 Debt Service Fund Statemltnt of R.vom."" ExIMndlt\l.... and Chang.. In Fund Balance For the Rscal Year endIng s.ptanber 30, 11W1 16G 1 Budg9t FY 97 Actual Anticipated Rocelvod or Expended 4/30/97 Thru 9/30/97 Variance Favorable (Unfavorable) Total AscaI Year 1997 Rewnues: Unappropriated Fund Balance $0 $0 $0 $0 so Prtndp¿J Prepayments $2,000,000 $1,241,988 $758,012 $2,000,000 $0 Bond Proceeds $2,981,010 $2.981.010 $0 $2,981.010 $0 Interest Income $91,500 $46,502 $44,998 $91,500 $0 Total Revenue $5.072.510 $4,269.500 $803.010 S5.072,510 so Appropriations: Principal Prepayments $2,000,000 $1.241,000 $759,000 $2,000,000 $0 Principal Retiremant $ 0 $ 0 $0 $0 $0 Interest Expense $421,019 $0 $421,019 $421,019 $0 Total Appropriations $2.421.019 S1.241.000 S1,180,019 S2,421,019 so l-let Income $2.651,491 fund Balance September 30, 1996 (Actual) so F.S$rved for Debt Servlce(Aß Years) Reserved tor Debt Servlce(AscaJ Year 1999): Principal on Bonds Due 11/1/98 Interest Expense Due 11/11'98 S1,640.000 $0 $505.223 $505,223 Utla nated Fund Balance S mber 30 1997 $506,268 16H 1 ~ MEMORANIÄJX Date: June 10, 1997 To: Joyce Houran, Grants Coordinat.or Collier County Sheriff's Office From: Ellie Hoffman, Deputy Clerk Minutes & Records Department Re: Universal Hiring Program Form Enclosed please find the original document as referenced above, Agenda Item #16H1, approved by the Board of County Con~issioners on June 10, 1997. If you should have any questions, please contact me at: (8~,06) . Thê\nk you. Enclosure ,:,'" ~::i.. ',- [,.::'~ '.,..~.:" ~ -.·~~.fI"" { » ", .:.:' < .:.~ .; <; :::. > /"~":', :. < :.:'~ .:' .:. ':: ',' . ,:'.' :, 7_".. .:,': ,; " _I ...' ·~·ø."_(____"·_·__"_~;'A_"_"'____·'·=-~_'_________"'~_""~,~ . ....... 'J:; '.. ..; "': .: '..\ . .'~-: .' . '. . . -.- ~.~. . ...... .: . \. .,' .':. :.:" .:'. . f) /'; ,,,. J.Ù ¿ !'~d ~1./ -4.";", <...... ~ / j L)Ci';ÿ;/S;¿·.>Le,C u.s. Dcpartmcnt or Justice 1 6 H 1 Office of Community OrIented Pollcina Scniccs(COI'S) Grants Administntion ./ //00 Y~rmøtII Awurw. NW Washington. D.C. ZOJJO Universal Hiring Program May 13, 1997 Sheriff Don Hunter Collier County 3301 Tamia.'11i Trail East Naples, FL 33962 FLOIIOO As a recipient of a COPS Universal Hiring Program (UHP) grant. the COPS Office would like to know the rlumber of additional law enforcement officers you would like to receive in the next availahle round of funding. Future grant awards will be bascd on the information you provide in this document only. If reqllestin~ a w?,jver ;:¡f the local match, you must attach a detailed one page explanation of your financial hanlship. Please complete and return this form to the COPS Office. Unreturned, blank and/or incomplete forms will be treated as though 0 officers have been requested. Additional Officers Requested Full-time Part-time 9 Waiver ReQuested? Yes No IMPORTANT: Both signatures must be originals. ¡fyou have any questions, please call the Department of Justice Response Center at 1-800-421-6770 or your grant advisor. Law Enforcement Executive Name Don Hunter Dat.~ 5/28/97 Law Enforcemen ignature -2!ìeriff Go\crnment Executive Name Timothy L. Hancock Dati: 6/10/97 ;~~ RenlTT1 th is fi to: Office of Community OriCDted POIic:iD& $en-Ices Universal Hiring Pro¡ram Control Desk, 7th Floor 1l0H Vermont Avenue, NW Wa~ hington, DC 20530 . . . "..-..', ; '~., y' ~, ',~. =- ATTESi: -. .' ~ OWIGHTE. BROCK9 ClE~ ~ I ·h~·:: Jr ~{::'~;J ~~r~. ~.:~- - 'Il, >.:., . '0' ~ -:, ... ". \ ' Please complete and return thisform to the COPS Office by J,me II. 1997. ;C~J' åc.~t:·~.... ~u.=':';:a.' .... ;:. :.....: .', ;; :-:..; J>' ..'-~:'. .:.'~ ' .... ::<:':,' . 0:.. ,:.' .:.. .... ',. ~....",___",_. T , ,- . ~ ... ~, . . . '. ,'. . . 4 ,,- ,. ..- ~" . . " .. ',' ..,.' 'I " ~ -,' , ." . .. ",.. \ ".. ~ .. {. " . - ; !It - .J:; t '/1"'/ I '1,../ ..;{. , ", I' ," I. " ,I,; 'l.'- (. I. I' ./7., "/\/j. -""'/-' J C C . ¿ 'e: y",¡ ~ :.j-LL·V- omcc of Community Oriented Politine Scrviccs(COPS) GrIIIlS Administnlion 16H ·1 v.s. Dcpartmeat or Justice ;/ 1/00 Yt:mtOtIt Aw".,.. NW IYashlngtOtl. D,C. 20JJO Universal Hiring Program May 13, 1997 SheritT Don Hunter Collier County .330 I Tamiami TiaiJ East >laples. FL 33962 FLOIIOO As a recipient of a COPS Universal Hiring Program (UHP) grant, the COPS Office would like to know the number of additionllllaw enforcement officers you would like to receive in the next available round of funding. Future grant awards will be based on the infonnation you provide in this docunlent only. If reqUl:5ting a waiver of the local ma~ch. you must attach a detailed one page explanation of your fmancial harœ,hip, Please complete and n~turn this form to the COPS Office. Unreturned. blank and/or incomplete fonns will he treated as L"Iough 0 officers have been requested. Additional Officers Requested Full-lime Part-lime 9 Waiver ReQuested? Yes No IMPORTANT: Both signatures must be originals. If you have any questions, please call the Department of Jlr.itice Response Center at 1-800-421-6770 or your grant advisor. Law Enforcement Executive Name Don Hunter Datc_ 5/28/97 Law EnfO",~;gn."", Sh'ª-riff ~ Gov:::T\IT1ent Executive Name Timothy L. Hancock Date_ 6/10/97 G~~.- Qtj,rman I Retum this fi to: OfficI: of Community Oriented Polic:lnK Services Universal Hiring ProKnlm Control Desk. 7th Floor 1100 Vermont Avenue. NW Wasbington, DC 20530 ,~\j;~'1 ~ \ ~ . '" :, 1',. .. -:.~ "........ ATTES1: :.. ,,' ':G OWIGHTE. B~..ClE~ . ;; ;:.' ~ '. ,,:.:;~,> .;-" )[lr~f~ '.J;'6./ Ñ ~.... 9M~'lt' C~,er,..," ~ .' ~~, ,.:.'. .;". .1r~.1 "'i··~~· ",' Please complete and return thlsform tD the COPS~blce by June II, 1997. ,~:;:ZjJ '. .(i.r::.~t:·:a.;: C.:;>.::.:~: .~...~'...:.: :: ":,. '. ,':>,'_,.,:.,:~. ::; ;:H ....... H< ::": ' . . '., ':'" .'. , " . . ..' .,---_....,,--"" RESOLUTION NO. 97-~ 161 1 A RESOLUTION APPROVING THE LEASE BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA. DEPARTMENT OF JUVENILE JUSTICE FOR A JUVENILE DETENTION FACILITY AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE SAME. WHEREAS, the State of Florida, Department of Juvenile Justice desires to tease certain land upon which a Juvenile Detention Facility will be constructed; and WHEREAS, the lease shall be for a term of fifty years with one fifteen-year renewal term; and WHEREAS, the Board is satisfied that such property is required for a Juvenile Detention Facility and is not needed for County purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The Board of County Commissioners does hereby find that the leased property is required for a Juvenile Detention Facility and is not needed for County pw-poscs. 2. The Board of County Commissioners does approve the attached Lease Agreement between Collier County and the State of Florida., Department of Juvenile Justice. 3. The Chairn1an of the Board of County Commissioners of Collier County is hereby authorized to execute the attached Lease Agreement. This Resolution adopted this ..œz?ðay of ~ ,1997 after motion. second and majority vote favoring same. .. '. . A TrEST: /--. ~ DW[GHT E. BROC~;.Clerk .v· ,,(" 4,: )~~.qÞ- - r¡(/J.a By: App:roved as to form and legal sufficiency: lJ'4L J A) L '-- Heidj F. Ashton AssÍ>tant County Attorney (:lcw\F~O$O!Ulions\Juvcnilc Juslice FKility - . , . . 1 6·' 1 GROUND LEASE r THIS LEASE is made and entered into this"":::"- day of ""..l~~< . 19" 7by and between COLLIER COUNTY, a political subdivision, herein referred to as "LESSOR". and THE ST ATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE, a St.'lte Agency, herein referred to as "LESSEE". The actual date "f this Agreement shan be the last signalure date. In consideration of the mutual covenants provided herein and other good and valuable consideration. the ~~arties agree as follows: ARTICLE I. DEMISE OF LEASED LAND 1.1 LESSOR for and in consideration of the rents, covenants and conditions herein contained to De kept. performed and observed by LESSEE. does lease and demise to LESSEE, and LESSEE does rent and accept from LESSOR, the real property, referred to as "Leased Land" described in Exhibit "A", attached hereto and incorporated herein by reference. 1.2 LESSOR hereby represents and warrants that LESSOR is the owner in fee simple absolute of the Leased lAnd subject to covenants, conditions, restrictions, easements and other matters of record. A copy of the deed providing fee simple tith~ to the LESSOR is attached, along with a certified copy of a current survey. 1.3 LESSOR covenants and agrees that LESSEE, on keeping the covenants, conditions and terms of this Lease on LESSEE'S part to be kept or performed. shall lawfully and quietly bold, occupy and enjoy the Leased lAnd during the term of this LeII.se without hinderance or molestation by LESSOR or any person claiming under LESSOR. ARTICLE 2. LEASE TERM 2.1 This Lase sball be for a term of Fifty (50) years, hereinafter referred to as ·Lease Tenn.· Said Lease shall commence on the day of the last dated signalure of this Lease. Additionally. the LESSOR a¡reeI to offer the lESSEE the right to renew this Lease for an additional Fifteen (15) year period at the end of the above- referenced 50 year Lease Tenn. The LESSEE agrees to pay the LESSOR the sum of One Dollar ($1.00) per year, wlùch amount shall be rendered to the LESSOR at Board of County Commissioners. c/o Real Property M2t. Dept.. 3301 Tal1Ùal1Ù Trail East, Administration BId!!.. Naples, FL 33962. All of the covenants and conditions contained within this Lease will apply to any renewal period. 2.2 If LESSEE shall hold over after the expiration of the Leasc Term. such tenancy shall be from month to month under all of the terms. covenants and conditions of this Leasc subject, however. to LESSOR's right to seek legal relief to eject LESSEE from the Leased Land as a holdover. ARTICLE 3. 3.1 LESSOR shall make available scwer and potable water lines to the said Leased Land. LESSEE shall pay and discharge as tbey become due, promptly and before delinquency, all monthly utility fees, license fees, permits, levies, excises whether general or special, ordinary or extraordinAl)'. of every name, DArufC or kind whatsoever on or against LESSEE. All persoDJI to whom these prescnts may come are put upon notice of the fact that tbe interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE and liens for improvements made by the LESSEE are specifically prolùbitcd from attachin¡ ._=-- .- - "- - ~ :',./.' ::. ./;><: ':.,', " " ' I , ' .-,\ ""11., ) .r}. ..' 0,' . ~.. , ...-..:~..'.~. .~ '~I \~'f- ~~...~~'¡I :,,' .f.. ~ '._' ".1'. .. ~ ',', _ '. '. , ·..-.,.. <...~-",,,.,,.,,,, .,~" -~.. . \ ~: ~ ¿' ~ : ;..... ,,~.. ...' ->' ¿ h ~. ¡...;' \ 'I.-v 11. ,'........ \':, ~ .t '-: ~ ~ :, \~ (' ~ .. :.. ! j,....' ~. ~.' : ~ I J I. " . ,.... : : ~;' ."'... 14'J,·"":.t_'· ..~.., ..f(...f<tt....:-.4"'\·.."',¡.,..........(;j~. .t.'. ~....I ..1' J" I.... i J\:~ ;,~.,;:'~. '::~ ';¡...\'::'-~..~:"'r,~~~;::_c."~r:·:.,,i',;.>;;·;:~:.~~; :.....:~...,:~,...~..::.:.::-.-~.' .....~ '.. .:. :.:'.... -: '.' ,;' ,.:'. .~ .. t ..... ;', } ....1.(" .: if... f, "" ..,..~.'Í'"~ , .... ",' .......~ J ...... f 1 '.. J J ~ J'~ ': ... :...... :. V ,i tl,;.; t I' ' ,'.. ,). ~ .. '- ~.... . ... .. t ~ J'.. . ',' "" ~'of :I' . 41. '. .". . I .'.......'. _ . '.'" '. \ I,' _ _ 1 6 I .... 1 t.) or becoming a lien on the int~rest of the LESSOR in the Demised Premises or any part of either. This notice Ï:I given punuant to the provisions of and in compliance with Section 713.10, Florida Statutes. ARTICLE 4. USE OF PREMISES 4. I LESSEE shall have the right to use the Leased Land only for the purposes specifically rdcrenced herein. It is undentood and agreed that the primary purpose of LESSEE for the use of the leased Land i:; the construction and operation of a juvenile justice facility. 4.2 The property shall be used by the LESSEE solely as a location for juvenile justice facility a.~d activities directly related and incidental thereto punuant to the provisions contained in Chapter 39 (u slJb~u~ntly enacted) of the Florida StaMes, which services shall be provided by LESSEE itself or through an Interagency Agreement with another provider. 4.3 The plans, specifications and building design for the LESSEE's facilities to be instructed on th~ leased land are subject to I""'...a.sonable approval by LESSOR. 4.4 LESSEE agrees to commence construction of the approved improvements to the Leucd Land within two (2) legislative sessions from the last execution date of this Lease. In the event LESSEE does not c,>mmence construction within such period, then this Lease shall be terminated and neither party shall have any fllrther obligations to the other party, Upon commencement of construction, LESSEE shall diligently pursue said c'>nstruction to completion. 4.5 LESSEE, at its own expense, agrees to connect to potable water and sewer lines to the Leucd LaIJd, as well as stonn water engineering, permitting and modifications. LESSEE will assume the responsibility and costs for the provision of all remaining infrastructure to service the Lease Land. All i:nprovements to the Leased Land shall be constructed in compliance with all governmental regulations punuant to valid pennits. In addition, LESSEE shall be responsible for the costs of repairing any ciamage to LESSOR'S roads, water and sewer f,cilities or other infrastructure located within or outside the Leased Land resulting from construction or use by LESSEE, its agents, officen or employees. 4.6 In the ~vent LESSEE shall cease to use the Leased Land for the purposes described in Section 4. I above, and such cessation of use shall continue for a period of Thirty (30) days, this Lease, at the option of the LESSOR, upon Thirty (30) days written notice to the LESSEE, shall be terminated and LESSEE shall surrender and vacate the premises to the LESSOR with Thirty (30) days after notice of such tennination. ARTICLE S. ENCUMBRANCE OF LEASEHOLD ESTATE 5.1 LESSEE shall not encumber, by mortgage or other security instrument, or by way of assignment, or otherwise, LESSOR's or LESSEE's interest under this Lease and lhe leasehold estate hereby created fer any purpose without the consent of LESSOR, which consent may be withheld in the absolute discretion of the L;SSOR. ARTICLE 6. REPAIRS AND RESTORATION 6.1 LESSEE, throughout th~ term of this Lease, at its own cost, and without any expense to the LJ~SOR, shall keep and maintain the Leased Land, including any buildings and improvements thereon, in good, sarlilary and neat order, condition and repair. Such maintenance and repair shall include, but not be limited to, painting, janitorial, fixtures and appurtenances (lighting, heating, plumbing, and air conditioning), landscaping of 2 -~ - ., ~ ':. _._,-",~-~".,. '~"{'.;j : ;¡.¡O,)~t '~,':,:,;"l", 7\;; (~,.; /- ,'C: ;'\)\':::.< "~'~: " :: j ,'. '. ,. ,.' :.' : ,:: ,:.'. '.' . 161 1 grounds immediately adjacent to the site buildings and improvements commonly known as a Juvenile Justice Facility on the site. Such repair may also include structural repair, if deemed necessary by the LESSEE, LESSEE shaJJ also comply and abide by all Federal, State, Municipal and other Governmental Statutes, ordinances, buildings and improvements thereon, or any other activities or conditions on or in the Leased Land. If the Leased Land is partially damaged by any casualty insurable under the LESSEE'S insurance policy, or its self-insurance program, LESSEE may at its option upon receipt of the insurance proceeds. repair the same in the manner it deems necessary and appropriate. Provided, however, if the Leased land, including buildings and improvements thereon: (a> are rendered wholly untenantable by nason of such occurrence or, (b) damaged, in whole or in part. to the extent FIFTY PERCENT (50%) or more of the replacement cost on date of loss thereof, in the sole judgment of LESSEE, then in either such event, LESSEE, may repair the damage. If LESSEE chooses not to repair the damage, LESSOR may cancel this Lease. Notice of cancellation shall be provided within Sixty (60) days after either of the above described eVents occur, and thereupon this lease shaH terminate, and LESSEE shall vacate and surrender the L..eased Land !o LESSOR. 6.2 LESSEE shall not do, suffer to be done, in. on, or upon the Leased land or as affecting the Leased Land, any act which may result in damage or depreciation of value to the Leased Land or any part thereof. LESSEE shall not commit or suffer to be committed any waste or hazardous conditions or nuisances to the site. If at any time during the term of this Le.ase any hazardous materiaJs are discovered on the site, lESSOR will take whatever clean up or abatement actions are necessary. Lessee may initiate by contractual agreement a 'phase one' environmenta] audit on the Leased land prior to the last signature date of this Agreement. If environmentally hazardous materials are found to be present on the Leased Land, Lessee may c.wcel this Agreement. 6.3 LESSEE shaH maintain with the Division of Risk Management, Department of Insurance, an insuru1ce policy up to the stat"..Itory limit for all claims for which sovereign immunity has been waived pursuant to Chapter 768, Florida Status for its use of the lease Land. LESSEE agrees to procure fire and extended risk insurance coverage ¡or any improvements by preparing and delivering to the Division of Risk Management, Department of Insurance, a completed Florida Fire Insurance Trust Fund Coverage Request Form immediately upon completion of any improvements or structures as evidenced by the issuance of a Certificate of Occupancy by the State Fire Mars;1al!. 6.4 In order to provide for the more orderly development of the site, it may be necessary, desirable, or required that right-of-way, street, utility lines and easements or licenses or similar rights be granted over or within portions of said site. LESSOR shall, upon request of LESSEE,join with LESSEE in executing and delivering such documents, from time to time, and throughout the term of this Lease, as may be appropriate, necessary or required by any governmental agencies, public utilities, and companies for this purpose. 6.5 LESSEE will take all necessary efforts to obtain any zoning. subdivision .ite plao environmental audits, or building approvals on the site, or any part thereof with which LESSEE may be required to comply. LESSOR agrees. from time to time, to assist the LESSEE in the creation and execution of such documents petitions, applications and authorizations as may be appropriate or required to submit the site, or any part thereof, for the purpose of obtaining such approvals. If for any reason zoning, easements, land development regulations or environmental issues cause the proposed use of this site unusable for the purpose intended aod expressly stated herein, this Lease shall be null and void. 6.6 The LESSEE is a state agency or subdivision as defined in Section 768.28, Ftorida Statutes, and agrees to be responsible for its own negligent acts or omissions or tortious acts which result in claims or suits against the LESSOR. Provided, however, nothing in this provisioD is intended to alter the LESSEE'S immunity in tort or other.vise impose liability on the LESSEE for which it would not other.vise by law be responsible. Accordingly, LESSOR acknowledges and agrees tbat it shall be responsible for its own negligent acts or omissions or tortious acts. Pursuant to 768.28( 18), Florida Statutes (1994 Supp.), LESSEE may not increase the limits of its liability in this agreement with the LESSOR. Further, the parties are aware of no specific authority vested in LESSEE that would permit LESSEE to indemnify or bold the LESSOR harmless from liability. Nonetheless, 3 -~ ~ ". ';. _·,__·.....,,·,"·.~".d,'~"'__,._, ", . (lk...",..~.:,·,·~.::.~:: )..."t.r·."'~.-.:' ,i': ."'..'....,....~~''":,....~.. ~\::..~:..r¡ '" ~..::(,. ":,,,..,~ ,,'~: ~';'.',.. 161 1 LESSEE will require its contractors, construction managers, I.IChitects, and engineers to be fully responsible for their negligent acts or omissions or tortious ACts which result in c:laims or suits against the LESSOR. and to agree to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to Ierve u a waiver of sovereign immunity by any provider to which sovereign immunity applies. Nothing herein shan be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. The provider agrees that it is an independent contractor and not an agent or employee of the LESSOR. 6.7 The premises (including land and improvements thereon) will be used for a Juvenile Justice Facility. The LESSEE may contract the operation of this facility to a private contractor, hereinafter called the Operator. The LESSEE or Operator shall be responsible for all chy-to-day operations of the program on the premises. except as specifically set forth in this l.easc. The LESSEE or designated Operator shall be responsibl~ for the supervision of aJl juveniles housed on the premises. All activities shall be conducted inside the secure premises. No juveniles committed for placement in this facility shallluve the premises without secure supervision. If the LESSEE elects to contract with a private Operator as provided by this section, the contract between the Operator and the LESSEE shall require the Operator to maintain in full force and effect a policy or policies of insurance providing law enforcement liability coverage and naming LESSOR as an additional insured thereon in an amount not less than Two Million Dollars ($2,000.000.00) per incident. This policy of insurance shall be in addition to said policies for fire AlId extended perils coverage required by said agreement between LESSEE and Operator. Said policies shaH require at least a thirty (30) day notice of the insured in the event of cancellation for non-payment of premium. 6.8 EJI;penses for each of the foregoing instances, unless expressly agreed to herein, shall be borne solely by the LESSEE and LESSOR shall be without expense. ARTICLE 7. MECHANIC'S LIENS 7. I LESSEE shall be responsible for liens filed against the Property that are aftribuf.1lble to the context of the LESSEE, its agents or assigns. ARTICLE 8. ASSIGmIENT AND SUBLEASE .. 8. I LESSEE shall bave no right to assign, conveyor transfer LESSEE's interest in this Lease AlId the leasehold estate created hereby. ARTICLE 9. DEFAULT AND REMEDIES AND SUBLEASE 9.1 No failure to perform any condition or covenant of this Lease shall entitle LESSOR to tenninate this Lease unless (I) such failure shall have continued for Thirty (30) days aner Dotice in writing requiring the performance of such condition or covenant sbaJl have been given to LESSEE: and (2) if such default is of such a nature that it cannot be remedied within this time, then, unless LESSEE shall fail to cure such default within said period, an additional timcframe shall be reasonably granted to the LESSEE in order to cure the dcfault, provided that LESSEE shaH commence to cure the default within this period and thereafter shall diligently continue the curing of the default. ARTICLE 10. TERMINATION AND SURRENDER 4 - --=--. :- - .. - ~ . . :~;. :" '-,'~'.~:~ -;r,: ',' ~,~~~.,,:~;~,::?<~:,_::,:::;.¡ )-", :, ~ :', .' ::. .. ". ' . ¡'. '" ' , ' ~'~-"'-"'.""."'.. , _'_. ·rlll'~war.~....· "__"___._ ~~J}~~~·:j}~~r,~~:~~:::~;t!·;,~;:;~~~~~)<·~,\~:~~~;;:,I:{'~~~~":~W~\::\; ~,:~~;~<::~~ <,~\: ,\>\,:,'<¡,;:'/~ ~. .;'[' . ;" '.:,':,':, ~ ,'. ,'..;, : I. ' . 1-6 I 1 10.1 Unless otherwise mutually agreed by the parties, within Thirty (30) days after termination of the Lease Tenn. LESSEE agrees to redeliver possession of the Leased Land 10 LESSOR in good condition and repair. LESSEE shall have the right at any time during LESSEE'S occupancy of the l..eased Land to remove any ~uipmenl, buildings, signs and fixtu~ owned in, on or under tbe Lea.sed Land occupied by the LESSEE, provided, however, at the tetnÚnalion of this Lease Agreement, LESSOR shall have the option of either requiring LESSEE to demolish and remove all improvements made by LESSEE to the Lea.sed Land upon LESSEE'S vacation thereof, or to require LESSEE to reain said improvements on the Leased I...and which improvements will become Ihe property of the LESSOR upon LESSEE'S vacation of the Lea.sed Land. 10.2 In the event the proposed construction of tbe juvenile justice facility places LESSOR over Ihe Development of Regional Impact (DRI) threshold, this lease shaH terminate and the LESSOR and LESSEE shall renegotiate this I...ea..c;c. ARTICLE II. GENERAL PROVISIONS 11. 1 In compliance with State Legislature, Section 255.1502, Florida Statutes, the State of Florida's performance and obligation to pay under this conlract is contingent upon annual appropriation by the Legislature. 11.2 All of the provisions of the Lease shall be deemed as ronning with the Land and construed to be "conditions" as well as "covenants" as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. 11.3 No failure by either LESSOR or LESSEE to insi~t upon the strict performance by the other of any covenant, agreement, tl:rm or condition of this Lease or to exc:rdse any right or remedy consequent upon a breach thereof shall constitute It waiver of an)' such bre.acb or of such ,:ovenanl, agreement, term or condition. No waiver of any breach shall affect or alter this Lease, but each and ever.v covenant, condition, agreement d term of this Lease shall continue in full force and effect with ~$ped to any other then existing or subsequent breach. 11.4 Time is declared to be of the essence of this Lease and of eacb provision. 11.5 This lusc contains the entire agreement of the parties with respect to the matters covered by this Lease and no other agreement, statement or promise made any party. or to any employee. officer or agent of any party, which is not contained in this Lease shaH be binding or valid. 11.6 Nothing conained in this Lease shall be deemed or construed by the parties or by any third person 10 create the relationship of principal and agent or of partnership or of joint venture or of any association belween LESSOR and LESSEE, and no provisions contained in this Lease, nor any acts of the parties shall be deemed to cre.ate any relationship between LESSOR and LESSEE, other than the relationship of LESSOR and LESSEE. Person or persons employed or volunteers of LESSEE shall have c:1aim against LESSOR as to pensions, worlcc:r's compensation, unemployment compensation, insurance, salary, wages or other employee rights or privileges granted by the operation of law or by LESSOR to its officers and employees. 11.7 This Lease shall be governed by and interpreted according to the laws of the State of Aorid&. 11.8 Articles, subsections and other captions cooained in this Lease are for reference purposes only and are in no way intended 10 describe, interpret, define or limit Ihe scope, extent or intent of this Lease or any portion thereof. 11.9 The provisions, terms or conditions of this Lease shall not be construed as a consent of the s -~ , -=- ..,.;......_-"",- ;f..~/F~.·/~:,:,·,:,~:~.~·~.....::;~··,,~·~·:·>:~.;.f.>··j;:,..::.,>...>~-'."'>~."~:'::'~(:".., ,ò ':..'>: '",::.'" " ~.,' :. .... ", 161 1 Slate of Florida to be sued beC3tLSe of said Lease:hold. 11. 10 This Lease: sets forth the entire understanding between the parties an shall only be amended with the prior written approval of both the LESSOR and the LESSEE. Notice to the LESSOR shall be addresm1 to: Board of County Commissioners c/o Real Property Management Department 3301 Tamiami Trail East Administration Building Nap1c:s, Florida 33962 Notice to the LESSEE shall be addressed to: Department of Juvenile Justice 2737 Centerview Drive Knight Building. Suite 304 Tallahassee. Florida 32399-3100 ARTICLE ]2: RADON GAS 12.1 In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas tbat. when it bas accumulated in . buildin¡ in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federn! and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health unit. IN WITNESS WHEREOF, the parties hereto have set their hands and se.a.\s on the day and ye:ar above first written. LESSOR: BOARD OF COUNlY COMMISSIONERS. COWER COUNlY. FLORIDA Attest: ~ . '-.~ . .'-!,. ) -"< :- _ _ ;.-:' _, ,. /1 . ~-- /" //. - '" .....~ ~ . --...,. ,/ .,-'" ~ ~ ( þ ,,' Dwfght E. Brock; :" '. ,. C1erk of Courts Approved u·tò· Form and Legal Sufficiency: 1Lffi~ 1 A (~ ¡(,() . David Weige.l. Esquire ,~ County A)t<:rney / Date: '-" /V''77 ; 6 -:J..- ,. - . . - -a. "':,." ~~.\~,'- ~"'_~."".. _."'~ '\.,' .~" i c,:,,:,;: '.,,-. "." :. :-," I. ',".' ': _. ,_ , ' ..._,__~ "'~"'_."R. 11:11___ . . -.. ~.'''''''.."", ;.. ~..- f- ,.:. ~ :.,. .,: ,'';, I ,,\.,,~ '... .. . r . ... -" .. . . ..... '. . '.. " . ". ¡. , .. I .n) ......,'~-:;<:.:',::.:~. .:':.';" ':',','::.; . .··.:.:i~·'·.~·~ '..; '" -..... ..' .:.. ,'. . '~: .- : 1-6 I 1 LESSEE: Sf ATE OF FLORIDA. DEPARTMENT OF JUVENILE JUSTICE Witnesses: By, \.0 ~!,.) ~ JJ.~ WOODROW W. HARPER DEPUTY ~ARY Date: ~ 'b "r.1 G~~ . c--D ' ,('¡ (\-~....."-'-'-- \ J'--''--~''--- STATE OF FLO~A COUNTY OF þr~~ Subscribed and sworn to before me by Woodrow W. Harper as Deputy Secretary of the State of Horida. J).:partnlWt of Juvenile Justice, wbo is~rsona1ly known to me or who bas produced as identification and who JidTcIíd not take an oath. WITNESS my band ~d offi"'¡"'¡ obi. Jl1. day or~. 1997. Notary Public (affix notarial seal) ~~ U~ ß-ur Print Name: ~ Jo~u.~ My Commission Ef.f.å;'r.iW:: t MY IDIIS:Sn- I ~ EXPIÐ ?,,' 1 ~. 22. 2œQ \í' '...,:, DaD 1IWI11IÐ" ,.........a.1C. THIS INSTRUMENT PREPARED BY: KA TIU.EEN C. PASSIDOMO, EsQUIRE KeU,. Pric., P..aidomo &. Sitct. Chid. 2640 Golden Gate Parlcway. Suite 315 Nal'le3. Horida 34105 (941) 261-3453 7 . -.:t..... " - " - ... ~. .'.:'. ·":'·-"'~·-'.f".""~~...T<-~:..:', ". ' . .::....:.-. ;.\":,",,': :' '.:': J../.... '.' . '. '...... ..,., ~-"'."""'.._-""""-_...._--_..,-,_........_"""'-_,_tI><__,~-._....."' 1II"4___'_"''''''''~'''''''''''_~''__'''''''''_~~_''''"'''''''_~__''''''''''''''''''"'_,...__~_._._.",.~__.,,~.~.. > .._.,~""..._-,- :/{ 1;'<::':?'\':;'S'I:;~;;{/::;'~~;~ ;<:~;\:,~,:!;~:-';~,'/:',:,:,'~:;.':: ',~:~~,;'L' '~!"'~ ~:;<",:, :.>:: '~',';:'~: .,;: :,:.,:'::-,':>, <.. ", '" " ': 161 1 ALL THAT PART OF A PARCEL OF.,I...AND LYING IN SECTION 12, TOWNSHIP SO SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12; THENCE ALONG THE WESTERLY LINE OF SAlD SECTION 12, NORTH 00° 18'50" WEST 2162.78 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAlD SECTION 12, NORTH 89°41'10" EAST 654.12 FEET TO A SOUTHWESTERLY COR.l\lER OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 994, AT PAGE 234; THENCE ALONG THE SOU~Á-l-IERL Y LINE OF SAID LANDS NORTH 87°07'17" EAST 41.92 FEET TO THE POINT OF BEGTNNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE ALONG SAlD SOUTHERLY LINE OF SAID LANDS NORTH 87°Oi'17" EAST 132.16 FEET; THENCE LEAVING SAID SOUTHERLY LI}.¡'E OF SAID LANDS NORTH 42° II'S 1" EAST 182.69 FEET; THENCE NORTH 89°41'10" EAST 252.05 FEET TO THE BEGINNING OF A CIRCULAR THENCE EASTERL Y, NORTHEASTERLY. NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE, THROUGH A CENTRAL ANGLE OF 123°57'05" AN ARC DISTANCE OF 28.12 FEET TO A POINT OF TANGENCY; THENCE NORTH 34°15'55" WEST 59.23 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCA VE SOUTHWESTERLY AND HAVING A RADIUS OF 117.00 FEET; THENCE NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 56°03'00" AN ARC DISTANCE OF 114.46 FEET TO A POINT OF TANGENCY; THENCE SOUTt I 89°41 '06" WEST 288.26 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCA VE SOUTHEASTERLY AND HAVING A RADIUS OF 103.00 FEET; - THENCE WESTERL Y. SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 91 °07' 15" AN ARC DlST..<\NCE OF 163.81 FEET TO A POINT OF TANGENCY; THENCE SOUTH 01 °26'10" EAST 156.64 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; ...- ___ ___~ ._m_.~ ___._ -' ',' -" -' "-' ._'..'...',' -' .,' ' '- ,,!_' . . '. ,': --~~--- '""'"""....'".,<~,"""...-,',,.'... ·"·:)~:\::;};:::C~;;·:~~:,;:~.:t·;'.'L:'~·H·< \:,' :.',.:;;::': : .' .' ~ ,":., . . 161 1 CONTAINING 1.92 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRlCTIONS OF RECORD. AGNOLI, BARBER & BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS AND LAND SURVEYORS NO. 5335 REF: ABB DRAWING FILE NO. 5673 WDAIIc¡ WP-OJ-]¿lK7.D£S _ 8M '~J'","" 1'...._ _-/~<r~·";~:··;,,~·::,~·~~iY;\-:;:t.~/~~~:.>/.)';:;>:):~~..'~>~~.t·;,.::·;:'::~':'~:~'::~::':''':.;:. ",,'j' ..... _ :- ¡. .' 1. I'" .to,,",,' t,.. ., ",. '\...~ /~ 't'. J./\ .......:..,.' ....~, ,- \..t:!",1 .~I~f· "'.......: '/-. \';' ,I.,'.... '. .....: .. (-.' ~~./.:::.~:. \',.~;:;,:-:~:,:.,I~:-..~.;.:.< .:....< 1.~·,~,::·.":·.'.Iî..j·:::_1'>":'.'~· t'.-.< . . ,- 161 1 LAND DESCRIPTION OF PARCEL "B" ALL THAT PART OF A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER or SAID SECTION 12; THENCE ALONG THE WESTERLY LINE OF SAID SECTION 12, NORTH 00°18'50" WEST 2162.78 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID SECTION 12, NORTH 89°41'10" EAST 654.12 FEET TO A SOUTHWESTERL Y CORNER OF THOSE LANDS AS DESCRIßED IN OfFICIAL RECORD BOOK 994, AT PAGE 234; THENCE ALONG THE WESTERLY LINE OF SAID LANDS NORTH 00°18'50" WEST 231.23 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE ALONG SAID WESTERLY LINE NORTH 00° 18'50" WEST I 12.23 FEET; THENCE ALONG THE NORTHERLY LINE OF SAID LANDS NORTH 89°41'10" EAST 491.90 FEET; THENCE LEAVING SAID NORTHERLY LINE OF SAID LANDS SOUTH 00°18'50" EAST 51.57 FEET TO AN INTERSECTION WITH THE ARC OF A NON-TANGENT CIRCULAR CURVE CONCA VE SOUTHERLY AND WHOSE RADIUS POINT BEARS SOUTH 22°44'05" WEST 158.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 23°02'59" AN ARC DISTANCE OF 63.56 FEET TO A rOINT OF TANGENCY; THENCE SOUTH 89°41'06" WEST 301.57 FEET TO THE BEGINNING OF A CIRCULAR CURVE C;ONÇA VE SOUTIIEASTERL Y AND HAVING A RADIUS OF 130.95 FEET; THENCE WESTERLY, SOUTHWESTERL Y AND SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 65°49'23" AN ARC DISTANCE OF 150.44 FEET TO AN fNTERSECTION WITH A RADlAL LINE; THENCE LEA VING THE ARC OF SAlD CIRCULAR CURVE ALONG SAID RADIAL LINE NORTH ú6°08' 17" WE ST 9.88 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONT AINING 0.52 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLI, BARBER & BRUNDAGE, INe. PROFESSIONAL ENGINEERS, PLANNERS AND LAND SURVEYORS BY ¡Ji1Á ' · ~D. AGN LI .S.M. NO. 5335 REF: ABB DRA WIN LE NO. 5673 IVDAlkr IVP-05-18J K 7.DES 1111."."'1"_·".. I ':::.-.... ,..,~#:.. ....; . .. ~~.:_~.\. ~., ~.. ..-'...,"~., ....u..· :1.\ '.' ," "t-t.' .... '..- ". ~ \;~~ ~Ji.' "'e .. -I··· . / " 1'''\ j' "; . ~ .. ~.. ,.... f t ... \ . . ... ", l ~,' ),...., I It..... .... 't.) - ... f " ~ . J ·.f· ....... ". j.,.., ... # ,. , ~ I ' ;. , .' . ~. 't. .'·'.\,I ..LI !._~:,0-1..._........~."....~"'..\;"'" ...., ~j,..; ~.'....;¡ _. d. :,,_. ~.."... (..' l .."1 , :,)' I " " >j :~,{':, p~:,~,~~~; ::'~~!~~ ~/~.C;';':~<·"~"<;·";~'~:~"',:~:::,:·:::' i::'.:·: ';<::: {\:'" -.~:, ~~:.. .: ~ ;..".: ¡ ; '! ;.;: ::' :',:.:: .<:: ::.... ¡"...<' . , 16 J 2 SETILEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUl1JAL RELEASE (hereinafter "Agreement and Release") is entered into and made on this / d day of .~~ "Ie ( , 1997 by and between BOCA PALMS OF NAPLES ASSOCIATION, INC., (hér~inafter "Boca Palms") and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter "Collier County"). WITNESSETH: WHEREAS, Boca Palms has filed a Notice of Claim with the Florida Department of Insurance, dated March 2, 1997 against Collier County; WHEREAS, Collier County received a copy of the aforementioned Notice of Claim on March 12, 1997, WHEREAS, the substance of the claim filed by Boca Palms against Collier County alleges a failure of Collier County to properly maintain a drainage easement which surrounds the claimants' property, thus allegedly causing damage to a wall which also surrounds the claimants' property. WHEREAS, Collier County denies liability for the claims and damages asserted by Boca Palms. WHEREAS, the parties desire to settle and compromise any and all aspects of the dispute arising between Boca Palms and Collier County relating to the damage to the wall which surrounds the claimants' property, NOW THEREFORE, in consideration of the promises, covenants and conditions cor,tained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby ~.gree as follows: I. The parties adopt and affinn the recitals set forth above as true and correct as if rep::ated verbatim. 2. That Collier County agrees to pay the total of Eighteen Thousand (SI8,000.00) Dollars representing the total amount due to Boca Palms for damage done to a wall owned by Boca Palms, located in Collier County, Florida, in accordance with and subject to the provisions set forth herein. ~.c -..... -'~"'"" _ _.... ....r.._~ -- --.- - --- ':'~.:::.:'. :~~":'r: ': ;,~. ~~:".: ,~.~;:~.~I~;~>~··:~~i .~...,":,;'::~"> .:~~';/.:.;' :;..:..... ..~..'.:....~. '.:.. ....... ' ". ' .' \ . 161 < 3. The payment of Eighteen Thousand (SI8,000.00) Do 11 ars, shall represent all amounts due to Boca Palms for the damages heretofore alleged and will resolve all legal or equitable claims or chal1enges to repair and/or replace the aforementioned wall at Boca Palms ar.d any and all claims or challenges which could have been made by Boca Palms relating to this claim. 4. Payment from Collier County to Boca Palms shall be accomplished by one lump sum payment of Eighteen Thousand ($18,000.00) Dollars on or before September I, 1997. 5. No payment has been made from Collier County to Boca Palms in relation to this matter as oftrus date. 6. Both Collier County and Boca Palms agree to bear its own attorneys' fees and costs of the claim filed in this matter. 7. In consideration of the payment by Collier County as stated in paragraph three and paragraph four of this Agreement and Release, Boca Palms hereby remises, releases. quits, satisties and forever discharges Collier County of any and all manner of action and actions. cause and causes of actions, suits, debts, dues, sums of money, accounts, reckonings, covenants, contracts, promises, damages, judgments, executions, claims or demands whatsoever, in law or in equity, which Boca Palms now has, or which any person, representative, successor, heir or assign of Boca Palms, hereafter can, shall or may have against Collier County, that refer, arise from or in any way relate to this claim. 8. Boca Palms agrees to terminate and forever abandon the claim it filed with the Florida Department of Insurance relative to this matter at the time that the instant Agreement and Release is approved by the Board of County Commissioners of Collier County. 9. Both Boca Palms and Co!lier County agree that any claims which may have emanated from the damage done to the claimants' walls up to and inclusive of the date of August 15, 1997 are precluded by execution of this Agreement and Release and acceptance of payment of Eighteen Thousand ($18,000.00) L'ollars by Collier County to Boca Palms. 10. This Agreement and Release shall be construed according to the laws of the State of Florida and any terms of this settlement agreement may not be changed orally. 11. This Agreement and Release shall be binding upon the parties, their heirs, administrators, representatives, executors, beneficiaries, employees, agents, successors and 2 ).6 ~~ ~/ .~~ :.....-. '::::; '~'. '\ : ~~.... ~I;·':":>·.._~.:;ß ~:j~: ~ ",:~,' ..~~~,~ 1-. ....,. - .¿J~~ ~ . -__~__:.:~......r,.î'. ,~. ;...~. ~ ~': ~::.::~,~ J~:' ~.I~.~~, ~~ ~ ::-:': '..:.: I.! ,,; I.:"~.~~) =. ~~ ~. f:~' :"~.~ . :.~'.;' '-~~ ":,' þ' -=',......--."'.,,,.,.,..."',, --"";---..-...._.......,-"'",.'---...,,~,__-...,'~._ r 1 .... 11'iiU"'___"___ rr~.....-.-....- - 161 2 assigns and shall inure to the benefit of the parties, their heirs, administrators, representatives, executors, beneficiaries, employees, agents, successors and assigns. 12. The parties have not been influenced in any manner or to any extent to enter into this Agreement and Release by any representative or statements of the other parties, or by person or persons representing any other party. 13. All parties hereto understand and agree that there are no oral or other agreements, alTangements, representations or understandings between them relevant to the matter covered and understood by this Agreement and Release. 14. This Agreement and Release IS intended to compromIse and resolve all differences and claims between the parties relating to any damage occurring up to and inclusive of the date of August 15, 1997 to the wall surrounding the Boca Palms property and the challenge thereto and in no way constitutes a precedent or an admission of any party of liability for any claims of the respective parties. However, should the Board of County Commissioners of Collier County fail to approve this Agreement and Release, the parties are in no way waiving allY claim or defense relative to the matter contained herein. The parties also agree that nothing in this Agreement and Release shall preclude or limit either party from enforcing this document's tenns in the event of a breach by either party. The County's obligation with regard to the drainage easement will remain the same. IS. Should any provision of this AgreemCilt and Release be declared or be detennined by any Court to be illegal or invalid, the validity of the remaining parts, tenns and provisions shall not be effected thereby and such an illegal or invalid part, tenn or provision shall be deemed not to be a part of this document. 16. This Agreement and Release sets forth the entire agreement by and between the parties hereto and fully supersedes any and all prior agreements or understandings between the parties hereto pertaining to the subject matter hereof. 3 ~C/ "iw'N>! ~ III W' Ilr."_-..._;"'.,......__...._.""'__.··;I' ',;:...~~,."~",-~._,.\"..'.,,,'.;..'" .',,) ~.... ........ '.'- . ~ ,. .... . 161 2 TN WITNESS WHEREOF. the parties. by their duly authorized agents have signed and sealed this agreement on the date set forth adjacent to their signatures. DATED: ~(07 '" <-., ATTEST: ' . ", DWIGHT E: BROCK, CLERK ç ~ ~ ,¿t:'~~þ{&~.' .~,¿.-:ZJ.(. BOARD OF COUNTY COMMISSIONERS COLLŒ~UNTY.FLORIDA BY:~~ TIMO L. HANCOCK, Chairman . '," . , ¿zroved as~: "~/""'~~-d .~u¿ Lawrence S. Pivacek Assistant County Attorney WITNESSES: BOCAPALMSOF~ :~~ZrNC ~ <.5A !/t CIJ N I?'¡Æ / it TV Printed name - C? L~ °tn S5 1 Witness 2 Title: . pttIß S Date: g"--- ç - C( 7 h; Larry\M isc\sc:t agr 4 ~o. ,.\';:'. :,~:.<: >~:' \>,,~,,:;,~~': ~;,',:~, ; ,,: ~/,>,,;~:,' :,:<,'_.~,> /. :' ~~, ,: '.:, i:::,:.., " ,: ',~" ,[ , :. ' , '. ,., ".0· vwvn._ I 'or .. .. Napl~s Oaily News Napl~s, fL 33940 Affidavit of Publication -----..--.-------.--.--..-------------------------+-----------------..-----.-. IIOARO Of CUJWTY CCMH [SS lOt/EftS FIMANCE OEI'T. - T081 CRMLIWG PO BOX 413(1'6 NAPLES fl 34101-3016 ~EFERENCE: 00'230 5~0'945 -701237 NOTIC. Of PUBLIC HEE . NOT1Œ OF P\.aJC MÆTIIG - 80AAD OF COUNTY COIIWJSSØI3tS, , COl..l& aunY R.ORÐA T~fj, "" , Hob" I. tbt ~ licit .. c.IIIr CtNrtt BGcr'd " CJi.rit CammtsIIonøB wi nIICIt In III aoanrs QIanàn on .. ThIrd F'I'J(r' CJI .. Aò......iw IIùIIIng .... Ing ,., crt .. CøIIr COUrtt GMmIllli ~ ~~,..at~.': P*d IImI n.... ' QIPIS CJI .. QIiIfInCtI .... tcIId meeting ¡ wII be ,... CMIIaÞII II ItII ~ ., ::,:.=~tI'a~ pe.~ .,.., ," .. '.- . ." , .... dda tD "'0' -=. ,. ~ It/In wi !!lid 0 nICGI'd " .. .......... ..... thn1O,.... '.... 'IfftIY _ tD ..... IIat 0 yftoo 1m reœrd CJI 1Ie'~ " ~ ~ nanI IncWís .. tIsImorry ønd evIdence.,UPOn wi*" .. CIIIPIII1 Is tD lie bcBed." "...:~ .~<O;~ ......."., ".....'.."1f'. "",.,.. BOARDr:#COUMTY~ COLL.ER COUMTYR.CIÐA' ~. TIMOTHYL.~ DWIGHT e.1IROCX,~ , , \ Iv: '" McIIntn Kenyan , .. .' ~ ~CIIr\" . :,:Ho.m." State of florida County of Collier Before the ~nder~i9ned authority, personally a~ared Angela Bryant, whQ on oath says that she s~rv., as Assistant Secr~tary of the Naples Daily !dNa, a daily newspaper published at Naples, in ColLier County, Florida: that th~ attached copy of advertising was po.-'bl ¡shed in said newspaper on dat~s listed_ Affiant further says that th~ said Naples Daily News is a newspaper pubLished at Naples, in said Colli~r County, florida, and that th~ said newspaper has her~tofor~ been continuously published in said Collier County, Florida, each day Dnd has been entered as second class mei l ~tter 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 ,f advertisement; and affiant further says t,at she has neither paid nor pr~ised any p~rson, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 1)6/15 AD SPACE: FILED ON: :1.667 INCH [16116/97 ---.--...--.....---..-...--........-----------.---.+-----.-.-.--....----------- Signature of Adiant LA./,~</.i"-{;-I /1' , >..sð-<yæ.-, ç J . ~-' Sworn to and S\Oscribed before noe this ¿ day ~f t::;:. - 1 , 192.7 . 0 "].¡; / ' Personally Icno.n by me ""jf..léÙ,C/" ,7 _c.~1'i ~ Q...,., } / ../ ~......... "~~'.'~, .IvdIII A. {{ ~;'\'J I.IY ~ f'IInIg.n . '~'l I CC5CI7I7 ">:h".;r,~.·· ~ I'. æ:xJ EXPIREs -"'¡:M':I· IOIQ:D r"" ~ , "~,ØIIt